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09-04-14 Regular Meeting City of Delray Beach • Regular Commission Meeting Thursday, September 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 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. Swearing-In of New Police Chief Jeff Goldman 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 8. CONSENT AGENDA: City Manager Recommends Approval A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) MAN CON, INC.: Approve Contract Closeout (Change Order No. 1/Final) in the amount of$199,623.11 decrease and final payment in the amount of $37,654.31 to Man Con, Inc. for completion of the Reclaimed Water Area 12A, Phase 11 Project (Bid No. 2014-14). This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders within the Scope of Work". B. SERVICE AUTHORIZATION NO. 12-06/DAVID MILLER & ASSOCIATES, P.A.: Approve Service Authorization No. 12-06 with David Miller & Associates, P.A. in the amount of $23,300.00 for professional services related to the Merritt Park Renovations (Project No. 14-052). This is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(3), "Professional Services". Funding is available from 117-4151-572-63.40 (Recreation Impact Fee FD: Improvements Other/Recreational Improvements) and 117-0000-366-70.00 (Recreation Impact Fee FD: Community Redevelopment Agency). C. INCREASE EXPENDITURE LIMIT/LHOIST NORTH AMERICA OF ALABAMA, LLC.: Approve an increase in the expenditure limit with Lhoist North America of Alabama, LLC. in the amount of $900,000.00 for the purchase and delivery of bulk quicklime via the City_ of Boynton Beach Bid No. 009-2821-13/JMA. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8), "Cooperative Acquisitions". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). D. RETROACTIVE APPROVAL OF PRIOR PURCHASES AND INCREASE TO SPENDING LIMIT/J.C. WHITE: Approve retroactively prior purchases by HON Company and distributed locally by JC White under the Florida Department of Manallement Services Contract 425-001-12-1 competitively bid via ITB 17-425-001-F in the amount of $26,938.50 and authorization to increase the spending limit to an amount not to exceed $37,500.00 for office furniture manufactured. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts" and Section 36.03(B) "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 115-2112-521-64.10 (Special Projects Fund: Machinery/Equipment/Office Furniture/Fixtures) and 441-5111-536-64.10 (Water and Sewer Fund: Machinery/Equipment/Office Furniture/Fixtures). E. SPENDING LIMIT INCREASE/ACE HARDWARE: Approve a spending limit increase with Ace Hardware in an amount not to exceed $30,000.00 for tools, hardware and supplies to be purchased by various multiple departments. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from multiple accounts. F. LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC.: Approve renewal of a Landscape Maintenance Agreement with Complete Property Services of South Florida, Inc. in the amount of $29,180.00 for Atlantic Avenue Gateway Feature (Bid No. 2013-33). This is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals". Funding is available from 119-4144-572-46.40 (Beatification Trust Fund: Repair & Maintenance Services/Beautification Maintenance). G. RENEWAL OF UMBRELLA AGREEMENT FOR BANKING SERVICES/BANK OF AMERICA, N.A.: Approve renewal of an umbrella banking agreement with Bank of America, N.A. (Village of Wellington ITN #023-08/JWV) to provide banking services through September 30, 2016. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals". Funding is available from 001-1511-513- 31.90 (General Fund: Professional Services/Other Professional Services) and 441-5112- 536-31.90 (Water and Sewer Fund: Professional Services/Other Professional Services). H. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (CRA): QUIET TITLE TO AN ALLEYWAY IN BLOCK 13: Approve Amendment No. 1 to the Interlocal Agreement with the Community Redevelopment Agency (CRA) to Quiet Title to the Block 13 Alleyway which was conveyed to the City y a County Deed dated March 11, 2014. I. PROCLAMATIONS: 1. Attendance Awareness Month — September 2014 J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 11, 2014 through August 22, 2014. K. AWARD OF BIDS OF CONTRACTS: 1. Bid award to multiple vendors in an amount not to exceed $200,000.00 for medical supplies and medications to be ordered "as needed" throullh Cooperative Bid No. 051-2210-14 with the City of Boynton Beach. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8), "Cooperative Acquisitions". Funding is available from 001-2313-522-52.16 (General Fund: Operating Supplies/EMS Supplies) and 001-2315-526-52.16 (General Fund: Operating Supplies/EMS Supplies). 2. Purchase award to Southeastern Pump Corporation (Bid No. 2014-37) in an annual amount not to exceed $83,000.00 for the purchase and supply of submersible wastewater pumps for Wastewater Lift Stations. This award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is available from 441-5144-536-46.20 (Water and Sewer Fund: Repair and Maintenance Service/Equipment Maintenance). 3. Contract award to T.V. Diversified, Inc. in the amount of $90,378.00 for rehabilitation of three (3) lift stations located in the Verona Woods subdivision, Hamlet subdivision and Chateau Woods subdivision as part of the annual Lift Station Rehabilitation program (Bid No. 2014-40). This is in accordance with Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is available from 442-5178-536-68.15 (Water & Sewer Renewal & Replacement Fund: Improvements Other: Lift Station Rehabilitation). 4. Lease award to Bancorp/Mears Motor Leasing (RFP# 2014-29) for nine (9) Volunteer vehicles in the amount of$288.69 a month per vehicle for the first year of the lease; the second and third year cost will be slightly less at $280.41 and $273.66 per vehicle per month, respectively. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 001-2111-521-44.40 (General Fund: Rentals & Leases/Vehicles Rentals/Lease) and 001-2111-521-46.31 (General Fund: Repair & Maintenance Services/Vehicle Maintenance—Other). 5. Purchase award to CDW-Government, Inc. in the amount of $62,934.41 via Western States Contracting Alliance Contract #B27172 250-WSCA-10-ACS for eleven (11) in-car video cameras. Funding is available from 001-2115-521-64.90 (General Fund: Machinery/Equipment/Other Machinery Equipment). a. RESOLUTION NO. 49-14: Approve Resolution No. 49-14; authorizing the purchase of in-car video cameras from CDW-Government, Inc. pursuant to a competitively bid contract between the vendor and the Western States Contracting Alliance; declaring by a four-fifths affirmative vote that the City's "Sealed Competitive Method" or "Written Quotations Procurement Method" for the purchase is not in the best interest of the City. 6. Purchase award to Florida Bullet, Inc. in the amount of $17,097.20 for ammunition needs for the SWAT team training and on duty use. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(6)(b), "City Standard" and Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year". Funding is available from 001-2115-521-52.19 (General Fund: Machinery/Equipment/Other Machinery/Equipment). 7. Purchase award to Strobes-R-Us in an amount not to exceed $38,000.00 pursuant to the terms of City of Sunrise Contract No. 11(06)-01-01-01-19 W for the purchase and installation of vehicle equipment in four (4) new vehicles and eleven (11) existing Police Department vehicles. This is in compliance with the Code of Ordinances Chapter 36, Section 36.02(7)(a), "Methods of Acquisition, Direct Acquisition Method, Utilization of Other Governmental Entities' Contracts", and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". Funding is available from 001-2115-521-64.90 (General Fund: Machinery/Equipment/ Other Machinery/Equipment) and 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment< $1,000). 8. Purchase award to Municipal Equipment Company, LLC (MECO) in the amount of $71,115.00 for 33 sets of Firefighting Protective Equipment based on the Lake County Contract #12-0806M. This is in accordance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard" and Section 36.02(C)(71 "Utilization of Other Governmental Entities' Contracts". Funding is available from 001-2315-526-64.60 (General Fund: Machinery quipment/Other Machinery/Equipment) and 001-2313-522-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment). 9. REGULAR AGENDA: A. RESOLUTION NO. 43-14/QUALIFIED TARGET INDUSTRY TAX REFUND LOCAL MATCH: Consider approval of Resolution No. 43-14; authorize the creation of seventy-five (75) new high-wage jobs and the retention of seventy-five (75) existing jobs by Project Obsidian, an existing financial services headquarters company located in the City of Delray Beach. B. CONTRACT FOR PURCHASE AND SALE BETWEEN DELRAY BEACH AND CANNERY ROW, LLC; 60 DAY OPTION NOTICE; OFFER FOR PARK DEDICATION: Discuss and provide direction on four (4) options for the Amendment to the Development Agreement and Purchase and Sale Agreement with Canner LLC. C. PROPOSED CHANGES TO THE RULES OF PROCEDURE FOR THE CITY COMMISSION: Consider approval of proposed changes to the Commission Rules of Procedure which address the deferral of appointments and the consequences for when a Commissioner is absent. D. RESOLUTION NO. 44-14: Certify the results of the August 26, 2014 Special Election Referendum. E. NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD: Nomination for appointment of one (1) regular member to the Planning and Zoning Board to serve a two (2) year term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2). F. NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT: Nomination for appointment of one (1) regular member to the Board of Adjustment to serve a two (2) year term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (,Seat #2). G. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Nomination for appointment of one (1) regular member to serve an unexpired term ending January 14, 2015 the Code Enforcement Board. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat#1). H. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Nomination for appointment of one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2015. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4). 10. PUBLIC HEARINGS: A. RESOLUTION NO. 40-14 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2014. B. RESOLUTION NO. 41-14 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax of one mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2015. C. RESOLUTION NO. 42-14 (TENTATIVE BUDGET ADOPTION FOR FY 2015): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2014 through September 30, 2015. 11. FIRST READINGS: A. ORDINANCE NO. 26-14: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to Provide for increased residential and commercial collection service rates for FY 2015. If passed, a public hearing will be held on September 16, 2014. B. ORDINANCE NO. 27-14: Consider modifying the Community Redevelopment Plan for the City of Delray Beach; finding that the modifications conform to the Community Redevelopment Act of 1969, as amended; finding that the modifications are consistent with the City of Delray Beach's Comprehensive Plan, and making further findings pursuant to the applicable requirements of Florida Statute 163.360. If passed, a public hearing will be held on September 16, 2014. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, Director of Environmental Services THROUGH: Terry Stewart, Interim City Manager DATE: August 7, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 CONTRACT CLOSEOUT(CO#1/FINAL)/MAN CON,INC./RECLAIMED WATER,AREA 12A; PHASE II PROJECT#14-029 BACKGROUND Consider a recommendation to closeout the Reclaimed Water Area 12A, Phase 11 construction contract and make final payment to Man Con, Inc. for completion of the project. On January 21, 2014, Commission approved a bid award (Bid No. 2014-14) in the amount of $1,456,545.00 to Man Con, Inc., for construction of the Area 12A-Phase II Reclaimed Water System Project #14-029. The scope of work involved continuing construction of the reclaimed water transmission and distribution system on the barrier island, the area encompassing Atlantic Avenue south to Casuarina Road and from Gleason Street west to the Intracoastal Waterway. The project included the installation of reclaimed piping throughout the residential neighborhoods, as well as some drainage, water, and sanitary sewer system upgrades. The City has received grant funding for this project in the amount of$100,000 from the South Florida Water Management District(SFWMD). Change Order No. 1/Final, in the net contract reduction amount of $199,623.11, includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. This complies with Chapter 36, Section 36.06, Change Orders (A) (2), Within the Scope of Work. After final payment in the amount of$37,654.31 is made, residual funds, in the amount of$199,623.11, will be liquidated from Purchase Order#696868 to funding accounts as follows: $139,736.00 from #441-5161-536-68.73 (Water/Sewer Fund/Improv Other/Reclaimed Water/Area 12A) $ 31,740.00 from #448-5461-538-68.67 (Storm Water Utility Fund/Other Improv./Bay St. Pump Sta. Imprv) $ 20,501.00 from #442-5178-536-63.50 (Water/Sewer/Renewal & Rplmt Fund/Improv. Other/Water Mains) $ 7,646.11 from #442-5178-536.63.51 (Water/Sewer/Renewal & Rplmt Fund/Improv. Other/Sewer Mains) $199,623.11 FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The City Manager is requesting ratification of the Contract Closeout (CO#I/Final) in the net contract reduction amount of ($199,623.11) and a final payment amount of $37,654.31 to Man Con, Inc. for completion of the Reclaimed Water, Area 12A, PH II Project #14-029. Per Chapter 36, Section 36.06, Change Orders (A)(2)Within the Scope of Work. TIMING OF THE REQUEST This item is time sensitive; contractor cannot be paid final payment for completion of project until approved by Commission and the final change order is fully executed. FUNDING SOURCE N/A -No funding is required. RECOMMENDATION Staff recommends approval of a Contract Closeout (CO#1/Final) in the net contract reduction amount of ($199,623.11) and a final payment amount of $37,654.31 to Man Con, Inc. for completion of the Reclaimed Water, Area 12A, PH II Project. Chapter 36, Section 36.06, Change Orders (A)(2) requires City Commission ratification of the change order. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final(Contract Closeout) PROJECT NO. 14-029 DATE: PROJECT TITLE: Reclaimed Water,Area 12A;PH H TO CONTRACTOR: Man Con,Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM TEE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT S'T'IPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule"A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $1,456.545.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,456,545.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($199.623.11) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,256;921,89 PERCENT DECREASE THIS CHANGE ORDER -13.70% TOTAL PERCENT DECREASE TO DATE -13.70% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Man Con,Inc. (Contractor to sign&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA - No Funding is Required DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Envirommtal Services Cary D. Glickstein,Mayor ATTEST: APPROVED: By: City Attorney City Clerk S EngAdmuzlProjects12014114-029 made file 11-11-131DFFICLAI-Ugenda Item Docs C.0#1 Final Man Con Reclaimed Area 12A-PII MC01 Final Man Con Reclaimed WaLer Area 12A;P14 11 GC 090414.docx SCHEDULE"A," TO CHANGE ORDER NO.11 FINAL(CONTRACT CLOSEOUT) IAN CON,INC. RECLALME:D WATER,AREA]2A,PHASE T[PROJECT#14-029 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT NO. EST. ACTUA EXTENDED QUANT ADJ. + QTY. UNIT PRICE TOTAL L QTY UNIT PRICE TOTAL PRICE 1- GENF.RAL CONDFITONS J Site Mobilization(Demobilization LS 1 $ 55,681.00 $ 55,681.00 1 $ 55,681.00 $ 55,681.00 $ - 2 ?Maintenance of Traffic LS 1 $ 17,250.00 $ 17,250.00 1 $ 17,250.00 $ 17,250.00 $ 3 As-Built Record Drawin s LS 1 $ 5,515.00 $ 5,515.00 1 $ 5,515.00 $ 5,515.00 $ - 4a NPDESPermit LS 1 $ 1,150.00 $ 1,150.00 1 $ 1,150.00 $ 1,150.00 $ 4b Ersoion Protection]Measures LS 1 $ 4,025.00 $ 4,0250D 1 $ 4,025.00 $ 4,02500 $ 5 Project Identification Sip EA 1 $ 1,167.00 $ 1,167.40 1 $ 1,167.00 $ 1,157.00 $ 6 Professional Video&Construction Photographs LS 1 $ 8,446.00 $ 8,446.00 1 $ 8,446.00 $ 8,446.00 $ 7 ludemaracation LS 1 $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 $ RECLAIMED WATER N AJN 8 2"HDPE DR9(IPS)RWM(Mole or Directional Drill LF 350 $ 42.50 $ 14,875.00 220 $ 42.50 $ 9,350.60 $ (5,525.00) 9 4"PVC C900(DR 18)RWM Restrained Joint LF Bo0 $ 38.72 $ 30,976.00 840 $ 38.72 $ 32,524.80 $ 1,548.80 10 4"PVC C900(DR18)RWM(Push-On) LF 2,000 $ 34.59 $ 69,180.00 1979 $ 34.59 $ 68,453.61 $ (726.39) I I 6"PVC C900 DRJ8 RWM(Restrained Joint) LF 350 $ 42.20 $ 14,770.00 306 $ 42.20 $ 12,913.20 $ (1,856.80) 12 6"PVC C900(DR18)RWM(Pmb-On LF 600 $ 37.41 $ 22,446.00 606 $ 37.41 $ 22,670.46 $ 224.46 13 3"HDPE DR 11(DIPS)Directional Drill RWM LF 56 $ 6630 $ 3,335.00 $ 66.70 $ - $ (3,335.04 14 4"FPVC DR 18(DIPS)Directional D611 RWM LF 1370 $ 5930 $ 81,241 00 1237 $ 59.30 $ 73,354.10 $ (7,886.90) I5 6'PPVC DR 25(DIPS)Directional Drill RWM LF 365 $ 79.00 $ 28,835.00 370 $ 79.00 $ 29,230.00 $ 395.00 16 Directional Drill Pit EA 13 $ 2,858.00 $ 37,154.00 12 $ 2,858.00 $ 34,296.00 $ 2,858.00 Connect to Existing 4"PVC RWM @ Sta.454+25 $ 3,124.00 1 $ 3,124.00 $ 3,12400 $ 17 (Dwg C-13) EA 1 $ 3,124.00 Connect to Existing 4"PVC RWM @ Sta.654+02 18 (Dwg C-16) EA 1 $ 3,124.00 $ 3,124.00 1 $ 3,124.00 $ 3,124.00 $ Connect to Existing 4"PVC RWM Sta.754+15 $ 3,124.00 1 $ 3,124.00 $ 3,124.00 3 19 (Dwg C-19) EA 1 $ 3,124,00 Connect to Existing 6"PVC RWM @ Sta.156+02 20 (Dwg C-2) EA 1 $ 3,180.00 $ 3,180.00 1 $ 3,180.00 $ 3,180.00 $ - Connect to Existing 6"PVC RWM Sta_254+19 $ 3,180.00 1 $ 3,180.00 $ 3,180.00 $ 21 (Dwg C-8 EA 1 $ 3,180.00 n 4"Gate Valve RWM EA 12 $ 866.00 $ 10,392.00 12 $ 866.00 $ 10,392.00 $ - 23 6"Gate Valve RWM EA 4 $ 995.00 $ 3,980.00 3 $ 995.00 $ 2,98500 $ (995.00) 24 DIP Cum act Fittings RWM(cement lined) TON 2 $ 5,991.00 $ 11,962.00 2 $ 5,991.00 $ 9,501.73 $ (2,480.27 25 2"Terrumal Blow-Off Assembly RWM EA 7 $ 1,205.00 $ 8,435.00 7 $ 1,20500 $ 8,435,00 $ 26 1-112"Reclaimed Water Service(Sin e) EA 65 $ 1,900.00 $ 123,500.00 45 $ 1,90000 $ 85,500,00 $ (38,000.00) 26a 1-112"Reclaimed Water Service(Single) EA 10 $ 2,156.00 $ 21,560.00 3 $ 2,156.00 $ 6,468.00 $ 15,092.00 27 2"Reclaimed Water Service sin le EA 8 $ 2,631.00 $ 21,D48.00 8 $ 2,631.00 $ 21,048.00 $ - 1-112"Reclaimed Water Service(single)(Along 28 Venetian Drive from DD piping) EA 9 $ 2,078.00 $ 18,702.00 26 $ 2,078.00 $ 54,028.00 $ 35,326.00 1-112"Reclaimed Water Service(single)(Along 28a Venetian Drive from DD a ing) EA 8 $ 2,445.00 $ 19,560.00 0 $ 2,445.00 $ $ (19,560.00} 2"Reclaimed Water Service(single)(Along $ 5,730.00 2 $ 2,865.00 $ 5,73000 $ 29 Venetian Drive from DD piping) EA 2 $ 2,865.00 2"Reclaimed Water Service(Single)(Shopping 30 Center Parking Lot) LS 1 $ 3,062.00 $ 3,062.00 0 $ 3,062.00 $ - $ (3,062.00) 31 5'Wide Concrete Sidewalk Restoration(4"thick) LF 20 $ 39.00 $ 760.00 58 $ 39.00 $ 2,282.00 $ 1,482.00 32 Asphalt Pnveway A2iron SF 1,500 $ 4.44 $ 6,660.00 540 $ 4.44 $ 2,397.60 $ (4,262.40) 33 Paver Brick Drivewav Restoration SF J00 $ 1.100 $ 1,100.00 0 $ 11.00 $ - $ (1,10D.00) 34 Open Cut Pavement Trench Repair RWM LF 2.350 $ 3D.90 $ 72,615.00 3093 $ 95,573.70 $ 22,95574 POTABLE WATER MAIN 35 6"PVC C900(DR18)WM(Restrained Joint) LF 20 47 $ 940.00 D $ 47.00 $ - $ (940.00 36 8"PVC C900(DR]8 WM(Restrained Joint) LF 230 $ 46.70 $ 11,201.00 240 $ 48.70 $ 11,686.00 $ 467.00 37 8"PVC C900(DRl$ WM(Push-On) LF 440 $ 42.70 $ 18,788.00 497 $ 42.70 $ 17,805.90 $ (952.10 38 DIP Compact Fittings WM(Cement Lined) TON 1 $ 5,991.00 $ 5,991.00 0 $ 5,991.00 $ 1,270.09 $ (4,720.91 39 8"Gate Valve WM EA 2 $ 1,337.00 $ 2,674.00 2 $ 1,337.00 $ 2,67400 $ 40 Sleeve&6"Gate Valve EA 1 $ 4,291.00 $ 4,291.00 0 $ 4,291.00 $ - $ (4,291.00 41 8"Linesty EA 1 $ 5,676.00 $ 5,676.00 0 $ 5,676.00 $ $ 5,676.00 Page 1 of 3 SCHEDULE"A" TO CHANGE ORDER NO.1/FINAL(CONTRACT CLOSEOUT) BEAN CON,INC. RECLA AlED WATER,AREA 12A,PHASE 11 PROJECT#14-029 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT NO. EST. ACTUA UNIT PRICE EXTENDED QUANT ADJ. + CITY UN1T PRICE TOTAL L QTY. TOTAL PRICE 1- 42 Sample Point EA 4 $ 550.00 $ 2,200.00 4 $ 550.00 $ 2,200.00 $ 43 Fill&flush Connection EA 2 $ 1,887.00 $ 3,774.00 2 $ 1,887.D0 $ 3,774.00 $ Connect to Existing 8"WM @ Stn 650+40(Dwg $ 3,238.00 1 $ 3,238,p0 $ 3,236.04 $ 44 C-15) EA 1 $ 3 238.00 Connect to Existing 8"WM CSta.654+02(Dwg C $ 3,238.00 1 $ 3,238.00 $ 3,236.00 $ 45 16 EA 1 $ 3,238.00 Connect to Existing 8"WM c[Sta.40+65(Dwg C- 46 20) EA 1 $ 3,238.00 $ 3,238.00 1 $ 3,236.00 $ 3,238.00 $ Connect to Existing 6"Fire Hydrant C Sta.40+65 47 (Dwg C-20) EA 1 $ 3,600.00 $ 3,600.00 1 $ 3,600.00 $ 3,600.00 $ 48 2"Water Service&Connect tc Exist Meter Box EA 15 $ 2,719.00 $ 40,785.00 18 $ 2,719.00 $ 48,942.00 $ 8,157.00 49 Remove Exis 2"WM(incL lugs) LF 120 $ 25.00 $ 3,000.00 0 $ 25,00 $ - $ (3,000.00) 50 Remove Existing 8"WM(incl.plugs) LF 380 $ 40.50 $ 15,390.00 362 $ 40.50 $ 14,661.00 $ (729.00) 51 Open Cut Pavement Trench R air V. LF 7UO $ 36.90 $ 21,630.00 698 $ 30.90 $ 21,565.20 $ (61.80 DRAINAGE FACILITIES 52 Remove Existing IS"Drainage RCP LF 20 $ 55.00 $ 1,100.00 20 $ 55.00 $ 1,100.00 $ 53 Remove Existing 30"Drainage RCP HE 390 $ 65.06 $ 25,350.00 375 $ 65.00 $ 24,375.04 $ 975.00) 54 Remove Exis 36"Drainage RCP LF 50 $ 78.00 $ 3,900.00 50 $ 78.00 $ 3,940.00 $ - 55 Remove Existing Drainage Structures EA 4 $ 1,950.00 $ 7,800.00 3 $ 1,950.00 $ 5,850.00 $ (1,954.00 56 24"Draina e Pie LF 20 $ 63.00 $ 1,260.00 23 $ 63.00 $ 1.449.00 $ 189.00 57 48"Drainage Pie LF 410 $ 163.50 $ 75,235.00 401 $ 18150 $ 73,583.50 $ 1,651.80) 58 60"Drainage Pie LF 45 $ 291.DC $ 13,095.00 44 $ 291.00 $ 12,804.00 $ (291.00 59 FDOT Type H Structure w/Frame&Grate EA 1 $ 7,291.00 $ 7,291.00 0 $ 7,291.00 $ - $ (7,291.00) 60 7'x5'Conflict Structure wllting&Cover(FDOT EA 1 $ 11,827.00 $ 11,827 00 1 $ 11,827.00 $ 11,827.00 $ Index 307-Condition L1) 61 Tx5'Structure wlftame.&Grate EA 1 $ 8,892.00 $ 8,892.00 1 $ 6,892.00 $ B,892.00 $ 62 6'x4'Struetu e w/offset Vallev Gutter lnlot EA 1 $ 6,943.00 $ 6,943.00 1 $ 6,94100 $ 6,943.00 $ 63 6'DiameterManhole EA 1 $ 6,787.00 $ 6,787.00 1 $ 6,787.00 $ 6,787.00 $ 64 Coordinate w/AT&T to adjust 2"tele conduit LS 1 $ 1,725.06 $ 1,725.00 1 $ 1,725.00 $ 1,725.00 $ 65 Open Cut Pavement Trench Repair(Draina e) LF 475 $ 49.00 $ 23,275.00 390 $ 49.00 $ 19,110.00 $ (4,165.00) 66 Remove&Re laee Valley Gutter LF 330 $ 41.00 $ 13,530.00 346 $ 41.00 $ 14,186.00 $ 656.00 67 Paver Brick Driveway Restoration SF 750 $ 11.00 $ 8,250.00 1100 $ 11.00 $ 12,100.00 $ 3,850.00 68 Connect to Existing 18"Drainage Pie EA 1 $ 2,000.00 $ 2,000.00 1 $ 2,000.00 $ 2,000.44 $ 69 Connect to Existing 24"Drainage Pie EA 1 $ 2,180.00 $ 2,180.00 1 $ 2,180.00 $ 2,180.00 $ 70 Connect tc Existing 36"Drainage Pie EA 1 $ 2,887.00 $ 2,887.00 1 $ 2,687,00 $ 2,887.00 $ 71 Connect 48"RCP to Existing Drainage Structure EA 1 $ 3,668 DO $ 3,668,00 1 $ 3,668.00 $ 3,668.00 $ - 72 By-Pass Purr in LS 1 $ 4,600.00 $ 4,600.00 1 $ 4,600.00 $ 4,600.00 $ ABANDON EXISTLNG SEWERIFORCEMAIN 73 Grout Existing 14"FM LF 1,500 $ 11.25 $ 16,875.00 1486 $ 11.25 $ 16,717.50 $ (157.50) 74 Abandon Existing Sanitary Sewer MH(remove EA 5 $ 1,144.OD $ 5,720.00 5 $ 1,144.00 $ 5,720.00 $ cone section&fill wlsand) 75 Fill Existing Sanitary Sewer MH w/Groat(Do not EA 1 remove lid) $ 2,110.00 $ 2,110.00 1 $ 2,110.00 $ 2,110.00 $ 76 Abandon Existing Sanituy Sewer Pi in (Grout) LF 1.320 $ 2200 $ 29,040.00 1318 $ 22.00 $ 26,996.00 $ (44.00) ROADWAY 77 Roadway CrackSealin-, UAL 500 $ 23.00 $ 11,500.00 146 $ 23.00 $ 3,358.00 $ (8,14200) 78 314"Asphalt Milling&314"Asphalt(Type S-M) SY 9,600 $ 11.50 $ 110,400.00 9395 $ 11.50 $ 106,042.50 $ (2,357.50) Overlay 79 Adjust Valve Boxes,Manhole Lids,Inlets,etc. LS 1 $ 6,900.00 $ 6,900.00 1 $ 6,900,00 $ 6,900.00 $ 80 Temporary Pavement Marlon LS 1 $ 2,30000 $ 2,300.00 1 $ 2,300.00 $ 2,300.00 $ 81 Permanent Pavement Markin &RPM's LS 1 $ 3,450.00 $ 3,450.00 1 $ 3,450.00 $ 3,450.00 $ - MLSCELLANEOUS 82 Re air Sanitay Sewer Laterals EA 15 $ 80000 $ 12,000.00 16 $ B00.00 $ 12,800.00 $ 800.00 $3 Investigate/Locate/Clean&Raise to Grade Existing EA 10 $ 480.00 $ 4,800.00 4 $ 480.00 $ 1,920.00 $ (2,880.00) BmiedWMValves 84 Cut ExistingGeo-Grid in Roadway&Replace, LS 1 $ 2,182.00 $ 2,182,00 $ 2,1$2.00 $ - $ (2,18200) Incl.Total Roadway Restoration(Dwg C-6) Page 2 of 3 SCHEDULE"A" TO CHANGE ORDER NO.11 FINAL(CONTRACT CLOSEOUT) MAN CON,INC. RECLAIMED WATER,AREA 12A,PHASE H PROJECT 914-029 CONTRACT AWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT NO. EST, UNIT PRICE ACTUA EXTENDED QUAINT ADJ. + QTY UNIT PRICE TOTAL L QTR TOTAL PRICE !- 85 Cut Existing Geo-Grid in Roadway&Replace, LS 1 $ 6,90C.00 $ 6,900.00 1 $ 6,900.00 $ 6,900.00 $ incl_Total Roadway Restoration(Dwg.C-15) 85 I Loveable Fill(146 si di able) CY 75 $ 245A0 $ 18,375.00 8 $ 245.00 $ 1,960.00 $ (16,415.00) 87 .4s halt Mili R Overbviiid LB S 925 $ 2.001$ 1,850.00 925 $ 2.00 $ 1,850.00 $ ALLOWANCES 88 Undefined Under ovnd Allowance LS 1 $100,000.00 $ 100,000.00 0 $ 100,000.00 $ $ (100,000.00) TOTAL ORIGINAL CONTRACT AWARD $1,456,545.00 $1,256,976,89 $ (199,568.11) CHANGE ORDER NO.11 FINAL-BREAKDOWN Quantity Adjustments(above) $ (199,568.11) Testing Chargebacks:Testing Cancellation Charge ($55.00) CHANGE ORDER NO.1 I FINAL $ (199,623.11) GRAND TOTAL FINAL CONTRACT AMOUNT $ 1,256,921.89 CHANGE ORDER NO.1 1 FINAL SUMMARY Original Contract Award $1,456,545.00 Final Contract to Date $1,256,921.89 CHANGE ORDER NO.1 1 FINAL ($199,623.11) Pagn3of8 L-------�J A T L A N T I C A V E N U E LU ' cn oCD z J [� ffi Q L;!1 MIR MAR RI l AM R DRIVE F— d w � g c � z6 O co � �J o� COCONUT ROW �i CL ING HAM A E IN GRAHAM AVEMUE4 Z [V i7 W N OCEAN TERR. U OCEAN TERR. 0 U O c Q a O N A A U Ls T. I Li a U dd BAY STRUT BAY STREET 0 .'I r N ..0 I Q a 9 L NGER WAYz o o Q i c� 0 N CASUARINA ROAD o � � % 0 CITY of DELRAY BEACH AREA 12A RECLAIMED DATE.1a/t7/2D13 a ENVIRONMENTAL SERVICES DEPARTMENT WATER SYSTEM - PHASE 2 160`" 434 SOUTH SWWON AVSM DMJIAY BEACK FLOMA 30444 2014-029 1 of 1 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: July 28, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 SERVICE AUTHORIZATION#12-06 DAVID MILLER&ASSOCIATES,P.A. BACKGROUND Consider a recommendation for approval of Service Authorization No. 12-06 to David Miller & Associates, P.A. for professional services related to the Merritt Park Improvements. Merritt Park is located between SW 3rd and 4th Streets and SW 2nd and 3rd Avenues. Park amenities include athletic fields, basketball courts, open areas, a playground and restroom building. This City Commission approved 2014 Capital Improvements Project (P/N 14-052) is aimed at improving existing park facilities. David Miller & Associates, P.A. (DMA) provided Service Authorization No. 12-06 in the amount of$23,300.00 to perform professional services for the proposed Merritt Park Improvements. The consultant will prepare construction plans and specifications for the following enhancements: the replacement of sod on all playing surfaces, the complete elimination of a clay infield on the southernmost ball field (replace with sod), upgrades to the irrigation system, new backstop fencing and restroom building upgrades. The Delray Beach Community Redevelopment Agency provided $50,000 dollars for professional design services towards the aforesaid scope of work. In addition, the scope of work includes civil design work for the additional parking spaces needed at the park facility. Residents and visitors that congregate at the park facility quickly fill in the limited number of parking spaces currently available then naturally gravitate to the sodded swales along SW 3rd Avenue. As a result, potential new parking is planned for the north west side of the park site adjacent to 3rd Avenue, a City right of way. Recreation impact fees will fund construction of the anticipated parking spaces. Plans and specifications shall be prepared in a manner that will allow the City to bid the parking lot project independently of the park improvements. The City utilizes architectural consultants retained via RFQ #2012-05 for our Capital Improvement Program as well as for other projects that arise during the course of the fiscal year. David Miller & Associates, P.A. was retained by the City via RFQ #2012-05 (City Project #12-056). The original agreement with David Miller & Associates, P.A. was executed in March 2012. An Amendment was executed in March 2014 extending the agreement through March 2015. A copy of the Service Authorization No. 12-06 is attached for review. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (C) "Direct Acquisition Method" (3) "Professional Services". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This is a request for City Commission to approval Service Authorization No. 12-06 with David Miller & Associates, P.A. for the total amount of$23,300.00 for professional services related to the Merritt Park Improvements. TIMING OF THE REQUEST The Parks and Recreation Department and the Community Redevelopment Agency (CRA) are both eager to commence the aforementioned scope of work. FUNDING SOURCE Funding is as follows: Project Number Account# Name Balance 14-052 117-4151-572-63.40 Merritt $ 207,150 Park/Rec/Improv. 14-052 117-0000-366-70.00 CRA $ 50,000 Total $ 257,150 RECOMMENDATION Staff recommends approval of Service Authorization No. 12-06 David Miller & Associates, P.A. in the amount of$23,300.00 to perform professional services related to the proposed park improvements. CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT:David Miller&Associates,P.A. SERVICE AUTHORIZATION NO. 12-06 FOR CONSULTING SERVICES CITY P.O.NO. CITY EXPENSE CODE: 117-4151-572-63.40 CITY PROJECT NO. 14-052 CONSULTANT PROJECT NO. TITLE:Merritt Park Renovations 316 SW 1"Ave. Delray Beach,Florida This Service Authorization,when executed,shall be incorporated in and shall become an integral part of the Contract,dated March,2012 between the City of Delray Beach and David Miller&Associates,P.A. I. PROJECT DESCRIPTION The Project includes the preparation of construction plans and specifications for bidding and construction purposes as well as assistance during bidding and construction. Architectural, Landscape Architecture,Civil Engineering and limited Mechanical,Electrical&Structural Engineering services are included. The scope of the project includes new sod and irrigation at the playing fields,south baseball diamond removal,new parking off the right of way(north side),building door and window replacements,and associated site work. II. SCOPE OF SERVICES The following scope of services is developed in accordance with the Standard Agreement for Architectural Services. Phases I—IV These phases are included in this Service Authorization. III. TIME OF PERFORMANCE Phases I-III will be completed within 90 days of acceptance of this Service Authorization. IV. COMPENSATION Architectural Services Estimated Fees Phase I—Study&Report Phase $ 3,300.00 Hourly Basis Phase II-Preliminary Design Phase $ 4,600.00 Lump Sum Basis Phase III-Final Design Phase $ 10,300.00 Lump Sum Basis Phase IV-Construction Administration Phase $ 4,700.00 Hourly Basis Out-of-Pocket Expenses $ 400.00 Total Estimated Fees $ 23,300.00 Notes: Out of Pocket Expenses include the following:printing/reproduction/postage. Page 7 of 3 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization,the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: David Miller&Associates,P.A. Date D e g By: Cary D.Glickstein Seal) Mayor ilness Signature) Witness(Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME,the foregoing instrument,this day of J��S . 2014,was acknowledged by David R. Miller on behalf of David Miller&Associates, P.A.,and said person, executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this � day of r�U GU ST__,2014. Notary Public State of Florida JESSICA ROLLING$ Pill:. State of Flaft � �"•, ... . ,r.;>ucs Ju! +4,201$ ��; M Fi !33644 My Commission Expires:_� ��___ ' iu�dr', ��... 'iBflPn,, 'A;lly ASSrI. Page 2 Of 3 Exhibit B Professionals Hourly Raw Hourly Raw Salary Rates Salarw Rates Times 3.00 Multiplier Architect Principal $57.33 $172.00 Project Manager $47.83 $143.50 Architect 1 $38.0 $115.50 Architect II $32.50 $ 97.50 Interior Design $28.33 $ 85.00 CADD Operator $24.83 $ 74.50 Clerical $12.83 $ 38.50 Engineers-Structural(#1) Principal N/A $172.00 Project Manager N/A $ 138.50 Project Engineer N/A $ 9200 CAD Operator N/A $ 69.00 Engineers-MEP(#1) Principal N/A $172.00 Project Engineer N/A $102.50 CAD Drafting N/A $ 79.50 Clerical N/A $ 51.00 Page 3 of 3 .4' j •" rr MAW ny I67 VLT In nu I LF* led ou IL h�v :il /I■ - -r Yp � �W i w h R t a o67 .� i us p. • r, F-M* IN am , ."SL; .,sue or aL N, ` a ca k '. v o r r - .61 8. i5 "w M LLe ,j I ,L1 s r , W City of Delray Beach General Architectural Consulting Services AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AGREEMENT, made and entered into this �o� day of , 20 1Z, by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY", and David Miller & Associates, P.A., hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page 1 of 30 City of Delray Beach General Architectural Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 30 City of Delray Beach General Architectural Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates David R. Miller as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. 1. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. 111. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. Phase I— Study and Report Phase. If the Study and Report Phase is authorized, the following requirements shall apply. L The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the Project and review available data. 1 The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. 3. The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. 4. The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 5. The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. Page 3 of 30 City of Delray Beach General Architectural Consulting Services 6. The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and recommendations. This Report will be accompanied by CONSULTANT'S pre-design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or darnages to properties, and for permit, review and/or approval fees by other governmental agencies, if required. The CONSULTANT shall also provide a preliminary evaluation of the City's Project Schedule. The City's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. 7. The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase lI—Preliminary Design Phase. If the Preliminary Design Phase is authorized,the following requirements will apply: I. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. 2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 3. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. 4. Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the CITY. 5. The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout he design development phase. 6. The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. 7. The CONSULTANT shall make available all design calculations and associated Data, and participate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase III. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: Page 4 of 30 City of Delray Beach General Architectural Consulting Services 1. The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the City. 2. The CONSULTANT shall, in the preparation of construction documents, technical criteria, written descriptions and design data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. 3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph I.C, which shall be reviewed by the CITY prior to going out for bids. 4. The CONSULTANT shall provide the required documents and attend meetings as necessary, for the approval of governmental boards, agencies or authorities having jurisdiction over the proj ect. 5. The CONSULTANT shall use bid documents provided by the CITY including bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. 6. The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and ,submission of applications, therefore are the responsibility of the CONSULTANT. 7. The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the service authorization. D. Phase IV—Bidding/Negotiation Phase. If the bidding phase is authorized, the following requirements shall apply: I. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the CITY in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. 2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the CITY in evaluating Bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. 3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR(S) for those portions of the work as to which such acceptability is required by the Bidding Documents, Page 5 of 30 City of Delray Beach General Architectural Consulting Services 5. Consult with the CITY concerning and determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding Documents. E. Phase V—Construction Phase. If Contract Administration is authorized, the following requirements shall apply: 1. The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. 2. The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. 3. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being perforined in a manner indicating that the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on-site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4. The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work, since these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. 5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S applications for payment shall review and certify the amounts due the CONTRACTOR. 6. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT'S knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further constitute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. 7. The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY, which does not conform to the contract documents. The CONSULTANT will have authority to require additional inspection or testing of the work in accordance with the Page 6 of 30 City of Delray Beach General Architectural Consulting Services provisions of the contract documents, whether or not work is fabricated, installed or completed. 8. The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9. The CONSULTANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorized minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. 10. The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11. The CONSULTANT shall interpret matters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 12. Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13. The CITY shall be the final arbiter on matters relating to aesthetics. 14. The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 15. The CONSULTANT"S interpretations on internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16. The CONSULTANT shall provide the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. 17. Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. 18. In company with the City, the CONSULTANT shall visit the Project to observe any apparent defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defection work. Page 7 of 30 City of Delray Beach General Architectural Consulting Services F. Phase VI—Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. Resident Representative's dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B. Resident Project Representative shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings,job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison with CONTRACTOR, when CONTRACTOR'S operations affect the CITY'S on- site operations. 4. Assist in obtaining from the CITY additional details or information, when required for proper execution of the Work. 5. Record date of receipt of Shop Drawings and samples. 6. Receive samples, which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. S. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. Advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. Page 8 of 30 City of Delray Beach General Architectural Consulting Services 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents, including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents 15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materials from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. Page 9 of 30 City of Delray Beach General Architectural Consulting Services C. The Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. 2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 4. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. S. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. Page 10 of 30 City of Delray Beach General Architectural Consulting Services V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen(15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts. the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man-hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. Page 11 of 30 City of Delray Beach General Architectural Consulting Services 2. METHOD II - TIMES CHARGES/NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed_Amount. ' iX hen a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5%) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT, for the Page 12 of 30 City of Delray Beach General Architectural Consulting Services procuring and management of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the Subcontractual work. C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION,without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. V III.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection Page 13 of 30 City of Delray Beach General Architectural Consulting Services with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Page 14 of 30 City of Delray Beach General Architectural Consulting Services a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Rangy Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 do 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencernent of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 15 of 30 City of Delray Beach General Architectural Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 16 of 30 City of Delray Beach General Architectural Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW I st Avenue Delray Beach, Florida 33444 CONSULTANT David R. Miller, President David Miller&Associates, P.A. 319 Clematis Street, Suite 909 West Palm Beach, FL 33401. K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: Page 17 of 30 City of Delray Beach General Architectural Consulting Services The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further,prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. Page 18 of 30 City of Delray Beach General Architectural Consulting Services R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights,privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. U. Jurisdiction; Venue: Page 19 of 30 City of Delray Beach General Architectural Consulting Services The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Ayreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 20 of 30 City of Delray Beach General Architectural Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Cleric, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. f CITY OF DELRA BEAM LORIDA By: AYOR ATTEST: City Clerk Approved as to Form: ---<: -- CITY Attorney CONSULTANT: David. iller& ciat A. avid.R. Miller Title: -President (Seal) Jessica L. Rollings Witness Page 21 of 3 0 City of Delray Beach General Architectural Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this 4 day of January, 2012, was acknowledged by David R. Miller, on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this 4th day of January, 2012. Notary Public •aleua,,, JESSICA ROLUNU (SEAL) My Commission Expires: 3 r No"pubk.Stm of pWjft •§ Air Conun.Expiry Jul 19.2014 COMINIon#EE 10144 Ioliaxd iw"p No"Nab"bw ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared ' known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of 200—. Notary Public My Commission Expires: ACKNOWLEDGEMENT IF A PARTNERSHIP Page 22 of 30 City of Delray Beach General Architectural Consulting Services State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. Ile/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200—. Notary Public My Commission Expires: Page 23 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO. 'I`ITLE: This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Architectural Services" Contract. L PROJECT DESCRIPTION I1. SCOPE OF SERVICES Phase I— Study and Report Phase Phase II—Preliminary Design Phase Phase III---Final Design Phase Phase IV —Bidding/Negotiating Phase Phase V—Construction Administration Other—Permitting Other— Surveying Other—Geotechnical Other—Field Verification Ili. TIME OF PERFORMANCE IV. COMPENSATION Architectural Services Estimated Fees Phase I— Study and Report Phase S Phase II—Preliminary Design Phase S Phase Ill—Final Design Phase $ Phase IV —Bidding/Negotiating Phase $ Phase V Construction Administration $ Other—Permitting $ Other— Surveying $ Other—Geotechnical $ Other Field Verification $ Out-of-Pocket Expenses $ Total Project Cost $ Notes: Out-of-Pocket Expenses include the following:printing/reproduction/postage. Page 24 of 30 City of Delray Beach General Architectural Consulting Services This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Mayor (Seal) Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this day of , 201 , was acknowledged by on behalf of the Corporation , and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 201 Notary Public State of Florida My Commission Expires: Page 25 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT B Raw Salary Raw Salary Hourly Rates Hourly Rates (With Overhead Factor) Employer Category Professionals— (Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc.) Technicians— (Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc.) Office Support Page 26 of 30 Exhibit B Professionals Hourly Raw Hourly Raw Salary Rates Salary Rates Times 3.00 Multiplier Architect Principal $54.95 $164.00 Project Manager $45.85 $137.00 Architect 1 $36.75 $110.00 Architect II $31.15 $ 93.00 Interior Design $27.30 $ 81.00 CADD Operator $23.80 $ 71.00 Clerical $ 12.60 $ 37.00 Engineers-Structural (#1) Principal N/A $164.00 Project Manager N/A $132.00 Project Engineer NIA $ 88.00 CAD Operator N/A $ 66.00 Engineers-Structural (#2) Principal N/A $110.00 Project Manager N/A $ 98.00 Designer N/A $ 81.00 Draftsman N/A $ 66.00 Engineers-MEP(#1) Principal N/A $164.00 Project Engineer N/A $ 98.00 CAD Drafting N/A $ 76.00 Clerical N/A $ 49.00 Engineers-MEP(#2) Principal N/A $103.00 Engineer N/A $103.00 Designer NIA $ 54.00 CADD Operators N/A $ 54.00 Clerical N/A $ 27.00 Landscape Architects Principal N/A $ 137.00 Senior Landscape Architect N/A $ 110.00 Computer&Professional N/A $ 93.00 Drafting/Support Staff NIA $ 66.00 City of Delray Beach General Architectural Consulting Services EXHIBIT C CONSULTING SERVICES INVOICE FORMAT Bill To! City of Delray Beach Invoice 4 j 434 S.Swinton Ave. Delray Beach,FL 33444 Invoice Date: Service Auth.# Remit To: City Purchase Order# City Project Number: City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph (Description of Services Provided): Insert Status Summary/Description of Services LABOR Class Narne hate Hours Amount Principal $0.00 Sr. Engineer $0.00 Engineer $0.00 Cadd Designer $0.00 Sr. Engineering Tech $O,up Sr. Inspector $0.00 Clerical $0.00 Subtotal Labor $0.00 SUBCONSULTANTS (Must attach copies of backup invoices) Amount Insert Name of Subconsultant $0,00 Insert Name of Subconsultant $0.00 Subtotal Subconsultants $0.00 REIMBURSABLE/OUT-OF-POCKET EXPENSES (Must attach copies of backup) Amount Postage $0.00 Printing $0.00 Subtotal Expenses $0.00 'TOTAL AMOUNT DUE THIS INVOICE: $0.00 Page 1 of 3 Page 27 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT C (page 2) Bill To: City of Delray Beach Invoice# 434 S.Swinton Ave. Delray Beach,FL 33444 invoice hate: Service Auth.4 Remit To: City Purchase Order# City Project Number: City Project Title: For Professional Services for Period Ending: COST SUMMARY (Must match cost breakdown in Service Authorization) Phase or Task Number Phase or Task Description Amount Phase I or Task 1 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase II or Task 2 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0,00 Amount Remaining $0.00 Phase III or Task 3 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining Moo Phase V or Task 5 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Page 2 of 3 Page 28 of 30 City of Delray Beach General Architectural Consulting Services EXHIBIT C {page 3) Sill To: City of Delray Beach Invoice# 434 S.Swinton Ave. Delray Beach,Fl. 33444 lnvo3ce Date: Service Auth_# Remit To: City Purchase Order 4 City Project Number. City Project Title: For Professional Services For Period Ending: Phase or Task Number Phase or Task Description Amount Phase VI or Task 6 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $o.o0 Amount Remaining $0.00 Phase Vll or Task 7 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase Vlll or Task S (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 TOTAL CONTRACT COSTS Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Amount Previously Earned $0.00 Total Amount Remaining $0.00 Page 3 of 3 Page 29 of 30 City of Delray Beach General Architectural Consulting Services THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 30 DAVID-7 OP ID: M5 �CORO" DATE(MMIDDfYY)Y) CERTIFICATE OF LIABILITY INSURANCE 02114112 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). PROOUCSR 561-622-2550 CVwE: Celedinas Insurance Group-PBG 561 721 PHONE FAX - -0540 4283 Northlake Blvd. AIC.No Ext: (AfC Not: Palm Beach Gardens,FL 33410 E-MAIL Ray S Celedinas ADDRESS: INSU RER(S}AFFORDING COVERAGE NAIC# INSURER A:All led P&C In Su ranCe 42579 INSURED David Millel Associates PA INSURER B: 319 Clematis St,#909 INSURER e: West Palm Beach, FL 33401 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS iS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ZSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWkTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WFFH 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, ILNTSR TYPE OF INSURANCE IN R SUB POLICY NUMEER MMIDDIYEYYY MM �VY O R Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X ACPBPOD5905141695 10/01/11 10101112 A AG TORE TED"E"'E' 300,00"E"'E' Ea occur7ence] $ CLAIMS-MADE ❑OCCUR I EXF(Anyone perscrn) $ 5,000 PERSONAL&ADVIN.URY $ 1,000,000 GENERAL AGO REGATE $ 2,000,000 GEI AGGREGATE LIMIT APPLIES PER: PRODUCTG-COMP/OPAGG $ 2,000,000 POLICY JEC'7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea actddent A ANY AUTO ACPBPOD5905141695 10/01111 10101112 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY IN.AJRY(Per accident) $ AUTOS AUTOS X HIREDAUTOS X NON-OWNED PROPERTY ntDAMAGE $ AUTOS $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENT ION$ 1 $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY I TS FR ANY PRCPRIETORIPARTNERIEXEClJ7VE E.L.EACH ACC DENT $ CFFICERIMEMSER EXCLUD£D4 N!A (Mandatory in NH) EL.DISEASE-EA EMPLOYEE $ f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE--CLICY LIMIT $ A Property(XWind) ACPBPOD5905141695 10101/11 10101/12 Contents 25,00 DESCRIPTION OF OPERATIONS!LOCATICNS f VEHICLES (Attach ACORD 401,Additional Remarks Schedule,if more space Is requsred} The City of Delray Beach is listed as additional Insured. Project:2012 General Architectual agreement CERTIFICATE HOLDER CANCELLATION DELRAYB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD David Miller and Associates, P. A. AA-26000963 David R.Miller,A.LA.,NCARB AR-9417 March 2,2012 Via E-Mail Environmental Services Department Attn: Carolanne Kucmerowski City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Re: Insurance Coverage 2012 General Architectural Agreement Dear Ms. Kucmerowski, Please let this letter serve as notice that the firm David Miller&Associates,P.A. does not own any automobiles or utilize hired automobiles. No David Miller &Associates, P.A. nor staff owned automobiles will be used in conjunction with the 2012 Consulting Agreement projects. In addition, my office does not carry worker's compensation insurance coverage,the executed indemnification for the City of Delray Beach is attached. All types of insurance required by the City of Delray Beach under the above referenced agreement will be maintained by my office throughout the duration of the contract. Please contact me if you need anything further or have questions or concerns about this or any other matter. Sincerely, 3� 9 David R. Miller,A.I.A. •Architecture • Engineering •Planning • Construction Management • 319 Clematis Street, Suite 909 West Palm Beach, FL 33401 (561) 697-4700 • (561) 833-0165 Fax Attachment VII CITY OF DELRAY BEACH INDEMNIFCATION AGREEMENT DUE TO CONTRACTOR NOT PROVIDING WORKERS' COMPENSATION INSURANCE FOR ITS EMPLOYEES Contractor affirms that in accordance with Chapter 440 of the Florida Statutes ("Workers' Compensation Law"): 4 Contractor does not employ more than three (3) employees. 2. Contractor is not in the construction industry. 3. Contractor does not provide workers' compensation Insurance for its employees. 4_ Contractor Immediately will obtain worker's'compensation insurance if more than three (3) employees are employed and will notify the City of Delray Beach, Risk Management. 5. Contractor has advised all of Its employees that workers' compensation Insurance is not provided. Therefore, Contractor agrees to defend, indemnify, sage harmless, and exempt the City, its officers, agents, servants, and employees from and against any and all lawsults, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees resulting from injury to or death of persons or damage to property arising out of or resulting from failure to maintain workers' componsaflon insurance as required by Chapter 440 of the Florida Statutes ("Workers' Compensation Lave'). THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDSIT. Signed, sealed and d red this- 2— day of,M,49CA 120 12. CAUTlO In 0 BELOW. Contracto . Print Name, 4- , &44i,. f Print Name: P4V0 P- M 1IE�W-- `.0'�4""'�. .JESSICA ROLLINGS Notary Public•State of i IUMa STATE OF FLORIDAy Ceram.i xplres Ju119.2C14 Cummiesioa#EE 10144 C0 UNTY OF M v m '� aenaed Through JtaMW Nogly Abe. The foregoing instrument was acknowledged netore me this 2- day of ' 2Q 1`1 by„1)4VID {Z_M it teR _(name of person acknowledging), who is personally known to me or who has produced (type of Identification) as Identification. I Signature f Notary i€ Pub ] knd�ntnlly.doc '4L°RO® CERTIFICATE OF LIABILITY INSURANCE 2/22/2012' 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(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 NAME: April Holland Burke, Bogart & Brownell Insurance, Inc. PHONE -8888 Ext: (561)392-8888 p� Na):(561)750-9134 181 Crawford Blvd. ADDRESS:aholland@bbbins.ccm PRODUCER 00001405 Boca Raton FL 33432 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:National Casualty Co. INSURER B David Miller & Associates, P.A. INSURER C: 1660 Southern Blvd INSURER D: Suite #Q INSURER E West Palm Beach FL 33406 INSURER F: COVERAGES CERTIFICATE NUMBER:11-12 Prof Liability 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 SE 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 AOUL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMfDDfYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 500,001) X COMMERCIAL GENERAL LIABILITY DAMAGE TD RENTED PREMISES Ea occurrence $ A X CLAIMS-MADE OCCUR hRO0003962 12/1/2011 12/1/2012 MED EXP(Any one person) $ X Full Prior Acts PER30NAL&ADVINJURY $ X $5,000 Deductible GENERAL AGGREGATE $ 500,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S X POLICY JECT LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA L,IAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- - OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PR0PPIETORIPAR7NER/FXECU7IVF❑ N 1 A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE S If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if mare space is required) Project: 2012 General Architectural Agreement CERTIFICATE HOLDER CANCELLATION 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. 434 S. Swinton Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE Lee Burke/HMT ACORD 25(2009/09) ©'19813-20U9 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated March 22, 2012 is made this 6t" day of February, 2014, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and DAVID MILLER and ASSOCIATES, P.A. (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into March 22, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until March 22, 2015. WHEREAS, the parties desire to further amend the Agreement in order to modify the salary and billing rates for the extension. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to repeal Exhibit "B" "Salary and Billing Rates for David Miller and Associates, Inc.," that was attached to the Agreement dated March 22, 2012 and replace it with the new "Exhibit B" as attached to this Amendment No. 1. 3. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided bV law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chaffer 119 Fla. Stat. In accordance with state law, Consultant agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Consultant at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Consultant. e) If Consultant does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally_cancel this contract in accordance with state law. 4. All other terms and conditions of the Agreement of March 22, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: CITY OF DE EACH .FLORIDA By: & By: City Clerk ".10ay0f Cary D. Glickstein Approved as to legal sufficiency and form: City Attorney WITNESSES: DA M AND ASSOCIATES, P.A. Print Name: C . Print Name: k S 'ze" STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 6th day of February, 2014, by David R. Miller, He is personally known to me. JESSICA ROLLINGS Notary Public-State of Florida • my Comm.Expires Jul 19,2014 Commission#EE 10144 MNbsd MsMsial Assn. Notiry Public— Sta e of Florida 3 Exhibit B Professionals Hourly Raw Hourly Raw Salary Rates Salary Rates Times 3.00 Multiplier Architect Principal $57.33 $ 172.00 Project Manager $47.83 $ 143.50 Architect 1 $38.0 $ 115.50 Architect II $32.50 $ 97.50 Interior Design $28.33 $ 85.00 CADD Operator $24.83 $ 74.50 Clerical $ 12.83 $ 38.50 Engineers-Structural (#1) Principal N/A $ 172.00 Project Manager N/A $ 138.50 Project Engineer N/A $ 92.00 CAD Operator N/A $ 69.00 Engineers-Structural (#2) Principal N/A $ 115.50 Project Manager N/A $ 102.50 Designer N/A $ 85.00 Draftsman N/A $ 69.00 Engineers-MEP (#1) Principal N/A $ 172.00 Project Engineer N/A $ 102.50 CAD Drafting N/A $ 79.50 Clerical N/A $ 51.00 Engineers-MEP (#2) Principal N/A $ 108.00 Engineer N/A $ 108.00 Designer N/A $ 56.50 CADD Operators N/A $ 56.50 Clerical N/A $ 28.00 Landscape Architects Principal N/A $ 143.50 Senior Landscape Architect N/A $ 115.50 Computer& Professional N/A $ 97.50 Drafting/Support Staff N/A $ 69.00 DAVID-7 OP ID: M5 CERTIFICATE OF LIABILITY INSURANCE DATE 04123/2014 D412312014 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). CONTACT PRODUCER Phone.561-622-2550 NAME: Celedinas Insurance Group-PBG Fax:561-721-0540 PHONE Fax 4283 Northlake Blvd. Arc Na Ext: arc No: Palm Beach Gardens,FL 33410 E-MAIL Ray S Celedinas ADDRESS: INSURERS AFPORDING COVERAGE NAIC# INSURER A-Depositors Insurance Company 42587 INSURED David Miller&Associates PA INSURER B: 319 Clematis St,#802 West Palm Beach,FL 33401 INSURER C: INSURER 13: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT)ONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER MM1DOYlYYYY MM1DD EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X I COMMERCIAL GENERAL LIABILITY X AGPBPOD5925141695 10/0112013 E0101I2014 DA REMISES Ea occurrence) $ 300,00 CLAIMS-MADE ❑OCCUR MED EXP(Any one person) __$_ 5,00 PERSONAL&ADV INJURY 5 W1,000,00 GPWRALAGGREGATE_ $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S 2,000,00 POLICY F7 PRO n LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accident A ANY AUTO ACPBPOD5925141695 10/01/2013 10/0112014 BODILY INJURY(Per person) $ ALL OWNED 3 SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident)_ UMBRELLA LIAB OCCUR i EACH OCCURRENCE EXCESS LIAB I CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Yf N TORY LIMITS I ER_,_,_ ANY PROPRIETORIPARTNER!EXECUTIVE❑ E.L.EACH ACCIDENT $ E OFFICERIMMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS be4aw E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS r LOCATIONS r VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Delray Beach is listed as additional insured. Project: 2012 General Architectual agreement 30 days notice of cancellation applies except for non-payment CERTIFICATE HOLDER CANCELLATION DELRAYB 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. 434 S Swinton Ave Delray Beach,FL 33444 AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS PB 60 03 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- MUNICIPALITIES OR PUBLIC AGENCY - INSURED PROVIDING PROFESSIONAL SERVICES This endorsement modifies insurance provided underthe following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM The following is added to Section II. WHO IS AN professional services, advice of instruction, subject INSURED: to the following additional exclusion: The municipality and/or public agency designated in This insurance,including any duty we have to defend"suits", does not apply to"bodily injury" the Schedule of this endorsement is also an insured, "property damage"or"personal and advertising but only with respectto liability for"bodily injury", "property damage"or"personal and advertising injury that arises out of, in whole or in part, or is a injury"caused in whole or in part, by your acts or result of, in whole or in part,the active or primary omissions or the acts or omissions of those acting negligence of the municipality and/or public agency on your behalf in connection with your operations, designated in the Schedule of this endorsement, other than the rendering of or the failure to render whether or not such negligence has been assumed by you in a contract or agreement. All terms and conditions of this policy apply unless modified by this endorsement. SCHEDULE Municipality and/or Public Agency: CITY OF DELRAY BEACH 434 S SWINTON AVE DELRAY BEACH FL 334443553 PB 60 03 04 11 Page 1 of 1 ACP BPOD5925141695 AGENT COPY 59 09396 David Miller and Associates, P. A. AA-26000963 David R.Miller,A.LA.,NCARB AR-9417 April 1, 2014 Via E-Mail Environmental Services Department Attn: Carolanne Kucmerowski City of Delray Beach 434 South Swinton Avenue Delray Beach,FL 33444 Re: Insurance Coverage 2012 General Architectural Agreement Dear Ms. Kucmerowski, Please let this letter serve as notice that the firm David Miller&Associates, P.A. does not own any automobiles or utilize hired automobiles. No David Miller&Associates, P.A.nor staff owned automobiles will be used in conjunction with the 2012 Consulting Agreement projects. In addition, my office does not carry worker's compensation insurance coverage, the executed indemnification for the City of Delray Beach is attached. All types of insurance required by the City of Delray Beach under the above referenced agreement will be maintained by my office throughout the duration of the contract. Please contact me if you need anything further or have questions or concerns about this or any other matter. Sincerely, David R. Miller, A.T.A. •Architecture • Engineering •Planning Construction Management • 319 Clematis Street, Suite 802 West Palm Beach, FL 33401 (561) 833-0164 • (561) 833-0165 Fax Attaeletit"411 CITY OF DEL1tAY REAC1 l t)E1V NIFICAT'10�N: A(i E1 tN-T Dt E TO COI .1 j . CTOR NOT,PROVIDING�L ORKEW.COMPENSATION LN.SURAINCl: FOR.1T S EMPLOYEES Contractor affirms tha in ac-cordanef,w hh Chapter 440 of the Florida S cuter�'`��orkers" ompensattot Law") 1. Contractor does not employ'more than three(3)employees. 2. Contractor is not in the construction industrv. 3. Contractor does not prop ide workers'compensation insurance for its employees. 4, Contractor immediate Neill obtain worker`s carnlier€sation insura3,ce it trtc�re than throe (3)employees are employed attd*,all rratifi,ibe City of Delray Beach,Risk Management. �. Contractor has advised all of its employees that'worker' compensation insurance is not provided Thoreforc, Contractor a�m—es to defend, indemnify, safe harmless, and exera t the City, its ctfficers, agents, servants. and:em.jov.ees'..froni .�»d aaain3t an and.'all lam-suits, actions; legal procedins,claims,'demantls,damages,costs,expenses, and attorney's faes resulting from injury to or dektit of persons or dalnave to property ai-igin out of or resttttint- from failure to maintain w=priers' aonipems ion insurance as r6quire by..Chapter 44.0 baf the-.Florida::Stat€tes ("Workers' Compensation La�lS9}. THE t TNDE1 S1G1�ED HA.S.READ THE FORECTON-G RELEASE.AND FULLY UNDERSTANDS IT. Si ne�l sealed and delivered this day of ,20 CAUTJON, READ BEFOR1 SlGNINC BLI D } r �'ltrtcs : F Contractor � -- Print Name' �� _ t"t� � t Print acne: N1 - Mi�1�� STATE.OF FLORIDA. COUNTY OF. The forggbin�instrument alas acknowledged tiefare me this Z-- day of 2014 by David R.Miller(name of person acknow led¢ing),who is personally known'wine': . .JESSICA WYLAIM 43... ` iv��. �^:5tat�ot:FHfI HIa i. - .. Statxtre of Notary i Pahl is 1 y Com. pir Jid 19.2014 r Gomtrtis*a#EE 10t44 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: August 7, 2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 INCREASE EXPENDITURE LIMIT/LHOIST NORTH AMERICA LLC. BACKGROUND Request City Commission consider an increase in the expenditure limit with Lhoist North America of Alabama, LLC (Chemical Lime Company of Alabama) for the purchase of bulk quicklime for use in water treatment, through the Boynton Beach Co-op Bid #009-2821139JMA. The Co-Op includes two other municipalities, the City of Delray Beach and the City of Lake Worth. On October 15, 2013, utilizing this Co-Op contract with Lhoist North America, City Commission approved an estimated annual expenditure limit of $805,400 for Fiscal Year 2014. Year to date expenditures, at 10 months, is $717,796.63. Therefore, staff is requesting a revised expenditure limit for this fiscal year to $900,000 and $900,000 for next fiscal year. However, the cooperative bid contract terminates December 14, 2014, unless renewed. Authorization for fiscal year 2015 is only through December 14, 2014, unless the cooperative bid contract is extended. Quicklime is needed to adjust the pH of the raw water, preparing the water for treatment, and to remove hardness which in turn, prevents scaling in the pipelines. The request and approval for lime is from the Water Treatment Plant's chemical operating budget. Chemical usage at the plant is dependent on the amount of demand for finished water. Compared to last year, demand for finished water was higher this past Fall, 2013, which has resulted in an annual average demand of 0.5 million gallons per day higher than last year. The City of Boynton Beach is the lead agency for this cooperative bid. They approved the award of Bid #009-2821-13/JMA to Lhoist North America of Alabama, LLC (Chemical Lime Company of Alabama, Inc.) at their December 04, 2012. Per the Co-Operative bid, the City's cost is $267.88 per ton of quicklime. The term of the initial contract is two years, which is valid through December 2014, with an option to renew for three (3) additional one (1) year periods providing that all parties agree to the renewal and renewal terms. The method of acquisition for services under this award recommendation was in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(8),"Cooperative Acquisitions" method. The request for the increased expenditure limit is per the Code of Ordinances, Chapter 36, Section 36.03 (B),"Multiple acquisitions from vendor exceeding $25,000 in any fiscal year". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before City Commission is to approve an increased annual expenditure limit of$900,000 with Lhoist North America of Alabama, LLC for this current fiscal year 2014 and fiscal year 2015, contingent upon approval of the 2015 operating budget and renewal of Lhoist North America's contract through the Co-OP agreement. TIMING OF THE REQUEST The approval of this item is of high importance, as ensuring a steady supply of chemicals to the Water Treatment Plant is critical in the production of finished water. FUNDING SOURCE Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals), after a budget transfer. RECOMMENDATION Staff recommends an increased expenditure limit of$900,000 with Lhoist North America of Alabama, LLC (Chemical Lime Company of Alabama, Inc) for the purchase and delivery of bulk quicklime via the City of Boynton Beach Bid No. #009-2821-13/JMA, for this current fiscal year, as well as $900,000 for next fiscal year. However, the cooperative bid contract terminates December 14, 2014, unless renewed. Authorization for fiscal year 2015 is only through December 14, 2014, unless the cooperative bid contract is extended. The a`r'ty of Boynton Beach ti Procurement Services 100 E. Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX. (561)742-6316 December 11, 2012 Lhoist North America of Alabama, LLC Chemical Lime Company 4720 Cleveland Heights Boulevard, Suite 203 Lakeland, FL 33813 Attn: Mr. John Thompson RE: CO-OPERATIVE BID to "FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME" BID NO.: 009-2821-131JIMA BID CONTRACT TERM: DECEMBER 16, 2012 through DECEMBER 15, 2014 Dear Mr. Thompson; At the City Commission meeting of December 4, 2012, the Co-op Bid to "Furnish Deliver and Discharge Quicklime"was awarded to your Company as the lowest, most responsive bidder. The City of Boynton Beach estimated annual expenditure is $295,427.00. This product will be ordered on an "As Needed" basis. The City has a current copy of Chemical Lime Company's Certificate of Insurance on file. We have enclosed bid tabulation sheet for your review. We would like to thank you for responding to this Co-operative Bid and look forward to continue working with you and the Chemical Lime Company. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Buyer at(561) 742-6322, Sincerely, r 1P,—14 Tim W. Howard Director of Financial Services EncL Tabulation Sheet c: Bevis Pigott—Manager, Water Treatment and Quality Barb Conboy—Utilities Manager-Administration Central File File America's Gateway to the GuTstream 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: December 4, 2012 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ MATURE OF ANNOUNCEMENTS/PRESENTATIONS [:1 UNEINISHED BUSINESS AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ® BIDS AND PURCHASES OVER$1 OO,OOO ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Approve award of the"Co-Operative Bid To Furnish, Deliver And Discharge Quicklime", Bid No.: 009-2821-13/JMA,to Lhoist North America of Alabama, LLC as the lowest, most responsive bidder meeting all specifics Ions. stun `- annual expenditure is$295,427.00. This product will be ordered on an "As Needed"basis. CONTRACT PERIOD: December 16, 2012 through December 15, 2014 EXPLANATION OF REQUEST: The City of Boynton Beach is lead agency on this co- operative bid that includes the Cities of Delray Beach and Lake Worth. Bid proposals were solicited based on chemical specifications for quicklime and quantities for the three participating Cities. On November 5, 2012, Procurement Services received and opened two (2) bid proposals for the supply of quicklime. TOTAL PRICE PER TON Carmeuse Lime and Lhoist North America Quantity in Tons Stone of Alabama City of Boynton Beach 1,100 $296.53 $268.57 City of Delray Beach 91 $296.53 $267.88 City of Lake Worth 350 $296.53 $268.57 Based on the bid submittals, Utility Department Staff recommends that the bid be awarded to Lhoist North America of Alabama, LLC. The contract term is for a period of two years with the option to renew for three (3) additional one-year terms. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Lack of, or poor quality, quicklime may result in the scaling of pipelines and increased water hardness to consumers. The purpose of this bid award is to secure a source to provide the best quality quicklime at the most economical price, with delivery to various governmental entities that have elected to participate in the Co-operative bid. FISCAL IMPACT: Funds are available in account 401-2811-536-52-35. Recent fiscal expenditures for this chemical are: • FY 08109 - $237,022 • FY 09110 - $272,438 • FY 10111 - $220,647 • FY 11112 - $226,696 ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or anti-scalants. However, this may lead to higher water treatment costs or possible water quality infractions. REQUEST FOR BID TO FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID No.: 009-2821 -13IJMA BID OPENING DATE: NOVEMBER 5, 2012 BID OPENING TIME: 2:30 P. M. 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Z I 01 0\01 61 01 01 61 61 d1 [ Q 1 lO�q IV d1 1p�[d1 d1 € H I O O O O O O O O f H I r C_J 1 MMMM[+1MMMM r �'i 1 ri Cal r-f ri Cal ri r[r�H ff) r H 1 X10061 d10 mod o M '� f ry' 1 riH -l00MNNH Lrl -Cal r Q I\\\\\\\\\ •• $.{ [ [i 1 0000001616161 [� Q I M I I Cal H r-f H r1 0 rj f �:) I V14 r E-1 I Q 1 ',Lt'04 ill C4 G4 0.1 04 C4 Pa Ln � r U]C7 I d'd+d+d�dldtd'd1d1 Ca�rs r NT W tit r W U W 1\\\\\\\\\ c'A al r UC4 I r1 NNNNr1 Cal r-r Cal L\-a�r � 4k I Cal r3 Cal r--f r-i \L��i I� 1 0101616101 WMH f Qr Q 1 HCal r1H Cal 6 a) r � I � �� [7 Q I cn FL 10)01 6101 01 Q r\ I I'D 19 ko�ot9 W 1$-I r J P: O I O 044U>1 U 101 Cal�I ri rEM MMM W O N I W Ei 1 N Ln Ln u}In ri H,�r-I 1 000000000 1404U r pQ I O00000000 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: August 11, 2014 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 RETROACTIVE APPROVAL OF PRIOR PURCHASESUC WHITE BACKGROUND The Finance Department seeks both retroactive approval of prior purchases and prospective authorization to purchase up to $37,500 of furniture manufactured by the HON Company and distributed locally by JC White. The purchases are under Florida Department of Management Services contract 425-001-12-1 competitively bid via ITB 17-425-001-F, and effective March 2, 2012 through March 1, 2016. These purchases are in accord with the City's Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of other governmental entities' contracts". A copy of the DMS contract and a"most favored nation" letter are attached. Purchases to date in FY 2014 total $ 26,938.50, which exceeds the $ 25,000 threshold for Commission approval in Code Section 36.03(B). We are seeking retroactive authorization for these purchases. Of the nine (9)purchases, the largest single transaction was $7,397.27; the average size was $ 2,993.17. We have identified an additional $7,500 in purchases for this year. We are seeking the $37,500 total authorization to cover any additional unexpected requirements. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. TIMING OF THE REQUEST The $7,500 prospective purchases are current requirements of the Police and Environmental Services departments. FUNDING SOURCE Funding is available from 115-2112-521-64.10 (Special Projects Fund: Machinery/Equipment/Office Furniture/Fixtures) and 441-5111-536-64.10 (Water and Sewer Fund: Machinery/Equipment/Office Furniture/Fixtures). RECOMMENDATION Staff recommends that the City Commission authorize retroactively approval of prior purchases of $26,938.50 and prospectively up to $10,561.50 of HON furniture from JC White. DEPARTMENT OF 14IANAGF�4iENT RICK SCOYr JOHN P.MILES Governor SERVICES Secretary 4050 Esplanade Way Tallahassee,Florida 32399-0950 Tel:850.488.2786 Fax.850.922.6149 i i CERTIFICATION OF CONTRACT TITLE: Office Furniture and Files CONTRACT NO.: 425001-12-1 ITB NO.: 17-425-001-F EFFECTNE: March 2,2012 through March 1, 2016 SUPERSEDES. 425-001-06-1 CONTRACTOR(S): See Attached List I A. AUTHORITY—Upon affirmative action taken by the State of Florida Department of Management Services,a contract has been executed between the State of Florida and the designated contractors. B. EFFECT—This contract was entered into to provide economies in the purchase of Office Furniture and Files by all State of Florida agencies and institutions. Therefore,in compliance with Section 287.042,Florida Statutes,all purchases of these commodities shall be made under the terms,prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS—All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated,exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number,product number, quantity, description of item,with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE—Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor,form PUR7017. Should the vendor fail to correct the problem within a prescribed period of time,then form PUR7029,Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS- Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier arc noted on the ordering instructions ATTACHMENT www.dms.MyFlorida.com HON Government Office Furniture Page 4 of 7 dennis@4tbi.com 59-3151825-001 D Freedman Office Furniture D Galloway Office Supplies and Furniture 3935 West Cypress St 1 0201 NW 21"Street Tampa,FL 33607 Miami,FL 33172 Phorie: 8 i 3-87"5-7775 Phone:305-591-1616 Fax: 813-871-3341 Fax,305-089-4704 Steve Freedman 59-2524876 Ihewitt @freedrnanson iine.com 59-2497230 D GSI Office Environments D Gulf Coast Office Products 110 Brackoll Avenue Suite 310397 653 W 23rd St.4249 Miami,FL 33231 Pnn ina Cry!FL 32405 Phone: 350-613-2532 Phone: 850-814-2413 Fax: 678-392-4641 Jack Rowfe 58-1075626 rojnr @comcast.net 63-09672741 Gulf Coast Office Products D Gulf Coast:Office Products 252 Erg€in Parkway North 6020 Enterprise Drive Ft.Walton Beach,FL 32548 Pensacola,FL 32605 Phone: 850.244-6122 Phone: 850-434-5586 Fax: 850-244-0448 Fax, 850-472-2337 Guy Hill Mike Johnsen guy@gcop.com mike)@gcop,rom 63-09672741 63-0967274 D Herman Miller Workplace D Integrated Facility Systems 9302 Florida Palm Drive M3312 Beach blvd. Tamps,FL 33619 Jacksonville,FL 32207 Phone: 813-620-OU48 Phone,904-398-8100 Fax: 813-62C-1477 Fax: 904-398-1725 Jaclyn Cheatham Chris Kearney jar lyn_cheatham @hermanmiller.com ckeariicy @integratedfacilitysystems.corn 65-0799515 59-3522598-001 D Integrated Facility Systems DJ.C.White-Miramar 629 VV Brevard Street 3501 Commerce Prarkvmy Tallahassee,FL 32304 Miramar.FL 33025 Phone: 850-536-6888 Phone: 954-499-6677 Fax: 950-536-0896 Fax 954-499-6678 Chris Kearney FSteve Kahn ckeamey@ integratedfacilitysystear€s.coir� sieve_kahn @jcrrrite.com 59-3522598-001 39-1851050-001 D J.C.White-Riviera 0 Marco Office Supply 7479 Central industrial Drive 220 Industrial Blvd Riviera Beach,FL 334034 Naples,FL 34104 Phone: 564-848-4982 Phcnc; 239-775-7513 Fax: 561,848-8219 Fax: 239-775-2335 Jim Marzano Brett Watt jtin,rnarzanogc mhlte.com Brett @marcoolficesupp€y.com 59-1851050-003 FEID 59-2153889 D McAleer's Office Furniture Co Inc D Meehan Stationery Co 4625 N Davis Hvijy 900 East New Haven Ave. Pensacola,FL 325U3 Melbourne,FL 32902 Phone: 850-479-1090 Phone: 321-727-3600 Fax: 850-479-Or39 Fax: 321-727-3631 David?McAleer Kathy Meehan david @rncaleers.com sales @Ireehan s.corn 59-2520856-001 59-5143366-001 D MyOfflce Prod ucts M-Jacksonville D MyOfficeProducts--Panama City 4541 5t,Augustine Road,Suite 6 2205B Grant Avenue Jacksonville,FL 32207 Panama City,FL 37405 Phone; 904-98-9335 Phone: 850-914-0001 Fax: 904-39fi-3604 Fax: 850-914-0006 Chad Lazzari Chad Lazzari Chad.lazzari @myofficeproduufs.com Chad,lazzari i-nyofFiceproducts.com 75-3016060 75-302060 l http://www.hon.com/getdoe/6f54410a-88de-40cf-83d5-3 803910fcb5O/State-of-Florida-Or... 7/29/2014 Contractors Awarded: Affordable Interior Systems(AIS),Hudson,MA(A) Allseating Corporation,Mississauga,Ontario, CANADA(A) Allsteel,Inc.,Muscatine,IA(A) Artopex,Inc., Granby, Quebec, CANADA(A) Berco Industries,Inc. Saint Louis,MO(R) CF Group(Commercial Furniture Group) St.Louis,MO(A) Chromcraft Corporation, Senatobia,MS (A) Compatico,Inc.,Grand Rapids,MI(A) DAR/RAN Furniture,High Point,NC(A) Dauphin North America,Boonton,NJ(A) David Edward Company,Ltd.Inc.,Baltimore, MD(A) Encore Seating, Inc., Cerritos, CA (A) Endura LLC,Waukesha, WI(A) ErgoGenesis,LLC,Navasota,TX(A) ESI Ergonomic Solutions,LLC, Mesa,AZ(R) Evans Consoles,Inc.,Calgary,AB,Canada(A) Exemplis CorporationlSitOnit Seating, Cypress,CA(A) Fulmarque DBA EKO, Cleveland,TN(A) Great Openings,Ludington,MI(A) Groupe Lacasse,LLC, St.Pie,Quebec, CANADA(A) Gunlocke Company,LLC, the,Wayland,NY(A) Harter,Middlebury,IN(A) Haworth,Inc.,Holland,MI(A) Herman Miller,Inc.,Zeeland,MI(A) High Point Furniture Industries,Inc.,High Point,NC(A) Highmark,Huntington Beach,CA(A) HON Company,the, Muscatine,IA(A) Hoover Panel Company,Rockwall,TX(A) Humanscale Corporation,Piscataway,NJ(A) Indiana Furniture DBA Indiana Desk,Jasper,IN(A) Integra,Inc.,Walworth,WI(A) Inwood Office Invironments,Jasper,IN(A) Jasper Seating, Jasper,IN(A) Jofco, Inc.,Jasper,IN(A) K&A Manufacturing,Inc., Schofield,WI(A) Kimball International Marketing DBA Kimball Office,Jasper,IN(A) Knoll,Inc.,East Greenville,PA(A) Krueger International(KI), Greenbay, WI(A) Krug,Inc.,Kitchener,Ontario, Canada(A) La-Z-Boy,Ferdinand,IN(A) Logiflex(Mobilier de Bureau), Sherbrooke,Quebec, Canada(A) Magnuson Group Inc., Woodridge,IL(A) Martin Brattrud,Inc., Gardena,CA(A) Maxon Furniture,Kent,WA(A) Mayline Company, Sheboygan,WI(A) National Office Furniture,Jasper,IN Neutral Posture,Inc., Bryan,TX(A) Nevers Industries,Inc., Minneapolis,MN(A) Nucraft Furniture, Comstock Park,MI(A) Page 3 HON Government Office Furniture Page 1 of 7 search CUSTOMER SUPPORT Telephone 800.466.8694 GovernmentGovemment Fumlturr I GSA Contracts I State&Local Contracts Fax W0344.9270 7 arr-6 prn CST,Mori-Fri ENVIRONMENTAL&RECYCI-ING INFORMATION SUPPORT TOOLS Locate a Serial Number State Of Florida Ordering Instructions Vlew Keys&Accessorles Vendor Spurs Vendor Number Read Product FAQ FGw Curr,i,Wns F 427.491,474-DDI ?.U6 Oak srreet GSA Catalog r`7us ii,lre,IA S2 261 Phone:fSGO-460-8694,Fax:{300-833-3902 GSA Matrix Orders can be placed one of two ways: 1.Orders can be made out to HON,c/o of an authorized HON-Stute of Florida Servicing Det)ler. Value for Government the HON Company Remit to:The i-ION Company cjo Servicing Dealer P.0-Box 404422 200 Oak Street Atlanta,CA 30384-4422 Contort HON 7 Muscatine,[A 52761 2.Orders can he made out to HON-Florida Servicing Dealer directly. Svrvicirry Dealer Pemltto:Servicing Deafer (Servicing Dealer address) Please note:ALL orders must have the State of Florida contact nurriber noted on there, HON will accept The State of Florida Purchashrg Carol, Servicing Dealers will as9ist with price qutrtes,specifying product,design and color selectlpns,delivery, installation,and warranty. View list of Servicing Dealers below. HON Government Customer Service: Agencies or Servicing Dealer can call HON Government Customer Service for contract or product informatlan.Services include product specifications,pricing,locating nearest Servicing Dealer,etc,.All I orders under this contract moist be processed by Govemmert Customer Servlre(not Commercial I, Cm orner Service.) I10N Government Customer Service: Ph€no.800-46C 8694 Faret800-633-1902 Email:ho ngsatarn�hpncpnrlaar7y.<:arrr State Of Florida Price Books and Discounting Florida State Contract Number 425-001-12-1 ]`larch 2,261 2-March 1,2016 THE HON COMPANY TPils section deals with pricing and additio nal quantity dlscnunt Information For l ION products as ,,;pedfied by the State of Florida.For ordering instructions,please click here, Pricing Please Note:Pricing is based upon the 110N List Pricer dated January 1, 2014 Price List Name j Number:HON List Pricer,Effective January 1,2014 Doweiioael HON Pricer 11 n Jar€u at,y 297.4 Full tine Pricer Discount Matrix View the Digcount Matrix Quick Ship Program Avallable on select itenns,at a 2,5%list upcharge. Installation installatlon is available upon request,please talk to your Servicing Dealer-. Installation is negotiated on a preject-by-project basis. Installation charges shall Le placed on the Purchase Order as a separate Ilne item. http:l/www.hon.com/getdoe/6f54410a-88de-40cf-83d5-3803910feb5O/State-of-Florida-Or,., 7/29/2014 HON Government Office Furniture Page 2 of 7 Space planning $50.00 flour Shipping/Det6frary Cost FOE Destiriatif>i1 Specifying Information Specifying informatior is located thrnughoou the Price List,Paint,laminate,and rabric pictures are neater in the HON color catalog.Actual sarrrpleS are av211e00 by contacting your Serwcinq Dealer. Payment Terms Payment terms are net 30 days,from date of invoice. Government Credit Cards State of Florida Purchasing cards are accepted.W19tten confirmation and authorized sign-ature are required.Agencies may ,erbally provide card Infermatlon,but products shall be confirmed in writing. Use of credit cards Shall he I time of order placement,with cards charged at time of shipment. Delivery Time Delivery small be 60 days After Roccipt of Order(ARO)or sooner.Complete and concise orders shall be accorded Standard HON iead rmes.Contact your Servicing Dealer or HON Government Custorncr Service for standard lead times. _ HON Government Customer Service: Price quotes and questions should be directed to an authorized Servicing Dealer or HON Government Customer Service.Servicing Dealers will assist with specifying product,design and color selections,price quotes,delivery,and installation. The HON Company Govemment Customer Semite 200 Oak Street Muscatine,IA 52761 Phone: 800-466-8694 Fax:800-833-3902. I Email; hnncJsatcam(�honc'ompany.corr€ HON FLORIDA SERVICING DEALERS M=Denotes certiric:atlen ae a Minority Business Enterprise. 0=Authorized Participatinc Representative(authorized Jay The HON Company to accept orders direct_) Alieglance Office Products DAmerican Business Interiors 5020 Enterprise Drive 2015 S.Waverly Place Pensacola,FL 32505 Melbourne,FL 32901 Phone:850-434-5588 Phone: 321-723-5603 Fax; 650-434-0069 Fax: 321-984-4221 Mark Wright F59 1 229 1 62 27-4271717 D America's Office Source D Business interiors try Staples-Ft Myers 706 7umblll Avenue,Suife 305 12730 Commonwealth,Drive,Ste 8 Alarrionte,FL 32701 Ft Myers,FL 33913 Phone: 407-478-1330 Phone: 239-561-8303 Fax: 407-47ti-0645 Fax: 239-561-3948 Dewey Kemp Linda Dombrowski dewman d7americasoffiCeSOUrLeS.Con) linda-donrbkausri @staplss.com 59-3602575 51-0305216-003(04-3390816 FEID) D Business Interiors by Staples•Jacksonville ID Burinass Interiors by Staples-Miami 6631 Executive Park Ct Big 9100 Ste 106 2305 SW 32nd Avertri ,Bldg L Jacksonville,FL S221di Pembroke Palk,FL 33025 Phonc: 904-908-7704 Phone: 954-744-3116 Fax: 904-998.7705 Fax. 954-744-9101 Don LaCerra Giovioa Palmieri-Griffith don.laeerra rt staples.com giovina,palmiengriffith(a7staplos.com ray-0305216-063(04-3300816 FEID) 04.3390816 FEID fJ Business Interiors by Staples-Ocala D Business tnterfors by Staples-Orlando 2730 SW 3rd Place Unit#€4 10701 Central Port Drive Ocala,FL 34474 Orlando,FL 32824 Phone: 352.867-5239 phone: 407-850-3778 Fax: 352-667.5338 Fax: 407-541-4010 Janice Daniel Mike Johnston janlce_daniel5( sstaples.com mike.johnston@staples.com 51-0305216-003(04-3390816 FEID) 51-0305216-003(04-3390816 FFID) http://www.hon.com/getdoe/6f54410a-88dc-40cf 83d5-3803910fcb5O/State-of-Florida-Or... 7/29/2014 1 ,... jc `y architwctLurll interior products '3y' �rtra� rclustr'ai Or;,je Riv,era 3aacr `i_ 3341;4 P"cr,e ;,3' X13 t)3 Fax: [=- 34 j 27 City of Delray Beach 190 NW 151 Avenue Delray Beach, FL 33444 Dear Director of Purchasing, This letter is to confirm that the pricing offered to the City of Delray Beach by JC White is the lowest price available to any municipality or government agency within the State of Florida. The pricing is established in the Florida State contract #425-001-12-1 Furniture: Office and Files. Do not hesitate to contact me if you have any questions or require additional information. Best regards, I HoGv�rd K'fe�er �� Senior Account Manager 561.848.4982 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: August 11, 2014 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 SPENDING LIMIT INCREASE/ACE HARDWARE BACKGROUND There have been 784 purchases for a total of$20,498.79 made by various departments between October 1, 2013 through August 1, 2014 throughout the City at ACE Hardware for tools, hardware and supplies. Purchases at Ace Hardware are expected to be approximately $30,000.00. In accordance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in any Fiscal Year", staff is requesting an increase in spending in an amount not to exceed $30,000.00 to Ace Hardware to purchase tools, hardware and supplies as needed for FY 2014. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This item is before Commission to approve an increase in spending to Ace Hardware in an amount not to exceed $30,000.00. TIMING OF THE REQUEST Timely approval will facilitate continuing operations. FUNDING SOURCE Funding is available under the approved FY 2014 operating and capital budgets. RECOMMENDATION Staff recommends approval to purchase up to $30,000 in FY2014 from Ace Hardware. ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 INVOICE DATE AMOUNT 20131018 $ 6.49 20131018 $ 35.47 20131018 $ 35.47 20131108 $ 2.24 20131108 $ 2.25 20131108 $ 5.99 20131108 $ 5.99 20131108 $ 42.45 20131018 $ 11.98 20131018 $ 33.48 20131108 $ 23.97 20131018 $ 22.48 20131018 $ 14.98 20131018 $ 30.04 20131018 $ 31.56 20131018 $ 68.32 20131018 $ 230.93 20131018 $ 329.90 20131025 $ 87.53 20131101 $ 9.98 20131101 $ 27.48 20131101 $ 29.93 20131018 $ 49.39 20131101 $ 8.97 20131101 $ 35.96 20131025 $ 32.26 20131025 $ 43.97 20131101 $ 122.37 20131018 $ 8.97 20131018 $ 23.97 20131018 $ 50.99 20131108 $ 19.00 20131108 $ 19.74 20131025 $ 22.53 20131108 $ 25.95 20131108 $ 8.72 20131108 $ 17.43 20131018 $ 3.49 20131101 $ 11.48 20131108 $ 2.29 20131108 $ 4.29 20131108 $ 4.99 20131108 $ 5.99 20131108 $ 6.98 Page 1 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20131108 $ 9.95 20131108 $ 9.96 20131108 $ 11.16 20131108 $ 11.95 20131115 $ 13.92 20131108 $ 22.47 20131108 $ 1.18 20131108 $ 49.71 20131025 $ 26.86 20131101 $ 16.27 20131101 $ 1.04 20131101 $ 7.49 20131108 $ 4.99 20131108 $ 7.49 20131108 $ 8.99 20131108 $ 8.99 20131108 $ 11.26 20131108 $ 11.97 20131108 $ 16.98 20131108 $ 22.97 20131108 $ 26.06 20131108 $ 26.14 20131108 $ 33.45 20131108 $ 37.54 20131108 $ 61.42 20131108 $ 67.06 00000000 $ 2.74 00000000 $ 2.75 00000000 $ 5.24 00000000 $ 5.24 00000000 $ 6.49 00000000 $ 6.50 00000000 $ 6.98 00000000 $ 6.99 20140801 $ 1.99 20140801 $ 1.99 20140801 $ 5.78 20140801 $ 5.78 00000000 $ 53.97 00000000 $ 112.90 20140801 $ 9.37 20140801 $ 19.99 00000000 $ 4.98 00000000 $ 5.48 00000000 $ 16.99 20140801 $ 19.45 00000000 $ 14.99 Page 2 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140801 $ 5.35 00000000 $ 9.97 00000000 $ 29.97 00000000 $ 39.46 00000000 $ 44.46 20140801 $ 15.98 00000000 $ 38.97 00000000 $ 57.94 20140801 $ 12.99 20140801 $ 35.96 20140606 $ 75.92 20140516 $ 3.49 20140516 $ 3.50 20140516 $ 4.99 20140516 $ 4.99 20140516 $ 5.58 20140516 $ 5.58 20140606 $ 7.99 20140606 $ 7.99 20140613 $ 18.98 20140613 $ 18.98 20140613 $ 51.96 20140613 $ 51.96 20140523 $ 10.49 20140530 $ 23.98 20140606 $ 8.49 20140606 $ 8.98 20140606 $ 10.43 20140606 $ 10.78 20140606 $ 11.37 20140606 $ 14.99 20140606 $ 15.48 20140606 $ 27.98 20140606 $ 31.99 20140606 $ 38.23 20140613 $ 28.98 20140530 $ 1.72 20140530 $ 6.00 20140606 $ 19.35 20140523 $ 34.46 20140613 $ 13.98 20140613 $ 47.87 20140516 $ 59.97 20140606 $ 19.98 20140606 $ 93.92 20140606 $ 108.95 20140606 $ 131.86 Page 3 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140523 $ 18.77 20140620 $ 33.97 20140620 $ 37.95 20140516 $ 71.96 20140523 $ 13.97 20140530 $ 6.98 20140530 $ 12.98 20140613 $ 19.99 20140620 $ 22.48 20140620 $ 9.99 20140516 $ 30.98 20140530 $ 21.84 20140523 $ 1.92 20140523 $ 2.58 20140523 $ 8.98 20140523 $ 18.47 20140523 $ 27.47 20140516 $ 8.14 20140516 $ 19.99 20140516 $ 23.98 20140516 $ 170.95 20140530 $ 18.48 20140613 $ 27.99 20140613 $ 54.99 20140613 $ 64.96 20140516 $ 3.58 20140516 $ 4.49 20140516 $ 4.49 20140516 $ 15.99 20140516 $ 19.99 20140516 $ 35.96 20140516 $ 40.95 20140523 $ 9.99 20140620 $ 12.98 20140620 $ 11.98 20140620 $ 8.98 20140523 $ 13.98 20140523 $ 28.98 20140523 $ 32.94 20140523 $ 55.82 20140606 $ 158.97 20140530 $ (6.01) 20140530 $ 15.99 20140606 $ 10.00 20140606 $ 16.47 20140606 $ 28.95 20140613 $ 33.27 Page 4 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140321 $ 3.74 20140321 $ 3.75 20140321 $ 4.99 20140321 $ 4.99 20140321 $ 13.37 20140321 $ 13.38 20140328 $ 5.39 20140328 $ 5.39 20140321 $ 9.99 20140328 $ 13.98 20140404 $ 3.29 20140404 $ 7.98 20140404 $ 10.98 20140404 $ 40.77 20140404 $ 9.96 20140314 $ 7.79 20140314 $ 73.20 20140328 $ 66.78 20140328 $ 64.76 20140328 $ 194.92 20140404 $ 34.45 20140314 $ 12.78 20140404 $ 14.99 20140411 $ 5.99 20140411 $ 5.99 20140411 $ 7.99 20140411 $ 7.99 20140321 $ 28.12 20140404 $ 15.46 20140314 $ 11.47 20140314 $ 12.23 20140314 $ 37.92 20140314 $ 40.23 20140321 $ 27.97 20140411 $ 26.48 20140411 $ 27.95 20140411 $ 29.47 20140328 $ 9.46 20140321 $ 6.98 20140321 $ 10.78 20140411 $ 29.77 20140411 $ 25.97 20140411 $ 7.77 20140411 $ 76.42 20140314 $ 13.74 20140321 $ 7.49 20140321 $ 20.26 Page 5 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140411 $ 4.99 20140411 $ 49.30 20140411 $ 22.96 20140411 $ 11.05 20140411 $ 22.98 20140411 $ 26.75 20140411 $ 4.99 20140328 $ 0.59 20140328 $ 19.28 20140328 $ 21.89 20140404 $ 18.46 20140404 $ 22.57 20140328 $ 15.99 20140321 $ 17.98 20140314 $ 2.95 20140314 $ 31.67 20140314 $ 33.45 20140314 $ 44.73 20140321 $ 7.07 20140321 $ 14.99 20140321 $ 9.00 20140321 $ 23.48 20140321 $ 17.49 20140321 $ 46.23 20140328 $ 3.98 20140404 $ 18.06 20140404 $ 3.98 20140404 $ 22.47 20140404 $ 31.39 20131122 $ 2.58 20131122 $ 2.58 20131122 $ 2.99 20131122 $ 3.00 20131122 $ 12.49 20131122 $ 12.50 20131220 $ 3.49 20131220 $ 3.49 20131220 $ 16.33 20131220 $ 16.34 20131122 $ 10.99 20131122 $ 11.98 20131122 $ 17.56 20131122 $ 20.97 20131122 $ 23.46 20131122 $ 41.98 20131122 $ 41.99 20131213 $ 15.93 Page 6 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20131213 $ 15.98 20131122 $ 34.99 20131122 $ 2.58 20131122 $ 17.99 20131122 $ 20.98 20131122 $ 21.99 20131122 $ 23.98 20131122 $ 34.96 20131206 $ 12.49 20131206 $ 37.38 20131213 $ 6.99 20131213 $ 11.28 20131213 $ 15.98 20131213 $ 22.97 20131213 $ 28.78 20131220 $ 91.93 20131213 $ 17.98 20131213 $ 4.49 20131122 $ 24.98 20131213 $ 36.53 20131220 $ 10.98 20131122 $ 9.49 20131220 $ 2.70 20131220 $ 5.98 20131220 $ 6.08 20131220 $ 7.36 20131220 $ 7.98 20131220 $ 7.99 20131220 $ 21.98 20131220 $ 23.97 20131220 $ 27.98 20131220 $ 35.07 20131220 $ 35.50 20131220 $ 59.72 20131220 $ 65.98 20131213 $ 5.98 20131213 $ 8.48 20131115 $ 57.11 20131122 $ 2.36 20131122 $ 8.46 20131122 $ 8.77 20131206 $ 2.49 20131206 $ 3.40 20131206 $ 4.12 20131213 $ 1.98 20131213 $ 20.94 20131213 $ 37.45 Page 7 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20131213 $ 39.46 20131115 $ 3.87 20131115 $ 10.07 20131115 $ 26.96 20131115 $ 33.55 20131122 $ 9.48 20131122 $ 15.51 20131122 $ 38.75 20131127 $ 6.99 20131127 $ 21.06 20131127 $ 24.75 20131127 $ 30.55 20131220 $ 4.79 20131220 $ 6.00 20131220 $ 13.99 20131115 $ 27.98 20131115 $ 51.54 20131115 $ 54.72 20131115 $ 101.94 20131115 $ 179.88 20131115 $ 17.98 20131115 $ 34.22 20131122 $ 19.99 20131122 $ 20.99 20131122 $ 44.86 20131122 $ 69.90 20131127 $ 5.99 20131127 $ 305.91 20131206 $ 10.99 20131213 $ 8.95 20131213 $ 13.99 20131213 $ 64.84 20131213 $ 50.25 20131213 $ 12.68 20131220 $ 74.90 20131220 $ 1.99 20131220 $ 22.99 20131220 $ 12.36 20131220 $ 64.14 20140418 $ 10.07 20140418 $ 10.07 20140418 $ 23.46 20140418 $ 23.47 20140425 $ 12.89 20140425 $ 12.90 20140502 $ 1.29 20140502 $ 1.29 Page 8 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140418 $ 4.80 20140418 $ 8.98 20140418 $ 13.49 20140418 $ 27.87 20140418 $ 131.96 20140425 $ 2.40 20140425 $ 7.99 20140425 $ 34.95 20140509 $ 18.99 20140418 $ 79.51 20140509 $ 11.23 20140502 $ 1.50 20140502 $ 7.98 20140502 $ 10.99 20140502 $ 14.47 20140502 $ 36.96 20140502 $ 49.94 20140502 $ 72.97 20140502 $ 168.38 20140509 $ 34.42 20140418 $ 18.97 20140418 $ 21.47 20140425 $ 30.98 20140502 $ 10.47 20140411 $ 14.99 20140418 $ 24.99 20140425 $ 4.00 20140425 $ 97.95 20140418 $ 20.27 20140418 $ 69.94 20140425 $ 13.35 20140425 $ 21.26 20140425 $ 29.05 20140425 $ 40.98 20140502 $ 1.49 20140502 $ 19.98 20140502 $ 59.97 20140509 $ 15.97 20140509 $ 17.98 20140509 $ 21.57 20140509 $ 45.15 20140509 $ 53.47 20140509 $ 62.76 20140509 $ 65.89 20140509 $ 65.94 20140502 $ 3.98 20140502 $ 17.46 Page 9 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140502 $ 68.47 20140411 $ 4.98 20140411 $ 10.99 20140411 $ 18.28 20140411 $ 8.99 20140411 $ 7.30 20140411 $ 8.98 20140411 $ 5.99 20140411 $ 6.48 20140411 $ 8.99 20140411 $ 9.19 20140411 $ 12.98 20140411 $ 12.98 20140411 $ 15.98 20140411 $ 23.96 20140411 $ 31.99 20140411 $ 33.44 20140411 $ 58.46 20140418 $ 1.99 20140418 $ 3.98 20140418 $ 6.99 20140418 $ 10.49 20140418 $ 19.74 20140418 $ 28.93 20140418 $ 41.22 20140418 $ 43.95 20140425 $ 5.99 20140425 $ 7.49 20140425 $ 30.67 20140425 $ 33.97 20140425 $ 44.80 20140502 $ 5.78 20140502 $ 6.58 20140502 $ 9.95 20140502 $ 63.82 20140509 $ 5.40 20140509 $ 13.99 20140509 $ 18.49 20140509 $ 33.98 20140418 $ 24.93 20140418 $ 18.28 20140418 $ 29.94 20140418 $ (4.00) 20140418 $ 9.30 20140418 $ 12.99 20140418 $ 2.00 20140418 $ 4.49 Page 10 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140425 $ 30.21 20140425 $ 7.98 20140425 $ 7.99 20140425 $ 39.84 20140425 $ 41.73 20140425 $ 10.98 20140425 $ 37.95 20140509 $ 14.06 20140725 $ 37.50 20140703 $ 2.79 20140703 $ 2.79 20140703 $ 2.99 20140703 $ 3.00 20140725 $ 2.58 20140725 $ 2.58 20140725 $ 6.38 20140725 $ 6.38 20140725 $ 19.21 20140725 $ 19.22 20140703 $ 9.49 20140725 $ 5.99 20140725 $ 7.88 20140725 $ 10.48 20140725 $ 18.48 20140725 $ 19.97 20140725 $ 33.97 20140725 $ 10.98 20140703 $ 92.98 20140711 $ 63.22 20140627 $ 7.97 20140627 $ 23.97 20140703 $ 16.98 20140703 $ 43.58 20140725 $ 20.99 20140725 $ 33.99 20140627 $ 3.49 20140703 $ 8.09 20140703 $ 1.30 20140703 $ 1.79 20140703 $ 2.34 20140703 $ 3.99 20140703 $ 4.49 20140703 $ 4.80 20140703 $ 5.75 20140703 $ 5.99 20140703 $ 11.13 20140703 $ 12.80 Page 11 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140703 $ 13.98 20140703 $ 14.97 20140703 $ 19.98 20140703 $ 25.98 20140703 $ 27.05 20140703 $ 36.21 20140620 $ 22.17 20140711 $ 11.99 20140711 $ 14.98 20140711 $ 14.98 20140711 $ 39.46 20140711 $ 39.98 20140711 $ 41.55 20140718 $ 26.74 20140718 $ 31.96 20140725 $ 3.99 20140627 $ 3.87 20140627 $ 14.40 20140627 $ 16.49 20140627 $ 21.50 20140627 $ 25.93 20140627 $ 28.27 20140627 $ 29.96 20140627 $ 32.99 20140627 $ 53.96 20140620 $ 3.79 20140620 $ 7.98 20140620 $ 9.99 20140620 $ 13.77 20140620 $ 21.98 20140627 $ 7.20 20140627 $ 7.49 20140627 $ 9.99 20140627 $ 55.52 20140703 $ 15.98 20140703 $ 32.99 20140703 $ 33.00 20140711 $ 31.54 20140711 $ 64.05 20140718 $ 23.95 20140725 $ 13.38 20140725 $ 34.99 20140725 $ 36.44 20140725 $ 16.97 20140725 $ 22.28 20140703 $ 7.46 20140703 $ 22.98 Page 12 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140627 $ 9.99 20140627 $ 28.50 20140627 $ 32.91 20131227 $ 34.50 20140124 $ (62.97) 20140124 $ 62.97 20140110 $ 2.49 20140110 $ 2.49 20140110 $ 3.24 20140110 $ 3.25 20140110 $ 4.58 20140110 $ 4.59 20140110 $ 11.37 20140110 $ 11.37 20140110 $ 11.98 20140110 $ 11.99 20131227 $ 7.78 20131227 $ 8.98 20131227 $ 33.95 20131227 $ 42.33 20140103 $ 5.99 20140110 $ 96.84 20140124 $ 10.96 20140131 $ 4.49 20140131 $ 7.99 20140131 $ 9.99 20140131 $ 53.98 20140110 $ 10.32 20140131 $ 29.96 20140131 $ 55.80 20131227 $ 10.98 20131227 $ 13.78 20131227 $ 3.58 20131227 $ 5.97 20131227 $ 6.99 20140103 $ 6.60 20140103 $ 7.98 20140110 $ 2.49 20140110 $ 12.96 20140110 $ 32.90 20140117 $ 12.01 20140117 $ 14.73 20140117 $ 29.47 20140117 $ 47.97 20140124 $ 1.99 20140124 $ 9.99 20140124 $ 14.98 Page 13 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140124 $ 23.94 20140124 $ 31.85 20140124 $ 39.47 20140124 $ 43.85 20140124 $ 58.67 20140124 $ 75.45 20140124 $ 111.68 20140131 $ 1.99 20140131 $ 43.11 20140131 $ 67.98 20140103 $ 13.97 20140131 $ 24.99 20140131 $ 39.73 20140124 $ 63.40 20140124 $ 111.91 20140103 $ 9.95 20140103 $ 22.92 20140124 $ 23.12 20140124 $ 88.43 20140131 $ 32.98 20131227 $ 13.98 20140131 $ 16.99 20140103 $ 8.60 20140117 $ 34.45 20131227 $ 36.92 20131227 $ 95.20 20140103 $ 0.92 20140103 $ 7.96 20140103 $ 54.90 20140103 $ 124.85 20140110 $ 3.49 20140110 $ 11.98 20140110 $ 21.46 20140124 $ 14.99 20140124 $ 17.47 20140124 $ 26.97 20140124 $ 49.95 20140124 $ 13.16 20131227 $ 2.36 20140110 $ 27.45 20140131 $ 33.51 20131227 $ 7.37 20131227 $ 30.59 20140103 $ 1.49 20140103 $ 7.19 20140103 $ 31.46 20140117 $ 7.57 Page 14 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140131 $ 5.99 20140131 $ 11.78 20140131 $ 14.08 20140131 $ 19.35 20140131 $ 23.44 20131227 $ 29.26 20131227 $ 50.98 20140110 $ 18.48 20140110 $ 24.99 20140110 $ 25.44 20140110 $ 34.47 20140110 $ 70.97 20140110 $ 153.86 20140117 $ 16.99 20140117 $ 17.91 20140117 $ 28.95 20140117 $ 35.55 20140124 $ 4.74 20140124 $ 5.07 20140124 $ 7.32 20140124 $ 8.99 20140124 $ 14.43 20140124 $ 21.43 20140124 $ 39.41 20140124 $ 70.22 20140124 $ 97.96 20131227 $ 9.97 20131227 $ 13.47 20131227 $ 24.97 20131227 $ 44.94 20131227 $ 12.98 20131227 $ 33.99 20131227 $ 15.92 20140103 $ 9.99 20140103 $ 15.73 20140103 $ (34.86) 20140103 $ 88.72 20140117 $ 29.48 20140131 $ 12.99 20140207 $ 9.78 20140207 $ 9.78 20140207 $ 10.48 20140207 $ 10.49 20140214 $ 3.99 20140214 $ 4.00 20140214 $ 7.74 20140214 $ 7.74 Page 15 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140214 $ 12.88 20140214 $ 12.88 20140228 $ 5.98 20140228 $ 5.99 20140214 $ 41.99 20140307 $ 5.99 20140307 $ 17.96 20140214 $ 25.75 20140214 $ 42.66 20140214 $ 45.39 20140214 $ 53.94 20140221 $ 5.94 20140221 $ 12.65 20140221 $ 24.46 20140221 $ 25.93 20140307 $ 3.49 20140307 $ 4.79 20140307 $ 15.28 20140307 $ 23.06 20140207 $ 79.98 20140307 $ 33.76 20140214 $ 20.26 20140214 $ 67.19 20140207 $ 39.37 20140214 $ 29.96 20140221 $ 3.96 20140221 $ 24.98 20140221 $ 33.99 20140207 $ 14.99 20140221 $ 23.95 20140307 $ 12.98 20140307 $ 25.98 20140228 $ 3.49 20140228 $ 7.98 20140207 $ 0.55 20140207 $ 7.24 20140221 $ 18.44 20140221 $ 10.79 20140221 $ 23.97 20140221 $ 26.14 20140221 $ 49.20 20140307 $ 82.58 20140214 $ 44.15 20140228 $ 8.99 20140228 $ 10.39 20140228 $ 11.48 20140228 $ 35.46 Page 16 of 17 ACE HARDWARE PURCHASES 10/01/2013 - 08/01/2014 20140307 $ 2.60 20140307 $ 5.16 20140307 $ 12.98 20140207 $ 20.16 20140207 $ 31.33 20140207 $ 63.92 20140207 $ 107.45 20140207 $ 164.97 20140214 $ 12.38 20140214 $ 99.98 20140228 $ 14.33 20140228 $ 20.98 20140228 $ 31.48 20140228 $ 37.55 20140228 $ 42.96 20140207 $ 3.27 20140207 $ 9.95 20140207 $ 11.25 20140207 $ 17.98 20140207 $ 124.81 20140221 $ 8.49 20140221 $ 84.71 20140207 $ 23.46 20140214 $ 160.85 20140214 $ 17.99 20140214 $ 339.90 20140214 $ 5.00 20140214 $ 7.99 20140221 $ 38.97 20140221 $ 27.46 20140221 $ 19.39 20140228 $ 12.98 20140307 $ 48.45 20140307 $ 45.97 $ 20,498.79 Page 17 of 17 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Parks & Recreation Director THROUGH: Terry Stewart, Interim City Manager DATE: August 15, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 LANDSCAPE MAINTENANCE AGREEMENT RENEWAL/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA,INC. BACKGROUND Bid No. 2013-33 was an award to Complete Property Services of South Florida, Inc. for landscape maintenance services of the Atlantic Avenue Gateway Feature in the amount of$29,180.00. Per Page 4, Section 20, "Renewal', of the General Conditions of the bid package, Parks Maintenance recommends a one (1)year renewal to the original contract, at the same terms, prices and conditions. Complete Property Services of South Florida, Inc. agreed on July 29, 2014 to a one (1) year renewal. The vendor has provided satisfactory services during the initial term of this contract. This is in accordance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This item is before Commission to approve renewal of a landscape maintenance agreement with Complete Property Services of South Florida, Inc., for landscape maintenance services of the Atlantic Avenue Gateway Feature for one (1)year. OPERATING COST Funding has been requested in the FY 2014/2015 departmental operating budget, Account No. 001- 4131-572-46.40 (General Fund: Repair & Maintenance Services/Beautification Maintenance) for a toal amount of$29,180.00. TIMING OF THE REOUEST This item is time sensitive. FUNDING SOURCE Funding is available from 001-4131-572-46.40 (General Fund: Repair & Maintenance Services/Beautification Maintenance). RECOMMENDATION The Parks and Recreation Department recommends a one (1) year contract renewal to Complete Property Services of South Florida, Inc. in the amount of$29,180.00 for the landscape maintenance of the Atlantic Avenue Gateway. EIS Y OF UELRRY KNEW DEL€AY BEACH All-America City s July 29, 2014 Cfiiplete Property Services of South Florida, Inc. Attu:Pat Yong, President PO Box 970076 Coconut Creek, FL 33097 REF: BID#12013-33 Landscape Maintenance Atlantic Avenue Gateway Feature Annual Contract 1s' One Year Renewal Dear Mr. Yong; The annual contract for the above referenced Bid expired on July 07, 2014. Per page #4, Section 20 "Renewal" of the General Conditions of this bid package, "The City Commission or their designee, i.e. the City Manager may renew the contract, at the same terms, conditions, and prices for two (2) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". Please advise if this one (1) extension of your contract executed on July 08, 2013 at the same prices, terms and conditions would be acceptable. Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida, 33444 or by email: Sincerely, Patsy Na urchasing Manager 0 ° I hereby agree to the one (1)year extension of the subject Bid 0 1 am unabl t�rovide a one(1)year extension of the subject Bi r[� Signature Dat ## Name (print) cc: Jack Warner, Chief Financial Officer Suzanne Davis, Director of Parks and Recreation Tim Simmons,Parks Superintendent Senovain Stephens, Assistant Superintendent July 11, 2013 Complete Property Services of South Florida, Inc. Attn: Pat Yong,President 5455 NW 24`h Street Margate; FL 33063 RE: Bid 92013-33 Landscape Maintenance Atlantic Avenue Gateway Feature Annual Contract Dear Mr. Yong; Enclosed is one(1) copy of the executed contract for the above referenced bid awarded to Complete Property Services of South Florida, Inc. by the City Commission of Delray Beach on June 04, 2013, Term of the Contract will be from July 08, 2013 through July 07, 2014 with the option to renew for two(2) consecutive terms of one(1)year. We would like to thank you for your service and interest in the City of Delray Beach. If you have any questions, you may contact me at(561) 243-7161. /Sincerely, Patsy Naddl,Purchasing Manager Enclosure (1) cc: David Boyd, Finance Director Tim Simmons, Acting Director of Parks and Recreation Senovain Stephens, Parks Superintendent Sherry Dungey,Executive Assistant IF CITY OF DELRAY BEACH 100 NW I"AVENUE,DELRAY BEACH,FL 33444 BID No. 2013-33 LANDSCAPE MAINTENANCE. ATLANTIC AVENUE GATEWAY FEATURE ANNUAL CONTRACT MAYOR CARY D.GLICKSTEIN VICE MAYOR ADAM FRANKEL DEPUTY VICE MAYOR -ANGELETA GRAY COMMISSIONER -AL JACQUET COMMISSIONER -SHELLY E.PETROLIA CITY MANAGER -LOUIE CHAPMAN,JR. Purchasing Division*Finance Department 4(561)243-7161/7163+Fax(561)243-7166 (BOMPLETE ORIGINAL PROPERTY @ERVICES OF SOUTH FLORIDA, INC. -. INSURED LANDSCAPING-LAWN MAINTENANCE•TREE SERVICE-IRRIGATION•LICENSED•I DN E -BONDED I i CITY CAF DELRAY BEACH BID No. 201 3-33 LANDSCAPE MAINTENANCE ATLANTIC AVENUE GATEWAY FEATURE ANNUAL CONTRACT BID CLOSE DATE: MAY W, 2013 x@10:00 A.M. PURCHASING OFFICE: 100 N.W. 1IT Avenue. Delray Beach, FL 33444 OfficefWarehouse: 5455 N.W. 24 Street, Margate, FL 33063 Mailing Address: P.O. Box 970076, Coconut.Creek, FL 33097 Office_ (954) 974-5151 Fax: (954) 974-5153 www.completepropertygroup.com Email: cps@completepropertygroup.com ADDENDUM NO. 1 BID No.2013-33 LANDSCAPE MAINTENANCE ATLANTIC AVENUE GATEWAY FEATURE ANNUAL CONTRACT April 30,2013 I TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. 1.Mowing: Use Reel mowers for Celebration sod. Use Rotary mowers for St.Augustine sod NOTE'. Bidders must acknowledge Receipt of this Addendum by: a Write the words"Addendum No. 1" on tb.e exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO:.. I BY SIGNING BELOW AND FAXING BACK TO THE PURCHASING DEPARMENT AT (561) 243-7166 OR EMAIL nadai(t-ymydelraybeach.eom AS SOON AS POSSIBLE. _Complete Property Services of South Florida, Inc. Plan holder PAT YONG ek, PRESIDENT Y 5/01113 Date Addendum No.1 Bid No.2013-33 I CITY OF DEL AY BEACH V INVITATION TO BID Bid No, 2013-33 LANDSCAPE MAINTENANCE-ATLANTIC AVENUE GATEWAY FEATURE ANNUAL CONTRACT Table of Contents Invitation to laid 1 General Conditions,Instructions and InfornvWori IndemnitylHold Harmless Agreement q Cone Of Silence e Insurance RegWreenenEs 9 Insurance Form Samples 1G Standard Form of Agreement J.Corporate Acknowledgment 16 Certificate(if Corporation) 77 Surety Performance and Payment Bond 18'-19 Specifications 20-22 Landscape Maintenance and Tash 23-29 Schedule of Pricing 30-35 Drug Free.Worieplace Certification 3r, References 37 List of Vendors Equipment Bid Signature Form 39 chech list 40 Statement of No Bid 41 Attachment�t(Project Notes) 42 Attachment B(Business Tax Receipt Application) 43. Bid No.2013-33 LS-Atlantic Ave Gateway Feature 0 CITY OF DEL RAY REACH INVITATION TO BID PURCHASING OFFICE i 100 N:W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-716117163 Fax (561) 273-7166 i BID NO: 2013-33 DATE, April 22, 2013 { TITLE: Landscape Maintenance -Atlantic Avenue Gateway Feature -Annual Contract - i BIDS MUST BE RECEIVED ON OR BEFORE: 10:00_A.M. on or before Tuesday, May 14, 2013 at which time ail bids will be publicly opened and read. INVITATION TO BID i This Invitation to Sid, General Conditions, Instructions to Bidders, Special Condifuons, Specifications,Addenda andlor any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) andlor services as listed herein for the City of Delray Beach, Florida, hereinafter called the CiTY, A MANDATORY PRE-BID CONFERENCE has been scheduled for Tuesday, Aril 30 2013, at 10:00 A.M. time located at City Hall--1'�'Floor Conference Room,100 N.W. 14"Avenue,Dekray 4ach. FL 33444 All interested bidders are required to attend and be prepared to ask questions. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be,opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be subrnitted in-sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 160 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VENDOR NAME, BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sale 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 SID 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 andlor City Commission. Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any State or National Bank of Florida or an acceptable.surety performance bond in an amount not less than five percent (5%) of the base bid, as guarantee that the BIDDER will not withdraw from the competition after the opening the bids and, if written notice is given of such award, enter into a written Contract with the City of Delray Beach, Florida, in accordance with the written Proposal. Should the successful BIDDER fail to enter into a Contract, the check or surety performance bond shall be forfeited as liquidated. damages. AWARD: The City reserves the right to waive minor variations to specifications, inforrnalitles, irregularities and technicalities in any bids, to reject any and ali bids in whole or in park, with or without cause, andlor 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. .:—The City of Delray Beach, Florida reserves the right to accept andlor reject any and ail proposals, to waive informalities, to re-advertise and to award the Contract in its best interest. Bid No.2013-33 LS-Atlantic Ave Gateway Feahue 1 I GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR 13IDDERS. 11 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 initiaied 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 imp5ed by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting-contracts, These quantities are for bidders' information only and will be used for tabulation and presentation of bid, 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B: Prices should be stated in units of quantity specified in the bidding specifications 4 case of discrepancy in compufing the amount of the bid, the unit price(s)quoted wilt 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 andlor 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 shouid reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B: Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof,without obligation if dei-Very is not made at the times) specified on bid form. Bid No,2013-33 LS-Atlantic Ave Gateway Feature 2 s. 13RAND NAMES: If and whenever in the specificatior•Es 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: i All materials used for the manufacture or construction of any suppfies..m.aierials, 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 d not used in testing or destroyed, will upon request within thirty(30)days of bid award be returned at bidder's expense. a. 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 productto 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 hoid 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 violaEion, 11. COMPLIANCE WITH SAFETY STANDARDS: A, All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards and OSHA requirements. 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 4eaving at the end of each working day. All debris, limbs and fronds.will be picked up the same day of pruning. Failure to pick up debris will result in.a$50.00 per daY fault fee, as long as debris remains, 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal, Bid No.2013-33 LS-Atlantic Ave Gateway Featare 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 sLch 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,PERIVlITS, CITY OF DELRAY BUSINESS TAX RECEIPT: 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.@ 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 Band requirements, please contact the City's Risk Management Office at (561) 243-7150. See pages 9 & 10 for Insurance.Requirements. A"sample" certificate has been attached. D. BUSINESS TAX RECEIPT REGISTRATION: A business tan receipt is a tax levied upon all businesses within the municipal boundaries. Payment of the tax receipt does not certify or imply the competence of the licensee. Within Florida, most cities and counties have a business tax receipt If you engage or manage any business, profession, or perform any business within our City limits, you need to purchase a tax receipt. See "Attachment B" for application, When applying, you will need a copy of your business license from the municipality where your business is located. Registration fee is$11.58. 15. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT; If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. S, Any omissions of detail specifications.stated herein that would render the materiallservice 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 ail Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City- of Delray Beach is exempt from any sales tax imposed by the State and/or f=ederal Government Exemption certificates certified upon request- State Saies Tax Exemption Certificate No. 85-80126215590-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return"Statement of No Bid Form' and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. Bid No.2013-33 LS Atlantic Ave Gatswa}Feanire 4 I 5. EXCEPTIONS TO CONDITIONS, 1 THRU 18(Boller Plate) Any time Bid Specifications differ frorn the General. Conditions, Bid Specifications. and Special Provisions will prevail. 20. RENEWAL: The City Commission or their designee.may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21, ANTI-COLLUSION- A. Bidder certifies that this bid is made without prior understanding. agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. 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 resvit 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 if relates or in any portion of the profits thereof, or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent(10) or more in the bidder's firm or any of its branches. 23, NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, hartidicapped 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: employments 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 enbly 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 pubic 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: i Bid No.2013-33 LS-Atlantic Ave Gateway Feature g { 25. BID PROTEST_ The time limit for filing a protest is five(5)calendar days from the date that the bid recommendation is posted and said recommendation becomes public information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, solicitation or award must be filed in writing with ' the Purchasing Officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to- City of Delray Beach Purchasing Manager 100 NW 1 Ave Delray Beach, FL 33444 Bid No.3013-33 LS-Atlantic Ave Gateway Feature 6 I. Contractor shal}, in addition to any other ribligation to indemnify the City of Delray Been Florida and to the l fullest extent permitted by lave, 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 casts arising out of any bodily injury, sickness. disease or death, or injury to cc 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 .emission, 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 anv limltatlon on the amount,type of damages, compensation or benefits payable by or for the Contractor or any subcontractor undar any con4,ma t or agreement or under workers compensation acts; disability benefit acts, ot'ner e empioyea benefit acts or any statutory bar. Any cost of expanses,.including attorney`s fens, appellate, bankruptcy or defense counselfees incurred by the City of Delray Beach to enforce this Indemnification cause shall be borne by the Contractor. The obligations contained in this lndernnifkcation Ciause shall continue indefinitely and survive the rancellation, termination,expiration, lapse er suspension of this agreement. Contractor's Maine. COMPLETE PROPERTY SERVICES Signature OF SOUTH FLORIDA,INC. c Bid No.2013-33 L5-Adantic Ave Gateway Feature. 7 COKE OF SILENCE l 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"Cane of Silence"is in effectfrom the dateltlme that the laid is I placed on"DemandstaC by the City. The"Cone of Silence"will terminate upon the posting of the"RECOMMENDATION"of award. However, bidders may communicate with City employees who are present at the mandatory pre-bid me- eting 1 dudnq the actua4p,e-bid meeting. Once the pre-bid meeting is over, bidders may only communicate with eMgloyees of the Purchasing Division, Contractor's name COMPLETE PROPERTY SERVICES 8tgnature OF SOUTH FLORIDA,INC. Bid No.2013-33 LS-Atlantic Ave Gateway Feature � i - — - INSURANCE REQUIREMENT A. GENERAL During the terra of the contract with the City, the contractor shall procure and maintain insurance of the 'types and to the limrts specified in paragraphs(1)to(4) inclusive below. 13, COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's ComRensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employers Liability with a limit of$100,DD0 each accident, 2, Comprehensive General Liability - Coverage must be afforded on a Form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the insurance Services Office and must include: a) Minimum limb of 5300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors- d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy-Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Faired and Mon-Owned Vehicles. d) Employer[ion-Dwnership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insuranm Administrator prior to commencement of work. The required certificates_of insurance shall not only name the types of policies provided but shall also refer specmcally to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. and shall state that such insurance is required by such paragraphs_of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewar certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words 'endeavor to" and'but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative'' shall be crossed out as indicated on the attached "Sample of insurance Certificate".. i Bid No.2013-33 LS-Atlantic Ave Gateway Feature 9 Attachment I, 1 of 3 ACORf3 GLR7[F1CA`�E OF L [L[�[NSURANGE M GEFMFTcATE I5;tSUED AS A mkTrER OF LHFOUAT10H ... ONEY AND C()RFERS NR RlG,F11•S UP04 THE CeFtr1E1CP.TE Gaod Insurance, -Inc. N[)10s rims cEKrFp p�TE LX3ES wor AuEHo EXTEND a.R P.O. Box A-1 atri a ntE covF�ac�AoRDED sr mr.PMcFs sELDw. Best City, USA 00000 INSURER AF bRi]INGCCNERAGE HP.Icl- ,� msuA�k WilliTig workers Assoc. wsvP�Le: ABC Drive Anytown, U&4 OOD01 �Slk3ERp: .iv.�e I cLwr�,a�ES TMEPOLJCLSOF N%uR 4CEt15T�6 H&VE 3EW LSSUERro rriE MURED PWaEA Alms FOR 7KE POLICY MUM Mr-ML NGTW iRSTMI 4G AW REMBREMENY.TMU OR GC" -0$ANY COMRACT OR OTFN Vw DOCt ff VM KESPEUT TD Y,HY=1i TWO GL-KTF kTE M'F BE LSSVED CR MAY PERTAK T}�IHS .4FFO,�C-D BYTi1E pajME6 CEFCjuEL7 NE SN IS SLPJECTIO ALLT}E'1T ws,ExaJAI M6 A-YU Ca"xn0NS of sum-1 POUpES.AGR3rgihTEl9MYS5Fi0'AkV WAYIEWEK6eN R2DL;M6YPM1>C AM 9uK Pnel.-TICAMEN 1 LFFL3fIYC dOL.1LYP�LAi770H uma L'�7iERLL1RWL.6Y � � z 500,000 A , rGe � e,,,r, GLP077604 41)01/10 01/0111 i . ceFSe`iALa,.arv�Rra s ' C9IERFLAaC.iEGrfSE t-. GFlrL.Sr�,uELU6TFPPLrc3 PEX rr�oawis-c01PA?RGG s P9L+CT � LlK". A Av �rAm.n z1I2477646 01/01/30 0110i/11 LnHT } 300;=000 FrtvNrrawLVS saor_Tair�LY e ,�A{Lras LPG ri�w+os aca�Y ul.rJar � . rxLLI�WNeTxARfU9 - �� r PFU3FEAT DA&MPE t j �Py�sQ .. ALfTOGHLY�Ek1L7{KIfY WM►4ELFAM4T Nff NrrO /1EJ'fO0iiL1: LGe i ExG6Cl:lPWREiLJI[r�94fi1' ... E�bILJiGE - i O^.J.ti1R �{1�61FNlK ACSIIIkGr57E L �Liau s �rrsmOM s s hrca-rn a am xuEr�scvr�La►mr urn WL'PO77606 03{01110 03/01111 Ac .xLCair s 100,000 cFrc�ea, E,eua"r� Etm •ri t 100,040 ie `Eantprmv �,dEJ94•POL>YLLpf s 00 00 vmEx - - or,��PnaNa°aPErccilerrs7wca'nor+riv�rwuai��,msAVO�sl'Etaim.sEVUrrn�EQ+L�'aaie�. THIS INSUROGE A2PLICABLE T0. (stage project) *CITY OF DELPAT BEACH IS AWITIOHAL INSURM see attached eadorsement. • CSRTIFICATE HOLDER CAHCELLATIM - - - a1LVlDlliY0Y7ERAXY�E9dT�8��' CITY OF DAY BF CH., 30 Luvs.womsErr 100 AM 1st ATE 51JE ZO Lxe axo rcwJeEa ro nm«s,ruc r�uw£m oem QUC� DELRAY BEACH, iL 33444xa oerr�>�r oR LU�m or xur�mm L enir�sLE xsurE,e rrc Lerro uL sts�erltATfr�. ummpxFnRL�R�swtsAmc =RD 2S("9ims) AmRri C4:3POR414N S98B r Bid No.2013-33 LS-Atlantic Ave Gatev ay Feature 10 I STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day ofd^ 201x, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and C'em c r.rt 'U r.s eF --�c0q FftPQ,n4e ; (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows; I. