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12-10-13 Regular Meeting (2)City of Delray Beach Regular Commission Meeting Tuesday, December 10, 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. (THIS SPACE INTENTIONALLY LEFT BLANK) 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. September 10, 2013 - Workshop Meeting B. October 15, 2013 — Regular Meeting C. November 5, 2013 -Regular Meeting 5. PRESENTATIONS: A. Recognizing and commending Nancy K. Hurd for her multitudinous contributions 1. RESOLUTION NO. 60 -13: Approve Resolution No. 60 -13; provide authorization to name the east -west public alley located between Lake Ida Road and N.W. 4th Street "Nancv's -Wav ". as reauested by the Board of Directors of the Achievement Center for Children and Families (ACCF). 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 57 -13 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS /65 PALM SQUARE): Approve a tax exemption request for eligible improvements to the property located at 65 Palm Square within the Marina Historic District; and approve Resolution No. 57 -13. B. FINAL SUBDIVISION PLAT APPROVAL /DELRAY VILLAGE SHOPPES (f /k/a LINTCO DEVELOPMENT): Approve a final plat for a new shopping center development to be platted as Delray Village Shoppes (f /k/a Lintco Development) located on the north side of Linton Boulevard, west of SW 4th Avenue. C. REQUEST FOR SIDEWALK EASEMENT AND SIDEWALK DEFERRAL AGREEMENTS /1108 NORTH VISTA DEL MAR DRIVE: Approve acceptance of a sidewalk easement and sidewalk deferral agreement along North Vista Del Mar Drive associated with the additions and alterations to the property located at 1108 North Vista Del Mar Drive. D. RESOLUTION NO. 55 -13; ABANDONMENT OF UTILITY EASEMENT /GROVE AT LAKE IDA: Approve Resolution No. 55 -13; Grove at Lake Ida - Resolution No. 55 -13 — Abandonment of a 16' Utility Easement running north and south from Northwest 121h- Street to Grove Way in Delray Beach, Florida. E. HOLD HARMLESS AGREEMENT/ 2225 SOUTH OCEAN BOULEVARD: Approve a Hold Harmless Agreement with Delray Villages by the Sea, LLC., to install and construct utilities in the State DOT right-of-way property located at 2225 South Ocean Boulevard. F. AMENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA)/CONSTRUCTION PROFESSIONAL SERVICES FY 2012 -2013: Approve Amendment No. 3 to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) to modify Exhibit "A" to reflect the actual amount of funding provided by the CRA for the projects at the end of FY 2012 -13. G. CHANGE ORDER NO. 1 /ROSSO SITE DEVELOPMENT, INC.: Approve Change Order No. 1 with Rosso Site Development, Inc. for a contract time extension of twen -eight (28) days; and approval in the amount of $13,127.72, for the installation of drainage structures, pipe and sidewalk removal and replacement, to be paid out of the contract's Undefined General Allowance, to Rosso Site Development, Inc., for the Osceola Alleys Phase I Project. Cost to be funded out of the Contract's Undefined General Allowance. R LANDSCAPE MAINTENANCE AGREEMENT /924 SOUTH OCEAN BOULEVARD: Approve a Landscape Maintenance Agreement with Lidia Anna Soltysik- Kaminska, Zygmunt Kaminski and Piotr Marcin Kaminski for landscape installation within the rh!ht- of -wav at 924 South Ocean Boulevard. L LANDSCAPE MAINTENANCE AGREEMENT/DELRAY PLACE, LLC.: Approve a Landscape Maintenance Agreement with Delray Place, LLC., for landscape installation within the right -of -way of Eve Street. J. AGREEMENT FOR CONSULTING /PROFESSIONAL SERVICES/ INTERNATIONAL ENTERPRISE DEVELOPMENT: Approve the Micro Enterprise Technical Assistance Consulting Agreement with International Enterprise Development, Inc. in the amount of $50,000.00 to establish the Delray Beach Micro Enterprise Program providing for technical assistance and loan funds to eligible business owners. Funding is available from 118 - 1965 -559 -49.59 (Neighborhood Services: Other Current Charges /Micro Lending) and 118- 1930 -559 -49.59 (Neighborhood Services: Other Current Charges /Micro Lending). K. TRIPARTITE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): EAGLE NEST PROGRAM PROJECT: Approve a Tripartite Interlocal Agreement between the City of Delray Beach, the Delray Beach Community Redevelopment Agency (CRA) and the School Board of Palm Beach County, Florida for the Eagle Nest Program Project #3 at Atlantic High School Career Academy. L. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. M. RESOLUTION NO. 59 -13: Approve Resolution No. 59 -13 regarding the March 11, 2014 First Nonpartisan and Special Elections. N. PROCLAMATIONS: 1. Calling for the First Non - Partisan and Special Elections to be held on March 11, 2014 O. AWARD OF BIDS AND CONTRACTS: 1. Award to PVS Technologies, Inc. in the amount of $260,000.00 for the purchase and delivery of liguid ferric chloride for use at the Water Treatment Plant (WTP) FY 2014. Funding is available from 441 - 5122 - 536 -52.21 (Water & Sewer Fund: Operating Supplies /Chemicals). 2. Purchase award to Florida Bullet, Inc. in the amount of $52,775.60 for ammunition for training and on -duty use for the Police Department. Funding is available from 001 - 2111 -521 -52.20 (General Fund: Operating Supplies /General Operating Supplies). 3. Purchase award to HD Supply Waterworks, LTD in the amount of $58,140.00 for the purchase of 20 Hydroguard model HG -1 automatic flushing units. Funding is available from 442 - 5178 - 536 -64.90 (Water & Sewer Renewal and Replacement Fund: Machinery/Equipment/ Other Machinery/Equipment). 4. Purchase award to Specialty Vehicles, Inc., in the amount of $16,332.00 and Allison Transmission in the amount of $2,160.00 (total amount of $18,492.00) for extended warranties for the trolley fleet. Funding is available from 001- 3151 -545- 49.26 (General Fund: Other Current Charles /Tri Rail Trolley Services). 5. Purchase award to Otto Environmental Systems in the amount of $60,000.00 for hot - stamped, garbage carts, lids and wheels to be ordered "as- needed" as the product supplier. FundinjZ is available from 433 - 3711 -534 -49.35 (Sanitation Fund: Other Current CharjZes /Cart Renewal & Replacement). 6. Purchase award to Hall -Mark Fire Equipment in the amount of $278,009.00 for a new Horton model 623 Rescue Vehicle to replace the 2004 MedTec Ambulance. Funding is available from 501- 3312 -591 -64.25 (Garage Fund: Machinery /Equipment /Heavy Equipment). 7. Contract award to Overtime Services (OT Services) in the amount of $46,320.00 per year for the cleaninlz of the Police Department, in addition to other related services "as needed ". Funding is available from 001 - 2111 -521 -34.10 (General Fund: Other Contractual Services /Janitorial Services). REGULAR AGENDA: A. WAIVER REQUESTS /UPTOWN DELRAY: Consider approval of three (3) waivers to Land Development Regulations (LDR) Sections 4.4.13 (F)(1)(c), "Floor Height ", 4.6.18(B)(14)(iv)(2), "Window Area ", and 4.6.18 (B)(14)(vi)(4)(b), "Garage Facade ", associated with the Class V site plan for the Uptown Delray project located on the north side of S.E. 211d Street, between S.E. 41h- Avenue and S.E. 51h- Avenue. (Quasi - Judicial Hearin ,-) B. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REOUEST FOR 1001 HIBISCUS LANE PLAT: Approve a final plat and a waiver for a 1.68 acre residential development containing three (3) single - family lots to be platted as 1001 Hibiscus Lane Plat. (Quasi- Judicial Hearin,-) C. OFFER OF SETTLEMENT IN CITY OF DELRAY BEACH v. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA): Consider an Offer of Settlement in the total amount of $125,000.00 in the City of Delray Beach v. Palm Beach County Police Benevolent Association. Staff recommends approval. D. SETTLEMENT OFFER IN PREVILLON CASSY v. CITY OF DELRAY BEACH: Consider a Settle Offer in the total amount of $25,000.00 in Previllon Cassy v. City of Delray Beach. Staff recommends approval; subject to the receipt of the appropriate releases. E. APPOINTMENT OF AN INTERIM CITY ATTORNEY: Appoint an Interim City Attorney upon the resignation of Mr. Brian Shutt. 10. PUBLIC HEARINGS: A. RESOLUTION NO. 58 -13 /CONTRACT FOR SALE AND PURCHASE OF OLD SCHOOL SQUARE RETAIL SPACE: Approve Resolution 58 -13; authorizing approval of a contract by resolution authorizing the sale and purchase of interior space on the first floor of the Old School Square Parking Garage. 11. FIRST READINGS: A. ORDINANCE NO. 36 -13: Approve an amendment to Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charles Levied ", to provide for decreased residential collection service rates for the remaining FY 2014. If approved, a public hearing will be held on January 7, 2014. B. ORDINANCE NO. 37 -13: Approve an amendment to Chapter 31, "City Officials and Employees ", of the Code of Ordinances by repealing Section 31.05, "City Attornen Qualifications ", in its entirety passed, a public hearing will be held on January 7, 2014. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission WORKSHOP MEETING SEPTEMBER 10, 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, September 10, 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 Chevelle D. Nubin, City Clerk Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Proposal from Alliance Media Group Holdings regarding the Tennis Stadium — Daniel de Liege Mr. Robert Barcinski, Assistant City Manager, introduced the item and Mr. Daniel de Liege provided an overview regarding the company. In addition, Mr. de Liege discussed the proposal i.e. exclusity, equipment and possible changes or upgrades to the Tennis Stadium. Mrs. Gray asked if any of the jobs will be provided to residents of Delray Beach. Mrs. Petrolia asked where will the equipment be housed and about the programming. Also, she asked what would be the total revenue for the city. She inquired what would the average price be to rent a facility like the Tennis Stadium. Mr. Frankel stated the venue is underutilized and stated Mr. Baron did not know anything about the proposal. He stated this looks good; however, all avenues need to be explored. Mr. Frankel stated he is concerned about the four (4) year with two (2) additional three (3) year renewals. Mr. Jacquet asked about the $3,000 rental rate. He stated this is a concern and asked should this commitment be made. He asked about another company and also asked how did Mr. deLiege hear about the Tennis Center. He stated this company is newly formed and discussed his concerns. Mayor Glickstein stated there is universal agreement that the facility is underutilized. He read a statement into record regarding the project. He stated this project should not be in front of the Commission at this time. He stated before it comes to Commission he would like to have information regarding the sponsors, partners, how this project meets city goals, a review and analysis by the City Attorney and Finance Department as well as a recommendation from the City Manager. 2. Communitv Redevelopment Agencv (CRA) FY 2013 -2014 Work Plan and Budget Ms. Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), introduced Mr. Bill Branning, Treasurer; Mr. Jeff Costello, Assistant Director; Ms. Lori Hayward, Finance Director and Vin Nolan, Economic Development Director. She conducted a PowerPoint presentation of the Fiscal Year 2012/2013 CRA work plan and the preliminary work plan for FY 2013/2014. Ms. Colonna described the accomplishments of the CRA for FY 2012 -2013 to date and progress on upcoming projects. Ms. Hayward explained the FY 2014 budget. Mayor Glickstein inquired about bonds. Mr. Frankel asked for an update regarding the hotel. Mr. Costello stated it should be complete by December 31, 2014. Mr. Frankel asked if there were any additional proposals surrounding that area. He also asked about a parking structure for SE 6d' Avenue. Mrs. Gray asked about the southwest neighborhoods that are approximately 300 feet surrounding the hotel. In addition, she asked about the 20 lots on SW 8d' Avenue. Mr. Costello discussed the remediation of the property. Mrs. Gray inquired about funding for sidewalks, more decorative lighting for Martin Luther King, Jr. Boulevard and the Downtown Master Plan. Mr. Jacquet asked how sidewalks are prioritized in the Capital Improvement Program. He asked about slight and blum. Ms. Colonna stated the CRA works with the city on sidewalks because they are in the city's right of ways. Mrs. Petrolia asked what the plans are for the warehouse. Ms. Colonna stated a consultant is creating a business plan and Currie Sowards Aguila Architects is working on a concept plan. Mrs. Petrolia asked about NE 2nd to George Bush. Mayor Glickstein stated alleys have been an issue. He asked if the CIA has any idea as to the number of paved versus unpaved alleys. He asked if the three proposals the CRA received meet the West Atlantic Redevelopment Coalition (WARC) objectives and if the proposals include aggregate properties. In addition, he commented regarding concrete pillars on SE 2nd Avenue. Mayor Glickstein inquired about the $750,000 for the design of the parking garage. He stated this amount seems incredibly high. He asked if the CRA has looked at a parking structure for the beach. Ms. Colonna stated alot of that area is not in the CRA District. He stated the city needs more gathering places than coffee shops. 3. Sexual Predator Offender Tracking (S.P.O.T.) System Chief Anthony Strianese presented this item. He stated the State of Florida monitors approximately 61,000 predators /offenders. He discussed the 1,000 foot boundary map and provided the map for the Commission to review. Mayor Glickstein inquired why the city does not have an ordinance like Boca Raton. Chief Strianese discussed his concerns regarding the State Statute. Ms. Cathy Kozol stated it would be constitutionally overbroad. Mayor Glickstein asked why the city has double the number of predators /offenders than Boca Raton and Boynton Beach. 2 September 10, 2013 Mrs. Petrolia asked about "Beat 6" in regards to sex offenders. Mr. Frankel stated the last update of the City's ordinance is 2006. He stated there have been changes since that time. Ms. Kozol stated the city's ordinance is more restrictive than the Statute. Mr. Frankel asked if there was anything the city could do that would not be too overbroad. Chief Strianese stated the boundary could possibly be raised to 2,500 feet but the city would have to look at the constitutionality of that. Mr. Frankel asked about the boundary being 2,000 feet. Ms. Kozol stated 2,500 feet is constitutional in regards to Home Rule but she is concerned with over breadth. Mrs. Gray stated the city should look at the 2,500 feet. Discussion ensued regarding the 21500 feet boundary. Chief Strianese stated the State will only review arrests within the 1,000 feet boundary. He stated the Police Department will prepare maps for the Commission showing 1,500, 2,000 and 2,500 feet. He reiterated that the S.P.O.T. System is working. Mr. Jacquet inquired as to the issues the Police Department is dealing with right now regarding the 1,000 feet boundary and feels that increasing the boundary to 2,500 feet is opening the city up for legal challenges. 4. Discussion regarding the FY 2014 Budget Commission discussed allowing public comment on this item. It was the consensus of the Commission that public comment would be allowed on this particular item. Mr. Louie Chapman, Jr. presented this item and stated instead of going into reserves departmental operating budgets will be cut by 1 %. He stated the operating millage with this recommendation would be 7.1992. Mrs. Petrolia asked about last week's meeting regarding the millage. She discussed what she would like to see happen with the budget and would like to see the budget broken out by what departments requested versus the Manager recommendations. She handed out her recommendations for the budget. Mrs. Petrolia stated she would like to look at fees and see an analysis. In addition, she commented regarding solar compactors. Mayor Glickstein asked about the departmental requests. Mrs. Gray commented regarding the $800,000 reductions in each department. The City Manager stated he will look at the core functions and ancillary items. He stated it will take approximately six (6) to eight (8) months. Mr. Chapman stated expenses will have to be aligned with tax revenues. 3 September 10, 2013 Mrs. Gray asked if staff has looked at the parking meters. In addition, she commented on the monies spent regarding the waste management lawsuit. The City Manager stated additional dollars have been added to the City Attorney budget. Mayor Glickstein asked if there is a summary of what is being proposed. Mr. Frankel commented about how the budget process was conducted last year. He stated the City Manager and Finance Director would need to look at the process regarding the budget. Mr. Jacquet stated he would like to see Mr. Boyd and Mr. Chapman review what has been brought forward by Commissioner Petrolia. Mrs. Petrolia stated the numbers are already there. Mayor Glickstein stated the City Manager's recommendation equates to about $635,000. He discussed the surplus and employee increases. Discussion ensued regarding millage and budget. Mr. Chapman will provide a detailed analysis between the Manager's recommendation and departmental requests. Mayor Glickstein adjourned the Workshop Meeting at 9:38 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, September 10, 2013, which Minutes were formally approved and adopted by the City Commission on December 10, 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. 4 September 10, 2013 OCTOBER 15, 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 15, 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 Mayor Glickstein. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: 5. None. PRESENTATIONS: 5.A. Unity School Commemorates Peace Day (Addendum) Martina Cavard (8th grader at Unity School), speaking on behalf of Unity School, stated Unity School and Home Depot have partnered together in a special community project entitled "Sowing Seeds of Peace" and presented plants to the Commission. 5.B. Health Care District Update — Christopher Irizarry, FC Executive Director Christopher Irizarry, Palm Beach County Health Care District, Executive Director of the Federally Qualified Health Center (FQHC), stated on January 1, 2013 they assumed the control of four (4) health clinics that used to be under the purviews of the Health Department; one of those in Delray Beach (225 South Congress Avenue). He distributed handouts for the public. 10/15/13 Mr. Irizarry recognized Mrs. Gray for her fantastic leadership on the Board at the Health Care District. 5.C. International Festival & Events Association Presentation — Nancy Stewart Franczak Nancy Stewart- Franczak, President at Festival Management Group, Inc. gave a brief presentation and played a short video. 5.1). Recognizing and commending Delray Beach Police Department for being awarded with Law Enforcement Reaccreditation 2013 Mayor Glickstein introduced this item. Chief Strianese briefly discussed the re- accreditation and stated the Police Department was first accredited in 2004 and have been re- accredited every three (3) years since then successfully. Maria Marino - Bollan, Accreditation Manager/Police Department, thanked the City Commission for allowing the Police Department to be recognized by the City Commission as well as the Commission for Law Enforcement Accreditation. Mrs. Marino - Bollan gave a few brief comments and thanked everyone for their support. Chief Strianese acknowledged Captain Tina Heysler was promoted to rank of Assistant Chief /Support Services of the Delray Beach Police Department. At this point, Mayor Glickstein stated the volunteers in the Police Department worked a total of 42,000 hours which is the equivalent of 22 sworn officers working for our city. He stated the volunteers are doing a great job and it helps the city tremendously. 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 the taxi cab issue, the City Manager stated Palm Beach County adopted an ordinance which the City of Delray Beach is considering modeling and this will be on the City Commission Agenda in November. Secondly, with regard to Mr. Warner's prior comments regarding shrinking or modifying the CRA District, the City Manager stated it is a massive undertaking. The CRA is gathering data and it will be undertaken. 2 10/15/13 Lastly, the City Manager provided an update regarding Commissioner Petrolia's concern about the distance between the tables and the edge of the sidewalk in front of the BurgerFi restaurant. 6.B. From the Public. 6.B.1. Jim Knight, 10 S.E.0 Avenue, Delray Beach, FL 33444, provided a handout to the Commission regarding the improvements to the alleyway by the CRA and Osceola Park is very excited about the improvements. Mr. Knight stated the residents would like to see the alleyway go from the industrial business districts to the west coming out onto 2nd Avenue. He stated he and Ms. McDermott met with the Police Officers who worked on the CPTED report and they commented that it was originally designed to go to the east only and that it could go to the west only; however, they would prefer to have a line of site. Mr. Knight stated the idea came up of a rod iron fence so then the police could see right through to that alleyway over to 2nd Avenue. Mr. Knight stated there are some people with the association who are willing to pay for the rod iron fence. Mr. Knight stated he hopes everyone agrees that the alleyway would only go to the west and not to the east so that it does not dump right out into the residential neighborhood. 6.B.2. Karen Granger, President of the Delray Beach Chamber of Commerce, stated Festival Management Group is the Event Sponsor for the Delray Beach Chamber's 50th Delray Affair and the 1 year old Seafood Festival, Garlic Fest, and St. Patrick's Day brought home eight (8) international awards. Ms. Granger thanked the City of Delray Beach and its employees, volunteers from the community, and businesses in the community who support these events to get global recognition. 6.B.3. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, asked when Mrs. Petrolia's concern regarding the franchise fee will be placed on the agenda and why it is taking so long to do so. In addition, Mr. Blum stated he would like to know why Delray Beach is continuing to overcharge its citizens for trash cans to build up money in reserves for some other use. He commented about emails from Commissioners and citizens. 6.B.4. James Quillian, 925 S.E. 2"d Avenue, Delray Beach, FL 33483 (President of Osceola Park Neighborhood), stated there is an alleyway in Osceola Park that is going to be paved commercial and it is going to be emptying out into the residential neighborhood. Mr. Quillian stated no one in the last four months has explained why this needs to be done. He stated with his neighborhood and the city there is lack of communication. Mr. Quillian stated Osceola Park wants to solve problems with talking to the city. Mr. Jacquet encouraged Mr. Quillian to have dialogue with Diane Colonna or Jeff Costello. Mr. Jacquet stated the CRA had a meeting on Swinton Avenue at the Engineering Department where many businesses were there and they spoke about the alleys. 3 10/15/13 Mrs. Gray stated she spoke to many residents and noted the alleyway. She stated the "T" should not be going into the single family neighborhood but should turn back into the commercial area. 6.B.5. Mary Yuhas, 2044 Valencia Drive, Delray Beach, FL 33445, briefly urged the Commission to allow dogs on the beach as Boca Raton is going to do. 6.B.6. Jordana Jariura, 367 East Mallory Circle, Delray Beach, FL 33483, commended the Commission for putting the beach cabana contract out for bid last spring. She encouraged the Commission to follow good government and support staff's recommendation to re- advertise the beach cabana contract for public bid again. Secondly, Ms. Jarjura thanked the Commission for her recent appointment to the Planning and Zoning Board. 6.B.7. Stephanie Toothaker. 110 S.E. 6th Street. Fort Lauderdale. FL 33301. representing the Boucher Brothers, stated the Boucher Brothers have raised questions throughout the process about the bid process and urged the Commission to support staff's recommendation for good government and so that the City can open the process. 6.B.8. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked what happened with the Waste Management contract. Secondly, Ms. Moody stated she does not like comments expressed by Mr. Blum. Ms. Moody stated she does not feel the City should penalize Boucher Brothers for being the only bidder and urged the Commission to re- advertise the bid properly. 6.B.9. Ken Rob, 217 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park ), expressed concern over the alleyway and the safety issues of having the alley opening up into neighborhood when it can go to 2nd Avenue into the business district. 6.B.10. Michael Weiner. 10 S.E. 1St Avenue. Delrav Beach. FL 33444 (representing Oceanside Beach Services), briefly spoke about the bid process and stated Ocean Beach Services is the bidder who has been operating the beach without public complaints for years. Mr. Weiner stated it does not make sense to reject all bids and stated the bid process is all about fairness and equitability. 6.B.11. Cvnthia Freeburn. 371 East Mallory Square Delrav Beach. FL 33483. briefly spoke about the beach cabana contract. Ms. Freeburn stated she was in touch with a contractor that does that kind of business in the Miami -Dade County area and she suggested that the city check into a second website that some of the vendors that are located south of Delray use because she was informed that the website that Delray Beach uses is not the website that vendors in that area use if the city decides to re -bid the contract. Ms. Freeburn stated she has also been informed that some vendors do not think 4 10/15/13 it worth their time to bid on the beach contract because there is a perception that the Delray Beach area is the turf of a very influential person in this community and that the bid is going to go to their vendor. Ms. Freeburn made a reference to an article in the Sun - Sentinel that indicated by a person who uses the beach frequently that Oceanside Beach Services was planning to raise the rates for the citizens to make up for the increase money they would pay the city. Ms. Freeburn urged the Commission to put this out to bid again and as part of that RFP that the city find out what do they plan to pay the city and what do they plan to charge the citizens and visitors who will visit the beach. 6.B.12. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park), stated Mr. Quillian requested discarded trash containers from the City and thanked the City Manager because Osceola Park is much cleaner. Secondly, Ms. McDermott stated with regard to Phase II the alleys are in the process of being paved. She stated the CRA's T -alley is being addressed and suggested that the City Commission walk that area. 6.B.13. Burt Weiss, 135 S.E. 5th Avenue, Delray Beach, FL 33483, commented about the trash containers and stated he spent the last 48 hours picking up garbage around town. Mr. Weiss stated because people cannot take their drinks with them on the trolley they throw their trash on the ground before getting on the trolley at every trolley stop. He stated the cheapest solution is to pay someone to get rid of the garbage. 6.B.14. Peter Humanik, N.E. 5th Street, Delray Beach, FL 33483, stated at a prior Commission meeting he raised a concern about the total cost of ownership and when staff puts capital items on the agenda we do not address the operating costs. Mr. Humanik stated Item #3 is a one -time item there are no operating costs associated with it. He noted that the tax rate went down and he does not feel we should dip into reserves. Mr. Humanik asked if we have done anything to make progress towards making operating costs visible to the Commission and was it really the operating costs went up and capital went down. Also, at the last meeting there was discussion regarding raises for staff and asked if the senior management is still being rated on two items and the people below them get rated on five. With regard to the beach cabana contract, Mr. Humanik stated he does feel it is right to give people nine (9) days to respond. At this point, the time being 7:00 p.m., it was the consensus of the Commission to complete the public comments before moving to the public hearings portion of the Agenda. 6.B.15. 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), thanked the City Manager for his service. Dr. Kirson stated he will not be running for City Commission. He briefly spoke about the 10/15/13 beach cabana bid and in his opinion, stated this is a "win -win" situation for the City of Delray Beach. 6.11.16. Mike Novatka, Oceanside Beach Services, stated with regard to the prices in the new bid package they are in the proposal and although their prices are slightly higher, they are still cheaper than any place in Miami or south of Delray. 6.11.17. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked the Commission for everything they are doing for the city. She commented about the five (5) Interlocal Agreement items with the CRA on the Consent Agenda. Ms. Morrison requested the Commission pull these items from the Consent Agenda for discussion. At this point, the time being 7:08 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 37 -13 /CONTRACT FOR SALE AND PURCHASE: 102 S.E. 8 STREET: Consider approval of Resolution No. 37 -13, a contract for sale and purchase, authorizing the City to donate a Neighborhood Stabilization Program property located at 102 S.E. 8th Street to the Delray Beach Housing Group for the benefit and rental of unit to household at or below 50% AMI. office.) The Resolution No. 37 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 37 -13 is on file in the City Clerk's At this point, Commissioner Jacquet left the dais. Lula Butler, Director of Community Improvement, stated staff requests to donate a Neighborhood Stabilization Property (NSP) addressed at 102 SE 8th Street to the Delray Housing Group non — profit organization associated with the Delray Beach Housing Authority. Mrs. Butler stated for the benefit of rental to a household at or below 50% of the Area Median Income (AMI). She stated the NSP funding is for the purpose 6 10/15/13 of purchasing homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. Mrs. Butler stated this will be the 6th property that is being donated to the Delray Beach Housing Group and they are required to rent it at the affordable rate for the next 20 years. Mrs. Gray inquired if these properties can be used toward homeownership versus rental. Mrs. Butler stated this is the 6t house for rental and the City has sold 22 homes for homeownership. Mayor Glickstein declared the public hearing open. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, asked if this puts the property back on the tax rolls as a taxable entity. Mrs. Butler confirmed that there is no tax base increase by giving this home to the Delray Beach Housing Authority. There being no one else who wished to address the Commission regarding Resolution No. 37 -13, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 37 -13, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Jacquet returned to the dais. 10.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. 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. 7 10/15/13 (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 this ordinance provides that upon leaving office an elected official would not be able to be appointed to any boards in the City for a one (1) year period from their last day in 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. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated she volunteered to serve on the City Commission for twelve (12) weeks and per this ordinance she will be blackballed for one (1) year and strongly opposes the ordinance. Mr. Frankel strongly disagrees with this ordinance. Mr. Jacquet stated he disagrees with comments expressed by Mr. Frankel. Mr. Jacquet stated this is a very appropriate and needed measure. In addition, Mr. Jacquet stated this is a pro- active measure that is warranted. Mrs. Petrolia concurred with comments expressed by Mr. Jacquet. Mrs. Gray briefly discussed institutional knowledge and stated having someone on a board with history is a plus and does not support the ordinance. Mr. Jacquet moved to adopt Ordinance No. 26 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — No; Mrs. Gray — No; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 3 to 2 vote, Mr. Frankel and Mrs. Gray dissenting. At this point, the time being 7:17 p.m., the Commission moved to Item 7, Agenda Approval. 7. AGENDA APPROVAL. Mayor Glickstein requested that Items 8.C., Interlocal Funding A2reement/Economic Development Between the City and the Community Redevelopment Agency (CRA), 8.D., Interlocal Agreement /Community Redevelopment Agency (CRA): Downtown Roundabout Trolley Service, Item 8.E., Interlocal Agreement /Community Redevelopment Agency (CRA) Neighborhood Planner Position, Item 8.F., Interlocal Agreement /Community Redevelopment Agency (CRA): In -House Proiect Manager Services Position, Item 8.G., Interlocal 8 10/15/13 Agreement /Community Redevelopment Agency (CRA): Housing Rehabilitation Inspector Position, through Item 8.H., Financial Advisory Services/Public Financial Management (PFM), Inc., be removed from the Consent Agenda so that staff can bring back to the Commission with more information. Also, Mayor Glickstein requested that Item 8.K.2., Purchase Award to Dumont Company, Inc. and Item 9.F., Bids Award/United States Service Industries be removed from the Agenda. Mr. Frankel moved to approve the Agenda as amended, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. LANDSCAPE MAINTENANCE AGREEMENT /901 SOUTH OCEAN BOULEVARD: Approve a Landscape Maintenance Agreement with Delray 901 South Ocean, LLC., for landscape installation within the right -of -way at 901 South Ocean Boulevard. 8.11. INTERLOCAL AGREEMENT/PALM BEACH COUNTY /OPEN CUTS: Approve an Interlocal Agreement between the City and Palm Beach County regarding open cuts under County thoroughfares. 8.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.G. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.11. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.I. PROCLAMATIONS: 1. 500th Anniversary of the European Discovery of Florida - 2013 2. Florida City Government Month — October 2013 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 30, 2013 through October 11, 2013. 8.K AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Devland Site Development, Inc. in an annual amount not to exceed $190,000.00 for sludge removal and disposal 9 10/15/13 2. "as needed" for FY 2014. Funding is available from 441- 5122 -536- 34.90 (Water and Sewer Fund: Other Contractual Services). THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 3. Contract award to Line -Tec, Inc. in the amount of $113,054.50 for installing water meters and connecting customers on the Barrier Island to the Reclaimed Water System. Funding is available from 441 - 5161 -536 -49.23 (Water and Sewer Fund: Other Current Charges /OB/Reclaim Water Distribution System). 4. Purchase award to Chemical Lime Company of Alabama, Inc. (Lhoist North America) at an estimated annual cost of $805,400.00 for the purchase and delivery of bulk quicklime. Funding is available from 441 - 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Supplies). 5. Bid award to Mancil's Tractor Service, Inc., in the amount of $569,206.61 for construction of the N.E. 1st Avenue Improvements Project. Funding is available from 334 - 3162 -541 -68.84 (General Construction Fund: Other Improvement/N.E. 1st Avenue Improvements) and 448 - 5461 -538 -68.84 (Storm Water Utility Fund: Other Improvement/N.E. 1st Avenue Improvements). 6. Contract award to Zoll Medical Corporation in the amount of $21,309.00 to renew the extended warranty and semi- annual preventive maintenance contract and provide guaranteed repair coverage for eighteen (18) 12 Lead EKG Monitor/Defibrillators. Funding is available from 001 - 2315 -526 -46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:21 p.m., the Commission moved to Item 9.A. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST /37 S.W. 5TH AVENUE: Consider a request to waive Land Development Regulations (LDR) Section 4.6.18(13)(e)(iii), "Prohibitions ", which prohibits chain link fences in the CBD (Central Business District) and allow a 6' high black vinyl coated chain link fence at 37 S.W. 5m Avenue. (Quasi- Judicial Hearing) 10 10/15/13 Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for Items 9.A., 9.11., 9.C., and 9.1). Chevelle D. Nubin, MMC, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -219 into the record. Mr. Dorling stated this is a waiver to LDR Section 4.6.18(B)(14�(e)(iii) to allow the installation of a chain link fence at the property located at 37 S.W. 5t Avenue. He stated there is a picket fence along the front and north part of the property line. Mr. Dorling stated the applicant would like to install a chain link fence along the east and south property line. Mr. Dorling stated the LDRs do not allow a chain link fence for property located at 37 S.W. 5m Avenue and thus the reason for the waiver. Mr. Dorling stated the required findings are provided in the staff report. At its meeting of October 9, 2013, the West Atlantic Avenue Redevelopment Coalition (WARC) reviewed the subject request and is in support of the request. Staff recommends approval of the waiver subject to conditions #1 -3 on page two of the City Commission staff report. James Thomas, applicant, thanked WARC for trying to help provide safety for the owner of the convenience store due to a recent burglary on Sunday morning, the loitering activity and the trash being dumped behind the building. There being no one else from the public who wished to address the Commission regarding the waiver, the public hearing was closed. Mr. Jacquet asked Mr. Thomas if he has talked to the Police Department. Mr. Thomas stated he did speak to the Police Department. Mrs. Gray supports the waiver. Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.11. WAIVER REQUESTS /SPODAK DENTAL OFFICE: Consider waiver requests to the Land Development Regulations (LDR) Sections 4.6.7(E)(7), "Design Standards Matrix" and Section 4.6.7(J)(3), "Roof Signs ", to allow two (2) flat wall signs to be placed on elevations that do not face a dedicated street frontage and to allow all 11 10/15/13 three (3) flat wall signs to be placed above the roof line for Spodak Dental Group located at 3911 West Atlantic Avenue. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to Dr. Spodak. Mrs. Gray stated she had no ex parte communications. Mayor Glickstein stated he spoke to Dr. Spodak Mr. Jacquet stated he had no ex parte communications. Lula Butler, Director of Community Improvement, stated this is a waiver request to LDR Section 4.6.7(E)(7) and Section 4.6.7Q)(3) to allow two (2) flat wall signs to be placed on elevations that do not face a dedicated street frontage and to allow all three (3) flat wall signs to be placed above the roof line for Spodak Dental Group located at 3911 W. Atlantic Avenue. Mrs. Butler stated Spodak Dental building is a single story 12,980 square foot medical building. The building was designed and planned to be a "Gold Level LEEDS Certified" building, the only facility of this kind in Southeast Florida. The owner provides detailed information on the design goal and elements incorporated in the building design that provides for savings on energy, water and the creation of an environmentally - friendly facility in his letter of hardship. One of the architectural features created is cast -in -place walls that extend six (6) feet above the roof line, which is where the signs are proposed to be erected. The inclusion of the bio Swale and lush landscaping on the front (south) elevation was necessary to qualify for the LEEDS Certification; thus, a monument sign would be ineffective and not practical based on the maximum height allowed under the sign code. In addition, the architectural walls were clearly shown as being integral to the building design and signs were clearly shown on any and all plans submitted to the City for approval on the three (3) locations. Mrs. Butler stated the building is 166 feet wide and over 540 feet long which visually make the frontage appear smaller than what it is. The speed of the traffic on this six lane road justifies the need for signs being erected on the east and west elevations. The sign proposed on the south (front) elevation is allowed under the code, except it is above the roof line. Lowering the sign is not a good option since it will conflict with the 22 foot trees required to obtain the Gold Level LEEDS Certification. At its meeting of September 25, 2013, the Site Plan Review and Appearance Board (SPRAB) voted 4 -0 (2 members had to step down from the dais because of the owner - client relationship) to support of the waivers for erecting the three (3) signs and to allow them to be placed on the cast -in -place architectural wall that is above the roof line. Staff recommends approval of the waiver requests. Dr. Craig Spodak, DMD, Spodak Dental Group, 904 N.W. 2nd Avenue, Delray Beach, briefly explained the flat wall signs and displayed the renderings of the building. Dr. Spodak stated the only objection was by Alice Finst who expressed concern over the brightness of the sign. 12 10/15/13 Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444 (speaking as a business owner), stated this is a good building and he urges the Commission to support. Terra Spero, 61 S.E. 4th Avenue, Delray Beach, FL 33444, stated she did have to step down from SPRAB, encouraged the Commission to support the flat wall signs and wished Dr. Spodak well with making this happen for the city. Peter Humanik, N.E. 5th Street, Delray Beach, FL 33483, stated he is not against the sign or the building but expressed concern over the process. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated the positive benefits that this project has brought to this city versus the negative effects, the benefits far outweigh it. Mr. Blum stated the process is not delineated perfectly; however, he urged the Commission to approve this project to show that the City does acknowledge someone going beyond what they should be doing with regard to building a building. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross - examination. Mrs. Butler addressed the five (5) distinguishing characteristics of the building. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to adopt the Board Order as presented approving the waiver requests, 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. 9.C. WAIVER REQUEST/WINE AND SEAFOOD FESTIVAL: Consider approval of a waiver to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), "Special Event Non Roadway Banner Signing ", to allow banners to exceed 20 square feet of similar size that have been allowed in the past on November 9 -10, 2013 within the site of the Delray Beach Wine and Seafood Festival. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. 13 10/15/13 Robert A. Barcinski, Assistant City Manager, stated Commission is being requested to consider approval of a waiver to the LDR Section which would allow banners to be hung in the event perimeter for the Wine and Seafood Festival on November 9 -10, 2013 that exceed the 20 square foot limit. Mr. Barcinski stated this is a request from Nancy Stewart- Franczak and noted that the City has granted these waivers in the past so this would not set a precedent. Staff recommends approval. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order approving the waiver request, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet - Yes. Said motion passed with a 5 to 0 vote. 9.D. CONDITIONAL USE REQUESTS/UPTOWN DELRAY: Consider approval of conditional use requests to allow an increase in density in excess of 30 residential units per acre (69.52 units per acre proposed), for Uptown Delray, a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 146 residential apartment units and 3,529 square feet of commercial space in a 5 -story building located on the north side of S.E. 2nd Street between S.E. 4th Avenue and S.E. 5th Avenue. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke with the applicant, the attorney for the applicant, and Mr. Jim Knight. Mrs. Gray stated she too spoke with the applicant, the attorney for the applicant, and Mr. Jim Knight. Mayor Glickstein stated he had no ex parte communications. Mrs. Petrolia stated quite some time ago she spoke with the applicant and the applicant's attorney but she has not spoken to anyone recently. Mr. Jacquet stated he spoke to Mr. Jim Knight. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -030 into the record. Mr. Dorling stated this is a conditional use request to allow a density increase above 30 dwelling units per acre (69.52 du /ac proposed) for Uptown Delray, a proposed mixed use development between SE 5th Avenue (Federal Highway) and SE 4th Avenue, north of SE 2nd Street. The project contains a parking lot that was constructed for the Bellsouth Telecommunication building at the northwest corner of SE 4th Avenue and SE 2nd Street. There are also two vacant lots located north of the office building. Mr. Dorling stated the applicant has substantially modified the development proposal. 14 10/15/13 The City Commission considered the conditional uses (both height and density) at its meeting of June 4, 2013 and this was postponed at the request of the applicant so that the development proposal could address the issues expressed by the Commission at that time as well as those identified in the staff report. Mr. Dorling stated staff recommends approval and believes the density should be supported based upon conditions #1 -5 on page 2 of the City Commission documentation. Mayor Glickstein asked why this did not go back to the Planning and Zoning Board. Mr. Dorling stated there was significant discussion at the City Commission meeting and it was agreed upon at that time that it would come before the Commission for this meeting. Therefore, Mr. Dorling stated based upon that direction staff did not take it back to the Planning and Zoning Board. Mayor Glickstein asked if there is a process by which a bright -line test that if something is modified that it would go back to Planning and Zoning. Mr. Dorling stated there is not a clear test. Mayor Glickstein stated he would feel better if it had been approved by Planning and Zoning Board before not going back and the Board has taken it upon themselves to modify it. Mr. Dorling stated their desire to change it was prompted by staff's recommendation of denial. The Planning and Zoning Board recommended approval of the density unanimously and was a 4 to 2 vote on the height. Mayor Glickstein stated that if it was approved previously he is ready for it to move forward. However, Mayor Glickstein stated in the future then that standard needs to be developed. Robert Mathias, 100 E. Linton Boulevard, Delray Beach, FL (Developer), stated he is here with David Biggs, briefly discussed their project. Michael Weiner, Weiner & Aronson, P.A., LLC, 10 S.E. 1s' Avenue, Delray Beach, FL 33444, representing the applicant, briefly explained the performance standards. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park), stated Osceola Park supports the development. James Quillian, 925 S.E. 2"d Avenue, Delray Beach, FL 33483 (President of Osceola Park Neighborhood), concurred with comments expressed by Ms. McDermott and urged the Commission to approve the conditional use request. Steve Snyder, 115 S.E. 4th Avenue, Delray Beach, FL 33483, stated they are the most impacted because their property abuts the project. Mr. Snyder complimented the developer on the first design and stated it was compatible to the neighborhood. Mr. Snyder stated this is a massive box and is an entirely different project from the earlier 15 10/15/13 design. He stated the members of Planning and Zoning Board should have an opportunity to give their input on this and feels this could set a bad precedent. Mr. Snyder stated if the Commission does not agree, then he requests that the developer make the northwest corner more compatible by reducing the height and maintaining landscaping and the proposed setback as a condition of approval. Kevin Rouse, 166 S.E. 2"d Avenue, Delray Beach, FL 33444, supports this project; however, with regard to the design he suggested that in the future that the building be looked at from more of an artistic representation in the city because Delray Beach is becoming more contemporary. Bob Proctor, owns two (2) pieces of property on 2 "d Street, Delray Beach, FL (directly across the street from the proiect), stated he feels this is a good project and supports it. Todd Dopilatano (sp ?), 811 S.E. Yd Avenue, Delray Beach, FL 33483, supports the project and looks forward to the connection from Osceola Park to Atlantic Avenue. Kevin Homer. 319 S.E. 3rd Avenue. Delrav Beach. FL 33483, stated safety is so important for this dilapidated area between Osceola Park and Atlantic Avenue. Mr. Homer stated this project is going to generate more tax revenue and business revenue because it is going to generate more people. Mr. Homer urged the Commission to support this project. Jim Smith. 1225 South Ocean Blvd.. #202. Delrav Beach. FL 33483 (Chair of S.A.F.E.), stated S.A.F.E. supports Uptown's conditional use density request based on the 16 commitments made by the applicant. Mr. Smith stated Uptown Delray if approved will become the first project in the history of Delray where owning a car will not be required. Mr. Smith stated Uptown will attract young professionals and members of the creative class who will bring vitality and increased economic activity to Delray. He urged the Commission to approve this project. Charles Bonfield. President of S.A.F.E.. 220 MacFarlane Drive #S- 1203, Delray Beach, FL 33483, stated this is a local company and agrees that the Osceola Park area needs to be developed. In addition, Mr. Bonfield stated this project will provide one - bedroom efficiencies that will provide living space for these people. Mr. Bonfield stated with this project only being two blocks from Atlantic Avenue it will provide more walking and biking and less requirements for parking spaces for people visiting other businesses on Atlantic Avenue and he urged the Commission to approve this project. Peter Humanik, N.E. 5th Street, Delray Beach, FL 33483, stated this should go back to the Planning and Zoning Board. 16 10/15/13 Ken Rob, 217 S.E. 3rd Avenue, Delray Beach, FL 33483 (lived here for 12 years Osceola Park), stated this is a very nice project and it would be great for the community. Bob Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, stated the Commission is here to decide whether or not to accept 69.52 residential dwelling units per acre as the density. Mr. Ganger stated there are going to be more cars with this project and other projects and he feels there is potential for gridlock. Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL 33444 (represents Joe White who owns the property immediately to the south on Federal Highway who supports this development), stated this is not just about density but it is also about intensity and is a combination of unit count as well as additional product development that is put there (i.e. other uses such additional office, commercial, and restaurants). Mr. Knight stated this is really about the totality of the project. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross - examination. Michael Weiner gave a brief rebuttal. Mr. Frankel stated this is a local developer, a proven local history, and the neighborhood support. He stated the applicant meets the Board Order and feels they have done a great job throughout the community. Mrs. Gray commented about the commercial space on Federal Highway and stated there is residential living in that building on Federal Highway and how do they separate from residential and commercial. The applicant briefly explained the project design. Mrs. Gray inquired about the amenities. Mrs. Gray stated she loves the diversity of the units and supports the project. Mrs. Petrolia confirmed that the applicant is going to give the 66 parking spaces to AT &T without having to eliminate. The applicant stated there will be no parking waivers. Mrs. Petrolia stated there was the question about stepping back originally with regards to vegetation and plant life. The applicant stated this was taken care of and they have met all the requirements with regard to the calculations. Mrs. Petrolia inquired about the bus shelter. The applicant noted that the bus shelter is a donation. Mrs. Petrolia stated when something changes to this level she would like to see it go through the process and go before the Planning and Zoning Board. She expressed concern that this plan has been substantially modified and asked if the design can be like it was. The applicant briefly explained why they cannot go back to the first design. The 17 10/15/13 applicant stated this project functions and lives better for the residents; the original design architecturally was more dramatic. The applicant reiterated stated it is a better livable building for the residents because once you are a parking structure you are in theory two - stories and once you are in the elevator core you are in a safe environment where before you had to walk through a parking structure and there were six levels of parking. Overall, the applicant stated this plan is similar in concept; the livability and the components of where the buildings are pretty consistent with where they were before. Mrs. Petrolia stated back in April/May she expressed concern over the parking down below that was possibly going to be open to the public if not AT &T. The applicant stated they can explore that idea. Mr. Jacquet stated the applicant originally asked for density and height but now has done some changes. Mr. Jacquet echoed the concerns expressed by Commissioner Petrolia about the process and the Planning and Zoning Board's role in this. However, the Commission had consensus here before they decided to hear it that they want to go forward and hear it instead of remanding it back to the Planning and Zoning Board. Mr. Jacquet stated he would like the process clarified for the future so that if a project gets denied by the Planning and Zoning Board how does the applicant come before the Commission (i.e. should the applicant come before the Commission with the same thing or if they change it should they go back and should the change be substantial in order for it to go back to Planning and Zoning). Mr. Jacquet stated this project looks nice and thanked the applicant for addressing the concerns of Mr. Snyder and for meeting with the neighbors to find a solution that works. Mr. Jacquet stated the applicant has met LDR Section 2.4.5(E) and the requirements. Mayor Glickstein commented about the corner adjacent to Mr. Snyder's property and stated it appears that the applicant can make some adjustments in that corner. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order approving the conditional use request subject to the conditions attached in Exhibit "A ", seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.E. REJECTION OF ALL BIDSBEACH CABANA EQUIPMENT RENTAL CONCESSION: Approve a request to reject all bids and re- advertise Bid #2013 -48 for the Beach Equipment Concession for the Publicly Owned Beach. The City Manager stated staff recommends rejection of all bids and re- advertise Bid #2013 -48 for the Beach Equipment Concession. 18 10/15/13 Mr. Jacquet stated he voted to put this out to bid because of the usurpation of the Commission's authority. He stated there was a concern that contracts were being approved without coming to the City Commission but instead it was being checked by someone else. Mr. Jacquet stated the decision was whether to extend that contract as is or terminate that contract and put it out to bid and the Commission decided to send it out to bid. Mr. Jacquet stated when this was brought up it was usurpation of the Commission's power and he feels this has been addressed and the other issue was the amount of money the City could be getting for the beach which is being addressed as well. Mr. Jacquet stated now there is another issue that the City put out an RFP and did not get back as many people as we wanted and should send it back out to get more people. Mr. Jacquet stated either the City needs to accept the response for $1.5 or put it out to bid. Mr. Jacquet stated he is okay with the response because the vendor is the current vendor and the City has received no complaints about the vendor, the City is receiving substantially more money, and he stated the current Commission is making the decision whether or not to accept the response the City has. Mrs. Petrolia stated the choice before the Commission is whether to go with the City Manager's recommendation which is to throw out this bid not whether or not the Commission is going to go with this bid because the Commission has not decided to exercise the 30 -day out. She stated the process has not been done properly. Mrs. Petrolia stated 11 of the 15 notices the City sent out were to active companies, inactive companies, or those who have nothing to do with the beach service industry. Mrs. Petrolia suggested that the City send out notices to the top 5 or 10 companies currently serving other beaches. Mrs. Petrolia stated she supports the City Manager's recommendation to go out to bid. Mrs. Gray asked what is the process the City uses to inform vendors about the RFP. The City Manager stated the City uses an on -line service and also publishes in the Palm Beach Post and supplement that with letters to vendors. Mrs. Gray stated she did not want to send this out to bid because she felt the City could have waited the 18 months until this contract was due and then send it out for bid. She stated this company has been doing a great job and the City has had no complaints. Mrs. Gray stated since the Commission decided that there has been money left on the table and the Commission wanted to send it out to bid that is what they did. Mrs. Gray commented about the 30 -day out clause and because the City did not receive more vendors is not an excuse to not send it back out for bid. Mrs. Gray stated the Commission needs to move forward with it otherwise she feels this sends a message to the business community that Delray Beach is not open for business. Mrs. Gray stated this Commission and former leaders and Commissioners have done a great job. Mrs. Gray stated she supports sending this out for an RFP and does not support the City Manager's recommendation. Mr. Frankel stated his initial position was to let the contract run out for the remaining months and he did not agree with the 30 -day out clause because there were no complaints and the vendor has done a good job. Mr. Frankel stated it appears that there is one group that is complaining that was a bidder in 2009 and he noted it does not appear that there were any changes. Mr. Frankel stated he also does not believe that the group 19 10/15/13 did not know what was going on. Mr. Frankel stated there is nothing stated during this process that if the City only received one bid that they would put it out. Mr. Frankel stated he feels this was publicly noticed and sees no errors by staff Mr. Frankel noted that one of the other potential bidders submitted a public records request and received a copy of the current bid that was received. Mr. Frankel stated going out a second time that would invalidate the integrity of the process. He stated the Commission had expressed that they wanted more money to see how much the beach was worth. Mr. Frankel stated he supports accepting the bid that was received. Mayor Glickstein stated the entire bidding process has embarrassed the city. In his opinion, Mayor Glickstein stated the amount of time wasted by everyone and the manner in which the RFP was issued from the time the Commission asked that this be done has been one mis -step after another. Mayor Glickstein stated a 30 -day cancellation clause for any kind of contract that requires capital investment is inconceivable. Mayor Glickstein stated the City policy was to "cast a wide net" and since that was not done he suggested that the City start over and re -bid the contract. Mrs. Petrolia reiterated that the City has not changed anything on the beach; they have not exercised an out, not asked for any differences of the services, and there is nothing that is affected at the beach until the Commission makes the decision to do that. Mrs. Petrolia stated she does not believe the Commission has the tools to make the decision to do that. She stated the Commission may choose after getting another RFP with bids to do nothing and not exercise that out. Mrs. Petrolia stated the whole process was to find out what our beaches are worth and did not accomplish that goal. Mrs. Petrolia stated this is a choice as to whether or not the City is going to go back out to bid because of the inconsistencies. She stated the City only received one bid and the City can make some minor changes. Mrs. Gray stated the City did what they were supposed to do and she does not see how it is good business to go back and reject everything after the Commission went through a process that they asked for. Mrs. Gray feels the business people should not have to suffer. In his opinion, Mr. Jacquet stated perception in the public to not go out to bid again because the concern is going to be that Delray Beach does not stand by their process. Mr. Jacquet stated the 30 -day clause is unique and gives the City a leverage position to protect our beach and at worst he would agree to 60 or 90 days but does not want to get rid of the "out" clause. Mr. Jacquet stated he wants this to be done so that we know we are getting more money for our beach, the Commission is in control, and Delray Beach is open for business. Mr. Frankel moved to not reject the only bid received to the City of Delray Beach, 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 Commissioner Petrolia dissenting. 20 10/15/13 9.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.G. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 15, 2015 to the Green Implementation Advancement Board. Based on the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet moved to appoint Stephanie Bedenbaugh as a regular member on the Green Implementation Advancement Board to serve a two (2) year term ending July 15, 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. At this point, the time being 10:06 p.m., the Commission moved to First Readings. 11. 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 November 5, 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 ordinance is to allow the Mayor to nominate someone else to fill his position on the Police and Fire Pension Board. The City Attorney stated he spoke with Pat Gleason with the Attorney General's office and explained his concern to her about having two members who are on one Board attend a SHADE meeting that is not open to the public where matters relating to the administration of the Police and Fire Pension Plan may come up in front of that board and that could be a problem and she likewise concurred. Therefore, the City Attorney recommends that the City Commission approve the ordinance. 21 10/15/13 Mr. Frankel stated previously he was against this ordinance; however, he appreciates the additional information the City Attorney received and respects the opinion. Mrs. Gray stated her concern was just to make sure that the Commission had someone that would be consistent which would be a staff member. The City Attorney expressed concern over limiting this to a City staff member and noted that sometimes the Finance Director attends a SHADE meeting and there would be the same issue. The City Attorney stated the Mayor can select someone from City staff if he so desires; however, the City Attorney recommended that this not be limited to just City staff. Mr. Jacquet asked if this is with approval of the Commission. The City Attorney stated the Mayor makes the nomination and the Commission approves. Mr. Frankel moved to approve Ordinance No. 24 -13 on FIRST Reading, 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. 1LB. 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. If passed, a public hearing will be held on November 5, 2013. The caption of Ordinance No. 27 -13 is as follows: 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. 22 10/15/13 (The official copy of Ordinance No. 27 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Brief discussion between Commissioner Jacquet and the City Attorney followed. Mr. Jacquet moved to approve Ordinance No. 27 -13 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated all the performance appraisals are now brought up -to -date and briefly explained the process. Secondly, the City Manager stated staff received the draft report from the Department of Social Services regarding sober houses. 12.B. City Attorney The City Attorney stated Terrill Pyburn, Assistant City Attorney, will receive the Home Rule Hero Award from the Florida League of Cities specifically for all the work she has done on the sober house legislation. He stated this award will be presented to Ms. Pyburn on October 23, 2013 at the Palm Beach County Legislative Roundtable. 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 reminded everyone about the Mayor's Town Hall Meeting on Thursday, October 17, 2013 at 7:00 p.m. at Atlantic Community High School regarding education. Secondly, Mrs. Gray stated WARC is having a meeting for the public tomorrow evening regarding the three proposals the City received back from the CRA. 23 10/15/13 Lastly, Mrs. Gray stated she wants the public to know that the City does have good staff. 12.C.3. Mrs. Petrolia Mrs. Petrolia inquired about redoing the procurement process. Secondly, Mrs. Petrolia asked for a status update regarding the paragliding. Mrs. Petrolia asked if there is any preparation that the City Commission needs to be doing for the Town Hall Meeting. Mayor Glickstein stated there is reserved seating in the front row for elected officials. Mrs. Petrolia asked how the City will be observing Veterans Day. Bob Barcinski, Assistant City Manager, stated some of the Veteran groups hold a ceremony at Veterans Park as well as the Delray Beach cemetery. Mrs. Petrolia suggested that the City do something to acknowledge and honor Veterans Day. Lastly, Mrs. Petrolia commented about women on boards. 12.C.4. Mr. Jacquet Mr. Jacquet asked if the Commission will have the opportunity to address the public and will the public be able to ask questions of the Commission. Mayor Glickstein stated the meeting is over at 9:00 p.m. but the Principals and elected officials are asked to remain until 9:30 p.m. to answer questions. In addition, Mayor Glickstein stated there will be Creole and Spanish speakers so that they can ask and answer questions accordingly. 12.C.5. Mayor Glickstein Mayor Glickstein commented about there not being any criteria when something should go back to Planning and Zoning and stated there should be a policy in place for this. Secondly, Mayor Glickstein stated he has been inundated recently with emails regarding the dog beach issue and feels that Delray may want to consider looking at what Boca Raton is doing. He stated the beach is currently being used unofficially as a dog beach and suggested that Delray Beach have some procedures in place that people can follow. Lastly, Mayor Glickstein stated about one month ago he received notification that the DDA's boundary is incorrect and they have not properly notified the Property Appraiser's Office. Mayor Glickstein stated he has not received a response and he would like the DDA to have a meeting to let the Commission and the public know what is going on. 24 10/15/13 There being no further business, Mayor Glickstein declared the meeting adjourned at 10:29 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 October 15, 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. 25 10/15/13 a K� e City Commission Meeting on October 15, 2013; Item 9.A. G u . G P 9 City Commission Meeting on October 15, 2013; Item 9.A. .. �j M e &i. . , %a if . .. f 6 71 MUM WA 7 �" - - — —.. 74 m4o-44li City Commission Meeting on October 15, 2013; Item 9.13. -- —. 77 77 U 777, 1 JIM MTT.777771771�771, 7177771-07 Mg+�.0 0 ' 7-- : �I• v,a W ■ h u ■ El City Commission Meeting on October 15, 2013; Item 9.13. W. emu^ �m �. �.`��} tx�.l �P��iu.'t,Yw � _��.��<�n� b�� ..� �...��:�� .�..��..�. � <4�� ::1ti� .�aA �� N + yx �• , I I T fl. M1M1 N City Commission Meeting on October 15, 2013; Item 9.C. � I 1w-7 I% ro 1, ..�.-y '� �NP __..,•y, i��yV SJ �K � 5� °N"��j�'3 °��j�xi1 MAU �t E-1 R�� - 15 07' N % NMI — �I'.Z` �. ,; $ -.� "'s4 4 � �a "�s City Commission Meeting on October 15, 2013; Item 9.D. NOVEMBER 5, 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, November 5, 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 Rabbi Ron Arflin with Abbey Delray South. 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 September 3, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia moved to approve the Minutes of the Regular Meeting of September 17, 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. Gray moved to approve the Minutes of the Regular Meeting of October 1, 2013, 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. 11/05/13 Mrs. Petrolia moved to approve the Minutes of the Workshop Meeting of October 8, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: 5.A. S.P.LRLT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Lieutenant Rachel Saunders, Delray Beach Police Department, recognized Officer Steve Swanson for his act of kindness in providing a bed to a family with a financial hardship. 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 Veterans Day, the City Manager stated the City has never produced a Veterans Day event; however, the City has participated with a number of other organizations. He stated this year the VFW will be conducting an observance of Veterans Day on November 9, 2013 from 10:00 a.m. — 12:00 noon at Veterans Park. In addition, the City Manager stated the City has traditionally worked with the American Legion at a service at the cemetery and the Boy Scouts will be placing flags at the gravesites of the veterans. Secondly, in response to concerns expressed by Mr. Knight, Mr. Quillian, and Mr. Rob about the alleyway in Osceola Park, the City Manager stated the CRA and City Engineer are continuing to work with the neighborhood in responding to the residents' concerns about the alley and its improvements in this direction. With regard to Mr. Blum's concern about franchise and garbage container fees, the City Manager stated this is scheduled for next week's City Commission Workshop meeting. In response to Commissioner Petrolia's concern about paragliding, the City Manager stated the City has had a continuing problem with it. The City Manager stated staff has worked a couple of Saturdays and Sundays and erected new signage. Staff has seen some abatement of the paragliding issue and will continue to monitor it. The City Manager stated Mayor Glickstein had expressed concern about whether there are any criteria or a policy in place for something going back to the Planning and Zoning Board. The City Manager stated the future policy will be that the 2 11/05/13 need for additional validity consideration will be made at the discretion of the Planning and Zoning Director. Lastly, the City Manager stated the boundary question continues to call for reference and has been sent to the DDA Director for resolution. The City Manager stated staff is not certain what the resolution is going to be although staff is certain that they are not going to be able to back charge on that issue so once the DDA corrects their boundaries it will be from that point forward. 6.B. From the Public. 6.B.1. Alan Slosbem 200 MacFarlane Drive Apt #502 -N, Delray Beach, FL 33483 and Nancy Barbalaco, 501 N.E. 2"d Street, Delray Beach, stated they share mutual experiences growing up in totally different parts of the world (Nancy from Italy and Alan from Brooklyn, New York) and stated they both grew up with jetty's, breakwaters, etc. Mr. Slosberg stated it was a great experience because Coney Island never had to refurbish its beach. Mr. Slosberg distributed photos to the Commission and thanked Mrs. Petrolia for her response. He stated every few years the City spends millions of dollars to refurbish the beaches which continue to be decimated by Mother Nature. Mr. Slosberg stated with the reality of global warming, harsh weather changes, and expectation that sea levels will continue to rise, it is anticipated that things will get even worse for the coastal communities and beaches. He stated recently in Boca and Fort Lauderdale sections of roadway on A -1 -A had to be replaced because of beach erosion. He stated some surges and waves from Hurricane Sandy were as high as 20 feet. Mr. Slosberg urged the Commission to move toward preventive and protective action to save our beaches. Mr. Jacquet stated the City needs to have some creative engineering that we can do to help save money and protect our beach. Furthermore, Mr. Jacquet suggested that we reach out to other cities not only in Florida but even worldwide to get an idea of what is being done and to see if there is anything we can do. 6.B.2. Charles Deacon, Libertarian Party of Palm Beach County, stated he cannot buy beer or wine at the local Publix in Delray Beach on Sunday mornings. He stated people are crossing city limits buying alcohol on Sunday mornings because they cannot buy it here in Delray (prior to noon). 6.B.3. Mitzi Kaitz, 110 N.E. 6th Street, Delray Beach, FL 33444, suggested eliminating the invocations from future Commission meetings. 6.B.4. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, read a brief statement into the record and applauded the City Manager's efforts for the newly designed water bill and for dismissing the Finance Director. 6.B.5. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, commented about the funds that have been eliminated from the C.E.R.T. Program and stated the City 3 11/05/13 needs to look at eliminating emergency services. Mrs. Finst suggested the following ways to raise revenue for the Delray Beach budget: increase the hours of parking meters along the beach from 8:00 p.m. until 12:00 a.m. or later only on the beach east of A -1 -A on the east side by the ocean. 6.B.6. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483, briefly spoke about the conduct and civility of the public while making public comments to the Commission. Mr. Smith urged everyone to address their comments to the Commission as a body and not to individuals as stated on the cover page of the agenda. 6.B.7. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445, spoke on behalf of S.A.F.E., introduced Mr. Trey Kauffman who thanked the City for the changes that have been made with regard to the trees and the sidewalk cafes. 6.B.8. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33445, disagrees with comments expressed by Mr. Blum and briefly spoke about the recent changes throughout the city. Ms. Moody stated she cleans up the city and asked that the Commission acknowledge this. 6.B.9. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444, stated he had a meeting today with Jeff Costello from the CRA, and Randal Krej carek regarding the alleyway for 2nd Avenue. Mr. Knight stated he participated in "Delray Reads" last year and is excited to participate again this year. 6.B.10. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked the Commission for everything they do for the city. Ms. Morrison stated she objects to Items 8.M, 8.N., and 8.0. of the Consent Agenda and urged the Commission to deny these items. 6.B.11. Robert DeSisto, Port St. Lucie, FL (worked for the City of Delray Beach for 29 years), stated he was in the Vietnam War and suffers from Post - Traumatic Stress Disorder (PTSD) and briefly spoke about his case with the City of Delray Beach. Mr. DeSisto urged the City to treat the disabled present and future veterans with respect and to better accommodate them on the job. 6.B.12. Terry Hardwick, 778 Squire Drive, Wellington, FL 33414, stated he supports Mr. DeSisto and briefly discussed veterans who suffer from Post - Traumatic Stress Disorder. 6.B.13. Robert Mori, Veteran of the Vietnam War, stated he also deals with Post - Traumatic Stress Disorder (PTSD) and has two purple hearts and is a decorated veteran. Mr. Fiori stated the sacrifices are real in spite of his issues he is proud tonight to tell Delray what Mr. DeSisto has gone through. 4 11/05/13 7. AGENDA APPROVAL: Mrs. Gray requested that Item &M., Interlocal Agreement /Community Redevelopment Agency (CRA): Neighborhood Planner Position, be moved to the Regular Agenda as Item 9.A.A., Item 8.N., Interlocal Agreement /Community Redevelopment Agency (CRA): In -House Project Manager Services Position be moved to the Regular Agenda as Item 9.11.11., and Item 8.0., Interlocal Agreement /Community Redevelopment Agency (CRA): Housing Rehabilitation Inspector Position be moved to the Regular as Item 9.C.C. The City Manager requested that Item 8.Y.4., Purchase Award to Otto Environmental Systems be removed from the Consent Agenda. Mrs. Petrolia requested that Item 8.Y.2., Purchase Award to Tanner Industries be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.D.D. Mrs. Petrolia moved to approve the Agenda as amended, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.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. 8.11. 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. 8.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 property located at 924 South Ocean Boulevard. 8.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. 8.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. 5 11/05/13 8.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 332 - 4164 -572 -31.30 (Beach Restoration Fund: Professional Services /Engineering/Architectural); which is 100% reimbursable from Federal, State and County funding sources. 8.G. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)ANTERCOUNTY 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). 8.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 11 Project. Funding is available from 441 - 5161 -536 -68.73 (Water and Sewer Fund: Improvements Other/Reclaimed Water, Area 12A). 8_I. 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. 8_J. EXTENSION OF ENGINEERING CONSULTING SERVICES AGREEMENTS (PROJECT #12 -057): Approve a one (1) year extension of agreements with Kimley -Horn & Associates, Mathews Consulting, Inc., Calvin Giordano & Associates, Inc., and the Wantman Group for Engineering Consulting Services (Project #12 -057). 8.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 is a not to exceed amount of $90,000 (Economic Development Director) and a not to exceed amount of $70,000 (Economic Development Manager), respectively. The City will also pay 50% of each position costs. 6 11/05/13 8.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 the operation of the Downtown Roundabout Trolley service in the downtown area. 8.M. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.N. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.11.11. 8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.C.C. 8.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 quarterly payments to be made to the City. 80. 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. 8.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. 8.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. 8.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. 8.U. REQUEST FOR SUBORDINATION /3740 LANCEWOOD PLACE: Authorize and approve a request for the City to subordinate its Neighborhood Stabilization Program (NSP) second mortgage position to allow Lana Ritz to modify her mortgage to reduce her interest rate and shorten the loan term with no consolidation of debt or cash -out for 3740 Lancewood Place. 7 11/05/13 8.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. The caption of Resolution No. 51 -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. 51 -13 is on file in the City Clerk's office.) 8.W. PROCLAMATIONS: 1. Delray Reads Day — November 13, 2013 2. Family Promise Week — November 10 -16, 2013 8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 14, 2013 through November 1, 2013. 8.Y. AWARD OF BIDS AND CONTRACTS: 1. Contract award with 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. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.D.D. 8 11/05/13 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 purchase of hot stamped garbage carts, lids and wheels to be ordered "as needed ". Funding is available from 433 - 3711 -534 -49.35 (Sanitation Fund: Other Current Charges /Cart Renewal & Replacement). Mrs. Gray move to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A.A. 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. Lula Butler, Director of Community Improvement stated this is a request for approval of the Interlocal Agreement with the Community Redevelopment Agency (CRA) to contribute 50% of the funding for the Neighborhood Planner position not to exceed $38,284. Mrs. Butler stated the CRA has been funding 50% of this position since 2008. Mrs. Butler stated 50% of the salaries has been moved into the sanitation fund because staff assigned all of the City's Litter Prevention Programs to this position because she is the one that does the outreach, works with the Police Department, and does all of the neighborhood cleanup campaigns. Mrs. Gray commented about the TIFF dollars and suggested that the CRA pick up the full cost of these positions. Mrs. Butler stated the Neighborhood Planner works citywide with all neighborhoods throughout the city and that is why the CRA is paying 50 %. For clarification, Diane Colonna stated the CRA cannot expend money outside the CRA district. Mrs. Gray asked if the percentage can be increased from the 50% to 75 %. Mrs. Colonna stated there would have to be a very specific analysis of how many hours this person is spending in the area and outside the area. 9 11/05/13 Mrs. Gray commented about the Sanitation Fund and stated there is litter everywhere especially in the northwest/southwest side of town and feels there needs to be a way to get control of that. Mrs. Butler stated there are different situations out there within the homeownerships and core areas of the north and southwest neighborhoods. She stated most of the litter is centered around the transient homes and people who come and go on a regular basis. Mrs. Gray suggested that staff look at what other cities are doing because they have the same issues as Delray and are taking care of it quite well. For clarification, Mayor Glickstein stated Mrs. Gray is looking for information to verify the time value assigned to the CRA role and the City role for that position. Mrs. Petrolia asked where the Neighborhood Planner position paid for previously. Mrs. Butler stated it was funded through the reimbursements that the City receives from the Auburn Trace Development. Mrs. Butler stated this employee has assumed all of the litter prevention programs as well and this is why it is being shifted over to the Sanitation Fund. Mrs. Petrolia asked about the makeup of the employees in the Sanitation Fund. Mrs. Butler stated 25% of the Assistant Director, 50% of the Code Enforcement Coordinator, 3 Sanitation Officers, and a full -time litter prevention position. Mrs. Butler noted that position will be transferred under a different title into the General Revenue budget in the Building Department because that individual now does the business signs. Mrs. Petrolia asked about the $43,300 per year that will be transferred out and if the Neighborhood Planner is now going to take over the litter part of it. Mrs. Butler stated this will be done at mid -year but it will be for the full year. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.M.), 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. 9.11.11. 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 Project Manager Services Position. Mr. Frankel moved to approve Item 9.11.11. (formerly Item 8.N.), 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 11/05/13 9.C.C. 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. Mrs. Petrolia moved to approve Item 9.C.C. (formerly Item 8.0.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.D.D. AWARD OF BIDS AND CONTRACTS: 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). Victor Majtenyi, Interim Environmental Services Director, stated this is a purchase award to Tanner Industries and is a bid through the City of Stuart at a cost of .77 per pound. Mrs. Petrolia stated she understands that we are piggybacking on the City of Stuart contract. The Stuart contract is for .77 a pound and they are calling for 18,250 of this. Mrs. Petrolia stated our contract needs 76,623 pounds of the same thing and asked why the City of Delray Beach is using a contract piggybacking on something that is three times the size. She stated if the City were to ask this company to give us a contract to piggyback on that was higher that we might get a lower price per pound. Victor Majtenyi, Interim Environmental Services Director, stated the City has utilized Tanner Industries and noted they have provided a very good service and a quality product for the treatment process. He stated the City has had issues with previous vendors with the purity of the chemical gas. Mr. Majtenyi stated it seemed favorable to staff. Mr. Majtenyi stated this is the second year for this contract which is the same price as last year; it could be lower or it could be higher. Mrs. Petrolia stated she feels this is not on equal ground to what the Commission is looking for and noted this is almost three times less than what the city is looking for. Mr. Jacquet moved to approve Item 9.D.D. (formerly Item 8.Y.2.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 1 vote, Commissioner Petrolia dissenting. At this point, the time being 7:04 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11 11/05/13 10. PUBLIC HEARINGS: 10.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. 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 . 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 Ordinance No. 27 -13, the public hearing was closed. Mayor Glickstein stated he asked the City Clerk to post an advertisement for the position. The City Clerk stated this advertisement will be published in the newspaper on Thursday or Friday and the press release will go out tomorrow. Mr. Jacquet moved to adopt Ordinance No. 24 -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.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. The caption of Ordinance No. 27 -13 is as follows: 12 11/05/13 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. (The official copy of Ordinance No. 27 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated that this ordinance clarifies the process for certain events that are set forth in the special event policy. They would come to the Commission for approval of waivers without having to go through a public notice process. For certain special events that may be approved tonight, the City Manager or his designee can be approve those waivers administratively. The City Attorney stated staff also added a change under "Assemblies" to provide that if there is a gathering of 25 or more people they would be required to obtain a special permit. 