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03-04-14 Regular MeetingCity of Delray Beach Regular Commission Meeting Tuesday, March 4, 2014 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings /Quasi - Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 - Fax: (561) 243 -3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. APPROVAL OF MINUTES: A. January 14, 2014 - Workshop Meeting B. January 27, 2014 - Special Meeting 5. PRESENTATIONS: A. S.P.LRLT. (Service, Performance, Integrily, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation) B. RESOLUTION NO. 06 -14: Approve Resolution No. 06 -14 recognizing and commending Maria Marino - Bollan for 30 years of dedicated service to the City of Delray Beach. 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. ACCEPTANCE OF RIGHT -OF -WAY DEED /S & H EXXON: ADDrove and accent a right -of -way deed for a two foot (2') dedication of alley right -of -way associated with S &H Exxon located at 206 N.E. 41h- Street. B. ACCEPTANCE OF RIGHT OF WAY DEED /S & H EXXON: Approve and accept a right -of -way deed for a twenty foot (20') corner clip at the southeast corner at the intersection of N.E. 211d Avenue (Pineapple Grove Way) and N.E. 41h- Street (Lake Ida Road) for S &H Exxon located at 206 N.E. 41h- Street. C. AMENDMENT NO. 1 TO THE AGREEMENT/MIDNIGHT SUN TOURS D /B /A HORIZON COACH LINES: Approve Amendment No. 1 to the Agreement with Midnight Sun Tours d /b /a Horizon Coach Lines (Bid No. 2013 -04) to correct a scrivener's error where "Evergreen Trails, Inc." was not listed as the name of the Contractor in the Standard Form of Agreement. CONSENT TO ASSIGNMENT /HORIZON COACH LINES TO ACADEMY BUS, LLC.: Approve Consent to Assignment between the City of Delray Beach and Horizon Coach Lines to Academy Bus, LLC. (Bid No. 2013 -04), which provides bus rental and driver service for the Parks and Recreation Department for the Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sports & Dance Competition and Overnight /Weekend Trips. D. THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT /PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM: Approve a Third Amendment to the Interlocal Agreement with Palm Beach Workforce Development Consortium which provides that the Consortium will add the Citv of West Palm Beach as a Consortium member and make clear that the Chief Elected Official (CEO) is the Board of County Commissioners of Palm Beach County and is the fiscal agent, grant recipient and administrative entity to administer the programs and funds in Region 21. E. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan and Special Election (Referendum) to be held on March 11, 2014. F. PROCLAMATIONS: 1. Sigma Gamma Rho Sorority Youth Day — March 8, 2014 2. All People's Day — March 22, 2014 G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 24, 2014 through February 28, 2014. H. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Ten -8 Fire Equipment Inc., in an amount not to exceed $50,000.00 for Pierce Fire Truck parts and services. The purchase award is in compliance with Ordinance No. 29 -13, Chapter 36, Section 36.03 (B), "Multiple Acquisitions from a Vendor Exceeding $25,000.00 in any Fiscal Year ". Funding is available from 501 - 3311 - 591 -52.50 (Garage Fund: Operating Supplies /External Parts) and 501 - 3311 - 591 -52.52 (Garage Fund: Operating Supplies /City Garage — Outside Service). 9. REGULAR AGENDA: A. WAIVER REQUEST /S & H EXXON: Consider approval of a request for waiver to Land Development Regulations (LDR) Section 4.6.18(B)(14)(iv)(2), "Windows and Doors ", to allow a minimum transparency or Mass surface area on the ground floor alonLy N.E. 4th street of 53.4% whereas 75% is required for S & H Exxon located at 206 N.E. 41h- Street. (quasi- Judicial Hearin B. MODIFICATIONS TO THE VALET PARKING LICENSE AGREEMENTS: Consider annroval of the recommended modifications to the Valet ParkinLy License Agreements. 1. RENEWAL OF VALET PARKING LICENSE AGREEMENT /TAVERNA OPA ATLANTIC, LLC., d /b /a TAVERNA OPA: Consider approval of a valet parking license agreement with Taverna Opa Atlantic LLC., d /b /a Taverna Opa located at 270 East Atlantic Avenue. 2. RENEWAL OF VALET PARKING LICENSE AGREEMENT /AVENUE BAR & GRILL d /b /a 32 EAST: Consider approval of a valet parking license agreement for Avenue Bar & Grill d /b /a 32 East located at 32 East Atlantic Avenue. 3. RENEWAL OF VALET PARKING LICENSE AGREEMENT /MAX'S HARVEST: Consider approval of a valet parking license agreement for Max's Harvest located at 169 N.E. 211d Avenue. 4. RENEWAL OF VALET PARKING LICENSE AGREEMENT /LSMS, INC. d /b /a TRAMONTI'S: Consider approval of a valet parking license agreement for LSMS Inc. d /b /a Tramonti's located at 111 East Atlantic Avenue. 5. RENEWAL OF VALET PARKING LICENSE AGREEMENT /CUT 432 RESTAURANT: Consider approval of a valet parking license agreement for Cut 432 Restaurant located at 432 East Atlantic Avenue. 6. RENEWAL OF VALET PARKING LICENSE AGREEMENT /CAFFE LUNA ROSA: Consider approval of a valet parking license agreement for Caffe Luna Rosa located at 24 South Ocean Boulevard. C. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to serve an unexpired term ending January 16, 2016 to the Code Enforcement Board. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 05 -14: Consider an amendment to Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", of the Code of Ordinances, by amending Section 36.04, "Protest Procedures ", to provide for time requirements for the City's response to bid protests; and amending Section 36.07, "Termination, Extension, and Renewal ", to clarify which contracts may be terminated by the City Manager. B. ORDINANCE NO. 03 -14: Consider a privately- initiated small -scale Future Land Use Map (FLUM) amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an associated amendment to the FLUM to identify that the property is included within the Southwest Neighborhood Overlay District, a parcel of land located on the south side of S.W. lit Street, between S.W. P-1 Avenue and S.W. 2nd Avenue within the Coda Development. (Quasi - Judicial Hearing) 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: February 28, 2014 SUBJECT: AGENDA ITEM - REGULAR COMMISSION MEETING OF MARCH 4, 2014 JANUARY 14, 2014 CITY COMMISSION WORKSHOP MEETING MINUTES WORKSHOP MEETING JANUARY 14, 2014 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, January 14, 2014. 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 Terrill Pyburn, Interim 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. Commission discussed allowing public comment for this meeting. It was Commission consensus to allow public comment on Workshop Item #2. WORKSHOP MEETING AGENDA 1. Presentation on Sea Level Rise and Storm Surge Mr. Andy Katz, Beach Property Owners Association, introduced Ms. Nancy Schnieder, MBA, MA, stating she has been an advisor to the BPOA on this topic. Ms. Schneider stated she has been a resident of Delray Beach since 2001 and conducted a Powerpoint Presentation on Sea Level Rise and Storm Surge. She discussed what it takes to be a resilient community i.e. planning for change to building codes and zoning. Ms. Schnieder highlighted the historic trend of rising seas, future projections /unified sea level rise projection, the impacts to Delray Beach, and salt water intrusion effects on drinking water in South Florida. In addition, she referenced the Coastal Resilience Website as well as discussed reasons for planned adaptation versus reactive adaptation. Ms. Schneider highlighted four approaches: protect/ fortify, accommodate, managed retreat /relocation and avoid. She provided an overview of resources and best practices, who some of the partners could be, the Southeast Florida Climate Change Compact, no cost tools, National Oceanic Atmosphere Administration (NOAA), Atlantic Avenue Profile Map, first steps for the plan, the FEMA Community Rating System, the Resilience Zone. Ms. Schneider stated that WPBT 2 will show a documentary on Sea Level Rise on tomorrow, January 15, 2014. Mr. Frankel thanked Ms. Schneider for her presentation and informed the public that the presentation will be on the website. He stated he is in agreement with the recommendation regarding a task force. Mr. Frankel stated we are getting renourishment done by the County. Mrs. Gray thanked Ms. Schneider and stated the presentation was very educational and this is a very important subject to Delray Beach. She asked Ms. Schneider how or where does the city get started and is there an estimated cost in regards to budgeting for next fiscal year. Ms. Schneider discussed the Climate Action Compact and mentioned the new sustainability officer. She also discussed previous recommendations that were made by the Green Task Force and highlighted additional things that could be done. Mrs. Petrolia stated she enjoyed the book regarding sea level rise. She stated this topic is very important to our city and asked how the city becomes a member of the Compact. She referenced the classes and asked if those locations are different from ours or is it just as easy for everyone to achieve the score. Mrs. Petrolia asked if the city were to implement the four recommendations would the city's score lower at all. Ms. Schneider responded regarding the Compact membership and classes. Mrs. Petrolia stated the real cost would be not doing something. She stated the city should move forward and there are some things that are very easy to implement and cost effective. Mr. Jacquet thanked Ms. Schneider for her presentation and stated he appreciates her knowledge. He discussed the planned adaptation versus being reactive. He stated the city should think strategically and bring the community together regarding this issue. He stated Ms. Schneider has outlined what it means to plan ahead and to see where the city is, where it could be and what could be done to avoid it. Mr. Jacquet stated the city will have to take the steps to get to where we need to be. Mayor Glickstein asked about the FEMA CRS rating and if the insurance premium discounts are on city owned assets. Ms. Schneider responded. Mayor Glickstein commented about the city's participation in the Compact and stated if it is the Commission's desire then a resolution can be placed on the next Consent agenda. He also discussed the task force and stated he feels a group of passionate informed citizens can go much further in regards to Sunshine Laws and get much more done. He asked Ms. Schneider due to her knowledge to start working on this with staff. He mentioned the BPOA and a coastal coalition that has been organized throughout the county. He thanked Ms. Schneider. Mayor Glickstein stated he received notice that there is a National Conference on Beach Preservation Technology in February and it would be great to have someone from staff to attend. 2. Comprehensive Parking Management Review Mr. Louie Chapman, Jr., City Manager, stated people have asked him why is the city discussing parking. He stated he was asked what the revenue sources are during last year's budget process. He feels that money has been left on the table as far as parking is concerned. He discussed budget, actuarial assumptions on pensions and unfunded liability. He stated the city has invested heavily in parking - structured parking. Mr. Chapman stated they have looked at a more proactive fee based parking management approach to recoup some of this investment. Mayor Glickstein introduced Mr. Randal Krejcarek, Environmental Services Director, and stated Mr. Krejcarek has served as the City's Engineer for a long time and stated the city is lucky to have him in this new role. 2 January 14, 2014 Mr. Randal Krejcarek thanked the Mayor and stated he wanted to thank the Parking Management Advisory Board (PMAB). Mr. Krejcarek stated alot of the recommendations he will present came from the PMAB at one point or another. He stated staff wants to present their recommendations and receive direction from Commission. Mr. Krejcarek stated in 2010 Kimley -Horn conducted a comprehensive parking study and out of the study there were 42 tangible tasks to be completed. He stated staff has completed almost half of them. Progress on the others is ongoing. Mr. Krejcarek discussed the parking study implementation progress, the proposed fee based program and its enforcement, and the organizational model. In addition, in- lieu /public parking fees, taxi stands, employee and valet parking, and trolley expansion /modification were topics of discussion. Public Comment: 1. Steve Blum stated workers will be parking in premier parking spaces and thinks all of the workers should be parking as far away as possible and utilize the trolleys. He asked if the trolleys are needed at all. In addition, Mr. Blum stated our parking system should be run similar to an airport's parking system. 2. Fran Marincola stated the plan is brilliant and it has been worked on for ten (10) years. He stated the city has enough parking and commented regarding thirty (30) minute, one (1) hour and two (2) hour parking. He discussed leasing of spaces and being grandfathered in. 3. Bruce Gimmy stated 25 years ago he was upset as a business owner about the parking problem on Atlantic Avenue. He stated parking is not free and those who use it should pay for it. He urged the Commission to make a positive move. 4. Dr. Alan Costello, Owner of Big Al's Steaks, stated he understands we need funds and the city needs to grow. He stated he knows there are parking meters on the beach but there is only one beach. Dr. Costello stated ultimately the parking meters will hurt business. He referenced a study completed by the Downtown Development Authority (DDA) and discussed enforcement regarding parking. 5. Alice Finst stated twice in the last two years she has spoken about extending the hours on the beach until midnight and provided the figures which would give the city additional income in the approximate amount of $200,000 per year. She suggested that the city look at the history of meters in the city and decide if it is really what they would what to do on Atlantic Avenue. 6. Rick Robinson, Owner of retail store next to Sazio's, stated they see a parking problem every evening and it develops as valets take several spots for their stands. He stated they lose parking spaces as a result. Mr. Robinson stated a meter does not accommodate this. He stated his experience regarding meters in general is they often go out of order, have problems, there are lines, and enforcement issues get even greater in the evening. 7. Victor Kirson spoke regarding the City Manager's comments about reserves and stated property values are going up. He stated he belongs to gyms in Boynton and Boca and they do not have to pay for parking. He asked why mess with something that is working and take the chance when the city could lose business. 3 January 14, 2014 8. David Cook, Owner of Hand's Stationers, stated he is not only the manager and property owner; he rents some properties. He stated he has seen the parking study several times. Mr. Cook referenced the cost of putting in meters. He stated there is no enforcement between Saturday through Monday; and enforcement typically ends around 2:00 pm. Mr. Cook stated that is when there is a problem. He feels that there is a parking problem only during season; not year round. He asked about the proposed time of 5 p.m. until 1 a.m. regarding meters and asked will the city really make money. He stated he cannot stand for meters. There is no simple parking meter; they are not user friendly. 9. Mark Denkler, Vince Canning Shoes, he stated he agrees with Mr. Cook. He stated if you look at the parking study it shows the highest capacity being 55 %. He stated the parking issues are bad at night time and it is a seasonal thing. Mr. Denkler stated the city gets sales revenue from what the businesses generate and the city could lose this if meters are put in. He stated there is no enforcement at night. 10. Alan Schlosber�, stated he is opposed to parking meters downtown. He discussed Florida's budget surplus and stated we should start to think of tourists and how the meters on Atlantic Avenue would affect the city. He stated Delray Beach is a tourist destination. Mr. Schlosberg stated the money the city is not worth it in terms of the loss to business owners and tourists who will not come here. He stated Delray has always been different from Boca and Fort Lauderdale and we should keep it that way. 11. Kevin Warner, stated 10 years ago he was in the chambers listening to people speak about a parking study. He stated it is time to do something. Mr. Warner stated Kimley -Horn consultants are professionals and know about parking. He discussed parking meters; and stated these are good recommendations built on a strong parking study and asked Commission to move forward. 12. Bill Branning., Member of PMAB and Community Redevelopment Agency (CRA), stated he agrees with the City Manager and stated it is fiscally responsible to manage the city's parking much better than it has been done. He stated the parking study was very comprehensive and there are other recommendations in there as well. Mr. Branning stated they should be reviewed and addressed. There being no else to speak Mayor Glickstein closed public comment. Mr. Frankel thanked Mr. Krejcarek and Mr. Aronson for their time yesterday regarding the presentation. He stated he supports the 30% in -lieu recommendation. He supports taxi stands but thinks staff should consider the area around Cut 432. Mr. Frankel stated something needs to be done regarding employee parking. Also, a lot of work is needed regarding valets -there needs to be some uniformity. He stated he would like to see an area on the south side of Atlantic Avenue for golf carts and electric vehicles because it is an increasing form of transportation downtown. Mr. Frankel stated that the city needs designated stops (drop off areas) for the trolley in the downtown area. The trolley really blocks traffic on Atlantic Avenue. He stated he respects staff recommendation regarding meters but does not agree with it. It needs to be user friendly for people to come and patronize the downtown area. There has been a lot of discussion and we need to show that Delray is open for business. He discussed enforcement, etc. and stated it is very important that the city looks at the garages. 4 January 14, 2014 Mayor Glickstein asked Mr. Frankel for clarification of what he thinks of staff's recommendation regarding valets. Mr. Frankel stated it is an area that needs to be looked at. Mrs. Gray thanked staff for the presentation. She stated this issue has been around for quite a while now and it is finally time to do something about it. She asked about the in -lieu parking spaces and how the spaces are managed in regards to the purchasing of them. She asked if there is a count of spaces. Mr. Krejcarek stated we have a count of how many spaces are sold per area; he stated we have capacity for this and there is not an issue regarding in -lieu spaces. Mrs. Gray commented regarding the Federspiel garage. Mr. Aronson clarified the in -lieu parking spaces and the Federspiel garage. Mrs. Gray asked about parking meters and where they will be located. She asked how will this be addressed regarding short time spots. Mr. Krejcarek stated they will work with the merchants on where 30 minute parking spots can be located. Mrs. Gray asked about the Capital Improvement Funds and if only $200,000 is budgeted for citywide building maintenance. Mr. Chapman stated that is an inadequate amount. Mrs. Gray stated the bicycle racks are a good idea and asked if the trolleys can be passed on to the Community Redevelopment Agency (CRA). Mr. Krejcarek stated staff is constantly looking for resources or ways to enhance it. Mrs. Gray asked if we have looked at the cost to staff the garages versus putting in meters. She stated she is ok with the proposed times but stated she is not comfortable with the times on the beach side. Mr. Aronson clarified the hours in the beach area. Mrs. Gray asked about the use of smartphones, credit cards, etc. and stated she does not agree with moving parking to West Atlantic Avenue. Mrs. Petrolia stated there are so many moving parts to this. She stated it is important to get it right. She stated she is not sure that the fee based parking is a great return on the city's investment. She stated it seems like a big investment without the city knowing where the return will be. She commented regarding the in -lieu parking spaces and stated it would have been nice to have the number of spaces that are in each area. Mrs. Petrolia stated she is okay with increasing the prices of the in -lieu parking spaces and asked for an explanation regarding the public parking fee i.e. market rate and current rate. She stated the taxi stands look good but how many spaces will be lost if the taxi stands are set up- 5 January 14, 2014 Mrs. Petrolia stated she is in agreement with not making the employee parking as convenient as possible -she stated it should be outside of the region where we need the prime spaces. She stated she is concerned with how this will be enforced. She asked about the valet parking stands and asked about the spaces. Mrs. Petrolia commented regarding the State Statute for the Florida Department of Transportation (FDOT) and asked have we tried to do the same thing for the Intracoastal. She commented regarding the trolley and stated this needs to be studied further. She asked what will be the cost to build a parking garage at this time. She stated we should be putting away monies for this cost versus putting it to the taxpayers. Mrs. Petrolia mentioned adequate parking spaces for restaurants. She asked questions sent to her by someone regarding debt service, proposed employees, if the plan will include on- street parking spaces for bicyclists and motorcyclists, how will the Downtown employees be encouraged to utilize parking at the library, and will the beach have an enterprise fund. She also suggested having some angled in golf cart spaces. Mr. Jacquet thanked Mr. Krejcarek for his presentation. He stated he has always been opposed to parking meters downtown and he still does not like them. He likes the idea of taxi stands because it unclutters the traffic on Atlantic Avenue. He stated the spaces for bikes and scooters are good. Mr. Jacquet commented regarding golf carts versus trolleys. He stated he likes the valet recommendations and possibly bringing the trolleys in house and saving 45 %. He stated the concerns of the business owners are legitimate and discussed previous concerns of business owners regarding the implementation of parking meters solely for raising money. He reiterated that he is opposed to meters but regarding what is proposed he likes the time. Mr. Jacquet stated the real problem is not managing what we have. In addition, he stated it is a matter of enforcement. Mayor Glickstein asked what was the usage factor in Mr. Krejcarek's calculations. He asked how the proposed rates compare to the rates on the Intracoastal now. Mayor Glickstein provided his remaining comments regarding parking by reading a statement into record. He stated he has spoken to several Mayors in Florida and the reason parking meters in various cities were pulled is because of how they implemented them i.e. poorly across the board, charged too much and with no educational process. In contrast, he commented regarding smart meters and stated Boca Raton has not seen any negative impact to the merchants. He spoke regarding Mizner Park and stated now it is easy to find parking spaces due to circulation versus finding spaces in the past. He stated circulation is needed in Delray Beach and we need predictable revenue. Mayor Glickstein stated he fully supports the consultants' work. He commented regarding the notion of parking tickets and enforcement. He stated he believes in combining the in -lieu fees in Areas 1 and 2 but does not understand why we are not charging the market rate. He stated the city needs to focus on reinvestment; and likes the idea of charging until midnight on the beach and stated the monies can be redeployed for beach renourishment. Mayor Glickstein stated if you do not know how much it cost to maintain city facilities, you do not know how to construct it better the next time you want to build something. He commented regarding bike racks on Atlantic Avenue and A -1 -A. Mayor Glickstein stated we need room for the golf carts because they take less space. He stated the 50% allocation of parking spots for employees seem excessive. In terms of the trolleys, he stated the trolleys stopping where they want to stop are a problem. He commented regarding the ridership and stated it is hard for him to support it in its current form. He referenced Mr. Branning's comment regarding the ULI in the parking study. Mrs. Petrolia stated at the Town Hall meeting with Victor Dover he suggested that you do not have to do something 100% right away but things can be done on a smaller scale. She suggested that we might want to do parking meters only in one quadrant of the city initially to see how it works. Discussion continued regarding parking. 6 January 14, 2014 Mr. Chapman stated this is a work in progress and staff has enough information to continue working on this. Mayor Glickstein adjourned the Workshop Meeting at 8:57 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, January 14, 2014, which Minutes were formally approved and adopted by the City Commission on March 4, 2014. 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. 7 January 14, 2014 MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: February 27, 2014 SUBJECT: AGENDA ITEM 4.B. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 JANUARY 27, 2014 CITY COMMISSION SPECIAL MEETING MINUTES SPECIAL MEETING JANUARY 27, 2014 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 10:02 a.m., on Monday, January 27, 2014. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - Commissioner Alson Jacquet Commissioner Adam Frankel Also present were - Robert Barcinski, Assistant City Manager Terrill Pybum, Interim City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. PAYMENTS TO SENTRY INDUSTRIES: Consider approval of payments in the aggregate amount of $102,000.00 to Sentry Industries for the purchase and delivery of sodium hypochlorite for the Water Treatment Plant (WTP). The recommendation is in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02 (C) "Direct Acquisition Method ", (5), "Emergency Acquisitions ". Funding is available from 441- 5122- 536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). Mr. Robert Barcinski, Assistant City Manager, introduced the item. Mrs. Petrolia asked why this item was not addressed at Tuesday night's meeting. Mayor Glickstein stated this was one of the items that the Commission moved to the February 4, 2014 meeting. Mrs. Petrolia asked if this is a generic chemical or if it is specialized. Mr. Randal Krejcarek, Environmental Services Director, stated this is a chemical that the city uses and provided an overview regarding how this is generally bid. Mrs. Petrolia asked was this bid according to the city's guidelines. Mr. Krejcarek stated this contract was entered into prior to the new ordinance that took effect. Mr. Barcinski spoke about the invoices. Mr. Victor Majtenyi, Deputy Director of Public Utilities, discussed a purchase award to Odyssey. Ms. Terrill Pybum, Interim City Attorney, stated based on the information she has it appears that we entered into a contract with Sentry Industries in March of last year. She discussed the bid and contracts; and provided an explanation regarding the old vendors and the chemical purchase. Mr. Krejcarek explained the process regarding vendors, contracts and funding for the fiscal year. Mrs. Petrolia asked why this was not bid in June. Mr. Krejcarek discussed the purchase order and the length of the contract. Mrs. Petrolia asked Ms. Pyburn if how this has been handled is okay to do legally. In addition, she asked staff about their statement concerning problematic vendors, deliveries and payments. Discussion continued. Mrs. Gray stated she is in favor of moving forward with this. Mayor Glickstein stated that Commission should not be hearing anything more regarding transitioning to a new ordinance in terms of why something that should be happening is not happening. Mayor Glickstein stated that regarding RFPs, bids or purchasing Department Heads need to review what they have regarding their departments and provide it to Ms. Pyburn. Mrs. Gray moved to approve the payments to Sentry Industries, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 3 to 0 vote. Mayor Glickstein adjourned the Special Meeting at 10:25 a.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Monday, January 27, 2014, which Minutes were formally approved and adopted by the City Commission on March 4, 2014. 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. 2 January 27, 2014 MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Louie Chapman, Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 QUARTERLY SPIRIT AWARDS PRESENTATION ITEM BEFORE COMMISSION Quarterly S.P.I.R.I.T. Awards presentation BACKGROUND The City of Delray Beach SPIRIT Award Program recognizes employees for their exemplary actions in following the City's Core Beliefs. This quarter, three employees were selected: John Connolly In 2010, Paramedic John Connolly began raising donations to purchase Thanksgiving dinners for needy local residents. That year he raised enough to feed ten families. In subsequent years, the number of dinners provided has increased and this year, he raffled off donations from Delray Beach businesses and was able to deliver 82 turkey dinners to the Caring Kitchen the week before Thanksgiving. Tim Garito Paramedic Captain Tim Garito was contacted eight years ago to see if the Delray Beach Fire- Rescue Benevolent would sponsor a team for the Miracle League. Not only did Captain Garito head up the effort to sponsor a team, he became an integral part of the League, running bases as a buddy, running the concession stand and helping wherever he is needed. He has even involved his family in this volunteer effort, giving back to the community. Bruce and Wayne Dinan Police Detective Bruce Dinan and Officer Wayne Dinan went above and beyond by assisting an elderly man in recovering his Cadillac after discovering that he had mistakenly sold it to an individual for $3,500 instead of $35,000. Not only did the Winan brothers convince the seller to return the car, Wayne, on his day off, accompanied the gentleman to CarMax to sell the car and purchase another vehicle. EXHIBIT A �Ry o Hn1p+Neam tfit� o � r _ a m� -r !N TH5 PE04��t SPIRIT Award Nomination Form Nominee Information: Name: Detective Bruce Dinan & Officer Wayne Dinan Department: Police Department Phone #: 561- 243 -7813 or 561 -243 -7800 Nominator Information: Name: Captai fchabl % oleman Department: Police Department Phone # 561- 243 -7813 Sign Date:—/& ' '% 3 The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the 1' Friday of the months of October, January, April, and July. An elderly gentleman (90 y.o.a.) and his wife who reside in a retirement home, purchased a $40,000 Cadillac. After a few months of owning the vehicle, he decided to sell it. He advertised the vehicle for $3,500 and received an offer. On July 18, 2013, he met the buyer and sold the luxury vehicle with less than 400 miles on the odometer for the asking price of $3,500 dollars. He had planned to use the money to purchase another vehicle the next day; therefore, he secured the money at his residence. However, just before securing the money he counted the money again and it was all there; $3,500. The next day he was unable to locate the money and believed someone had taken the envelope with the currency. He then reported the alleged theft and accused a caregiver at the facility of the theft. Officer Wayne SPIRIT Nomination Form; page 2 of 2 Revised, July 7, 2008 Dinan and Detective Dinan investigated the case and the victim reported that he sold his vehicle for $35,000 dollars. The investigation revealed the victim indeed sold the car, but it was sold for $3,500 dollars not for $35,000. The legal transaction was witnessed and confirmed by a representative from the bank. The victim was informed of his error by Detective Dinan, then immediately contacted the buyer of the vehicle. Through the fine art of persuasion by Officer Dinan and Detective Dinan the buyer returned the $40,000 vehicle. The buyer was reimbursed the $3,500 he paid for the vehicle and the registration fee. Officer Wayne Dinan believed the victim needed assistance and volunteered his time on his day off to take him to CARMAX to sell his vehicle and oversee the purchase of another vehicle. The director at the facility was extremely appreciative of Wayne Dinan's and Bruce Dinan's kindness and for going over and beyond. Through Officer Wayne Dinan's and Detective Bruce Dinan's thoroughness, compassion, as well as their investigative skills, they were able to resolve this delicate situation; in addition, exonerate the caregiver of any wrong doing. EXHIBIT A ,,� o RFSVp:,ee�ry l r rrs tw41_e SPIRIT Award Nomination Form Nominee information: Name: Captaan Tim Garito Department: Fire - Rescue Phone #: 243 -7400 Nominator Information: Name: Fire Chief Danielle Connor Department: Fire- Rescue Phone # 243 -7410 Signature: Date:. I l 7S I X91 3 The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the I' Friday of the months of October, January, April, and July. am nominating Captain Tim Garito for a SPIRIT Award for his involvement in the Miracle League for the last 7 years. Captain Garito was approached about 8 years ago to see if the DBFR Benevolent would be interested in sponsoring a team for the Miracle League. Here is some information on the Miracle League ( http: l/ www .miracieleaguedelraybeach.comn What is the Miracle League? The Miracle League's mission is to provide opportunities for all children to play baseball regardless of their ability. For over 10 years, the Miracle League Association has made it possible for children all over the country with physical and mental disabilities to achieve the same dream as their healthy peers - to play ball SPIRIT Nor,dnaaon Form; Pago 2 of 2 Revis -�d, July 7, 2008 The field is complete with a cushioned synthetic turf to help pre vent injuries, wheelchair accessible dugouts, and a completely flat surface to eliminate any barriers to the wheelchair bound or visually impaired players. The Miracle League is a non profit (501c) 3 organization. The Benevolent agreed to sponsor a team for $1000, and Captain Garito himself became an integral part of the league. For the past 7 years he has been a regular participant in the league, running the bases as a "buddy," working in the concession stand, and helping out whenever and wherever possible. He has volunteered for 6 -7 games per season, and there are two seasons per year. This league is extraordinarily important to the children to participate, and were it not for the volunteers, this league would not be possible. Captain Garito has involved his entire family in this effort, regularly attending with his wife and two children. This spirit of volunteering for such a worthwhile cause is a perfect example of who he is as a man, as a member of the Fire- Rescue Department, and as a giving member of this community. His willingness to give back personifies the tenants of the City's SPIRIT Award Program. EXHIBIT A /`K �m o R¢scaa /qr Q1R�T _,I'�ti ""'SIN THE P�C0' SPIRIT Award Nomination Form Nominee Information: Name: FFIPM John Connolly Department: Fire Phone #: 561 -243 -7400 Nominator Information: Name. Danielle Connor D artment: Fire Phone # 561 -243 -7410 Signature: lU 14 Date:_ I I �Z I3 The City of Delray Beach SPIRIT Award Program awards and recognizes employees for their exemplary actions in following the City's Core Beliefs by providing exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. Any City Employee may be nominated provided that he or she has demonstrated (a) an incident outside the normal scope of job responsibilities, (b) a history of exemplary City service through actions which display SPIRIT or, (c) an act or event which positively impacts the city, community, or general public. Please use the space provided below explaining the employee's exemplary service. Feel free to attach any supporting documentation i.e. photos, comment cards, etc. Nominations must be submitted to Human Resources no later than the 1st Friday of the months of October, January, April, and July. In November of 2010, FFIPM John Connolly began the initiative on behalf of the DBFR Benevolent to raise donations to buy turkey dinners for local residents in need for Thanksgiving. The first year, enough funds were raised and a total of 10 dinners were given to the Caring Kitchen for distribution. The fund raising consists primarily of "passing the hat" around for donations of Fire - Rescue personnel. The second year, FFIPM Connolly was able to provide 20 turkey dinners to the Caring Kitchen. This year, he had the idea to hold a raffle with donations from local hotels, restaurants, and businesses to raise money for this endeavor_ In addition, he reached out to the nurses and staff of the Emergency Department at Delray Medical Center for their support and assistance. The raffle proved to be a success, as a total of 82 turkey dinner fixings were dropped off to the Caring Kitchen the week before Thanksgiving! SPIRIT Nomination Form; Page 2 of 2 Revised, July 7, 2008 This initiative has been entirely Connolly's idea from the start. His enthusiasm and passion for this project are evident in everything he does. He is successful in rallying support for this project, raising funds to support it, and delivering on his vision. His actions fall directly in line with the values of the City's SPIRIT Program. He provided exceptional Service through Performance by acting with Integrity, being Responsible, taking Innovative action, and practicing Teamwork. FFIPM Connolly is an asset to this organization and his actions are a ray of hope for our community's most needy. MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Louie Chapman, Jr., City Manager DATE: December 12, 2013 SUBJECT: AGENDA ITEM 5.B. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 RESOLUTION NO. 06 -14; MARIA MARINO BOLLAN ITEM BEFORE COMMISSION Resolution No. 06 -14 honoring Maria Marino - Bollan for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full -time service are to be honored by the City Commission with a resolution and plaque. Maria Marino - Bollan, Accreditation Manager, achieved this milestone on January 31, 2014. RESOLUTION NO. 06 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARIA MARINO - BOLLAN FOR THIRTY YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Maria Marino - Bollan began her career with the City of Delray Beach on January 31, 1984 and on January 31, 2014, reached a milestone in her career, having achieved thirty years of full -time service with the City; and WHEREAS, Maria was hired as Secretary II in the Finance Department and was soon promoted to Administrative Assistant II. In 1990 she became a Police Planner and in 2005 was promoted to Accreditation Manager, where she has served with distinction and honor; and WHEREAS, Maria always conducts herself with the utmost professionalism and integrity and is a well- respected leader. She is an extremely valued employee who is dedicated to quality, perfection, teamwork and cooperation; and WHEREAS, Maria has received numerous awards and commendations for her excellent work ethic, dedication and willingness to participate in many committees and community- related programs. She serves as Team Leader for mock assessments for neighboring police departments, providing them with invaluable assistance in preparing for their own accreditations; and WHEREAS, Maria has demonstrated significant expertise in her position, leading the Delray Beach Police Department to attain the status as an accredited agency in 2004 and has since maintained this distinguished honor with reaccredita6on in 2007, 2010 and 2013, for which she has been honored by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Maria Marino - Bollan for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Maria Marino - Bollan for her many years of service, and wishes her the best of health and happiness in her continued employment. PASSED AND ADOPTED in regular session on this the 4 h day of March 2014. ATTEST: CITY CLERK MAYOR Res No. 06 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER MARK MCDONNELL, AICP, INTERIM DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: February 18, 2014 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 ACCEPTANCE OF A RIGHT -OF WAY DEED /S & H EXXON ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right -of -way deed for a two foot (2') dedication of alley right -of -way associated with S &H Exxon located at 206 NE 4th Street. BACKGROUND The subject property consists of 0.324 acres and currently contains a gas station with a convenience store. The existing 1,830 square feet building was constructed in 1967. It currently lies within the Pineapple Grove Main Street (PGMS) district in the CBD (Central Business District). On January 27, 2014, the Planning & Zoning Board conditionally approved the minor conditional use modification request to allow conversion of the three (3) existing service bays to retail use for expansion of the existing S & H Exxon convenience store. On February 12, 2014, the Site Plan Review and Appearance Board (SPRAB) conditionally approved the associated Class III Site Plan modification request. As a condition of site plan approval, a two foot (2') alleyway dedication along the east alley is required. Acceptance of this right -of -way dedication is the item before the Commission. Pursuant to LDR Section 5.3. 1 (13)(2), "Right Of Way Dimensions ", the required width of an alley is twenty feet (20') or the existing dominant width. Additional right -of -way width may be required to promote public safety and welfare, to provide for storm water management, to provide adequate area for street trees, and to ensure adequate access, circulation and parking in high intensity use areas. The currently dedicated alley right -of -way is sixteen feet (16'). The City Engineer has determined that the width of the alley should be expanded to a total width of twenty feet (20'), which is consistent with the widths that have been provided with recent redevelopment proposals in the Central Business District (CBD). Therefore, a dedication equivalent to one -half of the additional right -of -way (i.e. two feet) from the east property line is required. The right -of -way deed submitted includes "Exhibit A" which identifies the geographic area of the right -of -way dedication as it relates to the approved Class III Site Plan modification. The City Attorney has reviewed the right -of -way deed agreement and exhibits as it relates to form for legal sufficiency, and has determined it to be acceptable. REVIEW BY OTHERS On December 5, 2013, the Development Services Management Group (DSMG) recommended approval to the City Commission for the provision of the two foot (2') right -of -way dedication along the west side of the alley adjacent to the east property line of S &H Exxon located at 206 NE 4th Street. RECOMMENDATION By motion, accept the two foot (2') alley right -of -way deed for S &H Exxon located at 206 NE 4th Street. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT -OF -WAY DEED THIS INDENTURE made this S" day of 20, between 11 0_ , with a mailing address of') c�,F ST as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following - described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above - described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described right -of -way and that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered (Name printed or typed) STATE OF COUNTY OF PARTY OF THE FIRS PART By: A t, -Ew (Name printed or typed) 1 30g Sr (Address) The foregoing instrument was acknowledged before me this / i' day of 20,-/, by ,��.� C'C who is personally knower to .me or has produced as identification. 1 �!F=gg°•r. "Ys. ROSANNE POOLE (SEAL) s:_ Commission # FF 011001 Expires August 13, 2017 Signature of Notary - Bonda<i Thru Troy Fain Insurance 800385 -7019 g > State of Florida ATTEST: City Clerk Approved as to Legal Form: City Attorney 2 CITY OF DELRAY BEACH, FLORIDA By: Cary Glickstein, Mayor ACCURATE LAND SURVEYORS, INC. 1150 E. ATLANTIC BLVD. L.B. #36.35 TEL. (954) 782 -1441 POMPANO BEACH, FLORIDA 33060 SHEET 1 OF 1 FAX. (954) 782 -1442 LEGEND OF ABBRIVATIONS: P.B.C.R. = PALM BEACH COUNTY RECORDS C/L = CENTERLINE N. = NORTH S. = SOUTH E = EAST W. = WEST P.B. = PLAT BOOK PG. = PAGE W R/W = RIGHT OF WAY ' SKETCH OF N DESCRIPTION s _ N.E. 4th STREET __�_ _ —- (50 RIGHT OF WAY) asphalt 25.00' z olm � N c> 7 =la O D D Z C M I i 25.00' 2D 0 10 20 f O ® 1 GRAPHIC SCALE 1 " =20' 2. - - - - --- -- -- -- -- -- — 133.10' -- -- - -- O� I �^ 9� I I RIGHT OF WAY DEDICATION I LOT 1 ALLEY BLOCK 81 DEDICATION I I I uI 135.10_ _ I Cn LOT 2 BLOCK 81 I S9• I R�ti Ste` 190— 133.10' __ /1----- - - - - -- LOT 3 BLOCK 81 2.00' STREET ADDRESS: 206 N.E. 4th Street, Delray Beach, Florida 33444 a: 1-1 r ;Om D v RIGHT OF WAY DEDICATION DESCRIPTION: The East 2.00 feet of Lots 1, and 2, Block 81, SUBDIVISION OF BLOCK 81, DELRAY, FLA, according to the Plat thereof, as recorded in Plat Book 11, Page 32, of the Public Records of Palm Beach County, Florida. Said described parcel containing 209 square feet, more or less. NOTES: 1. Unless otherwise noted field measurements are in agreement with record measurements. 2. Bearings shown hereon are based on a bearing of N /A. 3. The lands shown hereon were not abstracted for ownership, CERTIFICATION. rights of way, easements, or other matters of records by Accurate Land Surveyors, Inc. 4. Ownership of fences and walls if any are not determined. 5. This sketch is the property of Accurate Land Surveyors, Inc. and shall not be used or reproduced in whole or in part without written authorization. 6. This sketch is made for the exclusive use of the certified hereon, to be valid one year from the date of survey as shown hereon. We hereby certify that the attached sketch of the hereon described property is true and correct to the best of our knowledge and belief as delineated under our direction and does not constitute a field survey as such. I further certify that this sketch meets the minimum technical standards under Rule 5J -17 adopted by the Florida Board of Land Surveyors, January 11th. 2010. Not valid without Ithe signature and thcl original raised seal oft Florida Licensed CERTIFY TO: ROBERT L. THOMPSON (PRESIDENT) Lutz Petroleum PROFESSIONAL SURVEYOR AND MAPPER No.3869 — STATE OF FLORIDA DATE OF SKETCH DRAWN BY CHECKED BY SCALE 1 "= 20T NUMBER 02 -17 -14 MLW MLW MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER MARK MCDONNELL, AICP, INTERIM DIRECTOR OF PLANNING AND ZONING THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER DATE: February 18, 2014 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 ACCEPTANCE OF A RIGHT OF WAY DEED/ S & H EXXON ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a twenty foot (20') corner clip right -of- way deed at the southeast corner at the intersection of NE 2nd Avenue (Pineapple Grove Way) and NE 4th Street (Lake Ida Road) for S &H Exxon located at 206 NE 4th Street. BACKGROUND The subject property consists of 0.324 acres and currently contains a gas station with a convenience store. The existing 1,830 square feet building was constructed in 1967. It currently lies within the Pineapple Grove Main Street (PGMS) district in the CBD (Central Business District). On January 27, 2014, the Planning & Zoning Board conditionally approved the minor conditional use modification request to allow conversion of the three (3) existing service bays to retail use for expansion of the existing S & H Exxon convenience store. On February 12, 2014, the Site Plan Review and Appearance Board (SPRAB) conditionally approved the associated Class III Site Plan modification request. As a condition of the site plan approval, a twenty foot (20') corner clip right -of -way deed at the southeast corner at the intersection of NE 2nd Avenue (Pineapple Grove Way) and NE 4th Street (Lake Ida Road) is required. Acceptance of this right -of -way dedication is the item before the Commission. 20' CORNER CLIP DEDICATION Pursuant to Land Development Regulations Section 5.3. 1 (13)(3), "Right Of Way Dimensions ", a 20' corner clip dedication is required in the CBD (Central Business District) where two rights -of -way intersect. Therefore, a dedication equivalent to twenty feet (20') is required at the southeast corner at the intersection of NE 2nd Avenue (Pineapple Grove Way) and NE 4th Street (Lake Ida Road). The right - of -way deed submitted includes "Exhibit A" which identifies the geographic area of the right -of -way dedication as it relates to the SPRAB- approved Class III Site Plan modification. The City Attorney has reviewed the right -of -way deed agreement and exhibits as it relates to form for legal sufficiency, and has determined it to be acceptable. REVIEW BY OTHERS On December 5, 2013, the Development Services Management Group (DSMG) recommended approval to the City Commission for the provision of the twenty foot (20') corner clip at the southeast corner at the intersection of NE 2nd Avenue (Pineapple Grove Way) and NE 4th Street (Lake Ida Road). RECOMMENDATION By motion, accept the twenty foot (20') corner clip deed for S &H Exxon located at 206 NE 4th Street. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT -OF -WAY DEED THIS INDENTURE made this i L� day of F .J 2011, between �} "A#\�y 11=A JQ 0 , with a mailing address of "SE Y31 �_ i rP"w `cAc_fi Riawo as party of the first part and CITY OF DELRAY BEAC , FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following- described land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right -of -way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right -of -way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right -of -way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above - described right -of -way and that the same is unencumbered. Where the context of this Right -of -Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Si ned, sealed and delivered PARTY OF THE FIRST PART W. n the resence off; By: E / AND2EW 142EN iC K (Namr-Ilrinted or )yped (Name printed or typed) q SE (Address) (Name printed or typed) STATE OF Cc�rvr,l�� COUNTY OF�!� The foregoing instrument was acknowledged before me this 15/ day of 20 L1, by who is personally known to m_e or has produced as identification. Y'Jy..9 ROSANNE POOLE '� Commission # FF 011001 (SEAL) k'- 13, 2017 Expires August �sasao,s %;rl •F �op•� sanded Thm Troy Fein lnsurenae8 Signature of Notary Public - P,,, State of Florida ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Legal Form: City Attorney 2 ACCURATE LAND SURVEYORS, INC. 1150 E. ATLANTIC BLVD. L.B. #3635 TEL. (954) 782 -1441 POMPANO BEACH, FLORIDA 33060 1 SHEET 1 OF 1 _ FAX. (954) 782 -1442 LEGEND OF ABBRIVATIONS: P. B.C.R. = PALM BEACH COUNTY RECORDS C/L = CENTERLINE N. = NORTH S. = SOUTH E. = EAST W. = WEST P.B. = PLAT BOOK PG. = PAGE R/W = RIGHT OF WAY SKETCH OF 20 0 10 20 GRAPHIC SCALE 1"=20' DESCRIPTION s Land Surveyors, Inc. _ — N.E. 4th STREET__ and does not constitute a field surrey as such. I further certify that this sketch meets the minimum technical standards under Rule 5J -17 adopted by the Florida Board of 5. This sketch is the property of Accurate Land Surveyors, Inc. and Land Surveyors, January 11th, 2010. (50 RIGHT OF WAY) authorization. C9 6. This sketch is made for the exclusive use of the certified hereon, asphalt u' I o POINT OF BEGINNING CERTIFY TO: ° ROBERT L. THOMPSON (PRESIDENT) °- N.W. CORNER OF LOT 1 BLOCK PROFESSIONAL SURVEYOR AND MAPPER. No.3869 – STATE OF FLORIDA 81 P.B. 11, PG. 32, P.B.C.R. S. R/W LINE N.E. 4th STREET N. LINE OF LOT 1 BLOCK 81 P.B. 11, PG. 32, P.B.C.R. -- - - - - -- 25.00' \� \20.00' \� - - -- �'IOOI C711 M rte\ RIGHT OF WAY DEDICATION j a o I I LOT 1 o'I 4 –rl < E. R/W LINE N.E. 2nd AVENUE W. LINE OF LOT 1 BLOCK 81 I Q BLOCK 81 A Z P.B. 11, PG. 32, P.B.C.R. C I N M I� I 1� I I ti� I �9ys3 I 25.02 I90Ru _ _ __ _ _ _ _ 135.10 __ /[-- __ - - - --. _ -- — 7� LOT I 2 BLOCK 81 STREET ADDRESS: 206 N.E. 4th Street, Delray Beach, Florida 33444 RIGHT OF WAY DEDICATION DESCRIPTION: A portion of Lot 1, Block 81, SUBDIVISION OF BLOCK 81, DELRAY, FLA, according to the Plat thereof, as recorded in Plat Book 11, Page 32, of the Public Records of Palm Beach County, Florida, being more particularly described as follows; Beginning at the Northwest corner of the aforementioned Lot 1, thence Easter'y along the North line of the aforementioned Lot 1 Block 81, also being the South right of way line of N.E. 4th Street, a distance of 20.00 feet; thence Southwesterly through an angle of 45 °18'30" in the Southwest quadrant, a distance of 28.13 feet to a point of the West line of the aforementioned Lot 1; thence Northerly along the aforementioned West line of Lot 1, also being the East right of way line of N.E. 2nd Avenue, a distance of 20.00 feet to the Point of Beginning. Said described parcel containing 200 square feet, more or less. NOTES: 1. Unless otherwise noted field measurements are in agreement with record measurements. 2. Bearings shown hereon are based on a bearing of N /A. 3. The lands shown hereon were not abstracted for ownership, d b A f- CERTIFICATION: rights of way, easements, or other matters of recor s y CCU ra We hereby certify that the attached sketch of the hereon described property is true Land Surveyors, Inc. and correct to the best of our knowledge and belief as delineated under our direction 4. Ownership of fences and walls if any are not determined. and does not constitute a field surrey as such. I further certify that this sketch meets the minimum technical standards under Rule 5J -17 adopted by the Florida Board of 5. This sketch is the property of Accurate Land Surveyors, Inc. and Land Surveyors, January 11th, 2010. shall not be used or reproduced in whole or in part without written authorization. C9 6. This sketch is made for the exclusive use of the certified hereon, Not valid without to be valid one year from the date of survey as shown hereon. (th�. signature and the) ginal raised seal off Florida Licensed �GJ Z /�_ / Surveyor j l '1_^d M/ CERTIFY TO: ROBERT L. THOMPSON (PRESIDENT) Lutz Petroleum PROFESSIONAL SURVEYOR AND MAPPER. No.3869 – STATE OF FLORIDA DATE OF SKETCH DRAWN BY CHECKED BY SKETCH Oz -n -14 MLw MLw SCALE 1 "= 20' NuMeeaSU- 14 -0441A MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: February 27, 2014 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 AMENDMENT NO. 1 TO THE AGREEMENTAHMIGHT SUN TOURS D /B /A HORIZON COACH LINES ITEM BEFORE COMMISSION The item before the Commission is to approve Amendment No. 1 to the Standard Form of Agreement between City of Delray Beach and Midnight Sun Tours d/b /a Horizon Coach Lines. BACKGROUND Amendment No. 1 to Bid No. 2013 -04 is a mutual agreement to amend and modify the Standard Form of Agreement between the City of Delray Beach and Midnight Sun Tours d/b /a Horizon Coach Lines to include Evergreen Trails, Inc. as Contractor. Bid No. 2013 -04 was awarded to "Midnight Sun Tours/Evergreen Trails, Inc. d/b /a Horizon Coach Lines" on October 16, 2012. However, due to a scrivener's error, "Evergreen Trails, Inc." was not listed as the name of the Contractor in the Standard Form of Agreement between the City and Contractor. Evergreen Trails, Inc. supplied the corporate acknowledgement and the proof of insurance required by the Agreement. RECOMMENDATION The Parks and Recreation Department recommends approval of Amendment No. 1 to the Standard Form of Agreement between the City and Contractor. AMENDMENT NO. 1 TO THE STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AMENDMENT NO. 1 to the Standard Form of Agreement Between City and Contractor between MIDNIGHT SUN TOURS dlbla HORIZON COACH LINES (the "Contractor ") and the CITY OF DELRAY BEACH, FLORIDA (the "City "), is entered into as of this day of March, 2014. WITNESSETH: WHEREAS, City and Contractor mutually covenant and agree to amend and modify the Standard Form of Agreement Between City and Contractor entered into on December 0, 2012 to correct a scrivener's error that named the wrong entity as the Contractor awarded Bid No. 2013 -04. WHEREAS, Bid No. 2013 -04 was awarded to "Midnight Sun Tours/Evergreen Trails, Inc. dlbla Horizon Coach Lines" on October 10, 2012. The Bid was awarded to Midnight Sun Tours/Evergreen Trails, Inc. dlbla Horizon Coach Lines, however, due to a scrivener's error, "Evergreen Trails, Inc." was not listed as the name of the Contractor in the Standard Form of Agreement Between City and Contractor. Evergreen Trails, Inc. supplied the corporate acknowledgement and the proof of insurance required by the Agreement. WHEREAS, the parties desire to further amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2, The parties desire to amend the first paragraph of the Agreement to correct the name of the Contractor: "THIS AGREEMENT made this 6th day of December, 2012, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Midnight Sun Tours /Evergreen Trails, Inc. dlbla Horizon Coach (hereinafter called Contractor). 3. The parties desire to amend the agreement to add Paragraph 12 "Inspector General" and Paragraph 13 "Public Records" to comport with recent changes to county and state law: 12. Inspector General: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract and maV demand and obtain records and testimon from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed bV the City to be a material breach of this Agreement mustifying its termination. 13. Public Records: Contractor shall comply with all public records laws in accordance_ with _Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 2 c Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure re uirements. All records stored electronically must be provided to the CitV in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of December 6, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Print Name: 3 CITY OF DELRAY BEACH, FLORIDA Mayor (SEAL) MIDNIGHT SUN TOURSIEVERGREEN TRAILS, INC. dlbla HORIZON COACH LINES By: Print Name: Title- WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows; 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid General Conditions, Instructions and Information Indemnity[Hold Harmless Agreement Cone of Silence Insurance Requirements Insurance form Sample Standard )'worm of Agreement Corporate Acknowledgment Certificate (If Corporation) Specifications Schedule of Pricing Bidders Information Checklist Drug Free Work Place Certification References Bid Signature Form Statement of No Bid Attachment "A" Live Scan Background Screening Submission Form Attachment °B" Prior Tab Sheet PAGE NUMBERS 1 2 -5 6 7 8 9 10 -14 15 16 17 -20 21 22 23 24 25 26 27 28 BID No_ 2013 -04 Bus Rental & Driver Service Page 10 Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force, The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Midnight Sun Tours /Horizon Coach Lines 220 South Dixie Highway, Suite #2 Lake Worth, Florida 33460 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. BIB No. 2013 -04 Bus Rental & Driver Service Page 11 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by- -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by BID No. 2013 -04 Bus Rental & Driver Service Page 12 anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. BID No. 2013 -04 Bus Rental & Driver Service Page 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: � P City Clerk Approved as to form: CAD (Print or type name and title) CITY OF DELRAY B In CC go Nelson S. McDuff e, M111MA (Print or type name and title) (SEAL) BID No. 2013 -04 Bus Rental & Driver Service Page 14 ,4ccjRC�0 CERTIFICATE OF LIABILITY INSURANCE °ATE`MM' °DIYYYYj 11/08/2012 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(tes) 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 NAME: Denise Mazer Hourglass HR, LLC dba PHONE 941 - 479 -4926 941- 847 -0816 A/C No Ext : AIC, No ADDRESS: Hourglass Insurance Solutions P.O. Box 468 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Occidental Fire and Casualty Co. of North Carolina 23248 Terra Ceia, FL 34256 INSURED INSURER B: Lexington Insurance Company 19437 Evergreen Trails, Inc. dba Horizon Coach Lines INSURER C: Nautilus Insurance Company 17370 Horizon Coach Lines Paymaster LLC INSURER D: Cypress Insurance Company 10855 4500 West Marginal Way INSURER E : Berkshire Hathaway Homestate Insurance Company C Seattle, WA 98106 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM1DDIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence} $ 100,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MED EXP (Any one person) $ C Y Ni 0411512012 04/15/2013 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS - COMPICPAGG $ 2,000,000 POLICY JPFF I EC7 LOC $ AUTOMOBILE LIABILITY 70VST=INULL LIMI I (Ea accident) $ 5,000,OaO BODILY INJURY (Per person) $ ANY AUTO A ALL OWNED J AU708 LED AUTOS Y CA00037547 0411512012 04/15/2013 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS (Per accident) & S UMBRELLA LAB OCCUR EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 B EXCESS LIAB CLAIMS.IVADF Y 00099222382012 04/1512012 04/15/2013 DED 11 11 RETENTION$ $ D,E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y�—I—N� OFFICER MEMBEER EXCLUDED? ECUTIV N NIA 3300062321- 1211FLW001237 08131!2012 D813t120t3 WC STA - OTH- TORY LIMITS ER E.L. EACFI ACCIQENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE 5 1,000,000 (Mandatory In NH) If yyes, dascnba under E.L. DISEASE - POLICY LIMIT $ 1,000,000 D SCRIPT €CN CF OPERATIONS below B Excess Commercial Auto Liability Y 0009922222 0411512412 04/15/2013 $5,000,000. DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD I D1, Additional Remarks Schedule, If more space Is required) 30 Day Notice of Cancellation applies, in accordance with the Motor Carrier Act. Certificate Holder is included as Additional Insured, as it respects to all policies (except Workers' Compensation), as required by the written contract, but only for liability arising out of the operations of the Named Insured. As applicable to Bid #2013 -04, Bus rental & Driver Services Park and Recreation Annual Contract. 