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will Perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR; as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements_ The CONTRACTOR further acknowledges that the bid price includes a[] 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 PAGE NUMBERS Invitation to Bid 1 General Conditions,Instructions and information 2-6 Indemnity/Hold Harmless Agreement 7 Cone of Siience 8 insurance Requirements 9 Sample Insurance Form 10 Standard Form of Agreement 11-15 Corporate Acknowledgment 16 Certificate(f Corporation) 17 Surety Performance and Payment Bond 18- 19 Specifications 20-22 Landscape Niaintanance Functions and Tasks 23-29 Proposal(Schedule of Pricing) 34-35 Drug Free Workplace Certification 36 References 37 List of Vendors Equipment 38 Bid Signature Page 39 Check List 40 Statement of No Bid 41 Attachment A(Project Notes) 42 Attachment B(Business Tax Application) 43 Bid No.2013-33 LS-Atlantic Ave Gateway Feat= 11 f - _ - i Addenda numbers to inclusive, and any modifications; including i 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 personalty 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: 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. 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 Bid No.2013-33 LS-Atlantic Ave Gateway Feature 12 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 I performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys' fees and costs of 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 Bid No.2013-33 LS-Atlantic Ave Crataway Feature 13 provided herein. Furthermore, the CONTRACTOR aGcnowiedges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered nu€I and void unless signed by bath 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. 13id No.2013-33 L5-Atlantic Ave Gateway Featare 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the- day and year first above written. ATTEST. CfTs`OF DELRAJ BEACH, FLORIDA \ By, City C erk ary Giickstein, Mayor i Approved as to form: City Attorney WETNESS: `r^ CONTRACTOR: f r- BY: ! 4w (Print or type name And title) (Print or type name and title) (SEAL) Bid No.2013-33 LS-Atlantic Ave Gateway Feature. 1� CORPORATE A9KNOWLEDGMENT STATE OF I� IDr� COUNTY of 10'6'Lln A-pgee% The foregoing instrument was acknowledged before me this day of u 20 i 3 by _ P,11 0 6� -(name of officer or agent, title of officer or agent), of ter,. ce.� y' f_.c.c''r�» /fir (state or place of incorporation) corporation, on behalf of the corporation. . He/She is (personally known to me) (or has produced identification) and has used his/her (typ Df identification) as identification. i f 3 Signature of P s n Taking Acknowledgme Name of Acknowledger Typed, Printed or Stamped WILLIE CHIN NOTARY PUBLIC STATE OF FLORIDA Comm#EE211 W50 F.�Ires 7/27/2016 Bid No.2013-33 LS-Atlantic Ave Gateway Feature 16 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of CG'S`+P�f � f' sr�'� Sti4 `Fs or muff/ riep o.i,/P), a corporation. under the laws of the State of r�r,zrv� held onk. , 20l3, the following resolution was duly passed and adopted: "RESOLVED", that PI�7 as President of the corporation, helshe is hereby authorized to execute the Agreement dated ,20—, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate sea] 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, ] have hereunto set my hared and affixed.the official seat of the corporation this day of 1Grt-11 , 20 r . (Secretary) (Seal) Bid No,2013-33 L5-Atlantic Ave Gateway Fearue 17 AIA Document A310 — 2010 i Bid Bond CONTRACTOR: SURETY: Complete Property Services of South Florida,Inc. American Southern Insurance Company 5455 MW 24 Street 1301 Hightower Trl#210,Atlanta GA 30350 l: Margate,FL 33063 (800)424-0132 (954)974-5151 OWNER. City of Delray Beach 100 NW 1sr Awe Delray Beach, FL 33444 BOND AMOUNT: Five percent of the total amount bid,penal sum not to exceed One Thousand Seven Hundred Fifty&007100 Dollars (5%amt bid NTF$1,750.00), PROJECT: landscape Maintenance Atlantic Avenue Gateway Feature-•Bid No.2013-33—ITB-33-0-2013-PJN The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of.which the Contractor and Surety bind themselves,their heirs;executors,administrators,successors and assigns,jointly and severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specificed In the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or (2)pays to the Owner the difference,not(a exceed the amount of this Bond,between the amount specifrfied in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days In the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(64)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requreiment shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Any payment and performance bonds issued on this contract will be limited to an annual term from the initial date of the contract,regardless of the terms of the contract.Refusal of surety to provide payment and performance bonds due to unacceptable contract period covered under the payment.and performance bonds will not constitute a claim under this bid bond. Signed and sealed this 14th day of May,2013. WitnesslAttest Complete Property S f South Florida,Inc. -� (Principal) By= By: �? American South rn Insurance Company (Sur�lyl . r' By: B 1 ,�: ► _ c. Jason S Con Ila,Attorney in Fact&FL Licensed-Agerit`Y 11481 did S4A tustine Rd#104,Jacksonville FL 32258{90A)2 1324` c This document conforms to AIA Document A310 - 2010 BID BOND. THE AMERICAN Ii'7STrr[Tj'E' OF ARCHITECTS, 1735 BY AVE NW, WASHINGTON, DC 20005. :W10' ` Jason S. Centrella Florida Res.Agent#A300489 P.U.Bozo 600962 Jacksonville,FL 32260 944-234-1324 i AMERICAN SOUTHERN INSURANCE COMPANY Home Office: 3715 Northside Parkway, NW Mailing Address: P.0, Box 723030 Bldg. 400, Suite 800 Atlanta,GA 31139-0030 Atlanta, Georgia 30,327 GENERAL POWER OF ATTORNEY Know all men by these Presents, that the American Southern Insurance Company had made, constituted and appointed, and by-these presents does make, constitute and appoint Stefan E. Tauger of Parker, Colorado; Brian A. O'Neal l of Parker, Colorado; Scott E. Stoltzner of Hoover, Alabama; Arthur S. Johnson of Atlanta, Georgia; Andrew C. Heaner of Atlanta, Georgia; Richard L. Shanahan of Atlanta, Georgia, Jeffery L. Booth of Parma, Ohio; James E- Feldner of West Lake, Ohio; Cheryl L. Torrao of Lutz, Florida; Garry W. Black of Murfreesboro, Tennessee; Martha G. Ross of Charlotte, North Carolina; David R. Brett of Columbia, South Carolina; Melanie J- Stokes of Atlanta, Georgia; Jason S. Centrella of Jacksonville, Florida; Brian Clark of Matthews, North Carolina; Michael K- Thompson of Atlanta, Georgia; Julie Klinner of Birmingham, Alabama; Kelley E.M. Nys of Decatur, Georgia; or Diane L. McLain of Fitchburg;Wisconsin, EACH as its true and lawful attorney for it and its name, place and stead to execute on behalf.of the said'company as surety, bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed In-amount of the sum of$1,000,000 (one million dollars), including but not limited to consents of surety for the release of retained percentages and/or final estimates on construction contracts or similar authority requested by the Department of Transportation, State of Florida; and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of the presents, shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted pursuant to due. authorization by the Executive Committee of the Board of Directors of the American . Southern Insurance Company on the 26th day of May,,1998: RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of"them .hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the American Southern Insurance Company bonds, undertakings and all contracts of suretyship; and that any . ,retary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any.. uch Pourer of Attorney, and to attach thereto the seal of the Company.. FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any,such Power of,Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future, with respect to any bond undertaking or contract of suretyship to which it.is attached. In Witness Whereof,.the American Southern Insurance Company has caused its official seal to bq-'—' 0a j dtiyand these presents-tb be signed by its-President.and attested by its Secretary this'4th day of February.2, 011;e,� : tissio;�R� Attest: F,� B American Southern Insurance Comlratbyf � �t]±ARy wed` Gait7C Lee,S ec/re_#'ary y �� 'President r m:t PUBLIC (� Scott G-Tha son STATE OF GEORGIA p ate € °�....`.'*•`, ��`��, COUNTY OF FULTON SS: 'l1NNtly�e�� On this 4th day of Febrvary;2011,before me personally.came Scott G-Thompson to me known;who being by me duly sworn,did depose and say that he resides in Atlanta, in the County of FuHon, State of Georgia, at 421 Hollydale Court; that he is'1ha President cf American Southern Insurance Company,the corporation described In and which executed the above instrument;that he knows the'seal of the said corporation;that t seal afri xed to the said instrument is such corporate seal;that it was so affixed and that he signed his name thereto pursuant ue au orizati n. Candace T.Cheatham STATE OF GEORGIA Notary Public,State of eorgia SS: Qualified in De14aIb County COUNTY OF.FULTON Commission Expires December 7,2013 t (i 1,-the undersigned,a Vice President of American Southern Insurance Company,a Kansas Corporation, DO HEREBY,CERTIF thaf lhe foregoing and attached Power of Attorney remains in full force and has not been revoked; and,furthermore, that the Resolution of thi gx2puf ue onitrwitee,of.thei rd of Directors set forth in the Power of Attorney is now in force. i fl�, Signed and sealed at the City of Atlanta,Dated the_'l�--day of ma :fohn . Huot Power 27064 Vice President MY OF DELRAY BF.ACH SPECIFICATIONS L andscape ll�aintearance 0 Atlantic Avenue Gateway Feature ¢ Annual Cantract i Sid Afo. 2013-33 1. PURPOSE: The purpose of this Bid is to establish an open-end Contract to provide the best quality landscape maintenance service available at the most economical price. Service and good workmanship are of primary concern: Bidders with low standards for either service or workmanship. Will be judged to be non-responsible and their bids non-responsive, No bid will be accepted if it offers E lower standards of material and/or workmanship than is described therein_ (Note Paragraph 14) 2- NOTICE OF AWARD: It is and shall be understood and agreed that Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent,and purchase order shall be issued to the Bidder covering same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview will be considered together with price in the contract award. 3_ CONTRACT ARE6LS) AN❑ LOCATION: ATLANTIC AVENUE GATEWAY FEATURE (Atlantic Ave-between N.W. 12t'Avenue&S.W. 1Zt'Avenue West to 1-95 Inter-change) 4. FIRM PRICE:The City requires a firm price for the Contract period_ 5. CONTRACT TERM: Term of contract shall be one (1) year from award of contract, on or about spring 20-13 and expiring one year later. The City Manager may renew the contract, at the same terms, conditions, and prios(s) for two (2) consecutive terms of one (1) year per paragraph #20 of General Conditions of this bid'. 6, MARKET CONDITIONS: The City reserves the right to purchase on the open market should lower market prices prevail; at which time the seller shall have the option of meeting l:ne lower price or relieve the City of any obligation previously understood. 7. ORDER PLACEMENT: After the award of contract to the successful bidder, the City reserves the right to utilize either of the following order placement methods (a) Purchase.order will be issued to the successful bidder throughout the contract period on an as- needed, when-needed, where-needed basis. Vendor must mote the name of person placing order on delivery. ticket_ Or (b) A blanket(open) purchase order will be issued to successful bidder for the City's anticipated annual dollar volume. Releases for partial delivery of services M11 be made against said blanket order. Vendor must note name of person placing order an delivery.ticket. a. PERFORMANCE; It is the intention of the City of Delray Beach to purchase landscape maintenance services as specified herein from a source of supply that will give prompt and.convenient service, Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting Contract immediately upon notice by the City. All laborers. must wear orange safety vests and all vehicles parked along the right-of-way must be marked with traffic cones, and "Men Working' signs to be posted when performing any work on medians. All landscape maintenance shall be in full compliance with the State of Florida "Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways". Bid No.2013-33 LS-Atlantic Ave Gateway Feature 20 9 PERFORMANCE PROBATION PERIOD: The successful awardee will immediately enter into a three- month probationary period upon contract award. During this time the awardee's performance will be closely scrutinized by City staff. If the awardee's performance fails to consistently meet the standards i specified within fine bid, his contract will be promptly cancelled, If his performance is acceptable, then he will be also notified and the contract will extend.through the expiration date given in this bid. The City has the right to terminate the contract during the probationary period with or without cause, and j this right shall be solely at the discretion of the City. I 10. ALTERNATES: For purpose of Bid evaluation, Bidder(s) must indicate any variances to the speeftations, terms and conditions, no matter how slight. If variations are not stated in the Proposat, it shall be construed that the Bid fully complies with t`♦e specifications,terms and conditions as stated. 11. BACKGROUND INFORMATION: The City reserves the rights before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available.to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance(experience)with the City. NOTE: For this bid vendor must attach to his bid an accurate, up-to-date listing of his current maintenance equipment, including brands and model numbers. The City also requires a listing of commercial as well as residential accounts, including main contact person and phone number. This information will be considered in the contract award review. FAILURE TO INCLUDE ALL DATA NOTED ABOVE WITH THE BID MAY ELIMINATE YOUR COMPANY FRONT THE BIDDING PROCESS: PRIOR SUBMITTALS WILL NOT BE ACCEPTED. (Note Paragraph 14), City reserves the right to inspect all maintenance equipment prior to contract award and to request your most recent corporate financial statement for review. 12. COMPETENCY OF BIDDERS: Pre-award inspection of the Bidder's facility and/or a personal interview of up to three finalists may be made by designated City personnel prior to award of Contract. Bids will be considered only from firms which are regulariy engaged in the business of providing the goods and/or services as described in this Bid Invitation and who can produces evidence that they have established .a satisfactory record of performance for a reasonable period of time; have: sufficient financial support, and equipment and organization, to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated- The term "equipment and-orgarrization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 13, DEFAULT OF CONTRACT: The City may, by written notice to the successful bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. City shall be sole judge of non-performance, 14. REJECTION OF IRREGULAR PROPOSALS: Bids which .contain any alteration, addition, condition, limitation., unauthorized alternates or show irregularities of any kind may be rejected by the City as non- responsive or irregular. The City reserves the right to waive any irregularities, technicalities or inforrnaiibes in any bid and to reject any or all bids. 15 TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or.interest herein, or his or its power to execute such Contract to any person, company or corporation,without prior written consent of the City, in the event that the successful Bidder does not hold a commercial pesticide applicators license, the successful bidder may contract with a qualified firm to perform the chernicai applications. In this event, the successful Bidder shall notify the City of this intent and PRICES FOR THE WORK MUST BE LISTED IN THE BID. The bidder must extend those services for the duration of the contract forme prices quoted. NOTE: THIS PROHIBITION APPLIES SPECIFICALLY TO MOWING OR EDGING SERVICES. Bid No.2013-33 L5-Atlantic Ave Gateway Feature 21 I I 16. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor wil! any Contract be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a defau#ter as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the Cry. 17. CAPACITY: Vendors must have the capability to perform contracted maintenance on a timely basis and with proper equipment and.supervision. Vendor must adhere to maintenance procedures and scr�edules as set forth in the conditions and speciflcations,. Failure to do so shall result in Contract cancellation. is. BID QUOTATION SUBMITTALS:All Bids must be submitted on the attached"Bid Form". VENDORS MUST BID ON ALL AREAS WITHIN AN AREA, 19: INFORMATION: For information regarding the submission of this Invitation to Sid, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach, at (561) 243-7151. Any technica[ questions. regarding maintenance areas and service listed relative to this bid should be submitted in writing via email nadal(a mydelraybeach.com or fax(61)2437166 and will be answer/addressed via addendum, 20. VENDOR SERVICE REPRESENTATIVE: The Bidder must submit.with his bid proposal the name, address, and phone number of the persons) to be contacted for the coordination of landscape maintenance service. A contact for both regular work-hours and after-hours, weekends and holidays roust be identified. This will become a part of the bid proposal and shall be understood and agreed. 21 BILLING, SCHEDULING AND REPORTS: Vendor shall submit a monthly invoice the first of each month, itemizing all maintenance items performed the previous month. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice noting dates, times and locations of operations. The Delray Beach Parks and Maintenance Department must be notified prior to any change in scheduling within five(5)working days to alloy City staff to inspect sites for scheduled maintenance. Written reports roust be turned in to the Parks Maintenance Department after each mowing operatiori on a checklist to be provided to the awarded vendor by the City: The vendor's Federal Identification Number must be rioted on the Bid in order for payment to be processed by City. 22. PUBLIC ENTITY CRIME INFORMATION STATEMENT:A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on )eases 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. 23. HURRICANEITROPICAL: hurricane 1 Tropical Response should be priced as extra work. If the City designates its own debris site,contractor shall be allowed to dump at this site and deemed an approved contractor with the City of Delray Beach. Contractor should contact Tim Simmons,Parks Maintenance Superintendent,seventy two (72) hours after Hurricane 1 Tropical storm has passed for certifications of Trucks. 24. A MANDATORY PRE-RID MEETING: A mandatory pre-bid meeting is scheduled for Tuesday, April 30, 2013 at 10:00 A.M. in the First Floor Conference room, City Hail, 100 N.W- 1* Avenue, Delray Beach, FL 334?4. All interested bidders are required to attend this meeting and be prepared to ask questions. 25, WORK PERFORMED; All work performed shall be during the hours of 8;00 A,M, to 5:00 P.M., Monday thru Friday. l Bid No.2013-33 LS-Atlantic Ave Gateway Fea ure 22 I' LANDSCAPE MAINTENANCE FUMMONS AND TASK 1..0 CHEMICAL EDGING: "Landscape Maintenance Weed Control" Chemical application may be used to kill weeds in and around areas such as, areas adjacent to buildings, fence lines, trees, sprinkler heads, and cement medians (concrete divider isles). Prior to application of chemicals, for this purpose, all areas shall be trimmed. Chemicals shall be applied in a manner to limit drift. Contractor is responsible for replacement of all damaged plants at his cost. If not complete within one week of notification, City may replace and deduct test from month payment application. 2.0 WEED CONTROL: Contractor responsible for keeping all areas weed-free at all times, a. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbed; tree ring and paver block areas during the contract period. Entire are under contract shall remain weed-free at all times using manual or chemical methods. b. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbiclde has translocated to the roots if they are large enough to be a visual eyesore_ c. Thera shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. d. Contractor may use contact herbicides for spot killing of weeds. e. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations: Weeds are to be manually or mechanically removed from ground cover each mowing cycle, Note: Manuel or chemical application to control weeds or replace sod. 2-1 FERTILIZING!PEST CONTROL SCHEDULE: January 4L'week 31-5-8 w 1 minors 24-5-11 FE+ MN April 3`d week Spray Applications of Pre-M March 4"'-week Aerificaton(Plugs must be dra ed) April 1�week 15-5-15 ril 2"d week Spray applications of MSMA&Basa ram April 3'd week Spray applications of MSMA 1 pesticide as needed Spray applications of MSMA Aril 0 week (Plugs must be'.dra .ed and removed May 1a week 24-5-11 FE& MN June 3rd week Aerification (Plugs mustbe dragged) July 2nd week 15-3-151 Chlorpyrifos Aerification (Plugs must be dragged) September 1"week Spray Application of Pre-M September 2m week 24-5-11 FE&-MN November 4'"week 245-11 FE &MN I December 3 week Aermcation (Plugs must be dragged) Note: Insect control to be done on an as needed basis_ if, in the opinion of the Parks and Recreation' Department, there is damage to turf by'insects or pests, Contractor must replace the sod. Sid No_20IS-33 L5-Atiantic Ave Gateway Feature 23 2,2 VINE CONTROL. Trees, palms and other plant material shall be-kept free of vine growth at all times, These areas are to be inspected and addressed with each mowing_ a. Light poies, power poles, signs and other such fixtures shall be kept free of vine growth at all times.These areas are to be inspected and addressed with each mowing. b, Chemical applications may be used to!till vines in and around all trees, palms, other plants, light poles, power poles, signs and other fixtures. Chemicals shall be applied in such a way as to limit drift. Contractor is responsible for replacement of all damaged"mart-target"plant material within one week of City notification. i 3.0 PRUNING:General Pruning Operations; a. Each tree and shrub shall be pruned, in accordance with ANSI A300 Priming and ANSI Z133.1- 2000 guidelines, to preserve the natural character of the plant in the manner fitting its use in the l landscape design. b. Pruning cuts shall be accomplished leaving no stub cuts,flush cuts, rips and tears, or straight cuts. Cuts shall be made back to a node or point of origin.All plant material removed during the.pruning operation shall be cut off cleanly. c. All dead, dying, broken, and or diseased plant material shall be removed as needed, by thinning out and shortening branches, .Branches that protrude over walkways grow through fences and obscure roadway visibility shall be removed as needed, as well as all root suckers and water sprouts. d. Do not treat cut surfaces with commercial tree paint e.. Site distance must be maintained at all times. Any plant material that obscures roadway visibility must be pruned within 24 hrs,of notification at no additional cost. f: All walks, pavements and roadways shall be swept or blown clean upon completion of the work. Under no circumstances is debris to go into roadways or walkways. g. Tree and Palm pruning shall only be performed by an 1-.S.A. Certified Arborist. 4.0 TREE MAINTENANCE: a. Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged, dead, crossing branches, obstruction or aesthetics is needed. Trees must be trimmed to provide clearance of no less than.ten (10)feet at all times.. b. Flowering trees are to be pruned only after their bloom cycles are complete. 5.0 PALM MAINTENANCE: a. Remove and dispose of off-site all inflorescences, and dead or damaged fronds; invading vines and weeds in boots or on trunk shall also be removed. Frond boots are to be removed consistent with previous pruning cuts to ensure uniformity in appearance, Unless specifically authorized by the Horticulturist/ Arborist or Contract Maintenance Supervisor, removals shall not exceed 9:00 a m. to 3:00 p.m. This is to be performed for all palms throughout the contract.area,.Timing for inforescence removal will vary by species; some will require year-round removals, others will be seasonal. Service will be billed monthly for inflorescence removal as needed: SPECIAL NOTE; All debris, limbs and fronds will be picked up the same day of pruning. Failure to pick up debris will result in a$50.00 per day fault fee, as long as debris remains. Note:ALL pruning to be performed by International Society of Arboriculture Certified Arborist ONLY. Bid No.2013-33 LS-Atlantic Ave Gateway Feature 24 5,1 PRUNING TOOLS AND EQUIPMENT a. All tools, equipment and labor are to be Furnished by the contractor. b. All tools are to be clean,sharp and in good repair. Extra tools are to be on hand to supplement tools that become dull, break or may transmit disease. Tools that cut, rip or tear plant material will not be allowed. c. Tools are to be appropriate to the pruning activity-Tools shall include but not be limited to hand pruners, toppers, handsaws, power hedge shears and pole pruners. d. Contractor to carry a disinfectant agent to disinfect tools so as not to infect healthy species with pathogens transmitted by infected tools. Tools are to be cleaned after pruning each individual tree or palm. B. Tools and Equipment are subject to inspection prior to and during a pruning activity. The City reserves the right to stop any activity that jeopardizes the health of the designated plant material. 6.0 LITTER AND DEBRIS CONTROL.: a. Litter removal shall apply to ALL areas such as,but not limited to-, turf areas, plant beds, hardscape maintenance areas,paver blocks and dyed/decorative concrete walks. Litter removal is required five(5)days a week Monday thru Friday. Litter and debris control is to be completed prior to eleven o'clock(11:00 am)as a maintenance function and before each mowing. b. Litter and debris shall be completely removed off site from all contract areas as a regular requirement of debris control on a daily basis and disposed of in accordance with City ordinances_ Litter and debris may not be stored on site. Litter to be removed includes but is not limited to paper, glass, trash, undesirable material, dead animals,cigarette butts, dead vegetation or debris(unauthorized paper signs), etc. deposited or blown onto the sites. Palm fronds, tree limbs and leaves shall also be removed. Litter removal from turf areas and plant beds and designated R.O.W. areas shall be complete prior to each mowing operation in the same day, and shall be done five (5) days a week, Monday thru Friday. Clean-up must be completed BEFORE 11:00 A.M. Litter to be removed includes paper, glass,trash, undesirable materials or debris (unauthorized paper signs), deposited or blown onto the sites. Palm fronds and tree limbs will also be removed each mowing operation. Litter is to be removed entirely from the sites and disposed of in accordance with City Ordinances. Note: Failure to pick up will result in a$50.00 a day fault fee,as long as debris remains. This will be determined by City Designee- 7.0 IRRIGATION: a. Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his cost- All systems shall be inspected weekly by City personnel. Cost of replacement will be charged to maintenance contractor and performed by the City irrigation maintenance crews. 4 Bid No.201.3.33 LS-Atlantic Ave Gateway Featum 25 8.0 CHEMICAL PEST CONTROL: a. Shrub, Tree. Groundcover Insect Control shall be for specific insects identified as problematic l and.treated as needed upon City authorization. Some specific insects to be controlled are aphids,scale and grasshoppers. I e. disease Control in turf and shrub areas will be by identification and diagnosis and application of appropriate fungicide or bactericide as needed upon authorization of the Ciy. C. Shade Trees Fertilization: trees are contained within shrub beds that will receive fertilizer along with shrubs. Other shall be fertilized in March and September with an 8-10-10 or 8-2-12. d. palm Tree Fertilization: Palms shall be fertilized in March with 13-3-13 palm fertilizer, in June, and October with a complete 12-2-14 palm fertilizer containing microeiaments at a rate of one (1) pound of fertilizer per inch of trunk diameter. An application in August at the rate of 1-5 pounds per palm, dependent on the truck diameter, generally '/z pounds per inch of 'trunk diameter. Appllcation.of MG and MN sulfate in August. e. Shrub and Ground over Fertilization shall be fertilized in April and September with 8-ti-S with microelements at the rate of'!pound of fertilizer per 140 sq.ft.of shrub area. 9.0 GENERAL USE OF CHEMICALS:Special Note a. All work involving the use of chemicals shall be in compiiance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators'license. Application shall be in strict accordance with all governing regulations_ b. A listing of .proposed chemicals to include commercial name, application rates and type of usage shall be submitted to the Project Manager for approval at the beginning of the Contract. All proposed chemicals shall be approved by Florida Department of Agnculture. No work shall begin until written approval of use is obtained from the Parks and Recreation Director. C. Chemicais shall only be. applied by or under the supervision of those persons possessing a valid Florida Certified Pesticide Applicators' license. Applications shall be in strict accordance with all governing regulations. d. Records must be. kept and retained as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chemical formulations, applicators names and weather conditions. A copy shall be given to the City each billing. e. Chemicals shall be applied when air currents are still and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the project. f. Any soil, sod or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsible contractor. 10.0 MULCH Two inches of shredded non-cypress mulct? (not red mulch) shall be added to planting beds three (3) tittles a year in April, August and December. A granular pre-emergent herbicide shalt be applied to all shrub beds PRIOR to the application of mulch, Beds will be clean of weeds when new mulch is applied. NO CYPRESS MULCH 11.D REPLACEMENTS City shall replace any landscape, irrigation, or structures damaged by maintenance operations or due to neglect to perform these specifications and charge cost to maintenance contractor. (Contractor will be notified prior to replacement of repair by City designee.) Bid Ila.2013-33 I.S-Atlautic Ave Gateway Feature 26 12-0 13AN1fiCES Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up fighting and staking any fallen or leaning trees and palms; removal of dead or damaged i material, and minor grading and replacement of sod displaced by vehicles. Any pits left from tree remova[shall be lolled with good soil and sod to match existing grade. (Contractor must contact City designee within 24 hours of such repairs). 13.0 REPORTS The Contractor shall provide a checklist filled out and returned to the Parks and Recreation Department after each maintenance operation. All maintenance operations and the date they were performed shall be noted, and any reports of damages shall be described No payments will be made unless all reports are provided. 14.0 GENERAL: Contractor shelf be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m.--5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from City employees should be returned within four(4) business hours. Contractor shall provide.a working fax 'number during business hours. Based on the aforementioned, bidder must submit with hislher bid proposal the name, address, fax number, office phone number; cellular number(s) of all persons to be contacted for coordination of service. No maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the Parks and Recreation Department Director. Work shall be-performed between the hours of 8:00 a.m.and 4:00 p.m. Failure.to respond to requests by City within 24 hours due to inadequate maintenance procedures, litter, limbs and other debris not removed will result in $50.00 a day deduction from the following payment appliGation- Special attention will be given to specified areas prior to national holidays & special events to ensure that the City is at its best during these tunes. Contractor will check area two days prior to holiday and Special Events and verify that maintenance has been properly performed. 15.0 ADDITIONAL WORK: a. Sod Replacement: Contractor will supply sod replacement to the City on an"as needed" basis. Sod wlll be priced per sq. ft. of removal, grade and install. b. plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per man. c, Ferti[izina- Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per man required. c. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. E. Fire Ant Control: Will be done on an as needed basis with the use of Amdro or other insecticide labeled for fire and control- - SPECIAL NOTE: These prices will not be added in the contract bid but used on an "as needed' basis. City designee references the City Horticulturist or the Parks and Recreation Director, The Horticulturist is referenced in above text for all maintenance requirements or establishment of standards, Bid No.2013-33 LS_Atlantic Ave Gateway Feature '17 I FERTILIZER AND INSECTICIDE SCHEDULE Shade/Accent Trees- Fertilize twice a year with LESCG 14-14-14 with micronutrients,or approved equal, Baugainvil}ea/Sh rubs.- Fertilize three times a year,in March, July,and October with LESCQ 10-1Q-10 with micronutrients,or approved equal. SCHEDULE# 1 nEDIAN FERTiLIZERIHERBICIDE/PESTICIDE APPLICATION SCHEDULE FOR ST.AUGUSTINTE SOD AREAS Lesdo Products or equal* Tan 5e:b Mar n]. 14ay June July Aug Sept Oct Nov Dec TOTAL 24-5-11 Tu-,f Fertilizer X l 22-5-7 plus Au-mine X X 2 i 32-5-7 plus.74%Diusban X X 2 I3ursban 2.32% X x ? =approved equivalent Bid No.2013-j3 LS-Atlantic Ave Gateway Feature 28 SCHEDULE#2 FERTILIZER APPLICATION SCHEDULE FOR SHADE TREES,PALM TREES AND SHRUBS s Jan Feb Mar Aril May June July Aug Set Oct Nov Dec TOTAL Shade Tree Fertilization 8-10-10,lj, rtprs x x 2 Palm Tree Fertilization LESCO 13-3-13 with x 1 1.5%-20/a minor elements Palm Tree Fertilization 12-2-14 x x 2 Shrub Fertilization 12.6-9 x X x 3 Bid No.2013-33 LS-Atlantic Ave Gateway Feature 29 i FOR ARFA 0 1 NORTH SIDE _ - Landscape faanfenanco o Atlantic-Avenue Gatew4y Feature 0 Annual Contp-acf I Bid No. 2013-33 ITEM � � DESCRIPTION � QTY UNIT PRICE T TOTAL PRICF- —`-� 1 Mowing,Line Trimming 44 I $ 125.00 $ 5,500.0_0 — (4 tunes month April-Nov) (3 tunes a month Dec.--March) `:' k j BRI=EL MOWERS ONLY 2 Edging 22 I $ 10.00 220.00 (every other I�novring c,�cle) - i 3 Weed Control (Shrub Beds) 24 $ 80.00 1,920.00 (twice a month) 44 f 4 i Pruning a. Shrubs (once a month) 12 75.00 900.00_ b, Trees&Palms(once a month) 12 9_ 2.5.00 300.00 i e, Accent Trees(every other month) a $ 15.00 90.00 ! 5 Lifter Control (5 days a week,Monday tnru 260 $ 3.00 S 780.00 Friday) 1 a Chemical Applications i a. Turf ln.secticide Program (Wo 12 a 90.00 $ 180.00 times a year) l b Shrub Insecticide Program 05 needed;see rates ! for addMonai work) i E i c. Fire Ant Control ! (as needed, see rates k ! for additional work) 1 I i d. Disease Control (as needed, see rates for additional work) e, Turf Fertilizer-Celebration sod i 2 $_�- __. 75,00 $ 150.00 } (two times a year)See page 23, section 2,1 ! 1 $ 125.00 $ 125.00 f. Turf Fertilzer-St.Augustine ; 1 j 2 l $ 125.00 $ 250.00 g. St Augustine Weed &Feed (twice a year) 12 $ 125.00 250.00 Bid Yio.201-3-33 LS-Ai1arrtic five Garemsay Feature 30 11, St. _._..dine nsect F+�r;hzer 14 ccimbination_(twice a}Ear) 3 2 75.00 150.00 i_ Shade Tree Fertilization(hvice a year) 4 I — 100.00 — $ 400.00 j. Palm Tree Fertilization (four times a year—see page 27 1 i E. sector;#j) i I { i 3 175.00—_ $—_ 525.00 I i k. Shrub Fertilization (three times a = , t year-see page 27,section Oi) _ - — -- M 2 850.00 PJ�uich {three times a year} i 3 $ MO 5 ---] 590 GRAND TOTAL.AREA#1 $ �� 14, .0_0 (Items 1 thru 7) I GRAND TOTAL BID PRICE RCA#1 Fourteen Thousand Five Hundred ninety and 001100. Written Amount P B dNo.2013.33 La Atlantic Ave Gate«ay,Feature 31 FOR AREA 91 SOWTH SIDE e Maintenance 4 Atlantic Avenue Gateway Feature Annua; Contract aid No. 20,13-33 t 11-EMI DESCRIPTION s�TY I UNIT PRICE TOTAL �F�#GE -� 1 i��r�wing,Line Trimming 44 $ 125.00 - 5,500.00 (4 tirnes month April--Nov) (3 dines a month Dec.-March) 4PEEL MOWERS ONLY I, 4 2 i Edging 22 $ 10.00 $ - 220.00 j (every other mowing cycle) !! 3 i Weed Control(Shrub Beds) 24 $ 80.00 $ 1,920.00 j (twice a rrsanth) I s Pruning 75.00 900.00 a_ Shrubs(once a rnantti) 12 $ $ I b_ Ttees& Palms (once a month) 12 $ 25.00 $_ 300.00 d. AccentT roes (every other month) 6 $ 15.00 $ 90.00 i 5 Litter Control (S days a weak-Monday 260 1 $ 3.00 $ thru Friday) fII 780.00 4 6 Ohar-nical Applications i 90.00 I 180.00 a. Turf insecticide Program{h ice a 2 $ I $ 1- year) ; I b. 5hrtib Insecticide Program � I (as needed, see rates- iI for additlonal work.) ` c. Fire Ant Control (as needed,-see rates for additional work) : w d. Disease Control (as needed, see rates for additional work) I a. Turf Fertilizer-Bahia (twice a 2 $- 75.00 $ 150.00 i year) f. Turf Fertilizer-St.Augustine i $ 125.Qq $- 125.00 ! g. St. Augustine Weed &Feed 2 $ 125.00 $ 250.00 r I (twice a year) _ T_ Bid No.2013-33 �� IBS-AttantiG Ave Gateway Feature 32 y 125.00---�-- 250.00 Pi_ St.Augustine Insect Feriii7 i_er 17(2) I _-- _�. I I combination E } :. i, Shade Tree Fertilizaticri(Nvica a 75.00 $—— 150.40 _ year) i 100.00 I ), Palm Tree FErkili zatsori 4 � � 400A0—. (four tirries a yea;) k. Sifui� Festflization (three times a 3 i $ 175.00 _ $ 525.00_ 7 mulch (throe mimes a year) j 3— $ 950.00 --- g — 2,860-00 GRAN DTOTAL AREA 14 590.00 -- (Items 3 thru 7) RAND TOTAL BUD "RICE AREA 1IT42 Fourteen Thousand Five Hundred ninety and 001100. Writtar.Amoumt f I I i.. ;Bid No.2 002-33 4.S-AtlaAc Ave Gateway Feature 33 i i i Landscape maintenance ;1� Affanfac Avenue Gateway feature 4� Anndjj�0 Con r c'2 Bid Me, 2013-33 TOTAL BID PRICE FaR AREA 41: S -14,590.00 TOTAL TAL BID PRICE FOR AREA 72: S 14,590.00 GRAND TOTAL BID PRICE FOR AREAS I & 2 29,180.00 TWENTY NINE THOUSAND ONE HUNDRED EIGHTY AND 001100. Written Amo mat Vendor Marne, COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA,INC. Lid No, 2013-33 LS-Atiantic Ave C7ateway Feature 3-4 . .- - PMOMMS ME AMBIVIONAL' CITY MI) C�aradsc'ap a Maintenance s Atpantie:Avenue Oafeway Feature Annual Ctrnh-,--Ct gild No.. 2013-33 p 13a Sad Replacement(sq. ft. ptire) 0.65-St.Aug. per sq.ft. S 1.00.Berm.Cele rationper scLft_ I 13b Plant Tree Installation (labor per hour!per man) $ 28.00 per'br. per mars i 3c Fertil ing (labor per hour/per mai)) 28.00 - per hr_ per man 13d ; Additional Pest Control(price per 50.gallon $ 100.00 _per 50 gallons application of insecticide) Additional Pest Control(price per 50 pound $ 80.00 per 5Q pounds application of insecticide) 13e Fire Ant Control(labor per hour 1 Der man) 1 .$ 28.00 per hr• per mart Federal ID 35-2210720 i Bid2No•?U 13-» L,5-Ailautic.Ave GatewayFeatu2re 33 i Labdscapa Mc'ilintanai8ce 6 Atlantic Airenui;Gateway Foa 4me 0 Annual Contract Bid No. 2013.33 If identical tie bids exist, preference will be given to the vendors.who submit a certification with their bidlpro}:osal r_ertifying they have a drug-free workplace in accordance with Section. 281.087, 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 bias which are equal with respect to price, quality, and service are received by the State of by any pplitical 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 it none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this fire complies fully with the' f4l[DWir-rg 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 firrn informs employees about the dangers of drug abuse in the workplace, the b -iness's policy of mairithining a drug-Free workplace, any available drag counseling, rehabilitation, and employee assistance programs, and the .penalties that may be imposed upon employees for drug abuse violations. } 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 .empbyees 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 ti ie statement and will notify the employer of any cornriction of, or plea of guilty or noio contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring. in the workplace no later than five (5)days after such conviction, 5) This Firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation progran) if such is available in the employee's community, by any ernployee,who is so convicted.. G) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section. _ C�arstractOr's Narne COMPLETE PROPERTY SERVICES Signature f � OF SOUTH FLORIDA,INC. Bid:l%,2(113-.3 1S-A-,laWlc Ave Gateway Fea=e 36 WORK MWEREMEN Did 2003-33 _ Lawisc apa—Maingartance ,P Atlantic Avenue Gateway Feature At7nua6 Cor:trscf Bid duo. 2013-33 _ "`Please complete this page or attach yju reference page to this sheet A enc ccmoan N�—Cit of Sunrise - J��e�S 1�4160 NW 8th Street I.City,Stete,zip ! Sunrise, FL 33325 — Gary Smith ------------- ---r—_- - � ��:atarF Person reiEor,e__ 954L888-6075 -- ��-- -- - r � t4s of SenncE 1996-.Current °� ❑❑f�6NiCp Landscape Maintenance for road way medians and right-of-ways. 1 Cririrnents: AgencVlGom any —City of Boca Raton Address 2540 NW 1st. Ave. Boca Raton, FL 33431 C' Starre_:�.y I --- i Contact Person Chris Bedner -raswhorie (561) 416-3428 i-�a!&Ls)of service 1989-2013 - r pe of serviars Landscape Maintenance for road way medians and right-of-ways. CamrrrenES: _ _ �k$en_ylCom any Edgewater Pointe Estates — adars 23315 Blue Water Circle Cit' ,State.:Zi p Boca Raton FL 33483 Gontacr Person Ken Karmaris _Fe an -- (56j:1 391-66305 Date(s)of service 20_06-_Current _ Tv e of service Landscape Maintenance:full service of Turf,Shrubs,Tress,Pest Control&Irrigation. Comments: Contractors Name: COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA,INC. Laid NQ_2013-33 L-S-atlantic.Aye Gateway Feature. 37 I �- LISN aw VENOORS EQUIP - -----� Landscape-Malnfenaaci�r 0 Atlantic Avenfse Gatewayreature 0 Annual Contract Bid Foss.2013-33 _ 1 EQUIPMENT DESCRIPTION in preparing the tabulation below, the Bidder shall insert the'mllo.winq information under the appropriate heading; using a separate line for each major item and an additional page, if necessary. I. (a) ITEM: Description of equipment, (h) USE- Description of what the equipment will be used for in the proJect. (%) MANUFACTURER ER_ Manufacturer of equipment and model number. (d) AGE AND CONDITION: Original model year of equipment—if equipment has been rebuilt, year of last overhaul. (e) OWNER- Owner of equipment AGE AND lTf=M__—� USE IV IAN AG�'U ER CONDITION i��Vh�'�R _ (SEE ATT CHED EQUIPME T INVENTORY SHEET) I l I Lid No.-2013-75 LS-Adaatic Ave Gateway Fea=e 38 i" Q)OMPLETE 9ROPERTY SERVICES OF SOUTH FLORIDA, INC. LANDSCAPING-N U►wNMAINTE#IAWCI~•1't2EESERYICE•IftWGAT ION•I.ICENSED+INSURED.BONOFA EQUIPMENT LIST AVAILABLE FOR CITY OF DELRAY BEACH EQUIPMENTS. I DESCRIPTION l BRAND 1 MODEL# DATE; QUANTITY VEHICLE !CHEVY DUMP TRUCK (CR CB W4S042 20091 1 VEHICLE FORD DUMP TRUCK (17550 X CAB) 20081 1 VEHICLE !FORD BUCKET TRUCK (F700) FORESTRY 20041 1 VEHICLE FORD F350 (FLAT BED) 2008; 1 VEHICLE !FORD PICKUP (F150) 2009 1 VEHICLE ;FORD PICKUP (17250) 2010 2 VEHICLE ;ISUZU NPRINF400 DIESEL 20081 1 VEHICLE ISUZU NPR HD 2003 1 VEHICLE ;MITSUBISHI DUMP TRUCK (STEEL BED) 2009: 1 VEHICLE ;MITSUBISHI DUMPTRUCK (ALUMINUM BED ,:..VEHICLE 'MITSUBISHI DUMP TRUCK ) 20103! 1 TRAILER 24 TRAI . . -- t. . i i ' LER {UTILITY)- _ 20101 1 TRAILER 122 TRAILER (BLACK) 2010a 1 , - — -- --.... . - TRAILER '.16' TRAILER.(UTILITY_ 2007 1 TRAILER 120 ENCLOSED TRAILER (CONSOLIDATED) 2006i 1 TRAILER 118' TRAILER (BLACK)ANDERSON 2006' 1 TRAILER ;MUTCDCERTIFIEDARROW BOARD 2010' 1 MOWER-RIDER EXMARK 60" 20121 2 MOWER-RIDER EXMARK 60" 20111 4 MOWER-RIDER 1 EXMARK 60" 2410 2 MOWER-WALKER {SCAG 48" - 20111 2 BLOWER - E RED MAX (EBZ7500RH) 2012 5 BLOWER ':RED MAX (EBZ7150) _ 2011 I 6 BLOWER RED MAX (EBZ7150) 2010? 2 Page 1 of 2 Officeftarehouse: 5455 N.W. 24 Street, Margate, FL 33063 Mailing Address: RO. Box 970076, Coconut Creek, FL 33997 Office: (954) 974-5151 Fax: (954) 974-5153 w. wwcompletepropertygroup.com Email: Cps @wmpletepropertygroup.com COMPLETE PROPERTY is UERVICES OF SOUTH FLORIDA, INC. LANDSCAPING.LAWN MAINTENANCE-TREE SERYLCE•IRRiGAI'lON LICENSEI}•iN5lJFlED•90HUEl} �--•- EQUIPMENT LIST AVAILABLE FOR CITY OF DELRAY BEACH EQUIPMENTS DESCRIPTION 18RAND 1 MODEL# DATE QUANTITY BLOWER LITTLE WONDER {STREET) �2012T— 1 BLOWER LITTLE WONDER (STREET) j2010� — -� EDGER RED MAX (GZ23N) 2012! 5 EDGER RED MAX Z23 EDGER RED MAX GZ23N)N} - 2011 6 _ � ..... _ _.�- --- �- --- --------- 2010, 1 LINE TIMMER RED MAX (GZ25N} 2012 6 ---, LINE TRIMMER .. ... _... —_ _. . RIMMER RED MAX (G425N} 201 V 6 LINE TRIMMER RED MAX (GZ25N) — 2010 2 TRIMMER RED _ 4 _ ' MAK (HTZ2460L} ----- .. 2012: 4 TRIMMER I RED MAX (HTZ2460L) 201 i 5 TRIMMER BRED MAX (HTZ2460L) 2010; 2 POWER PRUNER_ `PP PR1250 2011 2 LEAF VACUUM BILLY GOAT 2009 1 POLECAT ... ,iPOLECAT 2008 1 CHIPPER SALSCO X13XT 2007. 2 1 BOBCAT SKID STEAK A30 0 2006__-- —_ _ STUMP GRINDER RAYCO 1625 SUPER 2006; 1 Page 2 of 2 OfficeMlarehouse: 5455 N.W. 24 Street, Margate, FL 33063 Mailing Address: P.O, Box 970076, Coconut Creek, FL 33097 Office: (954) 974-5151 Fax: (954) 974-5153 www.GoMpletepropertygroup.com Email: cps @completepropertygroup.com I: 019 SIGEAWRE FORM 1L ire yl� l Derr a k-tce p Atiantic Avenue Catotway Feature 0 Annual Contract Br'ed No. 201"3 PL3 ASE'AFFIx SIGMATUR5 WHERE INDICATED {FA1URE 70 AR So SHALL BE CAUSE FOR REJECTION OF YOUFt PROP05AL�V- 1T)c uiuiersi�q)ed bidder cartifcs that this`bid pzekag is svbmi�tecl.in accovdawe with the specification.in its untimty and�V ith � f1l"undsrsta6ding of tbc:cariditiomv gaycmingthis bid- COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC. _ -fume of Bidder(Firm lama as Registered with their State of origin) — BLSi Bess Address: 5455 NW 24 STREET Street Address (P.O. Box Address is not permitted) MARGATE,.FL 33063 _ r City, State, Zip. hftailhi�LAddress: Check if Same as.Bt!siness Address above PO BOX 970076 Street Address COCONUT CREEK,FL 33097 Stag Zip 1 Authorized Signature(Written) PAT YONG PRESIDENT Pint Marne and Title of Person Signifig this Form 5113113 (954)9745151 (9.54).974-5153 Date Telephone ! Fax No. Email Address of Autfi>o6zed Signee: CPS @COMPLETEPROPERTYGROUP.COM VENDOR SERVICE REPRF-SENTATWE FOR PLACEMENT OF ORDER CI~NTACT NAME: PAT YONG —_ TELEPHONE: ( 954 } 974-5157 EMAIL ADDRESS: CPS @COMPLETEPROPERTYGROUP.COM j i Bid--No,2013-3 L atlantic Ave Gaewa4 Foalue .39 _i CHEM LISM aradscape Maintenance io Atlantic Avenue a�eway Fa=attwe 0 Annual Conteact, Bid No. 2013-33 Haase i etur n v4th bid sarbm. ttal X YES 0 N Check List Form kX1 YES ❑ N0 Bid Signature Foray x YES 0 NO khedWa of Prking(dnech for accurocy) N YES ❑ WO Addenda Acknowledgement(if carry) X YES ❑ N..0 ettdentesitylHold Harmless Agreement ® YES ❑ No Corse of Sherrie L YES ❑ NO Proof of Insurance(including Worlrer's Corup«Auk*) IR YES ❑ NO Wraty Performance ond.P ayrnent Bond X YES ❑ NO List of Equipment gI YES ❑ NO Drug Free Worhplace Certification LR Y5 ❑ NO References L YES ❑ NCB Business Tex Receipt(may apply for after etwardl) 2C YES ❑ 140 Pesticide Applicaten Licevase L YES !N N Subcontractor Inforrmation (if cant') ❑ YES LI N0 Statement of No Bid (if not responding to this reclaest) Vendor hlame; COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA,INC. Thank you for your Interest in the City of Delray Beach r RHI Na.?_(11;-3a LS-Atlantic Ave Gateway Feaiure 40 i CITY OF DELRAY i STATEMENT OF NO BID Landscape Maintenance # Atlantic Avenue Gateway Feature # Annual Contract Bid No. 2013-33 If you are not bidding on this serviealcommodg,please complete and return this form to:City of Delray Beach Purchasing Department, t QO NVV i st Avenue,Delray Beach,Flonda 33444. i Failure to respond may result in deletion of vendor's name from the qualified kidders fist for the City of Delray Beam. VENDOR NAME: E ADDRESS: TELEPHONE; . SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑Woman ❑ Other Wa,the undersigned have declined to bid on Bid No.2U13-33 due to the following reason(s); Please Check below. ❑ Specifications too"tight",i-e.,geared toward brand or manufacturer only(explain below) ❑ Insufficient time to respond to the invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us.to perform, ❑ Unable to meet specifications ❑ Linable to meet bond requirements ❑ Specifications unclear(explain below) ❑ Other(spec-sly below) RernarkslOther: SIGNATURE: DATE: t Bid No.20 13-33 3_.S-Atlantic Ave Gateway Feature 41 A .t t a tv A Bid No.2013-3 3 LS-Atlantic Ave Gateway Feature 42 $ �t _ ` | dk � � � ■\. ! , j * ■ ! al , 3 ■ B ; ,!;■■,!!|! =!■!!s!,■I.,II„ . t | � § � � w � , § \ . � | !| � 7fN � kk � kg � | � � 7 ; § �■ , kK -- - ■ , � - ! , « � - fell �\ �` &| 11�1 § | | | § ! ) ' | | HIM tom■ � l I' : 2 K1' 7 / � a| ! . ! - [ r � || K� � � § J | � §! ® 'k ) ,■ � � | i \ | ■ . t Hill 4 ` #', , # ] � , h ■ • | . � Hill- ®� � � �4 § §■ ■ � I| | � . � | ! ' f|| % � tk RUNG! 9� § )t� | . �1 MORRO ' R | '| �m | r � ® ! _. § HIM � (, . ( !■ # lk | | ® | 4 s , M !§ Ri 'M it I[ #) I 5 ! | w% § §) I P4�Z'9L 3h5R'�al9 apd a3[SSS! a 4 I IIs;I $(7� •� ,lei i. Gb � E h SJ 1 O rx e - A _ i Ent _ e g\ 88 gg gg gg gg F f - - s ■s � z -'- - OW W 5Mr•Lire eqy con= 0.a _ Y e � � Eli it 1��, rc �� I •I Y€ a �il G f E 1 s s r 1 e I, ¢¢ 0402F 3my-OIB HOi G""I 1 S Eil-- e 3 € a R'6 1 go, F1 1, - R 1� M I 1 . 11 11111 — Jh E I I H ` 34 E x E J N e � a: 5 �ts�,�2j it 3a i I H HMI P ag 1-41 R 9 9 1- Pit Ila Is q €gas P I d � ilk S' $ 51 E C �6 s F $ c [ i fi k es8 Mee 9^$. g�� a z tae R3 e �P �E $± a g m s E s b tar'BL 3Nnf'O IB bCi03nm ' all - t 3 4 1 JI` i i BOWCe t3el-am WA Maw] s € ly a I o `Lai. ! $ aa aaa �s_�.sasaaaaaaaaa -.��-� eases aaaaaaaaaaaa s e --°;�'e-a kEl 9 a Q a :,a a l $ $i$9 3 ,•a :- a 1 :' aaa,$iaaaS, as pia �aa`e a; a9s as%aa 'a�s •aa:ap2 aa $ + oaa)aai "'3i aYaaaaaa' aat7�a � aaa�'.aa : a�la �laa6- _ aa : : :`aaa aaa,gfa - ^ : a':.aaa ai,a �{ass as i ; as9a�a�'a,~ ;aaa,. � taaa . .a�a!aaaa `na - G y 5Si33 2. 3.8 r;9 .;a9r.':,ha3a.9�hsg � a as 1 n � � a3:aas�- as9' a9•� *'-nss�a �� a9la � s a�� y 1 � 1I , C., f — a a 4' IF a Y a h II � � ��s a X17 2a `�'1-s�L — --•--- - - --�--- - ,i a $ aa�•a �. i � aaaaiaa as ${, s�a�a �tia ---a : --- — a4a 7. �i a i a 16 _ : a =asf a .M er7 ,�l t. � aaaa � s�f§ ,lea iaaaasa � a Ars , `J� �>� i !, = 9 Y : a $�ii- �;, .I.II{3 : . 3 a 5 a-r a'ti a,• �, l I r as�, a/ p;`3P� Laasse � a, saa `a (a allt� I �' spa . t, n Lr fit 7 d•9 al. p a °_ �� W!�� a 2 a.a� z �;a g a :i�.l: �rf�'!� I z 1 ¢ a as^ �aaI,' as as �psa{�`a eP. ; 7 °s ra •� +, ,, ,� a I a '��- ail„ � ��%- ,� ' c- aaar ° lee 3a 'a pd2 1 gi`, a.Fa, '� I,Iua � fG s^ ,s f� _,2rza�%a /a s3aaiaa � aaa as : a 'rte- a `�a ^�� _ s a . a: s � 3aa 3 73a : a ° ,�,� - ew;aaa °� aaaQas s sasses sags- • I ; Ya IS _ ------------ ------- i + t ~ ------- -- A.- tta hmen . t B Bid No.2013-33 LS-Atiantic Ave Gateway Feature 43 BUSINESS TAX RECEIPT APPLICATION & CONTRACTOR REGISTRATION CITY OF DELRAY BEACH 100 N.W. l8'Avenue, Delray Beach, Florida 33.444 (561) 243-7209 • FAX (561) 243-7221 �. Website;mydelraybeach.com t� NAME OF BUSINESS ❑ New CI Transfer HOME OCCUPATION Y ❑ NCI . FEIN: SSN:. LOCATION OF BUSINESS MAILING ADDRESS, IF DIFFERENT TELEPHONE CE�L# FAX # BUSINESS TAX R CEIPT APPLICATION ONLY NAME OF SOLE PROPRIEfOFI OR GORI30R TION HOME ADDRESS TELEPHONE_ REGISTERED AGENT OF CORPORATION (if applic ADDRESS TELEPHONE MANAGER TELEPHONE. CONTRACTORS RECISTRA ION ONLY QUALIFIER'S NAME i I HOURS OF OPERATION DATE BUSINESS STARTED OWNER'!�\BIRTHDATE t AT THIS LOCATION (if over 65) 0 NO. OF ROO S (Apt/Hotel) APPLICATION DATE NO.OF SEATS estaurant) [MATURE OF BUSINESS SIGNATURE PRINT NAME THE ABOVE SIGNED APPLICANT FOR A CITY OF DEL RAY BEACH BUSINESS TAX RECEIPT HEREBY ACKNOWLEDGES THAT THIS BUSINESS TAX RECEIPT IS ISSUED BY THE CITY AS PART OF THE CITY'S TAXING FUNCTION,AND IS NOT TO BE CONSTRUED TO BE APPROVAL IN ANY FASHION QR ACKNOWLEDGEMENT OF COMPLIANCE WITH APPLICABLE STATUTES, LAWS AND ORDINANCES INCLUDINQ BUT NOT LIMITED To ZONING E=GULATIONS, NOR COMPLIANCE WITH ANY OTHER REGULATORS RESTRICTIONS WHICH MAY SE APPLICABLE TO THE SUEJECT ,"rTE, -40LODINGa 9UT NOT LIMLTED TO THE COUNTYW[DF WELLFIEW PROTECTION ORDINANCE,AS AMENDED FROM TIME TO TIME i FOR OFFICE USE ONLY BUS.TAX NO. CATEGORY FEE ZONING APP. STR 107 COMPL-4 OP ID:48 710130112(U'MIDWYYYY} CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS.UPON THE CERTIFICATE HOLDER.THI$ 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 pollcy(les)must be endorsed. If SUBROGATION IS WA1VII subject to the terns and conditions of the policy,certain pelictes may raquire an endorsement. A statement on this certificate does not confer rights to the certlfitate holder In lieu of such endorsement(s). PRODUCER CONTACT - George A.Zellner Company phone:904-336-1492 NON Pnx ---- 530 Park Street Fax- era No: _ Jacksonville;FL 322042991 9-MAL S:Y Jack Green DDRE INSURER(S)AFFORDINQ COVERAGE NAICTI _ INSURER AL!WeStern World Insurance Co. iNSUREOY Complete Property Group,Inc. �T INSURER B:Travelers Insurance_Coa_ny South Florida;Inc. INSURER C:Nautilus Insurance Company 5455 NW 24 Street Margate,FL 33063 INSURER n:Roe-khill Insurance Company — W SURER E INSURER F t ^ 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 DESCRI9ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR " — Ann S POLICY NUMBER TMMLIp CFF MM�DfWYY _ LTp TYPEOFINSURANCE I uMITS GENERAL LIAU)LfrY I EACH OCOURRENCE _ S 1,000,00 A X COMMERGALGENERALLIABILITY NPP8770911 10104172 10104113 PREfJ rT Eaorru ence S 3_00,004 _ CLAMS-MALE OCCUR 1I - MEDEXP(Anyonepersan) S 5,000 _�--- - PERSONAL Q ACV INJURY $ 7,000,000 _ r GENERAL AGGREGATE S 2,OUD�O00 <GEN'L AGGREGATE HI APPLIES PER PROAUCTS-.COMPIOP AGG S 2,000,000 POLICY I-.- PRo- LCC 5 AUTOMOBILE LIABILITY COU INED SINGLE.LIMIT -aa Ident � c D i.X ANY AU ;BA TO ICS30875 1011 1,000,000 4112 %IJIM3 BODILY INJURY(Pnr person:} $ 4 ALL DVJNED I SCHEpU1.ED I AUTOS ;--J AUTOS L N INJURMPGB0111 NONW I-YD axldeniy_5 $ HIREOAUTOS AUTOS Peraccident UM6RELLA LTA$ }( OCCUR EACH OCCURRENCE S 7,000,000 C X,ExcESS LIAR CLAIMS—MADE' AN008848 10104112 . 10104113 gGOREGATE 5 1,000,00 --" CEO RETENTION$ --- - { :S WORKERS COMPENSATION I WCORVi h{lJ-S OTri-- AND EMPLOYERS`LIABILrrY YIN I OFFICERmAEMSER%LUDFL1�LOnVE RIA E L.EACH ACCIDENT $ I (Mandatory in NH) E,L.DISEASE-EA EMPLOYE S Ifyas,descrlba under I DESCRIPTION OF OPERATIONS belrn� I E.L.DISEASE-POLICYCIIJITi$ D IlPolluflon i R 10114112 19/14113 Occuranee 1,00.0,00 1 Aggregate 1,000,000 DESCRIPTION OF OPERAYIONS I LOCATIONS 1 VEHICLES(Attach ACORD 191,Addrtionat Remarks Sched¢Ie,If more space Is required? Certificate [colder is Additional Insured with respects to General Liability. CERTIFICATE HOLDER CANCELLATION DELII SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 10XPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS. i Purchasing Department 100 NW 1st Avenue AUTNORI2E3REPRESENTATSE - Delray Beach,FL 33444 m 1988-2010 ACORD CORPORATION. All rights reserved: ACORD 25(2010105) The ACORD name and logo are registered marks of ACQRD CERTIFICATE OF LIABILITY INSURANCE VA1213 Producer: Lion Insurance Company This Certificate is 2sa matter of information only and confers norights 2739 U.S-Highway 19 N. upon the certificate Holder:We Certificate does not amend,exteridorator Holiday, FL 34691 the coverage afforded by the poll below, (727)938-5562 Insures Affording Coverage NAIL Insured; Sol East Personnel Leasing,Inc.&Subsidiaries Insurer A; D?"Irsura"ce.COr"pany 11075 j 2739 11 Highway 19 N. Inaurere: Holiday,FL 34691 msurerC; - insurer Dr Insurer E: Coverages e DOW CSO rants d e been issued to manse re vefor .ape Wpeilei ee'ed. nQ-M requrema tSerer ar cC Non any wMSGwo orxrmeri respeeno C thla emtiflcalo may he issued or may perlailim imwance arozded by the policies aesaibad"in la subj-it to all lie terms,epcl-siera,and rorn'itlOng of such poacies.Aggregate limns shown may I hoonredLCad by Paid eAims - nisi ADOL Policy Elfec44a- Policy Expiration Date umils (TA Ill Type of Insurahce Policy Number Data (MMlDDM/l (MM1DDlyYI ENERAL LFABILIi Y Each Clocvrerce Commareial General Liabilily Claims Made 1:1 Occur occrrence}` edyx-mil--s(EA Med Exa General aggregate I applies per: Personal Adv Foury ® t-00 Pro)" G General Aggregate Paicy ❑ ?roduro-GOmpdDpAgg AUTOMOBILE LUSB ILIT Y Co rbined Sing a umy Arry Aulo (EA Academy 'B 6otltV M❑Y Al SehednCd Amos (PerPe wn) I Au'as Bpdty hl-y %O*Nrad Aule6 (Per Aoddect) Pngpary Damage t1'erAWdarq EXCESSIUMBRELLA LIABILITY EachOtcumnc. C=ur 1:Claims Made, Aggregals Deducghle A Workers Compensation and VVC 71949 01/01/2013 6110112014 x Employers'Llabllty tNo C m oER T}- Any proprierorlpannedeasoutive"Ificarlmember E.L.Each Accident 31 coo,000 excluded? NO E.L,pisease-fiaEmployee 51.000,mo II Yes,describe under special provisions below. E.L.Disease-PGloy Limits 31,004,000 Other Lion Insurance Company Is A.M.Best Company rated A-(Excellent). AME It 12616 Desorlplions of O perationslLocetionalVehicleslExc lusions added by EnclersementlSpecial Provislona: Client ID: 92-67-058 Coverage only applies to active ampl❑yee(s)or South East Employee]easing Serv'c2s,Inc,blat are leased to the following"Client Company': Complete Property Services of South Florida,Inc. Coverage only applies rd SMurLes incurred by South East Personnel Leasing,Inc.9,Subsildlarias active employees} while working In Florida. Coverage does not apply to statutory employees}or independent contractor(s)of the dIent Company or any other entity. A llsC of the active employees)leased to the Client Company can Ee obtained by fatdong a request to(727)937-2138 or by taping(727)938-5562. 8 to DaR:1 3 2013 CERTLFlCATEHOLDER - - CANCELLATION CITY OF DELRAY BEACH Shmld an+y of he above dascritred poGdes be rameped 6ekre dre enpi@11pn da191herear,4he J55Urg ir�aurervrill ATTiJ PURCHASING DEPT eMasv�lo irmil 50 dais+r Ian no4ce 10 the certificate balder named to the lab,tan talus tp do"shall impose rnr 619alm or liabilityaf arty land upon Ihe:il Its aged or reprasaUlw% soo l 167 AVE PELRAYSEACK FL 33444 //iT+-•dam r_ hF.D #Y EA C i= 45316 BLfSGN FtEC tph, &CON PION RECEIPTNb 1S,0 IJ04109§ RESTRICTIO ,' it CQ{ TROL NO N: 12�=16 h_ ER: . WN )SINESS NAME: .C41PLETE.PR4PfRTY 5[ A7E 15SUD 1f0613 LOCATION: 10th � OF DELRAY E#: B�51f�E�S�AXFEE �]' CLASSIFICATION. .LAWN MATIFE NCB•R f3 �fi�IQU�NTED TQ�ALRfIAQUNTI�Ala� 34` 4' �. COMPLETE PROPW17,Y S1/CS QF S BU 1f�E5 .TAiCFSEM[F f551�F DFORT4iEpERIOO" P.O. Box 970076 Y k� ! 5 1� .05M1 12-:70 SEPTEMBER 3f�=2n Z� COCQNUT CREEK :L33flP7 y COMA ISTSE' i OjA]SP10 U4t1F 'AT L CAT11N _{ f Notice:Tnisbusfness(ax:reca rp f bec r omes NULL e�rdVd[D,rfq�t�eashrp,I�usrrrgs�harlfep[ s��r�(�i�-. pant must ap�l�r feu Trenstar T°�F'C3F D]IL EE BC 11IB 1,1 XRECEIPT.1 UFO RI�ATIQ�! DATE ISSUED: 9/13r. tkiEN�SS FCC R>rCIPT�SSUEDFOI TH PERIOD E f C�}CTOBCa' 1 2 @l2 TO;SEPTfIVIBER 30:2D13 t • Please conspieuol�s[y postthTs curle�lfib [sm tax re ap sot at11#�s{ bla'ta Te viewed by anyone,upon entonng ©ur pucebuslnass Y , r �i .. � :,. -,,. ^A 4 I i jK is l y-� f 5 bc• 1 h � t. bT f, � Y • This business,tax r cei it r pressrnts mot eft p'al meet f your br�siriess tax feE for the per 1 to �epteraber 3lor�t�nrlales > r�bean xrrtpatant asset fior certain DUsmoss usats, please r �se41#tge�c�i rnaan [nt g k� b sr�e$s ta�crecel t • Once yore have gbtaned a © ry 1ea�ch btil»essrc rerie otwile ssr�t reeW.ak notice, each yeartl fo 6C day befc1et exrr ►tigrl t� C�ed41t�rite :onFt�re fa�e;4f the �recelpt Pleas6; bdbk. ai�,blr ndss ;. eceip report it to es';imlTred7ateiy fie{ tna �rpose,fi�,ar �pt�e EQr#ai�ur to renevu this business:-tai receipt '` ar $ k ��¢��' �' - • If jioii' change ycur bcslnes gamer ovvn I-sblpt Qr�acetron, y must make a new application far. the change and pay fl$1 �atrar�sfer fee Tire slrl�ss tax receipt must be surrendered prsar to >ssuance Qf the pl wince[ t'T e 6cag of the resent must be signed and dated by the pre p. ae rie end indl a 6d"tli atT ragtit� lnteres# aricl tale"af the business is ass�gr�ec+#Q the r�e�u ovrier> '; za, If yo have more than ane bus�ress Taeationf you rust ob buies c r�eeTpt for each location • A separate business tax r celp Es Issued fdf'&A6fruse,per �rt c ru[tl�rh yo�I b sslness Pleas checie with ;us you a� apy � t[on r�gart In the Tassrficafton :of your business by visitlrtgst 1f01�11 T' t a1r 8bs1t yQ3e1reyBeaci� calling us at561 .�3 TQg s } 4 ti Z'303 Notice.The 7ssuan ce olthis 6us7ness;faxreeelptls a resu��ofa payment of the brtsrne5stairaadshalY�o�i�e�rrferr�retedas permrfibo�t fFie busyness , to Snpelcede a Z1, In code of the CrCy sn eprlersemenl by the C oda"bf]siness r or cerfif�Ga fqn bpr#he C campetcnce ofa business t ANN 11� i�i- G A N NO N P.O.Box 3353,West Palm Beach,R 33462-3353 "'LOCATED AT— CaHSTnV71CNAILTVLReau€STOE 3m ing?aim 8e�crJa Caw,ra www.taxroRectorpbu.com Teh(561)355.2272 5455.NW 24TH ST MARGATE, FL 33063 -� -TYVEOFBUSIn1ES5 - OWNER CERTIFICATION# RECEIPT NDATEPAID AMT PAID ak4 t# , 5&-0030 LAWN MgINTENANCE - YONG FAT LI72S50338-0&14142 593.00 940043175 -his document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 201212013 LOCAL BUSINESS TAX RECEIPT 81-14 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC LBTR Number: 200714983 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA ING EXPIRES:SEPTEMBER 30. 2013 PO BOX 970076 COCONUT CREEK,FL 33097-0076 This receipt does not constitute a franchise, agreement,permission of authority to perform the 111111 kill II,=,i 1I r r l,,,l 11,r r f 1,r,h 7 rhi l r l services or operate the business described herein when a franchise,agreement or other county commission,slate or federal permission of authority Is required by county,state of federal law. A.N N ii M GANIN0N CurraRmtTanNft>TAX unr tECTUff P.O.Box 3353,West Palm Beach,FL 33402-3353 —LOCATED AT** i f Srrcia Paisr 840th Ciunr Www.taxcollactorpbc.com Tel,(561)355-2272 5455 NW 24TH ST j MARGATE, FL 33063 I TYPE OFSUSINESS OWNER CERTIFICATION# RECEIPT&DATE PAID AMT PAID BILL; i 6a4MZTLANDSCAPAG YONGPAT U12,65Q3S8-0F1t4142 $33.60 B40p43 t7fi This document Is valid only when receipted by the Tax Collector's Office- STATE OF FLORIDA PALM BEACH COUNTY 201212013 LOCAL BUSINESS TAX RECEIPT 83.-13 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC LBTR Number: 200714982 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC EXPIRES: SEPTEMBER 30.2013 PO SOX 970076 This receipt does not constitute a franchise, COCONUT CREEK,FL 33097-0076 agreement,permission of authority to perform the services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. A w - GANNON a WN{^ P.O-Box 3353,West Palm Beach,FL 33402-3353 "*LOCATED AT CONSTI'MY110NAr,TAX C9418CT.OB www.taxcollectorplibc.com Tel:(561)355-2272 A Sua:ng Palm Hag&c-Pretty 545.5 NW 24TH ST MARGATE, FL 33063 TYPEGFBUSINES5 OWNER I CERTIFicAmoN# RECEIPT#l7ATEPAID AMTPAID BILL 23:00661RRIGAMON SPRINKLER.GONTRACTOR YONG PAT I U20779 U12.556388-6&74!12 $2750 I 84CQ43174 This document is valid only when receipted by the Tax Collectors Office. STATE OF FLORIDA PALM BEACH COUNTY 201212013 LOCAL BUSINESS TAX RECEIPT B3-i4 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC LBTR Number: 200806612 GOMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC EXPIRES: SEPTEMBER 30. 2013 PO BOX 970076 This receipt does not constitute a franchise, COCONUT CREEK,FL 33097-0076 agreement,permission of authority to perform the n l 1,n ll r1{r r rl l l l r lu rl l l r r 1I l u,l u r{11111 services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. ANNA'. Nif, GAr NON rarlsTrfurlar+xL Tx>s tots€eTeza P.O.Box 3353,West Palm Beach,FL 334132-3353 *`LOCATED AT`* 6ert ts��a3Re 8esdi Cawrty www.taxcollectorpbc.corn TeL(561)355-2272 5455 NW 24TH ST MARGATE, FL 33063 .y TYPE OF BUSINESS CWNER CERMrATION aL RECELPT WDATE PAID AMT PAID SILL a: 56-0017 PEST WWROL FIRM COMPLETE PROPERTY SERVICES OF SOUTH JB192995 U12,6MMO.o3yV12 531M 940104482 this document is valid only when reoelpted by the Tax Collector's Office, w STATE OF FLORIDA PALM BEACH COUNT! 2012/2013 LOCAL BUSINESS TAX RECEIPT B2-14 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC LBTR Number: 201151009 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC EXPIRES: SEPTEMBER 30. 2013 PO BOX 970076 I COCONUT CREEK,F! 33097-Dp76 This receipt does not constitute a franchise, agreement,permission of authority to perform the r hill,rllrllul III III services or operate th a business described herein when a franchise,agreement or other county commission,stale or federal permission of authority is required by county,state of federal law. .,.5 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave.,Rm.A-100. Ft.Lauderdale, FL 33301-1895—954-831AOOD VALID OCTOBER 1,2012 THROUGH SEPTEMBER 3o,2013 } DBA: D 1Rec @1171#:�L ierG/LWN SPR1M-nM/coNT old BusinessNante:COMPLETE aROPERTY SERVICES OF Business Type: LvmB ,BLL7NLBER LAWN SFRIAIIi J SOUTH FWRIDA INC owner Name:PAT YoNG Business Opened:05/3.6/2006 Business Location:5455 NW 24 STREET StaWCounty1CerlJReg:08-CLS-15117-R MARGATE Exemption Code: Business Phone:954-974-S151 Rooms Seats Employees Machines Prokwonals 2 For Vendhq Sudnan Only Number of Machines: Vending Typo- P Tax'Amount Transfer Fee NSF Fee Penally Prior Years Cneection Cost Total Paid 1 27.13 0 O.ba 0.00 0.00 0.00 0.00 27.Q0 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Bmward County and is non-regulatory in nature.You must meet all County andlor Municipality planning WHEN VALIDATED and zoning requirements.This Business Tax Receipt must be transferred when i the business is sold, business name has changed or you have moved the I business iocat-ron.This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: PAT YONG Receipt #02A-11-00006757 i PO BOX 970076. Paid 49/20/2012 27.00 I COCONUT CREEK, FL 33097 i I I 2012 - 2013 € BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S.Andrews Ave., Rm.A-100;Ft. Lauderdale, FL 33301-1895--954-831-4000 I I. VALID OCTOBER 1,2012 THROUGH SEPTEMBER 30.2013 ll SBA: Receipt g. 467'�P[ING/TREE rcAiNT cE Business Name: COMPLETE PROPERTY SERVICES OF Business Type: RE& TRTpR+IING/LAWN SOUTH FLORIDA INC MAINTENPI7CES Owner Name:PAT YoNG Business Opened:05/16/2008 Business Location:5455 K.W 24 STREET SWPjCounty1CerIJReg:A792 l MARGATE- Exemption Code: Business Phone:954-974-5151 Rooms Seats Employees Machines Professionals i 25 FarVending Bualnesa Only Nufnlrer of Machines: Vending Yype: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Coiledion Cost Tcial Paid si.oa o.00 a.oa 0.00 0.00 0.00 81.00 - i THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS i THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non-regulatory.in nature.You must meet all County andfor Municipality planning 1 E WHEN VALIbATEq and zoning requirements.This Business.Tax Receipt must be transferred when ! the business is sold, business name has changed or you have moved the business location.This receipt does not Indicate that the business is legal or that It Is In compliance with State or{ocal laws and regulations.. is Mauling Address: PAT XOiti7G Receipt #02A-11-00068757 Pp BOX 974476 Paid 09/20/2012 51.00 COCON= CREEK, FL 33097 I I I i I 2012 - 2013 BROWARD COUNTY-LOCAL BUSINESS TAX RECEIPT 115 S,Andrews Ave.,Rm.A-100,.i=t Laudsrdale,FL 33301-1895—9548314000 VALID OCTOBER'f,2012 THROUGH SEPTEMBER 30,2013 013A. Receipt#:324C-247643 C0PLRTE PROPERTY SERVICES OF ��7 Business Type, EESS CONTROL Business Name:SOUTH FLORIDA IITC i Owner Name:PAT YONG Business Opened:03/22/2012 BUSIrl85SLocation,5455 NW 24 5T Stat@ICOUnty1C0rtlRBg:JB19289B MARGATE Exemption Code: Business Phone: Rooms seats Employees Machines Professionals j 5 � I For Vending eu4rneaa 0. Y M Number of jyachingga. Vending Tjpa: lax Amount Transfer Fee NSF Fee Penalty Prior Years Collectlon Cost Total Paid i 33.04 0.00 0.00 0..00 0.00 0.00 33_0 J0 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is j non-regulatory in nature.You must meet all County and/or Municipality planning WHEN VAlIDATEB and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the I business location.This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: PAT YONG Receipt #02A-11-00006757 PO BOX 970076 Paid 09/20/2012 33.00 COCONUT CREEXr FL 33097 1 4 2012 - 2013 City of Margate,Florida Local Business Tax Receipt * t *M 901 NW 66"Avenue Margate, FL 33063 OF is V; 4±'r' (954)979-6213 Business Name COMPLETE PROP SVCSISO FL INC. Receipt Nbr: 13-00006805 ,Location address: 5455 NW 24TH ST Issue Date f Class: CONTRACTOR PLUMBING LAWN SPRINKLERS Ef]'edive Date: October 01,2012 Expiration Date::September 30,2013 Receipt Fees: 130.00 Comments. For Rome Local$usiness Tax Receipt No Commercial VehiclesPeamitted at Rc6denee.No Inventory, f: Stock of Trade,Sales or Display, PeanittA Commercial and all others: No Outside Sales,Service Display,Stock or Storage witlroutpriur City Commission P.PprovaL MW COMPLETE PROP SVCS/SO FL INC- lNOTM RiCWT Nlt t5TSETRANWE"RM NS 5455NW24TI ST WHEUMMISSrtDWORSOM lPfecs9eboilornpaibnal4istom� MARGATE FL 33063-7712 Post This Receipt in a Conspicuous Place &laximun Capacdy: NIA Of Rys City of Margate,Florida Local Business Tax Receipt 901 NW 66"Avenue Margate, FL 33063 oF �aFTtr�°r (954)979-6213 ' F. Business Name: COMPLETE PROP SVCS/SO FL INC. Receipt Nbr: 13-00006804 L'oazion address; 5455 NW 24TH ST Issue Duce!Class. LANDSCAPING CONTRACTORS Elective Date: October 01,2012 Expiration Date:Sepk-,mber 30,2013 Receipt Fees: 130.00 Comments; For Rome Local Business Tare Receipt No Commercial Vehielas Permitted aaResidertm No Inventory, Stock of Trade,Sales orbispley,Permitted. Commercial mid all others: No Outside Sales,Savior,Display,Stock or Storage without prior City Commission.Approval. 0006787 COMPLETE PROP SVCS/SO FL INC. HdIICE RMEFr NUSTBETRN, 5455 NW 24TH ST "fN $ Mg0M p6a«sesesbotkrnpor5cr d1vt wrQ NARGATE FL 33063-7712 Post This Receipt Ina Conspicuous Place Maximum Capacky. NIA 'C��,�t5;"�x5 rr,� ,� _ „- $;;,!,� H° ,:�:+•sy �•��'� aer.....i_s x"�t,,.,k?-a c�:•-�:a �rr� t"'�; •-aar,,',•a s_..,ur. •�.�f xWturn��.:.r' h.. 5, 3' Fr i o { L' V H Q sr cn o ry f A 41* y PL.i . r~ a kn �, w w v Es G STATE OF FLORIDA ;)rprtinznt of agriruieitre anb QCon�umer fferbhc BUREAU OF ENTOMOLOGY&-PEST CONTR OL Date File No. Expo September 26,2422 JE12659 September 30,2013 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CE AplER 482 FOR THE PERIOD EXPIRING: September 30,2013 AT COMPLETE PROPERTY SERVICES OF SOUTH MARGA'T'E,FL 33663 I Cerff"Operator'' ERIC KISS WILSON COMPLETES FROPER•TY SERVICES OF SOUTH I PO BOX 970016 COCONUT CRETK,FL 33097 ADAM R PUTNAM,COEWSSIONER STA'T'E OF FLORIDA 3DepadWtut of gigtt11ldm anb CaMulmt -lkrbiEt� BUREAU OF ENTOMOLOGY&PEST CONTROL Date File Nn_ Expires August 27,2012 JE162932 September 30,2013 CA THE I1) RD BOLDER NAMED BELOW HAS IUwGISIERED UNDER. THE PROVISIONS OF CHAPTER 492 FOR THE PERIOD MIRING: September 307 2013 AT COMPLETE PROPERTY SERVICES OF SOUTH MARGATE,FL 33063 PAT YONG Regular COMPLETE PROPERTY SERVICES OF SiOb 1H PO BOX 970076 v — COCONUT CREEK,FL 33097 ADAMR.FUTNA M,COMMISSIONIER STATE OF FLORIDA 0wrtment of 21grieuLture anb Cangumer jerb[re5 BUREAU OF ENTOMOLOGY&PEST CONTROL Data File No. Expims August 27,2012 JE192999 September 30,2013 TFFE TD CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 492 FOR THE PERIOD£XPIW[1G: { September 30,2013 AT COMPLETE PROPERTY SERVICES OP SOUTH MARGATE,FL 33063 WILLLE CHIN Regular COMPLETE PROPERTY SERVICES OF SOUTH PO BOX 970076 COCONUT CREEK,FL,33097 ADAM H;PUTNAM,COMMISSIONER STATE OF FLORIDA. Peparttltettt of Otglirutture atO Cntl mur :gberbite5 BUREAU OF ENTOMOLOGY&PEST CONTROL Date ReNo. Expires August 27,2012 JEIS2901 September 30,2013 THE 1'D CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CRAPTER 482TOR THE PERIOD MIRING: September 3%2013 AT CaMPLETS PROPERTY SERVICES OF SOUTH MARGATE,FL 33063 ABIMAEL C OLAVARRIA Regular COMPLETE PROPERTY SERVICES OF SOUTH PO BOX 970076 COCONUT CREEK,FL 33091' ADAM H.PUTAFAM,COMMISSIONER i STATE OF FLORIDA ;Scgrtment of AgrlcltCtltre 499 Vn%urptr 0"tO BUREAU OF ENTOMOLOGY&PEST CONTROL Date File No. E*Yes September 25,2012 3TE192900 September 30,2013 THE ID CARD HOLDERNAMEDBEI OW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482]FOR JIM PERIOD E'XPIMG: September 3D,2013 AT COMPLETE PROPERTY SERVICES OF SOUTH MARGATE,FL 33063 RIC•HA PD'VALENTIN Regular COMPLETE PROPERTY SERVICES OF SOUTH F0 BOX 970076 COCONUT CREEK,FL 33097 ADA M tL PU'rhtAM,COMMISSIONER SPATE OF MORIBA mlpBCth at Of agrirulmn HIM cmlI II rr Amtftd BUREAU OF ENTOMOLOGY&PEST CONTROL Fco,C'ONUT Expires 6,2013 JE202755 S"mber 30,2013 CARD FOLDER NAMED BIfLOW FIRS REGISTERED LrNDER OVISIONS OP CHAPTER4$ZFOR THE PERIOD EXPIRING: ber 30,20I3 A P TE PROPERTY SERVICES OF SOUTH TE,FL 33063 OVIDIOTOMAS-FRANCISCO Regular ETE PROPERTY SERVICES OF SOUTH 970076 UT CREEK,FL 33097 ADAM H.PUTNAM,COMMISSIONER iSTATE OF FLORI DA ? epactnient of Mgr#nittpre Imb col;igumtr Iserbitee BUREAU OF ENTOMOLOGY&PEST CONTROL 1 Date FileND. Expires March Z6,2013 JE202767 Septemher 30,2013 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR TILT PERIOD HXPLRIAIG: + &ptember 30,2013 AT COMPLETE PROPHRTY SERVICES OF SOUTH MARGATE,FL 33063 MANUEL RAMIREZ Regular COMPLETE PROPERTY SERVICES OF SOUTH PO BOX 970076 COCONUT CREEK,PL 33097 ADAM H.PliTNAM,COMMISSIONER i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: August 11, 2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 RENEWAL OF UMBRELLA AGREEMENT FOR BANKING SERVICES/BANK OF AMERICA,N.A. BACKGROUND The City's core banking services have been provided under a contract with Bank of America, since August 16, 2011. The original banking services agreement was identified in the RFP Village of Wellington: ITN #023-08/JWV. The current agreement expires September 30, 2014 and includes two, two year, extension options. The City pays for services as requested based on the price list included in the contract, with the opportunity to reduce net charges by maintaining compensating balances with the Bank. The compensated balances decision is based on the difference between earnings available in the City's short term investment account managed by PFM and the earnings rate at the Bank. Although Bank of America's service has been entirely satisfactory, staff intends to undertake a comprehensive review of all current banking and related services with the objective of identifying and implementing changes that will reduce cost and/or improve customer service. Results will inform a decision whether to continue with Bank of America through the extension not-to-exceed date of September 30, 2016, or immediately to initiate a banking services procurement. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Request for authorization to extend the current Bank of America umbrella services agreement until no later than September 30, 2016 with no change in the current terms and conditions. The City would be able to terminate any service covered under the agreement on 30 days' notice. OPERATING COST Total gross service charges for the 12 months ending June 2014 were $52,673.11; giving effect to earnings on compensating balances reduced the net cost to the City to $15,195.95. Total cost of the contract extension will depend on services requested by the City and the City's decision to maintain compensating balances with Bank of America. TIMING OF THE REQUEST The current agreement expires September 30, 2014. Timely approval of this extension will facilitate implementation of services changes. FUNDING SOURCE The cost of banking services is budgeted in Finance Administration Account #001-1511-513-31.90 (Other Professional Services) and Water/Sewer Utilities Customer Service Account #441-5112-536- 31.90 (Other Professional Services). RECOMMENDATION Recommend authorization to extend the current Bank of America umbrella services agreement for a maximum of two years (until no later than September 30, 2016)with no change in the current terms and conditions. UMBRELLA AGREEMENT FOR GOVERNMENT BANKING SERVICES 'Aug 0811 02:36P p.1 Umbrella Agreement for Government Banking Services This Agreement for Government Banking Services(the"Agreement")is made as of this 16th day of Augus 2011,between The City of Delray B"ch (the"Client")and Bank of America,N.A., a national banking association. 'A7HER-BAS, the City of Wellington issued a Request for Proposal CRFP'o more fully identified below,for providing banking services identified in the RFP(the"Services")Village of Wellington- ITNAO 023-08/3-"'V mid WHEREAS, the Bank was the successful bidder under the RFP,having submitted its bid response dated May 79� 20D (the"Bid Response");and WHEREAS,the City of Delray Beach wishes to enter into this Agreement for the purpose of specifying the term and constituent documents of the agreement between Client and Bank regarding the Services; NOW.THEREFORE; in consideration oflihe foregoing,and other good and valuable consideration,the parties hereby agree as follows: 1. Integrated cement. The entire and integrated agreement between Client and Bank related to the 9L_ _Ag[�� Services shall consist of this Agreement, Bank's Treasury Terms and Conditions booklet (including user documentation and set-up forms), Bank's Bid Response and Village of Wellington's RFP as modified by the Bid Response. In the event of conflict among any of the preceding documents, such documents shall govern in the following order of precedence: (])this Agreement, (2) Bank's Treasury Terms and Conditions booklet (including user documentation and set-up forms), (3) the Bid Response and (4) the Village of Wellington RFP. Pricing schedule is attached hereto as Exhibit A. The integrated agreement supersedes al] prior negotiations, representations, statements and agreements, whether written or oral, regarding the Services. Specifically,the following clarifications to the RFP are to be noted a3 controlling: • Mutual non-indemnification—the Client and Bank agree to mutual non-indemnification,where neither party is responsible for indemnification of the other. • Limitation of liability—to be governed by the Limitation of Liabilities section of the terms and conditions booklet. 2. Commencement of Perforinaricc. Except as otherwise ag=d by the parties,Bank shall begin performing each Service upori.execution' and delivery of this Aareenierxt,the mrtineni service-level agreement and the related set-up forms. Bank shall continue to perform such Services during the term of this Agreement. 3. le—TILL This Agreement is for an initial teen of Three(3) years, The initial agreement to expire September 30}2014. This contract may renew for Two (2)year extensions,The Agreement may be extended by mutual consent of the parties as set forth in the RFP. 4. Notices. Except as may otherwise be specified in the applicable service-level agreement or set-up form, notices to Client and Bank shall be sent to the addresses set forth below: Client: City of Delray Beach 100 K.W. 1st Avenue Delray Beach,FL 33444 Bank: Bank of America—N.A. 625 N. Flagler Drive,IObF]oor West Palm Beach,Florida 33401 00-35-3112NSM'V 03.0*-ZX6 Page 1 of 2 Aug 08 11 02:36p P.2 Changes in the respecti-c address set forth above may be made from time to time by any party upon written notice to the other party. 5. This Agreement shall be construed in accordance with the Laws of the State of Florida. 6. Should any dispute arise from this Agreement,the venue shall tic in Palm Beach Count}`, Florida. In witness whereof, the parties have executed this Agreement as of the date first written above, -City of DelOw Beach Bank of America,IN.A_ ( UENrS LE L NAME) (BANK NAME) By: 6wn r,; By: (Signature) (Signature) Name: Nelson'Wbodie"MeDtiffie Name: tin 5.111_4> Title; Mayor (Print or Type) Title: {Print""T Id-72 (Print at Type) (Print or Type) By: By: (Signature) (Signature) Name: Name: (Print at Type) (Print or Type) Title., (Print or Type) (Print orType} S�x �4�I Approved as to iOtM and ipgai suTriciency: City Attorney Pope 2 of,' City of Delray Beach Pricing Proposal 2011 Exhibit A-Products Exhibit A-Products Proposed Product _F-AFPCode Svc Code Service Description Volume Proposed Vol Range Svc.Total BAL/COMP 000212 00000002 NEGATIVE COLLECTED OD* 0.00 0.00 1+ 0100 SAL/COMP 040230 00000035 FDIC ASSESSMENT/$1,000*0 12,000.00 0.11 1+ 1,303-20 ODA 020000 00001000 ACCOUNT MAINTENANCE 11-00 7.00 1+ 77.00. CASH 100000 00001010 BANKING CENTER DEPOSIT 211.00 0,25 1+ 52.75 CASH 100007 00001012 D/NIGHT DROP DEPOSIT 130.00 0.25 1+ 3150 CASH 100100 00001014 VAULT DEPOSIT 23.00 0.30 1+ 6.90 CASH 100100 00002016 ITEM PROCESSING DEPOSIT 9.00 0.25 1+ 2.25 MISC 019999 000410-2-1 COURIER CHARGES 1.00 42_272 1+ 422.72 DDA 010100 00001031 DEBITS POSTED-OTHER 0.07 1+ 0.07 CASH 100502 00001035 DEPOSIT CORRECTION-NON-CASH 4.00 3.50 1+ 14.00 DISB 1150102 00001040 GENERAL CHECKS PAID TRUNCATED 0100 0.06 1+ 0.00 DIS8 1150100 00001041 GENERAL CKS PAID-NOT TRUNCATED 1,341.00 0.06 1+ 80,46 ODA 1010306 00001051 DIRECT DDA STMT PER ACCT 0.00 10.00 1+ 0.00 INFO-DIR/M2M 150400 00001104 STOP PAY INQUIRY 0.00 1.00 1+ 0.00 INFO-DIR/M2M 150400 00001105 PAID ITEM INQUIRY oko 1.00 1+ 0.00 DDA 010020 00001120 ZFIA MASTER ACCOUNT MAINT 1.00 15.001 1+' 15,001 DDA 010021 00001121 ZBA SUBSIDIARY ACCOUNT MAINT 6.00 10.001 1+ 60.00 DDA 010000 00001130 TFR MASTER ACCT MAINT 040 50-00:1 1+ 0.00 DDA 010000 00001131 JTFR SUBSIDIARY ACCT MAINT 0.00 5.00 1+ 0.00 DEP RECON 010000 00001141 DEPOSITORY+SUB ACCT MAINT 0100 Sko 1+ 0.00 CASHPRO 400099 00001605 1 PO SUBSCRIPTION 1.00 55.00 1+ 55.00 CASHPRO 400099 00001606 jCPO PRIOR DAY ACCOUNT 7.00 20.00 1+ 140.00 CASHPRO 400239 _00001607 I CPO PRIOR DAY PER ITEM _21500.-00 0.04 1+ 140,00 CASHPRO 400229 _6666L608 ]CPO CURRENT DAY ACCOUNT 7.00 20.00 1+ 140,00 CASHPRO 400239 00001609 CPO CURRENT DAY PER ITEM 500.00 0.10 1+ 50.00 CASHPRO 350699 00001631 CPO SECURITY TOKEN 0.00 55.00 J+ 0.00 CASH 10001A 00002004 CURR/COIN DEP/$100-QBD-ND 1,626.00 0.04 1+ 65.04 CASH 10001Z 00002009 CURR/COIN DEP/$100-BKG CTR 1,794.00 0.04 1+ 71.76 :CASH 10011Z 00002010 CURR/COIN DEP/$100VLT 850.00 0.04 1+ 34.00 :CHK/RET 100411 .00002071 RETURNS-ERIN+ 25.00, LODI 1+ 25.00 CHK/RET 100400 00002080 RETURNS-CHARGEBACK 16.001 2,00 1+ 32.00. CHK/RET 100402 00002084 RETURNS-RECLEAR 2540 4.00 1+ 100.00' CHK/RET 100402 00002090 RETURNS-RECLEAR SERVICES 1.00 0.00 1+ 0.001 CHK/RET 100401 00002092 RETURNS-ALTERNATE ADDRESS SVCS 3.001 0.00 1+ 0.001 CHK/RET 100401 00002094 RETURNS-DUPLICATE ADVICE 1.00' 0.00 1+ 0.001 CHK/RET 1100430 00002099 1 RETURNS-MAKER REQUIRED 16.001 0.301 1+ 4.801 CASH 1100501 00002115 1 DEPOSIT CORRECTION-CASH 4.001 5.001 1+ 20.00 CASH 1100044 00002120 ICOIN SUPP/ROLL-BKG CTR 0.001 0.121 1+ 0100 CASH 1100040 00002131 CHANGE ORDER BKG CTR 0.001 2.501 1+ 0.00 CASH 100049 00002134 CURR SUPP/$100-BKG CTR 0100 0.09 1+ 0.00 CHK/RET 100401 00002211 RETURNS-MAKER REQUIRED SERVICE 4.00 0100 1+ 0.00 CHK/RET 100212 100002300 CKS DEP PRE-ENCODED ITEMS 340k() 0.06 1+ 20.401 ICHK/RET 100222 100002301 CKS DEP UN-ENCODED ITEMS 10,625.00 0.05 1+ 531.25, JCHK/RET 100310 j00002320 CKS DEPOSITED FOREIGN ITEMS 9.00 3.00 1+ 27.00 JCHK/RET 100230 100002330 CKS DEP REJECTS 0.00 0.65 1+ 0.001 ICHK/RET 1100200 100002420 CARRIER DOC 1 1,00 15-00 1+ 15M ISB 150410 100002423 STOP PAY AUTOMATED<=12 MONTHS 'Rt i 23.00 10.00 1+ss 150410 J00002424 STOP PAY AUTOMATED>12 MONTHS 0.00 15.00:i 1+ 0.00 ODA 151342 00002425 CHECK COPY 0.00 5.00 1+ 0.00ii ODA 010100 00002473 DEBITS POSTED-ELECTRONIC 76,00 0.07 1+ 5.32: DDA 010101 00002475 CREDITS POSTED-OTHER 0.00 0.07 1+ 0. DDA 010101 00002523 CREDITS POSTED-ELECTRONIC 385.00 0.07 1+ 1 26.951 LBX 050000 00003010 WLBX MANUAL PAPER LBX MAINT 0.00 140.00 1+ 1 0.001 ,LSFLBX 05011A 00003013 WLBX MANUAL PAPER CHECK PRINT 0.00 0110 1+ oml -X OS0300 00003020 WLBX DEPOSIT PREP PER DEPOSIT 0100 1.25 1+ 0.00 LBX 050100 00003040 WLBX MANUAL PAPER PROC ITEM 0.00 4.40 1+ 0.00 LBX 050410 00003060 WLBX STD US MAILOUT PER ITEM 0.00 0.48 1+ 0.00 LBX 050530 00003077 WLBX CORRESPONDENCE 0.00 0.40 1+ 0.00 LBX 05011F -100003156 WL8X DETAIL RETURNED 0.00 0.23 1+ 0.00 LBX 05011P 00003349 WLBX WALK IN DEPOSIT 0.00 5.00 1+ 0.00 Lax 050117 00003441 WLBX REASSOCIATION 0.001 0.151 1+ 0.001 DISS 150102 100004009 GEN DIS8 CKS PD-IS FRONT 1MG -1 mool 0,171 DISB 150420 00004060 STOP PAY MANUAL<=12 MONTHS obo 20.00 1+ 0.00 DDA 010600 00004102 GCS TRANSACTION HISTORY 0.00 0.00 1-5 0.00 ODA 010600 00004102 GCS TRANSACTION HISTORY oloo oloo 1+ 0.00 AFtP 151350 00004304 CD ROM MAINTENANCE 2.00 15.00 1+ 30.00 ARP 151351 00004305 CD ROM PER IMAGE 1,341.00 0.03 1+ 40.23 ARP 151353 00004306 CD ROM DISK 1.00 10-00 1+ 10.001 ARP 209999 00004318 PP IMAGE REQUESTED 0.00 0.owo 1+ 0.00, DISB 151399 00004324 IMAGE ARCHIVE-7 YEARS 0.00 0.02 1+ 0-00ji DISS 151399 00004332 IMAGE MAINTENANCE 1.00 10.00 1-1 10.00 DISB 151399 00004332 IMAGE MAINTENANCE 1000 0.00 1+ 0.00 DISB 150300 00004350 DISBURSEMENT CHECK REJECTS>1% 0.00 1.50 1+ 0.01 ICL 100200 00004401 IMAGE DEPOSIT 22.00 100 1+ 22.00:1 ICL 100229 00004438 IRD DEPOSITED ITEMS 0.00 0.10 1+ 0.00 ICL 100229 IMAGE CASH LETTER-TRAN,MAINT. 1.00 200-00 1+ 200.00 ICL 100229 00004439 IMAGE DEPOSITED ITEMS 340.00 0.05 1+ 17.00 RDS ONLINE 010000 00004457 REMOTE DEP-ACCOUNT MAINTENANCE 4.00 25.00. 1+ 100.00 RDS ONLINE 019999 00004458 REMOTE DEP CK IMAGE PROCESSING 340.00 015 1+ 51.00 ACH 250302 00005027 ACH RETURN ITEM 15.00 I.So 1+ 22,501 Do ACH 250000 00005042 ACH MONTHLY MAINTENANCE _I 15-00 1+ MOO ACH 250501 00005062 ACH INPUT-FILE 10,100 10.00 1-10 100,00 ACH 250501 00005062 ACH INPUT-FILE 0.00, 10.00 11+ 0.00 ACH 250150 00005067 ACH BLOCKS AUTH INSTRUCTIONS 0.001 1.00: 1-10 0.00 ACH 250150 00005067 ACH BLOCKS AUTH INSTRUCTIONS 25.001 0.50 11+ 12.50 �CH 251050 00005076 ACH BLOCKS AUTH MAINTENANCE 7.60 15.00 1+ lo&00 ACH 250120 00005090 ACH ORIGINATED ADDENDA 0.00 0.02 1+ Uo IWIRE 350550 00005110 PHN WIRE REPEAT TEMPLATE BUILD 0.00 1.50 1+ 0.00': IWIRE 350550 00005111 PHN WIRE REPT TEMPLATE STORAGE 0.00 0.751 1+ 0. IWIRE 359999 00005114 WIRE MODULE MAINTENANCE SVCS 1-00 15.001 1+ 15.00 WIRE 350103 00005118 IVR-WIRE OUT-DOMESTIC 000 15.001 1+ 0.00 WIRE 350123 00005119 IVR-WIRE OUT-BOOK OB 0.00 5.00 1+ 0.00 WIRE 350103 00005128 ELEC WIRE OUT-DOMESTIC 30.00 6.00 1+ 180.00 WIRE 350123 00005130 ELEC WIRE OUT-BOOK DB 9.00 3.00 1+ 27.00 DDA 010310 00005149 FACSIMILE TRANSMISSION 0.00 5,00 1+ 0.00 \�IRE 3SO510 00005156 STANDING ORDER TFR-DOM WIRE 0.00 12.00 1+ oloo WIRE 350521 100005171 WIRE OUT-DRAWDOWN RESPONSE 0,001 15.00 1+ 0.00 WIRE 350300 100005180 INCOMING DOMESTIC WIRE 2.00 5.00 1+ 10.00 WIRE 350412 100005193 WIREADVICE-MAIL Uo 2.50 1+ 0.00 WIRE 350412 00005194 WIRE ADVICE-PHONE 0.00 0.00 1+ 0.00: WIRE 350202 00005202 MANUAL WIRE OUT-OOMESTIC 0.00 15.00 1+ owl �WIRE 350551 00005214 ELEC WIRE BK MNT TEMP STORAGE 43.00 0.00 1+ 0.00 :ACH 250622 00005234 DELETE/REVERSAL BATCH/FILE 1.00 50.00 1+ 50.001 .ACH 250102 00005247 ACH LV ON US ITEMS 0.00 OJS 1+ 0.00 ACH 250102 00005248 ACH LV OFF US ITEMS 0.00 1.50 1+ 0-00i ACH 251070 00005345 ACH NOTIF OF CHANGE(NOC) 000 1.50 1+ 0.001 ACH 2S9999 00005490 ACH STANDARD REPORTS-FAX oloo 3.00 1+ 0.001 ACH 259999 100005493 JACH STANDARD RPTS-ELECTRONIC 12.001 11001 1+ 12.001 WIRE 350310 100005525 INCOMING USD INTL WIRE-CHG OUR 0.00 12.00 1+ 0.001 ACH 250101 00005600 ACH CONSUMER ON US CREDITS 596.00 0.07 1+ 41.72 ACH 2SO101 00005601 ACH CONSUMER OFF US CREDITS 1,576.00 O07 1+ 110.32 ACH 250100 00005602 ACH CONSUMER ON US DEBITS 484.00 0.07 1+ 33.88 ACH 2SO100 000OS603 ACH CONSUMER OFF US DEBITS 1,508m 0.07 1+ 105.56 ACH 250201 00005662 ACH CREDIT RECEIVED ITEM 375.00 0.07 1+ 26.25 ,DISB 020600 100005681 GCS-STOP PAYMENT 0.00 0,001 1+ 0,001 RDS ONLINE 019999 00005870 HIGH VOLUME SCANNER MAINT 0.00 25.00! 1+ 0.00 RDS ONLINE 019999 .00005871 IVIED VOLUME SCANNER MAINT 4.00 is.001 1+ 60.00 ARP 200020 00006002 ARP PARTIAL MAINT-PAPER APTS 2.00 0.001 1+ Uo ARP 151100 00006005 CHECK SORTING MAINTENANCE 0.00 35.00 1+ oloo TEP RECON 100600 00006006 DEPOSIT RECON MAINTENANCE 2.00 55.00 1+ ssloo DEP RECON 100610 00006432 nFPQSIT RECON PER ITEM 380.00 0.10 1+ 38.06 ARP isiloo 00006008 CHECK SORTING PER ITEM Uo 0.05 1+ 0.001 -RP 200120 00006026 PARTIAL PER PAID ITEM 1,341001 0,06 1+ K46 ARP 200301 00006033 ARP RECON TRANS END OF CYCLE 2.00 15.00 1+ 30.00 ARP 200309 00006094 ARP OUTPUT PROCESSING PER ITEM 1,341.00 0.001 1+ 0.00 ARP 200210 00006091 ARP MANUAL ISSUE INPUT ITEM 0.00 0.001 1+ 0.00 ARP 159999 100006455 ARP POSITIVE PAY RETURN-OTHER 0.001 15.00 1+ 0100 ARP 150210 11000064S6 PAYEE POSITIVE PAY-ISSUE MATCH 0.001 0.02 1+ 0.00 ARP 150300 00006458 PAYEE POSITIVE PAY-CK REJECTS 0.00 LOO 1+ 0.00 ARP 150122 00006459 PAYEE POSITIVE PAY MAINT 0.00 10,00 1+ 0100 ARP 200299 00006467 TELLER PPAY ISSUE NOT FOUND>1% 0= 10.00 1+ 0.00 LNPO-DI�JIM211M 151351 00007 19 IMAGE RETRIEVAL 11.00 0.25, 1+ 2.75 WIRE 350320 00008072 BOOKCREDIT &00 5.001 1+ 40 JDISB 150500 00009317 NONRELATIONSHIP CUST CK CASHED- 0.001 0.001 1+ 0. 00060000 MISCELLANEOUS SERVICES-A 000 Estimated Total S,508.77 Check printing service: Estimated Annual 66,105.24 Description Pricing PayMode Plus ,Implementation 5 975.00 I Paymode Plus Printing !services S 0.16 PayMode Plus Mailing Services 014 PayMode Plus Additional p 012 Paymode Plus image Oel�Tier 2 O04 Paymode Plus Express Handling 4.50 Paymode Plus Check Pulls $ 4.50 Paymode Plus Postage Cost Paymode Plus Duplex Print 0.25 Paymode Plus Envelopes $ 0.035 Paymode Plus Flat Envelope 0.20 Paymode Plus Same Day Print $ 0.04 Paymode Plus Monthly Fee 75.00 Please note rates are subject mchange, Please note: Bank m America has endeavored m provide v comprehensive foe schedule am directed in the nFp. Given the number o/services and product options available m our clients,Vm difficult wdetermine v,anticipate all products and services that maybe applicable w the City. Therefore,banking services utilized but not spe6fic-auv referenced m this proposal will ma charged m,nnuap»*a,onmo monthly analysis statements, Pricing for additional services and options that an City may want m add in the future can be negotiated at the time of set-up, The ECR rate offered in this proposal is a manage rate and subject m increase o,decrease without notice.Some items are one time costa FDIC assessment i,a pass mmcharge and subject m change a/any time.The Reserve Rate, generally at 104%,is currently at zero,but subject to change without notice.Set up fees,if any,are one time charges, The Earnings Allowance Rate(EAR)on your account is used to calculate your Earnings Allowance, which Is based on your average investable balance.Your EAR may vary;and,at our discretion,we may change this rate w any time.When determining the EAR rate,Bank v/America considers a number of prevailing market indicators.The Collected Overdraft Interest Charge Rate on your oonwnt is used m calculate your Collected Overdraft Interest Charge,which iw based onyour negative collected balance.The rate on your account may vwnx and,wt our discretion,*emay change this rate at any time.When determining this rate Bank m America ovvmuersmoum»o,v, factors and generally bases this rate on our Prime Rate plus a margin,The margin may change from time m time.Additional information regarding pricing u,fees may be obtained from your Bank of America representative, AUTHORIZATION AND A GREEMENT FOR TREASURY SERVICES ' ' AUTHORIZATION AND AGREEMENT FOR | am an authorized representative of the organization specified below(the"Client").The Client has received Bank of America's Treasury Servi6es Terms and Conditions Booklet(the"Booklet")in the form and with the content posted on the website of Bank of America and agrees to adhere to the Booklet and any applicable User Documentation from Bank of America("Bank").The Services covered by the Booklet and the banks providing Services are listed on the accompanying List of Banks and Services,which we may change ftom time to time.Capitalized terms used in this Authorization and Agreement form,not otherwise defined,have the meanings given to them in the Booklet. After l sign below on behalf of the Client,the Client may from time mtime request the Bank m provide any of the Services described in the Booklet.The Client may begin to use any such Service once Bank has approved such use and has received all required and properly executed forms and the Client has successfully completed any testing and training requirements. The Booklet supersedes other agreements between the Client and the Bank,as described under the General Matters heading in the Booklet,with regard,o the provision ofServices. l warrant that the Client has taken all action required hyits organizational or constituent documents tn authorize muto execute and deliver on behalf of the Client this Authorization and Agreement folin and any other documents the Bank may require with respect muService.l am authorized m enter into all transactions contemplated 6y the provision ofServices to the Client,These may include,but are not limited to,giving the Bank instructions with regard to Electronic Funds Transfer Services and designating employees or agents to act in the name and on behalf of the Client. Guidelines for completion: Y[Client ix*: Who must sign: corporation...___........ ................... .--................any authorized officer limited liability company..........................-. .............all members,m any authorized officer* partnership ..........-- .....-.....-any general partner limited liability ........................---......the managing punn*r* sole proprietorship.............. ......................--......the sole proprietor governmental entity............................. - ..................the Treasurer* *Includes any individual authorized under Client's charter m organizational mconstituent documents.The legal name of any member,managing member,manager |partner who is signing and wh is not an individual must appear in the signature-block.Note that in m lient must also complete the Certification form which follows. "It t "Sa M 5 Tsigna-tur—e of Aluthorized,Rep-resentati [Signature of Authorized Representative,if two are NELSON S. McDUFFIE required by Client] (Print Name of Authorized Representafix-J-1 KAYOR [Print Name of Authorized Representative) (Print title of Authorized Representative,(include the legal name of any member,managing member,manager,or [Print title of Authorized Representative(include the legal general partner who is signing and who is not all name of any member,managing member,manager,or individual)] general partner who is signing and who is not an The following addresses mybc used for giving notices in individual)) connection with this Booklet except is you or*oprovide Addmsx(es)6urBunk-Nio/iocs the other different addresses tn6e used inconjunction Bank of America,N.A� with your accounts or particular Services, Documentation Management(Cx4700-04-07) Address for Client Notices: uus� �0�BOX 27128 100 m�w. 1ST xvomUo Concord,CA,D4J279904 DELPAY BEACH, FL Fxx:(925)675-7131 ��-�-----------'----------'----- and,if filled in,xkofollowing: Telcpl)one( )_561 243-7120 Fax: 561 243-71�6 ' Telephone( >_ ------- Approved � ( ) am *0Yorm and ro^� legal Sun/C/enoy: AD-AC-0455B(20 m20mBank OfAmericacorpomu* City Attorney TREASURY SERVICES DELEGATION OF AUTHORITY FORM AUTHORIZATION AND AGREEMENT CERTIFICATION . . . . AUTHORIZATION AND}certify that each signature appearing on the previous page for Client is the true signature of a person authorized ooexecute the form un behalf of Client,and I further certify that l have full authority mexecute this certification,The Bank is entitled oo rely upon this certification until written notice of its revocation is delivered to the Bank. Guidelines for completion:This certification should AEj tement. If Client iuu: Who must sign: corporation...............................................................any authorized officer limited liability cumpuny............................................any member m authorized officer partnership(general m limited).......................... ......any general partner limited liability partnership...........—. ...---... —'mV partner sole proprietorship................................... —...............nn signature required go»onxnxow(oxity .—.........-------............file entity's counsel,m any other individual os permitted hy the entity's mgun:izationo|documents The legal.name of any member,managing memberi manager or genera)partner who bsigning and who is not an individual must appear in the signature block. Note:If Client is not a D.S.ha4ei entity,it is not required bo complete this certification,but must provide authorizing uortifimuoaormandates. CITY OF DELRAY BEACH Dated GAAZI.- j'SW%S.Lr,,GAL NAME) Nk [Signature o Certifying Representative) cnevsLLs wnmzm (Print Name uf Certifying Kmpiexcn/oo>vv) czTc CLERK [Print title of Certifying Representative(include I-lie legal name n[any member,Managing member,manager ur general po/uzer who i»signing and who io not mn individual)) ^o-Arf-04 55mo010) wwm Bank o/xrnericuCorporation ^ . . ~ TREASURY SERVICES DELEGATION OF This form imoptional and ismh*used when you wish m delegate authority to sign various authorization form m someone other than the person who signed the Authorization and Agreement form it)the front ofdbimBooklet. By signing below,you authorize the incumbent of the specified position listed in Section A or each person listed in Section B below, acting alone,m execute documents that*e may mgom�and any amendments un renewals thereof,pertaining to the use of Services, including but not limited to designating one or more persons(which may include himself or herself)authorized to initiate,amend, cancel,confirm or verify the authenticity of instructions to us for Services,whether given orally,electronically or by facsimile in- structions,and to revoke any authorization granted to any such person,as he or she deems appropriate.The signer of this form has the same authority described above for cacti Service with us,unless otherwise specified.We are entitled to rely upon this delegation until written notice of its revocation is received hyus. Guidelines for completion:VU}uut either section Aor section B,or both,depending ao your needs. • Tu delegate aodimity*n any pumoi holding u specific lide,fiUouc section A. • Tu defecate authority w specific individuals hy name,fill out section 0. ' For each name o,title,indicow"AU"io the^Qo,viou''udomnif the person or title has authority msign documents for all SeMuu which you receive from us.Otherwise,indicate specific Services for which the person m title has authority.For each name n,title, indicate the d entities for which the has authority A. TO DELEGATE AUT8OBSI"Y'lD ANY PERSON HOLDING SPECIFIC POSITIONS Title Service Cnuty CITY MANAGER ALL CITY OF DELRAY REACH ASSISTANT CITY MANAGER ALL CITY OF DELRAY BEACH FINANCE DIRECTOR ALL CITY OF DELRAY BEACH 8.TO DELEGATE AUTHORITY 7O SPECIFIC MIYIDUALS nomo Scpivx Entity Spv6menBigmvmre CLIENT AUTHORIZATION Client Authorization Instructions: The same person who signed the Authorization and Agreement for Tr ty Se�-viccs form must sign.this Treasury Services Delegation of Authority form. (ITY—V DELRAY ByA/CJ4\�\ Dated G 'JZATIIONj=,NT��, R) [S�ignatdre of Authorized Repre ,,�/64�ve) NELSON S. McDUFFIE I MAYOR [Print title(include the legal name of any member,mwnnAin& member,manager m general.partner who b signing uvdwho iu not at)individua4] _ Approved &mtoform and legal s cy pjy� City Attorney Treasury _ _ Terms • Conditions BankofAmerica'V�' Merrill Lynch AUTHORIZATION AND AGREEMENT FOR TREASURY SERVICES I am an authorized representative of the organization specified below(the"Client").The Client has received Bank of America's Treasury Services Terms and Conditions Booklet(the`Booklet")in the form and with the content posted on the website of Bank of America and agrees to adhere to the Booklet and any applicable User Documentation from Bank of America(`Bank").The Services covered by the Booklet and the banks providing Services are listed on the accompanying List of Banks and Services,which we may change from time to time.Capitalized terms used in this Authorization and Agreement form,not otherwise defined,have the meanings given to them in the Booklet. After I sign below on behalf of the Client,the Client may from time to time request the Bank to provide any of the Services described in the Booklet.The Client may begin to use any such Service once Bank has approved such use and has received all required and properly executed forms and the Client has successfully completed any testing and training requirements. The Booklet supersedes other agreements between the Client and the Bank,as described under the General Matters heading in the Booklet,with regard to the provision of Services. I warrant that the Client has taken all action required by its organizational or constituent documents to authorize me to execute and deliver on behalf of the Client this Authorization and Agreement form and any other documents the Bank may require with respect to a Service.I am authorized to enter into all transactions contemplated by the provision of Services to the Client.These may include,but are not limited to,giving the Bank instructions with regard to Electronic Funds Transfer Services and designating employees or agents to act in the name and on behalf of the Client. Guidelines for completion: If Client is a: Who must sign: corporation...................................................................any authorized officer limited liability company.............................................all members,or any authorized officer* partnership(general or limited)...................................any general partner limited liability partnership.........................................the managing partner* sole proprietorship.......................................................the sole proprietor governmental entity.....................................................the Treasurer* *Includes any individual authorized under Client's charter or organizational or constituent documents.The legal name of any member,managing member,manager or general partner who is signing and who is not an individual must appear in the signature block.Note that in most cases the client must also complete the Certification form which follows. (ORGANIZATION'S/CLIENT'S LEGAL NAME) Dated [Signature of Authorized Representative] [Signature of Authorized Representative,if two are required by Client] [Print Name of Authorized Representative] [Print Name of Authorized Representative] [Print title of Authorized Representative(include the legal name of any member,managing member,manager,or [Print title of Authorized Representative(include the legal general partner who is signing and who is not an name of any member,managing member,manager,or individual)] general partner who is signing and who is not an The following addresses my be used for giving notices in individual)] connection with this Booklet except as you or we provide Address(es)for Bank Notices: the other different addresses to be used in conjunction Bank of America,N.A. with your accounts or particular Services. Documentation Management(CA4.706-04-07) Address for Client Notices: P.O.BOX 27128 Concord,CA 94527-9904 Fax:(925)675-7131 and,if filled in;the following: Telephone( ) Fax:( ) Telephone( ) Fax:( ) AD-AG-0455B(2010) i AUTHORIZATION AND AGREEMENT CERTIFICATION I certify that each signature appearing on the previous page for Client is the true signature of a person authorized to execute the form on behalf of Client,and I further certify that I have full authority to execute this certification.The Bank is entitled to rely upon this certification until written notice of its revocation is delivered to the Bank. Guidelines for completion:This certification should not be signed by the individual who signed the Authorization and Agreement. If Client is a: Who must sign: corporation...................................................................any authorized officer limited liability company.............................................any member or authorized officer partnership(general or limited)...................................any general partner limited liability partnership.........................................any partner sole proprietorship.......................................................no signature required governmental entity ....................................................the entity's counsel,or any other individual as permitted by the entity's organizational documents The legal name of any member,managing member,manager or general partner who is signing and who is not an individual must appear in the signature block. Note:If Client is not a U.S.based entity,it is not required to complete this certification,but must provide authorizing certificates or mandates. Dated (ORGANIZATION'S/CLIENT'S LEGAL NAME) [Signature of Certifying Representative] [Print Name of Certifying Representative] [Print title of Certifying Representative(include the legal name of any member,managing member,manager or general partner who is signing and who is not an individual)] AD-AG-0455B(2010) ii TREASURY SERVICES DELEGATION OF AUTHORITY FORM This form is optional and is to be used when you wish to delegate authority to sign various authorization forms to someone other than the person who signed the Authorization and Agreement form in the front of this Booklet. By signing below,you authorize the incumbent of the specified position listed in Section A or each person listed in Section B below, acting alone,to execute documents that we may request,and any amendments or renewals thereof,pertaining to the use of Services, including but not limited to designating one or more persons(which may include himself or herself)authorized to initiate,amend, cancel,confirm or verify the authenticity of instructions to us for Services,whether given orally,electronically or by facsimile in- structions,and to revoke any authorization granted to any such person,as he or she deems appropriate.The signer of this form has the same authority described above for each Service with us,unless otherwise specified.We are entitled to rely upon this delegation until written notice of its revocation is received by us. Guidelines for completion:Fill out either section A or section B,or both,depending on your needs. • To delegate authority to any person holding a specific title,fill out section A. • To delegate authority to specific individuals by name,fill out section B. For each name or title,indicate"All"in the"Service"column if the person or title has authority to sign documents for all Services which you receive from us.Otherwise,indicate specific Services for which the person or title has authority.For each name or title, indicate the entity or entities for which the person or title has authority to sign documents. A. TO DELEGATE AUTHORITY TO ANY PERSON HOLDING SPECIFIC POSITIONS Title Service Entity B.TO DELEGATE AUTHORITY TO SPECIFIC INDIVIDUALS Name Service Entity Specimen Signature CLIENT AUTHORIZATION Client Authorization Instructions: The same person who signed the Authorization and Agreement for Treasury Services form must sign this Treasury Services Delegation of Authority form. Dated (ORGANIZATION'S/CLIENT'S LEGAL NAME) [Signature of Authorized Representative] [Print Name of Authorized Representative] [Print title(include the legal name of any member,managing member,manager or general partner who is signing and who is not an individual)] AD-AG-0455B(2010) iii TABLE OF CONTENTS INTRODUCTION...........................................................................................................................1 TREASURYSERVICES................................................................................................................2 ACCOUNT RECONCILEMENT.....................................................................................................2 AUTOMATED CLEARING HOUSE(ACH)..................................................................................2 AUTOMATED CLEARING HOUSE(ACH)BLOCKS AND AUTHORIZATIONS....................5 ACHPOSITIVE PAY......................................................................................................................5 CASHPAY®.....................................................................................................................................7 CHECK ISSUANCE AND DOCUMENT PRINTING....................................................................8 CHECKTRUNCATION..................................................................................................................9 CLIENT-PRINTED DRAFTS..........................................................................................................9 COIN AND CURRENCY ORDERS..............................................................................................10 COLLECTION LETTERS .............................................................................................................11 CORPORATE CARD.....................................................................................................................11 COMMERCIAL DEPOSITS..........................................................................................................15 COMMERCIAL PREPAID CARD................................................................................................20 CONTROLLED BALANCE ACCOUNTS....................................................................................21 CONTROLLED DISBURSEMENT..............................................................................................22 CUSTOMER-INITIATED PAYMENTS.......................................................................................23 DATA AGGREGATION AND USAGE SERVICE......................................................................23 ELECTRONIC BILL PAYMENT CONSOLIDATION................................................................26 ELECTRONIC DATA INTERCHANGE(EDI)............................................................................26 ELECTRONIC FOREIGN EXCHANGE.......................................................................................27 ELECTRONIC STOP PAYMENT.................................................................................................29 IMAGESERVICES........................................................................................................................29 INFORMATION REPORTING.....................................................................................................30 LOCKBOX.....................................................................................................................................31 NOTIFICATION SERVICE...........................................................................................................32 PAYMENT AND INVOICE PROCESSING SERVICES.............................................................32 POSITIVEPAY..............................................................................................................................34 RECLEAR......................................................................................................................................36 RE-PRESENTMENT CHECK(RCK)...........................................................................................36 AD-AG-0455B(2010) iv TAXPAYMENTS..........................................................................................................................37 WIRE TRANSFERS AND INTERNATIONAL ELECTRONIC FUNDS TRANSFERS.............39 ELECTRONIC TRADE SERVICES..........................................................................................43 COLLECTIONS.............................................................................................................................43 STANDBY AND COMMERCIAL LETTERS OF CREDIT-ISSUED..........................................44 OPENACCOUNT..........................................................................................................................46 STANDBY LETTERS OF CREDIT-ADVISED(CONFIRMED/UNCONFIRMED)..................47 COMMERCIAL LETTERS OF CREDIT-ADVISED(CONFIRMED/UNCONFIRMED) .........48 INFORMATION REPORTING AND IMAGE ACCESS..............................................................50 SUPPLYCHAIN............................................................................................................................50 SUPPLEMENTAL LIMITATION OF LIABILITIES AND INDEMNIFICATION FOR ALL ELECTRONIC TRADE SERVICES............................................................................51 GENERALPROVISIONS...........................................................................................................52 ACCESSING SERVICES VIA THE INTERNET.........................................................................52 CHANGESTO A SERVICE..........................................................................................................53 COMMUNICATIONS....................................................................................................................53 CONFIDENTIALITY.....................................................................................................................53 CURRENCY EXCHANGE RATES..............................................................................................55 E-STATEMENTS...........................................................................................................................55 FACSIMILE SIGNATURES..........................................................................................................55 GENERAL MATTERS..................................................................................................................56 GOVERNINGLAW.......................................................................................................................57 LIMITATION OF LIABILITIES...................................................................................................57 OVERDRAFTS..............................................................................................................................58 PAYMENT FOR SERVICES.........................................................................................................58 PROTECTION FROM THIRD PARTIES.....................................................................................59 REPRESENTATIONS AND WARRANTIES...............................................................................59 RESOLUTION OF DISPUTES......................................................................................................59 SOFTWARELICENSE..................................................................................................................60 SUSPENSION AND TERMINATION..........................................................................................63 GLOSSARYOF TERMS.............................................................................................................65 AD-AG-0455B(2010) v INTRODUCTION Thank you for choosing the Bank of America Corporation group of financial institutions for your worldwide treasury management business needs.We appreciate the opportunity to serve you.If you have any questions about our extensive array of treasury services(including the locations where each service is available)or about this Booklet,please contact your treasury services representative. Capitalized terms used in this Booklet are defined in the Glossary.The terms"we,""us"and"our"refer to each of the Bank of America Corporation subsidiary banks which provide you a particular Service under the terms of this Booklet.The terms"you"and"your"refer to each Client identified on the Authorization and Agreement for Treasury Services. This Booklet contains the terms and conditions under which we provide you worldwide treasury services.It is used in conjunction with the Account Agreement which covers account terms and conditions.Please read this Booklet carefully and keep it for your records. By signing and returning the Authorization and Agreement form in the front of this Booklet,you agree to the General Provisions section of this Booklet(which contains terms and conditions applicable to all Services),except that you agree to the Software License section of the General Provisions only to the extent we provide you Software in connection with one or more Services.You also agree to those portions of the Treasury Services and Electronic Trade Services sections of this Booklet which contain the specific terms and conditions that relate to the Services we provide to you.If you would like an additional Service,it will be covered by the terms and conditions of this Booklet once we have approved your use of the Service.You may begin using the Service when we have received all required and properly executed forms and you have successfully completed any testing or training requirements. To assist in our establishment or maintenance of overdraft limits or other processing arrangements,or to assist in our compliance with applicable laws,rules and regulations,you shall provide us with such financial and/or other information as we reasonably request. Whenever you use any of the Services covered by this Booklet,you agree to be bound by these terms and conditions,as amended from time to time,and to follow the procedures in the applicable Materials. AD-AG-0455B(2010) 1 TREASURY SERVICES We offer a wide variety of treasury services.Each Service has many features and options.Your treasury services representative will be happy to describe these to you and to recommend those that will best meet your needs. A List of Banks and Services is enclosed with this Booklet.This list includes the names of each Bank of America Corporation subsidiary bank offering Services under this Booklet and the names under which we currently offer those Services.Please contact your treasury services representative at any time if you wish to receive an updated list. ACCOUNT RECONCILEMENT Our Account Reconcilement Services will help you reconcile and manage the credit and debit activity in your accounts.Detailed information regarding the features offered for such Services is available in the applicable User Documentation. Your use of an Account Reconcilement Service does not affect any of your obligations,which are described in the applicable Account Agreement,to discover and report with respect to your accounts(including joint accounts where permitted):(i)unauthorized signatures,alterations or endorsements on checks and(ii)unauthorized Requests and other discrepancies.Your use of this Service or our receipt of information associated with this Service does not increase our duty with respect to accounts or the payment of checks. AUTOMATED CLEARING HOUSE (ACH) This section applies only to ACH Services within the United States of America and does not apply to cross-border ACH transactions and other International Electronic Funds Transfer Services which are covered by the Wire Transfers and International Electronic Funds Transfers section in this Booklet. Our ACH Services allow you to transfer funds to or from your accounts by initiating Entries which may be sent through the ACH system or processed directly to accounts with us. We may send Entries to any ACH processor selected by us or directly to another bank.Each ACH Service is described in the applicable User Documentation.You authorize us to issue Depository Transfer Checks(DTCs),as instructed by you or as reasonably determined by us to be appropriate.The capitalized ACH terms appearing in italics below are defined in the NACHA Rules. COMPLIANCE WITH NACHA RULES; LAWS;AND ADDITIONAL REQUIREMENTS You agree to comply with the NACHA Rules for all Entries,whether or not an Entry is sent through the ACH network.You act as Originator and we act as Originating Depository Financial Institution(ODFI)with respect to Entries.You will deliver Entries to us as provided in the User Documentation and the NACHA Rules.The NACHA Rules govern if they conflict with this Booklet,except that the file specification requirements in the User Documentation govern if they conflict with the NACHA Rules.For Entries that may be processed directly to accounts with us,debits and returns may be reported on next day information reporting.The User Documentation will govern if such timing conflicts with the NACHA Rules. You agree to comply with applicable laws and regulations.You may not use this Service for any illegal transaction or activity,including under the regulations and laws of the receiver of your transaction.Your compliance includes adherence to applicable laws and regulations,including United States economic sanctions laws and regulations, regulations issued by the Office of Foreign Assets Control of the U.S.Department of the Treasury and Executive Orders issued by the President of the United States. AD-AG-0455B(2010) 2 If you are acting as a third party processor,we may request that you furnish us with additional information. Such information may include,without limitation,data:(i)regarding your financial condition;(ii)verifying your customers and the nature of their businesses;and(iii)sufficient for us to determine whether you are working with additional ODFIs. Where a preauthorized debit Entry from a consumer's account varies in amount from the previous debit Entry,you will comply with the notice requirements set forth in the NACHA Rules,the Electronic Funds Transfer Act and Regulation E of the Board of Governors of the Federal Reserve System,as applicable. AUTHORIZED PERSONS Before using an ACH Service,you give us a written list,in a form acceptable to us,of the persons authorized by you to verify the authenticity of Entries and Reversal/Deletion Requests in accordance with the Security Procedure and to perform certain other duties in connection with such Service. SECURITY PROCEDURE You agree to use the Security Procedure,if any,when you deliver Entries or Reversal/Deletion Requests to us.The purpose of the Security Procedure is to verify the authenticity of Entries and Reversal/Deletion Requests delivered to us in your name and not to detect any errors in the transmission or content of Entries.Each time you use an ACH Service,you represent and warrant that,in view of your requirements,the Security Procedure is a satisfactory method of verifying the authenticity of Entries and Reversal/Deletion Requests.You agree that we may act on any Entries or Reversal/Deletion Requests after we have verified its authenticity through use of the Security Procedure. WARRANTIES Each time you use an ACH Service,(i)you warrant that you have obtained appropriate authorization from each Receiver and that Entries conform to such authorization and comply with the NACHA Rules,and(ii)you make the same warranties to us as we make under Section 2.2(or any successor section)of the NACHA Rules. PAYMENT WITH RESPECT TO ENTRIES We generally debit your account on the settlement date for credit Entries(including debit Reversals),unless you are prefunding your Entries.Prefunding means that you are required to pay for all credit Entries before the settlement date as we may specify,using a Standalone Account.If your account is not a Standalone Account,we may at any time convert it to a Standalone Account for prefunding.We may,at our discretion,without prior notice to you, require prefunding before we process your credit Entries.We are not obligated to process any credit Entries,even if we have done so in the past,without having first been paid by you,but,if we do,the amount is immediately due and payable without notice or demand. You will pay us for the amount of any returned debit Entries(including rejected debit Entries),any adjustment Entries or any returned DTCs,which we have previously credited to your account.Such amounts shall be immediately due and payable.You agree that we do not need to send a separate notice of debit Entries or DTCs which have been returned unpaid.You may request reports containing information regarding returned debit Entries and DTCs. ACTING ON ENTRIES We send Entries to the ACH processor for settlement on the Effective Entry Date shown on the Entries,if we receive the Entries by the applicable processing deadlines specified in the User Documentation for the ACH Service being used.We may treat Entries that we receive for processing after a deadline as if received on the next Business Day.Entries will be deemed received by us when we receive the complete file at the location specified in the User Documentation. AD-AG-0455B(2010) 3 REJECTION OF ENTRIES We may reject any Entry that does not comply with the requirements of this Booklet or the applicable User Documentation,including any ACH processing limits described in the User Documentation,or that we are unable to verify through use of the Security Procedure.We may also reject any Entry that may be returned for any reason under the NACHA Rules or if you have breached your payment obligations for any ACH Service we provide to you. We may also,with immediate notice to you,no longer accept or process your debit Entries. Notice of rejection will be given to you by telephone,by electronic means,by facsimile or by mail within the time period specified in the User Documentation and will be effective when given.We are not liable for the rejection of any Entry and are not obligated to pay you interest for the period before you receive the notice of rejection.If an Entry is rejected for any reason,it is your responsibility to correct the Entry you intend to resubmit. REVERSAL OR DELETION We have no obligation to cancel or amend any Entry after we have received it.If you send us a Reversal/Deletion Request and we are able to verify the authenticity of the Reversal/Deletion Request using the Security Procedure,we will make a reasonable effort to act on your Reversal/Deletion Request.We will not be liable to you if such Reversal/Deletion Request is not effected(for example,but not limited to,if it is returned for non-sufficient funds). You agree to indemnify us in connection with any such Reversal/Deletion Request as provided in UCC 4A.Your obligations under this provision will survive the termination of any ACH Service. PROVISIONAL PAYMENTS You agree to be bound by the provision of the NACHA Rules providing that payment of a credit Entry by the Receiving Depository Financial Institution (RDFI)to the Receiver is provisional until the RDFI receives final settlement for the Entry.If final settlement is not received,the RDFI is entitled to a refund from the Receiver of the amount credited.This means that the Receiver will not have been paid. Our payment of any debit Entry,returned credit Entry or credit Reversal is provisional until we receive final settlement for the Entry or Reversal.If final settlement is not received,we are entitled to a refund and we may charge your account for the amount previously credited.We may delay the availability of any amount credited for a debit Entry or credit Reversal if we believe that there may not be sufficient funds in your account to cover any chargeback or return of the Entry or Reversal. INCONSISTENCY OF NAME AND NUMBER An RDFI can make payment to a Receiver based solely on the account number,even if the name in the Entry differs from the name on the account.We will send an Entry to an RDFI based solely on the bank identifying number you provide,even if you provide us with a different RDFI name. NOTICE OF ACCOUNT STATEMENT DISCREPANCIES Information concerning Entries will be reflected in your account statements and,in some cases,in the form of written or electronic advices or reports that are produced by one of our Information Reporting Services.You must send us written notice,with a statement of relevant facts,within 14 days after you receive the first notice or a statement indicating a discrepancy between our records and yours.If you fail to give the required notice,we will not be liable for any loss of interest or for compensation for any other loss or cost relating to an unauthorized or erroneous debit to your account or any other discrepancy reflected in the notice or account statement.You must notify us promptly by telephone or other electronic means approved by us for such purpose,and confirm such notice in writing,of information concerning an unauthorized or erroneous debit to your account if you learn about or discover it from any source other than a statement,advice or report from us. AD-AG-0455B(2010) 4 AUTOMATED CLEARING HOUSE (ACH)BLOCKS AND AUTHORIZATIONS This section applies only to ACH Blocks and Authorizations Services for Entries received in the United States of America. With the ACH Blocks and Authorizations Services,you provide us with the authorization criteria for Entries you desire to receive for debit or credit to your account.We will automatically return any Entry which does not meet your authorization criteria. We may also return an Entry that would be returned for any reason under the NACHA Rules.The ACH Blocks and Authorizations Services do not apply to transactions between you and us,and we may pay Entries which you have authorized us to originate against your account(e.g.,loan or credit card payments),whether or not you have included these in your authorization criteria.We may also pay any Entries,Reversals or adjustments which we are required to accept under the NACHA Rules,operating circulars or any other applicable rule,guideline or regulation. You are responsible for providing authorization criteria in a manner and form acceptable to us.In your authorization criteria you may specify a maximum amount for authorized Entries,in which case you must specify the amount in dollars and cents. You agree to comply with the NACHA Rules for all Entries.Under the NACHA Rules,credit Entries are provisional and may be revoked prior to final settlement.If the credit Entry is revoked before final settlement and final settlement is not received,we may charge your account for any amount previously credited to your account.In this instance,the person who originated the credit Entry is considered not to have paid you and we do not send a separate notice regarding such failed payment. If an ACH Blocks and Authorizations Service is terminated for any reason,we will no longer be obligated to monitor Entries against your authorization criteria and will receive and accept or return Entries to your account in accordance with our normal procedures.You still have the right to return Entries in accordance with the NACHA Rules. If you also subscribe to our ACH Positive Pay Services as described in this Booklet,you will still need to make your pay or return decisions under your ACH Positive Pay Services. Such decisions will supersede the terms contained in your ACH Blocks and Authorizations Services. ACH POSITIVE PAY Our ACH Positive Pay Services allow you to identify exception items,and to instruct us whether to pay or return those items.An exception item is an ACH Entry not previously authorized by you. On each Business Day,we notify you of ACH debit and credit Entries presented to us for settlement on that Business Day and which we have identified as exceptions based on authorization information you have provided to us(as more fully described in the applicable User Documentation).Exceptions are determined by comparing ACH Entries presented to us(including by other depository institutions,ACH operators or by us)with the authorization instructions you have provided.Alternatively,you may choose not to authorize any ACH Entries,in which case we will treat all such ACH Entries as exception items. On the same day we report exception items to you,you must notify us,by the deadline specified in the applicable User Documentation,which ACH Entries you want us to pay/accept or which to return.If you fail to notify us by the deadline,we will handle the exception items in accordance with the prescribed default procedure as outlined in the User Documentation.Where required,you will indicate which ACH Entries you want us to return,having been deemed by you to be unauthorized.Our deadlines,return procedures and procedures for authorizing ACH Entries are described in the applicable User Documentation.In order to assist you in making your decision whether we AD-AG-0455B(2010) 5 should pay or return exception items,you may wish to contact your trading partner or ACH customer support for further information.This will not however extend your deadlines to pay or return. Before using the ACH Positive Pay Services,you must entitle,in a form or manner acceptable to us,the persons authorized by you to perform certain duties in connection with such ACH Positive Pay Services. You must access the daily reports of exception items via one of our Websites.Using such Website,you must then notify us which exception items to pay/accept or which to return.If you fail to notify us by the deadline,we will handle the exception items in accordance with the prescribed default procedure as outlined in the User Documentation. Where available,we provide you a report of exception items.You must then notify us which items to pay/accept or which to return.If you fail to notify us by the deadline,we will handle the exception items in accordance with the prescribed default procedure as outlined in the User Documentation. Where available you may request to receive certain types of notifications of your exception items.These notifications are further described in the applicable User Documentation. By using the ACH Positive Pay Services,you authorize us to return ACH Entries or to pay/accept ACH Entries in accordance with your authorization instructions and the return procedure in the applicable User Documentation.We will have no liability for payment of an ACH Entry which is unauthorized if(i)the ACH Entry is included in a report of exception items;and(ii)you do not give us timely instructions to return the ACH Entry. You acknowledge that our ACH Positive Pay Services do not preclude our standard ACH processing procedures, which may cause an ACH Entry to be dishonored even if your instructions do not otherwise require us to return such ACH Entry. You acknowledge that if we receive an ACH Entry after the deadline,which is identified as an exception item,the exception item will be handled as more fully described in the applicable User Documentation. You acknowledge that our ACH Positive Pay Services are intended to be used to identify and return ACH Entries which you suspect in good faith are unauthorized.They are not intended to be used as a substitute for authorization instructions or to delay your pay/accept return decisions on exception items,including and not limited to stop payment orders on ACH Entries which are not suspected in good faith to be unauthorized.If we suspect or deem,in our sole discretion,that you are using the ACH Positive Pay Services contrary to those intentions,we may require you to provide evidence that ACH Entries we return pursuant to your instructions were in fact unauthorized.In addition,we may hold you liable for losses we sustain on ACH Entries which we are requested to return under such ACH Positive Pay Services and which you do not reasonably establish as unauthorized ACH Entries. ACH Positive Pay Services do not apply to transactions between you and us.We may pay Entries which you have authorized us to originate against your account(e.g.,loan or credit card payments),whether or not you have included these in your authorization criteria.We may also pay any Entries,Reversals or adjustments which we are required to accept under the NACHA Rules,operating circulars or any other applicable rule,guideline or regulation. If you also subscribe to our ACH Block and Authorization Services,you will still need to make your pay or return decisions under your ACH Positive Pay Services. Such decisions will supersede the terms contained in your ACH Block and Authorization Services. AD-AG-0455B(2010) 6 CASHPAY® Our CashPay®Service allows you to pay your employees and other payees by directly depositing payments to their CashPay accounts.Your payees can immediately access their money through ATMs,point-of-sale(POS)terminals and over-the-counter cash access transactions at offices of financial institutions that accept Visa®cards. CASHPAY FUNDING OPTIONS You may fund the CashPay accounts in one of two ways:by initiating Entries through the Automated Clearing House(ACH)system or,upon our approval,by instructing us to transfer funds from a deposit account you maintain with us.