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 Ordinance No. 27 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 27 -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 — Yes. Said motion passed with a 5 to 0 vote. 10.B.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. Mr. Frankel moved to approve the amendments to the special event policies and procedures, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — 13 11/05/13 Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:08 p.m., the Commission moved back to the Regular Agenda. 9.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. 1st Street, west side of S.E. 3rd Avenue. (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Mayor Glickstein stated Item 9.A. concerns a property his company owned and sold several years ago and while no owner, officer, director, or employee of his company had any prior or subsequent affiliation with the current applicant owners, he will abstain from discussion of meeting. Mayor Glickstein passed the gavel to Vice Mayor Jacquet and left the dais. 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, Mrs. Petrolia, and Mrs. Gray stated they had no exparte communications. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -188 into the record. Mr. Dorling stated this item includes five (5) waivers for the Strand which was before the Commission at a prior meeting for a conditional use approval for an increase in density. At its meeting of October 9, 2013, the Site Plan Review and Appearance Board considered this item and the site plan was approved. The SPRAB provided positive recommendations for the five (5) waivers that are before the Commission. 14 11/05/13 Mr. Dorling gave an overview of the five (5) waivers. Staff recommends approval of four (4) of the five (5) waivers; staff does not support the reduction in sidewalk width from the minimum eight (8) feet because they feel that given its proximity to Atlantic Avenue is appropriate to provide the full depth. Gary Eliopoulos, 205 George Bush Boulevard, Delray Beach, FL 33483, stated with regard to the sidewalks waiver they have not had anybody oppose this one and the neighbors actually requested more landscaping. Mr. Eliopoulos stated they meet and exceed all the landscape requirements and noted that typically there are eight (8) foot sidewalks when you have a commercial component. Mrs. Gray inquired about the eight (8) foot sidewalks and asked if it is required anywhere else. Mr. Dorling stated the eight (8) foot sidewalks are required in the Central Business District (CBD). Vice Mayor Jacquet asked about the intent of eight (8) foot sidewalks in the CBD. Mr. Dorling stated it is to handle the increased pedestrian traffic that is in inherent by a vital downtown. Vice Mayor Jacquet stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL 33444, distributed photos to the Commission of sidewalks on Atlantic Avenue and stated there is more pedestrian traffic on Atlantic Avenue than the side streets. Christina Morrison, 2809 Florida Boulevard #207 Delray Beach, FL 33483, stated it is going to be a beautiful (serpentine) design of a sidewalk and because of the design they will be narrow at some point. Ms. Morrison stated there is not going to be any commercial in this building on the first floor so no sidewalk cafes or other impediments to the sidewalk area. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483 (Osceola Park), stated Osceola Park would like to see more landscape rather than less. There was no cross - examination or rebuttal. For the record, Mr. Frankel stated SPRAB reviewed this and supports the waiver requests. Mrs. Petrolia stated this is not a mixed -use building and there is an eight (8) foot sidewalk not necessarily connecting any area that would be expecting heavy traffic flow of pedestrians. 15 11/05/13 At this point, Mrs. Gray stated she would like to correct her ex parte comments and noted for the record that she spoke with Mr. Jim Knight and the applicant. Vice Mayor Jacquet stated he saw the sidewalk waiver the only waiver without question because of the neighborhood, the lack of retail, the pedestrian walkway is great but having a serpentine sidewalk is unique and fits best in that community. Mr. Jacquet asked in waiver #2 if the stacking distance that is being measured is the first parking space staff is using to calculate is level inside a garage. Mr. Dorling stated the storage of stacking spaces between the first parking space and the street out the exit from these garages is level inside a garage. Mr. Dorling explained that all the parking spaces are all covered. Vice Mayor Jacquet asked why staff recommends approval to waiver #4 (sight visibility triangle). Mr. Dorling stated that relates to the loading area. Mr. Jacquet stated there is an issue with seeing oncoming traffic and noted that if you are heading north on S.E. 3rd and you are at the stop sign at S.E. 2nd (south end of this project) it is difficult to see traffic going east and west on 2nd especially on the one -way S.E. 1st if you are coming from the old Milagro Center and the bakery. Sometimes, you cannot see cars coming down the one -way because of the on- street parking. 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). At this point, Mrs. Petrolia clarified that she does not support the waiver to LDR Section 2.4.7(B)(5) and 2.4.6.9(13)(3)(c)(1). Mr. Frankel moved to adopt the Board Order approving the waiver requests, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 3 to 1 vote, Mrs. Petrolia dissenting. At this point, the time being 7:31 p.m., Mayor Glickstein returned to the dais. 9.B. PROVIDE AUTHORIZATION/FLORIDA PUBLIC UTILITIES COMPANY: Provide authorization for 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. Terrill Pyburn, Assistant City Attorney, stated staff came before the Commission on July 9, 2013 asking to join the Town of Palm Beach in a class action lawsuit against the Florida Public Utilities Company. Ms. Pyburn stated since then the City of Boca Raton opted out which made everyone else's costs for participating in the lawsuit go up. Ms. Pyburn stated the City's costs have gone from $12,759.59 to $18,616.68. She stated in the memorandum staff recommended City Commission discretion; however, Ms. Pyburn stated staff would like to recommend denial because 16 11/05/13 there is no cap to the fees. She stated the overall costs are projected at $115,000 including all of the cities but if anyone else were to opt out that would change the cost or if there are unforeseen costs that arrive that would also change the cost. Mr. Jacquet moved to deny Item 9.11., 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. 9.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. The City Attorney stated after a three (3) day trial the City was found liable for constructively terminating former Water Treatment Plant employee Mr. Robert DeSisto and the jury awarded $750,000. The City Attorney stated staff came before the Commission previously and received permission to appeal this case. There are still a couple of post -trial motions still yet to be heard by the court. Therefore, staff recommends denial of this offer. Mr. Frankel moved to deny the settlement offer in Robert DeSisto v. City of Delray Beach, 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 to DENY the settlement offer was passed with a 5 to 0 vote. 9.1). APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular 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). Mr. Jacquet deferred his appointment to the next regular meeting of November 19, 2013. At this point, the time being 7:34 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 1LA. 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) in 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. 17 11/05/13 office.) The caption of Ordinance No. 28 -13 is as follows: 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. (The official copy of Ordinance No. 28 -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 corrective zoning change from RM (Medium Density Residential) in part and GC (General Commercial) in part to RM (Medium Density Residential) District for the Pelican Point Condominiums which contain 56 condominium units with eleven buildings. 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. In 1992, Mr. Dorling stated there was a land use change to change that same piece to amend the land use but a corresponding zoning change was not processed at that time. The mapping error was identified during the creation of the South Federal Highway Redevelopment Plan and that was adopted by the City Commission on September 20, 2012. Mr. Dorling stated it was recommended that this corrective zoning take place which is now before the Commission. At its meeting of October 21, 2013, the Planning and Zoning Board held a public hearing and recommended approval with 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. Staff recommends approval. Mr. Frankel moved to approve Ordinance No. 28 -13 on FIRST Reading, 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. 18 11/05/13 II.B. ORDINANCE NO. 29 -13: Consider approval to repeal Chapter 36, "Finance; City Property Transactions ", and replacing it with a new Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ". If passed, a public hearing will be held on November 19, 2013. The caption of Ordinance No. 29 -13 is as follows: 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. (The official copy of Ordinance No. 29 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this ordinance replaces the City's current purchasing code with a new code. The City Attorney stated the City used Jamie Cole of the Weiss Serota law firm which is the firm that revamped the City of Weston's Purchasing Code and the City of Delray Beach has attempted to mirror that Code to a certain degree. Staff proposes to change the acquisition amounts; currently it is $15,000 for City Commission approval and it is proposed to go up to $65,000; acquisitions of $2,500 or less would be approved by the Department Head (currently it is $1,000); acquisitions between $2,500 and $10,000 could be approved by the Department Head but they would have to receive three (3) quotes which may be verbal; acquisitions between $10,000 and $65,000 must be approved by the City Manager but only after receiving three (3) written quotes. In addition, the City Attorney stated the City has modified the City's bid protest procedure and have added some language to the debarment procedure and added a section on the disposal of junk or used property. The City Manager stated this will reduce the City Commission's review of the City's contracts from 93% to 56% of the contracts. Mr. Frankel commented about the acquisitions between $2,500 and $10,000 and the three verbal quotes. Mayor Glickstein stated verbal quotes should be memorialized somehow (i.e. affidavit). The City Manager stated the Purchasing Department would end up taking the verbal quotes and translating those into a written document (i.e. email). Mayor Glickstein stated some of this is going to be codified in a Purchasing manual which is the document that will implement the policy stated in the 19 11/05/13 ordinance. Mayor Glickstein reiterated that in the ordinance he would like to see some memorialization language (i.e. email, affidavit) so that it is something to refer back to. The City Manager stated staff can make sure that the ordinance reflects this prior to second reading. Mrs. Gray asked what are the top numbers that the City Manager can approve in other cities that are compatible to Delray Beach. The City Manager stated the neighboring communities are about $100,000. Mrs. Petrolia expressed concern about increasing the limit to be outside the purview of the Commission and stated this will fall back on the City Manager. Mr. Jacquet stated he has commented about the staffing levels in the Purchasing Department and feels the Purchasing Department has been overworked because of the number of contract, bids, and RFP's and yet when looking at the numbers comparing Delray Beach to other municipalities and looking at the populations, Delray Beach is way understaffed when it comes to purchasing. Mr. Jacquet stated he would like to know what the percentage would be if the amount was $15,000. Mayor Glickstein stated he wants to make sure that the City Manager is comfortable because he is accepting responsibility regardless of what happens in Purchasing/Finance and this is shifting responsibility directly to the City Manager and wants him to reassure the Commission that he is comfortable with that amount and these additional responsibilities. The City Manager stated he is comfortable with the numbers. Mayor Glickstein asked if there is a quarterly summary of the contracts that are going out and some kind of reporting cycle that is going to circulate back to the Commission or City Manager. The City Manager stated he spoke to the Assistant Finance Director and they are going to devise a report that gives a quarterly update. Mayor Glickstein stated the City uses Demand Star which is a clearing house for municipal purchasing and asked if staff could look into this and link it to the City's web site. Mr. Jacquet concurs that the Commission needs to have somewhere where they can take a look at what has been purchased so they can identify any attempts to circumvent what they are trying to do. Brief discussion between the Assistant Finance Director and Mayor Glickstein followed. Mayor Glickstein stated he checked with a few other cities and they may have one contract administrator but the actual purchasing responsibilities are outsourced. The City Attorney stated the ordinance shall take affect after second reading; however, it shall not apply to those solicitations that have been issued by the City prior to the adoption. The City Attorney stated there are currently three RFP's and one RFQ that are outstanding now. Mayor Glickstein stated those contracts would go out and any bid protests would be under the City's old rules. 20 11/05/13 Mr. Frankel moved to approve Ordinance No. 29 -13 on FIRST Reading as amended, 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. 11.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. The caption of Ordinance No. 30 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99 "NOISE CONTROL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 99.03, "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. (The official copy of Ordinance No. 30 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and made reference to an email that came out late today wanting some clarification on when the unreasonably loud and excessive and unnecessary noise would apply. The City Attorney stated this applies all the time throughout the entire city; 24 hours a day seven (7) days a week. Lula Butler, Director of Community Improvement, stated under Subsection (A)(l)(a)(l) the time has been changed from 11:59 p.m. to 12:01 a.m. and 7:00 a.m. Monday through Friday and Subsection (4)(a) "Construction" clarifies that the provisions of this section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between 8:00 a.m. to 4:00 p.m. on Saturdays. Mayor Glickstein commented that the Commission approved this with a six (6) month "look back ". After brief discussion, Mayor Glickstein requested that the Commission hold a Workshop meeting in May so they can see how this works over the next six (6) months. 21 11/05/13 Mayor Glickstein commented about the noise generated from the powered paragliders. Janice Rustin, Assistant City Attorney, stated the City has done everything lawfully that they can do with regards to the noise ordinance. Mrs. Butler provided a brief update of staff's strategy and stated Code Enforcement will work closely with the Police Department to enforce the ordinance. Mrs. Gray moved to approve Ordinance No. 30 -13 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager updated the Commission on recent changes and stated Milena Walinski is now the Interim Finance Director, Randal Krejcarek will serve as the ESD Director on a permanent basis. In addition, the City Manager stated with regard to the Human Resources Director position staff is down to the final candidates and staff has interviewed people for the Parks and Recreation Director's position. The City Manager stated approximately 290 applicants applied for the Assistant City Manager position and staff will select from approximately 6 or 8 candidates. 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 For the record, Mr. Frankel stated in 2012 the Police and Fire Pension Fund had a return on investment $18,978,460 and from that number the return on the quadrant fund was $539,050. This year the fund was up 10.97% or $14,822,723; quadrant was up as well $107,950. Mr. Frankel stated the Board previously directed the consultants based on information to liquidate that account and he entered this information into the record. Secondly, Mr. Frankel stated he emailed the City Manager documents including an actual experience study that the Police and Fire Actuary did. Mr. Frankel stated the Police and Fire Pension Board voted at the last meeting and it will decrease the City's contribution $725,601. 22 11/05/13 12.C.2. Mrs. Gray Mrs. Gray asked staff to look into the valet queue located at S.E. 2" d Avenue because it is creating a lot of bottlenecks on the corner. Mrs. Gray requested that the islands be removed so the traffic will flow better in this area or look at changing the valet queue. The City Manager stated no changes have been made to the valet queue pending staff s formal presentation to the Commission on parking in general because the valet system is part of the whole general strategy. Mrs. Gray congratulated the Equity Group for the redevelopment that will be starting on West Atlantic Avenue and expressed kudos to the CRA for getting that done. Mrs. Gray stated on Wednesday, November 13, 2013, Senator Sachs office and the City of Delray Beach will be hosting The Affordable Care Act for information and a better understanding of it at the Delray Beach Library, 100 West Atlantic Avenue from 6:00 -8:00 p.m. Mrs. Gray stated she initiated The Affordable Care Act event with Senator Sachs and encouraged the rest of the Commission to be present. Lastly, Mrs. Gray inquired about alleyways in Osceola Park not going towards the residential neighborhood but instead going towards the business owners. The City Manager stated the CRA is still working on this. 12.C.3. Mrs. Petrolia Mrs. Petrolia announced that the sound system is fixed. Secondly, Mrs. Petrolia stated since the Commission will be able to vote on the sanitation fund next week. Mrs. Petrolia suggested that the City Manager also ensure that this be placed on the November 19, 2013 Agenda since the Commission will be specifically voting on the garbage cart fees and franchise fees. Mrs. Petrolia asked if the City applied for the Sustainability Grant. The City Manager stated the City did not apply for this grant yet and noted it is offered annually. The City Manager stated staff will be working on this during the course of the year. Mrs. Petrolia stated she will be attending the Climate Change Seminar on Thursday and Friday. Lastly, Mrs. Petrolia stated there will be a presentation at the November 12, 2013 Workshop meeting regarding the Police and Fire Pension Plan. She stated it is important to know about the losses that are taking place in the quadrant fund for Police and Fire. Mrs. Petrolia stated this fund has gone from $5.7 million of investment to $4.1 million in the last three months this fund has lost another $167,000. She stated this needs 23 11/05/13 to be reinvested it elsewhere where they could be making money instead of losing money on a monthly basis. 12.C.4. Mr. Jacquet Mr. Jacquet stated he had the opportunity to attend the Career Fair at Orchard View Elementary to speak to their 5th graders about serving as City Commissioner for the 4th consecutive year. Mr. Jacquet stated he will be attending Crosspointe Elementary School as well. Secondly, Mr. Jacquet thanked the Mayor for the Town Hall Meeting on education. Mr. Jacquet stated today he had the opportunity to speak to Palm Beach State College Student Government and they are strong advocates for immigration reform and tuition. In addition, Mr. Jacquet stated he will be speaking to the FAU group next week and noted there are many young and bright leaders in the community. 12.C.5. Mayor Glickstein Mayor Glickstein reiterated that November 13, 2013 is Delray Reads and stated it is almost at capacity. He stated tomorrow is the last day to register at www.delrayreads.org or by contacting Janet Meeks, Education Coordinator (meeksJ cr my delraybeach.com). Secondly, Mayor Glickstein stated the alcohol restrictions seem archaic and if you can buy it in restaurants he is not sure why someone cannot buy alcohol at Publix or 7- Eleven on Sundays. It was the consensus of the Commission to look into this. Lastly, Mayor Glickstein stated in terms of the actuary reports and the stress testing that is being done he made a representation to Detective Gary Ferreri that as soon as that information was available it would be distributed to them as well. The City Attorney stated when he received the public records request from the IAFF and different entities and noted this information is exempt. The City Attorney recommends that the Commission hold an Executive Session. At that point, the City Attorney stated the Commission can give staff direction to release that or suggest that the actuary make changes. There being no further business, Mayor Glickstein declared the meeting adjourned at 8:26 p.m. 24 11/05/13 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 November 5, 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. 25 11/05/13 WHEREAS, Nancy K. Hurd joined the Community Child Care Center, now known as the Achievement Centers for Children & Families, in 1969 when the agency opened their doors as a pilot program, in donated church school rooms with 20 children and two teachers after an overwhelming need to provide affordable, quality child care to low- income working mothers. The program has evolved into a social services agency that supports 700 children and 70 staff members on two campuses; and WHEREAS, Mrs. Hurd has been the ambassador of social services in the City of Delray Beach for over 40 years as the Social Services Director, Educational and Assistant Director, Assistant Director and finally as Chief Executive Officer of the Achievement Centers for Children & Families until October 1, 2013 when she retired; and WHEREAS, she graduated from Michigan State University with a degree in Social Work. She and her husband are very active with St. Paul's Episcopal Church; and WHEREAS, under Mrs. Hurd's leadership and guidance, the Center has achieved and maintained several accreditations and certifications that distinguish the Center from other agencies including the highly coveted accreditation from the National Association for the Education of Young Children. The agency also has accredited business practices and top recognition by many state and local entities; and WHEREAS, Mrs. Hurd has received many prestigious awards for her service over the years. Additionally, in 1998, Nancy was a Citizen Ambassador to represent Florida and the United States as a delegate in South Africa for seminars on early education and advocacy. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the citizens of Delray Beach, do hereby extend our heartfelt thanks and appreciation to: NANCY K. HURD and call upon all present to acknowledge and applaud her longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and this community and wish her well in her future endeavors. 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 10'h day of December, 2013. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: December 4, 2013 SUBJECT: AGENDA ITEM 5.A.1 - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 RESOLUTION NO. 60-13 ITEM BEFORE COMMISSION The item before Commission is to approve Resolution No. 60 -13 naming the east -west public alley located between Lake Ida Road and N.W. 4th Street to "Nancy's- Way ", as requested by the Board of Directors of the Achievement Center for Children and Families (ACCF). BACKGROUND Nancy K. Hurd joined the Community Child Care Center, now known as the Achievement Center for Children & Families, in 1969. The center opened their doors with 20 children and two teachers to provide affordable, quality child care to low- income working mothers. The program quickly grew to support and prepare low- income, at risk children for success in the public school system. After more than four decades under Nancy's leadership, the Achievement Center is now a social services agency that supports 700 children and 70 staff members on two campuses. In 2006, Nancy was named Chief Executive Officer and, after 44 years of service to the only agency she has ever been employed by, she retired on October 1, 2013. In honor of Nancy's long service and dedication to children and families who live in our community, the Board of Directors has requested that the City Commission name the alley that connects to their parking lot, "Nancy's Way." Attached is an exhibit, which shows the properties along both the north and south sides of the alley. The properties located adjacent to the alley are addressed from Lake Ida Road or NW 4th Street; therefore, naming the alley "Nancy's Way" will not negatively impact the currently- assigned addresses, emergency response as it relates to our 9 -1 -1 system, changing of records with the Palm Beach County Property Appraiser's office, or with established stationery of current businesses. The Police Department offered no concerns, as long as the final determination by the City Commission is communicated to them. This will allow for their CADD system to be updated with this new reference name, should any future calls for assistance be made for "Nancy's Way ". RECOMMENDATION Staff recommends approval of Resolution No. 60 -13 naming the east -west public alley located south of th Lake Ida Road, north of NW 4Avenue to "Nancy's Way ". RFS01.1u "PION N0).60 -13 A RESOLUTION OF THE COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE EAST -WEST PUBLIC ALLEY BETWEEN LAKE IDA ROAD AND NW 4TH STREET "NANCY'S WAY "; PROVIDING FOR AN EFFECTIVE DATE. \ \' 1 Il' Rl' .15, the City of Delray Beach owns the east v-est allow that runs bcm een 1,ake Isla Road and 4`)' Street; and \\/'f I1' RI' .15, the City (Jotnnnssi )n and the Board of Directors of the [�chicN- etnetit Center for C,hlldretl and Famihes «'ould like to name this alley "Natzcy s \X'ay" tc) hotzor Nancy K. Ilurd f >r her 44 dears of service and dedication to children and families in our cotnmunitv throul;hout her career at the - �chiec-e ent Center for Children and families {fo )rtnerly the Co ntnunity Child Care. Center), «hich abuts the alley. NOXN7, '1 "1I1,:I I:FOR1. 131,: IT RFISOLN'I'D 13Y '1'111': CIT ' COMMISSION O '1'111? C1T`' 01 DFLRAY 11F,1\C11, FLORID k, " \S FOLLOWS: Section 1. That the above recitals are incorporated as if fully set forth herein. Sectic)n 2. That the cast -vyest alley that runs bCMCCtl I,ake Ida Road and 4`}' Street lie mimed "Nancy's Way" Section 3. This reso lutu)tz shall take effect mtncdiatcl� upon its adoption, P ISSFD IND .\D()PT D this day of Decernber, 2013, ATTEST: City Clerk MAYOR ■ ■ u v Id F . s ' ra ■ Y r. ri r i S1 e v ■ . - ■ .. ■ et n �■ u■ � . a' 1.' '� 'U ti ■ .•h % :°� � _ I. ■ �l� - r.-1 mil[ � - ' ■ r . . a _ r ri r i S1 e v ■ . - ■ .. ■ et n �■ u■ � . a' 1.' '� 'U ti ■ .•h % :°� � _ I. ■ �l� - r.-1 mil[ � - ' ■ r . . a e N A • N S ■ N 2 II ■ ifl Ifl � ■ NI r II 1 ■ 71: �I ■ ''rr I =� MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER MARK MCDONNELL, AICP, INTERIM DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: December 3, 2013 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 RESOLUTION NO. 57 -13 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/ 65 PALM SQUARE) ITEM BEFORE COMMISSION The item before the City Commission is approval of a tax exemption request for improvements to the property located at 65 Palm Square, an individually designated property. BACKGROUND The subject property measures approximately 8,686 square feet and consists of Lot E, Riker Square Subdivision. Situated on the east side of Palm Square between East Atlantic Avenue and SE 1 st Street, the property is located within the Marina Historic District and is zoned RM (Medium Density Residential). The original, circa 1940, Minimal Traditional style, single family residence is classified as contributing to the historic district; alterations and additions occurred on the structure in 1951. At its meeting of December 7, 2011, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness (COA) for additions and alterations to the historic structure, as well as associated site improvements. ANALYSIS The improvements, both interior and exterior, are completed, and a Certificate of Occupancy (CO) was issued on August 30, 2013. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their November 20, 2013 meeting and recommended approval of the Ad Valorem Tax Exemption Application. The tax exemption will apply only to the difference in assessed value after the eligible property improvements. The applicant is now before the City Commission for final approval of the exemption request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. The request contains qualifying improvements under LDR Section 4.5.1(J) and is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5. 1 (J)(7)(d)b., upon approval recommendation of the Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures associated with the qualifying improvements total approximately $750,000. The tax exemption will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes on the City and County portions for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request for site improvements to the property located at 65 Palm Square, based upon positive findings with respect to LDR Section 4.5.1(J). RESOLUTION NO. 57 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PATTON INVESTMENT, LLC. FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 65 PALM SQUARE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(J); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City "), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and /or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and /or improvement of historic properties (Ordinance No. 50 -96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50 -96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Historic Property Ad Valorem Tax Exemption Application for review by the Historic Preservation Board on November 20, 2013, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 65 Palm Square, and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 4.5.1(J) and recommended approval to grant an ad valorem City tax exemption to Patton Investment, LLC. for the restoration, renovation, and improvement to the property located at 65 Palm Square. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 65 Palm Square, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.5.1(J). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, 65 Palm Square, for a ten year period, commencing on 1 /l /15, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/15 — 12/31/24, resulting from the renovation, restoration, and rehabilitation of the property located at 65 Palm Square, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2012 -026: Lot E, Riker Square, according to the plat thereof as recorded in Plat Book 18, Page 74, Public Records of Palm Beach County, Florida. Section 3. Prior to the ad valorem tax exemption described herein being effective, 65 Palm Square, shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 201. ATTEST: City Clerk MAYOR 2 Res No. 57 -13 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: Carolyn and Price Patton Property Address: 65 Palm Square, Marina Historic District HPB Meeting Date: November 20, 2013 File No.: 2014 -020 ITEM BEFORE THE BOARD The action requested of the Board is to approve a Historic Property Ad Valorem Tax Exemption Application for improvements on an individually designated property located at 65 Palm Square, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(J). BACKGROUNDIPROJECT DESCRIPTION The subject property measures approximately 8,686 square feet and consists of Lots D and E, Riker Square Subdivision. Situated on the east side of Palm Square between East Atlantic Avenue and SE 1 St Street, the property is located within the Marina Historic District and is zoned RM (Multi - Family Residential, Medium Density). The original, circa 1940, Minimal Traditional style, single family residence is classified as contributing to the historic district; alterations and additions occurred on the structure in 1951. At its meeting of December 7, 2011, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness (COA) associated additions and alterations to the historic structure, as well associated site improvements. The two bedroom, two bathroom residence was expanded to include an additional bedroom and one and a half bathrooms. A gabled, second story addition above the north "wing" provides one of the additional bedrooms and full bathroom, while a smaller addition to the south elevation provides an additional bathroom and closet space to the existing modest master bedroom. A second story porch overlooks the backyard on the south elevation. A wood trellis is attached to the north side of the historic structure to provide covered parking for one vehicle. The original front porch was opened up and restored. The existing window openings and window types and configurations were maintained on the original historic house. All new windows primarily consist of 616 (same as historic structure), 4 light fixed windows, or a triple sash window with each section containing 4 lights. An exception to the aforenoted new windows is the two 4 light porthole windows on the new construction at the south side of the property. Louvered shutters were added to all windows on the new construction. The asphalt shingle roof material was installed on the new construction. Five associated variances were requested which included decreasing the south, north, and east setback requirements, permitting a required parking space to be within the front yard setback, and installing a swimming pool within 10' of the rear property line. The applicant is now before the Board to request review of the Tax Exemption Application for the aforenoted site and building improvements. Landscaping associated with this project is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement," pursuant to the Florida Administrative Code 1A -38. 65 Palm Square, Tax Exemption Application 2014 -020 HPB Meeting November 20, 2013; Page 2 of 5 Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before, during, or after it has been undertaken. The applicant therefore requests consideration of the ad valorem tax exemption as the project is complete, AD VALOREM TAX EXEMPTION LDR Section 4.5.1(J), Tax Exemption for Historic Properties Pursuant to LDR Section 4.5.1(J), a tax exemption is available for improvements to qualifying contributing properties in a designated historic district or individually designated properties, as listed in Section 4,5.1(i). Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on one hundred percent (900 %) of the increase in assessed value resulting from any HPB approved renovation, restoration, rehabilitation, or other improvements of the qualifying property made on or after the effective date of the original passing of Ordinance 50 -96 on November 19, 1996. LDR Section 4.5.1(J)(1), clarifies that the exemption does not apply to the following: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. LDR Section 4.5.1(J)(2), explains the exemption period shall be for ten (10) years, unless a lesser term is set by the City Commission. (a) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to authorize such exemption or change in ownership of the property. (b) To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was authorized. LDR Section 4.5.1(J)(4) provides the parameters for qualifying properties and improvements. The subject property qualifies as it is listed on the Local Register of Historic Places, LDR Section 4.5.1(J)(5) requires that for an improvement to a historic property to qualify the property for an exemption, the improvement must: (a) be consistent with the United States Secretary of the Interior`s Standards for Rehabilitation, as amended; and (b) be a constructed and /or installed improvement as approved by the Historic Preservation Board and as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A -38, as amended which defines real property improvements as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage /utility structures, swimming pools), whether existing or new. The exemption does not apply to improvements made to non - contributing principal buildings, existing non - contributing accessory structures., or undesignated structures and /or properties; and, (c) be consistent with Section 4.5.1(E), "Development Standards ", of the City's Land Development Regulations; and (d) include, as part of the overall project, visible improvements to the exterior of the structure. 65 Palm Square, Tax Exemption Application 2014 -020 HFTB Meeting November 20, 2013', Page 3 of 5 STAFF COMMENT: The project meets the above criteria through previous approval by the Board of the associated improvements outlined above which constituted its compliance with the Secretary of the Interior's Standards for Rehabilitation, as well as the rules of Florida Administrative Code 1A -38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion (c) per the COA approval which applied the LDR Development Standards in the assessment of the proposal. Finally, the project meets criterion (d) as the project encompasses visible improvements to the exterior of the building and related property. LDR Section 4.5.1(J)(7), Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must submit a Historic Property Tax Exemption Application to the Planning and Zoning Department upon completion of the qualifying improvements. (a) The application shall indicate the estimated cost of the total project, the estimated cost attributed solely to the historic structure, and project completion date as determined by the Certificate of Occupancy issued by the Building Department. (b) The Historic Property Tax Exemption Application shall be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property, a new property survey illustrating the improvements; a copy of the building permit application indicating estimated project cost; a copy of the Certificate of Occupancy /Final inspection; and photographs illustrating the before and after of each improvement, including both the interior, exterior, and all new construction. The photographs shall be identified with a date and description indicating the impact of the improvement. (c) The application must be submitted within three (3) months from the date of issuance of a Certificate of Occupancy. (d) The Historic Preservation Planner will inspect the completed work to verify such compliance prior to Historic Preservation Board review. a. if the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the approved plans and the review standards contained in Section 4.5.1(E), the Board shall recommend that the City Commission grant the Historic Property Tax Exemption Application. L Upon a recommendation of approval of a Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. c. If the Historic Preservation Board determines that the work as completed is either not consistent with the approved plans or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the request has been denied STAFF COMMENT: The qualifying improvements were completed and submitted within three months of the Certificate of Occupancy which was issued on August 30, 2013, LDR Section 4.5.1(J)(8), Historic Preservation Exemption Covenant explains the covenant required in order to qualify for the exemption: (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application /Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. 65 Palm Square, Tax Exemption AppFcation 2014 -020 P13 IVlee6ng November 20, 2613; Page 4 of 5 (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.92(3), Florida Statutes. LDR Section 4.5.1(J)(10), Revocation Proceedings, provides guidelines to revocation of the tax exemption upon violation of the recorded covenant. (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5. 1 (M)(10), and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply with the consequences. ANALYSIS The tax exemption request complies with the criteria contained in LDR Section 4.5.1(J) as the Historic Preservation Board approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1(J }. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property at 65 Palm Square, Marina Historic District, based upon positive findings with respect to LDR Section 4.5.1(J). C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property at 65 Palm Square, Marina Historic District, based upon a failure to make positive findings with respect to LDR Section 4.5.1(J), Motion to be hrased in the affirmative. See above.) 55 Palm Square, Tax Exemption Application 2014 -020 14PB Meeting November 20, 2013; Page 5 of 5 RECOMMENDATION Recommend approval to the City Commission of the Historic Property Ad Valorem Tax Exemption Application (2014 -020) for improvements to the property at 65 Palm Square, Marina Historic District, based upon positive findings with respect to LDR Section 4.5.1(.9). Report Prepared by: Amy E. Alvarez, Historic Preservation Planner `. 'M 4 " i a . Its i ! . , "I ma 7� y -4 � 0 S. I I w* LULL . F _: -i _ Am �. 9 n r, I, I, .:P � W�� '�i 1' 1 �I �- w ra _ v �� i6 � _ � M Wf .dam { f, z F gym.® T 14011 NEW 111 11 F 1pil I The Minimal Traditional, or cottage - style, wood frame house was constructed in 1931 by a Virginia lumber magnate. It was framed in Dade County pine and had a brick fireplace. The brick wrapped around the northern half of the front fagade. The original frame and foundation were in excellent condition and preserved. The cinderblock patio wall with "weeping" mortar was added in the 1940s, judging from names etched into several of the stucco planters extending from the wall. One reads: `43 Mary X Joe Another: Peggy 12/12/43 In 1951, according to Delray Beach city records, a 12x17 foot screened front porch was added as well as a 6X15 -foot addition to the southwestern -most room of the house, a guest bedroom known as the "Blue Room." The house had double -hung wooden windows throughout and a gabled roof with asphalt shingles. Distinguishing features included the original brass hardware for the mahogany front door, the fireplace, mantle and Art Deco warming vents and by- folding nano -doors separating the living room from the dining room. During restoration, the covered up frames of a doorway from the living room to the "Blue Room" and an opposite window were discovered. The openings were reincorporated into the current interior layout of the house. It is believed that these original openings were covered during the 1951 remodeling. The house is sited in harmony with the remaining houses on the street and the two -story wood -framed addition is located to the rear of the property and remains in scale with surrounding properties. It is one of many wood -frame houses on the street. The house is one of 10 original residences on Palm Square, then also known as Southeast 8t' Ave. All were built between the 1920s and the late 1930s and all contribute to maintaining the neighborhood's true historic environment. If the modern automobiles were removed, a stroll down Palm Square would be a walk back 80 years in time. The styles include Mediterranean and Mission revival, Monterey, traditional frame vernacular and Art Modern. The wood -framed Alieda Riley Residence is adjacent to the Anchorage apartment building, which was built in 1941 by architects Gustav Maass and Sam Ogren, Jr. During the 1951 renovation, the house was owned by J.H. and Mary Cox Fleming. The house was the long -time home to Alieda Riley and her family. Mrs. Riley and her husband, Melville F. Riley, Jr., moved into the house in 1979. Melville Kiley chose this area for his family because he had stayed in the neighborhood in the 1930s with his parents and knew of its history and charm. After his death, Mrs. Riley was instrumental in the creation of the Marina Historic District, of which the house is a contributing structure. She also was the first president of the neighborhood association and served in that role for 14 years.. 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Q CL Q 0 0 S1N3WSS35Stf W3ZI0"1�dA t1V"NON c co I �l I�IAaI aI lI d oI aICv I uI O � 0l3ol S O®dI O IHCd I GN�V °'6 L S3XVl Ala3dO'dd a3SOdOUd d0 301Il O IN C I €IIOI Z m c o o�a 0 N Z E.= 0 0) ' ° -° o a Q m T "-- tR ca Q O Q m MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Interim Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: November 27, 2013 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 FINAL SUBDIVISION PLAT APPROVAL /DELRAY VILLAGE SHOPPES ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a new shopping center development to be platted as Delray Village Shoppes. The subject property is located on the north side of Linton Boulevard, west of SW 4th Avenue. BACKGROUND The 7.1 acre subject property is a replat of a portion of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, recorded in Plat Book 1, Pages 4 and 5, of the public records of Palm Beach County, Florida on March 25, 2010. On November 14, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan proposal for Lintco Development which included construction of a shopping center consisting of three (3) commercial buildings and associated parking on the subject property. Submission of a replat for the property was included as a condition of Site Plan approval. On September 25, 2013, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan proposal for Delray Village Shoppes which included changing the previously proposed bank outbuilding located in the southwest corner of the site to a multi - tenant retail building containing a restaurant and retail uses, plus associated landscaping and parking lot modifications in the affected area immediately adjacent to the outbuilding. The replat will subdivide the subject property into three (3) development Tracts. Tract "A" is the development parcel which will contain all of the buildings and the parking lot. Tract "B" is a dedication tract of 12 to 35 feet of additional right -of -way for Linton Boulevard, being dedicated to Palm Beach County by this plat. Tract "C" is a dedication tract of 5 feet of additional right -of -way for SW 4th Avenue and is being dedicated to the City of Delray Beach by this plat. The plat contains a number of new general utility, water, sewer and drainage easements located throughout the property and non - vehicular access lines are being provided along Linton Boulevard and SW 4th Avenue to limit vehicular access to the driveway connections indicated on the approved site plan. Plat Anal. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of November 18, 2013, and recommended approval by a vote of 5 to 0, with the condition that all comments under the "Technical Items" section of the P &Z staff report be addressed prior to scheduling the plat for City Commission action. All of the technical items have been addressed. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizens Coalition • Southridge HOA • Linton Ridge HOA • Tierra Verde of Delray HOA To date, no letters of objection or support for the Plat have been received. Any future letters of objection or support will be presented at the City Commission meeting. RECOMMENDATION Move approval of the plat of Delray Village Shoppes, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: November 18, 2013 AGENDA ITEM: IV. A. ITEM: Delray Village Shoppes (formerly Lintco) — A final subdivision plat for a commercial shopping center located on the north side of Linton Boulevard, west of SW 4th Avenue. GENERAL DATA: Owner / Applicant .......................... Lintco, Inc. Agent ........... ............................... Paul Engle O'Brien, Suiter & O'Brien, Inc Location ....... ............................... On the north side of Linton Boulevard, west of SW 4th Avenue Property Size .............................. 6.99 acres Existing FLUM ............................ GC (General Commercial) Adjacent FLUM .................North: MD (Medium Density Residential) East: CMR (Commerce) and TRN (Transitional) South: GC (General Commercial) West: GC (General Commercial) and CF (Community Facilities) Existing Zoning ........................... GC (General Commercial) Adjacent Zoning ................North: RM (Multiple Family Residential) East: MIC (Mixed Industrial & Commercial) and POD (Professional Office District) South: PC (Planned Commercial) West: GC (General Commercial) and CF (Community Facilities) Existing Land Use ...................... Vacant Proposed Land Use .................. Commercial Water .... ............................... Water service must be extended from existing 20" main along SW 4th Ave. Sewer .... ............................... Sewer service must be extended from existing 6" main along SW 4th Ave. The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new shopping center development to be platted as Delray Village Shoppes. The subject property is located on the north side of Linton Boulevard, west of SW 4th Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The 6.99 acre subject property is a replat of a portion of Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South, Range 43 East, recorded in Plat Book 1, Pages 4 and 5, of the public records of Palm Beach County, Florida on March 25, 2010. The twelve (12) parcels which make up the property were annexed to the City of Delray Beach on October 11, 1988 via City Ordinance Number 115 -88. On December 6, 2005, the City Commission approved Ordinance Number 56 -05, which changed the Future Land Use Map (FLUM) designation from RDA -3 (Redevelopment Area -3) to MD (Multiple Family Residential) for the parcels. Also on December 6, 2005, the City Commission approved Ordinance Number 60 -05 which changed the zoning from R -1 -A (Single Family Residential) to RM (Multiple Family Residential). On July 19, 2010, the Planning & Zoning Board recommended approval to the City Commission for a land use map amendment to change the Future Land Use Map designation from MD to GC and to change the zoning from RM to GC for the subject twelve parcels for Lintco, LLC. The City Commission approved the rezoning request on November 30, 2010. The FLUM designation change from MD to GC was approved with Comprehensive Plan Amendment 2010 -1 on December 14, 2010 by the City Commission. To ensure that traffic concurrency could be achieved on the property at its maximum development potential, Comprehensive Plan Amendment 2010 -1 also included a text amendment to the Future Land Use Element to limit the maximum non - residential development intensity on the subject property to an FAR (Floor Area Ratio) of 0.36, instead of the 3.0 normally permitted within the General Commercial FLUM designation. A text amendment to the Land Development Regulations was approved by the City Commission on August 7, 2012 to add this restriction to the Supplemental District Regulations of the General Commercial zoning district. On November 14, 2012, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan proposal for Lintco Development which included construction of a shopping center consisting of three (3) commercial buildings and associated parking on the subject property. Submission of a replat for the property was included as a condition of Site Plan approval. On September 25, 2013, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan proposal for Delray Village Shoppes which included changing the previously proposed bank outbuilding located in the southwest corner of the site to a multi- tenant retail building containing a restaurant and retail uses, plus associated landscaping and parking lot modifications in the affected area immediately adjacent to the outbuilding. P &Z Board Staff Report, Meeting of November 18, 2013 - Delray Village Shoppes Plat Page 2 The replat will subdivide the subject property into three (3) development Tracts. Tract "A" is the development parcel which will contain all of the buildings and the parking lot. Tract "B" is a dedication tract of 12 feet of additional right -of -way for Linton Boulevard. It will be dedicated to Palm Beach County by special instrument and the recording information will be noted on the plat. Tract "C" is a dedication tract of 5 feet of additional right -of -way for SW 4th Avenue and is being dedicated to the City of Delray Beach by this plat. The plat contains a number of new general utility, water, sewer and drainage easements located throughout the property and non - vehicular access lines are being provided along Linton Boulevard and SW 4th Avenue to limit vehicular access to the driveway connections indicated on the approved site plan. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a zoning designation of General Commercial (GC) and a General Commercial (GC) Future Land Use Map designation. Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), GC Zoning is consistent with GC Future Land Use Map designation. Pursuant to LDR Section 4.4.9(B)(1), general retail uses are permitted within the GC zoning district. Likewise, service uses such as restaurants and banks and similar institutions including drive - through facilities are allowed pursuant to LDR Section 4.4.9(B)(4). Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) — Concurrency. Pursuant to Section 3.1.1(8) 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: Water and Sewer: • Water service will be provided from existing 20" main along SW 4th Avenue • Sewer service will be provided from existing 6" main along SW 4th Avenue 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. P &Z Board Staff Report, Meeting of November 18, 2013 - Delray Village Shoppes Plat Page 3 Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water management permit. Streets and Traffic: A traffic study was provided with approval of the Class V Site Plan for the overall development. It indicated that the increase in traffic is 1,178 new external daily trips, forty -nine (49) new external a.m. peak hour trips and two hundred fifty -two (252) new external p.m. peak hour trips per day. The Palm Beach County Traffic Division has reviewed the traffic study for the proposed development and determined that a dedicated westbound right turn lane is required along Linton Boulevard at the main entrance. With provision of the right turn lane, the site meets the Traffic Performance Standards of Palm Beach County. Parks and Recreation Facilities: Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed shopping center (55,173 sq. ft.) will generate 201.38 tons of solid waste per year. Thus, the development proposal will result in a 201.38 ton increase in solid waste generated annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. School Concurrence: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and /or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Reaulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project and was added as a condition of site plan approval. • LDR Section 4.3.4(K) (Development Standards Matrix): The development standards for the GC (General Commercial) zoning district, including minimum lot size, lot width, lot depth, lot frontage, open space, building setbacks and building height were addressed with approval of the site plan for the project. P &Z Board Staff Report, Meeting of November 18, 2013 - Delray Village Shoppes Plat Page 4 • LDR Section 5.3.1 (Right -of -Way Dedication): Twelve (12) feet of additional road right -of -way for Linton Boulevard along the south side of the property is required. The dedication will be made by special instrument and referenced on the plat. Five (5) of additional road right -of -way for SW 4th Avenue along the east side of the property is being dedicated to the City of Delray Beach by this plat. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C ". Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizens Coalition • Southridge HOA • Linton Ridge HOA • Tierra Verde of Delray HOA • Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed plat is consistent with the Zoning and Future Land Use Map designations for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. P &Z Board Staff Report, Meeting of November 18, 2013 - Delray Village Shoppes Plat Page 5 A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Delray Village Shoppes, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately D. Deny the preliminary plat and final plat with basis stated. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Delray Village Shoppes, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3. 1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Aerial • Site Plan • Survey • Reduced Plat P &Z Board Staff Report, Meeting of November 18, 2013 - Delray Village Shoppes Plat Paqe 6 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X 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 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 X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of November 18, 2013 - Delray Village Shoppes Plat Page 7 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X — subject to provision of a physical barrier to the north and west 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 X 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 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 X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of November 18, 2013 - Delray Village Shoppes Plat Page 8 The following plat comments must be addressed prior to scheduling the plat for City Commission: 1. Revise the title certificate to list all easements, mortgages and encumbrances of record. 2. Provide a preliminary cost estimate for the construction of all public improvements. 3. Provide receipts of application for water, sewer, drainage, public street improvements which are to be permitted by agencies other than the City. 4. SW 4th Avenue is incorrectly labeled as NW 4th Street on the plat. 5. Indicate instrument for dedication of east half of right -of -way for SW 4th Avenue. 6. Indicate limits of drainage easement on the far west portion of the property. 7. Confirm Tract "B" dedication, civil plans indicate 35 -foot and plat indicates 12 -feet along Linton Boulevard. 8. Remove Tract "B" from dedication language. Tract "B" will be dedicated to Palm Beach County (PBC). If dedication is done via this plat, provide documentation from PBC approving dedication language. 9. If Tract "B" will be dedicated via separate instrument; indicate recorded information on plat. This needs to be done prior to Building Permit issuance. 10. Revise GUE dedication language to match City of Delray Beach Standard dedication language. 11. Add the Director of Environmental Services to the City Approval signature block. 12. Prior to approval of plat, provide South Florida Water Management District (SFWMD) permit, permit modification or Letter of "No Notice" in accordance with LDR Section 2.4.6(J). 13. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 14. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. P &Z Board Staff Report, Meeting of November 18, 2013 - Delray Village Shoppes Plat Page 9 Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The proposed shopping center will be an asset to the community. Development of this vacant site will make a vital contribution to the local economy and contribute to shopping opportunities along the Linton Boulevard commercial corridor. The proposed landscaping and building architecture will also add a physical and aesthetic value to the site that is presently nonexistent. As a result, there will be significant physical and environmental improvements to the land. The adjacent condominium development to the north will substantially benefit from the activity resulting from the future bank and shopping center use. The proposed development is deemed a compatible and appropriate use for this site. Based upon the above, no incompatibility issues exist between the proposed shopping center and the surrounding land uses. However, a required physical barrier for the adjacent residential properties to the north and west is required. This requirement was included as a condition of site plan approval; therefore, a positive finding can be made with regard to Future Land Use Element Objective A -1. EVA -SSIE ST. ST. / DOUGLASS IN VAN RD. 1 ZEDER AVE. 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ON 092Z h �vroo p L `aa�.vfeory a "^ 3M3nb � W w> ° z �ww�y vory MEMORANDUM TO: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER MARK MCDONNELL, AICP, INTERIM DIRECTOR PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: December 3, 2013 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 REQUEST FOR SIDEWALK EASEMENT AND SIDEWALK DEFERRAL AGREEMENTS /1108 NORTH VISTA MAR DRIVE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of sidewalk easement and sidewalk deferral agreements along North Vista Del Mar Drive associated with the additions and alterations to the property located at 1108 North Vista Del Mar Drive. BACKGROUND The subject property is located west of Andrews Avenue and was individually listed on the Local Register of Historic Places by the City Commission on October 16, 2012. The Historic Preservation Board approved additions and alterations to the historic residence, new construction of a single -car garage, and other associated site improvements. The conditions of the approval included the approval of a 5' sidewalk easement and deferral of installation by the City Commission. The easement and deferral were supported by the Development Services Management Group (DSMG). Pursuant to the attached agreements, the owner will provide a five foot (5') wide sidewalk easement and construct the sidewalk along North Vista Del Mar Drive at its sole cost and expense at a later date, after being requested to do so by the City. The agreements have been reviewed by the City Attorney and have been approved as to form. RECOMMENDATION By motion, accept the sidewalk easement and sidewalk deferral agreements for 1108 North Vista Del Mar Drive. VII PreparedBy: RETURNTOI- R. Brian Short. Esq, City Attorney's Office 200 N.W. Ist Averue Bell Beach, Florida 33444 SIDEWAL&MLM="6X.-'MKgIENT 0 % V TFUS AGREEMENT entered into this day of 2013, • between the City of Delray each (hereinafter the "City") and Johli Grogan and Jenny Vogt 1 11 sidewalk al A60 I= %11%*& IWworth until such time as the City requests the construction of the sidewalk by the Owner, WHEREAS, Land Development Regulation Section 6.1.3(0) requires the installation of a sidewalk, on the subject property inifiEate ly M" OU %sta Del Mar North right-of-way, by the Owner prior to the issuance of a certificate of occupancy; and ADEREAS, the Owners haW M4A=A a. MMUA from the requirement of the -C installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and ■ VOISREAS, in order to provide conformity along the s voted MOT Owner construct the sidewalk, Z. IKE w7NII to UJL 1108 Vista Del Mar North. 0 gate 1. The Owner agrees 0 &MUM6M a AAAMM* at its sole cost and expense, W & subject property immediately abutting the Vista Del Mar North, within a time period that is 4 acceptabll to the City, after being requested to do so b; 116A CW. AU Agaialk, 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 0 il 11111111 �� binding on the parties legal represenk4low, loiffd� ****w"& wnd assigns. IN IWINUM %AMM&, JW Wm= f1m Ming agreement set their hands and seals th N M� AFTI 0 City Clerk Approved as to form and sufficiency- KWM*" ■ ■ 01%, IN DEL RAY BEACH, FLORIDA By: rA Cary D. Glickstein, Mayor 0 0 ■ 0 r4 0 .T. r The foregoing instMpryk wow sAwwWWA Wow am WWJ'2� 2013, by Z�—Off'YAAAOMU!1111111 RMOR 9 1582 . ............... 'ta 7 Print, Type, or to Commissioned Name of Not Public Personally Known OR Produced Identification DA z- -! Type of Identification Produced- Ae j 0 3 M: Prepared try: RETURN: R. Brian Shutt, Esq. City Attorney's Officc 200 NW I st Avenue Delrav Beach, Florida 33444 EASEMENT ;1 "I1` See Exhibit "N' Concomitant and coextensi)% with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the casement, as expressed hereinafter, 'I'll"( him W"W"* " U subject only to those easements, restriefions, conlitions and reservatisaw *f ****4. T%AA &* party of the first part agrees to provide for the release or subordina g or liens encumbering this easement- The party of the first part also *N*ww 4 o" voo SAftig or affect any other kind of construction or improvements upon the AmAftw eaq6W.4; other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like :M condition without expense to the property owner and that on" the sidewalk has been constructed to the required standards the party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. day and year first above written, STXrE OF IE�4!c4j COUNTY OF EE1 .Q f P f 8 B ■ I i ,M ■ 7 a ■ C 1 VRO i ■ 7 a ■ C 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Interim Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: November 27, 2013 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 RESOLUTION NO. 55- 13/UTILITY EASEMENT ABANDONMENT /THE GROVE AT LAKE IDA ITEM BEFORE COMMISSION The item before the Commission i s within the proposed "The Grove Abandonment of Public Easements. BACKGROUND consideration of the abandonment of a utility easement located at Lake Ida Subdivision ", pursuant to LDR Section 2.4.6(N), The utility easement was dedicated to the City by an Easement Deed recorded in Official Records Book 1856, Page 642 of the Public Records of Palm Beach County, Florida. The easement consists of a 16 foot by approximately 252 foot area that was originally dedicated as a north/south alley by a prior plat (Lake Terrace Subdivision). At the request of the property owner, the alley was abandoned by the City on November 23, 1970 (Resolution No. 70 -70) and the easement deed was recorded to retain the ability to locate utilities within the abandoned alley if needed. Required Findings: Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. There are no existing utilities located within the easement, and no utilities are planned within the easement by the developer to service the proposed "The Grove at Lake Ida" subdivision. Likewise, the City has no plans to locate utilities within this easement. The City Engineer has reviewed the abandonment request and has no objection. Abandonment of the easement will not be detrimental to the provision of utility services on adjacent properties or the general area, since the neighborhood is already serviced by existing utility systems. Pursuant to the above, a positive finding with respect to LDR Section 2.4.6(N)(5) can be made. RECOMMENDATION By motion, approve Resolution No. 55 -13 to abandon the easement as described therein, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), of the Land Development Regulations. EASEMENT AREA THE GROVE AT LAKE I DA _ PLANNING AND ZONING SUBJECT AREA EASEMENT ABANDONMENT DEPARTMENT c :1 LOCATION MAP RESOLUTION NO. 55 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY EASEMENT DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 1856, PAGE 642 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.' WHEREAS, the City of Delray Beach, Florida received an application for abandonment of a 16 foot utility easement running north and south from Northwest 12th Street to Grove Way in Delray Beach, Florida, which was dedicated by Easement Deed, as recorded in Official Records Book 1856, Page 642 of the Public Records of Palm Beach County, Florida, and as more particularly described in Exhibit "A "; and WHEREAS, the application for abandonment of a portion of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements , of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area; that its interest in the described property is no longer needed for the public good; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said easement, as more particularly described in Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the ___ day of_____ 12013 ATTEST: City Clerk MAYOR 2 RES. NO. 55 -13 SKETCH OF DESCRIPTION EXHIBIT 'A " w og8�z8" 2 3g0•'�.�. RP�U 5 6S,�g02, GB• ,,czG XJ' G.UE. (PLAT - BOOK 116 PAGES 124 -125) tn AREA TO BE ABAD i 2/ oh ON ' v~i W O W� �Lr3 v°SN No � J ��N z LL m i�° A8 Q O ti 10' G.U.E. (PLAT BOOK 116 PAGES 124 -125) B'4 2 ¢8 ORDER NO. 11 -42 'EASEMENT SHEET 1 OF I W U NOTES: THIS IS NOT A SURVEY C.A. = CENTRAL ANGLE C.B. = CHORD BEARING = CENTERLINE THE WEST LINE OF LOTS 2 AND 3 IS ASSUMED TO BEAR S.0°05'S61E DESCRIPTION.- THE WEST 16.0 FEET OF LOTS 2 AND 3, MAISON DELRAY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA T BOOK 116, PAGES 124 AND 125, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. NOTE. THIS LEGAL DESCRIPTION IS INTENDED TO DESCRIBE THE 16' UTILITY EASEMENT AS DESCRIBED IN OFFICIAL RECORDS BOOK 1856, PAGE 642, PUBLIC RECORDS OF PALM BEACH COUffiITY, FLORIDA AS SAID EASEMEN-T PASSES. THROUGH LOTS 2 AND 3 OF ; I-IE AFOEDESCRIBED PLAT OF VA /30N DELRA Y. PAUL D. ENGLE SURVEYOR & MAPP NO. 5708 DATE- OCTOBER 5, 2013 O'BRIEN, SUITER & O'BRIEN, INC. CERTIFICA TE OF AUTHORIZA TION #L B353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE DELRAY BEACH FLORIDA 33445 (561) 276 -4501 (561) 732 -3279 0 0 a MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Tracie Lutchmansingh, P.E., Assistant City Manager Randal Krejcarek, Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: December 3, 2013 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 HOLD HARMLESS AGREEMENT /2225 SOUTH OCEAN BOULEVARD ITEM BEFORE COMMISSION The item before Commission is to approve and authorize the Mayor to execute a Hold Harmless Agreement with Delray Villages By The Sea, LLC (Developer) to install/construct utilities in the State right -of -way. BACKGROUND The subject property is located on the east side of South Ocean Boulevard, south of Linton Boulevard, 2225 S. Ocean Boulevard. The location map is attached for Commission's review. Water service is being provided via a connection to the existing water main on South Ocean Boulevard which is in the State of Florida's jurisdiction. As a result, a permit from the Florida Department of Transportation (FDOT) is required (see Exhibit "A "). 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 Hold Harmless Agreement with Delray Villages By The Sea, LLC. If, \ } \� � � \% � - ,�. / / , � , 7 � � , . � \� ~ ^� � � \ \ � /` � . all If, HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT -OF -WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of V- 2013 by and between the CITY OF DELRAY BEACH, FLORIDA, 1� (hereinafter referred to as "CITY ") and 6 A\,ctc� s C= L$ .—(Le � (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: l . 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 asp, r rv` 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. S. 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. P? 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 1N 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. Glickstein, Mayor RULE 14-46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT +' zI ck,b.,+ 1 710 - 010-85 UTILITIES OGC —08110 PERMIT NO.: SECTION NO.: STATE ROAD COUNTY 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: PERMITTEE: City of Delray Beach, Environmental Services Department ADDRESS: 434 S Swinton Avenue TELEPHONE NUMBER: (561) 243 - 7322 CITY /STATEIZIP: Delray Beach, FL 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: Two 2" water services from an existing 8" water main in the FDOT right -of -way at FROM: 2225 S Ocean Blvd, Delray Beach TO: 2225 S Ocean Blvd, Delray Beach Submitted for the PERMITTEE by, Name and Company (Typed or Printed Legibly) Contact Information Address/TelephonetE -Mail (if applicable) Signature Date Brian A. Beckers, Project Manager EnviroDesign Associates, Inc. 298 NE 2nd Avenue Delray Beach, FL 33444 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 to the following utilities known to be involved or potentially impacted in the 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 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. T 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 (allure 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 RAW 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 RIW 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 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 RAW, 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 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710 - 010-65 UTILITIES UTILITY PERMIT OGC-081110 16. Pursuant to Section 337.401(2), Florida Statutes, the permit shall 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 orentered 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 change /s to the standard form? []NO ❑ YES If Yes, pages are attached. PERMITTEE Victor Majtenyi, Iterim Director of Env Services SIGNATURE INSPECTED BY: DATE: CHANGE APPROVED BY: DATE: 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 Page 2 of 2 3WWWW10M9�11 11 COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20t by �x ,r stt � (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a FL (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced C-1- L� L o ° ?I- - " (type of ident c is a ' entification and did (did not) take an oath. Signature of Notary Public- ` ��"��,• PATRICIA L. RHODES State of Florida Notary Public - State OS Florida • My Comm. Expires Feb 9, 2014 'Nq� ate` Commission # EE 88279 �.«0'• Bonded Through National Notary Assn, 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 AMENDMENT NO.3 TO THE INTERLOCAL AGREEMENT/ CRA/ CONSTRUCTION PROFESSIONAL SERVICES FY 2012 -2013 ITEM BEFORE COMMISSION The item before Commissioin is to approve and execute Amendment No. 3 to the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for funding of Construction/Professional Services for Fiscal Year 2012/2013, to modify Exhibit "A ", to reflect the actual amount of funding provided by the CRA for the projects at the end of FY 2012 -2013. BACKGROUND On November 21, 2013, the CRA Board approved the attached Amendment No. 3 to the Interlocal Agreement in which the CRA provided funding for professional services and construction for various projects contained within the City's 2013 -2017 Capital Improvement Program (CIP). Exhibit A of the attached agreement includes projects that were funded in FY 2012 -2013. RECOMMENDATION Staff recommends approval of Amendment No. 3 to the Interlocal Agreement between the City and the CRA for Funding Construction/Professional Services FY 2012 -2013. AMENDMENT NUMBER THREE TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION /PROFESSIONAL SERVICES FY 2012 -2013 THIS AMENDMENT NUMBER THREE TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTION /PROFESSIONAL SERVICES 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 public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA "). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding of Construction /Professional Services on September 28, 2012 (the "Original Agreement "); and WHEREAS, on December 13, 2012, the CITY and the CRA entered into the First Amendment to the Original Agreement in order to amend Exhibit "A" to the Original Agreement, to provide for funding for Block 20 Alley improvements and the funding for the Pompey Park Concession Stand (the "First Amendment "); WHEREAS, on May 9, 2013, the CITY and the CRA entered into the Second Amendment to the Original Agreement in order to amend Exhibit "A" to the Original Agreement, to provide for an increase in the amount of funding for Item P. City Project Number 2011 -067 (NE 2nd Ave /Seacrest Beautification) from $110,000 to $150,000, to modify Item O: Parking Study Implementation - Block 117 — Garage Plan to include City Project Number 2013- 067 (Parking Study Implementation — OSS Garage Meters) in the amount of $75,800, and reduce the amount of funding for City Project Number 2013 -594 from $50,000 to $24,200, (the "Second Amendment "); WHEREAS, the CITY and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the First and Second Amendment, to reflect the actual amount of funding provided by the CRA for the projects listed in Exhibit "A" at the end of FY 2012 -13 in conjunction with the CRA's final Budget Amendment for FY 2012 -13. 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 and the CRA desire to further amend Exhibit "A" to the Original Agreement, as previously amended by the First and Second Amendment, to reflect the actual amount of funding provided by the CRA at the end of FY 2012 -13 for the projects listed in Exhibit "A" in conjunction with the CRA's final Budget Amendment for FY 2012 -13. 3. Exhibit "A" to the Original Agreement is hereby amended as provided in Exhibit "A ", which is attached to this Third Amendment, and incorporated herein by reference. 4. All other terms and conditions of the Original Agreement, as amended by the First Amendment and Second Amendment, not in conflict with this Third Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director CITY OF DELRAY BEACH, FLORIDA M Cary D. Glickstein, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Howard Lewis, Chair H:\ GOV CLIENTS \DBCRA 655 \060018 DBCRA\AGMT 2013 \Second Amendment to ILA - Construction Professional Services Funding FY- 12- 13.docm EXHIBIT "A" Fiscal Year 2012 -2013 Projects City Project # Project Name Amount of CRA Funding 2009 -041 Atlantic Avenue Gateway Feature $ 0 B 2012 -051 Swinton & Atlantic Intersection $ 0 C 2012 -623 NE 1St Avenue Streetscape Improvements —NE 1StSt/NE 2 nd St $ 1,876.27 D 2009 -006 Blocks 19 & 20 Alley Improvements $ 122,065.00 E 2011 -009 Block 32 Alley $ 0 F 2010 -041 NW 12 th Ave — Atlantic to MLK $ 0 G 2011 -024 NE 3 St/Ave Streetsca e & Alley Improvements $ 0 H 2004 -006 SE & NE 1St St- One-Way Pair Conversion $ 46,857.08 1 2010 -039 SW 2n Street Beautification $ 837,964.44 J 2010 -027 Bus Shelters $ 0 K 2011 -017 Fire Headquarters Public Plaza $ 454.08 L 2013 -604 SE 2 nd St (Swinton — SE T Ave), SE 2 nd Ave & Alleys Blk 87 $ 0 M 2013 -597 Osceola Park Alleys Phase 2 $ 95,209.53 N 2013 -550 Downtown Tree Grate Replacement $ 110,660.00 O 2013 -594 Parking Study Implementation Block 117 - Garage Plan $ 24,200.00 2013 -067 Parking Study Implementation (OSS Garage Meters $ 0 P 2011 -067 NE 2n Ave /Seacrest Beautification $ 149,201.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: November 25, 2013 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 CHANGE ORDER NO. 1/ ROSSO SITE DEVELOPMENT, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 1, for a contract time extension of twenty -eight (28) days; and approval for the installation of drainage structures, pipe and sidewalk removal and replacement in the amount of $13,127.72, to be paid out of the contract's Undefined General Allowance, to Rosso Site Development, Inc., for the Osceola Alleys Phase I Project #12 -080. BACKGROUND On July 9, 2013, Commission approved a contract award in the amount of $135,982.23 to Rosso Site Development, Inc. The scope of the project consists of the construction of asphalt paving of approximately 1,820 square yards of unpaved alleys and approximately 1,250 linear feet of valley gutter, construction of 6" deep roadside swales and the implementation of associated maintenance of traffic. On October 14, 2013 the Assistant Finance Director approved the cost of $1,737.75, for Rosso Site Development, Inc. to provide construction material testing for the project; to be paid out of the contract's Undefined General Allowance. The additional scope is required to provide drainage improvement where the alleys connect to the roadways. Attached, please find the cost details on Exhibit "A" to CO #1. FUNDING SOURCE Funding is available from the Contract's Undefined General Allowance; which has a balance of $13,262.25. RECOMMENDATION Staff recommends approval of Change Order No. 1, for a contract time extension of twenty -eight (28) days; and approval for the installation of drainage structures, pipe and sidewalk removal and replacement in the amount of $13,127.72, to be paid out of the contract's Undefined General Allowance, to Rosso Site Development, Inc., for the Osceola Alleys Phase I Project. CHANGE NO. I CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 12 -080 DATE: PROJECT TITLE: Osceola Alleys Phase I TO CONTRACTOR: Rosso Site Development, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: A twenty -eight (28) day contract time extension; needed to complete additional scope for the installation of drainage structures, pipe and sidewalk removal and replacement, in the amount of $13,127.72, to be paid out of the contract's Undefined General Allowance; required to provide drainage improvement where the alleys connect to the roadways. Costs are detailed on the attached Exhibit "A ". SiJ11RvIARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $135,982.23 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $135,982.23 COST OF CONSTRUCTION CHANGES THIS ORDER $ .00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $135,982.23 PERCENT INCREASE THIS CHANGE ORDER 0% TOTAL PERCENT INCREASE TO DATE 0% TOTAL CONTRACT TIME WILL BE INCREASED BY 28 DAYS 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. Rosso Site Development, 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 DELRAY BEACH, FLORIDA By: Mayor ATTEST: By: City Clerk SiTngAdmioTmjeats 12012112- 0861OFFICIALICO 1 Rosso Site Dev Lune extension Osceola Alleys GC 121013_docx 100411121 "031N e r .espec My request the follo- wing chanEE 1. Type C IhI t. 2.0 EA $ 2,755.511 5,511,00 . 2. 1511 RCP 22:40 LF ; S 83:50 S 1,837.02 3. Remove Palm 1.00 EA S 400.00.. S 40.011 4. Remove Existin- Rack Resub de, Rerock 25.40 SY $ 127.59 S 3.189.70 5.. Remove and Replace Sidewalk 30,00 LF S 73.00. 2,190.00 TOTAL. 13,E 27,72 N. otcs(Exelusidns; Vie would Like to request 4 weeks - additional time November 26, 2013 Construction Project Detailed Allowances Spreadsheet Project Information: Osceola Alleys Phase I PIN 12080 Consultant Rosso Site Development, Inc. Additional Information: In addition to the above items; the following has-been added to the Contract: None Additional Project Expenses Not Added to the Contract: Contract Allowance Current Allowance Item Allowance Date Date Amount Amount Balance Requested A„ pproved Line Item #13 - Unidentified Genera[ Allowance $15,000.00 $0.00 $15,000.00 Provide construction material testing. Approved by Assistant Finance Director $1,737.75 $13,262.25 10/10/2013 10/15/2013 10114/13. TOTAL ALLOWANCE AMOUNTS $15,000.00 $1,737.75 $13,262.25 Additional Information: In addition to the above items; the following has-been added to the Contract: None Additional Project Expenses Not Added to the Contract: D Q O Q S. E. 5TH ST. U Li S. E. 6TH LLJ LLJ LLJ > > > Q Q Q E CD I M O N CD S. E. 7TH CD o 0 .o U d 0 7-4z I EVIALK 0 0 = cm CL N 0 0 O 0 N I O N N .o S. E. 8TH / 0 0 U i CITY of DELRAY BEACH OSCEOLA PARK ALLEYS DATE:12/04/2013 s LOCATION MAP iz —aso ENVIRONMENTAL SERVICES DEPARTMENT � 434 80UiH 8WNTON AV9�lIE, DELRAY BEACH, ROFiDA 33444 LOCATION MAP l 1�' O f O f MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman Jr., City Manager DATE: December 3, 2013 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 LANDSCAPE MAINTENANCE AGREEMENT /924 SOUTH OCEAN BOULEVARD ITEM BEFORE COMMISSION The item before City Commission is approval of the Landscape Maintenance Agreement between the property owner and the City for landscape installation within the right -of -way of 924 South Ocean Boulevard. BACKGROUND The property owner is proposing to build a new single family home at 924 South Ocean Boulevard. As part of this development, the owners would like to install landscaping within the right -of -way. The proposed landscaping will consist of flowering shrubs and groundcovers. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. The proposed plant material is not substantial and can be removed if the need occurs. RECOMMENDATION Staff recommends the City Commission approve the owner's request to install the proposed plants in the City right -of -way by executing the Landscape Maintenance Agreement. Y m I R I G1 - u • x w EM • Am—haw p ■ .• SCSI J y . 5 n N ■ 1 ■ IN f .. ■ ► 14 ■ a YI ■ i ■ ■ V ■ ■ ■ A i f °- N ■ x = it i YY ■ 1 yS ■ ■ ■ S ■ I ■ r EN ■ x ■ ■ Iq' IN Id Ell x � c ■ 5' F ■ _ V ■ ■ ■ 1 ■ V ■■ S ■ r'S N ■ N � ■ ■ ■ ■ ■ it _ O ' 11 F ■ r 5� ■ O '. ■ ■ ■ ■ � y ■ II _ w 1 A._ ■ o- Y • ■ 111 . ■ o c ■ ■ ■ ei /: • ■ �1 ' �° �: SRr _ �� ■ • a ■./� .11 ~ ~•r'rgIle �7—�'■ . �:L y ' • i� 4� s■ II ~ tii■ r. n �• � ■ �% "I YI ■ ■ 1: u ° � 1 ■° . �y x.1;& 1 1 ■ r. - x R ■ ■ ■ ■ . . a A ■ WE ��i� •L■e n 11 �ti L • K - f • 6 =IM } _ — .. <s- �- �<.c- �,>'sssF= .n. -_•K �.a� � o u y �-. .�.;n.:e_ rx.��..�� »� - :::- '.rmr>_�tw�t:ll usn %r -. �.; .,U../I. �^ s :� =-ul = v�.�- c= o-:.�- __.rr. -�-.� •, - �I : � � _ .ar.- pus <:..� I _ rK lj A . V � 1 I: -, ■ ~�N 11 X11 I r. I Y III R _ �II w II' u Y a r � •Y - V ■ ■ Ir ■ 11 :I N T ■ S I. ■ ■ ��+ F ■ ■■J ��IIIp11 S :4 :1i A IMM�� f m A . V � 1 I: -, ■ ~�N 11 X11 I r. I Y III R _ �II w II' u Y a r � •Y - V ■ ■ Ir ■ 11 :I N T ■ S I. ■ ■ ��+ F ■ ■■J ��IIIp11 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: December 3, 2013 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 LANDSCAPE MAINTENANCE AGREEMENT: DELRAY PLACE LLC. ITEM BEFORE COMMISSION Request City Commission approval of the Landscape Maintenance Agreement between the property owner and the City for landscape installation within the right -of -way of Eve Street. BACKGROUND Delray Place is located at the southeast corner of Linton Boulevard and Federal Highway. The site plan and corresponding landscape plan have been previously approved by City Commission and are certified by Planning and Zoning. These plans included landscaping in the right -of -way of Eve Street, which borders the south side of the subject property. The proposed landscaping will consist of flowering trees, small palms and understory plantings. The owner has agreed to maintain the plant material for perpetuity and has submitted a signed City of Delray Beach Landscape Maintenance Agreement. The proposed plant material is not substantial and can be removed if the need occurs. RECOMMENDATION Staff recommends the City Commission give favorable consideration to the owner's request to install the proposed plants in the City right -of -way by executing the Landscape Maintenance Agreement. r— ■. • -'? =?-� �:.r�_. -' -- -.�.Lw -� ..r s -r �•. ,,t;- m= - - — - - - -- rs _r ` i - ;6 :�r1��.3•i . - ay .:SiJ,-,� .. L� I�. E r 1I I ■ ■ 11 i 1 • � i li ■ pp• '1 • 1 E5 ■ S� � n: e ■ _ n ■ ■ •rly�•w � c S =�. ■ .• ••" a_ • n ■ _n ' �• �« * M • �� a. -■ ■- ■' .y .� Z n• Ali• . • � • ■ ar ■ N .� f 'r cr x � � �Ylrrc. r . �_a n . • i sue, � R ■ : �� r e - '. �■ •• � , • � - ,;y r a[ ■ w y e II r 1I I ■ ■ 11 i 1 • � i li ■ pp• '1 • 1 E5 ■ S� � n: e ■ _ n ■ ■ •rly�•w � c S =�. ■ .• ••" a_ • n ■ _n ' �• �« * M • �� a. -■ ■- ■' .y .� Z n• Ali• . • � • ■ ar ■ N .