1�rrr[I IFIVMI G MULUMM t ANN tLLAI IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 100 NW 1 st Avenue Delray Beach FL 33444 Denise Mazer, Agent AcOKU 25 (2010105) ©1988 -2010 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD 11/26/2012 14:41 5SI5925862 HORI70N COACH LINES PAGE 01/01 BUSINESS TAX RECEIPT APPLICATION & CONTRACTOR RE'OISMArION CITE' OF DEL RAY BEACH 100 KW, 11" Aveh;ue, Delray Reach, Florida 33444 (561) 243 - 7219 . FAX (561) 243 -7221 Website, my4alra0each,,com NAME OF SWINESS Evergreen Trails, Inc. d.b.a Horizon Coach Lines El New 13 Transfer HOME OCCUPATION Y 13 N M FEIN' -_1k ffQ919_.... „ � SSN: LOCATION OF BUSINESS 22p South Dixie Highway, quite #2, Fake Worth, Florida 33460 MAILINQ ADDRESS, IF DIFFERENT TELF,PHONE,M -, AS -� YE6_.... __ , CELL # FAX # 561- 582 -5862 BUSINESS TAX RECEIPT APPLICATION N ONLY NAME OF SOLE PROPRIETOR OIL CORPORATION Ev_ergrQQ.a.7�ails, fnc. HOME ADORES 17810 Meethghou -5e Read, 5uit� 200 �. ...-TELEPHONE 3t�T- 260 -3�7 Sandy Spring, Mll) 20860 REGISTERED AGENT OF 00HPOR.ATION (it applicuble); ADDRESS TELEPHONE MANAGER Frank Shermam, CI=O � TELEPHONE 301 - 260 -2070 CONTRACTORS REGISTRATION ONLY QUALIFIER'S NAME HOURS OF OPERATION Adrnin : 9 am - 5 m DATE BUSINESS STARTED OWNER$ BIRTHDATE AT THIS LOCATION 2002 (if over 65) n/a NO. OF ROOMS (Apt/Hot�al)� APPLICATION BATE _ /15/201 NO, OF SEATS (Re2 aurant) NATURE OF BUSINESS Transportation - charter bus SIIGNATU � C AIIl1a Anna Einle , General Manager THE A]30VF %910NED APPLICANT F09 A CITY OP D BEACH BUSINESS TAX RECEIPT HEREBY ACKNOV LEDOFS THAT THIS SUSINESS TAX nEGEIPT IS ISSUED V THE CITY AS PART OF THE GITY'S TAXING FUNCTION, AND IS NOT TO 8F_ CONSTRUEDTO SE APP€ OVAL IN ANY FASHION 01t AcKNOWLEL)02MENT OF GOMPUANCE WITH APPLI10AE)LEj STATUTES. LAWS ANb ORDINANGF8 IMCLU€ ING RUT NOT LIMITED TC ZONImo RTMULATI )N% NOR CONIFJANCE WTH ANY OTI1ER Fir-GUL.ATORS RE5TrptOTIONR WHICH MAY @E APPLICABLE To THE SUBJEaT INCLUDING OUT NCT LIMIT50 TG THE COUNTYWIbE WELLFIr= t PROTEC' ION ORDINANCE, AS A6llTNDr_ -D iy'Rdltlk 71611E TO Tlm , FOR CSI =FILE USE ONLY BIAS, TAX NO� . C-ATFiGORY UIEE ZONING APP. ATP iC7 _ yak City of Lake Worth F Ok ' I'I_,'G Building Department �' •, „� 1900 2nd Avenue North <Dft1bA Lake Worth, Florida 33461 Jill 4 . EVERGREEN TRAILS, INC. DBA HORIZON COACH LINES 220 S DIXIE HWY LAKE WORTH FL 33460 �dj2 is � <'Q�atitp/P City of Lake Worth Building Department 1900 2nd Avenue North Lake Worth, Florida 33461 Dear Business Owner, Your contribution in the continued growth of the City of Lake Worth is appreciated. In accordance with Section 14 -12, the document below must be posted in a conspicuous place on the premises of your business, If assistance is required, please contact the Community Development Department by telephone at (561) 586 -1647 or visit the City of Lake Worth's website at www, lakeworth.org. Thank you. DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR PLACE OF BUSINESS �akF ,. NON 'TRANSFERABLE City Of Lake Worth City of Lake Worth l Business Tax Receipt 20'12 -2013 �sao 2nd Avenue North �t'oAivA Lake Worth, Florida 33461 USINESS NUMBER: 0020683 USINESS NAME: EVERGREEN TRAILS, INC. USINESS ADDRESS: 511 S EAST COAST ST, LAKE WORTH FL 33460 -4428 LICENSE NUMBER CLASSIFICATION DESCRIPTION 13- 00030952 10.09 BUS SIGHTSEEING, Rr T- d, EXPIRES SEPTEMBER 30th 2013 CITY OF DELRAY BEACH 100 NW V AVENUE, DELRAY BEACH, FL 33444 BID No. 2013 -04 BUS RENTAL & DRIVER SERVICES PARKS AND RECREATION ANNUAL CONTRACT MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - NELSON S. M�DUFFIE - THOMAS CARNEY -ADAM FRANKEL - ANGELETA GRAY -AL JACQUET -DAVID HARDEN Purchasing Division +Finance Department ♦(561) 243- 7161 *Fax (561) 243 -7166 �I INVITATION TO DID PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-716117163 Fax, (561) 243 -7166 BID NO. #2013 -04 DATE: AU ust 16 2012 TITLE: Bus Rental & Driver Service for Parks and Recreation BIDS MUST BE RECEIVED ON OR BEFORE. Wednesday, September 12, 2012, prior to 2:00_p.m. at which time all bids will be publicly opened and read, INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as fisted herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444_ Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) ORIGINAL AND ONE (1) COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and /or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. BID No. 2013 -64 Bus Rental & Driver Service Page 1 GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS 1. SUBMISSION AND RECEIPT of BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of one hundred and twenty (120) days from the date of opening unless otherwise stated by the City or bidder. B_ Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and /or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market_ D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.Q.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B_ Time will be of the essence for any orders placed as a result of this bid, Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. BID No. 2013 -04 Bus Rental & Driver Service page 2 5. 13RAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only_ Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified_ 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7, SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and /or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense_ 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 91. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards, B. Whenever a bid is sought and services secured for any type of on -site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. BID loo. 2013 -04 Bus Rental & Driver Service Page 3 13. SIGNED BID CONSIDERED AN OFFER. This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: A: PERMITS. Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City s Risk Management Office at (661) 243 - 7150. See pages 13 & 14 for Insurance Requirements_ A "sample" certificate has been attached. 1s. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications andlor conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material /service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non - conforming, non - responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAKES: The City of Delray Beach is exempt from any sales tax imposed by the State and /or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85- 8012621559C- 4appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 16 (Bailer Pl_atel Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. BID No. 2013 -04 Bus Rental & giver Service Page 4 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, ONE (1) consecutive term(s) of TWO (2) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI - COLLUSION: A_ Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (1 g) or more in the bidder's firm or any of it's branches. 23. NON - DISCRIMINATION., The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin_ The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. BID No. 2013 -04 Bus Rental. & Driver Service page 5 Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fuiiest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractors Name Midnight Sun fours /Horizon Coach Lines Signature. BID No. 2013 -04 Bus Rental &. Driver Service Page 6 CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on "DemandStar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with City employees who are present at the mandatory pre -bid meeting during the he actual pre -bid meeting. Once the pre -bid meeting is. over, bidders may on €y communicate tir,+ith employees of the Purchasing Division. Contractor's Name Midnight Sun Tours /Horizon Coach Lines Signature BID No. 2013 -04 Bus Rental & Driver Service Page 7 i INSURANCE REQUIREMENTS - -- A, GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,000 each accident_ 2. Comprehensive General Liabilit - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and /or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy fled by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non- Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only, name the types of policies provided, but shall also refer s ecificall to this bid and section and the above paragraphs in accordance with which such insurance is being furnished and shall state that such insurance is required b such paragraphs of this contract. The successful bidder will include the Ci of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor ton and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate ". BID No. 2013 -04 Bas Rental & Driver Service Page 8 Attachment I, 1 -of 3 A-GORD. CERTIFICATE OF UABILtTY INSURANCE .1M r�u Good Insurance, Inc. P-0. Box A —I Best City, USA 00000 THIS CERTIFICATE IS SCiE0 AS A MATTER OF INFORhTATM ONLY MM 6;0W RS Np WORTS ISFRN THE CERTIFICATE HOWER, THIS CERTIFICATE I7MS NOT AMrzND, EXTEND OR ALTER THE COVFF.AM AFFOROM BY THE POLICIES SELaw INSURERS AFFORDING COVERAGE NAIL # p75i7R}31 Willing Workers Assoc. ABC Drive Anytown, USA 00001 RtSUFilS{A A MURERe: AEtNFRALL"LSTY 3NS SREYtG: GLP077604 1Fi3 RERY7: 0110111 RMWRIt z $00,000 7HE POL1GiES QF INSi1RA3SCE USTED &Ei.AW HAVEH�I =1�I k55U� TQ 7'ttEf3�UF� f�uvaEY3 ABOitE FQFi THE FO7i�' Fk�€d� li�l�iICATFR. ii4TWf�H57AWF71NG ANY REMILREMEKt. TERM OR CONOMON-OF AW WNlMAC'f OR Or; HER DOC. MEKT WTH RESPCT TO WHi-H THIS CERTPKATE NAY BE ISSUED OR MAY PERT0 M, THEINSURANCEAFFOMMaY THEpoUaESDE, SCRiBER HEREIN ISSUBJECTTOALLTH £TEAIS,EYCUIRIONS AND COhO[ OW OF SUCH KUCIES- RGGflEO<tTr<LMiSSHOWNSKYk hViY BEENRI nMrEDBYPAIDOLAIMS. .1M F'DiIGYFifid[BF3i PaIJCYO EM }'Oi. F21 -111 T—l" LoIIYy A AEtNFRALL"LSTY 0wM8RCMGFNwh w1MurY CLUMSNAOE �4GCUR GLP077604 0:1101 /I0 0110111 F'l.LHiilxtlRRENCE z $00,000 s s k1F'D�(Amycrra � S - PEFMONAL &AM INJURY S OENaULACGREGAYE x T,000;GGG GFK7.A$C6FiC- CA'CELIttiY P.E'F�I,EFsYER: F'RGWCr&- Cb1aPRiP AGG S Pat" A AWAMO ALP077606 01/01/10 01/01/11 : 300;:600 DODILYMAIRY ; f.u0%11FDAVMS acwm, uAums BflOELY,1M.rJRY I�amdsn6k ARWAU:OS NON- D'NNEUAl7i0.S - PFisI�AlAARE & / ¢wlL4txE WBFkSi'Y -' .�[.fiODNLY- EAACQnETi # .OTi�lfdAN EAJ4t -C AVMONLr. AGG $ ANYMMI S EKCEFifiI M8ReiJALVJMLr1Y - BNoionmIRRENGE S AGGtieGAlk s oca,Fe Q exe�esMaaE 'x s �xx�iax>w _ F�fEM7A5i # B WbitlC� C D1tpEKgA�iQ}F ANR oyarrnrc, x� �vwnEna WEP077606 03/01110 03101/11 �STA'R1° GIH- rrMXiXCC eIT s 100,000 E orsE -ea ra, a pr s 100,000 s ntPr»vlsl�r+s I,alseA - POLF9YtJANF s 600.000 ❑SHM os36CaHR[aM GF4PE3iFTIOkSi Ltf GntiO�filtrEF if4F�t EKCitF9p ks Apast ffY �c�D>z&>7tE�.FYt er l=cuL Pl'N^n� IbHs MIS TBISYRANCE APPLICABLE TO (state project) *CITY OF DELRAY BFACH IS ADDITIONAL TNSURED see attached endorsement. SNOilEF1NiYOFT41EA6DYE OBQft PfY.IClEB.!'1>= tAiiCL'LLEa e6FG1ceT3tE Ei�IRJtiFaM CITY OF DELIZAY BEACH.: ust�rFFTSSUw>�stWSUnvFCUAFL 34 vaYSwRT 100 .NW 1st ALVENUE C*=Mika DELRAY BRACE, FL 33444 neap na orsucAnost DR Ltr 3rurr GFARY I tFaax Tm n amoz, I ?B ,ze". aR ACCRI325t2{i010SI 0 ACORD CORPORATION 19ES BID No. 2013 -04 Bus Rental & Driver Service Page 9 i WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements, 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid General Conditions, Instructions and Information IndemnitylHold Harmless Agreement Cone of Silence Insurance Requirements Insurance form Sample Standard Form of Agreement Corporate Acknowledgment Gertificate (if Corporation) Specifications Schedule of Pricing Bidders Information Checklist Drug Free Work Place Certification References Bid Signature Form Statement of No Bid Attachment 'A" Live Scan Background Screening Submission Form Attachment °Bv Prior Tab Sheet PAGE NUMBERS 1 2 -5 6 7 8 9 10 -14 15 16 17 -20 21 22 23 24 25 26 27 28 BID No. 2013 -04 Bus Rental & Driver Service Page 10 Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 160 NW Ist Avenue Delray Beach, FL 33444 As to CONTRACTOR: Midnight Sun Tours /Horizon Coach Lines 220 South Dixie Highway, Suite #2 Lake Worth, Florida 33460 7, The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. S. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 131D Na. 2013 -04 Bus Rental & Driver SeMce Page 11 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by BID No. 2013 -04 Bus Rental & Driver Service page 12 anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. BID No. 2013 -04 Bus Rental & Driver Service Page 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: (Print or type name and title) CITY OF DELRAY B CO weal Nelson S. McDuffie, W (Print or type name and title) (SEAL) BID No. 2013 -04 Bus Rental & Driver Service Page 14 '9" T CIA 414�� STATE OF f jbW,' � COUNTY of bfA The foregoing instrument was acknowledged before me this =day of 20_ -�'L , by �� _— (name of officer or agent, title of officer or agent), of 60,jgQ - - - -- � (state or place of incorporation) corporation, on behalf of the corporatio He1She is (personally known to me) (or has produced identi y(tiony and has used his/her n) as identification. Signature of Person Taking Acknowledgment e6s 64"o'cti Name of Acknowiedger Typed, Printed or Stamped BID No. 2013 -04 Bus Rental & Driver Service Page 1s STATE OF FLORIDA COUNTY OF fhv& PA4 CERTIFICATE (if Corporation) SS ) I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED ", that �Mdk 5114 A) , as U,0 llt, �4M K President of the corporation, helshe is hereby authorized td execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my handand affixed the official seal of the corporation this day of JJa� )n r� (Seal) BID No. 2013 -04 Bus Rental & Driver Service Page 16 SPECIFICATIONS BUS RENTAL AND DRIVER SERVICE Bid No. 2013 --04 A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish a firm price for "Bus Rental and Driver Service" for the Parks and Recreation Department for summer camp program, football program, holiday camp, daily special events and sport dance competitions. Service is of primary concern. Bidders with low standards for either service or workmanship will ,be judged to be non - responsible and their bids non - responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein.. B. CONTRACT TERM: Commencing with the date of award on / or about October 01 2012 and ex iris September 30, 2014. The City reserves the right to renew the contract for one (1) consecutive period of two (2) years. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Detailed Specifications" should be addressed in writing /email nadal�,inydelrabeach.com Purchasing Manager, Purchasing Division, at (561) 243 -7161. D. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. E. ESCALATION CLAUSE: The City of Delray Beach acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator /de- escalator clause will be accepted only under the following conditions: (a) Price increase(s) and price decrease(s) comparable to documented manufacturer's changes. (b) Receipt of proper notification to Purchasing, in writing, of all items affected by price increases /decreases. (c) Where all prices shall have remained firm for a minimum of 120 days after effective date of contract. (d) All price increase(s) an decrease(s) to be approved by the Finance Director. The City may, after review, refase to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving (60) days notice to the Contractor. BID No. 2013 -04 Bus Rental & Driver Service Page 17 F. PROGRAMS TO BE SERVICED BY BUSES AND DRIVERS: 1. YOUTH FOOTBALL PROGRAM: One to two buses with drivers will be needed on Saturdays from approximately 7:00 A.M. to 12:00 A.M. Approximately six home game dates will require one bus; approximately six "away" game dates will require up to two buses. Games begin approximately August 25th in various cities between Miami and West Palm Beach. The buses will be needed through approximately November 30th. We are requesting an hourly rate. 2. SUMMER CAMP: Up to two (2) buses a week with drivers will be needed for eight (8) nine camp weeks, Monday through Friday from 8:00 A.M. to 4:00 P.M. from mid -June through mid- August at two (2) camp sites. The number of buses will depend on the number of children enrolled in camp. Buses must be ready for departure at assigned sites by 8:00 A.M_ We are requesting an hourly rate. 3. HOLIDAY CAMPS: Up to two buses with drivers will be needed from 9:00 A.M. to 4:00 P.M. Monday through Friday (except actual holidays) from approximately December 26th through January 5th for Christmas/Holiday Camp and the week of Easter break from the public schools (late March or early April). We are requesting an hourly rate. 4. DAILY SPECIAL EVENTS: Up to three (3) buses and drivers for one (1) day events throughout Palm Beach, Broward and Dade counties. Buses will be reserved no later than 24 hours in advance. Times used will be dependent on events. We are requesting an hourly rate. 5. SPORT AND DANCE COMPETITIONS: Up to a total of (8) eight buses per year for one (1) day (8 hr. day) sports and dance competitions throughout Palm Beach, Broward, Dade, Orange, Martin and Indian Counties; time used will be dependent on the program. Buses will be reserved no later than (24) twenty -four hours in advance. Times used will be dependent on the competitions. 6. OVER -NIGHT AND WEEKEND TRIPS: Up to a total of three (3) buses for up to two (2) days and three (3) nights for annual trips throughout. Times used will be dependent on events. We are requesting an hourly rate. G. BUSES AND DRIVERS SHALL MEET THE FOLLOWING CONDITIONS: 1. Buses shall be certified by the State meeting requirements to transport school children with a minimum of fifty -seven (57) passengers, air conditioned with restroom, DVD players and radio dispatch. — – 1 a. Buses shall be certified by the state meeting requixernents to transport schoolchildren with a minimum of twenty (20) passengers to a maximum of forty -nine (49) passengers, air conditioned with radio dispatch. 2. Bus drivers and Company will meet all Federal and State rules, regulations, statutes, and ordinances, including proper driver's license, bus certifications, etc. BID No. 2013 -04 Bus Rental & Driver Service Page 18 3. Liability insurance will be supplied by the chosen company. Copies of current insurance forms will be supplied by the vendor for each renewal made by the vendor within limits required by the City. Background checks are required by the City of Delray Beach on ALL assigned drivers. 4_ Vendor must include a copy of the written procedures for supplying alternate buses for buses which are disabled during transport. 5. Buses that are disabled three (3) or more times in a period of six (6) months may be considered none - conforming and maybe cause for termination of contract agreement. Vendor shall list in the bid what types of buses will be used for transportation. The City of Delray Beach reserves the right to reject any bus which does not meet minimum standards specified in this bid. 6. Vendor must supply three (3) or more recent references which are to include company name, address, contact person, telephone number or email address. 7. Rental fee to include all gasoline charges. All maintenance of all vehicles, including any towing charges incurred by disabled buses, will be the vendor's responsibility. Total cost to include travel time from bus compound and back to bus compound. 9. The City of Delray Beach reserves the right to cancel this agreement by giving thirty (30) days written notice of the intention to cancel at any time the supplier fails to fulfill or abide by any of the terms and/or conditions specified. If a breach of contract is brought to the vendor's attention more than once, the second breach of contract will be grounds for immediate termination without further notice. 10. Any claims of damage must be reported immediately to the Recreation Superintendent, @ (561) 243 -7136. Any necessary repairs for the damage must be submitted in writing with cost estimate and pre - approved by the Recreation Superintendent before repairs are started. 11. Number of hours, miles and buses or vans is approximations and specific numbers are dependent on other factors. Vendor will be given as much advance notice as possible, but not less than 24 hours. 12. Radio communication between the bus drivers and the bus dispatcher must be in effect and operating at all times. 13. The City reserves the right to cancel bus use for individual trips by giving 24 hours notice without penalty to the City. Successful company should specify specific cancellation policy and who should be notified. 14. In the event less funds are budgeted for a new fiscal period, the City shall notify the vendor of such occurrence, and may reduce the bus usage following the last day of the current fiscal period without penalty or expense to the City. BID No_ 2013 -04 Bus Rental & Driver Service Page 19 15. A Recreation Supervisor riding a bus may request changes in the bus schedule or stops due to weather conditions or emergency situations. Driver must recognize staff requests for schedule changes and emergency stops and honor them. 16. Vendor should supply a dollar per hour overtime rate. All prices shall include parking /toll charges. Buses must stay with the group for the duration of the individual trip unless otherwise directed by the Center Recreation Supervisor. IT Vendor shall supply to the City quarterly maintenance records of the buses used in various programs. 18. All buses must stay with the Parr and Recreation Department Camps and not go on another trip /location and leave our camp children at the program location without a bus. Bus and bus driver must stay with the camp event due to inclement weather or /an emergency situation. H. INSURANCE CONDITIONS: 1. The Contractor will indemnify and save harmless the city against any and all claims connected with this contract except to the extent same are caused by the active negligence or misconduct of the City. 2. Contractor will provide a bus, properly inspected and as requested by the City, and a State licensed and Contractor qualified driver with Department of Children and Families (DCF) "Live Scan Background Screening ". See Exhibit A for sample form. 3. Comprehensive general liability insurance with minimum combined single limits of $1 million per occurrence, including premises and operations, independent contractors, products /completed operations, and contractual liability. 4. Automobile liability insurance on "all autos" basis with minimum combined single limits of $5 million per occurrence. 5. Workers' compensation coverage as required by Florida State Statute, and Employer's Liability insurance with limits of at least $500,000 per accident. 6. A Certificate of Insurance must be received by the City prior to any Contractor activity related to the Contract. The Certificate will evidence the above insurance requirements and, in addition, will name the City of Delray Beach as an additional insured under the General and Automobile Liability Insurance policies. The Certificate will state that the City will be notified thirty (30) days prior to cancellation and/or modification to any policy of insurance. BID Na. 2013 -04 Bus Rental & Driver Service Page 20 Sam- EPULE OF PRIUMV& 89d 0209 3- Pricing for Bus Rental and Driver Service: (Bus rental fee shall include driver, oil, gasoline, parking/toll charges, maintenance, and towing charges for disabled buses.) NOTE: Hours indicated are approximations and actual hours may vary more or less. Item/Description Hourl Rate Total Price 1. 'Youth Football Program $ 70 x 216 lirs. _ $ 15,120 6 Home Games — 1 bus 6 Away Games — 2 bases 12 hrs. per day 2. Summer Day Camp 2 buses a week 8 -weeks 7 hrs. per day 3. Holiday Camp Program. (2 buses a week) Total of 18 buses 7 hrs. per day 4. Special Events (Total 6 buses) Anticipate I trip per month 6 months, 8 hrs. per day 5. Sport & Dance Competition 20 -49 Seat bus (Total 8 buses) 8 hours per day $ 70 x 112 hrs. = $ 7,840 $ 70 x 126 hrs. = $ 8,820 $ 70 x 96 hrs. _ $ 6,720 $ 70 x 96 hrs. = $ 6,720 6. Overnight / Weekend Trips $ 1,800 x per bus = $ 16,200 (Total 9 Buses) GRA D TOTAL (LINE ITEMS 1 TEfRU 5) $ 61,420 Overtime Rate charge per hour (if applicable) $ 70 per hour Alternate bid price for one or more van(s), depending on need with driver for duration of Summer recreation program. (8 weeks). $ n/a per hour Alternate bid price for one (1) mini bus, depending on need with driver as needed. $ 68 per hour BID No. 2013 -04 Bus Rental & Driver Service Page 21 MT10 31""'. Section F. BUSES AND DRNERS SHALL MEET THE FOLLOWING CONDITIONS: *Additional pages may be added if required. *Item 5 — Written procedures for alternate buses. The City of Delray may need to add additional buses with little notice. We can accommodate the City with standby drivers for occasions such as this and can respond usually within one hour. A tire or mechanical failure may occur on occasion. We utilize a standby driver or commercial licensed supervisor or mechanic to immediately respond with a replacement vehicle. After the passengers are secured and on their way, we then attend to our disabled vehicle. *Item. 6 — List the types of buses to be used for transportation. Please refer to the detailed list of our fleet in the supplemental section *Item 7 — References Submitted: X YES NO *Item 8 --- Specific Cancellation Policy. No charge shall be applied if cancellation is made with a 24 hour or greater notice. If the cancellation is made within less than 24 hours, $150 cancellation fee shall be applied. Contact person in the event of a cancellation by the City: An n a Li n I ey Name District Manager Title (551) 588 -4446 Telephone Number aliniey @horizoncoachlines.com Email Address OR Alternate Telephone SID No. 2013 -04 Bus Rental & Driver Service Page 22 SOS Rental and Driver Services oparics a% Recrea�6on BID # 2013 -04 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drugg counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Contractor's Name Midnight Sun Tours /Horizon Coach Lines Signature BID No. 2013 -04 Bus Rental & Driver Service Page 23 REFERENCES - OdQ 20 d 3904 Has Rental and Drlvc -,r Servecos o Parks ffg Rac- reaffon Annual Contract *Please complete this page or attach your reference page to this sheet. Agency/Company Palm Beach County Parks & Recreation Address PO Box 4036 cit , state, Zip West Palm Beach, Florida 33402 Contact Person Adrienne Huisman Telephone 561- 966 -7054 Date(s) of Service 2005 - current --Type. of service summer cam Comments: Agency/Co 2any Boca West Employee Shuttle Address 7105 Fairwa Drive, Suite 300 City, state zip Boca Raton, Florida 33418 Contact Person William Mayville Telephone 561- 625 -2501 Dates of Service 2000- current _Iype ofservice employee transportation Comments: AgencylOompany City of Belle Glade Address 110 Dr. Martin Luther King Jr Boulevard city, State, Zip Belle Glade, Florida 33430 Contact Person Lillian Tomeu Telephone 561 - 992 -1607 Date(s) of Service 2009- current Type of Service community transit Comments: Contractors Name: Midnight Sun Tours /Horizon Coach Lines BIB No. 2013 -04 Bus Rental & Driver Service Page 24 CITY OF DELI it mmo SIGNATURE F@RN BUS RENTAL AND DRIVER SERVICES Parks & Recreation BID # 2013 -04 PLEASE AFFIX SIGNATURE WHERE INDICATED ALLURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROP The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with fah understandiag of tbe. conditions governing this bid. Midnight Sun Tours, Inc / Evergreen Trails, Inc. d.b.a. Horizon Coach Lines _ Name of Bidder (Firm Name as Registered with their State of origin) Business Address: 220 South Dixie Highway, Suite #2 Street Address (P.O. Box Address is not permitted) Lake Worth, Florida 33460 City, State, Zip Mailing Address: x❑ Check if Same as Business Address above Street Address City, State, Zip Signature Robert W. Finke, Regional Vice President Print Name and Title of Person Signing this Form 5) - (), 586 -8821 _ 5eptem er 12, 2012 61 588 4446 561 Date Telephone { Fax No. Email Address: rfinke @horizoncoachl.ines.com VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: Anna Linley TELEPHONE: ( 561 ) 588 -4446 EMAIL ADDRESS: aiinieY @horizoncoachlines.com BID No. 2013 -04 Bus Rental & Driver Service page ZS 0 u a W 4 U O HO� C 55 C 2 " C-2 °° o C 2 C - S A L^ L" h � � Y ua p cz A❑� o n a °�� P o o _ � m °' C < d F � 3� T NTT 'c N `F�- '� n rvFi ~µ�� e�FW-]� fil lil !i] li! H tai FJ m L•-' 4 CS C7 V V V V V rn V. "' � yn.� yn! pFp�.�, yEyxv} yF� {sF{s11 yNµ]; {Fµ�� µUS {xU� {rvy yF] µrv� µnn �ryFv µ~� {tN� {t (tNµ�� ,r��-]]� {xN] {F� WNW �V[; µVS �tV], {xVW� pY. pR .�Z c g c 1, e v o qJ e a w y, aeF G � � ,nr° x '�' '�' � ^•�" 9 x g x�� 5 S� Z qq S� T Z S S S 2 S? 2' x '�[" x x g� E E Y v_ m 'i s '" a - —_ —— y y O o U [J p d 0 0 5 _ W W E w u` Uv - - - - r N MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director of Parks and Recreation THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 8.C.1 - REGULAR COMMISSION MEETING OF MARCH 4, 2014 CONSENT TO ASSIGNMENT/MIDNIGHT SUN TOURS /EVERGREEN TRAILS, INC. D /B /A HORIZON COACH LINES TO ACADEMY BUS, LLC ITEM BEFORE COMMISSION This item is before the Commission to approve a Consent to Assignment of the Contract, Bid #2013- 04, between the City of Delray Beach and Midnight Sun Tours /Evergreen Trails, Inc. d /b /a Horizon Coach Lines to Academy Bus, LLC. BACKGROUND The City of Delray Beach was notified on January 17, 2014, through a formal letter, that effective January 11, 2014, Academy Bus, LLC had purchased the Jacksonville, Miami, and West Palm Beach operations of Horizon Coach Lines. Academy Bus is a subsidiary of Academy Express, LLC of Hoboken, NJ. A copy of the signed purchase agreement, purchased date of October 11, 2013, and W- 9 is attached. The City of Delray Beach entered into a contract with Midnight Sun Tours/Evergreen Trails, Inc. d/b /a Horizon Coach Lines for Bus Rental and Driver Services for Parks and Recreation on December 6, 2012 for a 2 -year period beginning October 1, 2012 and expiring September 30, 2014 (Bid 2013 -04). The City reserved the right for 1 consecutive renewal period of 2 years. RECOMMENDATION Parks and Recreation recommends approval to amend the current contract for Bus Rental and Driver Services from Horizon Coach Lines, LLC to Academy Bus, LLC to reflect the new ownership. All original contract terms and dates will remain in effect. Contract expiration date is September 30, 2014. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under a contract dated December 6, 2012 and originally between the City of Delray Beach and Midnight Sun Tours/Evergreen Trails, Inc. d/b /a Horizon Coach Lines does hereby give consent to the assignment of the contract from Midnight Sun Tours/Evergreen Trails, Inc. d /b /a Horizon Coach Lines to Academy Bus, LLC, a Florida corporation, which shall assume and agrees to all terms and conditions of the original contract agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of , 2014. ATTEST: By: City Clerk Approved as to legal form and Sufficiency: By: City Attorney WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA in Cary D. Glickstein, Mayor ACADEMY BUS, LLC By: Print Name: Title: The foregoing instrument was acknowledged before me this day of ,2014, by ,as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public WITNESSES: (Print or Type Name) (Print or Type Name) STATE OF COUNTY OF MIDNIGHT SUN TOURS/EVERGREEN TRAILS, INC. d/b/a HORIZON COACH LINES By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 2014, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 2 Academy Bus, LLC 111 Paterson Avenue Hoboken, NJ 07030 academybus.com January 17, 2014 Purchasing Department City of Delray Beach 100 NW 1" Avenue Delray Beach, Florida 33444 RE: BID # 2013 -04 Dear Sir or Madam: Academy Bus has recently purchased the Jacksonville, West Palm Beach and Miami operations of Horizon Coach Lines. Effective January 11, 2014, these operations will continue under the legal entity Academy Bus, LLC.. Academy Bus, LLC, agrees to the terms and conditions as outlined in BID #k 2013 -04. Also, attached is a W -9 and a copy of a current Certificate of Insurance. Regards, Thomas F. . Scullin Vice President & Chief Operating Officer cc: Patsy Nadal Anna Linley EXECUTION VERSION PURCHASE AGREEMENT BY AND AMONG FSCS CORPORATION EVERGREEN TRAILS INC. D /B /A HORIZON COACH LINES And ACADEMY EXPRESS LLC ActivrUS 11524545 1 v.8 EXECUTION VERSION This Purchase Agreement (this "4greeinant ") is entered into on October 11, 2013 by and among, FSCS Corporation, a Maryland corporation ( "FSCS"), Evergreen Trails, Inc. d/b /a Horizon Coach Lines, a Washington corporation ( "Evergreen" and together with FSCS, "Sellers "), and Academy Express. LLC, d/b /a Academy Express of Fort Lauderdale, a New Jersey limited liability company, or its assignee C Buyer "). Buyer and Sellers are sometimes referred to collectively herein as the "Parties" or each individually as a "Party'. RECITALS WHEREAS, FSCS owns one hundred percent (100 %) of the issued and outstanding membership interests of Cabana Coaches LLC, a Florida limited liability company ( "Cabana "); WHEREAS, FSCS desires to sell to Buyer, and Buyer desires to purchase from FSCS, all of the issued and outstanding membership interests of Cabana pursuant to the terms, covenants and conditions set forth in this Agreement; WHEREAS, Evergreen is engaged in the passenger transportation business and holds a Certificate of Public Convenience and Necessity issued by the Federal Motor Carrier Safety Administration (the "FMCSA''); WHEREAS, Evergreen's United States Department of Transportation ( "UED02- )Number is 12016, Evergreen's. MC Number is MC 107638, Evergreen does not have an Intrastate Florida operating certificate number, as Florida does not require one, and Evergreen's federal tax identification number is 91- 0609468; WHEREAS, Evergreen desires to sell, transfer and convey to Buyer, and Buyer desires to acquire from Evergreen, certain assets of Evergreen upon the terms and conditions set forth in this Agreement; WHEREAS, Cabana and Buyer are motor coach transportation companies subject to the jurisdiction of the United States Surface Transportation Board ("STB "); and WHEREAS, STB approval -is- required to consummate certain aspects of the transactions contemplated by this Agreement. NOW, THEREFORE, in consideration for, and in exchange of, the mutual promises, terrns, covenants, conditions, representations, warranties and restrictions herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed by the respective Parties as follows: Preamble and Definitions- a. "Affi late" has the meaning set forth in Rule 12b -2 of the regulations promulgated under the Securities Exchange Act, AetiveUS 11524545 1 v. 9 EXECUTION VERSION b. ".Business" means the business of providing motor coach services that originate in the Restricted Area, as conducted by Sellers and /or Cabana and operated out of the Business Properties. a "Business Property" means the terminal :Facilities leased by either Seller or Cabana, as listed on Schedule 1(c). 1 "Claims" means all actual claims, losses, damages, Liens, taxes, assessments, penalties, fines, interest, back charges, costs and expenses whatsoever, direct or indirect, liquidated or mi- liquidated, absolute or contingent, including without limitation, reasonable attorneys' fees and disbursements of counsel. e. "Code" means the U.S. Internal Revenue Code of 1986, as amended, f "Corxfiderztiality Agr•eernerat" means the Mutual Confidentiality Agreement, dated July 1, 2013, by and between Buyer and TMS and its affiliated entities and subsidiaries. g. "Contract" means, with respect to any Person, any agreement, contract, obligation or commitment to which such Person is a party, including any amendment, modification or supplement thereto. 1t. "Damages" means any and all Iiabilities, damages, assessments, fines, fees, penalties, costs and expenses (including reasonable attorneys' fees and expenses); in each case, excluding any consequential, punitive, exemplary or special damages, and losses relating to diminution of value or lost profits. "Deferred Revenue" means all payments received by Sellers under an Assumed Contract for services to be rendered by Buyer after the Closing. "Disclosure Schedule" means the disclosure schedule delivered to Buyer by Sellers on the date hereof, E " Employee Benefit Plan" means any "employee benefit plan" (as such term is defined in ERISA Section 3(3)) and any other material employee benefit plan, program or arrangement. "ERI'SA" means the Employee Retirement Income Security Act of 1974, as amended and the regulations promulgated thereunder. M. "Envirownene' shall mean any surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air. n. "Environmental Law" shall mean any foreign, federal, state, provincial, or municipal statute, rule or regulation as in effect on the Closing Date relating to the protection of the Environment or occupational health and safety, including, without limitation„ any statute or regulation pertaining to (i) the presence, manufacture, processing, use, treatment, storage, disposal, transportation, handling or generation of Materials of ActivEUS 11524545fv.8 EXECUTION VERSION Environmental Concern; (ii) air, water and noise pollution; (iii) groundwater and soil contamination; or (iv) the Release or threatened Release of Materials of Environmental Concern to the Enviro=ent. o. "Environmental Matters" shall mean any legal obligation or Liability arising under Environmental Law. P. "Equipment'means all furniture, fixtures, equipment, computers, machinery, apparatus, appliances, signage, supplies, vehicles, farts Inventory, forklifts and all other tangible personal property of every kind and description in which Cabana or any of the Sellers has an interest. q. "Financial Statements" means the unaudited balance sheets of Cabana and each Seller as of June 30, 2013 and December 31, 2012, together with any and all updated financial statements prepared by either in the ordinary course of business, andlor in connection with the transactions contemplated by the Parties. r_ "GArIP" means United States generally accepted accounting principles as in effect frorn time to time, consistently applied by Sellers and Cabana in the preparation of their unaudited, interim, year -end, and projected financial statements, "Governmentat Entity" means any (i) multinational, federal, provincial, state, regional, municipal or other government, governmental or public department, central bank, court, tribunal, arbitrator, commission, board, bureau or agency, whether U.S., foreign or multinational,-(ii) any subdivision, agent; commission, board or authority of any of the foregoing, or (iii) any regulatory authority, agency, corm- nission or board of any domestic or foreign govermnent. L "Income Tax" means any federal, state, local, or foreign tax measured by or imposed on net income or net profits (including branch profit taxes, minimum taxes and taxes computed under alternative methods at least one of which is based on net income), including any interest, penalty, or addition thereto, whether disputed or not. u. "Information" shall mean all non - privileged records, books, contracts, instruments, documents, correspondence, computer data and other data and information relating to the Business. V. "Knowledge of Sellers" means the actual knowledge of Francis Sherman and Christopher O'Connor, after due inquiry of the Sellers' accountants and general managers at the Business Properties. W. "LaV' and "Laws" means any domestic or foreign federal, state, provincial, municipal or local statute, law (including common law), ordinance, rule, regulation, order (including the determination or award of any arbitrator to the extent enforceable by any Governmental Entity), or other directive, pronouncement or requirement of any Governmental Entity. ActiveUS 115245451v.8 EXECUTION VERSION X. "Leased Real Property" shall mean all material real property Ieased or subleased to Cabana or included in the Acquired Assets. Y. "Leases" shall mean any lease or sublease pursuant to which any Seller or Cabana leases or subleases from another party any real property that is used primarily or exclusively in the Business. Z. `Liability" means arty debt, loss, Claim, damage, demand, fine, judgment, penalty, liability or obligation (whether direct or indirect, known or unknown, absolute or contingent, asserted or unasserted, accrued or urraccrued, matured or unrnatured, determined or determinable, liquidated or unliquidated, or due or to become due, and whether in contract, tort, strict liability, successor liability or otherwise), and including all costs and expenses relating thereto (including fees, discounts and expenses of legal counsel, experts, engineers and consultants and costs of investigations) aa. "Lien" means any mortgage, pledge, lien, encumbrance, charge, security interest whether secured or unsecured, perfected or unperfected. bb. "Material Adverse Effect" means any effect or change that is materially adverse to the business, financial condition or results of operations of the Business as a whole, other than any adverse effect or change resulting from or relating to (i) the economy or financial, banking or securities markets in general, (ii) general effects upon the transportation industry, (iii) rational or international political, regulatory or social conditions, including acts of terrorism and the engagement by the United States in hostilities, (iv) any change in Law, or accounting rules, or principles, including any change m GAAP, or (v) the execution and delivery of this Agreement, or the announcement and performance hereunder (including any cancellations or delays in contract awards and any impact on relationships with customers, prime contractors, subcontractors, suppliers or employees), provided that none of the events set forth in items (i) or (ix) shall have had a disproportionate effect on the financial condition of the Business (taken as a whole) and as represented by Sellers. cc. "Materials of Rnviromnental Concern" shall mean any hazardous substance, pollutant or contaminant, as those terms are defined under the Federal Comprehensive Enviroamental Response, Compensation and Liability Act of 1080, as amended, solid waste and hazardous waste, as those terms are defined in the Federal Resource Conservation and Recovery Act (as in effect on the date of this Agreement) and oil, petroleum and petroleum products. dd. "Ordinary Course afBusincss" means the ordinary course of business consistent with past custom and practice. ee. "Parts Inventory" means all inventory and parts at the Business Properties. ff. "Permits" means all licenses, permits, franchises, approvals, authorizations, certificates, consents or orders of, or filings or registrations with, arty Governmental AttiveUS 31524545tv.8 EXECUTION VERSION Entity, exercising jurisdiction over Cabana or any Seller and /or their respective properties, whether foreign,, federal, state or local, or any other Person, and necessary for the operation of the Business. gg. "Permitted Lien" means any (i) mechanic's, materialmen's, landlord's and similar liens, (ii) liens arising under worker's compensation, unemployment insurance, social security, retirement and similar legislation, (iii) liens on goods in transit incurred pursuant to documentary letters of credit, in each case arising in the ordinary course of business, (iv) liens for Taxes not yet due and payable, (v) liens for Taxes which are being contested in good faith and by appropriate proceedings, (vi) liens relating to capitalized lease financings or purchase money financings that have been entered into in the ordinary course of business, (vii) liens arising solely by action of Buyer, and (viii) liens which do not materially and adversely impair the use or value of the Acquired Assets or the Transfer Interests hh. "Person" means an individual, a partnership, a corporation, a limited liability company, an association, a joint stock company, a trust, a joint venture, an unincorporated organization, any other business entity or a Governmental Entity (or any department, agency, or political subdivision thereof). ii. "Restricted Area" means 0) Jacksonville, Florida, (ii) Miami, Florida, and (iii) Vilest Palm Beach, Florida. jj. "Securities Act" means the Securities Act of 1933, as amended_ kk. "Securities Exchange Act" means the Securities Exchange Act of 1934, as amended, 11. "Tax" or "Taxes" means all taxes, assessments, charges, duties, fees, levies or other govemmental charges of any kind. min. "Tar ,Return" means any return, declaration, report, claim for refund, or information return or statement relating to Taxes and required to be supplied to a Taxing Authority, including any schedule or attachment thereto, and including any amendment thereof. ntz. "Taxing Authority" shall mean any applicable governmental authority responsible for the imposition of Taxes. oo. "Third Party Consents" shall mean all waivers, permits, consents, approvals or other authorizations from Governmental Entities and other third parties. pp, "TMY' means Transportation Management Services, Inc., a Maryland corporation under common ownership with Sellers. % "Transfer Interests" means all of the issued and outstanding membership interests of Cabana_ ActiveUS 115245451 v.8 EXECUTION VERSION Purchase and Sale of Transfer .Interest. a. Sale of Transfer Interests, On the basis of and subject to the terms and conditions set forth in this Agreement, at the Closing, Buyer shall purchase from FSCS, and FSCS shall sell to Buyer, the Transfer Interests. b. Transfer ofAssets. On the basis of and subject to the terms and conditions set forth in this Agreement, at the Closing, Buyer shall purchase from Evergreen, and Evergreen shall sell to Buyer, all right, title and interest of Evergreen in, to or under all of the following properties and assets of Evergreen used or held for use in or relating to the Business, free and clear of all Liens (other than Permitted Liens) (the "Acquired Assets "): the Equipment listed on Schedule 2(b)(i); ii. the Contracts listed or described on Schedule 2fb) Q (the "Assumed Contracts "), which include any contract reservations between Evergreen and third parties that relate to transportation services to be performed in the Restricted Area after the Closing Date (the "Pending Customer Contracts ") iii. the Leases listed or described on Schedule 2 iii - iv. the Permits set forth on Schedule 2(l)(iv) and pending applications therefor, in each case to the extent assignable or transferable; V. the Intellectual Property set forth on Schedule 2(b)(v) (including all goodwill associated therewith); vi. all telephone, telex and telephone facsimile numbers and other directory listings used solely and exclusively in connection with the Business, to the extent assignable; vii. all goodwill and other intangible assets relating solely and exclusively to the Business; viii. all advertising, marketing and promotional materials, studies, reports and all other printed or written materials relating solely and exclusively to the Business; ix. all Deferred Revenue; and X. all of Evergreen's business inventory, furniture, desks, phone equipment, fixtures, equipment (including computers and software licenses to operate the same), shop and garage equipment and company tools used in connection with time Business. AativaUS II5245451Y.8 EXECUTION VERSION C. Excluded Assets. The Parties expressly understand and agree that Evergreen shall not sell to Buyer, and Buyer shall not purchase from Evergreen, the Excluded Assets; and the Acquired Assets shall not include the Excluded Assets. For all purposes of and under this Agreement, the term "Excluded Assets" shall mean any and all of the assets of Evergreen that do not constitute Acquired Assets, including. Employee benefit, retirement, collective bargaining contracts, if any, and similar plans and assets of such plans; ii. Claims or causes of action in favor of, or for the benefit of Evergreen, that do not relate to Assumed Contracts; iii_ .Prepaid Taxes and refunds of Taxes related to any period or portion thereof ending on or prior to the Closing Date; iv. Accounts receivable of Evergreen; V, Cash, cash equivalents and securities, other than the Deferred Revenue; Vi. Bank and other depository accounts; vii. Insurance policies and the proceeds and cash value therein and therefrom; and viii. Assets not exclusively related to the Business. d. Assumed Liabilities. On the basis of the representations, warranties, covenants and agreements and subject to the satisfaction or waiver of the conditions set forth in this Agreement, at the Closing, Buyer shall assume and agree to pay, perform and discharge when due only the following Liabilities (without duplication) (collectively the "Assumed Liabilities ") and no others: i. any and all Liabilities of Evergreen arising under theAssumed Contracts, but with respect to any Assumed Contract that is not a Pending Customer Contract, solely and exclusively to the extent that such Liability arises after the Closing Date; and ii. any and all Liabilities arising out of the conduct of the Business or ownership of any Acquired Asset after the Closing Date. e. Excluded Liabilities. Notwithstanding anything to the contrary in this Agreement, Buyer shall not assume and shall not be obligated to assume or be obligated to pay, perform or otherwise discharge any Liability of any Seller, other than the Assumed Liabilities. All Liabilities other than the Assumed Liabilities are collectively referred to herein as the "Excluded Liabilities ". Unless a Liability of any Seller is expressly and specifically assumed by Buyer pursuant to this Agreement, such Liability shall be deemed an Excluded Liability. For the avoidance of doubt, the Excluded Liabilities with respect to Evergreen include, but are not limited to, the following; A,ctiveUS 115245451v.8 I;X1;CUTION WRSFON i. Any and all Liabilities for income taxes, franchise takes, employment taxes, use taxes or any other kind of taxes imposed ixpon Evergreen by reason of its business operations, ownership interest, possession of Assets, sales, distributions and the like based by way of example, and not by way of limitation, on income, revenue, gross receipts, sales, capital or net worth related to the Acquired Assets prior to the Closing Date; but not including personal property or tangible taxes, ii. Any and all accounts payable of Evergreen; iii_ Any and all Liabilities under Evergreen's employee plan programs and employee agreements, medical benefit plans of any type, nature, or description, together with any employee claims for payments, reimbursements and benefits related to such plans, union contracts, unfunded retirement and benefit plans and the Iike, including, but not limited to withdrawal liability; iv. Any and all Liabilities accruing or arising from any proceeding to the extent based on the operation or ownership by Evergreen of the Business or (except as otherwise expressly provided) relating directly or indirectly to the Acquired Assets prior to the Closing Date; V, Any and all Liabilities for, or in respect of, any loan or other indebtedness for money borrowed (including capital leases and guarantees) of Evergreen or any Affiliate whose performance Evergreen has guaranteed, unless expressly assumed by Buyer pursuant to the terms of this Agreement; vi. Any and all Liabilities for actual or alleged infringement of any Intellectual property that arose prior to the Closing Date; vii. Any and all Liabilities accruing from, arising out of or relating to the Excluded Assets; viii. Any and all Liabilities arising out of or relating to the Consent Agreement, dated August 8, 2013, by and between Miami -Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management, and Evergreen, or the subject matter thereof; and ix. Any and all Liabilities existing under any employment agreement of Evergreen prior to Closing Elate unless expressly assumed by Buyer; xo vided, however, that Buyer shall be solely responsible for any and all obligations, wages, and ether liabilities respecting any Evergreen employees that Buyer elects to hire from and after the Closing Date. A.ctiveUS 115245451 v_S EXECUTION VERSION 3. Conditions Precedent to Ferfornnance. a. Conditions to Each Party's Obligations. The respective obligations of each Party to effect the transactions contemplated hereby shall be subject to the satisfaction as of the Closing of the following conditions: (i) the Parties shall have obtained the approval of STB for (A) the sale of the Transfer Interests by FSCS to Buyer and (B) the sale of theAcquiredAssets by Evergreen to Buyer; and (ii) no Governmental Entity shall have enacted, issued, promulgated or entered any order that is in effect and has the effect of making illegal or otherwise prohibiting the consummation of the transactions contemplated by this Agreement that has not been withdrawn or terminated b. Conditions to Obligations of Buyer. The obligations of Buyer to effect the transactions contemplated hereby shall be subject to the satisfaction as ofthe Closing of the following conditions: i. Accuracy of Representations and Warranties. The representations and warranties of Sellers and the Company set forth in this Agreement shall be true and correct in all material respects as of the Closing Date as though made on and as of the Closing Date (in each case, except to the extent such representations and warranties are by their express provisions made as of a specified date, in which case they shall be true and correct as of the specified date). ii. Compliance with Covenants. Sellers shall have complied in all material respects with all obligations, agreements and covenants contained in this Agreement (or in any Disclosure schedule, agreement, certificate or other document delivered in connection herewith) to be perl'on-aed or complied with by Sellers prior to the Closing. iii. Delivery of Other Closing Documents. Buyer shall have received all documents and other items required to be delivered to Buyer under Section SU below. iv. No Material Adverse Effect. There shall not have been or occurred any event, change, occurrence or circumstance that, collectively with all such other events, changes, occurrences or circumstances, has had, or would reasonably be expected to have, a Material Adverse Effect on the Company or the Business since the date of this Agreement. V. Third Party Consents_ Sellers shall have obtained all Third Party Consents required to consummate the transactions contemplated herein. vi. Collective Bargaining Agreements. Cabana shall not have entered into, and shall not have in effect, any labor contracts or collective bargaining agreements. IQ ActiveUS 115245451v.8 EXECUTION VERSION vii. Organization Documents. FSCS shall have provided to Buyer a true and complete copy of the Certificate of Formation of Cabana and the Operating Agreement of Cabana, together with all resolutions of record of Cabana. C. Conditions to Obligations of Fellers. i. Accuracy of Representations and warranties. The representations and warranties ofBuyer set forth in this Agreement shall betrue and correct in all material respects as of the Closing Date as though made on and as of the Closing ]late (in each case, except to the extent such representations and warranties are by their express provisions made as of a specified date, in which case they shall be true and correct as of the specified date). ii. Compliance with Covenants. Buyer shall have complied in all material respects with all obligations, agreements arid covenants contained in this Agreement (or is any Disclosure Schedule, agreement, certificate or other document delivered in connection herewith) to be performed or complied with by Buyer prior to the Closing. iii. No Rule. No rule, regulation, order, injunction, judgment, decree, ruling or other decision of any Governmental Entity shall be in effect that prohibits, makes illegal, enjoins or prevents the consummation of the transactions contemplated hereby. 4. Purchase Price. a. Aggregate Purchase Price. In consideration for the sale and transfer of the Acquired Assets and the Transfer Interests, Buyer shall pay to Evergreen, (the "Asset PurchasePrice ") and shall pay to FSCS, (the "Cabana Purchase Price" and together with the Asset Purchase Price, the "Aggregate Purchase Price "). Buyer shall pay the Aggregate Purchase Price as follows: At the Closing, Buyer shall pay to FSCS the Cabana Purchase Price by wire transfer of readily available funds to an account designated by FSCS; and ii. At the Closing, Buyer shall pay to Evergreen theAsset Purchase Price by wire transfer of readily available funds to an account designated by Evergreen. b. Purchase Price Allocation, The Aggregate Purchase Price shall be allocated as set forth on Schedule 4 (b). c. Motor Vehicle Inspection. i. Prior to the Closiag, Sellers shall permit Buyer access (at reasonable tithes, on reasonable prior written notice and in a manner so as not to interfere with the normal business operations of the Business) to each motorvehicle waned I ActivaL1S 115245451v-8 EXECUTION VERSION by Cabana and eachmotor vehicle constituting anAcquiredAsset in orderfor Buyer to conduct motor vehicle inspections (at Buyer's sole cost and expensc) to determine compliance of such vehicles with USDOT requirements. ii. Prior to the Closing, Buyer shall cause each motor vehicle owned by Cabana and each motor vehicle constituting an Acquired Asset to undergo inspection (at Buyer's sole cost and expense) to determine compliance of such vehicle with USDOT requirements. In the event that any such motor vehicle fails to pass such inspection, then with respect to such motor vehicle, Sellers shall (at Sellers' sole option): A) Repair such motor vehicle so as to bring it into compliance with USDOT requirements; or B) Replace such motor vehicle with a motor vehicle of equal or higher orderly liquidation value. iii. Within seven (7) days after the Closing Date, Buyer may (at Buyer's sole cost and expense) reinspect or cause the reinspection of each motorvehicle owned by Cabana and each motor vehicle constituting an AcquiredAsset to confirm that no event has occurred between the date of such vehicle's inspection pursuant to Section 4[c) (ii) and the Closing Date that would cause the vehicle to no longer be in compliance with USDOT requirements. In the event that any such event has occured, then with respect to such motor vehicle, Sellers shall (at Sellers' sole option): A) Replace such motor vehicle with a motor vehicle of equal or higher orderly liquidation value, in which event Buyer shall upon receipt of the replacement vehicle, return to Evergreen such motor vehicle failing to pass USDOT inspection; or B) Reimburse Buyer for reasonable documented expenses approved in advance by Sellers and incurred by Buyer to bring such motor vehicle into compliance with USDOT requirements in order to pass USDOT inspection; provided that Buyer shall to the extent possible use the Parts Inventory to bring such vehicles into compliance and Seller shall have no obligation to pay for any such karts Inventory used. iv. The orderly liquidation value of any vehicles to be replaced pursuant to this Section 4(c) shall be as provided in the appraisal report produced by Bus Appraisal Solutions based on the appraisal of such vehicles conducted in August 2013, the relevant portions of which report have been or shall be provided to Buyer. In the event of any dispute between Sellers and Buyer relating to the orderly liquidation value of any potential replacement vehicle, Buyer and Sellers shall allow a mutually agreeable third party appraiser to 12 ActiveUS 115245451v.$ EXECUTION VERSION appraise such replacement vehicle and the finding of such mutually agreeable third party appraiser shall be final and binding on the Parties. 