(ACH Services are governed by the ACH section of this Booklet.) If you choose to pay by the transfer of funds from your account with us,we will debit your account following receipt of your payment instructions in a mutually agreed-upon format and method.You must have sufficient Collected and Available Funds in your account to cover the transfer amount.In the event that sufficient funds are not available at the time of settlement,you agree that we may take steps to protect ourselves,including refusing to fund CashPay accounts and terminating the CashPay Service(which will not affect funds previously transferred to CashPay accounts),without incurring any liability to you or your payees. CERTIFICATION OF ENROLLMENT INFORMATION You must provide us information for each payee who wishes to open a CashPay account.Each time you provide us with such information or initiate a transfer of funds to a CashPay account,you certify that the following statements are true and accurate as of such date: • The payee is entitled to receive payments issued by you,and is otherwise qualified to participate in the CashPay program. • All information provided by you about the payee is correct,including but not limited to the payee's name,date of birth,physical address,social security number or other identifying information contained in another form of identification issued by a governmental entity,employment/occupation,method of verification,country of citizenship,country of residence and source of income. • If the payee is to receive wage payments through a CashPay account,the payee is legally employable in the United States of America. • You have provided the payee the explanatory CashPay Service information that we have provided to you for that purpose,including the USA PATRIOT Act disclosure,and the payee has authorized the transfer of wages to the CashPay account. • The payee has not cancelled the authorization to transfer the wages to the CashPay account. You agree to notify us promptly of any changes to the payee enrollment information you have provided to us for this Service or if any employee who has a CashPay Account is no longer employed by you.Upon our request,you will promptly provide us any additional information for each payee to allow us,among other things,to verify enrollment information. ADDITIONAL LIMITATION OF LIABILITY As a general rule,ATMs cannot dispense cash in increments other than$5,$10 or$20.This means that your payees may not be able to withdraw at an ATM all funds paid by you to the payees' CashPay accounts.We will wire the difference to any payee who requests such payment;however,we will not be responsible if your payees or others assert a claim against us due to this inability to withdraw all funds at an ATM. PROMOTIONAL MATERIALS We will provide you with explanatory documentation for you to give your payees.We will provide to each payee the CashPay agreement,which discloses the terms and conditions of each payee's CashPay account.Such payees are AD-AG-0455B(2010) 7 not entitled to any rights or benefits we give to our other deposit account holders or debit card holders unless such rights or benefits are contained in the CashPay agreement. You must obtain our prior written consent if you elect to promote the CashPay Service using materials(in any format)other than the documentation we provide to you for that purpose. CHECK ISSUANCE AND DOCUMENT PRINTING With our Check Issuance and Document Printing Services,you may request us to(1)create checks on your behalf that are drawn on either(i)accounts owned and maintained by you with us or another bank or(ii)accounts designated and owned by us,and/or(2)print and mail on your behalf statements,invoices and other documents. AUTHORIZED PERSONS Before using a Check Issuance and Document Printing Service,you give us a written list,in a form acceptable to us, of the persons authorized by you to perform certain duties in connection with such Service.If you use a third party to perform certain duties,you will provide such authorization in a form acceptable to us. SECURITY PROCEDURE You agree to use the Security Procedure when you deliver Check Issuance Requests or Document Printing Requests or electronically transmit Stop Payment Requests to us or our third party processor.The purpose of the Security Procedure is to verify the authenticity of Check Issuance Requests,Document Printing Requests and Stop Payment Requests delivered to us or our third party processor in your name and not to detect any errors in the transmission or content of these messages.Each time you use a Check Issuance and Document Printing Service,you represent and warrant that,in view of your requirements,the Security Procedure is a satisfactory method of verifying the authenticity of Check Issuance Requests,Document Printing Requests and such Stop Payment Requests.You agree we or our third party processor may act on any Check Issuance Request and Document Printing Request and any electronically transmitted Stop Payment Request the authenticity of which we or our third party processor,as applicable,have verified through use of the Security Procedure. STOP PAYMENT REQUESTS You must submit Stop Payment Requests in accordance with the applicable User Documentation or Account Agreement,as appropriate.Generally,you may send us or our third party processor a Stop Payment Request with respect to a check drawn on an account designated and owned by us only if the check is lost,stolen or destroyed.In such case,you must complete and provide us with a declaration of loss and indemnity agreement reasonably acceptable to us.If you wish to stop payment on a check drawn on an account you maintain with us,you must make your request as provided in the applicable Account Agreement. YOUR RESPONSIBILITIES You must create and transmit to us or our third party processor a Check Issuance Request for each check you want us to issue on your behalf and a Document Printing Request for each document you want us to print and mail on your behalf.You must make certain that each Check Issuance Request and Document Printing Request conforms in form and substance to the requirements,including cutoff times on a Business Day,described in the applicable User Documentation. If you have not received an acknowledgment message from us or our third party processor within the time period specified in the applicable User Documentation,then you must contact customer support for instructions before resubmitting any Check Issuance Request,Document Printing Request or other message initially transmitted to us or our third party processor through a Service. In the case of checks drawn on accounts designated and owned by us,you must ensure that Collected and Available Funds,sufficient to cover the total of all checks issued,are on deposit in your accounts.We will debit your account AD-AG-0455B(2010) 8 to cover such checks when we receive your Check Issuance Request.In the case of checks drawn on accounts designated and owned by you,you will be governed by the applicable Account Agreement.In the case of checks drawn on accounts designated and owned by you and maintained at another financial institution,the processing of those checks may be governed by additional terms between you and that financial institution. CHECK TRUNCATION With our Check Truncation Service,we store copies of your canceled checks on image archive,microfilm or other media and destroy the checks.You do not receive your canceled checks.We will provide a copy of any check that you request for up to seven years from the date the check was paid against your account.To request a copy,you must provide us with sufficient information for us to identify the item,including the Magnetic Ink Character Recognition(MICR)serial number,account number,exact amount(dollars and cents)of the check,statement reference number,if any,and posting date.We may also ask you for additional identifying information. Special services such as microfilm or review of dates,dollar amounts,serial numbers or signatures may not be available in connection with the Service. Notwithstanding the Limitation of Liabilities section of this Booklet,if we are unable to provide a copy of a check as requested by you under a Service,our liability will be limited to your actual damages but will not,in any event, exceed the amount of the check. CLIENT-PRINTED DRAFTS With our Client-Printed Drafts Services,you use your computer(using Software we provide or by accessing a Website)to print drafts(which may include drafts denominated in a currency other than the currency in which the relevant account is denominated)drawn on either(i)accounts maintained by you with us or another bank or(ii) accounts designated and owned by us. AUTHORIZED PERSONS Before using a Client-Printed Drafts Service,you give us a written list,in a form acceptable to us,of the persons authorized by you to perform certain duties in connection with such Service. SECURITY PROCEDURE You agree to use the Security Procedure when you deliver Payment Advices or electronically transmit Stop Payment Requests to us.The purpose of the Security Procedure is to verify the authenticity of Payment Advices and Stop Payment Requests delivered to us in your name and not to detect any errors in the transmission or content of these messages.Each time you use a Client-Printed Drafts Service,you represent and warrant that,in view of your requirements,the Security Procedure is a satisfactory method of verifying the authenticity of Payment Advices and such Stop Payment Requests.You agree that we may act on any Payment Advice or electronically transmitted Stop Payment Request the authenticity of which we have verified through use of the Security Procedure. STOP PAYMENT REQUESTS Generally,you may send us a Stop Payment Request with respect to a draft drawn on an account designated and owned by us only if the draft is lost,stolen or destroyed.In such case,you must complete and provide us with a declaration of loss and indemnity agreement reasonably acceptable to us.If you wish to stop payment on a draft drawn on an account you maintain with us,you must make your request as provided in your Account Agreement. YOUR RESPONSIBILITIES You must verify the contents of each shipment of blank draft stock and sign and return to us the receipt accompanying each shipment or notify us of any discrepancy.You must notify us immediately if any draft stock is lost or stolen.You will be liable for any damages arising out of the loss or theft of any draft stock received by you. AD-AG-0455B(2010) 9 You must create and transmit to us a Payment Advice for each draft you issue using a Service.You must make certain that each draft,Payment Advice and electronically transmitted Stop Payment Request conforms in form and substance to the requirements,including cutoff times on a Business Day,described in the applicable User Documentation. You must retransmit any Payment Advice,electronically transmitted Stop Payment Request or other message initially transmitted to us through a Service if you have not received an acknowledgment message from us within the time period specified in the applicable User Documentation. OUR RESPONSIBILITIES When we receive the Payment Advice,we will transfer funds from your account with us to the bank account on which the draft is drawn. We will provide you with blank draft stock and with the necessary Software and/or access to a Website. PAYMENT WITH RESPECT TO DRAFTS You agree you will not issue any drafts using a Service which would cause your applicable account balance, according to your records,to be exceeded.If your records and ours disagree regarding the account balance,our records will control for purposes of these Services.You must ensure that Collected and Available Funds,sufficient to cover the total of all drafts issued,are on deposit in your account each Business Day before the time stated in the applicable User Documentation. COIN AND CURRENCY ORDERS Our Coin and Currency Order Services allow you to place orders for coin and currency(as used in this section, "change orders")with our cash vaults or the vaults of various armored carriers at which we maintain a cash inventory. Some of these armored carrier vaults have been designated by us as our extended vaults. Before using a Coin and Currency Order Service,you will provide us with the names and locations of the person(s) authorized by you to receive the access IDs and PINs required to use the Service.We will provide such persons with access IDs and PINs so that change orders can be placed via a voice response system or electronically via a transmission,in accordance with the applicable User Documentation. In order to use the Coin and Currency Order Service,you must contract separately with an armored carrier service that is acceptable to us to provide for the transportation of the coin and currency,which you have ordered,from one of our cash vaults,one of our armored carrier vaults and/or another location designated by us.Such armored carriers are your agents.Your armored carriers must continue to meet our requirements.In the event that they do not,we may not allow them to pick up your orders until they meet our requirements. You authorize us to act upon any request for coin or currency made in accordance with this Booklet and the procedures described in the applicable User Documentation.In connection with any coin and currency you order from our cash vaults or our armored carrier vaults,you authorize us to debit your account(i)on the day that such coin and currency are available for release from such vault to your armored carrier,or(ii)on the day that we deliver such coin and currency to another location for pickup by your armored carrier,as applicable.Each time you use a Coin and Currency Order Service,you represent and warrant that you have sufficient Collected and Available Funds in your account for each change order requested by you.We have no obligation to release any coin and currency ordered by you unless there are sufficient Collected and Available Funds in the designated account or sufficient funds under a line of credit to pay for such order at the time scheduled for release of the coin and currency to the armored carrier. AD-AG-0455B(2010) 10 COLLECTION LETTERS Our Collection Letter Services allow you to forward us drafts,checks and travelers checks(as used in this section, "items")drawn on banks outside of the United States and(i)denominated in U.S.dollars or(ii)drawn in specified foreign currencies(as described in the applicable fee schedules or User Documentation)for collection. You must prepare and forward a transmittal letter,in a form acceptable to us,along with those items you want us to process for collection in accordance with the applicable User Documentation.You agree that you will only request collection on items which are drawn on banks outside of the United States (i)in U.S.dollars or(ii)in specified foreign currencies(as described in the applicable fee schedules or User Documentation)for collection. We will send each item you forward to us for collection to the bank on which such item was drawn or to an appropriate correspondent bank.We will generally credit your account for each item on the first Business Day following the day on which we receive payment for each such item at our then-prevailing buy rate for the applicable currency.We will deduct all service fees and charges,plus any correspondent bank fees and charges,from the amount of any payment credited to your account for such items. Special handling or services other than collection of the items will be charged in accordance with our special handling fees(as described in the applicable fee schedules or User Documentation). We will send you a written advice showing the applicable buying rate and fees and charges for each item we process as a collection item through use of a Collection Letter Service. Any credit given for the items received for collection is provisional only,and is subject to our actual receipt of cash proceeds.We may charge back any items at any time,whether the item is returned or not.You bear all risk of return, including without limitation the risk of late returns and fraudulent items.If we take an item payable in foreign currency for collection,you will bear all exchange rate risk. Clearance of foreign items is subject to the regulations of the foreign country,and such regulations are different from U.S.Federal Reserve regulations.We will contact you when information is received.If you request and we agree,we will determine the status of any collection item and you agree to pay phone or wire charges incurred for such a request. We will use our discretion regarding the method of transmitting items for collection.Notwithstanding the Limitation of Liabilities section in this Booklet,the measure of damages for such failure shall be limited to the reasonable expenses of obtaining duplicate items should the originals be misdirected,lost or destroyed,or such other damages as are expressly provided for under applicable law. CORPORATE CARD Our Corporate Card Services allow you to open Card Accounts for your business purposes,as described below.You may select from one or more of the following card programs: purchasing,travel and entertainment,accounts payable or fleet.If you have selected and we have approved you for a joint and several liability travel and entertainment card program,the joint and several liability travel and entertainment card program amendment to this Booklet, incorporated herein by reference,sets forth additional terms relating to the program. Detailed information regarding such Services is available in the applicable User Documentation. OUR OBLIGATIONS We will open Card Accounts upon your request which Cardholders or you may use to conduct Transactions for your business.We will assume that all Transactions made on a Card Account are authorized by you until we receive and have had a reasonable period of time to act upon written notice from you that the Cardholder is no longer authorized to use the Card,Convenience Checks or the Card Account. AD-AG-0455B(2010) 11 Upon your request,we may also provide Convenience Checks with respect to your Card Accounts.At your request, we may also establish a Card Account for which we assign only a Card Account number,but we do not issue a Card. If you so request,we will provide to the Cardholder,at the address you or the Cardholder specifies,a monthly billing statement reflecting the Cardholder's use of the relevant Card Account.We may deny authorization of any Transaction if we suspect fraudulent activity or Unauthorized Use or for any other reason.Notwithstanding anything to the contrary in the Limitations of Liability section of this Booklet,we will not be liable for any failure to authorize a Transaction. YOUR OBLIGATIONS You will use each Card Account solely for your business purposes. You will pay for each Transaction,regardless of its purpose or whether you signed a sales draft or received a receipt, in addition to our fees and charges. You represent and warrant to us that each Cardholder is a current employee or agent of your company.You will promptly furnish such financial and other information as we request for the purpose of reviewing your ability to perform your obligations to us.You represent and warrant to us that all such information about your employees, agents or your company is accurate,sufficiently complete to give us accurate knowledge of your financial condition and in compliance with all applicable rules,regulations and laws. You and each Cardholder will check to ensure that the information embossed on each new Card or printed on each Convenience Check is correct,and you will contact us immediately if there is an error. CHARGE LIMITS For each card program,we will give you one total charge limit for all your Card Accounts.We will also assign an individual charge limit for each Card Account.Upon your request and if approved by us,we may increase the total charge limit or any individual limit.We may decrease the total charge limit or any individual limit at our discretion. You agree not to incur obligations which would cause the total charge limit for all your Card Accounts to be exceeded.If you do exceed this limit,or if any Cardholder's individual charge limit is exceeded,we may deem the entire balance owing to be immediately due and payable.Additionally,we may refuse any Transactions on all Card Accounts or the individual Card Account until a payment is made to reduce the balance below the total charge limit or the individual charge limit. TRANSACTIONS IN OTHER CURRENCIES If you make a Transaction in a currency other than U.S.dollars,Visa®or MasterCard®will convert the charge or credit into a U.S.dollar amount.The conversion rate on the processing date may differ from the rate on the date of your Transaction.The exchange rate used by Visa®will either be(i)a rate selected by Visa®from a range of rates available in wholesale currency markets for the applicable central processing date,which rate may differ from the rate Visa®receives,or(ii)the government-mandated rate in effect for the central processing date.MasterCard®will use an exchange rate of either(i)a wholesale market rate or(ii)a government-mandated rate.We may add an International Transaction Fee.The International Transaction Fee is set forth in the schedule of charges currently in effect for you.The International Transaction Fee will be shown in the Activity section on your billing statement and aggregated in the Other Fees category in the Summary section of your statement. DISPUTES WITH MERCHANTS AND SUPPLIERS We will have no liability for goods or services purchased with,or for a merchant's or supplier's failure to honor purchases made with,a Card Account,Convenience Check or Card.You agree to make a good faith effort to resolve any dispute with a merchant or a supplier arising from a Transaction.In a dispute with a merchant or supplier,we will be subrogated to your rights and each Cardholder's rights against the merchant or supplier and you will assign (and cause the Cardholder to assign)to us the right to assert a billing error against the merchant or supplier.You AD-AG-0455B(2010) 12 will,and will cause the Cardholder to,do whatever is necessary to enable us to exercise those rights.We may reverse from any Card Account any Transactions relating to the dispute. A merchant or supplier may seek prior authorization from us before completing a Transaction.If you advise us in writing that you desire to restrict Transactions to merchants falling within certain categories we designate in our User Documentation,we will take reasonable steps to prevent authorization of Transactions from other types of merchants.We,however,will not be liable to you if merchants or suppliers nonetheless accept a Card,Convenience Check or Card Account for other types of Transactions,or if authorization for a Transaction is not given. CONVENIENCE CHECKS If we provide Convenience Checks with regard to a Card Account,they may not be used to make payment on the Card Account.We may pay a Convenience Check and post its amount to the Card Account regardless of any restriction on payment,including a Convenience Check that is post-dated,that states it is void after a certain date or that states a maximum or minimum amount for which it may be written.Once paid,Convenience Checks will not be returned to you or the Cardholder. If you wish to stop payment on a Convenience Check,you must call us at the customer service number shown on your billing statement and provide such information as we request or is required under the relevant User Documentation.We will stop payment if we receive your request on or before the Business Day before the Business Day on which we would otherwise pay the Convenience Check.The date on which we would pay a Convenience Check may be prior to the date it would post to your Card Account.A stop payment order will remain in effect for up to six months. CARDLESS ACCOUNTS;ACCOUNTS NOT IN NAME OF INDIVIDUAL We may,at your request,establish a Card Account for which no Card is issued or establish a Card Account with a designation which is not an actual individual,including,without limitation,designation of a vehicle identification number,license number,department name or"Authorized Representative"on the Card Account.Notwithstanding any other term in this Booklet,you agree to be solely responsible for the use of any such Card Account,including, without limitation,any Unauthorized Use. PAYMENT OF CARD ACCOUNTS; SECURITY INTEREST We will provide to the Card Administrator,or other person you designate in writing to us,a billing statement which will identify each Transaction posted during the billing cycle and the date of the Transaction.The billing statement will also list any applicable fees and charges for the Services.If you have requested a Card Account for travel and entertainment Transactions,we will provide an additional copy of the billing statement covering such use of the relevant Card to the appropriate Cardholder at the address which you or the Cardholder provides to us. You will pay to us the total amount shown as due on each billing statement on or before the due date shown on the statement.If you do not make a payment in full by the specified due date,in addition to our other rights,we may assess a late fee and finance charge as set forth in our schedule of fees and charges.You have no right to defer any payment due on any Card Account. Unless otherwise agreed by us,payments must be made using an ACH Service.As specified by you,we may initiate ACH debits to any deposit account at any financial institution.If you arrange for direct payment by Cardholders, such an arrangement will not change your responsibilities under this Booklet,including your obligation for payment. You grant to us a security interest and contractual right of setoff in and to all deposits now or subsequently maintained with us or any of our affiliates or Subsidiaries.In connection with that grant,you authorize us to enter into a master control agreement with our affiliates authorizing,upon the occurrence and continuance of any default, the disposition of any such deposits to satisfy all liabilities incurred in connection with these Services,without your further consent.The grant of this security interest shall survive termination of these Services. AD-AG-0455B(2010) 13 LOST OR STOLEN CARDS;UNAUTHORIZED USE In the event of a possible loss or theft of a Card,Convenience Check or Card Account or possible Unauthorized Use, you will give us notice by telephone or telefax to the numbers set forth in the User Documentation.You agree to give us this notice as soon as practicable but in any event no later than the Business Day after discovery of the known or suspected loss or theft or Unauthorized Use.If notice as provided in this paragraph is given and you assist us in investigating facts and circumstances relating to the loss,theft or possible Unauthorized Use,including without limitation obtaining an affidavit or similar written,signed statement from the Cardholder,then you will not be liable for Transactions resulting from Unauthorized Use.If we have issued fewer than ten Card Accounts to you,your liability for Transactions by a person who does not have actual,implied or apparent authority to use the Card or Convenience Check and whose use does not result in a direct or indirect benefit to you will not exceed$50 on each Card. LICENSE TO USE YOUR MARKS Upon your request,we may place Company's Marks on the Cards and collateral materials.You will provide the graphics to us in sufficient time to allow for review and approval by us and,if necessary,the respective card association.You grant to us a non-exclusive license to use,during the term of the Services,Company's Marks on the Cards and on other materials related to the Card Accounts.Your indemnity under the Protection from Third Parties section of this Booklet covers any claim that the use of any Company Marks infringes the intellectual property right of any third party. EXTENSION OF CORPORATE CARD SERVICES TO AFFILIATES Upon your request and submission of a participant Account form,we may approve one or more affiliates of which you are majority owner for participation in the Corporate Card Services.Each participating affiliate will have the same rights and obligations as you except that no separate charge limit will be assigned.Your charge limit will apply to Transactions on all Card Accounts,including those of your participating affiliates. You may terminate an affiliate's participation by giving us written notice and a reasonable time to act on such notice.If an approved participant is no longer,or will no longer be,majority-owned by you,you agree to notify us immediately,and we may immediately terminate the Card Accounts of such participant. SUPPLEMENTAL GOVERNING LAW AND RESOLUTION OF DISPUTES PROVISIONS Notwithstanding anything to the contrary in the Governing Law provision in the General Provisions section of this Booklet,the Corporate Card Services are governed by the laws respecting national banking associations and,to the extent not covered by those laws,by the laws of the State of Delaware,without reference to that state's principles of conflicts of law,regardless of where you reside or where a Cardholder uses a Card Account. Notwithstanding anything to the contrary in the Resolution of Disputes provision in the General Provisions section of this Booklet,you agree to submit to the personal jurisdiction of any state or federal court in Delaware and to binding arbitration in Delaware with respect to disputes regarding the Corporate Card Services. ADDITIONAL TERMINATION PROVISIONS We may immediately terminate these Services if there occurs(i)a termination event set forth in the Suspension and Termination section of this Booklet with respect to you,a participating affiliate or a guarantor of obligations under any Card Account,(ii)a change in your ownership,if you are a privately-held entity,in excess of 50%or(iii)any of the following with respect to you,a participating affiliate or a guarantor of obligations under any Card Account: • The failure to pay or perform any obligation,liability or indebtedness to us or any of our affiliates or subsidiaries,whether under this Booklet or any other agreement,as and when due(whether upon demand,at maturity or by acceleration) • The failure to pay or perform any other obligation, liability or indebtedness to any other party AD-AG-0455B(2010) 14 • Death(if an individual)or resignation or withdrawal of any partner or material owner(of a privately-held entity) • Merger or consolidation with or into another entity • The determination by us that any representation or warranty made to any of our affiliates or subsidiaries in any agreement is or was,when it was made,untrue or materially misleading • The failure to timely deliver such financial statements,including tax returns,other statements of condition or other information,as we shall request from time to time • The entry of a judgment which we deem to be of a material nature • The seizure or forfeiture of,or the issuance of any writ of possession,garnishment or attachment,or any turnover order for any property • The determination by us that we are insecure for any reason • The determination by us that any such person fails to meet credit criteria initially used by us to approve the Corporate Card Services • The failure to comply with any law or regulation controlling its operation Upon any termination of the Corporate Card Services,(i)the entire balance outstanding on all Card Accounts shall, at our option,become immediately due and payable and(ii)you will immediately destroy,and will instruct all Cardholders to immediately destroy,all Cards and Convenience Checks.Your responsibility to pay for all Transactions regarding each Card Account will continue until a reasonable period of time after you notify us to close the Card Account or until you pay for all Transactions entered into before we close the Card Account to future use, whichever occurs later.After termination,you and all Cardholders will make no new Transactions on any Card Account.If,however,such Transactions are made,you will be liable for each of them. COMMERCIAL DEPOSITS With our Commercial Deposit Services,(i)you may make deposits of coin and currency,checks and other payment instruments at one of our designated banking centers with pre-approval,depository facilities(which may include a night depository facility),processing centers,ATMs or cash vaults; (ii)you or,if applicable,a third party acting as your agent,may make deposits of checks using our Image Cash Letter Service or our Remote Deposit Service; and/or(iii)you may obtain credit for Safe Deposits through the Safe Connect Service further described herein.If these deposits are delivered by you or your agent before the cutoff time specified at the deposit location or in the applicable User Documentation,we will give you same-day provisional credit for such deposits,subject to later verification by us and our availability schedule.Banking center deposits that are immediately verified are covered under your Account Agreement. The Image Cash Letter Service allows you,or a third party acting as your agent,to transmit an image cash letter (ICL)to us.We may create,on your behalf,a paper substitute check or image replacement document(IRD)from such electronic image transmission,as described in the applicable User Documentation. The Remote Deposit Service allows you to create or have created on your behalf a paper substitute check or IRD from an electronic image or an original paper check,as described in the applicable User Documentation. YOUR RESPONSIBILITIES You agree to follow all requirements set out in the User Documentation,and to meet all specifications for returns contained in the User Documentation;provided,however,in the event that a relevant provision of the User Documentation conflicts with applicable regulatory requirements,you agree to follow such applicable regulatory requirements. You agree to prepare all deposits accurately and in good faith and to follow the procedures for preparation, packaging and delivery of deposits as provided in the applicable User Documentation.In order to receive a receipt AD-AG-0455B(2010) 15 of deposit at banking centers,depository facilities(which may include a night depository facility),or processing centers,and except as otherwise set forth with respect to the Safe Deposit service further described below,we may require you to provide a duplicate deposit slip.This is in addition to the number of original deposit slips required by us to process the deposit or to use other procedures as set forth in the User Documentation.If we require you to provide a duplicate deposit slip,we will stamp this duplicate deposit slip and return it to you.In all cases,deposits are subject to later verification by us. For deposits made to one of our cash vaults,you must contract separately with an armored carrier service that is acceptable to us to transport your deposits.Armored carriers are your agents unless otherwise agreed in writing between us. If you use our Image Cash Letter Service or our Remote Deposit Service,then prior to sending us an electronic image transmission,you and we must agree on image and transmission standards as more fully described in the applicable User Documentation. You warrant that all ICL file transmissions you send us comply with the specifications outlined in the User Documentation,and you agree to indemnify us for any loss or expense incurred by us(including attorneys'fees and expenses of litigation)as a result of your breach of this warranty.You must provide us with the reason for return of a check by such means as we may specify from time to time in our User Documentation.For example,we may require you to provide us with the reason for return of a check in the unqualified returns ICL cash letter file transmission or through stamping the front of the check with the reason for return.We will use our best efforts to notify you promptly when we cannot determine the bank of first deposit on a check in the amount of$2,500 or greater,or such other amount as may be set forth in the User Documentation from time to time.You will respond to our notice by secure email promptly upon receipt. If you use our Image Cash Letter Service or our Remote Deposit Service,then except as provided herein,for any IRD or Image created under this Service,you are deemed to be the warrantor of certain warranties under Check 21, and for each and every day an IRD is created,you accept all responsibilities as warrantor for those warranties under Check 21 regarding creation of the IRDs.You understand that you are responsible for capturing and sending fully legible copies of the original paper check or Electronic Image which will be cleared as a Paper Image or IRD. If you use our Image Cash Letter Service or our Remote Deposit Service,then you give the same warranties and indemnities to us that we,as reconverting bank,give under 12 CFR Parts 229.52 and 229.53 of Check 21 regulations or any successor legislation.With respect to any Image forward presented by us after your deposit,in paper check or Image form,in your account,you give the same representations,warranties and indemnities to us that we,as sending bank,give pursuant to the image exchange rules,including any applicable clearing house rules and/or regulations, that govern us.With respect to Images sent by you to us under this Service,your warranties include warranties that the Image accurately represents all the information on the front and back of the original check as of the time the original check was truncated,the MICR-line information contains all information needed for a substitute check or draft,and any transmission to us from you complies with the specifications described in the applicable User Documentation.You agree to indemnify us and any receiving parties that suffer losses as a result of receiving the substitute check instead of the original,or receiving duplicate items,whether in paper or Image form.You are responsible for capturing and sending fully legible copies of the item which may be created as an IRD. Notwithstanding the foregoing,provided you comply with the agreed upon image and transmission standards and we accept your transmission,and as more fully described in the applicable User Documentation,we will not hold you responsible for any breach of warranty or indemnity either under Check 21 based on image quality for IRDs,or under applicable image exchange rules,including any applicable clearing house rules and/or regulations,based on image quality for any Images,that we produce from your image transmission.If,in connection with your use of our Remote Deposit Service,we provide you with Software and such Software provided by us operates in a manner which causes you to breach any warranties under Check 21,in spite of your exercise of reasonable care,you shall report such Software issues to us as soon as reasonably practicable,and as more fully described in the applicable User Documentation,and we will not hold you responsible for such breach of warranty. AD-AG-0455B(2010) 16 If you use our Image Cash Letter Service or our Remote Deposit Service,then you shall pay us for the amount of any returned Images or IRDs(including rejected images or rejected IRDs)or any claims for adjustments accepted by us,for any IRD or Image which we have previously credited to your account. Such amounts shall be charged as returns or adjustments to your account and are immediately due and payable by you.Such amounts appear on your reports to the extent agreed between us.Certain returned IRDs and/or returned Images may be redeposited,if you have a separate reclear service agreement or arrangement with us.Any IRD created and deposited to your account must comply with all requirements mandated by Check 21.If you intend to include reclears along with other items in a forward ICL file sent to us for processing,you must identify the reclear items on the ICL file in accordance with our instructions set forth in our User Documentation. If you use our Image Cash Letter Service or our Remote Deposit Service,you agree that you provide the same warranties and indemnities that we are required to provide under applicable statutes,rules,clearinghouse arrangements,operating circulars and other applicable laws,rules or regulations.Without limiting the foregoing, you warrant and guarantee that,if you deposit a demand draft or remotely created check(an unsigned draft or a preauthorized draft)using the Image Cash Letter Service or Remote Deposit Service,the draft or remotely created check was created from paper(or from a paper item)and is authorized according to the terms on its face by the person identified as drawer.You agree to indemnify us from all loss,expense and liability related to a claim that such draft or check was not created from a paper item and/or was not authorized by the person on whose account it was drawn. If,upon our review of your deposit account activity,we determine that abuse or unauthorized activity is or may be occurring with respect to deposited demand drafts,we may require you to provide collateral to cover the return of and/or claims against deposited demand drafts. In addition,we may require you to maintain such collateral coverage with us beyond termination your use of any deposit service,such as our Image Cash Letter Service and/or of your relationship with us as a bank customer. In the event you use our Image Cash Letter Service or our Remote Deposit Service to redeposit any returned item as an IRD or Image,you agree to follow our procedures,set forth in the User Documentation,concerning your provision of the reason for return. If you use our Remote Deposit Service,then it is your responsibility to use check imaging equipment acceptable to us as specified from time to time(as used in this section,"hardware")to be installed at your site in order to use any such Remote Deposit Service.The terms and conditions pursuant to which the hardware is obtained,installed and maintained shall be as agreed between you and the vendor and/or lessor of such hardware and we assume no responsibility therefore. If you will be utilizing ACH components of our Remote Deposit Service,you must execute an agreement concerning such usage,as we may specify. If you have captured Images from checks,you agree that you will securely store,safeguard and securely destroy the items as set forth in the User Documentation.Imaged documents(or original documents,if available)must be provided to us promptly,at our request,to facilitate investigations related to unusual transactions or poor quality transmissions,or to resolve disputes. You agree to cooperate with us fully to facilitate our adherence to guidance provided by the Federal Financial Institutions Examination Council,including guidance concerning risk management of remote deposit capture.For this purpose,you agree that we may mandate specific internal controls at your locations,audit your operations and/or request additional information. ADDITIONAL RESPONSIBLITIES UNDER ECCHO In the event you are a financial institution and thereby eligible for ECCHO membership,you may use our Image Cash Letter Service or our Remote Deposit Service only if you are a member of ECCHO. AD-AG-0455B(2010) 17 RETURN OF ON-YOU ITEMS BY ICL In the event you are a financial institution to whom we may send,via ICL,On-You items pursuant to ECCHO rules, you agree that such ICL transmissions by us to you shall be governed by,and be in accordance with,the applicable provisions hereof and of ECCHO rules. UNQUALIFIED RETURNS ICLs In the event that you use the Image Cash Letter Service to send us unqualified returns ICLs,you additionally agree as follows: You agree to send us return items only if you return the items within the requirements of the UCC and Regulation CC.You warrant that all returned checks sent to us comply with the deadlines of Regulation CC and the UCC and you agree to indemnify us for any loss or expense incurred by us(including attorneys' fees and expenses of litigation)as a result of your breach of this warranty. You agree to provide to us the same warranties that we provide to any receiver of a returned item that you send us using this Service,whether such warranty is made under Regulation J,Federal Reserve Operating Circular 3, clearinghouse rules,including ECCHO rules,or other applicable regulations or rules.These warranties include,but are not limited to,a warranty that the image of the return item is an accurate representation of the front and the back of the related check; the electronic image return accurately corresponds to the electronically returned item being returned; and the electronic image return is not a duplicate of another electronic image return. When you return an item using the Image Cash Letter Service,you agree that you provide the same warranties and indemnities that we are required to provide under applicable statutes,rules,clearinghouse arrangements,operating circulars and other applicable laws,rules or regulations. REDEPOSITING RETURNED ITEMS When you redeposit a returned item using the Image Cash Letter Service,you agree to redeposit the image of the returned check or IRD,which was physically returned to you,which shall include all endorsements and return item stamps.You agree that you provide the same warranties and indemnities that we are required to provide under applicable statutes,rules,clearinghouse arrangements,operating circulars and other applicable laws,rules or regulations and you agree to indemnify us for any loss or expense incurred by us(including attorneys' fees and expenses of litigation)as a result of your breach of these warranties. OUR RESPONSIBILITIES We receive your deposit and issue provisional credit to your account for the amount you declare on the deposit slip. The declared amount is subject to later verification by us. If we find an error when we verify your deposit,we will debit or credit the amount of the error to the deposit account listed on the deposit slip,unless you and we have agreed otherwise in writing;provided,however,we reserve the right to set a standard adjustment amount(which we may change from time to time),in which case we will not make a correction to a deposit when the error is less than our current adjustment amount. We give you same-day provisional credit for deposits delivered before the cutoff time on a Business Day.For deposits delivered after the cutoff time or on a non-Business Day,we give you provisional credit on the next Business Day. We will apply and be responsible for(i)the appropriate endorsement of the bank of first deposit,if applicable,as more fully described in the applicable User Documentation on the back of each printed IRD;(ii)the appropriate legend of legal equivalency on the front of the printed IRD;and(iii)appropriate language identifying the reconverting bank if we do not clear your electronic image transmission through image exchange. AD-AG-0455B(2010) 18 SAFE CONNECT SERVICE You may use the Safe Connect Service for the purpose of obtaining credit,which credit may be provisional,for Safe Deposits as described herein and in Bank's User Documentation.You agree that the Safe to be utilized in connection with the Safe Connect Service must be installed at a Safe Location. Subject to cutoff times and other provisions contained in the User Documentation,we shall provide you with credit for Safe Deposits;depending upon the applicable procedures used by you,such credit may be subject to later verification and/or adjustment by us and/or the Transportation Provider designated to transport Safe Deposits from the Safe to the Vault Location.Your Safe Deposits shall be governed by the terms of this Booklet,except as otherwise provided herein. Your Responsibilities Concerning Safe and Transportation Provider.Your responsibilities with regard to the Safe Connect Service include the following.You shall be solely responsible for the procurement of the Safe, whether by lease,sale or otherwise,and for the installation and removal of the Safe in accordance with any agreements that you may have with any third party providing the Safe.You shall not be required to prepare deposit and/or duplicate deposit slips with respect to Safe Deposits,as deposit information regarding such Deposits will be set forth in the Safe Feed.You shall be responsible for engaging a Transportation Provider to remove Safe Deposits from the Safe and to transport the Safe Deposits to Vault Locations.You agree to select the Transportation Provider you engage from a list of approved armored carriers provided by us from time to time. Such Transportation Provider shall be your agent,not ours,except as otherwise provided herein. Settlement.Settlement terms may vary depending upon applicable procedures used by you; such procedures may be dependent,in part,upon the terms set forth in the applicable agreement between you and the Transportation Provider.Upon receipt of the Safe Deposits at the Vault Location,we or the Transportation Provider shall verify such Deposits,for which credit,which may have been provisional,has been given by us.In such instance,solely when conducting verification,the Transportation Provider shall be acting as our agent,not yours.In the event of a discrepancy between deposit amounts set forth in a Safe Feed,addressing a Safe Deposit,and deposit amounts verified at the Vault Location with respect to such Safe Deposit,any adjustments made shall be in accordance with our User Documentation.Information concerning such adjustments will be reflected in your account statements and, in some cases,in written or electronic advices and reports produced through one of our Information Reporting services. No Warranties;Limitation of Liability.The following is in addition to the Limitation of Liabilities section under this Booklet. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE,NOR DO WE MAKE,ANY RECOMMENDATIONS REGARDING THE SAFE.WE HAVE NOT MADE AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE,DIRECTLY OR INDIRECTLY,EXPRESS OR IMPLIED,AS TO ANY MATTER WHATSOEVER,INCLUDING THE SUITABILITY OF THE SAFE,ITS DURABILITY,ITS CONDITION,ITS QUALITY AND/OR ITS RELIABILITY.ACCORDINGLY,WE ALSO DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR PARTICULAR PURPOSE WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE.WE SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY LOSS,DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY THE SAFE OR ANY SAFE FEED,HOWEVER ARISING,OR THE USES THEREOF OR THE FAILURE OF ANY OPERATION THEREOF.NO REPRESENTATION OR WARRANTY AS TO THE SAFE OR ANY OTHER MATTERS BY OTHERS SHALL BE BINDING UPON US OR IMPOSE ANY LIABILITY UPON US NOR SHALL THE BREACH OF SUCH RELIEVE YOU OR IN ANY WAY AFFECT ANY OF YOUR OBLIGATIONS TO US HEREIN. IF THE SAFE IS NOT SATISFACTORY FOR ANY REASON,YOU SHALL NOT MAKE ANY CLAIM ON ACCOUNT THEREOF AGAINST US.REGARDLESS OF CAUSE,YOU WILL NOT ASSERT ANY CLAIM WHATSOEVER AGAINST US FOR LOSS OF ANTICIPATORY PROFITS OR ANY OTHER INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES. AD-AG-0455B(2010) 19 Supplemental Representations and Warranties.In addition to the representations and warranties set forth in this Booklet,you represent and warrant to us that(a)you have given or procured,as the case may be,all necessary consents and approvals for our accessing of your information and/or information of the Transportation Provider,as we deem appropriate,for purposes of this Agreement; and(b)you and/or the Transportation Provider as your agent shall safeguard all Safe Deposits until delivery of such Deposits at the Vault Location and commencement of verification.In the event that the security of Safe Deposits is breached prior to such delivery and commencement of verification,and/or if the delivery of the Safe Deposits to the Vault Location is delayed,we may reverse any credit, provisional or otherwise,provided with respect to such Safe Deposits as set forth in the User Documentation.You agree to notify us promptly in the event of any such security breach or delay. You agree that you shall be deemed to make and renew each representation and warranty set forth in this Booklet on and as of each day on which the Safe Connect Service is provided. Supplemental Termination Provisions.Notwithstanding anything to the contrary in this Booklet,the Safe Connect Service may be terminated at any time as set forth below. In addition to the events listed in the Termination section of the Booklet which allow us to terminate any Service immediately,each of the following events will also give us the right to immediately terminate the Safe Connect Service at any time: (a) You breach,or permit the breach of,the security of the Safe. (b) We determine that you have failed to maintain a financial condition that we deem to be reasonably satisfactory to minimize any credit or other risks to us in providing the Safe Connect Service or we deem immediate termination to be necessary or appropriate to prevent a financial loss to us. (c)We,in our sole discretion,determine that the Safe Connect Service is no longer feasible or desirous for us to pursue. COMMERCIAL PREPAID CARD Our Commercial Prepaid Card Services enable you to distribute Commercial Prepaid Cards to your employees and others that permit them access to a predetermined amount of funds.Commercial Prepaid Cards may be used at ATMs,point-of-sale(POS)terminals,and for over-the-counter cash access Transactions at offices of financial institutions that accept Visa'cards.Detailed information regarding such services is available in the applicable User Documentation. OUR OBLIGATIONS We will issue Commercial Prepaid Cards to you on your request after you have provided us such information regarding the Commercial Prepaid Card as we may require at that time.Before we issue each Commercial Prepaid Card,we will debit funds from a deposit account you maintain with us for the value amount of the Commercial Prepaid Card issued. We will mail the Commercial Prepaid Cards to the address or addresses you provide us,together with a copy of the agreement between us and the Cardholder,our privacy policy for consumers(if applicable)and instructions for activating the Commercial Prepaid Card. We will deduct the amount of each Transaction,which may include fees added by the ATM owner or the applicable network,from the value amount with respect to the Commercial Prepaid Card.We will also deduct applicable Cardholder fees. AD-AG-0455B(2010) 20 You may request us to add value to previously issued Commercial Prepaid Cards by providing such information as we may require at that time.Upon receipt of your request and the required information,we will debit your deposit account with us for the amount to be added to the existing Commercial Prepaid Cards. You acknowledge and agree that the Commercial Prepaid Card is for use only for business purposes and is not for use for personal family or household purposes. Cardholders will not pay any money or anything of value to receive the Commercial Prepaid Cards. Commercial Prepaid Cards will not be re-sold or distributed by you. If there are insufficient Collected and Available Funds in your account,we have no obligation to issue or activate any Commercial Prepaid Card or to add value to any existing Commercial Prepaid Card and we may suspend or reverse any completed value load. Upon your request,and with our approval,we may provide a Commercial Prepaid Card that is not reloadable. COMMERCIAL PREPAID CARD CREATION All Commercial Prepaid Cards shall identify us as the issuer and shall include such other names and trademarks as we require.If you elect to customize the Commercial Prepaid Cards,you will be responsible for any additional costs in the design or production of the Commercial Prepaid Cards.You will provide graphics,promotional material and wording to us for review and approval and you must comply with all the rules of Visa USA,Inc.and other systems or organizations,as applicable.You will allow us to use your artwork on the Commercial Prepaid Cards,provided that you shall have first reviewed and approved such use.You will indemnify and hold us harmless from any and all liabilities,claims,costs,expenses and damages of any nature(including Legal Expenses)arising from any claim that the artwork you supplied infringes the intellectual property rights of any third party. COMMERCIAL PREPAID CARD ACTIVATION Each Cardholder will be instructed to call a toll-free(in the U.S.A.)number and use an interactive voice response system to authenticate the Cardholder by using a number unique to the Cardholder in order to activate the Commercial Prepaid Card.During this call,the Cardholder will receive their PIN,if applicable.The Cardholder can change the PIN at that time to any four digit number.Once the call is successfully completed,the Commercial Prepaid Card will be activated.You will be responsible for informing each Cardholder of any other restrictions you may impose on the use of the Commercial Prepaid Card,and we will not have any responsibility for enforcing those restrictions. COMMERCIAL PREPAID CARD USAGE We may refuse to issue or add value to any Commercial Prepaid Card if we believe the Commercial Prepaid Card will or may be used in violation,or may cause us to be in violation,of any law or regulation,or any rule of any payment system. We will use reasonable efforts to prevent any overdraft with respect to a Commercial Prepaid Card or any unauthorized use of a Commercial Prepaid Card,but cannot ensure we will be able to do so. CONTROLLED BALANCE ACCOUNTS Our Controlled Balance Account Services let you control the transfer of funds between accounts with us.These Services may be restricted to certain account types. Transfers you make from a U.S.-domiciled money market account using these Services are considered preauthorized transfers,are counted toward the number of transactions you are legally permitted each month,and may not be made to a checking account with an overdraft credit facility. AD-AG-0455B(2010) 21 You may instruct us to make either date-related(where available)or balance-related(where available)transfers as described below.Once you instruct us to transfer funds between accounts,transfers begin on a mutually agreeable date or,for accounts domiciled in the United States of America,either immediately or on the date you specify. With a date-related transfer,funds can be transferred in either direction between certain types of accounts on the date and in the amount you specify.Both interstate and intrastate funds transfers are permitted as long as you meet the requirements for the account type(s),transfer date and account location(s).If the transfer date you specify is a non-Business Day,we make the transfer on the next Business Day. With a balance-related transfer,you may have funds transferred to an account when the balance falls below a certain amount,or from an account,when the balance rises above a certain amount,or both.We transfer the amount required to meet the account balance you specify. Unless you and we have otherwise agreed in writing,you may elect to have funds transferred to or from accounts of a U.S.Subsidiary;provided that(i)the U.S.Subsidiary's accounts are domiciled in the United States of America, (ii)you represent and warrant that such U.S. Subsidiary has authorized us to transfer funds between its accounts and your accounts and between its accounts and other accounts in the Service relationship via transfers through your account,and(iii)you provide us with such documentation as we may request in connection with such transfers. CONTROLLED DISBURSEMENT Our Controlled Disbursement Services provide information to you each Business Day so that you can fund the net total amount of(i)controlled disbursement checks presented that Business Day,(ii)certain controlled disbursement ACH transactions received prior to the time stated in the applicable User Documentation and(iii)any other check- related electronic adjustments to which we agree and which are posted that Business Day. ACCOUNTS We make the Controlled Disbursement Services available through multiple Controlled Disbursement Points in different parts of the United States of America.These points are identified on the List of Banks and Services. Subject to our approval in each case,you may use such Service through one or more of those points.For each Controlled Disbursement Point you use,you shall maintain one or more Controlled Disbursement Accounts with us. For each Controlled Disbursement Point,as more fully described in the applicable User Documentation,you may(i) draw checks bearing the respective point's routing numbers directly on your Controlled Disbursement Accounts,(ii) initiate or authorize third parties to initiate ACH debits pursuant to the section of this Booklet regarding ACH Services and(iii)subject to the applicable funds transfer Service agreement,initiate other electronic debits to your Controlled Disbursement Accounts.(For electronic debits to your Controlled Disbursement Accounts,you must use the appropriate funds transfer Service approved by us.) CHECKS You shall only use checks which conform to the form and specifications described in the applicable User Documentation,and which have been satisfactorily tested by us.If we determine that checks used by you do not comply with such requirements,we may take the actions described in the applicable User Documentation. NOTIFICATION AND FUNDING On each Business Day,we will inform you by the time specified in the applicable User Documentation of the total amount of debits presented for payment that day at or through a Controlled Disbursement Point and any other amounts required to be deposited in your corresponding Controlled Disbursement Accounts to cover such debits.On each such Business Day,prior to the time stated in the applicable User Documentation,you must ensure that sufficient Collected and Available Funds are on deposit in your Controlled Disbursement Account(s)to cover such amounts.If we attempt to post a debit to a Controlled Disbursement Account for the amount due and determine AD-AG-0455B(2010) 22 there are insufficient funds in the Controlled Disbursement Account,we may dishonor some or all of the checks then pending payment and/or,as appropriate,return or reject any electronic debit pending settlement.We may,however, in our sole discretion,allow an overdraft so some or all of such checks or electronic debits will be paid or settled.If we do so,we are not obligated to allow any such overdraft in the future. If we allow an overdraft to occur in your Controlled Disbursement Account,repayment is immediately due and payable,and you will repay us,on or before the next Business Day,the amount of such overdraft along with interest on such amount as specified in our schedule of charges for business account services or as otherwise agreed. Additional terms and conditions contained in your Account Agreement may also apply.If you do not repay us as specified herein,we may dishonor some or all of the checks then pending final payment and/or,as appropriate, return or reject any electronic debit pending settlement even if the Controlled Disbursement Account has sufficient Collected and Available Funds to cover such debits. You will select the funding methods for your Controlled Disbursement Accounts from the options described in the applicable User Documentation.However,in certain circumstances,we may require a change in the funding methods used for your Controlled Disbursement Accounts,and may require such accounts to be funded via wire transfer or account transfer. CUSTOMER-INITIATED PAYMENTS Our Customer-Inititated Payments Services allow you to have your consumer or business customers pay you for goods or services by using a Website.Your customers can authorize payments to you through commands on the Website or,where available,via touch-tone or voice commands over the telephone.Payments can be made via the Automated Clearing House(ACH),and credit or debit cards through the applicable card association networks. Detailed information regarding these Services is available in the applicable User Documentation.The capitalized ACH terms appearing in italics below are defined in the NACHA Rules. CLIENT RESPONSIBILITIES For payments made via ACH,the following provisions apply: • Payments will be made by creation of an ACH Entry to credit your account with us and will be subject to the provisions of our Automated Clearing House Services.You will obtain the authorization of each such customer to debit their account.You act as the Originator,your customer acts as the Receiver and we act as the ODFI with respect to the Entries.You warrant to us each time you use this Service that you have obtained appropriate authorization from each Receiver and that Entries conform to such authorization and comply with the NACHA Rules. • You also make to us the same warranties as we make with respect to Entries under the NACHA Rules. • You authorize us to create an ACH Entry on your behalf as provided in the User Documentation and the NACHA Rules. Payments,including chargebacks and adjustments,if any,made via credit or debit cards through the applicable card association networks are covered by the terms and conditions of the merchant services agreement you have with the acquiring bank. DATA AGGREGATION AND USAGE SERVICE Our Data Aggregation and Usage Service is a data aggregation,information reporting and data manipulation service which provides you with on-line access to information reporting services.These services include not only data collection and manipulation but also information reporting,cash forecasting,and automated general ledger downloading,as applicable. The availability of one or more of the foregoing services may be dependent upon various factors,including the on-line channel(s)pursuant to which the Service may be accessed,and not all functionalities of the Service may be available for your use. Subject to the foregoing limitations concerning AD-AG-0455B(2010) 23 availability,upon your registration for the Service and completion of any other requirements,including identification of those accounts which you wish to be included for use with the Service,you may use your on-line access to retrieve,analyze,manipulate data from your accounts with us and with third parties.Detailed information regarding our Service,including information concerning the availability of the various functionalities,is set forth in the User Documentation. You agree to use the security procedures we may designate from time to time with regard to access to the Service, verification of the authenticity of actions taken in connection with the Service,and safeguarding of correct user identification codes and passwords,as set forth in our User Documentation. DATA AGGREGATION You must identify for us those accounts which you wish to be included for use with the Service. You must be the legal owner of,or have the legal right to access,such accounts.With regard to the accounts you identify,you must obtain and provide to us any applicable third party consents and comply with all other requirements,including data feed requirements,that we may specify from time to time as necessary or appropriate for our receipt or retrieval of this account information. With regard to the foregoing,you agree to the following: • You represent that you are a legal owner of,or have the legal right to access,the accounts at third party web sites which you designate to us for information aggregation,information reporting or other purposes in connection with our provision of the Service. You further represent that you have the authority to designate us and our service provider(s),if applicable,as your agent and attorney-in-fact as set forth below. • You authorize us,as your agent and attorney-in-fact,to access third party web sites,retrieve or receive account information,and use your account information for the purposes of providing the Service,and you further authorize us to take any action we deem necessary and appropriate to facilitate the foregoing with respect to your accounts at third parties. • Third party account providers shall be entitled to rely upon the above authorization and power of attorney granted by you. • You agree and acknowledge that,when we access and retrieve or receive information from third party web sites,we act as your agents,and not the agents of the third party. • We do not have any responsibility or liability for transactions and/or inquiries you make with respect to any accounts you have,or may legally access,with third parties,and all fees charged by any third parties with regard to actions involving your accounts with such parties are your sole responsibility. You agree to abide by the terms and conditions governing your accounts with third parties,and to resolve any dispute you may have regarding such accounts with the relevant third party according to the relevant terms and conditions binding upon you and the third party,without any involvement or liability on our part. • Subject to any constraints of third parties with whom you have accounts,in providing our services we will make reasonable efforts to comply with your instructions,given in accordance with our designated procedures,regarding the timing and frequency of account data pulling activities. However,account information reflected via your use of the Service will constitute the most recent refresh successfully completed,but may not be accurate or current. We are not liable for any errors or delays in the content of such account information or for any action,and/or its consequences,which you may take in reliance upon such information. We do not endorse or recommend the services of any unaffiliated third party whom you select for purposes of using the Service's capabilities,including information aggregation capabilities,and from whom we collect your account information pursuant to your authorization. AD-AG-0455B(2010) 24 DATA MANIPULATION Using the Service's data manipulation capabilities,you may use various tools to populate and make other use of spreadsheet(s)as set forth in the User Documentation. With regard to the foregoing,you agree as follows: • You agree and acknowledge that we are not responsible for any results associated with your use of any spreadsheet and/or similar representation,and/or your reliance thereupon; the appropriateness of the calculations performed in connection with your use of any spreadsheet or similar representation; the timeliness of any data populated the any spreadsheet or similar representation,as such data may not reflect true"real time"figures; the accuracy of any data provided by third parties,regardless of whether such data is populated by us or otherwise;and any data input by you. CASH FORECASTING Using the Service's cash forecasting capabilities,you may obtain estimates,analyses and other information based upon automated cash flow calculations. For these cash flow calculations,you may select relevant factors, such as actual account and user history,historical patterns of check clearing times and seasonality trends.You may use data from cash forecasting to take such steps(e.g.funds transfer)as you designate via certain other services for cash management purposes.You may also use the Service to obtain and implement recommended actions for managing liquidity. With regard to the foregoing,you agree as follows: • You agree and acknowledge that,in connection with the Service's cash forecasting,we do not provide you with any guaranty or warranty regarding future payments,collections,cash requirements,funds availability or other circumstance,and you agree that you will take such steps as you deem reasonable to assess,verify,test and otherwise evaluate any forecasts or recommended actions provided pursuant to the Service. • In providing you with various options,calculations and recommended actions to assist you with cash forecasting,we do not represent that any such options,calculations and/or recommended actions are advisable,suitable or reliable for your use.You expressly agree and acknowledge that there are inherent risks in utilizing cash forecasting tools and you assume all liability in connection with such utilization. AUTOMATED GENERAL LEDGER INTERFACE You may use the Service to access a capability which allows you to automatically download file(s)from your general ledger. In the event you elect to download general ledger information,you are solely responsible for verifying the accuracy,scope,completeness and timeliness of this information. You agree and acknowledge that neither we nor our service provider(s)undertake to reconcile such general ledger information in any manner or for any purpose,prior to,during or after downloading of this information to the Service. You also agree and acknowledge that our provision of this capability does not create any duty of ours either with regard to discrepancies or unauthorized actions or events or with regard to your responsibilities regarding accurate record keeping. DISCLAIMER We are not responsible for the accuracy,timeliness,scope,reconciliation and/or use of account and other information accessed or utilized in connection with the Service.You agree and acknowledge that all services and features utilized,and all actions taken,by you in connection with the Service are taken in your sole discretion and under your sole responsibility. Without limiting the foregoing,you agree that the foreign exchange rates provided in connection with the Service are indicative only and are not live dealing rates. These indicative rates are provided by us solely as a courtesy. We do not accept any responsibility or liability for the accuracy or completeness of any indicative rates or for any reliance by or any other person on such rates. The indicative rates are derived from sources and models that we believe provide a reasonable approximation of market rates at the time of calculation. Rates AD-AG-0455B(2010) 25 based on other models or differing assumptions or for different purposes may be materially different. With respect to your receipt of indicative rates in connection with the Service,you have full responsibility for all valuations of transactions for your own financial and regulatory reporting. Prices or valuations derived from use of indicative rates provided in connection with the Service do not necessarily represent or reflect prices or amounts at which any transaction could or would be entered into at this time or any other time,with us or with any other party. In addition,we are not responsible for any data that is lost or destroyed in connection with your use of the Service. Without limiting the foregoing,we will not be responsible for any mechanical hard drive failure or other system failure,or if the Software is disabled(or"locked-up")as a result of your installation of other computer software on the personal computer,workstation or network on which Software is installed. We strongly recommend that you take the necessary measures to ensure that you perform daily back-ups of your data and the hard drives of the personal computers and/or services used in connection with the Software. ELECTRONIC BILL PAYMENT CONSOLIDATION Our Electronic Bill Payment Consolidation Services consolidate,reformat and deliver remittance information and other data related to payments received from Bill Payment Service Providers for credit to your account.Detailed information regarding the Services is available in the applicable User Documentation. You agree that you will authorize Bill Payment Service Providers to deliver payments,remittance information and other related data to us for us to provide these Services to you.We will credit payments received from Bill Payment Service Providers to your account.If you elect to receive Reversals,we will debit your account for the amount of the Reversal and send such funds to the Bill Payment Service Provider. You may also elect to have information of another company/organization reported through these Services.If you do so,you agree that you and the other company/organization will authorize the Bill Payment Service Providers to deliver payments,remittance information and other related data to us for us to provide these Services to you. Remittance information and other data related to payments will be delivered to you in a mutually acceptable form and manner. If you are unable to post any payments to your customers' accounts,you must promptly return such payments to us. You shall pay us immediately for the amount of any returned payments which we previously credited to your account. ELECTRONIC DATA INTERCHANGE (EDI) Our EDI Services allow you to disburse funds and/or deliver payment-related information to your receivers, electronically or by paper,by sending payment requests or payment-related information to us as described in the applicable User Documentation.These Services also allow you to access payments-related and remittance-related information in mutually acceptable formats received from your receivers and,where available,to match specified receivables and payables against payments. For the web-based remittance advice delivery service,you are responsible for enrollment of your receivers on the service.During enrollment you will review and verify the accuracy of all enrollment information provided by your receivers on the specified Website.Upon completion of enrollment,you authorize us to deliver the confidential passwords and identifiers to your enrolled receiver to access the specified Website.Your receiver must keep such passwords and identifiers confidential.We will be fully protected in relying on the correct user identification codes and passwords. AD-AG-0455B(2010) 26 SENDING PAYMENTS AND RELATED INFORMATION When you wish to pay your receivers,you transmit a data file to us,containing instructions for your payments,in the format and by the cutoff times specified in the applicable User Documentation.When we receive a file from you under an EDI Service,we perform certain edits on the data,translate it into the appropriate format and/or medium and send the data to the payment system specified by you,except that we may use any means of transmission,funds transfer system,clearing house or intermediary bank we reasonably select.On the specified dates,we issue your payments in the required formats. You control the content of any payment-related information you send to us and are solely responsible for the accuracy of such information.You are solely responsible for secure storage of all data relating to such information so that it can be made available to individual receivers upon request.You should reference the User Documentation for the applicable payment service to determine specific requirements for the duration of time required for data storage. For the web-based remittance advice delivery service,we act as an intermediary to make data and information available to or from you or your enrolled receivers reasonably promptly after receipt of such information.We make the information available to your enrolled receivers on the specified Website within one Business Day of receipt. The information will be available on the specified Website for the time periods specified in the applicable User Documentation.We will not alter the content of any information that we receive from you or the receivers.We are not responsible for the accuracy of any of the information that we receive. Payment requests originated via the EDI Services will be subject to the terms and conditions for the underlying payment services(Check Issuance and Document Printing,ACH and/or Wire Transfer and International Electronic Funds Transfer)as described in their respective sections of this Booklet. RECEIVING REMITTANCE INFORMATION Remittance information can be delivered to you in a mutually acceptable form and manner and will be covered under the Information Reporting section of this Booklet. ELECTRONIC FOREIGN EXCHANGE Our Electronic Foreign Exchange Services allow you to initiate FX Requests over the internet or by telephone.By accessing our Website,you can request that we provide an FX Transaction quotation,and by accepting our quotation you can electronically enter into FX Transactions,all in accordance with the instructions provided in the applicable User Documentation. AUTHORIZED PERSONS Before using an Electronic Foreign Exchange Service,you give us,by completing the applicable application,a written list of the persons authorized by you,including the security administrators,to perform certain duties in connection with the Electronic Foreign Exchange Service. SECURITY PROCEDURE You agree to use the Security Procedure,if any,when you send us FX Requests.The purpose of the Security Procedure is to verify the authenticity of FX Requests delivered to us in your name and not to detect errors in the transmission or content of the FX Requests.Each time you use an Electronic Foreign Exchange Service,you represent and warrant that,in view of your requirements,the Security Procedure is a satisfactory method of verifying the authenticity of FX Requests. You agree that we may act on FX Requests,even if they are unauthorized,if we act in good faith and comply with the applicable Security Procedure and any written agreement with you restricting our action on FX Requests.In such cases,we may enforce or retain your payment to us for such FX Requests;provided,however,we may not enforce AD-AG-0455B(2010) 27 or retain payment if you prove that the unauthorized FX Requests were not caused by a person(i)entrusted at any time to act for you with respect to FX Requests or the applicable Security Procedure,(ii)who obtained access to your premises,computer equipment or transmitting facilities or(iii)who obtained,from a source controlled by you, information(such as keys and passwords)which facilitated breach of the applicable Security Procedure. EFFECTIVENESS OF FX TRANSACTIONS You deliver FX Requests to us through the Service and we send you a quotation that you can accept electronically. You must follow all system instructions,procedures and warnings delivered to you on the Website provided for the Service.Once we receive your acceptance of our quote,we send you our deal acknowledgment in accordance with the applicable User Documentation,and the FX Transaction will be binding and effective. The FX Transaction is not completed until we send this acknowledgment.You are responsible for contacting us outside the Service if you have not received our electronic acknowledgment within the time specified in the applicable User Documentation(or in the absence of such specification within a reasonable time).We will book FX Transactions at our New York office. Notwithstanding anything to the contrary in this Booklet,we reserve the right to withdraw the Service or terminate your access to the Service at any time without notice. ACCOUNT DEBITS You must have Collected and Available Funds in your account which,when added to funds which may be made available under a line of credit,are sufficient to cover your FX Requests.You may initiate an FX Request only if the offsetting debit to your account,including the available line of credit,will not cause you to exceed the account balance according to your records.If your records and ours disagree regarding the account balance,our records will control for purposes of our processing the FX Request. Unless you have available funds under a line of credit with us,you are obligated to pay us the amount of any FX Request once we receive your FX Request.We will debit the account you specify for the amount of your payment before we process your FX Request.If,for any Business Day,we receive more than one FX Request and/or other items payable from your account,we may debit your account for such FX Requests and items in any sequence we determine in our sole discretion. If you have available funds under a line of credit with us,we will debit your specified account for the amount of your payment on the settlement date of the FX Transaction.Prior to the settlement date,you can request a change to the specified settlement account for the FX Transaction by using the Website for the Service.We will not be obligated to implement such a change,and the change will not be effective until we have had a reasonable opportunity to review and act upon your request. REJECTION OF FX REQUESTS We may reject any FX Request which does not comply with the requirements of this Booklet or the applicable User Documentation,including any processing limits described in such User Documentation,or which we have been unable to verify through use of the Security Procedure.We also may reject any FX Request which exceeds the Collected and Available Funds(including funds made available under a line of credit)on deposit with us in the applicable account.Notice of rejection is given to you by telephone,by electronic means,by facsimile or,in event such notice cannot be given by any of those means,by mail.Notices of rejection will be effective when given. CONFIRMATIONS AND SETTLEMENTS You agree that FX Transactions effected through the Service are automatically confirmed and do not require any further confirmation.Foreign exchange transactions effected by a method other than the Service may also be confirmed on the Website for the Service in accordance with the User Documentation.Your electronic confirmation of each such foreign exchange transaction shall have the same effect as if you had received a written confirmation from us and had reviewed,manually signed and returned the signed confirmation to us. AD-AG-0455B(2010) 28 INTERRUPTION OF COMMUNICATIONS In the event of a service interruption involving the Service,you may effect FX Transactions,confirm FX Transactions,and specify settlement instructions by contacting one of our trading rooms or operations centers by telephone as designated in the applicable User Documentation. ELECTRONIC STOP PAYMENT Our Electronic Stop Payment Services allow you to electronically place or cancel a Stop Payment Request.This is in addition to your ability to make stop payment requests in person,by telephone or in writing as described in your Account Agreement. A Stop Payment Request will not be effective until we review our records for the time period specified in the applicable User Documentation,determine that the check has not been paid during that period and respond to you with an online status of your request of"accepted"(rather than"rejected"or"pending"). A Stop Payment Request terminates at the end of the period designated in the applicable User Documentation, unless the Stop Payment Request is renewed or canceled earlier.A Stop Payment Request is canceled automatically when the account on which the check is drawn is closed or transferred. REQUESTING STOP PAYMENTS You will include in each Stop Payment Request the Magnetic Ink Character Recognition(MICR)serial number and exact amount(dollars and cents)of the check for which payment is being stopped and the account number on which the check is drawn.You understand and agree that we can only stop a check that shows exactly the same MICR serial number and amount as that included in the related Stop Payment Request since our computer system identifies a check on the basis of the MICR serial number and the exact amount of the check. You will review your account statements prior to transmitting any Stop Payment Request.You will not transmit any Stop Payment Request relating to a check that has been shown to be paid on such statements.If a check does not appear as paid on a statement with the correct check serial number due to defective or damaged MICR information on the check,we are not liable for processing the check. In some cases,we may pay a check even if a Stop Payment Request is in effect.For example,if one of our branches (or banking centers)or affiliates becomes a"holder in due course"of the check that you asked us to stop,we may still pay the check. The procedures for placing and acknowledging Stop Payment Requests are described in the applicable User Documentation. IMAGE SERVICES Our Image Services will make available to you digital images of checks,drafts,deposited items,returned items, notices of debit adjustments(with respect to this section,"debits")and/or notices of credit adjustments and deposit slips(with respect to this section"credits")with respect to specified accounts established with us.(Such Services do not include Image Lockbox Services,which are provided in connection with our Lockbox Services.) Digital images will be made available to you at such times as may be set forth in the applicable User Documentation or as otherwise established by us. Images may be made available to you by Website,file transmission or by CD-ROM/DVDs.Images available via Website include checks,drafts,deposited items,returned items,debits and credits.Images available via file transmission include checks,drafts,returned items,debits and credits.Digital images made available via CD- ROM/DVDs,which may be accessed through the use of CD-ROM/DVD software that we provide to you,include AD-AG-0455B(2010) 29 checks,drafts, debits and,credits.If you elect to receive Account Reconcilement reports and/or Demand Deposit Account(DDA)statements on a CD-ROM/DVD,images of such reports and/or statements will also be made available to you by CD-ROM/DVD. If an image of a check or draft is missing or is illegible,we will provide you with a copy upon your request.Your request must include the account number,the check serial number,the exact amount(dollars and cents)of the payment and the date the payment was made.We may assess a fee for copies provided to you.We will not be liable for failure to provide copies by a given time or for failure to provide copies we are not reasonably able to provide. Notwithstanding the Limitation of Liabilities section of this Booklet,we will not be liable for damages arising under any Image Service in excess of the amount of the check,draft or miscellaneous debit giving rise to your claim.Any such claim must include the account number,the check serial number,the exact amount(dollars and cents)of the payment,the date the payment was made,the name of the payee,a detailed explanation of how the claimed loss occurred and the name,address and phone number of the payee. Notwithstanding the Suspension and Termination section of this Booklet,in the case of an Image Service using CD- ROM/DVDs,termination of such service upon 30 days notice may not be effective earlier than the first day of the statement period immediately following the statement period during which such notice is given. INFORMATION REPORTING Our Information Reporting Services make certain account,transaction and related information available to help you control and manage your accounts.This may include information generated from other Services you use.You may have information reported directly to you or,with certain of our Information Reporting Services,reported at your direction to another financial institution or other entity.Information reported on a current day basis is subject to updating and,therefore,at any point in time may not reflect the information on our records at such time.In addition, such information may be subject to adjustment upon final posting.Detailed information regarding an Information Reporting Service is available in the applicable User Documentation. ACCOUNTS OF OTHER COMPANIES/ORGANIZATIONS You may elect to have accounts of another company/organization reported to you with any of our Information Reporting Services.You agree that,for each such account,the company/organization will provide us with its written authorization,in a form acceptable to us,for us to make its account information available to you.However,you do not need to provide us such written authorization if the other company/organization is a U.S. Subsidiary and its accounts are domiciled in the United States of America.In that case,you represent and warrant that such other company/organization is a U.S. Subsidiary and that it has authorized us to make its account information available to you. ACCOUNTS AT OTHER BANKS You may also elect to have your accounts,or accounts of another company/organization,that are maintained at another financial institution reported through certain of our Information Reporting Services.If you do so,you agree that you and the other company/organization will authorize such other financial institution to make the reporting information available to us and to take all other actions necessary for us to provide Information Reporting Services to you.We shall not be responsible for the accuracy or timeliness of any information provided to us by any such financial institution. THIRD-PARTY INFORMATION If you gain,through your use of one or more Services,access to any information relating to any person other than us,you or any of your Subsidiaries which have authorized your receipt of such information,you agree that you will treat such third-party information as strictly confidential and you shall not disclose it to any person outside your company or to any persons within your company except those who have a need to know.Further,you shall ensure AD-AG-0455B(2010) 30 that adequate measures have been taken to prevent the unauthorized use of any such third-party information.You agree that you will not use any such third-party information for your own purposes other than in a communication to us relating to the Service. LOCKBOX Our Lockbox Services involve the processing of checks and other payment instruments,such as drafts,that are received at a Lockbox Address or by special arrangement with us,excluding without limitation the processing of cash,stock certificates and tangible valuables.With a Lockbox Service,you instruct your customers to mail checks and other payment instruments you want to have processed under a Service to the Lockbox Address.We are not liable to you for losses you suffer if anything other than checks or other payment instruments are sent to the Lockbox Address.We and/or our agents will have unrestricted and exclusive access to the mail sent to the Lockbox Address. If we receive any mail containing your lockbox number at our lockbox operations location(instead of the Lockbox Address),we may handle the mail and reserve the right to deposit the items as if they had been received at the Lockbox Address. PROCESSING We will handle checks received at the Lockbox Address according to the applicable Account Agreement,applicable User Documentation and our availability schedule,as if the checks were delivered by you to us for deposit to your designated account,except as modified by this Booklet. We will open the envelopes picked up from the Lockbox Address and remove the contents.Checks and other documents contained in the envelopes will be inspected and handled in the manner specified in the set-up documents for the applicable Lockbox Address.We capture and report information related to the lockbox processing,where available,if you have specified this option in the set-up documents.As appropriate,we will endorse all checks we process on your behalf and deposit them in the account you designate for the applicable Service. If we process an unsigned check as instructed in the set-up documents,and the check is paid,but the account owner does not authorize payment,you agree to indemnify us,the drawee bank(which may include us)and any intervening collecting bank for any liability or expense incurred by us or such other bank due to the payment and collection of the check. If this option is available and if you instruct us not to process a check bearing a handwritten or typed notation "Payment in Full"or words of similar import on the face of the check,you understand that we have adopted procedures designed to detect checks bearing such notations;however,we will not be liable to you for losses you suffer if we fail to detect checks bearing such notations. Unless we agree otherwise,each Business Day we will prepare and send remittance materials(images via internet, electronic file and/or paper packages)relating to the Lockbox Address to you at the address you specify for that Lockbox Address other than image lockbox.The material will include,but is not limited to,any checks not processed in accordance with the set-up documents plus information regarding the deposit for the day.For the wholesale Lockbox Service,the package will also include invoices and other materials received at the Lockbox Address. If you subscribe to the Image Lockbox Service,unless we agree otherwise,we will retain images of processed, lockbox checks,remittance documents and correspondence for an archive period of a rolling 45 days.The images will be sent to you via an encrypted CD-ROM or other encrypted medium as specified in the User Documentation. Upon receipt,you must promptly notify us if such CD-ROM contains a media defect or is unreadable in its entirety. Subject to the terms herein regarding the retention of lockbox images,we will use reasonable efforts to replace the CD-ROM,which shall be our sole obligation and your sole remedy with respect to defects in the CD-ROM.If you AD-AG-0455B(2010) 31 elect to not receive an encrypted CD-ROM of the lockbox images,we will have no obligation to provide copies of such items,other than a copy of the check image. ACCEPTABLE PAYEES For the Lockbox Address,you will provide to us the names of Acceptable Payees in writing.We will process a check only if it is made payable to an Acceptable Payee and if the check is otherwise processable.In some jurisdictions outside the United States,an Acceptable Payee is limited to you and limited variations of your name.In all other jurisdictions,including the United States,you warrant that each Acceptable Payee is either you or your affiliate.If an Acceptable Payee is your affiliate,then you also warrant that such Acceptable Payee has authorized checks payable to it to be credited to the account you designate for a Lockbox Service.We may require written authorization from any such Acceptable Payee.We may treat as an Acceptable Payee any variation of any Acceptable Payee's name that we deem to be reasonable. NOTIFICATION SERVICE Our Notification Services,where available,allow you to receive certain types of Notices. The types of Notices relating to a particular Service are further described in the User Documentation. You agree Notices are in addition to and not a replacement of or substitution for the Services received by you under this Booklet or any other agreement between you and us. As set forth in the User Documentation,your system administrator(s)shall instruct us with respect to your use of the Notification Services. You acknowledge and agree that Notices are provided as a convenience and as such you(a)acknowledge and agree that you may not rely on the receipt or expected receipt of a Notice,or the contents(or lack thereof)of any Notice, to relieve you of any of your obligations or duties under the terms of this Booklet or otherwise,and(b)must continue to use the Services in compliance with the applicable terms of this Booklet or such other agreement between you and us. Notwithstanding any terms to the contrary,you agree that we shall not be liable in any case:(i) for any failure to provide,or any delay in providing,any Notice,(ii)if any Notice is intercepted or received by an unauthorized person or entity,and(iii)if any Notice is inaccurate or incorrect in any way. PAYMENT AND INVOICE PROCESSING SERVICES When you enroll to use the Payment and Invoice Processing Services,you will choose to enroll as a Disburser or Payer,or both.With our Payment Service,if you are a Disburser you may request us to originate on your behalf payments to Collectors.With our Invoice Processing Service,if you are a Payer,you will receive invoices sent to us from Billers,manage those invoices through use of our Website,and elect whether to use our purchase order matching process.The capitalized ACH terms appearing in italics below are defined in the NACHA Rules. SECURITY PROCEDURE You agree to use the Security Procedure when you electronically transmit Transaction Requests to us or our third party processor.The purpose of the Security Procedure is to verify the authenticity of Transaction Requests delivered to us or our third party processor and not to detect any errors in the transmission or content of these messages.Each time you use a Payment Service,you represent and warrant that,in view of your requirements,the Security Procedure is a satisfactory method of verifying the authenticity of Transaction Requests.You agree we or our third party processor may act on any electronically transmitted Transaction Request,the authenticity of which we or our third party processor,as applicable,have verified through use of the Security Procedure. YOUR RESPONSIBILITIES If you are a Disburser: AD-AG-0455B(2010) 32 • You must create and transmit to us or our third party processor a Transaction Request for each Entry you want us to originate on your behalf You must make certain that each Transaction Request conforms in form and substance to the requirements,including cutoff times on a Business Day,described in the applicable User Documentation. • You must retransmit any Transaction Request or other message initially transmitted to us or our third party processor through the Payment Service if you have not received an acknowledgment message from us or our third party processor within the time period specified in the applicable User Documentation. • You authorize us or our third party processor to originate credits and debits to your Transaction Account through the ACH network in accordance with this Booklet and the NACHA Rules. • You must comply with the NACHA Rules for all Transaction Requests and Entries,whether or not a Transaction Request or Entry is sent through the ACH network.We act as the Originator,on your behalf, and Originating Depository Financial Institution(ODFI)with respect to Entries.You will deliver Transaction Requests to us as provided in the User Documentation and the NACHA Rules.The NACHA Rules govern if they conflict with this Booklet or User Documentation,except that the file specification requirements in the User Documentation govern if they conflict with the NACHA Rules. • Before using the Payment Service,you must give us a written list,in a form acceptable to us,of the persons authorized by you to verify the authenticity of Transaction Requests,Entries and Reversal/Deletion Requests in accordance with the Security Procedure and to perform certain other duties in connection with such Service. • You must pay us with Collected and Available Funds for all Transaction Requests and credit Entries before the settlement date.If you pay us using one of our Wire Transfer Services,the terms and conditions of the Wire Transfers and International Electronic Funds Transfers section of this Booklet will apply.If you pay us using one of our Automated Clearing House(ACH)Services,the terms and conditions of the Automated Clearing House(ACH)section of this Booklet will apply. If you are a Payer: • You will receive invoices from Billers through the Invoice Processing Service. • If you elect to use our purchase order matching process,you will send us a file of outstanding purchase order data,which we will use to match invoices and purchase orders. • You will use the applicable Website to manage invoices by you,as described in the User Documentation. • For those invoices,which are approved by you,you will enter such invoice in your accounts payable system and send payment to Biller in accordance with your agreement with such Biller. • With respect to the Invoice Processing Service,you agree that we have no obligation to process payments or to make certain payments are made to Billers. • You will resolve disputes regarding invoices from Billers directly with such Billers and we have no responsibility with respect to such disputes. When you enroll to use the Payment and Invoice Processing Services,you will become a member of the Network.If you are a Disburser or a Payer,you must comply with the Network operating rules.The operating rules are available for your review at https:H secure.paymode.com/policies/operatingrules.htm. OUR RESPONSIBILITIES If you are a Disburser: • We will send Entries on your behalf and in accordance with your Transaction Request through the ACH system or processed directly to Transaction Accounts with us,all in accordance with the User Documentation.We may send Entries to any ACH processor selected by us or directly to another bank. • We will send an Entry to the ACH processor for settlement on the date you select in the applicable set-up documentation,if we receive the Transaction Request by the applicable processing deadlines specified in the User Documentation for the Payment Service and,unless we agree in writing otherwise,we have received Collected and Available Funds from you for the Entry.We may treat Transaction Requests we AD-AG-0455B(2010) 33 receive from you for processing after a deadline as if received on the next Business Day.Transaction Requests will be deemed received by us when we receive the complete file at the location specified in the User Documentation. • We will debit your Transaction Account for the amount of the Transaction Request. • We will make available to your Collectors any remittance information received from you,as set forth below. • We will give you secure access to the status and history of payments made by you through use of the Payment Service. • At your request,we will contact those entities you identify to discuss with them enrolling as Collectors, as described in the User Documentation. If you are a Payer: • We will send you invoices from Billers. • If you elect to use our purchase order matching process,we will accept from you an electronic file of outstanding purchase orders for use in that process and match invoices to purchase orders,as described in the User Documentation. • We will provide you with a Website through which you can view and manage invoices,as described in the User Documentation. • We will send you an electronic file of approved invoices. PROVISIONAL PAYMENTS You agree to comply with the NAC14A Rules for all Transaction Requests and Entries.You agree to be bound by the provision of the NAC14A Rules providing that payment of a credit Entry by the Receiving Depository Financial Institution(RDFI)to the Receiver is provisional until the RDFI receives final settlement for the Entry.If final settlement is not received,the RDFI is entitled to a refund from the Receiver of the amount credited.This means that the Receiver will not have been paid. Our payment of any debit Entry,returned credit Entry or credit Reversal is provisional until we receive final settlement for the Entry or Reversal.If final settlement is not received,we are entitled to a refund and we may charge your Transaction Account for the amount previously credited.We may delay the availability of any amount credited for a debit Entry or credit Reversal if we believe that there may not be sufficient funds in your Transaction Account to cover any chargeback or return of the Entry or Reversal. NOTICE OF ACCOUNT STATEMENT DISCREPANCIES Information concerning Entries will be reflected in your account statements and,in some cases,in the form of written or electronic advices or reports that are produced by the Payment and Invoice Processing Services.You must send us written notice,with a statement of relevant facts,within 14 days after you receive the first notice or statement indicating a discrepancy between our records and yours.If you fail to give the required notice,we will not be liable for any loss of interest or for compensation for any other loss or cost relating to an unauthorized or erroneous debit to your account or any other discrepancy reflected in the notice or account statement.You must notify us promptly by telephone or other electronic means approved by us for such purpose,and confirm such notice in writing,of information concerning an unauthorized or erroneous debit