� f 'r cr x � � �Ylrrc. r . �_a n . • i sue, � R ■ : �� r e - '. �■ •• � , • � - ,;y r a[ ■ w k h a• � .h I n,g, of 3 pp E • III - ` qM, � ! iii '�_ srFr,r9�ap{ 4 :E � iirr r � irll� • '�'� ot s & Z_ — JL • � ,� i, � 1, �� : � ry H's. 6 s.; 6 "N�d k �Es f� MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: December 4, 2013 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 AGREEMENT FOR CONSULTING/ PROFESSIONAL SERVICES/ INTERNATIONAL ENTERPRISE DEVELOPMENT ITEM BEFORE COMMISSION The item before Commission is to approve the Micro Enterprise Technical Assistance Consulting Agreement with International Enterprise Development, Inc. in the amount of fifty- thousand dollars ($50,000). BACKGROUND At the June 30, 2013 regular meeting, the City Commission agreed to enter into an Interlocal Agreement with the Community Redevelopment Agency (CRA) to establish the Delray Beach Micro Enterprise Program providing for technical assistance and loan funds to eligible business owners. The City issued a Request for Qualifications (RFQ) on October 13, 2013 for the technical assistance component of the program. International Enterprise Development, Inc. (IED) has been selected to provide micro enterprise technical assistance and training to businesses and residents within the Community Development Block Grant (CDBG) and CRA target areas. At least 51% of the jobs created must be made available to or held by low - moderate - moderate income persons. The funding of $50,000 provided under this Agreement is from the CDBG and CRA. International Enterprise Development, Inc. will provide the following specified business services and performance measures: 1. Assist micro enterprises defined as commercial enterprises that have five or fewer employees, one or more of whom owns the enterprise (24 CFR 570.3). 2. Conduct community outreach initiatives and provide resource needs assessments within the Delray Beach CDBG and CRA target areas. Outreach will include, but not limited to, churches, community centers, library, civic and neighborhood associations. 3. Provide small business training seminars aimed at assisting businesses start, growth and opportunity to succeed (at no cost to clients). 4. Provide one -on -one consultations to individual clients to include technical assistance, advice, and business support services to owners of micro enterprises and persons developing micro enterprises (24CFR 570.201(0)(1) located in the City of Delray Beach. CDBG Program regulations, under Federal Regulations 24 CFR 570.503, require written agreements prior to the disbursement of funds to sub - recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Funding is available from 118- 1965 -559 -49.59 (Community Development Block Grant (CDBG)) for $25,000 and 118- 1930 -559 -49.59 (Community Redevelopment Agency (CRA)) for $25,000. RECOMMENDATION Staff recommends approval and execution of the Micro Enterprise Technical Assistance Consulting Agreement with International Enterprise Development, Inc. in the amount of fifty- thousand dollars ($50,000). AGREEMENT FOR CONSULTING/PROFESSIONAL SERVICES This Agreement is made as of the day of 2013 (the "Effective Date "), by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY "), and International Enterprise Development, Inc.., a not - for - profit Florida Corporation, hereinafter referred to as the CONSULTANT, whose Federal I.D. is 65- 0726010. In consideration of the mutual promises contained herein, the CITY and the CONSULTANT agree as follows: ARTICLE 1 - SERVICES The CONSULTANT'S responsibility under this Agreement is to provide professional /consulting services in the area of microenterprise development meeting the U.S. Department of Housing and Urban Development's definition of microenterprise (24 CFR 570.201(o)(1)) and meeting a national objective in that at least 51% of the jobs created through this Agreement must be held by, or made available to low- and moderate - income persons, as more specifically set forth in the Scope of Work detailed in Exhibit "A ". The CITY'S representative /liaison during the performance of this Agreement shall be Nigel Roberts, Neighborhood Services Administrator, (561) 243 -7280, or robertspn4mydelraybeach.com. The CONSULTANT'S representative /liaison during the performance of this Agreement shall be Dr. Lynn Allison, (561) 742 -1234, or drlynnas(a�,mail.com. ARTICLE 2 - SCHEDULE The CONSULTANT shall commence services on December 15, 2013 and complete all services by December 14, 2014. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Exhibit "A ". ARTICLE 3 - PAYMENTS TO CONSULTANT A. The total amount to be paid by the CITY under this Agreement for all services and materials including, if applicable, "out of pocket" expenses shall not exceed a total Consultant Agreement FY2013/2014 1 Agreement amount of Fifty Thousand Dollars ($50,000.00). The CONSULTANT shall notify the CITY's representative in writing when 90% of the "not to exceed amount" has been reached. The CONSULTANT will bill the CITY on a monthly basis, not to exceed Six Thousand Dollars ($6,000.00). Invoices shall be accompanied by a monthly status report as required by Exhibit "A ", and fully executed copies of Exhibit "B ", Exhibit "C ", Exhibit "D" and Exhibit "E ". B. Invoices received from the CONSULTANT pursuant to this Agreement will be reviewed and approved by the CITY's representative, to verify that services have been rendered in conformity with the Agreement. Approved invoices will then be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the CITY representative's approval. C. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final /last billing to the CITY. This shall constitute CONSULTANT'S certification that all services have been properly performed and all charges and costs have been invoiced to Palm Beach CITY. Any other charges not properly included on this final invoice are waived by the CONSULTANT. D. The CONSULTANT hereby covenants and agrees to comply with the job creation goals established in Exhibit "A" for the term of the Agreement. If for any reason the CONSULTANT fails to comply with the job creation requirements, the CONSULTANT shall repay the full value of this grant, unless otherwise approved by CITY. The provisions of this clause shall survive the expiration of this Agreement. ARTICLE 4 — TRUTH IN NEGOTIATION CERTIFICATE Signature of the Agreement by CONSULTANT shall also act as the execution of a truth -in- negotiation certificate certifying that the wage rates, over -head charges, and other costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT'S most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this Article 4 within three (3) years following final payment. ARTICLE 5 - TERMINATION This Agreement may be terminated by the CONSULTANT upon sixty (60) days prior written notice to the CITY's representative in the event of substantial failure by the CITY to perform in accordance with the terms of this Agreement through no fault of the CONSULTANT. It may Consultant Agreement FY2013/2014 2 also be terminated, in whole or in part, by the CITY, with or without cause, upon thirty (30) days prior written notice to the CONSULTANT. Unless the CONSULTANT is in breach of this Agreement, the CONSULTANT shall be paid for services rendered to the CITY'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the CITY the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work to the CITY. ARTICLE 6 - PERSONNEL The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereinunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. Any changes or substitutions in the CONSULTANT'S representative must be made known to the CITY'S representative and written approval must be granted by the CITY's representative before said change or substitution can become effective. The CONSULTANT warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. All of the CONSULTANT'S personnel (and all Subcontractors) while on CITY premises will comply with all CITY requirements governing conduct, safety and security. ARTICLE 7 — SUBCONTRACTING The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. The CONSULTANT is encouraged to seek additional small business enterprises for particular in subcontracting opportunities. If the CONSULTANT uses any subcontractors on this project the following provisions of this Article shall apply: If a subcontractor fails to perform or make progress, as required by this Agreement, and it is Consultant Agreement FY2013/2014 3 necessary to replace the subcontractor to complete the work in a timely fashion, this CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the CITY. The CONSULTANT agrees to abide by all provisions of the CITY's Micro Lending Program and understands that failure to comply with any of the requirements will be considered a breach of Agreement. The CONSULTANT understands the requirements to comply with the tasks and proportionate dollar amounts throughout the term of the Agreement as it relates to the uses. The CONSULTANT agrees to maintain all relevant records and information necessary to document compliance any revisions thereto, and will allow the CITY to inspect such records. ARTICLE 8 - FEDERAL AND STATE TAX The CITY is exempt from payment of Florida State Sales and Use Taxes. The CITY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the CITY, nor is the CONSULTANT authorized to use the CITY'S Tax Exemption Number in securing such materials. The CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Agreement. ARTICLE 9 - AVAILABILITY OF FUNDS The CITY'S performance and obligation to pay under this Agreement for subsequent fiscal years are contingent upon annual appropriations for its purpose by the CITY Commissioners and CRA Board. ARTICLE 10 - INSURANCE A. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages and limits (including endorsements), as described herein. CONSULTANT shall agree to provide the CITY with at least ten (10) day prior notice of any cancellation, non - renewal or material change to the insurance coverages. The requirements contained herein, as well as CITY'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 Agreement. Consultant Agreement FY2013/2014 4 B. Commercial General Liability CONSULTANT shall maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by CITY's Risk Management Department. CONSULTANT shall provide this coverage on a primary basis. C. Business Automobile Liability CONSULTANT shall maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Accident for all owned, non - owned and hired automobiles. In the event CONSULTANT doesn't 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 provide this coverage on a primary basis. D. Worker's Compensation Insurance & Employers Liability CONSULTANT shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall provide this coverage on a primary basis. E. Additional Insured CONSULTANT shall endorse the CITY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "CITY of Delray Beach, a Municipality of the State of Florida, its Officers, Employees and Agents and CRA, a public body corporate and politic, its Officers, Employees and Agents." CONSULTANT shall provide the Additional Insured endorsements coverage on a primary basis. F. Waiver of Subrogation CONSULTANT hereby waives any and all rights of Subrogation against the CITY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement to the policy, 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 and CITY, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which specifically prohibits such an endorsement, or which voids coverage should CONSULTANT enter into such an agreement on a pre -loss basis. G. Certificates) of Insurance Prior to execution of this Agreement, CONSULTANT shall deliver to the CITY'S representative as identified in Article 26, 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 Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage. The certificate of insurance shall be issued to: Consultant Agreement FY2013/2014 5 CITY of Delray Beach C/o Nigel Roberts Community Improvement Department Neighborhood Service Division 100 NW 1st Avenue North Delray Beach, Florida 33444 H. Umbrella or Excess Liability If necessary, CONSULTANT may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, and 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 Employer's Liability. The CITY 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. I. Right to Review CITY, by and through its Risk Management Department, in cooperation with the contracting /monitoring 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 term of this Agreement. CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ARTICLE 11 - INDEMNIFICATION CONSULTANT shall protect, defend, reimburse, indemnify and hold CITY, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their performance of the terms of this Agreement or due to the acts or omissions of CONSULTANT. ARTICLE 12 - SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the CITY nor the CONSULTANT shall assign, convey or transfer its interest in this Agreement without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. Consultant Agreement FY2013/2014 6 ARTICLE 13 - REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 14 - CONFLICT OF INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The CONSULTANT further represents that no person having any such conflict of interest shall be employed for said performance of services. The CONSULTANT shall promptly notify the CITY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULTANT'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion by certified mail within thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the CITY shall so state in the notification and the CONSULTANT shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the CONSULTANT under the terms of this Agreement. ARTICLE 15 - EXCUSABLE DELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONSULTANT or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon the CONSULTANT'S request, the CITY shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT'S failure to perform was without it or its subcontractors fault or negligence, the Agreement Schedule and /or any other affected provision of this Agreement shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at any time. Consultant Agreement FY2013/2014 7 ARTICLE 16 - ARREARS The CONSULTANT shall not pledge the CITY's credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CONSULTANT shall deliver to the CITY's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the CITY under this Agreement. To the extent allowed by Chapter 119 Florida Statue all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the CITY's prior written consent unless required by a lawful court order. All data base, reports and other data developed, or purchased, under this Agreement for or at the CITY's expense shall be and remain the CITY's property and may be reproduced and reused at the discretion of the CITY. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. Notwithstanding any other provision in this Agreement, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the City of Delray Beach, as may be amended. ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the CONSULTANT'S sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the CITY shall be that of an Independent Contractor and not as employees or agents of the CITY. The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or representation. Consultant Agreement FY2013/2014 8 ARTICLE 19 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 20 - ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The CITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of business. ARTICLE 21 - NONDISCRIMINATION The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression. ARTICLE 22 - AUTHORITY TO PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the CITY's representative upon request. ARTICLE 23 - SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 24 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132 -133, by entering into this Agreement or performing any work in furtherance hereof, the CONSULTANT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months Consultant Agreement FY2013/2014 9 immediately preceding the date hereof. This notice is required by F.S. 287.133(3) (a). ARTICLE 25 - MODIFICATIONS OF WORK The CITY reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT of the CITY's notification of a contemplated change, the CONSULTANT shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3) advise the CITY if the contemplated change will affect the CONSULTANT'S ability to meet the completion dates or schedules of this Agreement. If the CITY so instructs in writing, the CONSULTANT shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the CITY's decision to proceed with the change. If the CITY elects to make the change, the CITY shall initiate an Agreement Amendment and the CONSULTANT shall not commence work on any such change until such written amendment is signed by the CONSULTANT and approved and executed on behalf of CITY. ARTICLE 26 - NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the CITY, notices shall be addressed to: With copy to: Lula Butler, Director Community Improvement Department Neighborhood Services Division 100 NW 1st Avenue Delray Beach, Florida 33444 Brian Shutt, Esquire CITY Attorney's Office 100 NW 1st Avenue Delray Beach, Florida 33444 If sent to the CONSULTANT, notices shall be addressed to: Dr. Lynn Allison International Enterprise Development, Inc 6260 N. Ocean Blvd., Ocean Ridge, Florida 33435 Consultant Agreement FY2013/2014 10 ARTICLE 27 - ENTIRETY OF CONTRACTUAL AGREEMENT The CITY and the CONSULTANT agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 25 - Modifications of Work. ARTICLE 28 - REGULATIONS; LICENSING REQUIREMENTS: The CONSULTANT shall comply with all laws, ordinances and regulations applicable to the services contemplated herein including those applicable to conflict of interest and collusion. CONSULTANT is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. ARTICLE 29- PALM BEACH COUNTY LOBBYIST REGISTRATION ORDINANCE The CONSULTANT and its board members shall be prohibited from lobbying as defined under the Palm Beach County Lobbyist Registration Ordinance, Ordinance 2003 -018 (effective July 1, 2003) for any project under consideration by the CITY. ARTICLE 30- FEDERAL REQUIREMENTS A. The CONSULTANT shall ensure that all activities funded under this Agreement meets one of the following national objectives; low /moderate limited clientele; low /moderate income jobs, or low /moderate income area benefit. B. The CONSULTANT shall ensure that at least 51% of the jobs created must be made available to or held by low - moderate - moderate income persons. The funding provided under this Agreement is from CITY Community Development Block Grant (CDBG) funding. When CDBG funds are used to carry out activities for the purpose of creating jobs, the requirement is met by aggregating the jobs created by all microenterprises for which CDBG assistance is obligated for such activities during the Agreement term (24 CFR 580.483). C. Where CDBG funds are used to carry out activities in a census tract and /or block group with poverty rates of at least 20 %, it is a presumption that the jobs created qualify as low to moderate income (24 CFR 570.208 (a)(4)(v)(A). D. The CONSULTANT shall complete the environmental review and clearance procedures of which the activity is a part, as set forth in 24 CFR Part 58. E. The CONSULTANT shall certify that, at least 51% of all jobs created will be held by low Consultant Agreement FY2013/2014 11 and moderate income persons, as most recently defined by the U. S. Department of Housing and Urban Development (HUD). Low and moderate income status is based on the person's income and household size at the time of hire and is not affected by subsequent raises or promotions. F. The CONSULTANT shall maintain proper documentation to verify compliance with 24 CFR 570.901. G. The consultant shall maintain at least fifty -one (5 1) percent of the jobs created under the terms of this Agreement, must be for residents who reside in Delray Beach. ARTICLE 31- GENERAL INSPECTPR A. 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. B. CONSULTANT shall comply with all public records laws in accordance with Chapter 119, Flat. 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 shoal be transferred to the CITY prior to final payment being made to the Bidder. 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. THE REMAINDER OF THE PAGE LEFT BLANK INTENTIONALLY Consultant Agreement FY2013/2014 12 Consultant Agreement FY2013/2014 13 IN WITNESS WHEREOF, the CITY has made and executed this Agreement on behalf of the CITY and CONSULTANT has hereunto set its hand the day and year above written. ATTEST: City Clerk Seal APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney WITNESS: By: Signature Name (type or print) Signature CITY OF DELRAY BEACH By: Mayor CONSULTANT: By: Signature Typed Name Name (type or print) Title (corp. seal) Consultant Agreement FY2013/2014 14 EXHIBIT "A" SCOPE OF SERVICES Task IA — Business Services for Microenterprises The CONSULTANT has been awarded CDBG /CRA funds to assist with Microenterprise technical assistance and training to businesses for eligible residents and businesses in Delray Beach. Services shall be provided at various venues in Delray Beach. At least 51% of the jobs created must be made available to or held by low- moderate - moderate income persons. The funding provided under this Agreement is from CITY Community Development Block Grant (CDBG) and CRA funding. When CDBG funds are used to carry out activities for the purpose of creating jobs, the requirement is met by aggregating the jobs created by all microenterprises for which CDBG assistance is obligated for such activities during the Agreement term (24 CFR 580.483). International Enterprise Development, Inc., shall provide the specified business services and performance measures below: 1. Assist microenterprises defined as commercial enterprises that have five or fewer employees, one or more of whom owns the enterprise (24 CFR 570.3). 2. Conduct community outreach initiatives and provide resource needs assessments within the Delray Beach CDBG and CRA Target areas. Outreach will include churches, community centers, library, civic and neighborhood associations, etc. 3. Provide small business training seminars aimed at assisting businesses start, grow and succeed. (at no cost to clients) 4. Provide one -on -one consultations to individual clients to include technical assistance, advice, and business support services to owners of microenterprises and persons developing microenterprises (24CFR 570.201(o)(1) located in the City of Delray Beach. 5. Provide business assistance that results in the businesses assisted creating a minimum of two 2 Full Time Equivalent (FTE) jobs where 1 FTE = 2080 hours of employment per year or two or more job positions that together total 2,080 hours per year for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. The CONSULTANT will request that assisted businesses register said jobs with and consider applicants referred by Palm Beach County Workforce Alliance. A sole proprietorship working full time, and partnerships with each partner working full time, may also be considered as FTEs. Consultant Agreement FY2013/2014 15 6. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). International Enterprise Development, Inc., shall provide: a. Each seminar /session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminar /session). b. Provide any additional project information or statistics that may be requested by HUD or the CITY. c. Maintain a valid Data Universal Numbering System (DUNS) number and System for Award Management (SAM) registration for the entire period of agreement. Task 1A — Reporting Deliverables CONSULTANT shall provide a detailed monthly report to be accompanied by each invoice, which shall include at a minimum the following information: 1. Name of Company 2. Company Address 3. Industry Type (NAICS Code) 4. Census Tract or Block (If poverty rate is 20% or higher) 5. Number of Employees & Initials 6. Job Title 7. Employee Zip Codes 8. Date Hired 9. Salary at Time of Hire 10. Full Time or Part Time 11. Low - Moderate Income Level 12. Present Employee 13. Date Terminated 14. For Jobs Created During Agreement Period: Name of Company, Full Time or Part Time, Employee Initials, Job Title, Employee Address, PCN, Date of Hire, Salary at Time of Hire, Family Household Income, No. of Household, Low - Moderate Income Level, Present Salary, Present Employment and Date of Termination. Consultant Agreement FY2013/2014 16 EXHIBIT `B" LETTERHEAD STATIONERY DATE: TO: Nigel Roberts, NS Administrator Community Improvement Department 100 NW 1st Avenue Delray Beach, Florida 33444 FROM: Consultant's Name. SUBJECT: Reimbursement Request No.- Agreement No.- Attached, you will find Invoice # , requesting reimbursement for $_ expenditures for this invoice covers the period of through The You will also find attached, a cumulative monthly report relating to the expenditures being involved. Approved for Submission: Consultant Agreement FY2013/2014 17 E v z m m x m W C O V a ti O N m ti O N } LL C CN G N N C f0 7 C 0 V EIIIIIIIIIIIIIIIIIIIIIIIIII tIIIIIIIIIIIIIIIIIII ,1111111111 a ti O N m ti O N } LL C CN G N N C f0 7 C 0 V k � k ƒ } \ E $ / \ \ \ / � � / \. ) x \ \ / � 0 § k u 0 Q m \\ � \ / \ \ \ ( \ \ ( @ ) /) \� \ /\ /J \ /• / \ § / ) ( ) ) \ ( / as 6 / £ )f)/ � {may j y / \ / ( 3 \C» \/ƒ \� zE g \ 0 \� /\ \4 \A G \ § / ) ( ) ) \ ( / EXHIBIT "E" Record of Employee Hiring for HUD and Economic Development Compliance Oct. 1, 2013 thru Sept. 30, 2014 (Business Name) Employee Name: Employee Home Address and Parcel Control Number: The first two digits of the 17 digit Parcel Control Number (PCN) xx- xx- xx- xx- xx- xxx -xxxx help to find out if the location is in or outside the CITY target area. If the first two digits of the PCN is notl2, then the location is outside the CITY Entitlement area. The first two digits of the PCNs for the following cities are: Job Title: Salary: Fringe Benefits: Date of Hire: Delray Beach: 12 Date of Termination: Still Employed: YES or NO Please circle below income status at time of Hire: OR Number of Persons in Household: Family/Household Income: $ Identify documentation used to establish very-low, low and moderate income status at time of hire. Retain copies of that documentation in CONSULTANT files for three (3) years for future CITY or Federal Audits. Specify documentation: Signature of Employer and/or Employee Consultant's Agreement FY2013/2014 20 Date C ++ 3 w C O V a O m w o rarro t7 LL :3 T I- M ai W Q L V 0 L Lin Ln M O H O � � d 00 00 CC W cl kn O 00 00 w en it O Q� 00 CtS W N i+ 0 rN W �I W i-d Ty I�1 N a ° a� � MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pybum, Assistant City Attorney THROUGH: R. Brian Shutt, City Attorney DATE: December 6, 2013 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 TRIPARTITE INTERLOCAL AGREEMENT /CRA/SCHOOL BOARD OF PBC ITEM BEFORE COMMISSION A Tripartite Interlocal Agreement between the City of Delray Beach, the Delray Beach Community Redevelopment Agency and the School Board of Palm Beach County, Florida for the Eagle Nest Program Project #3 at Atlantic High School Career Academy. BACKGROUND Pursuant to the attached Agreement, the CRA shall give the City $150,000 which the City shall disburse to the Eagle Nest Construction Fund so that the School District, through its Eagle Nest Program, can construct a home on property that the CRA is selling to the City located at 108 -110 NW 12th Avenue (the Purchase and Sale Agreement is attached as Exhibit "D "). The City shall be responsible for disbursing funds intermittently, as needed, during construction and for providing a first time home buyer for the Eagle Nest House through its First Time Homebuyer Program. The term of this Agreement is 36 months from the date of the commencement of construction. It may be extended for an additional 12 months upon consent of all parties. RECOMMENDATION The City Attorney's Office recommends City Commission approval. .W I r.RFFUF P.AELM emen W I T N E S S ET H: NVINIMM, QMMMWWy partnerships are encouraged to provide qmpWr educat*wld qpVW*wmM 4 Virdents and to promote the attainment of "real-woo" 7M which M NEW, HIM CRA, and the SCHOOL DISTRICT and Paint W**4 CountS; "4 14MIMMM, MW I Omho% "A %refit when students learn the construmim mW& "mnM 01 M WoLmOr, sM %41499-E-77M, 0% ommAmbn WIM", tmmnWl� Is ability to give its supoW JM materialk, *0 MA mW MAP So ju*9*4b #ool Mw **nstruction industry, but If #v PARTIEW iw#%4ft On akwiwft " ft znWwi&)n industry will be plap% aa 0 important part in providing an affordable/workforce housing opportunity to 11 family in need; and IFOERMP, ft AgMm, as provided for in thO WpoomM 9 amuSEW M '1110 bmW MMA W*Afi6wMIfi Redevelopment Ageno�i Ao&wW4p*Po* WT,**, Nolk" w**m Fu KRA's Community RedezjMWrmft Vm, aW grim a a�lclp ENRLM061IRM,-and NOW, THEREFORE, for the Mutual Promises aft Qmmmwo 4m= abntained, the Parties agree as follows, �Rdritatro litiOdwNTTARi h 10 a 7 raw ne 11 ON (3) No MMW 0 % OW 90 id cause the total construction cost to exceed the amount of t" 11r**& wN Im popitiMed unless approved in writing by the CITY and the CRA. OOJ IP ft services of an architeci a no Mnployed, the CI-I%P OW, SM JU 06 MMDOL DISTRICT's expeno*, wqwft Mo o**AWs and/or engineoFo o@W%Ojg 11 Jv the progress of coniftsimw %mbw a In g each disbursAMM 9 RMA6qWh the aforesaid schedulj� 0 0 TO Ulk� M HO MML M% MW�M, it M 4W, 'Mom time to time 4164hp o*4 AA%**% orw9#10t" wP Iq Rq& Islumm, for its own infammOm a FUn mn y enC am MR WAIM"L = Jk WkNactor, or both, of W p%*wiA W M Nor *M Wor o" ww6p4k, *4 o@Mv 1w PN nor the CRA shsd m& in gqMr#& or mMrmM I@ mmmno IM mM 9M = go. (6) All rjw4m 4a j 4a%nmjw 1901 0 a= no* A� SA&M of costs of construction ME M#A*bi&A= 4* %* VWV*9V m4 **Voom" w(MV 4g"otWtion loan, and no such MWP4W #01 1�11 jfFV#jd 9p jEwMI MOW gM 2 (7) Thm �M V914 0% WA 10ki m" cm " mWing of the L DISTRICT to ensura OM 11a MNW&JM irihm AM HMWW has been lo m**ordance, with the specifiM4kp" p(q" %~ 0 0% = 0497%CT for the ammiruction thereof and with AM" NOMMM. (a) The CITY shall retain ten percent JMW� 44 Am ymMir mruived upon the sals of the Eagle Nest House to use to facilitate ths mmjJMM No EM, including, but not limited to quiet title costs, for the Eagle Nod Whom %* *o him, similar endeavors with the PARTIES or if none to facilitate MONOWWWorkforce Housing Program. (1) The CITY SM MMM 11hot fikiii ORA is referenced on any and all marketing materials for the Eagift 5*MK 44%V. (h) All inspection services, if any, reAMAW IV 04 WM *r *W*wo, agents, or employees, shall be rendered solely for its pw jW V4 W9OO9M Neither the CITY nor its officers, agents or employees WHIM In 1h W wjl� M" W%* failure of any contractor, subcontractor or laborer 024w wvatpm�po r qj2qpmm services to be delivered or performed by them. (i) Once the CRA conveys the Properig % Im LET, M %VW wo w responsible for insuring that the Property is maintained �* a oiomoiow *#%@49mW V* 0% CITY's Code of Ordinances and Land Developmqft PjjjjMMm& '�ft jugam maintaining'ffre lawn, landscaping, and fencing on the FjF*&AjK, k I J rgam ilk lities and R 11mo TU MM *Wl *wj"V go 916 MFY the Property pursuarot iff ft IV hriskm MM a" Milo IM hereto as Exhibit "1111F, WW law *&VIPWIMM UM 160 MW*W#4 I pursuant to the requirements of this Agreement, the Funds provided by the C0616 #Box be repaid to the CRA without interest. 0 04 rM NA& may take whatever actioi4 Om lum IF in equity to secove �g pWqg p4 pkiiips4kris under this Agreemerol MMMEM P. lagalogi ccorlancel7nnim ans o7e a 14 I%r JOWMO� IMFTPPr vli�dl work diligently towards the complaIM A M Lip OW FUM Ml " Mstruction shall secure the Eagle Nest Floom awl XWVwO� iot a mm""p 140 *w *0 cause undue deterioration of the aestheM& 90 20* A = nupOwrw0i WO 7�ff b*@U;;If OM 91 entitled to ninety perceW W" *W Mw ****hoAWi Iwo &W omroaww are paid in full. The CRM @k@A tv qrmm" Ow armft U) rofits to be used by the SAT4' as rwMMWMM Up. 0 'MW MUMM IMMOMM MWM&lts and warrants that as of the date h6vwO mw muOrpidw rf qM Wmj Ovw Imm Wtmmaj on the Property and no labor has been POLUM wp= M PURkft iLWWA 19 IMA MWImplated construction. 110 nish the CITY, at the Program's expense qow &otUM=M11*1MM2"MC1=WHouse, a survey showing the improv ffl� IM MUM". $4 TM IJAMOL DISTRICT agrees to comply with all federal, state, and loo@A Iwom, @*4o w4 regulations of any nature whatsoever, applicable zoning ordinanmm.jft restrictions, now in effect or in the future. F., km W -Oo NWMDOL DISTRICT shall ensure that the construction of the Eagle llsW Otmv im anowiately supervised, without charge or deduction for such servica& 5. hlotices Any mo&* M%lom Mwvqa# to the terms of this Interlocal Agreement sh-all -be in writing amal %mg a Muht by certified mail, return receipt requested. All notices shall be *U*w@" ?* 96 446osiing- As to the CRA, Conw4w* boo4goo" Age n Diar's kmkmm, D"min 20 A14M UWMM A*16" DelrW havj�, F� M** I -M gpkoo No". Primjjq� 2455, V. AMM IWMR& I Be Irsp to@46 k With copy to: General Counsel School Board of Palm Beach County P.O. Box 19239 Wei Palm Beach, FL 33406 I M ad Bcity�,, Lou4 PP. T%WvMM Op., oft Manag c it)p if 01� IMAN 100 www. A""" DeIqW Mmmj,, ML L19M 6. Default: ON ine e as I Tra nwmmjjacIQ atico6ismoiu-qieer& e QTsoseiwviitTrimsg&a Im R eroca AfflMMMO 9 Wde solely and So WAK41M oA o* -#Per person or entfp *NA lw" Vft vj" ft§40 Mm %W"v Marson W in MM=d to any benefifm n e 6 M MMM W M I==Ml JWMJAWM W @j Mmimpot 16owficiary or othervyko, NN!Z!Wn oca greemen iice e hi 7177"777F,771.77 7711 777-ri0 e en 1.L 4 T WGO "*V� Wj*=M Mo go Wk JUMmmoent, this AgreenwW AS IM AMM&M by the ewe PARTUM un q5 m alo&ieQtatiorWijaeQaeaaenclegid en! tALtLEx-n!Fes!Ti Ut A mww Air Blow If %M aU Ii "m wommmi: imm against mm A" I % Im wn" "we dw*A 4 UO wok """ WE* provisiowl = "Opp" " r* is 4%AM w im am mom& 1w w at is obtairM MW 00 M or. a eu DaMhaIIIMbl!c?aI"t1 Trqmfr f ON aKewxplosiormyar aDotaaelUcciden oo It" lom m at or othair IN116w Nkpoo", 04 Oa 1CW fwwpqpbft 1pr 0% mmmis" at wT mWw matter or conditin krpft M It MR NW, m�lffll MM MAM 4% AwUMwMoi &ji 101asonable diligen*& a4 *Mk*A wwwwl soyomm 710won k%bqql. Iw wj ~ ohd a lack of funds v" #v api af mM a% 0 amwiM if MMM6 1K P�wisions contained in this Agreement that, by their sense and coMM, t=w 16 ourvive the susQpension or termination of this Agreement, shall so oj*W. 14-,Jj�� ial, EACH 1W TM* W-MM MEETO T HEREB'f TARILY, AND INTENTT%W16kLT OMWWWIP 1W RIGHT EITHEM RV TMW MW 44VE TO A TRIAL BY W.OW *i PICOME&T OF ANY LITIGATIUM A&M9.10 MKW&M, OR ARISING OUT OF, UMXM -0M 16 M&IIECTION WITH T&M AMMOMMM. SIGNATURES ON THE FOLLOWING PAGE �E �WU "TEcj� parties have caused this Interlocal AgrEmmqM Ig 07, F7777777177117571 001rXEFUR have written, slk2 WM C Tiy- CJe r k CITY OF DELS" INILM11111, rANKM By: Cary D. Glickstein, Mayor Approved as to Form and Legal Sufficiency: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY B)&-, Howard Lewis, Chairperson Diane Colonna, Secretary S SCHOOL BOARD OF PALM EACH COUNTY, FLORIDA 40 imw )0 Chuck Shaw, Chairman For Attest, School District Attorney E. Wayne Gent, Superintendent I-A."''M 5lik 10AB i � � ii 013INNAWSUBJER P3 LEGAL DESCRIPTION 108 NVV 12th Avenue, Delray Beach, Florida Parcel Pb. 1 1 x-42- 002 -0021 1 at 0 SURVEYORS 405 ME Oth AVM (FEDERIS PLANNERS BRUM IMMM 11 2119NEW INC. DELRAY BEACH. FL 33483 (581) 965-1910 — ��BOUNDAR ,vaiNtm 0 ms F-:72 q. i i U- :o 0 III EAGLE NEST PROGRAM CONTRACTOR INSURAN(W-"nA.&M 611" -r(irrMnts During = 41W If AM WWment with the City, e)%4& 64 Wk*wAk AmI in this Agreev*A Wo **%*I 5�Aftt's contractor shall proMIIIiq %jj m%OPI 0swance and bonds, If Rmla" if = HWs and to the limits ancl AFAMdW110 96 dWkJ6wnents as specifloA im %* 446*oiIiq lowgraphs. No work undoo 0I wpq*Vq0 Whd krgin until evidenam W#I I parantees is delivered as A J1100 wI ffift alltract. 11 77777VII II n,s,u,ra, MJKLMLI To? M-jW(M KiMbIMMUM The SdM" O%WWo i*Wbmbr will maintain the compialilk wrvmI 0&mce for a period af wn 0q) lam m1w the work performed uM%W M UpOMMM lVas been compleW o" ****0W 4 Wo City. 0 !2 ' I ilEWabi jallut:;� - NMI 11 iii�i�ililill !I! I III IUE6jLlTenancejana�o us o per occurrence. employ 3 VTr WWN1W W�U' I ae c 00 11HRIUM777177,117 77 re U m retention should the full loss 00000OW 0* got ***Aw4 qpj�sv I" §#Wl District's contractor's insurance as a rw� m ■ 0 I ■ AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS Ai2MMIN09% 16 made and entered into as of this — day of -------- ;-.;w 2013 9-L1hk4j-LU In consideration of NIFWtual agreements and mem anki M&jjQj *m 16 liererri coma ine0jhjLartie ret Is 17e7UFn-thlslAg,reeinentiloi§6urc,thias a following meanings: LI Emper1y. 'Mat certain real property located at 108-110 NW 12"' �venue Delra3v Beach, Florida, together with all improvements then ow wei awwk4 rwwww* Iroperty (collectively the "property) which Property is more particularly described with the legal description in Exhibit "A," attached hereto and made a part hereof, 1,2 CLosing. The delivery of a Special Warranty Deed to PURCIA"M concurrently with the delivery of the purchase price and other calL ns at V 3916M6 13 929U-120. TIM C-*= D9ff 4211 MW Z & MM %W OV) days after the expiration of the Inspectimp 16jiwi. 1.4 Deed. A JW*#i4 16mw*y 5ww�. im *%statutory form, which shall convey the Property from SELLER to PURCHASER. 1.5 Effective Date. The Effective Date of this Agreement shall be the date upon its execution by all parties to this Agreement: SELLER, PURCHARM 1.6 SELLER'S Address. Seller's mailing AMm �w A 96 ILEUVm 16venue, Delray Beach, Florida 33444, Atli copy to Goren, Cherof, D(i&W I ILAA6 IFJ., J�k: Mftzj� It. Tolces, Esq., at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. Lj�ljl as n a e& is N 0 !R 0 VOMM�� Avenue, Delray Beach, Florida 33444, with copy to Brian Shutt, City Attorney, 200 N.W. I" Avenue, Delray Beach, FL 3344�6 2. PURCHASE PRICE. Subject to the provisiorM 111 1b APIMEM the SELLER hereby agrees to 1W % ■ PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property previously identOM r "All Mg ft total Purchase Price of Ten and 00/100 ($10.00) Dollars, other good PwO *w6xwk& wwmi&wO*% and upon and subject to the terms and conditions hereinafter set 0 forth. MIOWNt jkA ffwgi 16 Purchase Price to SELLER at Closing pursuant to the terms of this Agre of readily negotiable funds to an account identified in writing by NOWRI 2.1 The Purchase includes: (b) All �M-f(JMW I&M. qvaters, privileges, easemeng appurtenances which mw w w ~ III ft AqWw" (c) All *lljot. *4 mi io" 1* aly, of SELLER in any Land lying * the bed of any public or private stm* wr &Wwwr Vo" to pooposed, in front any of the adjoining Property to the center line thereof. V%w a& #16* Ik&Jw mWJW wRW&M *m mpr wWmi award to which SELLER may be entitled: M) Him & BMW Nji J ibw iqff, RL m interest of SELLER and (2) for an�mdamagl ff 10 WIMM NA 16 &AM & M&A iff W An is Ighway. SELLER will deliver to PURCHAM IF 4MM& V JMJJMJW iff 19W IW% 1 agell ■ (d) Tm 4* m*wk *@wWwwkft all lenses, permits, contracts and leases, if applicable, with respect to the property. I-T .gMe 0 W Q L: EXHIBIT "D" ft P vi MMMHH� *wk wA mawmjAL *M*mw*% bas). 42 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, 4p= 9 U MWerty 1 1!! :� : i 1 � ! M: ;LTLMLOL". le any_L—r�affi-iawffii�o� QLW.QUrnmental a" wh '' � ! : I i: 1 !:,; Vatene easements, covenants, conditions ommwiilti 45 SELLER �o parties other than SELLER possession of the Property or any portion of the Property as a les=. 4.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property Abdo this Agreement is in effect. SELLER shall use their best efforts 1; 1 rQ E 77yrs-p—T t g 5. EVIDENCE OF TITLE. 5,1 Title to the Pronertv. ffifli M " wwosojr 4 W ng, by &&wry of a Special Warranty Deed, title to the subject Propert3i. 9MXMK dW, vA& Moen (15) AL insurance underwriter approved and selected by SEII&M 0 M6 TJMW Misuri 0 ZgmeT 0 k i 0 11 PURCHASER'S title to the Property subject only to those excqU0ft 9pt 4V Mi 10 MEMEMEMBInione be borne by the PURCHASER. PURCHASER shall have fifteen (15) days &m do W6w #4 mosIming said I F the expiration of SELLER'S time * *a& m� *%oo6i" MULLER shall send to PURCHASER a 0 notice in writing (a "cure notice") R&@ JLw� I �� W Jk�wtion has been cured and in such case 11,111,11,illlllllllll��ll��l�ll�l��ill��ll��illi��ll��l��l��l�ll�l��l�ll��illi��l��l�ill��l��l��ill��l� 5.2. Surve (and L aal Dese Y----L--ega ------ rdiption. Within ten (10) days of the commencement of L: ml- LZ 0 6 L�MRUAMTWTIJIEPIM, E?% W -1H --EAFEUD I�Lsjlmoj6leaganai n. . . . . (a) PURCHASER has full power and authority to wiAw iW* 16L 11"went and to assume and perform all of its obligations hereunder. -0 (b) The execution and delivery of this Agreement and the consummation of the an conflict with or meak im Us kawA aJ my sondition or provision, or conp*q* P All of the representations, W- of PURCHASER contained in this MW7717TC-77777, 7. CONDITIONS DWMQWW — — -- Q - Each of the following evemm w w*vm~w �VwV**ns JMJMWO'�j' shall hi a iffralition precedent to PURCHASER'S obli o* miww dim *w*m*iiqw '?W 16 rWIMMM i"M MA JMNE Mij&& WJLW &M6 i*' is n durul%hjLi!LUect n 1grgiN IP* 9W IMMM qMMjM ly this Agreement to covey clear and mw6*%6* title of the Property to PURCHASER, prior to closing. (c) of this Agreement by the Delray Beach Community U6wim1ment Agency. P.a 0 rd i 0 (d) Approval AMM JVpmenamit k J6WFWray Beach City Commission. insurance Wdaim& aAmft tw Am iw�wovenncnts damaged by such Nowk loss shall % JW to W ff%MM:N6=R, and (h) SELLEr, shall amilt At PURCHAMM a ME IM V rJk=g the full amount of any pmwimN Payable 01W fM 10 extended coverage insurance JM applicable to said damage; (b) If the damage, as determined by the insurance adjuster, is more than $25,000 dollars, PURCHASER shall have the im & *w*g6Aw 40 MWlement hereunder and collect all available iwwwmw room& w4wiiq to the improvements damaged by such casual* Lw, im A6& miw 9NLNJR shall pay to PURCHASER on the date cif M604 IM 1A of any UUMAIMU U11UM 0 (ii) terminate this Agreement and recift M 91ftig 9f gM gMsit and interest. SELLER marrante that they -** m*ft* until ft in o Closing adequate "All Risk" property inwwpwwwq xw* 16 Am awnt the Property, or any por4im imam*( im mwa"wmm� by a awM&Mji w&w Iiih pamw of eminent domain or becomes subject of M io , lirior to Closing, PURCHASER m elect to to mate ML AdEMEM & MLM686L= &Ji SM 16 Jnmlel settlement V9MMW, Jlp w@W 4"M =I Oft R P%"ASER all of SELL*01� 45K jWM ilt an r 1W 9MEMEIMMM gwards, whether pwm% #@ MWW*- 1"i 9NOM*OW * *M *M WC on W* Iffoperty and the firpowAmmooW imatwi &wmmw, and there shall be no adjustment to the Purchase Price. 9" 0 R 0 hp r. i vffum� It At AwLq 1WT.M &A AMwa 4* MARM&M t qmM Mwm+ f6pb JVW W* applicable, No Lien/Gap Affidavi* Mmm&"L" MARamLo IL accordance with Section 1445 of ti Internal Revenue Code, 1099 AM M W MR& ts as listed as title requirements in Schedule B-1 of the Title Corninitment to assure the conveyance of good and marketable fe& simple title of the Property to the PURCHASER, 10. CLOSING COSTS- TAXES AND PRORATIONS. PURCHASER agrees that it shall pay for all closirm t nth Ma subject 0.6 Z$§1MJLMMCE AND PLACE. VU &LM &W M 01ace within thirty (30) days Mprt Y9 Aff M Mpection PericM 10 9 1W JW OM it Foren, Cherof, Doodyb ,tom located at 76 M lkkvenue, I In the event of a default by PURCHASER,, SELLER shall have the right to enforce dw 6wma MLEonditions of this Agreement MM 0960 11 W specific performance or injunctive relief. JP. JQ##&TJM&MM&US. PURCHASER'S obligations under the Agreement M contiAWk qrw 0w &KwwjM (si T%u* %n ?C%C1WA6W is fully satisfied with its due diligence investigation conducted 14. RIGHT TO REPURCHASE As this Property will be subject to the provisions A 46 hiterlocal Agreement to be entered into comemporaneou the rWkJ6i*M, MLLER, kri o-WU rise 4 AM 1011 e JW rWOLMMi. MUMULD based on Force Majeure. AX IM 71 Wie—c 7w#�7 � 'x'!11° 77=71� �no a disima Imomw *K*)O# w* PIURCHASER as to whether there has been a commence construction as provided in this Section or whether a claim for delay is valid or otherviV jW 0 connection with this Agreement and the transactions contemplated thereby shall be endeavurA"" resolved and settled by mediatiou using a mutually acceptable third-party mediator, Such mediator shall 16 *VA&W wow AA *ff OW. &#on such appointment, the mediation shall 16 UM't= (III fiVW it BEA*QWMM M in Palm Beach County, Florida. The fees W e tines it = jgMjWr shall be born equally by the parties hereto. In the evenMNE I'm rim AZEUM-10"fT The rmdkw mmA alpmmwt to the other that they have not dealt with any real JM broker, MM wok" wd6mmm w. && im IL m m TF TrFffl�� I f. 17. NOTICE. E: -emed eMcove it sentto le 11�o�n t cces SELLER: IMN60 X" WJMMMMW NNEwelopinent Agency 21 M& hAtwa Jamwm Dwkw�- Amwi�, fi*� 13-666 0 AM: DUM CgIM, AUTGpplve Director gmkm&16 DmM 16 &ohm, FM .J a, vim TA: MM 1)'IJMMMMm:i;M 7714923 With a Copy to: Bj�m "ftwor D=� M" IWO AV" Tol Fam: -� 0 01 u3m 18. GOVERNING This Agreement shall be MMEW " ass r4Hjz bna 47&pb&6%WWAffi %&�te Federal or State Courts in Palm Beach County, Florida. 0. JJGBLVLaL.FMENT. W *&w vaAwAm" aid aereements between SELLER this INgreernent. This Agreement completely expresses their full agreement, 20. AMENDMENT. No modification or amendment of this Agreement shal % A = bwon-law UAW W writing and executed by both SELLER and PURCHASER. 2L SUCCESSORS. This Agreement shall apps Vinfinstrators, successors Zffi assigns of SELLER and PURCHASER. M Nappe"M QMEM BE o of t na SM in if M AgrW= Jr&WJMW WW 9&1 entitlig M Zo WM the non-prevailing party all costs aAj yjpwwww *mwww�, Aw**S reasonable attorney's fees at all trial and appellate levels and post �4� r"WWiWr- 11!11111111�1 0?1 alumm ag 11 AM I 0 iN wrrNEss WHEREIP, In MM OM Im Afflamm m iff on indicated above: 1. 1 mumamm a—ry- Glickslein, Mayor Signed on: 0 0 FOE!-'?IONWT2 7 , 0 m 0 0 AN IIIIu= EXHIBIT "A" PROPERTY CONTROL Rr JJJ4tJfJJ&PWD LEGAL Y- 108- 110NW 12`x' Avenue MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Louie Chapman, Jr., City Manager DATE: December 5, 2013 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT ITEM BEFORE COMMISSION The item before the Commission is consideration and approval of a Vote Processing Equipment Use and Elections Services Agreement with the Palm Beach County Supervisor of Elections. BACKGROUND The attached agreement details and allocates the duties, responsibilities and fees associated with conducting municipal elections. Exhibits A and B, respectively, outline examples of municipal election costs, some to be allocated on a pro -rated basis with other municipalities holding elections on the same date, and examples of total costs for small, medium and large municipalities. The City of Delray Beach's Municipal Election is scheduled for Tuesday March 11, 2014. The agreement provides for an effective date of January 1, 2014 with a one -year term which would cover the municipal election and runoff election, if necessary, and any special elections. The agreement has been reviewed by the City Attorney for legal sufficiency. Please note: the language in the indemnification paragraph states that we are required to defend all legal challenges related to the election, even if it is the fault of the Supervisor of Elections Office. RECOMMENDATION Staff recommends approval. AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BY AND BETWEEN THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE CITY OF DELRAY BEACH THIS AGREEMENT, is made and entered into this day of December 12013, effective January 1, 2014, by and between the Palm Beach County Supervisor of Elections, an elected county officer pursuant to Article VIII, Sec. I(d) of the Florida Constitution, hereinafter referred to as the "SOE ", and the City of Delray Beach, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter referred to as the "Municipality ". WITNESSETH: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code ") which applies to municipalities where expressly so stated; and WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters 97 -106 shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision "; and WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality, its constituents and the SOE, it is agreed as follows: PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOE and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run -Off, Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise stated herein below. 2. DATE OF GENERAL MUNICIPAL ELECTION: The date of the City of Delray Beach's General Municipal election is March 11, 2014. It is hereby acknowledged and agreed that if the date listed is the same as most other municipalities in March or November, there will be a cost sharing among municipalities for costs incurred by the SOE. Such costs shall be allocated on a pro -rata share basis; otherwise, it is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs of the election, incurred by the office of the SOE. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY: The SOE hereby agrees not to charge Municipalities for taxpayer purchased equipment and supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance and contract fees related to such equipment in return for which the Municipality hereby agrees not to charge the SOE for polling places within its dominion and control. Examples of municipal elections charges related to certain services performed by the SOE to be passed through to the Municipality on a shared pro rata basis for all municipalities holding elections on a general election day (i.e. 2 d Tuesday in March or November) are attached hereto as Exhibit A. All items to be paid or reimbursed to the SOE will be paid by the Municipality within thirty (30) days of receipt of an invoice from the SOE with documentation verifying the charges. Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit B. 4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a) Properly call and advertise the election according to statutes and charter at its own expense. (b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections conduct the municipality's election and act as a member of the Municipality's Canvassing Board, which may or may not include the SOE. (c) Certify that the registered voter information provided by the SOE to the municipality Reflects the proper boundaries of the city and notify the SOE of any changes. (2) SOE (a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post Election Audit and news releases on book closing. B. Qualifying Candidates (1) Municipality (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries and questions. (e) Respond to all media inquiries. (2) SOE (a) Verify signatures on any qualifying petitions submitted by candidates and notify the Municipality of such results upon the close of the candidate qualifying deadline. 2 C. Ballots (1) Municipality (a) Review, amend (if necessary) and approve ballot proof prepared by SOE. (b) Place an order with the SOE for a sufficient quantity of ballots as applicable. (c) Pay ballot design costs to the SOE as incurred. (d) Pay the ballot printer directly for the cost of said ballots. (e) Reimburse the SOE for costs incurred for translation and audio recording of ballot. (f) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. (2) SOE (a) Layout, check, proof and deliver ballot layout to the printer. (b) Receive, securely store and account for all ballots until disbursed to polling places. (c) Contract to have audio recorded for Touch Screen ballot. (d) Control all access to unvoted ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality (a) Provide that a representative will be present during the Logic and Accuracy testing as noticed by SOE. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic & Accuracy test. (b) Conduct public Logic & Accuracy test. E. Early Voting — Optional (1) Municipality (a) Reimburse the SOE for staff overtime hours due to weekend and /or evening hours for Early Voting. (b) Pay SOE for Early Voting supplies. (c) Contract with, schedule and pay poll workers directly. (d) Deliver voted ballots to SOE daily at a location designated by SOE. (e) Designate Early Voting sites thirty (30) days prior to each Election and notify SOE in writing of locations. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. (b) Provide the Municipality with a list of poll workers. (c) Train poll workers. (d) Provide staffing to accept voted ballots daily at a location designated by SOE. F. Absentee Voting (1) Municipality (a) Reimburse SOE for all postage costs incurred at the current postal rate. (b) Pay SOE for materials and handling of each absentee ballot. (c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot certificates. (d) Refer all requests for absentee ballots to SOE. (2) SOE (a) Determine eligibility and compile Absentee Ballot file. (b) Accept all requests for Absentee Ballots by telephone, mail or in person. (c) Prepare and mail Absentee Ballots. (d) Deliver Absentee Ballots to the Post Office. (e) Receive voted Absentee Ballots. (f) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account for all Absentee Ballots. (i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. 0) Record Absentee Ballot returns to voter history. (k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating equipment. (1) Provide qualified staff to operate tabulation equipment to count Absentee Ballots. G. Polling Places (1) Municipality (a) Arrange for the use of an adequate number of polling places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify SOE in writing thirty (30) days prior to election of the need for tables and chairs if necessary. (d) Notify SOE of polling locations to be used no later than noon the Friday after the municipal candidate qualifying deadline. (e) Notify the SOE not less than 30 days prior to the election that a polling place will be moved to another site. (f) Notify voters, as required by law, if their regular polling place is to be temporarily relocated. (2) SOE (a) Provide the Municipality with a list of polling places and SOE contract. (b) Provide tables and chairs upon written notice from the Municipality when required. (c) Provide polling place supplies, i.e. signs, cones, etc. (d) Notify voters and the Municipality of permanent polling place change(s). H. Precinct Supplies (1) Municipality (a) Pay SOE for precinct supplies provided. (b) Provide a secure place for precinct clerks to return supplies and voted ballots on election night. (c) Pay SOE for the production of Precinct Registers or for programming clectroule poll books. (d) Pay directly to the SOE's contracted moving company to have voting equipment delivered and picked up from polling place no later than the day before the election and returned after the election. (2) SOE (a) Provide Precinct Registers or electronic to i books for each polling place location. (b) Provide Master CD compilation of registered voters for precinct advisors or provide up to date clectrorilc poll books. (c) Provide certification of registered voters after book closing. (d) Prepare equipment, cabinets and routing of voting equipment delivery. (e) Provide laptop computer at each polling place or electr nle i ii books, (f) Provide CD of voter file database for each polling place or up to (late c lectroulic poll fps. (g) Provide poll worker Clerks with cell phones. (h) Provide Provisional Ballot envelopes and affidavit forms for each polling place. (i) Provide secrecy sleeves in a number and amount appropriate for each polling place. 1. Poll Workers (1) Municipality (a) Contact, contract with and pay poll workers directly (using only poll workers who are currently on the SOE list, or individuals who have successfully completed required training). (b) Schedule and notify poll workers of training classes. (c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to training locations. (d) Reimburse SOE for expenses incurred in printing training material. (e) Reimburse SOE for expenses incurred for trainers to train poll workers. (f) Reimburse SOE for expenses incurred for contracted training locations. (2) SOE (a) Provide the Municipality with a list of current poll workers. (b) Develop poll worker training schedule. (c) Plan and contract for training classes and locations. (d) Contract with and pay trainers to train poll workers. (e) Provide printed training materials for poll workers. J. Election Day Support (1) Municipality (a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and open for voting promptly at 7:00 a.m. on Election Day. (b) Ensure that all polling places remain open until 7:00 p.m. or until all voters who are in line to vote at 7:00 p.m. have completed voting. (c) Reimburse SOE for all phone bank costs. (2) SOE (a) Assist in finding poll worker replacements if needed. (b) Provide technical support personnel as needed. (c) Provide phone bank support to respond to poll workers and voters on Election Day. K. Ballot Tabulation /Counting of Election Results (1) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated by the SOE after the polling places have closed on Election Day. (b) Deliver all voting machine cartridges to a place designated by the SOE after the polling places have closed on Election Day. (c) Reimburse the SOE for any staff overtime and other expenses in relation to the tabulation and processing of ballots on Election Day. (d) Act as member of Canvassing Board. (2) SOE (a) Provide technical staff and required equipment to administer tabulation and election results. (b) Assist and act, or appoint a designee to assist and act on the SOE's behalf, as a member of the Municipality's Canvassing Board if desired by the municipality or act as a member of the County Canvassing Board if it canvasses the municipality's election, if allowed by law. (c) Post election results on SOE WEB site and provide the same to Channel 20. (d) Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and canvassing of ballots cast on Election Day. L. Post Election Day (1) Municipality (2) SOE (a) Provide the Municipal Clerk with an official certification of election results if allowed by law. (b) Store all necessary election records and ballots until the expiration of retention period prescribed by statutes. (c) Process polling place affirmation forms. rel (d) Sort, inventory, pack and store all election materials for retention and disposition. (e) Notify voters of the disposition of their Absentee or Provisional Ballots after the determination by the Canvassing Board, as required by law. (f) Respond to public records requests regarding records kept on behalf of the Municipality. (g) Record voting history for each voter who voted on Election Day. M. Audit (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the audit. (b) Reimburse SOE for any staff time or other related expenses as may result from conducting the manual audit. (2) SOE (a) Organize precinct information to allow the Municipal Clerk to randomly select the race and precinct(s) that shall be audited. (b) Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d) Ascertain and publically post manual audit result to SOE WEB site. N. Recount (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount, with support and guidance from the SOE. (b) Act as a member of the Canvassing Board. (c) Notify the candidates of the time and date of the Recount. (d) Post public notice(s) of the Recount with the time and location. (e) Cause to have the Recount recorded and minutes kept and approved by the Canvassing Board. (f) Review with the Canvassing Board and the counting teams the statutes and rules of the Division of Elections, specifically Rule 1 S- 2.031. Recount Procedures; and Rule 1 S- 2.027. Standards for Determining Voter's Choice on a Ballot. (g) Reimburse the SOE for all staff salaries /overtime, facility and other expenses required to conduct the Recount. (2) SOE (a) Post public notice(s) of the Recount with the time and location. (b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues. (c) Provide counting teams for examining out stacked ballots. (d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide professional staff for equipment operations. (f) Provide official certification as determined by the Canvassing Board. 7 INDEMNITY: Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any actions, claims or damages arising out of the Municipality's negligence in connection with performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the Municipality against any actions, claims or damages arising out of the negligence of SOE in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend beyond $200,000 for any one person or beyond $300,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such other's negligent, willful or intentional acts or omissions. In the event of litigation, trial or appellate, between the Municipality and the SOE relating to a municipal election governed by this Agreement, or otherwise in connection with the interpretation or application of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non - prevailing party. Notwithstanding the above, the municipality shall defend legal challenges relating to its municipal election and shall be fully responsible for all legal costs including attorneys' fees for such defense of the Municipality and the SOE. The municipality shall be responsible for damages, if any, assessed by virtue of such lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE. ]a the e c it o Spa iElection, the rrunici alit shall recseive the approval ti�sc r�i� :i-Nis : of Elections for tic actual c1cc6on date no later tliaii 90 days prior to a Special File tlo:'i unless otfccro'isc prodded irr ]ara, llic expense ofany Special Election stall include all crctUal casts HICUrred by the S irc:; i ;car of Elections, ns, including hourly and sala ried strrffcosts and other related ciccticri-i expeiiscs its documented, 7. TERM: This Agreement shall begin on the effective date January 1, 2014 and continue for a term of one year in order to cover Special Elections, if any, and may be modified by mutual agreement of the parties. Any proposed changes to this Agreement shall be provided to the municipalities no later than August 1 of the applicable year, or as soon as practicable. CHANGE IN LAW: In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 9. NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, registered mail, or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. N. For the SOE: For the Municipality Supervisor of Elections City of Delray Beach 240 S. Military Trail 100 NW 1st Avenue West Palm Beach, Florida 33415 Delray Beach, FL Attention: Susan Bucher Attention: Chevelle D. Nubin, Clerk 10. SEVERABILITY: If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. 11. By signing this contract, you and your municipality approve the contract as a form of legal sufficiency and certify that this contract has met all of the legal requirements of your Municipal Charter and all other related laws. 12. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement between the parties. No representations other than those set forth herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted in writing and signed by both parties, or their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1, 2014. WITNESSES: ATTEST: , Municipal Clerk As to the SOE: SUPERVISOR OF ELECTIONS PALM BEACH COUNTY Susan Bucher Date: As to the MUNCIPALITY: CITY OF DELRAY BEACH Mayor (Affix Municipal Seal) Date: I F- w ,W V Z a x U 0 D Z a F- U) 0 U J a 0 1 O O O r r J H T- N 00 H O r O W O 0 O M 69- 69 69- N C4 i O O O N Q LO LO O N W) M W) O ti CD CD N 69- y„ U) Eh Eii Eii H � Z � U O z U 5 W (h I* � � W a s J W a U L LL. CA C W CL it v L L Q O i U H� W) LC! M � Q 0 �M�11 J V � r (n m 69 CD W) W a o 0 °D o 0 W J Q Z W cc cv T- m M Z a Q� It m 0 N = i w a M M M Z M C4 M C4 M C4 LU N r M 00 c� a f Z 0 a J W W J O O> Y U V U 2' � 6 a � 0 LL x U Z Z o a a a x m a z w W a 'a > 0 0 x w m ,W V Z a x U 0 D Z a F- U) 0 U J a 0 1 O O O r r N 00 I* M O W � � i O O O N Q W N ti ElT 69- y„ U) Eh U � � z a v L Q *k � Q (n N 69 CD W) i 'i o 0 T- `9- ti W) 3 J Q V 69- r 6 a� m S W u u d Z N M N N r M w J W O O O> Y V U � � 6 a � o � CL 0 a� k a� x a U a ZO a m F a = a w v W w a o 'a > 0 x w m a F- m_ 2 W 4+ � M N o U L N E N L W Q L W O J � H y 00 � U O O O r N N M C7 M 1� r N N O 69 M r W ih C4 W) r 4+ � M N o U L N E N L W 0 L W O J � H y 00 � U O O O r 00 W) 69 M N M N 69 W) O 69 N N N tD W N T- M I* 00 vli Q)- N O T- M 69 00 w � oo T- M I* 00 O N w W) r w w vi Eii W in G9 H Eh H co Eh Z UU UU 0 z_ z_ N H U W cn I* ti ti U W N I* ti ti W J W LL (A CL CL 0 L O t Ha! a) w N Go H� N m 0 v O V a) c o li a 69- 6' a 69- 6' W d m m V W W W z 2 tC N r M M z 2 N N r M M (Q Z CL CO Q n 'V Q •3 U J W a w w w � J W a W) M W) Go W) Go U s It It s M M W V V � � 6 V � � � 0o Q U IL c o_ M a a� E Q z Q z Q J m 0 Q J m 0 c CL = a c p a = a U w w a U w w a > > > N 2 2 w m N 2 2 w m EXHIBIT B Palm Beach County Supervisor of Elections Office Summary of Activity For Uniform Municipal Elections January 2014 ABSENTEE BALLOTS * AB set up Fee * On Call service - Pitney Bowes * Process Absentee Ballot Requests * Prepare and mail Absentee Ballots (machine use, staff time, voter file, postage), record /verify absentee ballot returns, prepare /opening of absentee ballots for tabulation * Provide absentee voting - prep and mailing * Notification to Absentee Ballot and provisional voters on the disposition of Canvassing Board MUNICIPAL PACKAGE * Arrange for translating, printing and recording of audio ballot * Provide polling place supplies - signs, cones, tables, chairs, etc. * Assist in finding poll worker replacements * Develop master CD compilation for precinct advisors or provide programmable electronic poll books * Provide certification of registered voters after book closing * Prepare Absentee Ballot, Edge layout and Sample Ballot * Publish legal notices for L&A testing, canvass and post elections and news releases on book closing, absentee ballots and other election related news * L&A test - development of a unique test script, manual ballot marking, pretesting for comparisons and pulling equipment for public tests * Election Day support (SCE staff and phone bank) * Election night support- incl OT (SCE staff, vote tabulation and vote certification) * Assist municipality with canvass of Absentee Ballots, schedule canvass and act as member of Canvassing Board * Post election results on WEB site and Channel 20 * Interface with candidates, press, city staff, city attorneys regarding Election Law * Conduct mandatory audit post election PRECINCT SERVICES * Provide Clerk Bags i.e. precinct registers or programmed electronic poll books, affidavits, supplies etc. * Delivery and Pick up of voting equipment to training locations * Prepare precinct scanners and ADA Touch screen equipment * Prepare equipment cabinets and routing of voter equipment * Copy of current poll workers * Create and retain voting history (post elections) * Plan training class locations /train pollworkers /provide printed training materials * Provide laptop computers for Precinct Advisors or programmed electronic poll books * Notification of provisionsal ballot outcome * Copy of current polling place contract * Provide CD of voter file database or programmed poll books for Precinct Advisors Costs 5.23 Cost per AB Ballot processed $0.04 $0.24 2.59 1.36 0.90 0.10 2,466 Cost per Municipal TBD 25.00 46.63 75.20 60.84 272.09 81.93 211.24 398.43 638.11 293.60 92.36 157.37 112.80 152.52 Cost per precinct 24.24 2.43 19.55 19.55 0.15 18.16 58.44 5.83 3.52 0.15 0.50 MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Louie Chapman, Jr., City Manager DATE: December 5, 2013 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 RESOLUTION NO. 59-13. ITEM BEFORE COMMISSION This is before the City Commission to approve Resolution No. 59 -13 regarding the First Nonpartisan and Special Elections to be held on March 11, 2014. BACKGROUND This resolution is per City Charter, Section 5.07 (A) and accompanies the Vote Processing Equipment Use and Elections Services Agreement with Ms. Susan Bucher, Palm Beach County Supervisor of Elections, for conducting municipal elections. Resolution No. 59 -13 provides the process for conducting the municipal and special elections (referendum) to be held on March 11, 2014. RECOMMENDATION Recommend approval of Resolution No. 59 -13 regarding the March 11, 2014, First Non - Partisan and Special Elections. RESOLUTION NO. 59 -13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN ELECTION AND A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 11, 2014; AND A SECOND NONPARTISAN ELECTION, IF NECESSARY, TUESDAY, MARCH 25,2014; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION OF TWO CITY COMMISSIONERS AND THE SPECIAL ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 32 -13; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for Nonpartisan Elections to be held on the second Tuesday in March of each year for the electorate to fill the vacant offices at such time; and WHEREAS, if two or more candidates tie for the highest number of votes from all electors casting ballots for that seat for Commissioner, then these candidates shall be declared candidates for a second nonpartisan election to be held on Tuesday, March 25, 2014; and WHEREAS, in the year 2014, two (2) offices in the City of Delray Beach are necessary to be filled at the Nonpartisan Election; and WHEREAS, the City Commission directs that the Nonpartisan Election be held on Tuesday, March 11, 2014; and WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for Special Elections; WHEREAS, Ordinance No. 32 -13 provides for clarification regarding the voting procedure; and WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the Charter change proposed in Ordinance No. 32 -13 be held on Tuesday, March 11, 2014; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a Nonpartisan Election and a Special Election, and if necessary, a Second Nonpartisan election, and to provide all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach, Chapter 34, "Elections ", and General Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a Special Election on the Charter change presented in Ordinance No. 32 -13. Section 3. That the Nonpartisan Election and the Special Election shall be held and are hereby ordered to be held in the City of Delray Beach, Palm Beach County, Florida between the hours of 7:00 am and 7:00 pm on the 111h day of March, 2014 for the purpose of electing qualified candidates as provided by law to fill two (2) Commission seats and to determine the outcome of the Charter change proposed in Ordinance No. 32 -13. Section 4. The City Clerk is authorized to enter into agreements to establish polling locations for the March 11, 2014 Nonpartisan Election and Special Election; and the March 25, 2014 Second Nonpartisan Election, if necessary, and is further authorized to designate polling locations within the municipal boundaries in accordance with applicable laws and state guidelines. Section 5. The City Clerk is hereby authorized to assign sufficient poll workers to facilitate all the precincts within the municipal boundaries; schedule training for poll workers and to establish a pay scale applicable to the duties and responsibilities of the election staff. Section 6. The Palm Beach County Supervisor of Elections shall provide for use of the voting equipment and process absentee ballots for said elections and is hereby authorized to provide the necessary training to the poll workers as approved by the City Clerk. Section 7. Immediately after closing of the polls on the day of said elections, the clerks of each precinct shall present the returns thereof to the City Clerk at City Hall. The City Clerk of the City of Delray Beach shall deliver to the Palm Beach County Supervisor of Elections returns for official results to be processed. Section 8. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary to hold the Nonpartisan Election and Special Election as hereby provided. Section 9. That the City Commission shall convene not later than three (3) days after such election and shall canvass the returns and, in the absence of a declaration of a contest by any of the candidates in such election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections. Section 10. That the City Clerk, no later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Section 11. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 10th day of December, 2013. RES. NO. 59 -13 ATTEST: City Clerk MAYOR RES. NO. 59 -13 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: December 6, 2013 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 PROCLAMATIONS WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, Florida, provides for the calling of a First Nonpartisan Election for the purpose of electing two (2) City Commissioners and the City Commission has by resolution authorized a Special Election; and WHEREAS, pursuant to said Charter and Code of Ordinances provisions the City Commission deems it necessary to call for the First Nonpartisan Election on the second Tuesday of March each year and a Special Election at this time. WHEREAS, a notice is hereby given calling for a special election on March 11, 2014, to vote on a referendum question set forth in Ordinance No. 32 -13 regarding amending the Charter of the City to provide: (i) clarification regarding the voting procedure, which requires consent of the majority of the voters voting in the election. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby call for the First Nonpartisan Election and a Special Election to be held on Tuesday, March 11, 2014, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. ALL QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be qualified to vote in such election. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: John Bullard, Water Treatment Plant Manager Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: October 25, 2013 SUBJECT: AGENDA ITEM 8.0.1 - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 PURCHASE AWARD/ PVS TECHNOLOGIES ITEM BEFORE COMMISSION The item before the City Commission is to approve a blanket purchase order in the amount of $260,000 for the purchase and delivery of liquid ferric chloride from PVS Technologies, Inc. for fiscal year 2014. BACKGROUND Ferric Chloride is needed to reduce organic properties in treated water. The treatment with the ferric chloride solution enhances the reduction of resistant organisms in water. Broward County has renewed their contract with PVS Technologies, Inc. (PVS) for the purchase and delivery of liquid ferric chloride (170921102131) at a unit price of $1.10/ lb for fiscal year 2014. The PVS contract term with Broward County is through September 30, 2014. PVS has agreed to extend the Broward County contract terms to the City of Delray Beach. Staff estimates the annual cost of liquid ferric chloride at $260,000. PVS has provided the City of Delray Beach with a quality product and service in previous years. In addition, previous testing of several liquid ferric chloride solutions was completed by the Water Treatment Plant and the ferric chloride from PVS Technologies tested with fewer impurities in their mixtures. FUNDING SOURCE Funding is available from 441- 5122 -536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). RECOMMENDATION Staff recommends approval the purchase award to PVS Technologies, Inc. in the amount of $260,000 for the purchase and delivery of liquid ferric chloride for use at the Water Treatment Plant for fiscal year 2014. WAL :.w. Mr. Patsy Nadal City of Delray Beach Via Email Dear Patsy, 11/20/2013 I am pleased to offer the following pricing on PVS Technologies Liquid Ferric Chloride. PVS Technologies would like to extend the same terms to Delray Beach that are in the recently renewed Broward County Ferric Chloride Contract F0921102B 1 through September 30, 2014 in the form of this renewed pricing agreement. The pricing represented here is equal to or lower than the current pricing between PVS and any other governmental entity in the State of Florida. Please see the details below and sign and return the document if you are in agreement. Product: Ferric Chloride 37% - 42% Price: New agreement date through 9/30/2014 $1.10 per pound of Iron F.O.B: Delivered- City of Delray Beach Water Treatment Plant Package: Bulk Tank Truck- 45,000 pound minimum Terms: Net 30 Days Conditions: Demurrage- 2 hrs. Free, $50.00 /hr. thereafter Weekend/Holiday delivery $100 /$150 Contract Period: 10/26/2013 through 9/30/2014 PVS Signature: Delray Beach Signature: Jose M. Gonzalez Director of Technical Service PVS Technologies Office and Fax- 607 - 859 -2543 Mobile- 313 -510 -6238 ■ 2� `f � A#��`: \ AAJ _ `&« Al YL �PTYTZ 9 ";' 7 IN rNk -�5 -;7 A; I "V'�! :T. 7 r.` F'. W-W 7,77.,. r`.Wv6 --2, i'P:l ff 147777,75� 47-INIMT. --al., S I 1�: ll� I �' � 3 ; x -t -.-1&1 I ORIGINAL SUBMIT BID TO: BOARD OF COUNTY COMMISSIONERS BR'�'WARD Broward County Purchasing Division BROWARD COUNTY, FLORIDA 115 S. Andrews Avenue, Room 212 INVITATION FOR BID i� = COUNTY Fort Lauderdale, Florida 33301 -1801 e e � 954 - 357 - 6065/66 Bidder Acknowledgment — GENERAL CONDITIONS — THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES /SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. BIDDER ACKNOWLEDGEMENT MUST BE SIGNED AND RETURNED WITH YOUR BID SEALED BIDS: This form must be executed and submitted BIDS WILL BE OPENED 2:00 p.m.August 24, 2011 with all bid sheets and should be in a sealed envelope. and may not be withdrawn within 120 calendar days after such date and time. (PLEASE INCLUDE ONE ORIGINAL SIGNED BID DOCUMENT IN BLUE INK AND ONE PHOTOCOPY OF SIGNED BID DOCUMENT PER ENVELOPE). The face of the envelope should BID TITLE FERRIC CHLORIDE/(NON-SHELTERED MARKET) contain the above address, the date and the time of bid opening, and bid number. Bids not submitted on attached bid may be BID NO.F0921102B1 rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. PURCHASING AGENT NAME & TELEPHONE NUMBER KATHY DAVIS, (964) 3576087 1. EXECUTION OF BID: A. Bid must contain an original signature of an individual authorized to bind the bidder. Bid must be typed or printed in ink. The ink should be blue ink. All corrections made by bidder to their bid must also be initialed. DELIVERY DATE The bidders name should also appear on each page of the bid sheet if required. B. No award will be made to a bidder SEE SPECIAL INSTRUCTION CASH DISCOUNT TERMS who is delinquent in payment of any taxes, fees, fines, contractual debts, judgments, or any other debts due and owed to the County, or is in default on any contractual or Zero Net 30 Days regulatory obligation to the County. By signing and submitting this bid, bidder attests that it is not delinquent in payment of any taxes, fees, fines, contractual debts, judgments or any BID GUARANTY IS ATTACHED, WHEN REQUIRED, IN THE AMOUNT OF $ N/A other debts due and owed to the County, nor is it in default on any contractual or regulatory obligation to the County. In the REASON FOR NO BID event the bidder's statement is discovered to be false, bidder will be subject to debarment and the County may terminate N/A any contract it has with bidder, C. Bidder certifies by signing the bid that no principals or corporate officers of the firm were principals or corporate officers in any other firm which may DUN 6 BRADSTREET NUMBER 031772317 have been suspended or debarred from doing business with Broward County within the last three years, unless so noted in the bid documents. D. By signing this bid, bidder attests that BIDDER NAME PVS Technologies, Inc. any and all statements, oral, written or otherwise, made in support of this bid, are accurate, true and correct. Bidder acknowledges that inaccurate, untruthful, or incorrect BIDDER MAILING ADDRESS /CITY /STATE/ZIP 10900 Harper Avenue, Detroit, MI 48213 AREA CODE TELEPHONE NO. 313 -571 -1100 CONTACT PERSON Craig Mikkelson statements made in support of this bid may be used by the County as a basis for rejection of this bid, rescission of the award, or termination of the contract. Bidder acknowledges that the termination of the contract because of a determination of an inaccurate, untruthful, or incorrect statement made in support of this bid may also serve as the basis for debarment of bidder pursuant to Section 21 -119 of the Broward County F X1345716765 I RS E -MAIL ADDRESS @ vschemicals . coral 8 /19 / 11 Administrative Code. 2. BID WITHDRAWAL: No Vendor may withdraw their bid u-rH6RIZf D SIGNATURE DATE before the expiration of one hundred and twenty (120) days from the date of the bid opening. Any bid submitted which (submit or inal in blue ink) alters the one hundred and twenty (120) day requirement shall be deemed non - responsive. Continued on Page 2 Craig Mikkelson, Vice President of Sales & a PRINT NAME TITLE h certify that this bid is nude without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the "ma ItenWservices, and is In all respects fair and without collusion or fraud. 1 agree to abide by ag conditions of this bid and certify that I am authorized to sign this bid for the bidder. Further by signature of this form, pages 1 through 6 are acknowledged and accepted as well an any special instruction sheega) if applicable. rketin 3. BID OPENING: Shall be public, on date, location and time specified on the bid form. The official time is the time clock located in the Purchasing Division reception area and will be accepted by all parties without reservation. It is the bidder's responsibility to assure that their bid is delivered on date, location and time specified on the bid form. Bids, which for any reason are not so delivered, will not be considered. Bid files and any bids after they are opened may be examined during normal working hours by appointment. Bid tabulations are available for inspection upon request. Bid results will be posted on the Broward County web site at: www.broward.org/purchasing/results. 4. ADDENDA TO BID: Broward County reserves the right to amend this Invitation For Bid prior to the Bid opening date indicated. Only written addenda will be binding. If, upon review, material errors in specifications are found, contact the Purchasing Division immediately, prior to Bid opening date, to allow for review and subsequent clarification on the part of Broward County. 5. PRICES, TERMS & PAYMENTS: Firm prices shall be bid and include all handling, set up, shipping and inside delivery charges to the destination shown herein unless otherwise indicated. (a) The Bidder: in submitting this bid certifies that the prices quoted herein are not higher than the prices at which the same commodity(ies) or service(s) is sold in approximately similar quantities under similar terms and conditions to any purchaser whomsoever. (b) F.O.B. — as specified in Special Instructions to bidder. (c) Tie Bids: The award on tie bids will be decided by the Director of the Purchasing Division in accordance with the provisions of the Procurement Code. (d) TAXES: Broward County is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption numbers appear on purchase order. The Contractor shall pay all applicable sales, consumer, land use, or other similar taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and complying with all requirements. (e) DISCOUNTS: 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. (f) MISTAKES: Bidders are cautioned to examine all specifications, drawings, delivery instructions, unit prices, extensions and all other special conditions pertaining to the bid. Failure of the bidder to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in the contract. In case of mistakes in extension, the unit price shall govern. Multiplication or addition errors are deemed clerical errors and shall be corrected by the County. (g) ORDERING: The Board of County Commissioners reserves the right to purchase commodities /services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract and if the seller is unable to comply therewith, the Board of County Commissioners reserves the right to obtain such delivery from others without penalty or prejudice to the County or to the seller. 6. OPEN -END CONTRACT: No guarantee is expressed or implied as to the total quantity of commodities /services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, or, any combination of the preceding. No delivery shall become due or be acceptable without a written order or shipping instruction by the County, unless otherwise provided in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. 7. CONTRACT PERIOD (OPEN -END CONTRACT): The initial contract period shall start with the expiration date of the previous contract or date of award, whichever is latest, and shall terminate one (1) year from that date. The contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. The Director of Purchasing may renew this contract for a second period subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period unless subject to price adjustment specified as a "special condition" hereto. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Director of Purchasing. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the County. 8. FIXED CONTRACT QUANTITIES: Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents. Fixed contract quantities up to twenty (20) percent of the originally specified quantities may be ordered prior to the expiration of one (1) year after the date of award, provided the Contractor agrees to furnish such quantities at the same prices, terms and conditions. 9. AWARDS: If a specific basis of award is not established in the special instructions to bidders, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. As the best interest of the Board of County Commissioners may require, the right is reserved to make award(s) by individual commodities/ services, group of commodities /services, all or none or any combination thereof. When a group is specified, all items within the group must be bid. A bidder desiring to bid "No Charge" on an item in a group must so indicate, otherwise the bid for the group will be construed as incomplete and may be rejected. However, if bidders do not bid all items within a group, the County reserves the right to award on an item by item basis. When a group bid is indicated for variable quantities and the bid for the group shows evidence of unbalanced bid prices, such bid may be rejected. The Director of Purchasing, or the Board of County Commissioners, whichever is applicable reserves the right to waive technicalities and irregularities and to reject any or all bids. 10. PAYMENT: Payment for all goods and services shall be made in a timely manner and in accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act and the Broward County Prompt Payment Ordinance (No. 89 -49) Page 2 of 6 Pages as amended. All applications for Payment shall be submitted to Broward County Accounting Division. Payment will be made by the County after commodities /services have been received, accepted and properly invoiced as indicated in contract and /or order. Invoices must bear the purchase order number. 11. DELIVERY: Delivery time shall be computed in calendar days from the issuance date of purchase order. Although, actual requested date or number of calendar days for delivery may be specified, state number of calendar days required to make delivery and installation after issuance of purchase order or request for services in space provided. Unless otherwise stipulated in the Contract, delivery shall be made between 9:00 a.m. and 4:00 p.m., Monday through Friday, except holidays, and at other time by special arrangements. However goods required for daily consumption, or where the delivery is an emergency, a replacement, or is overdue, the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made no later than next succeeding business day. Delivery time may be considered in determining award. 