5. Closing. a. Rming and Method. The closing of the transactions contemplated by this Agreement (the "Closing ") shall take place on a date and at a time mutually agreeable to the Parties, which date shall be no later than two (2) business days following the date that all conditions under Section 3 have been satisfied_ The Closing shall occur by the exchange of closing deliveries by mail, facsimile or electronic delivery. The date on which the Closing occurs is referred to herein as the "Closing .bate °'. The effective time of the CIosing shall be 11:59 pm eastern standard time on the Closing bate. b_ Deliveries at Closing, i. At the Closing, FSCS shall deliver to Buyer the following: A) An Assignment of the Transfer Interests duly executed by FSCS, in substantially the form attached hereto as Exhibit A; B) A certificate of goad standing of Cabana, dated no more than seven days prior to the Closing late;, C) Duly executed written instruments releasing any Lien (other than Permitted Liens) on any Equipment owned by Cabana as of the Closing and any Lien on the Transfer Interests, and authorizing the filing of UCC -3 termination stateinents (or other- comparable documents) for all UCC -1 financing statements (or other comparable documents) filed in connection with any Lien released pursuant to this Section 5(b)(i)(C); and D) A certificate. signed by the Secretary of FSCS attesting to the incumbency of FSCS's officers signing this Agreement. ii. At the Closing, Evergreen shall deliver to Buyer the following: A) a Bill of Sale duly executed by Evergreen, in substantially the form attached hereto as Exhibit B (the "Bill of Sale "); B) an Assignment and Assumption Agreement duly executed by Evergreen, in substantially the form attached hereto as Exhibit C (the "Assicnzption Agreement" ), C) all motor vehicle titles, registrations, maintenance records and driver logs, to the extent relating to the Acquired Assets; 13 ActiveUS 115245451v.9 EXECUTION VERSION D) Duly executed written instruments releasing any Lien (other than Permitted Liens) on anyAcquiredAsset, and authorizing the filing of UCC-3 termination statements (or other comparable documents) for all UCC -1 financing statements (or other comparable documents) filed in connection with any Lien released pursuant to this Section 5 u ; EXECUTION VERSION hereunder applicable to such Seller, to perform all of its agreements and obligations hereunder and thereunder and to consummate the transactions contemplated hereby. This Agreement has been duly executed and delivered by each Seller and constitutes the legal, valid, and binding obligation of each Seller, enforceable against such Seller in accordance with its terms and conditions assuming the due execution and delivery by Royer, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws relating to or affecting creditors' rights generally, equitable principles (whether considered ina proceeding in equity orlaw ). No Seller need give any notice to, make any filing with, or obtain any authorization, consent, or approval of any Governmental Entity in order to consummate the transactions contemplated by this Agreement, except the approval of the STB of the transactions contemplated by this Agreement. b. Aron -contravention. Except asset forth in Section 6 of the Disclosure Schedule, neither the execution and the delivery of this Agreement or any other agreement or instruments contemplated hereby, nor the consummation of the transactions contemplated hereby, will: i. violate any statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any Governmental Entity to which FSCS, Evergreen or Cabana is subject, except for any violation that would not reasonably be expected to result in a Material Adverse Effect, ii. conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in aEy party the right to accelerate, terminate, modify, or cancel, or require any notice under any Contract, lease, license, instrument, or other arrangement to which FSCS, Evergreen or Cabana is a party or by which FSCS, Evergreen or Cabana is bound, except for (A) any conflict, breach, default, acceleration or right to terminate, modify or cancel that would not reasonably be expected to result in a Material Adverse Effect or (B) any notice the absence of which would not reasonably be expected to result in a Material Adverse Effect; or iii, result in the imposition or creation of any Lien (other than Permitted Liens) upon or with respect to the Transfer Interests except for any Lien that would not reasonably be expected to result in a Material Adverse Effect. C. Organization, Qualification, and Company Power. i. Cabana is a limited liability company duly organized, validly existing, and in good standing under the laws of the State ofFlorida. Cabana is duly qualifi ed to conduct business and is in good standing under the laws of each jurisdiction where such qualification is required and where such business is conducted, except for any such failure to be qualified that would not reasonably be expected to result in a Material Adverse Effect. Cabana has full corporate power and authority to own, license, lease and operate each of its properties and assets in the manner in which such properties and assets are 15 Activ --US I I5245R45I v.8 EXECUTION VERSION currently owned, licensed, leased and operated and to conduct its business as it is presently being conducted. Accurate and complete copies of Cabana's Certificate of Formation and Operating Agreement, and all amendments thereto, have been provided to Buyer. ii. Evergreen is a corporation duly organized, validly existing, and in good standing under the laws of the State of Washington. Evergreen is duly qualified to conduct business and is in good standing under the laws of each jurisdiction where such qualification is required and where such business is conducted, except for any such failure to be qualified that would not reasonably be expected to result in a Material Adverse Effect. Evergreen has full corporate power and authority to own, license, lease and operate the Acquired Assets in the manner in which_ the Acquired Assets are currently owned, licensed, leased and operated and to conduct its business as it is presently being conducted. d. Transfer Interests; Capitalization. The capitalization of Cabana is set forth on Section 6(d) of the Disclosure Schedule. There are no outstanding or authorized options, warrants, purchase rights, agreements or commitments to which Cabana is a party or which are binding upon Cabana providing for the issuance, disposition or acquisition of any membership interests of Cabana. The Transfer Interests are free and clear of any Liens (other than Pertnitted Liens), olaims, liabilities and /or restrictions on transfer(othe€ than restrictions under the applicable Securities Act and state securities laws, if any), equities, claims, and demands of any kind. There are no voting trusts, proxies, or other agreements or understandings with respect to the voting of any membership interests of Cabana. e. Litigation. To the Knowledge of Sellers, (a) there are no suits or proceedings pending or threatened against FSCS, Evergreen or Cabana which would have an adverse effect on Sellers' perfonnance under this Agreement or the oonsurnmation of the transactions contemplated by this Agreement, and (b) none of FSCS, Evergreen or Cabana is subject to any continuing order of, consent decree, settlement agreement or other similar written agreement with, or, continuing investigation by, any Governmental Entity, or any order, writ, judgment, injunction, decree, determination or award of any Governmental Entity that would, or seeks to, delay or prevent the consummation of the transactions contemplated hereby. Cabana is not a party to any stmt or proceeding in which it is the plaintiff, f. Books and .records. Cabana and Sellers have made and kept (and shall make available to Buyer) financial books, records and accounts that, in reasonable detail, accurately and fairly reflect the material activities of the Business in accordance with GA AF for each reporting period. g. Personal Property. Cabana has good and marketable title to the Equipment owned by Cabana, free and clear of any Liens (other than Permitted Liens or any Lien that will be released pursuant to Section_ 5(b4i)(C) at the Closing). Evergreen has good and 16 ActiveUS I [524545[v.8 EXECUTION VERSION marketable title to, or a valid leasehold interest in, each Acquired Asset. None of the Acquired Assets is subject to any Lien (other than Permitted Liens or any Lien that will be released pursuant to Section 5 (b)(ii)(D) at the Closing). Except as otherwise expressly provided herein, Evergreen makes no warranties as to the condition or aneratiori of the Acquired Assets and all of the AcquiredAssets shall be sold, transferred and/or conveyed to Buyer in their present condition and "as is," "where is," and "with all faults' . To enable Evergreen to make conveyance as provided in this Agreement, Evergreen may, at the time of the delivery ofthe Bill of Sale and other related transfer documents, use the Aggregate Purchase Price or any portion thereof to clear any or all encumbrances or interests currently existing on the Acquired Assets. Any Lien discharge froman institutional lender may be recorded subsequent to the execution and transfer of the Acquired Assets and the Transfer Interests. h. Real Property. Cabana has delivered or otherwise made available to Buyer accurate and complete copies of all Leases for Leased Real Property, to which Cabana is a party, Sellers shall cooperate with Buyer to obtain such consents as may be required to confirm that such Leases, are not currently in default, and shall not be placed in default, by reason of the completion of the transactions contemplated under this Agreement. i. Subsidiaries. Cabana does not own any stock, membership interest, or other equity interest in any Person except as disclosed in Section 6 i of the Disclosure Schedule. j. No Undisclosed Liabilities. To the Knowledge of Sellers, Cabana has no material obligations or Liabilities of any bind that would have been required to be reflected in, reserved against or otherwise described in its Financial Statements in accordance with GAAP that were not fully reflected in, reserved against or otherwise described in the Financial Statements. k. Legal Compliance. Cabana and (solely with respect to the Business) each Seller has complied in all material respects with all applicable Laws (including rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings, and charges thereunder) of federal, ,state, local, and foreign governments (and all agencies thereof), except where the failure to comply therewith would not reasonably be expected to result in a Material Adverse Effect. Neither Cabana nor any Seller has received written notice of any pending action, suit, proceeding, hearing, investigation, claim, demand or notice relating to the Business alleging any failure to so comply, except for any that would not reasonably be expected to result in a .Material Adverse Effect, 1. Tax Matters, Cabana and each Seller have filed, or had filed on their behalf all material Tax Returns that they was required to file, and all such tax returns were accurate to the extent they relate to the Business, except for any error or omission that would not reasonably be expected to result in a Material Adverse Effect. 17 .4ctiveUS 1152454510 EXECUTION VERSION ii. All Taxes and Tax liabilities that are shown to be payable on such Tax, Returns, have been or will be timely paid, to the extent they relate to the Business. iii. Except as set forth on Section 6 1 of the Disclosure Schedule, Cabana is not, nor has Cabana been during the last three (3) years, the subject of any audit or investigation conducted by any Governmental Entity with respect to any Tax or Tax Return, and to the Knowledge of Sellers, no such audit is contemplated or pending. Cabana has not been notified in writing by any Taxing Authority that such Taxing Authority believes that Cabana was required to file any Tax Return that has not been filed. iv. All Taxes which Self or and Cabana are (or were) required bylaw to withhold or collect in connection with amounts paid or owing to any employee, independent contractor, creditor, or other third party have been dulywithheld or collected, and have been timely paid over to the proper authorities to the extent due and payable. V. Cabana does not support or inaintain (and has not supported or maintained in any prior Calendar or fiscal year) any profit sharing, pension, or equivalent employee benefit plan, that is subject to ERISA. M. b2telleetual Property. i. Each material registered copyright and patent of Cabana identified on Schedule 2 v , if any, is free and clear of any Liens (other than any Permitted Liens). ii. To the Knowledge of Sellers, Cabana's current use of its intellectual property does not infringe upon any copyrights or trademarks of any third party. To the Knowledge of Sellers, FSCS has not received anywritten claims currently pending from any person claiming that products infringe or misappropriate the copyrights, its trademarks or patents of any Person. iii. To the Knowledge of Sellers, Cabana is not a party to any outstanding decree, order or judgment of any governmental authority that restricts in any material manner the use of its intellectual property. n. Employee Matteis and Unions. To the Knowledge of Sellers, neither FSCS nor Cabana has received any written notice of an ERISA violation, nor any report or statement declaring any employee plan of Cabana to be non- compliant with any law rule or regulation nor is Cabana subjected to any claim for withdrawal liability within the meaning of ERISA in connection with any such plan. Cabana employees are not represented by a labor organization. and Cabana is not a party to a collective bargaining agreement. >s ActiveUS 1 i 524545I v.$ EXECUTION VERSION o. Contracts. Each Assumed Contract has been duly authorized, executed and delivered by Cabana or Evergreen, as applicable, and, to the Knowledge of Sellers, each other party to such Assumed Contract. Each Assumed Contract is a valid, binding and enforceable obligation of Cabana or FSCS or Evergreen and, to the Knowledge of Sellers, of each other party thereto, except for any such failure that would not reasonably be expected to result in a Material Adverse Effect. To the Knowledge of Sellers, Cabana or either Seller, as applicable, and each counterparty to an Assumed Contract has complied in all material respects with the provisions of such Assumed Contract, except for any failure to comply that would not reasonably be expected to result in a Material Adverse Effect. p. Environmental Matters. i. To the Knowledge of Sellers, except as described or identified in Section 6 of the Disclosure Schedule: A) the Business's operations at the Business Properties are in compliance with applicable Eavironrnental Laws, except for any failure to comply with Environmental Laws that would not reasonably be expected to result in a Material Adverse Effect; B) there is no pending civil or criminal litigation, written notice of violation or formal administrative proceeding, investigation or claim relating to any Environmental Law involving any of the Business Properties or any property formerly owned or operated by the Business, except for any such litigation, notice, proceeding, investigation or claim that would not reasonably be expected to result in a Material Adverse Effect; and C) Cabana or the applicable S eller has those permits, licenses and approvals required under Environmental Law to operate the Business Properties as currently operated by Cabana or such Seller, as the case may be, except for any such permits, licenses or approvals the absence of which would not reasonably be expected to result in a Material Adverse Effect; and D) no Materials of Environmental Concern have been released by the Business at any Business property in violation of applicable Environmental Law, except for any such release that would not reasonably be expected to result in a Material Adverse Effect. ii. The Parties agree that the only representations and warranties of Sellers herein as to any Environmental Matters or any other obligation or Liability with respect to Matters of Environmental Concern are those contained in this Section 6(p). Without limiting the generality of the foregoing, Buyer 19 Active-US 1 E524545Iv,8 EXECUTION VERSION specifically acknowledges that the representations and warranties contained in Sections 6(ei, 6(k) and 9M do not relate to Environmental Matters. q. Permits. Cabana has all Permits required to be held by it under all laws applicable to the operation of the Business as currently conducted, except for any Permit the absence of which would not reasonably be expected to have a Material Adverse Effect. Cabana is not in default or violation of, and has not received any written notice of any claim of default or violation of, any Permit. r. Certificates afPublic Convenience and Necessity. Cabana holds a current "Acceptable" safety rating from FMSCA. The aforesaid Certificate is current and in good standing, and shall be current and in good standing at the time of the Closing. S. N0 Other Representations_ Except for the representations and warranties set forth in this Section 6, 5 ellers and Cabana make no other representations, written or oral, statutory, or express or implied. 7. Buyer's Representations and Warranties. Buyer represents and warrants to Sellers that the statements contained in this Section 7 are true and correct as of the date of this Agreement, a. Authorization of Transaction. Buyer has all requisite power, capacity, authority and full legal right to enter into this Agreement and all other agreements and instruments contemplated hereunder applicable to Buyer, to perform all of its agreements and obligations hereunder and thereunder and to consummate the transactions contemplated hereby. This Agreement has been duly executed and delivered by Buyer and constitutes the valid and legally binding obligation ofBuyer, enforceable against Buyer in accordance with its terms and conditions assuming the due execution and delivery by each Seller, subject to the erects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar Laws relating to or affecting creditors' rights generally, equitable principles (whether considered in a proceeding in equity or law). Buyer need not give any notice to, make any ding with, or obtain any authorization, consent, or approval of any Governmental Entity in order to consurninate the transactions contemplated by this Agreement, except the approval of the STB of the transactions contemplated by this Agreement. The execution, delivery and performance of this Agreement and all other agreements contemplated hereby have been duly authorized by Buyer, b. Non contravention. Neither the execution and the delivery of thisAgreement or any other agreement or instruments contemplated hereby, nor the consummation of the transactions contemplated hereby, will (i) violate any statute, -regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any Governmental Entity to which Buyer is subj ect or any provision of its charter, bylaws, or other governing documents or (ii) conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, or cancel, or require any notice under any agreement, Contract, lease, license, instrument, or other arrangement to which Buyer is a party or by wbich it is bound. 7o AcdvaUS 11$245451v,S )EXECUTION VERSION C. Organization of Buyer. Buyer is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of New Jersey; Buyer is duly authorized to conduct business and is in good standing under the laws of each jurisdiction where such qualification is required and where such business is conducted. d. .Litigation. To the knowledge of Buyer, (a) there are no suits or proceedings pending or threatened against Buyer, (b) Buyer is not subject to any continuing order of, consent decree, settlement agreement or other similar written agreement with, or, continuing investigation by, any Governmental Entity, or any order, writ, judgment, injunction, decree, determination or award of any Governmental Entity that would, or seeks to, delay or prevent the consummation of the transactions contemplated hereby. e. Securities .Laws. Buyer is acquiring the Transfer Interests for investment for its own account and not with a view to the distribution of any part thereof. Buyer acknowledges that neither the Transfer Interest, nor the transfer of the Transfer Interest to Buyer, have been registered under U.S. federal or any applicable state securities laws: or the laws of any other jurisdiction and cannot be resold without registration under such laws or an exemption therefrom. Buyer represents and warrants that the Transfer Interest will be acquired by Buyer solely for the account of Buyer, for investment for its own account, and not with a view to the distribution of any part thereof. f. Solvency. hnmediately after giving effect to the transactions contemplated by this Agreement and the closing of any financing to be obtained by Buyer or any of its Affiliates in order to effect the transactions contemplated by this Agreement, Buyer shall be able to pay its debts as they become due and shall own property having a fair saleable value greater than the amounts required to pay its debts (including a reasonable estimate of the amount of all contingent liabilities). Immediately after giving effect to the transactions contemplated by this Agreement and the closing of any financing to be obtained by Buyer or any of its Affiliates in order to effect the transactions contemplated by this Agreement, Buyer shall have adequate capital to carry on its business. No transfer of propertyis being made and no obligation is being incurred in connection with the transactions contemplated by this Agreement and the closing of any financing to be obtained by Buyer or any of its Affiliates in order to effect the transactions contemplated by this Agreement with the intent to hinder, delay or defraud either present or future creditors of Buyer. g. Due Diligence by Buyer. Buyer acknowledges that it has conducted, or will conduct, to its satisfaction an independent investigation of the financial condition, results of operations, assets, liabilities, properties and projected operations of the Business and, in making its determination to proceed with the transactions contemplated by this Agreement, Buyer has relied and will rely solely on the results of its own independent investigation and the representations and warranties of Sellers set forth in Section. 6, including the Disclosure Schedule and other Schedules hereto (and any-updates thereto). Such representations and warranties by Sellers constitute the sole and exclusive representations and warranties of Sellers to Buyer in connection with the transactions contemplated hereby, and Buyer acknowledges and agrees that Sellers are not making any representation or warranty whatsoever, express or implied, beyond those expressly given in thisAgreement, including 21 ActivCUS 115245451v.S EXECUTION VERSION any implied warranty as to condition,, merchantability, or suitability as to any of the assets ofthe Business and it is understood that Buyer tapes theAcquixed Assets and the Business as is and where is (subject to the benefit of the representations warranties set forth in this Agreement). Buyer further acknowledges and agrees that any cost estimates, projections or other predictions that may have been provided to Buyer or any ofits employees, agents or representatives are not representations or warranties of Sellers or any oftheirAffiliates. Buyer has no knowledge that any of the representations and warranties of Sellers in this Agreement is not true and correct, and Buyer has no knowledge of any errors in, or ornissians from, the Disclosure Schedule or other Schedules. 8. Pre- Closing Covenants. a. General_ Subject to the terms hereof, each ofthe Parties shall use reasonable commercial efforts to take all actions and to do all things reasonably necessary or advisable to consummate the transactions contemplated by this Agreement, including using reasonable commercial efforts to: (i) obtain all necessary Third Party Consents, (ii) effect all Governmental Filings and (iii) otherwise comply in all material respects with all applicable Laws in connection with the consummation ofthe transactions contemplated by this Agreement. Buyer and Sellers shall share equally any out-of-pocket costs associated with obtaining such Third Party Consents. Each of the Parties shall promptly notify each of the other parties of any fact, condition or event known to it that would reasonably be expected to prohibit, make unlawful or delay the consummation of the transactions contemplated by this Agreement. b. Governmental Filings. Each of the Parties shall use reasonable commercial efforts to resolve any objections that may be asserted by any Governmental Entity with respect to the transactions contemplated hereby, and shall cooperate with each other to contest any challenges to the transactions contemplated hereby by any Governmental Entity. Each of the Parties shall promptly inform each other Party of any material communication received by such Party from any Govermnental Entity regarding any of the transactions contemplated hereby (unless the provision of such information would (i) violate the provisions of any applicable Laws (including without limitation those relating to security clearance or export controls) or any confidentiality agreement or (ii) cause the loss of the attorney- client priviloge with respect thereto). C. Access_ Each Seller shall permit the representatives of Buyer listed on Schedule 8(d) to have access (at reasonable times, on reasonable prior written notice and in a manner so as not to interfere with the normal business operations of the Business) to the premises, properties, financial and accounting records, Contracts, and other records and documents, of or pertaining to the Business; pM3dded however, that no Seller shall be obligated (i) to provide any information, documents or access to any person unless Buyer is responsible, pursuant to the terms of the ConfidentialityAgreement, for the use and disclosure of any information obtained by such person from any Seller, or such person enters into a confidentiality agreement with Sellers on terms that are substantially the same as those set forth in the Confidentiality Agreement or (ii) to provide any information, documents or access that would (A) violate the provisions of any applicable Laws (including without 22 ActiveUS It 5245451 v.8 EXECUTION VERSION limitation those relating to security clearance or export controls) or any confidentiality agreement to which it is a party or (B) cause the loss of the attorney - client privilege with respect thereto_ Prior to the Closing, Buyer and its representatives shall not contact or communicate with the employees, customers and suppliers of any Seller or Cabana in connection with the transactions contemplated by this Agreement, except with the prior written consent ofthe applicable Seller. Notwithstanding any provision of this Agreement to the contrary, Buyer and its representatives shall not have any access at any time prior to the Closing to any information regarding pending or proposed bids for new contracts or subcontracts or any related information where Buyer or an Affiliate of Breyer also has submitted or intends to submit a bid for such contract or subcontract. d. Confidentiality. Buyer and Sellers acknowledge and agree that the Confidentiality Agreement remains in full Force and effect and that information provided by any Seller or any of such Seller's Affiliates to Buyer pursuant to this Agreement prior to the Closing shall be treated in accordance with the Confidentiality Agreement. if this Agreement is terminated prior to the Closing, the Confidentiality Agreement shall remain in full force and effect in accordance with its terms. If the Closing occurs, the Confidentiality Agreement, insofar as it covers information relating exclusively or primarily to the Business, shall terminate effective as of the Closing, but shall remain in effect insofar as it covers other information disclosed thereunder. C. Disclosure Schedule. Sellers shall be entitled to submit to Buyer, from time to time between the date hereof and the Closing Date, written updates to the Disclosure Schedule and other Schedules hereto disclosing any events or developments that occurred or any information learned between the date of this Agreement and the Closing Date. Sellers' representations and warranties contained in this Agreement shall be construed for all purposes of this Agreement in accordance with the Disclosure Schedule and other Schedules hereto, as so updated; provided that within five (5) days of anymaterial update to the Disclosure Schedule and other Schedules hereto, Buyer shall have the right to terminate this Agreement as a result of such update. £ Status Updates. Upon Buyer's request and subject to any nondisclosure agreements or privilege, Sellers shall inform Buyer of any communications between any Seller or Cabana and their respective representatives, landlords, creditors, governmental entities, banks and suppliers that would reasonably be expected to have an adverse effect on the consummation of the transactions contemplated hereby- 9. BanlcAccounts. Evergreen shall cooperate with Buyer prior to the Closing Date to permit Buyer to open business and related bank accounts in the name of Horizon Coach Lines prior to Closing so that the accounts will be available for use by Buyer on and for a period of ninety (90) days after the Closing. In this regard the Parties shall confer and cooperate with each other and consult when necessary their respective banking institutions. 23 ActiveUS 1 {5245451 v.$ EXECCJTION VEItSTON Other _Post-Closing Covenants. a. recess to Information. Subject to compliance with contractual obligations and applicable Laws regarding classified information and security clearance, following the Closing, each Party shall afford to each other Party and to such Party's authorized accountants, counsel and other designated representatives during normal business hours in a manner so as to not unreasonably interfere with the conduct of business (i) reasonable access and duplicating rights to all information, books and records, relating to the Business, within the possession or control of such Patty and (ii) reasonable access to the personnel of such Party. Requests may be made under this Section 9 a) for financial reporting and accounting matters, preparing financial statements, preparing and filing of any Tax Returns, prosecuting any claims for refund, defending any Tax claims or assessment, preparing securities law or securities exchange filings, prosecuting, defending or settling any litigation, Environmental Matter or insurance claim, performing obligations underthis Agreement, and all other proper business purposes_ b. Preparation of ,feller Financial Stateinents. Without limitation of the provisions of Section 9(a) , following the Closing, Buyer shall provide to Sellers all information relating to the Business reasonably required for Sellers to prepare the financial statements of Sellers and their Affiliates. In connection with the preparation of such financial statements, Buyer shall provide Sellers (and their auditors) with full access to the Business, its financial management and any accountant's work papers, and all financial books, accounts and records relating to the Business. C. Retention QfRacords. Except as may otherwise be required by Law or agreed to in writing by the Parties, each Party shall use reasonable commercial efforts to preserve, until six (5) years after the Closing Date, all information, books and records in its possession or control pertaining to the Business. Notwithstanding the foregoing, in lieu of retaining any specific infortnation,books or records any Party may offer in writing to the other Party or Parties to deliver such information, books or records to the other Party or Parties, and if such offer is not accepted within 90 days, the offered information, books or records may be disposed of at any time. d. Confidentiality. Each Party shall hold, and shall use reasonable commercial efforts to cause their respective Affiliates, consultants and advisors to bold, in strict confidence all information concerning the other furnished to it by the other Party or Parties or their representatives pursuant to this Section 9 (except to the extent that such information (i) is or becomes generally available to the public other than as a result of any action or inaction by the receiving .Party, (ii) was within the possession of the receiving Party prior to it being furnished to the receiving Party by or on behalf of the disclosing Party pursuant hereto, provided that the source of such information was not bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to any person or entity with respect to such information, or (iii) is or becomes available on a non - confidential basis to the receiving Party from a source other than the disclosing Party, provided that the source of such information was not bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to any person or 24 Acd voUS 11524545 1 v.8 ExECUITO v VERSTa?N entity with respect to such infonnation), and each Party shall not release or disclose such information to any other person, except its auditors, attorneys, financial advisors, bankers and other consultants and advisors, unless compelled to disclose such information by judicial or administrative process or by other requirements of law or so as not to violate the rules of any stock exchange; provided, however, that in the case of disclosure compelled by judicial or administrative process, the receiving Party shall (to the extent permitted by applicable law) notify the disclosing Party promptly of the request and the documents requested thereby so that the disclosing Parry may seek an appropriate protective order or other appropriate remedy If, in the absence of a protective order or other remedy or the receipt of a waiver hereunder, a Party is, in the written opinion of its counsel, compelled to disclose any information to any tribunal or other entity or else stand liable for contempt or suffer other censure or penalty, such Party may so disclose the information. without Liabilityherennder; rop vide_d however, that, such Party gives written notice to the other Party or Parties of the infonnation to be disclosed (including copies of the relevant portions of the relevant documents) as far in advance of its disclosure as is practicable, uses all reasonable efforts to limit any such disclosure to the precise terms of such requirement and cooperates with the disclosing Party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to such information by the tribunal or other entity. e. Deferred Revenue. i_ Sellers shall forward promptlyto Buyer any-Deferred Revenue collected ailer the Closing Date. ii. Buyer shall forward promptly to Sellers any payments received by Buyer under an Assumed Contract for services rendered under such Assumed Contract on or prior to the Closing Date, 10. Indemnification. a. Sellers'Indemnification. Subject to the terms and conditions of this Section 19, from and after the Closing, S ellers shall jointly and severally defend, indemnify, and hold Buyer and its Affiliates (collectively, the "Buyer -Indeinnyied Persons ") harmless from and against any and all Damages incurred or suffered by Buyer or anyAffiliate thereof resulting from or constituting (i) any breach of a representation or warranty of Sellers contained in this Agreement, (ii) any-failure by any Seller to perform any covenant or agreement contained in this Agreement or any other agreement or instrument contemplated hereby, (iii) any Excluded Liabilities or (iv) any Permitted Liens; provided that Sellers shall not have any indemnification obligation with respect to claims for Damages under clause (i) of this Section 10 (a) in excess of five and one -half percent (5.5%) of the Aggregate Purchase Price (the "Cap "); provided that the Cap shall not apply to (A) Sellers' obligation to indemnify the Buyer Indemnified Persons for Dmages arising out of any claim of fraud with respect to Sellers' representations and warranties set forth in Section 6 or (B) to Sellers' obligation to indemnify the Buyer Indemnified Persons for Damages pursuant to clauses (ii), (iii) or (iv) of this Section 10(a) ; provided further, that for purposes of 25 ActiveUS 1152454510 EXECUTION VERSION determining whether there has been a breach requiring Sellers to indemnify Buyer as provided in this Section 10(a) and the Damages with respect thereto, each representation, warranty, covenant and agreement made by Seller, whether made herein or in any other document, agreement or instrument delivered in connection herewith, shall be deemed to have been made without any qualifications or limitations as to materiality (including any qualifications or limitations made by reference to a Material Adverse Effect). Any claim for indemnification by any of the Buyer Parties pursuant to this Section „_IO(a) shall hereinafter be referred to as a "Buyer's Claim ". Upon request by any Seller, Buyer shall provide promptly to Sellers any and all information requested by Sellers to assess the merits or confirm the validity of any Buyer's Claim. b. Buyer slndemnifccation. Subject to the terms and conditions of this Section I0, from and after the Closing, Buyer shall indemnify, and hold each Seller and the Affiliates of each Seller (collectively, the "Seller Indarnn ifled Persons ") harmless horn and against anyand all Damages incurred or suffered by any Seller or any Affiliate thereof resulting from or constituting (i) any breach of a representation or warranty of Bayer contained in this Agreement, (ii) any failure by Buyer to perform any covenant or agreement contained in this Agreement or any other agreement or instrument contemplated hereby; or (iii) any Assumed Liabilities. C. Third-Party Claims, Any Party seeking indernnif€cadon hereunder (the "Indemnified Parry ") shall promptly notify the other Party or Parties, as the case maybe (in either case, the "Indemnifying Party "), of any action, suit or proceeding relating to a Claim with respect to which the Indemnified Party claims indemnification hereunder or, if earlier, upon the assertion of any such claim by a third party, rou vided that failure of the Indemnified Party to give such notice shall not relieve the Indemnifying Party of its obligations under this Section 10 except to the extent, if at all, that the Indemnifying Party shall have been actually prejudiced thereby_ Such notification shall include a description in reasonable detail (to the extent known by the Indemnified Party) of the facts constituting the basis for such Claim and the amount of the Damages claimed. Within 30 days after delivery of such notification, the Indemnifying Party may, upon written notice thereof to the Indemnified Party, assume control of the defense of such action, suit, proceeding or Claim with counsel reasonably satisfactory to the Indemnified Party. If the Indemnifying Party does not assume control of such defense, the Indemnified Party shall control such defense. The Party not controlling such defense inayparticipate therein at its own expense; provided that if the Indemnifying Party assumes control of such defense and the Indemnified Party reasonably concludes, rased on advice from counsel, that the Indemnifying Party and the Indemnified Party have conflicting interests with respect to such action, suit, proceeding or claim, the reasonable fees and expenses of counsel to the Indemnified Party solely in connection therewith shall be considered "Damages" for purposes of this Agreement; provided, however, that in no event shaII the Indemnifying Party be responsible for the fees and expenses of more than one counsel for all Indemnified Parties. The Party controlling such defenseshall keep the other Party advised of the status of such action, suit, proceeding or claim and the defense'thereof and shall consider recommendations made by the other Party with respect thereto. The Indemnified Party shall not agree to any settlement of such action, suit, proceeding or Claim without 26 ActivoUS 115245451-v.9 EXECUTION VERSION the prior written consent of the Indemnifying Party. The Indemnifying Party shall not agree to any settlement of such action, suit, proceeding or claim that does not include a complete release of the Indemnified Party from all Liability with respect thereto or that imposes any Liability or obligation on the Indemnified Party without the prior written consent of the Indemnified Party. d. Survival. Notwithstanding the consummation of the transactions contemplated by this Agreement, the representations and warranties of Buyer and Sellers set forth in this Agreement shall survive the Closing and the consummation of the transactions contemplated hereby and continue until the first anniversary ofthe Closing Date, at which time they shall expire. e. Sole and Exclusive Remedy, The Parties agree and acknowledge that the remedies provided for bi this Section 10 are the sole and exclusive remedies with respect to any Damages arising out of this Agreement, except for any injunctive or provisional relief (including specific performance) expressly provided in this Agreement. Notwithstanding the foregoing, the limitations set forth in this Section 10(e) shall not apply to any claim for Damages as a result of or arising out of or by virtue of fraud of any Party agaimt any other Party. f. Duty to Mitigate; Limitations. i. Each Party shall (and shall cause its Affiliates to) use commercially reasonable efforts to mitigate its Damages and to attempt in good faith to minimize the Damages for which indemnification is provided under this Section 10. In no event shall any Indemnified Party be entitled to indemnification pursuant to this Section 10 to the extent any Damages were attributable to such Indemnified Party's own gross negligence or willful misconduct. ii. In rio event shall any Indemnifying Party be responsible or liable for any Damages or other amounts under this Section 10 that are consequential, in the nature of lost profits, diminution in the value of property, special or punitive or otherwise not actual damages. Each Party shall (and shall cause its Affiliates to) use reasonable cormnercial efforts to pursue all. legal rights and remedies available in order to minimize the Damages for which indemnification is provided to it under this Section 10. iii. The amount of Damages recoverable by an Indemnified Party under this Section 10 with respect to an indemnity claim shall be reduced by (i) the amount of any payment received by such lridernnified Patty (or an Affiliate thereof), with respect to the Damages to which such Claim relates, from an insurance carrier, and (ii) the amount of any Tax benefit realized or realizable by such Indemnified Party (or an Affiliate thereof) which is attributable to the Damages to which such Claim relates. For purposes of this Section 19(f1(iii) , the Tax benefit realized by any Indemnified Party (or an Affiliate thereof) 27 ActiveUS 115245451v.8 EXECUTION VERSION shall be determined as of the date of the receipt of payment from the Indemnifying Party by ealculatingthe present value of all expected reductions in Tax payments attributable to any expected deductions or decreases in income associated with the Damages to which such indemnity claim relates, assuming that the Indemnified Party is always subject to a total combined Tax rate of 40% and using a discount rate of 8% (compounded monthly)_ An Indemnified Party shall use reasonable c nunercial efforts to pursue, and to cause its Affiliates to pursue, all insurance claims and Tax benefits to which it may be entitled in connection with any Damages it incurs, and the Parties shall cooperate with each other in pursuing insurance claims with respect to any Damages or any indemnification obligations with respect to Damages. If an Indemnified Party (or an Affiliate) receives any insurance payment in connection with any claim for Damages for which it has already received an indemnification payment from the Indemnifying Party, it shall pay to the Indemnifying Party, within 30 days of receiving such insurance payment, an amount equal to the excess of (A) the amount previously received by the Indemnified Party under this Section 10 with respect to such claim plus the amount ofthe insurance payments received, over (B) the amount of Damages with respect to such claim which the Indemnified Party has become entitled to receive under this Section 10, iv. To the extent any representation or warranty of any Seller in Section 5 is, to the knowledge of Buyer on or prior to the Closing Date, untrue or incorrect, Buyer shall have no rights to indemnification under this Section 10 byreason of such untruth or inaccuracy. V. Effective as of the Closing, Buyer hereby waives and releases (and shall cause Cabana to waive and release), any claim Cabana may have against any Seller or its Affiliates as of the Closing Date. 11. `Perm: Termination. a. Termination ofAgreertient. The Parties may terminate this Agreement prior to the Closing as provided below: i. the Parties may terminate this Agreement by mutual written consent; ii. Buyer may terminate this Agreement by giving written notice to Sellers in the event any Seller is in breach of any representation, warranty, covenant or agreement contained in this Agreement, and such breach, individually or in combination with any other such breach, (A) would cause the conditions set forth in Section 3(b) not to be satisfied and (ii) is not cured within thirty (30) days following delivery by Buyer to S ellers of written notice of such breach; iii. Buyer may terminate this Agreement by giving written notice to Sellers in the event Sellers provide a material update to the Disclosure Schedule or other 28 ACtiveUS 1 1 524545 1v.S EXECUTION VERSION Schedule hereto pursuant to Section 8(f) which contains information that, absent such disclosure and the provisions of Section 8(fl permitting the update of representations said warranties, would have the effect of causing any condition set forth in Section 3(b) not to be satisfied, and Sellers fail to cure the event or condition causing the failure of such condition within 30 days following delivery by Buyer to Sellers of written notice under this Section II(a)(iii); iv. Buyer may terminate this Agreement by giving written notice to Sellers in the event that Buyer is not satisfied with the results of Buyer's due diligence investigation (including inspection of the motor vehicles for USDOT purposes); provided however that in the event that Buyer terminates this Agreement pursuant to this Section I I Ua iv after the date that is sixty (60) days after the date hereof (the "Due Diligence Date "), Buyer shall pay to Evergreen five percent (5 %) of the Aggregate Purchase Price as a termination fee. For the avoidance of doubt, Buyer shall be render no obligation to pay such termination fee if Boyer terminates this Agreement pursuant to this Section l l(a){'iv} and such termination by Buyer occurs on or before the Due Diligence Date. V. Buyer may tenminate this Agreement by giving written notice to Sellers ifthe Closing shall not have occurred on or before January 5, 2014 by reason ofthe failure of any condition precedent under S ection 3 (unless the failure results exclusively or primarily from a breach by Buyer of any representation, warranty, covenant or agreement contained in this Agreement); and vi. Sellers for either Seller) may terminate this Agreement by giving written notice to Buyer in the event Buyer is in breach of any representation, warranty, covenant or agreement contained in this Agreement, and such breach, individually or in combination with any other such breach, (i) would cause the conditions set forth in Section 3(c) not to be satisfied and (ii) is not cured within 30 days following delivery by any Scllcr to buyer of written notice of such breach; Vii. Sellers (or either Seller) may terminate this Agreement by giving written notice to Buyer if the Closing shall not have occurred on or before January 5, 2014 by reason of the failure of any condition precedent under Section 3 (unless the failure results exclusively or primarilyfrom a breach by any Seller of any representation, warranty, covenant or agreement contained in this Agreement). b. .eject of T ermination. If any Party terminates this Agreement pursuant to Section 1 1(a , all obligations of the Parties hereunder shall terminate without any Liability of any Party to the other Parties. Notwithstanding the foregoing, termination of this Agreement shall not relieve any Party for any breach by such Parley, prior to the termination of this Agreement, of any covenant or agreement (but not any representation or warranty) 29 ActivcUS 115245451v_8 EXECUTION VERSION contained in this Agreement or impair the right of any Party to obtain such remedies as . may be available to it in law ar equity with respect to such a breach by any other Party. 12. Miscellaneous. a. Ha Third- Party Beneficiaries. Except as provided in Section 10, this Agree zrent shall not confer any rights or remedies upon any Person other than the Parties and their respective successors and permitted assigns. b. Entire Agreement. This Agreement (including the Schedules and documents referred to herein) constitutes the entire agreement among the Parties and supersedes any prior understandings, agreements, or representations by or among the Parties, written or oral, to the extent they relate in any way to the subject matter hereof. G. Succession and Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. No Party may assign either this Agreement or any of its rights, interests, or obligations hereunder without the prior written approval of Buyer (in the case of an assignment by any Seller) or Evergreen (in the case of an assignment by Bayer). Notwithstanding the foregoing, this Agreement, and all rights and interests hereunder, maybe assigned, without such consent, to (i) one or more Affiliates of a Party or (ii) any entity that acquires ail or substantially all of a Party's business or assets; provided that in the case of clauses (i) and (ii) the assigning Party shall not be relieved of any ofits obligations hereunder by-virtue of any such assignment. I Counterparts. This Agreement may be executed in one or more counterparts (including by means of facsimile), each of which shall be deemed an original but all of which together will constitute one and the same instrument. e. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. £ Notices. All notices, requests, demands, claims, and other communications hereunder will be in writing. Any notice, request, demand, claim, or other coim=nication hereunder shall be deemed duly given (i) when delivered personally to the recipient, (ii) one business day after being sent to the recipient by reputable overnight courier service (charges prepaid), or (iii) four business days after- being mailed to the recipient by certified or registered mail, return receipt requested and postage prepaid, and addressed to the intended recipient, in each case to the intended recipient as set forth below: 34 AcdveUS 11524545]v.9 if to Buyer: Academy Express LLC 111 Paterson Avenue Hoboken, New Jersey 07030 Attn: Francis Tedesco, Manager If to any Seller: Transportation Management Services 17810 Meetinghouse Rd, Suite 200 Sandy Spring, MD 20860 Attn: Frank Sherman, CEO Fax: (858) 430 -3523 EXECUTION VERSION With tth aa, copy to: Ferrara and Associates 111 Paterson Avenue Hoboken, New Jersey 07030 Attn: Joseph J Ferrara, Esq. Fax: 201-420-6051 Email: JFerrara@academybus.com With a copy to: WilrnerHale 7 World Trade Center 250 Greenwich Street New York, NY 10007 Attn: Andrew Goldman, Esq. Fax: (212) 230 -8888 Any Party may change the address to which notices, requests, demands, claims, and other conununications hereunder are to be delivered by giving the other Parties notice in the manner herein set forth. g. Specific Performance, Each Party hereby acknowledges and agrees that the breach of or failure of any Party to perform its agreements and covenants hereunder, including its failure to take all actions as are necessary on its part for the consummation of the transactions contemplated herein, may cause irreparable injury to the other Party or Parties, for which damages, even if available, may not be an adequate remedy or easily ascertainable. Accordingly, except as otherwise provided herein, each Party hereby consents to the other Party seeking the issuance of injunctive relief by any court of competent jurisdiction to compel performance of such Party's obligations and to the granting by any court of the remedy of specific performance of its obligations hereunder. Nothing herein shall be construed as prohibiting any Party from pursuing any other remedies that may be available to it for such breach or threatened breach, including the recovery of damages, costs, and expenses, and reasonable attorneys' fees. I Governing Law- The validity and construction of this Agreement shall be governed and construed and enforced in accordance with the internal laws (and not the choice-of-law rules) of the State of New Jersey. Each of the Parries hereto hereby consents to service of process by registered mail at the address to which notices are to be given. L Atri andinents and Waivers. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by Buyer and Sellers. No waiver by 31 ActiveUS 11524545Iv.8 EXECUTION VERSION any Party of any provision of this Agreem ent or any default, misrepresentation, or breach Of warranty or covenant hereunder, whether intentional or not, shall be valid unless the same shall be in writing and signed by the Party snaking such waiver, nor shall such waiver be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. j. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in arty other situation or in any other jurisdiction. k. Expenses. Each of Buyer and Sellers will bear its or their own costs and expenses (including legal fees and expenses) incurred in connection with this Agreement and the transactions contemplated hereby Construction. The Parties have participated jointlyin the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden ofproof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement, Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. Whenever the words "include", "includes" or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation ". M. Incorporation of Schedules and Disclosure Schedule_ The Schedules and the Disclosure Schedule identified in this Agreement are incorporated herein by reference and made a part hereof [Signature page immediately follows] 32 Ad vCUS 115245451 v.8 IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement on the date first above written. BUYER: %XPRES S LLC By_ Name; Francis Tedesco Title: Manager SELLERS: FSCS CORPORATION By: Name: Title: EVERGREEN TRAILS, INC. DBA HORIZON COACH LINES By: Name: Title: IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement on the date first above written. BUYER: ACADEMY EXPRESS LLC By: Name: T SELLERS: FSCS CORPO I By: Naive:.% r EVERGREEN COACH LINE DBA HORIZON Name;, Title:,�r,J Form W9 Request for Taxpayer Give Form to the (Rev. August Identification Number and Certification not rend t "I I's T pepanment of the Treasury entities, It Is your employer identification number (EIN), If you do not have a number, see How to gel a send to ttte IRS. to the I Irtemal Revenue Service applicable, to: Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose Ernployer Identi icatiun number Name bas shown on ymi- Income tax return) � I Academy Bus, LLG hi E Dl Business narne/dlsragarded entity Name; if different tram above R c Check appropriate box for federal tax classification:. , Exemptions (see instructions): ° ❑ Indlviduallsoie proprietor ❑ C Corporation [] S Corporation _ '. ❑ Partnership ❑ Trust/ tat a rn CL Exempt payee code (ff any) 0 Umtted liability company. Eater the tax classification (C=o corporation, S=S corporation, P= partnership) ► Exemption from FATCA reporting - . . ; code (if any) .c c a a ❑ Other (see Instructions) ► .s Address number, street, and { apt: or suite no. . . ) Requester's name and address (optional) 111 Paterson Ave N City,:state, and ZIP code Hoboken, NJ W63O LJst account numbe(s) here _(optional) MEW. Taxpayer Identification Number n abandonment of secured property, cacallation of debt, or contributions you made Enter your TIN In the appropriate box. The TIN provided must match the name given on the "Name" line Social security number I to avoid backup wlthholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, e the Part I Instructlons on page 3, For other se m entities, It Is your employer identification number (EIN), If you do not have a number, see How to gel a provide your ooneet -nN to the parson requesting it (the requester) and, when 77N on page 3. applicable, to: Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose Ernployer Identi icatiun number number to enter. � I Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. f am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA cade(s) entered on this form Of any) Indicating that I am exempt from FATCA reporting is correct. CortMcation instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other nds, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. titan a Si n i Skgneture of Here. u 5. parson ► Rate ► ( 6 General Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created:a page on IRS.gov for informstrun about Form W -9, at www.rrs.gov1w9. Information about any future developments affecting Form W -9 (such as legislation enacted after we release k) w4; be posted on that page, Purpose of Form withholding tax on foreign panne' sharefof aff_ilrAIvely connected income, and 4. Certify that FATCA code(s) entered an this form (if any) indicating that you are exempt from. the FATCA reporting, is correct Note. It you are a U.S. parson and a requester g1ves you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to Wa Form W -9. Definition of a U.S. parson. For federal tax purposes, you are considered a U.S. person :9 you are: A person who is required to file an information return with the IRS must obtain your - An Indv]duai who is a U.S. citizen or U.S. resident alien, correct taxpayer identification number (TIN to report, for example, income paid to • A partnership, corporation, company, or association created or organized in the you, payments made to you in settlement of payment card and third party network United States or under the laws of the Unfd Stag, transactions, real estate transactions, mortgage interest you paid, acquisition or An estate bother than a foreign estate}, or n abandonment of secured property, cacallation of debt, or contributions you made to an IRA, • A domestic trust (as defined In Regutatfons section 301.7701 -7). Use Form W -9 only If you are a U.S. person (including a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business In provide your ooneet -nN to the parson requesting it (the requester) and, when the United States are generally required to pay a withholding tax under section applicable, to: 1446 on any foreign partners' share of effectively connected taxable income from Certify 1. Certify that the TIN you are giving is correct {� you are waiting for a number such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presumathat a partner is a to be j, foreign parson, and pay the section 1446 withholding tax. Therefore, if you are a 2. Certify that you are not subject to backup withholding, or U.S, person that is a partner in a partnership conducting a trade or bush in the 3. Claim exemption from backup withholding tf you are a U.S. exempt payee. If United States, provide Form W -9 to the partnership to establish your U.S. status applicable, you are.also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on your share of partnership income. any partnership income from a U.S. trade or business is not subject to the Cat No. 1(3231X Form W-9 (Rev. B -2013) ACADEMYEXPRESS , Qp CERTIFICATE OF LIABILITY INSURANCE DATE {MMfDDIYYYY) ` 1/22/2014 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 Commercial Lines - (973) 437 -2300 Wells Fargo Insurance Services USA, Inc. 7 Glralda Farms, 2nd Floor Madison, NJ 07940 -1027 W CONTACT NAME: PHONE _ FAX 866 - 943 -4039 AIC Na Ext : ;A1C No}; E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE IC # NA__ _ INSURERA: National Union Fire Ins. Co. of Pittsburgh, PA 19445 INSURED Cabana Coaches, LLCIAcademy Bus, LLC 6575 Southern Boulevard INSURER B: Lexington Insurance Company 19437 INSURERC: New Hampshire Insurance Co. 23841 $ 10,000 X Corrtractual Liability INSURER D: INSURER E: West Palm Beach, Florida 33413 _ INSURER F: X �l1�1•� rLT1 \il r` W O Za ■ 10 [ W - V ■ � d 1 ■ 1 0,1 ]1 =- �rfVllaM rl LV T.1.LIN Alm .r.l -]-1 L 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. W 'P INSR LTR TYPE OF INSURANCE ADDL IN SR SUBR WV POLICY NUMBER ' 5 ICY EFF 164MIDDIYYYY POLICY EXP MMIDDfYYYY I ' I LIMITS • �GENERAL LIABILITY CC_ivIMERCIAL GENERAL LIABILITY CLAIMS -MADE 1 OCCUR X 3372413 03101 /2013 03/01/2014 EACH QCCURRENCE $ 1,000,000 DAMAGE TO RENTFr PREMISES Ea_otxurrenoe " S 1,000,000 ME D EXP (Any one person) $ 10,000 X Corrtractual Liability PERSONAL 8 ADV INJURY $ 1,000,000 X Cross Liability Ind. GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS - COMPIOPAGG I $ 1,060,000 X POLICY PRG- LOC $ • AUTOMOBILE LIABILITY X CA4882309 (AOS) 03/0112013 03/01/2014 CO (Ea LIMIT , $ 5,000,000 X ANY AUTO j BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident} $ B X UMBRELLA LIAB x OCCUR X 021430630 03/01/2013 i 03/01/2014 EACH OCCURRENCE _ $ 10,000,000 EXCESS LIAB CLAIMS_ MADE AGGREGATE $ 10,000,000 DED i RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRI ETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N r A "r WC062790471 WC062790472 (NJ Only) 03/01/2013 03/01/2013 03/01/2014 ! 