to your account if you learn about or discover it from any source other than a statement,advice or report from us. POSITIVE PAY Our Positive Pay Services allow you to identify exception items,to request photocopies and/or electronic images of exception items and to instruct us whether to pay or return those items.The options and features available for our Positive Pay Services are described in the applicable User Documentation.In many locations,if you send us an issue AD-AG-0455B(2010) 34 file,your information may be made available at the teller line.This is called"Teller Positive Pay,"which helps identify fraudulent checks that are presented for payment or deposit at many of our banking centers.Where available,you also have the option to include payee names with the information available at the teller line.This service is called"Payee Positive Pay." With Teller Positive Pay,or Payee Positive Pay,where available,the decision whether to pay such an item may be made by us at the teller line.Where available,you can also identify ACH Entries as exception items.Please refer to the terms and conditions specified in the ACH Positive Pay section of this Booklet. On each Business Day,we provide you a report of checks presented to us for payment on the prior Business Day and which we have identified as exceptions based on information you have provided to us and as more fully described in the applicable User Documentation.Exceptions are determined by comparing checks presented to us (either by other depository institutions or,where applicable,for cashing at one of our banking centers)with lists of checks issued or canceled by you which you transmit electronically to us each Business Day by the time specified in the applicable User Documentation.Alternatively,where available,you may choose an option under which we report all checks presented for payment,in which case we will treat all such checks as exception items. On the same day we report exception items to you,you must notify us,by the deadline specified in the applicable User Documentation,which checks you want us to pay or which to dishonor and return.If you fail to notify us by the deadline,we will handle the exception items in accordance with the prescribed default procedure(which you may choose where the choice is available).Where required,you will indicate which checks you want us to return, having been deemed by you to be fraudulent.Our deadlines,default procedures and procedures for acknowledging pay and return requests are described in the applicable User Documentation.In order to assist you in making your decision whether we should pay or return exception items,you may request a copy of any exception item. AUTHORIZED PERSONS Before using a Positive Pay Service,you give us a written list,in a form acceptable to us,of the persons authorized by you to perform certain duties in connection with such Service. ONLINE OPTION You may access the daily reports of exception items via one of our Websites.Using that system,you must then notify us by the appropriate deadlines which exception items to pay or which to return.Notwithstanding any courtesy alerts we may provide to you regarding reports of exception items,you are responsible for checking the applicable Website for daily reports of exception items and notifying us by the appropriate deadlines which exception items to pay or which to return. You may request photocopies of exception items,which we will fax to you,as more fully described in the applicable User Documentation.Where available,you may arrange to receive and display electronic images of exception items. MANUAL OPTION Where available,we will provide you a report of exception items.You must then notify us by the appropriate deadlines which items to pay or which to return. ACKNOWLEDGMENTS You authorize us to return checks or to pay checks in accordance with your instructions and the default procedure in the applicable User Documentation.We will have no liability for payment of a check which is unauthorized or fraudulent if(i)the check is included in a report of exception items,(ii)you have not selected a return default for exception items and(iii)you do not give us timely instructions to return the check. You acknowledge that our Positive Pay Services do not preclude our standard check processing procedures,which may cause a check to be dishonored even if your instructions or the default procedure do not otherwise require us to return such check. AD-AG-0455B(2010) 35 You acknowledge that,if you have our Teller Positive Pay Service,the decision whether to pay or not pay an item may be made by us at a banking center. If you decline to use the Teller Positive Pay Service offered by us,or fail to meet the applicable issue file deadlines in the User Documentation,you also acknowledge that,as between you and us,you will bear the full loss on checks which are drawn on your accounts with us and paid or deposited by us in good faith if the checks are counterfeits or bear unauthorized alterations to the amounts or unauthorized maker signatures,even if such checks would otherwise be exception items. You acknowledge that our Positive Pay Services are intended to be used to identify and return checks which you suspect in good faith are fraudulent.They are not intended to be used as a substitute for stop payment orders on checks which are not suspected in good faith to be fraudulent.If we suspect or deem,in our sole discretion,that you are using these Services contrary to those intentions,we may require you to provide evidence that checks we return pursuant to your instructions or the return default,if applicable,were in fact fraudulent.In addition,we may hold you liable for losses we sustain on checks which we are requested to return under these Services and which you do not reasonably establish as fraudulent checks. We will use reasonable efforts under the circumstances to respond promptly to proper requests for copies of exception items if image items are unavailable,but you acknowledge that our failure to provide copies does not extend the deadlines by which you must notify us of your pay/no-pay decisions. You acknowledge that you must fulfill your responsibilities in connection with a Positive Pay Service on each Business Day. In the event we are required to utilize our business continuity procedures,we will,if feasible,apply the default procedure in the applicable User Documentation.In some cases,we may attempt to contact you. RECLEAR Our Reclear Service resubmits a check or other payment instrument to the financial institution on which it was drawn if the check or payment instrument has been returned to us unpaid with the notation"refer to maker," "nonsufficient funds"or"uncollected funds." Generally,we will not notify you that such an item has been returned to us unpaid before we reclean it.If a recleaned item is returned to us a second time,we will charge your account for the total amount of the check or payment instrument.We generally total your returned items each day,debit your account for the total amount and then send the returned checks and payment instructions to you.The items we send to you serve as your notice of the nonpayments. RE-PRESENTMENT CHECK(RCK) Our RCK Services allow you to collect eligible RCK checks that have been returned for insufficient or uncollected funds,using the ACH Services within the United States of America,as described in the applicable User Documentation.The creation of the RCK Entries on your behalf by us using the ACH Services will be subject to the terms and conditions of the ACH section of this Booklet,including but not limited to the Security Procedures requirements described in that section.The capitalized ACH terms appearing in italics below are defined in the NACHA Rules. YOUR RESPONSIBILITIES You authorize us to create RCK Entries on your behalf as provided in the User Documentation and the NACHA Rules.You are deemed to be the Originator under the NACHA Rules,and on each day you use a Service,you represent and warrant that(i)you have obtained all necessary authorizations from the Receiver prior to the initiation of any corresponding ACH Entry for a RCK and(ii)you accept as Originator all liability corresponding to the representations and warranties we as ODFI make under the NACHA Rules regarding RCK. AD-AG-0455B(2010) 36 You shall pay us for the amount of any returned debit Entries(including rejected debit Entries)or any adjustment Entries accepted by us and which we have previously credited to your account. Such amounts shall be immediately due and payable by you to us.Returned debit Entries appear on your reports to the extent agreed by you and us,and you agree that we do not need to send a separate notice of debit Entries which are returned unpaid. COMPLIANCE WITH NACHA RCK RULES AND LAWS You agree to comply with the NACHA Rules for all Entries whether or not an Entry is sent through the ACH network.You act as an Originator and we act as an ODFI with respect to Entries.The NACHA Rules govern if they conflict with this Booklet,except that the file specification requirements in the User Documentation govern if they conflict with the NACHA Rules. Each time you use an RCK Service(i)you warrant that you have obtained the appropriate authorization from each Receiver and the Entries conform to the authorization and comply with the NACHA Rules and(ii)you make the same warranties to us as we make under Section 2.2 or any successor section of the NACHA Rules. TAX PAYMENTS Our Tax Payment Services allow you to instruct us,using a touchtone telephone,our Software on your computer, our Website,and any such method as may be described in the applicable User Documentation,to pay any of your taxes which are reported or filed using the tax forms as more fully described and specified in such applicable User Documentation.Based on your Tax Payment Instructions,we prepare and remit your tax deposits.Each of these Services is described in the applicable User Documentation. SECURITY PROCEDURE You agree to use the Security Procedure when you deliver Tax Payment Instructions and,as provided in the applicable User Documentation,cancellation requests to us.The purpose of the Security Procedure is to verify the authenticity of Tax Payment Instructions or cancellation requests and not to detect errors in the transmission or content of these messages.You represent and warrant each time you use a Tax Payment Service that,in view of your requirements,the Security Procedure is a satisfactory method of verifying the authenticity of these messages. You agree we may act on any Tax Payment Instructions or,as provided in the applicable User Documentation, cancellation requests,the authenticity of which we have verified through the use of the Security Procedure. CUTOFF TIMES You must comply with the deadlines specified in the applicable User Documentation for initiation of Tax Payment Instructions.If a Service allows you to send instructions to us after the cutoff time,or on a non-Business Day,we may treat these instructions as if we received them on the next Business Day. COMMUNICATION EXPENSE AND RISK Transmission of Tax Payment Instructions to us will be at your expense,except that we may provide a toll-free number telephone service.If that service is disrupted for any reason,you have the responsibility and risk of using alternative means of communicating Tax Payment Instructions to us accurately and in time for us to perform any Tax Payment Service. REQUIRED INFORMATION You will furnish us with all required information and authorizations at the times,in the manner and with the content specified in the applicable User Documentation. AD-AG-0455B(2010) 37 TAX FORMS AND REMITTANCES After we have received complete Tax Payment Instructions from you,we prepare the related tax forms(which may be on a magnetic tape or by electronic transmission as authorized by the Internal Revenue Service or other tax authority,as applicable)for submission to the appropriate tax authority. If permitted by the input method,you may specify a settlement date in accordance with the User Documentation.If you use a touchtone phone as your input method,you may request a specified settlement date by calling the designated customer representative for the applicable Tax Payment Service. For purposes of these Services,settlement date means the date you specify that the taxing authority's account is to be credited.If you do not specify a settlement date,we will pay the amount you specify on or before the tax due date.If you specify the settlement date,payment will be made on the settlement date. ACCOUNT DEBITS If you do not specify a settlement date,we debit your account for any tax payment on the Business Day of transmission.If you specify a settlement date,we generally debit your account on the settlement date unless you are prefunding your tax payments.Prefunding means that you pay for all tax payments by such time before the settlement date as we may specify.At our discretion,we may at any time without notice debit your account on the Business Day that Tax Payment Instructions are transmitted to us(or on any other later date).If we debit the funds on the transmission date(or any other date before the payment date),we hold the funds as a deposit liability to you, and not as trust funds,until the date when we remit the funds to the appropriate tax authority.We will not pay you interest on the funds. We reserve the right to debit your account and to make a tax payment on your behalf earlier than the tax due date if the information in your Tax Payment Instruction is unclear or inadequate to permit us to determine the later due date under the applicable Tax Payment Service or if we otherwise reasonably decide that any delay in the payment of the tax may expose you to liability for a tax penalty.In such case we will not be liable to you for any lost use of funds. REJECTION OF INSTRUCTIONS We may reject your instructions during or immediately after transmission to us if they do not comply with the requirements of this Booklet or the applicable User Documentation or which we have been unable to verify through use of the Security Procedure.You will be informed of any such rejection only as specified in the applicable User Documentation,and no other notice of rejection will be provided. In addition,we may decline to perform any Tax Payment Service or to report any tax,file any tax form,or pay any related tax for you,even if we have received instructions to do so,if the tax payment and our related service fees and charges exceed the Collected and Available Funds on deposit in your account or your ACH processing limit.If we reject a Tax Payment Instruction for that reason,we will promptly notify you by telephone or facsimile transmission in which case we will not be liable to you for the tax payment,any interest on the amount of your tax liability,or for any tax penalty imposed on you in connection with the tax liability.You agree these means of communication are a reasonable means of notifying you. CANCELLATION Subject to the provisions in the User Documentation,you may cancel a Tax Payment Instruction prior to disconnection of the telephone call in the case of an instruction initiated by touchtone telephone or prior to transmission to us of an instruction initiated through your computer or our Website. Thereafter,a Tax Payment Instruction may be canceled only if: • The tax payment has not been remitted,credited or otherwise made available to a tax authority AD-AG-0455B(2010) 38 • A request to cancel provides sufficient information for us to effect the request • The request is received by us by telephone or,at the option of either you or us,in writing(including facsimile transmissions)in time(but in no event later than the deadline specified in the applicable User Documentation)to afford us a reasonable opportunity to effect the request OVERPAYMENTS If we make an overpayment of your tax liability due to our error,we will recredit your account for the amount of the overpayment,and you agree to take such actions as we reasonably request to obtain a refund of the overpayment and to arrange for payment of such refund to us.In any event,you agree to repay us for any overpayment upon the earlier of(i)your recovery of such overpayment or(ii)the application of the related tax credit to another of your tax payment obligations. RECORDS AND NOTICE OF ERRORS We will provide you with statements and confirmations containing information about your tax payments in accordance with and subject to the applicable User Documentation. Nothing in this Booklet relieves you of any duty imposed by law or contract regarding the maintaining of records or from employing adequate audit,account and review practices customarily followed by similar businesses.You will promptly review for accuracy all records,information and statements delivered from time to time to you by us. You must send us written notice,with a statement of relevant facts,within 14 days after you receive the first notice or statement indicating a discrepancy between our records and yours.If you fail to give the required notice,we will not be liable for any loss of interest or for any compensation for any other loss or cost relating to an unauthorized or erroneous debit to your account or because of any other discrepancy in the notice or account statement.You must notify us promptly by telephone,confirmed in writing,if you learn or discover from any source other than a notice or statement from us of information concerning an unauthorized or erroneous debit to your account. SUPPLEMENTAL LIMITATION OF LIABILITIES For each Tax Payment Service,this section supplements the Limitation of Liabilities section of this Booklet. If any Tax Payment Service is interrupted for any reason and you are unable to complete transmission of your Tax Payment Instruction to us,you will not be relieved of your obligation to make any tax payment otherwise contemplated to be made by such Service.We will not incur any liability if you fail to make any required tax payment by other means in the event of such interruption. Notwithstanding anything to the contrary,if you initiate a Tax Payment Instruction using an"expedited payment request",as specified in the applicable User Documentation,such"expedited payment request"is subject to our prior approval,at our sole discretion.If we do approve your use of such an"expedited payment request",and you comply with the specific instructions and procedures set forth in the applicable User Documentation,we will make a reasonable effort to act on the Tax Payment Instruction initiated using such"expedited payment request,"but we will have no liability if it is not effected. WIRE TRANSFERS AND INTERNATIONAL ELECTRONIC FUNDS TRANSFERS This section applies to our U.S.domestic and worldwide wire and internal funds transfer services and to our International Electronic Funds Transfer Services outside the United States of America.It does not apply to ACH Services within the United States of America,which are covered in the Automated Clearing House(ACH)section of this Booklet. Wire Transfer and International Electronic Funds Transfer Services permit you to transfer funds electronically and, as appropriate,to transmit related messages as more fully described in the applicable User Documentation.These AD-AG-0455B(2010) 39 transfers are typically from your accounts with us to other accounts at our bank,at our affiliated banks or at other eligible banks.These transfers may also include transfers to your accounts with us from your accounts at other banks.These transfers may be made according to a specific request from you or according to your standing instructions(which may include daily sweeps from your accounts at our affiliated banks to your account with us). They also may be low-value batch payments made according to multiple requests within a single electronic data file for transfers to or from your accounts. MULTIBANK The Multibank Service permits you to relay through us your instructions to another bank to wire transfer funds from one of your accounts held at that other bank(as used in this section,"multibank instructions"). Before using the Multibank Service,you must provide us with the account number and bank name for each account to be debited using this Service.You also must provide the bank holding the debit account with express,written authorization (with a copy to us where requested)to act on instructions we send to it under this Service.You agree that we may rely on that authorization until we have had a reasonable opportunity to act on notice that it has been revoked. Multibank instructions are not payment orders to us,and we have no obligation to execute,transmit or accept any payment orders made to us under the Multibank Service. If we receive any multibank instruction via SWIFT,we will relay your instructions to the receiving bank,subject to business day schedules for us,SWIFT,and the receiving bank.We will have no liability arising out of or relating to our forwarding,or any rejection by the other bank of,any such instruction which is not in the SWIFT format required by the other bank for such instruction.Your multibank instructions to us via SWIFT must be sent to the SWIFT address specified by us to you from time to time. If we receive any multibank instructions other than via SWIFT,we will either,(i)where feasible,create a SWIFT formatted message from your instruction and relay it by SWIFT to the other bank,or(ii)use whatever means or medium we deem appropriate,including use of third-party facilities,to reformat and transmit your payment order to another bank,and we have no duty to do so if your request is defective,incomplete,erroneous or inconsistent with the terms of this Booklet.We may act on your multibank instructions as we reasonably consider appropriate notwithstanding any error,omission,defect or lack of clarity in its terms and even if the instructions appear to duplicate other multibank requests.You agree that your indemnity of us,as set forth in the Protection From Third Parties section of this Booklet,applies to any claims by another bank based on our sending a multibank instruction containing any error,omission,defect or lack of clarity. If you wish to cancel or amend a payment order set forth in a multibank instruction,you must contact the bank to which the payment order is directed and act in accordance with its procedures. Reports on multibank instructions which we have processed may be included in an Information Reporting Service if you have arranged such reports from the bank that is subject to such instructions. COMPLIANCE WITH RULES AND LAWS You agree to comply with all applicable payment system rules,including the national payment system rules and any other applicable laws and regulations of the receiving country of your transaction.You also agree to comply with the authorization and notice requirements applicable to any Request to debit another person's account. AUTHORIZED PERSONS Before using a Wire Transfer Service or an International Electronic Funds Transfer Service,you give us a written list,in a form acceptable to us,of the persons authorized by you to perform certain duties in connection with such Service. AD-AG-0455B(2010) 40 SECURITY PROCEDURE You agree to use a Service in accordance with the relevant Security Procedure.The purpose of the Security Procedure is to verify the authenticity of Requests delivered to us in your name and not to detect errors in the transmission or content of Requests.You represent and warrant each time you use a Wire Transfer Service or an International Electronic Funds Transfer Service that,in view of your requirements,the Security Procedure is a satisfactory method of verifying the authenticity of Requests. You agree that we may act on Requests,even if they are unauthorized,if we act in good faith and comply with the applicable Security Procedure and any written agreement with you restricting our action on Requests.In such cases, we may enforce or retain your payment to us for such Requests;provided,however,we may not enforce or retain payment if you prove that the unauthorized Requests were not caused by a person(i)entrusted at any time to act for you with respect to Requests or the applicable Security Procedure,(ii)who obtained access to your premises, computer equipment or transmitting facilities or(iii)who obtained,from a source controlled by you,information (such as keys and passwords)which facilitated breach of the applicable Security Procedure. ACCOUNT DEBITS You must have Collected and Available Funds in your account which,when added to funds which may be made available under a line of credit,are sufficient to cover your Requests.You may initiate a Request only if the offsetting debit to your account,including the available line of credit,will not cause you to exceed the account balance according to your records.If your records and ours disagree regarding the account balance,our records will control for purposes of our processing the Request. You are obligated to pay us the amount of any Request once we act on,other than to reject,your Request.At our discretion,we may at any time without notice require payment before we process your Request.Even if we have done so in the past,we are not obligated to process any Request without having first been paid by you,but,if we do, the amount is immediately due and payable without notice or demand. Prior to initiating any Wire Transfer Service Request to debit an account of a third party,you must provide us with documents,in a form acceptable to us,evidencing the third party's authorization. You will pay us for the amount of any returned or rejected debit transactions,or any adjustments,which we previously credited to your account. If,for any Business Day,we receive more than one Request and/or other items payable from your account,we may debit your account for such Requests and items in any sequence we determine in our sole discretion. ACTING ON REQUESTS We will use any means of transmission,funds transfer system,clearing house or intermediary bank we reasonably select to transfer funds. After we receive a Request by the applicable processing deadline(as specified in the applicable User Documentation),but no later than the value date stated in your Request(if such date is not earlier than the day such Request is received),we will act upon such Request by making applicable accounting entries or by transmitting payment instructions to the applicable bank or other party.If applicable,our acting on your Request will also be subject to the business day schedule of any of our banking centers or affiliates holding an account to be debited or credited under a Service.We may treat Requests we receive after a deadline as if we received them on the next Business Day.International Electronic Funds Transfer Services Requests will be deemed received by us when we receive the complete electronic data file at the location specified in the applicable User Documentation. AD-AG-0455B(2010) 41 REJECTION OF REQUESTS We may reject any Request which does not comply with the requirements of this Booklet or the applicable User Documentation,including any processing limits described in such User Documentation,or which we have been unable to verify through use of the Security Procedure.We also may reject any Request which exceeds the Collected and Available Funds(including funds made available under a line of credit)on deposit with us in the applicable account.We may also reject any Request if it may be returned for any reason under the applicable national payment system rules of the receiving country of your transaction.Notice of rejection may be given to you by telephone,by electronic means,by facsimile or by mail,depending upon the method of origination.Notices of rejection will be effective when given. CANCELLATION OR AMENDMENT We have no obligation to cancel or amend Requests after we receive them or to cancel or amend any particular funds transfer requested by a standing instruction which is in effect,however,if you send us a Request instructing us to cancel or amend a prior Request and we are able to verify the authenticity of the cancellation or amendment Request using the Security Procedure,we will make a reasonable effort to act on that Request,but we will not be liable if it is not effected.You agree to indemnify us against and hold us harmless from any and all liabilities, claims,costs,expenses and damages of any nature,including Legal Expenses,we incur in connection with your Request to cancel or amend.Your obligations under this provision will survive termination of these Wire Transfer and International Electronic Funds Transfer Services. PROVISIONAL PAYMENTS Payment by us for any transaction we credit to your account is provisional until we receive final settlement for the transaction.If final settlement is not received,we are entitled to a refund and we may charge your account for the amount credited.We may delay the availability of any amount credited for a transaction if we believe that there may not be sufficient funds in your account to cover chargeback or return of the transaction. INCONSISTENCY OF NAME AND NUMBER A beneficiary's bank(including us when we are the beneficiary's bank)may make payment to a beneficiary based solely on the account or other identifying number.We or an intermediary bank may send a Request to an intermediary bank or beneficiary's bank based solely on the bank identifying number.We,any intermediary bank and any beneficiary's banks may do so even if the Requests include names inconsistent with the account or other identifying number as long as the inconsistency is not known by us or such other bank.Neither we nor any other bank has a duty to determine whether a Request contains an inconsistent name and number. NOTICE OF ACCOUNT STATEMENT DISCREPANCIES Information concerning payments made pursuant to your Requests will be reflected in your account statements and, in some cases,in written or electronic advices and reports produced through one of our Information Reporting Services.You must send us notice,in writing or by electronic means approved by us for such purpose,with a statement of relevant facts,promptly after you receive the first notice or statement indicating a discrepancy between our records and yours.If you fail to give the required notice within 14 days,we will not be liable for any loss of interest or for any compensation for any other loss or cost relating to an unauthorized or erroneous debit to your account or because of any other discrepancy in the notice or account statement.You must notify us promptly by telephone,confirmed in writing,if you learn or discover from any source other than a statement,advice or report from us of information concerning an unauthorized or erroneous debit to your account. AD-AG-0455B(2010) 42 ELECTRONIC TRADE SERVICES Our Electronic Trade Services includes,but is not limited to,allowing you to: • Initiate collections • Instruct us to issue standby and commercial letters of credit and guarantees • Initiate open account transactions • Receive advice of our receipt of purchase orders naming you as the supplier • Receive advice of our receipt,confirmation,or payment,of commercial letters of credit advised and standby letters of credit advised naming you as beneficiary • Request full or partial transfers of your commercial letters of credit or full transfers of your standby letters of credit • Prepare documents in connection with your commercial letters of credit • Access reports on letter of credit transactions,open account transactions,collections and bankers' acceptances • Access images of your relevant documents as they relate to your letter of credit transactions,collections and open account transactions • Request supply chain financing transactions in the roles of either a buyer or a seller Detailed information regarding each Service is found in the applicable User Documentation. COLLECTIONS OUTGOING COLLECTIONS Over the Counter Collections.Reports concerning your over the counter collections are made available under the Information Reporting section of Electronic Trade Services in this Booklet. Direct Collections.Our Electronic Trade Services Direct Collections Service includes,but is not limited to, allowing you to initiate a collection(as that term is defined in the Uniform Rules for Collections)by delivering an instruction to a collecting bank. The instruction will be on a form prescribed by us,but we will not have any responsibility or liability for the terms and conditions of any instruction;you accept all such responsibility and liability.Each direct collection will be governed by the Uniform Rules for Collections.You will promptly transmit to us a copy of the completed direct collection form and,upon our request,will provide to us copies of the underlying documentation or other information. You represent and warrant to us as of the date you transmit the instruction form to us that the direct collection is not prohibited under the foreign asset control or other regulations of the United States of America or the applicable laws of any other jurisdictions. Upon our receipt of any payment of a direct collection,the amounts received(less related charges,disbursements and/or expenses)will be paid to you,except that if we are required to return any such payment received upon the insolvency,bankruptcy or reorganization of the presenting bank or collecting bank or other third party or for any other reason,you will repay to us the amount paid to you together with interest thereon from the date we returned the payment and so notified you at the rate specified by us in our schedule of charges.Unpaid items and related documents received by us may be returned to you by regular mail at the address specified in the Authorization and Agreement Certification form which accompanied this Booklet or such other address as may be notified by you in writing. AD-AG-0455B(2010) 43 INCOMING COLLECTIONS Our Electronic Trade Services Incoming Collections Service includes,but is not limited to,allowing you to(i) request us to receive documentary time drafts,sight drafts or bills of exchange drawn on your appropriate account as part of your trade transactions and(ii)authorize us to make such payments. Such drafts are payable at sight or at a future date. All such drafts received by us shall either be in the customary form of such drafts,or contain on the face of the instrument the words"draft"or"bill of exchange." Each draft must designate us as collecting and/or presenting bank to make presentation to you for acceptance. You appoint us as your true and lawful attorney-in fact to act in your name,place and stead,solely for the purpose of signing your acceptance on drafts in accordance with the procedures outlined below.You hereby grant to us all powers necessary for us to sign your acceptance and thereby bind you to such acceptance.We will date your acceptance,specifying your name,and will sign as your agent and attorney-in-fact.We are also authorized to sign your name on your behalf without stating your name or our capacity hereunder.This appointment and grant is deemed coupled with an interest and may be revoked only by written notice of termination. You will indemnify us against and hold us harmless from and defend us against any and all liabilities,claims,costs, expenses and damages of any nature(including Legal Expenses)that may directly or indirectly result or arise from or be incurred in connection with: • Any acceptance or other actions performed by us as attorney-in-fact,except to the extent directly caused by our gross negligence or willful misconduct • Any dishonor of a draft by you;and/or • Any breach of or default under this Incoming Collections Service by you We shall,within a reasonable time after receipt of your authorization to accept the draft,accept such draft on your behalf by signing your acceptance on such draft.Within a reasonable time thereafter,we will send an electronic notification to you. Such notification will include your name,address and reference number,the amount of the draft, its payment tenor,the maturity date,the drawer's name and the presenter's name.You authorize us to accept,pay or reject incoming collections on your behalf. All drafts which we accept on your behalf,in the capacity as your attorney-in-fact,shall conclusively be deemed to have been accepted in fact by you fully and for all purposes,as if your had signed or executed the acceptance and such draft. You authorize us to debit your appropriate account for authorized payments. STANDBY AND COMMERCIAL LETTERS OF CREDIT-ISSUED Our Electronic Trade Services Standby and Commercial Letters of Credit-Issued Service includes,but is not limited to,allowing you to request us,by electronic transmission,to issue a commercial or standby letter of credit or a guarantee.If electronic transmission is unavailable,you may request us to issue such letters of credit or guarantees by fax transmission.Each letter of credit or guarantee which we agree to issue will be for your account or the account of another entity you designate.Each commercial letter of credit we issue will be subject to the UCP and, when applicable,the eUCP,and each standby letter of credit we issue will be subject to the ISP98.A letter of credit may be issued by any of our authorized offices within or outside the United States of America.A guarantee may be issued by any of our authorized offices outside the United States of America. More detailed terms and conditions concerning the Electronic Trade Services Standby and Commercial Letters of Credit-Issued Service can be found in the Master Standby Letter of Credit Agreement and/or the Master Commercial Letter of Credit Agreement(collectively,the Master LC Agreements).Prior to using the Electronic Trade Services Standby or Commercial Letters of Credit-Issued Service you will have to execute the applicable AD-AG-0455B(2010) 44 Master LC Agreement.To the extent a discrepancy occurs between this Booklet and your executed Master LC Agreement(s),such discrepancy will be resolved by giving precedence to the respective Master LC Agreement. YOUR RESPONSIBILITIES You represent and warrant to us as of the date of your issuance request of each commercial letter of credit and each drawing that you or the importer has obtained all applicable and/or required licenses and other governmental approvals required for the import,export,shipping,storage of,financing of or payment for the goods and documents described in the letter of credit.You further represent and warrant to us,for each commercial and standby letter of credit issued,that you have the authority to enter into such letter of credit and that the letter of credit will not violate or conflict with any of the provisions of the applicable constituent documents or any other agreement or undertaking to which you are a party.The transactions underlying the letter of credit are not prohibited under the foreign asset control or other regulations or laws of the United States of America or the applicable regulations or laws of any other jurisdiction. You will obtain,or cause to be obtained,insurance covering fire and other usual risks on all goods described in each commercial letter of credit issued by us. You will reimburse us upon demand all monies paid by us under or in respect of each such letter of credit or guarantee,including payments on any draft,acceptance,order,instrument or demand drawn or presented under the letter of credit or guarantee.You will pay us on demand interest on all amounts paid by us or any other nominated bank under each letter of credit or guarantee from the date of such payment until we receive reimbursement at a rate per annum specified in the applicable User Documentation.You will reimburse us in the currency in which the letter of credit or guarantee is denominated(or,at our option,the equivalent of the denominated currency amount in U.S. Dollars or the currency of the country in which the letter of credit or guarantee was issued at the rate of exchange quoted by us in the city in which the letter of credit or guarantee was issued for the sale of the denominated currency against U.S.Dollars or such other currency on the date on which the denominated currency amount is paid by us). Regardless of the expiration of the letter of credit or guarantee,you will remain liable for all such amounts until we are released from liability to all persons entitled to draw or demand payment under the letter of credit or guarantee. As a condition to our agreement to issue a letter of credit or guarantee,we may require you at any time to make with us a cash deposit,which may not accrue interest or earnings credit,and to grant us a security interest in the underlying goods and documents of title and/or any other property or accounts as we reasonably determine as security for your obligations to us. You will pay us Legal Expenses incurred by us in connection with each letter of credit or guarantee including without limitation our defense of any proceeding initiated by you to enjoin payment or negotiation by us of a letter of credit or guarantee even if you are awarded such relief,provided only that we have acted in good faith in defending such action. If you request the issuance of a letter of credit or guarantee listing one of your Subsidiaries or another entity as the account party,each such request will be considered a request by you for the issuance of a letter of credit or guarantee,and you will assume all liabilities and obligations with respect to such letter of credit or guarantee.You represent and warrant to us that you will derive substantial economic benefit from each underlying transaction relating to each request for the issuance of a letter of credit or guarantee listing your Subsidiary or another person as the account party.Your obligations under each letter of credit or guarantee will not be released or discharged if: • We fail to collect any payment under such letter of credit or guarantee directly from the Subsidiary or such other entity. • Any bankruptcy,reorganization,insolvency,receivership,moratorium or other such action effecting creditors generally is filed by or against the Subsidiary or such other entity. AD-AG-0455B(2010) 45 • We receive payment from the Subsidiary or such other entity,but it is subsequently rescinded or must be returned by us. OUR RESPONSIBILITIES If we accept your request,we will issue the commercial or standby letter of credit as described in your electronic or fax(if electronic is unavailable)transmission and pursuant to this Booklet and the UCP(with regard to commercial letters of credit)and ISP98(with regard to standby letters of credit).If we accept your request,we will issue the guarantee as described in your electronic or fax(if electronic is unavailable)transmission and pursuant to this Booklet. We will pay each commercial letter of credit pursuant to its terms,this Booklet and the UCP.We will pay each standby letter of credit pursuant to its terms,this Booklet and the ISP98.We will pay each guarantee pursuant to its terms and this Booklet. CHANGE OF LAW OR REGULATION If,subsequent to the issuance date of a letter of credit or guarantee,we determine that the introduction of or any change in the interpretation of any law,rule,regulation or guideline or the request of a central bank or other governmental authority will increase our costs relative to our providing the Electronic Trade Services Standby and Commercial Letters of Credit-Issued Service,as set forth below,then,on demand,you will pay us additional amounts sufficient(as determined by us)to compensate us for such increased cost. Such increased costs could include: (i)reserve,deposit,assessment or similar requirements or(ii)increases in capital adequacy requirements. DEPOSIT ON TERMINATION EVENT If there occurs an event which permits us,under the Suspension and Termination section of this Booklet,to terminate this Service immediately,you will deposit with us,on demand and as cash security for your obligations to us,an amount equal to the aggregate undrawn amount of the letters of credit and guarantees issued by us in the same currency as the letter of credit or guarantee,or,at our option,its equivalent in U.S.Dollars or the currency of the country in which the letter of credit or guarantee was issued.You will not withdraw any amount so deposited except to the extent such amount exceeds the undrawn and unreimbursed amount of the letter(s)of credit and guarantees.If the amount deposited by you under this Booklet for a letter of credit or guarantee is in a currency different than the currency in which such letter of credit or guarantee is payable and the amount so deposited becomes less than the value of the undrawn amount of the letter of credit or guarantee because of any variation in rates of exchange,you will deposit with us additional amounts in such other currency so that the total amount deposited by you under this Booklet is not less than the equivalent value of the undrawn amount of the letter of credit or guarantee,determined by using the rate of exchange quoted by us on the date of our latest demand. OPEN ACCOUNT Our Electronic Trade Services Open Account Service permits you electronically to(i)inform us of your purchase order details,instruct us on examining required documents for compliance with your purchase orders and instruct us to pay the presenting party and(ii)provide notification to your vendors of open account transactions initiated through electronic means. Purchase Orders.You will electronically transmit to us,in accordance with applicable User Documentation,files of purchase orders you have sent to your vendors with instructions to present documents to us.The electronic files will be in such format(s)and transmitted through such channel(s)as you have selected and we have approved.If you are not requesting us to issue a commercial letter of credit,each transaction will be flagged as an"open account" payment type. When we receive required documents,we will review them according to your purchase order terms.If and as provided by the open account payment type selected by you,we will match the documents against the pertinent AD-AG-0455B(2010) 46 purchase orders housed on our electronic database in accordance with the parameters established by you and accepted by us.If you have sufficient Collected and Available Funds in the account you have designated,we will pay the presenting vendors as provided under the open account payment type selected by you from the following three types: • Importer matching—you match the documents against your copy of the pertinent purchase order and instruct us how much to pay to the presenter and when to pay. • Bank matching—we match the documents against our electronic file of the pertinent purchase order, following the parameters established by you;we then electronically inform you,indicating whether they are compliant or non-compliant,and await your payment instructions. • Auto-pay—we match the documents as described above,and,if we determine they are compliant,make payment to the presenter;if we determine that the documents are non-compliant,we make payment only upon your express instructions. Notification of Open Account Transactions.With respect to open account notification letters,we will notify,by Electronic Trade Services,fax,courier or mail as instructed by you,your vendors of(i)our receipt of such notices naming them as vendor and(ii)any payments made pursuant to drawings under such open account transactions. STANDBY LETTERS OF CREDIT-ADVISED(CONFIRMED/UNCONFIRMED) Our Electronic Trade Services Standby Letter of Credit-Advised Service includes,but is not limited to,allowing you to receive advice,by electronic transmission,of(i)our receipt of any standby letter of credit naming you as beneficiary; (ii)our confirmation of any such letter of credit;(iii)the status of any documents or payments with regard to any Standby Letter of Credit-Advised;and(iv)any payment made pursuant to a drawing under any such letter of credit. You may elect to have Standby Letters of Credit-Advised of a Subsidiary or other entity reported to you with our Electronic Trade Services Standby Letter of Credit-Advised Service.You agree that the Subsidiary or other entity will provide us with a written authorization,in a form acceptable to us,for us to make that Subsidiary or other entity's information available to you. General.The Standby Letter of Credit-Advised and the Full Transfer(as described below)must be subject to UCP or ISP98,and our rights hereunder are in addition to rights we have under UCP or ISP98,as applicable. Full Transfer.You may request the transfer of all of your rights as beneficiary of a Standby Letter of Credit- Advised by submitting to us,for each transfer,a request providing the following information: • Standby Letter of Credit number • Name of issuing bank • Our advice number • Name and address of second beneficiary's advising bank • Name and address of second beneficiary • Date of application If we approve the transfer,we will place the appropriate endorsement on the Standby Letter of Credit-Advised and send it to the second beneficiary or send the second beneficiary a transferred letter of credit document prepared by us.The second beneficiary will have sole rights as beneficiary,whether existing now or in the future,including sole rights to agree to any amendments,including increases or extensions or other changes.You must provide us the original Standby Letter of Credit-Advised and any existing amendments.You understand that we may,at our sole discretion,refuse to approve any Full Transfer to a second beneficiary.You acknowledge that due to conditions of the original Standby Letter of Credit-Advised,certain proprietary information may be disclosed to the second AD-AG-0455B(2010) 47 beneficiary and/or to the applicant under the original Standby Letter of Credit-Advised.We will have no liability to you in the event of such disclosure and,in such event,you will indemnify and hold us harmless from all claims of third parties.You acknowledge that your rights as beneficiary in the original Standby Letter of Credit-Advised are irrevocably transferred to the second beneficiary(ies)who shall have sole rights.In that connection,your approval is not required for us to honor a discrepant presentation made by the second beneficiary. For our transfer fee,we may debit your account(s)with us,which you may designate subject to our reasonable approval.You also agree to pay us on demand any expenses which may be incurred by us in connection with this transfer. Partial Transfers.We do not permit partial transfers of Standby Letters of Credit-Advised. COMMERCIAL LETTERS OF CREDIT—ADVISED (CONFIRMED/UNCONFIRMED) Our Electronic Trade Services Commercial Letter of Credit-Advised Service includes,but is not limited to,allowing you to receive advice,by electronic transmission,of(i)our receipt of any commercial letters of credit naming you as beneficiary; (ii)our confirmation of any such letter of credit; (iii)the status of any presentations or payments with regard to any Commercial Letter of Credit-Advised;and(iv)notification of any payment pursuant to a presentation under any such letter of credit.The Commercial Letter of Credit—Advised Service also facilitates electronic preparation of required documents under such advised letters of credit using electronic data captured through our electronic advising process. You may elect to have Commercial Letters of Credit-Advised of a Subsidiary or other entity reported to you with our Commercial Letter of Credit-Advised Service.You agree that the Subsidiary or other entity will provide us with a written authorization,in a form acceptable to us,for us to make that Subsidiary or other entity's information available to you. You may prepare required documents based on your Commercial Letter of Credit-Advised details.You may then edit and locally print those documents and courier them to us for presentation. General.All Commercial Letters of Credit-Advised(and any transactions thereunder,including transfers)must be subject to the UCP and our rights herein are in addition to rights we have under the UCP. REQUESTS FOR TRANSFERS Partial Transfers.You may request the partial transfer of your rights as beneficiary,with or without substitution of invoices,of Commercial Letters of Credit-Advised by submitting to us,for each transfer,a request providing the following information: • Date of application • Whether the transfer is with or without substitution of invoices and/or drafts • Whether you refuse to allow amendments to be passed automatically to the second beneficiary without your consent • Our Commercial Letter of Credit-Advised reference number • Name of issuing bank • Name and address of second beneficiary • Name and address of second beneficiary's advising bank • Amount to be transferred • Description of merchandise subject to the transfer AD-AG-0455B(2010) 48 • Unit price(if any) • Expiration date for the transferred Commercial Letter of Credit-Advised • Latest shipment date for the transferred Commercial Letter of Credit-Advised • Number of days after shipment within which documents must be presented for the transferred Commercial Letter of Credit-Advised • Insurance percentage(if applicable)for the transferred Commercial Letter of Credit-Advised If we approve the transfer,we will advise the second beneficiary of the terms and conditions of the transferred credit by full text teletransmission,mail/airmail or courier(as we deem appropriate). With respect to all partial transfers,whether with or without substitution of invoices,you may refuse to allow us to notify the second beneficiary(ies)of any future amendment(s)received under the original Commercial Letter of Credit-Advised. If you elect transfer with substitution of invoices,then,on our first demand,you will deliver to us within one(1) Business Day your draft,commercial invoice and any other required documents in compliance with the terms of the original Commercial Letter of Credit-Advised.The draft and documents are in substitution of those presented by the second beneficiary.When(i)the documents of the second beneficiary and the substitution documents from the first beneficiary are determined to comply with the terms of the Commercial Letter of Credit-Advised or,if determined to be discrepant,are taken up by the issuing bank and(ii)we are in receipt of funds,we will pay you in accordance with your instructions for the amount of the difference between your draft and the draft of the second beneficiary, less any fees due and payable to us in connection therewith.If you fail,at our first demand,to deliver to us your drafts,invoices and other required documents as stated above,you acknowledge our right to present invoices and other documents received from the second beneficiary in accordance with the instructions of the original Commercial Letter of Credit-Advised.You also understand that we will not pay you the difference between the amount of the draft of the second beneficiary and the amount authorized to be paid to you under the original Commercial Letter of Credit-Advised. Full Transfers.You may request the transfer of all of your rights as beneficiary,without substitution of invoices,of Commercial Letters of Credit-Advised by submitting to us,for each transfer,a request providing the following information: • Date of application • Our Commercial Letter of Credit-Advised reference number • Commercial Letter of Credit-Advised number(issuing bank's number) • Name of issuing bank • Name and address of second beneficiary • Name and address of second beneficiary's advising bank • Amount to be transferred If we approve the transfer,we will place the appropriate endorsement on the Commercial Letter of Credit-Advised and send it to the second beneficiary or send the second beneficiary a transferred letter of credit document prepared by us.The second beneficiary will have sole rights as beneficiary,whether existing now or in the future,including sole rights to agree to any amendments,including increases or extensions or other changes. For any transfer,you must provide us the original Commercial Letter of Credit-Advised and any existing amendments.You understand that we may,at our sole discretion,refuse to approve any full or partial transfer to a second beneficiary.You acknowledge that due to conditions of the original Commercial Letter of Credit-Advised, certain proprietary information may be disclosed to the second beneficiary and/or to the buyer under the original AD-AG-0455B(2010) 49 Commercial Letter of Credit-Advised.We will have no liability to you in the event of such disclosure and,in such event,you will indemnify and hold us harmless from all claims of third parties.You acknowledge that your rights as beneficiary in the original Commercial Letter of Credit-Advised(up to the amount shown in your request with respect to partial transfers)are irrevocably transferred to the second beneficiary(ies)who shall have sole rights(but only up to the amount shown in your request in the case of a partial transfer).In that connection,your approval is not required for us to honor a discrepant presentation made by the second beneficiary. For our transfer fee,we may debit your account(s)with us,which you may designate subject to our reasonable approval.You also agree to pay us on demand any expenses which may be incurred by us in connection with this transfer. INFORMATION REPORTING AND IMAGE ACCESS We will make available to you,subject to the terms of the Information Reporting section of this Booklet,reports including,but not necessarily limited to,standby letter of credit transactions issued and/or advised,commercial letter of credit transactions issued and/or advised,bankers'acceptances,collections and open account transactions, as more fully described in the applicable User Documentation. We will also make available to you images including,but not necessarily limited to,your relevant documents as they relate to your letter of credit transactions,collections and open account transactions,as more fully described in the applicable User Documentation. SUPPLY CHAIN SUPPLY CHAIN BUYER Our Electronic Trade Services Supply Chain Service permits you electronically to(1)upload invoices that you have approved for payment,(2)make these uploaded invoices available to your vendor for early financing,(3)make payments on these uploaded invoices and(4)inquire and report on the status of these uploaded invoices. Invoice Upload.You will electronically transmit to us,in accordance with applicable User Documentation,files of invoices that you have approved for payment on a future date and which you wish us to make available to your vendors for early financing.The electronic files will be in such format(s)and transmitted through such channel(s)as you have selected and we have approved. Approval of Uploaded Invoices and Payment.Once invoices have been made available to the vendor,we will,at our discretion,respond to their request for early financing and will pay the vendors accordingly.On the maturity date of the invoice,we will collect funds from the account you have designated.If your vendor decides not to discount an invoice,you will,at maturity date,make payment to them through us. Reporting.Information reporting is available to you on the status of each invoice and payment related to each such invoice as further described in the applicable User Documentation. SUPPLY CHAIN SELLER Our Electronic Trade Services Supply Chain Service permits you electronically to(1)select invoices that you wish to be considered for early financing and(2)inquire and report on the status of these selected invoices. Invoice Selection.You will have visibility into approved invoices that are available for discounting which you can group together and electronically request us to finance.On receipt of a request from you,we will discount these invoices at an agreed upon rate from the date of discount until maturity.We are not obligated to discount each invoice,and will treat them on a case by case basis.If you decide not to discount an invoice,you will,at maturity date,receive payment from your buyer through us. AD-AG-0455B(2010) 50 Reporting.Information reporting is available to you on the status of each invoice and payment related to each such invoice as further described in the applicable User Documentation. With regards to all Services covered by our Electronic Trade Services Supply Chain Service,more detailed terms and conditions can be found in the applicable Supply Chain Service Documentation to be entered into by you,us and your vendor or buyer,as applicable.To the extent a conflict exists between this Booklet and the applicable Supply Chain Service Documentation,the terms and conditions in the Supply Chain Service Documentation will govern. SUPPLEMENTAL LIMITATION OF LIABILITIES AND INDEMNIFICATION FOR ALL ELECTRONIC TRADE SERVICES For each Electronic Trade Service,this section supplements the Limitation of Liability section of this Booklet. You have sole responsibility for determining the level of security you require and assessing the suitability of the security procedures for these Services.We have no duty to investigate the authenticity of any application,instruction or other communication you provide us using an Electronic Trade Service.Also,we will have no liability to you for acting upon any application,amendment or other communication purportedly transmitted by you,even if such application,amendment or message: • Contains inaccurate or erroneous information. • Constitutes unauthorized or fraudulent use of an Electronic Trade Service. • Includes instructions to pay money or otherwise debit or credit any account. • Relates to the disposition of any money,securities or documents. • Purports to bind you to any agreement or other arrangement with us or with other persons or to commit you to any other type of transaction or arrangement. We are authorized,but not obliged,to rely upon and act in accordance with any application,instruction,consent or other communication by fax or other electronic transmission(including without limitation any transmission by use of our Software or a Website)received by us purporting to be a communication on your behalf without inquiry on our part as to the source of the transmission or the identity of the person purporting to send such communication.We are also authorized,but not obliged,to rely upon and act in accordance with any application,instruction,consent or other communication by telephone,purporting to be a communication on your behalf by an authorized person designated by you. AD-AG-0455B(2010) 51 GENERAL PROVISIONS ACCESSING SERVICES VIA THE INTERNET We may make certain Services available via one or more Websites.In addition to any other terms and conditions applicable to your use of such Websites,you agree as follows: We reserve the right to suspend your access to,and use of,a Website upon notice of a violation of any of the terms and conditions applicable to such access and use.In addition,we may suspend your access to,and/or use of,a Website immediately without notice where such action may be required to prevent interference with or disruption to services to other customers,to protect the integrity of our systems,or as may be required by law or regulation. Websites shall be used only for lawful purposes.Without limiting the foregoing,you agree not to use a Website in any way that would: • infringe any third party copyright,patent,trademark,service mark,trade secret or other proprietary rights or rights of publicity or privacy • be fraudulent or involve the use of counterfeit or stolen items • violate any law,statute,ordinance or regulation(including,without limitation,those governing export control,unfair competition,anti-discrimination,defamation or false advertising) • violate any contractual provision by which you are bound • be false,misleading or inaccurate • create liability for us or any service provider(s)or cause us to lose(in whole or in part)the services of any service provider • be defamatory,trade libelous,unlawfully threatening or unlawfully harassing • interfere with or disrupt computer networks connected to the network(s)used by you • interfere with or disrupt the use by any other customer of the Website and/or of any services accessed via the Website Violations of system and network security are prohibited,including but not limited to unauthorized access to,or use of,systems or data.You agree not to attempt to probe,scan or test the vulnerability of a system or to breach security or authentication measures or to seek to interfere with any system or network security.We will investigate violations of system and/or network security and may involve law enforcement if criminal conduct is suspected. Indirect or attempted violations of these terms and conditions by you,and any actual or attempted violations by a third party on your behalf,shall be considered violations by you. You agree to follow all our procedures and requirements with respect to security in accessing and using a Website and not to misrepresent your identity. Where passwords or other access information may be required,you are solely responsible for the security of such access information and will hold us harmless from any unauthorized access to or use of systems that may result from your failure to properly maintain the security of such access information. You agree to cooperate with us and any service provider(s)with regard to your access to,and use of,a Website, including providing such technical assistance and information as we may reasonably request. You agree to access and use Websites only for the purpose intended and not for any purpose of commercial exploitation. AD-AG-0455B(2010) 52 CHANGES TO A SERVICE You may request us at any time to change the processing instructions for any Service.We are not obligated to implement any requested changes until we have had a reasonable opportunity to act upon them.In making changes, we are entitled to rely on requests purporting to be from you.For certain changes,we may require that your requests be in writing,in a form and manner acceptable to us,or be from an authorized person you designate.In addition, certain requests for changes may be subject to our approval. We may change,add or delete any of the terms and conditions applicable to any or all Services upon 30 days prior notice to you in writing or by electronic means.Your continued use of or failure to terminate any Service,after the effective date of the change,will indicate your agreement to the change. COMMUNICATIONS Any written notice or other written communication to be given under the terms of this Booklet will be addressed to the applicable address specified on the Authorization and Agreement form you return to us,except as you or we specify otherwise in writing in conjunction with your accounts or particular Services.Notices are effective upon receipt,except as otherwise provided in this Booklet or any Materials. You agree that we may electronically monitor and/or record any telephone communications with you in those countries which permit that practice.If our records about any such communication are different from yours,our records will govern. If you choose to use unencrypted electronic mail to initiate payment requests or other instructions or otherwise communicate with us,your use of such electronic mail with respect to a Service will be subject to the terms and conditions of this Booklet and will comply with the applicable User Documentation.You further agree to bear the risk that such electronic mail may be corrupted,modified,garbled or hacked or its confidentiality may be breached by a third party and the risk that we will rely on such mail,which appears to be from you but which is unauthorized, and that such reliance will result in a loss.In addition,you agree that we may rely on the integrity of facsimile transmissions that you send us and you agree to bear the risk that the information we receive differs from that sent to us,and that such reliance will result in a loss. CONFIDENTIALITY OUR OBLIGATION We will maintain the confidentiality of information obtained from you in connection with Services we provide under this Booklet in accordance with our normal procedures for safeguarding customer information and the policy reflected in the Bank of America Corporation Code of Ethics,except as otherwise provided herein. YOUR OBLIGATION You acknowledge our claim to proprietary rights in the Materials and that the Materials constitute our"trade secrets"or trade secrets of our licensors or vendors.You understand that all Materials are confidential and you will: • Safeguard the Materials at all times. • Establish and maintain procedures to assure the confidentiality of the Materials and any password or code subsequently changed by you. • Use the Materials only for the purposes for which we provide them. • Notify us promptly by telephone,confirmed in writing,if any Materials are lost or their confidentiality is compromised. • You will not,nor will you allow anyone else to,do any of the following without our prior consent: AD-AG-0455B(2010) 53 • Disclose any Materials to any person or entity,except to your employees and agents with a need to know the Materials. • Make any copies,in whole or in part,of any Materials in whatever form or medium(electronic,printed or otherwise)in which they may exist from time to time,except as provided in the Software License section. • Translate,reverse engineer,disassemble or decompile any Software or security devices. These confidentiality obligations continue after a Service you are using is terminated. You have sole responsibility for the custody,control and use of all Materials.You agree that no individual will be allowed to initiate a request or other instruction contemplated in this Booklet or to have access to any Materials without proper supervision and strict security controls.If a Service requires use of user identification codes or passwords,we will be fully protected in relying on the correct user identification codes and passwords,as described in the relevant User Documentation. GENERAL This section does not limit either party's ability to disclose information(i)that the other party has approved by prior writing for disclosure;(ii)that is disclosed to its professional advisors or auditors;(iii)that is or becomes public other than through a breach of these confidentiality obligations,(iv)that was in its possession or available to it from a third party prior to its receipt of it in connection with any Service,(v)which is obtained by it from a third party who is not known by it to be bound by a confidentiality agreement with respect to that information,(vi)as required or requested by any securities exchange or regulatory body to which either party is subject or submits or(vii)as otherwise required to be disclosed by law or by legal or governmental process. In addition,you agree(i)that we may disclose to our offices,affiliates,officers,employees and agents with a need to know any information we obtain about you and(ii)that those offices,affiliates,officers,employees and agents may disclose such information as permitted under the immediately preceding paragraph. You acknowledge and agree that data processing related to Services covered by this Booklet and your associated accounts,or the partial or complete delivery of certain Services,may take place in countries other than those where you and your accounts with us are located.You further understand that information concerning your relationship with us may be available on our electronic data system both for information management purposes and in order to enable you to benefit from our electronic banking services.You understand and agree that,as a result,your banking relationship information may be available to some of our offices,affiliates,officers,employees and agents outside the country or countries where you and your accounts are located.You authorize us to transmit your banking relationship information across national borders,notwithstanding the banking secrecy laws of any of the countries involved,as necessary or appropriate to provide any Services. It is possible that in providing the Services we will transmit Personal Data.We will only transmit Personal Data to our locations,to locations of our affiliates or to others in order to provide the Services.We may contract with others to provide data transmission or storage services to us.In that case,we will require that they treat Personal Data solely in accordance with our instructions.You agree to comply with any directions we may give you from time to time with respect to the Personal Data. Neither party will use the other's name or refer to the other party directly or indirectly in any solicitation,marketing material,advertisement,news release or other release to any publication without receiving the other party's specific prior written approval for each such use or release,except that we may use your name as a reference in service proposals if we obtain your prior oral approval for such use.In addition,the Bank may develop and use case studies related to and describing completed transactions between Bank and Client(the"Case Study")and use the Case Study in Bank's service proposals,marketing materials and Website. Prior to publishing or distributing the Case Study,Bank will provide a copy of the Case Study to Client for review and consent. AD-AG-0455B(2010) 54 This section also does not limit our ability or that of our affiliates to access and use transaction data related to any Service provided to you in connection with the management of our or their business. These obligations continue after any Service you are using is terminated. CURRENCY EXCHANGE RATES If a Request,an Entry,a check issued under the Check Issuance Services or a draft created under the Client-Printed Drafts Services involves a currency other than the currency in which the relevant account is denominated,your funds will be exchanged for such other currency at a current rate of exchange on or before the transfer or debit date, as the case may be,in accordance with our normal procedures(including applicable User Documentation).If we assign a currency exchange rate to your transaction,such exchange rate will be determined by us based upon market conditions.We consider many factors in setting our exchange rates,including without limitation exchange rates charged by other parties,desired rates of return,market risk and credit risk.You acknowledge that exchange rates for retail and commercial transactions,and for transactions effected after regular business hours and on weekends, are different from the exchange rates for large inter-bank transactions effected during the business day,as reported in The Wall Street Journal or elsewhere.Exchange rates offered by other dealers,or shown at other sources (including online sources)may be different from our rates.We do not accept any liability if our rates are different from rates offered or reported by third parties,or offered by us at a different time,at a different location,for a different transaction amount,or involving a different payment media(banknotes,check,wire transfer,etc.). Currency exchange rates fluctuate over time,and you acknowledge and accept the risks of such fluctuations:(i)in the case of Requests,between the time you initiate a Request and the time the transfer is either completed or is unwound due to a cancellation,amendment,rejection or return,(ii)in the case of checks,between the time you request us to create a check and the time we debit your account to cover such check and/or the time we re-credit your account if the check is stopped in accordance with the applicable stop payment procedures and(iii)in the case of drafts,between the time you print a draft,or request us to print a draft,and the time we transfer funds from your account to cover such draft. E-STATEMENTS If you use a Website,you will receive e-Statements electronically,unless you opt out.If you are not currently receiving e-Statements,we reserve the right to switch you to receipt of e-Statements unless you notify us that you wish to opt out.You may opt out by contacting your treasury services representative.You agree that this Booklet constitutes an agreement under the Uniform Electronic Transactions Act pursuant to applicable state law. FACSIMILE SIGNATURES In some countries,businesses use a variety of techniques to produce a facsimile signature manually or by means of a device or machine(each generally called a facsimile signature)as a convenient method for signing checks, documents and other items.If you choose to use a facsimile signature,you must provide us with a specimen of each facsimile signature. You are responsible for any withdrawal from your deposit account that bears or reasonably appears to us to bear your facsimile signature,regardless of by whom or by what means the signature was placed on the check.If you choose to use a facsimile signature,you are responsible,and we may pay a withdrawal and debit your account for any such withdrawal,even if(i)you have not presented us with a specimen facsimile signature;(ii)the size,color or style of the check is different from that of the check you use;or(iii)the size,color or style of the facsimile signature is different from that of the facsimile signature you use. You agree to compensate us for all losses,claims,damages or expenses,including Legal Expenses,that result from our payment of a withdrawal bearing a facsimile that reasonably resembles your facsimile signature. AD-AG-0455B(2010) 55 You are responsible for taking security measures and implementing procedures to prevent the forgery,theft or fraudulent or unauthorized use of your facsimile signature. GENERAL MATTERS AGREEMENT Except with respect to terms governing a Website to which you agree when you use a Service through such Website,this Booklet constitutes and represents the entire agreement between you and us regarding the Services we provide you anywhere in the world and supersedes and extinguishes all prior agreements,understandings, representations,warranties and arrangements of any nature(including requests for proposals and other sales material),whether oral or written,between you and us relating to any such Service(including any International Treasury Services Terms and Conditions booklet,but excluding the current Account Agreement).Except as otherwise expressly provided in this Booklet,this Booklet will be controlling in the event of any conflict between it and any relevant User Documentation,any other document or written or oral statement(including but not limited to any Account Agreement,except as applicable law requires otherwise),but excluding terms governing a Website as noted above.Current User Documentation is available upon request. This Booklet is binding upon each of your and our respective successors and permitted assigns.You may with our prior written consent,assign any of your rights or duties described in this Booklet.This Booklet is not for the benefit of any other person,and no other person has any right under this Booklet against you or us,and nothing contained in this Booklet creates any agency,fiduciary,joint venture or partnership relationship between you and us. NOTICE OF FINAL AGREEMENT.THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. GENERAL OBLIGATIONS We are responsible only for performing the Services expressly provided for in this Booklet.We may contract with an outside vendor in providing any of these Services. With respect to any Service,we will provide you with assistance by telephone at the numbers and during the hours specified by us in writing from time to time. You are responsible for maintaining the security of your data and ensuring that it is adequately backed-up.We are not responsible for your loss of your data. ORAL INSTRUCTIONS Except as otherwise provided in this Booklet with respect to compliance with any applicable Security Procedure,we may rely on oral instructions from any person who identifies himself or herself by a name which is included on a written list from you of persons authorized to give such instructions.You will update this list from time to time as necessary to reflect any changes in authorized persons.Except as otherwise expressly stated in this Booklet,we are not required to act on any instruction from any person or to give notices to any person. SEVERABILITY;NO WAIVER If any provision of this Booklet or the application of any such provision to any person or set of circumstances is determined to be invalid,unlawful,void or unenforceable to any extent,the remainder of this Booklet,and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful,void or unenforceable,are not impaired or otherwise affected and continue to be valid and enforceable to the fullest extent permitted by law. AD-AG-0455B(2010) 56 No delay or failure to exercise any right or remedy under this Booklet is deemed to be a waiver of such right or remedy.No waiver of a single breach or default under this Booklet is a waiver of any other breach or default.Any waiver under this Booklet must be in writing. GOVERNING LAW Except as otherwise expressly provided in this Booklet for a particular Service,with respect to each Service,this Booklet is governed by and interpreted according to(i)U.S.federal law and(ii)the law of(A)the state in the United States of America in which the account(or the principal account,in the case of multiple accounts)associated with such Service is located or,if there is no such state or no account associated with such Service,(B)the State of New York,without reference to the principles of conflicts of law of the U.S.and of such state. If you are headquartered,or are using a Service,outside the United States of America,and if requested by us,you must appoint an agent for service of process in England,Hong Kong,Singapore and/or the United States of America,and you irrevocably agree that any writ,summons,order,judgment or other document relating to or in conjunction with any proceeding,suit or action may be served on you in such jurisdiction. LIMITATION OF LIABILITIES ALL SERVICES OTHER THAN ELECTRONIC FUNDS TRANSFER SERVICES We are liable to you only for actual damages incurred as a direct result of our failure to exercise reasonable care in providing a Service. ELECTRONIC FUNDS TRANSFER SERVICES For Requests and Entries which are subject to UCC 4A,we are liable only for damages required to be paid under UCC 4A or the Fedwire Regulations,as applicable,except as otherwise agreed in this Booklet. For all Requests and Entries not subject to UCC4A and for all other obligations under the Electronic Funds Transfer Services sections,our liability is limited to actual damages,resulting directly from our willful misconduct or our failure to exercise reasonable care,not exceeding the following,as applicable:(i)in case of an excessive debit to your account,the amount of the excess plus compensation equivalent to interest;(ii)in case of payment to an account not specified by you,the amount of the payment plus compensation equivalent to interest;(iii)in case of any delay in crediting a debit Entry or Depository Transfer Check(DTC)to your account,the amount of compensation equivalent to interest for the period of delay; or(iv)in all other cases,the actual damages incurred by you.You will use reasonable efforts to assist us in recovering the amount of any overpayment for which we are liable. If we are obligated to pay interest compensation,we will pay such compensation or credit your account,as we determine,upon your written request.We calculate compensation for the relevant period as specified in the Account Agreement or as advised by your customer services representative. If you transmit a Request to us by way of a funds-transfer system or other third-party communications system not specifically required by us,the system is deemed to be your agent for that purpose.We are not liable to you for any discrepancy between the terms you transmit to such system and the terms it then transmits to us. ALL SERVICES In no event will we be liable for any indirect,consequential or punitive loss,damage,cost or expense of any nature or any economic loss or damage,expense and loss of business,profits or revenue,goodwill and anticipated savings, loss of or corruption to your data,loss of operation time or loss of contracts,even if advised of the possibility of such loss,damage,cost or expense. AD-AG-0455B(2010) 57 We will not be responsible for the acts or omissions of you or your officers,employees or agents(including but not limited to the amount,accuracy,timeliness or authorization of any instructions or information from you)or the acts or omissions of any other person or entity,including but not limited to any clearing house association or processor, any U.S.Federal Reserve Bank or any other country's central bank,any other financial institution or any Supplier, and no such person or entity will be deemed our agent. If you permit any Subsidiary or other person to access one of our Service installations on your premises through use of a remote access software package,we will not be responsible or liable for such Subsidiary or person's use or misuse of our Services or access to accounts owned by you and for which you did not authorize that Subsidiary or person to have access via your installation.We may and will treat all instructions and information received by us through this arrangement as provided by and for the benefit of you and subject to all our rights under this Booklet with respect to the pertinent Services. We will not be liable for and will be excused from any failure or delay in performing our obligations for any Service if such failure or delay is caused by circumstances beyond our control,including any natural disaster(such as earthquakes or floods),emergency conditions(such as war,riot,fire,theft or labor dispute),legal constraint or governmental action or inaction,breakdown or failure of equipment(including Internet failure),breakdown of any Supplier,or your act,omission,negligence or fault. We also will not be liable for any failure to act on our part if we reasonably believed that our action would have violated any law,rule,regulation or court order or decree. OVERDRAFTS With respect to a Service,we may,at our sole discretion,allow an overdraft to occur in your account.Except as we agree or advise you otherwise in writing,you must repay us immediately,without demand,the amount of such overdraft plus any overdraft charges.In such cases,the fact that we previously allowed an overdraft to occur does not obligate us to do so in the future.Additional terms and conditions contained in your Account Agreement may apply. PAYMENT FOR SERVICES You must maintain and designate account(s)with us which we will use for debiting or crediting with respect to all payments and deposits and related adjustments and charges.Except as otherwise provided,you must have Collected and Available Funds on deposit in your account(s)sufficient to cover such obligations.For purposes of satisfying your payment obligations,we may consider any overdraft line of credit or other arrangement you have with us. SERVICE CHARGES You will pay us for each Service you use according to our schedule of charges currently in effect for you,except as we agree otherwise(in writing)from time to time.At your request,we will provide you a copy of the current schedule of charges for the applicable Service.All charges are subject to change upon 30 days prior written notice to you(unless otherwise agreed in writing),except that any increase in charges to offset any increase in fees charged to us by any Supplier for services used in delivering any Service may become effective in less than 30 days. You will pay us for Software support in excess of that contemplated in the General Provisions sections of this Booklet.The charges for such extra support will be as specified by us before such charges are incurred or as otherwise agreed by you and us from time to time. We will,on a monthly basis,debit your account with us for payment of charges due,unless you arrange another payment procedure acceptable to us. AD-AG-0455B(2010) 58 TAXES All Service charges are exclusive of sales,value-added and use taxes,stamp and other duties and other governmental charges imposed on any Service or Materials and not based on our net income. Such taxes,duties and charges are payable by you. PROTECTION FROM THIRD PARTIES To the extent permitted by law,you will indemnify us against and hold us harmless from and defend us against any and all liabilities,claims,costs,expenses and damages of any nature(including Legal Expenses)arising out of or relating to disputes or enforcement of laws,fines or rules,legal actions,by parties other than you and us concerning any Service.The obligations contained in the preceding sentence will continue after a Service you are using is terminated.This section does not apply to any cost or damage attributable to our gross negligence or intentional misconduct. Further,with respect to any Service where we receive payment from a third party on your behalf,the amounts received(less related charges,disbursements and/or expenses)will be paid to you,except that if we are required to return any such payment received upon the insolvency,bankruptcy or reorganization of such third party or for any other reason,you will repay to us the amount paid to you together with interest thereon from the date we returned the payment and so notified you at the rate specified by us in our schedule of charges with regard to the applicable Service. REPRESENTATIONS AND WARRANTIES On and as of each day we provide any Service to you,you represent and warrant to us that: • Your agreement to each provision contained in this Booklet is a duly authorized,legal,valid,binding and enforceable obligation. • The debiting of any account as provided in this Booklet is not inconsistent with any restriction on the use of that account. • All approvals and authorizations required to permit the execution and delivery of the Agreement and Authorization form and any other necessary documentation,and the performance and consummation by you of the transactions contemplated under each Service,have been obtained,including but not limited to due authorization from each applicable third party to allow you to transfer funds and access information from such party's account. • Neither your performance of your obligations nor your use of any Service will facilitate illegal transactions,for example those prohibited by the Unlawful Internet Gambling Enforcement Act,31 U.S.C. Section 5361 et seq.,or otherwise violate any law,rule,regulation,judgment,decree or order applicable to you. • The Services you receive pursuant to this Booklet are for business use only and are not primarily for personal,family or household use. • There is no lawsuit,tax claim or other dispute pending or threatened against you which,if lost,would impair your financial condition or ability to pay us under the terms of this Booklet. RESOLUTION OF DISPUTES We try to resolve our clients' Service problems or disputes as quickly as possible.In most cases,we can resolve a problem by telephone. Any dispute or controversy concerning your use of Services described in this Booklet will be decided by binding arbitration conducted in the United States of America(except as you and we expressly agree otherwise)in accordance with the United States Arbitration Act(Title 9,U.S.Code)under the Commercial Arbitration Rules of AD-AG-0455B(2010) 59 the American Arbitration Association.Under these procedures,the dispute is submitted to a neutral person for determination in place of a trial before a judge or jury.Judgment upon the award made by the arbitrator may be entered in any court having jurisdiction. Without regard to the foregoing,any dispute or controversy that arises from an Electronic Funds Transfer Service will be decided by a judge without a jury in a United States of America federal or state court(except as you and we expressly agree otherwise in writing).This means that in these instances you waive any right to a trial by jury in any action or proceeding and agree that such action or proceeding will be tried before a judge without a jury. Either you or we may exercise self-help remedies or obtain provisional or ancillary remedies from a court.You or we may exercise or obtain these remedies at any time,even while the arbitration or trial by a judge is pending.By exercising or obtaining any such remedies,neither you nor we waive the right to request that a dispute or controversy be decided by arbitration or trial by a judge. SOFTWARE LICENSE This section applies to all Software we provide to you after you return the Agreement and Authorization form unless we provide you a separate license agreement for specific Software(including a"click-wrap"Software license you may obtain from us by downloading from our Website). LICENSE For each Software application we provide to you for one or more Services,we grant you a non-exclusive,revocable, non-transferable license for the use of that Software and any Materials related to the Software that we provide to you.Each license is granted solely for use in object code form only in connection with one or more Services.You may use the Software only in accordance with the applicable User Documentation. The Software,its source code,the Materials and all copyright,patent,trademark,trade secret and other rights in them are and will remain the exclusive property of us or our licensors.You will secure and protect the Software and Materials(including all copies)in a manner consistent with the maintenance of our rights and those of our licensors. In order to protect those rights,you will reproduce and incorporate copyright notices and all other proprietary legends prescribed by us in any permitted copies.You may not remove,obscure or otherwise tamper with or alter any such notices or legends affixed to or otherwise contained in the Software or Materials(or copies).You will also take appropriate action to instruct and obligate your representatives who are permitted access to the Software and/or Materials(including copies)to comply with your obligations to protect the Software and Materials. We are obligated to provide you only with those updates,upgrades or new releases of Software which we make generally available to our other customers who license the same Software.Any corrections,updates,upgrades or new releases that we provide to you must be installed by you promptly or by such later time as we specify,and will be deemed part of the Software upon delivery to you.We will provide support only for the most current version of Software we have provided to you. You will,at your expense,cause a computer to be installed and kept in good condition and working order at your site for use of the Software.The computer and its components must be equipment which is acceptable,as specified by us from time to time. At our option,we may assist you with the installation of Software on your computer and/or with the training of persons who will use the Software,but we will not bear any responsibility for(i)such training or(ii)the proper installation or use of the Software.Except as you and we may agree otherwise,you will be deemed to have accepted the Software upon its installation. AD-AG-0455B(2010) 60 If we have provided you with Software to be installed on your computer,you may not install the Software on more than one computer or electronically distribute it to any other computer,without our prior written approval and the payment of any fees that we may assess.You may move the Software to another computer replacing the one on which the Software was originally installed or to another site,but only after you give us notice,in writing or by electronic means approved by us for such purpose,specifying the new computer and site.If we have provided you with Software to be installed on your network server,you may not electronically distribute,or allow anyone else to electronically distribute,the Software except from the network server on which it is installed to workstations on that network.You will provide us notice,in writing or by electronic means approved by us for such purpose,each time you install the Software on more than one computer(subject to our prior written approval)or electronically distribute the Software to a workstation on that network,as applicable,in each case indicating the location and the date of such installation or distribution. You may not(i)sell,assign,transfer,license,sublicense or publish the Software or Materials(including any permitted copies),(ii)disclose,display or otherwise make available the Software or Materials(including any permitted copies)to third parties,or(iii)copy,or allow anyone else to copy,the Software or Materials,without our prior written approval,except that you may make two copies of the Software for backup and/or archival purposes. In the event that we provide you with our prior written approval to make an additional copy of the Software,you will(i)pay us any fees assessed by us and(ii)provide us notice,in writing or by electronic means approved by us for such purpose,of the location and the date of such copy. You will provide us with reasonable access to the Software and Materials at your site to provide assistance or to verify the status or location of the Software and Materials.In addition,we may audit your site and have access to the Software and Materials provided to you to confirm compliance with this Software License section.Furthermore,we may audit your site and have access to such Software and Materials if you fail to provide us with any notices or reports,or if we reasonably believe you are using unauthorized copies of the Software and/or Materials,using the Software and/or Materials in an unauthorized manner,and/or otherwise failing to comply with any of the terms and conditions of this Booklet. You may not alter,repair,modify or adapt any Software or Materials,including,but not limited to,translating, reverse engineering,decompiling,disassembling or creating derivative works from it. You will inform our client support unit of all errors,difficulties or other problems with the Software of which you become aware.We may make reasonable efforts to fix or provide workarounds for any material errors reported to us and to provide you with support and consultation concerning the Software.Any such efforts,support and consultation will be determined by us,in our sole discretion.You will cooperate with us in the expeditious resolution of such errors,difficulties or other problems by providing us,on request,a listing of input,output and all other data which we may reasonably request in order to reproduce operating conditions similar to those present when such errors,difficulties or other problems were discovered. Your license to the Software and Materials will terminate automatically if you breach a material term of this Software License section or the license,or if the Services for which you are using the Software are terminated.In addition,in the event of a breach of your confidentiality obligations with respect to the Software,we may seek any remedy provided by law or equity. LIMITED WARRANTY/DISCLAIMERS You acknowledge that the Software and Materials have not been produced to meet your specific requirements and have not been tested in every possible combination and operating environment.You are responsible for satisfying yourself that the Software and Materials are satisfactory for your purposes. You further understand and agree that we make no representation concerning the completeness,accuracy, timeliness,operation or performance of the Software and/or Materials or their compatibility with any hardware.You AD-AG-0455B(2010) 61 acknowledge and agree that the operation of the Software may not be uninterrupted or error-free and that the Software and Materials are provided on an"AS IS"basis. We warrant that the Software will substantially conform to the documentation provided with the Software for a period of 30 days after delivery to you,provided that(i)the Software has been used by you in strict compliance with the terms and conditions of this Booklet and the Materials,(ii)the Software has not been modified in any way by you,and(iii)you promptly notify us and reproduce for us any defects,errors or bugs in the Software which result in the Software not substantially conforming to such documentation.In the event that such warranty is breached,we shall,at our option,(i)use reasonable efforts to correct or work around any such defects,errors or bugs or(ii)accept return of the Software and refund any license fees paid by you for the Software. You agree that the foregoing is your sole and exclusive remedy for breach of warranty and our sole obligation in connection with the performance or operation of the Software and Materials. Except as specifically stated above and in the Infringement Indemnity subsection below and notwithstanding any other provision in this Booklet or otherwise,we make no representation or warranty,express or implied,written or oral,and,to the full extent permitted by law,disclaim all other warranties including,but not limited to,the implied warranties of merchantability or fitness for a particular purpose,regarding the Software,the Materials,any CD- ROM/DVDs provided to you,and all other property,services or rights covered by this Booklet. To the extent permitted by applicable law,and except as otherwise provided in this section,we will not be liable for damages of any kind arising out of the provision of,use of,or inability to use,the Software and/or Materials. You agree that the United Nations Convention on Contracts for the International Sales of Goods will not apply to our provision to you or your use of any Software and/or Materials. INFRINGEMENT INDEMNITY Notwithstanding your indemnity of us in the Protection From Third Parties section of this Booklet and except as otherwise provided in this Booklet,we will defend at our own expense or settle any action brought against you to the extent it is based on a third party claim that your use of the Software and/or Materials provided by us to you pursuant to this Booklet infringe any Berne Convention country copyright or any United States of America or United Kingdom patent,trade secret or trademark of any third party,and we will pay all costs and damages finally awarded in any such action. Our obligations under this indemnity are subject to(i)prompt notice from you of any such claim or action,(ii)your not having made any admission of liability or agreed to any settlement or compromise,(iii)your providing to us,in a prompt and timely manner,the documents,information and assistance we reasonably request,(iv)our having sole control of defending such claim or action,(v)your having used the current version of the Software and Materials,as provided to you by us,in compliance with the terms and conditions of this Booklet,(vi)your using the Software and Materials only in the manner for which the Software and Materials were designed,(vii)your not modifying the Software and Materials,and(viii)your not incorporating the Software and Materials with products not approved by us.You acknowledge and agree that our obligations under this indemnity are our only obligations to you with respect to any infringement claim in connection with your use of the Software and/or Materials. EXPORT CONTROLS You understand and acknowledge that any obligations that we may have to provide Software,any Materials,data, technical assistance,training and related technical data,and any media in which any of the foregoing is contained (all of which shall be collectively referred to as"Data")will be subject in all respects to all applicable laws and regulations as shall from time to time govern the export or diversion of certain products and technology to and from certain countries.You warrant and agree that you will comply in all respects with the export and reexport AD-AG-0455B(2010) 62 restrictions applicable to the Data shipped and/or provided to you and that you will comply with all applicable laws and regulations governing the export and diversion of the Data. IMAGE SERVICES - SUPPLEMENTAL CD-ROM/DVDs SOFTWARE LICENSE PROVISIONS This subsection supplements this Software License section with respect to Software we provide for the Image Services,under which we provide you with CD-ROM/DVDs,and shall control in the event of conflict between it and the balance of the Software License section.This subsection does not apply to the Image Lockbox Service.If we provide you a CD-ROM/DVD which contains a media defect or is unreadable in its entirety,you must notify us in writing of such defect within 30 days after the CD-ROM/DVD creation date appearing on the CD ROM/DVD.If you provide us with such notice within such time period,we will use reasonable efforts to replace the CD- ROM/DVD.You acknowledge and agree that this shall be our sole obligation and your sole remedy with respect to any such defects in the CD-ROM/DVD. Notwithstanding anything to the contrary in the Suspension and Termination section of this Booklet,if an Image Service under which we provide you with CD-ROM/DVDs is terminated for a reason other than your breach of any terms and conditions in this Booklet,you may continue to use the Software and Materials for such Service after termination of such Service for six months,or for such longer period as we approve,subject to the terms of this Software License section or such other software license agreement as we,at our election,require you to sign for this purpose.At the end of such six-month or longer period,the license for your use of such Software and Materials will then terminate automatically. SUSPENSION AND TERMINATION If at any time we believe(i)that our provision of any Service to you may create a risk of financial loss for us or result in an unacceptable credit exposure to us,or(ii)that an account associated with any Service may be subject to irregular,unauthorized,fraudulent or illegal activity,we may,in our sole discretion,immediately,without prior notice to you,suspend or modify our provision of any such Service until such time that such risk,exposure,or activity is eliminated or otherwise resolved,notwithstanding anything to the contrary in this Booklet.Either you or we may terminate any or all Services upon 30(60 in the case of Corporate Card Services)calendar days prior written notice to the other party.Notwithstanding the foregoing sentence,we may terminate any or all Services effective immediately,and we will send you notice of the termination,if any of the following occurs: • You breach any of the terms and conditions in this Booklet or any other agreement with us. • You terminate,liquidate or dissolve your business or dispose of a substantial portion of your assets. • You fail generally to pay your debts as they become due. • You,voluntarily or involuntarily,become the subject of any bankruptcy,insolvency,reorganization or other similar proceeding. • You initiate any composition with your creditors. • You experience a material adverse change in your fmancial condition or your ability to perform your obligations under the terms and conditions in this Booklet. • Any guaranty of your obligations to us terminates,is revoked or its validity is contested by the guarantor, or any of the events set forth in the above five bullet points attributable to you occur to the guarantor. • The account necessary to provide any Service is closed. If a Service you are using is terminated for any reason,you will do the following: • Immediately stop using any Materials relating to the terminated Service. • Erase or delete any Software we have provided relating to the terminated Service to the extent it is stored in your computers. AD-AG-0455B(2010) 63 • At our option,either return to us or destroy all Materials relating to the terminated Service and certify to us that you have done so. These obligations will continue after a Service you are using has been terminated. Termination of a Service you use does not affect your payment obligations for services we provide to you before the Service is terminated,and any such termination is in addition to our other rights under applicable law and under the terms of this Booklet.Also,termination of any Service you use does not release you or us from any of our respective obligations which arose or became effective before such termination.Upon termination,all amounts owed by you and outstanding will become immediately due and payable. AD-AG-0455B(2010) 64 GLOSSARY OF TERMS communicating with us with respect to the Card Accounts. The following are some important terms that Cardholder.Your employee or any other person appear in this Booklet. who you designate in writing and who we Acceptable Payee.Your name and any other approve to receive a payee name you provide to us as an acceptable Card Account or a Commercially Prepaid Card. payee for checks to be processed under the If you or a Cardholder makes a Commercial Lockbox Services. Prepaid Card,a Card Account number or Account Agreement.The current signature card, Convenience Check available to another party, International Account Agreement or SAOTC and that person will also be considered a Cardholder. the publication(s),as amended from time to time, Check 21.The Check Clearing Act for the 21 st we provide you containing terms and conditions Century Act, 12 CFR 229 or any successor applicable to each deposit,savings or current legislation.Any IRD created and deposited to account for which you use a Service. your account must comply with all the ATM.Automated teller machine. requirements mandated by Check 21. Bill Payment Service Provider.Any entity, Check Issuance Request.Using the Check which may include us, you authorize to deliver Issuance Service,a message transmitted from payments,remittance information and other you to us requesting us to issue a check on your related data from your customers to us for the behalf drawn on either accounts you maintain Electronic Bill Payment Consolidation Services. with us or accounts designated and owned by us. Biller.A non-consumer that is a member of the Collected and Available Funds.Funds in an Network and sends invoices to Payers. account equal to the ledger balance minus float which,in our reasonable determination,are not Business Day.Each day on which the bank or subject to a hold,dispute or legal process bank office providing or facilitating a Service is preventing their withdrawal. open for business related to that Service. Collector.Anon-consumer that is a member of Card.Each plastic charge card which we issue the Network and receives payments and for your Card Account under our Corporate Card remittance information from Disbursers. Services. Commercial Prepaid Card.A pre-paid Card Account.Each MasterCard or Visa magnetic strip-based plastic card issued by us for account which we issue to you or to a a Cardholder's purchase of goods or services or Cardholder under our Corporate Card Services, for cash withdrawals. including an account for which only an account number and no Card is provided. Company's Marks.Your trademark,tradename, service mark and/or designs which are used in Card Administrator.One or more individuals connection with the Corporate Card Services. designated by you in writing,as our primary Controlled Disbursement Account.One or contact for the Card Accounts,who is authorized to take actions necessary or appropriate to more demand deposit accounts maintained by pp ro p you with us and used in connection with our maintain the Card Accounts,including without Controlled Disbursement Services. limitation designating persons to receive Card Accounts,receiving communications from us Controlled Disbursement Point.Each bank related to the Card Accounts,requesting the office designated by us through which checks closure of Card Accounts and otherwise AD-AG-0455B(2010) 65 issued under the Controlled Disbursement selected by you as outlined in the applicable Service will be cleared or routed. User Documentation. Convenience Check.A check which we may eUCP.The rules for electronic presentation of provide to you to draw on a Card Account. documents under the UCP. Currency.When used in connection with the Federal Reserve Operating Circular 3.The Safe Connect Service,U.S.denominated cash Federal Reserve Board's Operating Circular 3, and any such other currency as is set forth in the Collection of Cash Items and Returned Checks. User Documentation. Fedwire Regulations.Subpart B of Regulation J Depository Transfer Checks(DTCs). of the Board of Governors of the Federal Depository transfer checks and preauthorized Reserve System of the United States of America, checks to debit Receivers' accounts to as amended from time to time. accomplish the same purpose as debit Entries. (Receiver is defined in the NACHA Rules.) FX Request.A request by means permitted under the Electronic Foreign Exchange Services Disburser.A non-consumer that uses the to enter into an FX Transaction. Payment Service to send Transaction Requests to us and on whose behalf we originate an Entry to FX Transaction.A transaction between you and a Collector. us,permitted under the Electronic Foreign Exchange Services,for the purchase of one Document Printing Request.Using the currency in exchange for the sale of another Document Printing Service,a message currency(including without limitation any transmitted electronically from you to us or our foreign exchange spot,swap or outright forward third party processor requesting us to print and transaction or option),including any transaction mail on your behalf statements,invoices and that effects the pre-delivery,extension,rollover other documents. or splitting of such a transaction. ECCHO.The Electronic Check Clearing House ICL.An image cash letter. Organization. Image.An Electronic Image or a Paper Image. Effective Entry Date.The date specified,in With regard to an Image of an original paper accordance with the NACHA Rules,on the Entry check,the check Image that is deposited with us by the Originator on which the Originator pursuant to the Commercial Deposits section of intends the Entry to be settled.(Originator is this Booklet shall be a"check"and/or an"item" defined in the NACHA Rules.) (as applicable)for all purposes under such Booklet section,any Account Agreement Electronic Funds Transfer Services.ACH between you and us relating to the collection of Services,International Electronic Funds Transfer checks generally,the Uniform Commercial Services and Wire Transfer Services. Code,the Expedited Funds Availability Act, Regulation CC,any other federal or state check Electronic Image.An image conforming to the law,and federal and clearinghouse rules,to the applicable industry standards for Images. same extent as that original is a"check"or an "item,"as applicable. Entries.Entries has the meaning provided in the NACHA Rules and also includes any data for International Account Agreement.A form of Entries and any prenotification. Account Agreement used in some countries. e-Statements.Statements with respect to which International Electronic Funds Transfer you opt for electronic delivery and which are Services.Electronic payment services for transfers to or from your account outside the AD-AG-0455B(2010) 66 United States of America or to or from your (including any other clearing house rules account in the United States of America to or applicable to automated clearing house from an account in a different country.These transactions),as amended from time to time. services include low-value batch payments made according to multiple requests within a single Network.The third-party owned PayMode", electronic data file.International Electronic network made up of Disbursers and Payers, Funds Transfer Services exclude ACH Services using the Payment and Invoice Processing within the United States of America and exclude Services,as well as Collectors and Billers. Wire Transfer services. Notice(s).In connection with the Notification International Transaction Fee.In using Services,notices provided by us to you that are Corporate Card Services,a fee that we may add associated with and related to the Services to the U.S.dollar amount of any Transaction that provided by us to you under the terms of this is made in a foreign currency. Bookletor other agreement between you and us. IRD.When used in connection with the Paper Image.An Image that is a paper Commercial Deposits section of this Booklet,an reproduction of the related physical check(the "Image Replacement Document"or substitute original paper item or substitute check created check,as set forth in Check 21,which provides from an image of the original paper item)created that a properly prepared substitute check that with image technology. meets the requirements for legal equivalence is the legal equivalent of the original for all Payer.A non-consumer that uses the Invoice purposes. Processing Service to receive invoices from Billers. ISP98.The"International Standby Practices 1998"developed by the Institute of International Payment Advice.Using the Client-Printed Banking Law&Practice and endorsed and Drafts Services,an electronic message published by the International Chamber of transmitted by you to us advising us that you Commerce or such later revision as may be have created a draft. adopted and be in effect on the date the subject standby letter of credit is issued. Personal Data.Information we receive from you in connection with the Services consisting of an Legal Expenses.Reasonable lawyer's fees, individual's bank accounts or other financial data allocated costs of staff counsel(unless prohibited or identifying a living individual. by applicable law),fees and expenses of litigation and any other fees and expenses PIN.A personal identification number which a incurred in enforcing any provision of this Cardholder may receive when activating a Booklet. Commercial Prepaid Card. Lockbox Address.The post office address we RCK.A"Re-Presented Check Entry"as defined assign to you or we accept from you for the in the NACHA Rules. Lockbox Services. Request.A request by means permitted under Materials.The Software,user identification the relevant Wire Transfer Service or codes,passwords,codes,keys,test keys,security International Electronic Funds Transfer Service devices,embedded algorithms,digital signatures to transfer funds to or from a specified account and certificates,other similar devices and or beneficiary(including standing instructions) information,User Documentation and related or to amend or cancel a prior request to transfer documentation we provide to you. funds. NACHA Rules.The rules of the National Automated Clearing House Association AD-AG-0455B(2010) 67 Reversal/Deletion Request.A request for a SAOTC.Each form of Standard Account Reversal or a request to delete a previously Opening Terms and Conditions used in certain delivered Entry. countries as an Account Agreement. Reversals.Data for reversing Entries.For the Security Procedure.Unless we agree otherwise Electronic Bill Payment Consolidation Services, with you,the applicable security procedure it includes data from a Bill Payment Service described in the Materials for your data delivery Provider for reversing a payment from one of its type or Service for verifying the authenticity of customers that was delivered to us by the Bill Entries,Requests,Reversal/Deletion Requests, Payment Service Provider. Payment Advices,Check Issuance Requests, Document Printing Requests,Stop Payment Safe.When used in connection with the Safe Requests,FX Requests,Transaction Requests or Connect Service,the equipment(and related Tax Payment Instructions. software and accessories)installed at the Safe Location and used by you for depositing Service.With respect to a Bank of America Currency.The Safe counts,records and reports Corporation subsidiary bank,a treasury the Currency deposited into and accepted by it. management service provided in a specific Bank location and covered by this Booklet. Safe Connect Service.The service described in the Commercial Deposits section of this Booklet, Software.Web-based applications accessed via whereby through your use of a Safe installed at a a Website and/or the programs and data files Safe Location,we receive Safe Feeds concerning provided by us for use on a computer in your deposits into such Safe,and afford such connection with one or more particular Services. deposits credit,which may be provisional,as described in this Booklet and in the User Standalone Account.One or more demand Documentation. deposit accounts maintained by you with us that is not linked to another account as part of a Safe Deposits.When used in connection with treasury service relationship or that is not linked the Safe Connect Service,deposits of Currency as a sub-account to another account in a treasury made by you and accepted into the Safe,with service relationship. respect to which we have received a Safe Feed. Statements.Account statements,account Safe Feed.When used in connection with the analysis,pricing information and other Safe Connect Service,an electronic file information relating to account activity or transmission received by us from the services,transactional activity and/or cash Transportation Provider,which Feed(i) management services with us and/or our originated from a Safe,(ii)was sent from the affiliates. Safe to the Transportation Provider,(iii)was then forwarded intact to us and received intact by Stop Payment Request.A message you send us us,and(iv)reports the purported value of all using the Electronic Stop Payment Services,the Currency accepted into the Currency validating Check Issuance and Document Printing Services portion of such Safe since the transmission of the or the Client-Printed Drafts Services to request last Safe Feed,or the first such Feed,as that payment be stopped on a check or draft applicable. which,in the case of the Electronic Stop Payment Services,must be drawn on an eligible Safe Location.When used in connection with account you have with us. the Safe Connect Service,the location(s),to be mutually agreed by you and us,at which the Safe Subsidiary.Any entity in which more than 50% may be located. of the ownership interest is owned,directly or indirectly,by you.The term"Subsidiary"does not include affiliates or other entities in which AD-AG-0455B(2010) 68 50%or less of the ownership interest is owned, by the state in the United States of America directly or indirectly,by you. whose law applies to a Service,as amended from time to time. Supplier.Any private or common carrier communication or transmission facility,any UCP.The Uniform Customs and Practices for time-sharing supplier or any mail or courier Documentary Credits,2007 Revision,ICC service. Publication No. 600 or such later revision as may be adopted by the International Chamber of SWIFT.The international electronic message- Commerce and be in effect on the date the transfer service known as the Society for subject letter of credit is issued. Worldwide Interbank Financial Telecommunication. Unauthorized Use.Use of a Card Account, Card or Convenience Check by a person(i)who Tax Payment Instruction.An instruction by is not your Cardholder,employee or agent,(ii) means permitted under the relevant Tax Payment who does not have actual,implied or apparent Service to pay any taxes using any of the tax authority to use the Card Account and(iii)whose forms specified in the applicable User use does not benefit you directly or indirectly. Documentation. Uniform Rules for Collections.The Uniform Transaction.The purchase or reservation of Rules for Collections,ICC Publication No. 522, goods or services or a cash advance made or or such later revision as may be adopted by the facilitated by use of a Commercial Prepaid Card, International Chamber of Commerce and be Convenience Check or Card Account. applicable to a collection. Transaction Account.One or more demand User Documentation.Any written information deposit accounts maintained by you with us or we provide you,including information in another financial institution and used in electronic format,as amended from time to time, connection with the Payment and Invoice which contains detailed instructions regarding Processing Services. the use of a Service,as provided by a particular banking center or office.User Documentation Transaction Request.Using the Payment may vary from one jurisdiction to another. Service,a message transmitted electronically Current User Documentation is available upon from you as a Disburser to us or our third party your request. processor requesting us to originate an Entry to a Collector on your behalf. Vault Location.When used in connection with the Safe Connect Service,the vault facility Transportation Provider.When used in where the vaulting and related cash processing connection with Safe Connect Service,the services are performed with respect to Safe armored carrier which you engage to transport Deposits. Safe Currency from the Safe to the Vault Location. Website.Any interset website and/or online access channel for use in accessing one or more UCC 4A.Article 4A of the Uniform Services. Commercial Code-Funds Transfers,as adopted All rights reserved.None of the enclosed material may be reproduced or published without permission. ©2010 Bank of America Corporation AD-AG-0455B(2010) 69 CITY OF DELRAY BEACH DELRAY BEACH All-America City i ya.3 July 22,2 014 2001 Sean Silverbush,Vice President Bank of America,N.,A 625 N.Flagler Dr, I U"Floor Nest Palm Beach, FL 33401 1 st-Two Year Renewal Option Annual contract Dear Mr. 5ilverbush, The annual contract for the above referenced Bid expires Qu September 30,2014. Per page ],Number 3 "Terns"of the General Conditions of this bid package,"The City way renew the contract: at the same terms, conditions, and prices for two (2) year extensions subject to vendors) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City"_ Please advise if this two (2) year extensions of your executed contract at prices dated August 16th would be acceptable. Please respond by Signing below and returning one original copy to my attention Shawn Innocent and I will distribute to the proper party (Jack Warner (CFO, Barbara Carlson (CAO)), City of Delray Bead, 100 N.W. First Avenue,Delray Beach,,Florida,33444 or by erna& innocent rn delra beach.corn. Sincerely, Shawn Innocent, Interim Treasury VT hereby agree to the two(2)year extensions of the subject Bid 0 I 7u le to provide a two(2)year extensions o tlae subject Bid Signature Date Name(print) w MEMORANDUM W TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney THROUGH: Noel Pfeffer, City Attorney DATE: August 22, 2014 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/CRA FOR QUIET TITLE OF THE BLOCK 13 ALLEYWAY BACKGROUND The City recently entered into an agreement with the Community Redevelopment Agency to reimburse the City for the costs and expenses required to quiet title to an alleyway in Block 13. The City Attorney initiated the Quiet Title action. The purpose of this amendment is for special counsel to conclude the Quiet Title action at CRA's expense. The CRA has agreed to increase the amount of attorney's fees it will reimburse the City from$1,854.90 to $7,500.00. DISCUSSION The item before the Commission is a request for approval of Amendment No. 1. RECOMMENDATION The City Attorney's Office recommends City Commission approval. AMENDMENT NO. 1 TO AGREEMENT AS TO BLOCK 13 THIS AMENDMENT NO. 1 to the AGREEMENT AS TO BLOCK 13 dated April 10, 2014 is entered into this day of , 2014, by and between the CITY OF DELRAY BEACH (hereinafter referred to as "City") and DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "CRA"). WITNESSETH: WHEREAS, the Parties acknowledge and agree that the Agreement between the Parties dated April 10, 2014 is in full force and effect and that this Amendment merely supplements said Agreement; and WHEREAS, the Parties have mutually agreed to increase the amount that the CRA will reimburse to the City for attorney's fees related to the Quiet Title action for the parcel of real property known as "Block 13" that is presently owned by the City. NOW, THEREFORE, in exchange for the mutual covenants and promises set forth herein, the Parties agree as follows: 1. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 3 of the Agreement of dated April 10, 2014 shall be amended as follows: 3. In consideration of the City agreeing to file the quiet title action, the CRA agrees that upon receipt of an invoice from the City, it shall reimburse the City for the following costs and expenses: a) Title update, commitment and Owner's Policy; and b) Filing fees, service of process files and publication costs associated with the lawsuit; and c) Expert witness fees, if any; and d) Attorney fees at an hourly rate of $61.83 $160.00, not to exceed $1,854.90 $7500.00, unless authorized in writing by the Executive Director of the CRA. 4. All other terms and conditions of the Agreement dated April 10, 2014, not expressly modified by this Amendment No. 1, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument under their respective seals the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to Form: City Attorney DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: , Chair ATTEST Diane Colonna, Executive Director STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2014 by (name of officer or agent, 2 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 3 AGREEMENT AS TO BLOCK 13 THIS AGREEMENT is made this\V f day o , 2014 between the _ DELRAY BEACH COMMUNITY REDEVELOPMENT AC'ENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as "CRA") and the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation(hereinafter referred to as"City"). WHEREAS,the CRA is engaged in redevelopment efforts in the West Atlantic Corridor; and WHEREAS, in its efforts to encourage and promote redevelopment of properties located in the West Atlantic Corridor, it has come to the attention of the CRA that the legal title to real property located in Block 13 cannot be legally determined to be vested in either the CRA or the City,and WHEREAS, the City is prepared and willing to initiate legal proceedings to obtain a legal determination that fee simple title to the certain alleyways and portions thereof will vest in the City; and WHEREAS, the CRA agrees and acknowledges that it is in the best interest of the CRA and in order to promote and facilitate its redevelopment efforts agrees to reimburse the City for the costs and expenses incurred by the City in its effort to obtain title to the alleyways located with Block 13; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the parties hereby agree as follows: 1. The above referenced Whereas clauses are ratified and confirmed. 2. In consideration of the CRA agreeing to reimburse the City for the costs and expenses as set forth below, the City shall, within thirty (30) days of receiving the Quit Claim Deed from Palm Beach County transferring the subject property to the City, file in the Circuit Court in and for Palm Beach County,Florida, a lawsuit to quiet title to the alleyways located in Block 13. 3. In consideration of the City agreeing to file the quiet title action, the C.RA agrees that upon receipt of an invoice from the City, it shall reimburse the City for the following costs and expenses: a) Title update, commitment and Owner's Policy;and b) Filing fees, service of process files and publication costs associated with the Iawsuit; and c) Expert witness fees,if any; and d) Attorney fees at an hourly rate of$61.83 not to exceed$1,854.90. IN WT NESS WHEREOF, the parties have heretofore set their hands and seals on the day and year frirst abor,re written. ATTEST: CITY OF DEL RAY B H,FLORIDA ", � � By: City Clerk .Glickstein,Mayor Appro-ved as to Fc2,n:(� CityAttorney it-f DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY A By: r.-.-- Diane Colonna,Executive Director Print Name:` V)NlZb LIPM9 , Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH �a r The fore oin instrument was acknowledged before me this n day of(Z.-�- - -• 013, by as ,Znn A Cname of officer or agent,title of officer or agent), of � or- (name of corporation aclmowledging), a c state or place of incorporation) corporation, on behalf of the corporation. He/She is perionally known to me or has produced (type of identification) as identification:__ 'Al"W'S,6 Susan B.Shaw - :��.�•_�,cr1�t.:+ �f T��Y�`�� ,ss!' No Public—State of Florida �Cmmhaon#tFF070388 y % p Expires: Nov,13,2017 wwWAA$0N1V0TARX0= H:1 GOV CLIENTSIDBCRA. 6551060018 DBCRAIAGMT 20131A p=cnt as to Block 13.doc (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The forego" gr' ment was acknowledged before me this� day of 2015 by '+3-- J s (name of officer or agent,title of officer or agent), of _ -� (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is 1> sonalh' known to me or has produced (type of identification) as identification. ��n "� " Susan B. Shaw Notary Public-State of Florida z --C MMi-ViW#FF07G388 eExpirea: NOV.13,2017 H:1 GOV CLIENTSIDBCRA 855/069018 ABCRAWLYMT 20MAgroement as to Block 13.doc loll CFM 20140104266 OR BK 26684 FrG 0711 PREPARED BY AND RETURN TO: RECORDED 03/25/2014 10:31:33 Steven K.Schlamp.Property Specialist Palo Beach County, Florida PALM BEACH COUNTY Y� PROPERTY&REAL ESTATE MANAUEMENT DIVISION ANT 10.00 2633 Vista Parkway Dota Steep 0.70 West Palm Beach,FL 3341 1-5605 Sharon R. Bock,CLERK i COMPTROLLER PCN: n/a C3 Pga 0711 - 720; (18pgo) Closing Date: t 4 Purchase Prices-0- R 2 &.' DI C- 0 0 3 5 8 COUNTY DEED This COUNTY DEED, made MAR 11 2014 , by PALM BEACH COUNTY, a political subdivision of the State of Florida, whose legal mailing address is 301 North Olive Avenue, West Palm Beach, Florida, 33401-4791, "County", and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, whose legal mailing address is 100 NW 1$t Avenue, Delray Beach,Florida 33444, "City". WITNESSETH: That County, for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars to it in hand paid by City, the receipt whereof is hereby acknowledged, has granted, bargained and sold to City, its successors and assigns forever, the following described parcels of land lying and being in Palm Beach County, Florida: Parcel 1 The W 15' of E 150' of S 585';the S 50' of N 635' of W 135';the S 35' of N 235' of E 135', Block 13, Map of the Town of Linton, Florida Plat (Delray Beach), as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, being the real property described under Tax Certificate Number 7804 in the Final Decree recorded in Chancery Order Book 185,Page 237,Public Records of Palm Beach County, Florida; Together with: Parcel 2 The S 50' of N 485' of W 135', Block 13, Map of the Town of Linton, Florida. Plat (Delray Beach), as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, being the real property described Under Tax Certificate Number 7807 in the Final Decree recorded in Chancery Order Book 185, Page 237, Public Records of Palm Beach County,Florida; Together with: Parcel 3 The S 50' of N 585' of W 135', Block 13, Map of the Town of Linton, Florida Plat (Delray Beach), as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, being the real property described under Tax Certificate Number 7808 in the Final Decree recorded in Chancery Order Book 185, Page 237, Public Records of Palm Beach County,Florida; of N 435' of W 135'), Block 13, Town of Linton, Florida Plat (Delray Beach), as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, being the real property described under Tax Certificate Number 12651 in the Final Decree recorded in Chancery Order Book 197,Page 176,Public Records of Palm Beach County,Florida. Parcels 1 through 4 being more particularly described in Exhibit "A" attached hereto and made a part hereof. Reserving, however, unto County, its successors and assigns, an undivided three- fourths ('/a)interest in, and title in and to an undivided three-fourths (3/4)interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half(%2) interest in all petroleum that is or may be in, on, or under said land. The aforementioned reservation of phosphate,mineral, metals and petroleum rights shall not include and County hereby expressly releases any and all rights of entry and rights of exploration relating to such phosphate,mineral,metals and petroleum rights. IN WITNESS VVHEREOF, County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor or Vice Mayor of said Board,the day and year aforesaid. ATTEST: R 26'14040 3 5 8 MU 112014 SHARON R. BOCK %hT w L,O PALM BEACH COUNTY,a political CLERK& COMP R �., subdivision of the State of Florida UNTY By: F A 2r By, ,. . Deputy C ks.�} Priscilla A. Taylor, Ma r APPROVED AS-TO FORM AND LEGAL SUFFICIENCY (OFFICIAL SEAL) By: Assis t unty Attorney 1PREM\P MWispositionsVklraySeacWley.20131L'ountyDoW.1,26-2014 hf app 2-6-2014,doex EXHIBIT "A" LE DESCRYP770M � = CEN7MM ALL CF BLOCK 13, TOWN CF LINTOVV (MOW DELRAY BEACH ACCCRD/NG TO 77-E FLAT I.R. = 518"A40N ROD W1774 CAP z4LB 353 TI-EREOF AS CCRDED #V PLAT B" I PAGE 3, OF 77-,fE PL UC RECORDS OF PALM BEACH COAC = COM2= COWTY, FLC OA, LESS THE Al0R7H 20.0 FEET ThEREOF; LESS THIE WEST 1350 FEET P= PLANTER ThEREGV; LESS 77-E EAST 135.0 FEET T!EREOF AAA LESS TtE EAST 1500 FEET OF 77-E NORTH WALL = WA7ER.AE7ER WO FEET ThERECIE TOGEThER WITH A HATLIS Af7EA DESCRIBED AS FOLLOWS.• B.FP. =BAC*IOW PREVENTFR TI-E EAST 13.'%0 FEET OF BLOCK 13, TOWN OF D.R.B. = CMCIAL RECORDS BOOK L/NT01V(NOW DELRAY BEACH), A COORDW TO ThE PLA T TIV EOF AS RECORDED /N FLA T BOOK = CHAIN LAK FENCE 1, PACE 3, PLEUC RECORDS OF PALM BEACH COUVTY, R-CRIDA, LESS 77-E IVIORTH 3000 ♦ ■ = WOOD FENCE FEET AAA LESS 77-C SOUTH 300.0 FEET 77 EREOIE = OVERhEAD U7ZJTY LAZES g 77f CENTERLA'1E OF S.W. 1ST AVEME IS ASSULED TO BEAR N.9000000'. SEC 17146143= SEC7701V 17, TOWNSh P' 46 SOUTH, RANGE 43 EAST R/W= fa6HTOFWAY S P.B. =PLAT BOOK r 774S SLRVEY SHOWS ALL EASEMENTS AND RIGHTS OF WA Y AS SHOWN IN A TTORNEYS' 77TLE FLA D ALL DISTANCES 5h00WN hERECVV ARE GROLW SERVICES, LLC, T17LE COWTrWW FLM FILE fi MESS STATED OThERW/SE &D 06 2DL3-00017644 DATED OCTOBER 4, 2013. , ALL BEARINGS SHOWN hERECN ARE B45 ED ON A EEARAVG BETWEEN PALM BEACH COUNTY BRASS DISK MARKING 77E N.E. CORDER OF SEC 17 146143 Af10 A PALM BEACH COUNTY BRASS DESK MARKING 77f EAST 1/4 CGRAER OF a SEC 171J46143 HA VM A GW 8EARVVG CF S01°32'23"E MAP OF AS-BUIL T SURVEY.� . S01°32'23' (G�ROLA5R7) ' S01°3223't (GRID) I MA CERTIFY THAT WS SINVEY WAS U4DE fJh4JIER MY RE$PONSIBLf CHARGE ANV A*= TP MMIYM N TE MICAL STANDARDS AS SET FORTH.BY,�h FLOI�IL7A. d ° N BOARD OF P,ROFF_S:SIONAL SLRVEYORS AAV AIAPPERS#V CHAPTER�A;J'—�l,,FLErI�lDA.:.••, O 0000 aoCKW1SE RoTAnON ADI MAIfSTRA77VE CODE, PLRSUANT TO SECTION 472.027,FLORVQ#�S�ANTES.�:'a (GROLAD TO GRD) SCALE FACTOR 10000465 :`, Al D. WT VALID wr MUT rW SVMTLfiE AAD SURVEYD . W?Ef? RE d9GML RAISED MAL OF A FLORrbA s� , LAXNSEV 5TAVEYOR AND AIAPPER °,co •'_ O'BRIEN. SUI TER & O'BRIEN -rIVC. LAND SURVEYORS CERTIRCATE OF AUTHORIZATION ILB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE.— PAUL A ENGLE 955 N.W. 17TH A VEIVE& SLNTE K-1, DEL RAY BEACH, FLORIDA 33445 (581) 276-4501 732-3279 FAX 278-2390 DATE OF Sarver &GALE. 1"- 2C)' DECEMBER 24 2012 MD WW PAGE Na SHEET 1 OF 8 OPM AM' D.3015 8 12 95ab 1L ra SHEET 3 � 1 I' I II SHEET .4 I Xz I it I SHEET 5 I � a a i I II � SHEET 6 , I I I - I I 'I SHEET 7 � I 1 I I — — —JI DATE. DECEMBER 21, 2012 OEREN SU & OERIEN RC CERTFCATE O F AUTHOR04 T 7 0N A8353 SHEET 8 SURVEYOR AAD MAPPER RN RESP LE CHARGE PA LfL D ENGLE SHEET 2 of 8 DEiRAY BEACH FLORDA 33445 1 560 276-4501 (569 732-3279 NOILMS 17 i-%N-A,-- 53.0' - - i I ��q a 33.0' I RIGHT OF WA Y PER o PLAT BOOK ; PAGE 3, � v r� -p r7i g r1l l m w.M. `rl rn o,n pl- m o oe Wco till X O A�o 20.0' c�s`�Z { , ROAD PLAT n PAGE 30 I 530'\° i I 3.�0' � 1 RIGHT OF WAY PER � � FI PLAT BOOK t PAGE 3I \ 1 2743.47 274,1600 MV o ' EV4 G10WR OF SEC 17146143 FOLM PALM 5F4CH COLAVTY BRASS DISC SWNVTa V A 1/ENY ' DATE.• DECEMBER 2x 2012 09MN SLATER & OSW9 INO CERTb-704 7E OIL AUTHOR 477ONILB353 SL ARVEYOR AAD MAPPER AV RE ME PAGE 3 OF 8 CHARGE.' PALL D. EAaE 955 NW. 17TH AVEM& 507E K-1 DELRA Y BEACH FLORUA 33445 (561) 276-4501 (56 0 732-3279 J.,�.4; I NOTE RVHT OF WAY, IF ANY, W. 7TH I�El1 II FOR 5:W. 7TH A 1/EM[U IS VICNOWN WEST L AE OF STOCK 13 b _ POS9 E RIGHT OF WAY UE I I I � I 11 SW 7TH AVEM E 0 P.C.IIL -013-0010 640 WEST A TL ANTIC A VEACE Ol-C1 , PAGE P.CJU 12-43-46-16-01-01.3-0011 I O.R.B. 12110, PAGE 1281 QRB 19915, PAGE 747 I N 1°30'39"W. I I 584.50' I � WA AR FOR SET IR. PCX E 774415.5041 �o 0 V) X71 957249.9439 N.1°32'31 �r s C cq 6016 WEST A7LAN77C AVEAlC.E � I� �1I 504.,55' P.C.N 12--,03-46-16-01- 013-0090 11 C 1�111 v ORB. 24264, PAGE 238 P I F, 100.01 I � 80.0' t 280.0' a' 1 EAST UAE OF BLOCK 13 I S.W. 5TH AVEN _ _ ° —I - - - 50'RIG77T OF M Y PER PLAT BOOK I PAGE 3 DATE: DECEMBER 24 2012 OMOV,, SUTER &.OSWN M CERTIFICATE OF AUTHa1ZATM ILB353 SUIVEYOR AAV MAPPER W RESPON-91XE PAGE 4 OF 8 CHARGE PAUL Q OViGLE 955 A!W. 17TH AVDt& SUTE K-1 L7ELRAY BEACH FLORIDA 33445 (561) 276-4507 561) 732-3279 NtO;10'- L30VD NoOlSlAiG S'-"73,V.,9"nS VO KQTlYC;"'C'!--4H' �.N CK-Ndy SW. 77H AVEALE -I NOTE.• Rk7ff OF WAY, IF ANY, o" I WEST LNIE OF BLOCK 13 FOR SW. 7TH AVEM E IS LIWWWN POSSIEXE RIGHT OF WAY LIAE v 21 S W. 7TH AVENGE P.C.N 12-43-46-16- v , 01013-003074 p� � OR.6Z 11730, PAGE V72 01--0t3—{10020 ORB. V995, PAGE 1391 Mr30'39"W. I 584.50' r- r Z Z f 504.55' POLE p� 4.50'(14A TUS) N.?°32:31"W I~ lu 1 r°32'31"W. I � iXAREA 606 WEST ATLANTIC AVEM.E I P.C.I� a13-0090 1S 1- I 623 SQUARE FEET; 4 I ROVEAENTS IN THIS I ORB. 24264, PACE 238 AREA NOT LOCATED) EAST LOC OF BLOCK 13 4.75'(IIATUS) N.1°3231°h! SW. 67H AVENLE I 50'RIGHT OF WAY PER PLAT BOOK ; PAGE 3 DA TV DECEMBER 2X 2012 OSWEN, SWER& OBE ING CERTOCA7E OF AUThaD,RIZA77OVN ILB353 SLd4VEYOR AAA MAPPER IIN RESPOAGaE SHEET 5 OF $ CHARGE• PAIL D. EN LE 955 NW. 17774 AVEAIUE, SATE K-1 OELRAY BEACH FLORIDA 33445 (561) 276-4501 561 732-3279 NO!'ENAKI a SW. 7TH AVEME �1 NOM RIGHT OF WAY, IF ANY, LWEST OE OF BLOCK 13 jiLn FAR S,W"7fTNH0AVEME �POSSIEILE RIGHT OIL WAY U11E I �o pu {{ I •V V S 29 SW 7TH AVElvi E I I Pc.N o1�3-30040 1s a� 315 W 7TH AVE�V[.rE ^` P.C.N 12-43-46-16- ORB 12530, PACE 576 01-013-0060 OR.R 1426a PAGE 1x85 N-r,30'39"W. = 584.50' r r co AWA = 77,B115OhW FEET MCRE.OR LESS' PaEJ 50 X55� LL) v o U, o� 0 >.(,) SW 6TH AVEME 26 S W. 677-1 AVEM.E o P.C.N. 12-43-46-16-01-013-OR50 p -4,3-46-16-01-013-Di40 I O.R.B 23473, PACE 340 OR.R 10534, PAGE 504 EAST LIRE CF BLOCK 13 . SW. 6TH AVEME _ I 50'RIGHT OF WAY PER PLAT BOOK 1, PAGE 3 I DA DECEMER 24 20U OSTOV,, ROUTER& OS9EN, AC. CER71FICATE CF AUTHOR/ZA77ON ILB353 SLRVEYOR AAV MAPPER IN RESPONSIBLE SHEET 6 OF S CHARGE PAU D..ENGLE 955 N.W. 17TH AVEM4 SLATE K-1 DELRAY BEACH FLORIDA 33445 (561) 276-9501 (561) 732-,3279 t 11410A CIVIV--Idly W. 7TH A VVLE IL NOTE' R'GtfT OF WAY, IF ANY, WEST LINE OF BLOLIC 13 FOR SW. 7TH AVEME Q IS la1AWWN I POS57BLE WJIT OF WAY LAVE I c) AbaZEn En 37 S W. 7TH AVEM E I R is cp j� rinj q P C.N 12-43-46-16- I O�-Ox3-0060 IO.R.B. 6790, PAGE 1538 �. x 1°30'39"w q 584.50' e j Z Nrl N z s I -GO = POtF LZECMC Z 0 504.55' IV FJ2'31IV o � -2 n I o c cn 46 S W. 6TH AVEMIE ; z j T P.C.IV 12-43-46-16,01-013-0190 40 SW. 67N AI/EA�E o' I O.RQ 16545, PAGE 744 P.C-N. 12-43-46-16-01-013-01$0 o tii IJ `+ = ORB 19613, PAGE 1673 F; 300.0' EAST LM OF BLOCK 13 ,SW 67HAV 50 RIGVT OF WAY PER PLAT BOOK X PAGE.3 DA TE.• DECEMBER 2 X 2012 081?/EN SWER & OEREN MVC CERTMATF OF AUTHORIZATION ILB353 SUNEYOR AAA MAFF ER IN RESPOAGME SHEET 7 OF 6 9RN.W 17TH AVEM,i" SUTE K-1 DEL.RAY 6EA04 FLORIDA 33445 (561) 276-450? 560 732-,3279 K-Muominy u (9 1 lz I N Oil',I C 1 3RI EW IMOWY AMY — — LBI�rCW N 25.00' SSW. TfH AVE ti f 0 I I � I I W u 1°30'39"W. I W4.50* -I I z X a Z �0 -c rn 504.55 -, i _ v N r32'JrW.. U I Cw i ' V ?b C"3 QD I I � I V I ICn Opp �p�Srl { II v C4� 1 1 25.0' I 50' R W PER L4 P.6 i PAGE 3 _ SW_ 6TH AVE� DATE: DECEMBER 2t 2012 OiBWN SUTER & ORWN MC. CER71F7CATE OIL AUTI'1MZA�T��3 SXPVEYOR AND MAPPER#V E SHEET 8 OF S CHARGE• PALL D. ENME 955 Ad W. 17TH A VEACE, 5UTE K-1 DELRAY BEACH FLOWA 33445 (560 276-4501 561) 732-3279 I Qj t4 �IJV k� W %L AVa I,,fQ It's . 'IF1 t ' f X I I , N .f k � 1 1 4 0 vs SW t) . : f Cie- "Block 13 Alley" 00005i-,-� • °� �,�, ° 0.01 0.02 °141. WHEREAS good attendance is essential to student achievement and graduation and was identified as one of the core challenges that communities should focus their attention on as part of the Campaign For Grade-Level Reading to improve 3rd grade reading proficiency, WHEREAS chronic absence — missing 10 percent or more of school for any reason including excused and unexcused absences, is a proven predictor of academic trouble and dropout rates, WHEREAS improving attendance and reducing chronic absence takes commitment, collaboration and tailored approaches to particular challenges and strengths in each community, WHEREAS chronic absence predicts lower third-grade reading proficiency, course failure and eventual dropout,it weakens our communities and our local economy, WHEREAS the impact of chronic absence hits low-income students particularly hard if they don't have the resources to make up for lost time in the classroom and exacerbates the achievement gap that separates low-income students from their peers, WHEREAS all students —even those who show up regularly— are affected by chronic absence because teachers must spend time reviewing for students who missed lessons, WHEREAS chronic absence can be significantly reduced when schools, parents and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school, WHEREAS the City of Delray Beach recognizes the impact of good attendance and will implement, for the second year in a row, a City-wide Attendance Campaign entitled, Rise and Shine! Get to School on Time! NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach,Florida,on behalf of the City Commission,do hereby proclaim September 2014 as: Attendance Awareness Month in Delray Beach, and will stand with the nation in recognizing September as "Attendance Awareness Month" hereby committing to focusing on reducing chronic absenteeism by encouraging every student to attend school and be on time! 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 4t`day of September 2014. CARY D. GLICKSTEIN MAYOR w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: August 21, 2014 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS 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. Planning and Zoning Board Meeting August 18, 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 approval (6 to 0, Derline Piere-Louis absent), of the proposed amendments to the Community Redevelopment Agency(CRA) Plan. Other Items: B. Acknowledged (6 to 0, Derline Piere-Louis absent), the recommendations from the City Engineer to the infrastructure recommendations collected from the public for potential inclusion in the upcoming Capital Improvement Plan (CIP). C. The Board offered comments to the presentation by Anthea Gianniotes, Urban Design Director, Treasure Coast Regional Planning Council regarding the proposed amendments to the Land Development Regulations - Central Business District (CBD). Site Plan Review and Appearance Board Meeting of August 13, 2014 1. Approved (5 to 0, Terra Spero and Jason Bregman absent), a request for a master sign program for Depot Square Apartments, located north of West Atlantic Avenue, between I-95 and the CSX Railroad. The master sign program includes an entry feature monument sign and a wall sign. The request also includes an off-premise sign for which the Board recommended that the City Commission approves a waiver request to LDR Section 4.6.7(J)(2) to allow the off-premise sign at the southwest corner of Lake Ida Road and Depot Avenue. 2. Postponed (5 to 0, Terra Spero and Jason Bregman absent) a Class I site plan modification associated with architectural elevation changes for the addition of a mural " The World At Your Fingertips" at the property located at 25 NE 2nd Avenue. 3. Approved with conditions (5 to 0, Terra Spero and Jason Bregman absent), a Class I site plan modification associated with architectural elevation changes for Martier, located on the north side of East Atlantic Avenue, between NE 4th Avenue and NE 5th Avenue (411 East Atlantic Avenue). 4. Postponed (5 to 0, Terra Spero and Jason Bregman absent), a Class I site plan modification associated with architectural elevation changes which involve the addition of an awning, windows and doors for Fat Rooster, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue (200 East Atlantic Avenue). 5. Approved (5 to 0, Terra Spero and Jason Bregman absent), a Class I site plan modification associated with architectural elevation changes for the installation of entrance door awnings for each individual units within the Spanish Trail Apartments Condominium, located at the southeast corner of Spanish Trail and Jasmin Drive (3101-3139 Spanish Trail). 6. Approved with conditions (5 to 0, Terra Spero and Jason Bregman absent), a Class III site plan modification, associated with interior conversion of an auto repair garage to an art gallery and furniture retail sales store with exterior fagade changes for Le Garage, located on the north side of West Atlantic Avenue, east of NW 12th Avenue (1135 West Atlantic Avenue). 7. Approved with conditions (4 to 0, Jose Aguila stepped down, Terra Spero and Jason Bregman absent), a Class V site plan and landscape plan associated with the construction of fourteen (14) space public parking lot with infrastructure upgrades, lighting and landscaping enhancements for SE 2nd Avenue Public Parking Lot, located on the east side of SE 2nd Avenue, south of SE 2nd Street (215 & 219 SE 2nd Avenue). Concurrently, the Board approved on a 4 to 0 vote the following waivers: i.Approved a waiver to LDR Section 4.6.16(H)(3)(i), to eliminate the requirement for minimum nine foot(9') terminal landscape islands and allow zero feet(0') adjacent to the handicap space, as well as reduced-width islands proposed throughout the site (i.e. six(6) locations total). ii.Approved a waiver to LDR Section 4.6.9(13)(3)(c)(1), to reduce minimum stacking distance to zero feet (0') for parking lots with one (1) to twenty (20) spaces, whereas a minimum five foot (5') stacking distance is required. iii. Approved a waiver to LDR Section 4.6.16(H)(3)(a) to reduce the perimeter landscape strip from five feet(5')to zero feet(0'). 8. Approved with conditions (4 to 0 Roger Cope stepped down, Terra Spero and Jason Bregman absent), a Class V site plan, landscape plan and architectural elevation plans associated with the conversion of the existing residential structures to office for Mindful Management, located on the west side of Pineapple Grove Way, between NE 2nd Street and NE 3rd Street. Concurrently, the Board took the following actions: i. Recommended to the City Commission approval (4 to 0, Roger Cope stepped down, Terra Spero and Jason Bregman absent), of a waiver to LDR Section 4.6.9(D)(3)(b) which requires a 20-foot wide minimum driveway width, whereas 12 feet is proposed. ii. Recommended to the City Commission approval (4 to 0, Roger Cope stepped down, Terra Spero and Jason Bregman absent), of a waiver to LDR Section 4.4.13(F)(4)(f)(1) which requires that the 5-foot minimum front setback area be paved to match the adjacent public sidewalk along Pineapple Grove Way. iii. Approved (4 to 0, Roger Cope stepped down, Terra Spero and Jason Bregman absent), a waiver to LDR Section 4.6.16(H)(3)(i), which requires that landscape islands contain a minimum of 135 square feet of planting area and a minimum width of nine feet exclusive of curbing, whereas 60 square feet of planting area and a 3-foot width is proposed. iv. Approved (4 to 0 Roger Cope stepped down, Terra Spero and Jason Bregman absent), a waiver to LDR Section 4/6/16(H)(3)0), which required 9-foot wide terminal landscape islands for all parking rows, whereas 3 feet is proposed. DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of August 11, 2014 through August 22, 2014. TIMING OF THE REQUEST This item is not time-sensitive. RECOMMENDATION By motion,receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING - _ _ _ CITYLIMITS . _ _ _ N APPEALABLE ITEMS � ONE MILE LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT SEPTEMBER 4, 2014 GULF STREAM BLVD. 1 CI ol v � ¢ Q L-30 CANAL o W 1 Q 906 7. i ¢ lu t w o w 0 LAKE IDA ROAD w G. BUS L 1 f- LAKE o OAD N.E. ST. m z 8 c _ � ��_�� N.W2ND T. r � 1 _ � i _ � _ � 2 W = � _ 4 � W 1 g � TIC AVENUE ° I r AV 6 7 3 i 806 ATLANTIC c S.W.2ND z I y 1 V A1A � {� o 3 O -+ w o LOWSON BOULEVARD m S.W. 10TH ST. z ¢ 1 � 2 O r g = N W LINTON BOULEVARD Lu LINTON 1-7 ® v 1 J ., OAS R � �� ROPO a c15 cn h o w 3 ¢ k W 1 U U' x 1 Z I uW 5 V 906 .—.._ _.....CANAL._.._.._.._..—�C-15 CANAL C'15CANAL _ O SPRAB: 1. DEPOT SQUARE APARTMENTS 4. FAT ROOSTER 7. SE 2ND AVENUE PARKING LOT 2. 25 NE 2ND AVENUE 5. SPANISH TRAIL APARTMENTS 8. MINDFUL MANAGEMENT 3. MARTIER 6. LE GARAGE -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\CC—DDC\9-4-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Terry Stewart, Interim City Manager DATE: August 15, 2014 SUBJECT: AGENDA ITEM 8.K.1 -REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 BID AWARD/MULTIPLE VENDORS FOR MEDICAL SUPPLIES AND MEDICATIONS BACKGROUND The City of Boynton Beach is lead agency on this joint bid with the City of Delray Beach for medical and medication supplies for the Fire Departments' EMS and Ocean Rescue Divisions. These are warehouse stocked supplies that are ordered "as needed". On June 16, 2014, Boynton Beach Procurement opened seven (7) proposals. The bid included 336 items that were divided into eight (8) groups. As noted in the Bid Specifications, Bid Award, "The City intends to award this bid in its entirety to a Primary Vendor, a Secondary Vendor and to a Third Place Vendor." If a product is not available from the Primary Vendor, the Cities will then order from the Secondary Vendor; if the product is not available from both the Primary and Secondary Vendors, the Cities will then contact the Third Place Vendor. David Wetzel, Division Chief, reviewed the pricing proposals and recommends the bidders be awarded as follow: Primary vendor Bound Tree Medical, LLC Recommended Secondary vendor Henry Schein Inc. Vendors : *All Third vendor: Nashville Medical &EMS Products, Inc. supplies are ordered on an"as needed basis"to meet the needs of the City of Delray Beach. This bid may be renewed at the same terms, conditions, and pricing for two (2) one-year (1) extensions subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interests of the City. By utilizing the pricing established in this joint bid with the City of Boynton Beach, the City of Delray Beach Fire Department EMS and Ocean Rescue will be provided with medical supplies and medications from the recommended vendors at the lowest competitive prices. DISCUSSION The City Commission is requested to approve award for the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-14/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Nashville Medical & EMS Products, Inc. as the lowest, most responsive, responsible bidders at a cost not to exceed$200,000. For the fiscal year 2013-2014, there are expected expenses totaling $25,000 to occur prior to 9/30/14. Items will be ordered on an "As Needed" basis. These supplies are required for a functioning Emergency Medical Services Division of the Fire-Rescue Department. At this time,joining forces with the City of Boynton Beach for cooperative purchasing to secure the lowest possible pricing appears to be the most viable option. FUNDING SOURCE Funding is available from 001-2313-522-52.16 (General Fund: Operating Supplies/EMS Supplies) and 001-2315-526-52.16 (General Fund: Operating Supplies/EMS Supplies). RECOMMENDATION Staff recommends approval of Bid No. 051-2210-14/JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Nashville Medical & EMS Products, Inc. as the lowest, most responsive, responsible bidders for a projected annual expenditure in an amount not to exceed$200,000 for FY14/15; and $25,000 for the balance of FY13/14 to occur prior to 9/30/14. 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Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-03I0 is Telephone No. (561)742-6310 FAX.- (561)742-6316 July 17, 2014 Nashville Medical & EMS Products, Inc. P.O. Box 120 Springfield, TN 37172 ATTN: Nari Sadarangani BID: ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES BID No.: 051-2210-141JMA Dear Mr. Sadarangani: At the City Commission meeting of July 16, 2014, the award for the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-141JMA was awarded to Nashville Medical & EMS Products, Inc. as the Third Place Vendor. Per Bid "Specifications"1, Bid Award.' award was made to a Primary Vendor, a Secondary Vendor and to a Third Place Vendor. The Bid contract period is July 3,2014 to July 2, 2015. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for your time and effort in responding to this Bid. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Buyer, at(561) 742-6322. Sincerely, Tim W. Howard Director of Financial Services Encl: Bid Tabulation, Schedule of Pricing,Agenda Item Request cc: Michael Dauta—Warehouse Manager Michael Landress—EMS Chief Patsy Nadal -Purchasing Agent, City of Delray Beach Central Files File America's Gateway to the Gulfstream The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P.O.Box 310 Boynton Beach, Florida 33425-0310 do Telephone No: (561)742-6310 FAX: (561)742-6316 July 17, 2014 Henry Schein, Inc. P.O. Box 3227 Irmo, SC 29063 ATTN: Jesse A. Garringer BID: ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES BID No.: 051-2210-141JMA Dear Mr. Garringer: At the City Commission meeting of July 16, 2014, the award for the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-141JMA was awarded to Henry Schein, Inc. as the Secondary Vendor. Per Bid "Specifications" i, Bid Award: award was made to a Primary Vendor, a Secondary Vendor and to a Third Place Vendor. The Bid contract period is July 3, 2014 to July 2,2015. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for responding to this Bid, and we look forward to working with Henry Schein, Inc. for another year. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Buyer, at (561)742-6322. Sincerely, 4x- Tim W. Howard Director of Financial Services Encl: Bid Tabulation, Schedule of Pricing, Agenda Item Request cc: Michael Dauta—Warehouse Manager Michael Landress—EMS Chief Patsy Nadal-Purchasing Agent, City of Delray Beach Central Files File America's Gateway to the Gulfstream The City of Boynton Beach Procurement Services I& I00 E. Boynton Beach Boulevard P.O.Box 310 4 Boynton Beach,Florida 33425-03I0 } Telephone No: (561)742-6310 FAX: (561)742-6316 July 17, 2014 Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. Dublin, OH 43016 ATTN: Nikki Scales BID: ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES BID No.: 051-2210-141JMA Dear Ms. Scales: At the City Commission meeting of July 16, 2014, the award for the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-141JMA was awarded to Bound Tree Medical, LLC as the Primary Vendor. Per Bid "Specifications" 1, Bid Award.' award was made to a Primary Vendor, a Secondary Vendor and to a Third Place Vendor. The Bid contract period is July 3, 2014 to July 2, 2015. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for responding to this Bid, and we look forward to working with Bound Tree Medical for another year. 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Wastewater pumps are used in sewage Lift Stations for the conveyance of wastewater to the South Central Regional Wastewater Treatment Plant for treatment. The City owns 127 Sewage Lift Stations, which are maintained by the Public Utilities Division/Utility Maintenance Group. Pumps are ordered on an as "needed basis" to restock the City's warehouse inventory. Staff solicited bids for the annual purchase and supply contract through a formal bid process, Bid No. 2014-37. As a maintenance supply contract, the scope of work includes purchase and supply of submersible pumps, estimated at an annual quantity of 16, varying in sizes from 2 to 30 horsepower, with specific unit prices per pump, to be purchased from the vendor on an"as needed"basis." Southeastern Pumps Co. is the apparent lowest bidder; see bid tab attached for cost per unit. The contract has an initial term of 2 years, renewable by City Commission for one consecutive term of two (2) years. Based on historical expenditures and authorization level, staff is requesting an expenditure limit of $83,000 for fiscal year 2015 and 2016, the first two terms of the contract, contingent upon approval of the Fiscal Year 2015 and 2016 budgets. Upon approval by City Commission, Southeastern Pump will execute the "Standard Form of Agreement between the City and Contractor". The method of acquisition for services under this award recommendation was performed in accordance with the Code of Ordinances, Chapter 36, Section 36.02 (A) "Sealed Competitive Method". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission is to approve an award to Southeastern Pump as the lowest responsive bidder for the "Submersible Wastewater Pumps Annual Contract", Bid No. 2014-37, and an annual expenditure limit of $83,000 per fiscal years 2014 and 2015, pending approval of the 2015 budget. TIMING OF THE REQUEST Maintaining an in-house inventory of submersible wastewater pumps is essential in keeping wastewater Lift Stations operational, thus the timing of this request is of high importance. FUNDING SOURCE Funding in the amount not to exceed $83,000 annually, as needed, from Utility Maintenance operating account 441-5144-536-46.20, contingent upon approval of the FY 2015 and FY 2016 budgets. RECOMMENDATION Staff recommends approval of the award to Southeastern Pump with an estimated expenditure limit of $83,000 for the Submersible Wastewater Pumps Annual Contract, for FY 2015 and 2016, contingent upon approval of the FY 2015 and FY 2016 budgets. LO qqr qT UD N Q m N e-1 00 O N RV V7 LA co �f u 0 to L 1 M 000 00 9T -i:F V-1 U cv z CL CL N m 00 00 LO rm r! 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Purchasing Division+Finance Department ♦(561) 243-7161/7163 *Fax(561) 243-7166 CITY OF DELRAY BEACH PURCHASING OFFICE �- TEL: (561) 243-716117163 N.W. 1st AVENUE FAX: (561) 243-7166 DELRAY BEACH, FL 33444 www.mydeiraybeach.com INVITATION TO BID BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT June 23, 2014 This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SCOPE OF WORK: Successful bidder shall furnish to the City an estimated sixteen (16) submersible non-clog sewage pumps "as needed". Each pump as estimated shall be capable of delivering various GPM at various TDH, with a shut off head of various TDH (minimum). The City of Delray Beach, FL. (City) hereby invites qualified firms or individuals (bidders) to submit bids for the purchase and delivery of submersible wastewater pumps for the City's Utilities' Maintenance department. DUE DATE: 10:00 A.M. on MONDAY, .fully 14, 2014 at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall in the first floor Conference Room. Bidders and the general public are invited and encouraged to attend. 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 utilized the form provided in the bid package and to ensure that his/her bid reaches the Purchasing Office on/or before the closing date and hour as shown above. RETURN ONE UNBOUND (1) ORIGINAL, TWO (2) COPIES OF ALL BID SHEETS and electronic copy on CD or thumb drive. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1ST Avenue, Delray Beach, Florida 33444. Bids time-stamped at 10:01 A.M. or later, will not be considered for award and will be returned to the Bidder. DOCUMENTS AND ANY ADDENDA are available on-line at the Demandstar website, ww.demandstar.com. Demandstar offers a free single agency subscription which includes free document downloads by registering at www.dernandstar.coin/register.rsp. If you need assistance with registration, or you are a first-time registrant and need immediate download of a document, please call (800) 711-1712. Bid Documents obtained from any source other than Demandstar or the City of Delray Beach Purchasing office may not be accurate or complete, and each Bidder assumes all risks by its reliance on such documents. A Bidder who has not obtained bid documents from DemandStar or the Purchasing office will not be notified of any addenda issued by the City, which could contain material changes thereto (such as additions or changes to the technical specifications, extensions of time, etc.). INQUIRIES: Questions regarding this solicitation must be directed to Purchasing, at (561) 243-7161 or 7163, by fax to (561) 243 7166 or by email to nadaI0_)mydelraybeach.com. To ensure a timely response, inquiries should be made by Monday, July 07, 2014 no later than 2:00 P.M. Information in response to inquiries will be published as an Addendum. 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 Commission or City Manager. 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. (Remainder of page intentionally left blank) Bid No.2014-37 Submersible Wastewater Pumps 21 F a Q e -4 n v CO) W a c o m e c CL A rt rn 3 m 0)• 3 o 7 y N N y a CL Z 3 � N © o A 0 Q. � C. (D _ �► � m Cle m C � 0) n 0Qnn PIN -h m O s O * 'u O o' _ O ,� ,c A MMMM o m -q= rn m �_ o c Cr O o -< Z an < m Z m p mmm m N 0 � a0 nn 3 O w n { sk� V CD m ' Z 2 c s _ CD rm a D o a. Z N .. V _r N 1 CD O O �D O CL D Cr m CITY OF DELRAY BEACH BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT PAGE No. Invitation To Bid 1 - 2 Table of Contents 3 General Conditions and Information 4 - 8 Indemnity 1 Hold Harmless Agreement 9 Cone Of Silence 10 Drug Free Work Place Certification 11 Insurance Requirements & Sample Insurance Form 12 - 15 Standard Form Of Agreement 16 - 21 Corporate Acknowledgement 22 Certificate (if Corporation) 23 Specifications 24 -27 Schedule of Pricing 28 - 29 Professional References 30 Bid Signature Form 31 Vendors Marketing and/or Additional Information 32 Statement of No Bid 33 Bid No.2014-37 Submersible Wastewater Pumps 3 =' _i GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION 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. E. Please read the bid package in its entirety, including the language in the sample agreement. This language will not be change or modified. 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 is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES AND PRODUCT CONSIDERATION: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F. Economic Price Adjustment a) There may be a change in the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days before the price increase would become effective. The City determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. Bid No. 2014-37 Submersible Wastewater Pumps 4 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. C. 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 by the City department after receipt of purchase order. 5. PAYMENT: Payment in full will be made AFTER all units have been delivered inspected, and accepted by the City. 6. INSPECTIONS: An authorized representative of the City shall have the right to inspect units upon delivery for condition and completeness of order. After inspection, Bidder will correct any unit unacceptable, including freight charges for returning units, at no expense to the City. 7. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 14. 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. Bid No. 2014-37 Submersible Wastewater Pumps 5 I 11 E. 15. 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 informaiities 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. CONTRACT TERM: Term of contract shall be for two (2) year(s) from date of executed contract and expiring two (2) years later. The City Commission may renew the contract, at the same terms, conditions, and price(s) for one (1) consecutive term of two years (2) year(s) 18. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 19. 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. 20. EXCEPTIONS TO CONDITIONS, 1 THRU 26 (Boiler PlateLAny time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 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 (10) or more in the bidder's firm or any of its' branches. 23. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in canceIIationitermination of the contract. Bid No. 2014-37 Submersible Wastewater Pumps 6 f' z 24. 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. 25. 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. 26. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure, 27. PROTEST OF AWARD I PROTEST BOND: 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. After the notice of intent to award and 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 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. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.291-13, Sec.35.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1S Ave Delray Beach, FL 33444 Bid No.201.4-37 Submersible Wastewater Pumps 7 I P a E_; 28. 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. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. Ali records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 29. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. (The remainder of'this page has been intentionally left blank) Bid No. 201.4-37 Submersible Wastewater Pumps 8 INDEMNITYIHOLD HARMLESS AGREEMENT BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name Signature Date Bid No. 2014-37 Submersible Wastewater Pumps 9 1 f' a <g e CONE OF SILENCE BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS - ANNUAL CONTRACT The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's Name Signature Date Bid No. 2014-37 Submersible Wastewater Pumps 10 1 P r1 z DRUG FREE WORKPLACE CERTIFICATION BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1} This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Signature Date Bid No. 2014-37 Submersible Wastewater Pumps INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Com rehensiye General Liability -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $500,000 per occurrence, $1 MM aggregate, combined single limit for Bodily Injury Liability and Property Damage Liability. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy flied by the Insurance Service Office and must include: a) Minimum Limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of Insurance evidencing the insurance coverage specified in the previous paragraph should be received by Purchasing prior to commencement of work. The required Certificates of Insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. The successful bidder will endorse the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Certificate of Insurance the successful bidder ("not the "insured") shall be required to notify the City of material changes or cancellation of insurance policies, or non-renewal. Bid No. 2014-37 Submersible Wastewater Pumps 12 111 a 21 c SAMPLE _ MANCT•1 AP 10:KfR CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE I5 15SUFQ AS A UATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOWE2 7M8 CERTIFICATE nES NCT AFFSRMA7NEELY OR NEGATIVRI-Y AMEND, EXTEND OR ALTER THE COVERACF.AFFORDED BY THE POUC{ES r1l OW. THIS CERTiF�OATE OF INSURANCE DOES NOT C,ONSTCTUTE A CONTRACT BErMEN THE ISSUING INSURER(F;L AUTHCPJZM RESEgTAT[VE OIL PROPUGER.AND THE CERTIRCAT'E HOLQztom . ORTANT: If the r i in ate holder t an AGOITIONAL INSURED,the p-a i Csee}roust be asedars5d, if SU6ROGAT1fIN I5 WikIVE>3,slebf ecf to farms and Condiberis of the policy,urtain poiSCte$M,y require en endomement A statem6nt on this wrti ate does not Confer d9trts to ne ficzt2 holder In C"'AcT J9hn Doe CFli phonic: _NAME- _...�, . .PHONE .-.. `day--• RISC Insurance Cor.:pany Add re s s NS R s AP uRn,c cavE tack Na s IN$LJFIEI INSllRL92 8- -- i Coatractot Name RS 3: _ Address N5YRERE Il I�cJJ F' COVERAGES CERTHCATc NUIJI9ER: REV13ION HLIMST=R TYII$I5 TO OERT:FY T}iAT THE Pt'J'uICIFS OF IN9URANG6 LISTED fi�'.LOW HAVE SE:_h'ISSUED TO Tt}E SNSU=NAYtED P,BOVE FOR THE POLICY Pi=RFOtl INOCAi U. N6lWfT7i5TF:NDING AN Y P.E4UIREAAEI[T,7ERAd Dft CONDITEON OF ANY CONTfc4i;T OR OTH1=R C10CVAtEN'T W17H ftF3PECT TO Wr€ICH'PHIS CEP.TlF1C:,TE WAY OE ISSI.:cc 62 hIAY PERTAIN,'NZ INSURANCE A FOR6FC BY TH'c POLICIES PzSCR,HED HCREIN lS SUBJECT TO ALL TriE TERW- eStCLlJ3kONS AND OONOITONS OF SUCH PCUCIES.UMFTs SHcVVN mn,Y Mv1Z BEEN KnUCED BY FA: CLAIMS. hS,L Aa[k U l`F{ C� PC�ICyF1P L7MTS Liq i T1TE DF INM, NCE POLK—NoMRim [ M I'SIMIOO eerEl;.a:LuslL.-rY F14CMCCCURRF2rE s 1,QOk,9U �IAO='a SOtt 990 - A X coMMEadALzAL ASauTY X ?R1I5E _J— 3 - �!p©w are an' s '19,00 PENAL tAW NA t 1,A99,p9 GEi:E Lat..43GR�G.F:F t PHCOL GM CCMP.IZ�P AE 3 x,0iM,40 GsfLAt�ftEGr'E L'�.u7 aPPlicS PL's —id. '� s j,0U0,UQ ', AInOMa6"X I IA1WTY 90tlILY Ri.:'L1RY{Pa 7ssu,I 3 A X ANY ALTG ALL C>'AN4D --5D 1®:.IL.FQ B('ANLY INJURY(Fw a.J¢�0i; S PAJi NIX,��IMJEi I S HRM hLR'CS WIM UVBRFa A ing OCCUR tls H COC RRE ICE S +A -rx.cvsS LlAA e1ylMSA.L�e=� Ffi6r" GA S _ S CEO ) RE?F?dTl S STATU- THt ninny z GCaPFNSATION _ 5 q r� AND EMFLOYM'UA3AITY yrR E.L.I�eG!-1?.�IDEHf 1 r.Y 000 Voo ANf PftCPR'j F A --` - Orrc m,�err-a5xcwnEilr NIA F..rd7Ak.9E-EAB1PLO $ 1-000.000 {MaReafory 4n 4 y�,t� F EI �z-aoucruM s i 00 000 CESCFUFTIC 'G'OPEP.AT ONE bM— .,. ---- A } r L1F�CAlPTION OF,CP--ftnI1 ON$1 LOCa.TONS fVE+IICLcs(.SdB GF..>.C=1PV.Addiuurul K R4,-4) 11 W City vf .Aelrags'. eaan is listed as Additional T-agu-red Droject Name; PxojeCt NUM-ber: 30 Days Notice for Canceliat�-= CERTIFICAT-=HOLDER CANCELLATION CITp6-1 SHOULD ANY pF T'Hir ABOVE DESGkJfJE31 F'OL]CIES B@ CANCELLED BEFDF+E City of Delray Beach THE EXplRATiarJ UA-rE rEREOF, �+qTl WILL IaE DELIVEF= 'N pGCCRDANeE WiT'H THE°CL.1CV PROV133gNS-_ 0 Days Notice ].00 NW l9t Avomue=. AN7pICRyrf�FL NThTI`!E Delray Beach,FL 33444 ®998&-201t3.ACORC GDRPORATION. All riglgs res2rVei ACORC 25(2DW061 The ACORD name and Icyo are registered marks at AGORG Bid No. 2014-37 Submersible Wastewater Pumps 13 111 a t e I' IMPORTANT if the cecgrcata Bold" Is aR Af30710MAL INSURED, [tie prsficy(ies) must be ertdorsard. A statement W the certlfica[e does not aanfer rights io ©certitfcata holder in fieu o1 sudn eRdaremsnf(s}, if $UBROGA'RGN IS WAIVED. subject to [hs terms and c�nciidartg of t"d pally', C6rtatrY patfcies may require Sri endmement A statement on thu Cast Date does nvt confet rights t4 the ceritficate tm Idar In Geri of srsclt endorsement($). DISCLAIMER The COMC ILO ar tr►suranm nn fle raV6" side of th15 form does hat consttteite rm conblaet batwaen the lssulng insuer(s), authorized represencat a Cr przrttuae, errd the rxrfafieaie faaider, nor dues It sf#trmattvaly or nogativefy 8mcrI i, eKtend ar after fix+caverage afftxde4 by the potlnfas tistad thereon. I Bid No. 2014-37 Submersible Wastewater Pumps 14 .0 COMMERCIAL GENERAL LIABILFTY THIS ENDORSEMENT CHANGES THE POLICY, PLI~ASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the foliRWing: COMMERCIAL GENERAL LIA51I 17Y COVERAGE PART A. section it-Who Is An Insured is amended to This Insurance does not apply to; bloiIitde as an acidtticnal Insured any person or organization when you and such person 1. 'Bodily Injury", 'property darnage' or or organlzatlon have agreed in writing in a 'personal and advertialny Injury"caused, contract or agreement that such person or In whole or in part by the rendering of, or@an!zatnn be added as an additional irr- ur the failures to render,Any professional sured on your policy, Such person or organ- architectural, angineering, or surveying Ization is an additlonal insured only with services,lncludfrg; resp�ctio flablirty caused,in whole or In past, by"your wure performed forthat insured and a, The preparing, approving,or falling lncluded In the "products-completed oper- to prepare or approve, maps, shop ations'hazard, drawings,opinions,reports,surveys, The coverage afforded to the Additional In- field orders, change orders, or sured is solely limited to Ikablilty specifica3ly drawing end specifications;and resultlog from the conduct of the Named In- sured, which may be imputed lo the Addl- h. supervisory, inspection, archlten- tints al Insured, H turat,or en ineerlt g actlyltles. Ft. This endorsement provides ne caveragc 'to 2. WBIAil miscenduct of, or for defects in the Additional Insured for 0-ability caused,In deSlg,t furnished by, the additional In- whole or in part, out of the cialmed suredor Its'empleyeeg'. negligence of the Additional Insured, other than which may be imputed to the Additional As a conditieil of coverage,the additional in- insured by virtue of lire conduct ofthe Named shred shall be obligated to taaderths defense Insured, and indetnnfky of every Claim or suit to all C, Vdith respect In the insurance afforded these other Insurers that may provide coverage to additional insureds, the foilowlny additional the additional insurers, whether conttngant, exclusion applies: excess or primary. n?A�:r..,ryrssnMd Met~A ct log nc CC 74 87 41 05 S,Mc Dfft%1+m vIth AS permlealoM i Bid No.2014-37 Submersible Wastewater Pumps 15 P o e STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of , 2014, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the:mutual covenants hereinafter set forth, agree as follows: 1 . The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 -2 Table of Contents 3 General Conditions, Instructions and Information 4-8 Indemnity/Hold Harmless Agreement 9 Cone of Silence 10 Drug Free Work Place Certification 11 Insurance Requirements& Sample Ins. Forms 12- 15 Standard Form of Agreement 16 -21 Corporate Acknowledgment 22 Certificate(If Corporation) 23 Specifications 24-27 Schedule of Pricing 28-29 Professional References 30 Bid Signature Form 31 Vendors Marketing and for Additional Information 32 Statement of No Bid 33 Bid No. 2014-37 Submersible Wastewater Pumps 16 11., a { 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 140 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Bid No. 2014-37 Submersible Wastewater Pumps 17 1 P a � e 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No. 2014-37 Submersible Wastewater Pumps 18 11, 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 . PUBLIC RECORDS LAWS: CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state:law, CONTRACTOR agrees to'. a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Bid No.2014-37 Submersible Wastewater Pumps 19 1 P a � e 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 may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 13. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure: 14. 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. 2014-37 Submersible Wastewater Pumps 20 1 P ,i �3 e IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) Bid No.2014-37 Submersible Wastewater Pumps 21 P :I a CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of 20 , by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Bid No.2014-37 Submersible Wastewater Pumps 221 P a "; CERTIFICATE (If Corporation) STATE OF FLORIDA ) } SS COUNTY OF ) 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 as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20_ (Secretary) (Seal) Bid No. 2014-37 Submersible Wastewater Pumps 23 1 P ,t CITY OF DELRAY BEACH SPECIFICATIONS BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish an open-end (blanket) contract for the purchase of Submersible Wastewater Pumps at the most economical price for delivery to the City of Delray Beach, Utility Maintenance, 434 South Swinton Avenue, Delray Beach, Florida, 33444 "AS NEEDED". Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, and examination of financial stability will be considered together with price in the contract award. Award of Bid shall be made to the LOWEST GRAND TOTAL BID which is considered to be in the best interest of the City. VENDORS MUST BID ON ALL ITEMS LISTED ON BID FORM (Schedule of Pricing). VENDORS SHALL SPECIFY BRAND NAME AND NUMBER ON BID FORM. ALL PRICING SHALL BE BASED INSIDE DELIVERY. DELIVERY COSTS SHALL BE INCLUDED IN YOUR BID. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the city of Delray Beach. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for regular work-hours and after-hours, weekends, and holidays must be identified. E. QUANTITIES: Quantities stated on Bid Form (Schedule of Pricing) are estimates only. No guarantee is given as to the actual quantities that will be needed. Estimated quantities are based upon previous needs and estimated usage for a twelve (12) month period. Said estimated quantities shall be used for purpose of evaluating the low bidder meeting specifications by the City. As stated on the Bid Form (Schedule of Pricing), the City requires an estimated sixteen (16) Submersible Pumps during the contract period. F. FIRM PRICE: The City requires a firm fixed price for unit pricing stated on Bid Form (Schedule of Pricing) for the contract period. Bid No. 2014-37 Submersible Wastewater Pumps 24 I f e: G. RENEWAL TERMS: The City Commission may renew the contract, at the same terms, conditions, and price(s) for one (1) consecutive term of two years (2) year(s) as stated in the General Conditions, item #17. H. PERFORMANCE: It is the intention of the City of Delray Beach to contract as specified herein with one source that will give prompt and convenient response to the City's needs. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the City. I. TERMINATION: This CONTRACT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONTRACTOR and the CITY shall also have a right to terminate this CONTRACT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. J. ADDITIONIDELETION OF ITEMS: The City Of Delray Beach reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any areas to be added to the contract. K. ALTERNATES: For purpose of bid evaluation, Bidder(s) must indicate any variance to the specifications, terms, and conditions, NO MATTER HOW SLIGHT on the Bid Form. If variations are not stated on the Bid Form, it shall be construed that the Bid fully complies with the specifications, terms, and conditions as given herein. Bidders offering alternate or equal products must include full specifications with their proposal. FAILURE TO PROVIDE SPECIFICATIONS OF ALTERNATES WILL NECESSITATE IN THE DISQUALIFICATION OF BIDS. Note: The use of certain manufacturer's name and catalog number is not intended to exclude consideration of products of other manufacturers meeting the requirements for the item and whose specifications are equal by industry standards. Alternates may be acceptable if they can be proven to be better than or equal to that which is specified. THE CITY OF DELRAY BEACH WILL BE THE SOLE JUDGE OF ALTERNATE PUMP ACCEPTABILITY. L. REFERENCES: The bidder shall submit, with this proposal, a list of customers who have been supplied with similar pumps to the units specified in this bid. Telephone numbers and contacts must be included in any reference given. M. WARRANTY: The bidder shall supply, with his proposal, a copy of the warranty policy that covers each type of pump bid. N. PUMP PERFORMANCE: The Bidder shall submit, with his proposal, pump curves for all pump/impeller combinations which are available in the horsepower categories specified on the bid sheet. O. TESTING: The successful bidder shall supply test results for the pumps prior to installation by the City. Testing is required to confirm that the units conform to the specifications. The City reserves the right to witness these tests. P. DELIVERY: All prices to be quoted F.O.B. Delivered Designated Destination, City of Delray Beach, Utility Maintenance, 434 S. Swinton Avenue, Delray Beach, Florida. Q. INFORMATION: Any questions and/or clarification in regards to the Detailed Specifications of this bid should be addressed the Purchasing department, in writing via email nadal(Mmydelraybeach.com, or fax (561) 243-7166. Questions in regards to the submission of your bid should be addressed to Purchasing at (561) 243-7161 or 7163. Bid No. 2014-37 Submersible Wastewater Pumps 25 R. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold of 36 months from the date of being placed on the convicted vendor list. S. DETAILED SPECIFICATIONS: 1. SCOPE: Successful bidder shall furnish to the City an estimated sixteen (16) submersible non-clog sewage pumps. Each pump as estimated shall be capable of delivering various GPM at various TDH, with a shut off head of various TDH (minimum). The pump motor shall be 1750,13450 RPM, various HP (minimum), 3 phase, 60 Hertz, 2301460 volts. The pump manufacturers must demonstrate a minimum of five (5) years successful performance in the united States. 2. PUMP AND LIFT-OUT DESIGN: Each pump shall be capable of handling raw, unscreened raw, unscreened domestic sewage consisting of water, fibrous materials, and three (3) inch maximum diameter spherical solids. The pump(s) shall be capable of handling liquids with temperature to 160 degrees F, and shall be capable of running dry for extended periods of time without damage to the motor and/or seals. The discharge connection elbow shall be permanently installed in the wet well along with the discharge piping. The pump(s) shall be automatically connected to the discharge connection elbow when lowered into place, and shall be easily removed for inspection and service. There shall be no need for personnel to enter the wet well. Sealing of the pumping unit to the discharge connection shall be accomplished by a simple linear downward motion of the pump. A sliding guide bracket shall be an integral part of the pump unit and shall engage a minimum of 20 inches of the guide rails at any one time. The guide bracket shall wrap around the guide rails in excess of 180 degrees. The entire weight of the pumping unit shall be guided by no less than two guide rails and pressed tightly against the discharge elbow with metal to metal contact. The mating faces of the sliding guide bracket and discharge elbow shall be dissimilar, metals to prevent seizing. The stationary face shall be 16 gauge, 300 series stainless steel or better; the movable face shall be cast iron. Sealing of the faces by means of a diaphragm, o-ring, or other sealing device shall not be acceptable. No portion of the pump(s) shall bear directly on the floor of the wet well. 3. PUMP CONSTRUCTION: The pump body, seal plates, impeller, and motor housing shall be constructed of high quality ASTM class 30 cast iron or better. A coat of air dry enamel shall be applied before and after assembly. All exposed hardware shall be 300 series stainless steel. All gaskets shall be of the compression square ring type eliminating critical slip fits and the possibility of damage during service associated with sliding o-ring sealing arrangements. The pump construction shall contain no points of critical clearance nor require periodic adjustment or replacement to maintain reasonable operating efficiency. The pump case shall be designed to provide unobstructed passage of three (3) inch diameter solids. Discharge connection shall be standard 125 pound, four(4) inch flange. 3.1. The impeller shall be of the two vane, non-clog design with pressure vanes on the back side and of the key drive design. The impeller shall be dynamically balanced and shall be capable of handling solids, fibrous materials, and other matter found in normal sewage applications. 3.2. The double mechanical shaft seal shall be of the single spring design operating in an oil-filled seal cavity. Pump-out vanes in the back of the impeller shroud shall develop a radially increasing pressure differentiai from the impeller hub outward. This pressure differential shall be transmitted by means of a rubber diaphragm to the oil in the seal cavity, thus producing a higher pressure inside the seal cavity than immediately adjacent to the seal face in the pump case forcing the oil in the seal cavity to be face lubricant. The materials of construction shall be carbon for the rotating faces and ceramic for the stationary faces, lapped and polished to a tolerance of one light band, stainless steel hardware, and with all rubber parts of Buna-N. Seals which are lubricated by the liquid being pumped shall not be considered equal. A moisture sensor detection system shall be integrated as standard within the oil-filled seal chamber. I3id No.2014-37 Submersible Wastewater Pumps 26 I l' a 3.3 The motor shall be the standard product of an established motor manufacturer. The motor shall be designed to be non-overloading over the entire pump curve. The rotor and stator assembly shall be of the standard frame design and secure to the pump seal plate by four threaded fasteners allowing for easy serviceability. Motor design incorporating shrink or press fit assembly of the stator and motor housing shall not be acceptable. The motor housing shall be of submersible construction with the windings operating in a sealed environment containing clean dielectric oil, making it capable of operating in a totally, practically or non-submerged condition for extended periods of time without damage due to the heat being generated. Air-filled motors shall not be acceptable. The motor windings shall be of Class F insulation rated 155 degrees C. The motor shall meet the standard for enclosure, type of mounting and basic electric design for NEMA Design B. The motor shaft shall be of 416 stainless steel. The thrust bearing shall be of the double row ball type with the upper radial bearing of the single row ball type. Thermal sensors sh241 be used to monitor stator temperatures. The stator shall be equipped with a thermal switch embedded in the end coil of the stator winding. This shall be used in conjunction with the supplemental to external motor overload protection and wired to the control panel. 3.4 The pump shall be equipped with various ft. of submersible power cable, a various feet of sensor cable type submersible. The cable entry design shall be such that it precludes specific torque requirements to insure a watertight and submersible seal. All incoming lead wires shall be spliced in the motor terminal housing. After splicing, the terminal housing shall be filled with epoxy to seal the outer cable jacket and individual strands to prevent water from entering the motor housing. A secondary rubber pressure grommet shall be provided as an additional sealing point and strain relief at the point of cable entry. Cable entry designs utilizing terminal boards to connect power cord leads with motor leads shall not be acceptable. The following pump manufacturers have been determined to be acceptable by the Public Utilities Department: Barnes, Clow, EMU, Fiarbanks, Flygt, Gorman-Rupp, Gould and Peabody, All Motors are 64 HZ. Bid No. 2014-37 Submersible Wastewater Pumps 27 J 1' n t': SCHEDULE OF PRICING BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS -ANNUAL CONTRACT All prices must be quoted F.O.B. Delivered Designated Destination, City of Delray Beach, Utility Maintenance, 434 S. Swinton Avenue, Delray Beach, Florida. Pricing listed as (please check one): ❑ Bid Specifications ❑ Equivalent ❑ Alternates DESCRIPTION QTY. UNIT PRICE TOTAL PRICE EACH 1 14.8 TO 18 HP-6"DISCHARGE 2 230 VOLT,3 PHASE, 1750 RPM $ $ WITII 40'CABLE 2 7.5 4"DISCHARGE 3 230 VOLT,3 PHASE, 1750 RPM S WITH 40'GABLE 3 3,7 HP TO 5 1 I-4"DISCHARGE 2 230 VOLTS,3 PHASE, 1750 RPM $, S W ITH 40'CABLE 4 29 TO 30 HP-6"DISCHARGE 460 VOLT,3 PHASE,1750 RPM $ WITH 40'CABLE 5 11.3 H?-4"DISCHARGE 2 230 VOLT,3 PHASE,1750 RMP $ $ WITH 40'CABLE 6 2 HP-3"DISCHARGE 1 230 VOLT,3 PHASE,3450 RPM $ $ WITH 40'CABLE 7 15 HP-4"DISCHARGE 3 230 VOLT,3 PHASE,1750 RPM $ $ WITH 40'CABLE 8 15 HT-4"DISCHARGE 1 1750 RPM(RHR/LHR) 8'/4"IMPELLER DIAMETER WITH 25'CORD,YEOMANS SERIFS $ S 9235 SUBMERSIBLE.DRY PIT PUMP WITH CLC MOTOR,MODEL#4103 9 20 HP-4"DISCHARGE 1 1750 RPM(RHR/LHR) 9 1/2"IMPELLER DIAMETER WITH 25'CORD,YEOMANS SERIES $ 9235 SUBMERSIBLE DRY PIT PUMP WITH CLC MOTOR,MODEL 44103 GRAND TOTAL BID PRICE (ITEMS 1 THRU 9): $ Bid No.2014-37 Submersible Wastewater Pumps 281 P a Fg e BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT Estimated delivery time after receipt of purchase order? Exceptions: JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. ❑ YES ❑ NO Vendor: Bid No.2014-37 Submersible Wastewater Pumps 29111 ;i c PROFESSIONAL REFERENCES BID No. 2014-31 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT *Please complete this page or attach your reference page to this sheet. Agency/Company Address City, State,Zip Contact Person Telephone Dates of Service Type of Service Comments: Agency/Company Address City, State,Zip Contact Person Telephone Dates of Service Type of Service Comments; A enc lCompan Address City,State,Zip Contact Person Telephone Date(s)of Service Type of Service Comments: Vendor: Bid No. 2014-37 Submersible Wastewater Pumps 30 P a g CITY OF DELRAY BID SIGNATURE FORM BID No. 201437 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. NAME OF BIDDER Name as registered with their State of origin BUSINESS STREET ADDRESS ➢ Y.O. Box address not permitted CITY,STATE,ZIP CODE MAILING ADDRESS: ❑ Check if same as Business address above. BUSINESS MAILING ADDRESS CITY, STATE, ZIP CODE AUTHORIZED SIGNATURE (Written) PRINT NAME TITLE (of person signing form) DATE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE / CELL NUMBER FAX EMAIL ADDRESS Bid No. 2014-37 Submersible Wastewater Pumps 31 1' a g e VENDORS MARKETING MATERIAL and I or ADDITIONAL INFORMATION BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT Please check if you are "NOT" submitting any additional information. NONE: ❑ Please check one if applicable: ❑ Equivalent ❑ Alternates ❑ Warranty Information Attach all information in back of this page on equivalent, alternates and/or warranty information being offered. Thank You Sid No. 2014-37 Submersible Wastewater Pumps 32 1 P n CITY OF DELRAY STATEMENT OF NO BID BID No. 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT PLEASE AFFIX SIGNATURE WHERE INDICATED If you are not bidding on this service or commodity,please complete and return this form via fax(561)243-7166 or email(nadal a,mvdelra heach.eom VENDOR NAME BUSINESS ADDRESS CITY, STATE, ZIP CODE CONTACT NUMBER SICNATURE DATE Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We,the undersigned have declined to bid on Bid No. BID No. 2014-37 due to the following reasons). Please indicate below with an "X": S ecifications too"tight", i.e., geared toward brand or manufacturer onl ex lain below Insufficient time to res and to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meetspecifications Unable to meet bond requirements Specifications unclear(explain below Other(specify below REMARKS I OTHER Bid No.2014-37 Submersible Wastewater Pumps 33 ADDENDUM NO.1 BID 2014-37 SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT JULY 09, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers: Q. We have wastewater pump products that meet all the non-brand specific items of the specifications, which would perform as good as or better than your requirements. However, Items#8 & 9 are only available from one supplier and have appeared regularly on your annual bids for wastewater pumps. Under Section, K. Alternates of your bids specifications it states "Note: "The use of certain manufacturer's name and catalog number is not intended to exclude consideration of products of other manufacturers meeting the requirement". That said, Paragraph B of your bid specifications indicate that "VENDORS MUST BID ON ALL ITEMS LISTED ON BID FORM". As you can see, there is conflict here that disallows any other vendor to offer a competitive bid. We would like to suggest that the City remove items#8 & 9 from this bid and let competitive bidders bid on items #1-7. Or, alternatively allow the option of "no-bid" on items #8 & 9. This would surely benefit the City by promoting competition on bid items#1-7. A. The bid items were developed with the City's best interest in mind. The bid items along with the pump specifications were developed to be consistent with existing pump conditions and typical inventory levels. Thus,the request for all 9 bid items listed on the bid form. As to disallowing competitive bidding, it would not appear as such per the vendor's claim that they can offer competitive pricing on 77%of the bid items. Q. Can we bid on some of the items? Can you provide Manufacturer and Model number for items 1 through 9? A. To be more specific each horse power pump that we use can have five or six model numbers in the Barnes series. So if we were to list out all horse powers and model numbers we would have a bid sheet with thirty or forty items. However all of the accepted manufactures'that we list have a base price for specific horse powers and sizes which is what is listed. So all a vender wishing to bid on this would need to do is contact the approved manufacture of their choice and provide horsepower and size and be able to obtain a price for quotation purposes. BID#2014-37 Addendum No.l SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT July 09,2014 Q. I have this information. The TDH, GPM etc. are listed as various. Do you have any more specific information? A. NO, please refer to bid specifications. Q. Can we bid the items we can cover and still qualify within the bid? A. The department has stated that all items must be bid. Q. Will you accept applicable alternates to the manufacturers listed? A. The list of acceptable manufacturers is listed on page #17. A lengthy list of approved alternate manufacturers was included since that is inclusive of all major others will not be accepted. NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO (561) 243-7166 OR VIA EMAIL nadalkmydelraybeach.com AS SOON AS POSSIBLE. Planholder By Date Page 2 of 2 BID#2014-37 Addendum No.I SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT July 09,2014 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Service Department Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: August 7, 2014 SUBJECT: AGENDA ITEM 8.K.3-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 CONTRACT AWARD/T.V.DIVERSIFIED,INC. BACKGROUND Consider a recommendation to award a contract to T.V. Diversified Inc. in the amount of$90,378.00 for the annual Lift Station Rehabilitation program, P/N 2014-033. Three lift stations have been identified for rehabilitation this year. The Public Utilities Department requested funding for the annual lift station rehabilitation program with current year's budget allocation at $100,000. The award allows staff to continue their annual rehabilitation program, focusing on stations exhibiting the most deterioration. The stations identified for this year's rehabilitation are #59D, located at the south end of Verona Woods subdivision, #56B in the Hamlet, and#85 at the east end of Chateau Woods subdivision. Staff solicited bids for this rehabilitation work through a formal bid process, with a requirement for pre- qualification. The scope of work includes by-pass pumping of the station; furnishing and installing new stainless steel base plates, flanges, and gaskets; installation of break-away fittings and new pump guide rails with associated brackets; and the installation of a protective coating. Break-away fittings and guide rails to be furnished by the City. The City received four bids as follows: T.V. Diversified, Inc. $90,378.00 Foster Marine Contractors, Inc. $111,529.00 Hinterland Group, Inc. $114,71 0.00 Close Construction $182,140.00 Staff recommends award to T.V. Diversified, Inc. for this project. They meet the pre-qualification requirement for the project and their performance history and references have been verified. Upon approval by City Commission, T.V. Diversified, Inc. will execute the "Standard Form of Agreement between the City and Contractor". The method of acquisition for services under this award recommendation was performed in accordance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION A request for City Commission to consider an award in the amount of$90,378.00 to T.V. Diversified, Inc. as the lowest responsive bidder for the annual 2014 Lift Station Rehabilitation project, P/N 2014- 033. TIMING OF THE REQUEST Bids were received and opened July 29, 2014. Per the City standard bid solicitation, bid prices are to be firm for sixty (60) days from bid opening. Staff requests timely consideration for award to avert any potential price increase. FUNDING SOURCE Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement/ Lift Station Rehabilitation. RECOMMENDATION Staff recommends approval of award to T.V. Diversified, Inc. in the amount of$90,378 for the 2014 Lift Station Rehabilitation project. II CITY OF DELRAY BEACH 100 NW ls'AVEN[JE,DELRAY BEACH,FL 33444 BID N0. 2014-40 Proled No. 2014033 ANNUAL LIFT STATION BEHABILITATION FT2014 MAYOR -CARY D.GLICKSTEIN VICE MAYOR -SHELLY PETROLIA DEPUTY VICE MAYOR -JORDANA JARJURA COMMISSIONER -AL JACQUET COMMISSIONER -ADAM FRANKEL CITY MANAGER -LOUIE CHAPMAN,JR. Purchasing Division*Finance Department ♦(561) 243-7161/7163 ♦Fax(561) 243-7166 CITY OF DELRAY BEACH . PURCHASING OFFICE TEL: (561)243-716117163 N.W. 1 st AVENUE FAX: (561) 243-7166 DELRAY BEACH, FL 33444 www.mydelraybeach.com INVITATION TO BID BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 Project No. 2014-033 July 07, 3014 This Invitation to Bid, General Conditions, instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document foram a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this "Invitation to Bid" is to secure a firm price for the furnishing of all labor, material and equipment necessary for the rehabilitation of Lift Station(s)5613, 59D and 85 for the City of Delray Beach, Florida, hereinafter called the CITY. Prequalification requirements are required for aforementioned project. City of Delray Beach prequalification for: Lift Stations Rehabilitation Note: Due to the lengthy prequalification process, Bidders not prequalified as of this advertisement, will not be prequalified by the bid opening date. A MANDATORY PRE-BID CONFERENCE has been scheduled for THURSDAY, JULY 17T" 2014 at 11:30 A.M. located at Cit y Hall— 1s{ Floor Conference Room 100 N.W. f Avenue Delray Beach FL 33444. SCOPE OF WORK: Successful bidder shall provide by-pass pumping to the respective station, replace guide rails (supplied by City), pump bases, breakaway fittings (supplied by City), discharge pipes (with C900 type), and clean/preparation of station for the application of cementitious coating ("Sewpercoat" or equal). All piping, fittings, flanges, bolts, gaskets, lags, and miscellaneous hardware supplied by contractor. All work shall comply with current State, local and Florida Building Codes. DUE DATE: 10:30 A.M. on TUESDAY, July.29, 2014 at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall in the first floor Conference Room. Bidders and the general public are invited and encouraged to attend. 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 utilized the form provided in the bid package and to ensure that his/her bid reaches the Purchasing Office on/or before the closing date and hour as shown above. RETURN ONE UNBOUND (1) ORIGINAL, TWO (2) COPIES OF ALL BID SHEETS and electronic copy on CD or thumb drive. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 13_' Avenue, Delray Beach, Florida 33444. Bids time-stamped at 10:01 A.M. or later, will not be considered for award and will be returned to the Bidder. DOCUMENTS AND ANY ADDENDA are available on-line at the Demandstar website, Am deirandstar.corn. Demandstar offers a free single agency subscription which includes free document downloads by registering at sp. If you need assistance with registration, or you are a first-time registrant and need immediate download of a document, please call (800) 711-1712. Bid Documents obtained from any source other than Demandstar or the City of Delray Beach Purchasing office may not be accurate or complete, and each Bidder assumes all risks by its reliance on such documents. A Bidder who has not obtained bid documents from DemandStar or the Purchasing office will not be notified of any addenda issued by the City, which could contain material changes thereto (such as additions or changes to the technical specifications, extensions of time, etc.). INQUIRIES: Questions regarding this solicitation must be directed to Purchasing, at(561) 243-716_1 or 7163, by fax to (561) 243 7166 or by email to nadalArnydelraybeach.com. To ensure a timely response, inquiries should be made by TUESDAY, July 22, 2014 no later than 2:00 P.M. Information in response to inquiries will be published as an Addendum. 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 Commission or City Manager. 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. (Remainder of page intentionally left blank) Bid No.2014-40 Annual Lift Station Rehabilitation 2014 21 CITY OF DELRAY BEACH Aftilba, ( ) BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FV2014 PIN 2014-033 PAGE No. Invitation To Bid 1 - 2 Table of Contents 3 General Conditions and Information 4 - 8 Indemnity I Hold Harmless Agreement 9 Cone Of Silence 10 Drug Free Work Place Certification 11 Insurance Requirements & Sample Insurance Form 12 - 15 Standard Form Of Agreement 16 - 21 Corporate Acknowledgement 22 Certificate (if Corporation) 23 Specifications 24 - 25 Schedule of Pricing 26 - 29 Professional References 30 Bid Signature Form 31 Vendors Marketing and/or Additional Information 32 Statement of No Bid 33 Attachment - General Lift Station Requirements 34 Bid No.201440 Annual Lift Station Rehabilitation 2014 3 T t GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION E. 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. E, Please read the bid package in its entirety, including the language in the sample agreement. This language will not be change or modified. 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 is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES AND PRODUCT CONSIDERATION: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F. Economic Price Adjustment a) There may be a change in the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days before the price increase would become effective. The City determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. Bid No.2014-40 Annual Lift Station Rehabilitation,2014 4 1 P :k 4. DELIVERY: A. All items shall be delivered F.O.B_ destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. C. 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 by the City department after receipt of purchase order. S. PAYMENT: Payment in full will be made AFTER all units have been delivered, inspected, and accepted by the City. 6, INSPECTIONS: An authorized representative of the City shall have the right to inspect units upon delivery for condition and completeness of order. After inspection, Bidder will correct any unit unacceptable, including freight charges for returning units, at no expense to the City. 7. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product ether 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 14. 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. Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 5 I I' a L, e 15. SPECIFICATIONS: I A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 26 (Boiler Plate):-Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. 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). 21. CONFLICT OF INTEREST. A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 22. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 6 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. 25. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil cemmotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 26. PROTEST OF AWARD 1 PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not iimited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and 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 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. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.291-13, Sec.35.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 15 Ave Delray Beach, FL 33444 (The remainder of this page has been intentionally left blank) Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 7 I 27. PUBLIC RECORDS: Contractor shall comply with ail public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) If Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 28. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. (The remainder of this page has been intentionally left blank) Bid No.2014-40 Annual Litt Station Rehabilitation 2014 8 j N INDEMNITYIHOLD HARMLESS AGREEMENT BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name Signature Date Bid No.2014-40 Annual Lift Station Rehabilitation 2014 9 t" �s CONE OF SILENCE BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article 111, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's Name Signature Date Bid No, 2014-40 Annual Lift Station Rehabilitation 2014 10 DRUG FREE WORKPLACE CERTIFICATION BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Signature Date Bid No.2014-40 Annual Lift Station Rehabilitation 2014 11 I P a INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $500,000 per occurrence, $1MM aggregate, combined single limit for Bodily Injury Liability and Property Damage Liability. 3, Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of Insurance evidencing the insurance coverage specified in the previous paragraph should be received by Purchasing prior to commencement of work. The required Certificates of Insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. The successful bidder will endorse the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Certificate of Insurance the successful bidder ("not the "insured") shall be required to notify the City of material changes or cancellation of insurance policies, or non-renewal. 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City of Delray!,Beaa'h i5 Li.stied as Additional Insured 2r6j,eat Name: Pxo412'et Number: 30 Days Notice for C«nce.11atior CFRTIFiCAT=HOL.MEK CANCELLATION CfCDe-1 51-,'�J'..i�ANY OF T"K>=A60VE 4ESCRIt�FM'C:7CIE3 9E CANCEi-LED SE?DRE City of Delt ay Beach TWE FS IRATICN aATE EREOH, aonc WILL e nELIV=zEL w A=CIRDANCE WIT.iTtIE PcuOyPROVISIONS.-'3'd Days Notice l0Q NW lsi Avenue AL�'IryrCRPF�F�RE�E4fTkTi'±�r_ �_ T)&ay Beach,FL 33444 o 1980-2010 ACORQ CORFCRATION.All rigtt re.ormi, ACQRD 25(2914105) The ACORD name and Ic90 ors regisfwrd marits of ACORD Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 13 1 11 ,3 i IMPORTANT I the oertifiaate hotdar is an ADDiTIC NA(- INSOMI], the puficyftes) mud be erftvrd. A statement W this cerbftcate does not cortfor rights lathe certffk:ate haldef In Iieu 4f 3uch endarserneni(s), If SURROGATV4 IS WAIVED, subject to t14 terms and wndWrro of thu policy, Certain Ptrlfcies racy regaTr an endomement. A statement on this cerdflcete does riot confer rights is the eetifficate holder in lieu of snot endarsefnent{3}. OISGI AIMl=R Tit® CeMWta of IftsuraM an tha MV"Sd side of 8115 form dam not constitute a cxltltracl beweert tho tssuing insurers), auLhodzed repvwntattve or pmdticer, and the certificate haldef, nor dues It affinttatfvc y-or r�ega{vely emend, extend ar oiler Uw Cav"O afforded by th'3 Puticfes listed Marean. I i Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 14 i% t I I i CDivtMr-RCIAL GI VFFZAL LIABILITY THIS EIJDORSEMEKT CHAN16ES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT COMPLETED OPERATIONS This endorsement modifies Insurance provldod tinder tho Following: COWFRCIAL GENERA' LIARILITY CQVERAGE-PART A. Section If-Who Is An Irisured Is amended to This hrsurance does not apply tai include as an addltional IYhsured any person or organization when you and such person 1. 'Bodily injury', "properly damage' or Fr arganlzatlon have agreed in writing in a 'personal and advertis'ng injury'caused, rnn*Tact or agreement teat such person or in whole or in part py the rendering of, organization he added a5 an Additional irr ur the fziiure to reader,sny professional sured on your poticy. Such person ororgan- architectural, ergineering, or surveying tzation is an addltional insured only with services,including: respect to ilabti'rty caused,lrr whole or in part, by"yourwprh performed forthatinsured and a. The preparing, approving: or failing Included I'n the "products-completed oper- to prepare or approve, maps, shop atlons'hazard, drawings,apinions,reports,surveys, Ttse coverage afforded to the Additional ln- field orders, change orders, or sured is aolely limited to 11abilky specfflo,%ily drawing and speclficatiens,and resulting from the conduct of the Nomad In- sured, which may J)e imputed to the Addi- b. Supervisory, inspection, archltea fronai Insured. tural,or engineering acnvRies, i ©. This endorsemant provides no coveragm to p. Wl31fu1 misconduct of, or for defects defes in the Addltfurrel Insured for liability caused,$n design furn}shad by, tha additional In- whoie or in part, out of the claimed sured or its"employ©ae", ne�lirlehce of the Additional Insured, ctbor than whlcll may be lrrlputod to the Additional AS a mnditlon of oo"a.ge,the addltional in- louurrdby virtue oftheoonductoftheNn mad suredshsilbeobligatedtotonderthedefense. Insurod, and indomPity of every Plalm or suit to ail C. With respect 1;o the Insurance afforded these other insurer's that rrray provide coverage to addltional insureds, tyre following additional the addfUonrl insured, whether writingunt, erc[uslon applies; excess or primary. Includes-^•apyri9 p�cd mavd-]of irsun+ serviges oHrce,a»..wltn n:permisson. CG 70 87 01 OS i Bid No.2014-40 Annual Lift Station Rehabilitation 2014 15 P xt , c STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 2014, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows- 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 -2 Table of Contents 3 General Conditions, Instructions and Information 4-8 Indemnily/Hold Harmless Agreement 9 Cone of Silence 10 Chug Free Work Place Certification 11 Insurance Requirements &Sample Ins. Forms 12- 15 Standard Form of Agreement 16-21 Corporate Acknowledgment 22 Certificate (If Corporation) 23 Specifications 24-25 Schedule of Pricing 26-29 Professional References 30 Bid Signature Form 31 Vendors Marketing and/or Additional Information 32 Statement of No Bid 33 Attachment—General Lift Station Requirements 34 Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 16 l�' 2 g u 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: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 17 1 13 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'irrlproper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County;or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. Bid No. 2414-40 Annual Lift Station Rehabilitation 2014 18 1 11 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 . PUBLIC RECORDS LAWS: CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state. law, CONTRACTOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 191 P a u 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 may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 13. FORCE MAJEURE; No party shall be obligated to perform any'duty,. requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure°). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 14. 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.2014-40 Annual Lift Station Rehabilitation 2014 20 1 P z; IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 21 1 1' a g e CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of , 20 , by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Bid No.2014-40 Annual Lift Station Rehabilitation 2014 22 1' �� CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) 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 as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, l have hereunto set my hand and affixed the official seal of the corporation this day of 20_ (Secretary) (Seal) Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 23 111 a 3 L CITY OF DELRAY BEACH SPECIFICATIONS BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 P/N 2014-033 A. SCOPE OF WORK: The purpose and intent of this "Invitation to Bid" is to seek a firm price for the furnishing of ah labor, material and equipment necessary for the rehabilitation of Lift Stations 56D, 59113, and 85. The scope of work includes the following, provide by-pass pumping at the respective stations, replace guide rails (supplied by City), pump bases, breakaway fittings (supplied by City), discharge pipes with C900 type), and clea nip reparation of station for the application of cementitious coating "Sew ercoat" orequal). All pipina, fittings, flanges, bolts gaskets, lags, and miscellaneous hardware by contractor; nuts bolts and lacls to be 316 stainless steel. All work shall comply with current State Local and Florida Building Codes at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their quotes non-responsive. No quote will be accepted if it offers lower standards of service and/or workmanship than is described herein. B. COMPENTENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid Invitation and who can provide evidence of financial support, and that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. C. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been executed by the City thru its authorized agent. Note: Purchase orders/work orders shall be issued when service is needed. Contract shall be awarded to the lowest bid submitted by a responsible bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current customers. Reference check, review of equipment, examination of financial stability will be considered together with price in the contract award. D PRICE FOR SERVICE: Refer to Proposal pages. All proposal pages must be completed in entirety. E. QUANTITIES: Quantities stated on Bid Form (Schedule of Pricing) are estimates only. No guarantee is given as to the actual quantities that will be needed. Said estimated quantities shall be used for purposes of evaluating the most responsible low bidder meeting specifications by the City. F. FIRM PRICE: The City requires a firm fixed price on unit prices as bid for the contract. G. TIME FOR COMPLETION: It is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of this Contract. The complete project must be completed within Thirty (60) days after Notice to Proceed date. The Contractor agrees to being with an adequate force to have the work completed in the time period indicated. Furthermore, if the awarded Contractor fails to complete the work within the prescribed time, the awarded Contractor will pay the City of Delray Beach liquidated damages for each day the work is not completed within the prescribed time. The damage will be at the rate of$250.00 per day. Bid No.2014-40 Annual Lift Station Rehabilitation 2014 241 P a �� H. PERFORMANCE: It is the intention of the City of Delray Beach to contract as specified herein with one source that will give prompt and convenient response to the City's needs. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the City for cause or without cause. 1. TERMINATION: This AGREEMENT may be terminated by either party by seven (7) calendar day's prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONTRACTOR and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. J. PERMITS AND LICENSING: All bidders should submit a copy of their Underground Utility License with their bid, or it will be assumed by the City that the successful bidder will secure the appropriate License within seven (7) day(s) notice of award of contract. The awarded bidder shall secure all permits and arrange for all inspection as required, K. COMPLETION OF WORK: Contractor will be required to complete the work within 60 calendar days from the Notice to Proceed. If after the awarded Contractor has completed the work and it is found upon inspection by the City's Utility Maintenance Manager not to be satisfactorily completed, the Contractor will have a specified time, to be determined by the Utility Maintenance Manager, to correctly complete the work. Upon completion the Contractor will request a final inspection of all work by the Utility Maintenance Manager. If the Contractor fails or refuses to complete the work to the City's satisfaction, the City reserves the right to procure the services from another source and hold the Contractor responsible for any cost occasioned or incurred thereby. Precautions will be exercised at all times for the protection of persons (including employees) and property. Barricades will be provided by the Contractor at Contractor's expense, when work is performed in areas traversed by persons or vehicles, or when deemed necessary by the City's representative. L. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for regular work-hours and after-hours, weekends, and holidays must be identified. M. ADDITION 1 DELETION OF SITES: The City Of Delray Beach reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any areas to be added to the contract. N. INFORMATION: Any questions in regards to the Detailed Specifications or submission of this bid should be addressed to the Purchasing Department at 561-243-7161 ! 7163, nadal@mydelraybeach.com. O. JOINT BIDDING, COOPERATIVE PURCHASING AGREEMENT: State an Bid Form (see page 23, Schedule of Pricing) if you will extend the same prices, terms, and conditions to other Palm Beach County Governmental agencies. P . PUBLIC ENTITY CRIMES INFORMATION STATEMENT; A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 25 1 " � F- m � \ / m W / z 2 2 � 2 G \ � \ Q & 7 \ _ Q / u \ 2 z 2 ) _ § q / 6 u 3 u \ u @ 4 a ) W } § Z § ) Q r § ■ g ./ w * 2 t6 ) / . k � z .B a ƒ § 7 ƒ ( / z % b � § ; 71 Wi /} \} / \ _ o 2 ( § § j \ § \ ®) § � } * / / \ / co CD = c E ¥ / ƒ / \ m � ) j 'o \ (13 � ƒ S �m � E \ \ � E � / k wo � � 2 2 � \ � § � � 3 � / .R � u q � � \ t / § j = ; _ \ \ / \ G / 6 \ C j j \ / o f \ - � D § ) / tz z ) � - \ 5g a g \ a \ * \,C: Q \\ / \ \\ \ ) � g =m \ § L4 —ld/ > © x � «L / s 7 § \ \ \ § � , 3 § \ \ \\ \ \ / }/ � L � \ [ � / # 2 = / / § \ \ & m n e N n m ® 2 / 2 2 �E wa � � I � w � N v Z i a o` 3 c W U a H 12 D U o U q il Q U Cl U P° U p N M I � a m bb y A O C 5 El r�3 � � o � c � tip ❑_ Pry Q Kj e1 — w ti m N° W W W c`4 W W W co ro �i ' U n o O `n c-- :d O O C"! Qo V1 � 0 M M M m m m IT (/] ~ Z � J � BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 Comm ents/Exceptions: JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT; Will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. ❑ YES ❑ NO Vendor: Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 29 1 F' PROFESSIONAL REFERENCES BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 *Please complete this page or attach your reference page to this sheet. A enc /Compan Address City,State,Zip Contact Person Telephone Dates of Service Type of Service Comments: Agency/Company Address City, State,Zip Contact Person Telephone Dates of Service Type of Service Comments: Agency/Company Address City, State,Zip Contact Person Telephone Dates of Service Type of Service Comments: Vendor: Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 30 1> a e CITY OF DELRAY BID SIGNATURE FORM BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2O14 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. NAME OF BIDDER Y Name as registered with their State of origin BUSINESS STREET ADDRESS P.O. Box address not permitted CITY,STATE, ZIP CODE MAILING ADDRESS: ❑ Check if same as Business address above. BUSINESS MAILING ADDRESS CITY,STATE, ZIP CODE AUTHORIZED SIGNATURE(Written) PRINT NAME TITLE (of person signing form) DATE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE / CELL NUMBER FAX EMAIL ADDRESS Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 31 i1 a VENDORS MARKETING MATERIAL and I or ADDITIONAL INFORMATION BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 Please check if you are "NOT" submitting any additional information. NONE: ❑ Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 32 ' a '. CITY OF DELRAY STATEMENT OF NO BID BID N0. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 PLEASE AFFIX SIGNATURE WHERE INDICATED If you are not bidding on this service or commodity, please complete and return this form via fax(561)243-7166 or email(nadal(c�rnydeiraybeach.com VENDOR NAME BUSINESS ADDRESS CITY,STATE, ZIP CODE CONTACT NUMBER SIGNATURE DATE Minority Owned Business: ❑ Black ❑ Hispanic ❑Woman ❑ Other We,the undersigned have declined to bid on Bid No. BID No.2014-40 due to the following reason(s). Please indicate below with an "X": Specifications too"tight", I.e.,geared toward brand or manufacturer only(explain below Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our oroduct schedule would not permit us to perform Unable to meetspecifications Unable to meet bond requirements Specifications unclear(explain below Other s e ify below REMARKS/OTHER Bid No. 20'14-40 Annual Lift Station Rehabilitation 2014 33 CITY OF DELRAY ATTACHMENT BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 General Lift Station Requirements Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 34 11, ;) g u GENERAL LIFT STATION REQUIREMENTS VALVE VAULT PRECAST CONCRETE OF ADEQUATE SIZE TO ACCOMODATE ALL VALVES, FITTINGS, AND PUMP CONNECTION WITH A MINIMUM 4-INCH CLEARANCE BETWEEN INSIDE WALLS AND ALL VALVES/FITTINGS. VAULT TO BE DRAINED TO WET WELL USING A GRAVITY LINE OF SCH. 80 PVC INCORPORATING A FLAPPER STYLE CHECK VALVE TO PREVENT SEWER GASES FROM ENTERING THE VAULT FROM THE WET WELL W/ RUBBER SEAL & GASKET. VALVES CUT-OFF VALVES TO BE DEZURIK (NO SUBSTITUTIONS ALLOWED) ANTI-FREEZE TYPE PLUG VALVES MOUNTED IN SEPARATE VAULT OUTSIDE OF WET WELL. VALVES MUST BE FLANGED AND ADEQUATELY SUPPORTED. CHECK VALVES SHALL BE KENNEDY (NO SUBSTITUTIONS ALLOWED) SWING CHECK WITH WEIGHTED ARMS, FLANGED ON BOTH ENDS AND ADEQUATELY SUPPCRTED. PIPING DUCTILE IRON CLASS 52 FLANGED, MINIMUM 4-INCH DIAMETER FROM EACH PUMP, AND MINIMUM 6-INCH DIAMETER WHERE TWO ARE MANIFCLDED TOGETHER FOR SINGLE DISCHARGE. WET WELL CONSTRUCTION SHALL BE OF REINFORCED CONCRETE MADE OF TYPE 2 CEMENT. INSIDE OF WET WELL SHALL BE LINED WITH SEWPER COAT® COATING TO RESIST CORROSION FROM SEWER GASES AND SHALL HAVE A MINIMUM 6 FEET INSIDE DIAMETER WITH ONE 8 -INCH MINIMUM INFLUENT LINE ARRANGED TO AVOID AIR ENTRAINMENT AS FLOW ENTERS. SUMP AREA BELOW INFLUENT LINE INVERT SHALL BE A MINIMUM 4-FEET DEEP WITH TAPERED BOTTOM TO AVOID SLUDGE DEPOSITS. INFLUENT PIPE CONNECTION AND WET WELL JOINTS SHALL BE O-RING GASKET OR FLEXIBLE WATER TIGHT JOINTS. A 12-FEET WIDE STABILIZED ROAD SHALL BE PROVIDED FOR MAINTENANCE TRUCK ACCESS. MINIMUM WALL THICKNESS SHALL BE 8-INCHES, MINIMUM FOUNDATION THICKNESS SHALL BE 18- INCHES, FOUNDATION SLAB TO BE SET ON A 18-INCH LAYER OF WASHED ROCK WRAPPED IN FILTER FABRIC. (SEE STANDARD BEDDING DETAIL D 3.1), SPARE PARTS ALL TELEMETRY ITEMS LISTED ON LS 4.2 UNDER SPARE PARTS. CITY of DEFRAY BEACH GENERAL LIFT STA-ION DATE: iz-3o—zoa2 1 . 0 ENVIRONMENTAL SERVICES DEPARTMENT REQUIREMENTS LS 1 .1 C1 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 33444 (SHEET 1 OF 3) GENERAL LIFT STATION REQUIREMENTS (CON'T.) HATCH COVERS HATCH COVERS TO BE ALUMINUM WITH 316 STAINLESS STEEL HARDWARE, AND WITH AN ARRANGEMENT FOR PADLOCK. HEAVY DUTY TRAFFIC BEARING ALUMINUM SHALL BE USED AT ALL LOCATIONS. EACH HATCH SHALL BE SPRING LOADED AND LOCK UPON CLOSING, AND SHALL BE EQUIPPED WITH A SAFETY ARM, ALL HATCH COVERS ARE TO HAVE A GASKET SEAL. WET WELL HATCH COVERS SHALL HAVE THE LID SPLIT INTO TWO (2) OR THREE (3) SECTIONS DETERMAINED BY THE STATION CONFIGURATION. THE SECTIONS SHALL BE SIZED AND SET UP TO ALLOW ALL SINGLE PUMP TO BE REMOVED AT TIME_ EACH SECTION SHALL BE ABLE TO OPEN WITHOUT OPENING ANOTHER SECTION, AND EACH LID REQUIRES A PAD LOOK POST. GUIDE/SLIDE RAILS IN ORDER TO STANDARDIZE INSTALLATION AND SERVICE PRACTICES, THE FOLLOWING "BREAK--AWAY—FITTING" (BAF) IS TO BE PROVIDED FOR EACH PUMP PUT INTO SERVICE. EACH BAF SHALL INCLUDE THE STATICNARY BASE ELBOW, UPPER GUIDE RAIL SUPPORT BRACKET AND MOVEABLE FITTING AS SPECIFIED. THE 4" X 4" SHALL BE BARNES PART NO. 087315. THE 6" X 6" SHALL BE BARNES PART NO. 091550. NO SUBSTITUT4ONS ALLOWED, ALL COMPONENTS SHALL BE CAST IRON OR STAINLESS STEEL (INCLUDING HARDWARE). MATING CONTACT BETWEEN MOVEABLE AND STATIONARY FITTINGS SHALL BE OFF-VERTICAL, UTILIZING THE PUMP WEIGHT TO ASSURE A LEAK-FREE CONNECTION EVEN AT HIGH DISCHARGE PRESSURES. MATING FACE SHALL UTILIZE 0-RING DESIGN CAPTURED IN DOVE—TAIL GROOVE OF MOVEABLE TITTING, GUIDE RAILS SHALL BE 1-1/2—INCH SCHEDULE 40, 316 STAINLESS STEEL AND ADEQUATELY SECURED TO BOTTOM AND/OR SIDE OF WET WELL. THE BAF'S SHALL BE MOUNTED SECURELY WITH APPROVED ANCHORS, 316 STAINLES STEEL HARDWARE. WATER CONNECTION MINIMUM 1-1/2—INCH WATER SERVICE WITH RPZ BACKFLOW PREVENTER, CUT OFF VALVE W/ BOX, AND METER APPROVED BY THE CITY OF DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT SHALL BE PROVIDED AND POSITIONED NEAR THE CONTROL STAND. PROVIDE A 1-1/2—INCH TEE AND SERVICE LINE WITH REDUCING BUSHING TO RTU UNIT FOR MONITORING CITY WATER PRESSURE AND A 3/4—INCH SERVICE W/SHUT OFF VALVE INTO WET WELL (CAPPED), PUMPS THE MINIMUM 4.5 HP, 3—INCH SOLIDS HANDLING, 4--INCH DISCHARGE DIAMETER PUMPS SHALL BE MANUFACTURED BY PEABODY BARNES, OR APPROVED EQUAL, AND SHALL BE DESIGNED TO OPERATE NEAR OPTIMUM EFFICIENC". MINIMUM TWO PUMPS SHALL BE INSTALLED IN ONE LIFT STATION WITH DEVICES TO PREVENT MOTORS FROM DRAWING MORE THAN FULL LOAD RATED AMPERAGE. VIBRATION MUST NOT BF EXCESSIVE ON ANY PART OF THE PUMP CURVE. PUMP RATE PUMPS TO OPERATE AT _______ GPM, TDH= __ FT. FLOOD CRITIERA 3 DAY, 25 YEAR STORM EL.=-------- TOP OF STRUCTURE EL.=--- 3 DAY, 1 CO YEAR STORM EL.=_____, BOTTOM OF CONTROL PANEL EL.=_ ___ � CITY of DELRAY BEACH GENERAL LIFT STATION DATE:12-30-2002 d ENVIRONMENTAL SERVICES DEPARTMENT REQUIREMENTS LS 1(� Dy" 434 SOUTH 8W{NTON AVENUE,DELRAY BEACH,FLORIDA 334!4 (SHEET 2 Off' 3) � GENERAL LIFT STATION REQUIREMENTS (CON'T.) 1. WET WELLS TO BE LINED WITH SEWPER COATS SYSTEM SPECIALLY DESIGNED FOR THE PROTECTION OF SANITARY MANHOLES, WET WELLS AND VALVE VAULTS. LINING SHALL BE AS MANUFACTURED BY FLORIDA LINERS, INC. OR APPROVED EQUAL. 2. VALVES AND VALVE BOX TO BE COATED WITH SEWPER COAT® OR APPROVED EQUAL. 3. HATCH COVERS TO BE SPRING LOADED AND GASKETED, WET WELL COVER TO BE SPLIT. 4. WATER CONNECTIONS TO HAVE 1-1/2—INCH SERVICE WITH REDUCING BUSHINGS FOR CITY PRESSURE MONITORING AND 3/4—INCH SERVICE INTO WET WELL (CAPPED). 5. VINYL COATED, GREEN IN CHAIN LINK FENCE TO MATCH EXISTING AREA. (TROPICAL FENCE). 6. R,T.U. SHOULD REMAIN OUTSIDE OF CONTROL CABINET AT EXISTING STATIONS DUE TO HIGH AMBIENT TEMP. 7. GENERATOR PLUG (1044FR-100A MALE) OR (2044FR-200A MALE) REVERSE SERVICE. (MFR. RUSSELL STOLL) 8. CONDUITS TO BE SEALED IN CONTROL CABINET WITH NYLON STRAIN RELIEF CONNECTORS AND 'DUCT SEAL" OR EQUAL. 9. SEE PUMP BY—PASS DRAWING. 10. ALL CONTROLS SHALL BE TESTED BY THE CONTRACTOR AND VERIFIED BY ENVIRONMENTAL SERVICES MAINTENANCE PRIOR TO BEING ACCEPTED BY THE CITY. 11. SUBMERSIBLE PRESSURE TRANSDUCERS SHALL BE USED. (KELLER LEVEL GAGE P/N 0407.01302.0201C9 RANGE 0-10 PSIG) ®RCITY of DELRAY BEACH GENERAL LIFT STATION oATE:ai—zs—zoos , ENVIRONMENTAL SERVICES DEPARTMENT REQUIREMENTS LS 1.1 C 43450UTH SWINTON AVENUE,DFL.RAY WACH,FLORIDA 93444 (SHEET 3 OF 3) INSTALLATION NOTES 1. SEAL ALL CONDUITS IN THE CABINET WITH ELECTRICAL DUCT SEAL TO KEEP OUT FUMES AND MOISTURE. SUPPORT CABLES ENTERING THE CABINET WITH PVC STRAIN RELIEF CONNECTORS. 2. CONDUIT TO FP & L SERVICE POINT SHALL BE RIGID GALVANIZED PVC COATFD. CONDUITS TO WET WELL SHALL BE ON SCHEDULE 80 PVC, 2" FOR ALL. 3. TEST BY MEGGERING ALL WIRES AND MOTORS. READINGS SHOULD BE 20 MEGOHMS OR MORE TO GROUND. (DO NOT MEGGER LOW VOLTAGE CONTROLS). 4. OPERATE PUMPS. CHECK DIRECTION, RECORD VOLTAGE AND AMPERAGE WITH EACH AND BOTH RUNNING. ALL WORK TO BE COMPLETED WITH SUPPLIER'S FIELD REPRESENTATIVE PRESENT. 5. CHECK OPERATION WITH OWNER'S PORTABLE GENERATOR. CHANGE DIRECTIONS IF NECESSARY TO PROVIDE CORRECT ROTATION. 6. PANEL MUST NOT BE CLOSER TO WET WELL OPENING THAN 36 INCHES AS MEASURED FROM FRONT OF PANEL. 7. PROVIDE SEPARATE 2" CONDUIT FOR EACH PUMP CABLE AND ONE 2" CONDUIT FOR FLOAT SWITCHES. 8. POWER SERVICE SHALL BE ROUTED THROUGH BOTTOM OF PANEL. 9. ALL HARDWARE IN WET WELL SHALL BE 316 STAINLESS STEEL INCLUDING ANCHORS. 10. ALL CABLES TO WET WELL SHALL BE CONTINUOUS WITH NO SPLICES. 11. CABLE FOR PUMP MOTORS SHALL BE OF SUFFICIENT LENGTH TO ALLOW PUMP MOTORS TO BE REMOVED FOR SERVICING 12. SERVICE TO MAIN BREAKER IN CONTROL PANEL SHALL HAVE HI LEG CENTER AND IDENTIFIED BY ORANGE PHASING TAPE FOR 240V DELTA. arCITY of DELRAY BEACH DATE: 09-12-0 ENVIRONMENTAL SERVICES DEPARTMENT INSTALLATI ON NOTES LS 1. 4Ll 34 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 31444 6' HIGH CHAIN LINK FENCE W/ COLOR SLATS TO MATCH 1" PVC FROM CONTROL EXISTING AREA COLOR CODE TO VALVE BOX (SEE WRITTEN SPECIFICATIONS) HINGES (TYP) VENT HINGES (TYP.) CONTROL PANEL W/RTU VALVE VAULT PLUG VALVE MIN. 36" FRONT OF PANEL TO WETWELL _ PLUG D.I-P. FORCE MAIN , VALVES r 'I ➢ a Alope — l EMERGENCY BY—PASS 1-1/2" WATER SERVICE O e a 3/4" PVC TO WETWELL W/REDUCING BUSHING 271 (CAP FOR FUTURE USE) TO f2TU CHECK VALVES R.P.Z, BACKFI_OW ASSEMBLY (TYPICAL LOCATION) 2 — 6' WIDE GATES 2" PVC CONDUIT (CENTERED ON WET WELL) FROM WET WELL TO 1-1/2" WATER SERVICE VALVE BOX, CAPPED (SEE TYPICAL SERVICE I INFLUENT LINE (TYP) CONNECTION DETAIL) 12' WIDE COMPACTED (D.LP.) SHELLROCK BASE WITH 1" ASPHALT SURFACE ACCESS ROAD NOTES: ENGINEER TO DESIGN 'SITE PLAN USING THE ABOVE EXAMPLE. DESIGN CRITERIA "SITE PLAN LOCATION" DETAIL SHALL BE DRAWN TO SCALE WITH: 1. NCRTH ARROW. 2. FENCE WITH 2-6' WIDE GATES. 3. INFLUENT LINE ENTRY LOCATION. 4. HINGE LOCATION. 5. SHOW POWER SERVICE FEED (WITH "AS GUILTS"), 6. 36"-42" FROM PANEL TO WET WELL OPENING. 7, EMERCENCY PUMP OUT LOCATION SHALL BE INSIDE OF THE VALVE BOX (SHALL BE SAME SIZE AS PUMP DISCHARGE). 8, DESIGN TO BE COORDINATED WITH DETAIL SHEET LS 2.2. 9, FENCED AREA TO BE COVERED WITH 2 PLY 40 VISQUEEN AND A MNIMUM OF 2" OF 3/4" WASHROCK, G. INFLUENT MAIN SHALL BE CLEAR OF PANEL AND VAULT. 11. MIN. LOT SIZE TO BE 30' X 30', 12. MOUNT 0-1CO PSI TRANSMITTER IN A PVC - J - BOX (4"X4") & FLEX TO RTU. CITY of DELRAY BEACH °ATE: 09-12-00 ENVIRONMENTAL SERMCES DEPARTMENT TYPICAL SITE PLAN LAYOUT LS 2.1 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 93444 PLUG VALVE WITH BOXES 12"MlN. CONTROL J #1 4" MIN. PANEL PUMP #2 4"MIDI. EMERGENCY BY-PASS WITH SLUT OFF VALVE ° z AND CAM LOC. FITTING SECTIONAL - PLAN CONSTRUCTION OF VAULT SHALL BE PRECAST OR POURED IN PLACE CONCRETE WITH STEEL ROD REiNF, 36"-42" (MfN. WALL THICKNESS 5") I D 9 ct- - WET WELL COVER TOP SLAB - PLAN CITY of DELRAY BEACH DATE: 09-z0-00 m ENVIRONMENTAL SERVICES DEPARTMENT TYPICAL LIFT STATION PLAN LS 2.2 434 SOUTH BWINTON AVENUE,DELRAY 8EAGH,FLORIDA 33444 3/4" WASHED ROCK FLUSH WITH TCP OF SLAB TAPER TO MINIMUM 2" THICK AT FENCE LINE 4" D.i.P_ VENT TRAFFIC BEARING DRILL, TAP, INSTALL ALUMINUM CCVER 0-100 PSI TRANS COMPANION FLANGE (SEE GENERAL LIFT MITTER ON CHECK STAINLESS STEEL STATION REWREMENTS) VALVE HD, W/ HARDWARE CLOTH CAM Loci FiTTNC SHUT OFF VALVE. / SCREEN PLUG VALVE MIN. 8" CONC. 1PMIN. GRADE TEE �— 4 n CD SLEEVES SIZE M I NC TO ACCOMMOD IN EL. 0.0 3-2" CONDUITS —D.I.P, 1-1" CONDUIT CAULK WATER— 4 TIGHT AFTER I 2" PVC DRAIN PRESSURE GAUGE INSTALLATION W/FLAPPER S BL. TRAP SADDLE EMERGENCY FLOAT D.I.P. HORIZ. SWING CHK. POWER CABLE VALVE WITH LEVER AND WEIGHT I Q.I.P. INFLUENT INV, EL.—_0.0_ PRESSURE TRANSDUCER (SEE 2.4) d' I I MECHANICAL JOINT TO 0 FLANGED ADAPTOR. ° FLR. OF WET WELL— EL. 0.0 BASE AND FIRST WALL .�� SECTION—MONOLITHIC POUR 5"MIN f MINIMUM 1/2- STAINLESS STEEL 72" MIN. "�J BOLTS WITH NUTS & WASHERS NOTES: MIN. COAT WITH HEAVY BITUMATIC AFTER FINAL ASSEMBLY 1. RAMNECK & NON—SHRINKING GROUT IN ACCORDANCE WITH STANDARD MANHOLE SPECIFICATIONS. 2. INTERIOR OF WET WELL TO BE COATED W/ SEWPER COATS AS DESCRIBED IN THE LIFT STATION GENERAL REQUIREMENTS, 3, WET WELL PIPING AND VALVE VAULT AND VALVE VAULT PIPING TO RECEIVE TWO COATS 0= KOPPERS BITUMASTIC 300M, 8-10 MILS D.F.T./COAT OR EQUAL, FIRST COAT RED, SECOND CCAT BLACK, 4. ALL STEEL IN WET WELL SHALL BE STAINLESS STEEL INCLUDING GUIDE BARS, CABLE SUPPORTS,CABLE HOLDER & GUIDE BAR BRACKET. (TYPE 316 55 MIN.) 5. TYPE II REINFORCED CONCRETE (# 4 BARS 0 12" CC THROUGHOUT)„ 4000 p.sJ. 6. SEE PLAN FOR CORRECT ORIENTATION OF PIPES, VENT AND OTHER FIXTURES. aCITY of DELRAY BEACH DATE: 5-2-2008 ENVIRONMENTAL SERVICES DEPARTMENT TYPICAL LIFT STATION (SECTION) LS 2.3 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 83444 30" MIN. TO OVERHEAD IELENHONE ON ELEC IRICAL LOW VOLTAGE LINES 1-1/4"x 21' FPL DISCONNECT POWER METER I II I I II I I II l II I I II I II I I it I I II I I II I , II I _I--------LI-------I; 5,6„+6"ABOVE I WET WELL i t COVER I II I h I II II I I I I II I I II II R.T.U. ' I` li I I II I it I LUGS ON CABINET TO BOLT THROUGH GENERATOR PIPE WITH 316 S.S. I I I I I I RECEPTACLE II BOLTS, NUTS AND II I WASHERS I I 3" ALUM. OR MATCH TOP OF S.S. SUPPORT WET WELL #`� 12 #4 GROUND WIRE TO Q.C. E,W. SLEVVE EACH 3” SUPPORT I FINISHED GRADE I In I'�L j 6" MIN. THICKNFSE , I 1" PVC TO THE VALVE BOX II 02" CONDUITS 15" x 15" x 2'-0" DEEP ANTENNA BASE CONDUIT TO POWER CO. SERVICE N0 TES � (2) 1" CONDUIT (PVC) 1, RTU MOUNTED ON FRONT OF RACK. TO THE BOTTOM OF 2. SERVICE WIRE SIZE— #3 COPPER, 1DOA MAIN THE R.T.U. BREAKER, 100A EMERGENCY BREAKER, STARTER MOTOR— NEMA SIZE 1, 20A MOTOR 5/8" x 8' GROUND ROD, CIRCUIT PROTECTOR TRIP RATING. COPPERCLAD WITH APPROVED BRONZE CONNECTOR, TOP 3. BOTTOM OF CONTROL PANEL TO BE SET OF ROD CONNECTION TO BE ABOVE 100 YEAR FLOOD ELEVATION. LEFT VISIBLE ABOVE SLAS. 4, DO NOT KNOCK OUT OR USE ANTENNAE MOUNTING HOLE (RTU) SEE ELECTRICAL NOTES' v 5. SLEEVE GROUND RCD, DO NOT POUR CONCRETE AROUND ROD CITY of DELRAY BEACH °ATE:12-3°-2 002 e ENVIRONMENTAL SERVICES DEPARTMENT TYPICAL CONTROL PANEL LS 3.1 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 93114 GENERAL LIFT STATION PANEL REQUIREMENTS 1. ENCLOSURE TO BE 316 STAINLESS STEEL WEATHER PROOF. PANEL TO FINISH. PANEL TO BE LOCKABLE AND EQUIPPED WITH DEAD FRONT AND FLUORESCENT LIGHT INSIDE. 2. NEMA RATED CLASS 8536 STARTERS TO BE SQUARE D. 3, STARTFRS/CONTROL. CIRCUITS SHALL BE 120 VAC. 4. GENERATOR PUGS TO BE 1044FR-100A, 2044-FR--200A. 5. CABLES/WIRES FOR EACH PUMP MOTOR SHALL BE UNSPLICED, INSTALLED IN A SEPARATE 2" CONDUIT (SCH. 80 PVC). 6, GFI TO BE INSTALLED IN ENCLOSURE ON A SEPARATE BREAKER. (SQ. D QOU). 7. RTU SHALL BE ON A DEDICATED BREAKER. (SO. D QOU). 8. CONTROL VOLTAGE SHALL BE ON A DEDICATED BREAKER. (SQ. D QOU). 9_ CONDUITS BETWEEN WET WELL AND ENCLOSURE SHALL BE SEALED TO PREVENT GASES FROM ENTERING ENCLOSURE. (NYLON THCMAS & BETTS STRAIN RELIEFS AND "DUCT SEAL"). 10. POWER DISTRIBUTION BLOCKS TO BE USED, WITH COVERS 11. TERMINAL STRIPS SHALL BE USED FOR INTERFACE BETWEEN RTU AND CONTROL CABINET. (30 POINTS MINIMUM). 12. AN INTERLOCK SHALL BF INSTALLED BETWEEN MAIN/EMERGENCY BREAKER. 13. EACH MOTOR SHALL HAVE A SEPARATE BREAKER. (SO D). 14, INTRUSION ALARM MONITORS THE OUTSIDE DOOR ON THE PANEL. 15. ALL PANDUIT SHALL BE 1.5" BY 1.5" MINIMUM. � CITY of DELRAY BEACH GENERAL LIFT STATION PANEL DATE: 12-30-2CC2 d ENVIRONMENTAL SERVICES DEPARTMENT REQUIREMENTS (SHEET 1 OF 2) LS 3.2a m 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 83444 GENERAL LIFT STATION PANEL REQUIREMENTS (CON-T) 16. PANEL TO INCLUDE HOA SWITCHES FOR MANUAL OVERRIDE OF SYSTEM IF TELEMETRY FAILS. 17. SUPPORT STAND SHALL CONSIST OF STAINLESS STEEL COMPONENTS AND SHALL BE SECURED IN A CONCRETE BASE. 18. PUMP BREAKERS MUST PROVIDE THE ABILITY TO BE LOCKED AND TAGGED OUT. 19, A FUSED ELECTRICAL DISCONNECT SHALL BE PROVIDED BETWEEN THE FLORIDA POWER & LIGHT METER AND THE CONTROL BOX, 20. LIGHTNING AND SURGE ARRESTER SHALL BE PROVIDED. 21. THERE SHALL BE A RUN INDICATOR LIGHT ON THE DEAD FRONT PANEL FOR EACH PUMP/MOTOR. 22, INSTALLATION MUST MEET ALL NEC AND CITY CODES. 23, CONTROL CABINET SHALL BE GROUNDED TO A SEPARATE 5/8" X 8' COPPER GROJND ROD. 23. BREAKERS ARE TO BE SQUARE D; MOTOR BREAKERS TO BE MAGUARD; CONTROL BREAKERS TO BE SQUARE D QOU 24. OVER LOAD RESETS THROUGH DEAD FRONT, 25. NEUTRAL BLOCK TO BE ISOLATED FROM CABINET AND SIZED PER CABINET WITH MINIMUM OF 8 LUGS. (NO DOUBLE LUGGING ON NEUTRAL BLOCK). 26. ALL WIRING CONNECTIONS (INCLUDING TERMINALS) SHALL BE COATED WITH AN ANTI—OkDANT JOINT COMPOUND (i.e., NOALOX). 27. PANEL VENDER SHALL INCLUDE THE FOLLOWING IN THE PANEL: A) FLOWLINE DIGITAL METER MODEL NUMBER LI15-1001, B) WIKA LS-10 SUBMERSIBLE LEVEL TRANMITTER, 0-10 PSI. CITY of DELRAY BEACH GENERAL LIFT STATION DATE: 12-30-2002 ENVIRONMENTAL SERVICES DEPARTMENT PANEL REQUIREMENTS LS 3.2b 6 454&OUTH MINTON AVENUE,DELRAY BEACH,FLORDA 03444 (SHEET 2 OF 2) DISCONNECT TO F.P.& L. Co_ POLE F � I I M I ANTENNA GROUND & NEUTRAL ---- --———————————---—-- — � GENERATOR © LIGHTNING ARRESTER I CONNECTION I oa I CB'S INTERLOCKED SO ONLY ONE MAY CLOSE I B II I 4 CU I Co \ H (15A ( ( 15 RADIO ` (20A i NEMA NEMA PANEL IZE 1 IZE 1 ENCLOSURE II M-1 M_2 o f 1L — — CONTROLS_ GROUND RCD 5/8" FLOURSCENT X 20' LONG COPPER CLAD WITH BRONZE E CLAMPS. MOTOR MOTOR TRANSFORMER IS NOT REQUIRED ON 240V SYSTEMS (ONLY ON 480 V) SEE ELECTRICAL NOTES: CITY of DELRAY BEACH DATE: °9-,2-°° 'd ENVIRONMENTAL SERVICES DEPARTMENT POWER LIW DIAGRAM LS 3.3 43443OUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 83444 ELECTRICAL NOTES 1. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE NATIONAL ELECTRICAL CODE AND APPLICABLE LOCAL CODES. COMPONENTS SHALL BE APPROVED AND LISTED BY UNDERWRITERS LABS, AND SHALL BE SO LABELED FOR THE SERVICE INTENDED. A_ ALL PANELS ARE TO BE MANUFACTURED PER DRAWING AND WRITTEN SPECIFICATIONS, 2, THE PUMP CONTROL PANEL SHALL BE FURNISHED COMPLETELY ASSEMBLED AND WIRED, WITH THE FOLLOWING MINIMUM FEATURES: A. STAINLESS STEEL ENCLOSURE, 14 GUAGE, TYPE 316, WELDED SEAM. ALL HARDWARE 316 STAINLESS STEEL, WITH PIANO HINGE, NEOPRENE GASKET, 3—POINT LATCH WITH PADLOCK HARDWARE AND DRIP SHIELD FOR MODIFIED NEMA 12 CONSTRUCTION. OUTSIDE DOOR SHALL BE BLANK WITH ALL CONTROL COMPONENTS MOUNTED ON OR PROJECTING THROUGH DEAD FRONT HINGED INNER PANEL. HEAVY COMPONENTS SHALL BE MOUNTED ON AN ALUMINUM BACK MOUNTING PANEL. INNER PANELS SHALL BE ALUMINUM. OUTER DOOR SHALL HAVE 9" X 11" STAINLESS STEEL POCKET FCR LOG HOOK, AND LATCH TO SECURE THE OUTER DOOR AND DEAD FRONT IN AN OPEN POSITION. THE= TOP OF PANEL SHALL BE 5'6" TO 6' ABOVE THE WET WELL COVER_ ALL PANELS, METER BOXES AND TELEMETRY BOXES ARE TO BE MOUNTED ON 316 STAINLESS STEEL STRUTS WITH 316 STAINLESS STEEL FASTENING DEVICES AND SHALL BE SUPPORTED BY AT LEAST 3" 316 STAINLESS STEEL PIPE CAPPED AT THE TOP, B. MAIN AND EMERGENCY CIRCUIT BREAKERS SHALL BE 3—POLE MECHANICALLY INTERLOCKED SUCH THAT BOTH CANNOT BE ENGAGED AT THE SAME TIME, AND SHALL BE THE SAME SIZE SQUARE D COMPONENTS. C. SERVICE RATED OUTSIDE FUSED DISCONNECT SWITCH ON REAR OF PANEL, NEMA 4. STAINLESS STEEL, WITH AIC RATING EQUAL TO THE INCOMING SERVICE. D. GENERATOR RECEPTACLE TO BE 1044FR FOR 100A. SERVICE ONLY 2044FR FOR 200A, E. TWO (2) SEPARATE SINGLE POLE CIRCUIT BREAKER FOR CONTROL CIRCUIT AND TELEMETRY. F. 20A DUPLEX RECEPTACLE GROUND FAULT INTERRUPTER TYPE WITH CIRCUIT BREAKER. G. SURGE/LIGHTNING ARRESTOR ON INCOMING LINE TO BE ONE JOSLYN 9200-9A FOR 3 PHASE, H. CONTROLLER WITH OVERCUIRRENT PROTECTION, SHORT CIRCUIT PROTECTION AND DISCONNECT FOR EACH MOTOR, SQUARE D. OR "MAG GUARD", I. HAND, OFF, AUTOMATIC (HOA) SWITCH AND PUMP RUN LIGHT. CITY of DELRAY BEACH ELECTRICAL NOTES °aTE:°'- -2°�6 d ENVIRONMENTAL SERVICES DEPARTMENT (SHEET 1 OF 2) LS 3.5a 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 33444 ELECTRICAL NOTES (CON'T) J. 120/24V CONTROL TRANSFORMER FOR OPERATION OF FLOWLINE METER OUTPUTS. K. PUMP CABLES TO BE SEALED AT PANEL WITH A PVC STRAIN RELIEF CONNECTOR. ALL ENTRIES INTO THE PANEL FROM THE WET WELL SHALL BE SEALED W/DUCT SEAL ONLY. L. WEIGHTED NON-MERCURY FLOAT SWITCH, POLYPROPOLYENE COVER INTEGRAL CORD. M. MINIMUM 8 1/2" X 11" SCHEMATIC AND PUMP DATA SHEET SHALL BE PERMANENTLY AFFIXED TO THE INTERIOR OF THE ENCLOSURE DOOR. THE DATA SHEET SHALL BE EXTRUDED VINYL HOMOPOLYMER LAMINATE. N, ALL CONDUI-S TO WET WELL SHALL BE SCHEDULE 80 PVC WITH 90 DEGREE ELECTRICAL SWEEP BENDS, C. ALL PANEL WIRING SHALL BE COLOR CODED AND NUMBERED TO CORRESPOND TO DRAWINGS. STANDARD COLORS SHALL BE BLACK FOR 120V SUPPLY, WHITE FOR NEUTRAL, GREEN FOR GROUND, AND RED FOR CONTROL USING 120V WITH BLUE FOR 24V CONTROL WIRING OR APPROVED EQUAL. MINIMUM SIZE #14 AWG COPPER. ALL EXTERNAL WIRING SHALL BE BROUGHT TO NUMBERED TERMINALS. ALL WIRING SHALL BE FRONT ACCESSIBLE. ALL RELAY BASES TO BE FRONT MOUNTED AND WIRED WITH SCREW TERMINALS. NO SOLDERED CONNECTIONS PERMITTED. A VINYL PLASTIC LAMINATED 11" X 17" SCHEMATIC DRAWING SHALL BE PERMANENTLY FIXED INSIDE THE OUTER DOOR. A SEPARATE STICK ON PLASTIC LABEL SHALL SHOW THE MOTOR DATA ; HP; RPM; FULL LOAD AMPS; SERIAL NUMBERS; PUMP SIZE; IMPELLER NUMBER AND SIZE; DESIGN GPM AND TDH. P. ALL SERVICE ENTRANCE CONDUCTORS TO BE COPPER. Q. RTU BREAKER AND CONTROL BREAKER SHALL BE ON THE SAME PHASE (A) TO AVOID A POSSIBLE DEAD SHORT CONDITION. R, ALL WIRE TERMINATIONS SHALL BE COATED WITH A CORROSION INHIBITOR, "NO-LOX" OR EQUIVALENT, CITY of DELRAY BEACH ELECTRICAL NOTES LAT 2-30-2 002 ENVIRONMENTAL SERVICES DEPARTMENT (SHEET 2 OF 2) LS 3.5b 434 SOUTH SWINTON AVENUE,DELRAY REACH,FLORIDA M444 REMOTE TERMINAL UNIT (RTU) SPECIFICATIONS 1.0 REMOTE TERMINAL UNIT THE REMOTE TERMINAL UNIT (RTU) SHALL BE A MICROCOMPUTER—BASED DATA COLLECTION AND DISSEMINATION SUBSYSTEM. THE RTU MUST BE FULLY COMPATIBLE WITH THE EXISTING TAC II TELEMETRY SYSTEM MANUFACTURED BY DATA FLOW SYSTEMS, INC, OF MELBOURNE, FLORIDA, AND MUST NOT REQUIRE ANY CHANGES IN THE TAC II SOFTWARE. THE RTU SHALL COMMUNICATE WITH THE CENTRAL SITE VIA A TWO—WAY RADIO LINK. THE RTU SHALL BE DESIGNED TO ACCOMODATE PLUG—IN FUNCTION MODULES. THE SYSTEM SHALL BE CAPABLE OF BEING OUTFITTED, AT ANY TIME, WITH RTU'S CAPABLE OF BEING CONFIGURED WITH UP TO FIFTEEN (15) FUNCTION MODULES PER RTU, WITH NO SOFTWARE OR FIRMWARE CHANGES TO THE SYSTEM. ALL SHEET METAL UTILIZED INSIDE THE ENCLOSURE MUST BE ANODIZED. 