12. TERMINATION: (a) AVAILABILITY OF FUNDS: If the term of this contract extends beyond a single fiscal year of the County, the continuation of this Contract beyond the end of any fiscal year shall be subject to the availability of funds from the County in accordance with Chapter 129, Florida Statutes. The Broward County Board of County Commissioners shall be the final authority as to availability of funds and how such available funds are to be allotted and expended. In the event funds for this project/purchase are not made available or otherwise allocated Broward County may terminate this contract upon thirty (30) days prior written notice to the contractor. (b) NON PERFORMANCE: The Contract may be terminated for cause by the Awarding Authority for the County or by Bidder if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. Cause for termination shall include, but not be limited to, failure to suitably perform the work, failure to suitably deliver goods in accordance with the specifications and instructions in this Bid, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of the County as set forth in this Bid, or multiple breach of the provisions of this Bid notwithstanding whether any such breach was previously waived or cured. (c) TERMINATION FOR CONVENIENCE: The Awarding Authority may terminate the Contract for convenience upon no less than thirty (30) days written notice. In the event the Contract is terminated for convenience, Bidder shall be paid for any goods properly delivered and services properly performed to the date the Contract is terminated; however, upon being notified of County's election to terminate, Bidder shall cease any deliveries, shipment or carriage of goods, and refrain from performing further services or incurring additional expenses under the terms of the Contract. In no event will payment be made for lost or future profits. Bidder acknowledges and agrees that ten dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Bidder, is given as specific consideration to Bidder for the County's right to terminate this Contract. 13. CONDITIONS AND PACKAGING: Unless otherwise stated in the special instructions to bidders or the bid sheets, or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and shall be the current standards production model available at the time of the bid. The goods must be suitably packaged for shipment by common carrier. Each container or multiple units or items otherwise packaged shall bear a label, imprint, stencil or other legible markings stating name of manufacturer or supplier, purchase order number and any other markings required by specifications, or other acceptable means of identifying vendor and purchase order number. 14. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F -41.03 of the Florida Administrative Code delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). A Material Safety Data Sheet (MSDS) should also be submitted to the Broward County Risk Management Division, 115 South Andrews Avenue, Room 210, Fort Lauderdale, Florida 33301- 1803. The MSDS must include the following information. (a) The chemical name and the common name of the toxic substance. (b) The hazards or other risks in the use of the toxic substance, including. 1. The potential for fire, explosion, corrosivity, and reactivity; 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure. (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. (d) The emergency procedure for spills, fire, disposal, and first aid. (e) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. (f) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. MANUFACTURERS NAME AND APPROVED EQUIVALENTS: Manufacturer's names, trade names, brand names, information and /or catalog numbers listed in a specification are for information and establishment of quality level desired and are not intended to limit competition unless otherwise specified in the bid. The bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and catalog number. Bidder shall submit with the bid complete descriptive literature and /or specifications. The bidder should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. Broward County Board of County Commissioners reserves the right to be the sole judge of what is equal and acceptable. Bids which do not comply with these requirements are subject to rejection. If Bidder fails to name a substitute it will be assumed that the bidder will furnish goods identical to bid standard. Page 3 of 6 Pages 16. INTERPRETATIONS: Any questions concerning conditions and specifications of this bid shall be directed in writing to the Purchasing Division a minimum of 24 hours prior to bid opening. No interpretation(s) shall be considered binding unless provided to all Bidders in writing by the Director of Purchasing. 17. NON -CONFORMANCE TO CONTRACT CONDITIONS: The County may withhold acceptance of, or reject any items which are found, upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the Vendor at their expense and redelivered at their expense. Rejected goods left longer than thirty (30) days will be regarded as abandoned and the Board shall have the right to dispose of them as its own property. On foodstuffs and drugs, no written notice or rejection need be given. Upon verbal notice to do so, the Vendor shall immediately remove and replace such rejected merchandise at their expense. Rejection for non- conformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in contractor being found in default. 18. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination. Title and risk of loss or damage to all items shall be the responsibility of the contractor until accepted by the County. 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the County at once, indicating in their letter the specific regulation which required an alteration. The Board of County Commissioners reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County. 20. LEGAL REQUIREMENTS: Applicable provisions of all Federal, State of Florida, County and local laws, and of all ordinances, rules and regulations including the Procurement Code of Broward County shall govern development, submittal and evaluation of bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid in response hereto and Broward County by and through its officers, employees and authorized representative, or any other person natural or otherwise in addition to any resultant agreement. Lack of knowledge by any bidder shall not constitute a recognizable defense against the legal effect thereof. 21. INDEMNIFICATION: BIDDER shall at all times hereafter indemnify, hold harmless and, defend COUNTY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of, BIDDER, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against COUNTY by reason of any such claim, cause of action or demand, BIDDER shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to COUNTY or, at COUNTY's option, pay for an attorney selected by County Attorney to defend COUNTY. To the extent considered necessary by the Contract Administrator and the County Attorney, any sums due BIDDER under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 22. NOTICE: Written notice provided pursuant to this Contract shall be sent by certified United States Mail, postage prepaid, return receipt requested, or by hand - delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the County designates: Director, Broward County Purchasing Divisiori 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 -1801 Bidder shall identify in the Bid a designated person and address to whom notice shall be sent when required by the Contract. 23. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: The Contract shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of the Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the state of Florida. By entering into this Contract, Bidder and County hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Contract. 24. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless and defend the County, its officers, agents and employees from liability of any nature or kind, including but not limited to attorney's fees, costs and expenses for or on account of any copyrighted, patented or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the County. If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. This provision shall survive the expiration or earlier termination of the contract. 25. ASSIGNMENT, SUBCONTRACT: Contractor shall not transfer, convey, pledge, subcontract or assign the performance required by this bid without the prior written consent of the Director of Purchasing. Any Award issued pursuant to this bid invitation and the monies which may become due hereunder are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Director of Purchasing. 26. QUALIFICATIONS OF BIDDER: Bids will be considered only from firms normally engaged in providing the types of commodities /services specified herein. The Director of Purchasing or the Board of County Commissioners, reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The Director of Purchasing or the Board of County Commissioners will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. The Director of Purchasing or the Board of County Commissioners reserves the right to Page 4 of 6 Pages consider a bidder's history of citations and /or violations of Environmental regulations in determining responsibility. Bidder should submit with his proposal a complete history of all citations and /or violations notices and dispositions thereof. Failure of a Bidder to submit such information may be grounds for termination of any contract awarded to successful Bidder. Bidder shall notify the County immediately of notice of any citations or violations which they may receive after the Bid or Proposal opening date and during the time of performance under any Contract awarded to them. 27. EQUAL EMPLOYMENT OPPORTUNITY: No Contractor shall discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin, sexual orientation (including but not limited to Broward County Code, Chapter 16%:), marital status, political affiliation, disability, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, age, color, sex or national origin, sexual orientation, marital status, political affiliation, disability, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non - discrimination clause. The contractor selected to perform work on a County project must include the foregoing or similar language in its contracts with any subcontractors or sub consultants, except that any project assisted by U.S. Department of Transportation funds shall comply with the non - discrimination requirements in Title 49 C.F.R. Parts 23 and 26, as amended. The Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. Failure to comply with above requirements is a material breach of the contract, and may result in the termination of this contract or such other remedy as the County deems appropriate. 28. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity prior to the initiation of any such change. 29. RESOLUTION OF PROTESTED SOLICITATIONS AND PROPOSED AWARDS: In accordance with Sections 21.118 and 21.119 of the Broward County Procurement Code, if a vendor intends to protest a solicitation or proposed award of a contract the following apply: (a) Any protest concerning the bid or other solicitation specifications, or requirements must be made and received by the County within seven (7) business days from the posting of the solicitation or addendum on the Purchasing Division's website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest bid specifications or requirements is a waiver of the ability to protest the specifications or requirements. (b) Any protest concerning a solicitation or proposed award above the authority of the Director of Purchasing, after the bid opening, shall be submitted in writing and received by the County within five (5) business days from the posting of the recommendation for award on the Purchasing Division's website. (c) Any actual or prospective bidder or offeror who has a substantial interest in and is aggrieved in connection with proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award on the Purchasing Division's website. (d) For purposes of this section a business day is defined as Monday through Friday between 8:30am and 5:OOpm. Failure to timely file a protest within the time prescribed for a solicitation or proposed contract award shall be a waiver of the vendor's right to protest. (e) As a condition of initiating any bid protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee. The filing fee shall be based upon the estimated contract amount. For purposes of the protest, the estimated contract amount shall be the contract bid amount submitted by the protestor. If no contract bid amount was submitted, the estimated contract amount shall be the County's estimated contract price for the project. The County may accept cash, money order, certified check, or cashier's check, payable to Broward County Board of Commissioners. The filing fees are as follows: Estimated Contract Amount Filing Fee $30,000 - $250,000 $ 500 $250,001 - $500,000 $1,000 $500,001 - $5 million $3,000 Over $5 million $5,000 The estimated contract amount shall be based upon the contract bid amount submitted by the protestor. If no contract bid amount was submitted, the estimated contract amount shall be the County's estimated contract price for the project. The County may accept cash, money order, certified check, or cashier's check, payable to Broward County Board of County Commissioners. 30. PUBLIC ENTITY CRIMES ACT: Bidder represents that its response to this invitation for bid will not violate the Public Entity Crimes Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant or other provider who has been placed on the convicted vendor list following a conviction of a Public Entity Crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract with the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact any business with the County in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Bidder represents that its response to this Invitation For Bid is not a violation of Section 287.134, Florida Statues, which essentially states that the County, as a public entity, cannot do business with an entity that is on the "discriminatory vendor list' i.e., has been found by a court to have discriminated as defined therein. Violation of this section shall result in cancellation of the County purchase and may result in debarment. 31. RECYCLED CONTENT INFORMATION: In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The County is Page 5 of 6 Pages particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. 32. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each Governmental unit which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certificates as required by the bidder. It is understood and agreed that Broward County is not a legally bound party to any contractual agreement made between any other governmental unit and the bidder as a result of this bid. 33. PUBLIC RECORDS: Any material submitted in response to this Invitation For Bid will become a public document pursuant to Section 119.071, Florida Statutes. This includes material which the responding bidder might consider to be confidential or a trade secret. Any claim of confidentially is waived upon submission, effective after opening pursuant to Section 119.071, Florida Statutes. 34. AUDIT RIGHT AND RETENTION OF RECORDS: County shall have the right to audit the books, records, and accounts of contractor that are related to this project. Contractor shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries to the project. Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or (3) years, whichever is longer, the books, records and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by County to be applicable to contractor's records, contractor shall comply with all requirements thereof; however, no confidentiality or nondisclosure requirement of either federal or state law shall be violated by contractor. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County's disallowance and recovery of any payment upon such entry. The entire chapter of the Broward County Procurement Code describing the aforementioned subject matter can be obtained from the Purchasing Division's Website at: www.broward.org/purchasing. 35. STATE OF FLORIDA DIVISION OF CORPORATIONS REQUIREMENTS: It is the vendor's responsibility to comply with all state and local business requirements. All vendors located within Broward County and /or providing a service within the County must have a current Broward County Local Business Tax Receipt (formerly known as an Occupational License Tax). All corporations and partnerships must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact Broward County Records, Taxes and Treasury Division and the Florida Department of State, Division of Corporations. The County will review the vendor's business status based on the information provided in response to this solicitation. If the vendor is an out -of -state or foreign corporation or partnership, the vendor must obtain the authority to conduct business in the State of Florida. Corporations or partnerships that are not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed non - responsible. If successful in obtaining a contract award under this solicitation, the vendor must remain in good standing throughout the contractual period of performance. 36. SCRUTINIZED COMPANIES LIST Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal, or response to a solicitation must certify to the County that it is not on either list at the time of submitting a bid, proposal or response. The certification form will only be attached to a solicitation if the estimated purchase amount is $1 million dollars or greater and must be submitted at the time of submitting a bid, proposal or response. Under the circumstances, the County estimated purchase amount is no greater than $1 million dollars, but bid, proposal, response or resulting contract is $1 million dollars or greater, the County will exercise the right to require firm to submit the certification form by the imposed deadline. In either case, failure to timely provide the certification shall deem the submittal non- responsive. Page 6 of 6 Pages BF, o;A ARD COUNTY FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT PURCHASING DIVISION 115 S. Andrews Avenue, Room 212 - Fort Lauderdale, Florida 33301 -954- 357 -6065 - FAX 954357 -8535 ATTENTION Dear Vendor: Thank you for your interest in doing business with Broward County. We look forward to a very successful procurement process. Please take notice of the response submittal requirements outlined in this solicitation. Read and follow the instructions very carefully, as any misinterpretation or failure to comply with instructions could lead to your submittal being rejected. Any change(s) to this solicitation will be conveyed through the written addenda process. Notifications of addenda are sent electronically to vendors registered under the applicable commodity codes at the time the original solicitation was created. In addition, all addenda are posted on the Purchasing Division's website, www.broward.org /purchasing which can be accessed by selecting Current Solicitations. Please read carefully and follow all instructions provided on the addendum, as well as the instructions provided in the original solicitation. It is the responsibility of all potential vendors to monitor the Purchasing Division's website for any changing information prior to submitting their reply. It is the intent of the Purchasing Division to provide quality services. If you have any questions, please visit our website to view the information provided on "How to Do Business with Broward County — A Vendor's Guide," or feel free to contact the agent of concern. Again, thank you for your continued interest in doing business with Broward County. Sincerely, Brenda J. Billingsley, Director Broward County Purchasing Division Broward County Board of County Commissioners Sue Gunzburger • Dale V.C. Holness - Kristin Jacobs - Chip LaMarca - Ilene Llebemran - Stacy Ritter - John E. Rodstrom, Jr. - Barbara Sherief - Lois Wexler www.broward.org PREVIOUS CONTRACT NO. C508168B1 BID NO. F0921102131 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA Bid Submittal Summary Sheet for Public Reading The purpose of this page is to facilitate the efficient and accurate reading of your bid submittal at the Bid Opening. Your cooperation is appreciated in completing the following information and ensuring that it is placed as the first page of your bid submittal. The information on this page does not take the place of the bid documents or the bid sheet. In the event that there is a discrepancy between the information on this page and the information in the bid sheet, the information on the bid sheet will prevail. Bid Number: F0921102B1 Bid Title: Ferric Chloride /(Non - Sheltered Market) Name of Company: PVS Technologies, Inc. Total Bid Price: $127,600.00 Page 1 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102B1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA SPECIAL INSTRUCTIONS TO BIDDERS (IN ADDITION TO GENERAL CONDITIONS) FERRIC CHLORIDE (NON- SHELTERED MARKET) SUBMISSION OF SEALED BIDS: The Invitation for Bid form must be executed and submitted with all bid sheets and should be in a sealed envelope. The original should be signed in blue ink. Both the original bid and one (1) photocopy of your bid should be included in a single envelope. Bid submittals should not be professionally bound usina metal fasteners exceat for staolina. The Bidder is responsible for retaining a copy of all submittals for their own records. The face of the envelope should contain the company name, address, date and time of bid opening, bid number and bid title. Bids not submitted on bid sheets may be rejected. Bidder should not submit bids on their own form or any other form other than Broward County Bid Sheet. All bids are subject to the conditions specified herein. Bids which do not comply with these conditions are subject to rejection. SCOPE: Bids are hereby invited on an open -end basis for Ferric Chloride for Water and Wastewater Services and various other Broward County agencies that may have need of these services and products. The initial contract period shall start on date of award, or November 22, 2011, whichever is later and shall terminate one (1) year from that date. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. There will be no allowable price escalations for fuel costs throughout any contract period(s), unless otherwise specified in this document. The Director of Purchasing may renew this contract for two (2), one -year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. No guarantee is expressed or implied as to the total quantity of commodities /services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to: issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, make random, open market purchases for any or all of the item(s) on any open end contract or, any combination of the preceding. No delivery shall become due or be acceptable without a written order by the County, unless otherwise provided for in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. Page 2 of 33 PREVIOUS CONTRACT NO. C508168B1 BID NO. F0921102B1 2. SPECIFICATIONS AND REQUIREMENTS: The specifications, requirements and services to be provided are stated in Attachment "A" attached hereto and made a part hereof. 3. CONTINGENCY FEES: By submission of this offer, contractor certifies that no contingency fees (sometimes known as a finder's fee) has been paid to any person or organization other than a bona -fide employee working solely for the vendor to secure a contract made pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment of the contractor. 4. CONTACT INFORMATION: Bidders requiring additional bid information regarding any of the bid terms, conditions or administrative requirements should contact Kathy Davis, Purchasing Agent at 954.357.6087 or kdavis @broward.org. Bidders requiring technical clarifications should contact Jerry Baker at (954) 831 -3061. No change(s) and no interpretation(s) shall be considered binding unless provided to all bidders in writing by the Director of the Purchasing Division. 5. SECURITY REQUIREMENTS: Not applicable to this bid SPECIAL NOTICE: IN ACCORDANCE WITH OSHA REGULATION 29 CFR 1926.1101(K) (2), BIDDERS ARE NOTIFIED OF THE PRESENCE OF ASBESTOS CONTAINING MATERIAL AND /OR PRESUMED ASBESTOS CONTAINING MATERIAL AT SOME BROWARD COUNTY LOCATIONS. 6. SITE VISIT: Vendor may arrange for a site visit by contacting Jerry Baker at (954) 831 -3061. 7. DELIVERY AND ACCEPTANCE: Delivery time shall be computed in calendar days from the issuance date of purchase order. Although, actual requested date or number of calendar days for delivery may be specified, state on the Bid Sheet the number of calendar days required to make delivery and /or installation after issuance of purchase order or request for services. However, goods required for daily consumption, or where the delivery is an emergency, a replacement, or overdue, the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made not later than next succeeding business day. Delivery is FOB oestlnatlon, Trelgnt Incluaea ana is to De mane to the toi District One Water Treatment Plant 3701 North State Road 7 Lauderdale Lakes, FL 33319 or District Two Water Treatment Plant 1390 NE 50 Street Pompano Beach, FL 33064 *The Using Agency will advise delivery location at time of order placement >ite(s): Page 3 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102131 8. SAMPLES, PRODUCT LITERATURE AND DESCRIPTIVE CATALOGUES: Bidders will be required to submit samples of items offered for review and evaluation within five (5) calendar days when requested by the Broward County Purchasing Division. Vendors who do not comply with this request will be considered non - responsive. 9. INSURANCE REQUIREMENTS: (SAMPLE INSURANCE ATTACHED)(Attachment "E ") The following Insurance Requirements for Automobile Liability are not applicable where delivery will be made by a third party carrier. All vendors that will be making deliveries in their own vehicles are required to provide proof of insurance for Automobile Liability and other pertinent coverage as indicated below prior to award. If deliveries are being made by a third party carrier, other pertinent coverage listed on the certificate is still required. The Contractor should provide proper insurance, or a notarized letter of verification by the bidder's insurance provider which states the ability of the vendor in obtaining the required insurance, to the Purchasing Division within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Final award shall be subject to receipt and acceptance by the County of proof of meeting all insurance requirements of the bid. The Insurance Requirements contained in this Bid represent the minimal protection necessary for the County as determined by the Risk Management Division. Further modifications of the requirements may be made at the sole discretion of the Risk Management Division upon a material change in scope at any time during the term of the contract or at time of contract renewal upon mutual agreement of the parties. No award will be recommended until a written determination is made by Risk Management Division that the County is adequately protected. The low bidder should provide proper insurance, or a notarized letter of verification by the bidder's insurance provider which states the ability of the vendor in obtaining the required insurance, to the Purchasing Division within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Final award shall be subject to receipt and acceptance by the County of proof of meeting all insurance requirements of the bid. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by the COUNTY (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth in this Section. 9.1 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(ies) must include: 9.1.1 Employers' Liability with minimum limits of Five Hundred Thousand Dollars ($500.000.00) each accident. 9.1.2 Notice of Cancellation and /or Restriction -- The policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and /or restriction. 9.1.3 If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and Jones Act. Page 4 of 33 PREVIOUS CONTRACT NO. C5081 68B1 BID NO. F0921102131 9.2 Comprehensive General Liability with minimum limits of One Million Dollars ($1.000.000.00) per occurrence and One Million Dollars ($1.000.000.00) aggregate, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 9.2.1 Premises - Operations. 9.2.2 Explosion & Collapse Hazard. 9.2.3 Underground Hazard. 9.2.4 Products /Completed Operations Hazard. 9.2.5 Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and /or indemnification agreement. 9.2.6 Broad Form Property Damage. 9.2.7 Independent Contractors. 9.2.8 Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those /required for Bodily Injury Liability and Property Damage Liability. 9.2.9 COUNTY is to be included as an "Additional Insured" in the name of " Broward County Board of Commissioners" with respect to liability arising out of operations performed for COUNTY in connection with general supervision of such operation. 9.2.10 Notice of Cancellation and /or Restriction -- The policy(ies) must be endorsed to provide Broward County with thin (30) days notice of cancellation and /or restriction. 9.3 Business Automobile Liability with minimum limits of One Million Dollars ($1,000.000.00) per occurrence combined single limit for Bodily Injury Liability and Property policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 9.3.1 Comprehensive Form. 9.3.2 Owned Vehicles. 9.3.3 Hired Vehicles. 9.3.4 Non -Owned Vehicles. 9.3.5 Any auto, if applicable. 9.3.6 Notice of Cancellation and /or Restriction -- The policy(ies) must be endorsed to provide Broward County with the U days notice of cancellation and /or restrictions. Page 6 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102131 9.4 Installation Floater required for replacement of material, equipment, installation. All risk, agreed value. Otherwise, contractor will be responsible for tools, materials, equipment, machinery, etc., until completion, acceptance by County and County takes possession, with a deductible of not more than Ten Thousand Dollars ($10 000.00) each claim. 9.5 The CONTRACTOR shall be required to provide to the COUNTY Certificates of Insurance evidencing the insurance coverage specified in 9.1, 9.2, 9.3 and 9.4 above. The Contractor should provide these Certificates within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this Contract and section and the above paragraphs in accordance as required by such paragraphs of this Contract. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration. 9.6 Certificates of insurance shall be provided as specified in sub - section 9.5 above unless any of these coverages are, for just cause, inapplicable, and upon specific request by the vendor are excepted by written determination of Risk Management and approved by the Director of Purchasing. If an exception is requested, the bidder should indicate in the appropriate area on the bid sheet any such request including reason(s) thereto for exemption from insurance requirements as specified in this section of this invitation for bid /quotation request. 10. WARRANTY: The bidder should specify any warranty applicable to the items bid. 11. LOCAL BUSINESS TAX RECEIPT REQUIREMENTS: All vendors maintaining a business address within Broward County must have and provide a copy of a current Broward County Local Business Tax Receipt prior to contract award. The Contractor should provide a copy of its Local Business Tax Receipt within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Failure to do so may result in your bid being deemed non - responsive. Local Business Tax Receipts will be required pursuant to Chapter 205.065, Florida Statutes. For further information on obtaining or renewing your firm's Local Business Tax Receipt, contact the Records, Taxes and Treasury Division at (954) 357 -6200. Page 6 of 33 PREVIOUS CONTRACT NO. C6081 68131 BID NO. F0921102131 12. CONTRACTOR RESPONSIBILITIES: 12.1 The CONTRACTOR will be responsible for the provision and performance of all applicable equipment, materials, services, etc. offered in his or her Bid. The CONTRACTOR is in no way relieved of the responsibility for the performance of all applicable equipment furnished, or of assuring the timely delivery of materials, equipment, etc. even though it is not of his or her own manufacture. 12.2 The Contract Administrator will document the contractor's performance by completing a Vendor Performance Evaluation Form. A blank Performance Evaluation Form may be viewed at: httl2: / /www. broward.org /Purchasing/ documents/ vendorr)erformanceevaluationreauirements .adf and will be completed by the Contract Administrator based upon the following factors: i. For any fixed construction or services contract valued at $50,000 or more upon completion of the contract. ii. For any hardware or software implementation contracts valued at $20,000 or more as part of the final acceptance. iii. For any fixed commodities contract valued at $250,000 or more upon complete delivery of the commodities iv. For Master (open -end) Agreements and other continuing contracts by each using agency whose cumulative annual usage of the agreement exceeds $50,000, prior to any renewal, termination and upon the agreement expiration. v. For Work Authorizations valued at $30,000 or more, issued under a Library of Professional Consultant Services, a Library of Environmental Consultant Services, or other two -party agreement, upon project completion. vi. For contracts where the Office of Economic and Small Business Development (OESBD) has established goals, based on compliance with established goals and requirements. vii. The Contract Administrator may also initiate an interim evaluation at any time during the term for any contract. 13. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16 1/2) in performing any services pursuant to this Agreement. 14. LIVING WAGE ORDINANCE: Not applicable for this bid. Page 7 of 33 PREVIOUS CONTRACT NO. C508168B1 BID NO. F0921102B1 15. CONE OF SILENCE ORDINANCE: 15.1 The County's Cone of Silence Ordinance prohibits certain communications among vendors, county staff,- selection committee members, Commissioners and their staff. Any violations of this ordinance by any members of the responding firm or its joint venture(s) may be reported to the County's Office of Professional Standards. For Invitations for Bids the Cone of Silence shall be in effect for staff involved in the award decision process at the time of the solicitation advertisement. The Cone of Silence shall be in effect for the Board of County Commissioners upon bid opening for the solicitation. Pursuant to Section 1 -266, Broward County Code of Ordinances, as amended, the Cone of Silence Ordinance provides that after the advertisement of the bid solicitation, potential vendors and their representatives are substantially restricted from communicating regarding the Bid with the County Administrator, Deputy County Administrator, Assistant County Administrator, Assistants to the County Administrator, their respective support staff, or any or any staff person that is to evaluate or recommend selection in this bid process. The Cone of Silence Ordinance further provides that after the bid opening for this solicitation, potential vendors and their representatives are substantially restricted from communicating regarding this Bid with the County Commissioners and their staff. 15.2 This County's Ordinance prohibits certain communications among vendors, county staff, and selection committee members. Any violations of this ordinance by any members of the responding firm or its joint venturers may be reported to the County's Office of Professional Standards. 15.3 The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation. 16. SUPPLEMENT TO PURCHASE ORDER (Federal Funding): Not applicable 17. COUNTY BUSINESS ENTERPRISE (CBE): 17.1 The Broward County Business Enterprise Program (CBE Program) shall not apply to this contract. There is no CBE participation goal assigned to this contract. Although no CBE goal has been established for this contract, the County encourages contractors to give full consideration to the use of CBE firms to perform work under the contract. 18. BID /PROPOSAL GUARANTY: Not applicable 19. PERFORMANCE AND PAYMENT GUARANTY: Not applicable 20. QUALIFICATIONS OF SURETY: Not applicable 21. MULTIPLE AWARDS: Not applicable Page 8 of 33 PREVIOUS CONTRACT NO. C508168B1 BID NO. F0921102BI 22. PRICE ADJUSTMENT CLAUSES: The vendor may request a price increase effective with the 2nd renewal term /contract anniversary date. A written request must be submitted to the Director of Purchasing with a copy to the Purchasing Agent, the request should be submitted a minimum of ninety (90) days prior to contract renewal, but no later than the vendor's concurrence to renew. For this escalation clause to be applicable, the vendor must complete page 17, Price Adjustment Section, at time of Bid submittal. The price adjustment will be based on the annual percentage increase as determined by the Bureau of Labor Statistics, Producer Price Index (PPI) WPU06, Group: Chemicals and Allied Products, Item: Chemicals and Allied Products (see: bls.gov /ppi, PPI Databases, Commodity Data), exhibit next page. The annual price increase is limited to that as determined by the PPI, not to exceed 3% annually. The price adjustment request should be addressed to: Broward County, Purchasing Division Director of Purchasing, 115 South Andrews Avenue, Room 212 Ft. Lauderdale, Florida 33301 Cc: Purchasing Agent Written notification will be sent to the Vendor by the Director of Purchasing of the decision to accept or not accept the price increase. In the event of non - acceptance, the Contract will be deemed terminated as of the close of business the day on the contract expiration date. Any orders placed prior to the effective date will not be affected and will be invoiced at the price in effect at the time the order was placed. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the Contractor prior to the termination date even if no increase is granted by the Director of Purchasing. Failure to complete delivery may cause the Contractor to be debarred from doing business with the County according to the Broward County Procurement Code Section 21.119, Authority to Debar or Suspend. If during the contract period, the price should decrease a minimum of 3% below the most current contract price, the vendor is required to extend the price decrease to the County. The same data base and procedure applicable for a price increase will be used for a price decrease. Page 9 of 33 PREVIOUS CONTRACT NO. C608168131 Bureau oI Labor btatlstics uata BID NO. F0921102131 ragc t us t A to Z Indtx I FAQS I AEOut OLS I Contact US Subscribe to E -Ma Logan What's Now I "so" Calenpr I fits Nay Swrcht t1t.S gw Roma I Subject Areas I Databases A Toots I Publications I Economic Releases I B;Na ` Databases, Tables & Calculators by Subject FOW SUE: e® Change output From' 2009 j To 2011. Options: ❑ Indude graphs Data aftracted on: July 8, 2011 (2:44:52 PM) Producer Price index - Commodities 209102 Id: MPU06 Not Seasonally Adjusted GROUP: Chemicals and allied products Item: Chemicals and allied products Base Date: 198200 download: go axis. Z. , Year San Feb Mw A M Sun 3u! Induttnes at a Glance Localron Quotient Oct Nov Dec Annual 200" 226.8 226.5 225.8 225.2 225.6 227.8 230.0 231.1 232.0 231.7 233.3 236.7 229.4 20111 239.9 244.2 246.1 248.9 246.9 244.1 243.3 244.3 24S.8 248.8 252.1 254.7 246.6 2011 262.2 264. 268. P 273.2(P) 278. P P: Pteftinaryt AM Indexes are subjed to revitim four months after al publication. TOOLS CALCULATORS HELP INFO Arse at s Glance Inllabon Help S Tutorials Y~& New Induttnes at a Glance Localron Quotient FAQ* Careers Q BLS Economic Rebates Inpxy And Illness Glossary Find It! OOL Databases d Tables About 9LS Join our Me" Lmis Maps Contact Us Linking 3 Copyright dlo Freedom si Information Act 1 Priwagr A Security Statement I Obclainten I Customer sunlay I Important Web fits Netbes U.S. b"Au of Labor 9AUStla I Postal Square Banding. 2 Masaadmietta Avenue, NE Washington, DC 20212 -Ml www.bis.gov l Tdeowne: 1-202- NI -S200 I TOD: I-g00-877 -8339 I Contact us hap: // data .bia.gov /pdq/SurvcyOutputScrvlct 7/8/2011 Page 10 OF 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102B1 23. PREFERENCES: No contractor shall receive more than one county- authorized preference for the same procurement. If a contractor is eligible for more than one County- authorized bid preference for a particular procurement, the contractor shall be eligible to receive only the bid preference that is most favorable to the contractor. If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and /or local preferences, such preferences contained in the County's Local Vendor Ordinance, Domestic Partnership Ordinance and Procurement Code will not be applied in the procurement process. 23.1 DOMESTIC PARTNER CLAUSE: (Attachment "C ") aomestic partners. (Keterence Uralnance No. 1 uuq -its, as amended) In accordance with Broward County Code, Chapter 16 Y2 , section 16 Y2-157 and the Broward County Administrative Code, Subsections 21.31.a.,6.,7.,8., the Broward County Board of County Commissioners reserves the right to apply a preference in the award of a contract to those Contractors providing for nondiscrimination of benefits for domestic partners. This preference may be applied to all awards of $250,000 per annum or more. The determination to apply this preference shall be made by the Board of County Commissioners. To be eligible for the domestic partnership preference, a contractor's program eligibility criteria must be substantially equivalent to those established in Section 16 % -153 (b), Broward County Code. A contractor will be deemed ineligible for the domestic partnership preference if its benefits program discriminates against employees in violation of the Broward County Human Rights Act. 23.2 LOCAL PREFERENCE CLAUSE: In accordance with Broward County Ordinance No. 2004 -29, the Broward County Board of County Commissioners provides a local preference. This preference includes any county with which the Broward County Board of County Commissioners has entered into an inter -local agreement of reciprocity. Except where otherwise provided by federal or state law or other funding source restrictions, an apparent low bidder outside the preference area and a local bidder whose submittal is within 10% of the apparent low bid will be given the opportunity to submit a best and final offer. Award will then be to the low responsive, responsible bid. Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening, that authorizes the business to provide the goods, services or construction to be purchased and a physical address located within the limits of said county, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day -to -day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. 24. DRUG -FREE WORKPLACE CERTIFICATION: Broward County Procurement Code Chapter 21.31.a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a A workplace. The Drug Free Workplace Certification (Attachment "B ") should be furnished within five (5) business days after request by the Purchasing Agent but prior to recommendation of award to the Board of County Commissioners. Failure to provide this certification will render your office unqualified and ineligible for award. 25. BATTERY DISPOSAL: Not applicable Page 11 of 33 PREVIOUS CONTRACT NO. C50816861 BID NO. F092110261 26. DUN & BRADSTREET REPORT REQUIREMENT The submittal of a Dun & Bradstreet Report (s) (D&B Report) may be necessary for this bid as a condition for award. If required, the Contractor should have the D&B Report submitted to the County within ten (10) days of the County's request. The Contract Administrator for this project will determine the need for and the type(s) of D&B Report as soon as possible after bid opening. If implemented, the cost for the D&B Report will be paid for by the County as a pass -thru cost (no mark up will allowed and invoice verification of cost will be required) For any further information you require, please contact Dun & Bradstreet at: Phone Number: (800) 234 -3867 Fax Number: (610) 807 -1075 NOTE: The County may elect to utilize a report submitted by the bidder if issued within the previous six (6) months. 27. E- VERIFY PROGRAM CERTIFICATION: not applicable 28. NON - COLLUSION STATEMENT: By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (1989), who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if he or she directly or indirectly owns more than 5 percent of the total assets or capital stock of any business entity, or if he or she otherwise stands to personally gain if the contract is awarded to this vendor Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. NAME RELATIONSHIPS Not applicable. In the event the vendor does not indicate any relationship by leaving the above section blank, the County will take this to mean the vendor means no such relationships exist. Page 12 of 33 PREVIOUS CONTRACT NO. C608168B1 BID NO. F0921102131 29. SCRUTINIZED COMPANIES LIST Not applicable Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal or response to a solicitation must certify to the County that it is not on either list at the time of submitting a bid, proposal or response. The certification form is referenced as Attachment "F" and must be submitted at the time of submitting a bid, proposal or response. Failure to timely provide the certification shall deem the submittal non - responsive. Page 13 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102131 30. DOCUMENT CHECKLIST: THE FOLLOWING ITEMS MAY BE REQUIRED TO DETERMINE BID RESPONSIVENESS. PLEASE ENSURE THAT ALL APPLICABLE ITEMS ARE COMPLETED AND SUBMITTED WITH YOUR BID. FAILURE TO MEET THE APPLICABLE REQUIREMENTS MAY RENDER YOUR BID NON - RESPONSIVE. ADDITIONAL INFORMA'T'ION FOR THESE ITEMS CAN BE FOUND THROUGHOUT THIS BID DOCUMENT. A. §WAddendum The Invitation for Bid must be signed in ink. 0 If a MUST Addendum is required, it must be acknowledged on the Bid sheet or returned with your Bid. If a revised Bid sheet is required, it must be returned with the Addendum. B. Group Items Not applicable C. Bid Bond /Guaranty Not applicable D. Lice sing /Permits /Certificates See Attachment A, Specifications, 4.2 31. ADDITIONAL ITEMS: THE FOLLOWING DOCUMENTS SHOULD BE SUBMITTED WITH YOUR BID, BUT NO LATER THAN FIVE (5) BUSINESS DAYS FROM REQUEST OF THE PURCHASING AGENT. A. Supplements /Attachments -e' Copy of Broward County Local Business Tax Receipt (For Broward County Vendors) 0 The Non - Collusion Statement The Vendor Questionnaire Vendor's List (Non - Certified Sub - contractors /Suppliers) Drug Free Workplace Certification — Attachment "B" Domestic Partner Certification - Attachment "C" Litigation History Form — Attachment "D" Certificate of Insurance, per sample attached - Attachment "E" B' Scrutinized Companies Certification Form — Attachment "F" The Florida Department of State Certificate of Proof of application (see: sunbiz.org) * All original Bids must be received in the Purchasing Division no later than 2:00 p.m. on the opening date specified. Late Bids will not be accepted. Please allow additional time for traffic and parking. This Checklist is for informational purposes only, it is not necessary to return. Page 114 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102B1 BID SHEET ENERGY EFFICIENT SUBMERSIBLE PUMPS AND PARTS AND REPAIR (NON- SHELTERED MARKET) TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA All blanks have been filled in, BID SHEET is attached to the completed "Invitation For Bid" and returned herewith. In accordance with all terms, conditions, specifications and requirements, the bidder offers the following: ESTIMATED ITEM ANNUAL COMMODITY CODE #93881 UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE 116,000 Pounds Ferric Chloride $ 1.10 /Lb. $ 127,600.00 Per specifications, Attachment A. Minimum order quantity is 30,000 pounds. MANUFACTURER OFFERED: PVS Technologies, Inc. PART NUMBER: N/A Delivery shall be made between 8 a.m. and 3 p.m., Monday through Friday, except holidays and *County furlough days. Delivery at other times shall be by special arrangement only. *Vendor recommended for Award should obtain a calendar of County furlough days from Contract Administrator. Delivery should not exceed five (5) calendar days of the receipt of Purchase Order. Delivery MUST be FOB destination, freight included and shall be inclusive of all costs. Current and /or anticipated applicable fuel costs should be considered and included in the price quoted. Please indicate delivery time after receipt of Purchase Order: ' calendar days. Please indicate if delivery will be made by: Common Carrier Company Vehicle XR Other Vendor represents that its business is regularly engaged in and routinely sells the product(s) offered within this bid. YES ER NO ❑ Vendor affirms that it is an authorized dealer /seller of the product(s) offered herein on or before the opening date, and warranty offered is the manufacturer's warranty with Broward County recorded as the original purchaser. YES E4 NO ❑ Broward County reserves the right to request proof thereof prior to award. Bid results will be posted to the Broward County Purchasing website at NAME OF COMPANY: PVS yectnologies, I AUTHORIZED SIGNATURE: By signi this bid sheet your firm is agreeing to the terms And conditions of the Invitation for Bid. Page 15 of 33 PREVIOUS CONTRACT NO. C508168B1 BID NO. F0921102B1 INSURANCE EXCEPTION REQUESTS: In accordance with Paragraph 9.6 of "Special Instructions to Bidder" indicate if an exception to insurance requirements is being requested. Be specific and state reason: N/A RECYCLED CONTENT INFORMATION: 1. IS THE MATERIAL IN THE ABOVE: VIRGIN N OR RECYCLED ❑ (CHECK THE APPLICABLE BOX). IF RECYCLED, WHAT PERCENTAGE % PRODUCT DESCRIPTION: Liquid Ferric Chloride 2. IS YOUR PRODUCT PACKAGED AND /OR SHIPPED IN MATERIAL CONTAINING RECYCLED CONTENT? YES ❑ NO C SPECIFY: 3. IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED ITS INTENDED END USE? YES ❑ NO M SPECIFY: THE ABOVE IS NOT APPLICABLE IF THERE IS ONLY A PERSONAL SERVICE INVOLVED WITH NO PRODUCT INVOLVEMENT. ACCEPTANCE OF CREDIT CARDS: The County is considering making faster payments to our vendor community, in doing so we would prefer to make payment using Visa credit card. Would your company accept Visa credit card as payment from Broward County? YES ❑ NO IN PREFERENCES: DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE? YES ❑ NO IN DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE? YES ❑ NO IN NAME OF COMPANY: PVS Technologies, Inc. Page 16 of 33 PREVIOUS CONTRACT NO. C60816861 PRICE ADJUSTMENT SECTION: Price of Liquid Ferric Chloride t 1.10 Date August 19, 2011 BID NO. F092110261 per lb f e Provide Percentage ( 60 %) of final product attributable to Ferric Chloride /price offered to Broward County. NAME & ADDRESS OF SUPPLIER PVS Technologies, Inc. Doug Barnard Farkway ugusta, GA 30906 OTHER GOVERNMENT ENTITIES: THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED. ❑ YES 1N NO VENDOR FAX # 313 - 571 -6765 WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN MIAMI -DADE OR PALM BEACH COUNTIES? ❑ YES OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? ❑ YES 16 NO ADDENDA: LIST BELOW ALL ADDENDA (IDENTIFIED BY NUMBER) THAT YOUR COMPANY HAS RECEIVED AND HEREBY ACKNOWLEDGES SINCE ISSUANCE OF THIS BID: 1�1(svi e AS a� 01(q /l ! NOTICES TO BIDDER: 1. PLEASE COMPLETE APPLICABLE INFORMATION ON THE FACE OF THE INVITATION FOR BID /BIDDER ACKNOWLEDGMENT FORM (IFB). IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY: PVS Technologies, Inc. Page W of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102131 VENDOR QUESTIONNAIRE INFORMATION CONTAINED IN THIS DOCUMENT WILL BE USED BY THE COUNTY IN DETERMINING THE RESPONSIBILITY OF A RESPONDENT. THERE MUST BE A RESPONSE TO ALL QUESTIONS IN THIS DOCUMENT. INFORMATION MUST EITHER BE PROVIDED OR AN INDICATION OF "NONE" (IF APPROPRIATE). PLEASE DO NOT USE "N /A" AS A RESPONSE TO ANY QUESTION. THIS COMPLETED FORM, INCLUDING A RESPONSE TO ALL QUESTIONS, SHOULD BE SUBMITTED WITH THE SOLICITATION; HOWEVER, IT MUST BE SUBMITTED WITHIN FIVE (5) WORKING DAYS OF THE COUNTY'S REQUEST. FAILURE TO PROVIDE THE COMPLETED FORM MAY RESULT IN THE SOLICITATION BEING DEEMED NON - RESPONSIVE. The undersigned authorized representative of the Respondent certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business? 25 Years. 1A. What type of service /commodity does your company offer? Chemicals for Water and Wastewater Treatment processes. 2. What is the last project of this nature that you have completed? We have numerous municipalities as customers. 3. Have you ever failed to complete any work or not timely shipped commodities awarded to you? If yes, when and why? None NAME OF COMPANY: PVS Technologies, Inc. Page 18 of 33 PREVIOUS CONTRACT NO. C608168B1 BID NO. F0921102B1 VENDOR QUESTIONNAIRE (Continued) 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. Not applicable. 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have sold Ferric Chloride to: 4.1 Tampa Bay Water 2575 Enterprise Road, Clearwater, FL 727 - 796 -2355 (Contact Name) (Address) (Phone No.) Debra Woodall (Contract Number) Current Account (Date Services Provided) 4.2 City of Monroe 2401 Walkup Drive, Monroe, NC 704 - 282 -4603 (Contact Name) (Address) (Phone No.) Karen Penneger (Contract Number) Current contract (Date Services Provided) 4.3 Cobb County, 1772 County Servides Parkway, Merietta, GA 770 - 528 -8400 (Contact Name) (Address) (Phone No.) Purchasing Current account (Contract Number) (Date Services Provided) List the following information concerning all contracts in progress as of the date of submission of this solicitation. (In case of co- venture, list the information for all co- venturers.) TOTAL DATE OF % OF NAME OF OWNER OF CONTRACT COMPLETION COMPLETION PROJECT PHONE NO. VALUE PER CONTRACT TO DATE Not applicable. (Continue list on insert sheet, if necessary.) NAME OF COMPANY: PVS Technologies, Inc. Page 19 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102131 VENDOR QUESTIONNAIRE (Continued) 6. Has a representative of the Respondent completely inspected the proposed project site and does the Respondent have a complete plan for its performance? PVS is your current supplier and are familiar with the site. 7. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. Jose Gonzales / Technical Director 8. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 8.1 The correct name of the Respondent: PVS Technologies, Inc. 8.2 The business is a (Sole Proprietorship) (Partnership) (Corporation): Corporation 8.3 The address of principal place of business: 10900 Harper Avenue, Detroit, MI 48213 NAME OF COMPANY: PVS Technologies, Inc. Page 20 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102131 VENDOR QUESTIONNAIRE (Continued) 8.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: None 8.5 List all organizations which were predecessors to Respondent or in which the principals or officers of the Respondent were principals or officers. None 9. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last three (3) years. The list and descriptions should include claims against the bond of the Respondent and its predecessor organization(s). None 9.1 Has the Respondent, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last three (3) years? If yes, provide details. None NAME OF COMPANY: PVS Technologies, Inc. Page 21 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102B1 VENDOR QUESTIONNAIRE (Continued) 10 LITIGATION HISTORY REQUIREMENT The County will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the County all "material" cases filed or resolved in the three (3) year period ending with the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly- formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a "case" includes lawsuits, administrative hearings and arbitrations. A case is considered to be "material" if it relates, in whole or in part, to any of the following: 1. A similar type of work that the vendor is seeking to perform for the County under the current solicitation; 2. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation; 3. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract; 4. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary); or 5. A criminal proceeding or hearing concerning business - related offenses in which the vendor or its principals (including officers) were /are defendants. Notwithstanding the descriptions listed in paragraphs 1 — 5 above, a case is not considered to be "material" if the claims raised in the case involve only garnishment, auto negligence, personal injury, or a proof of claim filed by the vendor. For each material case, the vendor is required to provide all information identified in the form attached as Attachment "D" A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the vendor's subcontractors /subconsultants proposed to work on this project. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed non - responsive. Prior to making such determination, the vendor will have the ability to clarify the submittal and to explain why an undisclosed case is not material. NAME OF COMPANY: PVS Technologies, Inc. Page 22 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F092110261 B K;aV1/ARD 1 COUNTY FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT PURCHASING DIVISION 115 S. Andrews Avenue, Room 212 • Fort Lauderdale, Florida 33301 •954- 357 -6065 • FAX 954- 357 -8535 VENDOR'S LIST(NON- CERTIFIED SUBCONTRACTORS AND SUPPLIERS INFORMATION) THIS FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, IT MUST BE SUBMITTED WITHIN 5 CALENDAR DAYS OF COUNTY'S REQUEST. Provide this information for any sub vendor(s) who will provide a service to the County for this solicitation. This includes major suppliers as well. 1. Firm's Name: None 2. Firm's Address: 3. Firm's Telephone Number: Firm Email Address: 4. Contact Name and Position: 5. Alternate Contact Name and Position: 6. Alternate Contact Telephone Number: Email Address: 7. Bid /Proposal Number: Contracted Amount: 8. Type of Work/Supplies Bid: Award Date: 1. Firm's Name: None 2. Firm's Address: 3. Firm's Telephone Number: Firm Email Address: 4. Contact Name and Position: 5. Alternate Contact Name and Positio 6. Alternate Contact Telephone Number: Email Address: 7. Bid /Proposal Number: Contracted Amount: 8. Type of WoNSupplies Bid: Award Date: I y(erlAy that the inf r a i n ubmitted in this report is in fact true and correct to the best of my knowledge Note: the information provided herein is subject to verification by the Purchasing Division. Use additional sheets for more subcontractors or suppliers as necessary. Page 23 of 33 VP of Sales & Marketing August 19, 2011 Date S "gna ure Craig ikkefson Title Note: the information provided herein is subject to verification by the Purchasing Division. Use additional sheets for more subcontractors or suppliers as necessary. Page 23 of 33 PREVIOUS CONTRACT NO. C508168B1 ATTACHMENT "A" SPECIFICATIONS BID NO. F0921102B1 ITEM DESCRIPTION & SPECIFICATIONS VENDORS SHOULD SHOW WHAT IS OFFERED INCLUDING ANY DEVIATIONS FROM THE DESCRIPTION AND SPECIFICATIONS. THE PRODUCT OFFERED BY THE BIDDER MUST ON AN OVERALL BASIS BE EQUAL OR GREATER IN QUALITY OR PERFORMANCE THAN THE BID SPECIFICATIONS. BROWARD COUNTY RESERVES THE RIGHT TO BE THE SOLE JUDGE OF WHAT IS EQUAL AND ACCEPTABLE. BIDS WHICH DO NOT COMPLY WITH THESE REQUIREMENTS ARE SUBJECT TO REJECTION. SCOPE OF SERVICES: Item No. DESCRIPTION FERRIC CHLORIDE SOLUTION 1. GENERAL INFORMATION: COMPLY? COMMENTS YES NO 1.1 Example: Formula for calculation of delivered FECL3 ❑ by weight using a 39.29% standard solution. 39.29% X (Total weight delivered) X.344 = Pounds of Non - Aqueous FECL3.Item. 2. DESCRIPTION & APPLICATION: 2.1 Ferric Chloride solution to be used in potable water ❑ treatment must meet AWWA specifications B407 -05 as a minimum. 2.2 Additionally, the liquid Ferric Chloride supplied shall ❑ contain no substances capable of producing deleterious or injurious effects on the health of those consuming the potable water at a dosage rate of 40 ppm FEC13 in the treatment process. 2.3 The lime sludge produced in the potable water ❑ softening process shall be low total heavy metals and leachable heavy metals at a ph of 5 so as to require no additional sludge disposal. 3. VOLUME: 3.1 Approximately 116,000 pounds of solute (39.29 %) in K ❑ potable water treatment may be required during a twelve month period. Page 24 OF 33 PREVIOUS CONTRACT NO. C508168B1 ATTACHMENT "A" (Continued) SPECIFICATIONS SCOPE OF SERVICES: (Continued) Item BID NO. F0921102B1 No. DESCRIPTION COMPLY? COMMENTS FERRIC CHLORIDE SOLUTION (Continued) YES NO 4. REQUIREMENTS & RESTRICTIONS: ❑ 4.1 Vendor guarantees the average concentration of ❑ ferric chloride delivered over the life of the contract for potable water treatment will meet or exceed the concentration stated in proposal by Vendor. 4.1.1 Please state concentration ❑ 33 -41% 4.2 Delivery is to be made by tank truck. ❑ 4.2.1 Vendor must be certified to distribute and ❑ deliver hazardous materials and should submit a copy of their Hazardous Material Certificate of Registration for the current year, in accordance with the US Department of Transportation as required by 49 CFR Part 107, Subpart G. This certificate should be submitted with the bid submittal, but no later than five (5) days, from request of the Purchasing Agent. 4.2.2 Driver must have Hazardous Material [X ❑ endorsement on driver's license which must be available for review upon request. 4.3 Vendor is responsible for unloading of tank truck ❑ system and all clean up. 4.3.1 Certificate of analysis as to percent of [X ❑ concentration of the ferric chloride solution delivered is required to be presented at time of delivery. 4.4 Vendor must furnish Water and Wastewater Services Q ❑ (WWS) a representative sample (not less than 5 pounds) for analysis of solution concentration prior to bid award. The sample must be labeled with the vendor's name, manufacturer's brand name, and be delivered within five (5) calendar days. Page 25 of 33 PREVIOUS CONTRACT NO. C608168131 BID NO. F0921102B1 SCOPE OF SERVICES: (Continued) Item No. DESCRIPTION COMPLY? COMMENTS FERRIC CHLORIDE SOLUTION (Continued) YES NO 4. REQUIREMENTS & RESTRICTIONS: (Continued) X g 4.5 In the event that a vendor other than the existing R ❑ n/a Current Supplier vendor is selected for award, a test load will be required prior to award. 4.6 The Vendor will supply a tank of ferric chloride for 3-4 a ❑ weeks to complete a plant test. 4.6.1 The County will pay for product at price ❑ quoted in the bid. The Vendor is responsible for all other costs including set up and breakdown. 4.7 The Vendor and Using Agency will mutually agree e ❑ upon delivery date. 5. CONTAINERS /DELIVERY: 5.1 In the event that a shipment of ferric chloride fouls ❑ water plant equipment, the vendor is responsible to remove and dispose of all stored ferric chloride affected by the shipment, replace at no additional charge the affected ferric chloride with acceptable product and clean the tanks affected by the shipment. 5.2 Packing, shipping and shipping containers of all ($ ❑ Ferric Chloride shall conform to the current Interstate Commerce Commission and applicable intrastate regulations. 5.3 Vendor shall be responsible for unloading Ferric ❑ Chloride into County storage vessels. The Vendor shall furnish all equipment required for such a transfer. 5.4 Shipments will range from 30,000 to 50,000 pounds. IN ❑ 5.5 Each tank truck shipment shall be provided with clear IN ❑ identification of the materials and a warning of potential danger in handling. 5.6 The information on the Bill of Lading shall include the [ ❑ following: name of product, the net weight, the percentage of acid, the name and address of the manufacturer, the lot number, the brand name (if any) and such markings as are required by applicable laws. Page 26 of 33 PREVIOUS CONTRACT NO. C508168131 COPE OF SERVICES: (Continued) Item No. DESCRIPTION FERRIC CHLORIDE SOLUTION (Continued) S. CONTAINERS /DELIVERY: (Continued) 5.7 The bill of lading shall also include the statement. "This material meets requirements of 8407 -05 AWWA standard for Ferric Chloride." 5.8 A Material Data Safety Sheet (MSDS) must accompany any item delivered from a contract resulting from this bid. The MSDS must be maintained by Broward County Water facility and include the following: • Chemical name and the common name of the toxic substance. • Hazards or other risks in the use of toxic substances including: A. The potential for fire, corrosively, reactivity. B. The known acute and chronic health effects of risks from exposure, including medical conditions which are generally recognized and aggravated by exposure to the toxic substance. C. The primary routes of entry and symptoms of overexposure. • The proper precaution, handling practices, necessary personal protective equipment, and other safety precautions in the use of /or exposure to the toxic substance, including appropriate emergency treatment. 5.9 The emergency procedure for spills, fires, disposal and first aid. 5.10 A description in lay terms, of known specific health risks posed by the toxic substance intended to alert any person reading this information. 5.11 Please complete the followina: BID NO. F0921102B1 COMPLY? COMMENTS YES NO IN ❑ IN ❑ EMERGENCY CONTACT INFORMATION Name Emergency Phone No. Office Phone No. Email address Manufacturer P S Technologies 800 -- 337 -7428 800 - 337 - -7428 cu tomerservice @pvsch SUPPlier PVS Technologies 1800 - 337 -7428 800 - 337 -7428 custciMerservice@pvschem Technical Rep Customer Servic 800 - 337 -7428 800 - 337 -7428 cust merservice@ vschem Page 27 of 33 micals. com cals.cc cals.cc PREVIOUS CONTRACT NO. C508168131 COPE OF SERVICES: (Continued) Item No. DESCRIPTION FERRIC CHLORIDE SOLUTION (Continued) 6. CERTIFIED ANALYSES: 6.1 The vendor will provide a certified assay test for the sample provided, prior to Award, but no later than (5) five calendar days from request of Purchasing Agent. 6.2 Individual assay tests will be shipped in conjunction with each shipment throughout the term of the contract. 7. SECURITY REQUIREMENTS: The vendor must comply with the County's security requirements as follows: COMPLY? YES NO 7.1 At the time of delivery to WWS, the Vendor must X❑ ❑ provide written certification that their products are free of any contaminates that would jeopardize the safety and public welfare of our customers. 7.2 Random sampling of the delivered product may be 9 ❑ performed by Broward County WWS personnel. 7.3 Upon delivery, the Vendor will place tamper proof ❑ security seals on all chemical access ports on transport vehicles delivering to Broward County. 7.4 Any chemical delivery to WWS not meeting the ❑ above requirements will be rejected for delivery at no cost to the County. 7.5 At a minimum, the Vendor shall conduct a Florida ❑ criminal background check of all staff involved with the delivery of this product. 7.6 Broward County reserves the right to request copies ❑ of these background checks, with employee consent in conjunction with the Fair Credit Reporting Act. 7.7 The Vendor's personnel should wear a uniform and a x ❑ Company identification badge must be worn while operating at the Broward County WWS. These badges must indicate the name of the company/Vendor, the name of the employee and a photograph of the employee's face. BID NO. F092110261 COMMENTS Page 28 of 33 PREVIOUS CONTRACT NO. C508168B1 COPE OF SERVICES: (Continued) Item No. DESCRIPTION FERRIC CHLORIDE SOLUTION (Continued) 8. REFERENCES: 8.1 To be considered responsive, The Vendor must be an authorized, certified distributor with a minimum of two (2) years experience in furnishing, delivering and unloading ferric chloride to a minimum of two (2) different potable water municipalities similar in scope and size as Broward County. Broward County reserves the right to be the sole determination of what is equal and acceptable. 8.2 At a minimum, the Vendor should submit three (3) Letters of Reference with their Bid submittal, but must submit required references no later than five (5) days from request of the Purchasing Division. See Vendor Questionnaire, #4. 8.3 At a minimum, references should contain the following information: Municipality /Company • Address & Phone No. • Contact Name • Contract Volume (annual amount of ferric chloride). • Concentration level, years of service. 9. SHIPPING REQUIREMENTS: 9.1 The sample and certified assay test should be shipped to: Jerry Baker 2401 N Powerline Rd Pompano Beach, FL 33069 Phone: (954) 831 -3061 9.2 The Vendor must be actively registered with the FL Department of State in order to do business with Broward County. The vendor should submit a copy of their registration or proof of application with their Bid submittal. (See: sunbiz.org). COMPLY? YES NO iii 9 i� El ri, 0 0 u u x BID NO. F0921102B1 COMMENTS Page 29 of 33 PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102131 ATTACHMENT "B" DRUG FREE WORKPLACE CERTIFICATION The undersigned vendor hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (1) The dangers of drug abuse in the workplace; (ii) The offeror's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall: (1) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's 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 of any state, for a violation occurring in the workplace NO later than five days after such conviction. (5) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (1) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforceme or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace pro am through im me a n bparagraphs (1) through (6) Craig(V i�rre�sonure) STATE OF MICHIGAN COUNTY OF WAYNE The foregoing instrument was acknowledged before me this' 9 thday of August by Craig Mikkelson as (Print Vendor Name) (Name of person who's signature is being notarized) VP of Sales & Marketing of PVS Technologies, Inc. (Title) known to me to be the person described herein, or who produced as identification, and who did /did not take an oath. N TARY PUBLIC: _adA:P� CM qKL�L (Signature Eileen Mc onnell (Print Name) My m-nmission expires: December 23, 2014 20 11 (Name of Corporation /Company) Drivers License (Type of Identification) EILEEN MCDONNELL Notary Public, State of Michlgafl Wayne County, Michigan gCi. n Tres 6 Ca" Page 30 of 33 NIA PREVIOUS CONTRACT NO. C508168131 BID NO. F0921102B1 ATTACHMENT "C" CERTIFICATION OF VENDORS PROVIDING BENEFITS FOR DOMESTIC PARTNERS The undersigned vendor hereby certifies that its employee benefits policies are in compliance with Broward County Ordinance #1999- 03, as amended by Broward County Ordinance #1999 -18, as follows: A. Vendor's employee benefits program includes the following minimum standards: 1. Any vendor's employee who is a party to a domestic partnership relationship is entitled to elect insurance coverage for his or her domestic partner or a dependent of such domestic partner on the same basis in which any other vendor's employee may elect insurance coverage for his or her spouse or dependents. A vendor's employee's right to elect insurance coverage for his or her domestic partner, or the partner's dependent, extends to all forms of insurance provided by the vendor to the spouses and dependents of vendor's employees. 2. Any vendor's employee who is a party to a domestic partnership relationship is entitled to use all forms of leave provided by the vendor including, but not limited to sick leave and annual leave to care for his or her domestic partner or the dependent of the domestic partner as applicable. 3. All other benefits available to the spouses and dependents of vendor's employees are made available on the same basis to the domestic partner, or dependent of such domestic partner, of a vendor's employee who is party to a domestic partnership relationship. 4. It is within the vendor's discretion as to what benefits are provided to its employees and whether vendor's employees who are party to a domestic partnership relationship must be registered in accordance with Broward County Ordinance No. 1999 -03, as amended, in order to be eligible for access to employee benefits. B. The vendor's domestic partnership eligibility criteria are substantially equivalent to the following: 1. Each domestic partner is at least 18 years old and competent to contract. 2. Neither domestic partner is married nor a partner to another domestic partnership relationship. 3. The domestic partners are not related by blood. 4. Consent of either domestic partner to the domestic partnership relationship has not been obtained by force, duress, or fraud. 5. Each domestic partner agrees to be jointly responsible for each other's basic food and shelter. (Vendor signature) (Print vendor name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of by as (Name of person whose signature is being notarized) (Title) of , known to me to be the person described (Name of corporation /entity) herein, or who produced as identification, and who did /did not take an oath. (Type of identification) NOTARY PUBLIC: (Signature) name) State of at Large (SEAL) My commission expires: Page 31 OF 33 PREVIOUS CONTRACT NO. C508168131 W, ATTACHMENT "D" BID NO. F0921102B1 Party Vendor is Plaintiff ❑ Vendor is Defendant ❑ Case Name Case Number Date Filed Name of Court or other tribunal Civil ❑ Administrative /Regulatory ❑ Type of Case Criminal ❑ Bankruptcy ❑ Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Disposition of Case Pending ❑ Settled ❑ Dismissed ❑ Judgment Vendor's Favor ❑ (Attach copy of any applicable Judgment, Settlement Agreement Judgment Against Vendor ❑ and Satisfaction of Judgment.) If Judgment Against, is Judgment Satisfied? Yes ❑ No ❑ Name: Opposing Counsel Email: Phone number: NAME OF COMPANY: PVS Technologies, Inc. Litigation History Form #149 06/15/2011 Page 32 of 33 PREVIOUS CONTRACT NO. C608168131 BID NO. F0921102131 ATTACHMENT "E" INSURANCE REQUIREMENTS The following coverage is deemed appropriate for minimum insurance requirements for the project and wit be rsWired of Ihs selected a— fw Ar Md .nnssrtwf An.. A —A.A.n — rlh— A,.Ann 0— —nfrxf nAAAW&Nnn rarinA &hW1 ho nnnrrrrwd by Rkk Met- Scooa of Boviras: Ferric Chloride Solution Requestonowlslon: I Y. McGee - VMNIfS Certificate Holder Broward County Board of County Commissioners TYPE OF INSURANCE Risk Management DMsion, RM 210 11 S South Andrews Avecm Fort Lauderdale FL 33301 GENERAL LIABILITY I Certificate Holder must be additional Insured Limbs on Liability in Thoaaande of DoNore f+ Coranerchd General f+ Prords000peratione, Each Occurrence Aggregate r Exptaelon & Collapse r Underground Hetard SodNy, Injury and Properly Damage F O HwArd Combined F Car&acWW Insurance Personal Injury F Broad f=orm Property Damage (Independent Conb2ctora) $500K $500K F7 Broad Form Property Damage AUTO LIABILITY Soddy Injury and R Comprelmshre Form 0 Owned fi Mired Property Damage i500K(Waived, It delivered by N Non -Owned Q Any Aldo Combined Third Patty) EXCESS LIABILITY / Certificate Holder must be additional Bodily Injury and insured property Damage SK SK r Umbrella Form Combined r Other Than Umbrella Form r POLLUTION & ENVIRONMENTAL IMPAIRMENT Max. SK $K LI1A1BILrrY Ded• fY Ix) STATUTORY (eat:h accident) $100K WORKER'S COMPENSATION AND EMPLOYER'S NOTE' - If the Company Is exempt from Workers' Compensation LIABILITY ( NOTE •) K any operasons are to be kundubgm on or about navigable waters, coverage mud be Coverage. please Provide a letter on oompany Warhead or a included for U.S. Longshoremen 3 Harbor Wokksrs' AcY 3 copy of the SW& exemption vrrid documents @cis status and Jones Acl atlachb to the Certillrale of Insurance for approval. r PROFESSIONAL LIABILITY — EaO ac, SK pM ter (Contractor shall maintain E&O In force for 2 yours alter VENDOR RESPONSIBLE FOR DEDUCTIBLE completion of d work required) � value reed r PROPERTY COVERAGE 1 BUILDERS RISK ed. SK Ded Replacement Coat Subject to walver teeed on type and nature of project Wind ParN not to exceed 6% of Pro" Max 00d. 10K AN Pwib Except Wald or Flood t— Installation floater kequirod for Projects greater than SSOk. Agreed value Replacement Cost Contractor responsible for all tools, dahwKiblsa, equipment. machinery, eta., unM completion and acceptance by CANCELLATION NOTICE. RECOMMENDED Thirty (30) Day wrltlen notice of cancellation required to the Cerd6cate Holder = IP •f Authorized Signature Page 33 OF 33 FERRIC CHLORIDE SOLUTION Page 1 of MSDS Revision Date: January 5, 2009 MATERIAL SAFETY DATA SHEET SECTION 1— PRODUCT AND COMPANY IDENTIFICATION Product identifier: FERRIC CHLORIDE- Ddnlang Water Grade Typical product use: Water and wastewater treatment, treatment of industrial waste water. Supplier name and address: Manufacturer's name and address: P TES Technologies, Inc. Refer to supplier 10900 Harper Avenue Detroit, MI 48213 USA 313 -571 -:100 24 Hour Transportation Emergency Telephone f: (800) 424 -9300 (Chemtrec) SECTION 2 — HAZARDS IDENTIFICATION EMERGENCY OVERVIEW Reddish brown liquid, slight iron / acid odor. Danger! Corrosive material. Causes bums. Reacts with metals to release flammable hydrogen gas. May be harmful or fatal if swallowed in large amounts. Effects;may be delayed. ** *POTENTIAL HEALTH EFFECTS * ** Target organs: Eyes, skin, respiratory system, digestive system. Signs and symptoms of short-term (acute) exposure: Inhalation: Vapors and mists may be corrosive or irritating to the nose, throat and respiratory tract. Symptoms may include burning sensation, coughing, shortness of breath, lung inflammation and pulmonary edema (fluid accumulation). Skin contact: Vapors, mists and liquids may cause severe irritation and/or corrosive bums to the skin. Symptoms may include dryness, discomfort or rash, deep burns and tissue damage. Eye contact: Direct eye contact may cause severe irritation, tearing. blurred vision, corrosive bums, severe damage, eye Lnjury and permanent blindness. Ingestion: Vapors, mists and liquids are corrosive to the mouth, throat and 'digestive system. Ingestion may result in abnormal liver and kidney function. Symptoms may include nausea, vomiting, pain, diarrhea, coma and death. Efects may be delayed by up to three days. Effects of long -term (chronic) exposure: Chronic skin contact with low concentrations may cause dermatitis. Other important hazards: Eye contact may cause eye tissue discoloration. For further information on other important hazards, see TOXICOLOGICAL INFORMATION, Section 11. SECTION 3 — COMPOSITION / INFORMATION ON;INGREDIENTS % LCO (rat, inh) LDso (mg/!S) Ineredients CAS w 'Qht (mQ/m3 / 4hr) rat, oral dermal, rabbit Ferric chloride 7705 -08 -0 37-45 not available 500-5000 > 20000 Water 7732 -18 -5 55-63 not available 90 ml/Kg not available SECTION 4 — FIRST AID MEASURES Inhalation: Immediately remove person to fresh air. If breathing stops, provide rescue breathing. If breathing is difficult, administer oxygen by qualified medical personnel only. Obtain medical attention. Skin contact: Flush immediately with water for at least 30 minutes, while removing Contaminated clothing under running water. Obtain immediate medical attention. Wash clothing before reuse. Eye contact: immediately flush with water for at least 30 minutes. Obtain immedia {e medical attention. Ingestion: If swallowed, DO NOT induce vomiting. Have victim rinse mouth with water, then give victim one to two glasses of water to drink. Never give anything by mouth to an unconscious person. Obtain immediate medical attention. Document Number.: ( Page 1 of 4 1 Revision No.: Revision Date: 3 110510 j FERRIC CHLORIDE SOLUTION Page 2 of 4 MSDS Revision Date: January 5, 2009 ` j SECTION 5 — FIRE FIGHTING MEASURES Fire hazards /conditions of flammability: This material is not considered to be flammable. Product may release small amounts of flammable Hydrogen gas on contact with metals. Closed containers may rupture if exposed to excess heat or flame, due to a build -up of internal pressure. Flash point (Method): Not Applicable Auto-ignition temperature: Not Applicable Lower flammable limit (% by volume): Not Applicable Upper flammable limit (% by volume): Not Applicable Explosion data: Sensitivity to mechanical impact /static discha oe: Not Applicable Oxidizing properties: Data not available Suitable extinguishing media: Use water spray, water fog, alcohol resistant foam, dry chemicals, COZ or other agents as appropriate for surrounding fires. Special fire- fighting procedures /equipment: Firefighters should wear proper protective equipment and a self- contained breathing apparatus. Move containers from fire area if it can be done without risk. Water spray maybe useful in cooling equipment and containers exposed to heat and flame. Hazardous combustion products: May release toxic fumes of Hydrogen Chloride gas in a fire. SECTION 6 —ACCIDENTAL RELEASE :MEASURES Personal precautions: Restrict access to area until completion of clean -up. Ensure clean -up is conducted by trained personnel only. All persons dealing with clean-up should wear the appropriate protective equipment including self- contained breathing apparatus and boots. Keep all other personnel upwind and away from the spill/release. Environmental precautions: Ensure spilled product does not enter drains, sewers, waterways, or confined spaces. Dike far ahead of the spill for later recovery or disposal. Spill response/Cleanup: Ventilate area of release. Stop leak if you can do so without risk. Neutralize spill with lime or soda ash. Absorb neutralized spill with inert absorbent material, then place absorbent material into a suitable, labeled container for later disposal (see Section 13). Flush spill area with water, in accordance with applicable regulations, to waste treatment system. Notify the appropriate authorities as required. Reportable Quantity: Spills over 1000 dry pounds (454Kg) must be reported to National Response Center (800) 424 -8802. SECTION 7 — HANDLING AND STORAGE Safe handling procedures: This material is corrosive. Wear appropriate chemically protective equipment Use in a well ventilated area with proper engineering controls. Avoid inhalation of vapors. Avoid contact with skin, eyes and clothing. Keep away from heat and flame. Keep away from metals and other incompatible materials. Protect container from physical damage. Do not strike containers or fittings with tools or hard objects. Keep container closed and dry. Wash thoroughly after handling. Emptied container may retain vapor and product residue. Storage requirements: Store in a cool, dry, well - ventilated area away from all sources of heat and incompatible materials. Storage area should be clearly identified, clear of obstruction, and accessible only to trained and authorized personnel. Inspect periodically for damage or leaks. Incompatible materials: Oxidizing agents, metals, strong bases, reducing agents, alcohols, sulfides, monomers (e.g. Styrene). Special packaging materials: Always keep in containers made of the same materials as! the supply container. SECTION 8 — EXPOSURE CONTROLS / PERSONAL PROTECTION Permissible exposure levels: Ingredient name: , OSHA PEL ACGIH TLV Ferric chloride j * t mg/m3 (final rule / vacated limit) *j m2;/m3 *Note: The OSHA PEL's and ACGIH TLV's listed above for Ferric chloride are for "Iron salts, soluble, as Fe ". Ventilation and engineering controls: Provide good general room ventilation to minimize exposure to vapors or mists. Local exhaust ventilation may be required in order to meet TLV requirements. ii Document Number.: ' Page 2 of 4 Revision No.: Revision Date: + 3 1105109 FERRIC CHLORIDE SOLUTION Page 3 of �ISDS Revision Date: January 5, 2009 SECTION 8 — EXPOSURE CONTROLS / PERSONAL PROTECTION Continued Respiratory protection: Respiratory protection is required if the airborne concentration exceeds the TLV. NIOSH- approved full face respirators are recommended depending on the airborne concentration levels. Advice should be sought from respiratory protection specialists. Protective gloves: Gloves impervious to the material must be wom. Confirmation of what type of material is most suitable for the intended application, should be obtained from glove suppliers. Eye protection: Chemical splash goggles to prevent direct contact or injury. Do not wear contact lenses. Other protective equipment: Fear protective clothing to minimize skin contact. Full -face shield, rubber footwear, acid - resistant hood and 5211 -body suit recommended as appropriate. An eyewash station and safety shower should be made available in the immediate working area. Other equipment may be required depending on workplace standards. SECTION 9 — PHYSICAL AND CHEMICAL PROPERTIES Physical form, color and odor. Reddish brown liquid, sLght iron/acid odor Odor threshold: Not Available Boiling point: 230 °F (110 °C) Specific gravity (water -1): 1.432 @ 17.5 °C (40% solution). Coefficient of oil/water distribution: Not Available Solubility in water ( %): Complete Volatile organic compounds (VOC's): Not Applicable pH, < 2.0. Evaporation rate (nBuAC =1): <I Melting/freezing point: -15'F(37% solution) Vapour pressure: Negligible. Vapour density (Air--I): Not Applicable Percent Volatile by Weight: Not Available SECTION 10 —STABILITY AND REACTIVITY Stability and reactivity: Stable under the recommended storage and handling conditions prescribed. Product may release small amounts of flammable Hydrogen gas on contact with metals. Hazardous polymerization will not occur. Conditions to avoid: Avoid contact with incompatible materials, heat and flame. Material is acidic and corrodes most metals. Materials to avoid: incompatible materials (see Section 7). Hazardous decomposition products:. Product may release small amounts of flammable Hydrogen gas on contact with metals SECTION 11— TOXICOLOGICAL INFORMATION Routes of exposure: Skin contact, eye contact, inhalation and ingestion. Toxicological data: "here is no available data for the product itself, only for the ingredients. Ingredient: Ferric Chloride LD50- Rat, Oral, 500 — 5000 mg/Kg. Rabbit, Dermal, >2000 mg/Kg Carcinogenicity: None of the listed ingredients are classified as carcinogenic by IARC or ACGIH_ Teratogenicity, mutagenicity, other reproductive effects: None known. Sensitization to material: No skin or respiratory sensitization effects are known. Synergistic materials: Not Available. Conditions aggravated by exposure: None known. SECTION 12 — ECOLOGICAL INFORMATION Environmental effects: The product should not be allowed to enter drains or water courses or be deposited where it can affect ground or surface waters. Important environmental characteristics: Not Available Aquatic toxicity: Fat Head Minnows LC 50 > 1000ppm. Daphnia Magna LC50 > 1000 ppm. SECTION 13 — DISPOSAL CONSIDERATIONS Handling for disposal: Handle waste according to recommendations in Section 7. Do not allow waste product or container to contaminate waterways. Methods of disposal: Containers should be disposed of in accordance with all applicable federal, state, and local re- i lations i Document Numbe..: page 3 of 4 Revisior. No.: Revision Date: i 1 3 ! 