03!0112014. X f wC STATU- OTH- TO LEMI75 E.L. EACH ACCIDENT s 1,ObQODD E.L. DISEASE - EA EMPLOYEE$ 1.000,000 3 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below W0062790473 (MA Only) 03/01/2013 03/01/2014 E.L. DISEASE - POLIGY LIMIT $ 1,060,000 1 1 I I DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more Space is required) The City of Delray Beach is included as additional insured as their interest may appear with respect to the General Liability, Automobile and Umbrella policies as per their written contract requirements, limited to the terms and conditions of the current policies. (Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder listed, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents Or representatives) City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 \.NIYI,.ELLH 1 IVIV 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 ��111 9e'ri"�py i+5� i no m vrcu name ano logo are reglsterea marks Of A:L)RD ACORD 25 (2010/155) (This wNficate replaces cer66ralak 779ts16'rssued on 11712014) (9 1958 -2010 ACORD CORPORATION. All rights reserved. pi lip- liq IVA 14 11, I fool ■ 100 NW f" AVENUE, DELRAY BEACH, FL 33444 BID No. 2013 -04 BUS RENTAL & DRIVER SERVICES PARKS AND RECREATION ANNUAL CONTRACT MAYOR VICE MAYOR DEPUTY VICE MAYOR COMMISSIONER COMMISSIONER CITY MANAGER - NELSON S. McDUFFIE - THOMAS CARNEY -ADAM FRANKEL - ANGELETA GRAY -AL JACQUET -DAVID HARDEN Purchasing DIvision +Finance Department ♦(561) 243- 7161+Fax (561) 243 -7166 WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Invitation to Bid General Conditions, Instructions and Information Indemnity /Hold Harmless Agreement Cone of Silence Insurance Requirements Insurance form Sample Standard Form of Agreement Corporate Acknowledgment Certificate (if Corporation) Specifications Schedule of Pricing Bidders Information Checklist Drug Free Work Place Certification References Bid Signature Form Statement of No Sid Attachment "A° Live Scan Background Screening Submission Form Attachment "B° Prior Tab Sheet PAGE NUMBERS 1 2 -5 6 7 9 10 -14 15 16 17 -20 21 22 23 24 25 26 27 23 BID No. 2013 -04 Bus Rental & Driver Service Page 10 Addenda numbers to , inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6, All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Midnight Sun Tours /Horizon Coach Lines 220 South Dixie Highway. Suite #2 Lake Worth, Florida 33460 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. S. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. BID No. 2013 -04 Bus Rental & Driver Service Page 11 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by -laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees, CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by BID No. 2013 -04 Bus Rental & Driver Service Page 12 anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. BID No. 2013 --04 Bus Rental & Driver Service Page 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: e iU D �►� CAD (Print or type name and title) CITY OF DELRAY B co M Nelson S. McDuffie, N. p/ . aw .Se (Print or type name and title) (SEAL) BID No. 2013 -04 Bus Rental & Driver Service Page 14 CORPORATE ACKNOWLEDGMEW STATE OF QoWl- COUNTY of f bkA The foregoing instrument was acknowledged before me this _ -__ 5 __day of ?O4�, ► P ��!.. _....... - 20 P/ by F MA)4 (name of officer or agent, title of officer or agent), of Gbh tl (state or place of incorporation) corporation, on behalf of the corporation He /She is (personally known to me) (or has produced identijipXtionj and has used his /her on) as identification. Signature of Person Taking Acknowledgment * �s 6 "" Name of Acknowledger Typed, Printed or Stamped 131D No. 2013 -04 Bus Rental & Driver Service Page 15 CERTIFICATE (If Corporation) STATE OF FLORIDA SS COUNTY OF fAtIA P At+ 1 HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on was duly passed and adopted: 20_, the following resolution "RESOLVED ", that f4O� ��' t- - as 0,0 President of the corporation, he/she is hereby authorized td execute the Agreement dated , 20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation ". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hanyrar/d affixed the official seal of the corporation this day of jJOfi A %/ , t (Seal) BID No. 2013 -04 Bus Rental & Driver Service Page 16 SPECIFICATIONS BUS RENTAL AND DRIVER SERVICE Bid No. 2013 -04 A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish a firm price for "Bus Rental and Driver Service" for the Parks and Recreation Department for summer camp program, football program, holiday camp, daily special events and sport dance competitions. Service is of primary concern. Bidders with low standards for either service or workmanship will be judged to be non - responsible and their bids non - responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. CONTRACT TERM: Commencing with the date of award on / or about October 01 _2012 and „ elpirin September 30, 2014. The City reserves the right to renew the contract for one (1) consecutive period of two (2) years. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Detailed Specifications" should be addressed in writing /email nadal zydelraybeach.com Purchasing Manager, Purchasing Division, at (561) 243 -7161. D. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. E, ESCALATION CLAUSE: The City of Delray Beach acknowledges the fluctuating. nature of prices for items specified. Accordingly an escalator /de- escalator clause will be accepted only under the following conditions: (a) Price increase(s) and price decrease(s) comparable to documented manufacturer's changes. (b) Receipt of proper notification to Purchasing, in writing, of all items affected by price increases /decreases. (c) where all prices shall have remained firm for a minimum of 120 days after effective date of contract. (d) All price increases) an decreases) to be approved by the Finance Director. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving (60) days notice to the Contractor. BID loo. 2013 -04 Bus Rental & Driver Service Page 17 F. PROGRAMS TO BE SERVICED BY BUSES AND DRIVERS: 1, YOUTH FOOTBALL PROGRAM: One to two buses with drivers will be needed on Saturdays from approximately 7:00 A.M. to 12:00 A.M. Approximately six home game dates will require one bus; approximately six "away" game dates will require up to two buses. Games begin approximately August 25th in various cities between Miami and West Palm Beach. The buses will be needed through approximately November 30th_ We are requesting an hourly rate. 2. SUMMER CAMP: Up to two (2) buses a week with drivers will be needed for eight (8) nine camp weeks, Monday through Friday from 8:00 A.M. to 4:00 P.M. from mid -June through mid- August at two (2) camp sites. The number of buses will depend on the number of children enrolled in camp. Buses must be ready for departure at assigned sites by 8:00 A.M. We are requesting an hourly rate. 3_ HOLIDAY CAMPS: Up to two buses with drivers will be needed from 9:00 A.M. to 4:00 P.M. Monday through Friday (except actual holidays) from approximately December 26th through January 5th for Christmas/Holiday Camp and the week of Easter break from the public schools (late March or early April). We are requesting an hourly rate. 4. DAILY SPECIAL EVENTS: Up to three (3) buses and drivers for one (1) day events throughout Palm Beach, Broward and Dade counties. Buses will be reserved no later than 24 hours in advance. Times used will be dependent on events. We are requesting an hourly rate. 5. SPORT AND DANCE COMPETITIONS: Up to a total of (8) eight buses per year for one (1) day (8 hr. day) sports and dance competitions throughout Palm Beach, Broward, Dade, Orange, Martin and Indian Counties; time used will be dependent on the program. Buses will be reserved no later than (24) twenty -four hours in advance. Times used will be dependent on the competitions. 6. OVER -NIGHT AND WEEKEND TRIPS: Up to a total of three (3) buses for up to two (2) days and three (3) nights for annual trips throughout. Times used will be dependent on events. We are requesting an hourly rate. G. BUSES AND DRIVERS SHALL MEET THE FOLLOWING CONDITIONS: I . Buses shall be certified by the State meeting requirements to transport school children with a minimum of fifty -seven (57) passengers, air conditioned with restroom, DVD pl?Aers and radio dispatch. _. 1 a. Buses shall be certified by the state meeting requirements to transport schoolchildren with a minimum of twenty (20) passengers to a maximum of forty -nine (49) passengers, air conditioned with radio dispatch. 2. Bus drivers and Company will meet all Federal and State rules, regulations, statutes, and ordinances, including proper driver's license, bus certification, etc. BID No. 2013 -04 Bus Rental & Driver Service Page 18 Liability insurance will be supplied by the chosen company. Copies of current insurance forms will be supplied by the vendor for each renewal made by the vendor within limits required by the City. Background checks are required by the City of Delray 'Beach on ALL assigned drivers. 4. Vendor must include a copy of the written procedures for supplying alternate buses for buses which are disabled during transport_ Buses that are disabled three (3) or more times in a period of six (6) months may be considered none - conforming and maybe cause for termination of contract agreement. Vendor shall list in the bid what types of buses will be used for transportation. The City of Delray Beach reserves the right to reject any bus which does not meet minimum standards specified in this bid. 6. Vendor must supply three (3) or more recent references which are to include company name, address, contact person, telephone number or email address. 7. Rental fee to include all gasoline charges. All maintenance of all vehicles, including any towing charges incurred by disabled buses, will be the vendor's responsibility. Total cost to include travel time from bus compound and back to bus compound. 9. The City of Delray Beach reserves the right to cancel this agreement by giving thirty (3 0) days written notice of the intention to cancel at any time the supplier fails to fulfill or abide by any of the terms and/or conditions specified. If a breach of contract is brought to the vendor's attention more than once, the second breach of contract will be grounds for immediate termination without further notice. 10. Any claims of damage must be reported immediately to the Recreation Superintendent, @ (561) 2437136. Any necessary repairs for the damage must be submitted in writing with cost estimate and pre- approved by the Recreation Superintendent before repairs are started. 11. Number of hours, miles and buses or vans is approximations and specific numbers are dependent on other factors. Vendor will be given as much advance notice as possible, but not less than 24 hours. 12. Radio communication between the bus drivers and the bus dispatcher must be in effect and operating at all times. 13. The City reserves the right to cancel bus use for individual trips by giving 24 hours notice without penalty to the City. Successful company should specify specific cancellation policy and who should be notified. 14. In the event less funds are budgeted for a new fiscal period, the City shall notify the vendor of such occurrence, and may reduce the bus usage following the last day of the current fiscal period without penalty or expense to the City. BID No_ 2013 -04 Bus Rental & Driver Service Page 19 15. A Recreation Supervisor riding a bus may request changes in the bus schedule or stops due to weather conditions or emergency situations. Driver must recognize staff requests for schedule changes and emergency stops and honor therm. 16. Vendor should supply a dollar per hour overtime rate. All prices shall include parking /toll charges_ Buses must stay with the group for the duration of the individual trip unless otherwise directed by the Center Recreation Supervisor. 17. Vendor shall supply to the City quarterly maintenance records of the buses used in various programs. 18. All buses must stay with the Parks and Recreation Department Camps and not go on another trip /location and leave our camp children at the program location without a bus. Bus and bus driver must stay with the camp event due to inclement weather or /an emergency situation. H. INSURANCE CONDITIONS: l , The Contractor will indemnify and save harmless the city against any and all claims connected with this contract except to the extent same are caused by the active negligence or misconduct of the City. 2. Contractor will provide a bus, properly inspected and as requested by the City, and a State licensed and Contractor qualified driver with Department of Children and Families (DCF) "Live Scan Background Screening ". See Exhibit A for sample form. 3. Comprehensive general liability insurance with minimum combined single limits of $1 million per occurrence, including premises and operations, independent contractors, products /completed operations, and contractual liability. 4. Automobile liability insurance on "all autos" basis with mirdinum combined single limits of $5 million per occurrence. 5. Workers' compensation coverage as required by Florida State Statute, and Employer's Liability insurance with limits of at least $500,000 per accident. 6. A Certificate of Insurance must be received by the City prior to any Contractor activity related to the Contract. The Certificate will evidence the above insurance requirements and, in addition, will name the City of Delray Beach as an additional insured under the General and Automobile Liability Insurance policies. The Certificate will state that the City will be notified thirty (30) days prior to cancellation and/or modification to any policy of insurance. BID No. 2013-04 Bus Rental & Driver Service Page 20 Md 0209 M-04 Pricing for Bus Rental and Driver Service: (Bus rental fee shall include driver, oil, gasoline, parking/toll charges, maintenance and towing charges for disabled buses.) NOTE: Hours indicated are approximations and actual hours may vary more or less. Item/Description Hourly Rate Total Price 1. 'Youth Football ]Program $ 70 x 216 hrs. = $ 15,120 6 Home Games —1 bus 6 Away Games ---- 2 buses 12 hrs. per day 2. Summer Day Camp $ 70 x 112 hrs. = $ 7,840 2 buses a week 8 weeks 7 hrs. per day 3. Holiday Camp Program $ 70 x 126 hrs. = $ 8,820 (2 buses a week) Total of 18 buses 7 hrs. per day 4. Special Events $ 70 x 96 hrs. = $ 6,720 (Total 6 buses) Anticipate 1 trip per month 6 months, 8 hrs. per day 5. Sport & Rance Competition $ 70 x 96 hrs. = $ 6,720 20 -49 Seat bus (Total 8 buses) 8 hours per day 6. Overnight 1 Weekend Trips $ 1,800 x per bus = $ 16,200 (Total 9 Buses) GRA1ND TOTAL (LINE ITEMS 1 THAN 5) $ 61,420 Overtime Rate charge per hour (if applicable) $ 70 per hour Alternate bid price for one or more van(s), depending on need with driver for duration of Simmer recreation program (8 weeks). S n/a per hour Alternate bid price for one (1) mini bus, depending on need with driver as needed. S 68 per hour BID No. 2013 -04 Bus Rental & Driver Service Page 21 0 R J ng 4 ,section F. BUSES AND DRWERS SHA.LI., DEFT THE FOLLOVvING CONDITIONS: *Additional pages may be added if required. *Item 5 — Written procedures for alternate buses. The City of Delray may need to add additional buses with little notice. We can accommodate the City with standby drivers for occasions such as this and can respond usually within one hour. A tire or mechanical failure may occur on occasion. We utilize a standby driver or commercial licensed supervisor or mechanic to immediately respond with a replacement vehicle. After the passengers are secured and on their way, we then attend to our disabled vehicle. *Item 6 — List the types of buses to be used for transportation. Please refer to the detailed list of our fleet in the supplemental section *Item 7 — References ,Submitted: X YES NO *Item. 8 — Specific CanceRation Policy. No charge shall be applied if cancellation is made with a 24 hour or greater notice. If the cancellation is made within less than 24 hours, $150 cancellation fee shall be applied. Contact person in the event of a cancellation by the City: Anna l-inley Name District Manager Title (561) 588 -4446 Telephone Number alinley @horizoncoachlines.com Email Address OR Alternate Telephone 4 BID No. 2013-04 Bus Rental & Driver service Page 22 Bus Rental and Driver Services 0parIcs & MVCrL -a Oa BID 9 2013 -04 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. The drug -free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractuai services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. As the person authorized to sign this statement, I certify that this firm complies fu #ly with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug -free workplace through implementation of this section. Contractor's Name Midnight Sun Tours /Horizon Coach Lines �jC�nat€IrG BID No, 2013 -04 Bus Rental & Driver Service Page 23 i REFE EN S- Odd 2093=04 1 Bus Rental and DrIvar Services i, Parks 9 Racreaffon Annual Contract *Please complete this page or attach your reference page to this sheet. Agenoy/Company Palm Beach CountV Parks & Recreation Address PO Box 4036 City, state, Zip West Palm Beach, Florida 33402 Contact Person Adrienne Huisman Telephone 561 -966 -7054 Date(s) of service 2005 - current Type of Service summer cam Comments: Agency/Company Baca West Employee Shuttle Address 7108 Fairwa y Drive, Suite 300 City, State, zip Boca Raton, Florida 33418 Contact Person William Mayville Telephone 561 - 625 -2501 Dates of Service 2000 - current Type of Service employee transportation Comments: Agency/Cornpany City of Belle Glade Address 110 Dr. Martin Luther King Jr Boulevard ci , state, Zip Belle Glade, Florida 33430 Contact Person Lillian Tomeu Telephone 561-992 -1607 Date(s) Df Service 2009- Current Type of service community transit Comments: Contractors Name: Midnight Sian Tours /Horizon Coach Lines BID No. 2013 -04 Bus Rental & Driver Service Page 24 90TY OF BELK KY M IATURE FORM BUS RENTAL AND DRIVER SERVICES Parks & Recreation BID # 2013 -04 PLEASE AFFIX SIGNATURE INHERE INDICATED URE TO DO So SHALL BE CAUSE FOR REJECTION OF YOUR The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. Midnight Sun Tours Inc Evergreen Trails Inc. d.b.a. Horizon Coach Lines *Name of Bidder (Firm Name as Registered with their State of origin) Business Address: 220 South Dixie Highway, Suite #2 Street Address (P.O. Box Address is not permitted) Lake Worth, Florida 33460 City, State, Zip Mailing Address: xx Check if Same as Business Address above Street Address City, State, Zip Signature Robert W. Finke, Regional Vice President Print Name and Title of Person Signing this Form - -- - (561) (561 586 -8821 September 12, 2012 61 588 -4446 5.......) _�. Date Telephone 1 Fax No, Email Address: rfinke @horizoncoachl.ines.com VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: Anna Lin[ TELEPHONE: 561 ) 588 -4446 EMAIL ADDRESS: alinley @horizancoachlines.com BID No. 2013 -04 Bus Rental & Driver Service Page 25 0. g C Ci J w� m O C z qdq d qdq C 4 p6p 4 Q ❑4❑ q6q 4 6 ¢ q¢q 6 6 q6q 6 qC qd 6 6 q6 6 N N ^ ca m .� Ef _ _ ^ n ^ n n n n Z Q z 1� � 3 3�[q� 6 rn X G C d G c `�'� '°° ° m m - y m a¢¢ a a ^¢ a a a u U > > w > ? w w > 5 n h n �e WrW N r`�i WrW r`µi WrW r Wry1 WrW V V WFµ� r Wr Wrj1 W� WN W« WN�] WNj.� WN �W ~ WNW NW�y NW N WGW V V WVW V` w (-7 U p m fm7 0�0 c n ry ry - r _ i pp Q W c L c e e c e c c L V En C'1 5 L'1 0 C7 i i > > >> > a> a i y a >> w ik U V° — — r- gy n _ STATEMENT O NO BID BUS RENTAL AND DRIVER SERVICES Parks & Recreation BID # 2013 -04 If you are not bidding on this servicelcommodity, please complete and return this form to: City of Delray Beach Purchasing Department, 104 NW '1st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray (Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ( ) Black ( ) Hispanic ( ) Woman ( ) Other We, the undersigned have declined to bid on Bid No. 2013 -04 due to the following reason(s): Specifications too "tight ", i.e., geared toward brand or manufacturer only (explain below) TnsufE'zcient time to respond to the hivitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) Remarks /Other: BID No. 2013 -04 Bus Rental & Driver Service Page 26 �. �. i• .BID No. 2013 -04 Bus Rental & Driver Service Page 27 w: '.�- '- Cti�dr�n &Families E= State of Florida Rick Scoff Govemor - Department of Children and Families David B. Wilkins '.� Secrefary Live Scan Background Screening Submission Form Employers /Providers Contact your local DCF Background Screening Office for OR[ and Live Scan OCA numbers. The following information must be presented prior to or at the time of screening. 1. A valid picture ID Z DGF Agency Identifier {OR[)# This is a nine digit number beginning with FL92 and ending with the letter "Z ". 3. bCF Live Scan 0GA ## This is a nine digit number beginning with your 2 digit Circuit Number, your OCA, and ending with the letter 7'. Lire Scan Vendors-, Background Screening for the [department of Children and Families must include the fol l awing_ • A valid OR[ entered into the Controlling Agency Identifier field (this may also be the Requesting Agency fieid) on the Transaction Screen, and • The Providar Live Scan OCA number entered into the Originating Case Agency Field on the Miscellaneous Screen, Applicants Present this form to any Live Scan Vendor approved to submit Level 2 Background Screenings through the Florida Department of Law Enforcement. Live Scan vendors may be found on the Department of Children and Families website, at h :tiw�.dcfbaok roux dscreenin ,coral or the FjoFida Department of Law Enforcement website,. at w' v.fdle.state.fi -us. 1317 vfnewood Bauievard, Tallahassee, Florida 32383 -D700 Misslon_ Protect line Vulnerabie, Promote StroxJ and Economically Self Sufficient Families, and Advance PeFsana[ and Family Recover, and Resiliency PRIOR TAB SHEET 1. BID No. 2013 -04 Bus Rental & Driver Service Page 28 LLI U °o N � °o 0 Cfl a Cary d o CD cc E oa coo co °a c? 0 0 00 rn fF} ca o C7 O C7 O d o CD p O z L O LU Lo 6 6 ?. � O Q � V5 s ti Cl) CL W sL CD CC Q d Q 7 w — O O o 4 Q M ff} N Cis 10 10 l{7 cx; tl S Ff} Ga {R 04 Z Q LL! U a W Q DL 0 O d d C7 CD C) Q d 11] Q d d- N N o Q 0 O o m Cpl tg O Cl) O� CO f� N N LO 4f3- Z 6c3- 6S- J Q -D �^ _ L or z O 0 ti 0 0 °o °n o J N U? 0 m co ~ ti ti ti LO N LO � r � c 0 Cn ai N LLJ n U iLl c r ❑] a a L co Q. m OCL d °o °o o Q tu ti co N CJ LU [�O to z U) Vs iH 5R U ❑ tf-r Mfr t o rfr a s L >_ L N Ir, Q 0 = RO U) N ro to Ctf N r N 0 S O S r O S S 2 m Z Ll.J m {!) u � pl Q O i! to D CL1 q3 CD CAE C C CA r CL -' 0 0 0 m 'a �+ -0 0 V in A C 7 0 _1 , O C = Q Q (� L.. L � L 2i r °a �N u, u� m �- U �� _0 cc m ar c as 3 ++ N ❑ y, °' ¢ m '� �_ U � r f CO ❑ 0 a) 5 Z o sz 0 CD 1> m C6 co S LL ff7 {U 7+ w w .1 1 C4 d a) 57.. ,� co L C Oi n7 Z C) L [ � 0 7 CL .0 C6 �? CA Q1 W� 5 O 0 O p= p Q .0 [U 3 O o 0 a c Qp a 9 J S G u7 x F- I� V) t Q C9 «? C-4 CD O O o o f >- co 0 N Co !-- m City of Delray Beach Purchasing Office 100 NW First Avenue Delray Beach, Florida 33444 BID NO #2013 -04 Bus Rental & Driver Service For Parks And Recreation Wednesday, September 12, 2012 2:00 p.m. SUBMITTED BY MIDNIGHT SUN TOURS, INC. / HORIZON COACH LINES 220 SOUTH DIXIE HIGHWAY LAKE WORTH, FL 33460 561 -588 -4446 561- 586 -8821 FAX Midnight Sun Tours together with Transportation Management Services / Horizon Coach Lines appreciates the opportunity to provide transportation for the City of Delray Beach. Midnight Sun Tours, Inc. is Palm Beach County's largest motor coach operator and transportation service provider. With a fleet of approximately fifty vehicles, we have the resources to provide an excellent transportation program for the City of Delray Beach. Midnight Sun Tours along with other Coach America operations have entered into an agreement to be purchased by Transportation Management Services, Inc. / Horizon Coach Lines. This agreement is expected to close on or before September 30, 2012. Midnight Sun Tours, as part of the Horizon Coach Lines Family, will continue to focus on delivering the same excellent service to its existing and new customers. Midnight Sun Tours, Inc. has been providing premium motor coach and shuttle transportation service in the West Palm Beach area for more than 30 years. We service many government agencies throughout South Florida, Midnight Sun Tours has been the contracted transportation provider for the City of Delray Beach's Leisure Services in prior years. This partnership has been highly successful and has given us the opportunity to demonstrate the exceptional level of service that The City has received. Each annual option was renewed and Midnight Sun has valued the relationship that has developed, The management team of Midnight Sun Tours, Inc. is experienced in programs such as those provided by the City of Delray Beach. We encourage you to examine the profiles of our senior management team to gain full insight into the level of our experience. We are very strong in the delivery of transportation services for public entities and municipalities. Our operational focus is to deliver safe, efficient and effective transportation service to our customers. Midnight Sun Tours, Inc. looks forward to being the City of Delray Beach's transportation provider. We are committed to meeting and exceeding your service expectations. Sincerely, �?YVV,6-, 4 g�, Anna Linley District Manager Midnight Sun Tours, Inc. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 PIT, Management Team Midnight Sun Tours and Horizon Coach Lines is proud to offer an extremely experienced and committed management team. The senior management in South Florida includes: Robert W. Finke - Vice - President for Coach America (ourparent-company) As a transportation professional with more than thirty years of transportation experience, Mr. Finke understands the complexities of operating a large ground transit system. In his executive management roles with Rochester - Geneese Transit Authority in New York, Palm Tran (Palm Beach County Transit), Coach USA, and now Coach America, Mr. Finke is a proven leader who is results oriented. Anna Linley - Terminal Manager Ms. Linley has been in the motorcoach and shuttle transportation industry for almost twenty years. Her most recent positions include Controller and Accounting Manager prior to being named our Terminal Manager. Ms. Linley possesses very strong communication skills and the ability to motivate her diverse and committed workforce. Yana Kaarenoja - Controller Ms. Kaarenoja has been with Midnight Sun for almost ten years. In her current role, she is responsible for all fiscal operations for our operation. As a valued member of our team, Yana exceeds the expectations of her team and co- workers on a daily basis. Leo Parry — Safety & Training Manager Mr. Parry has more than a decade of experience in the transportation industry. This experience includes operations, safety, training, and administration. His expertise in customer service benefits our already strong training regimen. Dorothea Moore — Operations Supervisor Ms. Moore is truly a transportation veteran with almost thirty years of combined experience in motorcoach, paratransit, and school bus operations. Tasked with the responsibility of overseeing all scheduling, Ms. Moore understands the intricacies of our industry. Vesa Nikunen - Director of Maintenance Mr. Nikunen is a seasoned professional having over twenty years of experience in transportation maintenance at Midnight Sun Tours /Coach America. He has a well- rounded background including work in maintenance procedures; parts inventory systems; budget preparation, administration, and life cycle replacement versus failure cost analysis. Proposal far the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Btd No. 2013 -04 e U11 wilm CURRENT MUNICIPAL / SHUTTLE CONTRACTS Century Village West Palm Beach 2102 West Drive West Palm Beach, Florida 33417 As the sole provider of on -site and off- property shuttle services, Midnight Sun Tours provides daily service for the village utilizing seven shuttle buses. City of Belle Glade 110 Dr. Martin Luther King, Jr. Blvd Belle Glade, Florida 33430 Our contract with Belie Glade allows for the daily operation of five fixed route bus routes along with any special event or charter services that the city may need. Palm Beach County 27006 1h Avenue South Labe Worth, Florida 33461 Midnight Sun Tours has served the county for many years providing transportation for both special events and summer camp service. Jewish Federation of South Palm Beach County 9901 Donna Klein Boulevard Boca Raton, Florida 33428 Midnight Sun Tours has provided summer camp transportation for this extended group for more than ten years. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 HIRING AND TRAINING OF DRIVERS AND MECHANICS Anna Linley and Leo Parry will have the responsibility of hiring and training all bus operators. They will interview new applicants and current employees for all positions. They will be looking for outgoing, customer oriented individuals for these positions. All employees will be trained in a classroom setting on customer service techniques, teamwork initiatives and safe operation of communication equipment while driving. Leo Parry, our Safety & Training Manager will ensure all pre - employment drug tests, physicals, MVR's, criminal records checks and previous employers' record checks are performed correctly. Upon hiring, he will set up FTA and DOT compliant drivers' files and ensure that all employees are added to the random drug and alcohol testing pool. Ongoing Recruitment Practices We will regularly advertise in the local newspapers for drivers. Regular advertising campaigns enable us to maintain a file of applications from quality individuals and enable us to eliminate any service disruptions due to lack of staff. Additional recruiting sources typically used in seeking applicants for this type of service include: • University placement centers • Military retirement centers • Employment development offices Midnight Sun Tours, Inc. approaches each contract as a partnership. The success of the program is dependent upon the coordination and cooperation with our contracting partners. We strive to provide each customer with professional drivers and staff. As part of the quality control process, we include access to our management team at all times. We understand the importance of quality service. with well - trained professional operators. The firs t begins with the recruitment process. Proposal far the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 An exceptional level of service begins step of the quality control program SAMPLE ADVERTISEMENT NOTICE OF JOB OPENING Position: BUS DRIVERS Duties: Bus operators for Local Fixed -route bus and Circulator services. Must be safety conscious and have an exceptional customer service attitude. Training: Paid training courses of up to five weeks depending on skills and current license class. Qualifications: Clean driving record, drug /alcohol free, clean criminal background check, interview, etc, Hours: Hours vary each week depending on the assigned work shift. Midnight Sun Tours, Inc. is an Equal Employment Opportunity Employer. We do not discriminate on the grounds of race, creed, disability, national origin, gender, or any other non -job- specific criteria. Hiring Practices Midnight Sun Tours, Inc. has developed standard hiring and training practices for all of the transportation systems operated by the company, These include a careful review of the applicant's qualifications using hiring checklists tailored to the local operation, Basic employment criteria are outlined in the following subsection. Each applicant must complete an application for employment, which gathers basic information on the employee's experience, work history, references, etc. Once the application is completed, we perform an initial interview to explain the position, duties, and wage levels. This initial interview is usually done "on the spot" during the applicant's first visit. The initial interviewer completes an Applicant Evaluation Form as a screening tool, a sample of which is shown on the following page. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation. Annual Contract Bid No. 2013 -04 CANDIDATE INTERVIEWER �eerveew 4e�ee Midnight Sun Tours, Inc. DRIVER APPLICANT EVALUATION FORM JOB CLASSIFICATION DATE TEST SCORE P F MV NO. OF POINTS CDL LICENSE YES NO ENDORSEMENTS TIME DUE Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 Well.... Well SKILLS/ . Above Above Below Below APTITUDE Average Average Average Average Average COMMENTS Appearance Alertness Education Experience Job Knowledge Communication Ability Well Well PERSONAL : ,Above Above Below Below ASSESSMENT Avera a Average Average Average Average COMMENTS Attitude Maturity Stability Motivation/ Ambition Ability to Work With Public & Fellow Employees Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 Hiring Practices Continued After the initial interview, we verify that the applicant meets all of the qualifications and employment criteria outlined in the following subsection. This includes acquiring a driving record and criminal background checks, checking with former employers to verify experience and references. The next step is a second interview with the Operations Manager or Maintenance Manager. Once the applicant has been referred from the initial interviewer and the preliminary information has been verified. This allows the respective manager to have a longer conversation and gauge the applicant's safety attitude and ability to meet other requirements of the position. The second interview typically includes a thorough review of the applicant's record and qualifications, situational questions, motivation and desire for the position, appearance and presentation, and communication skills. After the second interview, the Operations Manager or Maintenance Manager will meet with the initial interviewer and make a hiring decision. At this point, the applicant will be offered conditional employment status - subject to the ability to pass the remaining criteria and to complete the training programs. All new employees are automatically on probationary status for their first 90 days with the company. Once offered conditional employment, each employee who operates a bus must have a USDOT physical exam in accordance with appropriate State and Federal regulations. A Coach America approved physician, not the employee's personal physician, conducts this examination. It includes USDOT approved pre - employment drug screening, along with functional assessments of the employee's ability to handle the various physical tasks associated with the position. In addition, employees are drug and alcohol tested in accordance with Federal Transit Administration regulations. All newly hired personnel will be scheduled for the next training class promptly. We generally conduct training courses as soon as we are able to hire a group of five qualified new hires in the same department, though we often train one or two at a time if circumstances require smaller classes. In the meantime, the new employee will receive the Policy Statement/Work Rules, which outlines Coach America's safety training and safety policies. Each new hire must sign a receipt acknowledging that they have received the rules and policy book and that they have reviewed it with the training instructors. All operators and other drivers are required to maintain a current Commercial Driver's License and to produce it upon request. Midnight Sun Tours conforms to the requirements of the Commercial Motor Vehicle Safety Act of 1986. We check and update all employee certifications at least every six months. After the initial hire, each employee's performance is reviewed on a regular basis to ensure compliance with work requirements. A file is maintained on each employee recording any preventable accidents /incidents on the job. These are reviewed on a regular basis and additional training is initiated, as required. Proposal far the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 �1 j P. 1P_ .. !1 1 4. 1 Employment Criteria The following are minimum qualifications for operator and safety training positions, • Prior to hiring any person to be a bus or van operator, a list of responsibilities and safety qualifications are reviewed by the manager and the prospective employee. • Each prospective employee is evaluated per Coach America's criteria, including an initial interview/screening process and a second interview with the appropriate manager to whom the new employee would be assigned. • History check of previous employers is conducted to detect reliability, customer service aptitude, and unsafe habits. • Proficiency exam is administered to applicants to rate qualifications and experience in appropriate fields. • Criminal record is checked through State and National sources. No felony convictions are allowed. • Driving record check is completed by applying for an abstract from the State of Florida and any other state in which the prospective employee has held a driver's license. At a minimum, the following screening criteria will be used: o No more than one moving violation during the last five years prior to application. No moving violations within the last 12 months. ♦ If license has ever been suspended, applicant must have five subsequent years with no violations. ♦ If license has ever been revoked, applicant shall not be eligible for employment. ♦ Under no condition will an applicant be accepted as a driver if he has been convicted of a felony or has been convicted of a drug or alcohol offense. Ability to understand and fluently communicate the English language orally and in writing. • Pre - employment physical, which includes the pre - employment drug testing, is conducted by a physician to meet all appropriate state and Federal regulations and Federal Transit Administration Drug and Alcohol regulations, as well as, the Midnight Sun Tours, Inc. Drug and Alcohol Policy Statement. • New hires must pass the test on the material contained in the training program through the Transportation Safety Institute Research and Special Programs Administration and the United States Department of Transportation. This will aid in determining the qualifications of each individual. Training includes courses in the following modules, in addition to extensive hands -on and policy training: o Passenger Relations e Defensive Driving and Bus Maneuvering o Accident Handling and Emergency Procedures r First Aid • Completion of the Commercial Drivers License testing procedures is required prior to driving. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No, 2013 -04 Employment Criteria continued All maintenance employees will be expected In addition, maintenance employees will be level in the various maintenance systems. Manager in placing the employee within th e determining promotions and reclassifications, Skills to be measured include: to meet the minimum driver qualifications. given an array of tests to indicate their skill These tests will assist the Maintenance proper classification and will also assist in • Diagnostic skills • Basic repair skills • Component understanding • Electrical theory • Air conditioning and heating systems skills OPERATOR TRAINING REQUIREMENTS All new fixed -route operators hired shall receive a minimum of 120 hours of training prior to being allowed to operate on their own. Please note that these requirements only reflect the initial (pre - service) training, and that ongoing courses and refresher modules will also be provided frequently to ensure quality service. During initial classroom training (approx. 48 hours for fixed- route), operating procedures will be taught and employees will be given copies of the Operations Manual to study. Classroom training also includes courses or training modules in defensive driving, drug/alcohol policies, sensitivity training, and similar modules. The classroom training will also encompass introductions to the system's routes, fare handling and accounting, and other system orientation activities. The hands -on instruction (approx. 40 hours for a fixed- route) is conducted in parking lots and low - traffic training areas with supervisory level training instructors. This allows the new driver to learn the proper operation of the vehicle, tight maneuvers, backing procedures, and how to use the Nextel radio and safety equipment. We use all components of the USDOT Transportation Safety Institute Bus Operator Training Course during the first two weeks of the program. Once the classroom and hands -on (behind - the - wheel) training is completed, the new operator must pass a comprehensive battery of tests conducted by a training supervisor in order to be certified to move on into "Cadet Training" (approx. 32 hours for a fixed - route.) New drivers will not be allowed to carry passengers in revenue service until they are fully CDl- licensed and can pass written knowledge, pre -trip inspection, and driving tests. Once tested, the new operator begins the observed driving portion of training "Cadet" driving while observed by a senior operator who is there to help out and polish the new driver's skills and performance. Daily training evaluations are completed to track each new operator's progression by classroom, hands -on, and cadet instructors alike throughout the program. One -on -one extra help is provided to shore up any weak spots before proceeding to the next phase. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 el' 196P? _u4 ru r l A OPERATOR TRAINING CONTENT Midnight Sun Tours, Inc. utilizes a number of training courses and modules during the training process. Training will include the following: • Operations Manual contents and familiarization • Transportation Safety Institute Courses on: • Passenger Relations • Bus Maneuvers • Emergency Procedures • Pre -trip inspection procedures • Map reading and familiarization with the TMA service area • Route and system familiarization • Schedule reading • Elderly and disabled individuals procedures • ADA sensitivity training • Diversity Training • Safety Training • State of Florida motor vehicle laws • CDL B -P testing requirements • Accident and incident procedures and reports • Midnight Sun Tours, Inc. - Nextel procedures • Vehicle familiarization • Wheelchair lifts /accessibility devices and operational procedures The following paragraphs contain brief descriptions of module content. Defensive Driving & Bus Operator Training Midnight Sun Tours, Inc. will use Trainers who are certified to teach the Transportation Safety Institute Bus Operator Training Course and the National Safety Council Defensive Driving courses. We will utilize a number of courses and modules available from these programs including: • Passenger Relations (TSI) • Bus Maneuvers (TSI) • Emergency Procedures (TSI) • Defensive Driving, 4 Hour Version (NSC) • Coaching the Transit Sus Operator (NSC) • CDL Pre -Trip Inspection, Skills & Road Test for Coach/Transit Bus Drivers (NSC) Aroposal far the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 1013 -04 sn�n� � :ors ur�oirr Operator Training Content Continued Familiarization with the Bus, Pre -Trip and Post -Trip Inspection Procedures: We use both instructors and maintenance personnel to teach trainees about how the various systems on the vehicles work and how to report defects. Instructors demonstrate and explain the entire bus inspection process more than once, and each trainee practices it throughout training. The Maintenance Manager also conducts an explanatory tour of the bus systems for each group, raising the bus on the lift and explaining major systems. This familiarization helps new drivers understand the functions of the bus. Emergency Procedures: Instructors cover how to handle a variety of emergencies in the classroom, and demonstrate and practice emergency procedures during the road training in parking lots. This module includes procedures for handling accidents, breakdowns, loss of braking power, fires, bus evacuations, hostage situations and /or bomb threats, robberies, and severe inclement weather situations without radio communications. The parking lot session includes staging mock emergencies, evacuating buses filled with trainees, and discharging fire extinguishers among other exercises. Bus Stops and Passenger Loading Considerations: This session covers how to maneuver the bus safely into bus stops, and how to position the bus properly to avoid passenger injuries. The module is normally taught in the parking lot at a mock bus stop, demonstrated during the route tours, and then practiced during route training. Route Tours: During this module, an instructor drives each route while another instructor conducts a verbal tour and demonstration for the trainees. The narrating instructor points out how to maintain proper lane position, trouble areas with certain traffic situations and maneuvers, how to make each bus stop properly, which destination signs to use, and much more route - specific information. This session normally kicks off the transition from driving in parking lots and lightly traveled roadways to driving the actual routes. Public Relations Seminar: This module covers the various difficult situations a driver faces and how to provide friendly customer service. Great emphasis is put on this area, as we believe that drivers are the key to the system's success. We encourage each driver to promote the system and act as ambassadors to help improve ridership. We will use videotapes and role - playing exercises, among other techniques, to bring this message home. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 pie 4 t ee Operator Training Content Continued Completion of Driver Day Cards: This session teaches the new driver about proper reporting in regards to their shift through the Driver's Day Card. Each driver must fill in the day and date, the bus number, the route and trip, the run number, arrival and departure times at the beginning and ending time points, passenger statistics, transfers issued and any delays or problems. MAINTENANCE TRAINING PROGRAMS Midnight Sun Tours, Inc. realizes that a complete maintenance - training program to provide and update technical information is a must. Training will be scheduled during the service implementation period as outlined previously, as well as, on a continuing basis. Midnight Sun Tours, Inc., whenever possible, schedules ongoing training outside of regular work shifts so that maintenance programs are not adversely affected. Midnight Sun Tours has created a maintenance training and mechanic upgrade program along with outside technical training for all maintenance personnel. Maintenance training is done with the use of video tapes, maintenance manuals, outside training programs and in- house, one-on -one training. Components of Midnight Sun Tours maintenance training programs include: Technical Training Technical training is provided to all maintenance employees on the diagnosis of problems in electrical, engine, transmission, doors, cooling system, air brake systems, suspension and kneeling systems, body frame, windows, heating and air conditioning, power steering, failure analysis, preventive maintenance, engine cooling systems, turbochargers, front axles, and rear axle carriers. Shop Equipment Operation Employees are trained in the operation and safe use of all shop equipment. Maintenance Manuals Maintenance manuals for each type of vehicle, system /equipment maintained are kept in the maintenance office. The Maintenance Manager keeps all manuals in a complete and current fashion. Updates and revisions are ad -ded as the Maintenance Manager receives them. Manufacturer Training Midnight Sun Tours, Inc. utilizes manufacturer trainers to work with mechanics at our facilities. Additionally, manufacturers provide periodic workshops or classes on specific topics or equipment. Midnight Sun Tours, Inc. takes full advantage of this training by sending key maintenance personnel who can then train other employees at the operating location. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 Maintenance Training Programs Continued New Hires /Newly Assigned Newly hired /assigned employees receive safety training and driving training and are required to obtain the proper license to operate a bus with passengers within thirty days of employment. Retraining Employees are periodically scheduled for retraining and position upgrading. We encourage all our mechanics to become fully certified as master mechanics. REFRESHER TRAINING We will provide two types of refresher training: one -on -one refresher training as needed and continuous refresher modules for all drivers. The one -on -one training will be provided to individual drivers and will be programmed due to accidents, incidents, complaints, and periods away from work or similar situations. The group refresher modules will be provided at least quarterly, and will usually deal with a single topic or area of concern. We will provide modules as required to highlight changing regulations, developing accident trends, etc. Many 2-4 hour modules are also available through the National Safety Council, our insurers, and through our network of transit industry associates. Since drivers are required to renew their defensive driving certifications annually, these will make up part of the refresher training. Also, periodic drug/alcohol education and other areas suggested and developed by the Safety Committee will be taught. SUPERVISORY /STAFF TRAINING Midnight Sun Tours, Inc. will fully train the supervisory and administrative staff according to their job responsibilities. Some of this training will be accomplished by inclusion into selected parts of the driver - training program. For example, all members of the supervisory and administrative staff= will be included in the Public Relations Seminar to emphasize how each of us impacts the customer. The Supervisor will receive training in how to monitor drivers on the road, as well as, how to respond to emergency situations. The Supervisor will also be fully licensed and trained as a driver to deal with emergency situations. Many seminars and workshops are available through various sources to conduct supervisor - training sessions. Midnight Sun Tours, Inc. has a number of these modules in our training library to provide on- going training for the supervisory and administrative staff. All training provided to our employees will be documented on Training Checklists, which are kept in the employee's personnel record. Staff will review this information, at least quarterly, in order to schedule refresher and re- certification courses in a timely manner. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 VEHICLE AND EQUIPMENT MAINTENANCE PROGRAM Preventative Maintenance Plan Our Preventive Maintenance (PM) Program will rely on frequent and thorough vehicle inspections, along with timely repair of operating problems. The program will be designed for the proper maintenance of all equipment in the fleet and will be based on our experience in maintaining vehicles of this type in similar operations. The overall goals of the program will be to ensure safety, reduce service interruptions, extend the life of the equipment; lower annual maintenance costs and provides thorough and accurate record keeping and management information. This program will stress identifying and correcting mechanical problems before on -route vehicle failures occur. One cornerstone of our program will be requiring our drivers to perform thorough pre - trip and post -trip bus inspections. Each driver will be required to thoroughly inspect his or her vehicle prior to beginning each day's assignment, as well as, when the vehicle is returned to the lot at the end of the day. If a bus operator notes a defect on their pre - trip form, the operator is required to notify dispatch immediately. The bus will be removed from service until the defect is corrected. Dispatch will assign a reserve bus to the driver. The driver's initial training provides instruction on pre -trip inspection procedures. Among other things, the driver will be required to check engine fluids, lights, body and tire condition and to cycle the wheelchair lift prior to leaving the yard. Problems will be identified for management's attention using a Bus Condition Report. We have used many of these forms and will design a specific form for this service during the implementation phase. If a safety - related defect is discovered, the vehicle will either be repaired prior to beginning service, or replaced with a spare vehicle. If the vehicle will not be ready for the next day's pull -out, the PM Mechanic will affix a Down Tag to its steering wheel and place the vehicle's indicator in the down column of the fleet status board in the operations office. These steps ensure that all vehicles operated are safe and that developing problems are identified while they are still minor. With careful attention, most mechanical problems can be corrected before they result in a breakdown and /or service interruption. The supervisory and maintenance staff will regularly monitor the driver's thoroughness in performing these inspections. Preventative (Scheduled) Maintenance In addition to daily pre -trip and post -trip inspections by the drivers, each vehicle will undergo preventive maintenance and service procedures on a periodic basis in conjunction with the following schedule: Mini Coach "A" Level Service - Every 5000 miles/ 1 month "B" Level Service - Every 10000 miles/ 2 months "C" Level Service - Every 15000 miles /10 months Proposal for the City of Delray Beach. Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 Vehicle and Equipment Maintenance Program Continued The PM program is designed to service the vehicles on a progressive mileage interval. It is the responsibility of the Maintenance Manager to properly schedule PM inspections and to ensure that the inspection occurs at the appropriate time. The inspections are progressive in that each level of inspection and its required maintenance procedures becomes increasingly more comprehensive as you proceed from "A" to "C" levels. The first and most basic level is the "A" Level, performed every 5,000 miles. At certain other intervals, additional requirements beyond the "A" inspection occur. Every 10,000 miles (i.e. every other "A" service), an "A" Level PM is completed along with the additional requirements of the "B" Level inspection. Then, at 15,000 miles (i.e. every fifth "B" Level service), an "A" Level and a "B" Level, along with the additional requirements of a "C" Level service are completed. Each level has a PM and safety checklist that must be completed at the time of inspection to document the procedure. These are also used to schedule upcoming maintenance so that many minor items can be repaired at one time while the bus is in the shop. Each level of inspections will be tailored to the vehicle type. Manufacturer's specifications, age and other factors will be taken into account when developing the specific checklist forms. Regular Maintenance Campaigns Midnight Sun Tours, Inc. operates and maintains many different types of buses. We have developed a number of scheduled maintenance modules. One example is a thorough inspection and service procedure for the A/C systems that we schedule every spring to prepare for the summer months. Similarly, we also inspect and service heating systems and make other preparations each autumn in advance of the winter season. We will schedule these types of maintenance campaigns to prepare for expected weather conditions in the West Palm Beach area. Unscheduled Maintenance In addition to regularly scheduled preventive maintenance, we will be prepared to perform whatever unscheduled maintenance and running repairs may be necessary. Our Maintenance Department will be staffed during all hours of operation, with particular attention paid to peak pullout periods. Typically, much of our unscheduled maintenance comes about through the pre -trip inspection process as drivers discover minor defects such as; tires that may have gone down during the night, air bags that will not fully inflate, or lights that are burned out. We will have a maintenance staff member available during pullouts to repair such minor items quickly. If repairs will delay the operator's getting to his /her starting point on time, a protection bus will be dispatched instead. We normally keep a spare bus prepared and checked out for this purpose. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013-04 Vehicle and Equipment Maintenance program Continued Another type of unscheduled maintenance comes about through mechanical problems that develop during the course of the day. We have two options here. First, we can dispatch an extra -board driver or mechanic with the protection bus to switch equipment and bring the problem bus back to the lot. These switches will be made at the end of the line or at layover or transfer points as necessary to keep from inconveniencing passengers. The second option is to send a mechanic with a service truck to the problem bus for a quick running repair on the road. This truck will be outfitted with an air compressor, fluids, a complement of air and hand tools and a number of spare parts such as lights, hoses, belts and other items that commonly fail on the road. Again, these running repairs will be made at the end of the line or at layover points to minimize passenger inconvenience. If the problem cannot be fixed quickly, the bus will be switched and returned to the garage for repair. A third type of unscheduled maintenance comes about through the end -of -the -day fleet check process and the PM Mechanic's review of pre -trip inspection reports filled out by the Drivers. As each bus is brought back to the lot and placed in the service line, the bus defect card is collected from the driver and reviewed. This allows the Mechanic to interview the driver about the specific nature or symptoms of the problem that occurred. After the bus is serviced, it is either parked (if there are no problems), or brought into the shop to correct defects. Midnight Sun Tours, Inc. has experience with both scheduled and unscheduled maintenance of buses in large -scale operations similar to these services. We understand how to staff and equip our garages for these purposes and we analyze breakdowns, road calls, and other items continually to ensure proper allocation of our efforts. We have a number of resources including the Maintenance Managers from our other transit properties that are available to provide professional advice and support to the local staff. This sharing of information allows problems found at one location to be resolved throughout our entire network. Lift and Tie -Down Maintenance It is standard operating procedure that wheelchair lifts be fully deployed and exercised as part of the daily pre -trip inspection. Experience has shown that frequent exercising of wheelchair lifts accomplishes two objectives: • Malfunctioning lifts are identified quicker, many times before a malfunction can result in inconvenience for a wheelchair passenger. • The regular exercising of the lift mechanisms helps to prevent lift maintenance problems and failures due to build -up of dirt, foreign objects, corrosion, etc. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 Vehicle and Equipment Maintenance Program Continued In addition to the daily exercising of wheelchair lifts, Midnight Sun Tours, Inc. has a regularly scheduled Wheelchair Lift Inspection and Preventative Maintenance program that is part of the scheduled "A" Level inspection every 5,000/10,000 miles. Fare Equipment and Destination Sign Maintenance Midnight Sun Tours maintains ancillary equipment, such as fare systems and destination signs, at many of our transit properties. We have a wealth of knowledge available, along with some extremely strong relationships with the suppliers, for these components. Radio Maintenance Midnight Sun Tours, Inc. staff and applicable vendors will maintain the Nextel system. We will work to ensure that spare units are available in the event of failures. Parts, Fluids, and Tires We will maintain appropriate inventory levels during the term of the contract. Local parts distributors will be utilized to a great extent to ensure rapid access to parts and materials. We will maintain commonly used parts and a supply of hard -to -find bus parts. A specific area of the shop will be designated to store and secure parts inventories. The parts area will be secured and monitored at all times and the inventory control system will allow the Maintenance Manager to know what is in stock and to reorder at appropriate levels. Fluids and lubricants will be purchased in bulk as needed. The storage tanks will be dipped or measured regularly and replenishment schedules will be established with local suppliers. Limited supplies of fluids will also be available on the shop truck. Parts, Fluids, and Tires Continued Fluid storage and removal will comply with EPA and State and local guidelines. In addition, OSHA requirements regarding ventilation, lighting, etc. will be met through our shop safety program. Tires will be stored and secured at the maintenance facility. We will use a full service tire - leasing contractor for this project. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No, 2013 -04 MAJOR REPAIRS & WARRANTY WORK Most of the regular repairs will be performed in- house. The garage will be fully equipped to perform almost all engine, chassis, and component repairs that may be necessary. Body repair, paint and glasswork may be subcontracted to local providers. We believe in using the warranty process as extensively as possible to avoid unwarranted costs. We will establish good relationships with the major manufacturers and component suppliers to facilitate this process. We will work with these manufacturers to obtain training and certification as an official warranty service center in as many cases as possible. The Maintenance Manager will administer all warranty repairs and pursue all warranty reimbursement associated with work performed on the vehicles. MAINTENANCE RECORD KEEPING AND SCHEDULING The management team will implement a comprehensive record - keeping program to generate vehicle repair histories and schedule upcoming maintenance needs. The Maintenance Manager and operations staff will work closely in this area on a daily basis to ensure proper rotation and scheduling of any maintenance or repairs needed. In order to properly track the scheduling of these services, Midnight Sun Tours, Inc. requires each maintenance facility to maintain a PM status matrix. This status matrix contains information indicating the vehicle number, the current mileage, the mileage and type of next PM service due, and any defects or upcoming inspections due. It will be kept up -to -date at all times. The maintenance staff will track all vehicle repairs, road calls and PMs for each bus. In order to ensure there will always be sufficient vehicles to meet operational needs, a daily roster board in the operations office will show vehicles scheduled for maintenance work or assigned to operations. Maintenance will supply operations with a list of downed vehicles on a daily basis. In order to ensure vehicles scheduled for maintenance work are not used, a red Down Tag will be attached to the steering wheel. The red tag will ensure that no bus goes into service without approval from Maintenance by indicating that the bus is scheduled for maintenance and is not available for service. After all maintenance work has been completed and the vehicle meets safety standards, the tag will be removed and the vehicle shifted into the "available" column on the operations board. A first step towards building the maintenance records will be accomplished during the implementation phase, when complete maintenance files will be requested. These files will be reviewed in conjunction with the vehicle inspection process. Fallowing this initial review, the beginning PM schedule will be developed. Each vehicle file will have the vehicle repair history summary kept up to date. This shows an overview by date and mileage of every repair or PM procedure performed on the vehicle. These histories are extremely useful in highlighting developing problems Proposal far the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 C ! . 1 L1T 11�. i.1 Maintenance Record Keeping and Scheduling Continued and scheduling upcoming maintenance or overhauls. All PM procedures and repairs performed on any vehicles will be documented by the maintenance staff on Repair Orders. These will contain the following information: • Repair order number • Date of repair • Unit number • Serial number • Odometer reading • Mechanic performing the work • Itemized listing of parts utilized • Labor hours by work task • Sublet charges (if applicable) • Total costs itemized including parts, labor and taxes Completed Repair Orders will be filed in each vehicle file and a summary will be entered in the vehicle's repair history file. In addition to vehicle repair histories and copies of work orders, a daily Consumables Log will be maintained by the fuelers and utility staff to account for fuel and other consumables added. This information will be used to verify monthly fuel usage by vehicle and highlight any operating efficiency problems. We will maintain a wide variety of written records and computerized transit maintenance records to more efficiently collect and analyze data. These maintenance records will include: • Completed daily pre -trip and post -trip inspection forms • Daily consumable records (fuel and fluids usage) • Daily road call reports • Master PM schedules • Tire program records • Complete maintenance files on each vehicle including: • Vehicle repair histories including scheduled and unscheduled maintenance • Warranty information • Repair orders including parts and labor allocations • f=luids usage including fuel, oil, ATF, antifreeze • Copies of safety inspections • Operating equipment inventories • Cleaning program records • PM files on facilities and equipment (lifts, HVAC system, etc.) We have many operational and maintenance forms in use at our other operations that can be modified for use in this project. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 m�a v T IT14 a t VEHICLE CLEANING AND SERVICING Our cleaning personnel wash vehicles on a scheduled basis and perform lot and facility maintenance functions. These individuals will be scheduled to clean and service the vehicles when they pull -in from their daily assignments. The bus - cleaning program includes the following activities: 1. Pre -Trip Inspection As part of the pre -trip inspection of the bus by the driver each day, the driver inspects the interior and exterior of the bus for dirt and debris. If the debris is minor in nature (newspapers, candy wrappers, etc.), the driver will pick it up. If the bus is dirty, the driver will report the matter immediately to the dispatcher. The bus then will be cleaned or replaced, depending on the amount of time available. The driver is also responsible for keeping the interior of the bus clean during the assigned work shift. 2. Supervisory Support A supervisor will spot -check buses for cleanliness on a random basis. These spot checks may take place at any time, including the pre -trip period. Specific Cleaning Procedures Cleaning procedures will consist of the following steps: • Cleaners will be assigned to clean the buses. At the end of the evening service run, a utility person will enter the bus and walk slowly to the rear of the bus, checking for newspapers, broken glass, torn seats, gum, open windows, graffiti, broken metal and items stuffed between seats and side walls. Any passenger items left on the bus will be logged in, tagged and given to the Maintenance Manager immediately. • The cleaner will use a cloth and an all purpose cleaner to spray and wipe the sun shade, header panel, control panel, complete dash, mirrors, steering wheel, seat and ledge around the windshield, the front panel of the dash, handrails and the panel on the side of the seat. The interior of the windows, windshield, and door glass will be spot - cleaned with a window cleaner as needed. • The cleaner then will sweep the bus. The cleaners will do a thorough interior cleaning using a commercial pre -mixed cleaner and a clean mop on an as needed basis. This includes the stepwells and the under seat areas. • The exterior of the buses will be washed each day in order to maintain a professional appearance for the system. • Once each month, or more often if necessary, the interior ceilings, sidewalls, hand rails and seats will be cleaned. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation. Annual Contract Bid No. 2013 -04 on vsrur c�a� �nr � Vehicle Cleaning and Servicing Continued In addition to cleaning the buses, the cleaners are charged with servicing each vehicle. This is done in an assembly -line fashion. Servicing includes checking and adding fluids as necessary, performing a walk - around inspection and checking tire condition and inflation. All fuel and fluids added will be recorded on the appropriate logs. The mileage will also be recorded at this time. HEATING & AIR CONDITIONING PROGRAM We have three ASE — Air Conditioning Certified Mechanics who perform/oversee the air conditioning and heating programs. The heating and air conditioning are checked at every Service Level 'A'— 5,000/10,000 -mile preventative maintenance. At that time, the A/C filters are cleaned or changed and the Freon level is checked, Additionally, the receiver dryers are changed annually. SERVICE PERFORMANCE STANDARDS Our maintenance department keeps track of all vehicles in the fleet. Every vehicle is listed on the maintenance board which is updated daily. This ensures that preventative maintenance is performed at the correct intervals. Additionally, when work is performed, all aspects of the job are tracked on our maintenance software. The system tracks what was repaired; the parts used; the mileage of the vehicle; the time for completion; and who performed the repairs. We use this program so, if something happens on the road, we can pull into the nearest Coach America garage and they can look up the history of the vehicle before they begin repairs. This is a great maintenance tool that enables our mechanics to use their time in the most efficient manner available. Daily quality control involves making sure that the maintenance department is up to date with their scheduled preventive maintenance procedures, Midnight Sun Tours, Inc, will carry out preventive maintenance inspections in accordance with Coach America policies, A detailed, computerized, vehicle maintenance and repair history is maintained on each vehicle. This report tracks the inspection and repair history of every vehicle by component, job, time, mileage and date, The Maintenance Manager and Operations Manager are required to review the maintenance schedule daily. This ensures that Midnight Sun Tours, Inc. is up to date with preventive maintenance campaigns and that buses are being properly scheduled in accordance with procedures. We understand that preventive maintenance must be specific to the vehicle type to ensure the proper preventive maintenance is performed, Proposal for the City of Delray Beach. Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 Service Performance Standards Continued Clearly, breakdowns should be minimized in order to maintain quality service. In- service breakdowns, late pullout reports, and the percentage of daily fleet availability will be recorded and analyzed to ensure that the fleet is ready when needed. The supervisors will work with maintenance to minimize such problems. SAFETY PROGRAM As part of our quality control procedures, we focus on specific safety interventions daily. We measure our safety performance through regular review of our ratio of preventable accidents per 100,000 miles. We use the National Safety Council's definition to define a `preventable accident'. We specifically look for trends to determine if a particular type of accident is occurring, or if accidents take place at a precise location. If a trend is indicated, the Transportation Manager prepares a `Notification' for the bus drivers to inform them about the potential problem. In addition, daily briefings are prepared for dispatchers. This enables them to discuss specific safety trends with drivers. These trends become safety meeting topics. Safety meetings are held monthly. Coach America realizes the importance of system safety and proper training at every level of our operation. Our corporate staff is dedicated to making our operations as safe as they can possibly be. We put safety first. To this end, Coach America has developed a comprehensive Safety and Health Program which has been implemented at each location. The Safety and Health Program includes a two- volume user guide, which was designed and written by a Coach America committee which is comprised of members who collectively have 100 years of experience in the transportation industry. It was designed to simplify the safety management process and assure compliance with OSHA and DOT regulations. Volume I addresses program management. It covers topics necessary to initiate and maintain a safety program in compliance with OSHA and DOT regulations. Our safety staff is able to tailor the program to accurately reflect the safety needs of Midnight Sun Tours, Inc. services by providing information specific to the vehicles, staffing and local regulations that govern the system. Volume II functions as a compliance manual. It contains all documentation needed to support the effective administration of a safety program on a daily basis. This second volume includes issues, such as: training and maintenance inspections, emergency plans, and record keeping. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No, 2013 -04 uu r ®� r �° V 7" r r ■r �rr� M ra Safety Program Continued Coach America's Safety and Health Program is structured in three levels: 1. Customization and Implementation -- as described above, Midnight Sun Tours' safety staff and on -site management will work together to establish an effective program that will include employee participation and training continually. 2. Periodic On -site Audits — safety staff will periodically visit each operation to perform safety audits. During these visits, each functional area of operation will be examined to maintain safe operation of the system and to determine current compliance levels and potential problems. Current performance levels will be noted and recommendations will be made to improve any deficiencies. These audits are documented in a comprehensive report, which will serve as a valuable reference tool. Midnight Sun Tours, Inc. will schedule the initial audit approximately six months after the initiation of service. 3. Corporate Reporting, Review and Feedback — each audit will be extensively documented and reports will be made both to the `on -site' management team and the corporate staff. Direct written feedback to our managers allows clear communication and immediate recognition of performance levels. We will work with our managers to identify and develop any training that may be recommended as a result of our audits. We believe that this multi - tiered approach will enable us to utilize our corporate resources to the fullest while providing a safe and efficient operating environment. Safety and Health Program Basics • fairing quality employees through aggressive recruiting and screening practices. Standard pre - hiring screening practices will include requiring a valid commercial driver's license, reviewing motor vehicle records, requiring a USDOT physical exam with pre - employment drug screening and performing reference checks with former employers. • Extensive training that focuses on safety, system reliability, and professional operating procedures. On -going refresher training programs will complement the initial operator training. • A comprehensive substance abuse education and prevention program including pre - employment, periodic, post - accident, reasonable cause and random drug and alcohol screening. • A progressive discipline system focusing on corrective action for developing problems, not solely punitive reaction to safety infractions. Corrective action will include refresher training programs, counseling, suspensions, etc. • Periodic review of personnel records to ensure updated physical exams, licenses, driving records, training certifications, etc. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No, 2013 -04 Mill 191: R �' iJ Safety Program Continued • Frequent in- service driver checks by supervisors to ensure proper operating techniques, proper uniform attire, adherence to schedules, etc. • Periodic performance evaluations of all employees to gauge safety habits and driving ability. • Incentive programs to motivate and show appreciation to personnel who meet safety goals. • An on -going Safety Committee to promote employee involvement in safety issues. This committee will meet regularly to review recent accidents, make recommendations as to preventability and otherwise function as an Accident Review Board. They will also serve as advisors to management on safety issues, devise and promote safety programs and events, examine training techniques and use other methods to improve employee safety consciousness. • A thorough PM Program for all system vehicles, equipment and facilities. Emphasis is placed on safety and extending the life of the assets through preventive measures. • Management involvement and focus on safety issues, including a monthly review of the operation safety record, active participation in the training process and periodic review of claims histories with insurance company risk management staff. • Development and improvement of rules, policies and procedures regarding safe operations. Operations and training manuals will be used to clarify procedures. • Posting safety reminders, posters, newsletters, relevant articles and other written information concerning safety and /or local traffic situations in driver break areas. HAZARDOUS MATERIALS Coach America develops an emergency response plan for each of its facilities and for on street handling of incidents involving hazardous materials. Midnight Sun Tours' plan for handling of these substances begins with the proper storage, handling and disposal of these materials. The Safety Manager will carry a spill kit. Each kit will contain materials needed for the containment and clean up of fluids that might pose an environmental threat should an accident or other incident result in the release of such materials. For each facility, staff members will be trained (during both initial and refresher sessions) for the handling of situations involving release of hazardous materials. Monthly employee meetings will include discussion of safety issues including hazardous material releases. Proposal far the City of Delray Beach Bus Rental and Driver Services Parks and Recreation. Annual Contract Bid No. 2013 -04 CUSTOMER COMPLAINTS We can receive complaints by U.S. Mail, fax or email. The operations manager then reviews the complaint. He interviews the driver and the street supervisor if necessary. Upon his findings, he will then call the complainant to address and rectify his/her issue. COMPLAINT AVOIDANCE Along with addressing complaints that come in, we will proactively seek to reduce the incidents that generate complaints through aggressive street supervision and outreach to the various groups and/or agencies that use the services. PERSONNEL APPEARANCE All drivers will report to the dispatch office before beginning work. A supervisor will visually inspect each driver to ensure that the correct uniform for the service is worn and that personal grooming has been performed. During the day, the supervisor will constantly monitor the appearance of all drivers for neatness and cleanliness. This includes, but is not limited to, shirts tucked in, neckties, jackets worn appropriately, and no stains on the driver's clothes. CUSTOMER SATISFACTION Customer satisfaction is critical to maintaining a responsive transportation system. Midnight Sun Tours, Inc. believes that a focus on customer satisfaction must be done daily. Therefore, customer satisfaction is one of our quality control procedures. Understanding the importance of customer satisfaction is something we instill in each Midnight Sun Tours, Inc. employee. This topic is covered at length in our bus operator - training program, as well as, in our management training programs. All supervisors are responsible for responding to customer complaints, with a focus on one -stop problem solving for the customer. Drivers are instructed to complete incident reports on all customer complaints or issues. At Midnight Sun Tours, Inc., we attempt to collect all relevant information before responding to a customer complaint. MAJOR SERVICE PROBLEMS From time to time, major service schedule disruptions can occur due to weather, traffic conditions, accidents, road detours and other operating hazards. When a service route has been disrupted, the Supervisor will be sent to the appropriate point of the route in an effort to properly re -space vehicles into the schedule, All such adjustments in schedules will be coordinated with dispatch. Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation. Annual Contract Bid No. 2013 -04 WEEKLY QUALITY CONTROL PROCEDURES It is a policy of Midnight Sun Tours, Inc, to have a weekly staff meeting in operations. The purpose of the meeting is to review the status daily of each of the quality control factors. All supervisors are required to attend these meetings. There is a specific agenda, which reviews the following items: • Bus driver log to ensure on -time attendance • Supervisor data collection information regarding on -time performance • Pre -trip inspection forms for the week • Computerized maintenance PM status and schedule • Safety statistics and a discussion of safety interventions planned for the following week • Incident reports and status of any open customer issues • Focus for the following week's actions and plans for improving service and response times • Any other items identified as being important to the system's performance Proposal for the City of Delray Beach Bus Rental and Driver Services Parks and Recreation Annual Contract Bid No. 2013 -04 Corporate Acknowledgement And Certificate Will be Submitted Upon Completion of Acquisition by Horizon Coach Lines Sale Scheduled to be Final September 12, 2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: February 27, 2014 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 AMENDMENT NO.3 TO INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM ITEM BEFORE COMMISSION Amendment No. 3 to the Agreement creating the Palm Beach Workforce Development Consortium provides that the Consortium will add the City of West Palm Beach as a Consortium member and make clear that the Chief Elected Official (CEO) is the Board of County Commissioners of Palm Beach County and is the fiscal agent, grant recipient and administrative entity to administer the programs and funds in Region 21. BACKGROUND In 1998, the Workforce Investment Act (WIA) was signed into law, ending the 15 year old Job Training Partnership Act and recognizing Job Centers or Regional Workforce Development/Investment Boards (RWB) as the way to provide publicly funded employment and training services. Under WIA the Local Elected Official (LEO), Palm Beach County Board of Commissioners, designates the Workforce Development Board. Workforce Alliance, Inc. was appointed by the County as the RWB for Palm Beach County, Florida. Over the past 10 years Palm Beach County acted as the LEO. In 2007 the LEO was changed from a single entity to a Consortium called The Palm Beach Workforce Development Consortium, consisting of the cities of Delray Beach, Palm Beach Gardens, South Bay and Palm Beach County. Under the terms of the Agreement, dated July 10, 2007, the City has a role in establishing and overseeing the workforce system and working with the other Consortium members in implementing and exercising oversight with respect to job training activities under the WIA. RECOMMENDATION The City Attorney's Office recommends approval. THIRD AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM This Third Amendment modifies the Interlocal Agreement that created the Palm Beach Workforce Development Consortium ( "Consortium ") and is made and entered into pursuant to the authority under Section 163.01, Florida Statutes, by and between Palm Beach County and the Cities of Delray Beach, Palm Beach Gardens, South Bay and West Palm Beach, all of the State of Florida. WITNESSETH THAT: WHEREAS, Public Law 105 -220 enacted by the congress of the United States effective August 1998, which Act is known as the Workforce Investment Act ( "WIA"), established a program to provide universal access to workforce development services for the businesses and citizens of Palm Beach County; and, WHEREAS, the State of Florida's Workforce Development Board ( "WDB ") CareerSource Florida created by the Legislature in 2000, has been designated by the Governor to take the lead in designing and directing Florida's workforce development strategy and to designate Workforce Development Areas; and WHEREAS, the County of Palm Beach was designated by the Governor of the State of Florida as a Workforce Development Region (Region 21); and, WHEREAS, the Workforce Investment Act of 1998, allows that an agreement may be entered into between the general purpose governmental jurisdictions which comprise the workforce development/investment area; and WHEREAS, the governing body of each of the parties to this Agreement desire that its county or city be included in regional workforce development initiatives to avail its businesses and citizens of the benefits of Florida's workforce development strategy, including those programs funded through the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner - Peyser Act (WP), the Florida Workforce Innovation Act of 2000 FWIA) , and such other funding sources as may be available to support workforce activities; and WHEREAS, the above governing bodies in the WDB Region 21 with the exceptive- 3f' the -%"Je ,t P . inn Beacilh came together to form the Consortium to carry out their separate and independent functions described herein in a coordinated and cooperative fashion; and 361267 1 WHEREAS, a readily available workforce of skilled workers is mandatory to attract new businesses to the region and to retain and expand existing businesses which will increase the wealth of the region, support strong economic development, ensure jobs for our citizens, expand the tax base, improve the quality of life and ensure the region's economic future; and WHEREAS, the Consortium established an independent district with no taxing or bonding authority to enhance local workforce development activities in Palm Beach County, Florida; and WHEREAS, the above governing bodies with the exception of the City of West Palm Beach entered into an Interlocal Agreement, which was designated by the County as R2007 -1220, dated July 10, 2007 creating the Palm Beach Workforce Development Consortium which Agreement was modified by the First Amendment to the Interlocal Agreement dated September 11, 2007 and designated as R2007 -1446 by the County, and Amendment 002 to Agreement Creating the Palm Beach Workforce Development Consortium dated July 22, 2008 and designated R2008 -1268 by the County which are collectively herein referred to as the "Interlocal Agreement "; and WHEREAS, the above governing bodies desire to amend the Interlocal Agreement to add the City of West Palm Beach as a Consortium member; and WHEREAS, the above governing bodies wish to amend the Interlocal Agreement to make clear that the Chief Elected Official (CEO) is the Board of County Commissioners of Palm Beach County, Florida, and is the fiscal agent, grant recipient and administrative entity to administer the programs and funds in Region 21 with the power and authority to delegate such responsibility to Workforce Alliance, or any other appropriate entity, as its sub -grant recipient to perform the responsibilities as fiscal agent and administrative entity. NOW, THEREFORE, in consideration of the promises and mutual covenants and obligations contained herein and for other good and valuable consideration, the parties agree and understand as follows: 2 Delete in its entirety Section 1.b. of the Interlocal Agreement and replace it with the following: b. The members, representatives and officers of the Consortium are specified in Sections 8.a. and 8.b. of this Interlocal Agreement. The following is inserted at the end of Section 2 of the Interlocal Agreement: Mayor, City of West Palm Beach West Palm Beach, Florida 361267 2 401 Clematis Street West Palm Beach, FL 33401 3. Delete in its entirety Section 8.a. of the Interlocal Agreement and replace it with the following: a. The Consortium shall consist of representatives of the five (5) member governments who shall be elected officials designated to serve by their respective Commission, or Council with the exception of the City of West Palm Beach from which the representative shall be the Mayor. Each municipality shall have one (1) representative, entitled to one vote each. The County shall have one (1) representative entitled to a total of five (5) votes. The elected officials or, in the case of the City of West Palm Beach, the Mayor may designate an alternate to serve in the elected official's or Mayor's absence. The alternate shall be an elected official to the Commission or Council. 4. Delete in its entirety Section 8.b. of the Interlocal Agreement and replace it with the following: b. The officers of the Consortium shall include a chair which is the Representative of the Board of County Commissioners of Palm Beach County. The vice chair shall be elected from among the mayors of the four (4) participating cities by the membership of the Consortium for a term of one (1) year, consistent with the state fiscal year, but shall hold office until a successor is duly elected. 5. Delete in its entirety Section 9.b. -h. of the Interlocal Agreement and replace it with the following: b. The Board of County Commissioners is designated as the CEO, the fiscal agent, grant recipient and administrative entity to administer WIA, PRWOR, Wagner - Peyser Act and such other funding sources as may be available to support workforce development activities for Region 21, Palm Beach County, Florida as chartered by CareerSource Florida. C. The Board of County Commissioners shall designate the subgrant recipient, initially Workforce Alliance, Inc. (to be renamed CareerSource Palm Beach County, Inc. and to be known as CareerSource Palm Beach County), whose responsibility it is to administer workforce development services and the Board of County Commissioners and the subgrant recipient shall enter into a formal agreement. d. To determine the procedures for the development of the workforce investment plan as described in Section 117 of the WIA and the strategy to implement Florida's workforce development initiative within the area designated in Section 4 of this Agreement. 361267 3 D 7 e. Together with the subgrant recipient to approve the workforce development plan for the Region and modifications thereto. f. To provide oversight and guidance in conjunction with the subgrant recipient. g. To accept responsibility for compliance and accountability for State and federal funds. Any disallowed costs will remain the responsibility of Palm Beach County as the CEO. h. To perform any other appropriate duties necessary for the accomplishment, and consistent with the purposes, of this Agreement, the WIA, PRWOR, WP, and FWIA. To establish an Independent Special District (to create through an interlocal agreement offering staff the ability to participate in the Florida Retirement System), with no taxing or bonding authority, to enhance workforce development activities in Palm Beach County, Florida. The following is inserted at the end of Section 16 of the Interlocal Agreement: Mayor, City of West Palm Beach West Palm Beach, Florida 401 Clematis Street West Palm Beach, FL 33401 Attachment 1 to the Interlocal Agreement is replaced by the Attachment 1 attached hereto. 8. All other provisions of the Interlocal Agreement and attachments thereto in conflict with this Third Amendment shall be and are hereby changed to conform with this Third Amendment. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with this Third Amendment are still in effect and are to be performed as specified in the Interlocal Agreement. [The remainder of this page is intentionally left blank.] 361267 4 EXECUTION PAGE [Page 1 of 2] CITY OF DELRAY BEACH BY: DATE: ATTEST: CITY OF PALM BEACH GARDENS BY: DATE: ATTEST: CITY OF SOUTH BAY DATE: ATTEST: CITY OF WEST PALM BEACH DATE: ATTEST: 361267 5 Mayor City 3lerk Mayor City Clerk Mayor City Clerk Mayor City Clerk EXECUTION PAGE [Page 2 of 2] ATTEST: SHARON R. BOCK CLERK AND COMPTROLLER By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY :1 Tammy K. Fields Chief Assistant County Attorney 361267 6 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS: 13 f risc2lia A. Taylor, Mayor APPROVED AS TO TERMS AND CONDITIONS M Shannon R. LaRocque, P.E. Assistant County Administrator Attachment 1 CareerSource Palm Beach County, Inc. Board Composition Private Sector* Appointed by: Palm Beach County Commission 14 City of South Bay 1 City of Delray Beach 1 City of Palm Beach Gardens 1 City of West Palm Beach 1 Total Private Sector 18 Mandato A ointments ** Local Educational Entities 1 Postseconda Educational Institution/Community Collage 1 Labor or Employee Representatives 2 Community-Based Organizations: Disabled 1 Community-Based Organizations: Veterans 1 Economic Development Agencies 2 0 e-Stop Partners: TANF /DCF 1 One-Stop Partners: Senior Community Service Employment Program 1 One-Stop Partners: Vocational Rehabilitation 1 CSBG 1 HUD 1 Job Cor s 1 & Seasonal Farmworkers Pro rams 1 -Migrant Private Non - Profit Trainin Provider 1 Private For - Profit Training Provider 1 Total Mandato 17 Minimum of 51 % Private Sector appointments required by Federal Law /State Statutes * Mandatory appointments are specified by Federal Law /State Statutes ** 361267 r % R 2 0 08 2008 AMENDMENT 0021 AGREEMENT R2007 -1220 CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM WITNESSETH: WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect entered into an Interlocal Agreement Creating The Palm Beach Workforce Development Consortium. WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, wish to revise the Interlocal Agreement incorporating language that was signed by Governor Crist pursuant to Senate Bill 428 which authorizes the designation of a Regional Workforce Board as a One -Stop Operator and Direct Provider of certain services by agreement of the Chief Elected Official and the Governor. WHEREAS, the effective date of this Second Amendment shall be July 22, 2008. NOW, THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, hereby agree that the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium is amended as follows: 1. Delete in its entirety "Article 6. CREATION OF ADMINISTRATIVE ENTITY" found on page 3 of the Agreement and replace with the below revised "Article 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES ". 6. CREATION OF ADMINISTRATIVE ENTITY AND DIRECT PROVIDER OF SERVICES The Consortium, pursuant to Section 163.01(7) of the Florida Statutes and Senate Bill 428 will employ staff which comprise Workforce Alliance, Inc. as Administrative entity and the Direct Provider of Services to operate and implement workforce programs including One -Stop Direct Services and related programs in the Workforce Development Area (Region 21). 2. All other provisions of Agreement R2007 -1220 Creating The Palm Beach Workforce Development Consortium and attachments thereto in conflict with Amendment 002 shall be and are hereby changed to conform with Amendment 002. All other provisions of the Interlocal Agreement and attachments thereto not in conflict with Amendment 002 are still in effect and are to be performed as specified in the Interlocal Agreement. [The remainder of this page is intentionally left blank.] 'R 2 U Q ., i? 68 COUNTY OF PALM BEACH EXECUTION PAGE [Page 1 of 1] Addtp, L. Greene DATE: - 08 ATTEST: . CITY BY: DATI ATTE CITY OF SOUTH BAY arson Approved as to form »no legal sufficiency: Fay: moo. pity ,4tt®rney Corporation Secretary ayor orporation Secretary BY: Mayor DATE: ATTEST: Corporation Secretary AND- E ._ tom -. Al'L l� `N I Y {Lt i:NVF. rv�aji'Km ��Y 2 r 8200 ' 14 4 6sEa112007 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM WITNESSETH: WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida pursuant to the authority under Section 163.01, Florida Statutes, and each passing resolutions to that effect entered into an Interlocal Agreement Creating The Palm Beach Workforce Development Consortium. WHEREAS, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South .Bay, wish to revise the Interlocal Agreement and insert language stating the requirements of the Independent Special District charter in accordance with Sections 189.416(1) and 188.418(1), Florida Statutes. WHEREAS, the effective date of this First Amendment shall be August 1, 2007. NOW, THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens, and South Bay, hereby agree that the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium is amended as follows: 1. Insert and add the following "Section J." to "Article 9. DUTIES AND RESPONSIBILITIES OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM" of the Interlocal Agreement as follows: J. The following provisions for the requirements of the Workforce Alliance Independent Special District (ISD) Charter are provided herewith: a) The purpose of the ISD is to develop a readily available workforce of skilled workers which is mandatory to attract new businesses to the ISD and to retain and expand existing businesses within the ISD. This in turn will increase the wealth of the ISD, grow the economic "pie ", ensure jobs for our citizens, expand the tax base, improve the quality of life and ensure the district's economic future. b) The powers, functions and duties of the ISD will not be used for the purpose of ad valorem taxation, bond issuance or other revenue - raising capabilities within the district. Nor will tax deeds and tax certificates for non -ad valorem assessments as well as liens or the foreclosure of liens be used. The budget and its approval as well as contractual agreements will be in parallel with the provisions set forth in this Interlocal Agreement. c)' The method of establishing the ISD is by this Interiocal Agreement between the governing bodies of Palm Beach County and the municipalities of Delray Beach, Palm Beach Gardens and South Bay, all located within the boundaries of Palm Beach County. The -ISD shall be established by the concurrence and signing of all participants of this Interiocal Agreement. d) The ISD Charter will be amended as required upon recommendation by any member of The Palm Beach Workforce Development Consortium /ISD providing thirty days written notice prior to a scheduled meeting of the members. e) The membership and organization of the ISD will parallel that of The Palm Beach Workforce Development Consortium. f) There will be no compensation for members of the governing board other than for travel and meeting expenses. g) The administrative duties of the governing board are as follows: • Determine the procedures for the development of the Workforce Investment Plan and the strategy to implement Florida's workforce development initiative within the ISD. • Together with Workforce Alliance, Inc., to approve the workforce development plan for the ISD and modifications thereto. • Provide oversight and guidance in conjunction with the Workforce Alliance Inc. Board of Directors. • Perform any other appropriate duties necessary for the accomplishment, and consistent with the purposes of the iSD. h) The applicable financial disclosure, noticing, and reporting requirements will be followed as required by and in accordance with all applicable Florida Statutes for publicly elected officials, in accordance with Florida's Government -In -the Sunshine Law (FS Chapter 286) and reporting will be in parallel with The Palm Beach Workforce Development Consortium and Workforce Alliance, Inc. as required for federal and state reporting. i) Members of the ISD governing board will be a duly elected County commissioner or a city Councilperson appointed to the ISD by their respective commission or council. j) The ISD we be financed through the allocation of federal funds from the United States Department of Labor or the United States Department of Health and Human Services or through any other Federal, State or Local source. Other funds In the form of public and /or private grants or awards may be available from time to time. E k) The ISD will not tax, issue bonds, nor collect non ad valorem assessments, fees or service charges. i) Planning.to meet federal and state requirements is the submission of a strategic workforce development plan every two years which Is process oriented in nature. Therefore, a local plan which will be tailored to the ISD and which will focus on the outcomes necessary to meet the goals and objectives of the ISD will be developed and reviewed on an annual basis. m) The geographic boundary of the ISD is limited to the confines of the legal description of Palm Beach County Florida. n) The creation of this ISD Is consistent with local government approved comprehensive plans. 2. All other provisions of the Interlocal Agreement Creating The Palm Beach Workforce Development Consortium and attachments thereto in conflict with this First Amendment shall be and are hereby changed to conform with this First Amendment. All other provisions of the Interlocal Agreement and attachments thereto not in confiict with this First Amendment are still in effect and are to be performed as specified in the Interlocal Agreement. [The remainder of this page Is Intentionally leff, blank.] 3 EXECUTION PAGE_ [Page 1 of 11 COUNTY' OF Palm Beach R 2 0 O 7 !W', 1446 SEA 112007 BY: :Chair Addle UrImeil e Chatrptrson:� DATE: SEP ATTEST: ' • C #rc ''`� C# DE AY BEACH +',,, ►,•,.•�� °`� Appro as to tornt Ofid Mayor Is Butt tenog: DATE: w • ' • ATTEST- 11;noa -ion d�lssh- ni�) corporation secretary CITY OF PALM M DA ATTEST' �e c c. Corporation Secretary CITY OF SOUTH BAY BY:_..�. DATE:"_ ATTEST: Corporation Secretary OTATIr OF FLORIDA, r'OUN7Y OF PALM BnAnw 1. SHARON] m R200T .y2 U JUL 10 200T INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM This Agreement, to create the Palm Beach Workforce Development Consortium ( "Consortium ") is made and entered into pursuant to the authority under Section 163.01, Florida Statutes, by and between Palm Beach County and the Cities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida, each passing resolutions to that effect. WITNESSETH THAT: WHEREAS, Public Law 105 -220 enacted by the congress of the United States effective August 1998, which Act is known as the Workforce Investment Act ( "WIA "), established a program to provide* universal access to workforce development services for-the businesses and citizens of Palm Beach County; and, WHEREAS, the State of Florida's Workforce Development Board ( "WDB ") Workforce Florida, Inc. (WFI) created by the Legislature in 2000, has been designated by the Governor to take the lead in designing and directing Florida's workforce development strategy and to designate Workforce Development Areas; and WHEREAS, the County of Palm Beach has been designated by the Governor of the State of Florida as a Workforce Development Region (Region 21); and, WHEREAS, the Workforce Investment Act of 1998, allows that an agreement may be entered into between the general purpose governmental jurisdictions which comprise the workforce development(investment area; and WHEREAS, the governing body of each of the parties to this Agreement desire that its county or city be included in regional workforce development initiatives to avail its businesses and citizens of the benefits of Florida's workforce development strategy, including those programs funded through the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner - Peyser Act (WP), the Florida Workforce Innovation Act of 2000 FWIA) , and such other funding sources as may be available to support workforce activities. WHEREAS, the above goveming bodies In the WDB Region 21 have come together to form the Consortium to carry out their separate and independent functions described herein in a coordinated and cooperative fashion; and WHEREAS, a readily available workforce of skilled workers is mandatory to attract new businesses to the region and to retain and expand existing businesses which will increase the wealth of the region, support strong economic development, ensure jobs for our citizens, expand the tax base, improve the quality of life and ensure the region's economic future. WHEREAS, the Consortium intends to establish an independent district with no taxing or bonding authority to enhance local workforce development activities in Palm Beach County, Florida. NOW, THEREFORE, in consideration of the promises and mutual covenants and obligations contained herein and for other good and valuable consideration, the parties agree and understand as follows: 1. ESTABLISHMENT OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM a. Is hereby established a multi jurisdictional consortium hereinafter called the "Palm Beach Workforce Development Consortium" or "Consortium" for the express purpose of carrying out the individual responsibilities of each party to this Agreement under the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner - Peyser Act (WP), the Florida Workforce Innovation Act of 2000 (FWIA) , and such other funding sources as may be available to support workforce activities. b. The Consortium shall consist of four (4) members. The Chairman of the Board of County Commissioners of Palm Beach County shall serve as that County's representative on the Consortium; however, the Board of County Commission Chairman may appoint a replacement member of the County Commission to the Consortium and any such Commissioner shall have full voting rights and privileges. Likewise, the Mayor of the City of Delray Beach, the Mayor of the City of Palm Beach Gardens, and the Mayor of the City of South Bay shall serve as those cities representatives on the Consortium; however the Mayors may appoint any member of their respective City Councils to the Consortium and any such Council Member shall have full voting rights and privileges in accordance with "Attachment 1 Workforce Alliance, Inc. Board Composition" of this Agreement. 2. PARTIES TO THIS AGREEMENT Each of the parties to this Agreement is a county or city of the State of Florida and as such is a general- purpose political subdivision, which has the power to levy taxes and expend funds, as well as general corporate and police powers. These parties are more particularly identified as follows: Name Board of County Commissioners Palm Beach, Florida Mayor, City of Delray Beach Delray Beach, Florida Mayor, City of Palm Beach Gardens 2 Address 301 North Olive Avenue West Palm Beach, FL 33401 100 NW First Avenue Delray Beach, FL .33444 10500 North Military Trail Palm Beach Gardens, Florida Palm Beach Gardens, FL 33410 Mayor, City of South Bay 335 SW 2nd Ave South Bay, Florida South Bay, FL 33493 3. CONSIDERATION In order to establish the background, context, and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties hereto, the following are the predicates underlying the undertakings and commitments included within the provisions which follow and shall be constructed as the essential elements of the mutual considerations upon which this Agreement is based. 4. GEOGRAPHICAL AREA TO BE SERVED BY THIS AGREEMENT a. The geographical area to be served by this Agreement is the combined geographical area of each of the four members' county area and city limits that are parties to this Agreement, whose geographical areas are contained in the legal description found in Chapter 7, Florida Statutes. b. Pursuant to the designation by the Governor, the four members constituting the Palm Beach Workforce Development Consortium and Workforce Alliance, Inc. shall be the WDB Region as provided for in Section 116 of Title 1 of the WIA, PRWOR, WP, FWIA and Florida's workforce development initiatives as designated by WFI and the Governor for the geographical area covered by this Agreement. 5. FEDERAL AND STATE REQUIREMENTS It is the intent of the Consortium to incorporate into this Agreement the duties and obligations governing programs under WIA, PRWOR, WP, and the Workforce Florida Act programs as well as any other rules and regulations both State and Federal, applicable to these initiatives. 6. CREATION OF ADMINISTRATIVE ENTITY The Consortium, pursuant to Section 163.01(7) of the Florida Statutes will employ staff which comprise Workforce Alliance, Inc. and the Workforce Alliance One -Stop Advisory Committee to operate and implement workforce programs including one -stop direct services as well as related programs in the workforce development area (Region 21). 7. JOINT UNDERSTANDING The terms and conditions, which follow, reflect the joint understanding between the parties. 3 8. MEMBF-RSHIP a. The Consortium shall consist of the four (4) member governments represented by elected officials designated to serve by their respective Commission, or Council. The elected official may designate an alternate to serve in the elected official's absence. The alternate shall also be either the chief elected official or an elected official to the Commission, or Council of the member government. b. The officers of the Consortium shall include a chair and a vice chair. These officers shall be elected from among and by the membership of the Consortium for a term of one year, consistent with the state fiscal year, but shall hold office until their successors are duly elected. 9. DUTIES AND RESPONSIBILITIES OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM a. To appoint the members of Workforce Alliance Inc, in accordance with the WIA, FWIA, and Attachment 1 of this Agreement. The Workforce Alliance Inc. Board shall consist of 35 members as provided for under the Workforce Investment Act, and the Florida Workforce Innovation Act. 1. As per Attachment 1 each unit of local government will appoint their respective number of private sector members to the Workforce Alliance, Inc. board of directors as listed in Attachment 1. Mandatory appointments will be approved by the Consortium. Ii. The Consortium may add individual organizational representatives to the membership of Workforce Alliance Inc. Board of Directors as provided for under the WIA and the FWIA, provided that sufficient additional private sector appointments are made to assure a 51% private sector majority. Iii. Nominations to Workforce Alliance Inc. Board of Directors shall be made in accordance with the WIA, FWIA and such instructions as may be received from the Governor of the State of Florida. b. To designate Workforce Alliance, Inc. as the fiscal agent, grant recipient and administrative entity to administer WIA, PRWOR, Wagner - Peyser Act and such other funding sources as may be available to support workforce development activities for Region 21, Palm Beach County, Florida as chartered by WFI. The Board of County Commissioners can review this section (9b) on an annual basis and amend it as described under section 15 of this agreement. 4 c. To enter into agreements with each other regarding the workforce development area, including the selection of one of the parties to the agreement to serve as the chief elected official for the area. d. To determine the procedures for the development of the workforce investment plan as described in Section 117 of the WIA and the strategy to implement Florida's workforce development initiative within the area designated in Section 4 of this Agreement. e. Together with Workforce Alliance, Inc., to approve the workforce development plan for the Region and modifications thereto. f. To provide oversight and guidance in conjunction with the Workforce Alliance Inc. Board of Directors. g. To accept responsibility for compliance and accountability for State and federal funds. Any disallowed costs will remain the responsibility of Palm Beach County as currently exists. h. To perform any other appropriate duties necessary for the accomplishment, and consistent with the purposes, of this Agreement, the WIA, PRWOR, WP, and FWIA. i. To establish an independent special district (to create through an interlocal agreement offering staff the ability to participate in the Florida Retirement System), with no taxing or bonding authority, to enhance workforce development activities in Palm Beach County, Florida. 10. MEETINGS a. The Chair shall preside at all Consortium meetings and shall perform all duties incident to that office. The Vice Chair shall preside in the absence of the Chair and shall have the power to exercise and perform all duties of the Chair. b. Meetings shall be held at least twice annually. c. Meetings shall be noticed and declared public meetings, open to the public, in accordance with the Sunshine Law, Section 286.011, Florida Statutes. d. A quorum at any Consortium shall consist of any Three (3) members or their designated alternates. A quorum is required to transact Consortium business. e. At all meetings of the Consortium at which a quorum is present, all matters shall be decided by the majority vote of said members. 5 11. FINANCIAL SUPPORT a. The Consortium shall support its programs and any costs incidental to the operation of its programs by grant funds appropriated to it by the United States Department of Labor or the United States Department of Health and Human Services for the following programs: the Workforce Investments Act, the Personal Responsibility and Work Opportunity Reconciliation Act, the Wagner - Peyser Act or other Workforce Development, Welfare Legislation or related grants provided by Workforce Florida, Inc. or through any other Federal, State or Local source. In addition, the Consortium Is authorized to accept any other grants in aid or assistance funds, from the United States Government or to accept appropriations from any of its members, or any other organization or person, including the acceptance of gifts, grants, or bequests whether it be in the form of tangible or intangible property. b. No funds will be required from the treasuries of any of the parties to this Agreement for implementation of workforce development initiatives, including programs funded by WIA, PRWOR or WP, it being the intent hereof that all funding of the workforce development initiatives and the Consortium shall be accomplished by grants and funds available pursuant to workforce development initiative programs, including any other State and Federal grants or other funding which will further the purpose of the program. The above language does not preclude units of local government from expending funds under their jurisdiction on workforce development programs. c. The Consortium is a governmental entity as defined in Chapter 768.28 Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein" is intended to serve as a waiver of sovereign immunity by the Consortium for which sovereign immunity is applicable. Nothing herein shall be construed as consent by a member of the Consortium as a political subdivision of the state of Florida to be sued by third parties in any matter arising out of this or any other contract, this agreement or any part thereof. The Consortium shall assume equal liability to the extent allowed and/or required by law for the operation of Federal and State Workforce Development programs. d. The Consortium shall purchase Insurance to indemnify itself and/or any of its members and any separate legal entity or contractors from any liability, which may attach due to its operation of WIA, PRWOR, WP or other Federal or State workforce development programs. 12. POWERS DELEGATED TO THE CONSORTIUM The Consortium shall make all policy decisions except those which must be made in partnership with the Workforce Alliance Inc. pursuant to the authorizing legislation under which grants are made available. Policy decisions shall include, but not be limited to those powers enumerated at Section 163.01(5), (6), and (7) of the Florida State Statutes, such as, but not limited to: a. The power to appoint a separate legal administrative entity to carry out Consortium policies and perform as described in Chapter 163 of the Florida State Statutes, Sections 163.01(7) (b). The initial designation shall be the Workforce Alliance, Inc. b. The manner in which accountability for fund expenditures shall be provided for including an independent audit to be done accordance with the Florida Statutes, and Federal OMB Circular A133. c. The acceptance of grants, gifts, or other types of financial assistance as allowed by law. d. Authorization of the Consortium Director who shall also be the President and CEO of Workforce Alliance, Inc., to negotiate, enter into and execute agreements following the approval of Workforce Alliance, Inc. Board policy as appropriate to carry out the operational and administrative requirements and functions of the strategic plan and for day to day operations. e. Authorization of the said Consortium Director to make purchases in accordance with the procurement and purchasing guidelines approved as a part of the Workforce Alliance, Inc. Administrative Plan filed with the State. Purchases shall include services, supplies, consultant agreements, materials, equipment and leased space. f. Authorization of the said Consortium Director to make and issue policies and procedures as determined by the CEO limitations of the Carver Board Policy Governing model. g. Authorization of the said Consortium Director to make emergency decisions which may include the acceptance or application for grants or the entry into contracts or the expenditure of funds in emergency situations where a meeting of the Consortium and or the Workforce Alliance Inc. as appropriate cannot be called prior to the time that an action must be executed. Such actions shall be placed on the agenda of the next meeting of the Consortium and Workforce Alliance Inc. for ratification by the appropriate entity. All such contract, purchasing and expenditures shall be in accordance with established rules and governing State and federal policies and circulars. 7 h. The manner in which funds shall be disbursed or paid by the administrative entity charged with operating the programs of providing services contemplated by this Agreement which is Workforce Alliance, Inc. i. The acquisition, ownership, custody, operation, maintenance, lease or sale of real or personal property subject to federal and State rules. j.. The disposition, diversion or distribution of any property acquired. k. The composition, membership appointments, and organizational approval of any advisory bodies to the Consortium. I. The manner in which staff shall be employed to carry out and serve Consortium and Workforce Alliance, Inc. objectives. m. The appointment of the Director of the Consortium upon recommendation of Workforce Alliances Inc., and authorization of the Workforce Alliance, Inc. President and CEO to draft personnel rules and policies which shall be approved by the Consortium upon recommendation of the Workforce Alliance Inc. and which shall provide for the hiring of such staff as is necessary to carry out the duties and responsibilities of the Consortium and Workforce Alliance, Inc. The Workforce Alliance, Inc. President and CEO shall be responsible for the hiring and termination of staff in accordance with those policies. Every other year a pay and classification study shall be initiated by the Workforce Alliance, Inc. President and CEO through an independent third party in accordance with purchasing and procurement guidelines or through the Florida Workforce Development Association bi- annual salary survey which shall examine the responsibilities and salaries of the staff to assure that they meet community norms and that they are competitive so as to attract skilled personnel to accomplish the purposes of the Consortium and Workforce Alliance, Inc. il. A committee of Workforce Alliance Inc. may be established to review and make recommendations for staffing, pay and classification studies and benefits for Consortium staff. n. To develop procedures and/or administrative rules to effectively carry out the Consortium's policies and decisions so long as they do not conflict with governing federal and state rules and regulations, and the Workforce Florida Inc. /Agency for Workforce Innovation policies, rules and regulations. o. Any other necessary and proper matters as they may arise and as agreed upon by the Consortium members and member governments. 8 13. SIGNATORY The chair shall act as signatory for the Consortium. In the absence of the chair, any of the other members may sign for the Consortium in the chair's stead. 14. ALL PRIOR AGREEMENTS It is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained In this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 15. AMENDMENT It is agreed that no modification, amendment, or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 16. TERM; TERMINATION This Agreement shall be automatically renewed annually without action of any party. Should any party to this Agreement wish to terminate their participation, a 60 -day written notice shall be provided to all parties hereunder and to the President/CEO of Workforce Alliance, Inc., 326 Fern Street, West Palm Beach FL 33401. Notice must be given in writing sent by Certified United States Mail with Return Receipt Requested. FOR: Board of County Commissioners Palm Beach, Florida Mayor, City of Delray Beach Delray Beach, Florida Mayor, City of Palm Beach Gardens Palm Beach Gardens, Florida Mayor, City of South Bay South Bay, Florida 0 301 North Olive Avenue West Palm Beach, FL 33401 100 NW First Avenue Delray Beach, FL 33444 10500 North Military Trail Palm Beach Garden 33410 335 SW 2nd Ave South Bay, FL 33493 17. CONSTRUCTION This Agreement shall be deemed to be a binding contract and shall be construed in accordance with and governed by the laws of the State of Florida. 18. INVALID PROVISION /SEVERABILITY In the event that any provision of this Agreement or the application of any such provision to any party or circumstances be held invalid or unenforceable or the application of such provision to parties or circumstances be unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. 19. WAIVER OF RIGHTS Any waiver at any time by any party hereto of its rights with respect to any matter arising in connection with this Agreement shall not be considered a waiver with respect to any subsequent default or matter. [The remainder of this page Is Intentionally left blank.] 