1.1 FUNCTION MODULES THE FUNCTION MODULES SHALL BE DESIGNED SO THEY DO NOT HAVE CONFIGURATION SWITCHES OR STRAPS AND MAY BE EASILY ADDED IN THE FUTURE. THE FUNCTION MODULES MUST BE DFSIGNED WITH SURGE SUPPRESSION ON ALL INPUTS AND OUTPUTS, REPLACEMENT OF A FUNCTION MODULE SHALL NOT REQUIRE THE USE OF TOOLS OR THE REMOVAL OF ANY INTERFACE WIRES. THERE SHALL BE NO COMPONENTS ASSOCIATED WITH THE FUNCTION MODULE MOUNTED TO THE MOTHERBOARD (PASSIVE BACKPLANE). AN INTERLOCK SYSTEM SHALL BE PROVIDED TO PREVENT THE REMOVAL OF FUNCTION MODULES WITH THE POWER APPLIED. THE REMOTE TERMINAL UNIT SHALL SUPPORT A LOCAL SERIAL INTERFACE. THE LOCAL SERIAL INTERFACE SHALL PROVIDE LOCAL ACCESS TO ALL FUNCTIONS OF THE REMOTE TERMINAL UNIT. THE LOCAL SERIAL INTERFACE SHALL SUPPORT THE MONITORING OF THE RADIO COMMUNICATIONS LINK. THE RTUS SHALL BE ENCLOSED IN A NEMA 4X STAINLESS STEEL ENCLOSURE PAINTED WHITE. THE RTUS SHALL MEET OR EXCEED THE QUALITY, RELIABILITY, PERFORMANCE AND VERSATILITY OF THOSE MANUFACTURED BY DATA FLOW SYSTEMS, INC, OF MELBOURNE, FLORIDA. T CITY of DELRAY BEACH REMOTE TERMINAL UNIT Dart: to—az—oo ENVIRONMENTAL SERVICES DEPARTMENT (RTU) SPECIFICATIONS LS 4.1 O 4M SCUTH SWINTON AVENUE,DELRAY REACH,FLORIDA 33444 (SHEET 1 OF 5) REMOTE TERMINAL UNIT (RTU) SPECIFICATIONS (CONT'D) 1.1.1 RADIO INTERFACE MODULE EACH REMOTE TERMINAL UNIT SHALL REQUIRE ONE RADIO INTERFACE MODULE. THIS MODULE SHALL CONTROL THE TERMINAL RADIO DURING THE POLLING SEQUENCE. IN THE EVENT OF TRANSMISSIONS OF MORE THAN TEN SECONDS THIS MODULE SHALL SHUT DOWN THE TRANSMITTER. THIS PROTECTION FUNCTION SHALL BE IMPLEMENTED IN HARDWARF. FIRMWARE IMPLEMENTATION WILL NOT BE ACCEPTABLE. THE RADIO INTERFACE MODULE SHALL HAVE A SERVICE PORT TO PROVIDE COMMUNICATIONS LINK MONITORING. THE SERVICE PORT SHALL ALSO PROVIDE THE CAPABILITY TO DIRECTLY MONITOR AND/OR CONTROL EACH MODULE IN THE REMOTE TERMINAL UNIT. THE RADIO INTERFACE MODULE UTILIZED AT THE REMOTE TERMINAL UNITS SHALL BE INTERCHANGEABLE WITH THE RADIO INTERFACE MODULE AT THE CENTRAL SITE. THE SYSTEM SHALL BE CAPABLE OF UTILIZING UP TO 250 RADIO INTERFACE MODULES PER COMMUNICATIONS LINK AND UP TO 15 FUNCTIONS PER RADIC INTERFACE MODULE. ALL COMMUNICATIONS SHALL BE IN ASCII AND UTILIZE AN ERROR DETECTING AND CORRECTION DATA TRANSFER PROTOCOL. COMMUNICATIONS BETWEEN THE CENTRAL SITE AND THE REMOTE TERMINAL UNITS SHALL HAVE A MINIMUM SPEED OF 1200 BITS/SECOND, EACH RADIO INTERFACE MODULE SHALL HAVE A RADIO TRANSCEIVER MOUNTED TO IT. THE RADIO SHALL BE AN FM TRANSCEIVER WHICH OPERATES IN THE 450 MHZ TO 475 MHZ FREQUENCY RANGE. 1.1.1.1 TRANSMITTER SPECIFICATIONS RE POWER OUTPUT: ADJUSTABLE FROM 1.0 TO 2,0 W SPURIOUS OUTPUT: -50 DBC MAX HARMONIC OUTPUT: -50 DBC MAX FREQ. STABILITY: +/- 5 PPM MODULAR DEVIATION: ADJUSTABLE TO 5 KHZ FREQUENCY RESPONSE: FLAT +/- 2.0 DB FROM 50 HZ TO 10 }KHZ TOTAL HARMONIC DISTORTION: 5% MAX FM HUM AND NOISE: -50 DB MAX CARRIER ATTACK TIME: 5 MS TX FREQUENCY: 458.3125 MHZ 1.1.1.2 RECEIVER SPECIFICATIONS SENSITIVITY: .25 UV MAX FOR 10 DB S+N/N QUIETING: 1.5 UV MAX FOR 20 DB QUIETING SIGNAL PRESENT THRESHOLD: .4 UV +/-3 DB INTERMODULATION: -18 DBM TYPICAL THIRD ORDER INTERCEPT IF SELECTIVITY: 6 DB BW = +/- 7.5 KHZ MiN 60 DB BW = +/-- 25 KHZ MAX TOTAL HARMONIC DISTORTION: 5% MAX FREQUENCY STABILITY: +/-- 10 PPM RX FREQUENCY: 458.3125 MHZ CITY of DELRAY BEACH REMOTE TERMINAL UNIT DATE:01-18-2006 cDEPARTMENT 434 ENVIRONMENTAL SERVICES (RTU) SPECIFICATIONS LS 41 b SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA*M" (SHEET 2 OF 5) � REMOTE TERMINAL UNIT (RTU) SPECIFICATIONS (CONT'D) 1.1.2 DIGITAL MONITOR MODULE (IF REQUIRED) THE DIGITAL MONITOR MODULE SHALL ACCEPT 12 ON/OFF INPUTS OF 12 TO 30 VOLTS AC OR DC. VOLTAGES FROM 100 TO 300 VOLTS AC OR DC SHALL BE ACCOMODATED WITH THE USE OF AN INLINE VOLTAGE CONVERTER DEVICE. STATUS REPORTING OF THESE INPUTS SHALL HAVE AN ACCURACY OF +/- 2 SECONDS, THE ACCURACY BEING DEFINED AS TIME OF AN OCCURRENCE TO ACTUAL TIME RECORDED BY THE CENTRAL SITE COMPUTER. THE DIGITAL MONITOR MODULE SHALL NOT REQUIRE INTERFACING RELAYS TO MONITOR 24 VDC, 115 VAC, 220 VAC OR 480 VAC, THE DIGITAL MONITOR MODULE SHALL HAVE LEDS TO INDICATE: THE STATUS OF EACH INPUT POINT; RECEIVE COMMUNICATICNS; TRANSMIT COMMUNICATIONS; CPU FAULT; AND POWER STATUS. THE CONFIGURATION OF THE MONITOR POINTS AS ALARM POINTS OR MONITOR POINTS (PUMP RUN TIME MONITORS) SHALL BE OPERATOR CHANCEABLE. THE CONFIGURATION SHALL NOT REQUIRE ANY SOFTWARE OR FIRMWARE CHANGES IN THE SYSTEM. 1.1.3 DIGITAL CONTROL MODULE (IF REQUIRED) THE DIGITAL CONTROL MODULE SHALL PROVIDE FOR REMOTE CONTROL OF 8 INDEPENDENT 60 TO 280 VOLT AC DEVICES. THE CONTROL RELAYS SHALL BE SOLID STATE DEVICES WITH ZERO CROSSOVER DETECTION. EACH CONTROL POINT SHALL BE CAPABLE OF DRIVING A .5 AMP LOAD 0 280 VOLTS AC (140 VA), WITH INRUSH CURRENT OF 5 AMPS. THE CONTROL MODULE SHALL HAVE THE CONFIGURABLE CAPABILITY TO AUTOMATICALLY SHUT DOWN ALL OUTPUTS IN THE CASE OF A POWER LOSS ON ANY ONE OF THE THREE PHASES. OPERATION INTERVENTION SHALL BE REQUIRED TO RESTART A CONTROL POINT AFTER A PHASE LOSS SHUTDOWN. ANY DISCRETE CONTROL POINT SHALL HAVE THE CAPABILITY OF BEING AUTOMATICALLY CONTROLLED BY ANY DISCRETE MONITOR POINT, AT THE SAME RTU OR AT ANY OTHER RTU. THIS SHALL BE ACCOMPLISHED DURING CONFIGURATION AT THE CENTRAL SITE COMPUTER SYSTEM AND SHALL BE AVAILABLE FOR AN UNLIMITED NUMBER OF CONTROL POINTS. THE DIGITAL CONTROL MODULE SHALL HAVE ZEDS TO INDICATE: THE STATUS OF EACH OUTPUT POINT; RECEIVE COMMUNICATIONS; TRANSMIT COMMUNICATIONS; CPU FAULT; AND POWER STATUS. 1.1.4 PUMP CONTROL MODULE (IF REQUIRED) THE PUMP CONTROL MODULE SHALL BE A MI CROP ROCESSER-BASED MULTI-PUMP CONTROLLER MODULE DESIGNED FOR USE WITH THE TELEMETRY SYSTEM. AS A MINIMUM THE PUMP CONTROL MODULE SHALL HAVE THE FOLLOWING FEATURES; 1. LOCAL AUTOMATIC CONTROL FROM FLOAT OR BUBBLER INPUTS. 2. LOCAL MANUAL CONTROL PROVIDED BY HOA SWITCHES. THE HOA SWITCHES SHALL FUNCTION WITH THE FLOATS TO PROVIDE EXTRA OPERATIONAL FLEXIBILITY CIE, ONE PUMP CAN BE TAKEN OUT OF SERVICE FOR REPAIR BY THE HOA SWITCH AND THE FLOATS WILL CONTROL THE REMAINING PUMP[S]). 3_ REMOTE CONTROL FROM THE CENTRAL SITE COMPUTER SHALL PROVIDE INDIVIDUAL PUMP OVERRIDES, STATION AND ALARM DISABLES. CITY of DELRAY BEACH REMOTE TERMINAL UNIT DATE; 10-02-00 ENMRONMENTAL SERVICES DEPAlfTMENT (RTU) SPECIFICATIONS LS 4.1 c D -dkM SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 83444 (SHEET 3 OF 5) REMOTE TERMINAL UNIT (RTU) SPECIFICATIONS (CONT-D) 4. TRIPLEX/DUPLEX/SIMPLEX CONFIGURABLE. THE MODULE SHALL AUTOMATICALLY SENSE THE STATION TYPE AND CONFIGURE ITSELF. 5. TRIPLEX CONFIGURATION SHALL USE EMERGENCY HIGH, LAG 2, LAG 1, OFF AND EMERGENCY LOW FLOAT OR BUBBLER INPUTS. 6. DUPLEX CONFIGURATION SHALL USE EMERGENCY HIGH, LEAD, OFF AND EMERGENCY LOW FLOATS. 7. SIMPLEX CONFIGURATION SHALL USE EMERGENCY HIGH, LEAD, OFF AND EMERGENCY LOW FLOATS. 8. THE ALTERNATOR FUNCTION SHALL ALTERNATE AROUND PUMPS THAT DON'T ALTERNATE WHEN CALLED. THE ALTERNATOR SHALL ALLOW THE OPERATOR TO OVERRIDE A PUMP ON OR OFF WITH THE HOA SWITCHES AND THE ALTERNATOR WILL STILL PROVIDE ALTERNATOR CONTROL OVER THE REMAINING PUMP(S). 9. THE PHASE MONITOR FUNCTIONS SHALL: A) PROVIDE TRANSFORMER ISOLATION; B) DETECT LOSS OF PHASE, PHASE REVERSAL, AND LOW LEC PHASE PROBLEMS; C) PROVIDE AUTOMATIC CALIBRATION FOR 220 OR 440 VAC THREE PHASE POWER INPUTS. 10. ALARM LIGHT AND BELL OUTPUTS CAPABLE OF DRIVING 120 VAC LOADS TO 1 AMP. 11. LOCAL INPUT FOR ALARM SILENCE SWITCH. 12 REMOTE ALARM BELL DISABLE FROM CENTRAL SITE COMPUTER. 13_ FLOAT ALARM REPORTING BACK TO CENTRAL SITE COMPUTER WHEN FLOATS ARE OPERATING OUT OF SEQUENCE. 14. EMERGENCY LOW FLOAT PROVIDES SHUT DOWN CONTROL WHEN FLOATS ARE OPERATING OUT OF SEQUENCE. 15. PUMPS/STARTER/BREAKER FAULT ALARMS SHALL BE REPORTED BACK TO THE CENTRAL SITE COMPUTER. THE ALARMS SHALL BE ACTIVATED WHEN A PUMP IS CALLED TO RUN, BUT FAILS TO RUN, OR IF THE PUMP IS TURNED OFF BY THE PCM, BUT CONTINUES TO RUN. 16. HOA SWITCH ALARMS SHALL BE REPORTED BACK TO THE CENTRAL SITE COMPUTER. ALARMS SHALL INDICATE THAT AN HOA SWITCH HAS BEEN LEFT IN THE HAND OR OFF POSITION. 17. PUMP RUN STATUS SHALL BE REPORTED BACK TO THE CENTRAL SITE COMPUTER, PUMP RUN TIMES RECORDED WITH 2 SECOND ACCURACY. 18. RTU POWER STATUS SHALL BE REPORTED BACK TO THE CENTRAL SITE COMPUTER. CITY of DELRAY BEACH =(RTU)OTE TERMINAL UNIT DATE: 10-02—Ca ENVIRONMENTAL SERVICES DEPARTMENT SPECIFICATIONS LS 4.1 CI 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 93444 (SHEET 4 OF 5) REMOTE TERMINAL UNIT (RTU) SPECIFICATIONS (CONT'D): 19, LED INDICATORS FOR: A) RTU POWER; B) ALARM BELL; C) USER DEFINED INPUT; D) MODULE POWER; E) TRANSMIT AND RECEIVE DATA; F) PHASE ALARM/CALIBRATION; G) PROCESSOR FAULT; H) SIX FLOAT INPUTS; I) PUMPS ON-OFF. ALL INPUTS AND OUTPUTS SHALL BE OPTICALLY OR MAGNETICALLY ISOLATED AND SURGE SUPPRESSED WITHOUT ADDITIONAL RELAYS. 1.2 POWER SUPPLY ALL FUNCTION MODULES IN THE REMOTE TERMINAL UNIT SHALL RUN OFF DC VOLTAGE FROM +7.5 VOLTS TO +13 VOLTS. THE POWER SUPPLY MODULE SHALL SUPPLY +12 VOLTS. A BATTERY BACKUP SHALL BE PROVIDED TO OPERATE THE SYSTEM FOR A MINIMUM OF 120 MINUTES IN THE EVENT OF POWER FAILURE. THE POWER SUPPLY SHALL BE SURGE PROTECTED, THE POWER SUPPLY SHALL BE SHORT CIRCUIT PROTECTED BY CURRENT LIMITING, NORMAL OPERATION SHALL AUTOMATICALLY RESUME WHEN THE SHORT CIRCUIT OVERLOAD IS REMOVED. THE POWER SUPPLY SHALL BE SIZED TO OPERATE THE SYSTEM WITH THE BATTERY REMOVED. THE POWER SUPPLY MODULE SHALL PROVIDE A BATTERY BACKED, ISOLATED BIAS VOLTAGE SOURCE. THE CIRCUIT BREAKER FOR THE POWER SUPPLY MODULE SHALL BE PART OF THE POWER SUPPLY MODULE, NEITHER THE USE OF TOOLS NOR THE DISCONNECTION OF ANY WIRES SHALL BE REQUIRED TO REMOVE THE POWER SUPPLY MODULE. 1.3 BATTERIES THE REMOTE TERMINAL SHALL HAVE THE UNINTERRUPTABLE POWER SOURCE FUNCTION BUILT IN. THE POWER SUPPLY WILL KEEP THE BATTERIES AT A FLOAT CHARGE. THE BATTERIES SHALL NOT BE DAMAGED BY DEEP DISCHARGE. 1.3.1 ANTENNA SUBSYSTEM A 11.2 DB GAIN DIRECTIONAL ANTENNA SHALL BE USED TO TRANSMIT AND RECEIVE DATA AT THE REMOTE TERMINAL UNIT, IT SHALL BE SUPPORTED ON A MAST/POLE AND HAVE DC GROUNDING FOR LIGHTNING PROTECTION. THE ANTENNA MAST/POLE SHALL BE HOT DIPPED GALVANIZED FOR CORROSION PROTECTION. ALL HARDWARE SHALL BE GALVANIZED OR MADE OF STAINLESS STEEL. THE MAST SHALL MEET OR EXCEED THE QUALITY AND RELIABILITY OF THE AG20 MANUFACTURED BY ROHN. THE COAX CABLE UTILIZED SHALL BE THE TYPE THAT UTILIZES AN INSERT SEMI-LIQUID CCMPOUND TO FLOOD THE COPPER BRAID. THE COAX CABLE SHALL MEET OR EXCEED THE QUALITY, RELIABILITY AND PERFORMANCE OF THAT MANUFACTURED BY DB PRODUCTS, INC. OF DALLAS, TEXAS. 1.4 ENCLOSURES RTUS SHALL BE HOUSED IN NEMA 4X 316 STAINLESS STEEL ENCLOSURES, ACID-DIPPED AND PAINTED WHITE. ENCLOSURE SHALL ACCOMODATE THE PLUG--IN MODULES TO MEET THE REQUIREMENTS PLUS AT LEAST ONE ADDITIONAL MODULE FOR EXPANSION. ENCLOSURE SHALL BE CAPABLE OF BEING LOCKED. � CITY of DELRAY BEACH REMOTE TERMINAL UNIT DATE; 1U-°2_-0U e ENVIRONMENTAL SERVICES DEPARTMENT (RTU) SPECIFICATIONS LS 4.1 e 4,34 SOUTH 8WNTON AVENUE,DELRAY 9EACH,FLORIDA 93444 (SHEET 5 OF 5) RTU TELEMETRY REQUIREMENTS 1. RTU 204 W/BACKPLANE, BATTERY, CO-AXIAL CABLE, MAST, ANTENNAE, MISC. HARDWARE, 2. RAINFALL TIPPING BUCKET (0.01" PER PULSE). 3. (2) 0-10C P.S,I, TRANSMITTER (4-20 MA OUTPUT). POTABLE WATER & WASTE WATER 4. PUMP CONTROL MODULE. (PCM001) 5. DICITIAL MONITOR MODULE WITH PULSE ACCUMULATOR FEATURE. (DMMOC2) 6. ANALOG MONITOR MODULE (AMM002). 7. RADIO INTERFACE MODULE. (FREQUENCY OF 458.3125) 8. POWER SUPPLY MODULE (10OW). NOTES: 1. RAINFALL GAUGE & 0-100 P.S.I. TRANSMITTER MUST BE THE SAME AS THE CITY' EXISTING UNITS. 2. ALL OF THE ABOVE ITEMS ARE SUPPLIED BY DATA FLOW SYSTEMS OF MELBOURNE, FL. SPARE PARTS: 1. PUMP CONTROL MODULE 6. DIGITAL CONTROL MODULE (AC) (DCM003-2) 2. RADIO INTERFACE MODULE 7. POWER SUPPLY MODULE (100 W) 3. 7-1/2 AMP BATTERY 8. COMPLETE SPARE MOTOR AND PUMP 4, LCCAL AREA ANTENNAE & CONNECTOR 9. MOTOR STARTER W/OL BLOCK 5. PUMP BREAKER 10. MAIN BREAKER 6. DIGITAL CONTROL MODULE (DC) 11. ANALOG CONTROL MODULE 7. POWER SUPPLY MODULE (100 W) 12. ANALOG MONITOR MODULE (AMM002) 13. (2) 0-100 PSI TRANSMITTER (ECO-1) 14_ (1) 0--10 PSI SUB. TRANSMITTER (LS10) CITY of DELRAY BEACH REMOTE TERMINAL UNIT °ATE:°'-1 3-2008 ENVIRONMENTAL SERVICES DEPARTMENT (RTU) TELEMETRY REQUIREMENTS LS 4.2 6 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 83444 B FU1- 1 AMP 2 2 PHASE A SIB FU2- 1 AMP LA 1 4 PHASE B SB B FU3- t AMP 6 e PHASE C W 3 X14 SB Iff1w AMS1 7 47 Kf] 3P-104AMP 1/2 WATT PUMP NO.t L1 a�MCB �MB1 MS1 �GL1 INDICATION 120/240 VOLT 1T1T. •ti 11.3 HP 1/3 PHASE, 4 WIRE L2 O, I l O� PUMP NO.1 SEE NOTE 12 � � ,, M1,T,2...,...... 25 F'.LA. N DH2 3P-6DAMP MAN, RESET I �B AM52 DB1 5 5 GROUND G 14 B OR I 1%2KWATT `- I PUMP N0.2 ECB MB2 M5I2��rv�� INDICATION EL1 2T1'.......,, 11.3 HP EMERGENCY POWER; EL2 I � 1DOA, 120V/2bOV, C} p� �--q• -_._++ PUMP N0.2 4W.WITH GROUND EL3 I Io � � �2T2 28 F LA SEE NOTE 12 I I 3P-100AMP `r"`g 2T3 - N I 3P-BOAMp MAN. RESET lT 414 W r`FLB-1 SAMp FLUCRESCENT FL x O COURTESY LIGHT CON 1 ri ORB-20AMP GFDR CONVENIENCE OUTLET ,-�RTUB-15AMP L 120V = RTU �CCB-15AMP 10 10 PUMP NG.1 HAND OFF AUTO OL1 M51 PUMP N0,1 ILI RL1 'BART PUMP NO.1 CR1 FU4- 1 AMP I I R RUNNING III i 7 4 SB HS1 1D 16 PUMP 1 PUMP NG.2 START HAND OFF AUTO U I MS2 PUMP NO.2 00 RL2 START PUMP N0.2 CR1 FU5- 1 AMP I I R RUNNING 8 5 sa HS2 SO 14 PUMP 2 10 START w HIGH VOLTAGE CONTROL CITY of DELRAY BEACH PANE. REQUIREMENTS DIAGRAM DATE; LS 40-2002 ENVIRONMENTAL SERVICES DEPARTMENT (SHEET 1 OF 5) 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 33444 0 W i1 TOR1 CRi FS1-EMERGENCY 1 3 BACK-UP LEVEL W TDR1 EMERGENCY W BACKUP BYPASS 10 2 MODE: D OFF DELAY 0-5 MIN FUB-IAMP 11 120 VOLT TR-50VA FU7-2AMP 24 VOLT 2 1S L LC L SCALE 0-23.1' 2 21 OFF #1 Q 2.5Fi DECIMAL - 1 PLACE LEVEL O 1 J2 5 LEAD PUMP 42 6 4.OFi FLOW UNE METER 19 ON P+ OP- 4 LA PUMP 43 0 3.0FT 5+ ON 9 J3 5 13 HIGH 14 6 CFf LEVEL 4 td 20 FIELD SEE NOTE 18^ PSA :' PRESSURE NAKA L510 5a - - 1RANSOUCER G C TWHT 54 B .- 54 .._r,4. 2Q MA L 58 ..!.L.......,...._...._ 03 RTU ANALOG ....,.: G INPUT MONITOR MODULE AMMOO2 IAS 3 N OPEN CIRCUIT WHEN DOOR CLOSED 20V CLOSE CIRCUIT YMEN DOOR OPENS NEUTRAL RTU * INTRUSION ALARM NEEDS TO MONITOR THE OUTSIDE DOOR. LOW VOLTAGE CONTROL CITY of DELRAY BEACH PANEL REQUIREMENTS DIAGRAM DATE: 12-30-2002 ENVIRONMENTAL SERVICES DEPARTMENT (SHEET 2 OF 5) LS 4.3b X39 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 33444 3&" DRIP SHIELD m ma m m m MC13 ECD GENERATOR aa p RECEPTACLE ANDFAUTO HAND AUTO T 3 HS1 HS2 3F° RUNNING RUNNING BYPASS X rR LIGHT RL1 RL2 OFF ON 1 PUMP N0.1 PUMP N0.2 RESET RESET O O GFDR LEVEL e+�Q e+ TRANSMITTER MFTER INNER DOOR LAYOUT 5HOWN NEMA 3R 316 5TAINLM STEEL ENCLOSURE WITH DEAD FRONT OUTER DOOR INCLUDES DOOR STOPS AND INTRUSION SWITCH 1D" DEEP VERIFY WIRING CONnG_;RATION WITH CITY TO MATCH GENERATOR PLUG. PADLOCK SHALL BE PROVIDED BY OWNER. A PLACARD CONTAINING THE CIRCUIT DIAGRAM IS TO BE PLACED ON INSDE OF THE OUTER DOOR. WARNING I ABEL TO BE YELLOW BACKGROUND WITH BLACK LETTERS. `WARNING - LOCK OUT ELECTRICAL SERVICE TO THIS ENCLOSURE BEFORE OPENING DOOR OR SERVICING EQUIPMENT', PANEL LAYOUT DATE: 02-26-01 CITY of DELRAY BEACH PANEL REQUIREMENTS DIAGRAM (a)v E NVIRONMENTAL SERVICES DEPARTMENT (SHEET 3 OF 5) LS 4.3C 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 33444 z A r FS 1- �7`....._._....-.. ........................_...- 18 � EMERGENCY BACKUP a W __......_.._.__....._..................... O RUN COM _....._.................................. I N TRU&ON ............................__...._.._._._...... INTRUSION _.._... c, PUMP NO,2 RUN INDICATOR .............................--......_......_....._ PUMP NO.2 RUN INDICATOR _......_...._................_...._ PUMP NO.1 RUN INDICATOR PUMP NO.1 RUN INDICATOR ..........................................,................_ 1 FLOAT INPUT CCMMCN ....................._.............................. E, HIGH LEVEL ............ ................_....._,..........,. v LAG PUMP ON ........_........._......__....-.................. cn LEAD PUMP ON -........_._._.........._.._....._......_..- N OFF LEVEL ........................................................ w OUTPUT POWER TO PCM I.._.__............ PHASE A ....._............_......,...._.._.......... PHASE 8 .........................................._.._... m PHASE C r _......_.__.._...._........_......._..... o MOTOR STARTER POWER rrI ......................_............................. a, PUMP N0.2 START _._......_...._._._.._....... ....... _.... .... _ 6f PUMP N0,1 START _...........................,.I......._................ r 120V RTU ..............................._....... z 120V NEUTRAL RTU _....._......_.._....__..................... c� GROUND A° � INPUT a ........... -) INPUT (+) N TO �...._...._. .. PRESSURE _,............_. . TRANSDUCER ........................... n I Lh m H I� o m PUMP CONTROL PANEL C PUCITY of DELRAY BEACH PANEL. REQUIREMENTS DIAGRAM DATE:12-30-2002 ENVIRONMENTAL SERVICES DEPARTMENT (SHEET 4 OF 5) LS 4.3d 434 SCUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 4444 NOTES: 1.)CCNTRACTOR SHALL VERIFY POWER AVAILABILITY WITH FLORIDA POWER AND LIGHT COMPANY FOR PUMP STATION LOCATION PRIOR TO ORDERING EQUIPMENT. 2.)NOTIFY ENGINEER OF ANY DISCREPANCIES. 3,)O DENOTES TELEMETRY CONNECT€ON TERMINAL (TERMINAL NOS. AS PER TELEMETRY SYSTEM MFR) 4.)VERIFY WIRING CONFIGURATION WITH CITY TO MATCH GENERATOR PLUG. 5.) PADLOCK SHALL BE PROVIDED BY OWNER. 6.) REQUIRED TELEMETRY ACCESSORIES SHALL BE AS SPECIFIED AND APPROVED BY OWNER_ 7.) ALL CONTROL OUTLET AND RTU BREAKERS SHALL BE "A" 0. 8.) NOALOX ON ALL CONNECTORS. 9.) PANEL GROUND TERMINAL MUST BE CONNECTED TO EARTH GROUND. 10.) FACTORY WIRING IS SHOWN FIELD WIRING IS SHOWN ................................................ .. 11.) INSTALLER MUST PROVIDE SHORT CIRCUIT PROTECTION FOR THE CONDUCTORS FEEDING TO THIS ELECTRICAL ASSEMBLY. 12.) INSTALLER MUST VERIFY THAT PHASE TO NEUTRAL IS 120 VOLTS BEFORE CONNECTING CONTROL & RECEPTACLE CIRCUITS. (AO ONLY) VOLTAGE LEG (L2(3)— 208 VOLTS TO NEUTRAL) IS MARKED WITH ORANGE TAPE IN THIS ENCLOSURE, 13.) RECOMMENDED TIGHTENING TORQUES FOR TERMINALS; 230 VOLT POWER — SEE CIRCUIT BREAKER 115 VOLT POWER, CONTROL & LOW VOLTAGE — 20 POUND INCHES 14.) A PLACARD CONTAINING THE CIRCUIT DIAGRAM IS TO BE PLACED ON INSIDE OF THE OUTER DOOR. 15.) THIS CIRCUIT DIAGRAM 15 DRAWN WITH NO ELECTRICAL POWER, THAT IS, WITH ALL COMPONENTS IN DE—ENERGIZED STATE. 16.) ALL LEVEL SENSING SWITCHES ARE SHOWN WITH NO LIQUID IN TANK OR WELL. 17.) WARNING LABEL TO BE YELLOW BACKGROUND WITH BLACK LETTERS. "WARNING - LOCK OUT ELECTRICAL SERVICE TO THIS ENCLOSURE BEFORE OPENING DOOR OR SERVICING EQUIPMENT 18.) SHIELDED WIRE TO BE GROUNDED AT ONLY ONE POINT. 19.) RED WARNING LABEL: "DO NOT OVERRIDE INTERLOCK NEVER ENERGIZE BOTH BREAKERS SIMULTANEOUSLY" CITY of DELRAY BEACH PANEL REQUIREMENTS DIAGRAM DATE: 12-3-M-2002 e EVARONMENTAL SERVICES DEPARTMENT (SHEET 5 OF 5) LS 4.3e e 434 SOUTH SWINTON AVENUE,DELRAY BEACH,FLORIDA 33444 ADDENDUM NO.1 BID 2014-40 LIFT STATION REHABILITATION lF`Y2014 PROJECT No. 2014-033 JULY 09, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the flans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers: Q. Do you have an engineering estimate for the Lift Station Rehabilitation job? A. $40,000. NOTE: Bidders -must acknowledge Receipt of this Addendum Write the words `Addendum No. I99 on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. I BY SIGNING BELOW AND FAXING BACK TO (561) 243-7166 OR VIA ENTAIL nadal(d n rdelra beach.com AS SOON AS POSSIBLE. Planholder P 8 By Date Page I of I BID#2014-40 Addendum No,1 Lift Station Rehabilitation FY2014 July 09,2014 INDE MMITYIHOLD HARMLESS BID ®® 2014-40 ANNUAL LIFT STATION REHABILITATION FY2014 Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts-, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. TV Contractoes Name Signature Da$e Bid No. 2014-40 ADDuak Lift Station Rehabilitation 2014 91 P a - e COME OF SILENCE BID Noe 2014— ANNUAL LIFT STATION REHABILITATION FY2014 The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a Total governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief emacutive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) 1=or the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation_ The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory beard member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Cede, chapter 2, article 111, division 2, part A, section 2-51 et sect.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall sender the transaction voidable. Contractor's Name Signature Date Bid No.2014-40 Annual Lift Station Rehabilitation 2014 10 1 P a a e DRUG FREE WORKPLACE CERTIFICATION BID No. 2014-40 ANNUAL LIFT STATION REHABILITATION FV2014 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 SIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition_ 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are underbid a copy of the statement specified in subsection (t). 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. 8) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. f Contractor's Name Signature Date Bid No. 2014-40 Annual Lift Station Rehabilitation 2014 CIVY OF DELRAY REACH SPECIFICATIONS BID No. 2®14-4 ANNUAL LIFT STATION REHABILITATION FY2014 PIN 2014-033 A, SCOPE OF WORK: The purpose and intent of this "Invitation to Bid" is to seek a firm price for the furnishing of all labor, material and equipment necessary for the rehabilitation of Lift Stations 5613, 5013, and 85. The scope of work includes the following, provide by-pass pumping at the respective stations, replace.guide rails_(supplied by City), punip gases, breakaway fittings (supplied `y City), discharge pipes with C900 type), and clean/preparation of station for the application of cementitious coating "Sew ercoat" orequal). All piping. fittings, flanges, bolts gaskets, lags, and miscellaneous hardware by contractor; routs, bolts, and lads to be 316 stainless steel. All work shall compl!V with current Stag Local 'and Florida Building Codes at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-resporisible and their quotes non-responsive. No quote will be accepted if it offers lower standards of service and/or workmanship than is described herein. B, COMPENTENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid Invitation and who can provide evidence of financial support, and that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. C. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been executed by.the City thru its authorized agent_ Dote: purchase orders/work orders shall be issued when service is needed. Contract shall be awarded to the lowest bid submitted by a responsible bidder who demonstrates compliance with /:rid specifications, capability to perform according tb the terms of the Contract, and responsibility with current customers. Reference check, review of equipment, examination of financial stability will be considered together with price in the contract award. D. PRICE FOR SERVICE: Refer to Proposal pages. All proposal pages must be completed in entirety. E. QUANTITIES: Quantities stated on Bid Form (Schedule of Pricing) are estimates only. No guarantee is given as to the actual quantities that will be needed. Said estimated quantities shall be used for purposes of evaluating the most responsible low bidder meeting specifications by the City. F. FIRM PRICE: The City requires a firm fixed price on unit prices as bid for the contract, G. TIME FOR COMPLETION: It is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of this Contract. The complete project must be completed within Thirty (60) days after Notice to Proceed date. The Contractor agrees to being with an adequate force to have the work completed in the time period indicated_ Furthermore, if the awarded Contractor fails to complete the work within the prescribed time, the awarded Contractor will pay the City of Delray Beach liquidated damages for each day the work is not completed within the prescribed time, The damage will be at the rate of$250.00 "por 42M. Bid No.2014-40 Annual sift Station Rehabilitation 2014 241 P a 7 a H. PERFORMANCE: It is the intention of the City of Delray Beach to contract as specified herein with one source that will give prompt and convenient response to the City's needs. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the City for cause or without cause. l• TERMINATION: This AGREEMENT may be terminated by either party by seven (7) calendar day's prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party, The CONTRACTOR and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. J. PER EVl9 i S -Q LICENSING! All bidders should submit a copy of their Underground Utility License wsth their bid, or it will be assumed by the City that the successful bidder will secure the appropriate License within seven (7) day(s) notice of award of contract. The awarded bidder shall secure all permits and arrange for all inspection as required. K. COMPLETION OF WORK: Contractor will be required to complete the work within 60 calendar days from the Notice to Proceed. If after the awarded Contractor has completed the work and it is found upon inspection by the City's Utility Maintenance Manager not to be satisfactorily completed, the Contractor will have a specified time, to be determined by the Utility Maintenance Manager, to correctly complete the work. Upon completion the Contractor will request a final inspection of all work by the Utility Maintenance Manager. If the Contractor falls or refuses to complete the work to the City's satisfaction, the City reserves the right to procure the services from another source and hold the Contractor responsible for any cost occasioned or incurred thereby. Precautions will be exercised at all times for the protection of persons (including employees) and property, Barricades will be provided by the Contractor at Contractor's expense, when work is performed In areas traversed by persons or Vehicles, or when deemed necessary by the City's representative. L. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for regular work-hours and after-hours, weekends, and holidays must be identified. M. ADDITION I DELETION OF SITES: The City Of Delray Beach reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the best interest of the City. The awarded vendor will be requested to submit a quote on any areas to be added to the contract. N.. INFORMATION: Any questions in regards to the Detailed Specifications or submission of this bid should be addressed to the Purchasing Department at 561-243-7161 17163, nadal m delra beach.com. O. JOINT BIDDING COOPERATIVE PURCHASING AGREEMENT: State on Bid Form (see page 23, Schedule of Pricing) if you wlll extend the same prices, terms, and conditions to other Palm Beach County Governmental agencies. P • PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,. may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bid No.2014-40 Annual Lift Station Rehabilitation 2014 251 P a e tt X P Ne l< co Al 0 f,-) U Li n u u z fi 14. ea o -Czk LO co IM 0 C: CD a?. V z r _ L .1 y a� .G 3 ro 141 d) co INI Id C, o_� pcv N Ai CIO LO LO to 0 -^I rn o 4, y a . f 14 ��s E2 E2 N UD r — � � M � IG ro Fr pq E-+ c4 im BID ®. 2®14-4 ANNUAL ITT$TAtI N REHABILITATION FY2014 Comments/Exceptions: JOINT SIDDIN CO-OPERATIVE PURCHASING AGREEMENT: Will extend the sane price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies, 2-fE-1 S NO f L. Bid Nn. 2014-40 Annual Lift Station Rehabihtation 2014 291 P a 0 PROFESSIONAL REFERENCES BID No. 2014-4 ANNUAL LIFE`$TATION REHABILITATION FY2014 *Please complete this page or attach your reference pa a to this sheet. A enc lcompan Address Gljy, State,Zip Contact Person Telephone Date s)of Service -Type of Service r—ornments: i� enc OCnmpany Address Cit , State,Zip Contact Person Telephone Date(s)of Service Type of Service comments, A enc !Company Address City, State,Zip Contact Person Telephone Sate(s) of Service Type of Service Comments; Vendor: ter' ` , A Bid No,2014-40 ARDual Uff Station Rehabilitation 2014 301 P a g e CITY OF DELRAY BID SIGNATURE FORM BID ®. 2014-4 ANNUAL LIFT STATION REHABILITATION FY2014 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is subrnitted in accordance with the specification in its entirety and with fail understanding of the conditions governing this bid. NAME OF BIDDER ➢ Name as registered with their State of origin ; , BUSINESS STREET ADDRESS P,O.Box address not permitt6d CITY,STATE,ZAP CODE I6+I IL N ADDRESS: Gh l if sara�e business address above, BUSINESS MAILING ADDRESS CITY S'T'ATE pfd'CEDE AUTHORIZED SIGNATURE(Written) PRINT NAME i Je �L TITLE (of person signing form) DATE i TELEPHONE NUMBER FAX NUMBER EMAU, ADDRESS �� VtT/A Q 1/b V� VENDOR.SERVICE REP FOR ORDER PLACEMENT NAME T � TELEPHONE I CELL NUMBER �1�� t>,cw '' ��:-'�W� � �Y FAX - <u EMAIL ADDRESS I` 0 .', —j %il. ? v Sid No.2014-40 Annual Lift Station Rehabilitation 2014 311 P a G e "WENDORS MARKETING MATERIAL and I or ADDITIONAL No. 2014-4 ANNUAL LIFT $TATI N REHABILITATION FY2014 ` k- Please check if you are "NOT" submitting any additional information. NONE: ❑ Bid No, 2014-40 Annual Lift Station Rehabilitation 2014 32 P to > a STATEMENT OF 110 131D BID No. 2®14- ANNU L LIFT STATION REHABILITATION FY2014 PLEASE AFFIX SIGNATURE WHERE INDICATED If you are not bidding on this service or commodity,please complete and return this form via fax(561)243-71.66 or email(raadal(cr�,rraydelra beach corn VENDOR NAME BUSINESS ADDRESS CITY,STATE, ZIP CODE � CONf',kCT NUMBER SIGNATURE URE DATE Minority Owned Business: Black ❑ Hispanic ❑woman ❑ Other We,the undersigned have declined to bid.on Bid No. BID No.2014-40 due to the fog€ow;iq reasons). Please indium bel&w with an"X"-. -Specifications too"t! ht" i e eared toward brand or manufacturer only(explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or.an equivalent Our product schedule would not permit us to perform Unable to meetspecifications Unable to meet bond requirements 5 ecificabons,unclear(explain below Other s ec€ly below REMARKS I OTHER Bid No,2014-40 Annual Lift Station Rehabilitation 2014 331 P a L- C]v , m O m' c �4 - y " �+� z �� c � .n m J "°o E �rox w N �mmo N•S roar" a1 �v m Vl n " 4 M M ...E � O LL ~3 O U F^ O o N ° A w 20 � lim�n � m � a � n O U . ' Anro a m mi 1111 o o Taa w <a m M n mia°0.- tea os5' E= v in o'= oats mot is c m W Om ta-i f- a...¢ o m ° _ m� 22 m o °�n. ��a �U G � �roi Uoo >� mEm E N N� �it YNC W� w ��a7 0 a� 6 Z all u. 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L m 17 v N CL 0 in LL a N cm� vga onumi �g mR� Nm m� 'v o. a m v �mm _ v� s m a mm avcn mZ vm E E'6 w m mi `m a A-2 � m vu- ��"O 4F � rn -m v� v 0 Q o f F m ❑6n' O'' c UUa 4 `o° N o >Ld Z3 0 CO 5 E2 a1v make �mom° `.➢ �a off'.. o-`m O1 �' n N W .1 (O N ADDENDUM NO.1 BID 2014-40 LIFT STATION REHABILITATION FY2014 PROJECT No. 2014-033 JULY 09, 2014 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Questions and Answers: Q. Do you have an engineering estimate for the Lift Station Rehabilitation job? A. 540,000. NOTE: Bidders must acknowledge Receipt of this Addendum Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO (561) 243-7166 OR VIA EMAIL nadalkmydelraybeach.com AS SOON AS POSSIBLE. Planholder By Date Page 1 of 1 BID#2014-40 Addendum No.l Lift Station Rehabilitation FY2014 July 09,2014 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Police Department THROUGH: Terry Stewart, Interim City Manager DATE: August 7, 2014 SUBJECT: AGENDA ITEM 8.K.4-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 LEASE AWARD/BANCORP BANK D/B/A MEARS MOTOR LEASING BACKGROUND The Police Department seeks approval to award the lease contract for Volunteer Program vehicles to the lowest bidder, The Bancorp Bank d/b/a Mears Motor Leasing. The contract was bid via the RFP#2014- 29 pursuant to the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". The lease is for nine (9)vehicles at$288.69 a month per vehicle for the first year of the lease. The Volunteer Program vehicles are used to patrol neighborhoods and throughout the City, monitor parking lots and garages, provide a high visibility presence in shopping centers, and monitor sites identified as potential risks for terrorism. This is a crime prevention tool that has been used effectively by the City for years. This activity supplements that of our Patrol Officers and saves the City a considerable amount of money compared to what it would cost to have salaried staff perform this service. In 2013, the Volunteers logged 44,940 hours, which illustrates the level of work performed. The cost for the first year is $31,178.52 for nine (9) vehicles. This will be a decrease from fourteen (14) vehicles that the Volunteer Program had for FY 13/14. The second and third year cost is slightly less, at $280.41 and $273.66 per vehicle per month, respectively. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Due to the amount of the contract exceeding $25,000, the Police Department requests the City Commission's approval. OPERATING COST The cost for the lease for the first year would be $31,178.52, second year $30,284.28 and third year$29,555.28. Additional costs in the first year would be graphics/decals for the vehicles at $420 per vehicle (with installation), for a total of$3,780. Also, the cost of the lights with installation is just over $600 per vehicle, for a total of just under$5,500. FUNDING SOURCE The cost for these items is budgeted in the accounts 001-2111-521-44.40 (Vehicles Rental/Lease) and 001-2111-521-46.31 (Vehicle Maintenance-Other). At the end of the lease, there could be some cost associated with turn in charges which usually cover broken wheel covers, worn tires, scratches and dents. At the end of the last three year lease, the turn in charges were just under$1,500. RECOMMENDATION The Police Department recommends approval of the lease award to Bancorp Bank d/b/a Mears Motor Leasing. p m W GNi N 0 0 0 m Z @ 2 CL o j 4 n � co m n c LL VI N w N N 0 U1 } vi Z O O m m a U J.- a u d W7 V J ri en m Y 0.' N > O vwi s 0 i/L VY Vf An N O � U1 o V) a Nm n Ill y LL A 2 0 Ln ° >i N N -q N Oi `p Q m M P O to cr v m m n W � •• G Z > a N m Api- a N R a � 2y ir z yr cn N m N to r4 v O Z 0 9 N O N a m Z C fl. O `w a a . 8 a p j cn aq m m K W N R to T 0 N N r %n 4 _S 3 O N N N LL L7 } O 6 N O O O O e c i } D 7 r, h a O n N O q p x m m Wi m 4a o m r } a Ln m CC V r E_ W An ` CL Z Y O O O G O O G N q 0 tu Vl W3 m 01 W ' N OR A ° O lG W m m w CL ° y ,� m m a n l7 ao a, 4 J v uai P. 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L16 Q *.F o w N N 3 X N Z o LL U S Y C O La N m O d Z Z Z J 5 W ;P- .� a L H v m Z d m Y a� +� O Cl! L O O CO (� V o CD M N w N N L > ~ N N N a >- Q Q � O M O O r � L E O N � 0 _ > N L > 64). N N >- Q v N Z O L � L V � a o � N Co N m Q N _ > O o iZ c 0 } Q o Lu cc cc w z CL o � z O � O p U U () a F- LU� o Q Y a o U W 2 LU o a a p 0 o m L) a m 0 O LU_ a � ~ N ca Q Q � U z N W z FS z z k W L: o a p U z w cc y O w m H z Py CITY OF DELRAY BEACH 100 NW I�AVI!<NUF,,DELRAY BEACH,FL 33444 BID NO® 2014®29 VOLUNTEER VEHICLE LEASE POLICE DEPARTMENT MAYOR CARY D.GLICKSTEIR[ VICE MAYOR SHELL'PETROLIA DEPUTY VICE MAYOR -JORDANA TA FURA COMMISSIONER -AL{ACQUET COMMISSIONER -ADAM FRANKEL CITY MANAGER -LOUIE CHAPMAH,R Purchasing DivisionoFinanre Department 0(561)243-7161/7163 *Fax(561)243-7166 CITY OF DELRAY BEACH PURCHASING OFFICE TEL: (561) 243-716117163 N.W. 1st AVENUE NN ' FAX: (561)243-7166 DELRAY BEACH, FL 33444 www.mydeiraybeach.com Bid No. 20l4-29 VOLUNTEER VEHICLE LEASE POLICE DEPARTMENT M®y 09, 2014 This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter tailed the CITY. SCOPE OF WORK: The City of Delray Beach, FL. (City) hereby invites qualified firms or individuals (bidders) to submit bid for a leasing agreement/contract for fourteen (14) vehicle's for the City of Delray Beach Police Department Volunteer unit. DUE DATE: Thursday, June 05, 2014 prior to 10:00 A.M. at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall in the first floor Conference Room. Bidders and the general public are invited and encouraged to attend. 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 ontor before the closing date and hour as shown above. RETURN ONE UNBOUND (1) ORIGINAL AND THREE (3) COPIES 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. All bids shall be submitted in sealed envelopes, mailed, or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1ST Avenue, Delray Beach, Florida 33444. Bids time-stamped at 10:01 A.M. or later, will not be considered for award and will be returned to the Bidder. Sic€No.N14-29 Volunteer 4chicle Lease(PD) DOCUMENTS AND ANY ADDENDA are available on-line at the Demandstar website. www.demandstar,com. Demandstar offers a free single agency subscription which includes free document downloads by registering at www.demandstar.com/regjster.rap, or you may request complete specification's via email nadal(a)mydelraybeach.corn. If you need assistance with registration, or you are a first-time registrant and need immediate download of a document, please call (800) 711-1711 Bid Documents obtained from any source other than Demandstar or the City of Delray Beach Purchasing office may not be accurate or complete, and each Bidder assumes all risks by its reliance on such documents. A Bidder who has not obtained bid documents from DemandStar or the Purchasing office will not be notified of any addenda issued by the City, which could contain material changes thereto (such as additions or changes to the technical specifications, extensions of time, etc.). INQUIRIES: Questions regarding this solicitation must be directed to Purchasing, 561 243-7161 or 7163 by fax to (561) 243 7166 or by email to Eadal(c mydelravbeach.corra. To ensure a timely response, inquiries should be made by Friday May, 22 2014 no later than 2:00 P.M. [nformation in response to inquiries may be published as an Addendum. 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. Bkl No.2131=1-29 Volumeer Vehicle Ltnse(M) CITY 6DF DELR,�( B, EACH INVITA TMH TO EM Bid No. 2014-2V VOLUNTEER VEHICLE 3�Z�A� 3 1 A� POLICE DMPARTWA�,"7 Table of Contents finultation to Bid 1-2 Tablie of cantew* 3 General Conditions,Instrucdons and Inforrnation 4-8 Indemnity/Hold Harmless Agreement 9 Cone Of Silence Drug Free Wuriwpimce Cextification Insurance Requirements 12 Insurance Form Samples 13-15 Standard Form of Agreement 16-21 Cou-porate Acknawledgmenk 22 Certificate(if Corporation) 23 Spwifications U-27 Schedule of Pricing 29-29 ProlvAonal References 30 Bid Signature Form 31 Statanent of No Bid 32 Attachment'A" 33 Attachment•131 34 Bid No,2014-29 Volunteer Vehicle Lease(FD) GENERAL CON®1TIONS9 INSTRUCTIONS AND INFORMATION 'I. SUBMISSION AND RECEIPT OF BIDS: A_ Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. 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 is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES AND PRODUCT CONSIDERATION= A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty(60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern, C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market_ D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F. Economic Price Adjustment: a) there may be a change in the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days before the price increase would become effective. The City determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (t) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. Bid No.20i4-2`) Volunteer Vctzicle Lease(PD) � 4. DELIVERY: A. All items shall be delivered F_O.B_ destination, and delivery costs and charges included in the bid price. Faifure 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. 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 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. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords, and apparatus shall comply with all provisions of the Florida State Safety Standards, B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer cn 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. Bid No.201 4-29 Volunteer Vehicle Lease(PD) 14. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 15. 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 wili 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 a "Business Tax License" before a Notice to Proceed will be issued (Contact Donna Porter @ (561) 243-7209)_ C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at(561) 243-7150. See pages 13 - 15 for Insurance Requirements. 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. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request State Sales Tax Exemption Certificate No. 85- 8012621559C-4 appears on each purchase order. 18. 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 15 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. TERM RENEWAL: The successful bidder shall be awarded a contract for thirty-six(36) months. a. SPECIFIED PERIOD: Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City provided funds are available for the first fiscal period at the time of the contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Commission of funds therefor, b. CANCELLATION DUE TO UNAVAILABILITY OF FUNDS IN SUCCEEDING FISCAL PERIODS: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor shall be entibed to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. Bid Flo.2014-29 Volunteer Vebicle Lvziw 0`1)) 6 21. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation_ In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 22. ANTI-COLLUSION: A_ Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 23. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials; equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent(10) or more in the bidder's firm or any of its' branches. 24. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellationitermination of the contract. 25. 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. 26. DISCRIMINATION:An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 27. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. [aid No.2014-29 Volunteer Vehicle Lease(PLC) 28. BID PROTEST: PROTEST OF AWARD 1 PROTEST BOND: 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. After the notice of intent to award and 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 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. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. if the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord No29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1 Ave Delray Beach, FL 33444 29. PUBLIC RECORDS REQUEST: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Contractor at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the Contractor. e) if Contractor does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 30.. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. &id No,20[4-29 V I��nteu.r��'��hicI--L U) � INDEMNITYIHOLD HARMLESS AGREEMENT BID Moo"141-" VOLUNTEER VEHICLE LEASE POLICE DEPARTMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cast of expenses, including attorney's fees, appel4ate, 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. QJI(C-07 Contractor's Name Signature Date Bid No.2014-29 Voltmteer Vehicle Lease(PD) 9 COME OF SILENCE DID No.2014-" VOLUNTEER VEFIICLE LEASE POLICE DEPARTMENT The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec.2-355. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between. (1) Any person or person's representative seeking an award from such competitive solicitation-, and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall inciude but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shaft not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2- 51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. �r .f 1 it_, �I�/��.{� � ��`f Contractor's Name Signature Rid No.2014-29 Volumeer Vehicles Lease(PD) 10 DRUG FREE WORKPLACE CERTIFICATION BID No. 2014-29 VOLUNTEER VEHICLE LEASE POLICE DEPARTMENT 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, l 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 busiress'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 employees 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 imp€ementation of this section. Contactors Name Signature date Bid No. 2014-29 VoiJnteer Vehicle Lew,,e HID) ! INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs(1)to (4)inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements. 1_ Wor'ker'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 LlaWity - 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) Mired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the Ciy of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No,2014-29 VOlwtieer Vehicle Lease(Pfd) 12 AttachLmeat I, 1 of 3 ACM, CERTIFICATE OF LABILITY INSURANGE =0W(fimm4"M PR=LfGEw THIS CERTIFICATE IS IRUE.❑AS A MATTER OF WFORMA-"]N ONLY AND CONFERS NO RIGHTS UMN THE CMMrICATE Good Insurance, Inc, HOLDER, THUS CtATRGATE ODES NOT AMEND, EXMV OR P.O. BOX A-1 ALTER THE COVERAGE AFFORDED BY THE POLICIES SE1.DW. Best City, USA 00000 INSURERS AFFORDING COVERAGE HAIC9 wmR8O MUREAA; Willing Fdorkers Assoc. INSGRF.RB; ABC Drive iNSUPERC, Anytown, USA 00001 NsuRERU: W-' E' COVERAGES THE POLICIES OF INSURANCE LISTED BROW FL4YE WIN MUER TOTHE INSURM- NA OD A00VE FOR THE POLICY PERIOD WFIICATEA.NOTWITHSTANDING ANY RWAXREVENT,TERM OR GONIa7 ONLOF ANY CONTRAM CR OTHLF UOO[JMENT WITH RESPECT TO WHICH THIS CEFL3 MGATE 64AY HE ISSUED OR MAY P@RTAIH,THE INSURANGI_AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SL�1ECT TO ALL I`HSTEAMS,E%CLUWQNSAP7P IONCITIONS OF SGGH PGLICIF.S,AGC�AC�aATgE.IMIT$SHOWNIAAY HAVE BEEN RLTTUCEP BY PASOCaAIW. R F3 POLBCr NUALAFJT POLWY CTNE P OTRIIPIRATIONJ LM"T GMERALLIARILRY SAC4400CU"AaWE s 500,000 A X C0bwPRCIAL0CN0AALL7 VTy GLP071604 01/01/10 01/01/11 P EL11sES a �s r.YJUTAS"Oe r7=UR LIEOEYP(4PY++IPI n s KR.SOkA &AOYINAW i GENERAL AGGREGATE } C.�(1.ACi4dc`T+ATE LABT APPLIES PERT ?ROOULT3-CO;APIOPAi+T'. i MIL MY P LCG AUTOYORNIZ LIASSSSY C �I kF�NrL.EUwT t ..JOG x000 A AFTTMFa ALF077606 01/01110 01/01/11 ALL CM04 D AUMS BOUY.Y INJURY 301MiSOAMS T P�AI -*t AVrUs SONLY INURY F MONIMNE7AUTpS ££iolaxidontY PR13PERTY4AWQE ✓ (Pa,undanE) OAMOC 41AMLrfY ... Aultl al�Y.EAArI.�DE!(r S ANY AUTO �� .OTHr�ETHAN EAACO AVIAtlNI.. AOC 4.. el[GES891SlBPEL1A UAgdI'T'f FACHOCCURRJ_NOE S_ OCCUR GINMS.FAOE AGGREGATE $ S OEOUOTIEI,E S RErETI.KJp! 1 S $T'A j tl WORNIXU6 COi1PENG1ION AR4 B w"KOYRwUA5w" WLP077606 03/01110 03/01/11 LFAaaACeNTEMr 100.000 ANY a aExc;"L Ew> � T F e.I.,arsEASSIc-EArupinyec s 100, 00 s " slarae» SL.00IEASE•P(x;"UMIr I.50D,O%L uTNeR O66CRIPTiQk OFOAEItlIT1OMS1 LOCA110N6f YE11M.l.FB�EILCLNS10115 A4n EQ FiYCNhOQ5L1/ENTlfi PE4TAL PfNMBIOHS THIS INSURANCE APPLICABLE TO (state projeet) *CITY OF DELRAY BEACH IS ADDITIONAL INSUiZED — see attached endorsement. OERT$1CATE NOMEaR GAHCEU AT[E)N cRans,.wrorniE AS�1'E osscRla�:rpLrc�EJF as rar+cs:L1.TIr nESOTCET.�>:KKYIKATIO>4 CITY OF DELRAY BEACH. DATE TNEREOr;TIM MU240 WK MR WILL E.N4snwR TO WAIL 30 RAYS WRITTrw 100,19W I S t AVENUE NOT=To TIRE CERIIMAiL HOLOPA NAMM TO THE LWL,3U FAILUME TO 4e SG SHALL DELRAY BEACH, FT 33444 R MU RD OBU" W OR LLAWLRY OF ANY R1NR UPON THE 2MM0.rM AGENTS OR REPRL:SERIATiWB, AU311ORSaE0 QwReSENTATft At?0'RD 25(auotlaa} ffi!ACDRD COERP4RATIGtd Tsea � Bid No_2014-29 Volunteer Vehicle Lease(PD) [3 IMPORTANT if Cho os!dfiCate harder is an A,DI)MONAL INSIVRED, tha pt311cy0es) mud be eMomad_ A statement on this ce45 ate does natconfar rights to tha certificate holder in Ct of auch endarsernenqs). if SUBROGATION IS WAVEf), subject to €tt& terms ants cwr dfgons of the policy, certain psllctes may r+egLdre an endoMannent A utatermat ort ih�s ceitft-ate does not confer rights to the ceMcats holder In lieu of such end0t5e=At(0)- DISCLAIMER Tito Certificets of fmurance an the reverse side of €Erie fotrrt does trot constitute a con"Cl betwaon the lssuing tnsuregs), authodzed representagve or producer, and the certificate holder, nor dries It of m-vald 4 or rsegative€t► ameM, eatE;rrd Or otter Ow Wvw-ago aifOnleti by the po"Ofes fisted than m Bid No.2014-29 volunrccr Vchickc 1-oase W[ 14 POLXY NUMBER., COMMERCIAL GENERAL LIABILITY s CG 20 26 07 04 THIS ENDoPSEM] NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modlfees insurance provided under the following: .COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULr Name Of Additional Insured Persons Oror anizatFaq s i tnfocnnafion required to complete this Schedule If not shown above will bs shown In he Dedaraflons, Oar,tion It --Who is An Insured is amended to In- clude as an additional Insured the person(s)or mVanf- zadon.(s)shown In the Schedule,but only with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" caused,in whole or In part, by your acts or omissions or the acts or ornis- slons of those acting on your behalf; A. in the performance of your ongoirig operations;or S. in canneotton vAth your premises awned by or rented to you. Bid No.2014-29 Volunteer Vehicle Lease(PD) 15 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this . day of 2014, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows- 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 1 -2 Table of Contents 3 General Conditions. Instructions and Information 4-8 Indemnity/Hold Harmless Agreement 9 Cone of Silence 19 Drug Free Work Place Certification 11 Insurance Requirements 12 Insurance form Samples 13- 15 Standard Form of Agreement 16- 21 Corporate Acknowledgment 22 Certificate ('if Corporation) 23 Specifications 24-27 5cheduie of Pricing 28-29 Professional References 30 Bid Signature Form 31 Statement of No Bid 32 Attachment"A" 33 Attachment"B" 34 Biel NJ-2012-29 Voiuntacr Vclucl;;Lease WD) 16 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 shaft 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. 5. 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, Ft_ 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: C C ter_ C) 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. 1Sid Tint. 2014-49 Von, ,,_,cr Vehicle Lease(110) f? 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 utilised by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 13fd No. 3014-29 Volunteer Vchkll kcasc WD) IK 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. PUBLIC RECORDS LAWS- 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 al# records that ordinarily and necessarily would be required by the C ity. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. W3 i No. 201 4-29 Vohwn = Vuhide Loa<,:WD) i9 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 may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 13. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcame by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 14. 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. B i J No.`_o 14-29 Voluntefr Vth dt Lease(1'D) 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: :h BYU CAR, arl YL Print or type name and title Print or type name and title ( Yp ) � Yp ? (SEAL) Did No,2014-29 VOILIMMT VdhidC tX8SC(PD) CITY OF DELRAY SPECIFICATIONS BID Me. 2014-29 VOLUNTEER VEHICLE LEASE POLICE DEPARTMENT A. SCOPE OF SERVICES: seeking vehicle leasing for fourteen (14) new vehicles model year 2014 or 2015 for the Police Department Volunteer Unit located at 300 W Atlantic Avenue Delray Beach, FL 33444, as per bid specifications. B. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the awarded by the City through its authorized agent. Contract shall be awarded to the lowest bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the contract, and responsibility with current customers. Reference checks, review of equipment, and examination of financial stability will be considered together with price in the contract award. C. FIRM PRICE: The City requires a firm fixed price on the unit price(s) as bid for the contract period, plus additional year(s) if Contract is renewed D. CONTRACT TERM: Term of the lease shall be for thirty-six (36) months commencing date of agreement. E. SPECIFIED PERIOD: Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City provided funds are available for the first fiscal period at the time of the contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Commission of funds therefor. F. CANCELLATION DUE TO UNAVAILABILITY OF FUNDS IN SUCCEEDING FISCAL PERIODS: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. G. PERFORMANCE: It is the intention of the City of Delray Beach to contract as specified herein with one source that will give prompt and convenient response to the City's needs. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the City. H. PRICING: All prices are per vehicle per month; do not give a price range. I. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been place 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 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 mount 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. Wd Rio,X114-211 V01 LIP V61;L_ie 1 (13 0) 24 J. INFORMATION: Any questions in regards to submission of your bids should be addressed to Patsy Nadal, Purchasing Manager, at (561) 243-7161. Questions regarding this Bid or the Project must be submitted in writing; via email nadal mydelray-beach.com . K. PAYMENT: Purchase order andlor blanket (open) purchase order(s) may be issued to successful Contractor. Contractor shall submit one (1) invoice for per month listing the fourteen (14) leased vehicles and the cost per month. Invoice shall show the City's purchase order number, the item number, the quantity, a brief description of the item, the unit price and the total amount due. Invoice address: All invoices shall be submitted to: City of Delray Beach 100 N.W. 1sT Avenue Attn: Accounts Payable Delray Beach, FL 33444 off': Emailed to: accounts payable&mydelra beams_ ch_com L. VEHICLE SPECIFICATIONS: New, Model Year 2014 or 2015 Current Vehicle, Ford Fusion SE, 4-Door wlcruise control QUAINTLY Fourteen (14)total —NEW COLOR White BODY 4-Door, Tinted glass — highest legally allowed tinting on all side windows only— no tint. on back, Cloth Interior, black or grey, Rubber mates, front & back, Standard Heater and A/C, Right and left outside mirrors, left remote (turn signal indicators on right and left outside mirrors, Rear window defogger, 4- cylinder engine, Cruise control (optional), Power steering, brakes and windows, driver's seat powered (optional) STEERING Power _- TRANSMISSION Automatic BRAKES Power, disc front/drum rear SUSPENSION Standard W TIRES Black 15" or 16", full size spare tire and standard wheel covers FUEL EFFICIENT Over 22 miles per gallon ANNUAL MILEAGE 1,000 per month 112,000 per year— per vehicle M. REQUIRED BY CITY OF DELRAY: The leased vehicles' will be outfitted with the following,- emergency warning lights on the front and rear, decals/graphics will be affixed to each vehicle indication that it is a City of Delray Beach volunteer police car. Please Note: The light bars and graphics will be removed by the City of Delray upon return of the leased: of the vehicles. N. DELIVERY ADDRESS: City of Delray Beach 434 S. Swinton Avenue Attn: Kevin Rumble, Fleet Maintenance Delray Beach, FL 33444 Bid: price shall include delivery to the address as indicated. Laid No.2014-29 Voluntcer Vehicfc Lease(PD) �b N. LEASE END: No charges will be collected for body condition issues or repairs including tires that are under $300 per repair. O. LEASED VEHICLES —(not purchase) package should include: a. $1,000 miles per month per vehicle for a total of 12,000 miles per car per year b, Please list rate per mile for mileage overages. c. Upon end of the lease, no charges would be collected for body condition issues or repairs including tires that are under $300 per repair. d. Lease term is one (1) year with ability to extend the lease up to two (2) additional one (1) year terms for a total term of three (3) years subject to approval and appropriation of funds by the City Commission e The successful bidder shall furnish, with the vehicle, the Manufacturers Owner Service Policy. In addition, the Owner Service Policy shall be recognized and accepted by all authorized dealers. f. Manufacturer's Standard Warranty apply— 3 years/36,000 Miles minimum. g. Terms of warranty should be submitted with the bid, including any extension of warranty covering defects and adjustments not normally covered by the manufacturer's warranty. Warranty coverage may be used as a factor in determining the award of the contract. h. Towing service must be provided in the event of a mechanical failure. i. Lease must contain a "Funding Out" clause. j. All safety equipment required by the State of Florida and/or Federal Government shall be considered as part of this bid and must be included. P. SAMPLING, INSPECTION, AND TEST PROCEDURES: Upon delivery, the vehicles shall undergo a thorough physical inspection by the City- if the vehicles are damaged, defective, or substandard, they shall be removed by the supplier and replaced at no cost to the City of Defray Beach. In addition, if the vehicles do not conform to these specifications, it will be the responsibility of the dealer or manufacturer to comply with the requirements. Any extra accessories delivered on the vehicles that were not part of this bid will not be paid for unless requested by authorized City personal. Q. PREPARATION FOR DELIVERY: Dealer preparation, conditioning and full service is required prior to delivery. The vehicles shall be completely serviced and cleaned of all &-t and road film. All equipment is to be completely installed and al] adjustments are to be made which are required to prepare the vehicles for immediate and continuous operation upon delivery. A vehicle requiring service of dealer preparation will not be accepted. The vehicles shall each contain no less than one- half tank of gasoline upon final delivery. 1110 No. _DI4-2L,k V01M)Teer Vehicle IXeIAti (PIS} q6 SCHEDULE OF PRICING 1311D lie., 2t&-29 VOLUNTEER VEHICLE LEASE POLICE DEPARTMENT THE BID NUMBER REFERENCED ABOVE MUST APPEAR ON ALL REQUESTS FOR PROPOSALS AND RELATED CORRESPONDENCE. THIS IS NOT AN ORDER. THIS INQUIRY IMPLIES NO OBLIGATION ON OUR PART. CHANGES OR SUGGESTIONS OFFERING COST ECONOMIES ARE SOLICITED. �7k**YieyEieie�E�FY'e�r�r�FF*it�e*ie�4ek*ie�c�ekkirs'e�k�t�kir7F�nkfcir�ie*ir3rit�Fir�kE�etdk3et�e*�t9erkk7YEirir�r NEW VEHICLE; All items of cost are to be included in the lease price bid. Costs normally considered as pass through costs to the customer by the vendor must be included in the bid price. Absolutely NO additional costs will be allowed or paid during the term of the contract. All bids submitted are to be f.o.b. Florida, delivered. Contract award to purchase the materials covered in this bid document shall be construed under and governed by the laws of the State of Florida and each party hereto irrevocably agrees to be subject to the jurisdictions of the courts of the State of Florida. Failure to adhere to any or all terms, conditions and specifications as set forth in the contract may result in the immediate termination of the contract. Should termination occur, the holder of the contract may be declared a "non-responsible vendor". This declaration may result in rejection of any future bids submitted by the vendor for a period of time to be determined by the City. Various makes and models (Ford, Chevrolet, Kia, Honda, Hyundai, etc.) with pricing will be accepted. All prices are per MONTH; do not give a price range. MAKE MODEL MONTHLY RATE PER VEHICLE $ 3 2. SECURITY DEPOSIT PER VEHICLE $ . 00 3. TOTAL MONTHLY COST PER VEHICLE $ -:Fs .O 0 4. TOTAL YEARLY COST PER VEHICLE $ 5. TOTAL MONTHLY COST (X) 14 VEHICLES $ 6. TOTAL YEARLY COST (X) 14 VEHICLES $ 7. TOTAL YEARLY COST(X) 36 MONTHS (3 YEARS) (X) 14 VEHICLES $ 4 Minimum dumber of vehicles' to be leased - nine (9) Bid No.2014-29 Volunteer Vehicle Lmse WD} 27 EXCEPTIONS TO SPECIFICATIONS: GLIU0,_1�i L4 ))1I In rrhC� Additional Information Excess Mileage Rate $ L. i t9t /mile per vehicle. Estimated number of days/.weeks for delivery after receipt of purchase order? Number of Days[Weeks : tcL -"-5 Days ❑ Weeks JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Brow unty Gove mental agencies? ard Yes ❑ No Any I all requested and additional vendor information should be inserted after page number 32. Vendor: A-La&L Allb ��QSM 1 ) 1 LO Wd A,).N114-29 Volumeer Vehlele f,ease WD) 18 PROFESSIONAL REFERENCES DID No. =014-" VOLUNTEER VEHICLE LEASE POLICE DEPARTMENT A enc /Com an. 10 2kft( (J ,[ all Address L T City.State,Zip fe Klu Contact Person `h. Telephone 1 Dates of Service )6 -L Type of Service Comments Agency/Company E(lea 1 Address :3 i-c ayLA r v r� City,State,ZipI Contact Person C-00 9 Tele hone 3 - � [ Dates 1/,/ of Service r din r� e i / 4-n / f T 6 Type of Service r ! Y��li �` ( S1 f— Comments: Agency/Company !!ll In �] ! Y V Address rV f A F I 1n � o-) City,State,Zip V TfY `i Contact Person I�� S Telephone �— I�( ' �' Ll&5 Dates of Service 20+0 u VreM Type of Service Comments: Vendor: O LQ Bid No.2014-29 Volunteer VchMe 1,ease WD) 29 CITY OF DELRAY B10 SIGNATURE FORM BID Hoe 20114-=9 VOLUNTEER VEHICLE LEA$E POLICE DEPARTMENT PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. NAME OF BIDDER GAY\ - A-L Lc&-u > Name as registered with their State of �1 origin BUSINESS STREET ADDRESS > P.O.Box address not ermitted CITY,STATE,ZIP CODE MAILING ADDRESS: N Cheek if same as Business address above_ BUSINESS MAILING ADDRESS CITY,STATE,ZIP CODE AUTHORIZED SIGNATURE(Written) PRINT NAME n Q TITLE (of person signing form) DATE TELEPHONE NUMBER FAX NUMBER -3q �o g 5 R EMAIL ADDRESS � ```�` eom VENDOR SERVICE REP FOR ORDER PLACEMENT ' NAME L12k- TELEPHONE I CELL NUMBER FAX EMAIL ADDRESS rn 0 emC auk k)o f)tq Bid No.201=1-29 Voiunte"Vehicle Lease WD) 30 CITY OF DELRAY ATTACHMENT "JAPY BID No.2014-" VOLUNTEER VEHICLE LEASE POLICE DEPARTMENT Any I all requested and additional vendor information should be inserted after this page. Thank You List attached items. (please print) 1. 2. 3. 4. 6. 6. 7. 8. }aid No,20t4-29 Volunteer Vehicle Lease(PD) 32 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Police Department Kristina Maricic, Administrative Officer Anthony W. Strianese, Police Chief THROUGH: Terry Stewart, Interim City Manager DATE: August 7, 2014 SUBJECT: AGENDA ITEM 8.K.5-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 PURCHASE AWARD/CDW-GOVERNMENT,INC. BACKGROUND The Police Department seeks approval to purchase eleven (11) in-car video cameras from CDW- Government, Inc. for a total purchase price of$62,934.41 . CDW-Government, Inc. is offering pricing for the equipment from the Western States Contracting Alliance contract #1327172 250-WSCA-10- ACS. This equipment is used daily during routine traffic enforcement and community patrols. It has the ability to secure solid evidence for criminal prosecution, real time recording of events, and enhanced officer safety. It also reduces the likelihood of civil liability claims. Equipment will be installed in eleven (11) vehicles that were approved for purchase at the May 20, 2014 Regular Commission meeting. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This item is before Commission to approve a purchase award to CDW-Government, Inc. in the amount of $62,934.41 via Western States Contracting Alliance Contract #1327172 250-WSCA-10-ACS for eleven (11) in-car video cameras. FUNDING SOURCE Funding is available from 001-2115-521-64.90 (General Fund: Machinery/Equipment/Other Machinery Equipment). RECOMMENDATION Staff recommends approval of a purchase award to CDW-Government, Inc. in the amount of $62,934.41. CDWG.com 1 800.594.4239 OE400SPS SALES QUOTATION 'QUOTE NO. ACCOUNT NO. DATE FLDS027 5516432 7/15/2014 BILL TO: SHIP TO: MARLO DAHL CITY OF DELRAY BEACH 100 NW 1ST AVE Attention To: MARLO DAHL MANGT INFO SYSTEMS 300 W ATLANTIC AVE POLICE DEPARTMENT Accounts Payable DELRAY BEACH , FL 33444-2612 DELRAY BEACH , FL 33444-3666 Contact: MARLO DAHL 561.243.7865 Customer Phone#561.243.7865 Customer P.O.#FLDS027 QUOTE ACCOUNT •D TERMS EXEMPTION MIKE ZORICA 866.339.3535 FEDEX Ground MasterCard/Visa Govt 85801262155904 QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED PRICE 11 3156953 PANASONIC ARBITRATOR MK3 HD CAM 4,544.81 49,992.91 Mfg#:ARB-KIT-HD256M24 Contract: Standard Pricing 11 2009219 PANASONIC 1YR ARBITRATOR 360 SW MNT 177.66 1,954.26 Mfg#: CF-SVCARB2AMA1Y Contract: Standard Pricing Electronic distribution-NO MEDIA 11 3246849 PANASONIC BACK SEAT CAMERA 364.00 4,004.00 Mfg#:ARB-WV-VC31-C Contract: Standard Pricing 11 1603456 LIND ARBITRATOR DETECTOR CABLE 36.61 402.71 Mfg#: CBLMS-F00200 Contract: Standard Pricing 11 1466390 PANASONIC ARBITRATOR G-FORCE SENSOR 206.57 2,272.27 Mfg#:TGS-3DP Contract: Standard Pricing 11 1917171 PANASONIC 2YR ARBITRATOR 360 EXT WTY 391.66 4,308.26 Mfg#: CF-SVCARB2EX2Y Contract: Standard Pricing Electronic distribution-NO MEDIA --------------------------------------SPECIAL INSTRUCTIONS-------------------------------------- All items are coverd under Florida Panasonic WSCA Contract: B27172 250-WSCA-10-ACS --------------------------------------------------------------------------------------------------------------------- SUBTOTAL 62,934.41 FREIGHT 0.00 TAX 0.00 1 Please remit payment to: CDW Government CDW Government 75 Remittance Drive 230 North Milwaukee Ave. Suite 1515 Vernon Hills, IL 60061 Fax: 312.705.8218 Chicago, IL 60675-1515 This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdw.com/content/terms-conditions/product-sales.asp For more information, contact a CDW account manager. PARTICIPXiING AWZNDUM thereinafter"Addendum'] For WSCAIIFPASP0 PC Contucts 20094014 COMPUTER EQUIPMENT,PERIPHERALS,AND RELATED MASTER PRICE ACREEMEWT NUMBER BV17, BeWisen Psnesonic System Communications Company of Nc;rt:e Arnetira (as sucoosw In Interast to Panasonic Solutions Company;), Division of Panasonic Corporation of Nacre America (hereinafter`CrntrattGrJ and Stata of Flcrda (hereinafter"Porticipsting S:atul (Participating State Con;=t No: 25G•'1VS0N 1 A a) ',=,tJEREAS, The State of Florida (the"States) DeWLment of Nlnna-,amo:-# wDa-;artrnear)h-,suthorleed by Stiction 287.042(18) F.S.to evalusto contrcc a lz�t ky first Flw.-al Go.{enintent, another state, or a pollUc l subdivision acrd.utvi dotorm ned I1-s waQnj io he cwt- affediva and i;i ti:ie best intamt of tha State,to enter into sl re6mants authoriAng s'-a:cica(as deijnW by s. 287.012(1)F.S.)to matko purchases under such c ontr ,r-nd; IfVHFRFAS. to Stern 287.056, F.S. agewes and eligiblo ussrs (as tr-*, µ.yew Is 63fioW in Rule 60A-1.005, F.H C.) may pumhs�s- commodit.;ie4i and wn4tctuc-1 sls!"�Ic o,4 ;� 341r purchc sing agreements eotablished b,. the Dapartniertt, and, WHEREAS, the Department has evalwted ti4�'i IlNe6tern States Co-iLiactrrq WVnC'Fv Contract No. 827160: Computer Equipment, N-Aphemis. and Reiatod Sur eicas with an srosndnwntc and exhib4s therato, (here'naftr the "iviastar Prig Agreernr,i, a:;a heraw ac movdodges in uniting that au#xwL,aM use of the Master:fie Agreement and Ifil :; Ii!adurn is owt-effeccto;re and in ft Crest interest of the S12te,and: NO14V THEP.EFC1RE, the Department ors this Participating Addendum ft-tha3 pu-r,3sA of authrfWng and regulating the use of the Master Prim Agra-c-ment by st?t+s &5-dnc�z r±nd obia?eligible a,,era. A. S ccry* This Addendum savors the WSCANASPO PC Contracts 200&-2014(Compu net Equ;prr ;r,t, PedpheraW,and Relateo Services) led by the Stab of M.anesota for use by stout F- r;-.ice Lnc other entities located in bis Participating State authoriwd by that stata`e sir V stw to ualL� rtat�.s coniratts. !�, !?ar#iolraatlor Use W "c;ific WSC&NASPO cooparadv c onimet by state aguncios, poutica;sub&A- signs and other Gimtides (including cooperatives) authorized b7 m indi-eidus'siaWa stiAutns{u u;.-state contrPets are subject to the spprovai of the respective State Chief Prc wrcr�ie:tt Offpcicl. i83'ue;� of int3ripr9tation and eligibility for participation are safely wig:,.e,the authority of th State^hi t Pr wureamant Official. 4;. Cf ongas. `Tints PaNdpating Addendum shall bccome.effective on the lest dete s€ox-1 bsiay.,Cn-d shall have & term that Is ootermina:s wkh the Master Prtce :1grw�rnunt, unlzss terminated earlier pursuant to the 'zcWr Pricy Agrecimc-nt, thle !0r,.licipFting Addendum, or Florida law. In addition to the rights contained In .:ie Ma.4ar Prior: Page 2 of 8 Agr ement, the Departmerd ressrves the right to terminate this PeOcipatinij Addendium, of ve upon notice,if Contrac tw fads to cure the brew%:At;iln thi;ty(30) days after receipt of a written notice dwcribing the bread, for Contractor failure to comply with the provisions of this Participating Addendum, including but not limited to the transaction fee provisions of Paragraph C.4., and fto provision of Section 287.t?W1Xs)through{f}, F.S.as m qulred by Paragraph C.B. 2. -urpos-a and SWAM.The Cepartrimrs Intent Is that the Contractor, Hai m;t with the Stato to furnish quality Computer Equipment, Peripherals and Rolcted Sartices P-;; uutiimed in ft Master Price Agreement nt the lowest prim available in a tini!!Iy iwrd efficient manner for Eligible Users. The Depertment hae developed a list of Vmrket I3oaket" products to Iticluda twt not be limited to the cetegorles of Standard Desktop Corf'gutations, Standard Laptop Configurations, Monitors, Ober D as p:, Other Laptops, Ruggedized and Rumed. Tablets and Ultra Mobile, �A,lorranty, 84;nAc:es, Deal op s;.r'.d "-ptop Pr dpherls, Procsssom, Memory, Stonagca, and Guar. For items to them cot je ieg the Deprtment will obtain`arm prig"for ec-ch stern that the Contractor ofk'm cn the hiastt,r Price Agreement. On. a penodic basis, not to exceed six months, a "uW may br iss ea to the Contractor to prose updated firm pricing for this "Market Baske- i,roducie. '�h"t requests vAll contain spre>adch•�� may ay contain updated Stianda;d Corifig:..W.Ions for Desktops and Lapkops, and now products and/or new wt-dixt c:-degcr,ac to adjust to technology changes and emwging nacds. Ths purpo'se of those upaatsd price requests is for tt,- Despai1ment to continuo to c>ti. sin tie most 1k%1nr&b!r; `F" cinq offz d k.!the Com ram . while vlso maint*iLri?ng a f'aa1N of pmduc:c. T:tr; ©e!iartrraen: may accept the submisalorrr by the Contractor or request na�oasticn sesslone to discuss the subrraisslons further. The requests may Ple-i ir:clude bared diumnt3 far quantity and talk purchaves. All pneing stbmit`ed cid. acoWad uy the Department shall lea In effect for than duration of the pncing.AIL A963cy Purim" -t)cif&angel De,.,;ktopa and pt=4. :Crei;a'a Age,,for f=ntarprise infmmatlon Teahnolcg,,t (AWT) d"loped the Wfla.l stain arcl configuretionslapezifications for dcskto:►s, laptop, and mon:tor;s. Stab=send.-�;shalt be rw4uired to purchase thwe iteme inert Cne Cord;acstor that 7�Q'e'�;s5 free lVi'lS.t Pricing fbr tiw. ndard Desktops, laptops, and M'on°tors dur ng the Sf*S;f4c: pn;dna Vie. 3. :l*uresiasing RK-Ldrmc'+*t& In order io pr=",. fare or servicoa .eteumc:sr, Eliglbld limits shall ieaus purchaft- larders re roncing "Ai;tc:mate Contact Sourc. NO. 250-WSCA-12-ACS (ACA No. 52717 2— Panasonic Solutions Company)". 0#1t Us,Drs are responsible for reviewing the terms and condition; o:` this Rwid iFsting. Addendum anti the Master Pare Aareormnt, Eligible Users must, failu-er tn4j, eppiicable statutes, laces. rules; ordinances, codas, policies, a�ad prcaoadur� in t`ar: purchase of goods or services under this Participating Addendum, llnlas4 otharAas Provided by Florida law, statute, rule, or this Par paling Addemium, the vAli not implement any additional restrictions ors any Eligible Liter to purchR;.r q off of This Partcipating Addendum. Neither the riot' the `e-ectMrn State-3 Contracting Alkenc a is a part, to any pumhase order author d Lpy or Wood under i;ais Participating Addendum. 4. "u.'lor �la►:cc:tPfaca Re i rtr Lion nd Tmrr4r< 1a�� Wit. In order to�r;:p!<•te sac;; iransaction bett►serf the Eiigibla U:aer and tho Contractor, the Contracter must bri registered In 'MyFloridah0larketPlace Rules BOA-1.031, F.A.C., is ha:etw inco?i7si-mad by reference. Thc, State of Florida, througn x;tao Depvtrn t of s'_'anegerrent Se:4c—,.4. ,nsis lastittr�;-,d Page 3 of 8 MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(22), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non- refundable when an item is rejected or returned, or declined, due to the vendor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the vendor in default. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 5. Contract Reporting Requirements. The Contractor shall be responsible to submit a Monthly Transaction Fee Report, and a Quarterly Sales Report. These reports will be submitted as follows: Monthly Transaction Fee Report. The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at httn://dms.myflorida.com/mfmu}. Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at feeprocessing@mA]oridamarketr)lace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. Quarterly Sales Report. The following data must be reported electronically to the Department on a quarterly basis using a Contract Sales Summary form supplied to the contractor by the Department's Primary Contact shown in Paragraph F below. The electronic report shall include: • Contractor's Company Name, • Contractor's Company Address, • Reporting Period, • Contractor's Company Contact Person with email address and phone number • Excel report itemizing each purchase for the period that includes columns for the following information: Part Number/SKU, Item Description/Service Name, Item Category, Item Family, Product Description, Customer Name, Commodity Code (if available), Unit of Measure, Unit of Measure Description, Volume/Quantity, Order Date, Date Delivered, List Price, Contract Price, and Additional Fields (if needed). The reporting periods coincide with the State of Florida's fiscal year which is July 1St through June 30tr'of each year. The quarters are divided as follows: • 1 St Quarter—July 1 st through September 3e • 2"d Quarter—October 1St through December 31st • 3'"Quarter—January 1 st through March 31St PaE!e 0.of 8 4 Qum–April 1`'through June 34 Failure to provide gi rty reports, ir.31udlry no saw. (30) cols-rdar dwA follmvhV the end:of each qtr,or annual EXCELTNI line item reports within.'Lhiri,,(30) calendar days, may result in the default prooeeding&-Wor turri1nation of M6 contract. lnitiation end submlasion of the Contrad Sales Summaries are to b3 the responsibilit;, of the Contractor, and supplied without prompting or notification by tho Prune_. Contact. The Contractor will submit the completed Contract Sale; :summary reams by errieiii to the Primary Contact as stipulated, The Primary C:ontac:t shall diatributo at t vt tlie.a of contract formation, in electronic krimat,the Contract Sal:s Sumr;iz-ry form to bo used by the Contractor. Re Contractor shelf report to fly Dr-partment the amount of spw.md w tf cart lad a nd othor minority bwsiness eMerpri:4w_ R-ports muit inclu&i th(a period cov .'", name, minorRy code and Fedeml Empa ny6, Identification Nurr W o; oath minortt. ve,V.or ui"lized during ttm pariod, commodities and service* pru-A� b,,, tiiE Glir-.Un, businesir eaterprlse, and the amount pald to ear a minority v�trrJ ar or bertaPi of vL-ch purchasing agency ordiedrrj uiir3cr the tears of this comtract. B. Thor proviciions of Saction 2$7,C+W*Iyaa), (c), and (Q, F.S. sre he%€%y In=,;_oitad by ratt;rencae. If the transaction involves contrectual i=cervices, trie pruvdona or S--tor., 787.058(i)(b), (d),and (c), F.S.are ticto incorporated by A&rencE. 7. `i'he utate of Florida's performcrice erd obligation to w.. urns' is contingent upon an annual €ppropriation by the i_ogislulaire. Thy Oon r,.Ctor comply with Sections 11.02, F.S. and 218.347, F.S , prohbitine. use of Tai als to lob!)y flee Legislature, Judiciary,or stsie agencies. 8. Tha Contractor shall comply with all lava, roles, cedes, oi-dinsnoes, amt regui'pmerits that are a iiceblo- to Via conduct of its i is —a z : v ra" of f eleral, state, and local agencies ha '.ice jurisdictiiori and authort, Ey way of r;or._ zxhcaustive w-ample, ft Contractor stall .comply with Secton 2.I of t. ImiaigmWin and Natlow'.1ty Act, the Americans with Disabilities Act, rind ail pmhibltions against dismirairation on tho basis of race, religion, .sex, cre-a:d, rational origin, 61s-ttility, msntal statics, or veteran':,status. 9. Peyment shall be made in acxordarice virth S action 215.422, F.S. inton-st %naltoi fear mite pa";rnert are available sAg%t to tl, provision's t;, ;~ cn 215W4 2, F.S. A Vendor Onbudi;man, whams dut1w ind Wa acting es ron sdvoww :or vendor, vino nay be c q)elrioncing problems in o;atr--ining dmzly�Atymemt(aa) vtaic z enc-nviy La contacted at 8GU48C--2g24 or by Wiling 4ha i Cron:p;a^otter OtII v!' 1 i 3 - 3792. 10.7tiG exclusive v aniaa of arry legal or-squilabla action that,-risss out of v saw-trA .o.hiµ Participating Addendum shall be ftm appropriate State court in Loon Covnq. i"ka.-ida; in airy such action Fbrtda law shall apple=and both parties:dive am, ;-ig to a jury trim ti w i ether party n tay have. 1�T.The Department, at its sale discretion, mLq unileteially amend ttie F.!nary ^ontec` name and their contact Information in Paragraph F of thin Paricipstrig Aadzwidlji r r wing f tern of We Participating Addendum Any amenument shell be mfi!a:iiad Ir a separate document of bwd to this ltrticlpating Adenclurn. 12. If an additional ordirianco ruler or other lo- l governmeri :l 9u#htxit'j roc;u,r•:, additional contract language gore an Elicgibie User can make a pirchase horn 'N's Parlimpating Addendum, In lieu of th;s Perticipating Addardum the ErQiNl User 1 responsible fear signing a separate Participebrig Addendum with iv Contruc?or. Page iof8 13. Intellectual Propcdty: Tho parties do not anticipate that any intellectual prop~rtv grill. be developed as a result of iftt Participating Addendum. Howevar, any Intelif--ctu:,l property developed as a result of this Participating Addendum v ill beluny to End bG this sole property of this state. This provision will siurvive the termination or of the contract. If there Is existing intolkxAml property that is used,then thir: still ra-4wins as the Conhoc es prco6ertY- ; . P. f >ntsa.: Section "13 (i�� Gctarz:rt�as) of the Mash Pricti i greem�r;t shall apply to this Participating Addsrtdurn. 1 S.'i),rminaa on for Cotmrmnlertoo: The State may temninate tl.a Contract In vihola or in part, by providing thirty (30) days writtan noticr to the ContracEz, x-sfiur tie -StGt determines In Its sole dimetion thbkt tt Is in the State's isiterest to do so_ 7110 Contractor shall not furnish any product aftw It ruceivos the notico of terrmino+.iot:, except as naoessary to complete die contrnuod portion of the Contrtr2, if any. n-73 Contractor shall not be untitled to recover any c&-ricellation ch€rg;-s or lo3t rori . 1 C. imployniertt E1101billty Verificatilwo: Eumuant to State of Florda Ex�utivtj OM-eru Nos.: 11-02 and 11-116, C;ontractu- is mquired to utt1iz3 the U.S. DeperLment or' Homeland Secunty's E-Verify system to verffy the employment of all rt w ampiol;*es hired by the Contractor during the contract term. A.so, OorstraAor saha tl include. in r-Anted subcontracts a reqwrcment that subountraciom aarforrninp wooz, or provid,ng services pursuant to the state contract utifize tie E-Vark :jettetrn m,amity r=mriofr�r�nt of all nor-.v employees hired by the subccrfartor during the contract"rrt. 17 'EicCt.vrdc hv4;fthV. The Contractor sail supply Ooctronic lri,ffolces In I::�u rf p pi er- based lrvolces for those transactioas process: through tha ;:91 MP %snit`tor agrees, upon S' request, to aatablish el:ctronic invoicing withir. nirat;, ( 0)UaVs-tf writton raq st Electronic Involoes shall be submitted to tho rzgAnvi iltrough *Y.-Arl; Supplier U&Nortt (ASN) in one of fs:-+Lc- mPchar:i3ms as lisp balcre. Suppii!;Iz t o select the method that best meets their capabititles from the faring list: • c L(O mnnet=Q.Aes%,%1b11ta Mkarlwp Lanq aege) This standard establishes the data cents Mquirrea for irrjcir i via c;3 AL within the cur to d of ari eit-Wanes a nivirorsmsM,This t;'am;Lic hon set can to used for invoicing via fhe ASP-for catalog and con-cvtglcZ.gocx?s and :services. The cX41 format Aa&P A&-s p v1bn ;rn d; F Eat(Ekictronic ikft Inhathang±) this standard establishot the data contents of the ;nvoica Tram don Set(8101)fbr use rAttsin the conte.-I of n Electronic Qa:a ir!terch,ingo ,EDI)environment.This sat ctn ba ulcer!r;..'In olcir,Li,*a the ASN for c atWo.-and non-cstaft e,toorte and ser Aces. PQ I"i p vlu AS The c aime procm allms sir.pliers to submit Invoices�!c gas ASN'for catalog and non-catalog goods and serviezz. Suppiier, hvva V-sl to tote an invoice dkec tly from fi'teir Inbox in ttw-ir ASN account sirnpiv "flipping"the PU into an Invoice. This option do% not r�quira uiy a.pwavlal softaware or tachnical capahititias. For the p;jrposw of this section,ttxa Contractor vxrarrants and rAmrrisonass 1jim it:s rtuthoirized and empowered to and hereby giants ti-ke ate and t*third par;;provider of f,A.-4P,a State Contractor, 0%right and license to uso, reproauce,transmit, distrbute, and publicly dlsplay I tln thci sum tho inforrmaHon cudiried abovct. gn addition,the Contractor warrants and represents that it is suthorirad and amp—eAwrrr d to a ►d hereby grants the We arul tfta third party pmV.der tilx right and fiWnnw to rup rod ucs anti dh;play vAhirt tip systo i:i thL- Conti%etc r'a tradamarks, gyei-!�rn InEry,4, r Ktga 3 ya 8 tragos' trade dress, or other branding designation 111.'A identifies the pro:.'ucta rnad-:' avasileble by the Contractor under the Con ct. 13. S*rutjn&,sd Companiieo Liss. irk a xr-cuting this agreement, Contractor+;eaaies that It is not tlsW on either the Srrutinizerd Companies with Activities in Sudan 11-hA or the Scrutinized Companies whir Activities in tha lra*n Pertrolgurn Enemy 8( ,ter Ust, treated pursuant to section 215.473, Florida StatuWs, Purauent to Section 287.t35(b), lw.S., Contractor aegreeas the Departrrtent may imme:diateAy ter riiriaia th% mrrimcZ r:ar cause: if the Contractor is found to have submitted a false certifies ion v;'I C'-ntrractcr is placed on the Scrubrihod Companies Oth Activit os in Sudan List or the Scrutinized Companies retie Activities in the cram Flatroleur;r Frtcrgyt Sect;r List caring tl"W t-:m of Me amntrad. 19, Purah-r crt Cutalog Request. 'The Contractor hereby agrees to c ooperaze:oi'h m Dapartrneent and 41yFlorldeMarketPlaos(and any authorized agsn}at,s:at'o-Usor entity to lt;yFlortd �Jarkeillsiac ) he a er rt ceigict #his ct:tgii!09 g Da to b exUbited on the ri vieartcptPlar . At a minimurn,the Cona-ac:ts:r grprass to the follow : a. Contractor agree zi, upon the I iWmant'a ra ptest, to diethror a punch-ooit catalog provide-d through to resell or put Znc s identihied by#;,a Contractor end the De fitment v.Ahin ninety(90)days of the date ftt it..) Participating Addend:arn is signed by brie Departmont. Tna punchout cataalk->y coatent inust;�a limited to tha Contmatoes stratv:vide con.met ofi-cOn.g. Pungb t Catalog, By providing a punch,out c 109.Cccatractar kn PwAdiropn i a orun onlina catalog through ft re seller partners rriambiie d by t:�,ti Conimcbr 4cnd the Department, which mast be Viable ti co Tfnmica,i,�n beic,pan the Mynod"AarkeWlac e€Procurement Systwn f�1 M71L'a -r+_d c sup Ali ,r's EERP syctc.rri via Commerce eXtamible Markup tasnpuage(cXn►ri). In#rig scenar;o, tare►Contractor through ft reselle,-paiinare unaurec its a.aline vat€..log marketplace is up-to+date by perlociically updct;ng the offerer Lnd prldng iicterdd on its online c tarok. b. In addition to the Contractoru punthout catalog provider througs-)the rese-:irwr partners in MFMP,the Contractor II rarovide a spe rife:onliher ordatring per ni fr3r ugh its roller partners and product catalog(ieferrA to as the oniino catalog)to the Stain of Florida cx rtainirrg only State of=Monde items�%nd prise. Tha oontrar.W will, wiithin ninety(90)days of ooitVW oexrd, rrrai rr• ±,r;:, online csatalag 11twoueh its rxe fler partners:hat Lammas only mama th^t'.ra In fi ra scof-�)of the aawardod co,*acZ. For eech item,the foIIo vong lr&-rona:roiI sito ll LM provided at a minimuni: Item description, manu%Cturw r n*va., innnW,cc r�"r part numbor, unit of measure, list pry and contract prics.,and!,.am i:rassa, c. The Contraaetor a►gmas to moet the follo t,", mquire3rr ants throe• h its rf; yl,or partners: Catalog must contain the most current pricing, Including all applirxi l- adrministrative fern and o;c::scountsa,as viell as iire move up-tc-dc to productiservi♦ce oftring the Contractor 13 ruthorized to prm!de in asc c;orclar:ce with the stateri&uontray.`t;and The accuracy of the catalog must ba mrintained by C•c,�trac.or provided through Its rml!er partners Wentik-1 by thy;Contractor and the Department thmughout tlto durajon V tiwa staf---wAde= contract; carrel The catalog mutt inctuda a SU -specitfc contact itkz ca lion numhc,7- and The catalog must itrcluda detailed product liryy,Item civnMpbcaw rs,and • The catalog must include pictur when pa3sivle ; and P i of 8 The catalog roust Include any additional content r r{urred i,pr 4hs Department. d. Contractor agrees that tim Department controls which statewide cant;acts aippeor in rAFPAP and that the D"artment may elect at any time to rcn.over e:n%,( Contractor's offering from l` KIP. s. Contractor roust be able to accept Purchase Orders via fare me!!,i XWIL or'2DI INT AS 12. [). Le&az Agmements Agancl:z may Wass equipment thresh alternahve financing arrangements othr tiriri CF-'FP. Thla optiqn is governed by§287.063 and 257.CS4, Florida States; RAG 691-3, Floricrj Admini€°active Code; and Comptroller Mernorer-dumc 10(1992-93), 13(1985,36),0 (1£45-913), and 07 (1M-93).Thee.Department of Financial Servvos(DFS)Finance anti t.e aing Squkn will rb iev�,proposed leases to determiimo compliance vith all requircrnsr&and*o wnsuro lim3es are economical end cost ireff+eotiver.The Contracbor rand Customer(worianj t0Vjft:-)w?1 ba require-d to compists and submit to DFS the TNrAlst'for R--njuwtirg 03partment of i9r%nc:e1 Sory es Arprmml to L6Lse Equipment"for any le o valued at V.5,0 M or more A ccpy of Vie forma may be found on the IFS wabs$ite under the leading of"Equipmto=t h i to;�lvw •+Florida -coMLaaa r JAftAde ma _ ._rt ( Each p;aca of equipment or service offered on this VISCA Parbe4pa&4! Addends rr, r!hall ho uv,:iicWee for lease. The customer is GuZhonzed to enter into a leeaw agreemant for i quipment bV lasuanze nif a purchase oyster referencing this -intri:t nLrnber and thst inc-orYHr.W4 t.r� wmz,nufacWrer`r%i%as terms and&ondditiorr:.as approved by DF3. The primary govaimment contact individuatz Addendum are ua lVia.vzi (or their named zuccessnru): Name: Susa i Kahle Addres3. 1'k Admin Bldg, St Paul,f-AN 55155 Telephone-(851)201-2434 Fay- (661)207-3M E-mail: susan.kahle tatea.mmus _;gta l4araw ;Michelle C hr-pin Addi s: 21473 Gbh View Dr..&hbcim,VA 20143 7eieph©ne: 973-303-7787 E-ii:x:ll. 1nichelle.chapinQue.panaemi s.o!)m �, ng tak blame. Job Atkinson Mdra4s. 4050 Esplanade Way, `i a1xha a, .�t.32301C Telephone: 850-47-4196 Fax: $60-4148122 E-mail', dm .m axurf IR Nicing Subco3'mtiFtOo m: Only those ftwu mic Authorized Rollers aml Fervid provider s listed on the Panasonic W�CA wabsite are eligibij to support the Master Pnca Ar.r. meat as approved by thi3 Participating Entity. ftnasonic Remelt s vAll vary by Stan.. All ordem r re to to issuers directly tra: Panajonis Authonzed Resellor +Ki w.il payments are to be issued to: Pana6anic Auiiorizeed Resek C,e; i 8 of 8 G. Ggw;Alance w-Affi reporting r i erne*.of 4.43"Anwican Recvvei?i Prd- fk,in--m!t,i- ant Ac:of 3OW„("ARRA"). 11 car when contractor is notifod by corderir:p eitity that a specific purdiaae or purchases are being made with ARRA funds, contractor oer to comr hi,wtthh the data element and reportft requir+emento nw currently de fined In Federal Rsglster Vol N#61, Pages 14824-14829(or subsequent changes or modlficetions to those. requirements&-,published by the Fed"I ONS)_ Ordering entity Is responsible for Informing contrector as soon as the ordering entity L r wam that AR w+A funds are being u for R purc;mas or pure. Contractor will provide the rzjulrei4 roport tD the ordering entity the invoice pr anti to the ordering entity for payment. The contractor,as It relat" o pu has°?s under thin contract, is not a subcontractor or stabgmn!w, I�vt,imply a prcrridcx of got::.:!nd related services. Ali pv! ;w-sa or4ara 13wed by purct i%enalas:hittri":1.10I Ice., Cif�:•:� Aid ,n:f tint t awl`iridude tto Pardcipathg Vie,cantrac:nc:r r: =Ash:� -'.rJ•: 1 �i, id rims M astar PF"Mc, Agrcoment Numb= 827472. this Addervc urn and tine Master Price Agreement tcgc-!h*r v ttr its oxhibits, W art;*tii-3 contira s+gmom:mt :-Dtrf-een fh•3 pwties with respact to th*subject matter of all previm;s onmmuraications, representations or agreaments,wwtiethw o.-c-1 or wi t en, wfth r z;ruc:to`i.13 subject rnstt�F,hsrof. Farms and c onditionc inw isist_rt�a01%,oontrzry or in nd.Nion to li3 term3 and conditions of this Addendum and the Mentor Price Agreement,tofr=thar`mih pit oxhibVs,shell not be added to or irmxwporated into this Ao&ndum or tyre Ma:ter finch Agr,r o=rat and iw c;xhibiis. by airy 9ubs".ient pum.h,aso ord or;;r othar Ar--.f), ar:d air,rircn aftempts to add or incorporate such temps and c ondl:lonu are heraby rcjactt�d ri-a tcom- s and corditiors of tint; i4dendum nnd the tinter Paco ftreement and ib a•.hibrA shRll and govsm in tfaa case of any such insistent or acaditIonal tarns. This AddQnrjc;raa cpp!.'e*only.'I thn j 5risd1=12n of the PLrticipatina Stata or FWtic;ipat'ng l=nl h-, has c-:.—avrt d mitt Ad!---m Turn. IP4 WI'!cJ ASS WHEREOF, Vie par fies have txecuted thr3 Addendum vs of.tho ruts of oxe:x!'Oon by Cor4mator below. Soto of:9;71:I#�:' f_',or? l't't;it;i`. .I"d11Cn,*"r.�Cr�lI1�a y�3S;+vinq�'fu?7mUn!Cali 0,15 t?awzrtmont Mwnr19 marrt SerA colnp f-'«.of .�!',31h a+ -?V0i i"% L�04,,'w, Oi ;; sonic cat rr.'s_ort of.Slarari Amer!".. I{:3II;'t_pll, .iii. `3igr�ture nial Procurement Officer and Drrecto. of Statta:'urchaslna __,J`*�L L.. y{ Y�'•` Noma biii- �Itica A;;X, ovt=d m to form mW fegalfty Ito of&I d oflrrall Sa RESOLUTION NO. 49-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF IN-CAR VIDEO CAMERAS FROM CDW-GOVERNMENT, INC. PURSUANT TO A COMPETITIVELY BID CONTRACT BETWEEN THE VENDOR AND THE WESTERN STATES CONTRACTING ALLIANCE; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Delray Beach Police Department seeks approval to purchase eleven (11) Panasonic in- car video cameras at a total purchase price of $62,934.41 from CDW-Government, Inc. The cameras will be installed in police vehicles that were approved for purchase at the May 20, 2014 Regular Commission meeting; and WHEREAS, ninety police vehicles are currently equipped with Panasonic in-car video cameras and the Police Department's infrastructure is set up to use this brand of cameras; and WHEREAS, the City acquired all of the existing in-car video cameras from CDW-Government, Inc. pursuant to an agreement between the vendor and the Western States Contracting Alliance which was competitively bid;and WHEREAS, Section 36.02(c)(8) of the City's Code of Ordinances provides that the City may acquire non-real property, goods and services without Sealed Competitive Method or the Written Quotations Method where the City participates in joint procurement of non-real property, goods, or services with other public entities within the State, including, but not limited to acquisitions made pursuant to interlocal agreements entered into with other governmental entities in accordance with Chapter 163 Florida Statutes; and WHEREAS, the Western States Contracting Alliance is an entity comprised of public entities outside the State of Florida. Therefore, pursuant to the joint procurement requirement that the City join with other public entities within the State only, the City may no longer acquire Panasonic in-car video cameras pursuant to the Western States Contracting Alliance contract. WHEREAS, utilization of the City's competitive procurement methods for the purchase of 11 in-car video cameras is not practical or cost effective due to the City's immediate need for the cameras for the newly purchased cars; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of 11 in-car video cameras pursuant to the interlocal agreement the Western States Contracting Alliance and CDW-Government, Inc., attached as Exhibit"A", is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of . 2014. MAYOR ATTEST: City Clerk 2 Res No. 49-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Police Department Kristina Maricic, Administrative Officer Anthony W. Strianese, Police Chief THROUGH: Terry Stewart, Interim City Manager DATE: August 7, 2014 SUBJECT: AGENDA ITEM 8.K.6-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 PURCHASE AWARD/FLORIDA BULLET,INC. BACKGROUND The Delray Beach Police Department seeks approval for the ammunition order from Florida Bullet, Inc. in the amount of$17,097.20. This order includes ammunition needs for SWAT team training and on- duty use. The itemized list of ammunition for this purchase is attached. Ammunition is a requirement for Law Enforcement Agencies for obvious reasons. Standardization of ammunition is very important. It is necessary for the Department to use only one kind of ammunition for duty use (certain kinds of ammunition for certain kinds of weapons) and a comparable ammunition for training. Consistency is needed for officer training and to maintain standardization in how the weapons perform. When selecting ammunition, factors that are considered include: casing, bullet weight, propellant, toxicity (of airborne fragments subsequent to fire), and bonding. Once the Department has researched and determined the best ammunition for the price, changing to a different ammunition would require recalling all of the ammunition currently in the field and replacing it with the new ammunition. This is extremely costly and wasteful both in purchasing cost and staff time. Therefore, although ammunition prices do fluctuate, once ammunition is selected, it is cost prohibitive to change unless the circumstances warrant the expense and time required to do so. The specific ammunition the agency utilizes was selected due to FBI ballistic results, and the training ammunition is very similar in ballistics to duty ammunition, resulting in reduced training costs. The Department has been using the same ammunition for about ten years. The recommendation for the ammunition was approved after testing by both Delray Beach Training Unit and FBI ballistics lab. Florida Bullet, Inc. vendor is a sole source vendor for this type of ammunition. This purchase is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(6)(b), City Standard. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The Police Department seeks Commission's approval to purchase ammunition from Florida Bullet, Inc. in the amount of$17,097.20. The amount of the purchase is under the $25,000 and as such could be approved by the City Manager; however, the City Commission has already approved purchases up to $140,204.10 in this fiscal year. $52,775.60 was approved at the Commission meeting on 12/10/2013 (Purchase order #696409) and $87,428.50 was approved at the Commission meeting on 02/05/2013 (Purchase order #688216, which was rolled from 12/13 fiscal year to 13/14 fiscal year because some of the ammunition was on backorder). The current amount actually spent with Florida Bullet, Inc. this year is $121,970.20 to date. FUNDING SOURCE Funding is available from 001-2115-521-52.19 (General Fund: Machinery/Equipment/Other Machinery/Equipment). Florida Bullet, Inc. QUOTATION P.O. Box 7497 Clearwater,FL 33758-7497 Date Number V:(727)461-6081 F:(727)441-4477 8/7/2014 623 Name/Address Delray City of Attn:ACCOUNTS PAYABLE 100 N.W. 1st Avenue Delray Beach,Florida 33444 Item Description Qty Rate Total 53395 45 Auto 155 Grain CFRHT Per 1,000 6 532.90 3,197.40 53885 45 Auto 230 Grain TM7 Clean-Fire Per 1,000 22 302.90 6,663,80 XM193AF90 .223/5.56 55 grain FMJ in Stripper Clips 450 Per Case 40 180.90 7,236.00 PRICES INCLUDE STANDARD DELIVERY PRICES GOOD TILL 09/25/20141 Total $17,097.20 ATK Sporting Group Law Enforcement Sales 900 Ehlen Drive Anoka,MN 55303 www.atk.com February 14, 2014 To whom it may concern: In reference to ATK Law Enforcement distributors in the State of Florida, Florida Bullet Inc. in Clearwater, Florida is the only factory authorized Law Enforcement Distributor in the State of Florida for CCI-Speer,Federal Cartridge and Force on Force products. Florida Bullet Inc. is the only Law Enforcement Distributor authorized for drop shipments directly from the factory within Florida. No other distributor in the United States can sell our products in the State of Florida to Law Enforcement other than Florida Bullet or they will incur a penalty. Thank you for your business and interest in our products. 3 Hat Price Director of Law Enforcement Ammunition ATK Sporting Group Alliant Techsystems Proprietary r MEMORANDUM r A.. TO: Mayor and City Commissioners FROM: Police Department Kristina Maricic,Administrative Officer Anthony W. Strianese,Police Chief THROUGH: Terry Stewart, Interim City Manager DATE: August 8,2014 SUBJECT: AGENDA ITEM 8.K.7-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 PURCHASE AWARD/STROBES-R-US/POLICE VEHICLE EQUIPMENT BACKGROUND The Police department is seeking approval to purchase and install vehicle equipment in new and existing Police Department vehicles through Strobes-R-Us for a total purchase not to exceed $38,000. The total quoted price is $32,541 but additional amount is listed for additional charges in case fabrication of bracketry or components is necessary. This purchase would be in compliance with the Code of Ordinances, Chapter 36, Section 36.02(7)(a), "Methods of Acquisition, Direct Acquisition Method,Utilization of other governmental entities' contracts" and Section 36.03(B), "Multiple acquisitions from vendor exceeding $25,000 in any fiscal year".The contract that will be utilized for this purchase is the City of Sunrise contract that was competitively bid via Bid No. 11(06)-01-01-01-19 W and is expiring April 11,2015.All of the purchases will be completed before the contract end date. The Police Department recently received four (4) new vehicles and eleven (11) are scheduled to be delivered in the first week of September. These vehicles were approved for purchase during the May 20, 2014 Regular Commission meeting. In addition, a number of existing vehicles need equipment purchased and installed or just installed. Strobes-R-Us is a vendor that is usually used both by the Environmental Services Department and the Police Department for various equipment purchases and installations and it is important to stay with the same vendor due to warranties included with existing installations and wiring. The breakdown of the purchases and installations needed is attached as well as quotes from Strobes-R-Us. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. FUNDING SOURCE Funding is available from 001-2115-521-64.90 (General Fund: Machinery/Equipment/ Other Machinery/Equipment) and 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment < $1,000). RECOMMENDATION Police Department recommends approval of purchase of vehicle equipment from Strobes-R-Us in the amount not to exceed$38,000,pursuant to terms of City of Sunrise contract# 11(06)-01-01-01-19 W. S1 SE STROBES-R-US INC Official Estimate 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# FLA 8/8/2014 7785 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH 434 S. SWINTON AVE ATTN: TONY DELRAY BEACH,FL 33444 434 S. SWINTON AVE DELRAY BEACH,FL 33444 Item Description Qty Rate Total "Vendor acknowledges that this purchase order is pursuant to the City of Sunrise contract#11(06)-01-01-01-19 W and that the City shall have all the terms and benefits therein." 7125-7413 STRONGBOX TOP LOAD LOCKBOX,41.5"W x 10"D x 8"H,w/GAS SPRING, 9 499.00 4,491.00 (ADD SHIP) INSTALL INSTALL GUN BOX IN TRUNK OF IMPALA 9 59.00 531.00 MARICIC @mydelraybeach.com Please call in advance for an appointment. Subtotal $5,022.00 Any questions please call 954-946-9955 0 Sales Tax (6.0%) $0.00 Signature Total $5,022.00 Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET S1 SE STROBES-R-US INC Official Estimate 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# FLA 8/12/2014 7467 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH 434 S. SWINTON AVE ATTN: KEVIN RUMELL DELRAY BEACH,FL 33444 434 S. SWINTON AVE DELRAY BEACH,FL 33444 Item Description Qty Rate Total "Vendor acknowledges that this purchase order is pursuant to the City of Sunrise contract#11(06)-01-01-01-19 W and that the City shall have all the terms and benefits therein." * CUSTOM TRUCK VAULT BOX AS DESIGNED UNDER QUOTE NUMBER 135201 8 2,893.00 23,144.00 SHIPPING VIA... FREIGHT TRUCK SHIPMENT FOR ALL 8 UNITS. 1 1,550.00 1,550.00 INSTALL RECEIVE DELIVERY,UNPACK,INSTALL,BOLT DOWN TRUCK VAULT TO 8 89.00 712.00 MANUFACTURER SPECIFICATIONS MARICIC @mydelraybeach.com Please call in advance for an appointment. Subtotal $25,406.00 Any questions please call 954-946-9955 0 Sales Tax (6.0%) $0.00 Signature Total $25,406.00 Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET S1 SE STROBES-R-US INC Official Estimate 2681 HAMMONDVILLE RD POMPANO BEACH, FL 33069 Date Estimate# FLA 8/12/2014 7771 Name/Address Ship To CITY OF DELRAY BEACH CITY OF DELRAY BEACH 434 S. SWINTON AVE ATTN: TONY DELRAY BEACH,FL 33444 434 S. SWINTON AVE DELRAY BEACH,FL 33444 Item Description Qty Rate Total "Vendor acknowledges that this purchase order is pursuant to the City of Sunrise contract#11(06)-01-01-01-19 W and that the City shall have all the terms and benefits therein." INSTALL REMOVE EXISTING GUN LOCK FROM VEHICLE. 12 99.00 1,188.00 INSTALL CUSTOMER PROVIDED BLAC RACK ONTO EXISTING PARTITION VERTICALLY. WIRE BLAC RACK USING EXISTING WIRING FROM OLD MOUNT. THIS PRICING ASSUMES THE VEHICLE HAS AN EXISTING GUN LOCK AND THAT THE CUSTOMER PROVIDES THE PROPER BLAC RACK AND MOUNTING HARDWARE TO FIT THE APPLICATION. IF FABRICATION OF BRACKETRY OR COMPONENTS IS NECESSARY THERE MAY BE AN ADDITIONAL CHARGE. INSTALL **FOR 5 IMPALAS THAT DO NOT HAVE ANY GUN LOCK INSTALLED** 5 185.00 925.00 INSTALL CUSTOMER PROVIDED BLAC RACK ONTO EXISTING PARTITION VERTICALLY. WIRE BLAC RACK WITH NEW WIRE TO EXISTING SIREN UNIT.REPROGRAM SIREN IF NECESSARY WITH TIMER FEATURE.IF VEHICLE DOES NOT HAVE AN EXISTING SIREN,WE WILL INSTALL A GUN LOCK RELEASE BUTTON WITH A TIMER. IF FABRICATION OF BRACKETRY OR COMPONENTS IS NECESSARY THERE MAY BE AN ADDITIONAL CHARGE. Please call in advance for an appointment. Subtotal $2,113.00 Any questions please call 954-946-9955 0 Sales Tax (6.0%) $0.00 Signature Total $2,113.00 Phone# Fax# E-mail Web Site 954-946-9955 954-946-9677 SALES @S TROBES-R-US.NET WWW.STROBES-R-US.NET Newly Purchased Vehicle Purchase Installation Other/Additional or Existing M 1 New Lockbox Yes n/a P 2 New Lockbox Yes n/a a 3 New Lockbox Yes n/a s 4 New Lockbox Yes n/a 5 Existing Lockbox Yes n/a n M 6 Existing Lockbox Yes n/a 7 Existing Lockbox Yes n/a k 8 Existing Lockbox Yes n/a e a 9 Existing Lockbox Yes n/a E 10 New Command Box Yes n/a X 11 New Command Box Yes n/a p 12 New Command Box Yes n/a I 0 13 New Command Box Yes n/a r 14 New Command Box Yes n/a e 15 New Command Box Yes n/a r 16 New Command Box Yes n/a S 17 New Command Box Yes n/a s 18 Existing n/a Yes Old racks removal W 19 Existing n/a Yes Old racks removal A 20 Existing n/a Yes Old racks removal T 21 Existing n/a Yes Old racks removal U 22 Existing n/a Yes Old racks removal n 23 Existing n/a Yes Old racks removal i 24 Existing n/a Yes Old racks removal t 25 Existing n/a Yes Old racks removal S 26 Existing n/a Yes Old racks removal 27 Existing n/a Yes Old racks removal v 28 Existing n/a Yes Old racks removal e 29 Existing n/a Yes Old racks removal h 30 Existing n/a Yes n/a i C 31 Existing n/a Yes n/a 1 32 Existing n/a Yes n/a e 33 Existing n/a Yes n/a S 1 34 Existing I n/a Yes I n/a SUNRISE, FLORIDA RESOLUTION NO. 11-57 A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA TO AWARD BID NO. 11 (06) 01-01-01-- 19-W FOR OUTFITTING OF POLICE VEHICLES TO STROBES-R-US, INC. OF POMPANO BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNRISE, FLORIDA: Section 1 . Bid No. 11 (06) 01-01-01-19--W for Outfitting of Police Vehicles (Lighting & Accessories) is hereby awarded to Strobes-R-Us, Inc. of Pompano Beach, Florida. Section 2 . The Purchasing Director or designee is hereby authorized to renew, amend or extend this bid, in accordance with the terms of the bid. Section 3 . Effective Date. This Resolution shall be effective immediately upon its passage. PASSED AND ADOPTED THIS 12TH DAY OF APRIL, 2011 . Mayor Mic J. an SRMRG0404 C11096 RESOLUTION NO. 11-57 Authentication: ,mg !IAA-" Fei+ei-ft Bra Ale rd As�,] • City Clerk MOTION: ROSEN SECOND: ALU ALU: YEA ROSEN: YEA SCUOTTO: YEA SOFIELD: YEA RYAN: YEA Approved by the City Attorney as to Form and Legal Sufficiency. Stuart R. i.chelson SRMRG0404 2 C11096 RESOLUTION NO. 11--57 CITY OF CENTRAL SERVICES DEPARTMENT �� Phone: (954) 572-2274 Purchasing Division Fax: (954) 572-2278 January 2, 2014 Strobes—R-Us Mr. Tom Hanina, President 2681 Hammondville Rd. Pompano Beach, FL 33060 Re: Bid No, 11(06)-01-01-01-19-W Bid Title: Outfitting Police Vehicles (Lighting and Accessories) Dear Mr. Hanina, The initial contract period for the above referenced contract will expire on April 11, 2014. The Bid contains a provision that allows the City to renew the initial contract for one, additional one (1) year optional renewal period under the same terms, conditions and specifications. The City wishes to exercise the final renewal option for the period from April 12, 2014 through April 11, 2015. Please sign, date and return this notice to fax number 954-572-2778 and mail the hard copy to the City of Sunrise, Purchasing Division 1601 NW 136 Ave., Building A, Suite 101, Sunrise, FL 33323, if l can be of further assistance, please do not hesitate to contact me at 954-572-2485. Sincerely, —64 �Zulltl Wendy Lorenzo, CPPB Purchasing Specialist We hereby acknowledge that the above c ntract is renewed for one year commencing, April 12, 2014 through April 11, 20 Signature: ice' 10770 West Oakland Park Boulevard • Sunrise, Florida 33351 Outfitting of Police Vehicles (Lighting&Accessories) INVITATION FOR BID CITY OF�� S�vRIsE F L O R I D A PURCHASING DIVISION Mailing Address: 10770 West Oakland Park Blvd. Sunrise, Florida 33351 Bid Data Bid Number: 11(06)-01-01-01-19-W Service or Commodity Title: Outfitting of Police Vehicles (Lighting and Accessories) Purchasing Agent: Wendy Lorenzo Phone: (954) 572-2485 Fax : (954)572-2278 Bid Opening Day/Date: Friday,March 11,2011 Time: 2:00 p.m. Physical Location: City Hall Office of the City Clerk—Fourth Floor 10770 West Oakland Park Blvd. Sunrise,FL 33351 Bid Contents Section 1: Specifications/Scope of Work Section 2: Bidders Questionnaire Section 3 Instructions to Bidders Section 4: Terms and General Conditions Section 5: Bid Submission Check List Section 6: Bid Submission Package NOTE: If not submitting a bid,fill out and return the"Statement of No Bid"Form of this document. SPECIAL ACCOMMODATION: In accordance with the Americans with Disabilities Act,any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled pre-bid conference or bid opening should contact the Purchasing Division(954-572-2274),at least five(5)days prior to the event to advise of his/her special requirements. Revised 2.10 Page 1 Outfitting of Police Vehicles (Lighting&Accessories) SECTION 1 —SCOPE OF WORK AND SPECIFICATIONS Purpose: The City of Sunrise is seeking bids from qualified bidders to establish an open-end agreement for providing and installing law enforcement lighting and accessories as required on police vehicles for the City of Sunrise,in accordance with the terms, conditions and specifications included in this bid. The number and type of vehicles requiring installation of this equipment will vary from year to year so there is no guarantee of minimum quantities. This year it is anticipated that the City will purchase the following 2011 vehicles: Fifteen MARKED vehicles (patrol units) to include the following: 7 - Chevrolet Caprice 7 - Dodge Charger 1 —Chevy Tahoe Three UNMARKED vehicles (administration units) to include the following: 2 —Chevrolet Impalas 1- Dodge Charger In addition: 1 —Chevrolet Express Cargo Van 1 —Ford Escape 2 —Ford E-150 Club Wagons Requirements: This Bid Sheet is divided into six groups. Each group includes items typically required for outfitting on each type of vehicle specified. Prices bid for each item in these groups are to include the cost of the equipment, installation, and any related transportation or shipping charges. The City is also requesting a discount off published list price for the balance of line for the manufacturer's listed in this bid. This information is required given that there may be ancillary items required for certain vehicles which are not included in any of the itemized groups, 1- 6. The City requires the vendors to submit an hourly rate for installation of ancillary items. If ancillary items are required by the City, the awarded vendor will provide a quote to the City for approval which shows the list price of the part,with the applicable discount and the number of hours required to complete the installation. The hourly rate given in the space provided on the bid sheet will be applicable. The City shall not pay travel time. The City shall only pay the hourly rate commencing when the Contractor begins the work and ending when the work is complete. Award Criteria: This bid will be awarded on a total bid basis to the lowest responsive, responsible bidder for Groups 1 through 6 (pages 17 thru 30). All items in each group must be bid to be considered for award. The awarded vendor will be an authorized dealer or distributor and service agent for the products quoted. The % discounts off the manufacturers published list prices for the balance of their product lines (page 30) and the hourly rate for installation of ancillary items Revised 2.10 Page 2 Outfitting of Police Vehicles (Lighting&Accessories) required by the City will not be considered as part of the award criteria but will be awarded to the lowest priced responsive, responsible vendor for the total of Groups 1-6. 1. Installation of equipment is a requirement of the bid and purchases will be made through the submitting bidder who must be an authorized dealer or distributor of parts and service for the equipment provided. 2. The awarded vendor must have a secure facility located within Broward or Dade County area at which the installations will be provided as required by the City of Sunrise Police Department. The City reserves the right to inspect the facilities of any submitting vendor prior to award and the awarded vendor's facility at any reasonable time throughout the duration of the contract. 3. The awarded vendor shall be open during normal business hours from, 9:00 am until 5:00pm, Monday through Friday, excluding holidays or week-ends. 4. The awarded vendor must be able to receive vehicles directly from the delivering dealer. Inspection of vehicles delivered directly to the awarded vendor's facility by the dealer, must be inspected and accepted by the designated City of Sunrise representative, prior to commencement of outfitting the vehicle by the awarded vendor. 5. Once the outfitting of a vehicle is completed, the awarded vendor will notify the City of Sunrise designee for the Police Department or other City authorized agent to arrange for inspection prior to delivery. Should the work performed not be to the satisfaction of the Sunrise Police Department, it shall be redone by the awarded vendor at no additional charge. 6. The awarded vendor must provide and maintain insurance as outlined in this bid document throughout the entire contract term and be capable of delivering the completed, outfitted vehicle to the City of Sunrise. No additional costs may be added for transportation. The City of Sunrise vehicles must not be driven off the awarded vendor's facility unless being delivered to the City of Sunrise. 7. The City of Sunrise reserves the right to reject any equipment or part which he/she may deem unsuitable for use. 8. Warranty services will be performed within 72 hours by vendor when equipment is available. 9. No substitutions of approved brand names or part numbers (unless old part numbers has been discontinued and replaced with new part number). 10. The City will provide the awarded vendor programming instructions and diagrams for wiring of sirens and lights. Revised 2.10 Page 3 BID TITLE: Outfitting of Police Vehicles (Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SECTION 2—BIDDER QUESTIONAIRE Bidders should indicate below,the ability to complete a minimum of(1) vehicle per day Monday through Friday, 9:00am- 5:00pm. Time of delivery may be extended for a specific period when the cause of such delay is beyond the control of the successful bidder and is given to the City immediately upon knowledge of impending delay. Vehicles per day: per day Bidders should indicate below,that the bidder as an authorized dealer and service representative of products supplied,warrants the material, equipment and work provided under this contract for a preferred period of five years from date of completion. Warranty for Parts & Labor: years Certificates as an authorized sales and service company for products bid: 0 Yes ONo (Must be provided within three days from request by the City of Sunrise) Provide a list of those persons who will have a management position working with the City,if you are awarded the bid. The person(s)listed will be those from your firm contacted by authorized City personnel as required. Name Name Provide location(s) of your facility(s)located in Broward or Dade County Business is licensed(unless exempt by applicable law) permitted or certified to do business in the State of Florida 0 Yes ONo Broward County 0 Yes ONo Dade County 0 Yes ONo Number of years your organization has been in business in Florida How many permanent full time employees are employed by your firm? Authorized Signature: Title [Type text] Page 4 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SECTION 3 - INSTRUCTIONS TO BIDDERS BIDDERS: TO INSURE ACCEPTANCE OF THE BID, THE FOLLOWING INSTRUCTIONS MUST BE ADHERED TO: This Request for Bid is to provide and install law enforcement lighting and equipment as required in police vehicles for the City of Sunrise.After receipt of an offer and acceptance by the City Commission or designee,commodities or services will be provided as indicated below: The City will send an award letter notifying the Bidder of acceptance of their Bid by the City Commission or designee specifying duration of the Contract with extension periods if any,and the method of ordering. Purchase order(s)will be issued for work to be performed. 3.1 HOW TO SUBMIT A BID All bids must be submitted in sealed envelopes, and mailed to Office of the City Clerk, Fourth Floor, City of Sunrise, 10770 West Oakland Park Blvd., Sunrise, and Florida 33351. The bid number and bid title must be plainly marked on the outside of the envelope. It will be the sole responsibility of the Bidder to ensure that the bid reaches the office of the City Clerk on or before the opening time and date shown on the Invitation for Bid Cover (Page 1). No bids will be received, accepted, or considered after said time and date, unless the City, in its sole discretion reasonably exercised,elects to extend the time for submission and receipt of bids. Any request for an extension of time necessitated by an unforeseen emergency should be made prior to the Bid Opening and directed to the Purchasing Director/Designee,City of Sunrise(954) 572-2274. TELEGRAPHIC OR FAXED BIDS WILL NOT BE ACCEPTED 3.2 THE BID PACKAGE The bid package consists of Specifications,Additional Requirements,Attachments, Instructions to the Bidders,Terms and General Conditions,and the following Schedules: Schedule"A" -Bid Sheet&Certification Schedule"B" -Non-Collusion Affidavit Schedule"C" -Bidder's Drug Free Statement Schedule"D" -Bidder's Qualification Statement Schedule"E" -Warranty Information Form(If Applicable) Schedule"F"-Insurance&License Requirements Schedule "G"- Statement of No Bid Section 6, "Bid Submission Package", and any other required documents must be returned in order for the bid to be considered for award. The Bidder should submit an original — clearly marked as original-and two (2)photocopies (all collated) of their bid. All Bids are subject to the conditions specified herein. All bids received will be read into the record and may be rejected for noncompliance to requirements after a full review by the Purchasing Division. 3.3 INQUIRIES, ADDENDA AND MODIFICATIONS The Bidder must direct any inquiries on the specifications, additional requirements, attachments, terms and general conditions or instructions, in writing, either via U.S. Mail or Fax, to the individual named on Page 1 at the Purchasing Division, City of Sunrise, 10770 West Oakland Park Blvd, Sunrise, Florida, 33351, Fax No. (954) 572-2278. All inquiries must be received by the Purchasing Division no later than 12:00 p.m., seven(7)calendar days prior to the Bid opening. [Type text] Page S BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W Any addenda or other modifications to the Documents will be made in writing, and issued by the City, prior to the time and date of Bid Opening. Such written addenda or modifications shall be part of the Documents and shall be binding upon each Bidder.No verbal addenda or modifications shall be allowed nor shall any Bidder rely upon any verbal addenda or modifications in preparing or submitting its bid. 3.4 EXECUTION OF BID Bid must contain an original signature of an authorized representative of the company in the spaces provided. Failure to sign the bid shall invalidate it, and it will not be accepted. All bids must be completed in ink or typewritten. No erasures are permitted. If a correction is necessary, the bidder should draw a single line through the entered figure and enter the corrected figure above it. Corrections should be initialed by the person signing the bid, or a duly authorized representative of the firm submitting bid. Any illegible entries,pencil bids or corrections not initialed may not be accepted. Only corrections that show the clear intent of the bidder, in the sole discretion of the City of Sunrise,will be accepted. 3.5 NO BID If not submitting a bid,respond by returning the "STATEMENT OF NO BID" Schedule G of this Invitation for Bid. Repeated failure to respond without sufficient justification may be cause from removal of a Bidder's name from future solicitations. 3.6 PRE-BID CONFERENCE Not applicable for this bid. 3.7 PRICES BID List both the unit price and the extended total, if applicable. Prices must be stated in the units specified on the Bid Sheet. In case of a discrepancy in computing the amount of the bid between the unit price bid and the extended total,the unit price will govern. When bids are awarded on the basis of Lump Sum, if there is a discrepancy between the written and numeric amount,the written amount prevails. 3.8 F.O.B. POINT All bid prices shall be F.O.B. destination freight prepaid and delivered by Vendor to the City's specified location(s). 3.9 BID VALIDITY All bids shall remain valid for ninety(90)days after the time of bid opening.After this time period the Bidder may request the Bid be withdrawn. 3.10 DELIVERY/COMPLETION TIME/RESPONSE TIME Installation and delivery to the City of accessorized vehicles will be mutally agreed upon between the awarded vendor and the City of Sunrise designated authorized Police Department representative. Delivery of a completed vehicle should be within one day once all required equipment is available for installation. The delivery of the goods and /or services within the time specified is of the essence in this procurement. The City shall have the right to cancel any or all items(s) without obligation if delivery is not made on or before the time(s) specified. In the event Vendor fails to make timely shipment, City shall have the right to purchase elsewhere and unless they delay was caused by [Type text] Page 6 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W unforeseen circumstances beyond Vendor's control, Vendor shall reimburse City for any additional charges incurred. 3.11 WARRANTIES /GUARANTEES Vendor warrants that the materials,goods, services and/or workmanship furnished and/or delivered pursuant to the Purchase Order shall: Conform in all respects to the description,drawings and specifications contained in this Bid Be merchantable and fit for the ordinary purpose for which such goods are used or intended to be used Be new and unused, of good quality and free from defects whether latent or patent in material or workmanship Be free from any security interests, liens or encumbrances. Vendor warrants that it has good and marketable title to the goods delivered There is no infringement upon or violation of any copyrights or patent rights Minimum warranty, including parts and labor shall be no less than the manufacturers' warranty. The Bidder shall furnish required warranty information on products bid within three (3) days from request by the Purchasing Division. If requested,the Bidder is to complete Schedule "E". 3.12 ESTIMATED QUANTITIES Estimated quantities represent a reasonable approximation of the number of units of each type or number of hours of item the City expects to purchase during a twelve (12) month period. Note: the estimated quantities do not constitute a guaranteed minimum order. 3.13 ADDITIONAL QUANTITIES/BALANCE OF LINE The City reserves the right to buy additional quantities,if required,at the unit price quoted herein. Bidder must indicate in the space provided on the Bid Sheet, page 30, the percentage (%) off the current published list price of each manufacturer's product line for the balance of their product line. The percentage off will be applicable to items that are not specifically noted in Groups 1 thru 6. The vendor is also required to indicate their hourly rate for installation. This is the labor rate to be charged per hour for installation of ancillary items that may be required by the City. 3.14 FAMILIARITY WITH LAWS The Bidder should be familiar with all federal, state, and local laws, ordinances, codes, rules, and regulations that may in any way affect this bid. Lack of knowledge on the part of the Bidder shall in no way relieve them from responsibility. 