1/05/00 FERRIC CHLORIDE SOLUTION Page 4 of 4 MSDS Revision Dew: 7anuay 5, 2009 SECTION 14 — TRANSPORT INFORMATION Department of Transportation (DOT) Information: Proper Shipping Name: FERRIC CHLORIDE, SOLUTION UN No.: UN2582 Primary Class(es): 8 Subsidiary Class(es): None Packing Group: II= Label: Corrosive Other Shipping Information: Emergency Guidebook Number 154. i SECTION 15 — REGULATORY INFORMATION U.S. Federal Regulations: OSHA: This product is hazardous by definition of Hazard Communication Standard (29CFR19 i 0.1200). SARA TITLE III (Superfund Amendments and Reauthorization Act of 1986) Section 311/312 Hazard and Physical Hazards: immediate Yes Delayed yes r re: no Pressure: no Reactivity: no CERCLA/SUPERFUND (40 CFR 117, 302) inzredient RO (Reportable Quantity) `erric chloride, solution 1000 pounds, anhydrous basis RCRA: If discarded in its purchased form, this product would be a hazardous waste by characteristic. Under RCRA, it is the responsibility of the product user to determine at the time of disposal; whether a material containing the product or derived from the product should be classified as a hazardous waste.', This product contains no Class I or Class II Ozone Depleting Chemicals TSCA: All compounds contained in this product are in the TS CA inventory DOT: Please see Section 14. SECTION 16 —OTHER INFORMATION The following label hazard ratings are recommended for containers of Ferric Chloride, Solution: (hazard Index Key: 4 = severe; 3 = serious; 2 = moderate; 1 = slight; 0 = minimal) NFPA Health Flammability Reactivity HMIS Health Flammability Reactivity Prepared by: PVS Technologies, Inc. Telephone No. 313-57 1 -1100 Preparation date: December 18, 2008. Revision information: - Sections 2 and 3 reversed to meet new ANSI standards, all other sections revised and updated END OF DOCUMENT 1 Document Number.: page 4 of 4 1 Revision No.: Revision Date: l 3 1105109 11 SUSS /D /,4.9YOr'P ?�S CHE /v1 /C.9L 5; /NC. 70900 HARPER AVENUE, DETROIT, M/ 48213 (313) 571 -1100 FAX (313) 571 -6765 LIQUID FERRIC CHLORIDE Augusta, GA and Detroit, MI Facilities Drinking Water Grade and Technical Grade' Description =VS T-- chnologies Liquid Ferric Chloride is a concentrated solution of iron III Chloride (FeCL) in is manufactured from high purity raw materials in an oxidation process using chlorine and :roes chioride solution. Principal Uses Potable water treatment: Wastewater treatment: urbidlty reduction. v Phosphate precipitation and removal Color eiminatio ° Enhanced sedimentation - :nhanced coal-ulation, NOS? and Dewate_ing of all types of sludge 7 BP precursor remova'_ streams `.;ufter?ing solids sedimentation ® Polymer flocculants enhancement and Jiuue cuCiior. stabilization cad control though a wide. ° Sulfid',e based odors elimination )? application range ° Struvfte control .iii ,r conditioning i i SPECIFICATIONS Appearance A dark red /brown liquid y Concentratii -ons Fe;Cl 37 - 42% (adjusted seasonally Or as required) cCi 0.75% maximum Frec Acid as HCl 1.0% maximum Drinking Water Grade 3.5% maximum Technical Grade insolubies 0.008% (80 ppm) maximum Radionuciides None Detected Specific gravity x 1.38 - 1.49 Viscosity 12.1 centipoises for a 40% solution Crystallization 1 37% FeCh - 15° F; 40% FeCI3 25 °F ANSUNSF Standard 60 Certified Maximum use level - 400 ppm as solution CAS No. 7705 -08 -0 � rt JN Classification I UN2582, Ferric Chloride Solution SQC data available on request '10 NSF international OFFICIAL LISTING NSF International Certifies that the products appearing on this Listing conform to the rec_uirements of NSF /ANSI Standard 60 - Drinking Water Treatment Chemicals'- Health Effects This is the Official Listing recorded on February 23, 20!1. ?JS Technologies 10900 Harper Avenue Detroit, MI 48213 313 -571 -1100 Facility: Distribution Ce:ter - Baltimore, 2&L C *_e�icall Trade Designation Function IM;--% 'Use Ferric Chloride =erric Chloride, Solution Coagulation & Flocculation 250 mg /L Liquid ?erric Chloride Coagulation & Flocculation 250 mg /L Liquid Ferric Chloride - DWG Coagulation & Flocculation' 250 mg /L Facility: Distribution Center - Chicago, 2L Chenica!/ i Trade Desigzatio= Function Max Ise Ferric Chloride Ferric Chloride, Solution Coagulation & Flocculation 250 mg /L Liquid Ferric Chloride Coagulation & Flocculation: 250 mg /L Liquid Ferric Chloride - DWG Coagulation & Flocculationi , i 250 mg /L Facility: Distribution center - Craftoa, PA C'.:excal/ -Fade Designation Function Max Use Ferric C= loride Ferric Chloride, Solution Coagulation & Flocculation; 250 mg /L Lia,uid ?erric Chloride Coagulation & Flocculation' 250 mg /L -icuid Ferric Chloride - DWG Coagulation & Flocculation; 250 mg /L Facility: Distribution Center - East St. Louis, IL Chesical/ Trade Designation Function Max Use Ferric Chloride ?erric Chloride, Solution Coagulation & Flocculation', 250 mg /L Liquid Ferric Chloride Coagulation & Flocculation, 250 mg /L _icuid Ferric Cloride - DWG CoagJ.ulation & Flocculation i 250 mg /L Ferrous Chloride Ferrous Chloride Coagulation & Flocculation' 250 mg /L Ferrous Chloride, Solution. Coagulation & Flocculation' 250 mg /L Liquid Ferrous Chloride Coagulation & Flocculation 250 mg /L Facility: Distribution Center - Lakeville, MN Chesical/ Trade Designation Function Max Use Note: Additions snail not be made to this document without prior evaluation and acceptance by NSF International. 1 of 6 3U690 73S K. Dixboro Road, :inn :Argo:, Michigan 48; .23 LISA 1- 900- NSF - \9ARK 1:734- 769-3010 w ww.nsC.org NSF International Ferric Chloride Ferric Chloride, Solution Coagulation & Flocculation 250 mg /L Liquid Ferric Chloride Coagulation & Flocculation 250 mg /L Liquid Ferric Chloride - DWG Coagulation & Flocculation_ 250 mg /L Faci'__ty: Distribution Center - Petersburg, tin r—',emical/ ?ride Designation Function max Use Ferric Chloride Ferric Chloride, Solu_ion Coagulation & Flocculation 250 mg /L L -said Ferric Chloride Coagulation & Flocculation 250 mg /L Licuid Ferric Chloride - DSvG Coagulation & Flocculation 250 mg /L Facility: Distribution Center - ?= iiadelphia, ?A < e=.ical/ Trade Designation fiction Max Use Ferric Chloride Ferric _ Chloride, Solution Coagulation & Flocculation 250 mg/-T Liquid Ferric Chloride Coagulation & Flocculation 250 mg /L Liquid Ferric Chloride - DWG Coagulation & Flocculation 250 mg /L Facility: Distribution Center - Syracuse, NY Chemical/ Trade Designation - fiction Max use Ferric Chloride Ferric C^ioride, Solution Coagulation & Flocculation i 250 mg /L Liquid Ferric Chloride Coagulation & Flocculation 2S0 mg /L Liquid Ferric Chloride - DWG Coagulation & Flocculation. 250 mg /L Facility: 5ouston, Tx Chemical/ Trade Designation :,faction Max Use _=err c Chloride ____c Chloride, Solution Coagulation & Flocculation 250 mg /L LFC Coagulation & Flocculation 250 mg /L LTC -DWG Coagulation & Flocculation 250 mg /L Liquid Ferric Chloride Coagulation & Flocculation 250 mg /L Liauid Ferric Chloride Coagulation & Flocculation 250 mg /L Drinking water Grade (DWG) Facility: Augusta, GA C- eical/ Trade Designation Function Max Use Ferric Chloride _____ ^_c Chloride, Solution Coagulation & Flocculation 250 mg /L :I_.. Coagulation & Flocculation 250 mg /L LFC -DWG Coagulation & Flocculation 250 mg /L Liquid Ferric Chloride Coagulation & Flocculation 250 mg /L Liquid Ferric Chloride Coagulation & Flocculation 250 mg /L prinking water Grade (DWG) Ferrous Chloride Ferrous Chloride, Solution_ Coagulation & Flocculation 250 mg /L Liquid Ferrous Chloride Coagulation & Flocculation 250 mg /L Note: Additions shall not be made to this document without prior evaluation.and acceptance by NSF International. 2 of 6 3U690 739 N. Dixboro Road, :1a^ A bo:. Michigan 4810,5-9723 USA i- RGO- VSF- A•T.ARK i 734 -769 -8010 ENSF .NSF International Liquid Ferrous Chloride - DWG Coagulation & Flocculation 250 mg /L Facility: Detroit, M= C'*semical/ Trade Designation Function P*ax 'Use Fe_^_ic Chloride Ferric Chloride, Solutio. Coagulation & Flocculation. 250 mg /L iac Coagulation & Flocculation 250 mg /L L ?C -DWG Coagulation & Flocculation 250 mg /L Licuid Ferric Chloride Coagulation & Flocculation_ 250 mg /L Liquid Ferric Chloride Coagulation & Flocculation 250 mg /L Drinking Water Grade (DWG) F _zrous C—'Iloride __rrous Chloride, Solution Coagulation & Flocculation 250 mg /L Liquid Ferrous Chloride Coagulation & Flocculation 250 mg /L Liquid Ferrous Chloride - DWG Coagulation & Flocculatiox> 250 mg /L [ P°-; Polymer Blends i Ferri +Plus 1005 Coagulation & Flocculation 251 mg /L Ferri +Plus 1010 Coagulation & 1 Flocculation' 253 mg /L erri +Plus 1020 Coagulation & Flocculationlj 255 mg /L _erri +Plus 1050 Coagulation & Flocculationl 263 mg /L -.._ri +Plus 1075 Coagulation & Flocculation 267 mg /L r___i +Plus 1'_00 Coagulation & Flocculation. 200 mg /L Ferri +Plus 1125 Coagulation & Flocculation 160 mg /L Ferri +Plus 1_50 Coagulation & Flocculation, 133 mg /L Ferri +Plus 1200 Coagulation & Flocculation 100 mg /L _erri +Plus 1300 Coagulation & Flocculationi 67 mg /L Ferri +Plus 1400 Coagulation & Flocculation 50 mg /L Ferri +Plus 2005 Coagulation & Flocculation 251 mg /L Ferri +Plus 2010 Coagulation & Flocculation, 253 mg /L Ferri +Plus 2020 Coagulation & Flocculation! 255 mg /L -erri +Plus 2050 Coagulation & Flocculation 263 mg /L Ferri +Plus 2075 Coagulation & Flocculation, 267 mg /L Ferri +Plus 2100 Coagulation & Flocculation 200 mg /L ^erri +Plus 2125 Coagulation & Flocculation! 160 mg /L Ferri +Plus 2150 Coagulation & Flocculationi 133 mg /L Ferri +Plus 2200 Coagulation & Flocculation 100 mg /L ?erri +Plus 2300 Coagulation & Flocculation; 67 mg /L Ferri +Plus 2400 Coagulation & Flocculation; 50 mg /L =erri +Plus 3005 Coagulation & Flocculation; 251 mg /L ?erri +Plus 3010 Coagulation & Flocculationi 253 mg /L Ferri +Plus 3020 Coagulation & Flocculationi 255 mg /L Ferri +Plus 3050 Coagulation & Flocculationi 263 mg /L Ferri +Plus 3075 Coagulation & Flocculationi 267 mg /L ?ere ^_ +Plus 3100 Coagulation & Flocculation; 200 mg /L ?erri +Plus 3125 Coagulation & Flocculation'; 160 mg /L Ferri +Plus 3150 Coagulation & Flocculation{ 133 mg /L =erri +Plus 3200 Coagulation & Flocculationi 100 mg /L Ferri +Plus 3300 Coagulation & Flocculation', 67 mg /L =erri +Plus 3400 Coagulation & Flocculation 50 mg /L Ferri +Plus 4005 Coagulation & Flocculation 251 mg /L Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF Irternatioral. 3 of 6 3U690 739 N. Dixboru Rued, A.rin Arbor_ .Michigan 48:05 -9723 USA 1- 800 - \SF- \4ARK 1734-764-8010 NSF internatinnai Ferri +Plus 4010 Coagulation & Flocculation 253 mg /L Ferri +Plus 4020 Coagulation & Flocculation 255 mg /L Ferri +Plus 4050 Coagulation & Flocculation 263 mg /L __Fri +Plus 4075 Coagulation & Flocculation 267 mg /L r'err- +Plus 4100 Coagulation & Flocculation 200 mg /L Ferri +Plus 4125 Coagulation & Flocculation 160 mg /L Ferri +Plus 4150 Coagulation & Flocculation 133 mg /L Terri +Plus 4200 Coagulation & Flocculation 100 mg /L Ferri +Plus 4300 Coagulation & Flocculation 67 mg /L Ferri +Plus 4400 Coagulation & Flocculation 50 mg /L Ferri +Plus 5005 Coagulation & Flocculation 251 mg /L Terri +Plus 5010 Coagulation & Flocculation, 253 mg /L =_rri -Plus 5020 Coagulation & Flocculation 255 mg /L Ferri +Plus 5050 Coagulation & Flocculation 263 mg /L __rri +Plus 5075 Coagulation & Flocculation 267 mg /L Terri +Plus 5100 Coagulation & Flocculation 200 mg /L ?err- +Plus 5125 Coagulation & Flocculation 160 mg /L Ferri +Plus 5150 Coagulation & Flocculation, 133 mg /L Terri +Plus 5200 Coagulation & Flocculation 100 mg /L Ferri +Plus 5300 Coagulation & Flocculation 67 mg /L Ferri +Plus 5400 Coagulation & Flocculation 50 mg /L (P`I Polyamines Certified by NSF International comply with 40 CFR 141.111 requirements for percent monomer and dose. Facility: Nashville, TN Chemical/ Trade Designation Function Max Use Ferrous Chloride Ferrous Chloride, Solution Coagulation & Flocculation; 250 mg /L iicuid -errous Chloride Coagulation & Flocculation; 250 mg /L Licuid Ferrous Chloride - DWG Coagulation & Flocculationil 250 mg /L Facility: Littleton, CO Coagulation & Flocculation 255 mg /L Chemical/ Coagulation & Flocculation' 263 mg /L Trade Designation Function prior evaluation and acceptance by NSF International Max Use Ferric Chloride Ferric Chloride Solution Coagulation & Flocculation'; 250 mg /L LFC Coagulation & Flocculation', 250 mg /L LFC 7dG Coagulation & Flocculation 250 mg /L L -cuid Ferric Chloride Coagulation & Flocculation, 250 mg /L Licsid Ferric Chloride Coagulation & Flocculation 250 mg /L Drinking Water Grade Facility: Fairless Rills, PA Chemical/ Trade Designation Function Max Use Polymer BlendslPyI Terri +Plus 1005 Coagulation & Flocculation' 251 mg /L Ferr- +Plus 1010 Coagulation & Flocculation 253 mg /L Terri +Plus 1020 Coagulation & Flocculation 255 mg /L Ferri +Plus 1050 Coagulation & Flocculation' 263 mg /L vote: Additions shall not be made to this document without prior evaluation and acceptance by NSF International 4 of 6 3U690 739 N. Dixbcro Road. Ann '.:bur, Michige n 481105 9723- USA -600 - NSF -17: RK 734- 769 -3010 v.��'.rsfors NSF NSF International Ferri -Plus 1075 Coagulation & Flocculation 267 Mg/7- Ferri +Plus ii00 Coagulation & Flocculation 200 mg /L Ferri +Plus 1125 Coagulation & Flocculation 160 mg /L Ferri +Plus 1150 Coagulation & Flocculation 133 mg /L -erri +Plus 1200 Coagulation & Flocculation 100 mg /L .erri +Plus 1300 Coagulation & Flocculation 67 mg /L -erri +Plus 1400 Coagulation & Flocculation 50 mg /L -erri +Plus 2005 Coagulation & Flocculation 251 mg /L erri +Plus 2010 Coagulation & Flocculation 253 mg /L -erri +Plus 2020 Coagulation & Flocculation 255 mg /L Ferri +Plus 2050 Coagulation & Flocculation 263 mg /L Ferri +Plus 2075 Coagulation & _Flocculation' 267 mg /L Ferri +Plus 2100 Coagulation & Flocculation 200 mg /L =erri +Plus 2125 Coagulation & Flocculation; 160 mg /L -erri +Plus 2150 Coagulation & Flocculation; 133 mg /L Ferri +Plus 2200 Coagulation & Flocculation 100 mg /L -erri +Plus 2300 Coagulation & Flocculation 67 mg /L :erri +Plus 2400 Coagulation & Flocculation i 50 mg /L _erri +Plus 3005 Coagulation & Flocculation 251 mg /L Ferri +Plus 3010 Coagulation & Flocculation' 253 mg /L -erri +Plus 3020 Coagulation & Flocculation 255 mg /L -erri +Plus 3050 Coagulation & Flocculation 263 mg /L -erri +Plus 3075 Coagulation & Flocculation 267 mg /L .erri +Plus 3100 Coagulation & Flocculation. 200 mg /L Ferri +Plus 3125 Coagulation & Flocculation 160 mg /L Ferri +Plus 3150 Coagulation & Flocculation, 133 mg /L Ferri +Plus 3200 Coagulation & Flocculation 100 mg /L .erri +Plus 3300 Coagulation & Flocculation 67 mg /L Ferri -Plus 3400 Coagulation & Flocculation'; 50 mg /L erri + ?lus 4005 Coagulation & Flocculation. 251 mg /L -erri +Plus 4010 Coagulation & Flocculation 253 mg /L Perri +Plus 4020 Coagulation & Flocculation] 255 mg /L Ferri +Plus 4050 Coagulation & Flocculation, 263 mg /L Ferri +Plus 4075 Coagulation & Flocculation 267 mg /L -erri +Plus 4100 Coagulation & Flocculation) 200 mg /L Ferri +Plus 4125 Coagulation & Flocculation! 160 mg /L Ferri +Plus 4150 Coagulation & Flocculation' 133 mg /L ?erri +Plus 4200 Coagulation & Flocculation! 100 mg /L Ferri +Plus 4300 Coagulation & Flocculation'! 67 mg /L Ferri +plus 4400 Coagulation & Flocculationi 50 mg /L Ferri +Plus 5005 Coagulation & Flocculationi 251 mg /L Ferri +Plus 5010 Coagulation & Flocculation, 253 mg /L Ferri +Plus 5020 Coagulation & Flocculation' 255 mg /L Ferri +Plus 5050 Coagulation & Flocculationi 263 mg /L Ferri +Plus 5075 Coagulation & Flocculationi 267 mg /L Ferri +Plus 5100 Coagulation & Flocculation 200 mg /L Ferri +Plus 5125 Coagulation & Flocculation 160 mg /L ?erri +Plus 5150 Coagulation & Flocculation! 133 mg /L Perri +Plus 5200 Coagulation & Flocculation 100 mg /L Ferri +Plus 5300 Coagulation & Flocculation 67 mg /L Ferri +Plus 5400 Coagulation & Flocculation, 50 mg /L Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF International. 5 of 6 3U690 739 N. Dixboro Road', Aar_ Ashor, Michigan 48105 -9723 USA 1- 800 - NSF -IM A.RK : 734- 769 -8010 www.nsf org NSF International j ?Y] Polyanines Certified by ?ISF International comply with 40 CFR 141.111 requirements for percent monomer and dose. Facility: Trinity, A'. Cher._cal/ Trade Designation Fa=ction Xax ase 1 rig Ferrous Chloride Ferrous Chloride, Solution Other 250 mg /L Licuid Ferrous Chloride Other 250 mg /L licuid Ferrous Chloride - DWG Other 250 mg/-- [' -i This product may be used for chlorite removal. Facili ty: 7ecat•._r, AL C2- x4 cal/ Trade Designation Fa=ction Max Use 1 rig -e-==s Chlori, _rrous Chloride, Solution Other 250 mg /L :'_cuid Ferrous Chloride Other 250 mg /L Licuid Ferrous Chloride- DWG Other 250 mg/- jll :'his product may he used for chlorite removal. Note: Additions shalt. not be made to this document without prior evaluation and acceptance by NSF International. 6 of 6 3US90 739 N. Dixbcru Road, Ann 1ior. Michigan 48105 -972_ USA 1- 800 -NSr -MARK: 7;4 ?69 -3010 u -N%•- w.nst :org Aco CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIY ��" 3/21/2011 1 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 CONTACT Lisa Case NAME: Ralph C. Wilson Agency, Inc (PHONE / o�EXU (248) 355 -1414 �alc,you); (248)304 -0877 E -MAIL 26026 Telegraph Suite 100 E- MAIL AQDRE_SS:-li sac @rcwa. net _. PRODUCER - - Box 5069 c_us_TOMER10#1 .- 61 61 _ Southfield MI 48034 INSURER(SLAFFORDINGCOVERAGE NAIC/i - - - - INSURED INSURER A Ameri sure Mutual Insurance .23396 PVS Technologies Inc. INSURER B: Pressure Vessel Services Inc. INSURER C 10900 Harper Avenue INSURER D: INSURER E Detroit MI 48213 INSURER F COVERAGES CERTIFICATE NUMBER:CL1132108300 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! _ - - - " 'ADOL�SUBRI- - _ _ -_- _- _ .__.; POLICY-EFF - EXP LTR TYPE OF INSURANCE IN R WV POLICY NUMBER MM /DD/YYYY MM /DDY/YYYY LIMITS GENERAL LIABILITY EACH OCCUR_ RENCE S 1,500,000 X COMMERCIAL GENERAL LIABILITY �f _ '. DAMAGE TO RENTED - fj _PREMISES La_pccurrence) t5 100, 000 ., A ,CLAIMS -MADE X_ OCCUR GL0125812 14/1/2011 14/1/2012 MED EXP (Any one person) 1 S 5,000 - PERSONAL & ADV INJURY i S 1,500,000 i GENERAL AGGREGATE S 4,000,000 AGGREGATE LIMIT GEN'L APPLIES PER: I PRODUCTS COMPIOP AGG 1, S 2,500,000 - X POLICY JECT_ LOC -- - -- j S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 X ANY AUTO (Ea accident) CA1049675 4/1/2011 BODILY INJURY (Per person) S 4/1/2012 1 -- A ALL OWNED AUTOS BODILY INJURY (Per accident) S SCHEDULED AUTOS (PROPERTY DAMAGE S 1 HIRED AUTOS (Per accident) NON -OWNED AUTOS S �' -- UMBRELLA LIAB '� OCCUR , I EACH OCCURRENCE 5 EXCESS LIAB CLAIMS -MADE' ` „ it AGGREGATE DEDUCTIBLE 1 `S - -- $ RETENTION S 5 _ WORKERS COMPENSATION WC0764044 A 4/1/2011 '4/1/2012 WC STATU- jOTH -', X_ AND EMPLOYERS' LIABILITY Y/N WC2075502 - WI ANY PROPRIETORIPARTNER)EXECUTIVE j`� OFFICER /MEMBER EXCLUDED? NIA i_T_ORY LLMITS ER 4/1/2011 1 4/1/2012' E.L. EACH ACCIDENT S -CH-AC 1, 000, QQQ - - (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE 5 1_, 000,000 If Yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT i 5 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is added as Additional Insured (General Liability) with respect to work /services performed by Named Insured. CA Broward County Board of County Commission Attn: Purchasing Division 115 S Andrews Avenue Fort Lauderdale, FL 33301 -1081 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 REPRESENTATIVE Steve Vannelli /LISACA i ACORD 25 (2009/09) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD . www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Foreian Profit Coraoration PVS TECHNOLOGIES, INC. Filing Information Document Number P35334 FEI/EIN Number 381949201 Date Filed 08/29/1991 State MI Status ACTIVE Principal Address 10900 HARPER AVENUE DETROIT MI 48213 Mailing Address 10900 HARPER AVENUE DETROIT MI 48213 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION FL 33324 Name Changed: 04/20/1992 Address Changed: 05/3112005 Officer /Director Detail Name & Address Title DV SCHLUMBERGER, ALLAN A. 10900 HARPER AVENUE DETROIT MI Title P RUTKOWSKI, DENNIS E 10900 HARPER AVE DETROIT MI 48213 Title T CANDEE, SAFERIAN 10900 HARPER AVENUE DETROIT MI 48213 Title VP Document Searches Page 1 of 2 Forms Help Entity Name Search Submit http:// www .sunbiz.orglscriptslcordet.exe? action= DETFIL &inq_doc_ number =P3 5334 &inq... 8/19/2011 .. • 0 www.sunbiz.org - Department of State Page 2 of 2 NICHOLSON, JAMES M 10900 HARPER DETROIT MI 48213 Title S TAUB, JONATHAN S 10900 HARPER DETROIT MI 48213 Title VP MIKKELSON, CRAIG 10900 HARPER AVE DETROIT MI 48213 Annual Reports Report Year Filed Date 2009 02/17/2009 2010 01/11/2010 2011 02/28/2011 Document Images 02/28/2011 --ANNUAL REPORT View image in PDF format 01/11/2010 -- ANNUAL REPORT View image in PDF format 02/17/2009 —ANNUAL REPORT View image in PDF format 04/15/2008 —ANNUAL REPORT View image in PDF format 01/29/2007 —ANNUAL REPORT View image in PDF format 08/07/2006 —ANNUAL REPORT View image in PDF format 05/31/2005 —ANNUAL REPORT View image in PDF format 03/18/2004 —ANNUAL REPORT View image in PDF format 05/23/2003 —ANNUAL REPORT View image in PDF format 04/03/2002 -- ANNUAL REPORT View image in PDF format 01/31/2001 -- ANNUAL REPORT View image in PDF for 05/03/2000 -- ANNUAL REPORT View image in PDF format 04/09/1999 —ANNUAL REPORT View image in PDF format 02/03/1998 -- ANNUAL REPORT View image in PDF format 03/25/1997 -- ANNUAL REPORT View image in PDF format 04/02/1996 -- ANNUAL REPORT View image in PDF format 03/21/1995 —ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search No Events No Name History I Submit Home I Contact us I Document Searches I E- Filinq Services I Forms I Help I Copvright© and Privacv Policies State of Florida, Department of State http: / /www. sunbiz. orglscriptslcordet. exe? action= DETFIL &inq_doc_ number =P3 5 3 34& inq... 8/19/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: Louie Chapman, Jr. , City Manager DATE: December 3, 2013 SUBJECT: AGENDA ITEM 8.0.2 - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 PURCHASE AWARD /FLORIDA BULLET. INC. ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) seeks approval for the annual ammunition order from Florida Bullet in the amount of $52,775.60. This order includes the ammunition needs for training and on -duty use. Please see attached price comparison sheet for itemized list. BACKGROUND Ammunition is a requirement for Law Enforcement Agencies for obvious reasons. This represents our large, annual order. Standardization of ammunition is very important. It is necessary for the Department to use only one kind of ammunition for duty use (certain kinds of ammunition for certain kinds of weapons) and a comparable ammunition for training. Consistency is needed for officer training and to maintain standardization in how the weapons perform. When selecting ammunition, factors that must be considered include: casing, bullet weight, propellant, toxicity (of airborne fragments subsequent to fire), and bonding. Once the Department has researched and determined the best ammunition for the price, changing to a different ammunition would require recalling all of the ammunition currently in the field and replacing it with the new ammunition. This is extremely costly and wasteful both in purchasing cost and staff time. Therefore, although ammunition prices do fluctuate, once ammunition is selected, it is cost prohibitive to change unless the circumstances warrant the expense and time required to do so. The specific ammunition the agency utilizes was selected due to FBI ballistic results, and the training ammunition is very similar in ballistics to duty ammunition, resulting in reduced training costs. Pricing for this order is with Florida Bullet. This allows Florida Bullet to pass on special pricing consideration to customers. Florida Bullet is the preferred vendor as they consistently provide quality merchandise, pricing and service. The Department has provided pricing for comparable products for reference purposes. The total cost using Florida Bullet as a vendor is $52,775.60 compared to two other options of Winchester for $64,433.38 and Remington for $46,864.70. For the reasons detailed above, the Department recommends moving forward with the Florida Bullet purchase. FUNDING SOURCE Funding is available from 001 -2111 -521 -52.20 (General Fund: Operating Supplies /General Operating Supplies). RECOMMENDATION The Police Department recommends approval. ATK 7480 Flying Cloud Drive Minneapolis, MN 55344 October 27, 2012 TO whom it may concern: In reference to ATK Law Enforcement distributors in the State of Florida, Florida Bullet Inc. in Clearwater, Florida is the only factory authorized Law Enforcement Distributor in the State of Florida for CCI -Speer arld Federal Cartridge products as well as Force on Force Marking cartridges. Florida Bullet Inc. is the only Law Enforcement Distributor authorized for drop shipments directly thorn the factory within Florida. Thank you I:or your business and interest in our products. Steven Jenkins Sr. Law Enforcement Sales Specialist 93 Lakeview `Trail Hiram. OA 30141 -4405 Ph: 770.505.4104 F � _ f JL MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E.; Direcctor of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: November 22, 2013 SUBJECT: AGENDA ITEM 8.0.3 - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 PURCHASE AWARD /HD SUPPLY WATERWORKS, LTD ITEM BEFORE COMMISSION The item before Commission is to approve a purchase award to HD Supply Waterworks, LTD in the amount of $58,140.00 for the purchase of 20 automatic flushing units, Hydroguard model HG -1. BACKGROUND During the annual Capital Improvement Program (CIP) process, staff programmed the installation of automatic water line flushing devices at an approved budget of $100,000. The project scope consists of installing twenty (20) automatic water line flushing devices at strategic locations within the water distribution system. To maintain water quality throughout the water distribution system, the Public Utilities Division manually flushes fire hydrants on a regular basis for the purpose of deterring water age in lines. The installation of twenty programable automatic flushing devices is anticipated to save an estimated 4.5 million gallons of water per year. Staff solicited quotes from our two (2) contracted material suppliers, HD Supply Waterworks, LTD (HD) and Ferguson Enterprizes, Inc. (FEI). HD Waterworks submitted a quote in the amount of $58,140 ($2,907.00 per unit) and FEI at $63,900 ($3,195 per unit). Thus, staff recommends award to HD. As the project design progresses, a separate contract award for the installation of the flushing devices will be presented to Commission for consideration and approval. At the completion of the project, scheduled for August 2014, the South Florida Water Management District will provide reimbursement at a maximum of $25,000 (based on expenditures of at least $100,000). FUNDING SOURCE Funding is available from 442 - 5178 -536 -64.90 (Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment). RECOMMENDATION Staff recommends award to HD Supply Waterworks, LTD in the amount of $58,140.00 for the purchase of 20 Hydroguard (model HG -1) automatic water line flushing units. Bid Proposal Branch Information: HD SUPPLY WATERWORKS 1011 W 17TH ST RIVIERA BEACH FL 33404 (561) 758- 5204Fax: (561) 743 -1937 Mobile: (561) 758 -5204 Representative: JEFF BROUILLETTE Job Information: .lob Name: DELRAY HYDROGUARD BID 101513 Customer: CITY OF DELRAY BEACH Address: Address2: 100 NW 1ST AVE City/St/zip: DELRAY BEACH FL 33444 -2698 Contact: SHIRLEY Phone: (561) 243 -7000 Fax: (561) 243 -7166 Email: geer@mydelraybeach.com Location: Engineer: Bid date: 10/15/13 Delivery Information: Delivery Location: Delivery Location 2: Date Required: Method of Shipment: Notes: Date Printed: 11/25/13 Page No. 1 PS Bid #: JFB392329 Job Name: DELRAY HYDROGUARD BID 101513 Location: Customer: CITY OF DELRAY BEACH Engineer: Bid date: 10/15/13 Seq# Qty Description Salesman: JEFF BROUILLETTE Branch: HD SUPPLY WATERWORKS Phone: (561) 848 -4396 Fax: (561) 743 -1937 Mobile: (561) 758 -5204 Units Price Ext. Price 10 20 HYDROGUARD HG -1 STANDARD UNIT EA 2,907.00 58,140.00 PART NUMBER HG1ST018T1NF00 Sub Total $58,140.00 Bid Totals Bid Total $58,140.00 Date Printed: 11/25/13 Page No. 2 .... Ai.._... 2 u....Ri ... 1 T i _ N 7 E �R -., _ _ - ., . .3_i - _ _�« _ i �1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E., LEED AP, GISP THROUGH: Louie Chapman Jr., City Manager DATE: November 22, 2013 SUBJECT: AGENDA ITEM 8.0.4 - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 PURCHASE AWARD/ TROLLEY EXTENDED WARRANTIES ITEM BEFORE COMMISSION The item before the City Commission is to approve the purchase of extended warranties for the trolley fleet in the net amount of $18,492.00, through Specialty Vehicles and Florida Detroit Diesel - Allison. BACKGROUND Our trolley fleet was purchased from Specialty Vehicles (SV), through the Houston - Galveston Area Council of Governments purchasing program. Three of the vehicles were originally ordered for another customer. The customer did not take delivery of the units, thus making them available for purchase by the City. This significantly reduced the customary eight (8) month assembly time. This lengthy process is attributed to the various nuances of the vehicle; Freightliner builds the chassis and wiring, the engine is built by Cummins, Allison provides the transmission, Supreme Bus builds the body, and Braun builds the ADA required lift, etc. We were able to order the first units in October and have them delivered in December. The first three vehicles were originally ordered from the trolley manufacturer (by the original customer) with extended warranties; 4 years/ 200,000 miles for Basic Chassis -less Drivetrain and Towing /Roadside Assistance. If ordered with extended warranties through the manufacturer, then any supplemental warranties must be purchased within 90 days of the in- service date. Since these units are beyond the in- service date, only the extended coverage on the Front /Rear Axle components is available, but not beyond the 4 year /200,000 mile Basic Chassis warranty. The fourth vehicle was ordered without any extended coverage (unit #C0090015/BS4062). Therefore, this unit can be upgraded to the maximum coverage of up to sixty (60) months on the three components; Basic Chassis (less Drivetrain), Front /Rear Axle and Towing /Roadside Assistance. Extended warranties are available for Freightliner, Supreme, and Cummins through SV. As a customer courtesy, they facilitate the purchase of these extended warranties, (excluding Allison Transmission) as a package without mark -up. The cost is in the amount of $16,332 for all four vehicles. Allison Transmission does not participate in SV's program, requiring extended coverage to be purchased from Florida Detroit Diesel - Allison directly by the vehicle owner. The transmissions come with a 3 -year warranty. Extending coverage of the transmissions to 5 -years costs $540 per vehicle, totaling $2,160 for all four vehicles. Attached is an overview of coverage showing the extent of coverage available for each vehicle by particular component; current coverage as ordered through the manufacturer and extended options for consideration. Extended warranties must be purchased before the vehicles' basic warranty expires, which is one year from the in- service date. The in- service date on the two oldest units is December 31, 2012. Fleet Maintenance recommends the purchase of extended warranties as they are a sound investment, especially for public transit vehicles such as the trolleys, which run an inordinate amount of time compared to most other vehicles. FUNDING SOURCE Funding is available from 001- 3151 -545 -49.26 (General Fund: Other Current Charges /Tri Rail Trolley Services). RECOMMENDATION Staff recommends approval of the purchase award to Specialty Vehicles in the amount of $16,332.00 and to Florida Detroit Diesel - Allison in the amount of $2,160.00 (total amount of $18,492.00) for extended warranties for the Trolley Fleet Specialty Vehicles 440 Mark Leany Drive Henderson, NV 89011 1- 800 -SVI -TRAM Fax: 702 -567 -3020 www.specialtyvehicles.com Invoice Date Invoice # 10/28/2013 23381 Bill To Ship To City of Delray Beach City of Delray Beach 100 NW First Avenue 100 NW First Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 P.O. No. Terms Ship Via OC/WO# Scott Aronson Description Quantity Price Each Amount Body #C0090013, VIN BS4055 0.00 0.00 Freightliner 48 Month 200,000 Mile Extended Axle FR /RR 1 73.00 73.00T Cummins 5 Year 300,000 Mile Engine 1 3,200.00 3,200.00T Body #C0090014, VIN BS4057 Freightliner 48 Month 200,000 Mile Extended Axle FR /RR 1 73.00 73.00T Cummins 5 Year 300,000 Mile Engine 1 3,200.00 3,200.00T Body #C0090015, VIN BS4062 Freightliner 60 Month 200,000 Basic Chassis - Less Drive Train 1 2,469.00 2,469.00T Freightliner 60 Month 200,000 Extended Axle FR /RR 1 109.00 109.00T Freightliner 60 Month Unlimited Mileage Towing /Road Side 1 735.00 735.00T Assistance Cummins 5 Year 300,000 Mile Engine 1 3,200.00 3,200.00T Body #C0090016, VIN BS4054 Freightliner 48 Month 200,000 Extended Axle FR /RR 1 73.00 73.00T Cummins 5 Year 300,000 Mile Engine 1 3,200.00 3,200.00T VI N# Subtotal $16,332.00 Year: 2013 Make /Model: Extended Warranty Sales Tax (0.0 %) $0.00 Total Invoice $16,332.00 Payments /Credits $0.00 Balance Due $16,332.00 From: Gloria Freeman To: Brian Kolb Subject: Revised: Allison Transmission ETC: Extended Transmission Coverage Info Date: Wednesday, October 09, 2013 11:31:50 AM Attachments: City of Delray Beach Ouote 10 9 2013.pdf Brian, I have attached an updated quote to include the additional unit. The customer will need to read, sign, date and send with check payment to me at the below listed address for the total with tax at $2289.60 or send form with copy of a 2013 Tax Resale certificate to update their account and PO for invoicing at the $2160.00 price. Please note that there are 2 units that will not be eligible as of 12/31/2013. Also if you wait until next year, the prices are subject to change. This quote is good thru 12/15/2013. Make payment to: Florida Detroit Diesel- Allison Send to: Florida Detroit Diesel- Allison Attention: Gloria Freeman 6850 President's Drive Orlando FL 32809 Let me know if you have any questions or need any further assistance. Thank you, Florida Detroit Diesel- Allison 6850 President's Drive Orlando FL 32809 Phone: 407-888-0127 From: Brian Kolb [mai Ito: brian.kolb @specialtyvehicles.com] Sent: Wednesday, October 09, 2013 1:37 PM To: Gloria Freeman Subject: RE: UPDATE: Allison Transmission ETC: Extended Transmission Coverage Info Hi Gloria, Thanks for getting back to me. VIN: 4UZADEDTOCCBS4054 In Service Date: 8/26/13 Yes this is the same type of unit, a Supreme Classic American Trolley. Thanks, s Brian T. Kolb Specialty Vehicles WBE MBE /DBE Certified Company 440 Mark Leany Drive ALLISON TRANSMISSION Transimiission. EXTENDED TRANSMISSION COVERAGE Allison Transmission, Inc. AGREEMENT REGISTRATION One Allison Way Indianapolis, Indiana 46206 -0894 Mail code PF9 (Please Type or Print Legibly) vwm. a Ilisontransmissio n.co m Customer Name or Firm Name (whichever is applicable) CITY OF DELRAY BEACH Attention of Address 100 NW 1ST AVENUE City DELRAY BEACH State Fl Zip 33444 Country USA COVERAGE SELECTION ETC COVERAGE Check One for each Model INDIVIDUAL EXTENDED (Total Years of Coverage) ETC PRICE NUMBER OF PRICE ALLISON MODEL 5 YRS 6 YRS 7 YRS U.S. DOLLARS UNITS (U.S. DOLLARS) 1 220OPTS J 540.00 4 $2160.00 2 3 4 5 TOTALS 4 1 12160.00,E] Your coverage, as described under said agreement is limited to the Allison Product(s) described and is not transferable without authorization, as defined under the conditions set forth in the "Extended Transmission Coverage Agreement'. Allison Transmission Inc. reserves the right to accept or reject this registration. TOTAL CHARGES Pending Sales Tax PRODUCTNEHICI LE DESCRIPTION Month I Day_ Year Allison S/N As Appears On Nameplate Allison Model Original Delivery to Vocation First Retail Purchaser Code Vehicle Make Vehicle Model FULL VIN Individual ETC Price If this application applies to more than one (1) unit, check the box to the right and list Allison Transmission S /N, Model Number, Vehicle I. D., Vehicle Make & Model, Delivery Date,Vocation Code and Prices for each unit on which coverage is desired on the L ✓ supElemental registration agreement Form # 21 SE10 -1. CUSTOMER /DISTRIBUTOR AUTHORIZATION I have read, understand and agree to the terms of the "Extended Transmission Coverage" on page 2 and hereby apply for the coverage under the option selected as indicated hereon. I further understand that such coverage will be extended on the product(s) described above. Agreementl Month I Da Year Distributor /Dealer or OEM Code 1 1771 Date Distributor /Dealer or OEM Name (Please Print) Customer Name (Please Print) X Customer Signature Date Signed DEBIT AUTHORIZATION Debit P.O. Distributor Amount Number OEM Code Distributor /OEM Name (Please Print) Authorized Distributor /OEM Signature and Title Date Signed Form SE0010EN (201206) Copyright © 2012 Allison Transmission, Inc., All Rights Reserved. ALLISON TRANSMISSION — EXTENDED TRANSMISSION COVERAGE AGREEMENT Your Agreement consists of two parts: IV. FAILURE AND CLAIM PROCEDURES AGREEMENT REGISTRATION — which is a registration form signed by the customer A. Your Responsibilities. In the event of a FAILURE or CLAIM: and a representative of our distributor or a vehicle manufacturer containing, among other 1. Use reasonable means to protect YOUR TRANSMISSION from damage. things: vehicle information; plan selection; agreement term; and customer information. 2. Take YOUR TRANSMISSION or vehicle to any of our Distributors or authorized — and— Dealers within a reasonable period of time and request the needed service. GENERAL PROVISIONS — which are set out in Sections i through V below. These 3. Allow a reasonable period of time for our Distributor or authorized Dealer to describe the protection provided upon our acceptance of your registration and our receipt perform the necessary service. of payment of the charge for your Agreement. I. KEY TERMS. The General Provisions contain several words which have particular meanings. "You" and "Your," for example, refer to the customer identified in the Registration, or a person to whom the Agreement is transferred. "We," "Us," and "Our" refer to Allison Transmission, Inc. The following words are so important in the Agreement that they are printed in HEAVY TYPE. "AGREEMENT TERM" The time and mileage limits selected by you and described in the Registration. "CLAIM" Any COST for which you seek payment or reimbursement from us under your Agreement. "COST" The usual and fair charges to repair or replace a covered part or to perform a covered service, COST includes parts and labor if the plan selected by you covers both; otherwise COST includes parts only. COST includes labor costs to remove and reinstall YOUR TRANSMISSION only if such costs also were covered by our standard limited warranty applicable to YOUR TRANSMISSION. "ETC" Extended Transmission Coverage. "FAILURE" or "FAIL" An original or like replacement part covered by your Agreement does not function in normal service due to defects in our material or workmanship. "YOUR TRANSMISSION" The Allison Transmission automatic transmission which is described in the Registration. IL WHAT IS COVERED A. Repairs. We will pay our repairing Distributor or authorized Dealer the COST to remedy any FAILURE during the AGREEMENT TERM. Our liability will not exceed the actual cash value of your vehicle for any one repair visit. Needed repairs or replacements will be performed using the method we determine is most appropriate under the circumstances. Replacement parts may be new or remanufactured. B. Towing. Unless YOUR TRANSMISSION was sold by a Non - Participating OEM during the AGREEMENT TERM we will pay for towing to our nearest Distributor or authorized Dealer if your vehicle is disabled or if towing is necessary to prevent further damage to YOUR TRANSMISSION, WHAT IS NOT COVERED We will not pay anything under this Agreement for the following: A. Damage Due to Accident. Misuse. or Alteration. FAILURES and CLAIMS caused as the result of any of the following are not covered; 1. Collision, fire, theft, freezing, flood, vandalism, riot, explosion, or objects striking your vehicle. 2. Misuse of your vehicle. 3. Installation of YOUR TRANSMISSION into applications that do not meet Allison Transmission Technical Data requirements. 4. The installation of YOUR TRANSMISSION into your vehicle. 5. Alteration or modification of YOUR TRANSMISSION or your vehicle. 6. Anything other than a defect in our material or workmanship. B. Damaged Vehicle. Any FAILURE or CLAIM if your vehicle is or was salvaged, scrapped, junked, or totaled. C. Chassis. Body, and Components. Your vehicle's chassis and body company (assembler) and other component and equipment manufacturers are solely responsible for the chassis, body, components, and equipment that they provide and any FAILURE or CLAIM relating to the chassis, body, or other components or equipment is not covered. Any FAILURE or CLAIM caused by an alteration made to YOUR TRANSMISSION or your vehicle which allows YOUR TRANSMISSION to be installed or operated outside of the limits defined in our applicable Installation Guideline is not covered. D. Maintenance. FAILURES and CLAIMS caused by any of the following are not covered: 1. Failure to follow the maintenance schedule or directions for YOUR TRANSMISSION recommended in our Operators Manual, 2. Failure to use transmission fluids or maintain transmission fluid levels recommended in our Operators Manual. 3. Failure to use TranSynd (or fluid conforming to TES 295). 4. Failure to use fluid conforming to TES 468 in any Hybrid Drive System (H 40 EP, H 50 EP). 5. Failure to use Genuine Allison filters. 6. Normal maintenance (such as replacement of filters, screens, and transmission fluid). E. Repairs by Unauthorized Facilities. FAILURES and CLAIMS caused by a service outlet that is not one of our Distributors or authorized Dealers are not covered. F. Use of Non - Genuine Allison Transmission Parts. FAILURES and CLAIMS caused by the use of parts in YOUR TRANSMISSION that are not genuine Allison Transmission parts are not covered. G. Extra Expenses. Economic losses and extra expenses are not covered. Examples may include loss of vehicle use; inconvenience; storage; payment for loss of time or pay; vehicle rental expense, and lodging, meals, or other travel costs. H. Towing Expenses with Non- Particioating OEM Sales. Towing charges are not included if YOUR TRANSMISSION was sold by a Non - Participating OEM. B. Our Rights to Recover Payment. If we pay anything under this Agreement and you have a right to recover against another party, your rights will become our rights. You will do whatever is necessary to enable us to enforce these rights. We will recover only the excess after you are fully compensated for your loss. V. OTHER IMPORTANT TERMS A. AGREEMENT TERM. The term of your Agreement varies with the plan selected. The term selected is indicated on your copy of the Registration. The term of any plan begins on the date of vehicle retail sale shown on the Registration. The term of any plan expires when its time or mileage limit, whichever comes first, is reached. This Agreement automatically transfers to each subsequent owner of YOUR TRANSMISSION during the AGREEMENT TERM unless it is property cancelled as described later in this Agreement. B. When Coverage is Provided. You are covered under your Agreement when it is properly issued or transferred to you. C. If You Have Other Protection. We will pay only a portion of COSTS if you have other protection covering a FAILURE. Our share of COSTS shall bear the same relationship to total COST that our limit of liability bears to the total of all applicable limits of liability. If another manufacturer or repairer agrees to cover all or some of the COST of a FAILURE, we will pay only for any extra COST. D. Cancellation and Refund. 1. Unless you are a resident of Arizona, Arkansas, California, or Washington, you may not cancel your Agreement. If you area resident of one of those states, you or a person authorized by you (such as a bank or finance company) may cancel your Agreement while you own your vehicle by sending us a written cancellation request, along with the following, to the address shown below: Your ETC card Present odometer reading A statement verifying that you are the current owner of YOUR TRANSMISSION Allison Transmission, Inc. One Allison Way, Mail Code PF -9, Indianapolis IN 46206.0894 Attn: Warranty Administration Arizona Only. If you cancel, the unused portion of the purchase price, less a $35 administrative fee, will be refunded to you or a person authorized by you to receive it for your account. The amount of refund will be prorated using the lesser of days or miles remaining of ETC coverage. Arkansas Only. If you cancel within thirty days of your ETC purchase, the entire purchase price will be refunded unless you have made a CLAIM. If you have made a CLAIM or if you cancel more than thirty days after the purchase date, the unused portion of the purchase price, less a $35 administrative fee, will be refunded to you or a person authorized by you to receive it for your account. The amount of refund will be prorated using the lesser of days or miles remaining of ETC coverage. California Onlv. If you cancel within sixty days of receipt of your ETC Agreement, the entire purchase price will be refunded unless you have made a CLAIM. If you have made a CLAIM or if you cancel more than sixty days after receipt of your ETC Agreement, the unused portion of the purchase price, less an administrative fee, will be refunded to you or a person authorized by you to receive it for your account. The amount of refund will be prorated using the lesser of days or miles remaining of ETC coverage. The administrative fee will be ten percent of the purchase price or $25, whichever is less. Washington Only. If you cancel within sixty days of your ETC purchase, the entire purchase price will be refunded unless you have made a CLAIM. If you have made a CLAIM or if you cancel more than sixty days after the purchase date, the unused portion of the purchase price, less a $25 administrative fee, will be refunded to you or a person authorized by you to receive it for your account. The amount of refund will be prorated using the lesser of days or miles remaining of coverage. A ten percent penalty will be added to the applicable refund if not paid within thirty days of our receipt of a request to cancel. 2. We may cancel your Agreement if any of the following have occurred: (a) the odometer has been stopped or changed after the Agreement purchase date; (b) you use your vehicle in any manner not covered by your Agreement; (c)we do not receive payment for your Agreement as required; or (d) there is a misrepresentation on the Registration. New York On In New York, we cannot cancel your Agreement if you have paid the contract charge unless you request a cancellation. 3. If cancelled, ETC coverage may not be repurchased by you or reinstated on YOUR TRANSMISSION. No refund will be paid for your Agreement if we provided it on YOUR TRANSMISSION at no additional charge. E. STATE DISCLOSURE. Washington Onfv. THE IMPLIED WARRANTY OF MERCHANTABILITY IS NOT WAIVED IF THIS AGREEMENT IS PURCHASED WITHIN NINETY DAYS OF THE PURCHASE DATE OF THE MOTOR VEHICLE. SE0010EN (201201) Copyright 0 2012 Allison Transmission, Inc. All Rights Reserved. G Z ®w L` w � J Q a J (L U W IV-Z® w O a Z o a. U) U J cnwi— z -� L z C 1— W Z Ow U) w J Q Q V m O N V c E o O m ti z C m rn LL (3) F°! � rn 0_ c Cw "0 a) o z o o L t� coo m o 3 ¢ EL 3 W J V% Q in W � U Z Z O w O OU W � T J Q Q 0 T Z } T w a O J w w O 2E W U_ S W w Y w J U S W > W 00 Z U) U U) Q S v 0 w _U S W > J W O O Z O U) Q z z O N Q O O O O IT d' It 't LO L LO LO 64 64 69 64 O O O O O O O O CO CD CO CD T T T T O O O O N N N N LO T T f0 T N N 00 T T J J J J 2 2 2 2 w w w w LO N It Lo Lo co Lo O O O O m m m m U U U U N 0 X O ❑ ❑ ❑ ❑ w W w w N N N N O O O O O O O O N N N N N N N N M 1- O N LO 0 r- LO 00 m O 00 w w O 00 O O T O T T T T T T T T T T T T ch M r'> ch 0 N 0 N O w N O LL 4� N CG 'ob c4 a� 0 H c N O N 0 U Z W 0 0 W H W Z n 2 O U Q W m D Chassis with Extended Warranty Already Assigned to Them C0090013 BS4055 Current Extended Option Freightliner Basic > Chassis - (Less Drivetrain) ;' 4 yr / 200,000 miles $2,469 - 5 yr l/ 200,000 miles Front /Rear Axles 3 yr / 36,000 miles $73 - 4 yr / 200,000 miles 3 yr / 36,000 miles Towing /Roadside Asst. 4 yr >./ Unlimited miles C0090014 BS4057 Current Extended Option Freightliner Basic Chassis - (Less Drivetrain) 4 yr / 200,000 miles $2,469 - 5 yr l/ 200,000 miles Front /Rear Axles 3 yr / 36,000 miles $73 - 4 yr / 200,000 miles 3 yr / 36,000 miles Towing /Roadside Asst. 4 — / Unlimited miles C0090016 BS4054 Current Extended Option Freightliner Basic Chassis - (Less Drivetrain) 4 yr/ 200,000 miles $2,469 - 5 yr l/ 200,000 miles Front /Rear Axles 3 yr / 36,000 miles $73 - 4 yr / 200,000 miles 3 yr / 36,000 miles Towing/Roadside Asst. 4 yr ',/ Unlimited miles Chassis with Standard Warranty C0090015 BS4062 Current Extended Option Freightliner Basic Chassis - (Less Drivetrain) 3 yr / 50,000 miles $2,469 - 5 yr l/ 200,000 miles Front /Rear Axles 3 yr / 36,000 miles $109 - 5 yr / 200,000 miles Towing /Roadside Asst. 1 yr/ Unlimited miles $735 - 5 yr /> Unlimited miles From: Brian Kolb [ma i Ito: Brian .kolbaspecialtyvehicles.com] Sent: Wednesday, December 04, 2013 7:10 PM To: Krejcarek, Randal Subject: Trolley Extended Warranties Hi Randall, Nice speaking with you today. I'm glad you called actually, because some of the information has changed since we sent the last invoice due to passage of time. A little background... chassis BS4045, BS4055, BS4056, and BS4057 were ordered by the trolley manufacturer for a different customer that required a certain amount of extended warranty. Because of this, the coverage was purchased when the chassis were purchased. The City of Delray Beach ended up receiving three of these, BS4054, BS4055, BS4057, while BS4056 went to another customer. The final Delray unit BS4062 was ordered with no extended warranties, so it came with just the basic warranty. All of this came to light when Scott Aronson inquired about extended warranties. We were unaware of the prior purchases and were surprised why the extended warranties cost differently for presumably the same vehicles. We then did some digging with Freightliner and found out the background. A Freightliner policy that we found out about is that if extended coverage is purchased when the chassis is purchased, like happened with BS4054, BS4055, BS4057, and if 90 days of service passes without extending the particular warranty component that was previously purchased, then it can no longer be extended. Another policy we found out about it, is that no component can have an extended warranty period longer than the Basic Chassis - Less Drivetrain warranty. There are 3 categories that extended warranties can be purchased in from Freightliner: Basic Chassis - Less Drivetrain, Front and Rear Axle, and Towing Roadside /Assistance. Because BS4054, BS4055, BS4057 had extended coverage in Basic Chassis - Less Drivetrain, and Towing /Roadside Assistance, purchased with the chassis and have been in service over 90 days, these options can no longer be upgraded. Because the Front and Rear Axle plan was not upgraded when the chassis was purchased, it can still be upgraded, but not beyond the length of the Basic Chassis- Less Drivetrain warranty period, which is 48 month / 200,000 miles. This is why on the invoice for BS4054, BS4055, BS4057 the only option is the 48 month / 200,000 miles Front and Rear Axle plan for $73.00 ea. BS4062 had no extended coverage purchased with the chassis so it can be upgraded to the max of 60 months which is what is listed on the invoice. Cummins extended warranty is the same for all the units since there was no pre- existing extended coverage. There is a limit of one year after in- service to purchase extended warranties and here are the various in- service dates: BS4055 - 1/15/13 BS4057 - 12/31/12 BS4062 - 12/31/12 BS4054 - 8/26/13 As you can see, we are getting very close to the expiration period on these. Please note that the Allison Transmission extended warranty that was requested cannot be purchased by us and therefore is not included on the invoice. Scott has the paperwork to purchase direct from the local Allison dealer. Attached is a copy of the updated invoice indicating the current available coverages. Also attached is a spreadsheet that shows the current coverages and what is available. Hopefully this makes sense. Please give me a call if you want to discuss or if you need more information. Thanks, Bria n MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Louie Chapman, Jr., City Manager DATE: December 4, 2013 SUBJECT: AGENDA ITEM 8.0.5 - REGULAR COMMISSION MEETING OF DECEMBER 10, 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 ". Pursuant to the revised Purchasing Policies Section 36.02(6) (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 their 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." The sizes of garbage carts required by the City are 95 -gallon @ $53.00 each; 65- gallon @ $51.40 each and 35- gallon @ $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. The garbage carts are ordered and shipped in full truck -load quantities for cost - savings and in various sizes as- needed. Freight is included in the pricing from Charlotte, NC to Delray Beach, FL. Additionally, in response to public comments from the November 5, 2013 meeting, staff contacted the City of Orlando and spoke with Kevin Hoolihan, Superintendent Section Supervisor, who provided us with the information regarding the carts. They use a similar system based on need and their cost for the 95- gallon container is $51.50 each, contracting with Rehrig Pacific Company for carts and Otto Environmental Systems for recycling containers. The difference in price is related to the fact that the City specifies rubber wheels as opposed to Orlando's plastic wheels and the axle size dimensions. FUNDING SOURCE Funding is available from 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 PAGES: One TO: Danise Cleddey FROM: Jim High COMPANY: City of Delray Beach OTTO Environmental Systems 12700 General Dr. Delray Beach, Fl. 33444 Charlotte, N.C. 28273 PHONE: 561- 243 -7213 PHONE: 704 - 402 -7890 (Mobile) FAX FAX 740 -539 -7628 MOBILE: E -MAIL: jhigh @otto- usa.com E -MAIL: cleckley @ci.deiray- beach.fl.us Good morning Danise: 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 $ 20,660.00 (350) Otto 36EV "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. f Lm High Area Sales Manager Otto Environmental Systems Mobile # 704- 402 -7890 jhigh @otto- usa.com 0 co 7 m, N '+l K7 O W r N n ill O 'C -n W Q Q z Q —1 CD t� CL CD fA S" W CD D A CD ➢J Cl r+ n X � o s w l7 Nc N O 71, , Go vp Cl v D, O1 M q � d � a �c O as P n. 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O I.L a MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: December 3, 2013 SUBJECT: AGENDA ITEM 8.0.6 - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 PURCHASE AWARD / HALL -MARK FIRE EQUIPMENT ITEM BEFORE COMMISSION This item is before the Commission to approve the purchase of a new Horton model 623 Rescue Vehicle in the net amount of $278,009, as a replacement for a 2004 MedTec Ambulance. BACKGROUND The current fiscal year CIP budget includes the replacement of a 2004 MedTec Ambulance used by Fire- Rescue. These Fire Rescue Ambulances are on a 10 year replacement cycle, and the unit being replaced has exceeded 100% Life -To -Date repair costs. This vehicle will be purchased from Hall -Mark Fire Equipment utilizing the Florida Sheriff's Association contract #11 -10 -1202, Specification #02. The cost of the new Horton Rescue Truck from Hall -Mark Fire Equipment is $286,009.00, less a trade - in allowance of $8,000.00, resulting in a net cost of $278,009.00. FUNDING SOURCE Funding is is available from 501- 3312 - 591.64 -25, in the Garage capital vehicle replacement as approved in the 2013 -2014 CIP budget. RECOMMENDATION Staff recommends approval to purchase a new Horton Rescue Truck from Hall -Mark Fire Equipment at a net cost of $278,009.00. 3431 NW 27th Avenue • Ocala, Florida 34475 Office: 352- 629 -6305 • Fax: 352- 629 -2018 RESCUE TRANSPORT PROPOSAL Date: December 3, 2013 This Proposal has been prepared for: City of Delray Beach Fire Rescue 501 Atlantic Ave Delray Beach, FL 33444 We propose to furnish to you one (1) 2014 custom Horton model 623, Rescue Transport Vehicle on a 2015 International 440OLP chassis, to be custom built and equipped in accordance with the requirements of the City of Delray Beach Fire Rescue Department. The vehicle is to be purchased from Florida Sheriff's Association Bid # 11 -10 -1202, specification #02. Delivery will be F.O.B. Delray Beach, FL and will be made approximately 240 calendar days after receipt of the order at Hall -Mark Fire Apparatus in Ocala, FL. Terms of payment shall be cash on delivery (C.O.D.) unless the purchaser elects to make a prepayment. Pre - payment discounts are available. Pre - Payment on this unit is approximately $4,800.00, and is not included in price below. The current purchase price for the specified Rescue- Transport vehicle is $278,009.00. This proposal shall expire December 31, 2013 unless extended in writing. Hall -Mark Fire Equipment certifies that the pricing contained within this proposal represents the lowest price available for the quoted Rescue Vehicle between Hall -Mark Fire Equipment and any government entity within the state of Florida. Base Price per Florida Sheriffs Association: $ 202,732.00 Options and upgrades per City Of Delray Beach: $ 83,277.00 Total price of Rescue Transport Vehicle: $ 286,009.00 Less trade in of 2004 International, (MedTec Ambulance): $ - 8,000.00 Company: By: _ Al"ae a� Title: _Ambulance Sales Manager LN Title: Date: December 3, 2013 Date: Total Price: $278,009.00 Purchaser: Drawings submitted are for reference only. Pricing is based on enclosed written specifications. Quote # 11745, Revision 2. Horton EMERGENCY VEHICLES E -vwi�® Hortoi�l EMERGENCY VEHICLES Hall -Mark Fire - -3431 NW 27th Ave -- Ocala, FL 34475 CITY OF DELRAY BEACH 501 WEST ATLANTIC AVENUE DELRAY BEACH, FL 33444 STEVE ANDERSON Year: 2014 Chassis: Navistar Medium, 108" Type: M E D Model: 623 Rev 2 Close Prepared By: Michael Day 11745 CATEGORIES: A Chassis B Body Connection Pass Thru Type BH Chassis Accessories BL Chassis Electrical C Conversion Model CB Module Body Modifications D Module Body Hardware E Paint and Striping F Cabinet Doors, Handles and Hardware G Interior Colors H Interior Cabinets, Streetside I Interior Cabinets, Curbside J Front Wall Cabinets K Interior Accessories and Trim L Cot Mount, and Patient Handling M Warning Systems, Visual MN Warning Systems, Audible O Lights, Non Emergency P Electrical Power Group Q Heat, Ventilation, Air conditioning R Console, Radio, and communications T Oxygen and Suction U Lettering and Graphics Z Other CITY OF DELRAY BEACH Selected Feature List H 745 AC CHASSIS !!! NO HOPS. HOPS SYSTEM HAS BEEN DELETED. AI NAVISTAR CHASSIS AINDS108 0 1 DEALER OR CUSTOMER SUPPLIED 430OLP CHASSIS, TURBO DIESEL, 108" C/A The chassis required to complete the ambulance conversion shall be supplied by the customer or selling dealer. 2014 MODEL !!! THIS IS A 4400 EXTENDED CAB CHASSIS WITH 112" CAB TO AXLE !!! CHASSIS TO HAVE 285 HP ENGINE WITH 320 AMP ALTERNATOR. !!! 3000 EVS TRANSMISSION !!! CHASSIS TO HAVE CURBSIDE VERTICAL EXHAUST !!! 22.50" WHEELS AND TIRES !!! PROGRAM CHASSIS HIGH IDLE FOR 1250 RPM !!! HYDRAULIC BRAKES !!! HADLEY AIR HORNS ON HOOD !!! NOTE, DUE TO 285HP ENGINE CAB WILL BE 4.00" HIGHER THAN STANDARD. Chassis quote #10281 -02 AINSP001 0 1 SPECIAL INSTRUCTION FOR NAVISTAR CHASSIS !!! INSTALL A FEMALE QUICK RELEASE SCHRADER FITTING IN THE DRIVER'S SIDE TANK COVER BELOW THE ROLL -UP DOOR. THIS IS TO TIE INTO THE CHASSIS AIR SYSTEM. AINSP002 0 1 SPECIAL INSTRUCTION FOR NAVISTAR CHASSIS !!! THERE WILL BE NO PASS THROUGH ACCESS FROM THE CHASSIS TO THE PATIENT COMPARTMENT. AJNSPICO 1 1 CHASSIS INTERIOR COLOR SHALL BE GRAY Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:15 AM Rev 2 Page 2 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 ASP00100 0 1 CHASSIS SPECIAL INSTRUCTION !!! INSTALL A ROBINSON ROLL UP DOOR IN EACH SIDE OF THE CHASSIS EXTENSION. THESE DOORS TO BE 44.5" HIGH. !!! DOORS TO BE ANODIZED ALUMINUM FINISH, NO PAINT. !!! INSTALL A COMPARTMENT MADE FROM DIAMOND PLATE IN THE EXTENDED PORTION OF THE CAB BEHIND EACH ROLL UP DOOR. INSTALL A ROLL OUT TOOL BOARD IN EACH COMPARTMENT LOCATED IN THE REAR PORTION. TOOL BOARDS TO BE FULL HEIGHT AND DEPTH AVAILABLE. INSTALL A GAS SPRING HOLD OPEN TO HOLD TOOL BOARD IN THE OPEN AND CLOSED POSITIONS. INSTALL GAS HOLD OPENS ON TOP OF TOOL BOARD. TOOL BOARDS TO BE MADE OF .188" ALUMINUM WITH A ROLLED EDGE ON THE FRONT TO ACT AS A HANDLE. !!! BOTH COMPARTMENTS TO BE EQUAL DEPTH. COMPARTMENTS TO BE AS DEEP AS POSSIBLE WHILE MAINTAINING ENOUGH ROOM FOR THE CABINET /DRAWERS BETWEEN COMPARTMENTS. COMPARTMENTS MUST BE MINIMUM OF 28" DEEP. !!! FABRICATE AND INSTALL (1) 45 DEGREE ANGLED BRACKET ON REAR OF THE TOOL BOARD FOR MOUNTING OF CUSTOMER SUPPLIED SCBA BRACKETS IN EACH COMPARTMENT. ENGINEERING DRAWING #101493. INSTALL CUSTOMER SUPPLIED SCBA BRACKETS ON THE CUSTOM ANGLED HORTON INSTALLED BRACKETS TO DUPLICATE PREVIOUS VEHCLES PER PHOTOS IN ELECTRONIC FILE. !!! INSTALL STAINLESS STEEL PROTECTIVE KICK PLATE, BELOW EACH ROLL UP DOOR TO PROTECT PAINT FROM CHIPING AND SCRATCHING. !!! SLIDE OUT TOOL BOARDS ARE TO BE AS CLOSE AS POSSIBLE TO THE REAR OF THE COMPARTMENT. INSTALL TOOL BRACKETS AT AN ANGLE WITH THE OUTBOARD PORTION HIGHER. ! ! ! INSTALL (2) COAT HOOKS APPPROXIMATELY 314 OF THE WAY TO THE TOP OF THE COMPARTMENT WALL, OPPOSITE THE TOOL BOARDS. !!! INCLUDE DIAMOND PLATE CLOSEOUTS OVER THE ROLLERS. !!! SEE PHOTOS IN ELECTRONIC FILE. ASP00200 0 1 CHASSIS SPECIAL INSTRUCTION !!! INSTALL A (3) DRAWER CABINET IN THE CAB BETWEEN THE EXTENDED CAB COMPARTMENTS. DRAWERS TO BE A MINIMUM OF 17.25" WIDE I.D. TO HOLD LEGAL SIZE PAPER. TOP OF CABINET TO HAVE A STAINLESS STEEL TRAY. DUPLICATE OF PREVIOUS VEHICLE. B CHASSIS MODIFICATIONS, HARDWARE AND ACCESSORIES BH02F100 0 1 HUB & LUG NUT COVERS, STAINLESS FOR NAVISTAR 22.5" Polished stainless steel hub and lug nut covers shall be installed on all four outside wheels. BH021000 0 1 TIRE SIZE, 22.5 ", MEDIUM DUTY: This vehicle is specified to have 22.5" tires. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:15 AM Rev 2 Page 3 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 BH03A000 1 1 MUD FLAPS: front Install rubber mud flaps behind each front tire. BH03B000 1 1 MUD FLAPS: rear Install individual rear mud flaps behind each set of rear wheels. BH04B000 0 1 NAVISTAR EQUIPPED W /VERTICAL EXHAUST The chassis specified above is to include a vertical exhaust. BH04G000 0 1 CHASSIS HORSEPOWER RATING IS 260HP OR HIGHER The chassis specified above will have a 4" raised cab height. Note: 300 hp V8 Maxxforce 7 engines do not require raised cab. BH060000 0 2 REAR DOCK BUMPERS Two rubber dock bumpers shall be bolted to the rear step end caps for protection when backing. ! ! ! INSTALL (1) SET ON REAR STEP AND (1) SET ON FRONT BUMPER. BH11 D000 0 1 ENERGY ABSORBING REAR FLIP -UP STEP: Install an energy absorbing rear step /bumper assembly. The center section of the step will flip up for cot loading. When flipped down the center section must be held down so as not to rattle while the vehicle is in motion. BH2OT000 0 1 CHROME TURNOUT FOR VERTICAL EXHAUST A chrome turnout shall be installed on the vertical exhaust of medium duty chassis. BH26J000 0 1 FUEL TANK COVERS, DIAMOND PLATE FOR FOUR -DOOR CABS Diamond plate step well covers shall be installed on both the curb and street side cab step wells. The covers shall be made of .125 "thick polished diamond tread plate with a minimum 3003 -H14 alloy. The cover shall include a pull out tray for chassis batteries. The covers shall sized appropriately for a four -door cab. !!! NOTE THIS IS AN EXTENDED CAB CHASSIS !!! INSTALL CUSTOM FABRICATED METAL BATTERY HOLD DOWN ILO NYLON STRAPS. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:15 AM Rev 2 Page 4 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 BH320R00 1 1 AIR SUSPENSION SWITCH: dump override A switch will be installed where specified, to override the automatic dump feature activated by the left rear patient compartment entry door. Switch Locate: LOWER INNER PANEL OF RIGHT REAR PATIENT ENTRY DOOR. ! ! ! NOTE THIS IS TO BE A MANUAL DUMP SWITCH ONLY. BHSPDO06 1 1 MIRROR: OEM The mirror set shall be OEM supplied, and installed by the chassis manufacturer. BL26B000 1 1 BACKUP ALARM RESET Backup alarm to automatically reset to on if alarm was manually canceled using the control panel alarm cut -off switch (FL25) during previous use. BL26H000 0 1 REVERSE CAMERA WITH MONITOR IN CAB A rear vision system shall be installed with a camera above the rear doors and a monitor in cab. The system shall be Safety Vision #SV- CLCD65 with a #SV -LCD68 monitor with built in speaker and day night sensor. ! ! ! SUPPLY AND INSTALL A SAFETY VISION DUAL CAMERA SYSTEM. INSTALL DVM- 553 MONITOR IN DRIVER'S SIDE OF OEM OVERHEAD CONSOLE AND ANGLE TOWARDS DRIVER. ALLOW FOR ACCESS TO A/V INPUT JACKS. SUPPLY AND SHIP LOOSE (1) (1) CVC -21OFM CAMERA. WIRING FOR THE CVC -21OFM CAMERA TO BE LOCATED CURBSIDE REAR CORNER APPROXIMATELY 20" FROM CEILING. HORTON TO SHIP THIS CAMERA LOOSE WITH VEHICLE. SUPPLY AND INSTALL (1) CVC -21OFM CAMERA OVER THE REAR DOORS BELOW THE CENTER OF THE TRAFFIC ADVISOR. PROGRAM SYSTEM TO TURN ON AUTOMATICALLY WITH IGNITION. WIRE SO THAT THE INTERIOR CAMERA IS DEFAULT. SYSTEM TO SWITCH TO EXTERIOR REAR VIEW WHEN VEHICLE IS PLACED IN REVERSE. INTERIOR CAMERA TO OPERATE IN DRIVE. INSTALL A REMOTE MICROPHONE IN THE ACTION AREA FOR COMMUNICATION TO THE CAB. !!! INSTALL A MANUAL SWITCH TO TOGGLE FROM CAMERA "A" TO CAMERA "B ". BL32A000 1 1 OEM AM /FM /CD PLAYER SHALL BE PROVIDED BY THE OEM MANUFACTURER OEM AM /FM /CD player shall be provided by the OEM manufacturer on all Horton supplied chassis. Note: This option applies only to chassis supplied by Horton. Chassis supplied by either the customer or the dealer must be ordered with this feature from the chassis OEM. !!! RADIO TO INCLUDE WEATHERBAND. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:15 AM Rev 2 Page 5 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 C CONVERSIONS CA200000 0 1 PREVIOUS VEHICLE REFERENCE This option is to be used for comparison purposes only. Specifications are specific to each order so use extreme caution when referencing a previous production order. PREVIOUS VEHICLE PRODUCTION #14601, PHOTOS IN ELECTRONIC FILE CA615000 0 1 CONVERSION MODEL: 623 INTERNATIONAL PASS - THROUGH: MINIMUM BODY DIMENSIONS: (Exterior) - Height: 91" - Width: 96" - Length: 173" (Interior) - Height: 72" -Aisle 20" - Width: 20 "(from edge of cot bench riser) in wall position to squad - Length: 169" OVERALL DIMENSIONS (Including Chassis, Module and Step): - Height: 110" (to top of vent) - Width: 100" - Length: 296" !!! THIS IS A CUSTOM BODY PER PRINT. !!! CHASSIS HAS A 112" CAB TO AXLE !!! THIS VEHICLE TO HAVE NO PASS THROUGH ACCESS TO CAB. !!! HEADROOM HAS BEEN INCREASED 2 ". DO NOT INCREASE HEIGHT OF REAR DOORS. CA615001 1 1 623 STREETSIDE FORWARD: Clear Door Opening: 18.7" wide x 80.6" high Actual Compartment 21.4" wide x 83.6" high x 21.5" This area shall be accessed through a single outside hinged door. The compartment shall house the vehicle's primary 02 cylinder. The compartment shall be vented to the outside. ! ! ! STREETSIDE FORWARD VERTICAL COMPARTMENT TO HAVE THE FOLLOWING MINIMUM INSIDE DIMENSIONS: 39.00" WIDE X 22.75" DEEP X 89.00" HIGH !!! DUE TO LARGE SIZE OF COMPARTMENT DOOR, IT WILL BE NECESSARY TO ADD ADDITIONAL VENTING. LOUVER THE LOWER PORTION OF THE INNER COMPARTMENT DOOR PANEL. INSTALL A CUT OUT IN THE LOWER PORTION OF THE COMPARTMENT DOOR AND INSTALL A DIAMOND PLATE LOUVERED PANEL ON EXTERIOR OF DOOR. !!! INSTALL DOUBLE DOORS. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:15 AM Rev 2 Page 6 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 501 WEST ATLANTIC AVENUE Year: 2014 DELRAY BEACH, FL 33444 r ;HOf' on STEVE ANDERSON EMERGENCY VEHICLES Chassis: Navistar Medium, 108" Model: 623 Option Std Qty Header /Description /Data Proposal Total 0 1 COMPARTMENT WIDTH Modify: first, street side cb04Ow00 The width of the standard compartment for this model shall be modified. This is the first street side compartment width modification and shall include affected modifications to the interior cabinet. Width Modification: INCREASE TO 39" 0 1 SHELF FOR LED LIGHTED VERTICAL COMPARTMENT dr081000 A diamond plate adjustable shelf shall be installed in the following location. Locate: INSTALL (1) IN THE RIGHT HAND PORTION OF COMPARTMENT ABOVE THE 02 CYLINDER. 0 1 DIVIDER FIXED, VERTICAL COMPARTMENT dr11a000 Install a 16" deep fixed vertical divider shall be installed in the location listed below. (Divider material is to match the compartment material) Locate: (1) TO LEFT OF THE ELECTRIC 02 LIFT 0 3 ROK BACKBOARD STRAP dr12a000 Install a ROK backboard strap in the designated backboard compartment. dr150000 LOCATE: TBD 0 1 SPECIAL INSTRUCTION, COMPARTMENT !!! COMPARTMENT TO BE TRANSVERSE. INSTALL A TRANSVERSE COMPARTMENT ON THE LEFT SIDE OF THE DIVIDER. THIS COMPARTMENT TO BE ACCESSIBLE FROM BOTH SIDES OF THE VEHICLE. TRANSVERSE TO START APPROX 40" FROM FLOOR AND HAVE (2) EQUAL SIZED SLOTS. SLOTS TO BE AS WIDE AS POSSIBLE BETWEEN DIVIDER AND LEFT HAND WALL. HEIGHT TO BE APPROX 23" COVER ALL MATERIAL WITH DARK GRAY SCORPION COATING. SEE ATTACHED SKETCH 0 1 OXYGEN BOTTLE BRACKET: Zico OTS electric tn01e000 Electric operated oxygen bottle mount for cylinder loading and securing. Controls to be mounted on the in side of the compartment door. Bottle size: "M" INSTALL ON THE RIGHT SIDE OF THE COMPARTMENT. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:16 AM Rev 2 Page 7 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 CA615002 1 1 623 STREETSIDE INTERMEDIATE: Clear Door Opening: 51.8" wide x 39.8" high Actual Dimensions: 55.5" wide x 43" high x 21.5" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices. !!! COMPARTMENT TO HAVE THE FOLLOWING MINIMUM INSIDE DIMENSIONS: 38.00" WIDE X 22.75" DEEP X 49.00" HIGH. INSTALL A SINGLE HINGED DOOR ON COMPARTMENT. ! ! ! INSTALL DUAL NADER PIN LATCH, (1) TOP AND (1) BOTTOM. !!! INSTALL A LOUVERED PANEL ON THE RIGHT HAND WALL AS LARGE AS POSSIBLE TO VENT COMPARTMENT INTO THE WHEEL HOUSE AREA. IT WILL BE NECESSARY TO ADD THIS ADDITIONAL VENTING DUE TO SIZE OF COMPARTMENT. LOUVER THE LOWER INNER PANEL OF COMPARTMENT DOOR. INSTALL A CUT OUT IN THE LOWER DOOR SKIN AND INSTALL A LOUVERED DIAMOND PANEL IN THIS AREA. 0 1 COMPARTMENT HEIGHT Modify: first, street side cb040000 The height of the standard compartment for this model shall be modified. This is the first street side compartment height modification and shall include affected modifications to the interior cabinet. Height Modification: INCREASE TO 49" 0 1 COMPARTMENT WIDTH Modify: second, street side cb04aw00 The width of the standard compartment for this model shall be modified. This is the second street side compartment width modification and shall include affected modifications to the interior cabinet. Width Modification: DECREASE TO 38" 0 1 SHELF FOR LED LIGHTED SINGLE DOOR HORIZONTAL COMPARTMENT dr08a100 A diamond plate adjustable shelf shall be installed in the location listed below. LOCATE: INSTALL IN UPPER PORTION OF COMPARTMENT AND USE TO MOUNT ALL ELECTRICAL EQUIPMENT. 0 1 TOOL MOUNTING PLATE dY10d000 A .250" thick aluminum plate with a sanded D/A finish shall be installed in the designated area. The plate will be secured to the compartment wall using existing or additional extruded aluminum "C" channels. !!! WELD VERTICAL SHELF TRACK ON THE BACK WALL OF COMPARTMENT AND INSTALL A DA FINISH .250" ALUMINUM PLATE THAT IS APPROXIMATELY 36.00" WIDE X 38.00" HIGH. INSTALL RUBBER BUSHINGS BETWEEN PLATE AND WALL TO PREVENT RATTLES. 0 1 EXTRUDED ALUMINUM "C" CHANNEL, ADDITIONAL dY10e000 Additional sections of aluminum "C" channel shall be installed on the designated compartment walls. Location: Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:18 AM Rev 2 Page 8 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 CA615004 1 1 623 STREETSIDE REAR: Clear Door Opening: 32" wide x 39.8" high Actual Dimensions: 37.4" wide x 43" high x 21.5" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices: !!! COMPARTMENT TO HAVE THE FOLLOWING MINIMUM INSIDE DIMENSIONS: 40.00" WIDE X 22.75" DEEP X 43.00" HIGH. ! ! ! DO NOT WELD THE SHELF TRACK ON THE RIGHT HAND WALL OF COMPARTMENT. IT IS TO BE ATTACHED WITH SCREW TYPE HARDWARE AFTER SHORELINE CLOSEOUT HAS BEEN INSTALLED. !!! NOTE INSTALLATION OF STREAMLIGHT ON LEFT HAND WALL OF COMPARTMENT. 0 1 COMPARTMENT WIDTH Modify: third, street side cb04bw00 The width of the standard compartment for this model shall be modified. This is the third street side compartment width modification and shall include affected modifications to the interior cabinet. Width Modification: INCREASE TO 40" 0 1 SHELF FOR LED LIGHTED VERTICAL COMPARTMENT dr081000 A diamond plate adjustable shelf shall be installed in the following location. LOCATE: 24.00" ABOVE THE COMPARTMENT FLOOR. IT WILL BE NECESSARY TO REDUCE DEPTH OF SHELF DUE TO PLATE ON BACK WALL AND NOTCH RIGHT HAND SIDE FOR SHORELINE CLOSE OUT. 0 1 TOOL MOUNTING PLATE dY10d000 A .250" thick aluminum plate with a sanded D/A finish shall be installed in the designated area. The plate will be secured to the compartment wall using existing or additional extruded aluminum "C" channels. !!! INSTALL (2) VERTICAL SHELF TRACKS ON THE BACK WALL OF COMPARTMENT AND INSTALL A .250" DA FINISH ALUMINUM PLATE THAT IS AS WIDE AND HIGH AS POSSIBLE. INSTALL WITH RUBBER BUSHINGS BETWEEN PLATE AND WALL TO PREVENT RATTLES. THIS IS FOR CUSTOMER INSTALLATION OF EQUIPMENT. 0 1 EXTRUDED ALUMINUM "C" CHANNEL, ADDITIONAL dY10e000 Additional sections of aluminum "C" channel shall be installed on the designated compartment walls. Location: Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:19 AM Rev 2 Page 9 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 CA615005 1 1 623 CURBSIDE REAR: Clear Door Opening: 25" wide x 80.6" high Actual Dimensions: 29.6" wide x 83.6" high x 21.5" This area shall be accessed through a single outside hinged door ! ! ! COMPARTMENT TO BE MADE FROM FLAT ALUMINUM AND HAVE THE FOLLOWING MINIMUM INSIDE DIMENSIONS: 40.00" WIDE X 22.75" DEEP X 29.25" HIGH. COMPARTMENT FLOOR TO BE MADE FROM .188" ALUMINUM. !!! INSTALL A STADCO CELLPAC APU CP -6 IN THIS AREA. INSTALL SOUND DEADENING MATERIAL ON WALLS AND CEILING OF COMPARTMENT. !!! INSTALL A 12VDC INTAKE FAN IN RIGHT HAND COMPARTMENT WALL AND INSTALL LOUVERS IN COMPARTMENT DOOR. !!! GENERATOR ALSO LISTED IN PSP00001. 0 1 COMPARTMENT HEIGHT MODIFY: first, curbside cb060000 The height of the standard compartment for this model shall be modified. This is the first curbside compartment height modification and shall include affected modifications of the interior cabinet. Height Modification: DECREASE TO 29.25" 0 1 COMPARTMENT WIDTH Modify: first, curbside cb06Ow00 The width of the standard compartment for this model shall be modified. This is the first curbside compartment width modification and shall include affected modifications to the interior cabinet. Width Modification: INCREASE TO 40" CA615006 1 1 623 CURBSIDE FORWARD: Clear Door Opening: 22.1" wide x 83.6" high Actual Dimensions: 26.7" wide x 86.6" high x 30" This area shall be accessed through a single outside hinged door and from an opening located on the curb side forward wall. The area shall be primarily used for storage of customer furnished jump kits. !!! INSTALL A CURBSIDE FORWARD COMPARTMENT DOOR FRAME AND DOOR FOR OUTSIDE ACCESS TO THE FRONT WALL CABINET. CAB93AFO 0 1 KKK- A -1822F CERTIFICATION LABEL The vehicle shall have weight /payload, electrical load and KKK -A- 1822F certification stickers installed in the 02 compartment. HORTON INSTALLED CB BODY MODIFICATIONS /OPTIONS Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:19 AM Rev 2 Page 10 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 CB030000 0 2 MODULE HEAD ROOM, INCREASE FROM STANDARD (PER INCH) The standard module body headroom shall be increased from standard per the quantity listed below. The quantity represents inches and must be in increments of 2 ". Headroom Required: 74.00" ! ! ! DO NOT INCREASE THE HEIGHT OF THE REAR DOORS WHEN INCREASING HEAD ROOM. CB06SX00 0 1 DOUBLE STEP CURBSIDE ENTRY 6" DROP SKIRT The curbside skirt, forward of the rear wheel well shall be dropped 6 inches. Two integral ALD steps within the side patient door step well shall be available upon opening the side door for easier and lower access to the patient compartment. CB06SX10 0 1 STREETSIDE OF BODY LOWERED 6" FROM STANDARD The street side of the body forward of the rear wheel well shall be lowered 6" from standard. CB09SA00 1 1 PATIENT AREA SOUND PROOFING /ACOUSTIC ENHANCEMENT PACKAGE Install standard sound control package. D MODULE BODY HARDWARE DG050000 1 1 WINDOWS, REAR MODULE BODY ENTRY DOORS The rear module entry doors shall have solid windows. The side entry door shall have a sliding window. DG060000 1 1 WINDOW, SLIDING FOR SIDE ENTRY DOOR The side entry door shall have a sliding window. ! ! ! INSTALL MIRROR STYLE REFLECTIVE DARK TINT FILM ON ALL PATIENT DOOR WINDOWS. THIS IS TO BE CONTRACTED TO AN OUTSIDE VENDER. DHOlA000 0 1 WHEEL WELL TRIM: aluminum diamond plate Install aluminum diamond plate around rear wheel wells. !!! EXTEND UP TO THE BOTTOM OF THE SCOTCHLITE STRIPE. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:19 AM Rev 2 Page 11 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 DH03B000 1 1 MIRROR STAINLESS STEEL SPLASH SHIELDS Install #8 mirror stainless splash shields on the lower front face of the body just behind the cab access doors. These splash shields are to be the same height as the diamond plate front corner guards. (NOT AVAILABLE ON FORD "E" SERIES CHASSIS IN CONJUNCTION WITH EXTENDED CORNER GUARDS) DH040000 1 1 MODULE BODY FENDERS: stainless steel Rear wheel housings shall have stainless steel flare skirts to protect the wheel house opening and side body finish. DH04RS00 0 1 DIAMOND PLATE LOWER BODY RUB RAILS Aluminum diamond plate lower body rub rails are to be along the bottom of the body on each side. DH330000 1 1 REAR DOOR HOLD OPENS, GRABBER Install chrome Cast Products "Grabber" style rear door hold opens. (NOTE: HOLD OPENS MUST BE RELOCATED IF TELESCOPIC LIGHTS ARE ORDERED) ! ! ! REAR DOOR HOLD OPENS TO BE INSTALLED AT THE BOTTOM OF THE DOORS ILOS. DL480000 0 1 ELECTRIC DOOR LOCKS: compartment Install power activated door locks on all exterior compartment doors. Locks to be activated by a switch at each patient area access door. Locks may be overridden by a door key. A separate lock switch will be located in the front radio console if option DL48D000 (wired to OEM locks) is not selected. DL48A000 1 1 ELECTRIC DOOR LOCKS: access doors Install power activated door locks on all patient area access doors. Locks to be activated by a switch at each patient area door, and controlled with the access door locks. Locks may be overridden by a manual slide lever or by the door key. A separate lock switch will be located in the front radio console if option DL48D000 (wired to OEM locks) is not selected. DL48B000 0 1 ELECTRIC DOOR SWITCH: concealed Install a concealed switch on the exterior of the vehicle to operate the power door lock circuit. Doors shall be wired to unlock only on this circuit. Locate: INSTALL BEHIND THE SPLASH GUARD ON THE LOWER STREETSIDE FORWARD CORNER OF THE BODY. (BEHIND CORNER POST EXTRUSION) Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:19 AM Rev 2 Page 12 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 DL48D000 0 1 ELECTRIC DOOR LOCKS WIRED TO OEM SWITCHES The module door locks and compartment locks (if ordered) are to be wired to the chassis door lock switches. DLH40000 0 1 RECESSED LICENSE PLATE BRACKET A Cast Products #LP0002 recessed license plate bracket shall be installed per the attached drawing. The bracket will include lighting in the top to illuminate the license plate. !!! CENTER IN THE RISER BELOW THE REAR DOORS DM100000 1 1 REFLECTORS: All patient compartment entry doors shall have red reflectors in the lower corner. ! ! ! INSTALL AT THE TOP OF BOTTOM OF (3) PATIENT ACCESS DOORS AND THE TOP AND BOTTOM OF THE INNER COMPARTMENT DOOR PANELS. DR22B000 0 1 DRI DECK IN EXTERIOR COMPARTMENTS Dri Deck will be installed on the floor and shelves of all exterior compartments. Color: BLACK DSP00001 0 1 SPECIAL INSTRUCTION, MODULE BODY HARDWARE ! ! ! SUPPLY AND INSTALL 6.00" HIGH DIAMOND PLATE TRIM PANELS ON THE LOWER SIDES OF THE BODY. PANELS TO START AT THE LOWER RADIUS OF COMPARTMENT AND ENTRY DOORS. NOTE FORWARD PANELS TO BE APPROXIMATELY 12.00" HIGH DUE TO 6.00" BODY DROP. ! ! ! NOTE PANEL ON CURBSIDE REAR COMPARTMENT DOOR TO BE LOUVERED DUE TO GENERATOR IN COMPARTMENT. E PAINT AND STRIPING ED060000 0 1 STRIPE: bottom half Paint bottom half special color Paint Color: RED Paint Number: PIERCE CODE 80 CROSS TO FLNA3021 !!! CHASSIS TO BE PAINTED RED FROM THE HOOD DOWN. THE RED STRIPE ON THE BODY TO STOP 64.50" ABOVE THE TOP OF THE REAR RUB RAILS. NOTE THAT THE RED ON THE FRONT FACE OF BODY IS TO EXTEND ALL THE WAY ACROSS THE FACE OF THE BODY. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:19 AM Rev 2 Page 13 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 ED090000 0 1 STRIPE: custom Special paint stripe See drawing ! ! ! INSTALL A 6.00" WIDE WHITE SCOTCHLITE BELTLINE STRIPE ON BODY AND CHASSIS SO THAT THE BOTTOM OF THE SCOTCHLITE STRIPE IS 60.00" BELOW THE BOTTOM OF THE DRIP RAIL ON THE UPPER SIDES OF THE BODY. DO NOT INSTALL STRIPE ON THE ROLL UP DOOR IN CAB. !!! THIS WILL REQUIRE THAT THE DIAMOND PLATE WHEEL WELL PANELS BE HIGHER THAN STANDARD. DIAMOND PLATE TO EXTEND UP TO BOTTOM OF STRIPE. ED20PS00 0 1 PAINT PANEL: sample A painted test panel shall be prepared with the following paint color and number, to confirm correct paint selection. The panel will be mailed as designated. Color: RED Paint Number: FLNA3021 ED5C0000 0 1 DIAMONDGRADE CHEVRONS - ENTIRE REAR Install Diamondgrade chevron striping on the entire rear of the body inboard of the corner posts and below the upper driprail. Colors: RED /FL YELLOW F INTERIOR CABINET DOORS, HANDLES & HARDWARE FE010000 1 1 FULL HEIGHT PULL HANDLES ON SLIDING PLEXIGLAS DOORS All sliding cabinet doors to have full length pull handles. FE01 FT00 1 1 LATCH, HINGED DOOR: Southco flush stainless steel pull style Install stainless flush mount Southco pull latches on the hinged interior cabinet doors. FE02B000 0 1 PLEXIGLAS COLOR: clear All Plexiglas cabinet doors to be clear. ! ! ! THE RUBBER HOSE DOOR STOPS ARE TO BE SILICONED INSIDE THE SLIDING CABINET DOOR TRACK TO PREVENT THEM FROM FALLING OUT. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:19 AM Rev 2 Page 14 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 FE06A000 0 1 COUNTERTOP, AVONITE Install Avonite countertop in lieu of standard stainless steel Color: BRAZILIAN BLUE FE08ST00 1 1 INHALATION PANEL (STANDARD): The inhalation panel is to be fabricated from composite material and covered with Formica to match to color selected. ! ! ! PANEL TO BE 15" SHORTER AT REARWARD END THAT INHALATION CABINET. G INTERIOR COLORS, UPHOLSTERY AND SEATING GF01 R000 0 1 INTERIOR COLOR SCHEME: Custom Interior colors are as follows: FLOOR: LONSEAL LONPLATE SAPPHIRE BLUE #165 RISER: STAINLESS STEEL WALL: FASHION GRAY GLOSSIE CABINET: FASHION GRAY PAINTED ALUMINUM UPHOLSTERY: WEDGEWOOD BLUE !!! INSTALL BACKREST CUSHIONS USING "HURRICANE CLIPS" ILO PUSH IN STYLE RETAINERS. GF01S000 0 1 CUSTOM FLOOR: A non standard /stocking floor material is desired. Type: LOZVSEAL LONPLATE Color: 165 SAPPHIRE BLUE GF02M000 1 1 INSIDE CABINET FINISH: paint The interior of all aluminum cabinets shall have a durable paint finish. The painted surface shall be washable and non - absorbent. GF02P000 1 1 RISERS: The interior of this vehicle is to contain no wood or wood products. The risers are to be made of reinforced structural composite board covered with Formica per the color description. Formica will not installed on the risers if stainless steel riser options are selected. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:20 AM Rev 2 Page 15 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 GF030000 0 1 STAINLESS STEEL RISER, cabinet wall Install stainless steel on cabinet wall riser. If a cabinet riser accent stripe is ordered the stainless steel will stop at the bottom edge of the stripe. GF03A000 0 1 STAINLESS STEEL RISER, bench wall Install stainless steel on squad bench riser. GF03C000 0 1 STAINLESS STEEL LOWER DOOR PANELS Finish lower section of inside patient compartment doors with stainless steel. If an interior accent stripe is ordered the stainless is to stop at the bottom of the stripe. ! ! ! THESE ARE TO BE POLISHED DIAMOND PLATE PANELS ILO STAINLESS STEEL. GK12C000 0 1 HIGH BACK CHILD SAFETY SEAT Delete the standard attendant seat cushion. Install a high back bucket seat with built in child seat restraints. The seat to be adjustable front to rear. ! ! ! THIS SEAT TO INCLUDE A RIGHT HAND ARM REST GK12C100 0 1 SWIVEL MOUNT BASE FOR EVS SEAT A Child Safety back attendant seat, or the five -point harness back attendant seat, will be mounted on a #10008235 EVS SB2 swivel seat base. This option will require the vehicle heat /ac system to be relocated into the bottom of the linen cabinet. Note: Not available with HOPS system. H INTERIOR CABINETRY, STREET SIDE Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:20 AM Rev 2 Page 16 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 HK000200 0 1 LINEN CLOSET WITH HEAT /AC UNIT IN BOTTOM A vertical storage cabinet shall be located behind the attendant seat. The upper storage area shall house the primary electrical distribution area. The lower section shall be used to house the vehicle heat /ac unit. The outer surface of this area will be covered with perforated stainless steel providing intake air to the heat /ac unit. The center section can be utilized for miscellaneous storage. The electrical distribution area and the center storage area shall be accessed through hinged doors. The electrical distribution area shall include a Southco key lock /latching device. The entire cabinet shall be fabricated from aluminum and shall then be painted, unless otherwise specified. !!! INSTALL A CUSTOM CABINET THAT IS REDUCED IN HEIGHT TO ALLOW FOR INSTALLATION OF HEAT /AC UNIT IN CUSTOM CABINET. ALSO NOTE THE WIDTH OF CABINET HAS BEEN INCREASED DUE TO CUSTOM WIDTH OF #1 EXTERIOR COMPARTMENT. INSTALL CUSTOM DOORS ON CABINET PER DRAWING. !!! INSTALL VENTED PANELS IN THE LOWER DOORS ON THIS CABINET. !!! REFER TO MAIN WALL DRAWING FOR DIMENSIONS AND DOORS. !!! ALL DOORS TO BE INSTALLED USING CONTINUOUS HINGE. HK0113000 1 1 STREETSIDE WALL WITH CPR SEAT Street side wall to have CPR configuration. SEE DRAWINGS Configure: street side cabinets to be 18" deep. !!! INSTALL CUSTOM CABINET WALL PER DRAWING. !!! ALL HINGED CABINET DOORS TO BE INSTALLED USING CONTINUOUS HINGE. !!! INCREASE CPR CABINET WIDTH TO 32.00" WIDE. !!! INSTALL AN ADDITIONAL INSERT CABINET THROUGH THE BACK WALL OF CABINET THAT IS 4.00" DEEP X APPROXIMATELY THE SAME SIZE AS THE CPR BACK REST CUSHION. INSTALL SLIDING PLEXIGLAS DOORS WITH 1.00" FINGER HOLES. CUSHION TO COVER FRONT OF CABINET WHEN IT IS IN THE UP POSITION. !!! NOTE CUSTOM HEIGHT AND DEPTH OF CABINETS IN THE MAIN WALL TO ALLOW FOR CUSTOMER STORAGE BINS IN CABINET OVER THE INHALATION AREA AND UPPER CABINET IN THE REAR OF THE MAIN WALL. BIN DIMENSIONS ARE 16.25" WIDE X 7.00" HIGH X 15.00" DEEP. INSTALL THE SHELVES FOR THESE BINS AT AN ANGLE WITH THE FRONT LOWER TO ALLOW EASIER ACCESS. HK01 R000 0 1 LIFT UP CABINET FRAMES: street -side Fasten the Plexiglas door frame extrusion to a piano hinge secured to the cabinet wall. The complete frame and doors shall hinge open upward providing total access to the cabinet behind. The frame shall be held open with gas charged cylinders and secured in the down position with a sliding dead bolt. Locate: CABINET OVER THE INHALATION AREA. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:20 AM Rev 2 Page 17 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 HK020000 0 1 CPR SEAT DROPDOWN BACKREST: The side attendant seat shall have a drop down seat back to extend the action area counter space. Finish backside with stainless steel. ! ! ! INSTALL STOP CHAIN TO HOLD BACK OF CUSHION EVEN WITH COUNTER IN THE DOWN POSITION. HK02L000 0 1 STORAGE BENEATH THE CPR SEAT A trimmed storage area shall be accessed by raising the hinged side attendant seat base cushion. HSP00001 0 1 SPECIAL INSTRUCTION, STREETSIDE CABINETRY ! ! ! INSTALL A SHARPS /WASTE PULL OUT BELOW THE INHALATION COUNTER THAT HAS ACCESS THROUGH THE COUNTER TOP. INSTALL A SLIDING AVONITE LID BETWEEN THE BOTTOM OF THE COUNTER TOP AND THE TOP OF THE CABINET. THIS IS TO SLIDE FORWARD BELOW THE COUNTER FOR ACCESS TO CONTAINERS. INSTALL A FULL LENGTH EXTRUDED ALUMINUM HANDLE ON THE REAR EDGE OF THE SLIDING DOOR. INSTALL A RUBBER STOP INSIDE SLIDE TRACK TO PREVENT HANDLE FROM HITTING TRAY. INTERIOR CABINETS AND SQUAD BENCH, CURB SIDE IA200000 1 1 SQUAD BENCH STORAGE: Storage shall be provided under the bench cushions. The area shall be approximately 6" deep and shall run where possible under the bench. The storage pan shall be fabricated from aluminum and shall be accessed by raising the split cushions. IG05F000 0 1 SQUAD BENCH: DELETE CUPS AND WELLS A 22" wide x 72" long bench cushion shall be provided on the curb side of the patient area. The cushion shall be split. No provisions for stretcher cups and wells are provided. ! ! ! BENCH CUSHIONS TO HAVE APPROXIMATELY .50" OVERHANG. IG070110 1 1 SQUAD BENCH END RESTRAINT FOR USE WITH HOPS Install a restraint that is 16" above the seating surface at the head end of the bench. Standard for use in conjunction with HOPPS 3- point seat belts. DWG #105078 Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:20 AM Rev 2 Page l8 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 lGlOA000 1 1 BENCH HOLD OPENS: gas Install gas spring hold opens on squad bench lid. IG100000 1 1 BENCH HOLD -DOWN: paddle latches (Pair) Install recessed paddle latches into the squad bench riser to retain the squad bench lids in the closed position. The latches shall be both passive and positive. ! ! ! INSTALL ONLY (1) PER DRAWING. IG15A000 1 1 BENCH CUSHION EDGE TRIM: Trim bench cushion edge with protective aluminum trim, to protect horizontal edge of squad bench cushion from tears.. IK17G000 0 1 SHARPES /WASTE STORAGE ON A TIP OUT DOOR IN BENCH Install both sharps and waste containers on a tip -out door in the face of the squad bench. The door shall be specifically located as noted below. ! ! ! INSTALL A 16 QUART SHARPS CONTAINER IN AN ALUMINUM CABINET AT THE HEAD OF THE BENCH. CUT OUT THE INSERT INSIDE THE SHARPS /WASTE CABINET AND INSTALL A REMOVABLE DIVIDER TO SECURE SHARPS CONTAINER IN THE AISLE PORTION OF THE CABINET. FABRICATED ALUMINUM WASTE TO BE IN OUTSIDE PORTION. CABINET TO HAVE SLIDING RED FORMICA COVERED ALUMINUM DOORS IN A LIFT UP FRAME FOR ACCESS TO SHARPS CONTAINER. INSTALL THE HINGE FOR THE LIFT UP FRAME IN THE WALL SIDE OF DOOR SO DOOR WILL OPEN AGAINST SIDE WALL OF VEHICLE., NOTE CABINET WILL EXTEND ABOVE THE TOP OF THE BENCH CUSHIONS. MINIMUM WIDTH TO BE 15.00 ". SHARPS CONTAINER TO HAVE A 10.00" OPENING AND BE NO TALLER THAN 15.50" HIGH. INSTALL A PADDED CLOSEOUT ON THE BENCH SIDE OF THIS ASSEMBLY. !!! ALSO REFER TO ISP00001 AND PHOTOS IN ELECTRONIC FILE. ISP00001 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY ! ! ! INSTALL A HINGED DOOR WITH GAS SPRING HOLD OPEN IN THE STEP WELL END OF BENCH FOR ACCESS TO THE STORAGE AREA BELOW SHARPS /WASTE. INSTALL (1) ADJUSTABLE SHELF IN THIS CABINET. INSTALL A CLOSE OUT OVER THIS CABINET INSIDE THE BENCH PAN. ISP00002 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! DO NOT INSTALL A BENCH CABINET IN VEHICLE. DO NOT INSTALL UPPER BACK CUSHION ON WALL. !!! HORTON TO BUILD A BENCH CABINET TO DUPLICATE CABINET THAT WAS BUILT AND INSTALLED IN VEHICLE #13423 AND SHIP LOOSE WITH THIS VEHICLE. CABINET TO BE 98 "W X 18 "H X 12.5" DEEP. INCLUDE SLIDING PLEXIGLAS DOORS AND LIFT UP FRAME. SHIP ALL HARDWARE NECESSARY TO INSTALL CABINET. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:20 AM Rev 2 Page 19 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 ISP00003 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL A CABINET AT THE FOOT OF THE BENCH ON REAR WALL JUST ABOVE BENCH. DOOR TO BE HINGED ON LEFT AND LEXAN. ONE ADJUSTABLE SHELF. SEE PHOTOS. CABINET TO BE APPROX 6" DEEP ID, AND START APPROX 15" ABOVE BENCH CUSHION. CABINET TO BE AS TALL AS POSSIBLE USING ALLOWABLE SPACE. ISP00004 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL A (3) POSITION GLOVE STORAGE COMPARTMENT ABOVE SIDE ENTRY DOOR. INTERIOR CABINETS, FRONT JAK03000 1 1 FRONT WALL CABINET: The front wall cabinet shall be arranged per drawing. Additional configuration information may follow. Cabinet wall finish: paint !!! CABINET TO BE 30.00" WIDE MINIMUM INSIDE DIMENSION. !!! NOTE THAT THE EXTERIOR ACCESS PORTION OF CABINET IS TO HAVE MAXIMUM OPENING. FLANGES ON SIDES OF CABINET TO BE FLUSH OR BEHIND THE COMPARTMENT DOOR EXTRUSIONS. !!! SHELVES IN THE LOWER PORTION TO BE MADE FROM PERFORATED ALUMINUM WITH 1.00" FLANGES. INSTALL GRIP LOCK ON THE EDGES OF THE SHELVES. REDUCE THE DEPTH OF THE SHELVES AT REAR TO ALLOW 1.00" OF SPACE BETWEEN BACK OF SHELF AND BACK OF CABINET FOR POWER CORDS TO PASS BETWEEN BACK OF SHELF AND BACK OF CABINET. !!! INSTALL (2) 12VDC MUFFIN FANS IN THE LEFT HAND SIDE OF CABINET, (1) UPPER AND (1) LOWER. WIRE LOWER FAN TO OPERATE AS POWER INTAKE, UPPER TO BE WIRED AS EXHAUST. THIS IS TO CIRCULATE AIR INSIDE THE CABINET AND MAINTAIN TEMPERATURE CONTROL. WIRE THESE FANS TO COME ON WHEN THE VEHICLE HEAT /AC SYSTEM IS ACTIVATED. !!! NOTE MAX COOL UNIT IN UPPER PORTION OF CABINET. JE050000 0 2 DOOR, SOLID HINGED FORMICA: The hinged cabinet door shall be solid construction and Formica covered. Type: LAMINATE COVERED SOLID DOORS WITH ALUMINUM TRIM ON EDGES. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:20 AM Rev 2 Page 20 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 JSP00001 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! INSTALL A CUSTOM CABINET ON FORWARD FLOOR OF VEHICLE IN AISLE AREA THAT EXTENDS FROM THE SIDE OF THE FRONT WALL CABINET TO THE FACE OF THE VERTICAL CABINET. !!! INSTALL (1) PULL OUT DRAWERS LOCATED ABOVE TRANSVERSE. !!! INSTALL A STAINLESS STEEL TRAY ON TOP OF CABINET. JSP00002 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! INSTALL A CEILING MOUNTED CABINET AGAINST THE FRONT WALL OF VEHICLE THAT EXTENDS FROM THE SIDE OF THE FRONT WALL CABINET TO THE BACK OF THE STREETSIDE FORWARD COMPARTMENT. THIS CABINET TO BE FOR INSTALLATION OF VEHICLE HEAT /AC SYSTEM AND BE 16.00" HIGH X 22.00" DEEP. INSTALL THE INTAKE GRILLES IN THE TOP OF THE CABINET, DISCHARGE VENTS TO BE IN FRONT FACE. JSP00003 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! CHANGE THE DOOR ON THE ELECTRICAL STORAGE CABINET TO HINGED DOUBLE DOORS ILO SINGLE DOOR. INSTALL HINGES ON SIDES OF DOORS AND NOTE THAT IF THERE IS A CLEARANCE ISSUE, DOORS DO NOT HAVE TO BE EQUAL SIZES. INSTALL LOCKING SLAM LATCH IN LEFT HAND DOOR, RIGHT HAND DOOR TO HAVE INSIDE RELEASE. JSP00004 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! SUPPLY AND INSTALL A MODEL #CR36SS 12124V, STAINLESS STEEL ISOTHERM DRAWER ON SHELF, IN MIDDLE OF CABINET. WIRE BATTERY HOT. K MODULE INTERIOR ACCESSORIES AND TRIM KG02B000 2 4 IV HANGER, CAST PRODUCTS WITH RUBBER ARM Cast products recessed IV hangers with rubber arms for attaching solution bags shall be installed in the designated locations. Locate: OVER CHEST AND FOOT OF COT AND CHEST AND FOOT OF BENCH PER OVERHEAD DRAWING. KG071000 0 1 INFUSION PUMP RAIL Install an infusion pump rail in the location noted below. Locate: INBOARD REAR CORNER OF THE INHALATION TRAY. THIS IS TO BE A 1.25" DIAMETER HANSON RAIL WITH RUBBER INSERTS. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:20 AM Rev 2 Page 21 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 KG09B000 1 1 CEILING GRAB RAIL: standard (2) 2ft rails or (1) 6ft rail anti - microbial Cabinet wall "A" will have (1) 6' rail over cot as standard. Cabinet wall "B" will have (2) 2' rails, 1- forward and 1 -to rear of CPR seat. !!! INSTALL A SINGLE 6' RAIL PER OVER HEAD DRAWING, EVEN THOUGH VEHICLE HAS A CPR SEAT. KG09F000 0 1 GRAB RAIL: 8ft with anti - microbial coating Install 8 foot main grab rail with anti - microbial coating. Locate: PER OVERHEAD DRAWING. KG09K000 1 1 PATIENT DOOR GRAB RAILS: angled with anti - microbial coating All patient access doors to have heavy duty angled stainless steel grab rails with smooth radius corners and flange mounting and anti- microbial coating. KG110000 1 1 FLOOR TRIM Trim floor with cove molding at non rolled areas of floor. KG120000 1 1 CABINET TRIM Trim all vertical and horizontal edges. KG16B000 1 1 CEILING MATERIAL, PLATINUM WHITE ALUMINUM COMPOSITE The standard module ceiling material shall be platinum white aluminum composite. KG17A000 2 2 FIRE EXTINGUISHERS: 51b ABC Supply five pound fire ABC extinguisher(s). Ship loose, or identify mounting location(s). !!! SHIP LOOSE KL33B000 0 1 REAR RADIO SPEAKERS Install two rear speakers in patient compartment. Volume control to be integral to the rear switch panel and controlled by individual up /down momentary switches. LOCATE: FRONT AND REAR OF THE PATIENT AREA CEILING. COVERS TO BE PAINTED WHITE TO MATCH CEILING. !!! THESE SPEAKERS TO BE WIRED USING SHIELDED WIRE TO PREVENT RF INTERFERENCE. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:20 AM Rev 2 Page 22 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 L COT MOUNTS AND ACCESSORIES LG0313500 0 1 COT SAFETY HOOK A yellow cot safety hook shall be installed on the floor near the rear doors. The provided hook shall match the manufacturer of the cot mount. !!! THIS IS TO SHIP LOOSE WITH INSTALLATION HARDWARE. LG03F000 0 1 COT MOUNT, SINGLE: Stryker Install Stryker cot mount for single position. Cot Model: 6082 Locate: CENTER POSITION ONLY. M LIGHTBARS FRONT AND REAR MAM148FO 1 1 FRONT LIGHTBARS FOR 96" BODIES 0 1 LIGHT BAR: custom front mam15y00 Install special front light bar. Model: WHELEN FREEDOM 60.00" BAR. ALL CLEAR DOMES Configure: RED / RED / CLEAR / RED / RED / CLEAR /CLEAR /RED /RED /CLEAR /RED /RED 0 1 LIGHT BAR MOUNT: cab roof mam20a00 Mount light bar on cab roof. Model: selected above MAM148RO 1 1 REAR LIGHTBARS FOR 96" BODIES Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:21 AM Rev 2 Page 23 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 501 WEST ATLANTIC AVENUE Year: 2014 DELRAY BEACH, FL 33444 r ;HOf' on STEVE ANDERSON EMERGENCY VEHICLES Chassis: Navistar Medium, 108" Model: 623 Option Std Qty Header /Description /Data Proposal Total 0 1 LIGHT BAR: custom rear mbm15z00 Install special rear light bar. Model: WHELEN TAL85 TRAFFIC ADVISOR Configure: ALL AMBER, NO CONTROL HEAD INSTALL (3) SWITCHES IN THE FRONT CONTROL PANEL TO ACTIVATE: LEFT TURN, RIGHT TURN, AND RANDOM FLASH. 0 1 LIGHT BAR MOUNT: rear face of body mbm20C00 Mount selected light bar to rear face of module body. Vertical surface mount bars, are mounted flush to face. Traditional light bars mount to Cast product brackets on the face of the module body. Model: selected above MM ELECTRICAL EMERGENCY VISUAL WARNING SYSTEMS MM030000 1 1 WHELEN M SERIES LIGHTING OPTIONS: 0 6 M4 SERIES LED, RED /WHITE SIDE TO SIDE SPLIT m m04rw00 Whelen M4 series L.E.D. lights shall be installed in the designated locations. Location: (2) FRONT FENDERS, AS INTERSECTION LIGHTS (2) EXTENDED CAB PORTION BY ROLL UP DOOR (2) ABOVE EACH REAR WHEEL WELL 0 1 M6 SERIES LED, WHITE WITH CLEAR LENS m m06w000 Whelen M6 series L.E.D. lights shall be installed in the designated locations. Location: FRONT FACE OF BODY ON AC CONDENSER 0 1 M7 SERIES LED, AMBER m m07a000 Whelen M7 series L.E.D. lights shall be installed in the designated locations. Location: CENTERED ABOVE REAR ENTRY DOORS Lens color: CLEAR 0 6 M7 SERIES LED, RED /WHITE SIDE TO SIDE SPLIT m m07rw00 Whelen M7 series L.E.D. lights shall be installed in the designated locations. Location: (4) AS GRILLE LIGHTS UPPER FENDERS AS INTERSECTION LIGHTS. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:23 AM Rev 2 Page 24 of 40 0 10 M9 SERIES LED, RED m m09Y000 Whelen M9 series L.E.D. lights shall be installed in the designated locations. Location: (2) FRONT FACE OF BODY (2) STREETSIDE (2) CURBSIDE (2) REAR FACE, LOWER WINDOW LEVEL (2) REAR FACE, UPPER OUTBOARD CORNERS Lens color: CLEAR MM10CL00 0 2 L.E.D. WARNING: compartment door (EACH) Install custom made L.E.D. light strips on the interior of the exterior compartment door panels. The light strips shall have an integral lens strip for maximum light disbursement. Installation will be flush with the ALD inner panel. The light strip shall flash when the compartment door is open, and the red flashing light circuit is activated. Compartment: STREETSIDE FORWARD Color: CLEAR !!! INSTALL (1) AT TOP OF DOOR AND (1) AT BOTTOM OF DOOR. LIGHTS TO DOUBLE FLASH IF DOOR IS OPENED AND MODULE DISCONNECT SWITCH IS ON. MMSP0010 0 1 SPECIAL INSTRUCTION, VISUAL EMERGENCY WARNING SYSTEMS ! ! ! INSTALL (2) AMBER TIR6 LED LIGHTS IN THE REAR RISER, CENTERED BELOW THE BRAKE /TAIL LIGHTS, (1) ON EACH SIDE. !!! PROGRAM TO DOUBLE FLASH WITH EMERGENCY LIGHTING. MN AUDIBLE EMERGENCY WARNING SYSTEMS MN09N000 1 1 AIR HORN: medium duty chassis The chassis shall have air horns installed from the chassis manufacturer. The air horns shall use the chassis air system. The air horns can only be activated when the vehicle is in gear. Trumpet Locate: EACH SIDE OF CHASSIS HOOD. !!! THESE ARE TO BE HADLEY TRUMPETS ILO GROVER. Activation: INSTALL A CHROME PUSH BUTTON SWITCH ON THE PASSENGER'S SIDE OF CONSOLE IN ADDITION TO OEM ACTIVATION. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:23 AM Rev 2 Page 25 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 M N35B000 0 MN35EF20 0 MN40A000 1 MN45UL00 1 MN50A000 1 1 SIREN:295SLSC1 Specified siren to be: WHELEN WS295SLSC1 1 SIREN, FEDERAL EQ213 Specified siren to be: Federal EQ2B 200 watt electronic with digital output control. 1 SIREN INSTALL: The siren listed above shall be supplied and mounted as defined. 1 SPEAKERS, SA3803 Install SA3803 siren speakers. 1 SPEAKER INSTALL: bumper Speaker Selections (Bumper Installed) Q LIGHTS OL09M000 0 1 KKK SIDE BODY MARKER LIGHTS, M6 SERIES L.E.D. (PAIR) Install red Whelen L.E.D. M6 series turn /marker lights on each rear side of the module body. Lights provide module body night time side lighting visibility and turning signal indication. OL34L000 1 1 LED EXTERIOR COMPARTMENT LIGHTING All exterior compartments will be lighted with LED strip lighting. A vertical strip will be installed inside both sides of each compartment. The lights shall be directed toward the back of the compartment. Note: This does not include wheelwell compartments. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:23 AM Rev 2 Page 26 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 OL350000 1 1 ICC MARKER LIGHTS LED ICC marker lights shall be installed. ! ! ! INSTALL FRONT OUTBOARD ICC LIGHTS SO THE UPPER EDGE OF THE BRUSH GUARD IS AS CLOSE TO THE DRIP RAIL AS POSSIBLE. RED FLASHING LIGHTS TO BE INSTALLED AS CLOSE TO BOTTOM OF BRUSH GUARDS AS POSSIBLE. OM25CWO 0 4 M9 SERIES LED SCENE LIGHT Install Whelen M9 series LED side scene lights. Locate: (2) PER SIDE OM26B000 0 2 WHELEN PFP1 SINGLE PANEL PIONEER PLUS SUPER LED FLOODLIGHT Install a Whelen PFP1 super LED floodlight as noted below. Install using a PBA103 semi - recess housing. Quantity: 2 Locate: OUTER EDGES OF REAR ENTRY DOORS, REAR SCENE LIGHTS ONLY, DO NOT ACTIVATE WITH LOAD LIGHTS. CONTROL WITH SWITCH IN DUMP SWITCH PANEL ON DOOR. ALSO ADD SWITCH IN FRONT IPLEX PANEL. SEE SKETCH OM30D000 0 1 TAIL LIGHTS, M6 SERIES Whelen M6 series brake /tail, amber arrow turn and backup lights to be installed in the selected location. Locate: tail /stop and reverse, horizontally in ALD riser Locate: turn signal, per drawing !!! PROGRAM TURN ARROWS FOR SEQUENCE ARROW 60 FLASH PATTERN. BRAKES TO BE SET FOR SIGNAL ALERT FEATURE. OSP00001 0 1 SPECIAL INSTRUCTION, ELECTRICAL !!! INSTALL A JABSCO #60020 -0000 LITE SPOT 135SL W /REMOTE, REMOTE CONTROL SPOTLIGHT ON THE CAB ROOF BEHIND THE CENTER OF THE LIGHTBAR. IT WILL BE NECESSARY TO FABRICATE A PAINTED ALUMINUM HAT SECTION MOUNT TO ENSURE THE LIGHT IS HIGH ENOUGH FOR OPERATION. INSTALL THE CONTROL FOR LIGHT IN THE CENTER OF THE RADIO CONSOLE EVEN WITH THE REAR OF THE CAB SEATS. INSTALL "ON /OFF" LABEL FOR THIS LIGHT. OSP00002 0 1 SPECIAL INSTRUCTION, ELECTRICAL ! ! ! INSTALL A RED ICC LIGHT OVER THE REAR DOORS ON THE UPPER PORTION OF THE PADDED CLOSEOUT IN CENTER. WIRE FOR BRAKE ACTIVATION ONLY. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:23 AM Rev 2 Page 27 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 OSP00003 0 1 SPECIAL INSTRUCTION, ELECTRICAL !!! SUPPLY AND INSTALL A WHELEN PIONEER LED (PFA2BAIL) BROW MOUNTED LIGHT ON EACH SIDE OF THE CHASSIS ROOF ABOVE THE ROLL UP DOOR COMPARTMENTS PER DRAWING. TOTAL OF (2). INSTALL SEPARATE SWITCHES IN THE FRONT CONSOLE FOR ACTIVATION. OSP00004 0 1 ELECTRICAL LIGHTING, SPECIAL INSTRUCTION !!! INSTALL (2) WHELEN M6ZC LIGHTS ABOVE REAR ENTRY DOORS JUST INSIDE THE PIONEER LIGHTS. THESE ARE TO BE ACTIVED WITH LOAD LIGHT FUNCTION. SEE SKETCH P ELECTRICAL POWER GROUP PAL00003 1 1 INTELLIPLEX MULTIPLEX ELECTRICAL SYSTEM: Install the Intelliplex Multiplex electrical system. PALOOA00 0 1 MODULE DISCONNECT DEFAULT The module disconnect circuit shall default to the "on" position when the battery switch is activated. PAL01 BOO 1 1 BATTERY SWITCH: std. operation The "Master" battery switch shall switch battery power "on" and "off" to the ambulance body and conversion added electrical circuits only. All OEM chassis electric's, (headlights, ignition, keep alive) shall remain wired "hot" and have no ability to be switched "off ", and provide circuit function as provided by the chassis manufacturer. NOTE: DO NOT MODIFY OEM BATTERY SWITCH UNLESS STATED BELOW. PAL04DOO 1 1 CHARGER /POWER SUPPLY: 45 AMP Install a 45 amp battery conditioner in the designated electrical equipment area. Conditioner to be wired to the batteries through the standard shoreline inlet. ! ! ! THIS IS TO BE A ZAIVTREX #804- 5012XC 5012 50 AMP CHARGER ILOS. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:23 AM Rev 2 Page 28 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 PAL05000 0 1 STADCO CP7 GENERATOR Install a Stadco CP7 diesel generator in the compartment listed below. Unit is to include a remote start panel, voltmeter and an elbow /tailpipe kit. Plumb to the OEM fuel tank. Horton to provide documentation of generator test having been performed. Generator location: CURBSIDE REAR COMPARTMENT Remote start location: PAL30A00 2 5 110V INTERIOR OUTLET Two 110V interior outlets are provided as standard on all models. The standard locations are in the inhalation area and the wall over the squad bench. Additional outlets are to be specified as to their location. Locate: FRONT AND REAR OF THE INHALATION AREA (2) Locate: FRONT WALL ABOVE DRAWER (1) Locate: ABOVE EACH SHELF IN THE LOWER PORTION OF FRONT WALL CABINET (2) PAL31 C00 3 2 INTERIOR 12VDC OUTLETS: cigarette lighter type 12 volt outlets to use cigarette lighter style connectors. Locate: INHALATION AREA AND FRONT WALL CABINET Configure: HOT AT ALL TIMES PAL38E00 0 2 SHORELINE, KUSSMAUL SUPER AUTO EJECT, 20 AMP NON ARCING Install a 20 amp Kussmaul non - arcing auto ejection shoreline receptacle. Locate: FRONT FACE OF BODY ON AIVGELD PANEL. !!! (1) TO BE DEDICATED TO THE DANHARD HEAT /AC SYSTEM, (1) TO BE FOR REMAINDER OF VEHICLE. LABEL EACH INLET FOR USE. PAL381LO 0 2 SHORELINE INDICATOR: Install an indicator pilot light to show power to A.C. circuits and presence of activated shoreline. Locate: ABOVE EACH SHORELINE INLET IN STAINLESS STEEL PLATE Configure: WELDON GREEN LED PAL40000 1 1 EXTRA 12VDC CIRCUIT BREAKER: An extra circuit breaker shall be installed. PL10A000 1 1 SWITCH PANEL MOUNT: Switch panel to be flush mounted in upper face of console. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:23 AM Rev 2 Page 29 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 PL11A000 0 1 LIGHT PROGRAMMING: side rear scene The side rear scene lights shall be wired to transmission reverse, plus standard mode of operation. PL11 B000 0 1 LIGHT PROGRAMMING: right side scene The right side scene lights shall come "on" when the side patient door is opened. ! ! ! ALSO ACTIVATE THE STREETSIDE AND CURBSIDE SCENE LIGHTS WHEN ANY COMPARTMENT DOOR ON THE RESPECTIVE SIDE OF THE BODY IS OPENED. THIS INCLUDE ROLL UP DOORS IN THE EXTENDED CAB. PL11C000 0 1 LIGHT PROGRAMMING: load light The rear load lights shall be wired to transmission reverse, plus the standard mode of operation. PL11 E000 0 1 LIGHT PROGRAMMING: modular disconnect timer The module disconnect shall be wired to automatically shut -down when inadvertently left in the on position, with the engine turned OFF and the battery switch in the ON position. Time out: 10 min. Configure: Do not time out if shoreline is plugged in PL11 F000 1 1 PROGRAMMING: AUDIBLE LOW VOLTAGE ALARM Program an audible alarm to activate if the voltage drops below 11.8 volts for 120 seconds. PL11G000 1 1 LIGHT PROGRAMMING: park brake A warning shall display on the front console readout, advising to set the Parking Brake, should the modular disconnect switch be "ON" and the transmission placed in "PARK" or "NEUTRAL ". It will also advise to Disengage the Parking Brake should the vehicle be placed into gear. Configure: wire alarm to activate with red flasher circuit PL190000 1 2 REPORT LIGHT: A report light shall be located at the action wall to light the counter area ! ! ! INSTALL A SECOND LIGHT ON THE BOTTOM OF THE HEAT /AC CABINET INSTALLED IN THE FRONT OF THE PATIENT AREA !!! BOTH LIGHTS TO BE THINLIGHT #111 FLUORESCENTS ILOS. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 30 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 PL200000 0 1 CLOCK: aircraft An aircraft style back lighted clock with sweep second hand shall be installed. The clock shall include a hinge for easy access to changing the time or battery. Locate: OVER REAR DOORS PL21A000 0 1 INTERCOM: Install cab to module body IC -100 voice intercom. PL230000 0 2 CAB CEILING LIGHTS: Two (2) Signal Stat lights shall be installed in the cab headliner and shall have an individual switch on each light. !!! INSTALL WELDON EURO LIGHT WITH SPLIT RED /CLEAR LENS. INSTALL (1) OVER EACH CAB SEAT. PL24T000 0 1 LAMP TIMER: programmable Install an electronic momentary touch timer switch where specified. The switch will enable time limited operation of the below listed lights, with the battery switch in the off position. Locate: WALL OVER HEAD OF BENCH Light(s) Controlled: DOMES SET ELAPSED TIME FOR 30 MINUTES PL27CA00 0 10 PATIENT CEILING DOME LIGHTS: WHELEN LED Install Whelen 8000EHCR LED dome lights in the patient area ceiling per the locations listed below. The lights will have a high /low feature with the switch in the rear control panel. (A minimum of seven lights are required for lighting compliance) Locate: (3) OVER COT, (3) OVER BENCH and (1) above the walkthrough. (Recommended) PL29P000 0 3 PREWIRE FOR FUTURE STREAMLIGHT INSTALLATION Prewire shall be provided as noted below for future installation of Streamlight charger bases. Quantity: 1 COIL 4' OF WIRE AND LABEL IN STREETSIDE REAR COMPARTMENT. 1 IN CHASSIS CAB BEHIND CAB CONSOLE 1 IN LOWER LINEN CABINET. !!! THIS IS TO BE PROTECTED BY A 20 AMP BREAKER. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 31 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 PM110000 0 1 LIGHT PROGRAMMING: brake light Lower red flashing lights to operate as brake lights when not in the warning mode. Configure: flashers to override brake light feature Note: feature to activate regardless of module disconnect status !!! WIRE TO THE OUTBOARD LIGHTS IN THE REAR LIGHTBAR. PSP00002 0 1 SPECIAL INSTRUCTION, ELECTRICAL POWER, PROGRAMMING !!! PROGRAM SECONDARY MODE FOR MANUAL ACTIVATION ONLY. PSP00003 0 1 SPECIAL INSTRUCTION, ELECTRICAL POWER, PROGRAMMING ! ! ! THE WORK LIGHT IN THE CEILING OF THE ELECTRONICS CABINET IS TO BE A THIN LIGHT #111 ILOS. PSP00004 0 1 SPECIAL INSTRUCTION, ELECTRICAL POWER, PROGRAMMING !!! STEPWELL LIGHT TO BE PAR 16 LED LIGHT ILOS. Q HEATING, AIR CONDITIONING AND INTERIOR ENVIRONMENT QH291000 0 1 CABINET MOUNTED HEAT /AC UNIT FOR SWIVEL ATTENDANT SEAT The vehicle heat /ac unit will be installed in the bottom of the linen cabinet instead of the attendant seat base. Requires vertical mounting of a custom combo unit. Unit will use (1) #10008973, 3 -ply filter. !!! INSTALL HEAT /AC UNIT IN CUSTOM CEILING MOUNTED CABINET PER DRAWING. !!! RELOCATE THE RELAY FOR THE HEAT /AC SYSTEM FROM INSIDE CONSOLE TO INSIDE THE ELECTRONICS CABINET. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 32 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 QH291200 0 1 HEAT /AC SYSTEM - COMPRESSOR & CONDENSOR, NAVISTAR, FACE Install a ProAir 12V heat /AC system, complete with compressor and condenser, for the Navistar 4300. Unit is to include 3 -ply replaceable carbon filters at the air intake point. This system shall not tap into the chassis OEM heat /AC system. Includes a top mounted condenser for DT466. Note: Compressor to be ordered with the chassis. Paint condenser to match body color _X Do not paint condenser to match body color Note: Painting of condenser is an additional cost. QH29MX00 0 1 MAX COOL II DUAL A/C UNIT Install a dual 12V air conditioning system as noted below. The second A/C unit shall be a ProAir 938. This system shall include a second evaporator and a 3 -fan condenser and shall be run off of the auxiliary A/C compressor. This system shall include a separate 'High /Low' function at the second unit. This second unit shall operate as A/C only. An accumulator is required for this installation. LOCATE: ABOVE FRONT WALL CABINET QH300000 0 1 ULTRAVIOLET LAMP IN A/C SYSTEM DUCT Install an ultraviolet light in the A/C air duct. ! ! ! INSTALL BEHIND THE INTAKE GRILLE. ! ! ! INSTALL THE LENS FROM A SMALL INDICATOR LIGHT IN THE SIDE OF THE AC DUCT ABOVE THE AISLE VENT SO IT IS IN LINE WITH THE LOCATION OF THE UV LIGHT INSIDE THE CABINET SO LIGHT WILL ILLUMINATE LENS WHEN UV LIGHT IS ON. QH310000 0 1 3 -PLY PANEL INTAKE FILTER Install a 3 -Ply Panel air intake filter ILOS. (1) 16.75" x 8.75" #10008973 for attendant seat base or above right front cabinet. (2) 13" x 18" #10009296 over #1 compartment or in bottom of linen cabinet. Filters will be behind stainless steel intake grills. QL43C000 0 2 PERKO POWER VENT Install a Perko power vent. Use existing ceiling plate and vent to outside of modular body. ! ! ! FORWARD VENT TO BE POWER INTAKE AND LOCATED ABOVE FRONT WALL CABINET, REAR TO BE POWER EXHAUST. INSTALL THE INTERIOR VENTS IN THE CLOSEOUT ABOVE THE INTERIOR CABINETS. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 33 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 QSP00001 0 1 SPECIAL INSTRUCTION, HEAT /AC & INTERIOR ENVIRONMENT !!! SUPPLY AND INSTALL A COLEMAN MACH 3 P. S. RV AIR CONDITIONER UNIT ON MODULE ROOF. ORDER WITH REMOTE MOUNT THERMOSTAT, NO HEAT STRIP. INSTALL A DIAMOND PLATE GUARD AROUND UNIT WITH PUNCHED LOUVERS FOR VENTILATION. WIRE TO GENERATOR AND SHORELINE. INSTALL THERMOSTAT IN INHALATION AREA. LITERATURE IN FILE. R CAB CONSOLE AND COMMUNICATIONS RJOlA000 1 1 ANTENNA COAX 1: An RG 58U coax shall be installed so that the ambulance conversion need not be disassembled. Exterior Termination: FRONT CENTER OF MODULE ROOF Interior Termination: BULKHEAD BEHIND DRIVER' SEAT WITH 4' SERVICE LOOP !!! INSTALL NMO ANTENNA MOUNT. RJ0113000 0 1 ANTENNA COAX 2: Install additional antenna coax and accesses. Exterior Termination: CENTER OF MODULE ROOF Interior Termination: BEHIND INHALATION PANEL RJ01 C000 0 1 ANTENNA COAX 3: Install additional antenna coax and accesses. Exterior Termination: REAR CENTER OF MODULE ROOF Interior Termination: FRONT RADIO CONSOLE ! ! ! INSTALL TEFLON CABLE FOR CELLULAR PHONE. RJ03MN00 0 1 ANTENNA: NMO type mount. Supply and install NMO type antenna base as designated. This option is less the antenna coax. An antenna coax option must be selected to be installed. Coax Number: J01A RJ040000 1 1 RADIO CABLE PULL WIRE A standard pull wire for radio installation shall be installed from behind the driver's seat to behind the inhalation panel. Wire is to run in a 3" conduit. ! ! ! INSTALL A LARGE RUBBER CONDUIT /BUSHING FROM THE SIDE OF THE RADIO CABINET BELOW THE ELECTRONICS TO THE FRONT BULKHEAD. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 34 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 RJ05B000 1 1 FRONT CONSOLE: A console shall be fabricated to coordinate with the interior cab color. Room shall be provided on the face of the console for installation of radio and siren controls. !!! REFER TO DRAWING FOR DETAILS. !!! CONSOLE TO HAVE ANGLED FACPLATE IN FRONT NEAR DASH. THE FRONT CONTROL PANEL IS TO BE INSTALLED IN THE FORWARD PORTION OF THIS FACEPLATE. INSTALL CHROME PUSH BUTTON AIR HORN SWITCH BELOW CONTROL PANEL THE REMAINDER OF CONSOLE TO BE HORIZONTAL INCLUDING A FACE PLATE FOR THE BATTERY SWITCH, A FACE PLATE FOR SIREN AND TRAFFIC ADVISOR HEADS, AND A SECOND SET OF GENERATOR CONTROLS. AT THE REAR OF CONSOLE TO BE (3) 4" WIDE MAP SLOTS. RJ06A000 0 1 RADIO HEAD PRE -CUT: front Cut out control console for radio head(s). Model #: INSTALL CUSTOMER SUPPLIED RADIO HEAD IN DASH BELOW OEM AM /FM RADIO RJ080000 1 5 RADIO POWER /GROUND: Install 6 gauge cable to positive and ground studs for radio power. Locate: (1) IN RADIO CABINET BELOW ELECTRONICS (SWITCHED) (1) BEHIND INHALATION PANEL (SWITCHED) (2) INSIDE CONSOLE, (1 HOT AND 1 IGNITION SWITCHED) ALSO INSTALL A 12V HOT MEMORY WIRE TO TERMINATE INSIDE THE RADIO CONSOLE. THIS CIRCUIT TO BE WIRED TO A 15 AMP BREAKER. RSP00001 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! PURCHASE AND INSTALL A DAVID CLARK 3800 INTERCOM SYSTEM. !!! INSTALL (2) HEADSET JACKS IN THE CAB WITH (2) #H3442 HEADSETS. LOCATE JACKS IN CAB CEILING BETWEEN SEATS. INSTALL HEADSET HOOKS ON BACK OF CAB OVER INBOARD SHOULDER OF EACH SEAT. PHOTOS IN ELECTRONIC FILE. !!! INSTALL (1) JACK IN THE INHALATION AREA FACING DOWN. !!! SYSTEM TO BE OPERATIONAL AT DELIVERY EXCEPT FOR RADIO INTERFACE. !!! MASTER CONTROL TO BE LOCATED IN OVERHEAD OEM CONSOLE. !!! QUOTE AND WIRING DIAGRAM IN FILE. T OXYGEN AND SUCTION TN020000 0 1 OXYGEN ACCESS: A clear Plexiglas for access to the so that it swings opening shall be dimension of the door shall be provided in the patient area wall oxygen cylinder valve. The door shall be hinged into the oxygen cylinder storage compartment. The trimmed with anodized aluminum edging. O.D. access is 7" wide x 11" high. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 35 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 TN030000 2 2 OXYGEN OUTLETS, STANDARD Two oxygen outlets shall be provided as standard and shall be located in the inhalation panel. TN03A000 0 2 OXYGEN OUTLET: additional Install additional oxygen outlet(s). Locate: WALL OVER HEAD OF BENCH AND CEILING OVER FOOT OF COT IN CENTER POSITION PER DRAWINGS. !!! INSTALL ADDITIONAL CEILING PLATE PER DRAWING. TN04A000 0 1 ADAPTER TYPE: Ohio Diamond II Oxygen outlets to be Ohio Diamond II. TN050000 1 2 FLOWMETER: Supply dial type flowmeter. TN060000 1 1 OXYGEN WRENCH: Install oxygen wrench in oxygen compartment. Mount secure so not left hanging. Mount with length of chain or cable so not removable. TN08B000 0 2 D BOTTLE MOUNT: single, 521 model Install a F.W. #521 oxygen bracket. Locate: SET UP FOR SUPER "D" CYLINDERS. SHIP LOOSE TN100000 1 1 VACUUM OUTLET: inhalation wall A single vacuum panel shall be installed in the inhalation area. The outlet shall be of the same style as the oxygen system and hooked to the onboard vacuum pump. TN11 B000 0 1 ASPIRATOR: SSCOR Install an SSCOR aspirator. The system shall include a #107CDC20 pump, #22000 wall mounted regulator, and a #23002 canister holder. Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 36 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 TSP00001 0 1 SPECIAL INSTRUCTION, OXYGEN & SUCTION !!! PROGRAM LOW 02 TANK PRESSURE ALARM FOR 300 PSI ACTIVATION. U LETTERING UP010000 0 1 LETTERING: Lettering to be included. Color: GOLD SCOTCHLITE WITH BLACK OUTLINE /SHADE Color: WHITE CC VINYL Color: BLACK CC VINYL. STYLE TO MATCH PREVIOUS VEHICLES. UP01CD00 0 1 LETTERING REQUIRED ON CAB DOORS Lettering shall be installed on the cab doors. This lettering shall meet the requirements listed below. !!! INSTALL CUSTOMER SUPPLIED LOGO ON EACH CAB DOOR. UP01CS00 0 1 LETTERING REQUIRED ON CURBSIDE OF BODY Lettering shall be installed on the curbside of the body. This lettering shall meet the requirements listed below. "CITY OF DELRAY BEACH" (6" gold letters, arched) "FIRE - RESCUE" (6" gold letters) "www.delrayfirerescue.com" (1" white cc letters) UP01 R000 0 1 LETTERING REQUIRED ON REAR OF VEHICLE Lettering shall be installed on the rear of the vehicle. This lettering shall meet the requirements listed below. "DELRAY BEACH" (6" gold letters top of doors) "FIRE RESCUE" (6" gold letters below windows) "PARAMEDICS" 5" gold letters bottom of doors) UP01SS00 0 1 LETTERING REQUIRED ON STREET SIDE OF BODY Lettering shall be installed on the street side of the body. This lettering shall meet the requirements listed below. "CITY OF DELRAY BEACH" (6" gold letters, arched) "FIRE - RESCUE" (6" gold letters) "www.delrayfirerescue.com" (1" white cc letters) Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 37 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 UP01ST00 0 1 LETTERING ON MODULE ROOF Lettering will be installed on the module roof per the information listed below. INSTALL 6" BLACK VINYL LETTERS ON MODULE ROOF TO READ: "DELRAY BEACH" UP03C000 0 88 6" SHADED SCOTCHLITE LETTERING UP06A000 0 21 3" NON SHADED VINYL LETTERING UP06C000 0 11 6" NON SHADED VINYL LETTERING UP08B000 0 2 STAR OF LIFE 12: (each) Install 12" star of life. Locate: REAR ENTRY DOOR WINDOWS. UP08D000 0 1 STAR OF LIFE 36: (each) Install 36" star of life. Locate: CENTER ON MOD ROOF UP180000 1 1 DOOR REFLECTORS Install 2" x 12" strips of red Scotchlite at the top of each entry door placed horizontally. UP200000 0 1 SPECIAL LETTERING: Instructions and /or description requiring special consideration. !!! INSTALL 1.00" MIRROR IMAGE WHITE VINYL LETTERS ON EACH FRONT CORNER POST TO BE VIEWED IN MIRROR TO READ: "CLEARANCE ? ?FT ? ?IN" ALSO INSTALL ACROSS THE TOP OF THE WINDSHIELD Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 38 of 40 CITY OF DELRAY BEACH Selected Feature List H 745 Y01 0 1 PRICE ADJUSTMENT: trade Trade in vehicle information and proposed value. Trade: Year: 2004 Chassis: INTERNATIONAL 470OLP Wheel Base: Conversion: MedTec AMBULANCE Mileage: 76,000 miles APPROX Value Given: $8,000 Z00 0 1 PRICE INCLUDES (2) INSPECTION TRIPS TO HORTON FOR UP TO(3) PEOPLE. Z02 0 1 Factory Pickup and Transportation Allowance for vehicle pickup, transportation and drivers fee. FOB: DELRAY BEACH, FL Z03 0 1 Dealer Prep. and Dealer Delivery Allowance for vehicle preparation and delivery. Z04 0 1 Fuel, Tags, Etc. Allowance for fuel, tags and administrative. Z06 0 1 STATE CONTRACT: This vehicle is subject to state contract pricing. Florida Sheriffs Association Contract 11 -10 -1202 112% fee Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 39 of 40 CITY OF DELRAY BEACH Selected Feature List 11745 Total Configured Cost Authorized Department Signature(s): $278,009.00 Hall -Mark Fire Tuesday, December 03, 2013 Close Michael Day 8:18:24 AM Rev 2 Page 40 of 40 INTERNATIONAL® Prepared For: HALL -MARK FIRE APPARATUS; DELRAY BEACH, FL MICHAEL DAY 3431 NW 27TH AVE OCALA, FL 34475- (352)629 - 6305 Reference ID: 4400 LP EXT. APPLICATION: MISSION: FUEL ECONOMY: DIMENSION: ENGINE, DIESEW TRANSM CLUTCI4 AXLE, AXLE,- I CAB: ; TIRE, F TIRE, SUSPE PAINT: December 02, 2013 Presented By: MAUDLIN INT'L. TRUCKS, I Sally Wilson 5221 WEST HIGHWAY 40 OCALA FL 34482 - (352)732 -8151 lCapacity , 190 Wheel Ends Gear Ratio: 4.63 e G, 14 ply range G, 14 ply ); 15,500 -lb Capacity, 5.3" Ride Height, With 1 Proposal: 11286 -01 INTERNATIONAL® Vehicle Specifications December 02, 2013 2015 4400 SBA LP 4X2 (MH035) Code Description F/R Wt Tot Wt (Ibs) (Ibs) MH03500 Base Chassis, Model 4400 SBA LP 4X2 with 205.00 Wheelbase, 111.90 CA, and 6437/2794 9231 75.00 Axle to Frame. 1570 TOW HOOK, FRONT (2) Frame Mounted 8/0 8 1CAA FRAME RAILS High Strength Low Alloy Steel (80,000 PSI Yield); 9.125' x 3.062" 58/235 293 x 0.312" (231.8mm x 77.8mm x 8.Omm) With Transition to 6.500" x 3.062" x 0.312" (165.1 mm x 77.8mm x 8.Omm) 388.4" (9864mm) Maximum CAL; For LP Chassis Notes : 6.50" Web Height in AF Section 1 LNN BUMPER, FRONT Full Width, Aerodynamic, Chrome Plated Steel; 0.142" Material 0/0 0 Thickness 1WEJ WHEELBASE RANGE 199" (505cm) Through and Including 254" (645cm) 0/0 0 2ARX AXLE, FRONT NON - DRIVING {Meritor MFS- 10 -143A} Wide Track, I -Beam Type, 41/0 41 10,000 -lb Capacity Notes : The following features should be considered when calculating Front GAWR: Front Axles; Front Suspension; Brake System; Brakes, Front Air Cam; Wheels; Tires. 3ADB SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 10,000 -lb Capacity; With 63/0 63 Shock Absorbers Includes : SPRING PINS Rubber Bushings, Maintenance -Free Notes : The following features should be considered when calculating Front GAWR: Front Axles; Front Suspension; Brake System; Brakes, Front Air Cam; Wheels; Tires. 4085 BRAKE SYSTEM, HYDRAULIC {Meritor Wabco} Split System, Full Power, With 0/0 0 Automatic Adjustment And With Four Channel ABS 4732 DRAIN VALVE {Berg} Manual; With Pull Chain, for Air Tank 1/0 1 Includes : DRAIN VALVE Mounted in Wet Tank 4EBT AIR DRYER {Bendix AD -IP} With Heater 0/0 0 Includes : AIR DRYER LOCATION Inside Left Rail, Back of Cab 4GAS BRAKE, PARKING {Bosch} DSSA Drum Type; 12" x 3 ", Spring Actuated; For 0/0 0 Hydraulic Brake Chassis With Air Source; Activated by Parking Brake Knob on Instrument Panel; Differential Mounted Includes : PARKING BRAKE CONTROL Applies Hydraulic Actuated Powered Park Brake 4JNP BRAKES, FRONT, HYDRAULIC DISC Quadraulic; four 70mm Diameter Pistons 0/0 0 4NNL BRAKES, REAR, HYDRAULIC DISC Quadraulic; four 70mm Diameter Pistons 0/0 0 4SBL AIR COMPRESSOR {Bendix Tu -Flo 550} 13.2 CFM Capacity; and Tank for Air 71/2 73 Source on Hydraulic Chassis 4VBC AIR DRYER LOCATION Mounted To Battery Box, Left side, Under Cab 0/0 0 5708 STEERING COLUMN Tilting 10/0 10 2 Proposal: 11286 -01 INTERNATIONAL® Vehicle Specifications 2015 4400 SBA LP 4X2 (MH035) Code Description 5CAN STEERING WHEEL 2- Spoke; 18" Diam., Black, Leather Wrapped 5PSM STEERING GEAR {Sheppard HD94} Power 6DAZ DRIVESHAFT {Dana Spicer} SPL140 in lieu of 1710 Series 7BHU EXHAUST SYSTEM Single, Horizontal, Aftertreatment Device Frame Mounted Right Side Back of Cab; Includes Vertical Tail Pipe & Guard Includes : EXHAUST HEIGHT 10' Exhaust Height - Based on Empty Chassis with Standard Components (+ or - 1" Height) : MUFFLER/TAIL PIPE GUARD Non - Bright Finish December 02, 2013 F/R Wt Tot Wt (Ibs) (Ibs) 1/0 1 39/ -2 37 -3/ -18 -21 42/77 119 8000 ELECTRICAL SYSTEM 12 -Volt, Standard Equipment 0/0 Includes BATTERY BOX Steel DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab FUSES, ELECTRICAL SAE Blade -Type HAZARD SWITCH Push On /Push Off, Located on Top of Steering Column Cover HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever HORN, ELECTRIC Single JUMP START STUD Located on Positive Terminal of Outermost Battery PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light STARTER SWITCH Electric, Key Operated STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector TURN SIGNAL SWITCH Self- Cancelling for Trucks, Manual Cancelling for Tractors, with Lane Change Feature : TURN SIGNALS, FRONT Includes Reflectors and Auxiliary Side Turn Signals, Solid State Flashers; Flush Mounted : WINDSHIELD WIPER SWITCH 2 -Speed with Wash and Intermittent Feature (5 Pre -Set Delays), Integral with Turn Signal Lever WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted WIRING, CHASSIS Color Coded and Continuously Numbered 8518 CIGAR LIGHTER Includes Ash Cup 1/0 8540 HORN, ELECTRIC (2) 2/0 8718 POWER SOURCE Cigar Type Receptacle without Plug and Cord 1/0 8GWY ALTERNATOR {Leece- Neville 14931 PAH} Brush Type, 12 Volt 320 Amp. 13/0 Capacity, Pad Mount 8HAB BODY BUILDER WIRING Back of Standard Cab at Left Frame or Under Extended 2/0 or Crew Cab at Left Frame; Includes Sealed Connectors for Tail /Amber Turn/ Marker/ Backup /Accessory Power /Ground and Sealed Connector for Stop /Turn 8MKX BATTERY SYSTEM {International} Maintenance -Free (3) 12 -Volt 2775CCA Total 46/12 8WCL HORN, AIR Black, Single Trumpet, Air Solenoid Operated 2/0 8WEE SWITCH, AIR HORN, PASSENGER Fire Truck Application; Momentary Switch 1/0 Located in Instrument Panel Close to Passenger, Driver Also To Activate Switch at Steering Wheel 8WCL WINDSHIELD WIPER SPD CONTROL Force Wipersto Slowest Intermittent Speed 0/0 When Park Brake Set and Wipers Left on for a Predetermined Time 8WPB HEADLIGHTS Halogen; Composite Aero Design for Two Light System; Includes 0/0 Daytime Running Lights 0 1 2 1 13 i 58 2 1 0 0 3 Proposal: 11286 -01 INTERNATIONAL® Vehicle Specifications December 02, 2013 2015 4400 SBA LP 4X2 (MH035) Code Description F/R Wt Tot Wt (Ibs) (Ibs) 8WPH CLEARANCE /MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush 0/0 0 Mounted on Cab or Sunshade 8WPZ TEST EXTERIOR LIGHTS Pre -Trip Inspection will Cycle all Exterior Lamps Except 0/0 0 Back -up Lights 8WRB HEADLIGHTS ON W/WIPERS Headlights Will Automatically Turn on if Windshield 0/0 0 Wipers are turned on 8WTK STARTING MOTOR {Delco Remy 38MT Type 300} 12 Volt; less Thermal Over- 0/0 0 Crank Protection 8WWJ INDICATOR, LOW COOLANT LEVEL With Audible Alarm 0/0 0 8XAH CIRCUIT BREAKERS Manual -Reset (Main Panel) SAE Type III With Trip 0/0 0 Indicators, Replaces All Fuses Except For 5 -Amp Fuses 9HAN INSULATION, UNDER HOOD for Sound Abatement 10/0 10 9HBM GRILLE Stationary, Chrome 5/0 5 9HBN INSULATION, SPLASH PANELS for Sound Abatement 2/0 2 9WAY FRONT END Tilting, Fiberglass, With Three Piece Construction 0/0 0 9WBT GRILLE EMBER SCREEN Mounted to Grille and Cowl Tray to Keep Hot Embers 0/0 0 out of Engine and HVAC Air Intake System 10060 PAINT SCHEMATIC, PT -1 Single Color, Design 100 0/0 0 Includes : PAINT SCHEMATIC ID LETTERS "GA" 10761 PAINT TYPE Base Coat/Clear Coat, 1 -2 Tone 0/0 0 10771 PAINT CLASS Single Custom Color 0/0 0 11001 CLUTCH Omit Item (Clutch & Control) - 65/ -10 -75 12NUT ENGINE, DIESEL {MaxxForce DT} EPA 10, 300 HP @ 2200 RPM, 860 lb -ft Torque 0/0 0 @ 1300 RPM, 2400 RPM Governed Speed Includes : AIR COMPRESSOR AIR SUPPLY LINE Naturally- Aspirated (Air Brake Chassis Only) : ANTI - FREEZE Red Shell Rotella Extended Life Coolant; -40 Degrees F/ -40 Degrees C; for MaxxForce Engines : COLD STARTING EQUIPMENT Intake Manifold Electric Grid Heater with Engine ECM Control CRUISE CONTROL Electronic; Controls Integral to Steering Wheel ENGINE OIL DRAIN PLUG Magnetic ENGINE SHUTDOWN Electric, Key Operated FUEL FILTER Included with Fuel/Water Separator FUEL/WATER SEPARATOR Fuel/Water Separator and Fuel Filter in a Single Assembly; With Water -in -Fuel Sensor; Engine Mounted GOVERNOR Electronic OIL FILTER, ENGINE Spin -On Type WET TYPE CYLINDER SLEEVES Notes : Recommend Code 12THT when using front mount obstructions (winches, cones, reels, etc.) that restrict air flow through the radiator. 4 Proposal: 11286 -01 INTERNATIONAL® Vehicle Specifications December 02, 2013 2015 4400 SBA LP 4X2 (MH035) Code Description F/R Wt Tot Wt (Ibs) (Ibs) 12THT FAN DRIVE {Horton Drivemaster} Direct Drive Type, Two Speed With Residual 25/0 25 Torque Device for Disengaged Fan Speed Includes : FAN Nylon Notes : Recommend Code 12THT when using front mount obstructions (winches, cones, reels, etc.) that restrict air flow through the radiator. 12UAU RADIATOR Aluminum; 2 -Row, Cross Flow, Over Under System, 1045 Sqln 13/ -1 12 Louvered, with 373 Sqln CAC, with 369 Sqln LTR, with In -Tank Transmission Oil Cooler Includes DEAERATION SYSTEM with Surge Tank HOSE CLAMPS, RADIATOR HOSES Gates Shrink Band Type; Thermoplastic Coolant Hose Clamps : RADIATOR HOSES Premium, Rubber 12UXG FEDERAL EMISSIONS for 2010; MaxxForce DT Engines 0/0 0 12VBR AIR CLEANER With Service Protection Element 0/0 0 Includes : GAUGE, AIR CLEANER RESTRICTION Air Cleaner Mounted 12VXT THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, 0/0 0 Variable Speed; Mounted on Steering Wheel 12VZA ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body 0/0 0 Builder Installation of PTO Controls; With Ignition Switch Control for MaxxForce post 2007 Emissions Electronic Engines 12WTA FAN DRIVE SPECIAL EFFECTS Fan Cooling Ring with Fan Shroud Effects, 0/0 0 Engine Mounted 12WZE EMISSION COMPLIANCE Federal, Does Not Comply With California Clean Air Idle 0/0 0 Regulations 12XAN OBD COMPLIANCE for 2013 OBD (On Board Diagnostics) 0/0 0 13AUK TRANSMISSION, AUTOMATIC {Allison 3000EVS_P} 5th Generation Controls; 202/29 231 Close Ratio, 6- Speed; With Double Overdrive, Includes Oil Level Sensor, With Provision for PTO, Less Retarder, With 80,000 -lb GVW & GCW Max. 13WBL TRANSMISSION SHIFT CONTROL {Allison} Push - Button Type; for Allison 3000 0/0 0 & 4000 Series Transmission 13WLP TRANSMISSION OIL Synthetic; 29 thru 42 Pints 0/0 0 13WUD ALLISON SPARE INPUT /OUTPUT for Emergency Vehicle Series (EVS); Rescue, 0/0 0 Ambulance 13WYL SHIFT CONTROL PARAMETERS Allison Performance Programming in Primary 0/0 0 and Allison Economy Programming in Secondary 14899 SUSPENSION AIR CONTROL VALVE Pressure Release Control In Cab 5/3 8 14AGE AXLE, REAR, SINGLE {Dana Spicer 17060S} Single Reduction, 17,500 -lb 0/13 13 Capacity, 190 Wheel Ends . Gear Ratio: 4.63 Includes : REAR AXLE DRAIN PLUG (1) Magnetic, For Single Rear Axle 5 Proposal: 11286 -01 INTERNATIONAL® Vehicle Specifications December 02, 2013 2015 4400 SBA LP 4X2 (MH035) Code Description F/R Wt Tot Wt (Ibs) (Ibs) Notes : The following features should be considered when calculating Rear GAWR: Rear Axles; Rear Suspension; Brake System; Brakes, Rear Air Cam; Brake Shoes, Rear; Special Rating, GAWR; Wheels; Tires. : When Specifying Axle Ratio, Check Performance Guidelines and TCAPE for Startability and Performance 14TBM SUSPENSION, REAR, AIR, SINGLE {International} Ride Optimized Suspension 0/ -12 -12 (IROS); 15,500 -lb Capacity, 5.3" Ride Height, With Shock Absorbers Notes : The following features should be considered when calculating Rear GAWR: Rear Axles; Rear Suspension; Brake System; Brakes, Rear Air Cam; Brake Shoes, Rear; Special Rating, GAWR; Wheels; Tires. 15LKG FUEL/WATER SEPARATOR with Thermostatic Fuel Temperature Controlled 5/0 5 Electric Heater, and Filter Restriction /Change Indicator, Includes Standard Equipment Water -in -Fuel Sensor 15SGK FUEL TANK Top Draw; D Style, Non Polished Aluminum, 50 U.S. Gal., 189 L 0/0 0 Capacity, 16" Deep, with Quick Connect Outlet, Mounted Right Side, Under Cab 16615 SEAT, REAR BENCH; Omit Item 0/0 0 16990 AIR CONDITIONER, PROVISION FOR Accommodation Package, for Air 29/ -2 27 Conditioning, Includes (1) SD7 Sanden Auxiliary Compressor in Secondary Compressor Position and Compressor Drive Effects for Vehicle With Primary Compressor Mounting 16CAB CAB Extended Conventional 158/52 210 Includes ARM REST (2) Molded Plastic; One Each Door CLEARANCE /MARKER LIGHTS (5) Flush Mounted COAT HOOK, CAB Located on Rear Wall, Centered Above Rear Window CUP HOLDERS Two Cup Holders, Located in Lower Center of Instrument Panel DOME LIGHT, CAB Rectangular, Door Activated and Push On -Off at Light Lens, Timed Theater Dimming, Integral to Console, Center Mounted GLASS, ALL WINDOWS Tinted GRAB HANDLE, CAB INTERIOR (1) "A" Pillar Mounted, Passenger Side GRAB HANDLE, CAB INTERIOR (2) Front of "B" Pillar Mounted, One Each Side INTERIOR SHEET METAL Upper Door (Above Window Ledge) Painted Exterior Color STEP (4) Two Steps Per Door WINDOWS, PRIVACY GLASS Rear Side Windows and Rear Window, Dark PrivaGuard Glass Notes : 26" CA Loss 16HBA GAUGE CLUSTER English With English Electronic Speedometer 0/0 Includes : GAUGE CLUSTER (5) Engine Oil Pressure (Electronic), Water Temperature (Electronic), Fuel (Electronic), Tachometer (Electronic), Voltmeter : ODOMETER DISPLAY, Miles, Trip Miles, Engine Hours, Trip Hours, Fault Code Readout : WARNING SYSTEM Low Fuel, Low Oil Pressure, High Engine Coolant Temp, and Low Battery Voltage (Visual and Audible) Proposal: 11286 -01 INTERNATIONAL® Vehicle Specifications December 02, 2013 2015 4400 SBA LP 4X2 (MH035) Code Description F/R Wt Tot Wt (Ibs) (Ibs) 16HCK SEATBELT WARNING PREWIRE Includes Seat Belt Switches and Seat Sensors 0/0 0 for all Belted Positions in the Cab and a Harness Routed to the Center of the Dash for the Aftermarket Installation of the Data Recorder and Seatbelt Indicator Systems, for 1 to 3 Seat Belts 16HGH GAUGE, OIL TEMP, ALLISON TRAN 1/0 1 16HHE GAUGE, AIR CLEANER RESTRICTION {Filter- Minder} With Black Bezel Mounted 2/0 2 in Instrument Panel 16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge 0/0 0 Cluster 16JNV SEAT, DRIVER {National 2000 }Air Suspension, High Back With Integral Headrest, - 15/ -10 -25 Cloth, Isolator, 1 Chamber Lumbar, 2 Position Front Cushion Adjust, -3 to +14 Degree Back Angle Adjust Includes : SEAT BELT 3- Point, Lap and Shoulder Belt Type 16RPX SEAT, PASSENGER {National} Air-Suspension, High Back With Integral Headrest, 57/23 80 Cloth, Isolated, 1 Chamber Lumbar, 2 Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment Includes : SEAT BELT 3- Point, Lap and Shoulder Belt Type 16SDU MIRRORS (2) {Lang Mekra} Styled; Rectangular, 7.09" x 15.75' & Integral Convex 8/0 8 Both Sides, 102" Inside Spacing, Breakaway Type, Heated Heads Thermostatically Controlled, Power Both Sides, Clearance Lights LED, Bright Finish Heads & Brackets 16VBW CAB MOUNTING HEIGHT EFFECTS Mid Cab in Lieu of Low Cab Mounting Height 0/35 35 (Approx. 4 ") for Increased Cooling System Requirements 16VBZ SEAT BELT All Red; 1 to 3 0/0 0 16WBY ARM REST, RIGHT, DRIVER SEAT 3/0 3 16WBZ ARM REST, LEFT, PASSENGER SEAT 3/0 3 16WCT AIR CONDITIONER {Blend - Air} With Integral Heater & Defroster 66/5 71 Includes HEATER HOSES Premium HOSE CLAMPS, HEATER HOSE Mubea Constant Tension Clamps REFRIGERANT Hydrofluorocarbon HFC -134A 16WJS INSTRUMENT PANEL Center Section, Flat Panel 0/0 0 16WJU WINDOW, POWER (2) And Power Door Locks, Left and Right Doors, Includes 5/0 5 Express Down Feature 16WKZ KEYLESS ENTRY SYSTEM REMOTE With Panic and Auxiliary Buttons, Includes 2/0 2 One Key Fob (Transmitter) 16WSE LOW WASHER FLUID INDICATOR 1/0 1 16WSK CAB REAR SUSPENSION Air Bag Type 0/0 0 16WSY CAB INTERIOR TRIM Premium; for Extended Cab 0/0 0 Includes : "A" PILLAR COVER Molded Plastic 7 Proposal: 11286 -01 INTERNATIONAL® Vehicle Specifications December 02, 2013 2015 4400 SBA LP 4X2 (MH035) Code Description F/R Wt Tot Wt (Ibs) (Ibs) : CAB INTERIOR TRIM PANELS Cloth Covered Molded Plastic, Full Height; All Exposed Interior Sheet Metal is Covered Except for the Following: with a Two -Man Passenger Seat or with a Full Bench Seat the Back Panel is Completely Void of Covering CAB SOUND INSULATION Includes Dash and Engine Cover Insulators CONSOLE, OVERHEAD Molded Plastic; With Dual Storage Pockets with Retainer Nets, CB Radio Pocket, Speakers, and Reading Lights COURTESY LIGHT (2) Mounted In Front Map Pocket Left and Right Side DOOR TRIM PANELS with Cloth Insert on Bolster Driver and Passenger Doors FLOOR COVERING Rubber, Black GAUGE, TEMPERATURE, AMBIENT Includes Wiring and Sensor With Display Unit Mounted in Cluster HEADLINER Soft Padded Cloth INSTRUMENT PANEL TRIM Molded Plastic with Black Center Section STORAGE POCKET, DOOR (2) Molded Plastic (Carpet Texture), Full- Length; Driver and Passenger Doors : SUN VISOR (3) Padded Vinyl: 2 Moveable (Front -to -Side) Primary Visors, Driver Side with Vanity Mirror and Toll Ticket Strap, plus 1 Auxiliary Visor (Front Only), Driver Side 27DMC WHEELS, FRONT DISC; 22.5' Polished Aluminum, 10 -Stud (285.75MM BC) Hub -208/0 -208 Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs Notes Aluminum Wheels not Painted or Coated Compatible Tire Sizes: 11 R22.5, 12R22.5, 255/70R22.5, 255/80R22.5, 265/75R22.5, 275/70R22.5, 275/80R22.5, 295/75R22.5, 295/80R22,5 28DMC WHEELS, REAR DUAL DISC; 22.5' Polished Aluminum, 10 -Stud (285.75MM BC) 0/163 163 Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs Notes Aluminum Wheels not Painted or Coated Compatible Tire Sizes: 11 R22.5, 12R22.5, 255/70R22.5, 255/80R22.5, 265/75R22.5, 275/70R22.5, 275/80R22.5, 295/75R22.5, 295/80R22,5 : Polished Surface Outside Dual Only 29580 WHEEL SEALS, FRONT {International} Oil- Lubricated Wheel Bearings 0/0 0 7652553253 (2) TIRE, FRONT 255/80R22.5 XZE (MICHELIN) 538 rev /mile, load range G, 14 42/0 42 ply 7652553253 (4) TIRE, REAR 255/80R22.5 XZE (MICHELIN) 538 rev /mile, load range G, 14 ply 0/84 84 Total Component Weight: 7192/3472 10664 HADLEY AIR HORNS MTD. ON HOOD 0/0 0 PING TANKS FOR AIR SUSPENSION 0/0 0 150 DAY TERMS TO BEGIN WHEN CHASSIS IS RECIEVED FROM THE BODY 0/0 0 COMPANY DUAL LEVEL VALVES 0/0 0 Total Goods Purchased: 0/0 0 The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be different from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. Proposal: 11286 -01 INTERNATIONAL® Financial Summary December 02, 2013 2015 4400 SBA LP 4X2 (MH035) (US DOLLAR) Description Price Net Sales Price: $82,903.00 Please feel free to contact me regarding these specifications should your interests or needs change. I am confident you will be pleased with the quality and service of an International vehicle. Approved by Seller: Official Title and Date Authorized Signature This proposal is not binding upon the seller without Seller's Authorized Signature Accepted by Purchaser: Firm or Business Name Authorized Signature and Date Official Title and Date The TOPS FET calculation is an estimate for reference purposes only. The seller or retailer is responsible for calculating and reporting /paying appropriate FET to the IRS. Proposal: 11286 -01 INTERNATIONAL® Turning Radius Summary December 02, 2013 2015 4400 SBA LP 4X2 (MH035) { _rR: : j w: : Series: 4000 Model: MH035 Description: 4400 SBA LP 4X2 Model Year: 2015 Calculation Factors Wheelbase: 205 Front Axle: 0002ARX Description: AXLE, FRONT NON - DRIVING, {Meritor MFS- 10 -143A} TW Wide Track, I -Beam Type, 10,000 -lb Capacity Front Wheel: 0027DMC Description: WHEELS, FRONT, DISC; 22.5" Polished Aluminum, 10 -Stud (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs Front Tire: 07652553253 Description: TIRES, 255/80R22.5 XZE (MICHELIN) 538 rev /mile, load A. range G, 14 ply Steering Gear: 0005PSM Description: STEERING GEAR, {Sheppard HD94} Power I.•i ' i [ I i I.. I .. Radius: I { Wan I i _rR: : j w: : Series: 4000 Model: MH035 Description: 4400 SBA LP 4X2 Model Year: 2015 Calculation Factors Wheelbase: 205 Front Axle: 0002ARX Description: AXLE, FRONT NON - DRIVING, {Meritor MFS- 10 -143A} TW Wide Track, I -Beam Type, 10,000 -lb Capacity Front Wheel: 0027DMC Description: WHEELS, FRONT, DISC; 22.5" Polished Aluminum, 10 -Stud (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs Front Tire: 07652553253 Description: TIRES, 255/80R22.5 XZE (MICHELIN) 538 rev /mile, load range G, 14 ply Steering Gear: 0005PSM Description: STEERING GEAR, {Sheppard HD94} Power Turnina Radius Statistics General Information - Curb Contact Length: Inside Turn Angle: 50 Degrees Radial Overhang: 19 Axle Information - Curb Clearance Radius: KingPin Inclination: 6.25 Degrees KingPin Center: 71.5 Turnina Radius - Curb View C - Curb Contact Length: 15.13 Cl - Curb Clearance Increment: 5.33 CR - Curb Clearance Radius: 29'2" CH - Curb Height: 6" TR - Turning Radius: 28'8" TW - Tire Width: 10.00 "All Measurements are in inches, unless otherwise specified. This information is based on engineering information available at this time. Actual figures may vary. Navistar, Inc. cannot accept liability for consequences due to this variance. 10 Proposal: 11286 -01 W) VIA J r �; i FIRE RESCUE VEHICLES & OTHER FLEET E(?UIPMENT Participating Law Enforcement, Fire /Rescue &, Local Governmental Agencies of the State of Florida Coordinated By The Florida Fire Chiefs' Association, Florida Sheriffs Association & Florida Association of Counties 5. Fs A:. A".. FLORIDA ASSUGINFIO I O COUNTIES All About Florida FLORIDA SHERIFFS ASSOCIATION P. O. Box 1.2519 • Tallahassee, FL 32317-25.19 PHONE (850) 877 -2165 o FAX (850) 878 -8635 NVEB SITE: www.flsheriffs.org DATE: January 1, 2012 TO: ALL PROSPECTIVE PARTICIPANTS FROM: Steve Casey Lynn Meek Peggy Goff Executive Director Vehicle Bid Coordinator Vehicle Contract Manager RE: PARTICIPATING LAW ENFORCEMENT, FIRE /RESCUE & LOCAL GOVERNMENTAL AGENCIES OF THE STATE OF FLORIDA COOPERATIVE BID FOR FIRE /RESCUE VEHICLES & OTHER FLEET EQUIPMENT Bid No. 11 -10 -1202 We are pleased to announce that the Florida Fire Chiefs' Association, the Florida Sheriffs Association and the Florida Association of Counties has successfully conducted its tenth statewide competitive bid for fire & rescue vehicles. Bids will be extended and guaranteed to any and all units of local governments /political subdivisions including but not limited to county, local county board of public instruction, municipalities and other Ioeal public or public safety agencies or authorities within the State of Florida. hl addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may be made under the terms and conditions of this contract by governmental entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under- this contract. This contract is effective January 1, 2 012 thin December 31, 2012. All interested parties who wish to purchase from this contract may do so by following these simple procedures: ORDERING INSTRUCTIONS 1. Contact the awarded manufacturer /dealer (see page 29) Iisted which you wish to purchase and advise them of your interest to purchase from the Fire Rescue Vehicles & Other Fleet Equipment Bid No. 11 -10 -1202. They will assist you with the placement of your order and answer any questions you may have regarding the vehicles purchased through this program. IMPORTANT NOTE: All agencies ordering any FORD, GENERAL MOTORS, or CHRYSLER product, please be advised that you must use the appropriate FIN CODE /FAN CODE for the Florida Sheriffs Association in order to obtain the manufacturer's concessions. Also, you must Bid Award Announcement (1I -10 -1202) 10 FLORIDA SHERIFFS ASSOCIA'T'ION P. O. Box 12519 * Tallahassee, FL 32317 -2519 PHONE (856) 877 -2165 9 fAx (8507) 878 -8665 WEB SITE; www.ftheriffs.org DATE: October 30, 2012 TO: PROSPECTIVE PURCHASING AGENCIES FROM: Peggy Goff Lynn Meer Vehicle Contract Manager Cooperative Bid Coordinator RE: Extension of Bid 11 -10 -1202 Fire Rescue Vehicles & Other Fleet Equipment The Florida Sheriffs Association will extend Bid 11 -10 -1202 through December 31, 2013. All terms and conditions will remain the same with the exception of the date. The Florida Sheriffs Association has allowed an increase of three percent (3 %) on the base price of the vehicles and all options offered through Bid 11 --10- 1202, as allowed in Part B, item thirteen (13). Due to the increase in chassis prices, this incrcase will be effective immediately. Purchase orders should start at the base price for the vehicle being purchased and show the allowed increase. The end user should request documentation from the manufacturers in order to substantiate the increase. We appreciate your loyalty and continued support. MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police THROUGH: Police Department DATE: November 8, 2013 SUBJECT: AGENDA ITEM 8.0.7 - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 CONTRACT AWARD /JANITORIAL SERVICES ITEM BEFORE COMMISSION City Commission is requested to award an annual janitorial services contract to OT Services, in the amount of $46,320.00 per year for the cleaning of the Police Department, in addition to other related services as needed. BACKGROUND The cleaning contract for the Police Department was awarded to Premier Building Services on March 14, 2013 as part of the complete City contract. Services were terminated with Premier Building Services on Friday, September 13, 2013 for the Police Department, due to their inability to adequately and /or properly clean the Police Department's facilities despite repeated requests to do so. On August 14, 2013 a mandatory pre -quote walk -thru was held. This included a complete tour of all buildings (Police Department main building, including the Temporary Holding Facility (THF), Gym and Firearms Range) to be serviced and the cleaning required for each area. On the requested due date of August 14, 2013 four (4) vendors responded to Request for Quotation #2012. Employees of OT Services who will be assigned to the Police Department have passed the background check. It should be noted that the Police Department has utilized OT Services for cleaning in the past. The facility is a 24/7 operation that requires appropriate cleaning seven (7) days a week due to the constant occupation of the building and the element of subjects who are in the facility, specifically the THF. Staff recommends awarding OT Services the contract. FUNDING SOURCE Funding is available from 001 - 2111 -521- 34.10. RECOMMENDATION Staff recommends approval of the award to OT Services, in the amount of $46,320.00 for annual janitorial services and other requested janitorial services for the Police Department, as listed in Quotation #2012. O d! O7 CL :a U to Q pap = a o ® © V 40 a c o c r_+ O M tp w I c `° Q m to © N � GD � V t9 tw c c C CD CL sa o (n o °u °o, to Q N to h oo � ) o `d 4- m O � w C W E r"n E CD o co uj T N co 6 � a. 00 Q. v ift o d! w o c ® - �_ LL 6? U yO C O O N O O B O o m C .d O O •V d r4' ui a; ,O a m 69 69 fq -p m N l0 C O �+ lU E w C LL ° -t7 c v .. (D �; E o to tO to M p G {� U c N a O CD W N Q d = V 0 5 Q O Terrizzi, Dawn From: Terrizzi, Dawn Sent: Wednesday, June 05, 2013 8:31 AM To: Nadal, Patsy Cc: Coleman, Michael; Sims, Javaro Subject: Cleaning Crew GM Patsy, Received several complaints this morning regarding cleaning crew. Front Desk advised trash cans in lobby not emptied. Captain Coleman advised his trash not emptied. Multiple complaints (me included) no vacuuming upstairs. 'hanks for your help. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph: 561 -243 -7853 Fx: 561 -243 -7816 Email: terrizzi@mydefraybeach.com M i Serving with P.R.I.D.E. '` Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, IDavvn From: Terrizzi, Dawn Sent: Thursday, June 06, 2013 9;15 AM To: Nadal, Patsy Cc: Gilbert, Clayton; Sims, Javaro Subject: Cleaning Crew Patty Rashkind advised cleaning crew not sweeping and/or mopping in Front Desk area. Also not vacuuming on a regular basis. Did not vacuum last night. Patty was here until 8:00 PM. Sal Arena noted that plaza substation not being cleaned. He believes substation to be cleaned 1x /week in contract. Please advise. Some bathrooms smell like urine. When done cleaning toilets, no evidence they were cleaned (le blue water, bleach /clean smell, etc.). I was in men's room by west door exit (changing soap) and there was a strong odor of urine. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph: 561 -243 -7853 Fx: 561 - 243 -7816 Email: terrizzi mvdelraybeach.com Serving with P.R.I.D.E. = `' "` Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn From: Terrizzi, Dawn Sent: Friday, June 07, 2013 2:50 PM To: 'roscoel @bellsouth.net' Cc: Nadal, Patsy; Sims, Javaro Subject, THE Hi Donna, As I have received multiple complaints, I'm emailing to ensure the THI° (Jail) will be thoroughly cleaned this evening. In particular (as pointed out to me) the toilets in cells #9 & 410 are filthy. I went Into the THE today and observed both of those toilets have a thick film around the inside of the bowl. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph: 561 - 243 -7853 Fx: 561 - 243 -7816 Email. terr€zzi(m?mydelraybeach.com Serving with P.R.I.D.E< ` ''" Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn From: Terrizzi, Dawn Sent: Tuesday, June 11, 2013 8 :49 AM To: 'roscoel @bellsouth.net' Cc: Nadal, Patsy; Sims, Javaro; Gilbert, Clayton; Mitchell, Thomas Subject: FW: Jail Good morning Donna, Per your email below, the only time the cells are not to be cleaned is when they are marked "Bio Hazard ". I explained that to Wesley last night as cell #9 was marked as such and another company would be cleaning that cell to restore it. Captain Mitchell and I walked Wesley through the THE (jail) and explained what was to be cleaned. We would not expose our personnel nor cleaning personnel to bio hazard conditions. The cells are to be cleaned. Dawn Terrizzi Administrative Assistant Support Services Division Defray Beach Police Department Ph: 561 -213 -7853 Fx: 561 -243 -7816 Email terrizzi@mydelraybeach.com Serving with P.R.t.D.E. Professionalism, Respect, Integrity, Diversity and Excellence From: Nadal, Patsy Sent: Tuesday, June 11, 2013 8:00 AM To: Terrizzi, Dawn Subject: FW: Jail From: DONNA GREENSPAN [mallto:roscoelPbellsouth.nek] Sent: Monday, June 10, 2013 7 :42 PM To: Nadal, Patsy Subject: Jail Patsy, I just talked with Gregory Williams. He is one of my managers and lie setup the cleaning crew at the Police Station during the first few weeks of our contract. He tnet wit Oxy on two occasions. When they did the walk through of the jail, Oxy told him that we are NEVER to clean the cells. She said that due to bodily fluids such as blood and vomit, there was a different company (Hazmat approved) to clean those areas. Oxy also said that these items were disposed of in special containers, it was not put into the regular trash. Can you please check into this for us. I know that we do not clean the cells at the Davie Police Station, for the same reasons indicated above. Gregory said that the Captain, whose office is next to Oxy's office, was on the walk - through. If you need to speak with Gregory let nne Know and I can give you his phone number or setup a meeting. I just want to keep everyone safe and healthy. Thanks, Donna Premiere Building Services Donna Greenspan 305 - 401 -0691 305 -682 -8867 (Pax) Terrizzi, Dawn From: 5apino, Gene Sent: Monday, June 24, 2013 3:32 PM To: Terrizzi, Dawn Cc: Rubin, Toby; Coleman, Michael Subject: interview rooms Please confirm the cleaning crew is cleaning the interview rooms. It appears the floors have not been vacuumed in some time. Thanks in advance ierrizzi, Dawn From: Terrizzi, Dawn Sent: Thursday, June 27, 2013 12:33 PM To: Nadal, Patsy Cc: Sims, Javaro; Gilbert, Clayton; Heysier, Tina Subject: Ladies` Room 2nd Floor Assistant Chief Heysler advised the ladies' room on 2°, floor (across from where she and I sit) is dirty and needs to be cleaned. Dawn ierrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph; 561 -243 -7853 Ex: 561- 243 -7816 Email: terrizzi rnydelraybeach,com = Se Serving with P.R.I.D.E. `` Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn From: Terrizzi, Dawn Sent: Thursday, June 27, 2013 2:06 PM To: roscoel ftellsouth.net Cc: Nadal, Patsy; Gilbert, Clayton; Sims, Javaro Subject: PD Gun Range Donna, I just returned from visiting the Gun Range as an employee commented that it is very dirty. It is very dirty. Please ensure that the cleaning crew is able to address this. They will need to be let in to the gun range by the Duty Lieutenant. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph: 561 - 243 -7853 l=x: 561 - 2437816 Email: terrizzi@mydeiraybeach.com Serving with P.R.I.D.E. `'- Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn From: Saunders, Rachel Sent: Sunday, June 30, 2013 1:30 AM To: Terrizzi, Dawn Subject: Men's Gym bathroom I was informed that the men's gym bathroom as urine all over the toilet and it smells. Terrizzi, Dawn From: Terrizzi, Dawn Sent: Monday, July 08, 2013 12:18 PM To: roscoel @bellsouth.net Cc: Nadal, Patsy; Sims, Javaro; Gilbert, Clayton Subject: Substation Donna, Upon returning from vacation, I had a voice mail message from the Duty Lieutenant advising Wesley was looking for a key to get into the substation, Previously we had agreed that Wesley would go to Dispatch for call them @ 243 -7800) to request an officer meet them there wlthe key. They would then be able to let themselves out via the self- locking double door. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph: 561 - 243 -7853 Px; 561 -243 -7816 Email: terrizzia- mydeiraybeach.com Serving with P.R.I.D.E. °` "" Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn Prom: 'Terrizzi, Dawn Sent: Thursday, July 25, 2013 12:59 PM To: Nadal, Patsy Cc: Gilbert, Clayton; Sims, Javaro Subject: PD Stairwells PD stairwells are filthy and have been for quite some time. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph; 561 -243 -7853 Fx: 561 -243 -7816 Email: terrizzi m delra beach.com Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn From: Otting, Kathleen Sent: Monday, August 05, 2013 7:49 AM To; Terrizzi, Dawn Subject: Lobby Windows Dawn, Could you have the cleaning crew clean the front door widows. They're pretty bad. Thx, Terrizzi, Dawn From: Nadal, Patsy Sent: Tuesday, August 06, 2013 2 :16 PM To: 'Donna' Subject: Cleaning - Police Department Yes, please clean tonight. Also as far as the extras requested for last night, the front counter windows were not cleaned. Also as you stated your staff did not clean on August 5, 2013, please deduct one day from your monthly billing for the month of August. * What's going on at the Police Station? The Police department will be inspected for the next three days for accreditation by the State. For this inspection the PD wanted to have additional cleaning to bring the building up to standards, which in many areas your staff has not been up to par in detailed cleaning or some contracted duties. The building was in dire need of a detailed cleaning in order to past this inspection. It is unfortunate that the PD feel that they must hire an addition cleaning service especially since you have the current contract and your staff has not completely met the contract standards. - - - -- Original Message---- - From: Donna fmaiito :roscoe10 bells outh.net] Sent: Tuesday, August 06, 2013 12.25 PM To: Terrizzi, Dawn Cc: Nadal, Patsy Subject: Cleaning Dawn, Do you want us to clean tonight? Donna Donna Greenspan Premiere Building Services 306- 401 -0691 Terrizzi, Dawn Donna, You can disregard filling the soap & sanitizer, I did it myself. Please advise when the cleaning crew cleans the substation. It is dirty and the garbage can in restroom is filled to the top. Dawn Frorn: Donna [ mailto.roscoeICabell south .net] Sent: Monday, August 12, 2013 8:13 AM To: Terrizzi, Dawn Cc: Nadal, Patsy Subject: Re: soap needed! We will full hand soap dispenser if it is in working order. Hand sanitizer we do not supply. Donna Greenspan Premiere Building Services 305- 401 -0691 On Aug 12, 2013, at 6:54 AM, "Terrizzi, Dawn" <TERRIZZICtmydelraVbeach,com> wrote: Donna, Please let cleaning crew know. Dawn From: Gallina, Gina Sent: Sunday, August 11, 2013 5:30 PM To: Terrizzi, Dawn Subject: soap needed! Hi Dawn, We need soap and hand sanitizer in the Sub Station bathroom I Thanks. Ofc. G. Gallina 4881 Community Patrol Delray Beach Police Department 1 Terrizzi, Dawn From: Terrizzi, Dawn Sent: Friday, August 30, 2013 7:45 AM To: roscoel @bellsouth.net Cc: Nadal, Patsy Subject: Trash Donna, None of the trash cans (full of trash) left in the hallways near the Jail and VIN were emptied last night, nor was the one in the jail. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph: 561 -243 -7853 Fx: 561-243-7816 Email: terrizzi@mydeiraybeach.com Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn From: Terrizzi, Dawn Sent: Friday, September 06, 2013 2,22 PM To: 'Donna' Cc: Nadal, Patsy Subject: RE: Paper Towels Donna, Please do not have your crew start taking out partial rolls of paper towels unless it is almost to the end. The point of my email informing you that towel dispenser was empty was that if the toilet liners in the same bathroom had already remained empty for a week, I did not want the paper towel dispenser to remain empty for a week also. I do not understand how, if the bathroom is cleaned daily, no one noticed for an entire week that the toilet liner box was empty. In the same female bathroom, on the counter, were two stacks of c -fold towels. In the late afternoon, I had put a small stack in thereto last until the dispenser was refilled by your crew that evening. If it was your crew who put more c -folds in there, please do not have them start this practice. The paper towel dispenser replaced the c -fold towels, We do not require bath in the bathrooms as it is not cost effective. When in the jail this morning, I observed a brand new roll of paper towels for a dispenser on the floor (near the toilet no less) in the bathroom located near the fingerprinting area. I found this disturbing because first of all it is unsanitary and secondly that type of dispenser is not in that bathroom. I was in the jail frequently yesterday (due to the toilet situation) and did not observe a paper towel roll there as late as 3PM, Today, in Communications, I found another full roll of paper towels on the kitchen table. As a rule, a spare roll is kept under the kitchen sink (which was there). Again, please advise your crew not to leave spare supplies around. These items are to be kept in the janitorial closet on the 1" and/or 2 "d floors. (Another partial roll of paper towels was also found in the I$t floor lunch room today.) Today, in the janitorial closet on the 2 "d floor, I found a chair with a "Trash" sign on it. This should have been taken out to the dumpster last night; not left in the closet. I was in the closet prior to leaving work yesterday and the chair was not there. Additionally, your crew has begun leaving some type of floor buffer in that closet. It is not a problem for them to leave it in the closet, but they need to leave it to the left of where it is as they are blocking the shelving where supplies are kept. I have moved it every day in order to access the shelf, yet they keep putting it back in the same place) Thank you for your attention to these matters. Dawn From: Donna [mailto,roscoelObellsouth .net] Sent; Thursday, September 05, 2013 3:47 PM To: Terrizzi, Dawn Subject: Re: Paper Towels Dawn, in the future we will take out partial rolls and replace them with a full roll so thatyou do not run out during the day. Donna Donna Greenspan Premiere Building Services 305 - 401 -0691 On Sep 5, 2013, at 3 :28 PM, "Terrizzi, Dawn" <7ERRIZZ1@rnyde1raybeach.com> wrote: Paper towel dispenser is empty in same female bathroom as was missing toilet liners previous night. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph: 561- 243 -7853 Fx: 561 - 243 -7816 Email, terrizzi2mydelraybeach.com <1mage003.Jpg' Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn From: Heysler, Tina Sent: Friday, September 06, 2013 4,27 PM To: 'Donna' Cc: Nadal, Patsy; Sims, Javaro; Terrizzi, Dawn Subject: RE: Paper Towels Donna, Patsy Nadal oversees contracts /purchases for the city. She is not at work today. I will speak with her on Monday, review our current contract with Premier and get back to you. Assistant Chief of Police Support Services Bureau Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444 L v (561) 243 -7889 heysier mydelraybeach.com or www.mydelraybeach.com A.O.C. #124 Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence From: Donna [mailto:roscoei @bellsouth.net] Sent; Friday, September 06, 2013 4:24 PM To: Heysler, Tina Cc: Nadal, Patsy Subject: Re: Paper Towels If you want to tell me exactly what you feel is not being accomplished according to out con%•act I will gladly remedy the situation. If you would life to meet with my Manager I can set that up next week. Any discrepancies can be corrected immediately if I know exactly where and when they have occurred. Donna Greenspan Premiere Building Services 305- 401 -0691 On Sep 6, 2013, at 3 :43 PM, "Heysler, Tina" <HEYSLER @mydelraybeach.coin> wrote: Donna, Thank you for the response and explanation. Please feel free to contact me should there be any further questions or concerns regarding our existing agreement. <image007Jpg > <image008Jpg> Thta X"p&A A.O.C. #124 Assistant Chief of Police Support Services Bureau Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444 (561) 243 -7889 heysler @mydelraybeach.com or www.myde €raybeach,com Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence Frorn: DONNA GREENSPAN [rnailto,roscoei bellsouth.net] Sent: Friday, September 06, 2013 3:39 PM To: Heysler, Tina Cc: Nadal, Patsy Subject: Re: Paper Towels Ms fleysler, I am soi y you are displeased with our services. Please let me know what incorrect claims I have trade regarding our contract. I do not Imow what requirements were in the old contract, but I do know what are in mitre. We tried to please Dawn last night by leaving extra towels in the restroom so that they do not run out during the day. My mistake, I was only trying to help, As for furniture we are not responsible for throwing that out. Only trash. The other issue I believe was removing recycle cans to the curb once a week and returning them the next day. This is NOT in our contract. Our contract states that we remove trash from trash cans and recycle bins 5 day a week and deposit those items in the designated dumpster outside. I have walked through the building many times and have found the building to be cleaned according to the contract. Sometime my people do make mistakes, as I am sure we all do, but those items are taken care of the next day. I have also sent my Manager over the building to meet with Dawn and walls the building. Items that she pointed out have been corrected according to our contractual obligations, We do not move items from desks, etc, to dust and we do not dust any equipment such as computers faxes, telephones, etc. This is a liability issue. Complaint about the Substation on Monday mornings are not consistent with our cleaning schedule. We only clean on Tuesday and Thursday. Also, The Gun Range is not included in this contract, I have been willing to give a fair price to include these items, but I guess you have made other arrangements. Have a Great Weekend, Ms. Greenspan Premiere Building Services Donna Greenspan 305- 401 -0691 305 -682 -8867 (Fax) From: "Heysler, Tina" <HEYSLER m delra beach,com> To: "'roscoelObellsouth.net "' <roscoel(abellsouth._nel> Cc: "Nadal, Patsy" <Nadai @mydelraybeach.com >; "Sims, Javaro" <Sims(drnydelraybeach.com >; "Terrizzi, Dawn" <TERRIZZIO- mydelraybeach:com> Sent: Friday, September 6, 2013 3:21 PM Subject: RE: Paper Towels Ms. Greenspan, The requests documented and forwarded to you by Ms. Terrizzi have been our practice for a number of years. Until now we have not experienced any issues. Police personnel do not have access to paper products or any cleaning items so I find it unlikely that a Police employee left paper towels randomly in various areas of the building. Many of your previous claims that certain responsibilities were not outlined in our contract were proven to be incolTCet. Ms. Terrizzi has only questioned tasks /duties which have traditionally been within the scope of our Cleaning Service's responsibilities. We arc currently in the process of selecting a replacement for your Company. For the remainder of your tenure with the Delray Beach Police Department, I request that you direct all correspondence to me. I would further invite you to conduct a walk through inspection of our facility. I believe once you observe the decline in cleanliness since contracting with Premier Services you will understand our frustration. Thank you, <image005.jpg > <image006 jpg>A.O.C. Tina Heysler #I2A Assistant Chief of Police Support Services Bureau Delray Beach Police Iepartrnent 300 West Atlantic Avenue Delray Beach, Florida 33444 (561) 243 -7889 heysler o tnydelraybeach.coin or www.nl delra ybeach.com Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence From: Terrizzi, Dawn Stet: Friday, September 05, 2013 2:45 PM To: Heysler, Tina; Sims, Javaro Subject: FW: Paper Towels From: Donna [maiito:roscoel bellsouth,net] Sent: Friday, September 06, 2013 2:43 PM To: Terrizzi, Dawn Cc: Nadal, Patsy Subject: Re: Paper Towels Dawn, If you want the towels to be almost empty before we replace them then by late morning you will be without towels. If that is the case than I am not responsible for restrooms not having towels. We don't put towels on kitchen tables or jail counters. You need to check with others in the building. I will throw out the chair but we are not responsible for throwing out furniture. Donna Greenspan Premiere Building Services 305- 401 -0691 On Sep 6, 2013, at 2:21 PM, "Terrizzi, Dawn" <TERRIZZI m delra beach.com> wrote: Donna, Please do not have your crew start taking out partial rolls of paper towels unless it is almost to the end. The point of my email informing you that towel dispenser was empty was that if the toilet liners in the same bathroorn had already remained empty for a week, I did not want the paper towel dispenser to remain empty for a week also. I do not understand how, if the bathroom is cleaned daily, no one noticed for an entire week that the toilet liner box was empty. In the same female bathroom, on the counter, were two stacks of c -fold towels. In the late afternoon, I had put a small stack in there to last until the dispenser was refilled by your crew that evening. If it was your crew who put more c -folds in there, please do not have them start this practice. The paper towel dispenser replaced the c -fold towels. We do not require both in the bathrooms as it is not cost effective. When in the jail this morning, I observed a brand new roll of paper towels for a dispenser on the floor (near the toilet no less) in the bathroom located near the fingerprinting area. I found this disturbing because first of all it is unsanitary and secondly that type of dispenser is not in that bathroom. I was in the jail frequently yesterday (due to the toilet situation) and did not observe a paper towel roll there as late as 3PM. Today, in Communications, I found another full roll of paper towels on the kitchen table. As a rule, a spare roll is kept under the kitchen sink (which was there). Again, please advise your crew not to leave spare supplies around. These items are to be kept in the janitorial closet on the I" and /or 2nd floors. (Another partial roll of paper towels was also found in the I" floor lunch room today.) Today, in the janitorial closet on the 2" d floor, I found a chair with a "Trash" sign on it. This should have been taken out to the dumpster last night; not left in the closet. I was in the closet prior to leaving work yesterday and the chair was not there. Additionally, your crew has begun leaving some type of floor buffer in that closet. It is not a problem for them to leave it in the closet, but they need to leave it to the left: of where it is as they are blocking the shelving where supplies are kept. I have moved it every day in order to access the shelf, yet they keep putting it back in the same place! Thank you for your attention to these matters. Dawn From: Donna linailtwroscoet@bellsouthmetI Sent: Thursday, September 05, 2013 3:47 PM To: Terrizzi, Dawn Subject: Re: Paper Towels Dawn, In the future we will take out partial rolls and replace them with a full roll so that you do not run out during the day. Donna Doruia Greenspan Premiere Building Services 305- 401 -0591 On Sep 5, 2013, at 3:28 PM, "Terrizzi, Dawn" <rERRIZZI@m, d�ybeach,com> wrote: Paper towel dispenser is empty in same female bathroom as was missing toilet liners previous night. Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach police Department Ph: 561- 243 -7853 Fx: 561- 2437816 Email: terrizzi@—mydeJr4ybcach.com <hage003jpg> Serving with P.RJAE. Professionalism, Respect, Integrity, Diversity and Excellence Terrizzi, Dawn From: Terrizzi, Dawn Sent: Thursday, September 12, 2013 1:00 PM To: roscoel @bellsouth.net Cc: Nadal, Patsy; Heysler, Tina; Sims, Javaro Subject: Delray PD Gym Donna, Please ask cleaning crew to ensure they clean the gym tonight. I've received complaints that it is "filthy". Dawn Terrizzi Administrative Assistant Support Services Division Delray Beach Police Department Ph; 561 - 243 -7853 Fx: 561-243-7816 Email: terrizzi@mvdeiraybeach.com Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: December 3, 2013 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 WAIVER REQUESTS/UPTOWN DELRAY ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of waivers from the following Land Development Regulations associated with the Class V site plan for the Uptown Delray project: 1. A waiver to LDR Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet for ground floors and a minimum height of 9 feet for all other floors. 2. A waiver to LDR Section 4.6.18(13)(14)(iv)(2), which requires that 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. 3. A waiver to LDR Section 4.6.18(13)(14)(vi)(4)(b), which requires that a minimum 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. BACKGROUND At its meeting of November 13, 2013, the SPRAB (Site Plan Review and Appearance Board) approved the Class V site plan, landscape plan, and architectural elevations for the construction of a mixed -use residential/retail project. The property is located on the north side of SE 2nd Street, between SE 5th Avenue and SE 4th Avenue. The SPRAB considered the waivers and recommended approval. 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. Floor Height: Per LDR Section 4.4.13(F)(1)(c), floor height shall be a minimum of ten feet (10') for ground floors and a minimum height of nine feet (9') for all other floors. All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. The ground floor heights of the lofts are 8 feet 2 inches and the 2nd floor heights are 8 feet. The applicant has requested a waiver from the floor height requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...This waiver is requested to allow for the unique design of the two -story loft style apartment units which have internally varying floor heights as an intended aesthetic. The main living areas will have ceiling heights exceeding the minimum 10 feet requirement by providing a ceiling height of 16 feet 8 inches. It is only the bedroom on the first floor and the bedroom on the second floor which request a reduction in the minimum ceiling height, not the main living space. This wavier will allow for a cutting - edge and highly desirable unit type to be added to the Uptown Delray project. As the ceiling height reduction will only be internal to the bedrooms in the loft style units themselves, approval of this waiver will not adversely affect the neighboring area... " Waiver Analysis: The City has experienced no similar requests to reduce the floor heights. Given the mezzanine design of these two -story units, the majority of the unit complies with the height requirement (16.67 feet proposed). The reduction is only for the bedroom quarters. The applicant is correct that a waiver will allow the introduction of a unique dwelling option in the downtown area. It appears that the 10 -foot ground floor height requirement may have been more geared toward non - residential uses in order to provide a higher quality of retail and office users in the downtown area. If supported, the subject waiver would set the standard for similar residential designs. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Window Area: Per LDR Section 4.6.18(13)(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. The development proposal provides a transparency of 52 %. The applicant has submitted a waiver request from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The developer is seeking a reduction in the 75% transparency /glass surface area requirement for ground floor commercial tenant spaces due to the proposed 18 feet high ceilings in the commercial component of the Uptown Delray project. To the extent the ground floor wall area far exceeds the minimum code requirement, the intent of the code in providing 52% transparency /glass surface area remains met - to provide pedestrian friendly streetscape and proposed levels of transparency that otherwise satisfy the spirit of this requirement. Therefore, approval of this waiver will not adversely affect the neighboring area. Further, if we were to design the storefront using the standard 10 foot high ceiling, our glass transparency would be at 86.2 %. " Waiver Anal The purpose of this requirement is to ensure that the relationship between the pedestrian and the businesses along the street is maintained. While the proposed development does not provide the minimum transparency as required, it does appear that sufficient window area has been provided to ensure that pedestrians will not notice the reduction and that "window shopping" will be maintained. The applicant has indicated that if the floor height was decreased to 12 feet and kept the height of the glass 11 feet 2 inches, a window transparency of 75.4% would be achieved. Further, the fenestration would increase to 86.2% if the standard 10 -foot ceilings were designed for the ground floor retail space. It is noted that the City has approved similar waivers such as the 5th Avenue at Delray project. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Garage Fagade: Per LDR Section 4.6.18(B)(14)(vi)(4)(b), a minimum 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. The garage along SE 4th Avenue does not provide the required window display or active use area. The applicant has submitted a waiver request from this requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The parking garage design for Uptown Delray has been buffered by `ghosting" a portion of the garage with the two -story loft style units. This covers more than 50% of the length of the garage along the streetscape as viewed from SE 41h Avenue. The portion of the garage that is visible from SE 4th Avenue has the same architectural features as the buffered portion of the garage, by mirroring the look and feel of the two -story loft style units. This overall design makes the garage blend into the elevation, making the garage not look like a parking garage but rather like the loft style units themselves. In addition, the site plan has been specifically designed so that the garage itself faces the AT &T building (not Federal Highway). The Central Business District design guidelines require that all buildings be placed in close proximity to rights of way to encourage pedestrian eye contact, and to foster a uniform streetscape. By designing the garage with the look and feel of residential units, the City's desire and intent has been met. Therefore, approval of this waiver will not adversely affect the neighboring area but rather, will further add to its complimentary nature... " Waiver Analysis: The intent of this requirement is to maintain a pedestrian friendly environment to encourage pedestrians to continue past a garage while continuing their "downtown" experience. The vision is to prevent that dead -spot in the urban fabric that might lead to pedestrians simply turning around and retracing their steps. The applicant's justification misses the point of this urban continuity by indicating that the garage blends with the residential character of other parts of the building. The proposed design does not encourage visitors to proceed along this street for more shopping /sight- seeing experiences. If anything, the proposed design will give the impression to the casual shopper that you have left the downtown area and there is nothing left to see. It is staff's opinion that the stronger argument for supporting the waiver is that once you have reached this point of the downtown area the shopping opportunities and energy level have essentially been exhausted from this street. The AT &T building on the west side of the road is a complete barrier to extending those opportunities. Further, the subject property is indeed on the edge of the downtown area. The next property to the south is zoned multiple family, thus, there is no need to encourage the casual shopper to proceed further to the south since there is no connection to more commercial opportunities. Given the property's geographic location on the periphery of the downtown, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. RECOMMENDATION 1. Approve a waiver to LDR Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet for ground floors (8 feet 2 inches feet proposed) and a minimum height of 9 feet for all other floors (8 feet proposed for the second floor), based on positive findings with LDR Section 2.4.7(B)(5). 2. Approve a waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use building shall be a minimum of 75% of the wall area for that elevation where 52% is proposed, based on positive findings with LDR Section 2.4.7(B)(5). 3. Approve a waiver to LDR Section 4.6.18(B)(14)(iv)(4)(b), which requires that 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. 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 UPTOWN DELRAY AT THE NORTHEAST CORNER OF SE 4TH AVENUE AND SE 2ND STREET 1. These waiver requests came before the City Commission on December 10, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Uptown Delray at the northeast corner of SE 4th Avenue and SE 2nd Street. 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)(1)(c) Pursuant to LDR Section 4.4.13(F)(1)(c), floor height shall be a minimum height of ten feet (10') for ground floors and a minimum height of nine feet (9') for all other floors. The applicant is asking for a waiver to allow a floor height of eight feet two inches (8'2 ") in the bedroom areas on the ground floor (10' is required) and a floor height of eight feet (8') in the bedroom areas on the second floor (9' is required). Should the waiver to Section 4.4.13(F)(1)(c) be granted? Yes No 1 B. 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 %). The applicant is asking for a waiver to allow a minimum transparency of fifty -two percent (52 %). Should the waiver to Section 4.6.18(B)(14)(iv)(2) be granted? Yes No C. Waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) Pursuant to LDR Section 4.6.18(B)(14)(vi)(4)(b), a minimum fifty percent (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. The applicant is asking for a waiver to allow the garage along SE 4th Avenue to not have the required window display or active use area. Should the waiver to Section 4.6.18(B)(14)(vi)(4)(b) be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 5. Based on the entire record before it, the City Commission approves denies the waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 10th of December 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 3 Cary D. Glickstein, Mayor SITE PLAN REVIEW AND APPEARANCE D CITY OF DELRAY BEACW • MEETING DATE: November 13, 2013 AGENDA ITEM: V.A. ITEM: Uptown Delray — Class V Site Plan, Landscape Plan, Architectural Elevations and Waiver Approvals Associated With The Construction Of A Mixed Use Project That Contains 146 Dwelling Units and 3,529 Square Feet of Retail /Office Floor Area. GENERAL DATA: Applicant ................... NCC Development Agent ............................ Weiner, Lynne & Thompson, P,A. Location .................. Between SE 5t" Avenue (Federal Highway) and SE 4th Avenue on the north side of SE 2nd Street. Property Size ................ 2.10 Acres Future Land Use Map... Commercial Core Current Zoning .............. CBD (Central Business District) Adjacent Zoning..North: CBD East: CBD South: CBD & RM (Multiple Family Residential) West: CBD Existing Land Use......... AT &T parking lot, vacant, and an office building Proposed Land Use...... Construction of a mixed use development with 146 dwelling units and 3,529 square feet of retailfoffice floor area. Water Service ............... Existing on site. Sewer Service ............... Existing on site. ilk 11N1 I�Ni� � � �i INN NNN . i. V.A. The action before the Board is approval of a Class V site plan request for Uptown Delray pursuant to LDR Section 2,4.5(F). The request involves the following elements: O Site Plan; O Architectural Elevations; O Landscape Plan; and O Waivers. The project is located between SE 5th Avenue and SE 4th Avenue, along the north side of SE 2nd Street (approximately 2. 10 acres). e » B{ACKGROUND ; The project area consists of Lots 4 through 10 and Lots 17 through 20 Block 102 of the Town of Delray subdivision. The property contains a parking lot that was constructed for the Bellsouth Telecommunication building at the northwest corner of SE 4 1 Avenue and SE 2nd Street. The property also contains an office building at the northwest corner of SE 5th Avenue and SE 2nd Street that was built in 1947. There are also two vacant lots located north of the office building. At its meeting of August 27, 1973, the City Commission approved a site plan modification for a third floor on the AT &T building (fka Bellsouth Telecommunication building) immediately to the west of this property. This approval included an offsite parking lot of 66 required spaces built on this property (northeast corner of SE 4 1 Avenue and SE 2nd Street) to address required parking for the building expansion. Per LDR Section 4.6.9(13)(3), when existing parking is diminished by an addition or enlargement and such parking had been previously required, or would be required if the use were established at this point in time, such parking spaces must be replaced and be in addition to those spaces required for the addition or enlargement. The replacement of this parking for Bellsouth will be provided in addition to the project parking in the proposed new parking garage. At its meeting of October 15, 2013, the City Commission approved a conditional use for the subject property to allow a density increase above 30 dwelling units per acre (69,52 dulac) subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addressing of the issues identified in this staff report. 2. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division. 3. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 4. That the workforce covenant include a provision that no efficiencies or studio units be utilized for that program. 5. That the two at -grade crosswalks in the alley are raised and additional hardscape details are provided with the site plan submitted. The action now before the Board is approval of the site plan, landscape plan, building elevations, and waivers. lTEM B F:QRE TH °E 7 77T. .:. BOARD The action before the Board is approval of a Class V site plan request for Uptown Delray pursuant to LDR Section 2,4.5(F). The request involves the following elements: O Site Plan; O Architectural Elevations; O Landscape Plan; and O Waivers. The project is located between SE 5th Avenue and SE 4th Avenue, along the north side of SE 2nd Street (approximately 2. 10 acres). e » B{ACKGROUND ; The project area consists of Lots 4 through 10 and Lots 17 through 20 Block 102 of the Town of Delray subdivision. The property contains a parking lot that was constructed for the Bellsouth Telecommunication building at the northwest corner of SE 4 1 Avenue and SE 2nd Street. The property also contains an office building at the northwest corner of SE 5th Avenue and SE 2nd Street that was built in 1947. There are also two vacant lots located north of the office building. At its meeting of August 27, 1973, the City Commission approved a site plan modification for a third floor on the AT &T building (fka Bellsouth Telecommunication building) immediately to the west of this property. This approval included an offsite parking lot of 66 required spaces built on this property (northeast corner of SE 4 1 Avenue and SE 2nd Street) to address required parking for the building expansion. Per LDR Section 4.6.9(13)(3), when existing parking is diminished by an addition or enlargement and such parking had been previously required, or would be required if the use were established at this point in time, such parking spaces must be replaced and be in addition to those spaces required for the addition or enlargement. The replacement of this parking for Bellsouth will be provided in addition to the project parking in the proposed new parking garage. At its meeting of October 15, 2013, the City Commission approved a conditional use for the subject property to allow a density increase above 30 dwelling units per acre (69,52 dulac) subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addressing of the issues identified in this staff report. 2. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division. 3. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 4. That the workforce covenant include a provision that no efficiencies or studio units be utilized for that program. 5. That the two at -grade crosswalks in the alley are raised and additional hardscape details are provided with the site plan submitted. The action now before the Board is approval of the site plan, landscape plan, building elevations, and waivers. SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 2 PROJECT DESCRIPTION..- The development proposal incorporates the following: © Demolition of the existing office building and construction of a mixed -use development consisting of two 5 -story buildings. The commercial component of the development consists of 3,529 square feet of retail /office, The residential portion of the development includes 146 dwelling units comprised of 24 efficiency units; 40 one - bedroom units; and 82 two - bedroom units. ❑ The recreational amenities include a rooftop pool, clubhouse, and gym. ❑ Construction of a 3 level parking garage along SE 4th Avenue. This parking garage includes an additional 66 parking spaces that will be set aside for the use of the AT &T property on the west side of SE 4th Avenue. ❑ Construction of pedestrian bridges that span the alley (the alley will be abandoned as part of the ensuing replat process). ❑ Installation of sidewalks, walkways, courtyards, and associated landscaping. The development proposal includes waivers to the following sections of the Land Development Regulations: 1. A waiver to LDR Section 4.4.13(F)(4)(c), which requires minimum street frontage setbacks for the buildings along SE 2 I Street, 2. A waiver to LDR Section 4.4.13(F)(1)(c), which requires a minimum floor height of 10 feet for ground floors and a minimum height of 9 feet for all other floors. 3. A waiver to LDR Section 4.6.18(13)(14)(iv)(2), which requires that 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. 4. A waiver to LDR Section 4.6.18(13)(14)(vi)(4)(b), which requires that a minimum 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. SITE ..p,;LA►IAL,YSIS. 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 applicationtrequest. SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 3 LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) and Section 4.4.13(F) as it pertains to the Central Business District: A waiver application has been submitted for the floor height, which is discussed in the waiver analysis section of this staff report. * The building elevations include a support column that appears to be within the building setback. Thus, a condition of approval is attached that the support column be noted on the site plan and that it be located out of the rear setback, Building Setbacks: The following tables indicate that the proposal complies with LDR Section 4.4.13(F)(4) as it pertains to the Central Business District (CBD) zone district, except for those portions of the buildings as noted in the furthest column to the right: Standard Proirided Max' rmurm Building Height 48' 48' Open Space 10% 10.2% Floor Height Ground Floor 10' 8' 2"* Upper Floors 9' 81* SideInterior Setback ' ?- (north East Side of Alley 0' 5.5' roi ert line West Side of Alley 0' 9' Rear Setb�ak {along aeyj;- East and West 10' 10' Sides of Alley" Rear ,Setback. (garage); 5' 5' Front Setback (garage) Along SE 4# Avenue 10' 10' A waiver application has been submitted for the floor height, which is discussed in the waiver analysis section of this staff report. * The building elevations include a support column that appears to be within the building setback. Thus, a condition of approval is attached that the support column be noted on the site plan and that it be located out of the rear setback, Building Setbacks: The following tables indicate that the proposal complies with LDR Section 4.4.13(F)(4) as it pertains to the Central Business District (CBD) zone district, except for those portions of the buildings as noted in the furthest column to the right: SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 4 The design guideline compliance plan incorrectly denotes the building frontage for all upper floors. Thus, a technical item is attached that this plan be revised to correctly note the building frontages. 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. Building Setbacks: As noted in the building setback table above, the project does not comply with LDR Section 4.4.13(F)(4)(c)(1) for the lower floors along SE 2nd Street. The project is required to provide a minimum of 70% of the building frontage at 10 feet from the property line. The proposed Required:: Compliance with Road./- Building % Building - Required Lot Proposed LDR: Re uirements? �I. Building Height Fronfage Setback Frontage Lot Side . minlmax a{ Frontage .Setback Yes No 70% 164.03' Ground min.190% 10' max. min.1210. 185.33' Federal Floor to max. 90' max. Highway 37' Remaining 15' min 49.17' 234:5'.Lot length . min. Frontage 37' to 70% min. 15' min. 164.15' 189.5'* 48' min. SE`2" a 70% 66.5' Ground min.190% 10' max. min.185.5' 0' Street.. Floor to max. max. (east of 25' Remaining Ale 15' min. 28.5' min. 39 95' Lot,., , length Fronta e :. 9 25' to 70% min. 15' min. 66.5' min. 93.5 48, S E `2" 70% 80.5' Street Ground min./90% 10' max, min./103. 0' (west of Floor to max. 5' max. alley) 25' Remaining 15' min' 35.12' 80.25' length min. 115' Lot 25' to 70% min. 15' min. 80.5' min. 103' Frontage >. ,. 48' S '4th 70% 293.03' Ground min.190% 10' max. min. 1376. 371.58' Avenue Floor to max. 76' max. 418,62' 25' Remaining 15' min. 41.86' 47' Lot len th min. Frontage 25' to 70% min. 15' min. 293.03' 321.17' 48, min. The design guideline compliance plan incorrectly denotes the building frontage for all upper floors. Thus, a technical item is attached that this plan be revised to correctly note the building frontages. 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. Building Setbacks: As noted in the building setback table above, the project does not comply with LDR Section 4.4.13(F)(4)(c)(1) for the lower floors along SE 2nd Street. The project is required to provide a minimum of 70% of the building frontage at 10 feet from the property line. The proposed SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 5 development is located nearly 100% beyond the 10 -foot setback line. The applicant has requested a waiver from the two instances where the building does not comply with the frontage requirement for the lower levels. The applicant has submitted the following verbatim narrative in support of the waivers: "...The proposed Uptown Delray project is a contemporary urban design with unique plane changes, detailing, and architectural features. Due to the unique configuration of the block, no part of the building is at the required 10 foot setback line. The building frontage starts at the 10 foot setback at the west side of the property and ends at the east side of the property at 13 feet back from the property line. This is due to the block being a rhomboid rather than a square. In this case, the building is further back than what is required rather than being too close to the street. The proposed building frontage and building facade along SE 2nd Street creates a visually attractive streetscape with a sense of an urbanized downtown development which is the intent of the CBD District Design Guidelines. Therefore, approval of this waiver will not adversely affect the neighboring area..." "...Relief from this LDR requirement is commonplace in the downtown area and is routinely granted under similar circumstances on other property. Similar waivers to the various frontage and setback requirements have been granted for the Seagate Hotel, Boueri Mixed -Use Building, Saxena White Office Building and most recently for the Sofa Building 91 and Sofa Building #2. Therefore, the developer is not seeking any special privilege not afforded to similarly situated properties throughout the downtown area..," Wainer Analysis: The development proposal provides nearly none of the building at the 10 -foot setback line. The building starts at the 10 -foot setback at the west side of the property and ends at the east side of the property at 13 feet back from the property line. Apparently, this is due to the block being a rhomboid. In order to keep the buildings on the same plane and meet the setbacks along SE 4th Avenue and Federal Highway, the applicant was essentially forced to design a building that is unable to comply with the setback requirements along SE 2nd Street. It is noted that in the worst case the building is only 3 feet from the setback line. Thus, the applicant has attempted to comply with the setback requirements. Further, the intent of the requirement has been achieved since perceptively, the general public will not notice that the building is 3 feet further back along the east side of the property than what is allowed. As the applicant has noted, similar waivers have been granted previously. Based on the above positive findings can be made with respect to LDR Section 2.4,7(B)(5), Waiver Findings. Floor Height: Per LDR Section 4.4.13(F)(1)(c), floor height shall be a minimum of ten feet (10') for ground floors and a minimum height of nine feet (9') for all other floors. All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. The ground floor heights of the lofts are 8.17 inches and the 2nd floor heights are 8 feet. The applicant has requested a waiver from the floor height requirement. The applicant has submitted the following verbatim narrative in support of the waiver SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 6 "...This waiver is requested to allow for the unique design of the two -story loft style apartment units which have internally varying floor heights as an intended aesthetic. The main living areas will have ceiling heights exceeding the minimum 10 feet requirement by providing a ceiling height of 16 feet 8 inches. It is only the bedroom on the first floor and the bedroom on the second floor which request a reduction in the minimum ceiling height, not the main living space. This wavier will allow for a cutting -edge and highly desirable unit type to be added to the Uptown Delray project. As the ceiling height reduction will only be internal to the bedrooms in the loft style units themselves, approval of this waiver will not adversely affect the neighboring area..." Waiver Analysis: The City has experienced no similar requests to reduce the floor heights. Given the mezzanine design of these two -story units, the majority of the unit complies with the height requirement (16.67 feet proposed). The reduction is only for the bedroom quarters. The applicant is correct that a waiver will allow the introduction of a unique dwelling option in the downtown area. It appears that the 10 -foot ground floor height requirement may have been more geared to non- residential uses in order to provide a higher quality of retail and office users in the downtown area. If supported, the subject waiver would set the standard for similar residential designs. Based on the above positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. EN[3 Off' SIT -E PLAN WA;iVER A:N'ALY.SLS, Parking Requirements: LDR Section 4.4.13(G)(1)(a) requires 1 parking space per 300 square feet of total floor area for all nonresidential uses except restaurants. Parking for multi- family residential structures and mixed use development must be provided pursuant to the following: • Efficiency dwelling unit 1.0 spacelunit a One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom dwelling unit 1.75 spaces/unit • Guest parking shall be provided cumulative) 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 The proposed development contains 3,529 square feet of retail and 146 dwelling units comprised of 24 efficiency units, 40 one - bedroom, and 82 two - bedroom units. Based on this development mix, the required parking for the proposed development is 323 parking spaces when adjusted by the shared parking allowance noted below. LDR Section 4.6.9(C)(8)(a) -- Shared Parking allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 7 Minimum Residential Floor Area: Pursuant to LDR Section 4.4.13(H)(6) and LDR Section 4.3.4(K)[Minimum residential floor area], the minimum required floor area for efficiency dwelling units is 400 square feet, a one - bedroom unit is 600 square feet, and a two - bedroom unit is 900 square feet. There are 24 efficiency dwelling units that range in size from 546 square feet to 730 square feet; 40 one - bedroom dwelling units that range in size from 705 square feet to 826 square feet; and 82 two - bedroom dwelling units that range in size from 942 square feet to 1,303 square feet. Based upon the above this LDR requirement has been met. Workforce Housing: As noted in the background section of this staff report, the development was granted conditional use approval to increase the residential density of the project above 30 dwelling units per acre (69.52 du/ac). This approval was subject to the condition that the applicant enters a workforce housing covenant. The covenant will stipulate how the guidelines will be followed to remain compliant with the requirements of Article 4.7 (workforce housing) and executed prior to certification of the site plan. Per LDR Section 4.4.13(1)(1), the development is required to provide workforce housing equal to at least 20% of the residential units above 30 dwelling units per acre. Based on this the development is required to provide 17 workforce units. A condition of approval is attached that the applicant enters into a workforce covenant prior to certification of the site plan. Lighting: The proposed photometric plan contains numerous situations that fail to comply with the City's illumination standards. Per LDR Section 4.6.8(A)(3), the maximum illumination in the parking area of the garage is 10 foot candles and 34.1 foot candles are proposed. The calculations for the ground floor parking area need to be provided. The maximum day and night ramp Weekda 1Nee6 nd. Night : - Midnight to 6 AM Day 8 AM o 4 PM.`.` E)fenIng 6 PM to Midnight Day -) 9.AM to.4 PM Evenin g B PM to Midnight........... :i 'Use . Required Residential 110 100 % 110 60% 66 90% 99 80 %0 88 90 % 99 Office 5% 0 100 % 0 10% 0 10 % 0 5% 0 Commercial /Retail 11.7633 5 % 0.588165 70% 8.23431 90 % 10.58697 100% 11.7633 70 % 8.23431 Hotel 80 % 0 80 % 0 100% 0 80% 0 100% 0 Restaurant 10% 0 50 % 0 100% 0 50% 0 100% 0 Entertainment/RecreationaI (theatres, bowling alleys, etc) 10% 0 40% 0 100 % 0 80% 0 100 % 0 Reserved Parking 146 .100% 146 100% 146 100 % 146 100% 146 100% 146 Other 66 100% 66 100% 66 100 % 66 100 % 66 100% 66 TOTALS 334 323 286 322 312 319 The development provides a total of 323 parking spaces on -site via a combination of 319 parking spaces within the parking garage and 4 parallel parking spaces along the alley. Minimum Residential Floor Area: Pursuant to LDR Section 4.4.13(H)(6) and LDR Section 4.3.4(K)[Minimum residential floor area], the minimum required floor area for efficiency dwelling units is 400 square feet, a one - bedroom unit is 600 square feet, and a two - bedroom unit is 900 square feet. There are 24 efficiency dwelling units that range in size from 546 square feet to 730 square feet; 40 one - bedroom dwelling units that range in size from 705 square feet to 826 square feet; and 82 two - bedroom dwelling units that range in size from 942 square feet to 1,303 square feet. Based upon the above this LDR requirement has been met. Workforce Housing: As noted in the background section of this staff report, the development was granted conditional use approval to increase the residential density of the project above 30 dwelling units per acre (69.52 du/ac). This approval was subject to the condition that the applicant enters a workforce housing covenant. The covenant will stipulate how the guidelines will be followed to remain compliant with the requirements of Article 4.7 (workforce housing) and executed prior to certification of the site plan. Per LDR Section 4.4.13(1)(1), the development is required to provide workforce housing equal to at least 20% of the residential units above 30 dwelling units per acre. Based on this the development is required to provide 17 workforce units. A condition of approval is attached that the applicant enters into a workforce covenant prior to certification of the site plan. Lighting: The proposed photometric plan contains numerous situations that fail to comply with the City's illumination standards. Per LDR Section 4.6.8(A)(3), the maximum illumination in the parking area of the garage is 10 foot candles and 34.1 foot candles are proposed. The calculations for the ground floor parking area need to be provided. The maximum day and night ramp SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page S illumination is 20 foot candles and 10 foot candles respectively. The photometric plan falls to provide the illumination levels for the vehicle ramps. The photometric plan needs to include the garage entrances where the day time illumination needs to be a maximum of 500 foot candles and a minimum of 50 foot candles, The night time illumination at these entrances needs to be a maximum of 10 foot candles and a minimum of one foot candle. The illumination of the 2nd floor garage needs to be a maximum of 10 foot candles and a minimum of one foot candle. The proposed illumination is 30.7 foot candles. The photometric plan needs to be revised to include the day and night illuminations. The required illumination at the building entrances are a maximum of 10 foot candles and a minimum of one foot candle. The proposed illumination at the non- residential areas is 2.5 foot candles maximum and zero foot candles minimum. The photometric plan needs to be revised to include the illumination levels at the residential entrances. Cut -sheet details of all light fixtures need to be submitted. A condition of approval is attached that the photometric plan be revised to demonstrate compliance with the City's illumination standards prior to certification of the site plan. Right -of -Way Dedication: Pursuant to Land Development Regulation (LDR) Section 5.3.1, the required alley width is 20 feet and 16 feet exists. The applicant requests the abandonment of a portion of the alley and replacement with a 20 -foot public access easement. The applicant will also dedicate 2 feet on the west side of the alley for the remainder (northern) portion of the alley adjacent to the subject property which will not be part of the abandonment area. The abandonment of the alley will occur as part of the plat process. The abandonment of the alley is necessary to accommodate the pedestrian bridges. Per LDR Section 5.3.1(D)(2), the SE 4th Avenue and SF 2nd Street rights -of -way are sufficient with the required 50 -foot widths. Per LDR Section 5.3.1(D)(1), the Federal Highway right -of -way contains the required 60 -foot width. Crime Prevention Through Environmental Desian: The natural surveillance throughout the property is adequate to aid in the deterrence of criminal activity. Natural access control is also adequate for deterrence purposes. The applicant has revised the development proposal to reinforce territoriality between the residential area (courtyard) on the east side of the alley and the abnormal users accessing the non - residential areas along Federal Highway via the corridor from the garage. This territoriality is reinforced via the installation of a fence and gating. One of the weak spots in terms of criminal behavior in similar developments is the garage area. In order to reduce the potential criminal activity in this area is compliance with the City's illumination standards as discussed in a previous section of this staff report. Another opportunity is the provision of view ports in all stairwell doors, along with the doors of the residences, and this is attached as a condition of approval. The Police Department has indicated that the provision of a CCTV system will aid the apprehension of criminals following an act and preventing repeat criminal incidence. A condition of approval is attached that a CCTV system be installed per the direction of the Police Department. Finally, the Police Department has recommended the installation of impact glass to also deter criminal activity and this is also attached as a condition of approval. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. 1. That the building frontage calculations for the upper floors be corrected. SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 9 2. That public access easements are provided for the sidewalks along Federal Highway, SE 2nd Street, and SE 4th Avenue to meet the minimum sidewalk widths. 3. Signage is not reviewed or approved as part of the site plan process. 4. That the recorded plat be submitted. 5. Florida Department of Transportation (FDOT) permit(s) required for this project per LDR Section 2.4.2 (C) (2) (c). Submit correspondence from FDOT indicating direction for the permitting of all work in their right -of -way. 6. Please note, alley abandonment and 20' GUE will need to be recorded prior to Site Plan Certification or a Developer's Agreement will need to be executed. Maintenance of alley will need to be addressed and who will be responsible for paver 1 roadway repair if City needs to access sanitary sewer line in alley. 7. Provide certification letter in accordance with LDR Section 7.1.3 (B) (2) for all buildings not meeting finished floor elevation requirements. The finished floor elevation is required to be a minimum of 18- inches above average crown 1 centerline of adjacent roads. Letter must state drainage conditions have been investigated and the proposed finished floor elevation is above the 100 -year flooding level. 8. Developer will be required to contribute funds in lieu of bus shelter installation since a bus shelter already exists within 300' of project. 9. Developer will be required to contribute funds towards the Federal Highway project in accordance with LDR Section 6.1.2 (A). NDSGAP E, A.NALY'SI The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Brazilian Beautyleaf, Pigeon Plum, Green Buttonwood, Satin leaf, Solitaire Palm, Sylvester Date Palm, Live Oak, Florida Royal Palm, Sabal Palm, Glaucous Cassia, Thatch Palm, and Montgomery Palm. These areas will be under planted with Purple Leaf Crinum, Small Leaf Clusia, Cocoplum, Night - blooming Jasmine, Mammey Croton, Gold Mound Durenta, Blueberry Flax Lily, Japanese Blueberry, Dwarf Red Crown of Thorns, Green Island Ficus, Clumping Red Heliconia; Tree Hibiscus, Dwarf llex Holly, Peregrina Jatropha, Shining Jasmine, Boston Fern, Podocarpus, Variegated Arboricola, Gold Capella Arboricola, and Snake Plant. Based upon the above, the proposed landscape plan will comply with LDR Section 4.6.16. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to he addressed prior to certification of the site plan. 1. A Landscape Maintenance Agreement is required for the proposed plantings outside the property line. Submit the signed agreement with the supporting exhibits (as outlined in the agreement). This will have to get executed by City Commission. SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 10 A.RCHITECTU.RAL 'E`L'EV;A,T10NS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) 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. b) 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. c) 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 proposed design is a geometrically contemporary influenced style. The elevations include two primary wall treatments. The first is smooth stucco that will be painted Crumb Cookie (off white). The second treatment is horizontal revels that will be painted Victorian Pewter (dark grey). The building also contains some architectural highlights such as the balconies that will be painted Fall Gold (yellow - orange). The stucco reveals at the top of towers will be painted Heavenly Blue (light blue). Some of the commercial entrance areas and the dwelling unit entrances will have a flat canopy with a galvalume finish and steel tube supports. The garage openings along SE 4th Avenue will be screened with a stainless steel mesh. Based on the above, a positive finding can be made with respect to LDR Section 4.6.18(E) Green Building Design: Per LDR Section 4.6.18(B)(14)(v)(6), cross - ventilation, energy efficiency, and green building design shall be considered for all projects. The applicant has indicated that the project will be LEED certified. It is noted that the applicant has not provided specifics on how this certification will be achieved. The building includes several locations for bicycles and storage. For example, bike racks are included along SE 2nd Street, SE 4th Avenue, and Federal Highway. Additionally, there are two racks in the courtyard along the alley. Finally, bike storage rooms are included within the garage as well as on individual floors. These measures will promote bicycle usage and will provide an alternate means of travel to the automobile. WAIVERS 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 SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 11 (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. Window Area: Per 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. The development proposal provides a transparency of 52 %. The applicant has submitted a waiver request from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The developer is seeking a reduction in the 75% transparency /glass surface area requirement for ground floor commercial tenant spaces due to the proposed 18 feet high ceilings in the commercial component of the Uptown Delray project. To the extent the ground floor wall area far exceeds the minimum code requirement, the intent of the code in providing 52% transparency /glass surface area remains met - to provide pedestrian friendly streetscape and proposed levels of transparency that otherwise satisfy the spirit of this requirement. Therefore, approval of this waiver will not adversely affect the neighboring area. Further, if we were to design the storefront using the standard 10 -foot high ceiling, our glass transparency would be at 86.2 %." Waiver Analvsis: The purpose of this requirement is to ensure that the relationship between the pedestrian and the businesses along the street is maintained. While the proposed development does not provide the minimum transparency as required, it does appear that sufficient window area has been provided to ensure that pedestrians will not notice the reduction and that "window shopping" will be maintained. The applicant has indicated that if the floor height was decreased to 12 feet and kept the height of the glass 11 feet 2 inches, a window transparency of 75.4% would be achieved. Further, the fenestration would increase to 86.2% if the standard 10 -foot ceilings were designed for the ground floor retail space. It is noted that the City has approved similar waivers such as the 5th Avenue at Delray project. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Garage Facade: Per LDR Section 4.6.18(13)(14)(vi)(4)(b), a minimum 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. The garage along SE 4th Avenue provides none of the required window display or active use area. The applicant has submitted a waiver request from this requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The parking garage design for Uptown Delray has been buffered by "ghosting" a portion of the garage with the two -story loft style units. This covers more than 50% of the length of the garage along the streetscape as viewed from SE 4`h Avenue. The portion of the garage that is visible from SE 4th Avenue has the same architectural features as the buffered portion of the garage, by mirroring the look and feel of the two -story loft style units. This overall design makes SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 12 the garage blend into the elevation, making the garage not look like a parking garage but rather like the loft style units themselves. In addition, the site plan has been specifically designed so that the garage itself faces the AT &T building (not Federal Highway), The Central Business District design guidelines require that all buildings be placed in close proximity to rights of way to encourage pedestrian eye contact, and to foster a uniform streetscape. By designing the garage with the look and feel of residential units, the City's desire and intent has been met. Therefore, approval of this waiver will not adversely affect the neighboring area but rather, will further add to its complimentary nature..." Waiver Analysis: The intent of this requirement is to maintain a pedestrian friendly environment to encourage pedestrians to continue past a garage while continuing their "downtown" experience. The vision is to prevent that dead -spot in the urban fabric that might lead to pedestrians simply turning around and retracing their steps. The applicant's justification misses the point of this urban continuity by indicating that the garage blends with the residential character of other parts of the building. The proposed design does not encourage visitors to proceed along this street for more shopping /sight- seeing experiences. If anything, the proposed design will give the impression to the casual shopper that you have left the downtown area and there is nothing left to see. The stronger argument for supporting the waiver is that once you have reached this point of the downtown area the shopping opportunities and energy level has essentially been exhausted from this street. The AT &T building on the west side of the road is a complete barrier to extending those opportunities. Further, the subject property is indeed on the edge of the downtown area. The next property to the south is zoned multiple family, thus, there is no need to encourage the casual shopper to proceed further to the south since there is no connection to more commercial opportunities. Given the property's geographic location on the periphery of the downtown, a positive finding with respect to LDR Section 2.4.7(13)(5), Waiver Findings can be made. R`EQU'I.RED; IFINDING`S REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. At its meeting of October 15, 2013, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. Section 3.1.1 (A) - Future Land Use Ma The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the CC SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 13 Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrency: As noted previously, the City Commission made a positive finding of Concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 C - Consistent Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 © - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: 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 mixed -use (residential and retail) development. The surrounding uses are office to the north; vacant automotivelsingle family residential to the south; multiple familyloffice /printing to the east; and the AT &T building to the west. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year -round basis, which in turn will provide economic stability and be a catalyst for growth in the downtown area. Future Land Use 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 -3.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ❑ Deletion of inappropriate uses; ❑ Incentives for locating retail on the ground floor with office and residential use on upper floors; ❑ Accommodating parking needs through innovative actions; SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 14 ❑ 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 intent of the CBD district regulations are to facilitate the development of the downtown with a mix of uses, which include pedestrian - oriented retail /restaurant activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors. The proposed development substantially fulfills the objective of the CBD zoning district to encourage the revitalization of the downtown area to improve the reputation of Delray Beach as "A City Set Apart In South Florida." The proposed development will result in the elimination of a vacant parcel along Federal Highway, which is inconsistent with a vibrant downtown. The residents of the 146 dwelling units will infuse a new vigor to this particular area of the downtown. These residents will be woven into the fabric of the downtown where they will be within walking distance of shops, restaurants, employment opportunities, parks, beaches, and cultural events. The 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. Transportation Element Policy A -1.5 New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city - approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed -use development will have on the surrounding road network and the location of a Palm Tran bus stop one block to the south of the subject property, it is appropriate that the development provide a bus shelter and easement on Federal Highway. Thus, a condition of approval is attached that the applicant contribute to the cost of installing a bus shelter and this is attached as a site plan technical item. Subject to this technical item, the development will comply with Transportation Element Policy A -1.3. Transportation Element Policy D -2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides several bicycle racks throughout the property. Further, the development provides for bicycle storage lockers within the development. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A -3.1: Tot lots and recreation areas serving children from toddlers 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. 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 SP AB Staff Deport November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 15 suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. The proposed recreational facilities consist of a pool, gymnasium, and cyber cafe. Some of the recreational, cultural and open space opportunities located in proximity to the Uptown Delray development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, 505 Teen Center, and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons) and other facilities that can be utilized by children, such as the pool, have been provided, the intent of this policy will be substantially met. Based on the above a positive finding can be made. Housing Element Obiective B -2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element_ Policy B -2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. While this development will not be restricted to occupancy by adults only, it is acknowledged that dwellings in downtown Delray Beach are not typically occupied by families with children. The proposed development will primarily accommodate young and middle -age professionals. The development will provide the following unit mix: 24 efficiency units, 40 one - bedroom units, and 82 two - bedroom units. Of these 146 dwelling units, the proposed development provides 26 different floor plans including the two -story units. There are several examples where the City has waived the requirement to provide 3 and 4 bedroom units such as the two recently approved SOFA projects. Since this requirement is waived given its downtown location, the project complies with Housing Element Policy B -2.2. Housing Objective A -11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A -11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Through the conditional use process and current site plan process, the applicant has substantially modified the development proposal to address concerns of compatibility with the SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for uptown Delray Page 16 surrounding community. These modifications have resulted in a product that will be compatible to this neighborhood. The massing of the garage along SE 4th Avenue has been greatly reduced from 6 levels above ground to 2 levels. The proposed development will be an asset to the surrounding community and will aid in the revitalization of this area of the City. Based upon the above, the development proposal will not be consistent with Housing Policy A -11.3. Section { .4.5 5 patibility (Site Plan Findings): The approving body must make a )O om, 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 subject property is bordered to the north, east, and west by CBD; and to the south CBD and RM (Multiple Family Residential — Medium Density). The surrounding uses are offices to the north; vacant automotive and residential to the south, office and residential to the east, and the AT &T building to the west. The mixed -use development proposal will significantly enhance the aesthetics of the subject property together with the neighborhood. The proposed redevelopment will provide year -round customer and employment base for the nearby commercial properties as well as new opportunities for businesses. The stability of the downtown area will be enhanced by the addition of 146 households and employees that will patronize area businesses and contribute to the long term revitalization of this area together with employment base of the commercial uses. Community Redevelobment Aaencv (CRA): The CRA reviewed the site plan at its meeting of November 7, 2013 and recommended approval. Downtown Development Authority At its meeting of March 11, 2013, the DDA reviewed the development proposal and unanimously recommended approval but expressed concerns with respect to the increased density of the project. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: ➢ Neighborhood Advisory Council ➢ Gerry Franciosa, Delray Citizen's Coalition ➢ Chamber of Commerce Any letters of support or concerns regarding the proposed development will be submitted to the Board. B. Move approval of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Uptown Defray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5), Section 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(6)(5), Section 2.4.5(1")(5), and Chapter 3 of the Land Development Regulations. STAFIR RECO;M'M: SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 18 Site Plan: Approve the request for a Class V site plan for Uptown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the support column along the alley is noted on the site plan and that it is located out of the rear setback. 3. That the photometric plan be revised to demonstrate compliance with the City's illumination standards prior to certification of the site plan. 4. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division. 5. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 6. That the workforce covenant include a provision that no efficiencies or studio units be utilized for that program. 7. That the two at -grade crosswalks in the alley are raised and additional hardscape details are provided. 8. That a CCTV system be installed per the direction of the Police Department. 9. That impact glass be installed for all ground level openings. 10. That the alley be abandoned and the plat be recorded prior to site plan certification. Landscape Plan: Approve the landscape plan for Uptown Delray based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the condition that all that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Elevations: Approve the proposed elevations for Uptown Delray based on positive findings with respect to LDR Section 4.6.18(E). Attachments: • Appendix A SPRAB Staff Report November 13, 2013 meeting Class V Site Plan, Building Elevations, Landscaping, and Waivers for Uptown Delray Page 19 • Site Plan • Architectural Elevations • Landscape Plan • Waiver Justification Letters Report prepared by: Scott-D. Pape, AICP, FQP, Senior Planner A P P S ;N D I .X, A ST'AN'DARDS FOR SITE PI_AN 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 (Subject to revision of the photometric plan 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 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 X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable 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 X 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. 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WEINER JEFFREY C. LYNNE LAURIE A. THOMPSON JUSTIN M. CLAUD October 22, 2013 Mr. Scott Pape, Senior Planner City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 TAW OFFICES WEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION 10 SE I- AVENUE, SUITE C DEI RAY BEACH,1i oRIDA 33444 PROJECT: UPTOWN DELRAY WAIVER REQUEST: MINIMUM FLOOR HEIGHT Dear Scott: TEL HONE (561) 265 - 2666 FAcsimaE (561) 272 - 6831 JLYNNE @ZONELAW.COM W W W.ZONELAW.COM L6 J OCT 22 2013 Y PLANNIAIG This written request is for a waiver pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ( "LDRs "). This waiver is seeking relief from LDR Section 4.4.13(F)(1)(c) which requires a minimum floor height of 10 feet for the ground floors and a minimum height of 9 feet for all other floors. The developer is requesting a waiver to allow the ground floor of the loft units to be a height less than 10 feet (8 feet 2 inches) and the second floor of the loft units to be a height less than 9 feet (8 feet). To support a waiver, LDR Section 2.4.7(B)(5) requires that the City 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. For the reasons set forth below, the Project meets or exceeds the requirements of LDR Section 2.4.7(B)(5) and therefore, we respectfully request the waiver be granted. A. Approval of the waiver will not adversely affect the neighboring area. This waiver is requested to allow for the unique design of the two -story loft style apartment units which have internally varying floor heights as an intended aesthetic. The main living areas will have ceiling heights exceeding the minimum 10 feet requirement by providing a ceiling height of 16 feet 8 inches. It is only the bedroom on the first floor and the bedroom on the second floor which request a reduction in the minimum ceiling height, not the main living space. This wavier Uptown Delray — Waiver Request — Minimum Floor Height October 22, 2013 Page 2 will allow for a cutting -edge and highly desirable unit type to be added to the Uptown Delray project. As the ceiling height reduction will only be internal to the bedrooms in the loft style units themselves, approval of this waiver will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. This waiver request does not impact the provision of public facilities. C. Approval of the waiver will not create an unsafe situation. This waiver request does not impact safety or create an unsafe situation. D. Approval of the waiver will not result in the 11rant of a _special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. For the same reasons set forth above, the developer is not seeking any special privilege that would not be afforded to similarly situated properties throughout the downtown area. The City, through adoption of LDR Section 2.4.7(B), has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City. Thus, we respectfully request that a positive finding be made with respect to LDR Section 2,4.7(B)(5), Waiver Findings, based upon the justifications set forth herein and the this waiver be approved. 0ADBRM0031Oct 2013 Resubmittal For SPRABIMin Floor Height.Doex MiCFLW'L S. Wr1'im JEFFREY C. LYNNE LAuRIE A.'Mom PSON JUSTIN M. CLAUD October 22, 2013 Mr. Scott Pape, Senior Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 1.Aw OFFICES WEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION 10 SE I ' Avr NuE, SurrE C DELRAY BEACH, FLORIDA 33444 TELEPHONE (361) 265 - 2666 FAcsrvmE (561) 272 - 6831 JLYNNE @ZONELAW.COM wW W.ZONELAW.COM d � l2OCT 2 ZQ13� ? PLAWN & . -NI�3 PROJECT: UPTOWN DELRAY WAIVER REQUEST: TRANSPARENCY /GLASS SURFACE AREA ON GROUND FLOOR WALL AREA Dear Scott: This written request is for a waiver pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ( "LDRs "). This waiver is seeking relief from LDR Section 4.6.18(B)(14)(iv)(2) which requires the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings to be a minimum of 75 %of the wall area for that elevation. The developer is requesting this requirement be reduced from 75% to 52% as further set forth below. To support a waiver, LDR Section 2.4.7(B)(5) requires that the City 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. For the reasons set forth below, the Project meets or exceeds the requirements of LDR Section 2.4.7(B)(5) and therefore, we respectfully request the waiver be granted. A. Approval of the waiver will not adversely affect the neighboring area. The developer is seeking a reduction in the 75% transparency /glass surface area requirement for ground floor commercial tenant spaces due to the proposed 18 feet high ceilings in the commercial component of the Uptown Delray project. To the extent the ground floor wall area far exceeds the minimum code requirement, the intent of the code in providing 52% Uptown Delray — Waiver Request — Floor Wall Area Transparency October 22, 2013 Page 2 transparency /glass surface area remains met - to provide pedestrian friendly streetscape and proposed levels of transparency that otherwise satisfy the spirit of this requirement. Therefore, approval of this waiver will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. This waiver request does not impact the provision of public facilities. C. Approval of the waiver will not create an unsafe situation. This waiver request does not impact safety or create an unsafe situation. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. For the same reasons set forth above, the developer is not seeping any special privilege that would not be afforded to similarly situated properties throughout the downtown area. The City, through adoption of LDR Section 2.4.7(B), has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City such as the recently approved Chase Bank and Boueri Mixed Use development. Thus, we respectfully request that a positive finding be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings, based upon the justifications set forth herein and the this waiver be approved. NNE OADBRM0031Oct 20t3 Resubmittal For SPRAB175% Transparency.Docx MICHAEL S. WEINER J < { , Y C. LYNNE LA,uRIE A. THOMPSON JUSTIN M. CLAUD October 22, 2013 Mr. Scott Pape, Senior Planner City of Delray Beach 100 N. W. 1 st Avenue Delray Beach, Florida 33444 LAW OFFICES WEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION 10 SE I" AvENDE, SurrE C DELRAY BEACH, FLORIDA 33444 TELEPHONE (561) 265 - 2666 FAcsnm_E (561) 272 - 6831 JT,'YNNE @ZONELAW.COM wW W.ZONELAW.COM oar 2 2 2013 � PROJECT: UPTOWN DELRAY WAIVER REQUEST: PARKING GARAGE WINDOW DISPLAY/FLOOR AREA Dear Scott: This written request is for a waiver pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ( "LDRs "). This waiver is seeking relief from LDR Section 4.6,18(B)(14)(vi)(4)(b) pertaining to minimum required window displays or floor area for active uses relating to above ground parking garages. LDR Section 4.6.18(14)(vi)(4)(b) specifically authorizes the Site Plan Review and Appearance Board to grant this waiver. The developer is requesting to waive this requirement as no window display or floor area will be provided. To support a waiver, LDR Section 2.4.7(B)(5) requires that the City 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. For the reasons set forth below, the Project meets or exceeds the requirements of LDR Section 2.4.7(B)(5) and therefore, we respectfully request the waiver be granted. A. Approval of the waiver will not adversely affect the neighboring area. The parking garage design for Uptown Delray has been buffered by "ghosting" a portion of the garage with the two -story loft style units. This covers more than 50% of the length of the garage along the streetscape as viewed from SE 4t' Avenue. The portion of the garage that is visible from SE 4th Avenue has the same architectural features as the buffered portion of the garage, by mirroring the look and feel of the two -story loft style units. This overall design makes the garage blend into the elevation, making the garage not look like a parking garage but rather like the loft Uptown Delray — Waiver Request — Garage Display October 22, 2013 Page 2 style units themselves. In addition, the site plan has been specifically designed so that the garage itself faces the AT &T building (not Federal Highway). The Central Business District design guidelines require that all buildings be placed in close proximity to rights of way to encourage pedestrian eye contact, and to foster a uniform streetscape. By designing the garage with the look and feel of residential units, the City's desire and intent has been met. Therefore, approval of this waiver will not adversely affect the neighboring area but rather, will further add to its complimentary nature. B. Approval of the waiver will not significantly diminish the provision of public facilities. This waiver request does not impact the provision of public facilities. C. Approval of the waiver will not create an unsafe situation. This waiver request does not impact safety or create an unsafe situation. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. Other parking garages in the City have been designed with a "faux window" look in order to better blend into the surrounding neighborhood. Uptown Delray's design endeavors to accomplish the same by incorporating the two -story loft design as an architectural feature. The developer therefore is not seeking any special privilege that has not be afforded to similarly situated properties throughout the downtown area. The City, through adoption of LDR Section 2.4.7(B), has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City. Thus, we respectfully request that a positive finding be made with respect to LDR Section 2,4.7(B)(5), Waiver Findings, based upon the justifications set forth herein and the this waiver be approved. OAIDBRM0031Oct 2013 Resubmittal For SPRAB150% Garage Display.Doex MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Mark McDonnell, AICP, Interim Director Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: November 27, 2013 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REOUEST /1001 HIBISCUS LANE ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat and approval of a waiver for a 1.68 acre residential development containing three (3) single - family lots to be platted as 1001 Hibiscus Lane Plat. The subject property is located at the southeast intersection of Hibiscus Lane and NW 6th Avenue, and north of NW 9th Street. BACKGROUND The subject property, at 1001 Hibiscus Lane, is located within the Lake Ida Neighborhood Overlay District. The property is zoned Single- Family Residential (R -1- AAA -B) and contains a one -story single - family residence. The existing house will be demolished and replaced with three (3) new homes constructed on the property. The 1.68 acre subdivision is a replat of a portion of Lot 2, Section 8, Township 46 South, Range 43 East, recorded in Plat Book 1, Page 4 of the public records of Palm Beach County, Florida on March 25, 2010. Although the property has frontage on NW 9th Street, the existing single - family home has taken access from a 25' ingress /egress easement for southbound traffic and from NW 6th Avenue for northbound traffic since the home was constructed on the property in 1962. The replat will subdivide the subject property into three (3) single - family home lots and one tract consisting of an additional 15' right -of -way dedication for NW 9th Street. Lots 2 and 3 will front on and take access from NW 9th Street and Lot 1 will front on and take access from NW 6th Avenue. A new 10' general utility easement will be located along the north boundary of the property (on Lot 1), and a 15' general utility easement will be located along the south boundary (on Lots 2 and 3), adjacent to the expanded right -of -way for NW 9th Street. A 5' sidewalk easement will be provided along the south lot lines of Lots 2 and 3, immediately north of the road right -of -way dedication tract. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, and Consistency with the Comprehensive Plan. Upon approval of the Waiver Request, a positive finding with respect to compliance with the Land Development Regulations can also be made. LDR Section 2.4.7 (B) (5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes." By this definition, the proposed Lots 2 and 3 will have frontage on NW 9th Street and Lot 1 will have frontage on NW 6th Avenue. The lots on the proposed plat meet all of the development standards for the R- 1 -AA -B zoning district, except for Lot 1, which only has 25 feet of frontage where 100 feet is required. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(x) (Development Standards Matrix) to allow the reduction of the minimum frontage below the minimum requirements for Lot 1 from 100 feet to 25 feet. As noted in the applicant's request, "...the proposed Lot 1 frontage and access is not changing from the original single family residence that was constructed in 1962." As shown on the attached Planning and Zoning Board staff report, positive findings can be made in support of this waiver. Given the existing development pattern and existing conditions in the immediate area, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waiver. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of November 18, 2013. Several residents from the surrounding neighborhood spoke in favor of the subdivision, stating that the applicant had met with them to discuss his plans for the subdivision and to get direction from the neighborhood on alternative scenarios. Mr. Philip Colnon, who spoke against the subdivision, felt that the applicant was receiving special treatment related to the proposed waiver, and questioned the validity of the prescriptive easement for continued access to one of the lots. After discussion, the Board recommended approval of the plat and waiver by a vote of 5 to 0, with the condition that all comments under the "Technical Items" section of the P &Z staff report be addressed and that the applicant's attorney provide a written opinion on use of the prescriptive easement prior to scheduling the plat for City Commission action. All of the technical items have been addressed and the applicant's attorney has provided a letter addressing this issue, which is attached. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizens Coalition • Lake Ida Property Owners Public Notice: Pursuant to LDR Section 4.3.1(D), formal public notice of the proposed waiver was provided to all property owners within a 500' radius of the subject property. To date, one letter of objection to the Plat has been received, and is attached. Any future letters of support or objection will be presented at the City Commission meeting. RECOMMENDATION By Separate Motions: Waiver: Move approval of a waiver to LDR Section 4.3.4(x) (Development Standards Matrix) to reduce the required lot frontage for Lot 1 from 100 feet to 25 feet, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D). Plat: Move approval of the 1001 Hibiscus Lane Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3. 1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST FOR 1001 HIBISCUS LANE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The final subdivision plat approval and waiver request regarding 1001 Hibiscus Lane has come before the City Commission on December 10, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request and plat approval for 1001 Hibiscus Lane. 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 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes." By this definition, the proposed Lots 2 and 3 will have frontage on NW 9t" Street and Lot 1 will have frontage on NW 6t" Avenue. The lots on the proposed plat meet all of the development standards for the R -1- AA-B zoning district, except for Lot 1, which only has 25 feet of frontage where 100 feet is required. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow the reduction of the minimum frontage below the minimum requirements for Lot 1 from 100 feet to 25 feet. As noted in the applicant's request, "...the proposed Lot 1 frontage and access is not changing from the original single family residence that was constructed in 1962." Proposed Lot Dimensions Lot Size (Square Feet) Lot Width Lot Depth Lot Frontaze Minimum Required 12,500 100' 110' 100' Proposed Lot 1 34,858 219.21' 159.02 25' Proposed Lot 2 17,574 109.79 160' 110.13 Proposed Lot 3 17,457 109.11 160' 108.67 Should the waiver to Section 4.3.4(K) to reduce frontage for Lot 1 be granted? Yes No II. Plat Approval: The required findings for approval are hereto attached as "Exhibit A ". Should 1001 Hibiscus Lane Plat be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original plat was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver requests and plat approval and hereby adopts this Order this 10th day of December, 2013, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor Exhibit A 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. The subject property has a Future Land Use Map designation of LD (Residential- Low Density, 0 -5 du /ac) and is zoned R -1 -AAA -B (Single Family Residential). Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), the R- 1 -AAA -B zoning district is consistent with the LD Land Use Map Designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. 2. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B), Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Existing Water and Sewer service is available within NW 9th Street for Lots 2 and 3; and within a 25' ingress /egress easement which runs west of and adjacent to NW 6th Avenue for Lot 1. Existing fire hydrants are located adjacent to the property within NW 6t" Avenue and NW 9t" Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage will be accommodated on each lot individually through sheet flow to open space areas. Although drainage calculations have not been provided, there should be no impact on drainage as it relates to this level of service standard. The provision of drainage calculations has been included in the list of technical items that need to be addressed prior to scheduling the plat for review by the City Commission. 3 Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: No internal street system is proposed with this development, as direct access is available from the surrounding roadways. The proposed development will generate at total of (30) daily trips, (2) AM peak hour trips and (4) PM peak hour trips. This impact is minimal and no further analysis of residential projects that generate 20 or fewer peak hour trips is required. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards ". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for the project. Since the existing home was constructed prior to February 23, 1982, a park impact fee credit will not be issued when it is demolished. A total fee of $1,500 will be required of this development for parks and recreation purposes. Solid Waste: The proposed two (2) additional single - family homes will generate 3.98 tons of solid waste per year (2 units x 1.99 tons = 3.98 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Schools: The proposed development is subject to the Palm Beach County School Concurrency. Concurrency approval has been granted by the School District. 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 reflects 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 adopted Comprehensive Plan in the making of a finding of overall consistency. 12 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 (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. Meets intent of standard (C) Open space enhancements as described in policies found under Objective B- 1, of the Open Space and Recreation Element are appropriately addressed. Meets intent of standard (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. Not applicable (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable (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. 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 (1) 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 5 (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 review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Objective was noted: Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed 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 6.3.1 (Sidewalks): Pursuant to LDR Section 6.1.3(6)(1), a 5' -wide sidewalk is required along NW 9t" Street and a 5 foot sidewalk easement has been provided. This sidewalk will be constructed with development of the project. LDR Section 4.3.4(K) — Development Standards Matrix: A waiver to lot frontage requirements, pursuant to Section 4.3.1(D), is required. D PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: November 18, 2013 ITEM: IV. B. 1001 Hibiscus Lane Plat — a plat to accommodate development of three single - family lots, at the southeast intersection of Hibiscus Lane and NW 6th Avenue, and north of NW 9th Street. GENERAL DATA: Applicant ... ............................... 1001 Hibiscus Lane, LLC. Agent ....... ............................... Jeff Hodapp, PS.M. Perimeter Surveying & Mapping, Inc. Location ....... ............................... At the southeast intersection of Hibiscus Lane and NW 6th Avenue, and north of NW 9th Street Property Size .............................. 1.68 acres Existing FLUM ............................. LD (Low Density Residential) Current Zoning ............................ R -1 -AAA -13 (Single - Family Residential) Adjacent Zoning ............... North: R -1 -AAA -13 (Single - Family Residential) East: R -1 -AAA -13 (Single - Family Residential) South: R -1 -AA (Single - Family Residential) and R -1 -AAA (Single - Family Residential) West: R -1 -AAA -13 (Single - Family Residential) Existing Land Use ....................... One (1) single - family home Proposed Land Use .................... Three (3) single - family homes Water Service ........................ Available via connection to 8" water mains located on NW 9th Street and within a 25' ingress /egress easement north of the property. Sewer Service ........................ Available via connection to an 8" sanitary sewer main located on NW 9th Street and a 10" sanitary sewer main within a 25' ingress /egress easement north of the property. The item before the Board is that of approval of a preliminary plat and certification of a final plat for a 1.68 acre residential development containing three (3) single - family lots to be platted as 1001 Hibiscus Lane Plat. The subject property is located at the southeast intersection of Hibiscus Lane and NW 6th Avenue, and north of NW 9th Street. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property, at 1001 Hibiscus Lane, is located within the Lake Ida Neighborhood Overlay District. The property is zoned Single Family Residential (R -1- AAA -B) and contains a one -story single family residence. The existing house will be demolished and three (3) new homes constructed on the property. The 1.68 acre subdivision is a replat of a portion of Lot 2, Section 8, Township 46 South, Range 43 East, recorded in Plat Book 1, Page 4 of the public records of Palm Beach County, Florida on March 25, 2010. Although the property has frontage on NW 9th Street, the existing single - family home has taken access from a 25' ingress /egress easement for southbound traffic and from NW 6th Avenue for northbound traffic since the home was constructed on the property in 1962. The replat will subdivide the subject property into three (3) single - family home lots and one tract consisting of an additional 15` right -of -way dedication for NW 9th Street. Lots 2 and 3 will front on and take access from NW 9th Street and Lot 1 will front on and take access from NW 6th Avenue. A new 10' general utility easement will be located along the north boundary of the property (on Lot 1), and a 15' general utility easement will be located along the south boundary (on Lots 2 and 3), adjacent to the expanded right -of -way for NW 9th Street. A 5' sidewalk easement will be provided along the south lot lines of Lots 2 and 3, immediately north of the road right -of -way dedication tract. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of LD (Residential- Low Density, 0 -5 du /ac) and is zoned R -1 -AAA -B (Single Family Residential). Pursuant to the Land Use Designation /Zoning Matrix (Table L -7, Future Land Use Element), the R -1 -AAA -B zoning district P &Z Board Staff Report, Meeting of November 18, 2013 - 1001 Hibiscus Lane Plat Page 2 is consistent with the LD Land Use Map Designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(8), Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Existing Water and Sewer service is available within NW 9th Street for Lots 2 and 3; and within a 25' ingress /egress easement which runs west of and adjacent to NW 6th Avenue for Lot 1. Existing fire hydrants are located adjacent to the property within NW 6th Avenue and NW 9th Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage will be accommodated on each lot individually through sheet flow to open space areas. Although drainage calculations have not been provided, there should be no impact on drainage as it relates to this level of service standard. The provision of drainage calculations has been included in the list of technical items that need to be addressed prior to scheduling the plat for review by the City Commission. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: No internal street system is proposed with this development, as direct access is available from the surrounding roadways. The proposed development will generate at total of (30) daily trips, (2) AM peak hour trips and (4) PM peak hour trips. This impact is minimal and no further analysis of residential projects that generate 20 or fewer peak hour trips is required. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards ". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for the project. Since the existing home was constructed prior to February 23, 1982, a park impact fee credit will not be issued when it is demolished. A total fee of $1,500 will be required of this development for parks and recreation purposes. Solid Waste: The proposed two (2) additional single - family homes will generate 3.98 tons of solid waste per year (2 units x 1.99 tons = 3.98 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2046, thus a positive finding with respect to this level of service standard can be made. Schools: The proposed development is subject to the Palm Beach County School Concurrency. Concurrency approval has been granted by the School District. 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. P &Z Board Staff Report, Meeting of November 18, 2013 - 1001 Hibiscus Lane Plat Page 3 As described in Appendix "A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 4.3.4(K) (Development Standards Matrix): The proposed lots are consistent in size with existing lots in the neighborhood, which contains a variety of lot sizes, both larger and smaller than those proposed. As shown on the following table, with the exception of frontage for lot 1, all three lots will exceed the minimum lot size and dimension requirements in Section 4.3.4(K), "Development Standards Matrix" for the Single - Family Residential (R -1- AAA -B) zoning district. Lot Size (Square Feet) Lot Width Lot Depth Lot Frontage Minimum Required 12,500 100' 110' 100' Proposed Lot 1 34,858 219.21' 159.02 25' Proposed Lot 2 17,574 109.79 160' 110.13 Proposed Lot 3 17,457 109.11 160' 108.67 LDR Section 2.4.7 (B) (5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(E)(3), "The front of a lot is the side with frontage on a street. For corner lots, the side having the least street frontage shall be the front for setback purposes." The applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow the reduction of the minimum frontage below the minimum requirements for Lot 1 from 100 feet to 25 feet. The applicant has provided the following justification statement to support the waiver request: "We are requesting relief from this requirement because the proposed Lot 1 frontage and access is not changing from the original single family residence that was constructed in 1962. With the exception of modifying the existing driveway entrance to this property with new pavers and landscaping, this is a prescriptive easement which has existed for over 50 years with the knowledge of all existing properties on Hibiscus Lane." Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings 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. P &Z Board Staff Report, Meeting of November 18, 2013 - 1001 Hibiscus Lane Plat Page 4 All of the proposed lots substantially exceed the minimum size, width and depth requirements for the R -1 -AAA -B zoning district. The reduction in frontage is to allow Lot 1 to continue taking access from the 25' ingress /egress easement for southbound traffic and NW 6th Avenue for northbound traffic. Since access has been taken in this manner for over 50 years, it will not adversely affect the neighboring area. Approval of the waiver will not significantly diminish the provision of public facilities, since these facilities are all available to the property and the reduction in the frontage requirement will not affect any adjacent properties. The Fire Department reviewed the proposal and noted that although existing conditions do not meet all of the requirements of the Florida Fire Prevention Code for Fire Department Access Roads, the proposal does not increase this nonconformity. Since the proposal is to only provide access to one lot, consistent with existing conditions, the Fire department did not object to the proposal. Based on this review, the waiver will not create an unsafe situation. Other requests to create similar nonconformities under unique circumstances have been previously approved. The "Frysinger properties" located at the southeast corner of S.E. 5th Street and S.E. 4th Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth and size. To aid in the preservation of an existing historic house, Lot 2 in the Marine Way plat was approved with only 24 feet of frontage along a private access easement. More recently, the Dell Grove plat, located at the southeast corner of NE 2nd Avenue and NE 12th Street was approved with two lots that did not meet the minimum lot size and dimension requirements. All of these cases had unique conditions which warranted approval of the waiver(s). Overall, given the existing development pattern and existing conditions in the immediate area, the waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waiver. • LDR Section 6.3.1 (Sidewalks): Pursuant to LDR Section 6.1.3(B)(1), a 5' -wide sidewalk is required along NW 9th Street and a 5 foot sidewalk easement has been provided. This sidewalk will be constructed with development of the project. Comprehensive Plan Policies: A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Objective was noted: Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed 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. P &Z Board Staff Report, Meeting of November 18, 2013 - 1001 Hibiscus Lane Plat Page 5 Based upon the above analysis, positive findings with respect to Section 3.1.1 of the Land Development Regulations can be made. Technical comments are attached as Appendix "B ", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizen's Coalition • Lake Ida Property Owners Public Notice: Pursuant to LDR Section 4.3.1(D), formal public notice of the proposed waiver was provided to all property owners within a 500' radius of the subject property. As of this date, one letter of objection has been received and is attached. Any future letters of support or objection will be presented at the Planning and Zoning Board meeting. The proposal to replat the subject property into three (3) single - family lots is consistent with the Zoning and Future Land Use Map designation for the area. The proposed lots are consistent in size with those in the neighborhood; and the development of the subject property is proposed in a manner appropriate and complementary to the adjacent single - family residential development throughout the neighborhood. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The items listed in "Appendix "B" - Technical Items" section of this report will need to be addressed before the plat can advance to the City Commission. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and Waiver and, certification of the Final Plat for 1001 Hibiscus Lane Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat P &Z Board Staff Report, Meeting of November 18, 2013 - 1001 Hibiscus Lane Plat Page 6 Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the waiver and preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the waiver, preliminary plat and final plat with basis stated. Waiver: Move approval of a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the required lot frontage for Lot 1 from 100 feet to 25 feet, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D). Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for 1001 Hibiscus Lane Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3. 1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B ") of the report be addressed prior to scheduling the plat for City Commission action. Attachments • Appendix A • Appendix B • Location Map • Aerial • Survey • Reduced Plat P &Z Board Staff Report, Meeting of November 18, 2013 - 1001 Hibiscus Lane Plat Paqe 7 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X 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 Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of November 18, 2013 - 1001 Hibiscus Lane Plat Page 8 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will 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 X Meets intent of standard Does not meet intent P &Z Board Staff Report, Meeting of November 18, 2013 - 1001 Hibiscus Lane Plat Page 9 The following comments must be addressed prior to scheduling the plat for City Commission: 1. Add the Lots to the dedication statement. 2. Label the plat as a replat. 3. Provide drainage calculations. 4. Confirm if an FPL Easement is required in Tract "A ". FPL easements are not allowed in City Right -of -Way. 5. Indicate location of easement for AT &T. If GUE will be used, please ensure the required 25'x 6' would be provided and confirm with AT &T. 6. Provide City of Delray Beach Surveyor's Notes as found on sheet P -11 of the City's latest version of the Construction Standards and Specifications. This can be found on the City's webpage at http: / /www.mydelraybeach.com, go to Departments, Environmental Services, then Standards and Details 2011. 