10 COUNTY OF Palm Beach BY: a DATE: � L ATTEST: 6 CITY DATE: ATTEST: Cl' BY DA AT EXECUTION PAGE [Page 1 of 1] R2047 1220 ADDIE L. GREENE CHAIRPERSON APPR0VE: r.) IF O F 0 R M SID LLICItNCY COUNTY ATTORNEY Corporation Secretary Cin BY: DATI ATTE Z1 ration Secretary ration Secretary Attachment 1 Workforce Alliance, Inc. Board Composition Private Sector Appointed By: Palm Beach County Commission City of South Bay City of Delray Beach City of Palm Beach Gardens Total Private Sector Mandatory Appointments" Organized Labor Department of Children and Families Division of Vocational Rehabilitation Private Degree Granting Institution Private Certificate Granting Institution Former Welfare Participant Community Based Organization Education Total Mandatory 17(85%) 1(5%) 1 (5 %) 1(5%) 20 (57 %)* 3 1 1 1 1 1 4 3 15(43%) Minimum of 51 % required by Federal Law /State Statutes" Mandatory appointments by Federal Law /State Statures" 12 MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Louie Chapman, Jr., City Manager DATE: February 28, 2014 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION ITEM BEFORE COMMISSION This is before the City Commission to approve the list of poll workers for the First Nonpartisan and Special Election (Referendum) to be held on March 11, 2014, and to direct the City Clerk to select a sufficient number of Clerks, Inspectors and Precinct Advisors from the list to work during the election, pursuant to Section 34.02 of the City Code. BACKGROUND The list is attached for your review. RECOMMENDATION Recommend approval of the poll workers list with direction to the City Clerk to select a sufficient number of workers for the municipal election to be held on March 11, 2014. 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GLICKSTEIN, Mayor of the City of Delray Beach, on behalf of the City Commission do hereby proclaim Saturday, March 8, 2014: SIGMA GAMMA RHO SORORITY "YOUTH DA Y°J in the City of Delray Beach and ask our residents to congratulate and recognize the members of Eta Eta Sigma Chapter of Sigma Gamma Rho Sorority, Inc. for their efforts to encourage and guide our youth, and wish them success in 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 4`h day of March, 2014. CARY D. GLICKSTEIN MAYOR WHEREAS, in 1973 Susan Berkowitz - Schwartz MPS, ATR -BC, established All People's Day®, a multicultural and issue based program which recently became a 501(c)3 nonprofit public charity that helps children, adults, and seniors see and embrace the beauty of their diversity through the arts and bring about awareness of the unique attributes in others leading to mutual respect; and WHEREAS, 2014 is the 41" Anniversary of All People's Day®, and WHEREAS, the theme is "Discovering our Connections" because throughout the world, and even in our own nation and schools, there have been tragic incidents against people who are different. All People's Day® addresses this by giving people of all ages and walks of life fun and creative ways to explore positive connections by means of educational programs and festivals that teach about diversity; and WHEREAS, by the year 2050 European Americans will no longer constitute the majority of the United States population and people from different cultures will be interacting with one another more often than ever before; and WHEREAS, the facets to a communal nature of the community are awareness, understanding, and acceptance. NOW THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim March 22, 2014 as: ALL PEOPLE'S DA V' in the City of Delray Beach and urge all residents to appreciate the universal qualities at our core and the differences that help make us individuals. The All People's Day Diversity Festival will be celebrated on March 21" at Pompey Park. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 4s' day of March, 2014. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 27, 2014 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 24, 2014 THROUGH FEBRUARY 28,2014 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of February 24, 2014 through February 28, 2014. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of February 25, 2014 There were no appealable items considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended denial (3 to 2, Jordana Jarjura, Christopher Davey and Clifford Durden voted to deny, and Derline Pierre -Louis and Thuy Shut absent), of privately- initiated amendments to the Future Land Use Element of the Comprehensive Plan, modifying the description of the GC (General Commercial) Future Land Use designation and Policy A -7.2 of the Future Land Use Element to allow an increase in density to a maximum of 24 units per acre, and establish a maximum Floor Area Ratio (FAR) of 0.75 for lands zoned GC (General Commercial) which are located within the Infill Workforce Housing Overlay District. B. Recommended denial (3 to 2, Jordana Jarjura, Christopher Davey and Clifford Durden voted to deny, and Derline Pierre -Louis and Thuy Shut absent), of privately- initiated amendments to the Land Development Regulations that includes amending Section 4.4.9 "General Commercial ", Subsection 4.4.9 (C) "Conditional Uses ", to allow a density up to a maximum of twenty -four (24) units per acre within the Infill Workforce Housing Area; creating Subsection 4.4.9(G)(5) "Infill Workforce Housing Overlay District" to establish a maximum Floor Area Ratio (FAR) of 0.75; amending Article 4.7 "Family/Workforce Housing" Section 4.7.1 "Definitions" Subsection 4.7.1.1 "Infill Workforce Housing Area " and Section 4.7.4(g) to specify the maximum allowable density of 24 units per acre within the General Commercial zoning district. C. Recommended denial (3 to 2, Jordana Jarjura, Christopher Davey and Clifford Durden voted to deny, and Derline Pierre -Louis and Thuy Shut absent), of a privately- initiated amendment to the Land Development Regulations to Section 4.4.24 "Old School Square Historic Arts District" Subsection (B) "Principal Uses and Structures ", Subsection (C) "Accessory Uses and Structures Permitted ", and Subsection (F) "Development Standards" to include Lots 16 -18, Block 69, Lots 11 -12, the North half of Lot 13, and Lots 23 -25 Block 70, Town of Delray, to the list of lots within the Old School Square Historic Arts District (OSSHAD) zoning district that can be developed pursuant to the development standards and uses of the CBD (Central Business District) zoning district. Site Plan Review and Appearance Board Meeting of February 26, 2014 1. Approved (7 to 0), a request for a color change associated with changing the fabric color of an existing awning for 501 East Atlantic, located on the north side of East Atlantic Avenue, just east of NE 5th Avenue. 2. Approved (7 to 0), a request for a color change for an existing commercial building for Vintage Tap, located on the south side of West Atlantic Avenue, west of SW 5th Avenue (524 West Atlantic Avenue). 3. Tabled (7 to 0), a Class I site plan modification associated with the installation of a mural affixed to a window along the west building elevation for Mussel Beach, an existing restaurant located at the northeast corner of East Atlantic Avenue and NE 5th Avenue (501 East Atlantic Avenue). 4. Approved with conditions (4 to 3, James Knight, Terra Spero and Rustem Kupi dissenting), a Class III site plan modification and landscape plan (7 to 0), associated with the conversion of an existing commercial building from retail to medical office for 440 SE 5th Avenue (Lifestyles Building), located at the northwest corner of SE 5th Avenue and SE 5th Street. 5. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the conversion of two existing automotive service bays to retail for Chevron Gas Station, located at the northeast corner of SE 6th Avenue and SE 5th Street (445 SE 6th Avenue). RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY V COMMISSION MEETING APPEALABLE ITEMS LOCATION MAP MARCH 4, 2014 -- -- CITYLIMITS "' ONE MILE PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT SPRAB: 1. 501 E. ATLANTIC AVENUE 4. 440 SE 5TH AVENUE (LIFESTYLES BUILDING) 2. VINTAGE TAP 5. CHEVRON GAS STATION 3. MUSSEL BEACH -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DDC \3 -4 -14 MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Maintenance Superintendent Jim Schmitz, Deputy Director of Public Works Randal Krejcarek, P.E., Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: February 25, 2014 SUBJECT: AGENDA ITEM 8.H.1 - REGULAR COMMISSION MEETING OF MARCH 4,201 PURCHASE AWARD/ TEN -8 FIRE EQUIPMENT ITEM BEFORE COMMISSION This item is before the Commission to approve a purchase award to Ten -8 Fire Equipment Inc. in an amount not to exceed $50,000 for the purchase of Pierce Truck parts and outside services. BACKGROUND In accordance with Purchasing Ordinance No. 29 -13, Chapter 36, Section 36.02(c) (6) (a), City Commission approval is requested to award the purchase of parts, and repairs of Fire Rescue Fire Apparatus Pumper and Ladder Trucks to Ten -8 Fire Equipment as a sole source vendor. Ten -8 Fire Equipment is the only authorized Pierce Fire Truck dealer in the state of Florida. During the 2013 fiscal year, the City of Delray Beach spent approximately $47,237 with Ten -8 Fire Equipment for Pierce Fire Truck parts and services; this fiscal year to date, approximately $17,834 has already been spent. Delray Beach Fire Rescue currently has ten (10) Pierce Fire Trucks within their department. Due to the department soon reaching the $25,000 threshold, Section 36.03 (b) of the purchasing ordinance requires City Commission approval for an increased level of spending. FUNDING SOURCE Funding is available from 501- 3311 -591 -52.50 (Garage Fund: Operating Supplies /External Parts) and 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies /City Garage — Outside Service). RECOMMENDATION Staff recommends approval of the purchase award to Ten -8 Fire Equipment Inc. in an amount not to exceed $50,000 for the purchase of Pierce Truck parts and outside services. H H a y'1 E'1 H H U x z O L7a O r4; 0 cx FT z 0 H Cl7 � � m f1r � e �w 01 C 41 Ol O1 41 01 Ol � I z \ rn \ 0 01 01 •?'I \ O O1 v z \ O1 \ 61 61 �✓IYi rn E-I fst n• z z n 0 d' N IY1 r o o c17 a H o O oo r�l ay En• Cl. Z N o 0 E Irrz-nq Ei �!J A' [4 O S W I—I Fx V • z 1-� ITj �1 1 a mmN z 0 rx - 4 0 O cn z C4 ca Q � z > z a� o rx w !47 H P4 ix;x zzz o P4 w N U ° w w x i'-i Qty >1 }1 W fx z w >� E-1 U a A as H 04 a H x ri M H 1 zEa t mHLf! 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O i C) t. I N 'dv co co W ql 0) W co co Ip rq Hi ri 1-I 00 W ri M m co W 00 ro co co W 0-1 rl rl r{ r-I rl m rI r q,-4 W 1D W ri Ln V1 V ri rI ,H rH rf 0,0>,IZ U1 hhrf rlMNm(Dl OI Ln MMmM r, M M O O N N N N N N N Ln VI V VId, Wri0 V1 V1 O P 0,1, 05V, V,;I, 44i q, V, GxO4j t Lil E 1 mCMOOWWWWWIDW Coco WNHMMMOOOOOPahHHriHNVlMri riHV'V VHhHH,- {rirlriH R$P:-ri S' FZ` I hNNNrI rIHHHHHr -I riHHrIHNNr- Ir•iHHHHHPr-i ri ,- iHHHNHHr- IOOOHOOgri ri riHH PI Pr U 1 PQ I O O O O P O O O o o O P O O 0 0 0 0 0 0 0 0 0 0 0 0 0 g O a 0 0 0 0 0 q p a p O 0 0 0 q p Q 0 0 PIERCE MANUFACTURING INC. •:h'r „�t;rKn} �9C +: Cnn'. p;+nrcNCGA�!.h�41. ESQ SR�OI <<.Y'� :rrn 2600 ANIF,.RICAN DRIVE POST OFFICE BOX 2.017 APPI-ETOIA, WISCONSIN 54912-2017 920- 832 -3000 - FAX 920 -832 -3208 Dear Valued Customer, xb� t `' i •�;. � to 1:. li 1 An Oshkosh Truck Corporation Company 02/01K4 Since 1917, Pierce Manufacturing has provided the finest fire apparatus in the industry. The quality of our products and services are our number one priority. In order to provide you with the personalized level of service you deserve, Pierce Manufacturing has authorized dealers throughout the country. Ten -8 is the Pierce authorized dealership in Florida and Georgia. They are the sole source for Pierce parts in these states. Ten -8 is also extremely qualified to provide you with the service you have come to expect from Pierce Manufacturing, Inc. Ten -8 is also the authorized sole source distributor for after - market service and support for the MedTec ambulance product line. Please contact them directly for any requests concerning the Pierce product line or MedTec. If you have any questions or concerns regarding this or any other issue, please call us at 1- 888- YPIERCE. Regards, 1 1 Kristina Spang Customer Service and Procurement Manager Pierce Manufacturing, Inc. An Oshkosh Corporation Company * ISO Certified MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER MARK MCDONNELL, AICP, INTERIM DIRECTOR OF PLANNING AND ZONING DATE: February 18, 2014 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 WAIVER REQUEST/ S & H EXXON ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a waiver to LDR Section 4.6.18 (13)(14)(iv) (2), to allow a minimum transparency or glass surface area on the ground floor along NE 4th Street of 53.4% whereas 75% is required for S &H Exxon located at 206 NE 4th Street. BACKGROUND WAIVER ANALYSIS Minimum 75% Ground Level Glass Surface Area Pursuant to LDR Section 4.6.18 (13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. A waiver has been requested to reduce the glass transparency area from 75% to 53.4% along the NE 4th Street facade (see waiver discussion below): 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. In support of the waiver the applicant has provided the following justification: "There are three Spanish tile mansard roof levels on the NE 4th St. facade. The high roof side (eastern 70% of facade) has two (2) mansard elevations. The ground level wall area (below the lowest mansard) is 434 SF. The proposed surface glass area is 232 SF or 53.4% which is less than the 75% required. The low roof side (western 30% of facade) has one (1) mansard elevation. The ground level wall area is 189 SF. The proposed surface glass area is 149 SF or 79% which is slightly more than the 75% required. To add more glass between the two roof levels on the eastern portion exposes the steel roof structure to public view and would detract from the overall appearance of the building. Removing additional sections of front wall would require extensive structural work on the existing building. Kindly review the proposed architectural elevations and consider granting a waiver to the transparency requirement for this unique circumstance. " A 75% minimum transparency or glass surface area is required along NE 2nd Avenue and NE 4th Street. The existing conditions along NE 2nd Avenue do meet the required transparency area. However, since no architectural elevation changes are proposed for the west elevation this is considered an existing nonconformity. Consequently, with the removal of the three (3) bay doors from the north elevation along NE 4th Street this allows for the opportunity to install up to 75% glass transparency area or more to accommodate the convenience store expansion. The existing glass transparency area is zero percent (0 %) where the doors currently exist. The applicant has proposed 53.4% transparent glass in place of the roll down doors which is a significant improvement to the existing conditions. With the facade being setback more than sixty -five feet (65') from the NE 4th Street right -of -way, pedestrians will have limited visibility from the public sidewalk and this is the expressed purpose of the transparency requirement. As such, shopping opportunities are likely to be limited to patrons of the gasoline station. In such case, the north facade as currently designed appears inviting to customers and has a quaint aesthetic appeal. Since the applicant has offered a pedestrian friendly design which will be inviting to customers, the waiver can be supported. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances, and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS On February 12, 2014, the Site Plan Review and Appearance Board (SPRAB) unanimously recommended approval to the City Commission of the waiver request to LDR Section 4.6.18(B)(14) (iv)(2), to reduce the minimum transparency or glass surface area on the ground floor along NE 4th Street to 53.4% whereas a minimum of 75% is required, based upon positive findings with respect to LDR Section 2.4.7(B)(5) by a vote of 7 -0. RECOMMENDATION By motion, approve the waiver to reduce the 75% transparency requirement to 53.4% along NE 4th Street for S &H Exxon located at 206 NE 4th Street. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR S &H EXXON LOCATED AT 206 NE 4T" STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests for S &H Exxon located at 206 NE 4t" Street has come before the City Commission on March 4, 2014 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for S &H Exxon located at 206 NE 4t" Street. All of the evidence is a part of the record in this case. 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. Pursuant to LDR 4.6.16(H)(3)(i), terminal landscape islands are required to be located at the end of each parking row and have a minimum width of nine feet (9') and a depth of fifteen feet (15') for a total of one hundred thirty - five (135) sq. ft. A waiver has been requested to eliminate the requirement for the terminal landscape islands on either side of the proposed single handicap space. Similarly, the applicant proposed to reduce the width of the landscape island on the northernmost end of the proposed six -space parking row from nine feet (9') to five feet four inches (54 "). Should the waiver to Section 4.6.16(H)(3)(i) to allow for the elimination of terminal landscape islands on either side of the handicapped parking space and to reduce the width of the landscape island on the northernmost end of the proposed six -space parking row from 9 feet to 5'4" be granted? Yes No B. Pursuant to LDR Section 4.6.16 (H)(3)(d), a landscape barrier shall be located between the common lot line and the off - street parking area or other vehicular use area in a planting strip of not less than five foot (5') in width. A waiver has been requested to reduce the landscape barrier from five feet (5') to three feet (3') to accommodate a two foot (2') alley r.o.w. dedication required for the site. Should the waiver to Section 4.6.16(H)(3)(d) to reduce the landscape barrier from 5' to 3' be granted? Yes No C. Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. A waiver has been requested to reduce the glass transparency area from 75% to 53.4% along the NE 4t" Street facade. Should the waiver to Section 4.6.18(B)(14)(iv)(2) to reduce the glass transparency area from 75% to 53.4% along the NE 4t" Street facade 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 waivers and hereby adopts this Order this 4th day of February, 2014, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Cary D. Glickstein, Mayor SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT-- - MEETING DATE: February 12, 2014 ITEM: Class III Site Plan modification to allow interior conversion of three (3) existing automotive service bays to retail use for expansion of the existing convenience store associated with the existing S & H Exxon gasoline station GENERAL DATA: Applicant . ............................... Andrew Hrenick (Maxaluna, Inc.) a Owner ...... ............................... Maxaluna, Inc. Agent ..... ............................... Paul Lingerfeldt (MDM Services, Inc.) Location ....... ............................... At the southeast corner of NE 2nd Avenue and NE 4th Street Property Size.. ...... ..................... 0.324 acres Existing FLUM ............................ CC (Central Core) Proposed FLUM ......................... No Change Existing Zoning........ Proposed Zoning..... Adjacent Zoning........... ..... CBD (Central Business District) ......... No Change North: RO (Residential Office) East: CBD -RC (Central Business District — Railroad Corridor) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ...................... Gas Station With Convenience Store Proposed Land Use .................... No Change Water Service ......................... Existing on -site Sewer Service ........................ Existing on -site 1ST I ITE BEFORE THE;BOARD The action before the Board is to approve a Class III Site Plan modification request to allow conversion of three (3) existing automotive service bays to retail use for interior expansion of the existing convenience store for the gas station, pursuant to LDR Section 2.4.5(G)(1)(c). ® Site Plan; 0 Landscape Plan; 71 Architectural Elevations; and, Cf Waiver Requests The site is located at the southeast corner of NE 2 d Ave. and NE 4th Street (206 NE 4th St.). BACKGROUND. !. The property consists of 0.324 acres and contains an existing 1,830 sq. ft. gas station. The service station was constructed in 1967 in the CBD (Central Business District). It currently lies within the Pineapple Grove Main Street (PGMS) district. The request now before the Board is approval of a Class III Site Plan modification to allow conversion of three (3) automotive service bays to retail use for expansion of the existing convenience store. On January 27, 2014 the Planning & Zoning Board considered and approved the conditional use minor modification request to allow conversion of the three (3) existing service bays to retail use for expansion of the existing S & H Exxon convenience store. The approval was made with the following conditions: 1. In association with subsequent processing and approval of a Class Ill Site Plan application, the following items shall be addressed: a. The first parking space adjacent to the NE 4th Street (Lake Ida Road) right -of- way shall be designated for "Employees Only ". Modify plans to demonstrate compliance, prior to site plan certification. b. Install a bicycle rack on the property. Indicate the proposed location on the site plan, landscape plan and civil plans for consistency. c. Calculate and specify in a site data chart the percent of transparency or glass surface area provided on the ground level. If less than 75 %, modify plans to comply or request a waiver and provide the $150 processing fee and justification statement. d. The existing 37'11" drive aisle along NE 4th Street is noncompliant. While this is an existing nonconformity, reduce the driveway width to no more than thirty -six feet (36') and convert no less than 1'11" to landscape area. e. Reduce the width of the both driveways near the intersection to be no closer than twenty -five feet (25') from the ultimate right -of -way lines. f. Provide a photometric plan which complies with LDR Section 4.6.8. g. Process a new deed indicating a 2' alley right -of -way dedication to be approved by the City Commission and recorded with Palm Beach County. SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class III Site Plan Modification Pape 2 h. A twenty foot (20') corner clip right -of -way dedication is required. Subsequent processing and approval of a new deed indicating the right -of -way dedication shall be approved. by the City Commission and recorded with Palm Beach County. Landscape islands are required to have a minimum width of nine feet (9'), exclusive of curbing with a minimum planting area of one hundred and thirty - five square feet (135 sq. ft.). The proposed landscape island in the northeast corner of the site (about 5'4" wide) does not appear to meet this requirement. Likewise, the south end of this parking row does not meet the minimum dimensions. Also, the single proposed handicap space should have terminal landscape islands. Make plan modifications to comply or request a waiver and provided the $150 processing fee and justification statement. Revise the traffic statement to reflect new vehicle trips generated during AM, PM and off peak hours, in addition to estimated daily trips (ADT). This must be estimated for an accurate traffic concurrency determination. Provide the City of Delray Beach a revised copy of the traffic study which meets these specifications. k. A CPTED review which considers the crime statistics (i.e. GRID Report) for the site shall be provided for full disclosure to the reviewing Boards. The aforementioned conditions a., d. and e., have been met with the provision of revised plans. Conditions c. and i., are addressed with requested waivers to be discussed later in this report. However, conditions b., f., g., h., j. and k., remain outstanding and will be attached as conditions of approval for the site plan. The associated Class III Site Plan Modification to convert the three (3) existing automotive service bays to retail use for interior expansion of the existing convenience store for the gasoline station (S & H Exxon), is now before the Board for approval. P1�JT DE.CRIRTICN .......: The development proposal incorporates the following: ❑ Conversion of three (3) existing automotive service bays to expand the existing convenience store (i.e. retail use); ❑ Installation and upgrade of associated on -site landscaping; ❑ Resurfacing and restriping of the existing parking lot; ❑ Provision of new landscape nodes and islands. The proposal also includes the following three (3) waiver requests: O 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 shall be a minimum of seventy -five percent (75 %); 71 A waiver to LDR Section 4.6.16(H)(3)(d) which requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area; and, I SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class Ill Site Plan Modification Page 3 O A waiver to LDR 4.6.16(H)(3)(i) which requires terminal landscape islands to be located at the end of each parking row and have a minimum width of nine (9) feet and depth of fifteen feet (15') for a total of 135 sq. ft. MITE: PLAN`�ANALYSIS I` LDR Section 4.3.4(K): Development Standards Matrix — Nonresidential Zoning Districts The following table indicates that the existing building for the proposed development does not comply with LDR Section 4.3.4(K) Central Business District (CBD) zoning district design guidelines for minimum building height and setbacks along street frontages (as indicated in the table below in bold face type). These conditions are considered nonconforming and will not be further impacted by the redevelopment of the site. It is noted that the applicant is eliminating an existing 128 sq. ft. storage addition in the rear which encroaches into the required 10' rear setback. Similarly, the applicant is increasing the open space from 5% to 8 %, whereas no open space is required. However, it should be noted that a sidewalk connector should be constructed at the southwest corner of the building to connect to the new emergency exit door proposed on the south elevation. Doing so, will slightly reduce the proposed landscaping, but will not make the site noncompliant with respect to open space. This minor hardscape modification is attached as a condition of approval. LDR Article 4.6 — Supplemental District Regulations: One (1) Parking Space Exemption: Pursuant to LDR Section 4.4.13(G)(1)(b), when the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one (1) new parking space, then a one (1) space exemption shall be allowed. This exemption may occur only once per property. Since the S & H Exxon conversion of use to expand the existing convenience store qualifies for the once (1) space exemption, it shall be applied. Parking: Pursuant to LDR Section 4.6.9.C.3.b., convenience stores associated with gasoline sales shall provide 4.5 spaces per 1,000 square feet of gross floor area of the convenience store and any (Min./Max.) Standard: Required: Existing: Proposed: Building Height: 25' min. 148' max. 16'0" 16'0" Building Setbacks: Front (north) 5' min. 15'0" 15'0" - frontage_... 70% min. 190% max. 10' max. 0'0"(0%) 0'0-(0%) - remaining length 10% min. 130% max. 15' min. 135.10'(100%) 135.10' (100 %) Rear (south) 10' 2'0" 10'0" Side Interior east 0' 14'0" 14'0" Side Street (west) 0' 57'0" 57'0" Open Space: 0% 5% 8% It is noted that the applicant is eliminating an existing 128 sq. ft. storage addition in the rear which encroaches into the required 10' rear setback. Similarly, the applicant is increasing the open space from 5% to 8 %, whereas no open space is required. However, it should be noted that a sidewalk connector should be constructed at the southwest corner of the building to connect to the new emergency exit door proposed on the south elevation. Doing so, will slightly reduce the proposed landscaping, but will not make the site noncompliant with respect to open space. This minor hardscape modification is attached as a condition of approval. LDR Article 4.6 — Supplemental District Regulations: One (1) Parking Space Exemption: Pursuant to LDR Section 4.4.13(G)(1)(b), when the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one (1) new parking space, then a one (1) space exemption shall be allowed. This exemption may occur only once per property. Since the S & H Exxon conversion of use to expand the existing convenience store qualifies for the once (1) space exemption, it shall be applied. Parking: Pursuant to LDR Section 4.6.9.C.3.b., convenience stores associated with gasoline sales shall provide 4.5 spaces per 1,000 square feet of gross floor area of the convenience store and any SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class III Site Plan Modification Paoe 4 kiosk or cashier station. The existing convenience store is 1,830 sq. ft. The current required parking for the site is eight (8) spaces. There are seven (7) spaces currently existing on -site, which is an existing nonconformity with respect to parking. The current plans retain the seven (7) parking spaces. The site should be eligible for a one (1) parking space exemption, pursuant to LDR Section 4,4.13(G)(1)(b). Thus, this standard will be met with the application of the one (1) space parking exemption which has not been utilized to date for the subject site. Drive Aisle Widths: Per LDR Section 4.6.9.D.3.a & b., the maximum allowable width at the point of access to a street is thirty -six feet (36') and the minimum is twenty -four feet (24'). The existing 37'11" drive aisle along NE 4th Street is noncompliant_ The driveway has been reduced to no more than thirty feet (30'). Thus, this standard is met. Drive Aisle Distance from Ma'or Intersections: Pursuant to LDR Section 6.1 A.C.3.b.1., no driveway shall be located within twenty -five feet (26) of the street intersection. The existing distance from both driveways to the property lines at the intersection of Lake Ida Road (NE 4th Street) and Pineapple Grove Way (NE 2nd Street) does not meet this requirement. However, with the proposed on -site improvements, the distance of both driveways from the intersection will be no closer than twenty -five feet (25'). Thus, this standard is met. Right- of -Wav Dedications: On December 5, 2013, the DSMG (Development Services Management Group) determined that a two foot (2') alleyway right -of -way dedication is required. Subsequent processing and approval of a new deed indicating the right -of -way dedication shall be approved by the City Commission and recorded with Palm Beach County. Proposed plans shall be revised to reflect the two foot (2') alley right -of -way dedication and the property line and all required building setbacks shall be shifted to the west by two feet (2') to demonstrate compliance. This is a condition of approval. A twenty -five foot (25') right -of -way (from the centerline) exists along NE 4th St., whereas a total of eighty feet (80') of right -of -way is required for a County Collector. On December 12, 2013, the DSMG (Development Services Management Group) determined that a fifteen foot (15') right -of -way dedication is not required along NE 4th St. On December 5, 2013, the DSMG (Development Services Management Group) determined that the existing twenty -five feet (25) of right -of -way along NE 2nd Ave. is sufficient. Thus, dedication of additional right -of -way is not required and no further action is deemed necessary. On December 5, 2013, the DSMG (Development Services Management Group) determined that a twenty foot (20') corner clip right -of -way dedication is required. Pursuant to LDR Section 5.3.1.D.3., all intersections in the CBD must comply. The corner clip must be dedicated at the intersection of NE 2nd Ave. and NE 4th St. which allows for the existing sidewalk to be contained within the public right -of -way. Proposed plans reflect the twenty foot (20') right -of -way dedication for the corner clip at the road intersection and the property line and all required building /structural setbacks are shifted accordingly by twenty feet (20') to demonstrate compliance. Subsequent processing and approval of a new deed indicating the right -of -way dedication shall be approved by the City Commission and recorded with Palm Beach County. This is a condition of approval. SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class III Site Plan Modification Paqe 5 Lighting ;LDR Section 4.6.81: A photometric plan must be provided which meets the requirements of LDR Section 4.6.8 and illustrates the proposed improvements to the site. A proposed photometric plan has been provided. The photometric plan illustrates the proposed improvements and reflects a maximum foot candle illumination of 61.0 and a minimum foot candle illumination of 0.10 for the site. These lighting conditions do not reflect compliance with the land development regulations. The photometric plan must be revised to show proposed improvements, inclusive of LDR compliant free - standing and wall - mounted light fixtures for the site, The revised photometric plan must demonstrate a maximum foot candle allowance for the site of 12.0 and a minimum foot candle allowance of 1.0, per the LDR requirements. The maximum height for freestanding light poles is twenty -five feet (25). This is attached as a condition of approval. Upon provision of the revised photometric plan meeting the aforementioned conditions, this standard will be met. Site Plan Technical Items: While revised plans have accommodated most of staffs concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: 1. Provide a proposed photometric plan which complies with LDR Section 4.6.8. 2. Process a new deed indicating a 2' alley right -of -way dedication to be approved by the City Commission and recorded with Palm Beach County. 3. A twenty foot (20') corner clip right -of -way dedication is required. Subsequent processing and approval of a new deed indicating the right -of -way dedication shall be approved by the City Commission and recorded with Palm Beach County. 4. Provide the City of Delray Beach a copy of the traffic concurrency determination letter issued by the Palm Beach County Traffic Division. A positive finding of concurrency is required prior to site plan certification. 5. A CPTED review which considers the crime statistics (i.e. GRID Report) for the site shall be provided for Board consideration. 6. The bicycle rack shall not be located within any required setback area and shall be along a pedestrian path easily accessible to the front entry of the building. The proposed location does not meet these requirements. 7. Add a sidewalk connector at the southwest corner of the building to connect to the new emergency exit door proposed on the south elevation. Currently, only landscaping exists and there is no clear pedestrian access pathway. Adjust landscaping totals accordingly. WAIN" R,S Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion - -Class III &te Plan Modification Paae 6 Analysis of Waiver #1: Nine Foot (9') WideTerminal Landscape Islands Pursuant to LDR 4.6.16(H)(3)(i) which requires terminal landscape islands to be located at the end of each parking row and have a minimum width of nine (9) feet and depth of fifteen feet (15') for a total of 135 sq. ft. A waiver has been requested to eliminate the requirement for the terminal landscape islands on either side of the proposed single handicap space. Similarly, the applicant proposed to reduce the width of the landscape island on the northernmost end of the proposed six -space parking row from nine feet (9) to five feet four inches (54 "). The applicant has provided the following verbatim justification statement regarding the waiver request: "The current parking lot has no clearly defined parking spaces, although most all parked cars are located along the east side of the property near the alley. In order to meet the minimum parking requirement of 7 spaces, exercising the one -time parking exemption, the 9 foot landscaped islands on each end of striped parking spaces had to be reduced to 5'4" Please note that no landscaped parking islands currently exist and that the proposed island widths conform with the previous landscape code requirements. There is also no proposed landscape island next to the handicapped parking space on the west side of the building. Immediately west of this space are the underground fuel storage tanks and the surface manholes must be surrounded by the concrete slab which currently exists. A landscape island cannot be installed in this location. Please note that the proposed green area exceeds what is currently on the property and the proposed landscaping plans show significant upgrades" The development proposal increases the existing open space from 5% existing to a proposed 8% for the overall site. Reduced width landscape islands and perimeter landscape buffers have been added whereas pavement currently exists. This is a significant environmental and aesthetic improvement to the site. Staff welcomes the proposed changes, especially since there is no open space requirement for the subject site. As such, the waiver can be supported. These changes will have a positive impact on the surrounding properties. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Analysis of Waiver #2, Landscape Strip Separating Vehicle Use Area Pursuant to LDR Section 4.6.16 (H)(3)(d), a landscape barrier shall be located between the common lot line and the off - street parking area or other vehicular use area in a planting strip of not less than five foot (5} in width. A waiver has been requested to reduce the landscape barrier from five feet (5) to three feet (3') to accommodate a two foot (2) alley r.o.w. dedication required for the site. The applicant has provided the following verbatim justification statement regarding the waiver request: "The original landscape plan allowed for the required 5 foot strip but pursuant to another condition for approval a two (2) foot strip running the length of the east property line must be dedicated to the City for alley expansion. That left only 3 feet remaining. This 3 feet could not be expanded to the west 2 additional feet to allow for the 5 foot requirement without impacting the required parking and the access in and out of the eastern -most driveway on NE 4th St. Please note that currently there is no landscape strip on the east property line, only asphalt. The addition of this 3 foot strip, although less than required, still creates a much better condition and appearance than currently exists. Please also note that the overall SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class III Site Plan Modification Page 7 green area proposed exceeds what currently exists today and that the proposed landscaping plans show significant upgrades." Were it not for the required two foot (2') alley dedication, the proposed site design would meet the minimum landscape buffer requirement. It is noted that the site exceeds the minimum required open space (0 %) for the CBD area. Therefore, additional landscaping is not required. Similarly, there is less need for the aesthetic appeal (i.e. perimeter landscaping) along the alley as opposed to the streetscape along NE 4th Street and NE 2nd Avenue. The reduction of the five foot (5) buffer down to 3'0" will not negatively impact the neighboring areas or create an unsafe situation. In such case, a waiver to this requirement is supportable. Such waivers were also supported and approved in association with similar circumstances where right -of -way dedications were required (i.e. Krystal Kleen Coin Laundry, Sofa Building #1 and 362 NE 3rd Avenue Parking Lot). Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2,4.7(8)(5). Analysis of Waiver #3: 75% Glass Transparency Area on Ground Floor in CBD Pursuant to LDR Section 4.6.18 (B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non - residential buildings shall be a minimum of 75 %. A waiver has been requested to reduce the glass transparency area from 75% to 53.4% along the NE 4th Street facade. The applicant has provided the following verbatim justification statement regarding the waiver request: "There are three Spanish the mansard roof levels on the NE 4th St. facade. The high roof side (eastern 70% of facade) has two (2) mansard elevations. The ground level wall area (below the lowest mansard) is 434 SF. The proposed surface glass area is 232 SF or 53.4% which is less than the 75% required. The low roof side (western 30% of facade) has one (1) mansard elevation. The ground level wall area is 189 SF The proposed surface glass area is 949 SF or 79% which is slightly more than the 75% required. To add more glass between the two roof levels on the eastern portion exposes the steel roof structure to public view and would detract from the overall appearance of the building. Removing additional sections of front wall would require extensive structural work on the existing building. Kindly review the proposed architectural elevations and consider granting a waiver to the transparency requirement for this unique circumstance. " A 75% minimum transparency or glass surface area is required along NE 2nd Avenue and NE 4th Street. The existing conditions along NE 2nd Avenue do meet the required transparency area. However, since no architectural elevation changes are proposed for the west elevation this is considered an existing nonconformity. Consequently, with the removal of the three (3) bay doors from the north elevation along NE 4th Street this allows for the opportunity to install up to 75% glass transparency area or more to accommodate the convenience store expansion. The existing glass transparency area is zero percent (0 %) where the doors currently exist. The applicant has proposed 53.4% transparent glass in place of the roll down doors which is a significant improvement to the existing conditions. With the facade being setback more than sixty -five feet (65') from the NE 4tr Street right -of -way, pedestrians will have limited visibility from the public sidewalk and this is the expressed purpose of the transparency requirement. As such, shopping opportunities are likely to be limited to patrons of the gasoline station. In such SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class Ill Site Plan Modification Paqe 8 case, the north fagade as currently designed appears inviting to customers and has a quaint aesthetic appeal. Since the applicant has offered a pedestrian friendly design which will be inviting to customers, the waiver can be supported. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances, and therefore will not result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REQUIRED,:`FIND[NGS, REQUIRED FINDINGS: (Chapter 3): Pursuant to 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 the following four, areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core), and a zoning designation of CBD (Central Business District). The CBD zoning is consistent with the Commercial Core FLUM designation. The primary use is that of a "gasoline station ", which is listed as a Conditional Use in the CBD district per LDR Section 4.4.13 (D)(5). Therefore, a positive finding with this section can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is to expand an existing convenience store associated with an established gasoline station. As described in Appendix "A ", a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policies were found: 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. The property will maintain its primary use which is the gas station. However, it will convert three (3) existing automotive service bays to retail use for expansion of the existing convenience store. This conversion eliminates three (3) automotive service and repair bays, which are less SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion -w Class Ill Site Plan Modification Page 9 compatible with adjacent land uses. Therefore, the expansion of the convenience store will complement adjacent commercial land uses. Trans ortation Element - Policy A -6.2: The approval of a modification to an existing site development plan and/or conditional use shall be conditioned upon the upgrading of its points of access to meet adopted standards. The maximum allowable width at the point of access to a street is thirty -six feet (36') and the minimum is twenty -four feet (24'). The existing 37'11" drive aisle along NE 4th Street is noncompliant. While this is an existing nonconformity, the driveway must be narrowed to no more than thirty -six feet (36'), and convert no less than 1'11" to landscape area, in association with a subsequent Class III Site Plan modification application. This will reduce excessive driveway widths to meet the maximum LDR requirements of thirty -six feet (36'), per LDR Section 4.6.9.D.3.a & b. This is a recommended condition of approval. Upon meeting this requirement, the development proposal will be consistent with the Transportation Element of the Comprehensive Plan and associated policies. No driveway shall be located within twenty -five feet (25') of the street intersection. At the intersection of Lake Ida Road (NE 4th Street) and Pineapple Grove Way (NE 2nd Street), twenty - five feet (25') is not provided between the ultimate right -of -way lines and the driveways along both street frontages. This appears to be an existing nonconformity. However, with the proposed on -site improvements, the distance of both driveways from the intersection will be no closer than twenty -five feet (25'), pursuant to LDR Section 6.1.4.C.3.b.1. This is a recommended condition of approval. Upon meeting this requirement, the development proposal will be consistent with the Transportation Element of the Comprehensive Plan and associated policies. 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 (Transportation Concurrency Exception Area). The site plan shall include the installation of a bicycle rack for patrons who may frequent the expanded convenience store. Provision of an on -site bicycle rack is a condition of approval. As the project is located within the TCEA, this requirement is deemed necessary. Upon meeting this requirement, the development proposal will be consistent with the Transportation Element of the Comprehensive Plan and associated policies. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS (LDRs): Items identified in the Land Development Regulations shall specifically be addressed by the body flaking final action on the site and development applicationlrequest. As described under the Site Plan Analysis section 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. LDR Section 2.4.5(F)(5) - Compatibility Site Plan Findings) : The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following zoning designations and uses are abutting the subject property: Zoning Designation: Use: North: RO (Residential Office) Multi- Family Residential SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class III Site Plan Modification Page 10 The subject property is surrounded by CBD (Central Business District) zoning to the south and west. To the north across Lake Ida Road is multi - family residential apartment building. To the east is an unoccupied commercial office building. The existing gas station use is established. The expansion of the convenience store is a more compatible use than the existing three (3) automotive service bays. The proposed change of use will be compatible with the surrounding land uses. Thus, a finding can be made that the use will not have a detrimental effect upon the stability of the downtown, nor will it hinder the development or redevelopment of nearby properties. LAN SCAP PLAN ANALYSIS Pursuant to LDR section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). The provided Landscape Plan proposes installation of Silver Buttonwood trees in the landscape islands and Red Tip and Crape Myrtle ground cover along the alley. Cabbage Palms will be installed in the rear of the building to buffer the property to the south. Evergreen Giant, along with Cabbage Palm, Red Tip and Silver Buttonwood are also proposed along the south property line providing a buffer between the handicap parking row and the parcel boundary line. Green Island Fir-us and Glaucous Cassia are proposed along the NE 2nd Avenue frontage. Bougainvillea Bush and Cabbage Palm are proposed in the landscape island at the intersection of NE 4th Street and NE 2n6 Avenue and along NE 4th Street. The landscape plan was evaluated by the City Senior Landscape Planner and the following technical comments were provided. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification, unless otherwise indicated: 1. The proposed improvements require the submission of a landscape plan that is signed and sealed by a Registered Landscape Architect (RLA). This plan shall demonstrate full compliance with our current landscape code. Photocopies are not acceptable. 2_ Include an Existing Tree Survey documenting all existing trees with a caliper of 4" or greater. Show a head legend that references each tree including a unique reference number, both botanical and common names, caliper, height and spread, current condition and proposed action (to remain, remove or relocate). All invasive plant material and those that are in poor condition shall be removed from the site. 3. The existing landscape is in need of a complete makeover. Remove all of the existing material except for the existing Cassia in the island adjacent to NE 2nd Ave. Phoenix Dactylifera 'Medjool' palms or Phoenix Sylvestris should be used within the intersection of NE 2nd Ave and NE 4th Street and/or within the island adjacent to NE 4th Street. This would create much needed symmetry between the existing landscaping on the west side of NE 2nd Avenue and the proposed plantings for the NE 2 d Avenue beautification project that is proposed for next year. 4. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed South. CBD Central Business District) Commercial Parking Lot East: CBD -RC Central Business District -- Railroad Corridor) Commercial Office Buildings West: CBD (Central Business District) Cannery Row Townhomes The subject property is surrounded by CBD (Central Business District) zoning to the south and west. To the north across Lake Ida Road is multi - family residential apartment building. To the east is an unoccupied commercial office building. The existing gas station use is established. The expansion of the convenience store is a more compatible use than the existing three (3) automotive service bays. The proposed change of use will be compatible with the surrounding land uses. Thus, a finding can be made that the use will not have a detrimental effect upon the stability of the downtown, nor will it hinder the development or redevelopment of nearby properties. LAN SCAP PLAN ANALYSIS Pursuant to LDR section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). The provided Landscape Plan proposes installation of Silver Buttonwood trees in the landscape islands and Red Tip and Crape Myrtle ground cover along the alley. Cabbage Palms will be installed in the rear of the building to buffer the property to the south. Evergreen Giant, along with Cabbage Palm, Red Tip and Silver Buttonwood are also proposed along the south property line providing a buffer between the handicap parking row and the parcel boundary line. Green Island Fir-us and Glaucous Cassia are proposed along the NE 2nd Avenue frontage. Bougainvillea Bush and Cabbage Palm are proposed in the landscape island at the intersection of NE 4th Street and NE 2n6 Avenue and along NE 4th Street. The landscape plan was evaluated by the City Senior Landscape Planner and the following technical comments were provided. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification, unless otherwise indicated: 1. The proposed improvements require the submission of a landscape plan that is signed and sealed by a Registered Landscape Architect (RLA). This plan shall demonstrate full compliance with our current landscape code. Photocopies are not acceptable. 2_ Include an Existing Tree Survey documenting all existing trees with a caliper of 4" or greater. Show a head legend that references each tree including a unique reference number, both botanical and common names, caliper, height and spread, current condition and proposed action (to remain, remove or relocate). All invasive plant material and those that are in poor condition shall be removed from the site. 3. The existing landscape is in need of a complete makeover. Remove all of the existing material except for the existing Cassia in the island adjacent to NE 2nd Ave. Phoenix Dactylifera 'Medjool' palms or Phoenix Sylvestris should be used within the intersection of NE 2nd Ave and NE 4th Street and/or within the island adjacent to NE 4th Street. This would create much needed symmetry between the existing landscaping on the west side of NE 2nd Avenue and the proposed plantings for the NE 2 d Avenue beautification project that is proposed for next year. 4. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class lit Site Plan Modification Page 11 within this regulation. These trees shall be placed against the north and west sides of the structure. 5. Per LDR 4.6.16(E)(3), all landscape areas shall be separated from vehicular use areas by car stops or type `D' non - mountable curbing. Show and label curbing and/or car stops on all applicable plans. Install curbing around existing landscape areas adjacent to the public right -of -way. 6. Per LDR 4.6.16(E)(5), all required trees are to be a minimum of sixteen feet (16') in height with a seven foot (7') spread and eight foot (8') of clear trunk. Proposed Silver Buttonwoods do not meet this height requirement. Increase proposed heights to demonstrate compliance. 7. Per LDR 4.6.16(H)(3), perimeter trees are required to be planted every thirty feet (30'). A two foot (2') hedge is also required to be planted within the landscape buffer. Palms are not permitted in the parking lot. Switch the Sabal Palms on the south side of the lot to a shade tree. Adding another Green Buttonwood would keep the plantings along this side consistent. 8. Prior to site plan certification, provide an irrigation plan to accompany the proposed landscape plan. Upon addressing the aforementioned landscaping comments through the attached conditions of approval, the proposed development can be found in compliance with applicable requirements of LDR section 4.6.16. 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. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Along the north elevation, architectural changes include removal of three (3) bay doors which accommodate an existing repair shop to accommodate expansion of the existing convenience store. New impact glass windows will be installed in place of the outermost bay doors. The center bay door will be replaced with a new double door made of impact glass to serve as the main entrance to the convenience store. All windows and doors will feature an arched element above which consists of 12" terra cotta diamond tiles. The arches will be trimmed with raised stucco painted dark bronze to match the storefront metal. The base of the building will be new (Spanish Drag) rough stucco painted to match the existing fagade color (Light Tan). The existing door serving as the entry to the convenience store will be removed and replaced with an impact resistant glass window. The existing terra cotta Spanish barrel tile roof will remain and be SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class III Site Plan Modification Paqe 12 pressure cleaned to give a fresh new appearance. Any existing missing or chipped roof tiles will be replaced for aesthetic appeal. Along the west elevation, the existing men's and women's restrooms doors will be removed. These areas will be filled -in and painted to match the existing stucco texture and color. Along the south elevation, a new emergency exit door will be constructed. All existing decorative arches forming the arcade along the exterior walkway will remain. New decorative wall mounted light fixtures will be installed and the design will match the existing City street lights. These will be light green in color. The roof tile above the existing gasoline pumps will also be pressure cleaned and repaired or replaced, as deemed necessary, to offer a fresh look to the site. The columns supporting the roofing covering the gasoline pumps will maintain their existing "Light Tan" color to match the main building. The raised stucco band on the columns will be a terra cotta color to match the roof material. Along the east elevation, an entry door should be added near the southeast corner of the building to allow deliveries from the proposed loading space. Currently, only landscaping exists to the north and the trash enclosure is to the south. There is no easily accessible delivery route to enter the store. This is attached as a condition of approval. These proposed changes will significantly improve the aesthetics of the site and will not negatively affect adjacent properties. Based upon the above, the proposal will be consistent with the criteria established in LDR Section 4.6.18(E) upon addressing the attached condition of approval PZEV11EhN 5Y_,OTHERS Pineapple Grove Main Street (PGMS): At its meeting of December 11, 2013, Pineapple Grove Main Street (PGMS) recommended approval of the development proposal. Downtown Development Authority (DDA): At its meeting of December 9, 2013, the DDA (Downtown Development Authority) recommended approval of the development proposal. Community Redevelopment Agency (CRA): At its meeting of December 12, 2013, the CRA (Community Redevelopment Agency) recommended approval of the development proposal. Courtesy Notices: Courtesy notices have been provided to the following associations that have requested notice of developments in their areas: • Delray Citizens Coalition • Del -Ida Public Notice: Formal public notice is not typically given for Class III Site Plan Modification. However, in associated with the minor conditional use modification, a courtesy notice was voluntarily provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class Ili Site Plan Modification Paqe 13 ASSESSMENT AND CONCLUSION The proposed Class Ill site plan modification request includes conversion of three (3) existing automotive service bays to retail use for interior expansion of the existing convenience store for the existing S & H Exxon gasoline station. The operating hours will be Sam -11 am, seven (7) days a week. The business will have a minimum of four (4) employees, with up to six (6) employees to accommodate the convenience store. The improvements will include upgrading of the landscaping and modifications to existing driveway widths and parking lot design layout. A bicycle rack is required to be added and a loading zone and trash enclosure will be accessible off of the existing alley to the east. The proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, upon addressing the conditions of approval. Positive findings can be made with respect to Section 2.4.5(E)(5), upon addressing the recommended conditions of approval. .. ALTERNATIVE ,ACTIONS A. Continue with direction. B. Deny the Class Ill site plan modification, landscape plan and architectural elevations for S & H Exxon Convenience Store located at 206 NE 4th Street, based upon a failure to make positive findings with respect to Section 2.4.5(G)(5)(Compatibility), that the proposed use will hinder development of nearby properties. C. Approve the Class Ili site plan modification, landscape plan and architectural elevations for S & H Exxon Convenience Store located at 206 NE 4th Street, based upon positive findings with respect to Section 2.4.5(G)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. „RECpIIEN,DED ACTH By Separate Motions: Waiver #1: Move approval of a waiver to LDR 4.6.16(H)(3)(i) which requires terminal landscape islands to be located at the end of each parking row and have a minimum width of nine (9) feet and depth of fifteen feet (15) for a total of 135 sq. ft_ to eliminate this requirement on either side of the handicap space, and reduce this requirement to 54" for the parking row along the east property line. Waiver #2- Move approval of a waiver to LDR Section 4.6.16(H)(3)(d), a five foot (6) landscaped buffer shall be provided between the off - street parking area or other vehicular use area and abutting property to allow a three foot (3') landscape buffer between the parking row on the east property line and the adjacent alley. Waiver #3: Move a recommendation of approval to the City Commission for a waiver to LDR Section 4.6.18.B.14.iv.2., whereas the minimum transparency or glass surface area on the ground floor wall area of all non - residential buildings shall be a minimum of 75% of the wall area for that SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class III Site Plan Modification Paqe 14 elevation (0% existing), to allow a 53.4% glass transparency area along the front (i.e. NE 4" Street) elevation in place of the existing roll down doors. Site Plan: Move approval of the Class III site plan modification request for S & H Exxon Convenience Store at 206 NE 4th Street, based upon positive findings with respect to Section 2.4.5(G)(5) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Provide a proposed photometric plan which complies with LDR Section 4.6.8. 