3.15 BRAND NAMES/APPROVED EQUALS Whenever a material, article or piece of equipment is identified in the bid package, including drawings, plans, specifications and reference to manufacturers' or Bidders' name, trade name, catalog number, or otherwise, it is intended merely to establish a standard unless it is followed by words indicating that no substitution is permitted because of form, fit, function or quality. Any material, article or equipment of other manufacturers and Bidders which will perform or serve the requirements of the general design will be considered equally acceptable provided the material [Type text] Page 7 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W article or equipment so proposed is, equal in substance, quality and function. However, if a product other than the specified is bid, it is the Bidder's responsibility to name such a product within their bid and to prove to the City that said product is equal to that specified and to submit brochures, samples and/or specifications in detail on item(s) bid. However, the City shall be the sole judge as to whether or not the submitted product is equal in substance, quality and function, and its decision shall be final. If the bidder does not indicate an alternate is being bid and identify the alternate,the Vendor must deliver the specified item identified in the Bid. 3.16 PAST PROBLEMS ON PRIOR CONTRACTS/LITIGATION The Bidder shall disclose any pending or anticipated litigation between the Bidder and any other party or parties that might affect the performance of this Contract. Such litigation must be indicated on Schedule D. When the Bidder or a proposed sub-Contractor has previously worked for the City and has received complaints from the City or has been involved in disputes with the City about the work, the Bidder should submit with their bid an explanation of what, if anything, the Bidder has done or will do to avoid similar problems in the future. This explanation must deal specifically with the problems involved on the prior Contract and any organizational, operational or other changes which have been or will be implemented. If, in the sole judgment of the City,the Bidder has failed to provide an adequate plan to ensure that the Contractual dispute previously experienced by the City will not recur, the City reserves the right to reject the bid submitted by that Bidder. 3.17 BASIS OF AWARD The City reserves the right to reject any and all bids, to waive any irregularity in bids received, to accept any item or group of items, unless qualified by the Bidder. The City reserves the right before recommending any award to inspect the Bidders' facilities or take any other action necessary to determine a Bidder's ability to perform in accordance with the specification, terms and conditions of the Invitation for Bid. Award will be made on a Total Bid basis to the lowest responsive and responsible Bidder for Groups 1 thru 6. In the event no Bidder bids all items in each group, the City may award on a group by group or item by item basis. The City requires that the vendor(as authorized dealers for product lines listed)submit minimum percentage discounts off manufacturers list prices of equipment offered. If no discount is available for certain manufacturers' lines, 0% should be listed in the space provided. No spaces for discounts should be left blank. In addition the City requires the submitting vendor to include an hourly rate for installation of ancillary items from those manufacturers' lines as the City may purchase items other than those specifically listed in Group 1 through 6, contained in this bid document. These discounts and hourly rates will not be considered in the award criteria but will be awarded to the low responsive,responsible bidder of Group 1 through Group 6. In the event the successful bid is terminated or cancelled for any reason,the City reserves the right to make an award to the next lowest responsive and responsible Bidder, or re-bid the entire Contract or any part thereof,whichever is in the best interest of the City. 3.18 COST LIABILITY The Bidder shall bear all costs associated with submitting the Bid, including preparation, site visitation or any travel connected with submittal of the Bid. 3.19 CONTENTS OF BID/PUBLIC RECORDS Any material submitted in response to this Bid will become a public record pursuant to Chapter [Type text] Page 8 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 119, Florida Statutes. This includes material, which the Bidder might consider to be confidential, or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07 of the Florida Statutes. 3.20 INVESTIGATIONS OF CONDITIONS AFFECTING OPERATIONS Before submitting a Bid, each Bidder shall make all investigations and examinations necessary to ascertain conditions and requirements of the Bid. Failure to make investigations and examinations shall not relieve the successful Bidder from the obligation to comply in every detail with all provisions and requirements of the Bid nor shall it be a basis for any claim whatsoever for alteration in any term of or payment required by the Purchase Order or any subsequent Contract. 3.21 CONE OF SILENCE This solicitation falls under the City of Sunrise Ordinance 486 known as the "Cone of Silence". After a Bid is opened or a Short List is established for a Request for Qualifications or Request for Proposal, a Vendor or a Vendor's representative as defined in the Ordinance, may not seek information or clarification or in any way contact any Official or employee of the City concerning this solicitation with the exception of the City Attorney, the Purchasing Director or an individual specifically designated in this document for dissemination of information. A copy of any written communication concerning this solicitation shall be filed with the Purchasing Division and shall be made available to the public upon request. A violation of the "Cone of Silence" renders any award voidable at the sole discretion of the City Commission and may subject the potential Vendor or Vendor's representative to debarment in accordance with the City Code of Ordinances. Nothing in the Ordinance prevents a Vendor or Vendor's representative from taking part in a public meeting concerning the solicitation. SECTION 4 - TERMS AND GENERAL CONDITIONS 4.1 INDEMNIFICATION Bidder shall indemnify and hold harmless CITY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Bidder and persons employed or utilized by Bidder in the performance of this Contract. This indemnification shall survive the term of this Contract. 4.2 INSURANCE REQUIREMENTS Bidder agrees to maintain,on a primary basis and at its sole expense, at all times during the life of any resulting contract the following insurance coverages, limits,including endorsements described herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by Bidder is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Bidder under any resulting contract. Commercial General Liability Bidder agrees to maintain Commercial General Liability at a limit of liability not less than$500,000 Each Occurrence, $1,000,000 Annual Aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Business Automobile Liability Bidder agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event Bidder does not own automobiles, Bidder [Type text] Page 9 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Worker's Compensation Insurance & Employers Liability Bidder agrees to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440. Additional Insured The Bidder agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following, or similar endorsement providing equal or broader Additional Insured coverage, the CG 2026 07 04 Additional Insured—Designated Person or Organization endorsement; or the CG2010 10 01 Additional Insured — Owners, Lessees, or Contractors or GC2010 07 04 Owners, Lessees, or Contractors endorsement, including the additional endorsement of GC2037 10 01 Additional Insured—Owners, Lessees, or Contractors— Completed Operations shall be required to provide back coverage for the contractor's "your work" as defined in the policy and liability arising out of the products-completed operations hazard. The Additional Insured shall read: "City of Sunrise." Gamekeeper's Legal Liability Garagekeeper's Legal Liability shall have minimum limits of$100,000 per occurrence against Comprehensive and Collision/Upset causes of loss. When a per vehicle sublimit applies, the minimum sublimit shall be $50,000 per vehicle providing physical damage legal liability for the same causes of loss above on any vehicle while in tow. Any per vehicle or per occurrence deductible shall be the contractor's responsibility. A Garage Liability coverage form shall be considered a similar form in satisfying the Commercial General Liability and Business Auto Liability insurance requirements. Waiver of Subrogation Bidder agrees by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Bidder to enter into an pre-loss agreement to waive subrogation without an endorsement, then Bidder agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy,which includes a condition specifically prohibiting such an endorsement, or voids coverage should Bidder enter into such an agreement on a pre-loss basis. Certificate(s) of Insurance Bidder agrees to provide City a Certificate(s) of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect. Said Certificate(s)of Insurance shall include a minimum thirty(30) day endeavor to notify due to cancellation or non-renewal of coverage. The Certificate Holder address shall read: City of Sunrise Attn: Purchasing Director Purchasing Division 1601 NW 136 Ave.,Bldg A, Ste 101 Sunrise,FL 33323 Umbrella or Excess Liability Bidder may satisfy the minimum liability limits required above for Commercial General Liability or Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest "Each [Type text] Page 10 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W Occurrence" limit for either Commercial General Liability or Business Auto Liability. Bidder agrees to endorse City as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a "Follow- Form"basis. Rip-ht to Revise or Reject City reserves the right,but not the obligation,to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the criteria stated herein. Additionally, City reserves the right, but not the obligation, to review and reject any insurer providing coverage due of its poor financial condition or failure to operating legally. 4.3 PATENTS AND ROYALTIES The Bidder, without exception, shall indemnify and save harmless the City of Sunrise and its employees from liability of any kind including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process or article of manufacture lot any article used in the performance of the Contract, including its use by the Purchaser. If the Bidder uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed, and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design,device or materials in any way involved in the work. 4.4 INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL The initial Contract period shall be for two (2) years, commencing on date of award. In addition, the City reserves the right to renew the Contract for two (2) additional one (1)year periods, under the same terms,conditions and specifications contingent upon Budget/Commission approval. 4.5 CONTRACT CONTINUITY/TRANSITIONAL PERIOD In the event the services are scheduled to end either by Contract expiration or by termination by the City of Sunrise (at the City's discretion),the Bidder shall continue the services, if requested by the City,until new services can be completely operational. At no time shall this transitional period extend more than one hundred eighty (180) days beyond the expiration date of the existing Contract. The Bidder will be reimbursed for this service at the rate in effect when this transitional period clause is invoked by the City. 4.6 CONTRACTS OVERLAPPING FISCAL YEARS: The City's fiscal year begins October 1 and ends September 30 of the following calendar year. When a Contract's terms extends beyond the fiscal year in which the Contract commences, the City will issue a new Purchase Order to cover its needs for the balance of the fiscal year and a new purchase order will be issued to correspond with the remaining months of the Contract that extends into the next fiscal year. Issuance of a new Purchase Order shall be subject to the availability of budgeted funds. 4.7 TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS Purchaser is a bona fide governmental entity of the State of Florida with Purchaser's fiscal year ending on September 30 of each calendar year. If Purchaser does not appropriate sufficient funds to purchase the quantities required under this Agreement for any of the Purchaser's fiscal years subsequent to the one in which the Agreement is executed and entered into, then this Agreement shall be terminated effective upon expiration of the fiscal year in which sufficient funds to continue satisfaction of Purchaser's obligation under this Agreement were last appropriated by Purchaser and Purchaser shall not, in this sole event be obligated to make any further purchases beyond said fiscal year. [Type text] Page 11 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 4.8 TERMINATION FOR DEFAULT The City may,by written notice,immediately terminate this Purchase Order, in whole or in part, if the Vendor fails to satisfactorily perform any provisions of this Purchase Order, or fails to make progress so as to endanger performance under the terms and conditions of this contract. 4.9 TERMINATION FOR CONVENIENCE This Contract may be terminated by the City without cause upon thirty (30) days written notice to the Vendor. In the event of such a termination without cause,the Vendor shall be compensated for all services performed to the City's satisfaction, together with reimbursable expenses incurred. In such event, the Vendor shall promptly submit to the City its invoice for final payment and reimbursement under the terms of this Contract. 4.10 TERMS RELATING TO PRICE Unless otherwise noted by the City, all prices shall be firm through the period of the Contract or purchase order and shall not be subject to increase. In the event of a manufacturer's or Vendor's price decrease during the Contract period, the City shall receive the full benefit of such price reduction on any undelivered goods or services on an existing purchase order and on any subsequent order placed during the Contract period. The Director of Purchasing must be notified in writing of any price reduction within five (5) days of the effective date. Failure to report price reductions may result in cancellation of Contract for cause, pursuant to these Terms and Conditions. In the event of a manufacturer's price increase during the Contract period, the Vendor shall submit proof from the manufacturer of said increase,and the City may accept the price increase at the time of Contract renewal, or terminate or re-bid the Contract, in whole, or in part, whichever is in the best interest of the City. The cost of all services as bid herein shall remain firm for the initial two-year term of the Contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year or, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept of Labor whichever is less. The yearly increase, or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the Contract year then in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least sixty(60) days prior to the Contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the Contract. In the event the CPI or industry costs decline, the City shall have the right to receive, from the Vendor, a reasonable reduction in costs that reflect such cost changes in the industry. The City may, after examination, 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 Contract may be cancelled by the City upon giving thirty(30)days written notice to the Vendor. [Type text] Page 12 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 4.11 SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES The Vendor shall not sell,transfer or assign the performance required by this bid without the prior written consent of the City. Any Award issued pursuant to this bid and the monies which may become due hereunder are not assignable,except with the prior written approval of the City. 4.12 PAYMENT/BILLING INSTRUCTIONS Payment will be made by the City after the items or services awarded have been, received, inspected, found to comply with award specifications, are free of damage or defect and are properly invoiced. Invoices, unless otherwise indicated, must show Purchase Order Number and shall be submitted in duplicate to: CITY OF SUNRISE, Finance Department 10770 West Oakland Park Blvd. Sunrise,FL 33351 Payment will be made within 30 days after delivery, authorized inspection and acceptance. The City is exempt from Federal and State Taxes for tangible personal property. The City will provide an exemption certificate to the Vendor upon request. The Vendor is not exempt from paying sales tax to the suppliers for materials to fulfill Contractual obligations with the City, nor is Vendor authorized to use the City's tax exemption Number in securing such materials. 4.13 COMPLIANCE WITH STATE OF FLORIDA CRIME ENTITY Please be informed that pursuant to Section 287.133(2) (a),Florida Statutes, "A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a bid or proposal on a Contract to provide any goods or services to the City, may not submit a bid on a Contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a Bidder, supplier, sub-Bidder, or consultant under a Contract with the City, and may not transact business with the City in excess of the threshold amount provided in 5.287.017 for CATEGORY TWO for a period of thirty-six (36)months from the date of being placed on the convicted Bidder list." The submission of a bid shall constitute an affirmative representation of the Bidder to the City that the Bidder is aware of the Statute and in full compliance thereof. 4.14 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT If applicable, Vendor certifies that all material, equipment, etc. contained in the bid meets all O.S.H.A. requirements. Bidder further certifies that if he/she is the successful Bidder, and the material, equipment, etc., delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by Vendor. 4.15 MATERIAL SAFETY DATA SHEETS (MSDS) In compliance with Chapter 442, Florida Statutes when applicable, any item delivered from a Contract resulting from this proposal must be accompanied by a Material Safety Data Sheet (MSDS), if applicable. The MSDS must include the following information: (a) The chemical [Type text] Page 13 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W name and the common name of the toxic substance. (b)The hazards or other risks in the use of the toxic substances, including: 1)The potential for fire, explosion,corrosivity and reactivity; 2) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3)The primary routes of entry and symptoms of overexposure. (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. (d)The emergency procedure for spills, fire,disposal and first aid. (e)A description in lay terms of the known specific potential health risks posed by the toxic substances intended to alert any person reading this information. (f)The year and month,if available,that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. 4.16 VENUE Any Contract resulting from this bid shall be governed by the laws of the State of Florida. Should the Parties be involved in legal action arising under,or connected to this Agreement, except as set forth in Paragraph 4.1, each party will be responsible for their own attorney's fees and costs. The venue for any litigation will be Broward County, Florida. Both Parties agree to waive a jury trial,and will proceed to trial by judge if necessary. 4.17 INVESTIGATION OF CONDITIONS AFFECTING OPERATIONS Before submitting a Bid, each Bidder shall make all investigations and examinations necessary to ascertain conditions and requirements of the Bid. Failure to make investigations and examinations shall not relieve the successful Bidder from the obligation to comply in every detail with all provisions and requirements of the Bid nor shall it be a basis for any claim whatsoever for alteration in any term of or payment required by the Purchase Order or any subsequent Contract. [Type text] Page 14 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SECTION 5 - BID SUBMISSION CHECK LIST COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. Carefully read the SPECIFICATIONS. 2. Complete the BIDDER QUESTIONNAIRE (Page 4) and include with Bid Submittal. 3. Properly fill out the BID SHEET and CERTIFICATION PAGE (Schedule "A"). 4. Fill out and sign the NON-COLLUSION AFFIDAVIT (Schedule "B") and have it properly notarized. 5. Sign the VENDOR DRUG FREE STATEMENT (Schedule "C"). 6. Fill out the VENDOR QUALIFICATION STATEMENT (Schedule "D"), if required. 7. Include EXHIBITS OR WARRANTIES (Schedule "E"), if required. 8. CHECK THE INSURANCE and LICENSE requirements to be sure that you will comply, and submit evidence of insurance and copies of licenses, if required, with your bid (Schedule "F"). 9. Complete STATEMENT OF NO BID (Schedule "G"), if applicable. 10. Clearly mark the BID NUMBER AND BID NAME on the outside of your envelope. 11. Submit ONE(1) ORIGINAL AND TWO (2)PHOTOCOPIES of your bid. 12. Make sure your BID is submitted prior to the deadline. Late Bids will not be accepted. FAILURE TO PROVIDE THE REQUESTED SCHEDULES MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. [Type text] Page 1S BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SECTION 6—BID SUBMISSION PACKAGE SCHEDULE "A" CITY OF SUNRISE BID SHEET & CERTIFICATION ALL BIDS SHALL REMAIN VALID FOR NINETY (90)DAYS AFTER BID OPENING Group 1 (Items 1 through 16)—STANDARD EQUIPMENT FOR A MARKED PATROL VEHICLE - CROWN VICTORIA Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 1 Whelen Liberty LED light bar, minimum 49" long : blue/blue, take down/LED, alley/LED or Equal. This must be premium version bar with 108 LED count minimum. Mfg. Offered: Model Offered: 2 1 Whelen I00watt flat speaker with vehicle specific mounting bracket or Equal Mfg. Offered: Model Offered: 3 1 Whelen siren system 295SLSA6 OR Equal Mfg. Offered: Model Offered: 4 1 Whelen"Howler" low tone Siren & Speaker system to include two speakers or Equal Mfr. Offered: Model Offered: 5 1 Whelen Vertex Single, 4 clear, 2 (set of six red or Equal. Six per car. per car) Mfr. Offered: Model Offered: 16 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 6 1 Whelen L1NZ6 all blue for grill (pair of with"L" mounting bracket or two per Equal. Lighthead must have a car) minimum diode count of 6. Mfr. Offered: Model Offered: 7 1 Whelen Avenger Rear Deck blue/ (pair of /blue (if Crown Vic) or Equal two per Mfg. Offered: car) Model Offered: 8 1 Whelen Single Avenger Blue for (pair of rear deck or Equal. Light to two per include anti flash shield. car) Mfg. Offered: Model Offered: 9 1 EA Solid State Headlight Flasher with vehicle specific plug or Equal Mfr. Offered: Model Offered: 10 1 EA Whelen super LED spotlight bulb or Equal Mfr. Offered: Model Offered: 11 1 EA Setina Partition(cage) 1/2 lexan, 1/z vinyl coated metal screen or Equal. Partition must also include full underseat extension panel. Mfr. Offered: Model Offered: 12 1 EA Laguna Rear Seat with cross-over seat belts (for Ford, Chevy and Dodge) or Equal Mfr. Offered: Model Offered: 17 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 14 1 EA Havis Shield(no substitutes) console with microphone clip, arm rest. Cup holders, 3-12V plug outlets, face plates, laptop arm and holder, light arm for laptop. Model Offered: 15 1 D & R Electronics rear window (one pair bars or Equal. One pair of two per of two car) per car) Mfr Offered: Model Offered: TOTAL BID OFFER FOR GROUP 1 (ITEMS 1-15): $ CROWN VICTORIA (Written Amount) Group 2 (Items 1 through 15)— STANDARD EQUIPMENT FOR A MARKED PATROL VEHICLE - CHEVROLET CAPRICE (Qty 7) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 7 Whelen Liberty LED light bar, minimum 49" long, blue/blue, take down/LED, alley/LED or Equal. This must be premium version bar with 108 LED count minimum. Mfg. Offered: Model Offered: 2 7 Whelen flat 100 watt speaker and vehicle specific mounting bracket or Equal Mfg. Offered: Model Offered: 3 7 Whelen siren 295SLSA6 OR Equal Mfg. Offered: Model Offered: 18 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 4 7 Whelen"Howler" low tone Siren & Speaker system or Equal. Must include two speakers. Mfr. Offered: Model Offered: 5 7 Whelen Vertex Single, 4 clear, 2 (six per red or Equal. Six per car. car) Mfr. Offered: Model Offered: 6 7 Whelen L1NZ6 all blue for grill (two per with mounting brackets or Equal. car) two per car. Mfr. Offered: Model Offered: 7 7 Whelen Single Avenger Blue (if (two per Chevy or Dodge) for rear deck or car) Equal Mfg. Offered: Model Offered: 8 7 Solid State Headlight Flasher with vehicle specific plug or Equal Mfr. Offered: Model Offered: 9 7 EA Whelen super LED spotlight bulb or Equal Mfr. Offered: Model Offered: 10 7 EA Setina Partition(cage) 1/2 lexan, 1/z vinyl coated metal screen or Equal. Partition must also include full underseat extension panel. Mfr. Offered: Model Offered: 11 7 EA Laguna Rear Seat with cross-over seat belts (for Ford, Chevy and Dodge) or Equal Mfr. Offered: Model Offered: 19 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 12\ 7 EA Tremco Anti-Theft with floor bubble type activation switch or Equal. Mfr. Offered: Model Offered: 13 7 EA Havis Shield(no substitutes) console with microphone clip, arm rest. Cup holders, 3-12V plug outlets, face plates, laptop arm and holder, light arm for laptop. Model No: 14 7 EA D &R Electronics rear window (one pair bars or Equal. of two Mfr Offered: per car) Model Offered: TOTAL BID OFFER FOR GROUP 2 (ITEMS 1-14): $ MARKED CHEVROLET CAPRICE (Written Amount) Group 3 (Items 1 through 16)— STANDARD EQUIPMENT FOR A MARKED PATROL VEHICLE —DODGE CHARGER(Qty 7) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 7 EA Whelen Liberty LED light bar, minimum 49" long , blue/blue, take down/LED, alley/LED or Equal. This must be the premium version bar with 108 LED count minimum. Mfg. Offered: Model Offered: 2 7 EA Whelen 100 watt flat speaker with vehicle specific mounting bracket or Equal Mfg. Offered: Model Offered: 20 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 3 7 EA Whelen siren 295SLSA6 OR Equal Mfg. Offered: Model Offered: 4 7 EA Whelen"Howler" Low Tone Siren & Speaker system or Equal. Must include two speakers. Mfr. Offered: Model Offered: 5 7 EA Whelen Vertex Single, 2 clear, 2 (four per red or Equal. Four per car. car) Mfr. Offered: Model Offered: 6 7 EA Whelen L1NZ6 all blue for grill, (two per clear lens, with"L" mounting per car) bracket or Equal. Two per car. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: Model Offered: 7 7 EA Whelen Single Avenger Blue for (two per rear deck or Equal. Light must car) include anti flash shield. Mfg. Offered: Model Offered: 8 7 EA Solid State Headlight Flasher with vehicle specific plug or Equal Mfr. Offered: Model Offered: 9 7 PR Whelen 4" round LED lighthead. (two per for Dodge Charger. Clear lens with car) blue LED's. Must include mounting bracket for Dodge Charger. 10 7 EA Whelen super LED spotlight bulb or Equal Mfr. Offered: Model Offered: 21 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 11 7 EA Setina Partition(cage) '/2 lexan, '/z vinyl coated metal screen or Equal. Partition must include full underseat extension panel. Partition must be side curtain airbag compatible. Mfr. Offered: Model Offered: 12 7 EA Laguna Rear Seat with cross-over seat belts (for Ford, Chevy and Dodge) or Equal Mfr. Offered: Model Offered: 13 7 EA Tremco Anti-Theft with floor bubble activation switch. Mfr. Offered: Model Offered: 14 7 EA Havis Shield(no substitutes) console with microphone clip, arm rest. Cup holders, 3-12V plug outlets, face plates, laptop arm and holder, light arm for laptop. Model No. 15 7 EA D &R Electronics rear window (two per bars or Equal. car) Mfr Offered: Model Offered: TOTAL BID OFFER FOR GROUP 3 (ITEMS 1-15): $ MARKED DODGE CHARGER (Written Amount) 22 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W Group 4 (Items 1 through 16)— STANDARD EQUIPMENT FOR A MARKED K-9 UNIT— CHEVY TAHOE (Qty 1) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 1 EA Whelen front upper split Inner Edge for Chevy Tahoe or Equal. Must be all blue LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED takedown lights. (forward facing) Mfg. Offered: Model Offered: 2 1 EA Whelen rear lower Inner Edge for Chevy Tahoe. Must be blue LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. (rear facing) Mfg. Offered: Model Offered: 3 1 EA Sound-Off Signal Predator 2 (two per blue/blue LED with clear lenses or car) Equal . Two per car Mfg. Offered: Model Offered: 4 1 EA Whelen 4" round LED lighthead. (two per for Chevy Tahoe. Clear lens with car) blue LED's. Must include mounting bracket for Chevy Tahoe. Mfr. Offered: Model Offered: 23 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W Whelen super LED spotlight bulb 5 1 EA or Equal Mfr. Offered: Model Offered: 6 1 EA White Vertex LED , four per car (four per car) Mfr. Offered: Model Offered: 7 1 EA Red Vertex LED, two per car (two per car) Mfr. Offered: Model Offered: 8 1 EA Solid state wig wag Mfr. Offered: Model Offered: 9 1 EA Whelen LINZ6 blue (4 for running (six per boards, 2for license bracket with vehicle) mounting brackets)blue LEDs, clear lens or Equal. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: Model Offered: 10 1 EA Tremco Anti-Theft with floor bubble activation switch. Mfr. Offered: Model Offered: 11 1 EA Whelen siren 295SLSA6 OR Equal Mfg. Offered: Model Offered: 12 1 EA Whelen"Howler" Low Tone Siren & Speaker system or Equal. Must include two speakers. Mfr. Offered: Model Offered: 24 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 13 1 EA Havis Shield(no substitutes) console with microphone clip, arm rest. Cup holders, 3-12V plug outlets, face plates, laptop arm and holder, light arm for laptop. Model No. 14 1 EA Whelen Linear—LED Blue with (2 per car) clear lenses for left and right mirror 15 1 EA Whelen 100 watt flat speaker with vehicle specific mounting bracket or Equal Mfg. Offered: Model Offered: 16 1 EA Tutbox or Truckvault container with combination lock for AR-15 Rifle or Equal Mfr. Offered: Model Offered: TOTAL BID OFFER FOR GROUP 4 (ITEMS 1-16): $ MARKED K-9 UNIT - CHEVROLET TAHOE (Written Amount) Group 5 (Items 1 through 10)— STANDARD EQUIPMENT FOR UNMARKED VEHICLE —DODGE CHARGER(Qty 1) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 1 EA Whelen front upper split inner edge for Charger or Equal. Must be all blue LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED takedown lights. (forward facing) Mfg. Offered: Model Offered: 25 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 2 1 EA Whelen 6-LED Inner-Edge all blue light bar(rear facing) or Equal for Dodge Charger. Must be blue LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. Mfg. Offered: Model Offered: 3 1 EA Sound-Off Signal Predator 2 (two per blue/blue LED with clear lenses or car) Equal . Two per car Mfg. Offered: Model Offered: 4 6 EA Whelen Vertex single, 2 clear, 2 (four per red . car) Mfr. Offered: Model Offered: 5 1 EA Whelen LINZ6 blue (2 for grill, 2 (four per for license plate with mounting car) brackets)blue leds, clear lens or Equal. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: Model Offered: 6 1 EA Whelen 4" round LED lighthead. (One pair for Dodge Charger. Clear lens with of two per blue LED's. Must include car) mounting bracket for Dodge Charger. Mfr. Offered: Model Offered: 7 1 EA Solid State headlight flasher with vehicle specific plug or Equal Mfg. Offered: Model Offered: 26 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 8 1 EA Whelen hand-held siren HHS2200 or Equal Mfr. Offered: Model Offered: 9 1 EA Whelen Siren Speaker with mounting bracket or Equal Mfr. Offered: Model Offered: 10 1 EA Tuflock lock box with combination lock for AR-15 Rifle or Equal Mfr. Offered: Model Offered: TOTAL BID OFFER FOR GROUP 5 (ITEMS 1-10): $ UNMARKED DODGE CHARGER (Written Amount) Group 6 (Items 1 through 10)— STANDARD EQUIPMENT FOR UNMARKED VEHICLE —CHEVY IMPALA (Qty 2) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 2 EA Whelen front upper split Inner Edge if available. Must be all blue LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED takedown lights. (forward facing) Mfg. Offered: Model Offered: 27 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 2 2 EA Whelen rear lower Inner Edge if available for Chevy Impala or Equal. Blue LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. (rear facing) Mfg. Offered: Model Offered: 3 2 EA Sound-Off Signal Predator 2 (one pair) blue/blue LED or Equal . Blue LED's clear lenses. Two per car Mfg. Offered: Model Offered: 4 6 EA Whelen Vertex single, 4 clear, 2 (six per red car) Mfr. Offered: Model Offered: 5 4 EA Whelen LINZ6 blue LED with (four per clear lease (2 for grill, 2 for license car) plate bracket with mounting brackets) or Equal. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: Model Offered: 7 1 EA Solid State headlight flasher with vehicle specific plug or Equal Mfg. Offered: Model Offered: 8 1 EA Whelen hand-held siren HHS2200 or Equal Mfr. Offered: Model Offered: 9 1 EA Whelen Siren Speaker with mounting bracket or Equal Mfr. Offered: Model Offered: 28 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 10 1 EA Tuflock lock box with combination lock for AR-15 Rifle or Equal Mfr. Offered: Model Offered: TOTAL BID OFFER FOR GROUP 6 (ITEMS 1-10): $ UNMARKED CHEVY IMPALA (Written Amount) Vendor shall indicate an HOURLY RATE for installation of ancillary items from the manufacturers listed below as required by the City of Sunrise. HOURLY RATE: Vendor shall indicate on the following portion of the bid sheet the% discount off of the published list prices for the balance of line for each manufacturer listed. If no discount is available for certain manufacturers' lines, 0% should be listed in the space provided. No spaces for discounts should be left blank. PUBLISHED DATE EXPIRATION PERCENTAGE MANUFACTURER OF LIST PRICES DATE OF DISCOUNT CURRENT OFFERED PUBLISHED LIST PRICE Whelen Engineering 860-526-9504 Sound-Off Signal 800-338-7337 Jotto Desk 877-455-6886 Pro-Gard Products 800-480-6680 Havis, Inc. 800-524-9900 Radiotronics Inc. 561-746-0935 Setina Manufacturing 800-426-2627 Installation and Delivery to the City of accessorized vehicles will be mutually agreed upon between the awarded vendor and the City of Sunrise designated authorized Police Department representative. 29 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W If applicable,would you extend the prices bid herein to other municipalities?Award of bid is not contingent upon concurrence with this offer to other municipalities. Yes: No: ADDENDUM RECEIPT Bidder shall acknowledge below the receipt of any and all addenda,if any,by listing the Addenda No. and date of issuance. ADDENDUM NO: /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE Vendor Name Name of Authorized Person I, the undersigned hereby agree to furnish the items and/or services described in this Invitation for Bid. I certify that I have read the entire document, including the Specifications, Requirements, Terms & Conditions and Schedules,and agree to furnish the items and services under the requirements of the Bid. I also certify that this Bid is submitted without prior understanding, agreement, or connection with any corporation, firm or person submitting a Request for Submittal for the same materials, services, and supplies and is in all respects fair and without collusion or fraud. The Respondent certifies by his/her signature that the person signing this Certification is authorized to bind the firm by their signature. Company Name: Address City State Zip Phone# Fax# E-Mail Signature: Title Printed Name: FEID or Social Security No. SOCIAL SECURITY NUMBER COLLECTION DISCLOSURE STATEMENT Please be advised that pursuant to Section 119.071(5) (a) 2.a., Florida Statutes, the City of Sunrise ("City") discloses that the City requests your social security number for the purpose of payroll eligibility verification, processing employment benefits, income reporting, tax reporting, background checks on employee applicants, advisory board applicants and other City program volunteers. Social security numbers are also used as a unique numeric identifier and may be used for search purposes. 30 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SCHEDULE "B" CITY OF SUNRISE NON-COLLUSION AFFIDAVIT This affidavit is to be filled in,executed and notarized by the Bidder. If the bid is made by a Corporation, then it should be executed by its Chief Officer. This document MUST be submitted with the bid. STATE OF ) ) SS COUNTY OF ) being first duly sworn, deposes and says that (Type or print name of person who is signing below) 1. He/she is the (Owner, Partner, Officer, Representative or Agent) of the Bidder that has submitted the attached Bid. 2. He/she is fully informed with respect to the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. 3. Said bid is made without any connection or common interest in the profits with any other persons making any bid or proposal for the said commodities/services. Said bid is on our part in all respects fair and without collusion or fraud. 4. No head of any department,any employee or any officer of the City of Sunrise is directly or indirectly interested therein. If any relatives are employed by the City,indicate name and relationship below. Name: Relationship: Name: Relationship: Company Name: Bidders' Authorized Signature: Subscribed and sworn to before me this day of , 20 Notary Public (Print, Type or Stamp name of Notary Public) Personally known or Produced I.D. Type and number of I.D. Produced: Did take an oath, or Did not take an oath 31 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SCHEDULE "C" CITY OF SUNRISE VENDOR DRUG -FREE STATEMENT Preference may be given to Vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL SUBMISSIONS -Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids, proposals or replies which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or Contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied Vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or Contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the 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 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. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Vendor complies fully with the above requirements. I hereby certify that the company submitting this proposal has established a Drug Free work place program in accordance with State Statute 287.087 VENDOR'S SIGNATURE 32 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W COMPANY'S NAME SCHEDULE "D" CITY OF SUNRISE VENDOR QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address: Street City State Zip Code Telephone:) Fax:( ) E-Mail: How many years has your organization been in business under its present name? Yrs If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: Under what former names has your business operated? At what address was that business located? Are You Licensed? Yes No If Yes,ATTACH COPY OF LICENSE Has your company or its senior officers ever declared bankruptcy? Yes No If yes,explain: Are you a sales representative, distributor, broker, manufacturer of the commodities/services bid upon? Have you ever received a Contract or a Purchase Order from the City of Sunrise or other government entity?Yes No If Yes,explain(date,service/project,bid title,etc.) Have you ever received a complaint on a Contract or bid awarded to you by any government entity? Yes No if yes,explain: Have you ever been debarred or suspended from doing business with any government entity? Yes No If Yes,explain Please identify each incident within the last five (5) years where a civil, criminal, administrative, other similar proceeding was filed or is pending; if such proceeding arises from or is a dispute concerning the Consultant's rights, remedies or duties under a Contract for the same or similar type services to be provided under this Bid: 33 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SCHEDULE "D" (Continued) REFERENCES: List all pertinent government agencies for whom you have provided similar services , within the past three (3)years: Agency/Firm Name: Agency/Firm Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Phone: Phone: Fax: Fax: Contact: Contact: Agency/Firm Name: Agency/Firm Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Phone: Phone: Fax: Fax: Contact: Contact: Agency/Firm Name: Agency/Firm Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Phone: Phone: Fax: Fax: Contact: Contact: Agency/Firm Name: Agency/Firm Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Phone: Phone: Fax: Fax: Contact: Contact: YOUR COMPANY NAME ADDRESS PHONE: FAX: 34 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SCHEDULE "E" CITY OF SUNRISE WARRANTY INFORMATION FORM ALL BLANKS SHOULD BE FILLED IN AND SUBMITTED WITH BID MINIMUM WARRANTY SHALL BE AS SPECIFIED HEREIN MAKE AND MODEL OF ITEM PROPOSED: DOES WARRANTY APPLY TO ENTIRE PACKAGE OR ONLY TO SPECIFIC PARTS? (State Explicitly) DOES WARRANTY INCLUDE LABOR FOR REPLACEMENT OF DEFECTIVE PARTS? YES NO WARRANTY PERIOD FOR PARTS REPLACEMENT WHO WILL PROVIDE LABOR,AND WHERE, IN THE EVENT OF FAILURE WITHIN WARRANTY PERIOD? TELEPHONE: FAX: NEAREST SOURCE TO THE CITY OF SUNRISE FOR PARTS AND SERVICE AFTER WARRANTY PERIOD: TELEPHONE: FAX: A COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: YES NO NAME OF BIDDER: SIGNATURE AND TITLE: TELEPHONE: FAX: DATE: 35 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SCHEDULE "F" CITY OF SUNRISE PROOF OF INSURANCE & REQUIRED LICENSES ATTENTION BIDDER: ATTACH TO SCHEDULE"F" PROOF OF INSURANCE AS SPECIFIED HEREIN, AND COPIES OF LICENSES, IF REQUIRED. NOTE: Only the successful Bidder shall be required to provide a Certificate of Insurance naming the City of Sunrise as additional insured. 36 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SCHEDULE "G" CITY OF SUNRISE STATEMENT OF NO BID NOTE: If you do not intend to bid on this solicitation,please return this form immediately.Failure to return this form may result in your name being removed from the list of qualified Bidders for the City of Sunrise.Please indicate bid name and number on the outside of the envelope. Thank you. MAIL TO: CITY OF SUNRISE 10770 W. OAKLAND PARK BLVD. SUNRISE,FL 33351 ATTN: CITY CLERK'S OFFICE We,the undersigned have declined to bid for the following reason: Specification too "tight," i.e.,geared toward one brand or manufacturer only(explain below). Insufficient time to respond to the Invitation for 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. Specification unclear(explain below). Other(specify below). REMARKS: COMPANY NAME: SIGNATURE: ADDRESS: CITY: STATE: ZIP: TELEPHONE NUMBER: FAX NUMBER: E Mail 37 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SECTION 5 - BID SUBMISSION CHECK LIST COMPANY NAME: (Please Print): e6 s Phone: ' _('s Phone: - Fax: _ BEFORE SUBMITTING YOUR BID MAKE SURE YOU... L Carefully read the SPECIFICATIONS. 2. Complete the BIDDER QUESTIONNAIRE (Page 4) and include with Bid Submittal. 3. Properly fill out the BID SHEET and CERTIFICATION PAGE (Schedule 4. Fill out and sign the NON-COLLUSION AFFIDAVIT (Schedule "B") and have it Properly notarized. 5. Sign the VENDOR DRUG FREE STATEMENT(Schedule "C"). 6. Fill out the VENDOR QUALIFICATION STATEMENT (Schedule "D"), if required. 7. Include EXHIBITS OR WARRANTIES (Schedule "E"), if required. 8. CHECK THE INSURANCE and LICENSE requirements to be sure that you will comply, and submit evidence of insurance and copies of licenses, if required, with your bid (Schedule "F"). 9. Complete STATEMENT OF NO BID (Schedule "G"), if applicable. 10. Clearly mark the BID NUMBER AND BID NAME on the outside of your envelope. 11. Submit ONE (1) ORIGINAL AND TWO (2)PHOTOCOPIES of your bid. 12. Make sure your BID is submitted prior to .the deadline. Late Bids Will not be accepted. FAILURE TO PROVIDE THE' REQUESTED SCHEDULES MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. [Type text] Page 15 j I BID TITLE: Outfitting of Police Vehicles (Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SECTION 5 - BID SUBMISSION CHECK LIST COMPANY NAME: (Please Print): ({ es Phone: - Fax: _ BEFORE SUBMITTING YOUR BID MAKE SURE YOU... L Carefully read the SPECIFICATIONS. 2. Complete the BIDDER QUESTIONNAIRE (Page 4) and include with Bid Submittal. 3. Properly fill out the BID SHEET and CERTIFICATION PAGE (Schedule "A"). 4. Fill out and sign the NON-COLLUSION AFFIDAVIT (Schedule "B") and have it properly notarized. 5. Sign the VENDOR DRUG FREE STATEMENT(Schedule "C"). 6. Fill out the VENDOR QUALIFICATION STATEMENT (Schedule "D"), if required. 7. Include EXHIBITS OR WARRANTIES (Schedule "E"), if required. 8. CHECK THE INSURANCE and LICENSE requirements to be sure that you will comply, and submit evidence of insurance and copies of licenses, if required, with your bid (Schedule "F"). 9. Complete STATEMENT OF NO BID (Schedule "G"), if applicable. 10. Clearly mark the BID NUMBER AND BID NAME on the outside of your envelope. 11. Submit ONE (1) ORIGINAL AND TWO (2)PHOTOCOPIES of your bid. 12. Make sure your BID is submitted prior to .the deadline. Late Bids will not be accepted. FAILURE TO PROVIDE THE' REQUESTED SCHEDULES MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. [Type text] Page 15 r BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-w SECTION 6—BID SUBMISSION PACKAGE SCHEDULE "A" CITY OF SUNRISE BID SHEET & CERTIFICATION ALL BIDS SHALL REMAIN VALID FOR NINETY(90)DAYS AFTER BID OPENING Group 1 (Items 1 through 16)—STANDARD EQUIPMENT FOR A MARKET) PATROL VEHICLE - CROWN VICTORIA Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Q Installation 1 1 Whelen Liberty LED light bar, minimum 49"long : blue/blue, jig take dowwLED, alley/LED or Equal. This must be premium version bar with 108 LED count minimum. Mfg. Offered: (,,cl�e 1 eO Model Offered: 2 1 Whelen 100watt flat speaker with vehicle specific mounting bracket J or Equal Mfg. Offered: _LJ h of Pn Model Offered: SA. �' A k I 3 1 Whelen siren system 295SLSA6 OR Equal 3 Mfg. Offered: �C71 Model Offered: .'�,9 75/-e 4 1 Whelen"Howler" low tone Siren A-99. & Speaker system to include two speakers or Equal Mfr. Offered: _ Model Offered: �b�j)I e f- 5 1 Whelen Vertex Single, 4 clear, 2 (set of six red or Equal. Six per c Al/ per car) Mfr. Offered: �,e C t� Model Offered: 16 t BID TITLE: Outfitting of Police Vehicles(Lighting-&-ACcessoriq� ro%B D NUMBER: 11(06)-01-01-01-19-W 7 6 1 Whelen L1NZ6 all blue for grill (pair of with"L"mounting bracket or 18 7 two per Equal. Lighthead must have a car) minimum diode count f 6. Mfr. Offered: Model Offered: L I Z6 4� KT� 7 1 Whelen Avenger Rear Deck blue/ '/ (pair of /blue (if Crown Vic) or Equal L Qj two per Mfg. Offered: `/Na car) Model Offe ed: t. 1 h P h a► �� 8 1 Whelen Single AveQer Blue for G (pair of rear deck or Equal. Light to two per include anti flash shield. car) Mfg. Offered: lV j Model Offered: he Pr l 9 1 EA Solid ate Headligh lasher with vehicle specific plug or Equal Mfr. Offered:L jJ h E�I t'/) Model Offered: 5S F p0SCg T11 Whelen super LED spotlight bulb or Equal t 5(i Mfr. Offered: -'hel ems_ Model Offered: p�6SLG Setina Partition(cage) Y2 lexan, %2 vinyl coated metal screen or Equal. �� Partition must also include full / underseat extension panel. Mfr. Offered: P ) C--CA CC) Model Offered: Fo-p 12 1 EA Laguna Rear Seat with cross-over seat belts (for Ford, Chevy and Dodge) or Equal I Mfr. Offered: 1.,.4 k , � Model Offered:x P S �,L- fi 17 r BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 14 1 EA Havis Shield (no substitutes) console with microphone clip, arm rest. Cup holders, 3-12V plug p<c'-ro N.-l i 1 CCU n s J-1 e outlets, face plates, laptop arm and C—7-C9_I s n d holder,light arm for laptop. -30ci(?- Model Offered: - *-)'4 -S v �,, G r�m 4441 � C � ._ 15 1 D &R Electronics rear window (one pair bars or Equal. One pair of two per of two car) I per car) Mfr Offered: 2 Model Offered: TOTAL BID OFFER FOR GROUP 1 (ITEMS 1-15): $ ./ �a�-� a �`c, CROWN VIC ORIA f v-Q- (Written Amount) Group 2 (Items 1 through 15)-STANDARD EQUIPMENT FOR A MARKED PATROL VEHICLE - CHEVROLET CAPRICE (Qty 7) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty- Installation 1 7 Whelen Liberty LED light bar, minimum 49"long,blue/blue, take down/LED, alley/LED or Equal. This must be premium version bar with 108 LED count minimum. Mfg. Offered: U J h e(e ri Model Offered: t ri Ja 2 7 Whelen flat 100 watt speaker and vehicle specific mounting bracket or Equal Mfg. Offered: �1 Model Offered: S A-3 (� J- 5 3 7 Whelen siren 295SLSA6 OR Equal Mfg. Offered: 1,j kh e>11 en � 5 Model Offered: SL-S 18 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11`(06)-01-01-01-19-W 4 7 Whelen"Howler" low tone Siren 0y ' & Speaker system or Equal. Must ! 9J include two speakers. Mfr. Offered: �� n Model Offered: 5 7 Whelen Vertex Single, 4 clear, 2 (six per red or Equal. Six per car. car) Mfr. Offered: h el(f n Model Offered: 6 7 Whelen L1NZ6 all blue for grill (two per with mounting brackets or Equal. a car) two per car. Mfr. Offered: -.cjk e I e n Model Offered: L 1 Al2_"1 + R iI 7 7 Whelen Single Avenger Blue (if (two per Chevy or Dodge) for rear deck or car) Equal Mfg. Offered: Model Offered: 4 VA/.1 _A 8 7 Solid State Headlight i—asher wi vehicle specific plug or Equal - Mfr. Offered: L,,he I�0 Model Offered: 9 7 EA Whelen super LED spotlight bulb or Equal 11� 3 Mfr. Offered: Wh t l 5Y7 Model Offered: p a6 5 L t, 10 7 EA Setina Partition(cage) %2 lexan, 1/2 vinyl coated metal screen or Equal. � s Partition must also include full underseat extension panel. Mfr. Offered: Model Offered: ��)�; j I A} "N S F'wcc 1 I 11 7 EA Laguna Rear Seat with cross-over seat belts (for Ford, Chevy and L Dodge) or Equa�-) Mfr. Offered: a r Model Offered: . CC 11 Urxk PS' 00 i' fy4,C19 s Arc - BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 12\ 7 EA Tremco Anti-Theft with floor bubble type activation switch or ago Equal. Mfr. Offered: l rCMCO Model Offered: 13 7 EA Havis Shield(no substitutes) console with microphone clip, arm 6'q rest. Cup holders, 3-12V plug To em uj,I 1 outlets, face plates, laptop arm and ,no-- b ell holder, light arm for laptop. ct uq►Iabl e ljn)A Model No: a ppx 14 7 EA D &R Electronics rear window (one pair bars or Equal. n , of two Mfr Offered: K per car) Model Offered: W —CAPj TOTAL BID OFFER FOR GROUP 2 (ITEMS 1-14): $ , ("Ur-15 MARKED CHEVROLET CAPRI E �r'� n » lvle) L',-P,'vf (Written Amount) Group 3 (Items 1 through 16)-STANDARD EQUIPMENT FOR A MARKED PATROL VEHICLE—DODGE CHARGER(Qty 7) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. QtY. Installation 1 7 EA Whelen Liberty LED light bar, minimum 49"long , blue/blue,take down/LED, alley/LED or Equal. This must be the premium version bar with 108 LED count minimum. Mfg. Offered: Model Offered: Lbe}-1 jp)� 2 7 EA Whelen 100 watt flat speaker with vehicle specific mounting bracket V/ or Equal Mfg. Offered: 6( ),cn Model Offered: f 1< 20 T a BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 3 7 EA Whelen siren 295SLSA6 OR Equal Mfg. Offered: We e- en 375 Model Offered: A01 Z LS A 4 7 EA Whelen"Howler"Low Tone Siren & Speaker system or Equal. Must 5 _ 3675 include two speakers. Mfr. Offered:C 1 C'n Model Offered: )4c,u.)(� 5 7 EA Whelen Vertex Single, 2 clear, 2 (four per red or Equal. Four per car. car) Mfr. Offered: W� den Model Offered: VT.X. 6 7 EA Whelen L1NZ6 all blue for grill, (two per clear lens,with"L"mounting 1 per car) bracket or Equal. Two per car. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: u1 el en Model Offered: L,l V Z A 7 7 EA Whelen Single Avenger Blue for i �� (two per rear deck or Equal. Light must car) include anti flash shield. Mfg. Offered: Wh 2l et l Model Offered -V 8 7 EA Solid State HeadlikM Flasher wifh vehicle specific plug or Equal Mfr. Offered: (,(�-,e) Model Offered: �_)TT F a j,5,0,* 9 7 PR Whelen 4"round LED lighthead. (two per for Dodge Charger. Clear lens with car) blue LED's. Must include mounting bracket for Dodge Charger. 10 7 EA Whelen super LED spotlight bulb l or Equal J / Mfr. Offered: to h G Ae n Model Offered: -? 5 LC 21 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 11 7 EA Setina Partition(cage) Y2 lexan, '/2 vinyl coated metal screen or Equal. 5 `1 Partition must include full _ li underseat extension panel. Partition must be side curtain airbag compatibl C� ( Mfr. Offered: -(c�r Model Offered: C i l S E56c, i ( -w 12 7 EA Laguna Rear Seat with cross-over seat belts (for Ford, Chevy and -- Dodge) or Equal Mfr. Offered: �Q Model Offered ths L __F 7 EA Tremco Anti-Theft with floor bubble activation switch. Mfr. Offered: r C� Model Offered: TE&eMC Gj 14 7 EA Havis Shield (no substitutes) console with microphone clip, arm 659 "7 L� ('J 13 rest. Cup holders, 3-12V plug ,„s- 0-G� , ( � coosalc ^r)�� holder,outlets, face plates, laptop arm and -rc 15-7 = ��zJ' 8r� .2090-q , light arm for laptop. c - I-M 4a_5 Gam' Model No. <-r- 15 7 EA D &R Electronics rear window V r ✓ 0 v� (two per bars or Equal. —9�' car) Mfr Offered: —Model Offered: We-G TOTAL BID OFFER FOR GROUP 3 (ITEMS 1-15): $3 U ' MARKED DOD E CHARGER er (Written Amount) 22 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W Group 4 (Items 1 through 16)—STANDARD EQUIPMENT FOR A MARKED K-9 UNIT— CHEVY TAHOE (Qty 1) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Qty. Installation 1 1 EA Whelen front upper split Inner Edge for Chevy Tahoe or Equal. 70 q 79�� Must be all blue LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED takedown lights. (forward facing) Mfg. Offered: Model Offered:,' �U 2 1 EA Whelen rear lower Inner Edge for �5 C, Chevy Tahoe. Must be blue LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. (rear facing) Mfg. Offered: C.J W etel Model Offered: `1"A p P6 3 1 EA Sound-Off Signal Predator 2 (two per blue/blue LED with clear lenses or "1 car) Equal . Two per car Mfg. Offered: c°'en Model Offered: aite,fin it Le 4 1 EA Whelen 4"round LED lighthead. (two per for Chevy Tahoe. Clear lens with _ car) blue LED's. Must include mounting bracket for Chevy Tahoe. Mfr. Offered: CAJ�I Model Offered: 23 • _ &Accessories) BID " ;.11(06)-01 701 9 W Whelen super LED spotlight bulb / 5 1 EA or Equal Mfr. Offered: Model Offered: 14 St c, 6 1 EA White Vertex LED , four per car (four per (� car) Mfr. Offered: &A 1 ,ek Model Offered: 7 1 EA Red Vertex LED, two per car (two per i O car) Mfr. Offered: CI cv) Model Offered: 8 1 EA Solid state wig wag Mfr. Offered: eil Model Offered: _S.S F P 6 S 1 C 9 TeeWhelen LINZ6 blue (4 for running boards, Nor license bracket with mounting brackets) blue LEDs, clear lens or Equal. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: wlqe� eo Model Offered: —I-� 10 1 EA Tremco Anti-Theft with floor bubble activation switch. 1 a� Mfr. Offered: _ I W r4Co Model Offered: `-1�— MCn�, 11 1 EA Whelen siren 295SLSA6 OR Equal 3 _,75— Mfg. Offered: Model Offered: 12 1 EA Whelen"Howler"Low Tone Siren & Speaker system or Equal. Must g include two speakers. — Mfr. Offered: bJ�j e � (f�j Model Offered: , G� 24 t BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 13 1 EA Havis Shield (no substitutes) console with microphone clip, arm 699 rest. Cup holders, 3-12V plug -''rn�+'-�►� -�'` rl 6or Phi ice. outlets, face plates, laptop arm and G up do er holder, light arm for laptop. - " Zn•s a c p+�G g rho ►Grrr Model No. -3�gv'`1 °ray 14 1 EA Whelen Linear—LED Blue with (2 per car) clear lenses for left and right mirror en 5v 15 1 EA Whelen 100 watt flat speaker with vehicle specific mounting bracket "I or Equal Mfg. Offered: �j j Model Offered: e 16 1 EA Tufbox or Truckvault container � 17 �.., with combination lock for AR-15 _ Rifle or Equal ,► C,504 60 Mfr. Offered:— l oy let' '1i Model Offered: 26—Q&7 TOTAL BID OFFER FOR GROUP 4 (ITEMS 1-16): $ q 10 c� co- NLARKED,K-9 UNIT - CHEVROLET TA OE z J r� (Written Amount) Group 5 (Items 1 through 10)—STANDARD EQUIPMENT FOR UNMARKED VEHICLE —DODGE CHARGER(Qty 1) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit Cost with Extended Total No. Q • Installation 1 1 EA Whelen front upper split inner edge -7q9 qq for Charger or Equal. Must be all blue LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED tak7jel,7 hts. (forward facing) Mfg. Offered: Model Offered: TZO 7Ur f" 25 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 2 1 EA Whelen 6-LED Inner-Edge all blue light bar(rear facing) or Equal for Dodge Charger. Must be blue LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. Mfg. Offered: CU f 1 l°n Model Offered: X71 P.6i- 3 1 EA Sound-Off Signal Predator 2 (two per blue/blue LED with clear lenses or car) Equal . Two per car Mfg. Offered: W h P. I en Model Offered: 0,Q -13 e PeA 4 EA Whelen Vertex single, 2 clear, 2 (four per red . I _ 31c) car) Mfr. Offered: Model Offered: VIX 60 5 1 EA Whelen LINZ6 blue (2 for grill, 2 9 q 39q (four per for license plate with mounting car) brackets) blue leds, clear lens or Equal. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: Model Offered: en _ "'f"' r c 6 1 EA Whelen 4"Wund LED lighthead. (One pair for Dodge Charger. Clear lens with of two per blue LED's. Must include car) mounting bracket for Dodge Charger. ll Mfr. Offered: LO h €'If 0 Model Offered: Fe rk'_ :3C 7 1 EA Solid State headlight flasher with vehicle specific plu or E ual Mfg. Offered: � Model Offered: (> F (5d, 26 t � i BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: I](06)-01-01-01-19-W 8 1 EA Whelen hand-held siren IMS2200 or Equal 9 Mfr. Offered: S a� Model Offered: e �'►� 9 1 EA Whelen Siren Speaker with / mounting bracket or Equal Mfr. Offered: C/-) 6 e,� Model Offered: �� 7 10 1 EA Tuflock lock box with combination lock for AR-15 Rifle or Equal 73 Mfr. Offered: I Cam- I b(� C Model Offered: TOTAL BID OFFER FOR GROUP 5 (ITEMS 1-10): UNMARKED DODGE CHARGER (Written Amount) Group 6 (Items 1 through 10)—STANDARD EQUIPMENT FOR UNMARKED VEHICLE —CHEVY IMPALA (Qty 2) Price quoted for each item listed will be the installed price, inclusive of all costs. Item Estimated Description Unit.Cost with Extended Total No. Qty. Installation 1 2 EA Whelen front upper split Inner Edge if available. Must be all blue q �l LED's with clear lenses. Unit is comprised of 8 super LED pods each containing 6 LED diodes and 2 white LED takedown lights. (forward facing) � nII Mfg. Offered: Ujgj(00 j Model Offered: 7 U 27 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 2 2 EA Whelen rear lower Inner Edge if available for Chevy Impala or Equal. Blue LED's with clear lenses. Model must be comprised of 6 super LED pods each containing 6 LED diodes. (rear facing) Mfg. Offered: Model Offered: 7E0 A LP,6 L 3 2 EA Sound-Off Signal Predator 2 CL�-- (one pair) blue/blue LED or Equal . Blue LED's clear lenses. Two per car Mfg. Offered: ' ) et-7 4v. hod bC°� Model Offered: / 4 fu, EA Whelen V rtex single, 4 clear, 2 (six per red car) ��\L Mfr. Offered: Model Offered: 117X40 9 5 EA Whelen LINZ6 blue LED with (four per clear lense(2 for grill, 2 for license car) plate bracket with mounting brackets) or Equal. Lighthead must have a minimum LED diode count of 6. Mfr. Offered: tA i° P r7 Model Offered: L 1 10 z 6 ma c_ 9 r i . 7 1 EA Solid State headlight flasher with vehicle specific plug or qual Mfg.'Offered: e_4 Model Offered: IJ ti _ 8 1 EA Whelen hand-held siren HHS2200 or Equal )r 5 n w Mfr. Offered: /7 Model Offered: �r 9 1 EA Whelen Siren Speaker with J t j mounting bracket or Equ ] "6 Y Mfr. Offered: e, Model Offered: S,68 l 28 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W 10 1 EA Tuflock lock box with combination yq- Mfr.lock for AR-15 Rifle or E ual Offered: j Lock Model Offered: tignT.,.e5 tl-10-rc C®n ' yo TOTAL BID OFFER FOR GROUP 6 (ITEMS 1-10): $ 3 a on A,',3 SeCT , POIC UNMARKED CHEVY IMPALA nr 01) �ee �vPa o G v rn xt i c�, (Written Amount) Vendor shall indicate an HOURLY RATE for installation of ancillary items from the n listed below as required by the City of Sunrise. HOURLY RATE: qfD ,7 Vendor shall indicate on the following portion of the bid sheet the % discount off of thi q prices for the balance of line for each manufacturer listed. If no discount is available manufacturers' lines,0% should be listed in the space provided. No spaces for discoui left blank. PUBLISHED DATE EXPIRATION PERCENTAGE MANUFACTURER OF LIST PRICES DATE OF DISCOUNT CURRENT OFFERED PUBLISHED LIST PRICE Whelen Engineering 860-526-9504 /WWq all b 113_ 011/ Y Sound-Off Signal 800-338-7337 aDll ®/lob 0/,�t- Jotto Desk 877-455-6886 0//SOD� STiu- GuaD P - x 1944-1-10/1) /C Pro-Gard Products 800-480-6680 Q l/ a©f Havis, Inc. l CCam�,, Ad,�� 800-524-9900 (7(n l d l� ! / 111 /C Fr�i �; !i�Jr;u�+ Radiotronics Inc. nn 561-746-0935 Setina Manufacturing 800-426-2627 0�/0 Installation and Delivery to the City of accessorized vehicles will be mutually agreed upon between the awarded vendor and the City of Sunrise designated authorized Police Department representative. 29 I i BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-w If applicable,would you extend the prices bid herein to other municipalities?Award of bid is not contingent upon concurrence with this offer to other municipalities. Yes: X No: ADDENDUM RECEIPT Bidder shall acknowledge below the receipt of any and all addenda, if any, by listin e Addenda No. and date of issuance. IVs. 1:5;0 �e� `LIm C),, , ' � e a S 0 P' 3 ADDENDUM NO: /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE i M66 5 - --u cxyn /26)1 //q Vendor Name Name of Authorized Person 1, the undersigned hereby agree to furnish the items and/or services described in this Invitation for Bid. I certify that I have read the entire document, including the Specifications, Requirements, Terms & Conditions and Schedules, and agree to furnish the items and services under the requirements of the Bid. I also certify that this Bid is submitted without prior understanding, agreement, or connection with any corporation, firm or person submitting a Request for Submittal for the same materials, services, and supplies and is in all respects fair and without collusion or fraud. The Respondent certifies by his/her signature that the person signing this Certification is authorized to bind the firm by their signature. Company Name: us Address &,o ES—( City State �-- Zip Phone �S�� ax c/ # Signature: - Title rJ Printed Name: Ct FEID or Social Security No SOCIAL SECURITY NUMBER COLLECTION DISCLOSURE STATEMENT Please be advised that pursuant to Section 119.071(5) (a) 2.a., Florida Statutes,the City of Sunrise ("City") discloses that the City requests your social security number for the purpose of payroll eligibility verification, processing employment benefits, income reporting, tax reporting, background checks on employee applicants, advisory board applicants and other City program volunteers. Social security numbers are also used as a unique numeric identifier and may be used for search purposes. 30 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SCHEDULE "B" CITY OF SUNRISE NON-COLLUSION AFFIDAVIT This affidavit is to be filled in, executed and notarized by the Bidder. If the bid is made by a Corporation, then it should be executed by its Chief Officer. This document MUST be submitted with the bid. STATE OF F br- iCk�x, ) 1 ) SS COUNTY OF &O�a ) WZ?C , being first duly sworn, deposes and says that (Type or print name of person who is signing below) 1. He/she is the ( Ci C C-'(` (Owner, Partner, Officer, Representative or Agent) of the Bidder that has submitted the attached Bid. 2. He/she is fully informed with respect to the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid. 3. Said bid is made without any connection or common interest in the profits with any other persons making any bid or proposal for the said commodities/services..Said bid is on our part in all respects fair and without collusion or fraud. 4. No head of any department, any employee or any officer of the City of Sunrise is directly or indirectly interested therein. If any relatives are employed by the City, indicate name and relationship below. Name: A ,10 X-2 Relationship: Name: ��/V (.= Relationship: Company Name: Bidders' Authorized Signature: Subsc 'bed and"tobef me this day of 20—y— ary�bl'c vp JJ O'v /'�' (Print, Type or Stamp name of Notwy Public) * * MYCOMNISSION ODD Personally known or Produced I.D.- ,��,�o° ?�1NE Did take an oath, or Did not take an oath 31 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-W SCHEDULE "C" CITY OF SUNRISE VENDOR DRUG -FREE STATEMENT Preference may be given to Vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL SUBMISSIONS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids, proposals or replies which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or Contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied Vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or Contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the 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 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. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Vendor complies fully with the above requirements. I hereby certify that the company submitting this proposal ha blished a Drug Free work place program in accordance with State Statute 287.087 VENDOR'S SI 32 BID TITLE: Outfitting of Police Vehicles(Lighting&Accessories) BID NUMBER: 11(06)-01-01-01-19-w COMPANY'S NAME SCHEDULE "D" CITY OF SUNRISE VENDOR QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address: r — w H 330-P Street �^ ( city J State Zip Code Telephone: 7� ax:(��L- 4 lb��-Mail: (' 5�-(/ /j How many years has your organization been in business under its present name? ` Yrs If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: Under what former names has your business operated? : Xl� At what address was that business located?5G h, . Are You Licensed? Yes No If Yes,ATTACH COPY OF LICENSE Has your company or its senior officers ever declared bankruptcy? Yes No� If yes,explain: Are you a sales representative, distributor, broker, manufacturer of the commodities/services bid upon? Have you ev r received a Contract or a Purchase Order from the City of Sunrise or other government entity?Yes No If Yes explain(date, service/project,bi titl , e c.) �4 V , �1Q 7� �dr�w� �� ✓'�aun Have you ever rec v d a complaint on a Contract or bid awarded to you by any government entity? Yes No if yes, explain: Have you ever keSA debarred or suspended from doing business with any government entity? Yes No 2S, If Yes, explain Please identify each incident within the last five (5) years where a civil, criminal, administrative, other similar proceeding was filed or is pending; if such proceeding arises from or is a dispute concerning the Consultant's rights,remedies or duties under a Contract for the same or similar type services to be provided under this Bid: 33 05/01/2014 10:52AM 954-946-767-7 STROBES-R-US PAGE 02/02 . Strobes-R-CJs 2681 Hmmiondvxlle.Read �1 ]POWPano Beackh, 1"1. 33069 RA Ph: (954)946-9955 Fax (954)946-96.77 May 1,2014 Kevin Rurrrell 434 S. Swinton Ave. 1Delray Beach,FL 33444 )ear Kevin, Please be advised the pricing that you are Xeceiving is being piggy backed from our Cit y tr# StuDise Contract# 11(06)dtl�01-01-19 w This is currently the 10west PrWillg that we offer to any govetrrtnetrt at errcy in the state offlorida. Thank you for your consideration. the value y,,ur business. TOM H � Presidcn w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Terry Stewart, Interim City Manager DATE: August 18, 2014 SUBJECT: AGENDA ITEM 8.K.8-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 PURCHASE AWARD/MUNICIPAL EQUIPMENT COMPANY,LLC(MECO) BACKGROUND Currently the Fire-Rescue Department has twenty-six (26) employees using bunker gear that has reached or is reaching the maximum recommended life span set forth by the National Fire Protection Association (NFPA 1851 Ch.10.1.2) Additionally, new employees (September 2014) will need a set of bunker gear. Delray Beach Fire Rescue currently has many employees that have been issued one (1) set of bunker gear. It is recommended by NFPA that all contaminated gear be taken out of service and sent out for specialized cleaning (NFPA 1851 Ch. 7.1.4.1). It is the goal of the department to issue two (2) sets of bunker gear to each operational member of the department. This will allow each member of the department to have a backup set of bunker gear so that in the event a member's gear is contaminated, they have another set to wear while their contaminated gear is being cleaned and tested. The Janesville coats and pants have a built in protective system, fusion outer shell of Kevlar/Nomex, AraFlo thermal liner with Crosstech moisture barrier and are resistant to blood-borne pathogens and common chemicals. The suit is designed to shed water and other liquids and will dry quickly. It is designed to minimize firefighter fatigue and heat stress, and is less restrictive than other comparably priced gear. Fire-Rescue Department personnel would like to remain with the Janesville bunker gear for quality, built-in protection and to remain consistent with current bunker gear being utilized. This purchase is being made in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C) (6) (b) "City Standard". The price quoted from Municipal Equipment Company is based on the Lake County Contract #12-0806M and Chapter 36, Section 36.02(C) (7), "Utilization of Other Governmental Entities' Contracts". DISCUSSION Throughout FY 2014, Fire-Rescue delayed significant purchases, pending the outcome of the analysis for consolidation with Palm Beach County Fire Rescue. Funds were allocated within the FY 13-14 budget for the purchase of bunker gear, per the background statement above. OPERATING COST The total cost for the bunker gear is $71,115. This is for thirty-three (33) sets of bunker gear, at $2,155 per set. This purchase is being made in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b) "City Standard" and Section 36.02(C)(7) "Utilization of other governmental entities' contracts". The price quoted from Municipal Equipment Company is based on the Lake County Contract#12-0806M. TIMING OF THE REQUEST Fire-Rescue is in the process of hiring seven (7) new employees under the auspices of a SAFER grant, with a projected start date of September 8, 2014. Bunker gear is an essential component of their orientation program, and the procurement can be completed in a timely manner pending City Commission's approval FUNDING SOURCE Funding is available from 001-2315-526-64.60 (General Fund: Machinery Equipment/Other Machinery/Equipment) and 001-2313-522-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment). RECOMMENDATION The Fire-Rescue Department recommends that 1) the City Commission adopt the Janesville bunker coat and pants as the City standard, and 2) approve of a purchase award to Municipal Equipment Company, LLC (MECO) in the amount of $71,115.00 for thirty-three (33) sets of Firefighting Protective Equipment (bunker gear). MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE 2049 West Central Boulevard, Orlando, FL 32805 Customer Copy gig 800-228-8448 Fax: 877-775-2448 iMPANY•LLC Number 068984 S„te., ;nvlRr�,,,m www.MecoFire.com — Municipal Equip @MecoFire.com Date 08/15/14 Page 1 Ship To: DELRAY BEACH FIRE DEPT Bill To: CITY OF DELRAY BEACH 1 4170 ACCOUNTS PAYABLE 501 W.ATLANTIC AVE I00 N.W.IST AVENUE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 RFFFRENCE# EXPIRES SLSP TERMS WH FREIGHT SNIP VIA 10/15/14 85 NET 10 DAYS 01 PREPAID UPS QUOTED BY: MF QUOTED TO: ITEM DESCRIPTION ORDERED UM PRICE UM EXTENSION CVFM JANESVILLE ISODRI V-FORCE 1 EA 1245.000 EA 1245.00 COAT,32"LENGTH 7.25 OZ.PBI MATRIX NATURAL OUTERSHELL K7 LINER CLW209 EVER-DRI WATERWELLS CLW753 8"ISODRI OVER-THE-HAND KEVLARINBMEX/SPANDEX WRISTLETS SF245 2.5"STORMFLAP WITH TWO LAYER SELF FABRIC AND ONE LAYER GORE RT7100 PTFE, THERMOPLASTIC ZIPPER IN, 1.5" HOOK AND LOOP OUT EB513 BLACK POLY-COATED ARAMID ELBOW REINFORCEMENT WITH LITE N DRI CUSHIONING SC715 6"OUTERSHELL SHOULDER CAP REINFORCEMENT CC711 BLACK POLY-COATED ARAMID CUFF REINFORCEMENT CR236 3"SPLIT SELF FABRIC COLLAR WITH TWO PIECES .75"X3"LOOP ON THE MOISTURE BARRIER,MULTIPLE PIECES .75"X2"LOOP TO EDGE FOR ATTACHMENT TO SHELL (NO THROAT TAB) BHS020 DRAG RESCUE DEVICE FBP651 10"X10"X2"FULL BELLOWS POCKETS WITH KEVLAR TWILL FULLY LINED ALL 4 SIDES,ONE PIECE 1"X 10"LOOP ON THE POCKET AND THREE PIECES 1"X3" HOOK ON THE FLAP MT548 I"X3"SELF FABRIC MIC CONTINUED MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE 2049 West Central Boulevard, Orlando, FL 32805 Customer Copy 800-228-8448 Fax: 877-775-2448 GO:v1PANYk[.LC www.MeeoFire.com -� MunicipalEquip @MecoFire.cam Number 068984 Smug F4�4��invf fhr t3�,Frtrs Date 08/15/14 Page 2 Ship To: DELRAY BEACH FIRE DEPT BA!To: CITY OF DELRAY BEACH z 4170 ACCOUNTS PAYABLE 501 W.ATLANTIC AVE 100 N.W.1ST AVENUE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 REFERENCE# EXPIRES SLSP TERMS WH FREIGHT SHIP VIA 10/15/14 85 NET 10 DAYS 01 PREPAID UPS QUOTED BY: MF QUOTED TO: ITEM DESCRIPTION ORDERED UM PRICE UM EXTENSION TAB WITH POLY-COATED ARAMID INSIDE,LEFT CHEST CT504-PTY 3"VENTILATED LIME YELLOW SCOTCHLITE TRIPLE TRIM IN A VIZ-A-V TRIM PATTERN HL02 STANDARD 518"X 5-112" SELF FABRIC HANGERLOOP LTSL3YNS 3"LIME YELLOW SCOTCHLITE LETTERS SEWN ON THE YOKE'DELRAY" LTSL3YIS 3"LIME YELLOW SCOTC14LITE LETTERS'BEACH" UNDER'DELRAY" FLS554 FLASHLIGHT STRAP, 1.25"X8.5"WITH I"X2"VELCRO CLOSURE,4703 HOOK WITH SELF FABRIC HOLDER BARTACKED 5"ABOVE THE STRAP, X-STITCHED TO THE SHELL, RIGHT CHEST,WITH THE HOOK AND STRAP ABOVE THE CHEST TRIM MT548 1"X3"SELF FABRIC MIC TAB WITH POLY-COATED ARAMID INSIDE,LOCATED HALF WAY BETWEEN THE#703 HOOK AND THE 1.25"X 8.5"VELCRO STRAP LP34 5"X18"ONE LINE HANGING LETTER FOR PLACEMENT ON THE HEM LPS6 TWO SNAP ATTACHMENT FOR LP34 LPV13 VELCRO ATTACHMENT FOR LP34 LTSL3YNS 3"LIME YELLOW SCOTCHLITE LETTERS SEWN ON CONTINUED MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE A 2049 West Central Boulevard, Orlando, FL 32805 - . . 800-228-8448 Fax: 877-775-2448 co,�1PA C www.MecoFire.com - MunicipalEquip@MecoFire.com Number 068984 Smug Prr)4srn-bs1 ul kYrd;,,ircrr Date 08/15/14 Page 3 Ship To DELRAY BEACH FIRE DEPT Bill To: CITY OF DELRAY BEACH 1 4170 ACCOUNTS PAYABLE 501 W.ATLANTIC AVE 100 N.W.1ST AVENUE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 REFERENCE# EXPIRES SLSP TERMS WH FREIGHT SNIP VIA 10/15/14 85 NET 10 DAYS 01 PREPAID UPS QUOTED BY :h1F QUOTED TO: ITEM DESCRIPTION ORDERED UM PRICE UM EXTENSION THE LP34 FOR THE PERSON'S LAST NAME PVFM JANESVILLE ISODRI V-FORCE PANT 1 EA 858.000 EA 8_58.00 WITH BELT 7.25 OZ.PBI MATRIX NATURAL OUTERSHELL K7 LINER BHS013 2"WIDE KEVLAR BELT WITH 2"SELF-LOCKING THERMOPLASTIC BUCKLE WITH QUICK RELEASE MECHANISM BL007 3 BELT LOOPS, 4"WIDE X 3.5"HIGH,2-LAYER SELF FABRIC,DOUBLE STITCHED TO THE PANT SHELL,BARTACKED ALL FOUR CORNERS FLY233 SEWN ON PANT FLY WITH PJ CROSSTECH AND SEMPER DR[, THERMOPLASTIC ZIPPER CLOSURE INSIDE WITH 1.5"HOOK AND LOOP,3/4111400K UNDERNEATH PJ CROSSTECH FOR LINER ATTACHMENT KP214 BLACK POLY-COATED ARAMID CONTOURED KNEES WITH 2-LAYER GIC E-88 FOAM PADDING PC504 BLACK POLY-COATED ARAMID CUFF REINFORCEMENT BDP903 10"X10"X2"SPLIT BELLOWS POCKETS WITH 2-LAYER KEVLAR TWILL FULLY LINED ALL 4 SIDES INSIDE POCKET&BLACK POLY-COATED ARAMID 5"UP OUTSIDE ON THE POCKET,ONE PIECE 1"X 10"LOOP ON THE CONTINUED MUNICIPAL EQUIPMENT COMPANY, LLC QUOTE • 2049 West Central Boulevard, Orlando, FL 32805 Customer Copy 800-228-8448 Fax.- 877-775-2448 COMPANY-Ll Number 068984 Smft ftkaktul 1*r-oat— www.MecoFire.com — Municipal Equip @MecoFire.com Date 08/15/14 Page 4 Ship To: DELRAY BEACH FIRE DEPT Bill To: CITY OF DELRAY BEACH 4170 ACCOUNTS PAYABLE 501 W.ATLANTIC AVE 100 N.W.1ST AVENUE DELRAY BEACH,FL 33444 DELRAY BEACH,FL 33444 REFERENCE# EXPIRES SLSP TERMS WH FREIGHT SHIP VJA 10/15/14 85 NET i0 DAYS 01 PREPAID UPS QUOTED BY: MF QUOTED TO: ITEM DESCRIPTION ORDERED UM PRICE UM EXTENSION POCKET AND THREE PIECES 1"X3" HOOK ON THE FLAP LGT000 2 LEATHER LEG TABS PER LEG WITH NON-LOGO FEMALE SNAPS PTC4-PTY 3"VENTILATED LIME YELLOW SCOTCHLITE TRIPLE TRIM AROUND THE CUFFS PM0542 BOOT CUT PANT LEGS RP848 KLEIN TOOL POCKET LOCATED ON THE SIDE OF THE RIGHT LEG I"ABOVE THE CUFF AND THE TOP OF THE POCKET TILTED 2"FROM CENTER TOWARD THE BACK OF THE PANT SR842M JANESVILLE 40"V-BACK QUICK 1 EA 52.400 EA 52.10 ADJUST SUSPENDER WITH METAL LOOPS IN THE FRONT AND BACK, RED WITH BLACK PADDING SEW ON EMBLEM SEW"343"EMBLEM ON THE 1 EA .000 EA .00 OPPOSITE SHOULDER FROM THE ISODRI EMBLEM ERGGB5005P GEAR BAG,RED,600D POLY 1 EA .000 EA .00 ONE FRET GEAR BAGE WITH EVERY SET OF GEAR PURCHASED FOR PROPER STORAGE. PER LAKE COUNTY CONTRACT#12-806M MERCHANDISE MIST TAX FREIGHT TOTAL 2155.40 .00 .00 .00 2155.40 THIS QUOTE IS VALID FOR DAYS NAFECO QUOTE 15 i 5 W est Mnuiton Street Decatur,AL 35601 Phone: 800-628-6233 Fax: 256-355-0852 Quote Number: 798385 info @nafeco.com Date: 8/19/14 Quote Expiration: NET 30 T©: DEL040 DELRAY BEACH FIRE DEPARTMENT 501 W. ATLANTIC AVE. DELRAY BEACH,FL 33444 F.O.B. Point: United States of America Salesperson: John.Hogan(FL) Quote Prepared By: Charity Griffith Qty. U/M Item No. Description Each Amount 1 EA CVFM-K7-798385 JANESVILLE V-FORCE COATS PBI MATRIX 1240.25 1,240.25 1 EA PVFM-K1-798385 V-FORCE PANT WITH BELT AND SUSPENDERS, PBI MATRIX 908.25 908.25 PRICES INCLUDES SH[PPING AND A 343 PATCH SEWN TO SLEEVE 1 EA N-107 Firefighter Turnout Gear Bag Red, 31"L x 14"H x 16"D 40.00 40.00 PER LAKE COUNTY CONTRACT Sub-Total : $2,188.50 Quote Total : $2,188.50 If you have any questions concerning this quote,please contact our office Thank you for your business. Visit Us On The Internet At: www.nafeco.com Page: 1 Quotation Pa"1 of I Witmer Public Safety Group 104 Independence Way �il/ Coatesville,PA 19320 Date: [D: 8119/2 �`j Date: 8/19/2014 Phone:(800)852-6088 Sales Person: JEFFREY C Fax:(888)335-9800 Proposal To: Delray Beach Fire Rescue Proposal ID 179887 501 W.Atlantic Avenue Date 8/1912014 Attn:Division Chief David Wetzel Sales Person JEFFREY C Delray Beach,FL 33444 Phone: (561)573-2027 Fax: (561)243-7461 Quantity Item ID Description Unit .amount JANESVILLE TFS SPEC GEAR 40 CVFM-42325-B Janesville V-Force""TheFireStore""Spec C 1,255.00 50.200.00 Black,Spec ID#PSGQ4358-B Various Sizes **This Is TheFireStore Spec,Gear Can Not Be Altered** 40 LTSL3YNS SPO Janesville 3""Lime/Yellow 3M Scotchlite 25.00 1.000.00 Name Lettering,6-12 Letters "DELRAY" **Across Yoke,Line I** 40 LTSL3YNS SPO Janesville 3""Lime/Yellow 3M Scotchlite 25.00 1,000.00 Name Lettering,6-12 Letters "BEACH" **Across Yoke,Line 2** 40 LPS6 SPO Two Snap Attachment for LP34 Hanging Patch 3.50 140.00 40 LP34 SPOLion Apparel 5""x18"" I-Line Hanging Letter Pat 24.00 960.00 for Placement on Hem For Fusion,Advance,or Nomex-BLACK ***MUST BE USED WITH LPV13&LPS6*** 40 LTSL3YNS SPO Janesville 3""Lime/Yellow 3M Scotchlite 25.00 1,000.00 Name Lettering,6-12 Letters "VARIOUS NAMES" 40 PVI-Ml-40XS-B Janesville V-Force""TheFireStore""Spec P 865.00 34,600.00 Black,Spec ID#PSGQ4358-B **This Is TheFireStore Spec,Gear Can Not Be Altered** FREIGHT Shipping&Handling Free Via Ground *** To accept this quote into a sales order,sign and return this document via fax to 888-335-9800. You may also email your acceptance to quotes@WPSGInc.com. Prices shall remain firm for 30 days barring any manufacturer price increases. Please note sizes,colors and shipping address before sending your order. *** *** Custom information(shields,badges,plates etc)should be faxed or emailed with your acceptance,if this information has not been provided during your initial quote request.If you have any questions regarding this quote, call 800-852-6088 or email quotes @wpsgine.com.Canadian customers: Shipping&Handling does not include US Customs and Border Fees into Canada and is to be paid by the customer. Orders shipped into Canada will only be shipped via the customer's freight account which must be provided before placing an order.WPSG does not export; therefore if the requested shipping address is to a domestic freight forwarder,the customer is responsible for filling out any forms related to exporting.*** ACCEPTANCE OF PROPOSAL Subtotal 88.900.00 The above prices,specifications,and conditions Signature Cox 0.00 are satisfactory and are hereby accepted. Proposal is valid until September 18,2014 Date Total 88,900.00 ('waled by L:igk Nurrness Management Systems Proposal is Valid until September 18,2014 `� LION'" 7200 Poe Ave, Suite 400 Dayton, OH. 45414 SPECS (eddy for action Phn 800-421-2926 Fax 877-803-1032 _ _ •. PSGQ9716-A Department, Delray Beach Fire Dept NAFECO '-• John Weaver Ronald Woodall 1 John Hogan '-. Jay Salyers 501 W Atlantic Ave 1515 W. Moulton St. Delray Beach, FL 33444-2555 Decatur, AL 35601 "•- `• Jay Salyers USA USA r Delray Beach FL_Spec—Nafeco 2014 RETAIL UPDATE PSGQ9716-A Please reference this Spec Number on your Purchase Order Pricing Page: 1 Description 1 -- RETAIL --- RETAIL --- RETAIL --- 2 1 $2,196.00 $2,196.00 **`Custom Turnout Coat - RETAIL 2014 3 Coat Model 1 Design v-Forceo coat Janesville@ V-ForceO Coat 4 Coat Model I Design CVFM/F Male- CVFM-32, CVFM-35; Female - CVFF-29, CVFF-32 5 6 Coat Liner & Moisture Barrier K7 -Traditional Traditional Liner, Glide TM face cloth quilted to 2.3 oz NOMEX®/Kevlarg spunlace & 1.5 oz AraFlo® Dri, CROSSTECHO BLACK(Type 2F) PTFEINomex@ Pajama Check laminated membrane 7 Coat Inner Yoke Reinforcement LYR226 (Std) Semper Dri® front and back yokes sewn to coat thermal liners. (RM1377-059) (V-Force) 8 Waterwells - Ever-Dri CLW209 (Std) Chambray DWR 2-Layer NOMEXOIKevlarfl spunlace quilt/pajama check crosstech with 1" elastic wrist shield. W-well with 314" loop, male snap, sewn to coat liner sleeves. 9 Coat Wristlets CLW753 (Std) 8" isodriO over the hand- KEVLAR9I NOMEXO/ Spandex® construction PSGQ9716-A Please reference this Spec Number on your Purchase Order Pricing Page: 2 Im m �� 10 Coat Outer Shell Material PSI®Matrix !Natural PBI® Matrix Plus, 7.25 oz, Natural Color 11 Reflective Trim CT504-PTY 3"Viz-a-VTM Yellow Ventilated Triple Trim for V-Force 12 Drag Rescue Device BHS020 (Std) DRD: Firefighter Recovery Harness with 2"welt and 5.25x2.25"flap with rounded corners. 1 piece 1x2" loop for harness storage. 2 pieces 1 x2" loop on shell flap closure, 2 pieces 1 x2" hook on flap. 1 piece 1.5x2" hook on harness. 1 piece 2x2" loop underneath chest trim for harness storage, 1 pair 1x3.5'self-fabric straps with 1x2" hook and loop. 13 Coat Shell Attachment CSA709 (Std) 1x2" Self Fabric strap w/ 1 end sewn to coat shell &opposite end loose wl 1 female non-logo snap, 1 male snap on liner centered at bottom rear panel to align wl the female snap. (Cannot be used on coat where liner is 3"from shell). (Standard on V-Force) 14 Coat Collar CR236 (Std) 3" split self fabric collar with CROSSTECH® PJ lined. 2 pieces W" hook on each end inside and two pieces 1" hook set 112" from center along top edge for liner attachment. 1.5x4" hook&loop for front closure. V-Fit 15 Collar Flashing CLF221 (Std) 3" Self fabric, PJ CROSSTECH lined split collar with 2 pieces .75x3" loop on moisture barrier, multiple pieces .75x2" loop to edge for attachment to shell. Use with CR236 &CR237 16 Liner Inspection System CL0208 (Std) Coat liner inspection system located at center right front of liner, with 1 x4" loop. V-Fit coats 17 MISC. Fasteners MF020 (Std) 1.5x3" gook sewn to right front shell for the Coat Liner Inspection System -V-Fit 18 Coat Cuff Reinforcement CC711-BLK Black Poly-Coated Aramid Cuff Reinforcements -V-Fit 19 Coat Elbow Reinforcement EB513-BLK (Std) Black contoured poly coated aramid elbow patches with 1 layer GIC E-88 foam padding. V-FIT 20 Coat Shoulder Reinforcement SC715 (Std) Self fabric shoulder caps 21 Coat Closure System SF245 2.5"stormflap (Square Corners) W12 Layer self fabric& 1 lyr Gore RT7100 PTFE, thermo plastic zipper in, 1.5" hook & 1.5"loop out (zipper in, hook on coat front, loop on stormflap with poly-coated aramid tab for V-Fit coat 22 Coat Pockets PSG09716-A Please reference this Spec Number on your Purchase Order Pricing Page: 3 IM Description 0 ff k in NEW M11 23 Turn-Out Pockets FBP651 (2) 10x10x2" Full bellow pocket w/ KEVLARQ twill fully lined all 4 sides, 1 pc. 1x10" loop on pocket& 3 pcs. 1x3" hook on flap. 24 Item Location for Above Front bottom- Left& Right 25 Flashlight Strap FLS554 1.25x8.5" self fabric flashlite strap with 1 piece 1 x2" loop on one end & 1 piece 1x2" hook on other end, 1 x2 self fabric with 703 fastener bartacked 5"above strap. 26 Item Location for Above Right Chest 27 Lettering Patches LP34 5x18"contoured 2 layer self fabric one line letter patch to be attached to hem of coat. 28 Lettering Patch Attachment LPV13 There shall be 1.5x18" hook sewn to top edge of 5x18" patch and 1.5x18" loop sewn with while thread through the trim to coat back inside at hem. 29 Lettering Patch Attachment LPS6 1 male snap at top corners of letter patch &2 female logo snaps on inside of shell to align with the male snaps = 2 male &2 female nonlogo snaps. 30 Sewn On Lettering LTSL3YNS Sewn On 3" LimelYellow 3M TM Scotchlite7m Letters (each line) 6 - 12 Alpha Numeric Name Characters 31 Lettering Lettering shall be for Last Names, 32 Location for Lettering On above LP34 patch 33 Sewn On Lettering LTSL3YNS Sewn On 3" Lime/Yellow 3MT11 ScotchliteT" Letters (each line) 6 - 12 Alpha Numeric Name Characters 34 Lettering Lettering to read - DELRAY 35 Location for Lettering Across yoke (LINE 1 OF 2) 36 Sewn On Lettering LTSL3YNS Sewn On 3" Lime/Yellow 3M TM ScotchliteT"' Letters (each line) 6 - 12 Alpha Numeric Name Characters 37 Lettering Lettering to read - BEACH PSGQ9716-A Please reference this Spec Number on your Purchase Order Pricing Page: 4 Im Descrip ion " •- s _ r 38 Location for Lettering Across yoke (LINE 2 OF 2) 39 Mic Tab MT548 (2) 1" x 3"self fabric mic tab w/Poly-coated aramid inside-mic tab is tacked on each end to shell. 40 Item Location for Above (1) Left chest; (1) Right chest halfway between snap-hook and strap of FLS554. 41 Hanger Loop HL02 (Std) 5/8"x 5 112" Self fabric hangerloop. 42 43 --- RETAIL --- RETAIL --- RETAIL --- 44 1 $1,608.00 $1,608.00 ** Custom Turnout Pants- RETAIL 2014 Y'* 45 --- INCLUDES SUSPENDERS --- 46 Pant Model 1 Design PVFMIF V-Force® Pant w/ Belt 47 48 Pant Liner & Moisture Barrier K7 -Traditional Traditional Liner, Glide TM face cloth quilted to 2.3 oz NOMEX®/KevIar@ spunlace & 1.5 oz.AraFlo® Dri, CROSSTECHS BLACK (Type 2F) PTFE/NomexO Pajama Check laminated membrane 49 Liner Inspection System PL0200 (Std) Pant liner inspection system with 1x3" loop located at right side of liner waist. 50 MISC. Fasteners MFO18 (Std) 1 x3" hook sewn to right shell front for the pant liner inspection system. 51 Pant Outer Shell Material PBI®Matrix Natural PBIS Matrix Plus, 7.25 oz, Natural Color 52 Pant Fly Closure FLY233 (Std) Sewn on pant FLY with PJ CROSSTECHS, closure thermo plastic zipper inside with 1.5" hook & loop, 3/4" hook underneath PJ crosstech for liner attachment. V-Fit 53 Leg Tabs LGT000-113LK (Std) 2 Black Leather leg tabs per leg with non-logo female snaps. PSGQ9716-A Please reference this Spec Number on your Purchase Order Pricing Page: 5 IM 54 Pant Knee Reinforcement KP214-BLK Black Poly coated aramid contoured knees with 2 layers GIC E-88 foam padding V-Fit. 55 Pant Cuff Reinforcement PC504-BLK Black Poly-coated aramid pant cuffs and 3x3.5" kick shield. 56 MISC. Pant Options PM0542 "Boot cut"pant legs. 57 Belts and Harnesses BHS013 2"wide KEVLAR0 belt with 2" self-locking thermoplastic buckle with quick release mechanism. 58 Belts and Harnesses 11311-007 (Std) 3 belt loops, 4"wide by 3.5" high, 2-layer self-fabric, double stitched to pant shell, bartacked all four comers 59 Pant Pockets 60 Turn-Out Pockets BDP903 (2) 10x10x2" split bellow pocket w12 layers kevlar twill fully lined all 4 sides inside pocket& poly coated aramid 5" up outside on pkt, 1pc. 1x10" loop on pocket & 3pcs. 1x3" hook on flap. 61 Item Location for Above Thigh - Left and Right 62 Turn-Out Pockets RP848 2.5x6.5x1" Radio pocket with polycotton fully lined all 3 sides inside pocket and leather 3" up inside of pocket. 1x2.5" loop on pocket, 2x3" hook horizontally on flap. 1x8"strap X-stitched 112"above radio pocket with 1 x3.5" hook&loop. 3.54" flap set 2"above strap. Pocket to taper to 1.75"width at bottom. Slanted on side seam, 11 o'clock 15 o'clock with top angled toward back (shorter inseams, 10 o'clock/4 o'clock with top angled toward back). - Klein Tool Pocket 63 Item Location for Above OUTSIDE OF RT LEG 64 Reflective Trim PTC4PT3Y 3" Lime[Yellow Ventilated Triple Trim Reflective trim around leg bottoms- 4 rows lockstitch. 65 Suspenders SR842M 42"V-BACK quick adjust- stretch padded suspenders, Metal Loops - Red; APPLIES TO ALL AVAILABLE LENGTHS. 66 67 68 PSGQ9716-A Please reference this Spec Number on your Purchase Order Pricing Page: 6 I Description SubTotal $3,804.00 Sales Tax $0.00 Shipping $0.00 Total $3,804.00 Lion Apparel, Inc. hereby gives notice of its objection to any different or additional terms or conditions except for any such terms and conditions as may be expressly accepted by Lion Apparel in writing. Unless different or additional terms and conditions are accepted in writing,the terms and conditions stated above shall apply, and such terms and conditions supersede any prior or contemporaneous agreement or correspondence between the parties. LAKE COUNTY f L 0 R 115A M0)fy1F1C'A1'J(,N OF CONTRACT 1t. lllod€fstator,n No,:2 2, Goim2ct Nu.;12 1FBMIN T ffeeuve Date:July 1,2014 FifFecu%T Date-June 12,20x 2 3, Contracting 4 ff€ctr:Donna Vi4linis 5. CorItract rr Name and A,idicc, 15 )343-9765 NAniCt.s Tc1c hnnc�umlx.r.;352 3.,.,,,_ t issued fly^ HA 5 3V.Moulton street Decatur Ai.;15601 Prat rmem senices I-Ac County Administration Building Ann:Rrutald Woadall ,S V..'M am St.,Swtc 441 TavorcF,1-lorida 327713-7800 G. SPI.C.]11,1N$rRUC ONS:CAOmractur is required io signs Block B sltov€KSy�,accey?tanee of the l elutt'wrilren nwdifie'tiau and 1laown in Block d wlJhirt tam(1 P1 d:€�x.aRer r_ ccipt yrrcferably by rertifred mail to ensure a System of Positive roc6pm Retain a photocopy of the sighed copy of this mudificarion and attach to anginal of co€uracs. whach Was]srcrioUft pttsv'ick'd. DESCRIPTION OF MOD]CICA7'1C N! _ t.nntract madfficatt«n to catcnd contract one(1)year,txpiring June 30,20115. (16) Additional Manufacturers added with this modification. R. ]'prstraL€nr's Sil�nattrre 4. la3te Cnurtn,C7wida — ��1 tdOt3t7Al i. p 1�;.. Tidy: VICE PRJL+IDFNI' Senior ta€ttta(€3ny I.PI Darr; 3/20/14 — -- —-- 14. Disuibudonc ,)rigtnzlT Bid file No. 12-0804 (.e:Vet€disr i {P-'DALW M1ILA]IV[ tR13t 1578;ft'I;kF:MFkT�RV€(Y5 P11.HOX 7it:k1•,+i5W.MAWST.,'FAVAIt€&FI i177R.P 3ji qm-ris2 iai 9+1'3 Rswrd nj(5mar1 L�„n,yinrourrs•+•-x I;:IakecOUrM'J!S,.„ - ,°�111'•t': .+.i 1's1€.• =...r.ci I! ,CS+:€f€ 1:1i i1 •'Mfii��€ c;i1€,7\4 {,•1•si:€ (l.nu:l Ini•Ai,l7 l.'imiri;: !11•€+!N 7 lhnh.0 a 'NATU1 ti !I it Numlwr, Q-D$06 LPI V T4 R-UA .-LI MOS I Dk".11111a fialln CAIn Cal priCv list 116,-c Lis,No. t SUIC1,1111'.DIO.If,IlGr,, yv5 No I.Cad iim-.� .. . . 11o4)rlv:;41C ts4m:Jrlmd sCjcwcs (per hout". ij.,p ItInn.of der(if'un.1)S f,.:e it IVN.'Iftin J11-Ilivolln'm ties 67. LO WA A LA EI I(-'A D;s"uni from curmu prkc list Pr;w I ist No I' List L) V)kiribuzm? 'Y CS NO jt(jtjj:.V file IL.: sVj-Vk,:S K:;mjII%jnt Andel(!f ar,y)$ lie:^laui iii i1'ic4stl€:trl t1lihillIM01 Vnwjgcm�contact YES fwn)furicn;:16A.V I'm NO c, bate of P;icc I WaIT-1114V 52 fi Copyright 2013 National Fire Protection Association(NFPA). Licensed,by agreement,for Individual use and single download via NFCSS All Access on January 2,2013 to VICTOR WILLIAMS for designated user Kevin Green.No other reproduction or transmission In any form permitted without written permission of NFPA.For Inquires or to report unauthorized use,contact ilcenslng@nfpa.org.This NFCSS All Access subscription expires on 10M12043. 1851-18 SCAM OF PROTECTIVE ENSEMBLES FOR STRUCTURAL FIRE FIGHTING AND PROXIMITYFIRE FIGHTING 7.1.4.1 Contaminated ensembles and ensemble elements 7.2.3.4 Other debris shall be gently rinsed off with water. shall be isolated during the incident personnel decontamina- Heavy scrubbing or spraying with high-velocity water jets such tion process and removed from service until the contaminant as a power washer shall not be used. or suspected contaminant is identified and the elements can 7,2.3.5 Where necessary,a soft bristle brush shall be used to receive specialized cleaning as necessary to remove the spe- gently scrub,and the ensemble or element shall be rinsed off cific contaminant(s). again. 7.1.4.2* Where possible and where the contaminant and its 7.2.3.6 Where necessary,elements for routine cleaning shall source have been identified,the organization shall consult the be cleaned in a utility sink designated for personal protective supplier of the contaminant and the manufacturer of the en- equipment (PPE) cleaning and decontamination using the semble and ensemble elements for an appropriate decontami- following procedures: nation agent and process. 7.1.4.3 A member(s) of the organization who has received (1)*Heavily soiled or spotted areas shall be pre treated. Chlo- training in the cleaning of ensembles and ensemble elements fine bleach,chlorinated solvents,active-ingredient clean- shall be responsible for performing or managing specialized ing agents, or solvents shall not be used without the en- cleaning f elements contaminated with hazardous materials. semble or element manufacturer's approval. g (2)*Water temperature shall not exceed 40°C(105°F). 7.1.5 Ensembles and ensemble elements that are known or (3) Mild detergents with a pH range of not less than 6.0 pH suspected to be contaminated with body fluids shall be evalu- and not greater than 10.5 pH as indicated on the product ated on the incident scene by members of the organization MSDS or original product container shall be used. authorized to conduct a preliminary assessment of the extent (4)*Protective gloves and eye/face splash protection shall be of contamination and need for the ensemble or ensemble el- worn. ements to be isolated, tagged, and bagged at the incident (5) Element(s) shall be gently scrubbed using a soft bristle scene. brush. (6) Element(s) shall be thoroughly rinsed. 7.1.6* Organizations shall have written procedures detailing (7) Element(s)shall be inspected and,where necessary,shall the decontamination and cleaning processes for ensembles be rewashed or submitted for advanced cleaning proce- and ensemble elements contaminated with body fluids, Uni- dures. The manufacturer shall be consulted if stronger versal precautions shall be observed at all times by members cleaning agents are required. handling elements known or suspected to be contaminated (8) Elements shall be dried in accordance with Section 7.4. With body fluids. (9) Following the routine cleaning procedure,the utility sink 7.1.7 Soiled or contaminated elements shall not be brought shall be rinsed. into the home,washed in home laundries,or washed in public 7,2.4 Additional Requirements for Routine Cleaning of Gar- laundries unless the public laundry has a dedicated business ment Elements. to handle protective ensembles and ensemble elements. 7.2.4.1 Routine cleaning procedures for cleaning garment 7.1.8`Commercial dry cleaning shall not be used as a means elements shall be used only for spot cleaning of the element of-cleaning or decontaminating ensembles and ensemble ele- and shall be performed in a utility sink, merits unless approved by the ensemble or ensemble element manufacturer. 7.2.4.2 To avoid cross contamination, garment element lay- ers shall be isolated whenever possible. 7.1.9*When contract cleaning or decontamination is used,the ISP shall demonstrate,to the organization's satisfaction,that the 7.2.4.3 Cleaning of the entire garment element shall be ac- procedures for cleaning and decontamination do not compro- complished using advanced cleaning procedures. mise the performance of ensembles and ensemble elements. 7.2.5 Additional Requirements for Routine Cleaning of Hel- 7.2 Routine Cleaning. met Elements. 7.2.1& The end users shall be responsible for the routine 7.2.5.1 if it is necessary to totally immerse the helmet, the cleaning of their issued ensemble and ensemble elements. impact cap shall be separated from the helmet shell. Each element component shall be washed and dried separately be- 7.2.2 Organizations shall examine the manufacturer's label fore reassembly. and user information for instructions on cleaning and drying 7.2.5.2 Solvents shall not be used to clean or decontaminate that the manufacturer provided with the ensemble or en- semble element. In the absence of manufacturer's instruc- helmets or helmet components. The manufacturer shall be tions or manufacturer's approval of alternative procedures for Consulted if stronger cleaning agents are required. the ensemble or ensemble element,the routine cleaning and 7.2.5.3 Helmets shall not be machine dried using equipment drying procedures provided in this section shall be used. that produces mechanical action from tumbling or agitation. 7.2.3 Routine Cleaning Process. 7.2.6 Additional Requirements for Routine Cleaning of Glove 7.2.3.1* Where possible, the contamination levels shall be Elements. Glove elements shall not be machine dried using evaluated and cleaning shall be initiated at the emergency equipment that produces mechanical action from tumbling or agitation. scene. 7.2.3.2 Ensembles and element layers shall be isolated when- 7.2.7 Additional Requirements for Routine Cleaning of Foot- ever possible to avoid cross contamination. wear Elements.Footwear elements shall not be machine dried using equipment that produces mechanical action from turn- 7.2.3.3 Any dry debris shall be brushed off. bling or agitation. xL6o1r 200B Edition Copyright 2013 National Fire Protection Association(NFPA). Licensed,by agreement,for individual use and single download via NFCSS Ail Access on January 2,2013 to VICTOR WILLIAMS for designated user Kevin Green.No other reproduction or transmission in any form permitted without written permission of NFPA.For inquires or to report unauthorized use,contact licensing @nfpa.org.This NFCSS All Access subscription expires on 10121!2013. 1851-22 SCAM OF PROTECTIVE ENSEMBLES FOR STRUCTURAL FIRE FIGHTING AND PROXIMITY FIRE FIGHTING 9.1.2* Ensembles and ensemble elements shall be clean and elements that were not in compliance with the edition of the dry before storage. applicable NIFPA standard that was current when the en- 9.1.3 Ensemble and ensemble elements shall not be stored in sembles and ensemble elements were manufactured shall be airtight containers unless they are new and unissued. retired in accordance with 10.2.1. 9.1.4*Ensembles and ensemble elements shall not be stored 10.1.6 Structural fire fighting ensembles and ensemble cle- at temperatures below—32°C (-25°F) or above 82°C(180°F). menu and proximity fire fighting ensembles and ensemble elements that are contaminated to the extent that the organi- 9.1.5 Ensembles and ensemble elements shall not be stored zation deems it not possible or cost effective to decontaminate or transported in compartments or trunks with sharp objects, them shall be retired in accordance with 10.2.1. tools,or other equipment that could damage the ensembles or ensemble elements. Where ensembles or ensemble ele- 10.1.7 Structural fire fighting ensembles and ensemble ele- ments must be transported or stored in such environments, ments and proximity fire fighting ensembles and ensemble the ensemble or element(s) shall be placed in a protective elements that are contaminated by CBRN terrorism agents case or bag to prevent damage. shall be immediately retired as specified in 10.2.1 after con- 9.1.6* Soiled ensembles and ensemble elements shall not be firmed exposure and shall not be reused. stored in living quarters or with personal belongings or taken 10.1.8* Structural fire fighting ensembles and ensemble ele- or transported in the passenger compartment of personal ve- ments and proximity fire fighting ensembles and ensemble hides.Where ensembles or ensemble elements mustbe stored elements that are no longer of use to the organization for or transported in such environments, the ensembles or en- emergency operations service but are not contaminated, de- semble element(s) shall be placed in a protective case or bag fective,or damaged shall be retired in accordance with 10.2.1 to prevent cross contamination. or 10.2.2. 9.1.7*Ensembles and ensemble elements shall not be stored 10.2 Disposition of Retired Elements. in contact with contaminants such as,but not limited to,oils, solvents,acids,or alkalis. 10.2.1 Retired structural fire fighting ensembles and en- semble elements and proximity fire fighting ensembles and 9.1.8 Proximity fire fighting protective coat and trouser ele- ensemble elements shall be destroyed or disposed of in a man- ments shall be stored by hanging to limit the damage caused ner ensuring that they will not be used in any fire fighting or by creasing and shall not be stored folded. emergency activities,including live fire training. 9.1.9 Ensemble and ensemble element storage areas shall be 10.2.2 Retired structural fire fighting ensembles and en- clean,dry,and well ventilated. semble elements and proximity fire fighting ensembles and ensemble elements as determined in 10.1.8 shall be permitted to be used as follows: Chapter 10 Retirement,Disposition,and (1) For training that does not involve live fire, provided the Special Incident Procedure ensembles and ensemble elements are appropriately marked as being for non—live fire training only 10.1 Retirement. (2) As determined by the organization 10.1.1*The organization shall develop specific criteria for re- 10.3 Special Incident Procedure. moval of structural fire fighting ensembles and ensemble ele- ments and proximity fire fighting ensembles and ensemble 10.3.1* The organization shall have procedures for the ban- elements from service, which includes,but is not limited to, dling and custody of structural fire fighting ensembles and issues that are specific to the ensembles or ensemble elements ensemble elements and proximity fire fighting ensembles and being used by the organization, the manufacturer's instruc- ensemble elements that were worn by fire fighters who were tions,and the experience of the organization, victims at incidents where serious injuries or fatalities to the 10.1.2* Structural fire fighting ensembles and ensemble Cie- fire fighters occurred. ments shall be retired in accordance with 10.2.1,no more than 10.3.2 In the absence of any other prevailing rules of evi- 10 years from the date the ensembles or ensemble elements dence,the organization's procedures shall include at least the were manufactured. following: 10.1.3 Proximity fire fighting ensembles and ensemble ele- (1) Provisions shall be made for the immediate removal from merits shall be retired in accordance with 10.2.1,no more than service and preservation of all structural fire fighting en- 10 years From the date the ensembles or ensemble elements sembles and ensemble elements and proximity fire fight- were manufactured. ing ensembles and ensemble elements utilized by the in- I0.1.3.1*In all cases,the radiant reflective outer shell shall be jured or deceased fire fighter. replaced at a maximum of 5 years. (2) Custody of such ensembles and ensemble elements shall 10.1.4* Structural fire fighting ensembles and ensemble ele- be maintained at a secure location with controlled,docu- ments and proximity fire fighting ensembles and ensemble mented access. elements that are worn or damaged to the extent that the (3) All such structural fire fighting ensembles and ensemble organization deems it not possible or cost effective to repair elements and proximity fire fighting ensembles and en- them shall be retired in accordance with 10.2.1. semble elements shall be nondestructively tagged and stored only in paper or cardboard containers to pre- 10.1.5* Structural fire fighting ensembles and ensemble ele- vent further degradation or damage. Plastic or airtight m'ents and proximity fire fighting ensembles and ensemble containers shall not be used. 2008 Edition w MEMORANDUM W TO: Mayor and City Commissioners FROM: Joan K. Goodrich, Economic Development Director Francine Ramaglia, Assistant City Manager THROUGH: Terry Stewart, Interim City Manager DATE: August 15, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 RESOLUTION NO.43-14 QUALIFIED TARGET INDUSTRY TAX REFUND LOCAL MATCH- "PROJECT OBSIDIAN" BACKGROUND On April 3, 2012, the City Commission approved Resolution No. 21-12, creating the Delray Beach Economic Development Fund. The purpose of the fund was to support citywide economic opportunities (i.e., financial incentives) to attract and/or retain jobs as well as to increase the City's tax base. This Fund has been set up to serve as the funding mechanism to provide the required financial match to leverage State and County financial incentives for the retention and recruitment of businesses to Delray Beach. In addition, the City Commission took additional action on December 11, 2012 approving Resolution No. 62-12 approving Delray Beach's Incentive Policy and Programs including the Job Creation Incentive Program which allows for the City's participation for up to the 20% local match in the State of Florida's QTI program. The City was approached by the Business Development Board of Palm Beach County in early June 2014 about the interests of Project Obsidian to do an expansion in Delray Beach. And while it was the intention of the Office of Economic Development at the time to support the project, I decided as the new Economic Development Director to postpone moving it forward to the City Commission until I could meet the company's representatives, understand their needs and plans for growth and assess the project's benefits. Project Obsidian is an existing financial services company in Delray Beach that currently has seventy- five (75) full-time employees with average wages exceeding the county average wage. The company does specialty factoring; purchasing of illiquid assets such as structured settlements and annuity payments. The company purchases structured settlements and annuities for lump sums on a national basis from their offices located in Delray Beach, Florida. The company's senior management team has a combined 25+years of experience. Project Obsidian was recently established as a new business unit of its parent company and began operations in Delray Beach office space along Congress Avenue in May 2014. The parent company has an aggressive growth plan for the company and is expecting to double its current employees over the next three years. Since the parent company and most of the senior executives are based outside of the State of Florida, and a majority of the business done by the company is outside of Florida, Project Obsidian could choose to do the expansion in any of the following competitor locations including: New York(New York County),New Jersey(Bergen County), Texas (Harris County) Project Obsidian has indicated that South Florida does provide access to a pool of qualified workforce, which is the primary reason that the Delray Beach location is in the list of potential locations for the expansion. If Project Obsidian chooses to do the expansion in Delray Beach, it would: § Retain 75 jobs § Create 75 new jobs with an average wage of$70,629 (150% of the county average) § Make a capital investment of$1,500,000 § Generate a positive economic impact of more than $40 million as projected by the Business Development Board of Palm Beach County. The company is seeking the following incentives from the State of Florida and the City of Delray Beach: Total Package Estimate: $450,000 Total State Portion - $360,000 Total Local-Delray Beach Match (20%) —$90,000 It is noted that Project Obsidian is being deemed a qualified target industry business and one that is also within a designated high impact sector — Financial Services — because of the NAICS code affirmed on their application. Additionally, they are being recommended for approval because they are: § Submitting an application before making a decision to expand § Creating at least 10 net new full-time jobs (per their application) § Paying an average annual wage of at least 115% of Palm Beach County avg. wage - $47,086. Project Obsidian is actually estimating to pay 150% of the avg. county wage. The QTI application process requires the City of Delray Beach to adopt a resolution recommending that the project be approved as a qualified target industry business within a designated high impact sector and specifying that the commitment of local financial support necessary for the target industry business exists. From the City of Delray Beach's point of view, this project is recommended for support because it is: 1) in a growing target industry (financial services); 2) is a headquarters operation located within a critical economic development corridor and; 3) is helping to drive down vacancy rates in our office market which currently stands at a high of 26%. FISCAL NOTES The necessary cash commitment of local financial support for the Qualified Target Industry Tax Refund Program exists for Project Obsidian in the total amount of $90,000 and this amount will be made available in accordance with the guidelines set forth the by the Department of Economic Opportunity with the stipulation that these funds are intended to representative the "local financial support"required by s.288.106, Florida Statutes. Once approved, the five annual payouts by the City of Delray Beach (see below chart for details and expected timing) to the State of Florida Economic Development Trust Fund will be only be released once the State of Florida certifies and notifies the City that Project Obsidian has met the job creation criteria as a part of the Qualified Target Industry Tax Refund Agreement Project Obsidian will execute with the State of Florida Department of Economic Opportunity. The Office of Economic Development has determined in conjunction with the Chief Financial Officer that funds are available in the Delray Beach Economic Development Fund to support the project if the City Commission chooses to do so. OTHER NOTES In Delray Beach's Job Creation Incentive (JCI) Program Guidelines (see attached), base awards per job from $250 to $1,000 per job created have been set along with a minimum and maximum amount which can be awarded per applicant ranging from $10,000 to $50,000 with "the potential for a larger award upon recommendation by the City Manager and Economic Development Director. The City Manager and the Economic Development Director are recommending a higher level of investment for Project Obsidian - $1,200 per job created and$90,000 in total—due to the previous stated reasons. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission is approval of a Qualified Target Industry Tax Refund (QTI) Local Match for "Project Obsidian" - a Delray Beach Financial Services Headquarters business entitled to be made confidential pursuant to Florida Statutes, Section 288.075 - to encourage the creation of seventy-five (75) new high-wage jobs and the retention of seventy-five (75) existing jobs with a 20% QTI Local Match contribution in the amount of$90,000 paid out in five annual installments and only after the jobs have been created and business taxes have been paid to the State of Florida. RECOMMENDATION Staff recommends approval of Resolution No. 43-14 to encourage the creation of seventy-five (75)new high-wage jobs and the retention of seventy-five (75) existing jobs by Project Obsidian, an existing financial services headquarters company located in the City of Delray Beach. RESOLUTION NUMBER 43-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING PROJECT OBSIDIAN BE CONDITIONALLY APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING CONDITIONAL APPROVAL FOR LOCAL FINANCIAL SUPPORT FOR THE QUALIFIED TARGET INDUSTRY TAX REFUND WITH HIGH-IMPACT SECTOR BONUS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a financial services company which is entitled to maintain confidentiality pursuant to s.288.075 Florida Statutes and which for the purposes of this resolution shall be referred to as "PROJECT OBSIDIAN"; and WHEREAS, PROJECT OBSIDIAN is an existing financial services company in Delray Beach that currently has seventy-five (75) full-time employees whose average wage exceeds the Palm Beach county average wage;and WHEREAS, PROJECT OBSIDIAN, a wholly owned subsidiary of its parent company, has represented to the City that it has an aggressive growth plan, and that it is expecting to double its current employees over the next three years. It has also represented that its parent company and most of its senior executives are based outside of the State of Florida, that a majority of the business done by the parent company is outside of Florida, and that PROJECT OBSIDIAN could choose to expand its offices in New York, New Jersey or Texas; and WHEREAS, the Economic Development Director of the City of Delray Beach has identified PROJECT OBSIDIAN as a Target Industry business that falls within one of the high- impact sectors designated under s.288.108, Florida Statutes, specifically financial services, and is eligible to apply for the Qualified Target Industry Tax Refund with a High-Impact Sector Bonus, pursuant to s.288.106, Florida Statutes;and WHEREAS, PROJECT OBSIDIAN has requested financial support in the amount of twenty percent (20%) of the total tax refund in order to be eligible for the Qualified Target Industry Tax Refund Program pursuant s.288.106, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City of Delray Beach hereby recommends PROJECT OBSIDIAN be conditionally approved as a Qualified Target Industry Business pursuant to s.288.106, Florida Statutes, subject to State of Florida approvals, compliance with all City of Delray Beach guidelines, and the execution of an acceptable Tax Refund Grant Agreement. Section 2. That the City of Delray Beach recognizes that Project Obsidian is obligated to fulfill its commitment to provide additional jobs at an average wage of 150% of the Palm Beach County average annual wage. Section 3. That the City of Delray Beach conditionally approves funding for PROJECT OBSIDIAN for a Qualified Target Industry Tax Refund with a High-Impact Sector Bonus in an amount not to exceed $90,000, subject to State of Florida approvals, compliance with all City of Delray Beach guidelines, and the execution of an acceptable Tax Refund Grant Agreement. Section 4. That the funds will be made available in accordance with the guidelines set forth by the Florida Department of Economic Opportunity with the stipulation that these funds are intended to represent local financial support pursuant to s.288.106, Florida Statutes. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of , 2014. MAYOR ATTEST: City Clerk 2 Res No. 43-14 JOB CREATION INCENTIVE PROGRAM CITY OF DELRAY BEACH, FLORIDA PROGRAM GUIDELINES I. FUND AMOUNT:The total funds allocated to the Job Creation Incentive (JCI) Program will be identified in the economic development program budget for the fiscal year, which is entirely contingent on approval by the City Commissioners of the City of Delray Beach. II. OVERALL GOAL: Support the economic stimulus of the City of Delray Beach to achieve an appreciable long term expansion of the local economy, enhance the prospects for business growth, and provide additional full time employment opportunities (preferably skilled and good paying jobs)for the residents of the City of Delray Beach. ELIGIBILITY CRITERIA III.APPLICATION SELECTION CRITERIA: 1. Intent of Incentive Program Relocation or expansion of commercial, industrial, office, and agricultural-related entities within the City of Delray Beach (retail, restaurant and other similar service businesses are ineligible), which create new employment opportunities for residents; and which also meet one or more of the following important considerations a) involve a targeted cluster industry (as identified by Enterprise Florida); b) locate/expand in areas of Delray Beach targeted for economic development or redevelopment; c) add to the diversity of the local economy; d) substantially contribute to increasing the ad-valorem tax base of Delray Beach; e) involve a major investment, such as construction or renovation of a facility. 11-20-2012-1 2. Job & Salary Commitments Relocation or expansion projects will be required to: a) create and/or relocate 20 or more new full time non-retail jobs in Delray Beach; and b) pay an average annual salary at or above the current average annual salary for all privately owned businesses in Palm Beach County. 3. JCI Grant Average Annual Salary Identification The applicant will identify and commit to providing an average annual salary for the new jobs which will be at or above the current average annual salary in Palm Beach County (average of all local privately-owned businesses). An important consideration to the City of Delray Beach is whether an applicant will commit to paying a high or very high average annual salary for the newly created/relocated jobs which exceeds or preferably far exceeds the County's average annual wage(private sector only). A business proposing to pay a high or very high salary for the new jobs might possibly increase the prospects that the City leadership will support increasing the amount of the award per job and thereby the total grant amount. The applicant will be required in the JCI application to identify two average annual salaries for the new jobs: a)All New Jobs. Identify the average annualized salary for all new jobs. Include all exempt and non-exempt employees and all officers and senior corporate executives that will represent the total number of new full time jobs to be created/relocated in Delray Beach. b) Non-Executive Jobs Only. Identify the average salary per annum of the new exempt and non-exempt employees only; exclude from these calculations the average annual salary of the officers and senior corporate executives which are included in (a) above. The salary figure(excluding benefits)for(a) above will be the salary commitment in the agreement and is derived according to(c) below. c) Determining Average Annual Salary of New Jobs. The salary commitment that the applicant identifies in the application will be based on the wage criteria of the Quarterly Census of Employment and Wages Program (QCEWP), also referred to as the ES-202 Program ( * see below). Include total pay for work, earned wages and remuneration on an annual basis, including: Direct actual salaries, tips, bonuses, commissions, overtime, stock options, drawing accounts (against future earnings), paid leave, sick pay, vacation pay, and other 11-20-2012-2 payments such as cash value of meals and lodging, and employer contributions to deferred compensation plans including 401(k) plans. Excluded benefits: Employer contributions to Old-age, Survivors', and Disability Insurance (OASDI), health, life and unemployment insurance, worker's compensation, private pension and welfare funds. *The QCEWP/ES-202 Program is a cooperative program involving the Bureau of Labor Statistics (BLS)of the U.S. Department of Labor and at the state level the State Employment Security Agencies (SESAs). In Florida, the ES-202 Program is under the jurisdiction of the Department of Economic Opportunity. Florida Department of Economic Opportunity: www.floridamobs.org e-mail: gcew @deo.mvflorida.com U.S. Bureau of Labor Statistics: www.bls.gov/cew/cewover.htm 4. New Job Performance, Maintenance &Verification a)The required number of jobs will be provided and filled (i.e., any position or job classification identified on the payroll that is actually filled by a new employee)within an agreed to number of months of the commencement date of the grant agreement. b)The company and Delray Beach will negotiate a job creation/relocation timeframe, which generally can range from 12 months to 36 months (e.g., 17 months, 22 months, 34 months, etc.). c) Section VII below elaborates on the requirements for the audit that the independent Certified Public Accountant(CPA) must adhere to in order for the performance audit that is completed by the CPA to be deemed acceptable to Palm Beach County; and d)The new jobs will be maintained at minimum for an additional 24 months, commencing upon the company providing Delray Beach with an independent audit providing verification of compliance by the company with the performance standards of the grant agreement. 5. Exceptions to Criteria The Economic Development Director may recommend applying criteria to a particular application that differs from the standard criteria set forth above in order to insure compliance with the goals and mandates of the JCI Grant Program. City Management must initially review and support any exceptions to the program criteria.This is in order for the Economic Development Director at a later date to present a JCI grant agreement to the City Commission which recommends that the Commission: 11-20-2012-3 a)waive a standard criteria of the JCI Program (note:waiver is rarely considered or justified); and b) approve the grant agreement. IV. GRANT LIMITS 1. Base Award Per Job The base award per application will be from $250 to $1,000 per job created. The Economic Development Director and City Manager may recommend deviations from this base award amount as circumstances warrant. The Economic Development Director submits a recommendation to City Administration for a final decision on the amount of the award per job. The AWARD PER JOB GUIDELINES are identified in EXHIBIT"B". 2. Maximum Grant Award The maximum award per application is$50,000,with the potential for a larger award upon recommendation by the City Manager and Economic Development Director.The final determination on the recommendation of the total award amount can only be made by the City Commission. 