7. Tie Plat to a section corner. 8. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. LAKE c- w Q w w w ° w Q Ln N. W. 11 TH HIBISCUS LANE IRWIN ST. N. W. w > SUBJECT PROPERTY 0 w > 9TH wi > PLANNING AND ZONING DEPARTMENT Q Q Q w � Ln � w Q z z z 7TH 7 ELDORADO LANE z SUNSHINE DRIVE .w w Q z LAKE TERR. -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1439_1001 Hibiscus Lane Plat N � SUBJECT PROPERTY 0 1001 HIBISCUS LANE PLAT LOCATION MAP PLANNING AND ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1439_1001 Hibiscus Lane Plat a F �. 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Whether there exists a "prescriptive easement" is not relevant until the LDR requirement for a minor subdivision have been met. A waiver or variance must be publicized, with the proper notification going to the surrounding owners. The fact that the EXACT "prescriptive easement "issue was denied for a property on the same street, (Hibiscus Lake Estates, attachment #1) would result in "special privilege" that is prohibited in section 2.4.7 B(5) D. Stewart and Shelby is using Marine Way as an example, in the Marina District, to try to justify having only 25' of frontage. This property, in the Marina District, was land locked and would not have been buildable if the proper road structure had been required. This is not the case with the subject property. There is enough land to develop 3 or 4 lots(attachment #2), all with frontage and with the proper turnaround for the emergency vehicles (see the attached drawings) as required in the LDR's. Lot 1 of the Colnon Subdivision Replat also had an existing frontage similar to 1001 Hibiscus, on Hibiscus Lane. This frontage was a part of the platted lot and not a "prescriptive easement". The frontage had existed since 1947, but was not allowed to be used as frontage when the property was platted, because it did not meet the required 100'. The lots being created had to be redrawn so that Lot 1 had frontage on the cul -de -sac in the rear of the house. Then a permanent easement was deeded for use to Lot 2 and achieved the original layout denied by the P &Z Board (attachment # 3A). There are other numerous example of P &Z requiring the necessary frontage need for a particular zoning district for minor subdivisions and also the requirements for emergency vehicles: Little Woods Estates Hammerhead (attachment #4) 3 Lots 1.0 Acres Seaside Cul -De -Sac (attachment #5) 4 Lots 1.3 Acres Hibiscus Lake Estates Cul -De -Sac (attachment #6) 4 Lots 1.8 Acres Colnon Subdivision Cul -De -Sac (attachment #7) 3 Lots 2.2 Acres Wallace Square Cul -De -Sac (attachment #8) 3 Lots 1.3 Acres All of the above properties are similar in size or smaller than the subject property. 1001 Hibiscus 1.7 Acres The issue of "prescriptive easement" was discussed with Mr. Dorling during the platting of Hibiscus Lake Estates. According to the city attorney at the time and Mr. Dorling the easement only pertained to the entire property and not to a newly platted" section" of the property, since the lot is accessible from another street. Access to the easement had to be abandoned and closed as part of the plat process, or proper county documentation had to show a "legal easement" existed. The city has also received a letter dated September 30, 2013 from Gary Eliopoulos regarding this same project. In the letter Mr. Eliopoulos justifies reduction using LDR 4.3.1(D). This section states" No yard or lot existing at the time of passage of this chapter shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after October 1, 1990 shall meet the minimum requirements established by this chapter.... Lot 1 of 1001 Hibiscus Lane Plat was NOT created before this date and should be required to meet the minimum regulation of the zoning district. This plat should not be approved as drawn. For the above reasons it would show "special privileges" to Stewart and Shelby. 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LEGAL DESCRIPTION: RIGHT-OF- NAY EASEMENT ,q -1 FAVOR OF LOT 4. COLNON SUBDIVISION REPLAT A port OApf Lot 1, COLNON SUBDIVISION REPLAT, dedicated to Loot 4 as an ingress; egress easement, described as, follows: Beginning at the Northwest com rpf-said Lot 1; thence run S 44° 18147" W, along the Easterly line of Lot 1, 28,2et to a point on a curve; thence run Southwesterly along the arc of a curve right, 12.16 feet to a point on said curve, said curve having a central an $P15° 27'04 a radius of 45.00 feet, a chord of 12.14 feet and a. chord be O._ §, 7° 02' 20" W; thence run S 58° 56' 22" E, 66.84 feet to a point on the WY arly line of Lot 4; thence N 16* 56' 57" W, along said Westerly line of Lot O 47 feet to a point on the Southerly right -af Way of NW 1111 Street; thenZ 89° 18' 48" W, along said right -of -way, 8.65 feet to the point of beginning • u bdivislon as recorded in Plat Book 96, Page 111, in the Public Records &pIm Beach County, Florida. 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W. w > SUBJECT PROPERTY 0 w > 9TH wi > PLANNING AND ZONING DEPARTMENT Q Q Q w � Ln � w Q z z z 7TH 7 ELDORADO LANE z SUNSHINE DRIVE .w w Q z LAKE TERR. -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1439_1001 Hibiscus Lane Plat N � SUBJECT PROPERTY 0 1001 HIBISCUS LANE PLAT LOCATION MAP PLANNING AND ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1439_1001 Hibiscus Lane Plat a F �. 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TRACT A 3282 SF, 2s E 21e.a1 S89 °54'26 ''E 218.78' "PLAT LIMITS NW 9th STREET PC 138 P BC 1C1 3• LOT 21 v.,. vs, I P _w.. i a November 13, 2013 P &Z Board Members Re: Subdivision of 1001 Hibiscus Lane Paul Dorling and P &Z Board members, t NOV 14201173 PLANNING The applicant is asking for a "reduction in frontage from 100' to 25'. Whether there exists a "prescriptive easement" is not relevant until the LDR requirement for a minor subdivision have been met. A waiver or variance must be publicized, with the proper notification going to the surrounding owners. The fact that the EXACT "prescriptive easement "issue was denied for a property on the same street, (Hibiscus Lake Estates, attachment #1) would result in "special privilege" that is prohibited in section 2.4.7 B(5) D. Stewart and Shelby is using Marine Way as an example, in the Marina District, to try to justify having only 25' of frontage. This property, in the Marina District, was land locked and would not have been buildable if the proper road structure had been required. This is not the case with the subject property. There is enough land to develop 3 or 4 lots(attachment #2), all with frontage and with the proper turnaround for the emergency vehicles (see the attached drawings) as required in the LDR's. Lot 1 of the Colnon Subdivision Replat also had an existing frontage similar to 1001 Hibiscus, on Hibiscus Lane. This frontage was a part of the platted lot and not a "prescriptive easement". The frontage had existed since 1947, but was not allowed to be used as frontage when the property was platted, because it did not meet the required 100'. The lots being created had to be redrawn so that Lot 1 had frontage on the cul -de -sac in the rear of the house. Then a permanent easement was deeded for use to Lot 2 and achieved the original layout denied by the P &Z Board (attachment # 3A). There are other numerous example of P &Z requiring the necessary frontage need for a particular zoning district for minor subdivisions and also the requirements for emergency vehicles: Little Woods Estates Hammerhead (attachment #4) 3 Lots 1.0 Acres Seaside Cul -De -Sac (attachment #5) 4 Lots 1.3 Acres Hibiscus Lake Estates Cul -De -Sac (attachment #6) 4 Lots 1.8 Acres Colnon Subdivision Cul -De -Sac (attachment #7) 3 Lots 2.2 Acres Wallace Square Cul -De -Sac (attachment #8) 3 Lots 1.3 Acres All of the above properties are similar in size or smaller than the subject property. 1001 Hibiscus 1.7 Acres The issue of "prescriptive easement" was discussed with Mr. Dorling during the platting of Hibiscus Lake Estates. According to the city attorney at the time and Mr. Dorling the easement only pertained to the entire property and not to a newly platted" section" of the property, since the lot is accessible from another street. Access to the easement had to be abandoned and closed as part of the plat process, or proper county documentation had to show a "legal easement" existed. The city has also received a letter dated September 30, 2013 from Gary Eliopoulos regarding this same project. In the letter Mr. Eliopoulos justifies reduction using LDR 4.3.1(D). This section states" No yard or lot existing at the time of passage of this chapter shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after October 1, 1990 shall meet the minimum requirements established by this chapter.... Lot 1 of 1001 Hibiscus Lane Plat was NOT created before this date and should be required to meet the minimum regulation of the zoning district. This plat should not be approved as drawn. For the above reasons it would show "special privileges" to Stewart and Shelby. 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LEGAL DESCRIPTION: RIGHT-OF- NAY EASEMENT ,q -1 FAVOR OF LOT 4. COLNON SUBDIVISION REPLAT A port OApf Lot 1, COLNON SUBDIVISION REPLAT, dedicated to Loot 4 as an ingress; egress easement, described as, follows: Beginning at the Northwest com rpf-said Lot 1; thence run S 44° 18147" W, along the Easterly line of Lot 1, 28,2et to a point on a curve; thence run Southwesterly along the arc of a curve right, 12.16 feet to a point on said curve, said curve having a central an $P15° 27'04 a radius of 45.00 feet, a chord of 12.14 feet and a. chord be O._ §, 7° 02' 20" W; thence run S 58° 56' 22" E, 66.84 feet to a point on the WY arly line of Lot 4; thence N 16* 56' 57" W, along said Westerly line of Lot O 47 feet to a point on the Southerly right -af Way of NW 1111 Street; thenZ 89° 18' 48" W, along said right -of -way, 8.65 feet to the point of beginning • u bdivislon as recorded in Plat Book 96, Page 111, in the Public Records &pIm Beach County, Florida. 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Y 30Vd 'I 1009 111d �9 N011030 1o1 d0 Z/I I5U do Z/1 M1 3N1 dp XO I1tlOd 03091JH INp "Idsl id0AW VlON r J \v ti H do sl IN ll lvld � I M .ZILf >.0 N .00'001 YI 'YI mI Z IL •O W — O_ � a ` &N 5 wu9 m to - c� w II �I III wl wl � III �I ° 115 151 M I�) 6 - II ° III II" I� to _ 1= IE g 1= � 11, 4 k W a o m a v� i ON I l d0 L/1 M d0 -00 tX3N3— —11. .0L'� / sit NLdHI do nd_ 001 0o'se y w M .00.10 X lod do L/I n do Ltl x do 3x111 ld. �— Val 3)IV� mI Z IL •O W — O_ � a ` &N 5 wu9 m to - c� w II �I III wl wl � III �I ° 115 151 M I�) 6 - II ° III II" I� to _ 1= IE g 1= � 11, 4 k SUR 01 !1 AIN 4 A 1AV V 7 VW7 Rp;x// -1 -Z07 sit Eli up j ot; 10 l 1 1 V mks 18 'S N oil III C. -role flCa , Aronson,,. Office.- S61.7W'707 * RIa: .731.2997 1500 Gateway Boulevard r Su a 229 * Boyliton .Beach, .FL 33:4,76 carola@arons.on.pa, corn November 22, 2013 Mr. Paul Dorling via hand deliver Delray Beach Department of Planning and Zoning 200 N. W. 1 st Avenue Delray Beach, FL 33444 Re: 1001 Hibiscus Lane Plat Our File No. :15.37.11 Dear Paul: The Planning and Zoning Board has asked that, as attorney for 100.1 Hibiscus Lane, LLC (the "Aplicant "), I provide the legal basis for prescriptive easement. rights to the west side of N.W. 6` Avenue. The east side of this street is a City aright of way; however the west side is a private easement (the "easement"). The first basis for the Applicant's rights. stenos from the easement itself, a copy of which is attached. The easement granted is "a permanent easement for ingress and egress." It is not an exclusive easement. In fact, it is used daily by the general public. Although the Applicant is not one of the owners of the easement, the owners of the 1001 Hibiscus Lane have utilized the easement for ingress to the property since 1962. Florida. courts have long held that an intention to convey an exclusive easement in real Property cannot be imputed to the grantor of -the easement in the absence of a clear indication of such intention. J.J. Wi it s V. L kes Bros. Inc. 97 So.2d 273 (Fla. 1957). "The general rule of law in Florida is that. an instrument creating an easement must be construed as creating a nonexclusive easement unless the instrument clearly shows an intention that the ease be exclusive.,, Ste as v. Dobbins, 511 So.2d 652 (Fla. "d ment is to DCA 1987). Therefore, the side of the street. Applicant has a clear right to use the easement for ingress. Egress is provided through the east The :second basis for the Applicant's rights arises by prescription. In Downin v. Bird, 100 So. 57; 64 (Fla. 1958), Florida's Supreme Court set forth the elements of prescription: "the right is acquired only by actual, continuous, uninterrupted use by the claimant of the lands of another for a prescribed period, ... [T] he use must be adverse under claim of right and must either be with the knowledge of the owner or so open, notorious, and visible that knowledge of the use by an adverse claim of the claimant is imputed to the owner.. , . [Tjhe use must be inconsistent with the owner's use and enjoyment of his lands and must not be a permissive use." This was echoed in Stackman v. Pope, 28 So.3d 131 (Fla. 5th DCA 2010), in which the court stated that, in order to establish a prescriptive easement, a claimant must prove the following: "1} actual, continuous and uninterrupted use b the claimant or an title for the prescribed period of twenty years; p y y predecessor in 2) that the use was related to a certain, limited and defined area of land; 3) that the use has been either with the actual knowledge of the owner, or so open., notorious, and visible that knowledge of the use must be imputed to the owner; and 4) that the use has been adverse to the owner —that is, without permission (express or implied) from the owner, under some claim of right, inconsistent with the rights of the owner and such that, for the entire period, the owner could have sued to prevent further use." The Applicant's property has had a house on it since 1962, . with a driveway leading from Hibiscus Lane, which is accessed through the west side of N.W, 6th Ave. The owners of such property have used the easement openly since 1962. The six homes that purport to be the owners of the easement (see caveat on this below) have not attempted to prevent the Applicant or its predecessors in title from using the easement, nor have they objected to its use. It is unknown as to whether permission was ever requested; however, it seems unlikely due to the nature of the ownership of the easement, that is, by various parcels that have changed Bands many times over the years. Therefore, the Applicant has net the standards for a prescriptive easement, Finally, our research has shown that most of the purported owners. of the easement have no greater rights to the easement than does the Applicant. The easement was granted by deed and did not include the successors and assigns of the grantees. Therefore, it had to be re- granted with each successive deed in order to convey the easement rights. With the exception of 615 Wiggins Road and 925 Hibiscus Lane, none of the six "benefitted" parcels have a continuous grant of the easement rights going all the way back to the attached deed. Therefore, most of the people using this easement on a daily basis, who believe they have an ownership interest in the easement, have no greater right to it than does the Applicant. I hope the foregoing has been helpful, and has demonstrated the rights of the Applicant to use the easement for ingress and egress for its property. Very truly yours, Carole Aronson CA:.mmi Enclosures cc: Chuck Halberg MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Esq., Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: November 26, 2013 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 SETTLEMENT OFFER/ CITY OF DELRAY BEACH V. PALM BEACH COUNTY PBA ITEM BEFORE COMMISSION This is an offer of settlement in the amount of $125,000.00 in the case of the City of Delray Beach v. the Palm Beach County Police Benevolent Association Inc. BACKGROUND On September 30, 2009, the Police Department completed an Internal Affairs Investigation on Michael Brown and recommended termination. The City upheld the recommendation and terminated Mr. Brown. Mr. Brown grieved the termination and the case went to arbitration. The arbitrator reversed the termination and ordered Mr. Brown reinstated. The City appealed and the Circuit Court vacated the arbitrator's ruling. Thus, the case is effectively back to its pre- arbitration status. Mr. Brown and the PBA have agreed to settle the case for $125,000.00 which would be approximately 66% of his back pay if he were to be reinstated at the second arbitration hearing. As part of the settlement, Mr. Brown waives all right to return to work at the Delray Beach Police Department. If the case is not settled, the City's attorneys' fees and costs going forward will be approximately $50,000.00. RECOMMENDATION The City Attorney's Office and the Police Department recommend approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor THROUGH: City Attorney DATE: December 4, 2013 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 SETTLEMENT OFFER IN PREVILLON GASSY V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION This is a mediated settlement agreement for Commission approval for Previllon Cassy from the City of Delray Beach for $25,000.00. BACKGROUND This case arose from an accident that occurred on January 11, 2012 between a City Police Department Volunteer, who was driving northbound on SW 4th Avenue and a bicyclist who appeared and attempted to cross the street. The bicyclist fell off his bike and sustained a fractured patella (knee cap) and abrasions to his elbow. The total medical costs are $11,029.00. There is also a lost wages claim as Mr. Cassy was a dishwasher at LaBamba Restaurant making $10,000.00 per year and could not work due to his injuries. With pain and suffering and future medical costs, the case could exceed $100,000.00. RECOMMENDATION The City Adjuster and the City Attorney's Office recommend acceptance of this offer subject to the receipt of the appropriate release. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 4, 2013 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 APPOINTMENT OF AN INTERIM CITY ATTORNEY ITEM BEFORE COMMISSION The item before the City Commission is the appointment of an Interim City Attorney. BACKGROUND The City Commission shall appoint an Interim City Attorney upon the resignation of the current City Attorney effective 5:00 p.m. on January 3, 2014. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 5, 2013 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 RESOLUTION NO. 58 -13/ CONTRACT FOR SALE AND PURCHASE OF THE OLD SCHOOL SQUARE RETAIL SPACE ITEM BEFORE COMMISSION The item before the City Commission is Resolution 58 -13 which adopts and includes a proposed Contract for Sale and Purchase of the Old School Square retail space. BACKGROUND The City Commission, at its April 16, 2013 meeting gave direction for staff to draft a contract for sale and purchase with the Creative City Collaborative (CCC) as the buyer. The attached contract for sale and purchase provides as follows: Purchase price is $2,500,000.00 with a deposit of $1000.00 The CCC shall have a 90 day due diligence period upon the execution of the agreement and shall have until March 15, 2016 to close The CCC shall pay the doc stamps on closing the City shall pay its brokers fee The CCC shall take title subject to the City's lease agreement with the CRA and upon the expiration of the lease agreement, on January 31, 2015, if the CRA does not renew the lease agreement, the City shall lease the space to the CCC under the same terms and conditions of the current lease agreement until March 15, 2016 The City shall also provide a storage area for use by the CCC In the event the CCC attempts to sell the arts space, the City shall have the right of first refusal In the event the space is not used as a cultural arts hub for a period of one year the City has the right to require the reconveyance of the arts space to the City at the fair market value The CCC shall pay their pro rata share of the maintenance costs of the garage The attachments to the contract for purchase and sale are the Master Declaration of Covenants and Restrictions, which allows the City to assess the CCC its proportionate share of garage expenses and imposes use restrictions and contains the right of first refusal and right of reconveyance; the Declaration of Condominium, which establishes the garage parcel and the arts parcel as condominium units; and the Agreement for the use of the Storage Area, which allows the CCC to use an area, separate from their space, for storage purposes. RECOMMENDATION Recommend approval of the purchase and sale agreement. RESOLUTION NO. 58-13 WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at the S. W. comer of Pineapple Grove Way and Northeast I" Street; and WHEREAS, the Buyer hereinafter named desires to Up 16 j@*W**W for public purposes hereinafter described from the City of Delray Beach Florida; and 'BHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. am% BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL RA4 MM"M XVWrUj. JkS FOLLOWS: . T%* Aq Qty Commission of the Ci* id MMRy RWoa, Xsoita, as Seller, hereby MWM 9 Ed V & QZM" M Coallaborative of Delray BeafflJ6 bffi., a NW, jM"r space on the first 1%" 04 AN Oil §42* h=W Mking Garage, for the PuN&O" 1460 44 Tww Adlion Five Hundred FAM" AM MW X*&@w ^10,000.00), and other 9004 MA 90ifth **wWWwtion; said property being more jugOm" OnjoW lk Ifollows: See Exhibit "A" S .�:,i AM M Inns and conditions contained in the contract for sal4md addenda theRfi* Wkowft We OJ* wf Delray Beach, Florida, and the Buyer as herei incorporated kwjj6 a WeRM 6W1. City C—Ier–k- PASSED AND ADOPTED in regular session on the , day of _ 2013. MAYOR klls EXUI -4 1.1 0 MOMM EM ISURIM MOjhAMFMDI"QAlCID1ES7CRIP..7 ��JIMWWMEIWISM ii �Y. 0 71le . an 777777 n to fi 38R EnginelL,;MLM"rsland �pe r A 31 as RIMMUM .............. SHEET — ... - ..... SHEET6 SHEET 7 ......... SHEETS I ti 0 w- SQUARE GARAGE RETAIL EAST RETAIL SPACE AIR CONDITIONING EASEMENT AREA CIND FLOOR) 0 111040MM"OlMl MIR 0000*"MM" EASEMENT AREAS (2ND FLOOR) Oxim VAWOjOFjjj EOOFmTI l0 0 R FDUCHOO )Ism 4--iiil(-JL'AF]PESCRIBEIWSLOTnWS ENT AREA I L0GEJWEFjWJ" EAE [�111NTII'A"�OTHENCE N90'00'00 'W F ' 2 IN -�E'GINNI&lMfiiiJCfllS0 )0'0 " FO . OFEC-T;.THENCEI,79070�07o;��OR rF EipE=ENKZpZZZl= EEjt�� FLIM l 4 VOTNFTMH� EAEEIE Omm c EAS ;ORNFa)ULRACililMOLFOU CHOP WO'TARI]PAFRKINdETAFrG fOR 0 ID NO g3 DI E EPIC -ElLy6lWA2 vil n-nnl, 0 EN E1400iDVOG goo"' '0 t�uqjl4Kluumv,llllllllll 11 .. 09riallix:1 I TU 6%wm SITUATE WITHIN THE CITY OF DEL RAY BEACH, PALM BEACH COUNTY, FLORIDA. . . I - Engi 310 S'E, 6 1�24 Amm OLD SCHOOL SQUARE GAMAM MRV%R EAST RETAIL REAL PROPERTY DESCRIPTION R�iL �T EI7E��t�'Ic ECI-"SQ11AWR DEMAND PAR ! R NE 43 EAS T N WAROVE ICA MESA N 929) N I. N00 °00' IIN`f OF BEGINNING. 9 I�i'UAiE, 7`IHfN— mTI I E ITS` 77 liq CONTAINING 10,269 SQUARE FEET OR 0,24 ACRES OF LANG, MORE OR LES1. 561, 4 OLD SCHOOL SQUARE GARAGE RETAIL !EAST RETAIL SPACE mv HELLER-WEAVER AND SHEREMETA, INC. Hell np N on OFFICIAL RECORD BOOK PLAT BOOK PAGE POINT OF BEGINNING ELEVATION NOT TO SCALE SQUARE FEET Hell np N on ill 1 17L ; EL R-WEADER AND WA STATE L.B. NO. 3449 Am WOONIEL C. LAAK Z SSIONAL SURVEYOR AND MAPPER , ki 1& .1 v - -- _ ■ i7u 15 4 77, u L POINT OF COMMENCE--*- NORTHEAST CORNER Br i Ri"- � OF TRACT "A' OLD SCHOOL SQUARE PMAMM GARAGE AND PARK SITE (PLAT BOOK I11, PAGE 49 ■ W-2 IN of ua Lu co 6 ZMMIFTI L 56 4 70-9"anqM5jr4l8JJjF 0 R --F- ETA & Em TE--RTl UA-1 96 E3 IN Z)AMW AND UPPER LIMITS OF RETAIL SPACE N5S� =IOWST Tn CHEQT� 'EL =293 is 0 0 1 cl 0 Orin A ION kl0WMRE0 NoTow ow. 42Rrmj6" . c OUNTYmBENCH MARK "D-32" ELEVATION 20,353' 0 CONTRZT vQm vmucwa= mkND SALE OF OLD SCIAM W74M PRA&E ARTS UNIT AWWMEI fflL%ELkmgmw"A 4U&16l1;-ss%s roe 0 we T 49767,GWI A& mdq larlam it aMXCNMVMWWT I ILI Lu—rchase Pace of the Unit. ■ %M himMise Price, including the $-2,50Q,000.00 L^ Mmoments, and License for Storage, CcTotlf maw A%A mrat $_ 2,500,000.00 302 P r t Total Purchase Price of thil Unit shall be payable as follows: OTeQ0I'( b 3.3 This is a cash transaction with no contingencies for financing, 77777774 7777717777,117 111011VA is ns n I en e. JOE M 6 2 3 E SS m 4J sts. Le713"2� F O"a Uostq Ile ana acKnowIMM HE M6 IAWOM J6wmal Budget 4EW AMOM 16 *Wig an estimate of what it Pw*wA� *Oft V Mbffift repair and mom ilk wo"Whw%& (ii) Intentionally omitted. M—onaiWee OntractiWnef IngtMitransactioA examination fees. *R Wwwws' title insurance prenA*16 I%P w9hIMIM Aid title 1� ti 1uh I Ox) The Buyer's attorneys, fees and costs. W UtW UNO*dm low U&y deposits, impact fees, Pod feens IETA My other additional costs jVpWMj * authority, if any, for nar MMIC! M=Mm by Buyer subsequent to a MM&aw* wM" Contract, 0. 0 10 All real estate brokers, fees rIN bmwUMd& ffgw� Aw Purchag kM M�ft AM X %ffording of Deed. 44 MIlParation, of Closing Docunao Ig MMSpW ja W� TIW Seller's attorneys'fees and costs, ti MMR&* OM U10 *am*"* Ow n9mmin amounts, &ff**iw vpi& MIMEM 19�w MMW Mi MEM 11 IM ' amendn= Imsm. U &*mow &W..M Miff ft am IMS A v lk M"w4t =I==w e balance Ao* A M4%L 9W g" gWjwww %VPMjr IMIML MWM,,6 All payiMM MM in EM 16 MAW g0j" %& immm 0 is 'am 77 HN 494(-16274550.5 *767AMI R& M* -au %Wt4A u ■ I 44expensezvathir.4sixtV a"atecawr qVlll(jdc;i�uCm b IMM 77!1= IM02AU16 COAMIMWMrr9MW5eWwJW UNIT t-: bNOM—MENS 99 04ftgWW Ilomplete as of the Effective Date of timmwk 160 Mma *wwwm*m4jwV* ggggqyy $$2Rp Rhm** 4946-1627-955M 7 41767JME H& " JCW.04 Am a (19 v ediatel LTZIMLM3LOMilmisroiaunaronvei=hmui,,s It6.1 P%e making of the Final PMMMM W IMM MM Monatim tancNig MJ6kjw_, 1 MAKTIbet wee JAd e oslo, M=aM =iiureat runs 7=2=7 u in 777 a thetto; 4846-1627-9550,5 MW 48767/=l JAM atdq of Selleor and Buyer shall promptly upon receipt thereof turn the same over to Seller. lllr vely, "Broker), are the onlym Brian Aosen Cooperating Sales Associate, if any c1sa pus slihir :g BroMeif any (single agent) Ct—para!= I&M—ft-WA414"i CIaJ%JAVU MLZ3�� gen 11 S t e TUP41219MOOHMiMall survive Closing and/or the termination of this Contract. 484&IC7-M5Q,3 48767 ■ 0767 R& =4 this C dM 'a MMMKW " am WmiM IM 4MM ML MOW IVOmL or obligations hereunAw,- so M rmm Mp VgjM ht jWMM MM&NO&W. FW*RC "dLcCaQhZiaV'I—mwh f" on � `� � � \ / P!A.V1SI0IoWm 103 Im 6— S-- in Ar JO Mftll� %PAm=6m r"igiw A control over prurtij bW "WMW� M& OW&*=" r"wm"V W9 4a i FM MM MWmWen and printed forw k""W. 103 !anderandNumber. All terms and words used -Aqkp QMHMM MpMWW6jjJ& 4"64M.SSSU Page II of 20 4"GIM01 im mdq ■ numbet m& mm" AA k &Wffip�ffl 'mgp rm F qmW-m %Ombx or use = NW aft ,%jjIjgw IS jWnit, d Venuec Buyer certifies 4mu 2W a gvO*A%&s Contract u rs while 16 16 1MM&7U4tBuYer's own volition and WAt I& Wpqk=p wW B)t solicited either Ir UkMIMM IF M IM another state. This Coran gM M twabo" under and interprAM 16 &* hm of the State of Florida, anM ww" "M OMMWW V MW litigation arising IoWq=Mjff TO PM Meach County, Florida. M@M—M& r"mmKO ON h0bb 10-MV), Florida Statutes, Buyer is hereby notified w* hWww amm r Creative CIF Beach c/o Robert 1. m 1W. a 'rw W*tions contained herein are included solely for the convenience Of the AMAR Mi 9M MW IM W waY, modify, amplify or give full notice of any of the terms, covenaAk &I AWW6w *M" 5ontract. V 710 pLgivisio erei �1 uteri) t JM h IV= Ib UI by virtul sNis 91M In M both PaI " d"" meys, negotiatis m4lia tf B in the a bi r(n Trac s S CS nvq I i gri OF 7P-FMFr—n-,i 4X almeanin 3771777777,77411ale'.114 d-TW&;"QMujcjmj7 ftontractlI M=C3LZ=:M%U1T7W7177r7c. 10. 117 16namm it The Parties agree to execuom A how* and take all Rather aMMa 04 wwr U owmewably required by any Party to fully effectuate the terms and provisions UN& 6WOMW Mi 10 Mareactions contemplated herein. 464&1627-8550,5 Page 13 of 20 49767 MI JW rI I[NK4ET9i21j=jlkj�A 777777 III UI cm I I ions Pon WacSucI7uhI,iFAtii=lm— "777TTUbjec on 6ja�IL7M` egwanoL22mie 771nw��j,�I *mtract or je © &Aenie .me» c gulation I Em ... ....... W liability sin U& " IN 4W mi ft ohm s W " o im P16M "a MMRPW occurrenol &Md MMOWMJ 7 (d) Any action % V% Aff ip Tq&M MOMM MO MS &a jut AWqr impairment or waiver oC6 Mp MA tl�& Ap 0* Ww"M a xqy�ation with its governmental b JJMiM 1299 err A IMPORTAM MMMMV, 16CLOSURES This paragraph shall survive closing. JU A NkEW UiW s M&A M'A MWOomMiq k the same form as attached hereto go WORM"Aw MO IMM to by the parties in writing, and 0 046-1627-8550.5 Page 15 of 20 49767,Ml A& mdq 12.3 Intentionally omitted. I h Ow ARMIM 1100 Sw wA fwtr into this Contract, and it has been Fur* w AMA P jg� .a for profit corporation. Buyer shall En PH= ME& an= is MAMMA ME= 0 0 0 q TN WITNESS WHERECV� tm Wslow &w" under their respective signatures. WMErs'771 Print ame: Print NaWg- Print Namm k M Lm MEMO CITY OF DEL RAY BEACH, Florida Municipal Corporation By: Nitene- Title: CREATTVIt CITY COLSABORATIVE I RAY BEACH, INC., a Florida not-for- profit corporation, d/b/a ARTS GARAGE 0 ---------- rum I 0 DECLARATION OF CCU TAM UMEMU ml� MASTER DECLARAnON -W 494&16274550,5 49767=1 A& mdq xi LICENSE AGREEMENT FOR STORAGE o EX�HMJT "C" IelTe a s 37 e 1. Jk& 1044. c me terms and condigkgM 1M I . ARTS PARCEL shJM Mom OMM46 AwM.AO 1W w9jimirg for as long as the ARTS, fJUWW MmM &eAo Mapilk "a Not It IMM #f the terms and provisions *jig UkMMA6% M1 O""f(gr skrzim m. tok. 3. 4WIN ]PAMW %plig MM OM PFM a 16 J& MrIT Raw M lat wt a the same, a& OM MMM 101"Wh *M iMM"MR016 tMW, MM W 96 XwUoA6q by ARTS nAWW jWW"W& IS grgigg EF l pM — 4. IJPM%4� of ARTS ftft�ftll mM meJ6 signing of&P AowU=. Im= :=MAO 295. The CITY shall not be ARWM& #6 MWW*A*.Iay loss, damage or injury t# Storage area or ARTS PARCEL or toW Er UMEM W FM0F1r1y, by reason of the condition, or P* ( No 11 MI A m1IM TIAKA6 AaR maintain the personal property, real property, and fixtures of the S**& Ao*"4Mgwj qmmWon and repair during the we of the Storage Area under this ne 777 Onrem SLUAPLO N m ��MMYArxvance am r 10TTV111tawl nlhalfu a cc ursrjOT?T)tV'=J5;kT , =C0Ujt0reJdUTRM73 n If to Garage Own= UM Mulager VV Olty Beach M rr I at Avenue WOW *each, FL 33344 With a cc& Iss IMVAMarney kft *AMlray Beach MPA�f 9 cAvenne MWMM# Week FL 33344 14777� 15. ARTS PARCEL shal IS MMMjMj Ig MEM WjMWMmm l&r& vehicles and equipment with respect in MMAFf 004 ""&lml I MMOM MMMIP@m fm Aeliquired by the State of Florida); commercial Mmmj 11OW MmooW, As I&V * pignpWi WPWjy which must be at least One Millicil %okm fflkW%Ap.j# 'i ZMMWW WRM&A mingle ANN% M1 PMPV AMM MWance 91 to Three Hun IMUMd- AMMMIM Qtlr X "A AMMOwd insure and loss payee. ARTS GARAGE shall hunih 00*60" WN�� & 1W Mquired insurances that must be current and correct, onp H AMAIMM ot go I= of the execution of this Agreement. 16. This Agreement shall be governed by the laws of the State of Florida, 17. In no event shall thk MIUMM OwwaAwal as a lease, easement derficad conveyance, or any other interest k " pwp*, 01 CITY 01'� LAUMM MM&Mk Awida Municipal Corporation BY- Witness N. W. I st Avenue COLLABORATIVE OF Witness a Florida not Witness Date: MIM M CREATIVE CITY MMINIMEDW7977-71 for profit corporation M EXHIBIT 4G}? CONTRACT FOR SALE AND PURCHASE DECLARATION OF CONDOMINIUM To STEVEN D. RUBIN, ESQ. 200 West Palmetto Park Road, Suite 301 Boca Raton, Florida 33432 AID ExHip-rAllm PREPARED BY AND RETURN DECLARATION OF CONDOMININEI 1-11 M 0j* I . SUBMISSION TO CONDOMINIUM: 77727pr 77" cmarmMoo It = Whmer provided for in the AA. o?3Q=rffl% the "Old School Square Garage, a 1606100,640" ��ats i. NAME -- ASSOCIAMW -- "6 mmm *Nks Condominium Associatiqu in %W School Square Garage Condentim � &7mtt77 ]MV.90 Association is incoVmyftrhrywT*a for profit Florida corporation: 4, DEFINITIONS -- The terms used herein will have the meanings stated in Florida Statutes Chapter 718 (Condorainium, Act) and as follows, unless the context otherwise requires: '01 The share of the funds required for the payment CZ nine sarefe etwHn1,o-bogj or by spMjd 4.2. ASSOCIATION -- The corporation responsible for the operation of the Condominium, -namely, Old School Square Garage Condominium Association, Inc, 4.3. ASSOCIATION PROPERTY --All real orpersonal propertyowned or leased by the Association. 0 4.4 ACT -- means the Condominium Act (Chapter 718 of the Florida Statutes) AWdWs on the date this Declaration is recorded. 43 BUILDING -- means the Condominium Improvements and excludes the unimproved land. 4.6. BOARD OF FMOMETM iff AWFORS or BOARD -- The board of directors responsible for the adminiMM&& W%s. Aw**&Mm ssoci Invis 718.116, In HUM I=, 11 Sk AM& k 04 NOWL dws An Ot W ams 4 alkm agmia the Unit owner ptiogggg Or4bil QW&EMNL use et ancen,pperano 7 ems I—. am 4.10, COMMON SURPLUS --The excess ofall receipts ofthe Association above Page 2 of 23 0 4a Common Expenses, 4.12. CONDOMINIUM PARCEL OR UNIT-- A Unit together with the undivided share in the Common Elements that is appurAmt to the Unit. 411 400SEMONIUM PROPERTY -- Thip Md ga MMMEJ jWrtC both ISM& 04 MoMMW MOM RD condominium ownershil* Mk=w ar wo o*wj�guous; all S%jW5&m&S6%*w** att A omments and rights appurtenqM &M. 4.15. EXHIRITS: X 44 M77777: SSOCI L:md= 417. INVITER --AM ME= ROL It owo*wpwa Unit on arary basis at the invitation *I In TW Ewwm. 11 ssl 0 lalg sur-anctIC0111T) i�J "rjtrjt i I ro 1 cuirtalesiplAzi&Menca r ff -- fhe grant by a Unit Owner of a temporary right of use of the Owner's ii= IM t &&M awMeration. 1 1 ~~ olallon Ir-2ement ;1111111:::�-% certai 1'mjtj12M=1MMMtnff� 4.21, OCCUPY -- DMM WMM%;M0&"y present in a Unit on two-or more consecutive days. An occupant is am 4& wM=jMmrgfflk 4.22. OPERATION -- The administration aA mmmpm= aria ��hmjnjura Property. 4.23. PERSON -- An individual, corporation, trust, or other legal entity capable of holding title to rea!p pew. 4.26 SINGULAR, rZAAA% MMM - nwwwmw Aw osowa pr@�k, use of the plural includes the singular, tLA Vf4a Wjp&kp .2... no 0 RM gender includes all genders. 00 S a T o4QoIvwTTIjoPQIroa3I er oun lit n Includecil rju 77,cI7L7&r77Rj7777jIT7TTIF_7 777771 5.4. OWNERSHIP --The ownership ofeachUM 10 MMpMAW and whether or not separately described, all of the rights, title, mt kowoo 111 Riot r;6" Condominium Property which will include, but not be limited ta OMM J* ON ELEMENTS Limited Comcma'ALROM *A mV WW W �md to ImIMMEBW 10 MMIFRM services, as applicable, %A . A&=MENT FOR AIR SPACE -- An exclusive casement for use of ffimzgfflwreconsfructAjfromwif�� 5.52. OINGRJW AM IMRNR�,ih mg-exclusive easement in favorM%= Parcel Unit Owner, its guests and tot= 00 MM 10 �ffestrian and vehicular traffb ow% 5.5.3. MAIArAWAMM UM%k AND REPLACEMENT — Easements throuaL I pillWililil �aUnitsand�Comm�onEl Property are as fidloviso. J111i IMT-ITIES -- Easements throu*& &w= and Units for condijiL JWg6 IhEMW M& wiring, and other facilities *0 26 hwkAku *lces and utilities ts AM WA%wmA Mo Mkwmon Elements. rMe rill 5.5.64 SUPPORT — Each Unit shall have an casement of support and of necessity and shall be subject to an easement of support and necessity in favor or all other Units and the Common Elements. MlOo* Tfr&& I MkIMEAMANT, MW2ns2 III i0j"ntena. 032M MIT= jgi�� 1-m-1111 11,1111 ioiilii and the Limited Common Elements, if any. The cost is m RNmmww AMUlit WpZVW lip Association!s responsibilities do not include: im the *W*W*=RAM'"F =*&wAM* oV& md replace, M RON= K M M&NMA" *r I" Am" 560*%*26 MMF77`77-71 eWj Tames ftiace;?Ic t 611 All interiornon-structural walls withintheUnit. 6.14. The electrical, mechanical, am?? Mhjlbj�M JhMt pjjW fixtures, switches,, Unit and serving only the Arts Parcel Unit, MAN WO AW&kolhr gad CWQM Unit and all electrical wiring going into the I-J& &IM liff WMMI.M It FEW MMO JWWt "G"Which is attached hereto and made a pa& %Pwoe 6.2.7. All air conditioning and heating equipment, thermostats, duMj!jrd IMMUT771 I 6.2.12. Other facilities or fixorms that are located or contained entirely within MEL= and serving only that Ural the Unit. 6.2.13. All interior partition walls that do not form a part of the boundary of 6.2. 14 Water pipes exclusively serving the Arts Parcel Unit, 6.115 The cleaning of the unfirdshed surface of concrete floor slilmd% 6.39 OTHER ARTS PARCEL UNIT OWNER RESpONSIBILITISS 6 °341. ° INTERIOR DECORATING -- Arts Parcel Unit owner is responsible for all decorating within the Arts Parcel Owner's Unit, including painting, wallpapering, paneling, floor covering, draperies, window shades, curtains, lamps and other light fixtures, and other furnishings and interior decorating. 6.302. WINDOW COVERINGS -- The covering and appearancl of the windows and doors, whether by draperies, shades, reflective film, or other items, whether installed within or outside ofthe Arts Parcel Unit, visible from the exterior ofthe Unit, shall be subject to the Rules and Regulations of the Association. &11i. Mwwaft" adkAwance, repair, and replacement ofthe modifications, installations, or additions; TM11ra bIML 7�r 00 iff Waiting any damage to the i%woum Elemenig M AWIM off lba at ~&mwo *? ouch modifications, installaiM R additior&M 63-11 The costs of`remc&AqOAbw#N6**&wA&Aqdjing such modifications if their removal by the Association becomes nqsmW �t alknu n, repair, replace. or Drotect other naTtq nftT=L=dnmj 7. COMMON ELEMENTS 7� 1. SHARE OF — 1A* X�P� will be owned by the Unit Owners in undivided shares as set forth in ExAUWW. ImAnwam Annov rm- afalnel no —,"Att+o"a� —A � tL QWWTORS AND OFFICERS UWAWMr XWRKWI% Associatiom &A 2101b" d ua Dire W"if= 07771 Kt( of the Association. 11. =14OWTM M JWWM AIM CASUALTY -- The proAm & reconstwoMm mA An I%M&M iM 4MAWAMeasualty isgovemodbyanbgLM in the AfturiMMIannIM iMA 1 7 Im I f 1111111!1111111111111iiii, Imp—rOVIISIODAmnull fmm3m=U==I!0Iii= 12.1 . RULES ANIS WMftv6WWM - 190 M*" wMNONtm mm slopt rules and regulations concerningthe use oO%r6UJMMMM JUMM, 00=011 IAM�,M the phor written consent ofnot less thanse M Impm,""MIP"VOITS Use and occupancy ofthe Units is govermA it &PNwOw Am&F&on. TIM i 777777 P7777M b W'Uond Ic QUuejb&p VJ n i W- 0415� v T"nurn W-Fencre mpmmm MM**aja#iw use of the Unit bt Qmmmm ampm PZ MI! 7 se In Whemexten III RAIAM I " LnUm inateto al 12. 10 UNIT OWNEIL 13-1.2 LEASING PROCEDURE - 13.1.3 I WRITTEN NOTICE — Not later than fifteen G 5) days before BMJWM dak of occiiLaancy under a leas limw7, tnit Owner. The notice shall include the name and address of the lessee and a comet and Z77pVe copy of the lease. MAW 77 nit 'a 'xMb1V;9Fhe1A 0 a* 11.1 CQ1ZLMRY AMENDMENT --Whenever it shall appear that there is a JNNA� MR, w *mK^w It ww *F the Condominium Documents or in order to comply with =Ndb irw 4P jovernmental entities, the amendment may be adopted by the 19111160,W 6100M 15.3. REGULAR AMENDMENTS -- Amendments may be enacted by a favorable hPoxwom k the Association. ji"A MOT166) "On omi� 17nnelcon E& 15,6, MORTGAGEE APPROVAL -- Mortgagee approval of any amendments is Wred. in Tie ora of busindn. Imurse 15.8. WRITTEN ANNIMHWINO -- JEW Maroval of Unit Owners on any matter called for 111 hereby expressly allowed to be ta]Mr JUNWd 9MW& MWment, without a meetinA (which agreement may be in counterparts). 15.9. Notwithstandivq apb% fo *qgjW contained in this Section 15, no amendment shall materially advers4r the Arts It P%=fflN&&WW -- The termination of the Condominium shall be carried out in accordanow *P% IBM== affloamed in the Act ao 7 17. RIGHTS OF MORTGAGERS i ,XLLLSSA1rjanASUc1?!ke7i WO upon default of such Unit Owner hamsw&w -20. ASSOCIATION AG2LLkW4j — IM AmmMM At MMM Im Imiter into agreements as may be permitted by A& Mwg@WMm 22. ac I W.Qft,j�pv7nm�h7rT- ' n i =. r 2 T/ Li M-=Tl . . .. . ....................... 25. Notwithstanding anything to the contrary contained in this Declaration, W 010 Association's Articles of Inconsoration i Bylaws i or Rules and kemilafi n I the Onsent action to approve: 25.1 Any material alterations, improvements or szkosmN NUMUMMAW"Mut Elements or Association Property. "Material" shall mean the co**4,"& jpb In= JI jj� or otherwise ahanigns f Mne.P A W M � Ni: i, — - LbP--rLQA==u:=JMt777=, 25.2 The execution of any contract for the purchase, sale, or lease of any N"k services, elp"M IOMW A jh&onal property in excess of $500 .00, excepting therefism %7 premiums for any required and approved insurance coverage16 25.3 An annual bueW%6*kft 9Wrq% ifflay, which increases by more than two percent (2.0%) more than the annAW MVm= Jw 1"4mw calendar year; 25.4 The filing of a lawsuit for damages or injunctive relief, other than for the collection of unpaid assessments; IP, VII"WSMW7 provider, 25.6 The retention of a manager, employee, attorney, or other pridessionJ ap& AMQMMUWlements, Assuchubw X*WwIL M TJj&L gMMMM IMMMW fwj"W tor.g. 0046" VM.1 11-6 property; 25.8 The granting, modification, moving, of'vacating of any easement or crossing of 25.9 The preparation of any financial reports OMM 140040m *NW6% a report of cash receipts and expenditures; 25,1 The payment a **w&ww%44% *1 in ffificer or Director of the Association; 25.11 The amendment of hurricane shutter specifications; N*Uft 25.12 The provision of cable or telecommunicalIKE is 16 AM"ation or m 25.13 The exercise of ap JMMM Jw*%A*ft 14atme in the case of an emergency declared pursuant to F.S. Section 0 pp 25.14 Any other action which a Statute or the Act permits or requires Unit O a roval. wner L-AMUTI MEL — — ------ (Municipal Seal) Printed Name City Clerk STATE M *AM& COUNIY-QV TOM" j6jjxwjwmm6I 7 A AA 201 by it Mft= 11 AM& Uitporation, who My Counfission Expires: Notary Public Property Control NC. L77gm7I2ZR w Ell") �j 2a OF ■ OLD SCHOOL SQUARIVARAGE CONDOMINIUM ASSOCIATION, INC. A FLORIDA CORPORATION NOT FOR PROFIT JJIUCLE 1. NAME AND ADDRESS The name of this Corporation is OLD SCHOOL SQUARE GARAGE CONDOMINIUM ASSOCIATION, INC. For convenience, the Corporation she,* U ZUWJ b k Wk 6watuent as the "Association," these Articles of Incorporation as the "Articles," and the Rflasw #9 & EMSE else= ssocia7 "ors is-250 ARTWLN 1. V%W W 4MUTENCE Th VEMMM AWNWW perpetual existence, ARTICLE Ill. PURPOSE 0 TM SAMMOM 11 &ed for the purpose of providing an entity under thdi Florida Condominium Act ("the Act") for the operation of a Condominium located in Tel Beach County, AM � i ! " limil�i LO fam al Condominium"), to be created under the Declaration of Condo nu Awk"MW). ARTICLE IV. MEMBERS 0 0 The members of the Association shall Consist Of th ificafions is n 16-ly-M ef. W710A MMWMWD 077ICE AND REGISTERED AGENT Utin . �o"4 P".1,700 �es Park Road, Suite 301 Boca Raton, Florida 33432 and the name of the initial registered agent oft Association at that address is Steven D, Rubin. am ARTICLE VI. BOARD OF DIRECTORS The number of persons constituting the first Board of Mmunifimbft Mw *and their lemon= n 8 OIS ri I r illriTTfollow NAME ANDREA Steven D. Rubin 300 West Palmetto Park Road, Soho 301 Boca Raton, Florida 33432 ffh'7'77h'7'77'7 stn M�� &&A" 01 wMrw ARTICLE VH, VOTING i! M 1 an ki 0 111�qq��i 1 11 JE�ec �sporUtW_h�ondonn MM= of voting is more fully described in and regulated by W 0j4jMwjW 4A"ation. ARTICLE VUL OFFICERS The Association shall have a President, a Mce-Presi urep, and such other officers and assistant officers and agents as the BoaA AVRw**m jwr Mom I&* * jhp deem desirable or consistent with the By-Laws of the Association. ARTICLE T. -LAS:p provisions o By-Laws, the provisions of these Articles shall control. ARTICLE X AMENDMENT TO ARTICLES (7 bVAbHdAFjQH pi1,111�� I re r es 111111z�iiigi it is approved by not less than seventy-five percent (75%) of the voting interests of the entire en 11sqjUao JIbelfileAuq e Te:&=11 11111�1 11 111111 11 1 111111� 11I1111 III i dons UfUmni be recorded ansing the Public Recog" YAM AM WwI Florida, ARTICLE XIL INDEMWW%UU1W W R%MPr%RS AND DIRECTORS The Association shall indemnify Directors and Officers the Association in the manner set forth in tIN 1046MIL&AW Jkw*Adon. ARMCW IM P%4W3WT9=W WmIk MWTORS OR OFFICERS ARE rye 3:AjU hm IWA*p pw4o"A im identification and he/she/ikq L37mm (please check one) did take an oath did not take an, oath My Commission Expires Nancy Public CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILIP FOR THE SERVICE OF PROCESS WITHIN THIS STATE 113= M 7747 ACKNOWLEDGEMEN11 mmpt service of process for the above stated Corporatio% a4 Sa TT-EVEN-� Registere(I %MM -Q, 0 G6 f3 BY-LAIM MMMW SQUARE, AINC. INDEX TO BYLAWS I IDENTITY 141 Principal Office 1.2 Fiscal Year 1.3 Seal �194 Definitions 0 E et 777 ice 7 .7,777 rul 0 C uOru em 1 -777713777, MR"T rm n De V11811 Im a 0 I 1-5 1 1 1-2 2 2 P 92 A 2-3 10 AM I. 16 1 15 a 0 1i 0 i, M. 4 M 5 31.1 IKKKO 3P.1 VEMOM 1A 96VA"d Aj MMMFMM 31 6"w4Vjqgj %ding Lim MROMMks" :.fq Irma wMaign 161 L )A ftkm vF **A" f 1.11 gem A 1141 IOWA LIFO Aruw= AM AAWWkv race Telephone '04)' WmHMM QM Im Vembers !0.= &O"ba MMW 31.0 AA 1.9 301 8-9 I.M. MMMLIM WUMMUs by Unit Owners Other 9 1.4 OUontrol 9-10 3 TJ v %0 Ztector Quorum 10 POWERS AND DUTIES OF THE BOARD OF DIRECTORS 10-13 4,: M I M"MM if r*w&wA&"APr*V 10 4.2 JM6 6 IP fild 10 4.1 Alffig WY6ww * M& 10 44 10 4.J L" MMk6i% 7M@i& nd hq#W 40 10 44 Lhw"J J*wm&*w for Unpaid Assessments 10-11 4.11 WMWM IM I 4.4 No" IS hra jaements I 4.1P ISO" TmW I 4414 ijmmXjjw Qz juaM I 4,11 loq"Mb b rwrerty I 4,U Amiomm Q=n6ftnemlmeats II 4a Ul I" MAw nA Noffulations 19MM 0 4% Ah" &NOWNWIVI 6.1 M"A JW6gpbw *F tudget 777777 1111111" 6-1- 04" AVw%o A4*!ijM ve 0 wwor' A Agazin's- mJ61110W m+ ride A X *w;oMft hww* ad %WL 61 61 0 777 I 0 irec 7777777 row ecr 4% Ah" &NOWNWIVI 6.1 M"A JW6gpbw *F tudget 6A 1111111" 6-1- 04" AVw%o A4*!ijM 00 wwor' A Agazin's- mJ61110W m+ ride 6.5 *w;oMft hww* ad %WL 61 61 VII. ASSESSMENTS AND COLLECTION 7.1 Assessments, Generally 71 Special Assessments ��77 128 ■ 0 12 12 12 M M M I E 13-4 13 13 13 13 13 14 16-17 16 16 0 f-1 4MM Or QM than Common Expenses if 1.9 IAAFP jw t6mmsments wr M ARIMMIME16 linteled Budget 1W 0%&*Ahw.- Jmowmmit, Application of Payment A; LMIMIMENwit V 05W6*04w: M Rotice 11611 710 VIM � a X. OBLIGATIONS OF OWNERS I I. U INW09" 64i% Actions U gufflEw nw XI. 10-MBERSHIP I. PARLIAMENTARY RULIN XIII. RULES AND REGULATIONS 13.1 Board MayAdopt 13.2 Posting and Furnishing Copies 1393 Limitations on Authority 13.4 Reasonableness Test 0 0 18-19 18 18 18 18-19 19-20 20-21 20-21 21 21-22 21 21 22 22 I 0 w 23 JM AMENDMENTS 23-24 17.1 Notice 23 17.2 Adoption 23 1743 Limitation 23 17.4 Recording 23 i 79 Fay rniat 23-24 XVIII, CONSTRUCTION 22-24 mmmmm OF OLD SCHOOL SQUARE GARAGE CONDOMINIUM ASSOCIATION, INC. IDENTITY School Wrmm XmI wOmoA I* as the"Property"). P J 1 mmMm I= 0 in or at such other place as %I go * 46 Wrrj III Moc 1.3 Seal. The seal of the Association shall bear the name of the corporation, the word "Florida," the words "Corporation Not for Profit," and the year of incorporation. f xne ijeciaration or Lonaomuuum of as "the Declaration." In MEETINGS OF MEMBERS AND VOTING 71777,7771 ve S 0 men tm",I rid A, 17TM7717 mocu a 7 cre , ao rat I emw-kssoccru�l " 27771 F717177717winneaubtatesi 0 van )r 17. 7 lee 0 e . ......................... .................. AP . A 4o*w& at meetings of members shall consist of persons entitled to exercise, MMIW iM JMMM a V XW, a majority of the voting interests of the entire membership. nsietwfo"i ag� of a Unit is not divisible. b MMAfts approved by not less than 75% ofthe voting interests press] Re I roxA=ee t le uo es lalwsrequire ita"rM-77 I ar zmu:KL 1.07, . The order of business at annual meetings of members and, as far MMMiELquakw JMtings, shall be: a. Collection of election ballots, then call to ordeL b. Election of a chairmam *F Mo wwAIS xmime MM si V FM PkMdM§16 present, in which case he or she and Mmiki. Calling of the roll, cer*ing of proxies, determination of a quorem. a. Reading and disposal of any unapproved minui%% Reports of Officers. 5. h. Appoinment of inspectors of election. i. Determination of number of Directors. is Election of Directors, k. Unfinished business. 1. New business. .M6 Adjournment. M 10 1 11111 �j I M—w—wn 7777 TuTtors acungmu, c 777 ' b. Purchase of land or recreation lease, D c era 77 7 7 r ac 7777 e Zin�a 77777 d. Exercise of option to purchase recreational or other only used facilities lease, a, Providing no reserves if reserves are required, or less than adequate rejago reserves are reguired At the tune the Declaration is solely of unimproved land, no reserves are requirseL Recall of members A AkaJ W Wkw**w. 11, Other mafters conuAW " 16 %M Iff 4MM Mom &a UpPoKOWly require a vote or writtes if MRIMMUM Ill. DIRECTORS re ors sss n es, cc L7mj= 3A Vacancies. Except d6r uAmAw wwALq Mwn removal of Directors by members, term of the vacating Director, PLALOn iymLle 114C411 ItakelelleCtID111reCeID Ce VnaKerlietrectiv 40 bMMLANWM. "e Board of Directors tort WWWW 0 whAtio of regular MMM= i* It 6k Ot a bao Md-!Place as a Omwwwwwwow iO&'c� g Mig MEOW UMWer, sball be- given to each Director personally or by mail, Wqpwwi� wr *hffj#@ wt )so* 4we days before the day named for the meefing, except in an MM19W. X% Mu M --I 1recto OtLcAoj' the 40 weh'ag and shall be transmag M gn am =I Mi'Akys before the meeting, cxo" j% Rw "77157VOTT apprrrva� �p* weaff 1 C if OVMM -9 IMIMM IW ft Declaration, the Articles, or these Bylaws. s If there is less than a quorum present at any meeting of the At any aA;WmwA *mWMNL wq Rwiness that might have been transacted at the meeting originally called MW it VEMP9 90MM diumcr notice, kprifl el Unen ussessmT7jjqr7djL3=MidT7AMd 777 out nieum ksSeq - t to The presiding Officer at Board meetings shall be the President or, iM kF 9P kV MWEEM6 WE "S6 Tresident, and in his or her absence, the Directors present shall AMjJ*Nwwr *" *rMok wnpAn to preside. sirenSoLam MMM*1711—n= li° Proof of notice of meeting or waiver of notice. % Reading and disposal ANft 16 Unfinished business. 27 0 0 f New business, & Adjournment. elue 0 rot t ermn 7 7c77auX7-IDIIrSQJ"IiM 99M ON "&&a MOW4pw own 15% or more of the Units in the Condram=Mad *0 &* Vao&I A6U%Wg jr in jmosn the Unit Owners other than the Developo W kw St 9M JR 40 *9 So wjww4ers of the Board of Directors of the AssociJL86 b. Unit Owners other than the Developer are entitled to elect not less than a majority of the members of the Board of Directors of the Association on the earliest of the following events: 077701�� 0"J"Cluberl ottlull3oatc2ni VUJXUVI. ou-nulumeou IMS Y, or Nr 0& rommff L I PA& W ima w*u aw ex ays thereafter, the Developer shall L73HJr*8 W M ki POWERS AND DUTIES OF TBE BOARD OF DIRECTORS on IS 77777 71M7jF7t7?TM1MTmMMvrmi g47t7�na7nTjD7jbehmzj�jtj,7 M LZEMM7777ninglinatte 111C1Ud1nAbu,w,ku111,iMhMt Twaylem Ysjancjconmm7kj= 5 4.9 ft now Vt duriog 111NME A MmLw6w h =a cbmmon MMMAM so ok aw%i*K gwomew elements iff iff 920 w I�M. 777 747 "t 777777771777 esj1costsVindT,1k, wke# PurchaRM IMM MAWMEare w& ad la W hW Inortgage, or convey it, 4.7 Purchase Unit. In addition to its right to purchase Units at a lien foreclosure sale, the Association generally has the power to purchase Units in tho- Pro perty and to acquire, hold, lease, mortgage, and convey them, 4,8 The Associatim in MOP MLIMIM rules and regulations for the operation and use ofthe common elements. 4.9 M Ain-t-ai-n-O--ff-lc-ia-l-R-e-c-or-d-2. The Association shall maintain all of the records, when AWA*&1e, set forth in Article IX ofthese l3vlaws. which sha" cum sa 'LaW 111dammosecitctiabilffiAL11 as ner 7 a as "MR "rllyl ir ta OMMMOM Ma MRMM%* W 4.15 MMMMHMHLAV1 MT$m,m MW Am We I rAII "1617 M7(? P —or I LAII 10- lfzw� 'Iff W�Mrlmr L=a� illil H 1 1 1� 1 1 l� MEL11a for those purposes. ----------- - ------ ----- uux4uiescoyiaws,criawiuiiyaaopTemn esv regulations, by Owners, their guests, invitees, or tenants, See Section 7.9 of these By-Lillp UN hMMM[.6WmmL_fxr Deli—n-guent Unit Owner. The Board of Directors may V. 0 OFFICERS neCrest ient fie e8l i6ej "I, nn IMErsnalJoresio 1153mr, 1 =Rim: and exercise those other powers avA yAlow Smm *&w Uties, as shall be prescribed by the Directors. MIS ecre iecr h itathelDirectojImIlthM7 11`71=111E 1`11111111111171 --77 em 72!"c MQUETTUE)UTUAToncesrsouix jQuea Ma =een-71177�777 cor=7777777771FEep t[MV== _ JMclara'013 other duties incident to the office of the See a smajoLikkutune7in"S VI. FISCAL MANAGEMENT 0DtU1bV7Me-1j1 it F7Z771rV'eB7ar 6.2 Badge—t—R—e-cau—irements . The proposed annual bm" & smom &n~@ shall be A&MW and shall show the amount budgeted by accounts anA affmot qjgliAffig" iocluding, qMt Mplicable, but not limited to.- a. Administration of the Association. b. Management fees. C. Maintenance. Taxes on ]eased areas. 19 It Security provisions. L Other expenses, Operating capital. e4718rfjU8 a I= 7=7 777 77 77FIcs. IMMA wwwmWWor capital expenditures and deferred maintenance, including, but not linj" *% 10 Property painting, and pavement resurfacing. The amount to be ffiwm reserveM IM aveans of a formula based on estimated remaining useful life and L�.10 X estimatog m9kwaglo = af mh reserve item. c u as 011SI 0, OCI 7 It, Accurate, iternized, wW UwAA w#wVjr4 j receipts and expenditures. A irgo-r�MIANOAIQualiterlvUtatemeMrfth ILM W- n n� 96"CID QFmt 7!77M777.77en C� All audits, Mviaws,OVWV6MFMMMM& Mi financial reports of the Association. we, ortne iciairecorcismanaesnaix)czrmT?XMM7femm?it,T� IaJreDOrliMli=Ml=jllt6)liiiigh6idlr,nalLU,ilrorgMelp eVIDU I C90 M, 6.10 loan asso*kRkw, ww*m" joJOEj. Board of Lfim"6 *a" jw ROMMEM09ka JE aumm, w1mawwww money kmV*IM persons a 490 IBM& 4mekwilaw MlArW8 Association. The Association shall bear the cost of bonding. V11. ASSESSMENTS AND COLLECTION or 77717 us Ul 8 11, e 7,1777777771 7 Uisitionlof liffm I �ayfM7 Iful OIL OeenveceiveaIDAM=TTZT� Is. one percent of the AMVM d6bapogama,4* III 7777-777 ML7z1m= IrqILnO]jg 77 ain 4-Wisociaboj" "1T'IG6Q=1=j=ceUAVRen, M' OrtvIuchUftI�ssess== 7-8 The Association may bring an action to foreclose any lien C. Am Mool6m *F W6Wency of performance of services. & RNWM*Aw wwiminum, number of personnel Im pM w&jvjMg&&Wrvics. NIk722rJJ2S III& 'The disclosure of any financial or ownership r E %men. V- service provider, if the Developer is in control of the AssociM%, IX ASSOCIATION OFFICIAL bRAMM The Association, from its inception, shall maintain each of the following items when applicable, which shall constitute the official records of the Association: a> A copy of the plans, permits, warranties, and other items relating to construction of the Property.., a. A photocopy ofthe recorded Bylaws ofthe Asawm&jIff Mj M*WMMkWb; thereto. d. A certified copy of the Articles of Incropmr9int mr go M ft 4endments thereto. r, A copy of the current rules of the Association, f A book or books containing the minutes of all merflngs of the Association, of the Board of Directors, and ofUnit Owners, which minutes shall be retained for a period of not less than seven years. 9. A current roster of all Unit Owners, their mailing addresses, Unit identIca. lens voting certifications i and i iflorown I telenhone mim I AddjtijQj&,J��y �uffe p of mortgagi on the Unit and any satisfaction of that mortgage. DP L All current insurance policies of the Associatic,16 L A current copy of an; MMgMM &MMhmL lease, or other contract to Association is a party or under whiol &P *@PPASAU Iff 42 Unit Owners have an ob responsibility. =1 o Bills of sale or transfer for all property owned by the Association. IN k. The accoun tin grecords required in Article VI. Ja11otsNN2r7-n 1''! 710 roe zm�� wil Pill �ililill 111111111, 1111111 111111 S0cIat1o1A&&6j6j6 �3miio* 10111notRk UMMURW , C klrkT"17dlr� X. OBLIGATIONS OF OWNERS 8. File an action to recover for its damages on behaV*� Aqq*M&WV qM WgMWW other Unit Owners. b. File an action for injunctive reliefrequiring the offending Unit Owner to take or desist from taking certain actions. 16 File an action for both damages and injunctive relief nz �"Carn o � 1777 o 7 e 7 MMEL77777% 7777F771 s M, =Mv� I -- -- - W 7=mPose Unes U"ner 16 40 M12L7jp-7L—vJsl7=sof IS77iomnlMrRre mmm"IiE"smeniiii,ecaLciirecolymyeasonaolAMttome�L&WeeqM XI. LIABILITY SURVIVES M VIOLM06M 'FREMMOM *MENEM* M6W&AMMMA&ft&A *at *Ahws #w *low a fvmrr memb] from ext MWMN w APAPAW "WOMO -W4 MWt 19 Ml AMPIr AMU@ IM period racroke C Wit'lill!111 ; ; member oNA611 wo og wgM&M" 9M# & a kg IFEENIM Z=ZM%ant to th membelW% ern XIII. FWM9 AM JWMtAMNS B 1j"TelanalreTrulatu"— �9-1496xii MuManonusUr vice itAttievec j_ 1.11 0 A Au-aulr- I FMY.MUlTMrwCnTs xis IE AQ; or become MMM laa&AM* *a AMmV. :777 7 lMWNjjWfiWj" 9 4A;;j�eur0mouOrJoJlMe Ironic 0 lMllFGMWXJVMerSllan r .Z JFL MM"MeMW M NNI) REQUIREMENTS FOR USE, MAINTENANCE, AND AMBAdOlk II19P i.MTS *.I JAW-WdMIS" AUER== i% W voiII, maintenance, and appearance of the 6 Umd jj wariscivner(Ith nVhcJDec1 142 Restrictions MHOM It oft MMbdLw ma me smenrlm %natal:% - 1= 63aWil"I XV. PRIORITIES IN CASE OF CONFLICT In the event of conflict between or among the provisum M01W 9dim mmmq� MEOW of priorities shall be, from highest priority to lowest: & Florida Statutes, CISW 7" dwMWM" San time to time. a. The Master DecIaI d. The Declaration, 4L it Articles f These Bylaws.. XVI. INDEMNIFICATION inglkl2h ,s 11111111WILILZEILAO rw'ThM� vose an a one an= 17.2 Afttion. An etnet�dment may be proposed d9jmr * a mom* of AmIB3oard Directors or by not less than one third of the voting interests 4 16 1o6*4W%m. Sea anent] Lmimitenon NMrrferknm ntqt "at7l nor i t en XVIII. CONSTRUCTION I-Oernut!Wrreculrea"inaulatish,7111ki7clude 7 t S r,s 17,11717 au 777 1 rllrcr+� STATE OF FLORIDA COUNTY OF PALM BPACH 0 CONDOMINIUM ASSOCIATION, 114�, By: My Conunfission Expires 0 7 0 KoUWP�ubl�ic�� 0 0 0 mmmmwqjr fMiMBIL92M 19ff WWWRSHJP M rM XqPJMAM ]LIKENTS, VMM& 04FU4wLM VMIMON EXPENSES Arts Parcel Unit - four percent (40/o) OLD SCHOOL SQUARE GARAGE, A CONDOMD41UM EXHIBIT 1117" RULES AND REGULATIONS p e 71 a 7 F T77777 a 777 7-7 1 C PMqP*@4 A urillge and trosh will be only b; IM Associagn M 90 IM WW &%&*ge disposal units. 4. Blegal and immoral pwai6op " uj&j�� 1177T777777771 77 Th7=777777 cifications: The hurricane impact windows presently installed MW be replaced with the same windows, provided the replacement windowj sk%kog 4nrA*AimMwvznmenW regulations for hurricane protection. Page 1 of I "G" DESIGNATION OELECTRICAL PANEL AND ISIRING MAINTENANCE RESPONSIBILITY EXHIBIT "B" CONTRACT FOR SALE AND PURCHASE MASTER DECLARATION m OLD SCHOOL SOUARE G Tama&* am nV IN IM &a "60 Aft ZMEMEN, MiWenances, interestj Mt Afft "�ftw *e U 6"W k& �M Ma M MW -SK no Jkrts Parcel Unit WIM LMM too" SW oilim M& I ANOA Wd **"W 442 LEMbiatinium; JMV, V2MMNMRMk k -tonsideration of the promises and the mutual r JM A& MW �%V 4MIW AMMM as follows: eovenants here] NOMM DEFINITIONS ---- -- -- , ", bi iIl 0717" unjessitne 7777777F777177777 on&m. LL "Architect" AM M604 MdMk MEtritect or architectural finn, licensed a MMIte in the State of Florida. 1.2. "Architectural Committee" means the persons or firms appointed by the City if a committee is every formed by the City to delegate its authority to approve proposed architectural changes pursuant to Article IX of this Declaration, 1.3 "Assessment" means any charges which may 10 U64W 6wolft J= J�ffff M, time against a Unit Owner. 1.4 &ANN 16 improvements within the QMg PmW M6& M4 the Arts Parcel Ulm :. 5 *2MMW ?Njo &*am WW ffi", Nj ��j -I I Mt qu WMWW�." mch plans and speciAkAmw wig RM hfflt MM & AMW 1* 64014 AWMW WAI&Wft7t� 4U- mve.. WMMHMW777nwTjwoFT777t&.=I 11 i&T TIMa w6MUNI SMIJI'MR707-RIM" L3=J�IonSUIIaIJbeL07-MIhWU7x7 LM=75i&L�q MM I I Records ?Mm Sol T*l FhF�jL time to low I W T�Willml O"MF MR PMI" *oVow0i partnership, joint venture, trust or other entip Iff maw W6 M*m Um (w ol Emm 1pilift Hiffier or owners of the Garage Parcel 1.17 "Jualf MIMM 06 land owned by City on w1IMM jimp an gna I& Mrage to iM MIMINIMM &A" b"OhAw 09m Garage Parcel and Arts Paa*A as AWA JWiWMSf which baA�p 0& *Muding, but not limited to. MIjEW Mg MM A"WMVL VIM" "EMU OM&AkL W not limited to, inspection AM 96 P41*m i'llille"ImW MMIEW m .UP .Lo.p aeljmEan I,ucd6im E H-O 1 1 It 60claration" shall mean any imimmitm ml m9mmokrestrictions and eaAM&Wk v" mt4p % worded by City for the puJM6 ir -w amending this Dullm&I Im �w M "Wse of declaring all or aqp Wgftffl &P PEE96 within the Garage M MOM WMMAw moOk the purpose of adding acUMOU aW pwqo* 1* its Garage, either ao Wmwiv IM &MR9 Poftes. 9 7 sin erso I Izin as: son= H s . 1 -1 11 ltAW4InlRthFlP-nhLawW�W 11 ec 77 W777M r, condii"IfiTrMITIM". 77 I'll, rotect IrItMM' INAV41SIX s Wh(Weas n llM2EMULSLL(jvicLecVo,rr,5 11 1 i E :ME a araaarmqr�nF�u liolSLEaUi4VUyswoolmAtoa.e,=rtiiitivim ari MIS access"OueAt c =7777777 Em are allin ILROMISM-Ut M�UUnPPA Q Q rMt h A IL%ai4ew� TI 'Afli 11 a;FaMtenancelresnon qitteTlrvTrTi ain nfore�&eas 17dbi nin Ru)usnoiu ear.RuLliomi jjLn- r7777M,7777laeem W-M covenants, conditions, and o the Shared Facilities 04=;R M"% easements 1777-777=7= iiiiiiiiiiiiiiiii��enill!llllllI ilillilillillil iiill!,!Illllllllllllilill 7777 77771ficensee r'" EM MERIM77717,77777177t) 7MR777773i , - U11 a 77 1 79EHREW;WerIT 7567.7vateciLdlacen I I — — — 6 11 'ENA912191 %mvp 7777777 ecas ssessmeir... lc"7717�47777LAerej L6VMenALQ4AM TTreqR'77777ejUjb-,1 INDanoonmenjormnis/heir'N" fa !AY seem I rase e 77777 77 =-:CMLMM=77T7Ir7TWZ77j77a777 em 1777--ex lusive —7 7 acres 7 7 7 - 1777777177 M!;�AID liereo"o thelbjL�Mefl� e AIROOds el�e 3.1 kowers and Duties. T'hcmQEM M MIM AL romw owAqk**w. (a) ME# otherwise manage -Lit "i"WE"MM (b) am in am ift ="A accordancr 9A& ft ion%= jo: %=pWWkL It performel j he ��j - �j alloccaTealammon miogierahere t"glw ZZLILM& u XMI)II26OW&VIRCIlecl Moop Inty not modify the fornmia, set forth in Article XXII and MUM z 0" 1 =lkaph (a) above, =30MENOTTITM 777 777777777 c on u e me 777 77 T e W" I lus en F WLj exclusivN�lth iElhiEliEI6(Wn,)iUuccessojiPl�rwassi ME= alesj" successor" ollagenCA111WAsuef7atternnt i Aix un ismrtmnce isel Ile Ce 0 OKI UNCU aunareca 777 a :m 1 'hared r ml M ee rev ed cc 0 a cuorlug 1 L it) D�j= III! �� llll lllli� i M�IMT,77rvr—o O�Xn T7dVolllMDroVeLMLj=l�=qui imwl�erxvensm) ago REM aiT 7AIM . OIRCcurrexice^ IV Ab� I UIMMIZZ ir Z uJwkl=M*A IN damaged W- *o mw� Mi PM" Parcel and wMmimi j6 in As M&A "a Eg" 16 9" imm v aw RpMEMM &*AM6 im 17 s. Mm7f L• 1 11� I a; "enimp"Slimc i�onse OMIUMWakulT e exercisclot tfieuo w the GawW ao go ammmoo fflp Viff 4WHEEMM6 1w wo 0 Condomilim aka Im on IM sk 6"Mm" w"Pow wr=qizi it * I& n 10 co anc ea 0 men an s e m 7777777773E�� » eeltund "roillm f1w MK restomjwL MMWM respective awardiss fm Ir ap en awm� ULEQMLQE:O G \CT� enev icense o e 2e vall", Tim ermi6l; S e "A" r4i(�Uce 7 7 711777717 15 R 99 37 FRI.; u Mra 7 7 97F =7777777 77 77 1 1 1 MAIUMM1011 Li 77777777 7 1 T'a AMR" fti" NOV Ar *WWw)M0F* is QWe Owner's certificate the Insurm"o jvubw�p 00 ft PMMM*w Al A.2 hereof and shall notbjeWj'r' sesnunscIN IM IM MMW@Omwd UOR" *WA ir 4 it mikwe upon such certificate, such nMMpVM W bw*% J%wy, shall jointly instruct thi Mmmm 99mw WR *%Wj disburmummo w4 vW &M11M il& by the Insurance Trustam� Mw U JqWMMW rn= disbursr 20 ONS616 &W6*96we with said instructions. In 11mm AA 1#010 liabilit,o 16 "row Noir mom -R)f having so disbursed AM Avok k ammAlaw w*971al YZ instrucimm 0 mm rd ;mc( ESTOPPEL CERTIFICATES A&T-ICLEXVI. City Manager City of Delray Beach 100 NW I at Avenue Delray Beach, FL 33344 City Attomey City of Delray Beach 200 NW I"' Avenue Delray Beach, FL 33344 that epeciVMIIp1% substituted for 0 essesWesjpM C e In ss an(TAhaaAbbillill! III 1 11 TMI Mill! 777,i7s.' =7777 ancEnLijEucces4 orsU7771�0 eas 77 Wi"Onlvoiffmu 7,77771volanomerF777EF tm,drliMe ol Ir elrerne m mommm IN Tal MECELLAMM hereto �P.l AMMUMEMM M6J6 M6w 116 Oket Aw 60 �Ma iMIMO lach party -qMM MIN14 *A**& Wlw� Ti&W 4SIM MJL 06vi Wnxtnents, documenft wa*wiA PW MMM B16M AM96 AwAih *oqp movyw4hp #VM m order to confirim a mO pmW W kmwft "Mgwv~ *pm6r. IN ART-ICLEXXII 22.1 tan ard of AII^rmtm- WMWrq% Iff *-s Declaration, it shall be necesi ** Somw4jS lip WWMME6 No MW jaMpROM MMMILLi which is to be home by the Arts O%M M&MA" AA wpp�j: (a) The proportion ig it MW AP M% " Owner of any such Parcel &go ip determined in the manner proi ]k N&AWb IT', in the event that any new %M=Ik" "4&"W* 041d I& IM AHM 46 IM MWge Plans, shall hereafter be constructed InIMESW It ft MMUMM JU &% ow h4l�p caects the definition of a Burdened Shared JUNIP, JW000"MMOM r0*0imin A Mot U" shall be allocated by Garage Owner in arp *WjWj& 05910,116 U MMWk AA Arts Parcel Owner's share exceed the percentag in MM 16 I&MM mwo. �77 77 , .......... ve ujr c 1 Ux not to proi MM UM MtW-A—WrjWF6—ri s,. IR 24. Notwithstanding an M IS M&MI*V *W&&wg qin Arts Parcel shall be subject to, the =: a- 1&W-fulUse, All VAi Jw% W�W Irdinances, and regulations of all governmental bodies having juris i8 AJMM" 9U JILWDICUCA bjMj& Vy VWners gum d. hjg�go �erUe�es . No immoral, improper, offensive, hazardous or unhonfiVu-s-e- shall be made of the Arts Parcel, or any part thereof e, Negi-ige—ace. An Art@ %Vjj Q*M SM go IM lk MW &Vw" Igf In wWWwwce, repair or replacement ZRM& wwomW IV ww-WoftM * 00 VgW a mr MMWant or user of the PamA. 4x&" kW 9K 15� jk WMW *qft%"W, agents and lessees. M 0 f ing under this IAIUMM either by or ag &A 16 SAAW OW recover tirmoin IM6 BNOMM aff appeal, in bankruptcy, or otherwiW, 7 THI , M h. Lound Restrictions.. M MMMJMthin the Arts Parcel shall be audible from outside the Parcel, ARTICLE XXV 00-H MWWMW6mN6S opything to the contrary in this Declaration or the common law, go AMP O"M Ad kTV in Mt Rights or subsurface rights in connection with or arising out of M9 mperation of the Arts Parcel, outside of the expressed legal UW=401 =M; is identified in the Declaration of Condominium. AAR&TICLE)OM CITY GOVERNNENTA'- �"uNcTIONS " I MUMMMOft"14" jr Iff 9SIMM =Mined in this Agreement: �enwucnffoDftp,ctlu: n cura g =M=777jouranteamorinerne FIT a 17jRj lrwynims t M - 7Vf.r,n!T 77717777771", MgMM MMQ TMUJIFppj�j 4 AW OMM iW City shall be without prefiA6* J% mM AA "o limit or iMpMUM k woAww *4 or otherwise affect City's jj* M in connectioa WK iw x"vimmmm gr quasi-governmental fimctiA6 -381 IN WFIINESS VIHEREO bm&h* mama us mr,"a Awir City on the day and year first abo=M1 Signed, sealed and delivered in the presence of.- Wiiipessom� Fr —int—n-a—m —eo —fW— i"Ine, a s— Print name of witness 30 STATE R1r XJZ� COUNTI CITY Ot� Mift I ffihg&&� &Mlorida MunicipM &Lpbnom E or My Commission Expires: m W) SCHEDULE OF EXHIBITS Exhibit A- Legal Description of Land Exhibit B- Legal Description of Arts Parcel M Exhibit C- Legal Description of Garage Parcel Exhibit D- Shared Facilities, Shared Expenses, and Burdened Shares Facilities Exhibit E- Allocations '40 2Le �cl Descri ti�onof Land a�ttached C 00 Uare 777,7777 77777(dim I (),r S, a 7 e Garage Parcel Unit of the ords Book MM-57MIM Page mm I��M+ . : ji k QrM�: oW AM ° 0 e O' Ica e I. » a #= .t <e. I arl7e I a M�Wwll Tnst l % q2e#.<e . . s ` EMU ar�j.7 e 6uonstitutel o & e m :' NEMLY�ren54 narecCecilines n m OCR IONS (1) Allocation of Common Assessme Reconstruction Aiscessments a rp (fie other an S I jDecial Assessments . Four and 17/100 percent (4.1 ca Common Assessments, Special Assessments, Reconstruction Assess eats, anJ *Mw Assessments which can be imposed or levied against Arts Parcel under this DosimaAw oare allocated to Arts Parcel. The remainder of ninety-five and 83/100 percent 75A Roo chall be allocated to the Garage Parcel, (2) 5Rpgia-1-,A—sseasmeats, Special Assessments shall be allocated 100% to any Owner against who such an Assessment is levied. .4d EXHIBIT "C" CONTRACT FOR SALE AND PURCHASE LICENSE , OLIF PCM*N ICUM AgRAGE . ........ ......... 777777 PCXCIUS 1,19 00 0 forth herein. 21ma ), upon me umns and couUMom SLUT-agu U1 pwNUUM prupurEy-n-m77E,-IeisciFor;Wa-km�ln�g on me Closing Dow or Sale amf continuing for as long as the ARTI FANM O"u& *qwessors and assigns, are not in default of the terms and provisions MW MMWM X6AwM*mK and except as otherwise stated herein. t JAM MWW 4M MMMOS &WAN&" 1 OW6 Mv *k%w "A" my policy of insuram bd Iff wwwd * &r 037% a» w4mit gaki Wo w ml the Storage A&& wmW A& Iqmawwa& 7. ARTS PARCEL shA aMM& M6* pw*wJpVWIjp� Mmi fixtures of the Storage Area in good conditM mwi mMO 4BUg M w ad In MmW Mm zMer this Agreement, ordinary wear and tear **oV&& rea pro Ix and-reASIMMMINKIM elaull"ne 1 77717 ........... S Tj(LjncWenngrn T17.IULywemenlior,,ivm,en . )ewiivecAjasit reac ursuanj F1 termlo'UneVeclaranon 'ian V�Iuwu_,U � . IM3L ICA& 77 a aten A all 7, 777 71,77 If to Garage Owner: City Manager City of Delray Beach 100 NW I at Avenue Delray Beach, FL 33344 VWMA City Attopmr City of Gom ma" 200 NW T" jkFj= Delray B404 11L MW If to Arts Parcel; I SL J6M WSMM &tll be required to procure imlw@W Av vehicles 4mj 9oM*mjW sit mmW to liability and workers' I �6%requhed jmFmmm"mR"W by the Sta& *FrWm1kj* **mmmwmU general liability insurano�. �m imm is mmm ON(Wroperty which n=kMA1W0Qr MM*n Dollars ($1,000,000-00) �WWWNNL" *mWM64 single L�91-1.1)TE U d 16, This Agreement shall be gov by the laws of the State of Florida. U'r. Ik ma 4w&R &A &a Agreement be construed as a lease, easement, dedication, conveyMM a = MJW jIMM in real property. CITY OF DEL RAY BEACH, Florida Municipal Corporation Witness wi Witness N. W. P" Avenue no S Date:— Za �gj �€rj CREATIVE CITY -OF DEL RAY BEACH, INC., for profit corporatima IN I o� F® MEMORANDUM TO: Mayor and City Commissioners FROM: Milena Walinski, Interim Finance Director Lisa Hartman, Utilities Financial Manager THROUGH: Louie Chapman, Jr., City Manager DATE: December 2, 2013 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 ORDINANCE NO. 36-13 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" to provide for decreased residential collection service rates. BACKGROUND At the meeting of November 19, 2013, Agenda Item 9.A. was presented to Commission to consider proposed changes to the Franchise and Garbage Cart Fees in Ordinance No. 25 -13 which was approved on September 17, 2013, and provides the basis for residential collection rates for garbage, recycling and yard trash. Staff was directed by Commission to make the following two changes to the rates: The $0.90 Garbage Cart Fee for the residential garbage cart service (AGAR) should be eliminated. 2. The franchise fee rate for all residential customers should be reduced from 10% to 5 %. These changes are estimated to reduce revenues in the Sanitation Fund by approximately $366,000 on an annualized basis. If this ordinance is approved and passed upon the second reading on January 7, 2014, the reduction in revenue for Fiscal Year 2014 will be approximately $275,000 for the remaining nine month period. RECOMMENDATION Recommend approval of Ordinance No. 36 -13 on first reading. If passed, a public hearing will be scheduled for January 7, 2014. ORDINANCE NO. 36 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR DECREASED RESIDENTIAL COLLECTION SERVICE RATES FOR THE REMAINING FISCAL YEAR 2014; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to decrease collection rates for residential sanitation services. 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 Title V, "Public Works ", Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/ development shall be billed in accordance with the type of service that it is receiving: Charges for the below- described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll -Out Carts Monthly Service Cost Per Unit Garbage Collection $6.61 Recycling $2.68 Yard Trash $2.68 Total Fees -- Contractor $11.97 Cart Replacement x&.00 Administrative Fee .35 Franchise Fee 0.60 Less C & D Credit -0.20 $2.68 Total Fees $14.22 $12.72 Rear -Door Owner Container Monthly Service Cost Per Unit Garbage Collection $17.38 Recycling $2.68 Yard Trash $2.68 Total Fees -- Contractor $22.74 Administrative Fee 0.35 Franchise Fee {4 5% -$ �. 1.14 Less C & D Credit -0.20 Total Fees $25.16 $24.03 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage /Trash Collection $4.47 Recycling $2.68 Yard Trash $2.68 ORD. NO. 36 -13 Total Fees -- Contractor $9.83 Refuse Collection $ 3.33 Administrative Fee .35 Franchise Fee {� 5% 0.49 Less C & D Credit -0.20 Total Fees $11.16 $10.47 (B) Multi- Family Service Multiple - family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple - family monthly fees shall be based on a per -unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If using roll out carts located within enclosures for multi- family collection service, in addition to the monthly total fee (based on the number of units) paid to the City, the Contractor is permitted to charge a roll -out rate that shall be the same as rollout cart service for commercial customers listed in Exhibit 1, Special Services, of the franchise agreement. If the Contractor furnishes the roll -out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $ 3.33 Recycling $2.68 Total Per -Unit Fee -- Contractor $6.01 Administrative Fee 0.35 3 ORD. NO. 36 -13 Franchise Fee {� 5% 44,60 $0.30 Less C & D Credit -0.10 Total Monthly Fees Per Unit 6.56 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. This ordinance shall become effective the day following the City Commission meeting at which it is passed and adopted by the City Commission on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2014. ATTEST: City Clerk First Reading Second Reading MAYOR 4 ORD. NO. 36 -13 PROPOSED RESIDENTIAL SANITATION RATE ORDINANCE REVISION CURRENT PROPOSED DECREASE DECREASE Curbside Rollout Carts (AGAR) FY14 RATE Garbage Collection Recycling Yard Trash Total Fees - Contractor Cart Replacement Administrative Fee Franchise Fees(Reduce down from 10% to 5 %) Total Fees Less C &D Credit Total Fees After Credit Rear -door Owner Container (BGAR) Garbage Collection Recycling Yard Trash Total Fees - Contractor Administrative Fee Franchise Fees(Reduce down from 10% to 5 %) Total Fees Less C &D Credit Total Fees After Credit Curbside Disposable Containers (CGAR) Garbage Collection Recycling Yard Waste Total Fees - Contractor Administrative Fee Franchise Fees(Reduce down from 10% to 5 %) Total Fees Less C &D Credit Total Fees After Credit 6.61 2.68 2.68 6.61 2.68 2.68 11.97 11.97 0.90 - 0.90 0.35 0.35 1.20 0.60 0.60 14.42 12.92 1.50 (0.20) (0.20) 14.22 12.72 1.50 10.55% PROPOSED DECREASE DECREASE FY14 RATE ($) (%) 17.38 17.38 2.68 2.68 2.68 2.68 22.74 22.74 0.35 0.35 2.27 1.14 1.13 25.36 24.23 1.13 (0.20) (0.20) 25.16 24.03 1.13 4.47% PROPOSED DECREASE DECREASE FY14 RATE ($) (%) 4.47 2.68 2.68 9.83 0.35 0.98 11.16 (0.20) 10.96 4.47 2.68 2.68 9.83 0.35 0.49 0.49 10.67 0.49 (0.20) 10.47 0.49 4.47% ESTIMATED DECREASE IN ANNUAL REVENUES 366,114 AVERAGE PROPOSED DECREASE DECREASE Multi - Family Service (DGAR) FY14 RATE RATE ($) (%) Garbage Collection 12.72 3.33 3.33 TYPE B 299 Recycling 86,220 2.68 2.68 2,638 10.47 Total Fees - Contractor MULTI - FAMILY 6.01 6.01 6.56 1,167,969 Administrative Fee 0.35 0.35 4,118,687 LESS UNCOLLECTIBLES Franchise Fees(Reduce down from 10% to 5 %) 0.60 0.30 0.30 Total Fees 6.96 6.66 0.30 Less C &D Credit (0.10) (0.10) Total Fees After Credit 6.86 6.56 0.30 4.39% AVERAGE ESTIMATED FY 14 CURRENT RATES: #USERS RATE REVENUES ROLL OUT CARTS TYPE A 16,595 14.22 2,831,771 REAR /SIDE DOOR TYPE B 299 25.16 90,274 CURBSIDE DISPOSABLE CONTAINERS TYPE C 2,638 10.96 346,950 MULTI - FAMILY TYPE D 14,837 6.86 1,221,382 34,369 4,490,376 LESS UNCOLLECTIBLES 1.5% (67,356) ESTIMATED RESIDENTIAL FEES 4,423,021 ESTIMATED DECREASE IN ANNUAL REVENUES 366,114 AVERAGE ESTIMATED REVISED FY 14 RATES: #USERS RATE REVENUES ROLL OUT CARTS TYPE A 16,595 12.72 2,533,061 REAR /SIDE DOOR TYPE B 299 24.03 86,220 CURBSIDE DISPOSABLE CONTAINERS TYPE C 2,638 10.47 331,438 MULTI - FAMILY TYPE D 14,837 6.56 1,167,969 34,369 4,118,687 LESS UNCOLLECTIBLES 1.5% (61,780) ESTIMATED RESIDENTIAL FEES 4,056,907 ESTIMATED DECREASE IN ANNUAL REVENUES 366,114 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 4, 2013 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF DECEMBER 10, 2013 ORDINANCE NO. 37-13 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 37 -13 which repeals Section 31.05 of the Code of Ordinances to eliminate the requirement that the City Attorney be a legal resident or have his principle office in the City at the time of appointment and during the tenure of office. BACKGROUND The elimination of this section will allow the City Commission to have a broader spectrum of possible applicants for the City Attorney position when the position becomes vacant. RECOMMENDATION Staff recommends approval of Ordinance No. 37 -13 on first reading. ORDINANCE NO. 37 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 31.05, "CITY ATTORNEY; QUALIFICATIONS" IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 31, "City Officials and Employees ", Section 31.05, "City Attorney; Qualifications ", shall be repealed in its entirety as follows: Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12013. ATTEST City Clerk First Reading Second Reading MAYOR TRANSMITTAL TO: Terrill Pyburn Interim City Attorney 200 NW 1st Ave. Delray Beach, FL 33444 FROM: Carolanne Kucmerowski C \L-- City of Delray Beach - ESD 434 South Swinton Ave. Delray Beach, FL 33444 Date: 1/31/2014 Project: 899 NE 2nd Ave. RE: Partially Executed Limited Access Easement Agmt. /899 NE 2nd Ave. Attached, please find one (1) partially executed original Limited Access Easement Agreement, between the City and Marc and Deborah Matarazzo, to allow the front setback to be determined from NE 9th St., for the property located at 899 NE 2nd Ave.; for your review and approval. This item was approved by Commission on January 21, 2014; Agenda Item 8.B. After you have executed, please forward to t he City Clerk's Office for further processing. Thank you, Carolanne City of Delray Beach - Environmental Services Department 434 South Swinton Avenue, Delray Beach, FL 33444 Prepared by: RETURN: Environmental Services Department, 434 S. Swinton Avenue, Delray Beach FL 33444 LIMITED ACCESS EASEMENT AGREEMENT This Limited Access Easement Agreement, made this 21St day of January, 2014, by and between NE 91" Street, LLC with a mailing address of 6751 S. Federal Highway, Boca Rates Florida and the CITY OF DELRA.Y BEACH, with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida: WHEREAS, Section 6.1.2(B)(7) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides that reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under approved conditions. Such reserve strips shall be required, as limited access easements, along all arterial and collector streets except for approved points of ingress and egress; and WHEREAS, vehicular access onto N.E. 2nd Avenue from the property described in Exhibit "A" is impracticable in this case due to N.E. 2nd Avenue being the side of lot; and WHEREAS, the property owner wishes to have a limited access easement agreement over the side of the lot adjacent to 899 N.E. 2nd Avenue; and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby covenant and agree as follows: 1. That the recitals heretofore set forth are true and accurate and incorporated herein by reference_ 2. That the Limited Access Easement is needed so that vehicle access to the property described in Exhibit "A" shall be denied as to N.E. 2nd Avenue. 3. The Limited Access Easement covers the area described in Exhibit "B ". 4_ Property Owner and City agree that this Limited Access Easement Agreement shall be recorded in the Public Records of Palm Beach County, Florida and shall run with the land. The Limited Access Easement granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale of the subject property. S. This agreement shall be construed and governed in accordance with the laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Palm Beach County, Florida. All of the parties to this agreement have participated 1 fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be more strictly construed against any one of the parties hereto. 6. This agreement may not be changed, altered or modified except in writing signed by both parties. This agreement shall be binding upon the parties hereto and their respective successors and assigns. IN W?TNE,SS WHEREOF, the parties to this Limited Access Easement Deed set their hands and seals the day and year first above written. ATTEST-- CITY OF D LRAY BEACH, FLORIDA Y: 1W ,,Lk"6 City Clerk j r , Mayor Approved as to .Forme By: J 04ff(Mity Attorney W S l,ldlh i ,WAf1Z7)A1 (name printed or typed) AM alt&�o (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH Iola, M. The foregoing instrument was acknowledged before me this 15th day of April, 2013, by Charles Halberg, as Member (name of officer or agent, title of officer or agent), of NE 9th Street, LLC (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identifica ' n) as identification. Sig-RAre of Person Taking Acknowledgment Name fyped, Printed or Stamped PATTY ELDREDGE MY COMMISSION # EE 834600 * EXPIRES, September 12, 2016 s' "feoFFp° BcndedThN Budget NotarySeNice5 4 *tlM ]Er 949A Clint Moore Road S IJ R V E Y i N G & M A P P[ N G Tel: (561) 241 -9988 Boca Ratan, Florida 33487 Fax: {561) 241 -518.2 Certificate of Authorization No. LB7264 BOUNDARY AND TOPOGRAPHIC SURVEY I PLOT PLAN LOT 16, BLOCK 12, DELL PARK LEGAL DESCRIPTION LOT 16, BLOCK 12, "MAP OF DELL PARK ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 6,118 SQUARE FEET, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SURVEY. 3. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF N.E. 9TH STREET HAVING A BEARING OF N 00 °00'00" W. 4. ELEVATIONS SHOWN HEREON ARE BASED ON PALM BEACH COUNTY BENCHMARK "REPUBLICAN GUARD ": P.B. COUNTY BRASS DISK IN CONC. MON., LOCATED AT THE INTERSECTION OF NE 5TH AVE (U.S. 1) AND NE STH STREET, 32' WFST OF THE CENTERLINE OF NE 5TH AVENUE, 26' NORTH OF THE CENTERLINE OF NE 8TH STREET, 46' EAST OF THE EAST RAIL OF THE FEC RAILROAD TRACKS AND 1.5' EAST — NORTHEAST OF A WOODEN POWER POLE WITH WITNESS SIGN. ELEVATION = 18.506', NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 29). 5. UNDERGROUND IMPROVEMENTS NOT SHOWN. 6. ADDRESS IS: VACANT LAND LOCATED AT 899 NE 2ND AVENUE, DELRAY BEACH, FL 33444 7. FLOOD INFORMATION IS AS FOLLOWS: LEGEND COMMUNITY NUMBER 125102 PANEL NUMBER 0002 WOOD POWER POLE SUFFIX D GUYWIRE ANCHOR DATE OF FIRM INDEX : JANUARY 5, 1989 ZONE : X Q TELEPHONE HANDHO BASE FLOOD ELEV N/A Is SANITARY MANHOLE 8. THIS SURVEY IS CERTIFIED TO: A. 899 NE 2ND AVENUE LLC HH ELECTRIC HANDHOLE B. OLD REPUBLIC NATONAL TITLE INSURANCE COMPANY, INC. C. REYER LAW GROUP, P.A. ��' EXISTING ELEVATION ABBREVIATIONS GONG. — CONCRETE D = DELTA (CENTRAL ANGLE) F.F. ELEV. — FINISHED FLOOR ELEVATION 1. R. = IRON ROD I.R.C. — IRON ROD AND CAP L — ARC LENGTH L.B. = LICENSED BUSINESS L.S. LICENSED SURVEYOR O.R.B. = OFFICIAL RECORDS BOOK P.B. — PLAT BOOK P. B. C. R. = PALM BEACH COUNTY RECORDS PG. = PAGE P.S.M. — PROFESSIONAL SURVEYOR & MAPPER R = RADIUS CERTIFICATION I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLED E AND B LfEF AS PREPARED UNDER MY DIRECTION. JEFF DAPP SU EYOR AND MAPPER FLORIDA LICENSE NO. LS5111 Pmjecf Name: LOT 16, BLOCK 2, DELL PARK I DATE: 02/08/2013 SOB ND. 13110 1 DWG BY: JEK CK'D By. JSH I SHEET 1 OF 2 PROPOSED ELEVATION LOCATION MAP NOT TO SCALE el I a-F a NE 9TH Sr. Q SURVEY �? LAKE IDA z to ROAD n z W ATLANTIC N AVENUE LOCATION MAP NOT TO SCALE el I a-F a BOUNDARY AND TOPOGRAPHIC SURVEY 1 PLOT PLAN LOT 169 BLOCK 12, DELL PARK SITE BENCH ARK =21.02'(NGVD '29) 4� °�° E EV. N. E. 9TH ST. + ° FOUND 5/8" IRC LL m j b Ij R= 50.00' aCX �� o'sRIF�' L=29.211 'm 41 EE D= 33'2-147°' co FOUND 5/8" IR NO ID ATT VAULT Q . PROPOSED BENT; 0.29' N) .. �¢ 25.1 5' SIDEWALK w ❑Hw DHw ❑Hw 2 T FOUND 5/8" IRC - PROPOSED FOUND 5/8" IRC LB 2102 5' SIDEWALK LB X27022 (0. 6' E) CONC. SIGN EASEMENT (0.34 E} a ri O �� °� N Q FOUND X- K3 ° PROPOSED L6 N SID ALK° CONC. DRIVE N 7.5d' r LL1 + o p• 0 22.0 � } z W r n ) 6 Z 5.50 N o BROKEN ■ ASPHALT �W Q �+ In ho PAVEMEN7 Z n o Lo e�i�i I to N nu: 25' RIGHT OF- ova Li (P.B. 8, PC, 36, P.3 C.R.) 15.00' 4.00 +�° 04 0 0 1�1 C) 5.50' BROKEN z +� ASPHALT p Q d PAVEMENT �=D a 18.. 7. " o �� NO BUILDINGS EXISTING ON aww� oHw� ❑Hw ❑Hw TL °� THE SURVEYED PROPERLY + OHW ❑HW ❑Hw QHw ❑Hw °o� ° �° N00'QO'QQ "W 5Q.Q0 ° 1/z" IRC . +� FOUND 5 8" 3R LOT 17, BLOCK 12 /2fi4 FOUND PRM 3 MAP OF DELL PARK LOT 18 BLOCK 12 NQ ID o NO 0.72' S P.B. 8, PG. 56, Pau. OF DELL PARK (0.90' S, 0.47 U� ( ) P.B. 'S,, PG. 56, P.B.C.R. d08 NC. 1.311 A Project Name: I DWG BY: JFK I SCALE. 1720, t 949A Clint Moore Road SURVEYING & MAPPING Tel: (561) 241-9988 Baca Raton, Florida 33487 Certificate of Authorization No. LB7264 Fax: (5S1) 241 -'182 SEEMN AND LEGAL DESCRIPTION (M07 A SURVEY) L07 15, BLOCK 12, DELL PARK LEMI] a F-D ACCESS EASEMENT LEGAL DESCRIPTION A PORTION OF LOT 16, BLOCK 12, "MAP OF DELL PARK ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 56, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 16; THENCE NORTH 00 126124" EAST ALONG THE WEST LINE OF SAID LOT 16, A DISTANCE OF 100.19 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT;. THENCE NORTHEASTERLY ALONG THE WEST LINE OF SAID LOT 16 AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGEL OF 77 036'40 '', A DISTANCE OF 33.86 FEET, THENCE SOUTH 00 100'00" EAST ALONG A NON- TANGENT LINE, A DISTANCE OF 5.14 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH 14 059'56" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 74 °33'40 ", A DISTANCE OF 26.03 FEET TO A POINT OF TANGENCY THENCE SOUTH 00 °26'24" WEST, A DISTANCE OF 100.16 FEET; THENCE NORTH 9.1} °00100" WEST ALONG THE SOUTH LINE OF SAID LOT 16, A DISTANCE OF 5.0.0 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING IN THE CITY OF DELRAY BEACH, PALM BEACH 7UNTY, FLORIDA. NOTES 1, REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SURVEY, 3. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF N.E. 9TH STREET IAViNG A BEARING OF N 90 °00'00" W. ABBREVIATIONS CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UN#DIREC T ----- - - - - -- J EA P SU ND MAPPER FLORIDA LICENSE NO. LS5111 Project Name: LOT 16, BLOCK 2, DELL PARK ape No. 13110 owe By. JEK CK'D ay. JSH DATE: 04/29/2013 SHEET 1 OF 2 - CENTERLINE D = DELTA (CENTRAL ANGLE) L = ARC LENGTH L-B. = LICENSED BUSINESS L-S. - LICENSED SURVEYOR O.R.B.. = OFFICIAL RECORDS BOOK P. H. PLAT BOOK P. B. C. R. = PALM BEACH COUNTY RECORDS PG. = PAGE P. S, M. = PROFESSIONAL SURVEYOR & MAPPER R = RADIUS CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 5J- 17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UN#DIREC T ----- - - - - -- J EA P SU ND MAPPER FLORIDA LICENSE NO. LS5111 Project Name: LOT 16, BLOCK 2, DELL PARK ape No. 13110 owe By. JEK CK'D ay. JSH DATE: 04/29/2013 SHEET 1 OF 2 LOCATION MAP NOT TO SCALE PH HE 9TH ST. THIS J SKETCH �? LAKE I DA ROAD a 0 N W ATLANTIC z " AVENUE LOCATION MAP NOT TO SCALE PH 30EMCCH AND LEGAL DESCRIPTION (NOT A SURVEY) LOT 16, BLOCK 12, DELL PARK LEMOTED ACCESS EASEMENT N 90°00'00" W (BASIS OF BFARING) R= 25.00' L =33.66' D =77 036'40" Lu n IN W Z 0 25' RUT—OF—WAY (P.B. 8, PG. 56, P.B.C.R) Li I �t N cD 0 CD O Z P.O.B. SW CORNER LOT 16, BLOCK 12 N.E. 94H ST. ti ;D :N n 5.00' LIMITED ACCESS EASEMENT S LINE LOT 16. BLOCK 12 N90 000'00 "W 5.00' LOT 17, BLOCK 12 MAP OF DELL PARK P.B. 8, PG. 56, P.B.C.R. Q c. � m O co n co m cc KNk AN Vol M $ P LOT 18, BLOCK 12 MAP OF DELL PARK P.B. 8, Plo. 56, P.B.C.R. �L05 NU 13110 j Protect Nome: 4 ❑wc ev JEK SCALE: 1 -20' M LOT 16. BLOCK 2. DEt L PARK cKO B�: JSH DATE: naiggigns3 I SHFFT 9 nF o� 500 °00'00 "E 5.14' I R= 20.00' L= 26.03' I D =74 033'40" 1_ I° 0 I� 'N I �I m I ��K 12K a I M�aoP� 56, z I J pg. I ti ;D :N n 5.00' LIMITED ACCESS EASEMENT S LINE LOT 16. BLOCK 12 N90 000'00 "W 5.00' LOT 17, BLOCK 12 MAP OF DELL PARK P.B. 8, PG. 56, P.B.C.R. Q c. � m O co n co m cc KNk AN Vol M $ P LOT 18, BLOCK 12 MAP OF DELL PARK P.B. 8, Plo. 56, P.B.C.R. �L05 NU 13110 j Protect Nome: 4 ❑wc ev JEK SCALE: 1 -20' M LOT 16. BLOCK 2. DEt L PARK cKO B�: JSH DATE: naiggigns3 I SHFFT 9 nF • H R ` �r ;14161 im Tlr:la r 899 NE 2nd Avenue I J A L� 1, dr