2. Process a new deed indicating a 2' alley right -of -way dedication to be approved by the City Commission and recorded with Palm Beach County. 3. A twenty foot (20') corner clip right- of-way dedication is required. Subsequent processing and approval of a new deed indicating the right -of -way dedication shall be approved by the City Commission and recorded with Palm Beach County. 4. Provide the City of Delray Beach a copy of the traffic concurrency determination letter issued by the Palm Beach County Traffic Division. A positive finding of concurrency is required prior to site plan certification. 5. A CPTED review which considers the crime statistics (i.e. GRID Report) for the site shall be provided for Board consideration. 6. The bicycle rack shall not be located within any required setback area and shall be along a pedestrian path easily accessible to the front entry of the building. The proposed location does not meet these requirements. 7. Add a sidewalk connector at the southwest corner of the building to connect to the new emergency exit door proposed on the south elevation. Currently, only landscaping exists and there is no clear pedestrian access pathway. Adjust landscaping totals accordingly. Landscape Plan. Move approval of the landscape plan for S & H Exxon Convenience Store, 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 the criteria set forth in Section 4.6.16(C)(1)(a) of the Land Development Regulations, subject to the following conditions: 1. The proposed improvements require the submission of a landscape plan that is signed and sealed by a Registered Landscape Architect (RLA). This plan shall demonstrate full compliance with our current landscape code. Photocopies are not acceptable. 2. Include an Existing Tree Survey documenting all existing trees with a caliper of 4" or greater. Show a head legend that references each tree including a unique reference number, both botanical and common names, caliper, height and spread, current condition and proposed action (to remain, remove or relocate). All invasive plant material and those that are in poor condition shall be removed from the site. 3. The existing landscape is in need of a complete makeover. Remove all of the existing material except for the existing Cassia in the island adjacent to NE 2nd Ave. Phoenix Dactylifera 'Medjool' palms or Phoenix Sylvestris should be used within the intersection SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class Ill Site Plan Modification Page 15 of NE 2 "" Ave and NE 4 "' Street and/or within the island adjacent to NE 4" Street. This would create much needed symmetry between the existing landscaping on the west side of NE 2 I Avenue and the proposed plantings for the NE 2nd Avenue beautification project that is proposed for next year. 4. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation. These trees shall be placed against the north and west sides of the structure. 5. Per LDR 4.6.16(E)(3), all landscape areas shall be separated from vehicular use areas by car stops or type `D' non - mountable curbing. Show and label curbing and/or car stops on all applicable plans. Install curbing around existing landscape areas adjacent to the public right -of -way. 6. Per LDR 4.6.16(E)(5), all required trees height with a seven foot (7') spread and Buttonwoods do not meet this height demonstrate compliance_ are to be a minimum of sixteen feet (16') in eight foot (8') of clear trunk. Proposed Silver requirement. Increase proposed heights to 7. Per LDR 4.6.16(H)(3), perimeter trees are required to be planted every thirty feet (30'). A two foot (2') hedge is also required to be planted within the landscape buffer. Palms are not permitted in the parking lot. Switch the Sabal Palms on the south side of the lot to a shade tree. Adding another Green Buttonwood would keep the plantings along this side consistent. 8. Prior to site plan certification, provide an irrigation plan to accompany the proposed landscape plan. Architectural Elevations: Move approval of the architectural elevations for S & H Exxon Convenience Store, 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 the criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition: 1. An entry door shall be added near the southeast corner of the building to allow deliveries from the proposed loading space. Currently, only landscaping exists to the north and the trash enclosure is to the south. There is no easily accessible delivery route to enter the store. Accordingly, modify proposed floor plan and architectural elevations to reflect the proposed location. Attachments. • Location Map • Site Plan • Landscape Plan • Architectural Elevations • Photometric Plan • GRID Report • Traffic Statement • Waiver Justification SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class Ill Site Plan Modification Paae 16 �►PPEN1J;lX FFA� ,' GONGUl121�ENCY FIN' ©INGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service is existing on -site Sewer service is existing on -site Pursuant to the City's 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. Streets and Traffic: The development proposal allows conversion of three (3) existing service bays to retail use for expansion of the existing convenience store. This will result in a net increase of 32 AM trips, 25 PM trips and an estimated ADT increase of 358 trips. It should be noted that the proposed development is in the TCEA (Traffic Concurrency Exception Area). Thus, the conversion to retail use will not have a negative impact on traffic or the adjacent street network. However, a traffic statement has been provided and a traffic currency determination from the Palm Beach County Traffic Division is required. This is attached as a condition of approval. 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 Wa sta The existing automotive service and repair use (1,532 sq. ft.) generates 7.123 tons of solid waste per year. The proposed conversion to retail convenience store use will generate 7.813 tons of solid waste per year. This results in a net increase of 0.69 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Schools: School concurrency findings do not apply for non - residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Draina.cre: Drainage is currently accommodated via existing catch basins in the swale of the adjacent rights -of -way along NE 4th Street and NE 2nd Avenue. Civil engineering plans associated with subsequent processing of a site plan application will further detail how drainage will be accommodated. There should be no impact on drainage as it relates to this standard. SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion -- Class III Site Plan Modification Page 17 APPENDIX ,.B STA "NDARDS FOR S.I.TE PLAN ACT "IO''NS 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 -- contingent upon a photometric plan meeting standards Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not applicable I X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard 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 applicablel X Meets intent of standard Does not meet intent F. Vacant property shall be intensity are appropriate physical considerations; remaining land use needs. developed in a manner so that the future use and in terms of soil, topographic, and other applicable complementary to adjacent land uses; and fulfills Not applicable I X Meets intent of standard Does not meet intent SPRAB Report - February 12, 2014 S & H Exxon Convenience Store Expansion — Class III Site Plan Modification Page 18 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 I 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 � +l N. E. N. E. I P, us LLI z nil N. E. e N SUBJECT PROPERTY S & H EXXON PLANNING AND ZONING DEPA "TMFNT LOCATION MAP Q w 0 Ld LL S T. MDM Services, Inc. En-gline-ding, EnviFo-oner,al, :ir�d Conah cfion - t A Enc 2.. iff 11 1 — 1l . - 'i Pe�TM r d January 30, 2014 Ms, Candi N, Jefferson, Senior Planner City of Delray Beach Planning and Zoning Department 1,i Dr, SL�-,e D 100 NW i " Avenue &-,acb, R J3442 Delray Beach, FL 33444 ,,E4. �2,'-'I(Y(-, W�4 42 i. �42 Fax Re-, S & H Exxon 206 NE 41h St. Transparency Waiver Request MOW � ur'A Dear Ms. Jefferson: �01 4 cu v!j 5 flpgrw Y 'Suik" 463 G"", 301 E� On behalf of Andrew Hrenich, Maxatuna. LLC and Stuart Lutz, S & H Exxon, MDM Services respectfully requests the following waiver: 7U-34,51. H11 K) Fax Waiver: (LDR 4.6.18.B.14.jv.2) — The minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. Justification for Waiver: There are three Spanish tile mansard roof levels on the NE 4'h St. facade. The high roof side (eastern 70% of facade) has two (2) mansard elevations. The ground level wall area (below the lowest mansard) is 434 SF, The proposed surface glass area is 232 SF or 53.4% which is less than the 75% required. The low roof side (western 30% of facade) has one (1) mansard elevation. The ground level wall area is 189 SF. The proposed surface glass area is 149 SF or 79% which is slightly more than the 75% required, To add more glass between the two roof levels on the eastern portion exposes the steel roof structure to public view and would detract from the overall appearance of the building, Removing additional sections of front wall would require extensive structural work on the existing building. Kindly review the proposed architectural elevations and consider granting a waiver i to the transparency requirement for this unique circumstance. Sincerp'[�i',' M M 'Ser V ces, Inc ",' Paul E. ldvl((;'e_Prosident - t A Enc 2.. iff 11 1 — 1l . - 'i Pe�TM ,..F.WE; -r-2f. Fax N'i A c,o" ".0ig Hi "Q GA 3'i Stsit�: � >St3 ra'. MDM Services, . , ��@��? c!€ g.: r3 s.L?:}ay is.E �a � ✓43@ Yesxp 1�a.a�i�i`1 January 30, 2014 Ms. Candi H. Jefferson, Senior Fanner City of Delray Beach Manning and Zoning Department 100 NW 1 �' Avenue Delray Beach, FL 33444 Fie: S & H Exxon 206 NE 4" St, Landscaping Waiver Request Dear Ms. Jefferson: Can behalf of Andrew Hrenich, Maxaluna LLC and Stuart Lutz, S & H Exxon, MDM Services respectfully requests the following two (2) landscape waivers: Waiver #1 (LDR 4.6.1 O(H)(3)(9) provide 5 foot landscape strip between parking and other vehicular use area. Justification for Waiver #1: The original landscape plan allowed for the required 5 foot strip but pursuant to another condition for approval a two (2) foot strip running the length of the east property line must be dedicated to the City for alley expansion. That left only 3 feet remaining. This 3 feet could not be expanded to the west 2 additional feet to allow for the 5 foot requirement without impacting the required parking and the access in and out of the eastern -most driveway on NE 4t St. Please note that currently there is no landscape strip on the east property line, only asphalt. The addition of this 3 foot strip, although less than required, still creates a much better condition and appearance than currently exists. Please also note that the overall green area proposed exceeds what currently exists today and that the proposed landscaping plans show significant upgrades, Waiver #2 (LDR 4.6A6(H)(3)(i)— Landscape islands are required to have a minimum width of nine (9) feet at the terminal ends of the parking spaces, Justification for Waiver #2: The current parking lot has no clearly defined parking spaces, although most all parked cars are located along the east side of the property gear the alley. In order to meet the minimum parking requirement of 7 spaces, exercising the one -time parking exemption., the 9 foot landscaped islands on each end of striped parking spaces had to be reduced to 5' -4 ". Please note that no landscaped parking islands currently .exist and that the proposed island widths conform with the previous landscape code requirements. There is also no proposed landscape island next to the handicapped parking space on the wrest side of the building. Immediately west of this space are the underground fuel storage tanks and the surface manholes must be surrounded by the concrete slab which currently exists. A landscape island cannot be installed in this location. Please note that the proposed green area exceeds what is currently on the property and the proposed land taping plans show significant upgrades. i SinceretSr, F M 'Servi a= Paul Lingerfeldt, Vice - President 4 s ,,3 T1 consulting Q) engineers, inc- February 6, 2014 Palm Beach County Engineering and Public Works 2300 North Jog Road West Palm Beach, FL 33411 Attn: Masoud Atefi Re; Traffic Study Expansion of Exxon Station SE corner of NE 2nd Ave and 4'� Street, Delray Beach PCN 12- 43- 46- 16 -01- 810 -0010 Job No. 14 -0102 Dear Masoud This traffic study was prepared in accordance with the requirements set forth in Article 12 of the Palm Beach County Unified Land Development Code for projects within a Transportation Concurrency Exception Area. As set forth in this article, the proposed net trip generation for the new development is assigned to the roadway network. This traffic statement identifies the existing, proposed and net trip generation for the proposed conversion of the existing gas station with service bays to gas station with C- store. Executive Summary The proposed conversion of 1200 SF of existing service bays to convenience store at the existing Exxon gas station at the SE corner of NE 4th Street (Lake Ida Rd) and NE 2nd Ave will result in the addition of 31 AM peak hour and 26 PM peak hour trips. This additional traffic results in a radius of development of 0.5 miles. Since this project is located within the Delray Beach Traffic Concurrency Exception Area, concurrency is guaranteed. Existing Conditions - Background Information The development parcel located at the southeast corner of NE 4th Street and NE 2nd Ave. is presently improved with a gas station with S fueling positions, a 502 SF C -store and 3 service bays occupying 1200 SF. The description for Land Use 944 Gasoline / Service Station states these stations may also have ancillary facilities for servicing and repairing motorvehicies. As such traffic impacts for the service bays are already included in the data set and no additional increase is needed. The service station has existing and operated at this location for approximately 25 years and the existing 502 SF of convenience store for the past eight years. Trip generation for the existing uses are presented in Table 1 Proposed Development The developer proposes to convert the existing service bays to C -store bringing the total area dedicated to C -store to 1702 SF. The eight, existing fueling positions will remain. Trip generation for the ultimate /proposed uses are presented in Table 2. 7522 wiles rd., ste 202-8, cord springs, f 88[]87 pi-ione: r9- 54- 752 -8BBO fax: 954-752-886S E- #26884 Haitian Christian Church Request to Extend TPS Approval February 6, 2014 Page 2 Trip Generation The proposed development results in the addition of 354 daily trips, 32 AMP and 25 PMP hour trips as shown below. Please note all volumes are net volumes, excluding pass by capture. Pursuant to table 12.B.2.D -7 3A, the Radius of Development Influence considering the net traffic is 0.5 mile. Capture of Pass -by Trips Approximately 60% of gross project traffic is captured from trips already on the network. Trip (Distribution and Assignment The cardinal distribution of traffic for this project was developed by considering the location and intensity of residential and commercial development within the region and comports. This cardinal distribution was overlaid on the roadway network to assign traffic. The assignment of traffic within the RDI is shown on Figure 3. Traffic Impacts Since this project is located within an existing TCEA assessment of traffic impacts is not required to secure traffic concurrency. Conclusion Traffic resulting from the proposed conversion of 1200 SF of existing gasoline station service bays to additional convenience store space results in the addition of 354 daily, 32 AM peak hour and 25 PM peak hour trips. The geographic location of this project within an existing TCEA triggers compliance with PBC's traffic performance standards. If you require additional information as a result of your review please feel free to contact me. l will be happy to provide it. S €ncemly- £` ` p` k f _ W. 7 �M�va ✓ L 14'A.'' Hanks F P r '' l'l Ft -g No 53852 W consul Ling engineers, inc. ADT AMP (IN /OUT) PMP (IN /OUT) Existing 688 26/26 27/27 Proposed 1042 42/42 40/46 Net 354 32 25 Pursuant to table 12.B.2.D -7 3A, the Radius of Development Influence considering the net traffic is 0.5 mile. Capture of Pass -by Trips Approximately 60% of gross project traffic is captured from trips already on the network. Trip (Distribution and Assignment The cardinal distribution of traffic for this project was developed by considering the location and intensity of residential and commercial development within the region and comports. This cardinal distribution was overlaid on the roadway network to assign traffic. The assignment of traffic within the RDI is shown on Figure 3. Traffic Impacts Since this project is located within an existing TCEA assessment of traffic impacts is not required to secure traffic concurrency. Conclusion Traffic resulting from the proposed conversion of 1200 SF of existing gasoline station service bays to additional convenience store space results in the addition of 354 daily, 32 AM peak hour and 25 PM peak hour trips. The geographic location of this project within an existing TCEA triggers compliance with PBC's traffic performance standards. If you require additional information as a result of your review please feel free to contact me. l will be happy to provide it. S €ncemly- £` ` p` k f _ W. 7 �M�va ✓ L 14'A.'' Hanks F P r '' l'l Ft -g No 53852 W consul Ling engineers, inc. •YA 0 �( x ui L V ve U) hex �..�ei t. Lo N O X O fV � Q in Q L1. 'O C v Q n3 � N La- 0 w T UJ N G U 7 U U a n w g N N C 63 C U U ❑ U b N O C y +3 4. q� U x m a w ro 0 a m C� .a, 0 y.. C m x e� O x w LL L U L C3 1t 0 O d° UD 11 U RS C1. QI L a� r� c LLJ to Q? 4 z • i' m CD CL 1 LO N a X O N r � �. CO Q IL � C � N ro o' n U 0 x x LL a r� as v C) C) 0 m g a m m c as E 0 0 0 A aW%A® s. Roadway And Location Map Delray Exxon r c ;ca U�0 ors. rr� 9c. LL Y to L 10% Lake Ida 3 (41n Street) 3 Atlantic Ave. 10% 3 3 Figure 3 5% 10% 5% 3 3 1 Z 40% C14 0 Uj z 14 5 10 € -" 20 % 5 %� �O y t 2 5 1 10% 3 °P`1 3 1st St 5% 10% 5% 3 3 1 20% 0 5 21% 6 5 I `L3 to Ln C14 Uj z 20% 0 5 21% 6 5 I `L3 to Ln CITY OF DELRAY BEACH Event List with Report Numbers deport Generated: 01/31/2014 12:40;19 ventHistory_Eventz istWithRepvrtNumbers Page 1 of 1 Prime Zeport # Call Time Nature Location Unit Disp. Close Time 01/10/2013 20 :52 LOST AND FOUND 206 NE 4TH ST C42 CAD 01/10/2013.21. 31.,53 3002148 02/13/2013 11:47 FRAUD/ 206 NE 4TH ST A42 CPE 02/13/2013 13:44 :48 02/2612013 20:24 TRAFFIC STOP 206 NE 4TH ST C45 VVV 0212612013 20:29:34 3003319 03/0812013 14:29 SUSPICIOUS 206 NE 4TH ST A44 CAD 03/081"2013 14:59:50 3002703 03/08/2013 14:31 MEDICAL. 206 NE 4TH ST SQ1 IR . 03/08/2013 14:49:44 3004224 03/25/2013 09:56 ACCIDENT P2 206 NE 4TH ST A82 ACC 03/26/2013 11:58:38 W19/2013 16:27 SUSPICIOUS 206 NE 4TH ST A42 CAD 04119/2013 15:43:44 3006289 06/14/2013 02:17 MEDICAL. 206 NE 4TH ST M1 IR 06/14/2013 02 :52:55 06/1812013 20:55 SUSPICIOUS 206 NE 4TH ST C32 CAD 06/1812013 21:59:57 :3006462 06/18/2013 21:37 MEDICAL 206 NE 4TH ST SQ1 IR 06/18/2013 2213:03 07/16/2013 20:26 TRAFFIC STOP 206 NE 4TH ST C34 VW 07/1€12013 20:29:17 08/25/2013 00:33 LOST AND FOUND 206 NE 4TH ST C42 CAD 08{2512013 01:41:38 f 3009094 09/08/2013 06:49 MEDICAL 206 NE 4TH ST M1 IR 09108/2013 08,01:20 09/0812013 06:52 ASSIST OTHER DEPT 206 NE 4TH ST A32 CAD 09/0812013 07:10:06 09/2112013 13:40 HIT AND RUN P3 206 NE 4TH ST CAN 09/2112013 14:21:51 10/15/2013 11:26 DISTURBANCE P2 206 NE 4TH ST A32 CAD 10/15/2013 11;53 :07 :11106/2013 16:56 CIVIL MATTER P3 206 .NE 4TH ST A44 CAD 11/06/2013 17 :27,42 13015760 11/28/2013 19:05 ACCIDENT P2 206 NE 4TH ST C32 IR 1 1128/201 3 20:36:26 12/14/2013 15:06 SUSPICIOUS 206 NE 4TH ST A34 CAD 12/14/2013 15 :23:42 Total Number of Events Usted: 19 deport Generated: 01/31/2014 12:40;19 ventHistory_Eventz istWithRepvrtNumbers Page 1 of 1 R 0 a cu W (D O N LO O N M O 0 fU ED Q1 a a Q a c C C C r e c C i 11 d o � c E a m U LS7 10 Lq 9 9 uj U N N N N N O r D m 0 0 r T Q 0 0 o o co m to � D •� N N N N d d C a t f N co OD r z3i r 0 0 0 o T V) N r r d7 0 0 0 00 0 U 0 0 0 0o 0 U N U) Q C in 0 N C7 W c_- O < Ir- (7 •L E a) c.. 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N N cti It w c0 t�t W m O d �t u7 0 1p Ui N N 'n r o M cD tD t, I-- r-- O W M ap W 0 N O O O O O O 0 0 0 0 O r- N rL�i 6 SCR r 6 Lb LO r 6 6 �'- C7 M [*7 - m - - M m - m r r T T r r r r r Y`" 'C^` r r r r r r r r r r r r r nl N N nl t� c� N N cV LV <� N CV r.. U ❑7 E C o m of �T 0 ID a) o _ w °+(0 zc ¢ aE)E aa) away w N W 0wC) S.9 WQQ U-0. < I 0 1-- €.'J i- 2 I— �R 2 3: :E z =zTz�z0 w CDD� �— w U W 0 LLI Q W Q Q LL aY Q L d X N :n a td; 0 T b rn N Q u • X 0 U [47 iL x w L LL N J LO LO u� N LO U I Q N U �y � <n 0 a7 � a aD c� O Q. W MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E., Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 MODIFICATIONS TO VALET PARKING LICENSE AGREEMENTS ITEM BEFORE COMMISSION The item before the City Commission is to approve the modifications to the Valet Parking License Agreements. BACKGROUND At the workshop meeting of January 14, 2014, staff was directed to bring forward revised Valet Parking License agreements for approval. It was noted that an inadvertent oversight in the ratification of previous agreements required resigning of the agreements. Furthermore, recent circumstances with the valet queue on the 200 block of East Atlantic Avenue, associated with the closing of a licensee's restaurant, have shown the need for additional regulation in the area of assignments of valet queue and how operations should continue during the transition of a restaurant. Preliminarily, in an attempt to mitigate loss of revenue from closing licensees, a security deposit equal to one month's valet queue fees will be required with remittance of the signed agreement. Security deposits will be held in a non - interest bearing account. The agreements have been modified as summarized below: . Remittance of a security deposit equal to 1 -month of valet parking fee referenced above • Extending agreements to 3 -year terms (Staff removed additional 1 -year renewals); • Implemented a 3% increase in the monthly cost per space, applied to pending renewals and at each anniversary of the agreement; • Amended Section 4 of the agreements specifying that only one valet operator per valet queue is permitted; • Included in Section 3 that leased lots must contain sufficient capacity as determined by staff, • Addressed inappropriate attendant behavior, and; • Included protocols related to Public Records Laws and the Palm Beach County Inspector Generals Office. Renewal of the agreements for 32 East, Tramonti's, Prime Steakhouse, Max's Harvest, Cut 432, Taverna Opa, and Caffe Luna Rosa are subsequently listed on this agenda as sub -items of this agenda item. A sample agreement for valet queues west of the Intracoastal Waterway is attached for your review. There is one (1) valet queue east of the Intracoastal Waterway, to which the only differences are the monthly cost per space, ($135.19 to the east vs. $108.15 to the west) and the length of time after which extended stay fees may be collected, (4 hours to the west vs. 2 -hours to the east). REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of January 28, 2014, recommended approval of the modifications to the valet parking license agreements. RECOMMENDATION By motion, approve the proposed modifications to the valet parking license agreements. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ( "The Agreement') is made this day of , 20, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY "), and , a Florida corporation ( "LICENSEE "). WITNESSETH: WHEREAS, it has been determined that valet barking in commercial areas can reduce issues caused by vehicular traffic, and WHEREAS. valet barking also increases the number of available barking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking, while being able to monitor its usage, and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non - exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them into this Agreement. 2. Valet Parking Queues. The CITY agrees to allow LICENSEE the non- exclusive use of parking spaces located at or near to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day between the hours of 5:00 PM and 2:00 AM, twelve months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and /or any valet operator hired by the LICENSEE will park cars in private parking lots leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and /or any valet operator hired by LICENSEE will not park any cars in on- street or off - street parking spaces owned and /or maintained by the CITY. Upon execution of this license agreement an&ef at the CITY's request, LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessor for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and /or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit "A ". 5. Payment. LICENSEE agrees to pay the CITY One Hundred Eight and 15 /100 Dollars ($108.15) per space by the tenth (10th ) day of each month. This fee shall be increased by three percent (3 %) annually. A late fee of five percent (5 %) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet operator will be permitted to operate the queue. 4 LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non - interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only 1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) maybe assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Si2nne. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3 ") in height on valet stands and two inches (2 ") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his /her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2 ") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: a) Donation of Spaces: A neighboring business may provide, by lease or 3 otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50 %) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty -three percent (33 %) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years. If the LICENSEE has an account in arrears and /or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended .,,ithatit f „4i, °r ne4ce until required payment and /or documentation is received °r- inf,,-m ati - i - r . °'. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant Parking. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for M parking vehicles that have a valid ADA- compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and /or causes of action arising during the Term of this Lease for any personal injury, loss of life and /or damage to property sustained in or about the parking spaces /queues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and /or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such E litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on- street or off - street public parking spaces; b) Parking cars in the designated parking queues; c) Double - parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to- i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer, passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer, passerby or another employee. iii. Striking, hitting, kicking;, spitting at or on customers or other employees, visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. Con vi. Smoking in the presence of customers, in customer vehicles or within twenty -f�25) feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and /or wearing inappropriate attire for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through hrough stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his /her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: b) First violation of each offense: Second violation of each offense: Third violation of each offense: Fourth violation of each offense: Warning $200 $500 Termination of License A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation_ the date and the time of the violation_ and the brocedure to follow in order to bav the benalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 C) The LICENSEE may appeal the violation to the City Manager or his or her designee. r:r:�se:^: ee�E��r. �: e�s�rr��rrts�riszs'ss�e�srtsr*� r.� d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that, notwithstanding the foregoing, the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his /her designee. The use of an off -duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assi ng ment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE 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 d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE 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. 25. Inspector General. LICENSEE 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 LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees 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. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 28. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the I parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of ATTEST: City Clerk Approved as to form: City Attorney (CORPORATE SEAL) STATE OF COUNTY OF 20 THE CITY OF DELRAY BEACH, an Mayor LICENSEE: By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000 /$500,000 /$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises /operations including auto liability, independent contractors, broad form contractual liability, products /completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned /non - owned /hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B +, VIII or better, latest edition. 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E. Environmental Services Director THROUGH: Louie Chapman Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 9.B.1 - REGULAR COMMISSION MEETING OF MARCH 4, 2014 RENEWAL OF VALET PARKING LICENSE AGREEMENT/ TAVERNA OPA AT] LLC., D /B /A TAVERNA OPA ITEM BEFORE COMMISSION The item before the City Commission is that of approving a valet parking license agreement with Taverna Opa Atlantic LLC., d/b /a Taverna Opa. BACKGROUND At its meeting of January 7, 2014, the City Commission approved the Consent of Assignment of the valet parking queue, located on the south side of the 200 block of East Atlantic Avenue, from 270 East Atlantic Ave Delray Beach, LLC., d/b /a 75 Main to Taverna Opa Atlantic, LLC., d/b /a Taverna Opa, (attached for your review). Although the restaurant is not yet opened, the owner has been operating the valet queue since January 18, 2014 without incident. REVIEW BY OTHERS The Parking Management Advisory Board recommended approval of the Consent of Assignment in addition to the renewal of, and all modifications to, the parking license agreement. RECOMMENDATION By motion, approve the valet parking license agreement for Taverna Opa Atlantic, LLC, d/b /a Taverna Opa in accordance with the attached valet parking license agreement. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ( "The Agreement ") is made this day of , 20, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY "), and Taverna Opa Atlantic LLC., d /b /a Taverna Opa a Florida corporation ( "LICENSEE ") WITNESSETH: WHEREAS, it has been determined that valet barking in commercial areas can reduce issues caused by vehicular traffic, and WHEREAS. valet barking also increases the number of available barking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking, while being able to monitor its usage, and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non - exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them into this Agreement. 2. Valet Parking Queues. The CITY agrees to allow LICENSEE the non- exclusive use of six (6) parking spaces located at or near the south side of the 200 block of East Atlantic Avenue to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day between the hours of 5:00 PM and 2:00 AM, twelve months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and /or any valet operator hired by the LICENSEE will park cars in private parking lot leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and /or any valet operator hired by LICENSEE will not park any cars in on- street or off - street parking spaces owned and /or maintained by the CITY. Upon execution of this license agreement an&ef at the CITY's request, LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessor for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and /or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit "A ". 5. Payment. LICENSEE agrees to pay the CITY One Hundred Eight and 15 /100 Dollars ($108.15) per space by the tenth (10th ) day of each month. This fee shall be increased by three percent (3 %) annually. A late fee of five percent (5 %) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet operator will be permitted to operate the queue. 4 LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non - interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only 1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) maybe assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Si2nne. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3 ") in height on valet stands and two inches (2 ") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his /her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2 ") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: a) Donation of Spaces: A neighboring business may provide, by lease or 3 otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50 %) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty -three percent (33 %) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years. If the LICENSEE has an account in arrears and /or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended .,,ithatit f „4i, °r ne4ce until required payment and /or documentation is received °r- inf,,-m ati - i - r . °'. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant Parking. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for M parking vehicles that have a valid ADA- compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and /or causes of action arising during the Term of this Lease for any personal injury, loss of life and /or damage to property sustained in or about the parking spaces /queues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and /or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such E litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on- street or off - street public parking spaces; b) Parking cars in the designated parking queues; c) Double - parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to- i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer, passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer, passerby or another employee. iii. Striking, hitting, kicking;, spitting at or on customers or other employees, visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. Con vi. Smoking in the presence of customers, in customer vehicles or within twenty -f�25) feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and /or wearing inappropriate attire for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through hrough stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his /her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: b) First violation of each offense: Second violation of each offense: Third violation of each offense: Fourth violation of each offense: Warning $200 $500 Termination of License A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation_ the date and the time of the violation_ and the brocedure to follow in order to bav the benalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 C) The LICENSEE may appeal the violation to the City Manager or his or her designee. r:r:�se:^: ee�E��r. �: e�s�rr��rrts�riszs'ss�e�srtsr*� r.� d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that, notwithstanding the foregoing, the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his /her designee. The use of an off -duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assi ng ment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE 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 d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE 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. 25. Inspector General. LICENSEE 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 LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees 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. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 28. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the I parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of ATTEST: City Clerk Approved as to form: City Attorney (CORPORATE SEAL) STATE OF COUNTY OF 20 THE CITY OF DELRAY BEACH, an Mayor LICENSEE: By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida EXHIBIT "A" 10 INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000 /$500,000 /$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises /operations including auto liability, independent contractors, broad form contractual liability, products /completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned /non - owned /hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B +, VIII or better, latest edition. 11 CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated July 1, 2012 and originally between the City of Delray Beach and 270 East Atlantic Ave Delray Beach, LLC, dlbla 75 Main does hereby give consent to the assignment of the above- stated Agreement from 270 East Atlantic Ave Delray Beach, LLC, d /b /a 75 Main to Taverna Opa Atlantic LLC, which Ar- , 1E .. shall assume all terms and conditions of the original Agreement effective January , _: ,� 2014.. c IN WITNESS WHEREOF, the undersigned has signed this instrument on this ` day of , 2014. 1 ATTEST: CITY OF AY BEACH, FLORIDA By By: City Clerk Ca stein, Mayor ". Approved as to legal form and Sufficiency: Y By: - City Attorney For: 270 East Atlantic Ave Delray Beach, LLC, By: rl" P_1\! y i�Y 'V11- fv (print name and ) STATE '- COUNT The foregoi4nginstrum 7 ` v ,2014 by was acknowledged before me this day of tfn behalf of1he corporation.' He /She i pe� r (as identification] KA15TY OOUGrAS Notary Public - State of Florida t c My Comm. Expires Sep 11, 2015 '• r' ? r♦ 'o: Commission # EE 36497 ++ ' Bonded Through Nationai Notary Assn. corporation, me/or has produced Valet Parking License Agreement Consent of Assignment 270 East Atlantic Ave. Delray Beach, LLC to Taverna Opa Signature of Notary Public For: Taverna Opa Atlantic LLC: By: (print name and title) STATE OF F-10ri-da COUNTY OF Pa_Crr dacd, The foregoing instrument was acknowledged before me this day of r , 2014 by c c4 -& j'�, r %5 i'c14 m avo- t5 Pie S ,d "' 1 of -Tam Ir mi0�2,-, Afla,,Iie LL-C , a corporation, on behalf of the corporation. He /She is personally known to me /or has produced F/4, L iy-e,--s (as identifigation). r Signature of Notary Public ;�- JOANNA M WEAVER :•; Commission 907 prr ExOres February B, 2098 ,,, Bmsrkd%v TrOY Fign IMUNM 8M,7667018 '?' DATE (MMIDDIYYYY) AC)'D' CERTIFICATE OF LIABILITY INSURANCE .� 01108/2014 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 NAME: pABLO M CONDE A&A Underwriters, Ina �Af_c0 No Est}: 305- 220 -7447 'A� Nay: 305-220-48 8796 SW 8 St E -MAIL ADDRESS: A e m m aaunderwriters.co Miami, FI 33174 INSURER(S) AFFORDING COVERAGE NAIL # INSURERA: BUSINESSFIRST INSURANCE COMPANY INSURED INSURER B : GLOBAL PARKING SERVICES, INC. INSURER G: PO Box 4723 INSURER D: INSURER E : Deerfield Beach FL 33442 INSURER F: COVERAGES CERTIFICATE NUMBER! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMlDDMlYY MMIDDIYYYY ACCORDANCE WITH THE POLICY PROVISIONS. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Eaacau«enceL. $ _ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n JE a LCC _GENERAL PRODUCTS - COMPlQP AGG $ $ OTHER: AUTOMOBILE LIABILITY C OMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) ANY AUTO $ BODILY INJURY(Peraccident) $ ALL OWNED SCHEDULED AUTOS AUTOS _ PROPERTY DAMAGE Per accident) $ NON -OWNED HIRED AUTOS I AUTOS $ UMBRELLA LIAB OCCUR HGLAIM,5-MA7 FACH OCCURRENGE $ AGGREGATE $ EXCESS LIAB I i DED I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTWE YIN OFFICER)MEMBER EXCLUDED? � f (Mandatory in NH) N ! A 521 -x9262 09/14/13 09/14/14 PER OTH- STATU -E ER E.L. EACH ACCIDENT 1,000,000 - $ 1 , 000, 000 EL DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS befow 5 1,000,000 E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) !`GGTICIr^ATC LJnl r1CO CAAICCI 1 ATInti City of Delray, 100 NW 1 st Ave, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Delray Beach, FL 33444 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 1988 -2013 ACURD CURPORA IIUN. All rights reserved. ACORD 25 (2013104) The ACORD name and logo are registered marks of ACORD PDF created with pdfFactory Pro trial version www.pdffactory.com 1 0 '► CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDDffYYY) 0110712014 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 INSUREII 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 DSE Financial Services LLC 4441 NW 65th Street Coconut Creek, FL 33073 CONTACT NAME: PHONE FAx A!C No Ext : AfC No AIL ao DRESS: INSURER (S) AFFORDING COVERAGE NAIC # INSURERA : Interstate Fire & Casualty Company LIMITS INSURED Glottal parking Services Inc. P.O. Box 4723 Deerfield Beach, FL 33442 INSURER B: COMMERCIAL GENERAL LIABILITY INSURER C: INSURER D: INSURER E: EACH OCCURRENCE INSURER F: A COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF IMMIDDI POLICY EXP MMQDlYYYY LIMITS ✓ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE ❑✓ OCCUR PRK1000448 06/10/2013 06/10/2014 DAMAGE TO RENTED PREMISES Ea occu fence § 500,000 MED EXP (Any one person) $ EXCLUDED PERSONAL& ADV INJURY $ 1,000,000 LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 1,000,000 POLICY ❑ JE� F1 LOC. POTHER: $ AUTOMOBILE LIABILITY CO MBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED A UTOS AUTOS PROPERTY CAMAGE Peraccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ E AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPRIETORIPARTNERIEXECUTIVE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIM EMBER EXCLUDED? F_ (Mandatory in NHI NIA E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A GARAGEKEEPERS PRK1000448 06/10/2013 06/10/2014 PER LOCATION $1,000,000 0 MAXIMUM PER VEHICLE $250,000 �� DESCRIPTION OF OPERATIONS! L CATIQNS /VEHICLES (ACORD 104, Additional Remarks Schedule, maybe attached If more space is required) Certificate Holder is namer� additional insured for valet parking 290 East Atlantic LLC, 66 SE 2nd Avenue, Delray Beach, FL 33444 is named additional insured for valet parking City of Delray, 100 NW 1st Ave, Delray Beach, FL 33444 is named additional insured for valet parking f`F RTIGI!`a7K i-Inl nFR CANCELLATION 270 E Atlantic Ave Delray Beach, FL 33444 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPfRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CJ 7y73$f -LU14 At.tI I,VKF`VKA I Ivry. All rignr5 re5erV4'U. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Web software. www.ForfnsBoss.com; 0 Impressive Publishing 800 - 288 -1977 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E., Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 9.B.2 - REGULAR COMMISSION MEETING OF MARCH 4, 2014 RENEWAL OF VALET PARKING LICENCE AGREEMENT - AVENUE BAR & GRILL, DB /A 32 EAST ITEM BEFORE COMMISSION The item before the City Commission is the approval of a renewal of the valet parking license agreement with Avenue Bar & Grill, d/b /a 32 East. BACKGROUND 32 East, located at 32 East Atlantic Avenue, has held a parking license agreement since the inception of the program in the mid 1990's. The valet parking program has undergone several modifications since the completion of the Parking Study in 2010, with the most recent changes taking place in January, 2014. It is noted, modifications to the agreement approved in the preceding agenda item have been incorporated into this agreement. The valet queue has operated with no notable issues and remains in good standing. REVIEW BY OTHERS The Parking Management Advisory Board has recommended approval of the renewal, and all modifications to, the parking license agreement. RECOMMENDATION By motion, approve the renewal of the valet parking license agreement with Avenue Bar & Grill d/b /a 32 East in accordance with the attached agreement. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ( "The Agreement ") is made this day of , 20, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY "), and The Avenue Bar & Grill, d /b /a 32 East, a Florida corporation ( "LICENSEE ") WITNESSETH: WHEREAS, it has been determined that valet barking in commercial areas can reduce issues caused by vehicular traffic, and WHEREAS. valet barking also increases the number of available barking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking, while being able to monitor its usage, and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non - exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them into this Agreement. 2. Valet Parking Queues. The CITY agrees to allow LICENSEE the non- exclusive use eight (8) parking spaces located on the south side of East Atlantic Avenue between Swinton and SE I't Avenues to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day between the hours of 5:00 PM and 2:00 AM, twelve months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and /or any valet operator hired by the LICENSEE will park cars in private parking lot leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and /or any valet operator hired by LICENSEE will not park any cars in on- street or off - street parking spaces owned and /or maintained by the CITY. Upon execution of this license agreement LICENSEE must provide the CITY with a lease agreement(s) and/er nt w r-44e naming the LICENSEE as the lessor for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and /or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit "A ". 5. Payment. LICENSEE agrees to pay the CITY One Hundred Eight and 15 /100 Dollars ($108.15) per space by the tenth (10th ) day of each month. This fee shall be increased by three percent (3 %) annually. A late fee of five percent (5 %) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet operator will be permitted to operate the queue. 4 LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non - interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only 1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) maybe assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Si2nne. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3 ") in height on valet stands and two inches (2 ") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his /her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2 ") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: a) Donation of Spaces: A neighboring business may provide, by lease or 3 otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50 %) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty -three percent (33 %) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years. If the LICENSEE has an account in arrears and /or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended .,,ithatit f „4i, °r ne4ce until required payment and /or documentation is received °r- inf,,-m ati - i - r . °'. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant Parking. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for M parking vehicles that have a valid ADA- compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and /or causes of action arising during the Term of this Lease for any personal injury, loss of life and /or damage to property sustained in or about the parking spaces /queues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and /or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such E litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on- street or off - street public parking spaces; b) Parking cars in the designated parking queues; c) Double - parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to- i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer, passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer, passerby or another employee. iii. Striking, hitting, kicking;, spitting at or on customers or other employees, visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. Con vi. Smoking in the presence of customers, in customer vehicles or within twenty -f�25) feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and /or wearing inappropriate attire for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through hrough stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his /her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: b) First violation of each offense: Second violation of each offense: Third violation of each offense: Fourth violation of each offense: Warning $200 $500 Termination of License A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation_ the date and the time of the violation_ and the brocedure to follow in order to bav the benalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 C) The LICENSEE may appeal the violation to the City Manager or his or her designee. r:r:�se:^: ee�E��r. �: e�s�rr��rrts�riszs'ss�e�srtsr*� r.� d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that, notwithstanding the foregoing, the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his /her designee. The use of an off -duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assi ng ment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE 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 d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE 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. 25. Inspector General. LICENSEE 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 LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees 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. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 28. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the I parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of ATTEST: City Clerk Approved as to form: City Attorney (CORPORATE SEAL) STATE OF COUNTY OF 20 THE CITY OF DELRAY BEACH, an Mayor LICENSEE: By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000 /$500,000 /$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises /operations including auto liability, independent contractors, broad form contractual liability, products /completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned /non - owned /hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B +, VIII or better, latest edition. 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E., Environmental Services Director THROUGH: Louie Chapman Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 9.B.3 - REGULAR COMMISSION MEETING OF MARCH 4, 2014 RENEWAL OF VALET PARKING LICENSE AGREEMENT - MAX'S HARVEST ITEM BEFORE COMMISSION The item before the City Commission is that of approving the renewal of a valet parking license agreement with Max's Harvest. BACKGROUND Max's Harvest, located at 169 NE 2nd Avenue, has held a valet parking license agreement since 2011. The valet parking program has undergone several modifications since the completion of the Parking Study in 2010, with the most recent changes taking place in January, 2014. It is noted, modifications to the agreement approved in the preceding agenda item have been incorporated into this agreement. The valet queue has operated with no notable issues and remains in good standing. REVIEW BY OTHERS The Parking Management Advisory Board has all modifications to, the parking license agreement. recommended approval of the renewal of, and RECOMMENDATION By motion, approve the renewal of the valet parking license agreement with Max's Harvest in accordance with the attached agreement. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ( "The Agreement ") is made this day of , 20, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY "), and Max's Harvest a Florida corporation ( "LICENSEE "). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic_ and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking, while being able to monitor its usage, and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non - exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them into this Agreement. 2. Valet Parking Queues. The CITY agrees to allow LICENSEE the non- exclusive use of three (3) parking spaces located at or near the east side of NE 2nd Avenue in front of 169 NE 2nd Avenue to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day between the hours of 5:00 PM and 2:00 AM, twelve months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and /or any valet operator hired by the LICENSEE will park cars in private parking lot leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and /or any valet operator hired by LICENSEE will not park any cars in on- street or off - street parking spaces owned and /or maintained by the CITY. Upon execution of this license agreement ands at the CITY's request, LICENSEE must provide the CITY with a lease agreement(s), naming the LICENSEE as the lessor for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and /or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit "A ". 5. Payment. LICENSEE agrees to pay the CITY One Hundred Eight and 15 /100 Dollars ($108.15) per space by the tenth (10th ) day of each month. This fee shall be increased by three percent (3 %) annually. A late fee of five percent (5 %) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one 1) valet operator will be permitted to operate the queue. LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking 4 queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non - interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) maybe assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Si2nne. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3 ") in height on valet stands and two inches (2 ") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his /her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2 ") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the 3 private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50 %) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty -three percent (33 %) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years. If the LICENSEE has an account in arrears and /or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended .. ithe„t ftti4 ne4ce until required payment and /or documentation is received °r- i fi f,,-,f,. ti - i - r . °'. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant Parking. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA- compliant license plate or hanging placard issued by any M state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and /or causes of action arising during the Term of this Lease for any personal injury, loss of life and /or damage to property sustained in or about the parking spaces /queues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and /or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. E 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on- street or off - street public parking spaces; b) Parking cars in the designated parking queues; c) Double - parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer, passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer, passerby or another employee. iii. Striking, hitting, kicking;, spitting at or on customers or other employees, visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. vi. Smoking in the presence of customers, in customer vehicles or within twenty -five 25) feet of customer waiting g reas. on vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and /or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. xi. Theft of personal property from Vehicles. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his /her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation_ the date and the time of the violation_ and the brocedure to follow in order to bav the benalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. C) The LICENSEE may appeal the violation to the City Manager or his or 7 her designee. d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that, notwithstanding the foregoing, the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his /her designee. The use of an off -duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all bublic records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keen and maintain all records that ordinarilv and necessarilv 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 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 LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from is records disclosure reauirements. All records stored electronicallv must be provided to the CITY in a format that is compatible with the information technology s of the CITY. All records shall be transferred to the CITY prior to final bavment being made to the LICENSEE. e) If LICENSEE 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. 25. Inspector General. LICENSEE 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 LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees 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. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 28. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of ATTEST: City Clerk Approved as to form: City Attorney (CORPORATE SEAL) STATE OF COUNTY OF 20 THE CITY OF DELRAY BEACH, Mayor LICENSEE: By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 20 , by (name of officer or agent, title of officer or agent), of MR (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida EXHIBIT "A" 10 INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000 /$500,000 /$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises /operations including auto liability, independent contractors, broad form contractual liability, products /completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned /non - owned /hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B +, VIII or better, latest edition. 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E. Environmental Services Director THROUGH: Louie Chapman Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 9.B.4 - REGULAR COMMISSION MEETING OF MARCH 4, 2014 RENEWAL OF VALET PARKING LICENSE AGREEMENT - LSMS INC. D /B /A TRAMONTI'S ITEM BEFORE COMMISSION The item before the City Commission is the approval of the renewal a valet parking license agreement for LSMS Inc., d/b /a Tramonti's. BACKGROUND Tramonti's, located at 111 East Atlantic Avenue, has held a valet parking license agreement since 2011. The valet parking program has undergone several modifications since the completion of the Parking Study in 2010, with the most recent changes taking place in January, 2014. It is noted, modifications to the agreement approved in the preceding agenda item have been incorporated into this agreement. The valet queue has operated with no notable issues and remains in good standing. REVIEW BY OTHERS The Parking Management Advisory Board has recommended approval of the renewal, and all modifications to, the parking license agreement. RECOMMENDATION By motion, approve the renewal of the valet parking license agreement with LSMS Inc., d /b /a Tramonti's in accordance with the attached agreement. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ( "The Agreement ") is made this day of , 20, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY "), and LSMS, Inc, d /b /a Tramonti a Florida corporation ( "LICENSEE "). WITNESSETH: WHEREAS, it has been determined that valet barking in commercial areas can reduce issues caused by vehicular traffic, and WHEREAS. valet barking also increases the number of available barking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking, while being able to monitor its usage, and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non - exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them into this Agreement. 2. Valet Parking Queues. The CITY agrees to allow LICENSEE the non- exclusive use of three (3) parking spaces located at or near the east side of NE 2nd Avenue in front of 25 NE 2nd Avenue to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day between the hours of 5:00 PM and 2:00 AM, twelve months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and /or any valet operator hired by the LICENSEE will park cars in private parking lot leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and /or any valet operator hired by LICENSEE will not park any cars in on- street or off - street parking spaces owned and /or maintained by the CITY. Upon execution of this license agreement an&ef at the CITY's request, LICENSEE must provide the CITY with a lease agreement(s), naming the LICENSEE as the lessor for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and /or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit "A ". 5. Payment. LICENSEE agrees to pay the CITY One Hundred Eight and 15 /100 Dollars ($108.15) per space by the tenth (10th ) day of each month. This fee shall be increased by three percent (3 %) annually. A late fee of five percent (5 %) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet operator will be permitted to operate the queue. 4 LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non - interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only 1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) maybe assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Si2nne. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3 ") in height on valet stands and two inches (2 ") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his /her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2 ") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: a) Donation of Spaces: A neighboring business may provide, by lease or 3 otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50 %) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty -three percent (33 %) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years. If the LICENSEE has an account in arrears and /or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended .,,ithatit f „4i, °r ne4ce until required payment and /or documentation is received °r- inf,,-m ati - i - r . °'. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant Parking. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for M parking vehicles that have a valid ADA- compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and /or causes of action arising during the Term of this Lease for any personal injury, loss of life and /or damage to property sustained in or about the parking spaces /queues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and /or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such E litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on- street or off - street public parking spaces; b) Parking cars in the designated parking queues; c) Double - parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to- i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer, passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer, passerby or another employee. iii. Striking, hitting, kicking;, spitting at or on customers or other employees, visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. Con vi. Smoking in the presence of customers, in customer vehicles or within twenty -f�25) feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and /or wearing inappropriate attire for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through hrough stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his /her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: b) First violation of each offense: Second violation of each offense: Third violation of each offense: Fourth violation of each offense: Warning $200 $500 Termination of License A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation_ the date and the time of the violation_ and the brocedure to follow in order to bav the benalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 C) The LICENSEE may appeal the violation to the City Manager or his or her designee. r:r:�se:^: ee�E��r. �: e�s�rr��rrts�riszs'ss�e�srtsr*� r.� d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that, notwithstanding the foregoing, the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his /her designee. The use of an off -duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assi ng ment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE 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 d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE 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. 25. Inspector General. LICENSEE 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 LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees 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. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 28. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the I parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of ATTEST: City Clerk Approved as to form: City Attorney (CORPORATE SEAL) STATE OF COUNTY OF 20 THE CITY OF DELRAY BEACH, an Mayor LICENSEE: By: Print Name: Title: The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida EXHIBIT "A" 10 INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000 /$500,000 /$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises /operations including auto liability, independent contractors, broad form contractual liability, products /completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned /non - owned /hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B +, VIII or better, latest edition. 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E., Environmental Services Director THROUGH: Louie Chapman Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 9.B.5 - REGULAR COMMISSION MEETING OF MARCH 4, 2014 RENEWAL OF VALET PARKING LICENSE AGREEMENT - CUT 432 ITEM BEFORE COMMISSION The item before the City Commission is that of approving the renewal of a valet parking license agreement with Cut 432 Restaurant. BACKGROUND Cut 432 Restaurant, located at 432 East Atlantic Avenue, has held a valet parking license agreement since 2009. The valet parking program has undergone several modifications since the completion of the Parking Study in 2010, with the most recent changes taking place in January, 2014. It is noted, modifications to the agreement approved in the preceding agenda item have been incorporated into this agreement. The valet queue has operated with no notable issues and remains in good standing. REVIEW BY OTHERS The Parking Management Advisory Board has recommended approval of the renewal, and all modifications to, the parking license agreement. RECOMMENDATION By motion, approve the renewal of the valet parking license agreement with Cut 432 Restaurant in accordance with the attached agreement. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ( "The Agreement ") is made this day of , 20, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY "), and Cut 432 Restaurant a Florida corporation ( "LICENSEE "). WITNESSETH: WHEREAS, it has been determined that valet barking in commercial areas can reduce issues caused by vehicular traffic, and WHEREAS. valet barking also increases the number of available barking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking, while being able to monitor its usage, and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non - exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them into this Agreement. 2. Valet Parking Queues. The CITY agrees to allow LICENSEE the non- exclusive use of three (3) parking spaces located at or near the west side of SE 4m Avenue just south of Atlantic Avenue to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day between the hours of 5:00 PM and 2:00 AM, twelve months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and /or any valet operator hired by the LICENSEE will park cars in private parking lot leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and /or any valet operator hired by LICENSEE will not park any cars in on- street or off - street parking spaces owned and /or maintained by the CITY. Upon execution of this license agreement an&ef at the CITY's request, LICENSEE must provide the CITY with a lease agreement(s) and/er a et --ent wr-44„n assur-anee, naming the LICENSEE as the lessor for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and /or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit "A ". 5. Payment. LICENSEE agrees to pay the CITY One Hundred Eight and 15 /100 Dollars ($108.15) per space by the tenth (10th ) day of each month. This fee shall be increased by three percent (3 %) annually. A late fee of five percent (5 %) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will 4 be shared proportionately. Only one (l) valet operator will be permitted to operate the queue. LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non - interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only 1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) maybe assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Si2nne. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3 ") in height on valet stands and two inches (2 ") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his /her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2 ") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following 3 ways: a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50 %) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty -three percent (33 %) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years. If the LICENSEE has an account in arrears and /or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended ..,ithetit ftti4 ,—until required payment and /or documentation is received er infef ati - i r- - -. ° a 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. M 13. ADA Compliant Parking. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA- compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and /or causes of action arising during the Term of this Lease for any personal injury, loss of life and /or damage to property sustained in or about the parking spaces /queues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and /or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE E against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on- street or off - street public parking spaces; b) Parking cars in the designated parking queues; c) Double - parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer, passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer, passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees, visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. Con V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. vi. Smoking in the presence of customers, in customer vehicles or within twenty -five 25) feet of customer waiting g reas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and /or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his /her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: b) First violation of each offense: Warning Second violation of each offense:— $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or 7 contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. C) The LICENSEE may appeal the violation to the City Manager or his or her designee. r:r:�se:^: ee�E��r. �: e�s�rr��rrts�riszs'ss�e�srtsr*� r.� d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that, notwithstanding the foregoing, the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his /her designee. The use of an off -duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chabter 119. Fla. Stat. In accordance with state law_ LICENSEE aurees 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 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 LICENSEE 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 technoloy systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE 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. 25. Inspector General. LICENSEE 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 LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees 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. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. I 28. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 20 ATTEST: City Clerk Approved as to form: City Attorney (CORPORATE SEAL) STATE OF COUNTY OF THE CITY OF DELRAY BEACH, Mayor LICENSEE: By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. 10 Signature of Notary Public — State of Florida EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000 /$500,000 /$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises /operations including auto liability, independent contractors, broad form contractual liability, products /completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned /non - owned /hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B +, VIII or better, latest edition. 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E., Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 9.B.6 - REGULAR COMMISSION MEETING OF MARCH 4, 2014 RENEWAL OF VALET PARKING LICENSE AGREEMENT - CAFFE LUNA ROSA ITEM BEFORE COMMISSION The item before the City Commission is the approval of a valet parking license agreement with Caffe Luna Rosa. BACKGROUND Caffe Luna Rosa, located at 24 South Ocean Boulevard (SR AIA), has held a parking license agreement since the inception of the program in the mid 1990's. The valet parking program has undergone several modifications since the completion of the Parking Study in 2010, with the most recent changes taking place in January, 2014. It is noted, modifications to the agreement approved in the preceding agenda item have been incorporated into this agreement. The valet queue has operated with no notable issues and remains in good standing. REVIEW BY OTHERS The Parking Management Advisory Board has recommended approval of the renewal, and all modifications to, the parking license agreement. RECOMMENDATION By motion, approve the renewal of the valet parking license agreement for Caffe Luna Rosa in accordance with the attached agreement. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ( "The Agreement ") is made this day of , 20, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "CITY "), and Caffe Luna Rosa a Florida corporation ( "LICENSEE "). WITNESSETH: WHEREAS, it has been determined that valet barking in commercial areas can reduce issues caused by vehicular traffic, and WHEREAS. valet barking also increases the number of available barking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking, while being able to monitor its usage, and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non - exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them into this Agreement. 2. Valet Parking Queues. The CITY agrees to allow LICENSEE the non- exclusive use of seven (7) parking spaces located at or near the south side of Atlantic Avenue between Salina Ave and SR AIA to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day between the hours of 11 AM to 10 PM weekdays, 10 AM to 10 PM Saturdays & Holidays and, 9 AM to 10 PM Sundays, twelve months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and /or any valet operator hired by the LICENSEE will park cars in private parking lot leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and /or any valet operator hired by LICENSEE will not park any cars in on- street or off - street parking spaces owned and /or maintained by the CITY. Upon execution of this license agreement an&ef at the CITY's request, LICENSEE must provide the CITY with a lease agreement(s) and/or- a °„t wr-44efl assur-anee, naming the LICENSEE as the lessor for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and /or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit "A ". 5. Payment. LICENSEE agrees to pay the CITY One Hundred Thirty Five and 19/100 Dollars ($135.19) per space by the tenth (10th ) day of each month. This fee shall be increased by three percent (3 %) annually. A late fee of five percent (5 %) will be charged after 4 this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (l) valet operator will be permitted to operate the queue. LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non - interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) maybe assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Si2nne. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3 ") in height on valet stands and two inches (2 ") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his /her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2 ") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following 3 ways: a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50 %) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty -three percent (33 %) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years. If the LICENSEE has an account in arrears and /or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended ..,ithetit ftti4 ,—until required payment and /or documentation is received er infef ati - i r- - -. ° a 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. M 13. ADA Compliant Parking. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA- compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1 st Avenue Delray Beach, Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and /or causes of action arising during the Term of this Lease for any personal injury, loss of life and /or damage to property sustained in or about the parking spaces /queues by reason or as a result of the use and occupancy of the parking spaces /queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and /or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE E against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on- street or off - street public parking spaces; b) Parking cars in the designated parking queues; c) Double - parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer, passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer, passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees, visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. Con V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. vi. Smoking in the presence of customers, in customer vehicles or within twenty -five 25) feet of customer waiting g reas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and /or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his /her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: b) First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or 7 contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. C) The LICENSEE may appeal the violation to the City Manager or his or her designee. r:r:�se:^: ee�E��r. �: e�s�rr��rrts�riszs'ss�e�srtsr*� r.� d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that, notwithstanding the foregoing, the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his /her designee. The use of an off -duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chabter 119. Fla. Stat. In accordance with state law_ LICENSEE aurees 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 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 LICENSEE 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 technoloy systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE 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. 25. Inspector General. LICENSEE 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 LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees 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. 27. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. I 28. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 20 ATTEST: City Clerk Approved as to form: City Attorney (CORPORATE SEAL) STATE OF COUNTY OF THE CITY OF DELRAY BEACH, Mayor LICENSEE: By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He /She is personally known to me or has produced (type of identification) as identification. 10 Signature of Notary Public — State of Florida EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000 /$500,000 /$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises /operations including auto liability, independent contractors, broad form contractual liability, products /completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned /non - owned /hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B +, VIII or better, latest edition. 11 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: February 19, 2014 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Code Enforcement Board. BACKGROUND There is a vacancy on the Code Enforcement Board due to Mr. Jason Whiteman being appointed for regular membership at the City Commission meeting on February 11, 2014. The term is unexpired ending January 14, 2016. Appointment is needed for one (1) alternate member. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. The following individuals have submitted applications and would like to be considered for appointment: Name Background Mark Behar Entrepreneur -Local Business /Property Investor Stanley Brodka Insurance- Regional Vice President Ross Freeman Retired Businessperson Dennis Guy Finance /Builder Iris McDonald Real Estate Development and Brokerage A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered, with the exception of Dennis Guy. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) alternate member to serve an unexpired term ending January 14, 2016. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2016. 02/14 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION Unexp Appt FILLING 01/14/2016 Jason Dollard Attorney Layperson Unexp Appt 4/21/11 Vacant Layperson Reappt 01/03/13 01/14/2016 Kevin Homer Insurance Layperson Appt 01/03/13 01/14/2017 Jason Whiteman Attorney Layperson Appt 2/11/14 01/14/2016 Ronald Gilinsky, Vice Chair Sales /Marketing Layperson Unexp Appt 09/06/11 Reappt01 /03/13 01/14/2015 Stephanie Sugar Regional Director Business Unexp Appt Person 11/01/11 Appt 01/03/12 01/14/2015 Robert Marks Chief Construction Layperson Unexp Appt Inspector 11/19/13 01/14/2015 David Boone, Chair Attorney /Educator Layperson Unexp Appt 03/01/11 Reappt01 /03/12 ALTERNATES 01/14/2016 DeAnna Longo Registered Nurse Layperson Unexp Appt 01/03/13 + 3 yr term 01/14/2016 Vacant Layperson Contact: Danise Cleckley 243 -7213 S /City Clerk /Board 13 /Code Enforcement Board i M N � / p / Z O w x w w U Boa a a a a 0 H ti w�a a a a a a a Boa a a a a a a ti •� w H V o � � O Son u N � ,�� O � i'r~ O N � ,= i �••i O\ � � O �_ � O � � O � 5 � �� y �+•I O O �./ O• N O O N O F+M � O O O a� a° � ��° •y a° �° a �wcnr�w cis G3 a��i° vii a��i Z i M N � / p / Z O w x w w U Boa a a a a 0 H ti w�a a a a a a a Boa a a a a a a ti •� w H V o � � O Son u N � ,�� O � i'r~ O N � ,= i �••i O\ � � O �_ � O � � O � 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Terrill Pyburn, Interim City Attorney DATE: February 28, 2014 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 ORDINANCE NO. 05-14 ITEM BEFORE COMMISSION The attached Ordinance No. 05 -14 is amending Section 36.04 "Protest Procedures" and Section 36.07, "Termination, Extension, and Renewal" of Chapter 36 "Acquisition of Goods and Services and Disposal of City Property". This ordinance is before you for second reading /public hearing at this time. BACKGROUND This ordinance amendment is before Commission for consideration to amend Section 36.04 "Protest Procedures" to provide that the City Manager or his/her designee must acknowledge bid protests within five (5) days of receipt, the bid protest committee must meet publicly as soon as possible or no later than twenty (20) days after receipt of a bid protest, and that the City Manager must provide the determination of the protest committee to all bidders, responders or bid protesters within ten (10) days after the protest committee meeting. Any appeals of the bid protest committee's determination shall be heard by the City Commission at the next available Commission meeting. This ordinance further clarifies that all purchase orders and contracts up to $24,999.99 approved by the City Manager may be terminated by the City Manager. RECOMMENDATION The City Attorney's office recommends approval of Ordinance No. 5 -14. ORDINANCE NO. 05 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 36.04, "PROTEST PROCEDURES ", TO PROVIDE FOR TIME REQUIREMENTS FOR THE CITY'S RESPONSE TO BID PROTESTS; AND AMENDING SECTION 36.07, "TERMINATION, EXTENSION, AND RENEWAL" TO CLARIFY WHICH CONTRACTS MAY BE TERMINATED BY THE CITY MANAGER; PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission believes that the City must respond to bid protests within a reasonable time; and WHEREAS, the City Commission finds it necessary to add time requirements to the bid protest procedures to ensure that the City responds to bid protests in a timely manner; and WHEREAS, the City Commission believes that all contracts subject to City Manager's approval shall also be able to be terminated by the City Manager 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 III, "Administration ", Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.04, "Protest Procedures ", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 36.04 PROTEST PROCEDURES. (A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. (B) Procedure. (1) Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non - responsive and /or non - responsible, the bidder, proposer or responder who is deemed non - responsive and /or non - responsible may file a protest with the Purchasing Manager by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. (2) Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. The Ci , Manager or his/her designee shall have five (5) days to acknowledge receipt of a bid protest. A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. (3) Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Purchasing Manager. The time stamp clock located in the Finance /Purchasing office shall govern. (C) Protest Bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. (D) Protest Committee. The Protest Committee shall review all protests at a public meeting as soon as possible or no later than twent� (20) days after a bid protest is filed. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission shall serve on the Protest Committee. The Protest Committee members shall not be the same as the Evaluation Selection Committee members. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. The protest appeal shall be heard at the next available City Commission meeting, All of the actual bidders, responders or proposers shall be notified of the determination by the Protest Committee no later than ten (10) days after the Protest Committee meeting. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (E) Stay of award of Agreement or Sealed Competitive Method. In the event of a timely protest, the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation 2 ORDINANCE NO. 05 -14 of the Sealed Competitive Method is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. (F) Appeals to City Commission. Any actual bidder, proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. (G) Failure to file protest. Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the City Commission's award. Section 2. That Tide III, "Administration ", Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.07, "Termination, Extension, and Renewal" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 36.07 TERMINATION, EXTENSION AND RENEWAL. (A) City Commission approved contracts. (1) Termination. Contracts approved by the City Commission may be terminated only by the City Commission. If the City Manager desires to terminate a City Commission approved contract, the City Manager may suspend the work under the contract until the City Commission makes a final determination. (2) Extensions. The City Manager may extend a City Commission approved contract for up to 90 days. The extension of any City Commission approved contract for longer than 90 days shall be subject to prior approval by the City Commission. In the event of an Emergency, the City Manager may extend a City Commission approved contract without City Commission approval, subject to later ratification by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Commission approval and provides for one or more renewals by affirmative action of the City, only the City Commission may approve such renewals. (4) Suspensions. The City Manager may suspend a City Commission approved contract for up to 90 days. Suspension of a City Commission approved contract for longer than 90 days shall be subject to City Commission approval. 3 ORDINANCE NO. 05 -14 (B) City Manager approved contracts. For purposes of this section, City Manager approved contracts shall include all contracts and purchase orders up to $24.999.99 approved b Department Heads and the Ci , Manager. (1) Termination. Contracts that were approved by the City Manager and not approved by the City Commission may be terminated by the City Manager. (2) Extensions. The City Manager is authorized to extend for up to 120 days any contract entered into by the City that was not approved by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Manager approval and provides for one or more renewals by affirmative action of the City, the City Manager is authorized to approve such renewals without City Commission approval. (4) Suspensions. Contracts that were not approved by the City Commission may not b e suspended by the City Manager. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective upon its passage 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 ORDINANCE NO. 05 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Terrill C. Pyburn, Interim City Attorney DATE: February 10, 2014 SUBJECT: AGENDA ITEM SP.13 - SPECIAL MEETING OF FEBRUARY 11, 2014 ORDINANCE 05 -14 Page I of I ITEM BEFORE COMMISSION The attached Ordinance 05 -14 is amending Section 36.04 "Protest Procedures" of Chapter 36 "Acquisition of Goods and Services and Disposal of City Property ". BACKGROUND This ordinance amendment is before Commission for consideration to amend Section 36.04 "Protest Procedures" to provide that the bid protest committee must meet publicly as soon as possible or no later than thirty (30) days after receipt of a bid protest and that the City Manager must provide the determination of the protest committee to all bidders, responders or bid protesters within ten (10) days after the protest committee meeting. RECOMMENDATION The City Attorney's Office recommends City Commission approval. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7593 &MeetingID =496 2/19/2014 MEMORANDUM TO: Mayor and City Commissioners FROM: Louie Chapman, Jr., City Manager DATE: February 28, 2014 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF MARCH 4, 2014 ORDINANCE NO. 03-14 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi-judicial hearing to consider a privately- initiated small -scale Future Land Use Map (FLUM) amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an associated amendment to the FLUM to identify that the property is included within the Southwest Neighborhood Overlay District, a parcel of land located on the south side of S.W. 1st Street, between S.W. 1st Avenue and S.W. 2nd Avenue within the Coda Development. BACKGROUND At the first reading on February 24, 2014, the Commission passed Ordinance No. 03 -14. RECOMMENDATION Recommend approval of Ordinance No. 03 -14 on second and final reading. ORDINANCE NO. 03 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN (TRANSITIONAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU /AC) FOR LAND LOCATED ON THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE AND SW 2" AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN AND AN ASSOCIATED AMENDMENT TO THE FUTURE LAND USE MAP TO IDENTIFY THAT SAID PROPERTY IS INCLUDED WITHIN THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act "; and WHEREAS, via Ordinance No. 82 -89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida "; and WHEREAS, New Urban Lighthouse, LLC is the fee simple owner of the property located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); and WHEREAS, New Urban Lighthouse, LLC, has requested an amendment to the Future Land Use Map to modify the Southwest Neighborhood Overlay District to include said property located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue; and WHEREAS, at its meeting of January 27, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the request be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings of the Planning and Zoning Board; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as MD (Medium Density Residential 5 -12 du /ac) for the following described property: The North 131 feet of Coda, according to the Plat thereof as recorded in Plat Book 108, Pages 11 through 12 of the Public Records of Palm Beach County, Florida. Section 3. That the Future Land Use Map is hereby amended to modify the Southwest Neighborhood Overlay District to include said herein described property located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue. Section 4. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Future land Use Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 and Section 3 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 03 -14 Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty -one (3 1) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD NO. 03 -14 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Interim Director of Planning and Zoning THROUGH: Louie Chapman, Jr., City Manager DATE: February 11, 2014 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF FEBRUARY ORDINANCE NO. 03 -14 ITEM BEFORE COMMISSION Page 1 of 2 2014 The item before Commission is consideration of a privately - initiated small -scale Future Land Use Map amendment for a 0.86 acre parcel located within the Coda Development. The proposed request includes changing the Future Land Use Map designation from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District. The subject property is located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue. BACKGROUND The overall Coda development contains 2.45 acres. The subject area measures 0.86 acres and is vacant in part (north 0.62 acre). The south 0.24 acre portion of the subject parcel is improved with a driveway and parking area. Prior to September 2004, the entire Coda Development was zoned RM (Medium Density Residential) District and was designated MD (Medium Density Residential 5 -12 du /ac) on the Future Land Use Map. At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a portion (0.24 acres) of http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 7599 &MeetingID =475 2/28/2014 Coversheet Page 2 of 2 the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed - use building that accommodated 19,448 square feet of gross office floor area on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. The mixed -use building was never constructed and that portion of the site has remained vacant. The current proposal for development of the subject property is to construct 16 townhomes for a total of 52 townhomes within the development. An attendant rezoning from RO (Residential Office) to RM (Medium Density Residential 5 -12 du /ac) and an amendment to the Land Development Regulations to expand the Southwest Neighborhood Overlay District map to include the subject property are being processed in order to accommodate the proposed development. REVIEW BY OTHERS At its meeting of January 27, 2014, the Planning and Zoning Board held a public hearing and recommended approval on a 7 to 0 vote of the Future Land Use Map amendment from TRN to MD and the associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District. RECOMMENDATION Approve on first reading Ordinance 03 -14, the privately initiated small -scale Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District for a 0.86 acre parcel of land located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue within the Coda Development, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 7599 &MeetingID =475 2/28/2014 PLANNING AND ZONING BOARD I CITY OF DELRAY BEACH --- STAFF REPOZT-- MEETING DATE: January 27, 2014 ITEM: Privately- initiated small -scale Future Land Use Map amendment from TRN (Transitional) 'to MD (Medium Density Residential 5 -12 du/ac); and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District; and Rezoning from RO (Residential Office) District to RM (Medium Density Residential) District for a parcel of land located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue within the Coda Development. (Quasi - Judicial Hearing). GENERAL. DATA: Owner /Applicant ...................... Agent....... ............................... Location . ............................... _ Property Size .......................... Existing FLUM Proposed FLUM Existing Zoning Proposed Zoning Adjacent Zoning New Urban Lighthouse, LLC Tim Hernandez Located on the south side of SW 1St Street, between SW 1 St Avenue and SW 2nd Avenue 0.86 Acres (Area of FLUM) 0.62 Acres (Area of Rezoning) TRN (Transitional) MD (Medium Density Residential 5- 12 dulac) RO (Residential Office) RM (Medium Density Residential) .......North: CF (Community Facilities) East: OSSHAD (Old School Square Historic Arts District) South: RM (Medium Density Residential) West: CF (Community Facilities) Existing Land Use ...................... Vacant Proposed Land Use .................... Construct 16 townhomes Water Service ............................. Available via connections on SW 1 St Street Sewer Service ............................. Sewer service is available via connections to existing sewer lines within the developed portion of the site to the south OARD IT.E B��ORE THE B IyAr The item before the Board is that of making a recommendation to the City Commission on a privately- initiated small -scale Comprehensive Plan /Future Land Use Map amendment and rezoning for Coda, located on the south side of SW 1St Street, between SW 1St Avenue and SW 2nd Avenue. The small -scale Comprehensive Plan amendments consist of a Future Land Use Map change from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac) and modifying the Future Land Use Map to reflect an expansion of the Southwest Neighborhood Overlay District to include the subject property. The associated rezoning consists of a zoning change from RO (Residential Office) to RM (Medium Density Residential). Pursuant to Section 2.2.2(1;)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to amendments to the Future Land Use Map or the Rezoning of any property within the City. The overall development contains 2.45 acres and is divided into two future land use map categories and two zoning districts, namely Transitional and Medium Density Residential; and, Residential Office and Medium Density Residential zoning districts. The subject area of this action has a Future Land Use Map designation of TRN (Transitional) and is zoned RO (Residential Office) and is vacant. The remaining site is designated MD (Medium Density Residential 5 -12 dulac) on the Future Land Use Map and is zoned RM (Medium Density Residential) and contains thirty -six (36) townhomes. The following is provided with respect to the land use history of this development: At its meeting of September 21, 2004, the City Commission approved a Small -Scale Future Land Use Map amendment from MD (Medium Density Residential 5 -12 du /ac) to TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO (Residential /Office) for the north 0.86 acre of the Coda development site. This action was in conjunction with a development proposal to accommodate a mixed -use building at the north end of the site. On January 3, 2006, the City Commission adopted Ordinance 80 -05, rezoning a portion of the 0.86 RO (Residential Office) parcel to RM (Medium Density Residential). This rezoning was requested as the developer discovered that the land area zoned RM did not meet the proposed density requirements. Concurrently, the City Commission approved a conditional use request to allow an increase above 12 dwelling units per acre (19.6 du /ac proposed) pursuant to the City's FamilylWorkforce Housing Ordinance on the RM portion of the site. On February 22, 2006, the Site Plan Review and Appearance Board approved a Class V site plan to construct a 3 -story mixed -use building that accommodated 19,448 square feet of gross office floor area on the first and second floors and four 2- bedroom loft units together with 36 stand -alone townhouse units. Subsequent to these approvals, several minor site plan modifications have been processed during the construction of the residential units. The current proposal for development of the property is to construct 16 townhomes. The small - scale Future Land Use Map amendments and rezoning, currently before the Board, are necessary to accommodate the proposed use. Additionally, in order to obtain a density in excess of 12 units per acre (21.22 units per acre proposed) under the proposed RM zoning, the applicant is seeking a concurrent amendment to the Land Development Regulations to expand Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 2 of 12 the Southwest Neighborhood Overlay District map exhibit to include the subject property, as well as a concurrent conditional use request, which are being processed separately. FUT,UrRE, LAND USE MAP. 'AMEN,DME.NT, ANALYSIS Current Land Use Desi nation: The current Future Land Use Map designation for the subject property is TRN (Transitional). Requested Land Use Desi nation; The requested Future Land Use Designation is MD (Medium Density Residential 5 -12 dulac) REQUIRED FINDINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. © Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Based on past Future Land Use Map amendments and rezoning actions the area subject to the FLUM amendment action is 0.86 acres (however, with the adoption of Ordinance 80 -05, which rezoned 0.21 acres of the 0,86 acre site, the area now being rezoned is 0.62 acres). The proposed Future Land Use Map amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site - specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. Planning and Zoning Board Staff Report --- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 3o €12 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). This is the third amendment for 2013, which results in a cumulative total of 2.09 acres for these three small -scale amendments (0.49 acres + 0.74 acres + 0.86 acres = 2.09 acres), thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the goals, policies, and objectives of the Comprehensive Plan_ The request is to process a change to the Future Land Use Map for a site - specific vacant parcel of land which is part of a larger subdivision. The applicant has indicated that sixteen townhomes will be built on the property. The subject property is not located within an area of critical state concern, but will include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions. The proposed land use change is to accommodate Medium Density Residential uses which provide for a density in excess of 12 units per acre subject to the provision of family workforce housing for the future development of the parcel. The existing RO (Residential Office) zoning and TRN (Transitional) FLUM designation does not allow a density in excess of 12 units per acre within this geographic area of the City. Pursuant to LDR Section 4.4.6 the RM (Medium Density Residential) zoning district provides a residential zoning district with flexible densities having a base of 6 units per acre and a maximum of 12 units per acre except within the Southwest Neighborhood Overlay District and the Carver Estates Overlay District where the maximum density is 24 units per acre, and within the Infill Workforce Housing Area, where the maximum density is 18 units per acre. Pursuant to LDR Section 4.4.6 (B)(3) multiple family structures are principal (permitted) uses. Policy A -7.1, Future Land Use Element states "The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program ". The applicant is requesting an amendment to modify the boundaries of the Southwest Neighborhood Overlay District as depicted in the geographic map pursuant to [LDR Section 4.7.1(p)] to include the subject property. This would allow for an increase in density from 12 units per acre to a maximum of 24 units per acre subject to the approval of a conditional use request and the provision of workforce housing units. The LDR text amendment and conditional use applications are being processed separately. Policy A -7.2 Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri -rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The 1- 951CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10th Street Overlay District shall have a maximum density of 12 units per acre. • The l=our Corners Overlay District shall have a maximum density of 30 units per acre. Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 4 of 12 ® All other Overlay Districts shall have a maximum density of 18 units per acre. The Future Land Use Map amendment action also includes modifying the map to reflect that the subject parcel is included within the Southwest Neighborhood Overlay District as shown on the attached map exhibits. The applicant is proposing a density of 21.22 units per acre which is consistent with the maximum density of 24 units per acre. As an increase in density is allowed within the MD Future Land Use designation through the Workforce Housing "Density Bonus Program ", within the Southwest Neighborhood Overlay District based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. ❑ Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency as defined pursuant to Objective B -2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs (including public schools), of the requested land use and/or development application, will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of needed capital improvements to maintain the Levels of Service Standards established in Table CI -GOP -1 of the adopted Comprehensive Plan of the City of Delray Beach. Water_ Water service is available via connections to an existing 8" water main located within the SW 1st Street right -of -way. Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. Potable water demand projections, credits for the use of reclaimed water and the total excess /deficit for the years 2010 through 2030 are given in the following table. The City's Utilities Department has indicated that adequate capacity exists to service the subject property at its maximum development potential proposed with this FLUM Amendment Potable Water Demand Projections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use ( pd) ) 240 240 240 240 240 Avg. Daily Demand (MG) 16.64 17.88 19.47 19.74 19.81 Permit Base Condition (MGD ) 19.00 19.00 19.00 19.00 19.00 Excess /(Deficit) (MGD) 2.36 1.12 (0,47) {0.74) (0.81) Alternative sources Reclaimed Water Credits for Ground Water Demand Removal 1.08 1.895 1.895 1.895 1.895 Potable demand removal 039 0.84 0.84 0.84 0.84 Total Excess /Deficit 3.83 3.85 2.27 2.00 1 92 Planning and Zoning Board Staff Report -- January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 5 of 12 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Sewer. Sewer service is available via connections to existing sanitary sewer lines within the developed portion of the site to the south. Adequate capacity is available in the City's water and wastewater systems to meet the demand, the proposed FLUM amendment will not impact the level of service standard. Traffic: An analysis of the traffic impacts associated with the maximum development potential for both the existing and proposed Future Land Use Map designations and zoning were conducted. The study notes that the approved development of 17,780 sq. ft. of net office use area with 4 residential units under the current RO zoning would generate 385 average daily trips. Additionally, under the current RO zoning, the maximum potential development for the site is 26,670 square feet of medical office which would generate 964 average daily trips. While the current proposal of 16 townhouse units generates 112 average daily trips, the maximum development potential under the MD designation is 20 multi - family units (24 units per acre (maximum) x 0.86 acres) which generate 140 average daily trips. Based on the above traffic generation rates, the traffic study concludes that the traffic to be generated with the_ redevelopment of the site under the MD land use designation and RM zoning under its maximum potential will be significantly less than the trips either by the approved mixed -use building or the maximum potential traffic that could be generated under the existing RO zoning district and correspondingly under the TRN land use designation. Drainage_ Within this area of the City, drainage is usually accommodated on -site via exfiltration trench systems or swale retention areas. While no problems are anticipated with obtaining South Florida Water Management District permits, technical comments and issues pertaining to the drainage will be addressed during the conditional use and site plan process. Parks and Open Space. The Open Space and Recreation Element of the City's Comprehensive Plan indicate in its conclusion that "The City will have sufficient recreation facilities at build -out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public, golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Additionally, a park impact fee is collected to offset any impacts that a residential 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 Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 6 of 12 each residential unit at the time a project is presented for approval at the Building Department. This item will be addressed during the Site Plan Review process. Education School Concurrenc : The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District and a written finding of approval from the School District has been provided. Based upon the above, positive findings can be made with respect to this level of service standard. Solid Waste: As shown on the following table, with the proposed amendment, the maximum development potential of the property would result in a net decrease of 42.1 tons per year in solid waste generation. Existing ❑euelopment'Under, y ns tonal Maxamurn Development Potentiak Uesi nation UnderMedrum,I7enSit 19,448 sq. ft. @ 5.4 lbslsq, ft. =52.5 tons per year plus 0.8 per unit X 4 units =3.2 tons 20 MF Units @.52 tons /year = 10.4 tons per year = Total 55.7 tons per year In its annual capacity letter, dated January 7, 2013, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J -5- 005 (4)," Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately 2046. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. LJ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policy A -7.7: Amendments to the FLUM must be based , upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space, nor shall it apply to FLUM changes associated with annexations when the City's Advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the Advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The Applicant has provided the following statement: "This request is to re- designate the north portion of the subject property from TRN to MD to allow the construction of 16 additional townhomes as Coda on the north potion of the site which was originally planned for a mixed -use (office /residential) building. The entire site was originally zoned RM, but was rezoned to RO to permit the construction of a three story mixed use building with office on the first and second floors and 4 residential units on the third floor. The townhome portion of Coda, with 36 units is now complete. The application will result in a 52 -unit townhome development when completed. The townhome development will match the Bermuda style architecture of the first 36 townhomes, with white tile roofs, balconies and porches. The development of the property will further stabilize the surrounding neighborhood and will be consistency with the Housing Element, Goal Area A." The requested MD FLUM designation will allow residential uses similar in density and character with the remaining portion of the Coda development. The proposed land use map change is more consistent with the existing character and residential nature of the development. These circumstances demonstrate a need for the requested zoning and FLUM change. Future Land Use Element Ob "ective A -': 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 significant environmental characteristics to the subject property. The future development of the property based upon the proposed MD land use map designation and RM zoning will be complimentary to the adjacent land uses which consist of multiple - family residential uses to the south, a mixed -use (restaurant /hotel) development to the east, the South County Courthouse parking garage and parking lot to the north and the South County Courthouse to the west. While it will eliminate the provision of much needed Class A office space, it will provide for the consistent build -out of the Coda development, the provision of additional workforce housing units within the Southwest Neighborhood Overlay District as discussed in greater detail with Future Land Use Element Policies C -1.7. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A -1. Policy C -1.7 The following pertains to redevelopment of the Southwest Neighborhood Area: Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 8 of 12 This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub -areas based upon current and proposed land uses. The sub -areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub -area #5. Sub -area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The proposed FLUM amendment and rezoning is associated with an overall development proposal which will provide sixteen new townhouse units, including two new workforce housing units. While the proposal eliminates the potential for Class A office space, the site has remained vacant and this zoning change will allow the build -out of a residential development that has provided a substantial redevelopment in the Southwest Neighborhood area. 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. As indicated above, prior to the adoption of Ordinance No. 47 -04 on September 21, 2004, the property had a MD Future Land Use Map designation. The adoption of the Transitional designation was accomplished to accommodate a specific development proposal that included office uses. Reverting back to the MD designation will not result degradation of the neighborhood as impacts such as traffic and solid waste will be reduced and no odors or dust will be generated by the proposed use. ❑ Compliance with LDRs: Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 9 of 12 applicationfrequest. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. The applicant has submitted a development proposal for the construction of 16 townhomes which will be reviewed for compliance with the provisions and requirements of the Land Development Regulations as part of the conditional use and site plan process. ❑ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the "Rezoning Analysis" section under findings for Section 3.2.2 (Standards for rezoning Actions) the requested RM (Medium Density Residential) zoning and MD (Medium Density Residential) FLUM designation will be compatible with existing and future land uses of the surrounding area and a positive finding with respect to compatibility can be made. LAND DEVELOPMENT REGULATIONS CHAPTER 3— PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. REZONING, A „NALYSIS Section 3.2.2 (Standards for o Rezoning Actions): Standards "A” "B ", "C ", and "E" are not applicable with respect to this rezoning request. The applicable performance standard of LDR Section 3.2.2 is as follows: Standard "D" "That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse from the new use. Existing land uses Zoning Designation Land Uses North Community Facilities (CF) Palm Beach County Courthouse Parking Gara e South Medium Density Residential (RM) Multiple Family Residential - Coda Development West Community Facilities CF South County Courthouse East Old School Square Historic Arts District OSSHAD Restaurant/Hotel (Sundy House) Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 10 of 12 The proposal will rezone the 0.62 acres from RO to RM. The rezoning action is an expansion of the existing RM northward within the boundaries of the Coda Development. No compatibility issues have been identified with the CF zoning /uses to the north and west and the OSSHAD zoning /uses to the east. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed rezoning can be found to be in compliance with Section 3.2.2(D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following justification statement based on items (a) and (c) above: (a) Change in circumstances: "There has been a change in zoning which makes the current zoning inappropriate. The property was originally zoned RM. A rezoning application was processed to allow for the construction of a mixed -use office /residential building on the site. Despite marketing the property for 8 years, the applicant has been unable to secure a user or obtain financing to build a speculative office building." (b) Zoning is of similar intensity as allowed and the FLUM designation is „ -a more appropriate category: "The requested zoning is of similar intensity as allowed under the Future Land Use Plan and it is more appropriate for the property based upon circumstances particular to the site and neighborhood. The applicant has completed the construction of the townhomes component of the community. The residents of the existing townhomes at Coda strongly support the rezoning of the parcel to allow the construction, as they believe an all residential community will be more secure, more attractive and will best enhance their property values.” The RM zoning is consistent with the zoning of the residential properties within the Southwest Neighborhood Overlay District and will be similar in intensity as the remaining portion of the development. As indicated in the Concurrency section of this report, the traffic generated by the proposed development will be far less than that which would be generated by the approved mixed -use building. No safety issues have been identified with the existing development, the build -out of the remainder of the site will infill the vacant tract across from the parking garage and will provide a continuity of uselactivities extending from Atlantic Avenue. This will improve the safety of the area and should serve to further stabilize the area. Based on the above, a positive finding can be made with respect to LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 11 of 12 IPA P(' Aintice- On December 19, 2013, notice of the Comprehensive Plan Amendment was provided to the lnterlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. CommunitZ Redevelo meet Agency CRA): The Delray Beach Community Redevelopment Agency (CRA) reviewed the proposed rezoning at its meeting of November 7, 2013 and recommended approval. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: • Delray Citizens Coalition Ebony Homeowners Association Public Notices: Formal public notice has been provided to property owners within a 500` radius of the subject property. Letters of objection and /or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment and rezoning will result in the overall Coda development having the same Future Land Use Map and zoning designations and will be similar in intensity as the remaining portion of the development. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the FLUM amendment from TRN to MD and the rezoning of the subject property from RO to RM can be recommended for approval. A. Move a recommendation of approval to the City Commission for the request for a small - scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 322 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du /ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM Planning and Zoning Board Staff Report — January 27, 2014 Coda — Future Land Use Map Amendment and Rezoning Page 12 of 12 (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and Southwest Area Neighborhood Redevelopment Plano and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move to postpone a recommendation of approval or denial and continue the requests for the subject property with direction. STAFIF RE'COMMEN,DATION -; Staff recommends that the Planning and Zoning Board moves a recommendation of approval to the City Commission for the request for a small -scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from TRN (Transitional) to MD (Medium Density Residential 5 -12 du/ac); an associated amendment to the Future Land Use Map modifying the Southwest Neighborhood Overlay District to include the subject property; and rezoning from RO (Residential Office) to RM (Medium Density Residential) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Redevelopment Plan, and does meet the criteria set forth in Sections 2.4.5(D)(5), 3. 1.1 and 3.2.2 of the Land Development Regulations. Report prepared by Jasmin Allen, Planner Attachments: • Existing and Proposed Future Land Use maps • Existing and Proposed Maps of the Southwest Neighborhood Overlay District • Existing and Proposed Zoning District maps �0 v W ffmq Al � D CODA s A � SUBJECT AREA � CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r �"--i EXISTING FUTURE LAND USE MAP a� � . .. . ....... . � SUBJECT CODA e A� AREA � � CODA ® PLANNING AND ZONING BOUNDARY AREA DEPARTMENT PROPOSED FUTURE LAND USE MAP `o _ �M •S c WIN Lk 3 0 CL Z JAV Q "s. F Q i $ Q K U .r, O -311tl MS m in Ni�r$i^'�'!� e }„ in o LLLL Y O z WN ° i MN fi u r: M'S rV z 30 •w.r p- �' I Spay - ".J'�'' �.S ' _�" ^ �'kY ";,'�... ❑ Z - LL x§'�sk `� ❑8 rA M"5 F M 'HID HIS •M-N a `L' axs . -M'S O pm may, k4, n; L3 W 1 -,. , Vl '3nv � �H .�'��,�� 2.. WS � c �� M'Nrvs ALILI CE 1 O IN ow -M -N S ry %ic a` 'M'S Ille. m S, E, 2ND ��I SUBJECT AREA CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT EXISTING ZONING MAP T L A N T I C > �s SUBJECT AREA N CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT r -1 PROPOSED ZONING MAP MiRNV4=1 M1,1016=14111 A T L A N T I C A V E w w z > w LLJ Q > > Q Q S.W. 1ST ST. S. E. 1ST ST. Q w Lei Q Q o � o z cn � CV z O c w IT c, F7 —1 z S. W. 2ND ST. S.E. 2ND ST. IL I vi u� -- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1000 - 1500 \LM1445_Coda Rezoning � N SUBJECT AREA CODA PLANNING AND ZONING BOUNDARY AREA DEPARTMENT FUTURE LAND USE MAP