3. Minimum Grant Award The minimum award per application is$10,000. V. ELIGIBLE FUND USES: Grant funds will be disbursed as reimbursement for expenses related to the relocation/expansion project. The categories of ELIGIBLE REIMBURSABLES are identified below and in EXHIBIT"A: a) Payment of impact fees and special assessents b) Land improvement costs c) Environmental compliance d) Leasehold improvements e) Construction and renovation costs c) Employee hiring and training g) Relocating company assets h) Local match for state tax refund program 11-20-2012-4 Irrespective of the documented reimbursable expenses submitted, disbursements will be limited to the verified per-job grant award times the number of jobs created as documented in the independent accountant's performance report. VI. DEFINITIONS New Job—A full time or equivalent job (minimum of 2,080 hours annually)that is created in or relocated to the City of Delray Beach which adds to the City's total job base, adds incrementally to the company's payroll, results in a net increase in the number of employees, and involves only a new employee working on-site at the company's facility that is located in Delray Beach. A full time or equivalent job may include permanent salaried, part-time, leased employees, and contractors and subcontractors. Relocating Employee—A full time or equivalent employee currently identified on the company's payroll that is being relocated to Delray Beach. VII. PROGRAM PROCESS 1. JCI Fund—City Commission establishes funding for JCI Grant Program through the annual budget process. 2. Economic Development Director Assistance—The applicant is encouraged to request assistance from the Economic Development Director for the City of Delray Beach to help determine whether the company will qualify under the JCI Program's eligibility criteria. a)The Economic Development Director will assist the company to completely and satisfactorily fill out the application and submit it (enclosing all required documentation)to the City Manager for consideration by the Delray Beach City Commission. b)The application will identify the total number of new full time jobs and the average annual salary(excluding benefits) of the newjobs. c) For an expansion project of a business currently located in Delray Beach, the Economic Development Director will ensure that the applicant provides a certified or notarized letter by an officer of the company verifying the current number of full time employees on its payroll in Delray Beach at the time of application. d)The involvement of the Economic Development Director in the application process provides the City of Delray Beach with additional input on an application, which is helpful in as much as there may be competition among applicants for funding assistance. JCI funds may be limited in any fiscal year. 11-20-2012-5 3. Application Submittal with Audited Financials FINANCIAL AUDIT—The Business submits the JCI application to City Management for processing by the Economic Development Director with independent CPA audited financial statements for the most recent three (3)years included. Exception: a) Business has existed less than three (3)years; b) In instances where independently audited financial statements for most recent three (3), two (2) or one (1)years are submitted by a business for its subsidiary,with the subsidiary business identified as the JCI applicant on the application form, the parent or holding company of the subsidiary applicant must therefore agree to be a party to and co-signee of a JCI grant agreement along with the subsidiary applicant signing (and thereby obligated per)the agreement. c)Tax returns for the most recent three (3)years may be submitted in lieu of independent audited statements for most recent three (3)years for a business which is not required by federal, state or financial institution regulatory requirements or policies to have audited statements prepared for its business and operations.The applicant must however explain in writing when the JCI application is submitted to City Management which federal, state or financial institution regulatory requirements or policies do not require the company to have audited statements prepared. The applicant must identify whether it is a publicly held company or a privately held company. d) In the event the date of the most recent audited statements indicate that more than six(6) months will have elapsed since their preparation and the anticipated date of the completion/submittal of the JCI application to the Economic Development Director,the applicant may be required to provide interim financial statements to the City,which may be prepared internally. e)The audit at the time of application, which must be performed by an independent CPA and provided on the CPA's letterhead, must be an audit for which the auditor did "examine"the applicant company's financial statements and expresses a written "opinion"on the financial statements; (i.e., "in our opinion"). f)The examination must be conducted in accordance with standards established by the American Institute of Certified Public Accountants. g)The applicant's annual report to stockholders, including an independent accountant's report is acceptable, provided audited financial data for three (3)years is included. h) A report by an independent CPA that is a "review or agreed-upon procedures report" on the financial statements is unacceptable to the City of Delray Beach, and will result in the following: 11-20-2012-6 i)Applicant is informed by staff that the application cannot be processed unless the company provides the City of Delray Beach with appropriate audited documentation as specified above. ii) Upon receipt of the appropriate audited documentation, processing can continue. iii)Within a reasonable and mutually agreed to period of time, if the applicant either cannot or does not provide City staff with the appropriate audited documentation, processing of the application will cease. Application will be considered null and void. i) Economic Development Director reviews and screens application. Economic Development Director may, if it is deemed necessary for a complete review, forward an application to an appropriate designee having expertise in a given industry. j) All financial statements and application are forwarded to the City of Delray Beach Finance Director for review and comment. k)Whenever the financials or consolidated financials of a parent or holding company are submitted with the application on behalf of and in lieu of financials of the actual applicant, which is a subsidiary of the parent/holding company, the parent/holding company must be party(i.e., additional signee)to any future agreement. Under these circumstances,the name of the business entity for whom the financials pertain and the name of the applicant business will both appear in the grant agreement. Any proprietary confidential business information submitted to the City as part of the incentive application processes is exempt from the public records law provided the requirements for exemptions, such as receiving a request for the information to be kept confidential,will be kept confidential subject to and in accordance with Section 288.075 Florida Statutes. 4. Review Completion &Application Disposition a)After initial screening of the application by the Economic Development Director, and Finance Director's review of the applicant's financials,the Economic Development Director,the City Finance Director and the City Manager will meet to review the application in order to determine whether the City will issue a Letter of Intent recommending that the City Commission approve a JCI grant award for the applicant or release a Letter of Denial to the company. b) In the event of a Letter of Denial, City Management will give the company additional time to provide any pertinent documentation and/or clarification that the company believes might alter the City Management's disposition to not support the application and to not recommend a grant award. 11-20-2012-7 5. Notice of Intent a) Following City Management's issuance of a written notice of intent(with negotiated grant agreement enclosed)to recommend approval of a JCI application,the company has 60 days to finalize (execute and return)the agreement for processing in anticipation of City Commission action. b) Failure to complete the agreement within this 60 day period will nullify the recommendation. However, the company may request a time extension on executing the agreement. The request should be submitted in writing prior to expiration of the 60 day period. c) City Management will review the request and determine whether to grant a time extension for the company to execute the agreement and return same to the EDO. d)A notice of intent issued without a grant agreement enclosed, which normally occurs due to timing considerations, will require that the company and the City Economic Development Director immediately begin negotiating an agreement. 6. Grant Submittal to City Commission a) Upon receipt of an executed grant agreement from the company, the City Manager and the Economic Development Director prepare an agenda item on the JCI grant agreement for presentation to the City Commission for approval and execution. b)The Delray Beach City Commission, at its sole discretion, may accept, reject or modify any grant agreement. 7. Grant Performance Compliance & Reimbursement Procedure a) Upon the company satisfying the new job and salary commitments of the JCI grant, the company may seek reimbursement for eligible costs. b) Pursuant to the agreement, the company submits the reimbursement request to the Economic Development Director, which must be accompanied by the CPA's report on the jobs created/relocated, the average annualized salary of the new jobs and the invoices, as specified in (c) and (d) which follow below. c) INVOICE DOCUMENTATION: City Finance Director reviews invoices and supporting documentation from a grantee, checks the invoices for compliance with grant agreement and JCI Grant Program. i)The grant funds will be provided only for reimbursement of expenses set forth in the list of Eligible Reimbursables, which will be identified in the JCI agreement. 11-20-2012-8 ii) Reimbursable expenses must not occur and thus must not be dated prior to the commencement date of the JCI agreement, and must be directly related to the applicant's relocation/expansion project in Delray Beach. iii)All reimbursement requests must adequately describe the expenses and establish that the expense was actually incurred by the company in association with the applicant's relocated or expanded business operations in Delray Beach. iv) Refer to#10 below in the event any grant funds will be reserved for a local match requirement. d) PERFORMANCE AUDIT: Reimbursement requests must be submitted to the Economic Development Director and accompanied by documentation satisfactory to the City of Delray Beach, including an examination by an independent CPA as set forth below. i)The JCI agreement will require that there be an independent examination by a CPA to verify the accuracy of the number of the new full time jobs which were created and/or relocated pursuant to the JCI agreement, and the average annual salary(excluding benefits) of those new jobs. ii)This audit must be performed by an independent CPA, must be provided on the CPA's letterhead, and must be an audit for which the auditor did "examine" the grantee's representations for the facility located in the City of Delray Beach. The CPA must express a written "opinion"on the attached schedule(s) of new jobs created/relocated and the average annualized salary for the jobs created/relocated. iii)The examination must be conducted in accordance with standards established by the American Institute of Certified Public Accountants and include examining evidence supporting the company's schedules of new jobs and average annualized salary of the new jobs. iv) An audit by an independent CPA that is a "review or agreed-upon procedures report" concerning the company's schedules is unacceptable to the City of Delray Beach. v)Applicant is informed by staff that the review of the audit and reimbursement request cannot move forward until the company provides the City of Delray Beach with the appropriate audited documentation specified above. vi) Upon receipt of the appropriate audited documentation, processing can continue. 11-20-2012-9 vii)Within a reasonable and mutually agreed to period of time, if the grantee either cannot or does not provide City staff with the appropriate audited documentation, processing of the audit and reimbursement request will cease. Pursuant to the terms of the JCI grant agreement, the agreement will automatically terminate if the grantee is unable to comply with the audit and timeframe provisions of the grant agreement. viii)Thus, the City Finance Director will not process invoices for payment until grantee meets the agreed upon performance measures as verified by an independent audit. 8. QTI Matching Payment — The City Finance Director will reserve and not release any funds from the grant directly to the company that may be required as the local match under the State of Florida Qualified Targeted Industry Tax Refund Program, as explained further below. 9. Eligible Costs Dispute & Resolution— If there is any dispute over the eligibility of costs submitted for reimbursement, such dispute shall be submitted to the City Manager for final resolution. 10. Qualified Target Industry Tax Refund Program— In the event the company enters into an agreement with the State of Florida to receive State tax refunds pursuant to the State of Florida Qualified Target Industry(QTI)Tax Refund Program as set forth in Chapter 288, Florida Statutes, as may be amended, the following shall apply: a) Maximum Match Amount. An applicant may choose to seek a JCI grant without initially seeking QTI Program benefits. Any grant funds provided for under a JCI agreement may be used by Delray Beach as reimbursement toward the required QTI local match of up to 20%. The total match amount provided by the City may exceed the total JCI grant provided, however it is not intended to be in addition to the JCI grant amount. b) Match Payment Procedure.The grant funds paid by the City on behalf of the company as part of the required QTI local match, and as provided for under an agreement, shall be paid directly by the City to the State of Florida Economic Development Trust Fund in accordance with the QTI Program. c) QTI Commitment Nullified. If the company does not satisfy all of its QTI contractual obligations with the State of Florida, which results in the termination of the QTI agreement, but complies fully with its grant commitments with the City,the company shall be entitled to seek reimbursement of expenditures of funds pursuant to its JCI grant. However, any funds that may have been provided to the State of Florida toward the QTI match shall be subtracted from the total grant amount. 11-20-2012-10 11. Grant Maintenance Compliance a) MAINTENANCE REPORT—The JCI agreement will require the submittal of an agreed upon procedures report to the Economic Development Director to verify that the number of new full time jobs which were created and/or relocated (for which the company was reimbursed based on the specified award per job) have been maintained for an additional 24 months, and at the average annual salary identified in the performance audit. b)The 24 month job maintenance period will immediately commence upon the company having been reimbursed by the Finance Office following the determination as to the extent of the grantee's compliance with the JCI agreement. c)The agreed-upon procedures report must be performed by an independent CPA, provided on the CPA's letterhead, involve the auditor's testing of the grantee's payroll records and representations on the positions maintained at the required wage level for the facility located in Delray Beach pursuant to the JCI contractual obligations, and identify the procedures performed by the CPA in accordance with standards established by the American Institute of Certified Public Accountants. Procedures will include testing of not less than eight (8) payrolls to determine the number of maintained employees in Delray Beach and the average annual salary during the maintenance period.The report must be satisfactory to the City in its sole discretion. d)The company will be informed by City staff whenever the review of the job maintenance report cannot move forward until the company provides the City of Delray Beach with additional, appropriate documentation, as specified. e) Upon receipt of the appropriate documentation, processing of the report can continue. f)Within a reasonable and mutually agreed to period of time, if the grantee either cannot or does not provide City staff with the necessary and appropriate documentation, processing of the report will cease. Pursuant to the terms of the JCI agreement, the agreement will automatically terminate if the grantee is unable to comply with the job maintenance provisions of the agreement. g) Under the circumstances of(f) above and according to the terms of the JCI agreement, the City will seek a refund from the grantee of the funds provided to the grantee based on the performance audit and the amount of the award per job. (Calculation:total refund amount is number of jobs not maintained times actual amount of award per job.) 11-20-2012-11 h)The Economic Development Director will inform the grantee, the pertinent City departments and the City Manager as to the final outcome and disposition of the maintenance report following staff completing its review of the report. 12. Business Survey—The Economic Development Director will periodically distribute a Business Survey to the recipients of a JCI grant award to determine the ongoing economic impact of the relocation or expansion.The results of the survey will be forwarded to City Management and the City Commission. VIII. PROGRAM INQUIRES Inquiries on the Job Creation Incentive Grant Program, including obtaining a complete application packet, should be directed to: Joan K. Goodrich, Economic Development Director City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 PHONE (561) 243-7009 e-mail: goodrich @mvdelraybeach.com In addition, questions concerning the State of Florida Qualified Target Industry(QTI)Tax Refund Program, and the possible use of Palm Beach County's funds toward the required local match under the State's QTI Program, may be handled by either: Palm Beach County Office of Sustainable Economic Development P.O. Box 1989, West Palm Beach, FL 33402-1989 301 N. Olive Avenue, West Palm Beach, FL 33401 - 10th Floor PHONE (561) 355-3624 FAX (561) 355-6017 www.pbcgov.com/edo or Business Development Board of Palm Beach County, Inc. 301 Evernia Street, West Palm Beach, FL 33401 PHONE (561) 835-1008 FAX (561) 835-1160 www.bdb.org 11-20-2012-12 In addition to satisfying the above identified requirements of the Job Creation Incentive Grant Program Guidelines, the applicant is advised: Not to employ or retain any company or person, other than a bona fide employee working solely for the applicant, to solicit or secure the grant award, and not pay or agree to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the applicant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of the grant award. Targeted Cluster Industry(industries identified are subject to change;the Delray Beach City Commission may add/delete targeted local industries) aerospace/engineering marine agribusiness/equine medical/ pharmaceutical/health care business/financial services science/technology communications/ information technology tourism/ recreation/entertainment 11-20-2012-13 EXHIBIT "A" ELIGIBLE REIMBURSABLES USE OF FUNDS JCI grant funds may be used to reimburse a company for the following expenses associated with the expansion of an existing local business and/or relocation of a company to Delray Beach. Invoices submitted for reimbursement must be accompanied by copies of canceled checks, with the front and back sides of the canceled checks copied. 1. Payment of Impact Fees and Special Assessments (a) Impact fees assessed by Palm Beach County include fees for roads, parks, fire-rescue, libraries, law enforcement, and public buildings. (b) Impact fees assessed by local governments and special assessments by special districts. 2. Land Improvement Costs (a) Off-site land improvements. (b) Road improvements. (c) Construction of recreational facilities open to the public. (d) Reimbursement for any government required dedications. (e)Water and sewer connection fees. (f)Telecommunication connection fees and costs. (g) Infrastructure design and construction plan preparation. (h) Drainage facilities in conjunction with new roadway construction or on-site improvements. (i) Construction of new curbs, curb cuts, medians, shoulders and sidewalks. (j) Relocating utilities to accommodate new roadway construction. (k) Facade redevelopment in eligible community redevelopment agency or downtown development authority designated areas subject to prior approval of all governing bodies. (1) Landscaping and road beautification costs. (m)All fees and dedications required by entities other than Delray Beach (subject to prior approval by the City Manager and the City's Economic Development Director). 11-20-2012-14 (n) Palm Beach County &City of Delray Beach permitting, licensing, or other approval costs associated with land improvements. 3. Environmental Compliance (a) Costs associated with design and installation of equipment needed for compliance with existing federal, state, and local environmental standards. (b) Costs associated with asbestos removal. 4. Leasehold Improvements (a) Costs of improvements to leased property required by expansion or relocation, including wiring and other installation costs involving communication and computer systems. 5. Construction and Renovation Costs (a) Costs of constructing or renovating the real property for which a company must possess title,with such costs directly related to the expansion or relocation. (b)Architect, design and technical fees associated with the expansion or relocation. 6. Employee Hiring and Training (a) Costs associated with providing for employee hiring and training, such as advertising,job fairs, and reasonable hotel and transportation costs for employee training. All out of town travel by trainers and trainees (new employees) directly necessitated by the expansion or relocation must be fully documented and will be reimbursed in accordance with the provisions of Florida Statute, Chapter 112, Part I, 112.061;www.leg.state.fl.us (select: Statutes &Constitution). 7. Relocating Company Assets (a) Costs associated with relocation of company assets required by expansion or relocation. 8. Local Match for State Tax Refund Program (a) Up to 20%of State Tax refund subject to State Law and procedures established pursuant to this Job Creation Incentive Grant Program. 11-20-2012-15 EXHIBIT "B" AWARD PER JOB GUIDELINES The awards per job identified below are only guidelines.The award per job is not based solely on the number of jobs. Other factors influence establishing an appropriate amount for the award per job, including but not limited to: applicant company is a targeted industry; relocation/expansion site is in a development area and/or enterprise zone; involves construction/renovation of a facility; average annual salary of new jobs; limited available funds in Economic Development Incentive Fund; and competition among applicants for the remaining funds. Also shown below is the required job maintenance period that immediately follows the job creation period. NUMBER OF AMOUNT OF MINIMUM REQUIRED JOB NEW JOBS AWARD PER JOB MAINTENANCE PERIOD 20 -49 $ 250 - 500 48 months 50-99 $ 500 - 750 48 months 100 + $ 750 - 1,000 60 months OTHER FACTORS Targeted Cluster Industry Aerospace/Engineering Marine Agribusiness/Equine Medical/Pharmaceutical/Health Care Business/Financial Services Science/Technology Communications/Information Technology Tourism/Recreation/Entertainment Relocation/Expansion Site & Facility in Delray Beach The site is within a targeted development area and/or Florida enterprise zone Involves major investment, including construction or renovation of a facility Average Salary of New Jobs Applicant will meet or exceed Palm Beach County's average annual wage as defined by Workforce Alliance (figure excludes benefits) or applicant will provide a high to very high average annual salary(far in excess of Palm Beach County's average annual wage) 11-20-2012-16 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: August 19, 2014 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 CONTRACT FOR PURCHASE AND SALEXANNERY ROW,LLC BACKGROUND The City entered into a Development Agreement ("Agreement") with Cannery Row, LLC ("Developer") on May 8, 2007. As part of the Development Agreement, the City agreed to waive the required park impact fee in exchange for the dedication of a small pocket park located at the northeast corner of the development (Tract G). The Agreement further provided that the Developer and City would enter into a contract for purchase and sale containing the following three options: 1. An option for the City, in its sole discretion, to purchase a condominium unit (an unfinished shell structure, containing approximately 3000 sq. ft.) on Lot 12. The Developer would convey the unit to the City for the actual costs incurred, not to exceed $530,000.00. The closing would be scheduled to take place after the City issues a Certificate of Occupancy for the unit. The City would become a member of the Homeowner's Association and would be responsible for all HOA fees, except for fees relating to certain common area facilities that would not be used by the City. The unit must be used for community purposes or City projects. 2. An option for the City, in its sole discretion, to purchase Lot 12, for the sum of $200,000. The Developer will also provide, at its cost, landscaping and irrigation. The use of the lot will be restricted to park purposes. The City will be responsible for future utility costs. 3. Terminate the purchase and sale agreement, without penalty, and without exercising either of the options above. Prior to the City selecting any of the options listed above, the Developer must first provide sixty (60) days written notice that it intends to apply for a building permit for construction of the building where the community facility condominium unit will be located. This notice was received on July 16, 2014. Unless the City timely elects among the three options, the contract for sale and purchase will terminate. The City Commission will also recall, when this item was last on the agenda on July 15, 2014, the Commission was asked to consider whether or not to approve an amendment to the Agreement which granted the City a fourth option for the dedication of an additional pocket park known as "Parcel O" located at the southeast corner of the development. The Developer would dedicate the park at no expense. The Developer would also provide, at its cost, irrigation, landscaping, and paver bricks, with the Homeowners Association providing all maintenance. The City would be required to pay future utility costs. After a lengthy debate, the Commission made a motion to approve an amendment to the Agreement by a 2-2 vote (NO ACTION). As part of my due diligence in preparing this item for Commission action, I have asked the Developer, through counsel, whether the offer for Parcel O as presented to the Commission on July 15th is still available to the City. The Developer's counsel, in a lengthy letter expressing his disappointment at the City's failure to exercise the option for this park dedication, did however affirm that the Developer is willing to extend the offer for the pocket park dedication, even though not legally obligated to do so, on the same terms as previously proposed. The offer is extended through the date of this meeting. The purpose of this item is to seek direction among which of the four options described above the City wishes to select. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Pursuant to the terms of the contract for purchase and sale, the City has until September 14th, to elect among the three options listed above. The Developer has also extended its prior offer for dedication of Parcel O, on the same terms as previously proposed as a fourth option. TIMING OF THE REQUEST This item is time sensitive, as the sixty (60) day time period will expire September 14th, and the offer for Parcel O park dedication extends for the duration of this meeting. RECOMMENDATION The City Attorney's office and the City Manager recognize the City Commission has discretion to select among the four available options described above, however, the City Attorney and City Manager believe there should be serious consideration for the option to accept Parcel O as a dedicated pocket park. Among the factors which cause us to suggest this option are; (i) there no longer appears to be a high level of interest in acquiring the community facility unit for city/community purposes,(ii) the CRA has amended its budget to eliminate financial support to acquire the condominium unit, (iii) the popularity of Artists Alley as a destination for local artists, thus reducing the need for the condominium unit, and(iv)the ability to obtain an additional pocket park within the development at no expense. McDonald Hopkins McDonald Hopkins LLC p505 South Flogler Drive A business advisory and advocacy law firm® Suite 300 West Palm Beach,FL 33401 Direct Dial: 561.659.1799 P 1.561.472.2121 Email: jmetzger@mcdonaldhopkins.com F 1.561.472.2122 July 16,2014 VIA E-MAIL AND FEDERAL FXPR .4 Noel M. Pfeffer,Esq. City Attorney City of Delray Beach 200 NW 1st Avenue Delray Beach, FL 33444 RE: Purchase and Sale Agreement dated as of July 31, 2007 (the "Sale Agreement") by and between the City of Delray Beach ("Buyer") and Cannery Row,LLC ("Seller"); Seller's Notice to Proceed (capitalized terms in this letter have the meanings set forth in the Sale Agreement.) Dear Mr. Pfeffer: As you are aware, this firm represents the Seller in connection with the Sale Agreement. It is regretful that, last evening, the City Commission did not accept the Seller's offer to provide the City, for nominal consideration, with an improved and perpetually maintained pocket park for public use. Although the merits of the Seller's offer were self evident, and seemingly supported by City staff, less than a majority of the voting Commissioners were willing to accept the proposal for reasons that are not entirely clear to me. Nevertheless, as a result of the City Commission's rejection of that offer, the Seller has no choice but to request the City's timely compliance with the Sale Agreement by making an election,within 60 days from the date hereof, of its options to purchase under the Sale Agreement. Accordingly, pursuant to Section 41 of the Sale Agreement, this letter constitutes the Seller's Notice to Proceed, and, as such, Seller is hereby providing the City, as the"Buyer",with sixty (60) days notice that Seller intends to apply for building permits and proceed with the construction for the building in which the Community Facility unit is to be constructed. Further, pursuant to Section 41 of the Sale Agreement, the City must notify the undersigned within sixty (60) days following receipt of this notice whether the City elects to either: "a) purchase the Community Facility unit at Seller's cost, not to exceed $530,000, as aforesaid; or b) purchase Lot 12, only, at Seller's cost of $200,000 for park purposes, as aforesaid; or c)terminate this Agreement without penalty to Buyer." {5008446:2} Chicago I Cleveland I Columbus I Detroit I Miami I West Palm Beach www.mcdonaldhopidns.com Noel M. Pfeffer, Esq. July 16,2014 Page 2 Lastly, pursuant to Section 41 of the Sale Agreement, if Seller does not receive notice of Buyer's election within sixty (60) days of receipt of this notice, Seller shall deem such failure to notify Seller as the Buyer's election to terminate the Sale Agreement in accordance with the terms and conditions of the Sale Agreement. We look forward to hearing from you. If you have any questions, please feel free to contact me. Very t y y s, Jo tzger {50osaa6:2} McDonald Hopkins A business advisory and advocacy law firma Prepared by and after recording return to: John T.Metzger,Esq. McDonald Hopkins LLC 505 S.Flagler Dr.,Suite 300 West Palm Beach,FL 33401 AMENDMENT TO THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT THIS AMENDMENT TO THE DEVELOPMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT(this "Amendment") is made and entered into as of this_day of 2014(the"Effective Date'), by and between CANNERY ROW LLC, a Florida limited liability company ("Seiler"), having an address of 220 George Bush Boulevard Delray Beach,FL 33444, and the CITY OF DELRAY BEACH,FLORIDA ("City'),having an address of 200 N.W. 1st Avenue Delray Beach, FL 33444, Attn: City Attorney, and, solely for the purposes of Section 5 hereof,joined by CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation (the "HOA'), having an address of 370 W. Cannery Row Circle Delray Beach,Florida 33444 RECITALS A. Seller is the developer of a certain residential townhome development located in the City of Delray Beach,Florida commonly known as Cannery Row,consisting generally of 82 townhomes and common area and recreational amenities related thereto and a city-owned corner park(the"Project"). B. Seller and City entered into that certain Agreement dated as of May 8, 2007,and recorded in Official Records Book 21718, Page 1822, Public Records of Palm Beach County, Florida(the"Development AgreemenfD. C. Pursuant to Section 3 of the Development Agreement, Seller and City entered into that certain Purchase and Sale Agreement dated as of July 31,2007(the"Purchase Agreement"), pursuant to which Seller agreed to sell to City, and City agreed to purchase from Seller, certain property located in the Project commonly known as Lot 12 of the Plat of Cannery Row as more particularly described in the Purchase Agreement(the"Lot"). D. Pursuant to Section 3 of the Development Agreement and Section 41 of the Purchase Agreement,the City,by virtue of this Amendment,has elected to purchase the Lot only (and not the Community Facility), to be used for park purposes only, pursuant to a dedication made by an amendment to the Plat, on the terms and conditions more particularly described herein. (4867527:3) E. Pursuant to F.S. 163.3237, the Development Agreement is being hereby amended by mutual consent of the parties. NOW, THEREFORE, in consideration of the respective agreements hereinafter set forth, Seller and City hereby agree as follows: 1. Defined Terms. Capitalized terms used, but not otherwise defined herein, shall have the meanings set forth in the Purchase Agreement. 2. Purchase of Park. Pursuant to the terms of Section 3 of the Development Agreement and Section 41(a) of the Purchase Agreement,the City hereby agrees to purchase the Lot (as modified by the Proposed Plat (defined below)) only (and not the Community Facility), to be used for park purposes only. The Lot will be dedicated to the City for use as a public park pursuant to the Proposed Plat as"Tract O", in much the same way as Tract"G", Plat of Cannery Row, has been dedicated by Seller to the City. The Lot, as modified by the Proposed Plat, is hereafter referred to herein as"Proposed Tract"O"". 3. Purchase Price. Notwithstanding anything to the contrary contained in the Purchase Agreement or the Development Agreement, and subject to the terms and conditions of this Agreement, the Purchase Price for Proposed Tract "O" shall be Ten and No/100 Dollars ($10.00). 4. Covenants. In consideration for the mutual promises set forth herein, Seller and the City hereby covenant and agree as follows: a. In no event shall Seller have any obligation to construct the Community Facility and any obligation therefor set forth in the Development Agreement, the Purchase Agreement or any other agreement between Seller and the City shall be deemed released and of no further force and effect. b. Promptly following the Effective Date, Seller will make application to the City for a minor site plan and plat amendment (the "Site Plan Amendment') to the Project for purposes of(a) eliminating the previously contemplated Community Facility, (b) incorporating plans for a public park (without any improvements other than water service for landscape irrigation) located on Proposed Tract "O" (the "Park"), (c) modifying the configuration of the Lot (and effectively Lots 11 and 13) substantially in accordance with the proposed plat attached hereto as Exhibit A(the"Proposed Plafl,and (d) dedicating Proposed Tract "O" to the City via the Proposed Plat for public park purposes. The Park shall be dedicated to the City in perpetuity pursuant to the Proposed Plat. The City agrees to cooperate with Seller, at no cost to the City, in connection with the Site Plan Amendment and Proposed Plat. C. The parties hereto acknowledge and agree that, because Proposed Tract "O" will be used solely for park purposes, the City will not be responsible to pay any assessments, fees or other dues to the Association pursuant to the terms of the Declaration of Covenants and Restrictions that encumbers the Project. {4867527:3} 2 d. In no event shall the City build any residential or commercial improvement or structure on Proposed Tract "O". In connection therewith and pursuant to the terms of the Purchase Agreement, the Proposed Plat shall contain appropriate restrictions allowing use of Proposed Tract "O" only as a park, and without any improvements thereto other than water service. e. Except as expressly set forth herein, the City will accept Proposed Tract "O" (i.e.,as reconfigured pursuant to the Site Plan Amendment and the Proposed Plat),in its "AS IS", "'WHERE IS" condition, without representation or warranty of any kind or nature. f. Within a reasonable period of time following the dedication of the Park to the City, Seller, at its sole cost and expense, shall_(i)provide irrigation to Proposed Tract "O"that the City can connect to an irrigation meter at City's expense, including all water utility usage charges,(ii)install landscaping and paver bricks for Proposed Tract"O"in a manner consistent with the landscaping scheme of the Project pursuant to a design plan made by the City and approved by Seller, and (iii) install an irrigation system for Proposed Tract"O". 5. Maintenance of Park. Seller shall cause the HOA, at its sole cost and expense,to be responsible for all(a)routine landscape maintenance and replacement(but not with respect to any landscape upgrades made by the City) and(b) irrigation system repairs and maintenance for both Proposed Tract "O" and the parcel previously dedicated to the City for park purposes known as Tract "G" on the Plat. By its joinder hereto, HOA agrees to perform and pay for all such maintenance described herein. Notwithstanding anything to the contrary contained herein, in no event shall the HOA have any obligations,responsibilities or liabilities relating to Proposed Tract"O"other than as expressly set forth herein. The City,at its sole cost and expense,shall be responsible for (i) any modifications to the landscape design and material, including, without limitation, the maintenance therefor, (ii) any and all utility costs for Proposed Tract "O", (iii)in the event the City desires electrical service on Proposed Tract "O", any costs to install and maintain such electrical service,and(iv)all costs to insure Proposed Tract"O". 6. Default. Notwithstanding any contrary provision in this Amendment, if any default occurs by any party hereto (the "Defaulting Party") in the performance or observance of any term, condition or covenant of this Amendment to be performed or observed by such party, which default is not cured within thirty(30) days after the giving of written notice from a non- defaulting party (the "Non-Defaulting Party") to the Defaulting Party (unless such default is a non-monetary default and is of a nature that it cannot be cured within such thirty(30)day period, in which case the period to cure such default shall be extended so long as the Defaulting Party shall have commenced the curing of such default within such thirty(30) day period and shall thereafter diligently and continuously prosecute the curing of same and shall completely cure such default as promptly as possible),then, the Non-Defaulting Party may pursue such legal and equitable remedies as are available pursuant to applicable law. 7. Notices. Any notice, request or other writing given hereunder by shall be in writing and shalt be deemed to have been given when delivered to the party to whom intended by hand, nationally recognized overnight courier, or registered or certified mail, postage prepaid, at 14867527:3} 3 the address set forth above or to such other person or address as may be designated from time to time by notice given in the manner set forth above. 8. Survivability. Seiler and the City expressly acknowledge and agree that the covenants and agreements set forth in Section 4, 5, 6 and 7 hereof shall survive the conveyance of the Park to the City. 9. Miscellaneous. This Amendment and the exhibits attached hereto set forth all the covenants, promises, agreements, conditions and understandings of the parties hereto and no previous statement or representation not contained herein shall be binding on any party hereto. This Amendment may not be modified, amended or supplemented except by a subsequent agreement in writing executed by Seller and the City. Except as amended, modified or revised by this Amendment all other terms and conditions of the Purchase Agreement and the Development Agreement shall remain in full force and effect. No waiver of any condition or legal right or remedy shall be implied by the failure of a party to declare a default, or for any other reason, and no waiver of any condition or covenant shall be valid unless it is in writing signed by the waiving party. No waiver by a party of a breach of any condition may be claimed or pleaded to excuse a future breach of the same condition or covenant. The mention in this Amendment of any specific right or remedy shall not preclude a party from exercising any other right or from having any other remedy or from maintaining any action to which it may be otherwise entitled either at law or in equity. The terms and conditions of this Amendment shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Amendment shall be governed by and construed in accordance with the laws of the State of Florida. [signatures on following page] 14867527:31 4 above. IN WITNESS WHEREOF this Amendment has been executed as of the date and year CANNERY ROW LLC, a Florida limited liability company By: Ironwood Development,Inc., a Florida corporation, its Managing Member By: Cary Glickstein,its President CITY OF DELRAY BEACH By: Name: Title: For purposes of agreeing to the provisions of Section 5 hereof. CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation By: Cary Glickstein,its President {4867527:3} K&MIT A Proposed Plat {4867527:3} D "1 CANNERY R O W �A'G A RfFLA T AF A PCaQ7kW�� 7.;�bSiCM/Q�'LZ'OGM�73 iAT6�GPf 7$PAIAE 62,P.RP.BfY�A LYdiC IV SECTtiYa 1gK94 1�� 46 SW RA,.W 43 EAST,d/Y Ll�Li�LRA 61�ACK PALM AS!COU7TY F2WdRA ` JJJ y"`"•"N4""iSP� A.e�wrJ. ..3o�_• _ A:•uAa lacllApY/I1a M•�/��e uv+-11•7�1 mm NIIWM fm �mow•.nw: u_g,"_, �j�'srr nu�s�� BMW r • °a,i 'too u OEM tw� ooie••e wae°a arwan.mrrw�s ��'�''��''tt''��''✓• ��woa,rrwmmar :,�pb_�L� 1'i`rw sr�f yw�'•I[1�w�J�01Y1,w0•YivflAY: M�itIPi14 it � iIIMW AAIf��J.1�•)l Cl�,,� NI�r�� f��rrdi{{innd��d{IawL ��°r"° iwcw✓'�6—..ref ■ � G` A Yw��r`MI�eM1YM M9/rexb �_r q� 09-or dr•� YN\IrOW ii LI MM M°IiSw OOii••MYMMeYY�r y� �O vMf 9 b� wild" ror w.•�•a w ImIMp••I �� wM..•.Ld1 i Ro®e� ME J` � 'fie >i•OAYAI�IIYOLIMYt '•� �•ssMMwwM•ra r.i4.CMrI M=T••,• r "o�FfpPry��ft '� M i�WY�YI`�..—....� "�ri B�MO�iYNr•w1�iAlI�G�MwrwOU�evelf�Nyp/�OIM '�° 2 ■LC.A rgy�M�A ryIMKMY•/�6a+�/MNit� �wYK •� IY•�•MORRIOVIN•AI!'ef/W� f ATJM°I"eOtlillAl,'lM•' �w•OfMYMI ��iMOi��/R •AOie• wr.eAgeAM J� u0N'OIl'1 MW—IId/'4f0�MdMIO'+O—PeR 13y/Nl✓LAY!'rVY7liotO1Q0Y0 iYtl�OMA}^Mg111yV2 e N kh J J 'K y O w ga W 4 a � zo OLMAW vo �v �Q � FASmrr LOT V N m N W BX P Es 04) ^21 ji� ' 1 AMVWVUffE o LOT 11 -, O Z W N sswwl P,iaaasm DYE*=£A�OVr o o 2 95 f�400 N O W V SOUTH CAAAERY j 1183' wO °D� W (57,;K ROW GYRCLE O ntsnroaonO (FLA' 09oCY%&M 4) 6.00• } RT L-Li c—, ' t9" : W P Loi oQ Rio Qdf 4�. 25a 2101 IA 51 r� r� 34.00' V9 PA x�3-x34) se99o9'39L� N.E. 3RD STREET 501fdGi4T CF"WAY Flhi FLAT satyr;PACE 3 b B-OCK 74, SUMVI,901V OF BLOCK 74 (PLAT BOOK 7g PAGE 12) ` 3 vaxo-w t pm anrea [ z am=aiddvaw Es Cl Acu ou JO;Wouxk)woa MLO'3N t]IV^EH r VJ'RITIM N tlryltfRld 11N h Ir T aa1.IM r I'ISIII�NJmCi W.X"'^if11V t0 t611S�Ot wntXd.v tW a]n4RCJ_'.tYm s N.ryaa]R119••fYYF_nrn•.RU n tlt1J'IY]Il tl ltl•:x fe4 R14Y4Jt] �•t1Y�s•.'..tIY/•A. w�r4 lilt I Jill Iasi IT :� BBigg .. . .. S M 10 r■� -:-�:- , +, CL ate• fill 3 1I In In G. t 1 •:�' .a�• !I ��L,' '.;1;i_,i i'� '�{ � J �� _fin L O I R36 : JPei ` Y CANNERY ROW PURCHASE AND SALE AGREEMENT THIS PURCHtkSE AND SALE AGREEMENT("Agreement")is made and etrte W into as of this`2,1 day of 2007,by and between CANNERY ROW ILC LLC,a Florida limited liability corApany ("Sener"), and the CITY OF DELRAY BEACH, FLORIDA CIBuy60. IN CONSIDERATION of the respective agreanents hm m ft set fatth,Buyer and Seller agree as follows: 1. PURCHASE AND SALE. Subject to the provisions of Section 42 herein, the Camay Row development consists,generally,of c igbty-two(82)Townhomnes and common area and recreational amenities related thereto,a city-owned corner paw and a city-owned vommunity facility("Cannery Row"and/or the"Project").Buyer agrees to purchase from Seller,and Seller agrees to sell to Buyer,for the Total Purchase Price ad fiorth below,and on the terms and conditions contained in this Agreement, Lot 12 ("Lot"), as shown on the proposed Plat of Cannery Row ("Plat"), attached hereto as Exhibit"A", together with the community facility("Community Facility")to be constructed on the Lot pursuant to the floor plans("Floor Plans")and building elevations("Elevations'%and related c al action specifications("Construction SpedflcaHons") attached hereto as Exhibit"B"and Exhibit t'C",ropmfively The Lot and Commuoity Facility arC sometimes collectively referred to herein as the "Property"; however, the sale of the Lot and Community Facility will be considered a single sale-the Community Facility not being separate from the Lot. The Property address is:To Be Detaam med. 2. PURCHASE PRICE: Base Purchase Price: $NOT TO EXCEED 5530.000.00 Change Orders,if an3r $ Total Purchase Price:(exclusive of Closing Costs,proraations,and any Change Orden not inchuled here): $ 530,000.00 TOTAL PURCHASE PRICE TO BE PAID AS FOLLOWS: Deposit $ 10.00 I'd Deposit(10%of the Base Purchase Price): $ NIA 2nd Deposit(10%of the Base Purchase Price): $ N/A Upgrade Payment,if any(see Upgrade Addendum): $ /T A 1 Balance of the Total Purchase Price (Due at Closing in local bank casbiers check or received wire transferred finds): $ 529.990.00 3. COST TO BLT'i'l:'R: The Base Purchase Price stated above is intended to be the guarmrteed maximum price Buyer shall pay for the Property, as conshucted pursuant to the Construction Specifications, as defined herein. Buyer may, at any time until one year from the Closing Date (`VCost Review Period'J, and upon reasonable notice to Seller,have access to Seller's financial records relative to the Project in order to deterrake the true and actual cost t D complete the Property► in accordance with the Construction Specifications (-Cost'J. Cost shall be defined as all costs necessarily incurred by Seller in connection with the acquisition, financing, ownership and construction of the Project and the Property;provided,however,that recroational amenities,and sales and marketing expenses for the Project shall be specifically excluded from any calculation of Cost. .In the event Seller determines that Cost shall be less than stated above on or before the Closing Date, Seller shall adjust the Base Purchase to reflect cry such reduction in Cost. 4. Deleted. S. SELLER'S FINANCING. Buyer understands that Seller has obtained, or will obtain, acquisition, construction and other financing with respect to the Project. Buyer agrees that this Agreement,and all modifications and additions thereto,will be subordinate in all respects to the lieu and priority of any mortgage(and related security interests)now or hereafter placed on the Property searing such Seller's financing, including all loan renewals, future advances, extensions and modifications. The parties intend that this subordination shall be effective automatically without any further notice to, or action by,Buyer. Buyer acknowledges Brat,as additional security for any of Seller's financing,Seller may assign all of its rights under this Agreenwat to its lender(s),including all rights Sella may have to Buyer's Deposit,subject to requirements of applicable laws. 6. CONSTRUCTION SPECMCATIONS. The Com mu nityFacility will be oonstxucted in substantial accordance with the plans,retained in Sellers sales office,and the specifications,attached hereto and made a part hereof as Exhibit"'C",as such plans and specifications are amended fiumi time to time.Such plans and specifications,as they are so amended from time to time by Seller,are referred to in this Agreement as the"Construction Speeiffeadons".Although Seller will complete construction of the Property substantially in accordance with the Floor Plans, Elevations, and Construction Specifications,Buyer acknowledges that during the planning,design,Wgmo=&and consfynrction for the Project,certain modifications,substitutions,deviations and/or omissions in and to the Property, Project, Floor Plans, Movations, and Construction Specifications (collectively referred to herein as "Construction Modifications")may occur due to governmental required changes,construction and field cs ndidons,labor or product availability,construction scheduling,and design and specification changes made by Seller in Seller's sole discretion. These changes and adjustments are essential in order to permit all components of the Property to be integrated into a well-functioning and aesthetically pleasing product in an expeditious,cost-efficient,and profitable 2 r manner.Accordingly,Seller expressly reserves the right to make Construction Modifications during construction of the Property, and Buyer hereby suthodzes Seller to make any such Construction Modifications deemed necessary in Seller's sole discretion without prior notice to Buyer. Buyer further understands and agrees that: (1)exterior finishes, such as paint color,roof color&aterK shutter placementicolor,window/door placement and designs,light fixtures,railings, and other exterior finishes installed by Sella pursuant to the Cmratrucam Specifications,are subject to shadings in color gradations,die lots,etc.,and may vary fitom any samples or illustrations shown to Buyer without prior notice to Buyer,(ii)all representations of dimensions,materials,equipment, and finishes are appmsimations of size,matcriials,equipment,appearances,and finishes,and are all subject to change by Seller in its reasonable discretion without prior notice to Buyer,(iii)changes in the dimensions of rooms, patios and balconies, and the location of utility(including, without limitation,elcctrical,television and telephone)lead-ins and outlet$,doors,windows,air conditioning equipment,ducts and campouuaits,lighting fixtures,electric panel boxes and meters,fencing and gates,and the general layout of the Community Facility and any exterior improvements on the Lot are subject to change by Seller in its reasonable discretion without prior notice to Buyer;(iv)many items, finishes, materials, fixtures, equipment, fi mishings, window treatments, accessories, upgrades,chazuges, and other improvements which may be displayed in any sales model or sales office,or in my marketing or promotional materials,are for display,design and marketing purposes only,and to the extent such items are not included in the Construction Specifications,such items are not included in the Property; (v) if crr+crumstances arise which warrant changes of suppliers, mom,brand names or other items, Seller may substitute materials, finishes,equipment, fixtures, appliances, etc., which are of substantially equivalent quality in Seller's sole opinion, without prior notice to Buyer;(vi)Seller will have complete discretion in landscaping oftheProperty► and the Project; (vii) Seller will have complete discretion with all imprrovements and amenities situated within the Common Property(as defined in the Homeowner Documents);(vw)the plans and specifications for the Community Facility now or hereafter on file with the applicable governmental authorities may not be identical in detail to the final Floor Flans and the Construction Specifications,and(hx)because of the day-to-day nature of the changes described in this Section 6, theplafls and specifications on file with applicable governmental authorities maynot include some or any of these changes(there being no legal requirement to file every change with such authorities). The provisions of this section 6 will survive(continue to be effective after)closing. 7. CHANGE ORDERS. BUYER ACKNOWLEDGES THAT SELLER IS NOT OBLIGATED TO PROVIDE UPGRADES,EXTRAS,OPTIONS,OR CHANGE ORDERS OF ANY KIND. If Sayer requests changes to the Construction Specifications that are not included as part of the Construction Specifications{"`Change Orders"),Seller may,in its sole and absolute discretion, either:(i)a ccommodate Buyer's change or+dedr requzest in the manner provided below,or(ii)deny guy or all of Buyer's Champ Omer requests,and Buyer will accept Seller's decision on all change order requests as final.Buyer further understands that in the event Buyer's Change Order request is denied by Seller,the Community Facility will be completed substantially in conformity to the Construction 3 e 7 1 Specifications, and any Approved UPB or Appmnred Champ Orders,as defined herein. No Champ Orders shall be iniplanented unless an approved Change Order Addendum Mange Order Addendum")for any such Change Orders is signed by Buyer and Seller and fall payment for such Charge Orders, as specified in the Change Order Addendum,is received by Seller("Approved Change Order'). Buyer acknowledges and agrees that all payments made to Seller in connection with any Approved Change Order shall be not be considered as part of any deposit toward the Total Purchase Price, and any and all such payments are completely non refundable in all respects; provided, however,if Seller shall fail to include any Approved Champ Order in the Property,Buyer's sole remedy and Seller's sole liability shall be to deduct the amount paid by Buyer for any such omitted Approved Change Order from the Total Purchase Fnca at Closing,provided Buyer has paid Seller for same. Buyer further acknowledges and agrees that Seller's failure to include any Approved Change Order,or non-approved change order request made by Buyer shall not be grounds for (i) Buyer to delay or postpone the Closing,or Buyers obligation to close and pay the balance of the Total Purchase Price to Seller,(ii)any reduction ofor credit against the Total Purchase Price,or(iii) ping any portion of the Total Purchase Prix in escrow. Wapplicable,Buyer shall have thirty(30)days from the date of Seller's notice to Buyer that the time period for Buyer to make any required finish selections for the Community Facility has started("Selection Period"). The Selection Period which may be wrta nded from throe-to-time in writing by Seller in Seller's sole discretion. Buyer understands that in the event Buyer fails to provide Seller with any required finish selections within the Selection Period,Seller may complete the Property using such finish selections that Seller shall determine,in its sole discretion without prior notice to Buyer,provided such finishes are consistent with the Consruction Specifications. 8. CQNSTRUCTION OF THE PROPERTY. Sub joct to other terms of this Agtounerrt, Seller shall commence construction ofthe Property as soon as it is reasonably possible fallowing the issuance of all required building permits,and shall proceed with reasonable diligence throughout the term of construction. Sella agrees that all construction shall utilize new materials(or equivalent quality) and that all such materials shall be in accordance with applicable governmental.rules, regulations and building codes,and that all work shall be done in a good and workma chile manner. Seller shall be responsible for all building permits, impact fees, water and sewer hook-up focus, excluding deposits for utility services which shall be reimbursed.by Buyer at Closing. 9. 2M RCTION PRIOR TO CLOSING. Prior to Closing,and upon notice to Buys,Buyer WWI be given a reasonable opportunity to inspect the Property with Seller's representative. At that time,Buyer shall present to Seller an inspection statement('"Penh Usn signed by Buyer,setting forth any defects in whip or materials in the Property which are truly defwft in wW1 kmanship and materials(the standards for which shall be the construction standards generally prevalent in Palm Beach County,Florida for similar property,which is a commercial shall). Buyer understands and acknowledges that Buyer's setting forth any such perceived defer in workmanship or materials on a Punch List does NOT obligate Seller to repair or warranty any such item(s). Those item on any Punch List that are not equal to the then prevailing construction standards gully 4 prevalent in Pala Beach County,Florida for similar commercial properties,and only those items that are not equal to such standards,as Seller shall determine in Seller's reasonable disczWon,shall be considered by Seller as part of the Punch List for which Sella has an obligation for repair and wammiy Seller's failure to perform Seller's obligations hereunder shall not delay,postpone,or otherwise interfere with the Closing.Subject to the construction standards stated above,Seller shall correct andlor complete all work required under the Punch List within sixty(60)days after Closing, at Seller's expense and in a wodamanlike manner,subject to the availability of labor and materials, aces to the Property altar Closing, or events which constitute force majeure. Buyer hereby authorizes Sella to determine the means and methods far making any and all Punch last acid warranty related repairs.Buyer further recognizes that although the Property,at Closing,will have received a final certificate of occupancy, Seller may still be in the process of completing certain improvemexnts in the Community Facility,on the Lot,and within the Project. NO ESCROWS OR HOLDBACKS OF CLOSING FUNDS WILL BE PE�R1bIiTTED. The fact that Seller has to complete work set forth m the Punch.List after Closing shall not delay or postpone the Closing,or Buyer's obligation to close and pay the balance of the Total Purchase Price, or be grounds for a reduction of or credit against the Total Purchase Price, or be grounds for deferring or imposing any conditions on Closing,or be grounds for placing a pardon of the Total Purchase Price in escrow pending completion of the Punch List items. 10. CLOSIlVG. The team"Closing"refi n to the time when Seller delivers the special warranty deed for the Property to Buyer and Buyer delivers to Seller the balance of the Total Purchase Price and any additional amounts owed by Buyer to Seller under this Agreement and for any Approved Upgrades and Approved Change Orders,as set forth herein,or therein,and ownership of Property is transferred from Seller to Buyer(the"Closing"). At Closing,the parties will execute cute and deliver aU documents Seller's closing agent deems necessary or appropriate. Buyer shall not move anyperwmal property onto or take occupancy of the Property until a certificate of occupancy for the Property has been issued by the appropriate-governmental agency,and Seller has received the Total Purchase Price in accordance with the terms of this Agreement.Legal and physical possession of the Property shall be delivered to Buyer at Closing. The Closing will occur after issuance of a Certificate of Occupancy for the Community Facility by the City of Dehuy Beach. Buyer understands that Seller has the right to schedule the date, time and place for the Closing ("Closing Date"); provided, however, that before the Closing Date, Sella must obtain a final certificate of occupancy for the Property. Buyer acknowledges that the common property, any improvements thereon,and all imprrovem mts related to the Project need not be c ormple W or have such certificates of completion or occupancy prior to the Closing Date. Buyer will be given at least thirty(30)days'notice of the date,time and place of Closing.Seller is authorized to postpone the Closing for any reason and Buyer will close on the new date,time and place Seller specifies in its notice of postponement (as long as at least 2 days' notice of the new date, time and place are provided to Buyer). A change of time or place of Closing only(that is,one not involving a change of date) will not require any additional notice period. Any formal notice of Closing, and any postponement or rescheduling ofthe Closing may be given orally,by telephone,facsimile,elcmmdc mail,regular mail or other reasonable means of communication at Seller's option. All such notices 5 to Buyer shall be sent or directed to the address,facsimile, electronic mail address or telephone number(as appropriate),specified on Page 1 of this Agreement unless Self has received written notice finni Buyer of any address change prior to the date Seller's notice is seat,transmitted orgiven to Buyer. These notices (other than a change of address) will be effective on the date given, transmitted or mailed.An affidavit of one of Seller's employees or agents stating that this notice was given or mailed to Buyer will be conclusive in this regard. If Buyer fails to receive any of these notices or the confirmation because Buyer failed to advise Seller of any change of address,telephone or ,facsimile number,or electronie mail address,or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or because of any other reason, Buyer will not be relieved of Buyer's obligation to close on the scheduled data unless Seller agrees in writing to postpone the scheduled date. If Seller agrees in +►yrft to reschedule the Closing at Buyer's request,or if Buyer is a corporation(or other business entity)and Buyer fails to produce the necessary documents establishing proof of the organization, good standing and authorization ofrepresentatives,as requested by Seller,and,as a result,Closing is delayed,or if Closing is delayed for any other reason(kept for a delay desired,requested or caused by Seller).Buyer agrees to pay at Closing a late funding charge equal to interest,at the then highest applicable lawflrl rate, on that portion of the Total Purchase Price not then paid to Seller(and cleared), from the date Seller originally scheduled the Closing to the date of actual Closing. Additional late funding charges also may be imposed as stated in this Agreement.All proration will be made as of the originally scheduled date.BUYER UNDERSTANDS THAT SELLER IS NOT REQUIRED TO RESCHEDULE OR TO PERMIT A DELAY IN CLOSING AND THAT IF BUYER FAILS TO THW ELY CLOSE AS REQUIRED BY THIS SECTION 1% BUYER WnX BE IN DEFAULT UNDER SECTION 16 OF TMS AGREEN,tENT. 11. TrME. At Closing,Buyer will receive good and marketable title to the Pmpacty,subjectto the permitted exceptions listed below("PernMed Ezceptions"�At Closing Buyer will receive the following documents,which Buyer agrees to accept as proof that title is as represented above: A. Title Commitment. A written title commitment from a title insurance company licensed in Florida agreeing to issue Buyer a title iusurz=policy for the Property(ALTA Owner's Policywith Florida modifications)("Title Policy").The title commitment will list the fallowing Permitted Exceptioes(exceptions subject to which Buyer agrees to take title to the Property): 1. Real property taxes and assessments affecting the Property for the year of Closing, and subsequent years, including any applicable special assessment, community redevelopment or improvement districts; 2. Aft laws,and all restrictions,covenants,conditions,limitations,agreements, reservations and easements recorded in the public records, or otherwise established with respect to the Project, for example, zoning restrictions, properly use limitations and obligations, governmental permits, easements, rights-of-way, plat restrictions and dedications,and agreements relating to utilities,drainage and conservation areas; 6 3. The restrictions, covdnauts,conditions,easements,liens,teams and other provisions imposed by the documents contained or ref red to in the Homeowner Documea% as defined herein,endanyamendments thereto(and any other documents which Seller,inits sole discretion,believes to be necessary or appropriate)which will be recorded by Seller now or at anytime after the date of this Agreement in the Public Records of Palm Beach County, Florida,and all amendments to any of such documents; 4. Easements in favor of the Association,as defined herein,and public utility providers for general access over and across the Property and the Project, and for the installation, service, repair, and maintenance of all water retention areas, drainage improvements,roads,and all other improvements and utilities sung the Property and the Project; S. Minor encroachments,if any,into easement areas serving public utilities by Property-related improvements such as air conditionerpads and equipmeflt,roof and balcony overhangs,which are hereby deemed permitted; 6. The mortgage,and any other security instruments,in favor ofBuyer's lender, if any; 7. Deleted 8. All other standard title exceptions contained in an ALTA owner's title policy customarily issued in Palm Beach County,Florida for similarly situated properties,and all other title exceptions for items common to the Project;provided that no limitation on Buyers title may prohibit construction of the Community Facility,nor the use of it as a Community Facility,subject to the Homeowner Documents. B. Closing Dents. At Closing,Buyer will receive:(i)a special warranty deed to the Property which will be subject to(that is,contain exceptions for)all of the matters described above,(ii)Seller's form of owners(no-lien)affidavit,FIRPTA("non-foreign")affidavit;and gap affidavit(iii)Bill of Sale for any personal property contained in the CommunityFacility, (iv) final as-built survey of the Property, (v) Soil treatment certificate, (vi) Inaulatim certificate,(vii)Certificate of Occupancy for the Property,and(viii)the Limited Warranty Registration,which shall require Buyer's execution at Closing.Buyer and Seller shall each execute and deliver to the other such additional documents as reasonably required by the closing agent to close the transaction contemplated in this Agreement.The documents(the title commitment,as aforesaid,and the documents listed in this Section 11.B.are collectively referred to herein as the"Closing Documents"). IfBuyer finds title not to be in the condition required by this Agreement,then within thirty(30)days of receipt fi+om Seller of the title commitment described above,Buyer shall notify Seller in writing of{tae specific nature of the claimed title deflect and the specific 7 actions needed to correct the alleged title defect,failingwhich anyclaimed titledefect shown in the title commitment shall be deemed waived by Buyer. In the event Seller cannot provide the quality of title described above, Seller will have a reasonable period of time(at least ninety(90)days after Buyer gives Seller written notice of an objection to title)to correct any defects in title,but Seller is not obligated to do so. If Seller cannot,or at any time elects not to, correct the claimed title defects,then:within five(5)days of notice from Sella,Buyer shall elect to either(i)accept title in the condition Seller offers it(with any such defects)and pay the Total Purchase Price for the Property(without reduction or offset),and Buyer shall not make any claims against Sellerbecause of the alleged defects whichwill.also be mepted from the special warranty deed;or(ii)cancel this Agreement and receive a full refund of the Deposit,whereupon Seller will be relieved of all obligations under this Agreement upon delivery to Buyer of the Deposit. If Buyer does not give written notice of such election to Seller within said five(5)day period,Buyer will be deemed to have elected option(i)of the preceding sentence. 12. CLOSING COSTS. Buyer unds that,in addition to the Total Purchase Price(which shall include all Approved Upgrades and Change Orders),Buyer shall pay at Closing the following fees and costs("Closing Costs"): A. Deleted- B. The actual costs of: @ officially t+acording the special warranty deed in the Public Records of Palm Beach County,Florida;(H);deleted(M)title search fix*,title examination fees, settlement fees, and closing administration fees; mid(iv)the premium for the Title Policy. Notwiti:standing the forgoing,in the event Buyer elects to use Seller's designated closing agent for the Closing(which Buyer has no obligation to do),all ofthe foregoing costs fisted in this Section 12.B.shall be paid by Seller at Closing. In the eventBuyer does not so denigrate,in writing,another closing agent at the time of execution of this Agreement,Buyer agrees that Seller shall designate its closing agent to complete the Closing. C. Buyer's prorated share of the quarterly maintenance.assessment charged by the Association for the quarterly assessment period in which the Closing occurs; provided, however,if the Closing shall occur in the last month of any quarter,Buyer will be charged for the next quarter's assessment at Closing in addition to the aforementioned proration for the cuuarant quarter, D Deleted E. Reimbursement to Seller for the cost of providing Buyer with:(i)a final wbuilt survey ,of the Property,the cost of which shall not exceed$300,and(ii)a F.E.K&elevation certificate,if required,the cost of which shall not exceed$200; F. Reimbursement to Seller for any utility deposits or hook-up fees for the Property which Seller may have advanced prior to Closing; 8 C. deleted H. Any unpaid charges for any Approved Change Orders; L deleted J. All fees,casts,points,and charges imposed by Buyer's mortgage leader,ifsny,shall be paid by Buyer at Closing.Buyer acknowledges the Closing Costs referred to in Section 12.A.and 12.B.above do not include any mortgage loan closing costs of anykind,including, without limitation,the cost of title insurance required by Buyer's lender.In the event Buyer elects to use Seller's designated closing agent for the Closing,as a5oresaid,Seller agrees to cause the closing agent to provide title insurance to Buyers lender for the lowest amount permitted by law,and to coordinate the closing of Buyers mortgage; R. Real property taxes will be prorated through the day before Closing on the current year's tax amount for the Property.If Closing occurs on a date when the current years tax assessment is not available,taxes will be prorated on the prior year's tax,as allocated to the Property by Seller,and will be later adjusted byBuyer and Seller based on the exact amount oftaxes,with allowance for the maximum applicable discount amount;provided,however, that any request for adjustment and/or re-proration of real estate taxes must be made in writing and delivered by the party requesting the adjustment to the other party within ninety (90)days ofthe date the notice ofthe current year's real estate tax assessment is publishedby the applicable taxing authority. Buyer understands and agrees that if no written request for adjustment or re-proration is made and delivered to Seller within such ninny-daypedod,any entitlement to adjustment or mproration ofreal estate taxes that may exist shall be deemed waived. L. Certified Special Assessments as of the scheduled Closing Date shall be paid by Seller.Pending Special Assessments assessed by governmental agencies as ofthe scheduled Closing Date shall be assumed by Buyer. If any such Certified Special Assessments are payable in installments, the installment due in the year of Closing shall be prorated and Buyer shall assume the balance of any such installments. 13. HO�MEQZM S' A&WgATION. Buyer ac imowledges that (r') the Cannery Row Homeowners' Association, Inc., a Florida corporation not-for-profit C'Assoe*don'� has been established for the purpose of maintaining certain aspects of the Property and the Project. Buyer understands that Sella,due to its present ownership of Lots and properties comprising the Project, currently controls the Association and has the right to appoint officers and directors thereof in accordance with the following documents governing the Property:(i)the Articles of Incorporation of the Association C Ardeles`�, (ii) the By-Laws of the Association (`By-Laws"), and (iii) the Declaration of Covenants and Restrictions CWtelaration'),all as amended from time to time(the Articles, By--Laws and Declaration are collectively referred to herein as the "Homeowner Documents").Buyer further acknowledges that upon Closing,Buyer shall automaticallybecome a 9 member of the Association and shall be required to comply with all of the terms and provisions of the Homeowner Documents, and Buyer further acknowledges that Buyer shall be liable for the payment of any and all regular and special maintenance assessments levied against the Property pursuant to the Declaration, and that Buyer's failure to pay any such assessments may result in penalties. After Closing,and in accordance with the Declaration,Buyer shall be responsible for the maintenance ofthe Property.In the event Buyer fails to properly maintain the Propertym aoeomdance with the Declaration,the Association shall have the right,but not the obligation,to perform such maintenance required of Buyer pursuant to the Declaration,in which event Buyer shall pay all cost incurred by the Association,including all collection costs.The Association shall have the right to assess the Property for all maintenance costs incurred by the Association. Buyer acknowledges receipt ofthe proposed Hmneowner Documffits,which Buyer agrees to adhere to and be bound by the teams thereof, and any f iture cb Wm provided that Buyer has consented to such changes as vravided in the Homeowners Association documxens. The provisions of this Section 13 shall survive the Closing. 14. HOI"iIEOWNER ASSOCI,4.=FEES. Buyer understands that anyestmmted opening budget provided to Buyer(the"Budget')provides only an estimate of what it will cost to run the Association during the period of time stated in the Budget.The Budget is not guaranteed to be an accurate prediction of the expenditures required of the Association, and, as such, are subject to change at any time and from,time to time to reflect actual and projected expenditures or changes in assumptions. These changes may occur before or after Closing,but will not affect any of Buye es obligations under this Amt or the Homeowner Documents,except as to resulting changes in closing prorations. Buyer recognizes and agrees that Buyer's assessments may include expenses attributable to Common Property which are not complete or usable byBuyer at any given time. The ,provisions of this Section 14 shall survive the Closing. 15. ADJUSTWMS MM THE ASSOMnON. Buyer acknowledges that Seller may advance money to the Association,our on behalf of the Association,to pay for certain Association expenses,includi M without limitation,insuranco premiums,Common Property maintenance and repairs,utility charges and deposits,permit and license fees,charges for service and maintenance contracts, salaries of Association employees, and other similar expenses. Seller is entitled to be reimbursed by the Association to the fullest extent permitted by law for all such sums advanced or paid by Sella on behalf of the Association. 16. DEFAULT If Buyer fails,rd%=or neglect to perform Buyer's obligations under this Agreement,Buyer shall be deemed in"default".If Buyer remains in default thirty(30)days after Seller sends notice of any such default, Seller shall be entitled to the remedies provided herein. Seller has speed to construct the Community Facility in cormectona with obtaining certain development approvals finam the City of Delray Beach for the Project. In that regard,Seller would not construct the Community Facility except for the requirmnent by the City of Delray Beach to do so in order to grant Seller the required development approvals for the Project. Buyer and Seller agree 10 that as inclusion of the Community Facility in the Project as a condition of receiving development approvals for the Project,it would have no value to Seller in the event Buyer does not close on the purchase of the Community Facility,as such event may jeopardize the undedying approvals for the Project. In the event Buyer's default is failing to close on the scheduled Closing Date,they Seller may seek specific performance to compel it to close on the purchase and sale contemplated bythis Agreement If Seller fails,refuses or neglects to perform Sellers obligations under this Agreement,Seller WWI be deemed in"default." If Seller defaults under this Agreement,Buyer shall give Sellerwritten notice specifying any such default. If Seller has not cured the default within ten(10)days following Seller's receipt of Buyer's default notice, or, where the nature of the specified default cannot mssonably be cured within such ten-day period,Seller has not commenced a course of action and thereafter diligently pursued such course of action as reasonably required to promptly cure such default within ninety(90).days,Buyer may either(1)receive a refund of all monies paid by Buyer under this Agreement or(2)seek specific performance,without thereby waiving an action to recover Buyer's actual and direct damages(out-of-pocket amounts actually paid by Buyer to third parties). Acceptance of a special warranty deed at Closing shall be Buyer's admowledgmeet of hill performance by Seller of all of its agreements,duties and obligations under this Agreement sad no agreement,duty or obligation of Seller shall survive the Closing except the obligation of Seller to complete the Punch List, the Limited Warranty provided in Section 19 below,and the warranties contained in the special warranty deed. The provisions of this Section 16 will survive Closing. 17. Deleted. 18. ONGOING AG'TIVITIES. Buyer understands that as long as Seller owns property within the Project, it may retain offices and model homes within the Project (including on or within Common Properly,and any improvements thereon). Seller's sales representatives may show homes, erect advertising signs and conduct any and all activities whatsoever as is necessary and appropriate for the sales, leasing or management of the Project. In addition to the foregoing,Seller,and its affiliates, assignees, contract ors, subcontractors, licensees and designees may conduct such construction,marketing and other activities in or around the Project as are deemed necessary or appt�opriate in the sole discretion of Seller or the party conducting such activities on Seller's behalf; or with Seller's consent . Without limiting the generality of the foregoing, and as a material inducement to Seller to enter into this Agreement,Buyer acknowledges and agrees that SELLER AND/OR OTHER PARTIES MAY BE CONDUCTING CONSTRUCTION,SALES,LEASING, AND 077M ACTMTIBS WITHIN OR AROUND THE PROPERTY AND THE PROJECT, BOTH BEFORE AND AFTER The CLOSING. BUYER RECOGNIZES THE RIGHTS OF SELLER,OR OTHERS PERMITTED BY SELLER,TO CONDUCT SUCH ACTIVITIES AND HEREBY AGREES NOT TO:(i)DEEM ANY OF THESE ACTIVITIES TO BE NUISANCES OR NOJGOUS OR OFFENSIVE ACTIVITIES, (ii)ENTER,OR ALLOW ANY OTHERS UNDER BUYER'S CONTROL TO ENTER, ANY AREAS WHERE SUCH ACTIVITIES ARE BEING CONDUCTED (EVEN WHEN THEY HAVE TEMPORARILY CEASED,SUCH AS DURING NON-WORKING HOURS),OR(iii)INTERFERE WITH,RESTRICT OR IMPEDE THE WORK II OF SELLER OR OTHERS WnH N THE PROJECT,AND BUYER HEREBY GRANTS SELLER ACCESS TO THE LOT AND ALL PORTIONS THEREOF, SUBSEQUENT TO CLOSING IN ORDER TO COACn ETE ANY WORK WITRIN THE PROJECT. 19. §&j R'S LZfMD E&BRANTY.DUCIgAIMER OF EWPIJED WARRANTIES. Seller agrees to repair,at Seller's expense,for a period ofone(1)year from Closing,all materials that may prove to be defective within one(1)year from the Closing Date("Limited Worauty"). It is expressly understood that this obligation shall be void if the need for such repairs arises from an act or failure to act by Buyer or Buye es agents,servants,lessees,employees,or invitees,or if such need arises by virtue of an act of God,or ifBuyer shall have attempted to repair same without first giving Seller thirty(3 0)days prior written notice thereat This Limited Warranty shall be the only warranty that Seller shall make or be obligated to make regarding the Property or Project. BUYER UNDERSTANDS THAT THE ABOVE-DESCRIBED LIlVIITED WARRANTY TO BE DELIVERED TO BUYER AT CLOSING IS THE ONLY WARRANTY MADE BY SELLER WITH REGARD TO THE PROPERTY OR THE PROJECT,AND,TO THE AIAXI]M,IUM LAWFUL EXTENT AND UNLESS CLEARLY AND ABSOLUTELY PROHIBITED BY LAW, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NZRCHANTABiLTTY AND HABITABILITY, ANY WARRANTIES I1VII'OSED BY STATUTE, AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND OR CHARACTER ARE SPECIFICALLY DISCLAIMED,AND SELLER HAS NOT GIVEN AND BUYER HAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAD VIED ENTIRELY,ALL SECONDARY,INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED, WAIVED AND DISCLAD4ED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAEVIED ENTIRELY ABOVE). BUYER UNDERSTANDS AND HEREBY AGREES TO THE TERMS AND CONDITIONS OFTEN LEVHTED WARRANTY. Witbout limiting the generalityofdne foregoing,it but onlyit Seller is prohibited from disclaiming entirely certain implied warranties by reason of the provisions of the "Magnuson-Moss Warranty Act" (15 U.S.C. §§2301-2312)(the "Warranty Act"),if applicable, Seller HEREBY LEMM THOSE IMPLIED WARRANTIES,IFANY,AS FOLLOWS:(i)IN SCOPE TO THOSE, IF ANY, GIVEN ON "CONSUMER PRODUCTS," IF ANY, AS DEFINED IN THE WARRANTY ACT, IF APPLICABLE) WHICH ARE ACTUALLY COVERED BY THE LE IITED WARRANTY, AND (ii) IN DURATION TO THE ONE YEAR PERIOD OF SELLER'S LIMITED WARRANTY, AND ALL THOSE IMPLIED WARRANTIES,IF ANY,ARE HEREBY DISCLAEUED ABSOLUTELY THEREAFTER. Buyer understands and agrees that Seller is authorized to utilize a P party warranty management service in connection with the administration of any war m*provided to Buyer for the Community Facility,and that Buyer agrees to execute any registration forms or agreements m connection with such warranty administration. Seller will deliver to Buyer, at Closing,any and all manufacturers' warranties, which will be passed through to Buyer at Closing, none of which manutactcuers' warranties are expressly warranted in any way by Seller. The provisions of this Section 19 will 12 survive Closing. 21. NOTICES Unless this Agreement states other methods of giving notices,whenever either party is required or desires to give notice to the other party,the notice must be in writing and sent either.(i)by first class mail,postage prepaid(unless sent outside of the United States,in which event written notices to Buyer may be seat by regales air mail);(ii)byfacsimile transmission or olechadc mail if Buyer has indicated a facsimile number or electronic mail address on Page l of this Agreement;or(iii)by a national overnight courier service,to the address for Buyer set forth on Page 1 of the Agreement. A change of address notice is effective when it is received.All other written notices are effective an the day they are properly mailed,transmitted,or delivered,as the case may be,whether or not received(and all permitted non-written notices to Buyer are effective on the date given by Seller)unless receipt is required as specifically set forth in portions of this AgreemenL 22. TRANSFER OR AMC IVffM. Buyer may transfer or assign Buyer's interest in this Agreement to the Delray Beach Community Redevelopment Agency or the Delray Beach Community Land Trust,Inc.without the approval of Seller,ifBuyerwmhes to asaga this Agreeme t to another entity it must fast obtain consent of Seller,which shall not be unreasonably withheld. Sella may assign or transfer finely all of its rights and obligations under this Agreement. 23. Deleted. 24. FLORII}A LAW:SIEVERABU"Y. This Agreement shall be governed by,and construed and enforced in accordance with the laws ofthe State of Florida,and any disputes in connection with this Agreement will be settled according to Florida law. If any part of this Agreement violates a provision of Florida or federal law,such law will control.In such case,however,thenoainder ofthc Agreement(not in violation)will remain in force and effect.Without limiting the generality of the foregoing,it is Buyer's and Sellers mutual desire and intention that all provisions of this Agreement be given full effizt and be enforceable strictly in accordance with their terms.If,however,any part of this Agreement is not enforceable in accordance with its terms or would render other parts of this Agreement or this Agreement, in its entirety, inn nforeeable,the unenfineable part or parts are to be judiciallymodMod,if at all possible,to come as close as possible to the expressed intent of such part or parts(and still be enforceable without jeopardy to other parts of this Agreement, or this Agreement in its entirety), and then are to be enforced as so modified.If the unenfmeable part or parts carrot be so modified,such part or parts will be stricken and considered null and void,and the remainder of this Agreement shall continue in full force and effect,in order that the mutual paramount goal(that this Agreement is to be enforced to the maximum extent possible stricdy in accordance with its terms)can be achieved. Without limiting the generality of the foregoing,if the mere inclusion in this Agreement of terms granting to Seller certain rights and powers, or waiving or limiting any of Buyers rights or powers or Seller's obligations(which otherwise would be applicable in the absence of such terms), results in a final conclusion(after giving effect to the above judicial modification,if possible)that Buyer has the right to cancel this Agreement and receive a refimd ofBuyea's Deposit,such offending 13 rights, powers, limitations andlor waivers shall be stricken, cancelled, rendered unenforceable, ineffective and null and void.Under no circumstances shall either Buyer or Seller have the right to cancel this Agreement solelyby reason ofthe inclusion ofcertam language in this Agreement(other than language which is intended specifically to create such a cancellation right). THE FOLLOWING SENTENCE WILL SUPERSEDE AND TAKE PRECEDENCE OVER ANYTHING IN THIS AGREEMENT THAT IS IN CONFLICT WITH IT: IF ANY PROVISIONS SERVE TO LIMPT OR QUALERY SELLER'S SUBSTANTIAL COMPLETION OBLIGATION HEREIN, AND SUCH LIM[TATIONS OR QUALIFICATIONS ARE]ti OT PERNII'ITED IF 17HE EXEMPTION OFTHIS SALE FROM THE INTERSTATE LAND SALES FULL DISCLOSURE ACT PURSUANT TO 15 U.S.C.§ 1702(n)(2) IS TO APPLY OR THIS AGREEMENT IS TO OTHERWISE BE FULLY ENFORCEABLE, THEN ALL WHOSE PROVISIONS ARE HEREBY STRICKEN AND MAIZE NULL AND VOID AS IF NEVER A PART OF THIS AGREEiwWN'_6's. FOR PURPOSES OF THIS PARAGRAPH ONLY, THE WORDS "THIS AGREEMENT" INCLUDE IN THEIR MEANING THE HOAfEOWNER DOCUMENTS. 25. TEWR OF THE ESSEPdCE. Tbepmformance ofall obligations on gnprodwtmnes stated in this Agreement is of absolute importance,and failure to perform any such obligations on time is an event ofdefault,time being ofthe essence with respect to eachprovision ofthis Agmement which requires performance by Buyer within a specified time period or upon a specified date. If the deadline for the performance of any obligation under this Agreement,or the expiration of any time period under this Agreement,falls on a Saturday,Sunday or legal holiday,then the applicable time period shall be extended to the next succeeding business day. 26. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties,and may not be amended except by written agreement executed by all parties hereto. Any current or prior agreements, understandings, verbal and visual representations and statements, including,without limitation,artist's rendering,sales and advertising materials,or oral statements and repz+esentedons of Sellers sales representatives,if not ex;mssed in this Agreement or in the Homeowner Documents,are hereby merged into the terms of this Agreement and are void and have no effect,and Buyer acknowledges that Buyer has not relied on any such information or materials. 27. LITIGATION. The venue of any litigation or other dispute resolution arising out of this Agreement shall be Palm Beach County,Florida.This provision shall survive the Closing or earlier termination hereof. 28. Deleted 29. SURVIV&L. The provisions and disclaimers in this Agreement which are expressly set forth herm to have effect after Closing(but only those provisions and disclaimers)will continue to be effective after Closing and delivery ofthe deed.All other provisions of the Agreement shall be deemed performed or waived at Closing,and shall be merged into the deed. 30. INCORPORATION BY REFERENCE. Every exhibit;schedule,modification,rider,and 14 other addendum and appendix attached to this Agreement or referred to herein is hereby incorporated in this Agreement. 31. Deleted. 32. Deleted. 33. RIGRTS AND REMEMS CUIVIUI.ATJM%. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by anyparty shall not preclude or waive its right to use any or all other remedies.Said rights and remedies are given in addition to any other rights the parties may have by law,statute,ordinance or otherwise. 34. CONSMLC_=. Every covenant,term,provision ofthis Agreement shall be construed simply according to its fair meaning,and shall not be more strictly construed avin any one of the parties hereto.Fudher,notwithstanding the fact that the form of this Agreement has been drafted, initially, by Seller, all parties to this Agreement have participated fully in the negotiation and preparation hereof,and as this Agreement has been My negotiated between the parties hereto,the principle of contract interpretation which would result in any ambiguitybeing construed against the draftsman shall not,and is not intended,to apply.In construing this Agreement,the singular shall be held to include the plural,the plural shall be held to include the singular,and the use of any gender shall be held to include every other gender. The titles and captions contained herein are for convenience only and shall not be deemed a part of the context of this Agreement. 35. N.__,_EC,�1Z^,A,TIONS. Buyer acknowledges that the negotiation of this Agreement and all discussions with Seller and its agents regarding the sale of the Property were conducted in the English language.Buyer also acknowledges that(a)Buyer has had ample opportunity to inspect the documents provided to Buyer pursuant to this Agreement,and pursuant to anyrequest ofBuyer,and (b)that although Seller's sales agents are not authorized to change the form ofthis Anent,they have strict instructions from Seller to communicate any of Buyer's requests for changes to this Agreement to Seller's management,which has given Buyer the opportunity to discuss and negotiate any such changes to the Agreement. In light of the foregoing, Buyer's decision to sign this Agreement now is totally free and voluntary and Buyer acknowledges and accepts all of the provisions of the Agreement and &a EWmeewnw VewamWs as fair, reasonable, negotiated, discussed and explained.to Buyer's complete satisfaction. 36. COUNTERPARTS. This Agreement may be executed in counterparts,each ofwhich shall be deemed an original,and shall be binding upon the party or parties who executed same,but all of such counterparts shall constitute one and the same Agreement. 37. EFFECTIVE DATE. The effective date("EReedve Date")ofthis Agreement shallbe the date stated on Page 1 ofthis Agreement,and shall be the date from which all time periods under this Agreement are computed. 38. De eted 15 39. OTHER STA..TUTORY 11189 O U . A. Chayter 558 Notice of CHAPTER 55%FLORIDA STATUTES CONTAINS IMPORTANT REQLMtEMENTS YOU MUST FOLLOW BEFORE YOU ALLY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR COAZRINITY FACILITY.SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO TINS CONTRACT A WRY'I TN NOTICE REFERRING TO CHAPTER SSS OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER AIAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH IN-lAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. B. Florida Homeowners'Construo6on R®cove�v Ptrnd. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND:PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR EgFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM,CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE,FLORIDA 32399-1039 (850)497-1395. C. Real EstateeTaxes, BUYERS SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAYBE OBLIGATED TO PAY IN THE YEARS SUBSEQUENT TO PURCHASE. A CHANGE IN OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. D. Homeownaees Awmh on Dbdosare Sumo my. ATTACHED HERETO AS EXHIBIT "D" 14 A HOMEOWNER ASSOCIATION DISCLOSURE SUMMARY REQUIRED BY SECTION 720.4019 FLORIDA STATUTES WHICH IS HEREBY INCORPORATED IN AND MADE A PART OF THIS AGREEMENT. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720 401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY 16 BUYER BY DELIVER)NG TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF TEE DISCLOSURE, SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST.ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERAMATE AT CLOSING. E. Insnhtdon D Ucl r re. Seller has disclosed to Buyer,as required by the applicable rules of the Federal Trade Commission that the type, thidmess, R value and location of the insulation Seller intends to install in the Community Facility,areas follows:None,as no insulation shall be installed by Seller. Buyer understands that the above information is based solely on the information providedby the manufacturers of such insulaiionproducts,and Buyer agrees that Sella is not responsible for any manufacturers'errors or discrepancies. All of the foregoing infunnation is subject to Seller's rights, under this Agreement to-make changes in the Construction.Specifications,and to any applicable limitations of Seller's liability to Buyer. Pursuant to F.S.,Chapter 553.996,Buyer w3mowledges receipt of the Energy Efficiency Standards published by the Florida Dept.of Community Affairs, which among other things,notifies Buyer of the option of obtaining,at Buyer's expense,an energy- afficiency rating on the Community Facility. F. Radon Gas. Seller does not conduct radon testing with respect to the Property,and specifically disclaims any and all representations or warranties as to the absence of radon.gas or radon producing conditions is connection with the Property. THE FOI.L.OWINO PARAGRAPH IS PROVIDED FOR INFORMATIONAL PURPOSES PURSUANT TO FLORIDA STATUTES 404.056(8): RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUEL DING IN SUFFICIENT QUANTITIES,MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIE. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUBIIELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA.- ADDITIONAL IINFORMA.TION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTEMENT. 40. ADDITIONAL DISCLOSURES SAND DISCL-s —0 Saner hereby discloses the following information to Buyer which Buyer should carefully evaluate in its decision to purchase the PropmlY (a) Buyer aclmowledges that certain aspects of the Common Property may, in some cases, be unfinished as of the date of Closing, and that Buyer will accept such impmvemerits and facilities in their"AS IS"condition as of the Closing Data (b) Although the glass and windows in the Community Facility are impact-resistant, according to the manufictu ra.Seller makes no representations as to the resistance qualities or capabilities ofthe glass windows or doors in the case of amajorweather event. 17 (c) Buyer acknowledges Seller may obtain FNMA or FM MC project approval; however,Seller is not required to obtain the approval. (e) Buyer aciaiowledges that auyp Wosed Association budget provided to Buyer redeccts estimated expenses,and,as an estimate,such aqxnm are subject to clingebelween the time of Buyer's receipt of any proposed Association budget and the time such expanses are to be paid by the Association. The provisions of this Section 40 will survive Closing. 41. BUYER tIPTIOM. In addition to Buyer's rights herein to purchase the Community Facility at Seller's cost, not to exceed $530,000.00, and as more particularly described in that Developer Agreement,of even date herewith,between Buyer and Seller,Buyer shell have to option, upon notice to Seller as described below,ta:a)not proceed with the purchase of the Community Facility,but,instead,purchase Lot 12,only,to be used for park purposes only,with g4wop date deed restrictions allowing only use as a park,and without any improvements thereto other than water service(using Buyer's water meter and Buyer bearing all water usage charges),landscaping and irrigation for the Lot 12,whereby Lot 12 shall be owned byBuyer(or the public for park purposes if so dedicated by Buyer or by Seller through an amendment of the Plat); or b) terminate this Agreemmit without penalty to Buyer if Buyer domes,in its sole discretion,that the purchase of Lot 12 for purposes of a Community Facility or a park is not in the best interests of Buyer.In the event Buyer elects to terminate this Agre znent,Buyer shall not thereafter impose upon Sells,or any sucoessor in interest,a requirement to construct any commercial improvements within the Project. Notwithstanding any other notice requirements heroin,Seller shall notify Buyer in writing,at least sixty(60) days prior to applying for building permits for the building in which the Community Facility unit is to be constricted,that Seller intends to proceed with construction of such building ("Seller's Notice to Proceed').Buyer"notify Seller in writing within sixty(60)days ofreoeipt of Seller's Notice to Proceed that Buyer has elected to: a)purchase the Community Facility unit at Seller's cost,not to exceed$530,000.00,as aforesaid;orb)purchase Lot 12,only,at Seller's cost of $200,000.00 for park purposes, as aforesaid; or c) terminate this Agreement without penalty to Buyer.In the event Seller does not receive notice ofBuyees election under this section within sixty (60)days of receipt of Seller's Notice to Proceed,Seller shall deem such failure to notify Seller as Buyer's election to terminate this Agreement,whereupon Seller may proceed with development of the Project without any requirement of commercial in>p Is. BY SIGNING BELOW,BUYER AND SELLER AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS OF THIS AGREEMENT.ACCORDINGLY,BUYER IS HEREBY ADVISED TO CAREFULLY REVIEW THIS AGREEM NT AND THE HOMEOWNER DOCUMENTS,AND TO CONSULT WITH AN ATTORNEY OF BUYER'S CHOICE. If,after the execution of this Agreement,Buyer or any attorney on Buyees behal&informs Seller that Buyer desires or intends to terminate this Agreement,or that 19 Buyer is or may be unable or unwilling to comply with any of the temns of this Agreement,then, at the option of Seller,same will constitute a default by Buyer. IN WITNESS WHEREOF,the parties hereto have sworn to and executed this Agreement as of the date first above written. SELLER: CANNERY ROW= a Florida limited liability company By: Ironwood D elopment,Inc., a Florida oration,its Managing Member C-i-q-Mckstem,as President BUYER: CITY Y BEAD Mayor,R1'ta-Br Yr- `- `. a a Approved air 1b form and legal sufficiency: By: a� City Attorney 19 FXIBff"A." MAT 20 .. it ''*'�:-! e' i�tla•,+. _:1,. '. i;;, •. _� �- '•Agar Br'WAM yy1� y.�:':' -• - ' ' , •-' '1:r.:;i � l• �� ••;'.�`' \ •'�. �' - :• 9r■r+�w■;Ai�virslrs��jt .• ;•• :'� .. f •S': ,.•�'.r�swlw•lrIi.oV�i, .• • IL in ' ■ ,y 1w. �i (1!' 'r�'�s�nl 1• a, 'w�'�1i 'ajl�fl�• . 1 •��• ••• '• •4: ,i••S'•' { �• ■■�\J 'i_--i ,nl 'f '+1'11 a •-!•• , •• �_- .111 •'�- '' \.-■qtr,• � �.f� � •1 •.• i'f J• ii' •_i'' 'RS `+' a j a •' ' � 1 • i •� I `� '*"•' . I.'\R •ice ■ • •_ .1 X. tQ Ot it Mail b .flit Al�la F. OMAW swum r "�,�' f• '' •: -\K •h' _fir w•��i .1 ' �M1 Purs�rAA.pt� EXHIBIT"H" FLOOR PLANS AND ELEVATIONS 21 li VI t T C� Xy All v ' J i i w n '2�FL •rs- N W JI- zo - Q [L. L _ U o Y ; i ,Lu wiEA : _ IdN*fllr T_ j � �IIk1U��'Ili If -Ilk Mill ill'. i INA iiiilll 11 1 / W 1 1 i 1 r' W ` iF u. NN I M r W cau I go-in ■0-{9 - L T r} 1 - 1 1 1 Ip { li Y j r A I ----------- �T,,TM e r r n cr) z o , r LLI. FU 1=7f d J � r r � _ - 4 LL i r m I rCf. W co r x r • �— fy �.8—rfit -- r r r J ' �1—I'S7Yi1 calm-Z 1` rh �l • i 7 �j 1� Ifs hr jN My y> �±,ME!e iUAN�! !lOIh' ILI ,�.r■�!rrl11.11 - �•."_---ter,— � �ari�.—�� 1 �� •rr lu,►:,r+,�s :- •� a~,-rim -�� 1+ITlfllZrlrF ! tlrl�l lff;ltlilflfiiY,lfttfLlTl,.-R-H� r 1Fnrrf rllrl itli('�(Irl;an,lllillrin,r;rlp iI k;,—=- - rfilfl►ltl ucalFUllnrrflnliil[Irl;r7p11fIlIi'lf1 I1 ltlFfilllFffiUH 174Hililif 111111rIlIfi3R111I orm lA I,� t vp ^ a c d �Rr r . '•MEN.'� �.:d. , .r':'' ;• ..qy ' >- 011 i . 11 1 1 x O # co i F:14 - ;M t f t - a tytifa�i 3; J .x, -r` •-i�. .•s fir.. I;a•�•'s.'�,p Mt{:t�� •:r r1i j''x• •ft 4 .f �}�:s-! •i�r,.xr.��?xY�-�•'•�x- Pill'•'r��t •J iq�n .• JJY/q", 1J x•; 1 ••i . w r0r_a�k+slrw�ll■�pr�rr,�.Anl�i ..,�alaai® I �I• V1 Elm • - �}Y{'i.r Mf:L•i�:mint � •. _ i A y• •t:,s'F'• �s� _:,.a' _ ...i:: .,�Y's�'�•x�s y .,i•i}'i r._t•1,1':i..� Vf - .!: SP .►�"5•!i.it mss.. ` 'aF a}JtY�r.r° i• fz • ,_ r-i•i li ' •L 'Y�?• }.•':i`'..Sere-Y d 3iT' iY 1. low � Imo❑ � �; mi M ■ Yi ! t•t•i I Ir Sf s• ' F,X�IT KL"' 22 Exterior Finishes: Smooth stucco finish on exterior walls, covered entry and porch callings, and soffits with stucco soffit crown molding. 'Decorative, pre-finished- aluminum (non-operative) shutters as per Elevations. Painted, wood-wrapped steel and fberglass columns at selected balconies, as per Elevations. Pre-finished decorative balcony railing, as per Elevations. Brick paver entry walkway. Sherwin-Williams (or equal)exterior flat latex paint on all stucco. Sherwin-Williams (or equal) exterior semigloss enamel paint non-pre- finished doors and decorative columns. Decorative Awnings at selected locations, as per Elevations. interior Finishes: None. The Community Facility will be delivered as a shell structure, such that the interior will consist of exposed cmu (block walls), floor and roof trusses, plywood shealthing, and temporary stair system. Windows and Exterior doors: - PGT (or equal) pre-finished white aluminum, single-hung windows with impact-resistant tinted glass, and screens. PGT (or equal) 8' pre-finished white aluminum storefront doors with impact-resistant tinted glass at 4a floor, with French doors at upper floors, as per Elevations. Thera-Tru (or equal) 8' insulated, paintedfatained fiberglass, raised panel rear door. Air Conditioning and Heating: None Plumbing and Fixtures: V water service *tubout to interior wall, sewer line connection to first floor drain. Electrical and Fixtures: Single-phase 200 amp service to meter box and stub out to interior wall. Fire Sprinkler: Water line stub out to interior wall. i.,andscaping and Walkways: Landscaping pursuant to Jerry Tuner&Associates landscape plan. Zoned sprinlver system utilizing city water on HOA meter. Brick paver sidewalks;ADA compliant front entry. insulation: None 2 L r + i t SPECIFICA71ON DISCLOSURES a BUYER UNDERSTANDS AND AGREES THAT: All dimensions and floor plans are approximate, and all specifications, materials, features, finishes, equipment, and product ' selections are subject to change by Seller without prior notice pursuant to the Purchase and Sale Agreement. Certain materials, features, finishes, equipment and products may appear on the Floor Plans or Elevations for one townhome model type but not on other townhome model types; thus, these Construction Specifications are intended to Include all such materials, finishes, equipment and products that Seller presently Intends to use with the Project, but not necessarily on the Community Facility. Exterlor paint color combinations will be determined by Seller, It its i discretion based on appropriateness to the Elevations and location of the Community Facility In relation to adjacent townhomes and/or townhome buildings. nor res,such as landscaping materials,walls, trellises, amenities, fencing, gates, railings, light flxtures,end the colors, i finishes and textures of such items,shown on any promotional materials may not be accurate representations of the improvements I to be installed or constructed by Seller,and Seller Is not bound by any such representations. Certain design features shown in the Floor Plans and/or Elevations are based on architectural software,such that certain design features, including,without[Imitation, exterior doors,windows, entry gates, balcony posts and railings,decorative shutters, garage doors, brick and stucco fagades, light flxtums,fencing,and roof materials r may not be accurate representations of the items or materials to be Installed by Seller pursuant to these pec ca ons, an Se Her no bound by any such representations in the Floor Plans or Elevations. Only those Items stated In these Specifications will be included in the Community Facility, subject to the provisions of the Purchase. and Sale Agreement. - The glass in the -Mndows and doors are Impact-reslstant, according to the manufacturer. Seller makes no representation as to the resistance qualities or capabilities of the glass windows or doors In the case of a major weather event. t 3 SIT"D" DISCLOSURE SUM[IKARY FOR CANNERY ROW HOMEOWNERS ASSOCIATION IF THE DISCLOSURE SUIVIII+IARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SAL]%THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUp4WARY OR PRl[OR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER 01? THIS VOIDABII,I'Ty RIGHT HAS NO EFFECT.BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS DISCLOSURE. AS A BUYER OF PROPERTY IN THIS COMMUI,IlTY,YOU WILT,BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS'ASSOCIATION{"ASSOCIATION"). THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS ("COVENANTS') GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS$330.00 PERMONTH. YOU WILLALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IFAPPLICABLE, THE CURRENT AMOUNT IS$0.00. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALdTY,COUNTY,OR SPECIAL DISTRICT.ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS'ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'ASSOCIATION.IF APPLICABLE,THE CURRENT AMOUNT IS$0.00. 23 r,• TILE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR TAE APPROVAL OF THE PARCEL OWNERS. THE STATEMENTS CONTAMED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. THESE DOCUAU NTS ARE ErrHM MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN TIM COUNTY WHERE THE PROPERTY IS LOCATED.OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER. C� 1 BUYER DATE 24 EITY DF DELRAY BEADI DEMYOL" # L D & 1 0 • CITY 'C"LERK 0A !k. 2 7-"'600 1993 2001 CERTIFICATION Is CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 39-07, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 24th day of July, 2007. . IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 26th day of July, 2007. Chevelle D. Nubin City Clerk City of Delray Beach, Florida P N. Ttiri EFFORT AtwAys MA-T=RG RESOLUTION NO. 39-07 A RESOLUTION OF THE CITY COM MSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY,FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BE IVVEEN THE SELLER AND THE CITY OF DELRAY BEACH,FLORIDA. WHEREAS, the Seller hereinafter mined desires to WE the property hereinafter described to the City of Delray Beach Florida,for community holly or park purposes;and WHEREAS,it is in the best interest of the City of Delray Beach,Florida,to purchase said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE MY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Ste. That the City Commission of the City of Delray Beach,Florida,as Buyer,hereby agrees to purchase from Cannery Row, LLC, as Seller, for a purchase price not to exceed Five Hundred MAdy Thousand and 00/100 Dollars ($530,000.00), and other good and valuable consideration; said parcel with structure being more particularly described as follows: Lot 12, CANNERY ROW,according to the Plat thereof recorded in Plat Book 109,page 133,Public Records of Pala Beach County Florida or the City Conmission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase fwm Cannery Row, LLC, as Seller, for a purchase price of Two Hundred Thousand and 00/100 Dollars ($200,000.00), and other good and vahiable consideration; said parcel, without a structure, being more particularly described as follows: Lot 12,CANNERY ROW,according to the Plat thereof recorded in Plat Book 109,Page 133,Public Records of Palm Beach County Florida or the City Commission of the City of Delray Beach,Florida may terminate the purchase and sale agreement widww purchasing any property Scw= . That the terms and conditions c ontsmed m the contact for sale and pmochase and addenda thereto between the City of Delray Beach, Florida, and the Seller as heremsbove named are incorporated herein as Exhibit"A'% PASSED AND ADOPTED>m regular session on this?&t day of JmIL%2007. MAYOR ATTEST: City Clerk 2 RES.NO.39-07 J r� +r `r FiJ (iCAw k 100YJrtlJItFOYA l0eaons 1tlW1B a I mt v �U dam dam ,.,,rte 9 _ �vff �rff /rf.1 pp Yp ryry 0 0 tr e ryry nn I t t J l .11 11 IrDf+i0 m !I7 . i YF� ial g em II ej it f% $� 7 3Tk7 YWA876WIM --- ■-r-- u x ,Y, javoi 3UWAOr AYrAYJ1M j HIM I R' 7 �•` �1% `�� WfOT [via/ Km7 trial trial Rl% , 0107 I R amt 09.107 h trial Kf% n ir107 Or1% IN rat �- Q otml 49107 mial It mt tt107 Rim it set% Ami k' p y+1 rant Km7 K1107 cot m7 07 Rf07 Kl% 09!01 eR 371FOArk1 T �9Y K107 "y .7, tarsi '�N7OJ ,s. lOYY! amt PAT 0rm7 d F0 eY 9f 11 Y n li R N [r e R 7 w r/ tY a Jot .10 /0 i% mf t 0 l% 10T 07 I tafo7" clot I iZ � - - - - - - - - - — 1 � far atrA7:tezlnd n fooa AAG4l®6 CD JbOY wnvursxn rwm•am d +��'t /gtAp11007 1.mtltrpRmywpw ` AIrW LAww i' r'� MA wtHrt Yii ull fill v) rw isa F ' •n' C mom taoa fsrAlr AUAY � iYNd}pY3H NN7M-40 S1PJ 1SY3 fi M""9b ;tf u ��s n7 aNGi7' MAW z9 WI/z[X"Jvky fK•l a ras FL 40 AGGVLl787S YL X WUWd d X IV7d3N d aY 38 I�'' M O y A N 3 NN V 0 l 000.)'OIS:t.T+s--Mld L66tl--r'.w.rVLO-axEZt33M81vwwu3/WwJw"pwavo TM3Nv91.�'u�uOlrIrOIZ � � o oQ LJJ 2a�N Q- mW=,R � ¢�Q N NWT N mgN ti J Jrl ¢ En Q axm � jze a �oc O � Up �V 0� 24.0' 25.0' 25.0' z Q QC�O 3 LOT 10 nl J 25-) �W& CARRY ROW(PLAT N BOOK X19, PAGES 133-134 ' ) 'Q U a ksOroobn'z= os �d=� lw LOT 17 15'X10.5'PROPOSED J W �'� z mo 00170 RHANG EASEh£IVT N W ��v 2195' -4-00,t 0 � Z (Zj SOUTH CANNERY 1183' 0 1300, W O 0 Q ROW CIRCLE (j N90�000'E �O 'p' Q 0 W TRACT"r CAWRY ROW �p ��" W m Q m (PLAT B001C OR PAGES 133-134) Z�oO'z(v Q Al J90°00100 . f, n O �oQ QI Z Q)ca p��o m W o m Z O J go 34.00' z50' 25.0 5'GUE. (PLAT BOOK J4.00' 2000 o Xl,PAGES 133-134) 589 939' N N N.E. 3RD STREET _ 50'RfGHT OF WAY PER PLAT BOOK 9 PAGE'3 b N N BLOCK 74, SUBDIVISION OF BLOCK 74 (PLA T BOOK 11, PAGE 12) w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: August 22, 2014 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 PROPOSED CHANGES TO THE RULES OF PROCEDURE FOR THE CITY COMMISSION BACKGROUND At the May 6, 2014 City Commission meeting, there was discussion regarding a clarification to the parliamentary rules for Commission appointments of vacancies to boards, commissions and committees. The Commission directed the City Attorney to amend the rules for deferring an appointment and the consequences for when a Commissioner is absent. The proposed policy revisions were drafted by the prior City Attorney as a result of her understanding of the Commission discussion. I have watched the video and listened to the discussion and believe the revisions are consistent with the Commission's directives. DISCUSSION The item before the Commission proposes to make revisions to the Commission Rules of Procedure. RECOMMENDATION The City Attorney recommends approval of the rule changes. RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION I. GENERAL PARLIAMENTARY RULES. The general parliamentary procedure to be followed by the City Commission of the City of Delray Beach,Florida, except as otherwise modified by the City Commission or as modified or amended herein, shall be in accordance with the rules of parliamentary- procedures entitled"Robert's Rules of Order",being the reprint of the 1907 edition. II. LOCAL RULES. A. The following Local Rules of Procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall modify or conflict with the standard "Robert's Rules of Order" as adopted above, these Local Rules shall prevail to the extent of their conflict or inconsistency with "Robert's Rules of Order". In addition to these local rules, rules for quasi judicial proceedings shall apply to proceedings which require quasi judicial hearings. 1. Regular meetings of the City Commission shall be held on the first and third Tuesdays of each month, with the exception of the month of December and any Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month of December only,the regular City Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City Commission meeting on the date of a Delray Beach municipal election. A meeting that would otherwise have been scheduled for such date shall be held on the Thursday immediately following the election at 6:00 p.m. at City Hall. The second regular meeting during the month of March shall take place immediately after the annual organizational meeting and the swearing in of the new Commission. 2. Workshop meetings of the City Commission shall be held on the second Tuesday of each month at 6:00 p.m. in City Hall, except that there shall be no workshops in the month of December. 3. All regular City Commission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the City Commission. All workshop City Commission meetings will be held in either the Fast Floor Conference Room or the Commission Chambers at City Hall, as determined by the Page 2 City Manager. All meetings of the City Commission shall end by 11:00 p.m. unless extended beyond 11:00 p.m. by a motion of the City Commission pursuant to Section 3.12 of the City's Charter. Thereafter, the meeting shall end upon the conclusion of each hour (12:00, 1:00, etc.), unless extended by a motion of the City Commission pursuant to Section 3.12 of the City's Charter for each hour. Any unfinished business shall be considered at a time and place set by the City Commission. 4. There may also be special workshop meetings at such other times as so designated in advance by the City Commission for the purposes of holding joint meetings with City boards, etc., to include receiving annual reports and presentations from the City's boards, committees, agencies and authorities, or for such other purposes as may be deemed necessary or desirable by the City Commission. 5. Special meetings shall be called at the request of the Mayor in accordance with the provisions of the City Charter and the Code of Ordinances. 6. To the extent compatible with the conduct of business, all workshop meetings shall be held on an informal basis. The applicability of the City's general rules shall not be strictly applied. Public comments after presentations will be limited to three (3) minutes at the Mayor's discretion or by consensus of the City Commission. Presentations made at workshop meetings shall be limited to fifteen (15) minutes, unless the Commission, by consensus, agrees to extend the time. In the event there is a special meeting agenda during a workshop meeting,public comment on only the special meeting agenda items, not to exceed 3 minutes per person in total, shall be allowed prior to the start of the special meeting agenda. 7. Although appropriate members of the City Attorney's Office and City Administration may place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, except that a majority of the members of the City Commission may request that the City Manager's office place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its members wish to place or remove an item on an agenda, or if any member of the Commission has a question or concern about an item, any such request or inquiry shall be directed to the City Manager's office for disposition as opposed to any Commission member contacting any City officer or employee who is subject to the direction and supervision of the City Manager. 8. With regard to the agenda for regular City Commission meetings,the following shall apply: a. To the extent possible,the City Administration shall group all matters by subject area,and shall place as many as possible on the consent portion of the agenda. Page 3 b. The agenda format shall be generally as follows: A call to order, invocation, pledge of allegiance,formal approval of minutes, and presentations,if any,public comments and inquiries from the floor, formal approval of the agenda, the consent agenda,the regular agenda; public hearings, first readings of ordinances, followed by items not specifically on the published agenda from the City Manager, the City Attorney, and members of the City Commission. The public comment and inquiry portion shall not extend.beyond 7:00 p.m. and in the event there are persons who have not been able to voice their comments prior to 7:00, the public comment portion shall resume after the public hearing segment of the agenda. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon thereafter as possible. c. Any items received during the public comment portion of the regular agenda may, at the discretion of the Commission, be discussed by the City Commission at the time of such presentation, may be directed by the Commission to the City Manager for action or resolution, or may be added to a subsequent workshop agenda if a member of the City Commission so specifically requests. d. (1) Votes taken on ordinances, resolutions, and motions shall be by roll call and shall be recorded by the City Clerk The roll call shall be on a rotating basis and according to the numbered Commission seats,i.e.: Motion A- Order of rotation: Seat 1,Seat 2,Seat 3,Seat 4, Seat 5 Motion B - Order of rotation: Seat 2, Seat 3,Seat 4,Seat 5,Seat 1 Motion C- Order of rotation: Seat 3, Seat 4,Seat 5,Seat 1,Seat 2,etc. (2) There shall be no votes taken on any non-published/non-agendaed items, except upon the declaration of an emergency in which case the City Commission shall follow the voting requirements pursuant to Section 3.12 of the City's Charter. e. All public comment on agendaed or non-agendaed items shall be limited to not more than three (3) minutes,in total,per person at regular Commission meetings and two (2) minutes, in total, per person at workshop Commission meetings subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension of time. Public comment on quasi-judicial items and items that have been set for a formal public hearing shall only be allowed when those items are specifically heard by the Commission. All public 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 vote of the Commission members pursuant to Section 3.12 of the City's Charter. f. The Mayor shall have the authority to limit immaterial, unnecessary, or redundant presentations or requests. Page 4 9. The City Commission of the City of Delray Beach is committed to maintaining civility in public and political discourse and expects the public to do the same. All comments by members of the Commission, advisory board members, and/or the public shall: a. Respect the right of all citizens in our community to hold different opinions; b. Avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; C. Strive to understand differing perspectives; d. Be truthful,not accusatory and avoid distortion; and e. Avoid violence, prejudice and incivility towards citizens, employes, and officials of the City of Delray Beach. III. CITY BOARD, COMMITTEE, COMMISSION AND AGENDA APPOINTMENTS. A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute,shall be made in accordance with the following procedures: 1. All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the members of the City Commission. This nomination shall be construed to be a Motion to Appoint. The Commission shall follow the voting requirements pursuant to Section 3.12 of the City's Charter. A separate rotation list shall be established by the City Clerk's office for each City board, commission, or committee, and the City Clerk's office shall maintain a record of the rotation list, the status of same, and the nominations made by each Commissioner. In any instance where a nomination to a board, commission or committee is scheduled for commission action at a City Commission meeting and the Commissioner who is next on the rotation is absent, the City Commission shall defer the appointment to the next regular meeting. In the event the Commissioner is not present at the subsequent meeting, then the nomination for the vacancy shall rotate to the next Commissioner on the rotation system present at that meeting_ A Commissioner may defer an appointment to the next regular meeting. If a Commissioner is not ready to make an appointment at the ne subsequent regular meeting then the nomination shall rotate to the next appropriate Commissioner present at the meeting. If a Commissioner is absent at the next regular meeting after a deferral.then the appointment may be deferred to the next regular meeting, should this Commissioner not be present at the subsequent meeting, then the nomination for the vacancy shall rotate to the next Commissioner on the rotation system present at that meeting. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules,i.e.: Board A— Order of Rotation: Seat 1,Seat 2,Seat 3,Seat 4,Seat 5 Page 5 Board B — Order of Rotation: Seat 2,Seat 3,Seat 4, Seat 5,Seat 1 Board C— Order of Rotation: Seat 3,Seat 4,Seat 5, Seat 1,Seat 2 3 e e .,.,t^ ,.t.,tie hst shag be stabhst,ea by the Ck r1 1 � ff f eaek t1 si Chy r^ a J � tLLV 1 J Vlli beard, e��ie r-e epee-- the C 1 � , , �x�c¢c�on-nsTefficc-sn 1 maintain reeerds e f the Fetati- 1:n+, tl.o__ talus ef same and the n9minatie d 6 1 Cemmissienen in «h L :1nl.ln at �'+. G where the Gewawsieaer- Y 0.VQ.L1^ V 1J LLI. L en the et t' absent, l L � t, A nL.,,ll ntpe this e..,t... .,t to the next ro,,, �nei�� nJ1V1 �� ^ � e this r',•°,.•"•.• nieaer net be p t t ah Subsequent Ll , t' , theft the neminatien At_shag pass to to E the r-etatien t - that 4. In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at. a City Commission meeting, is unable to accept or declines the appointment, for whatever reason, then the Commissioner who appointed the individual unable to serve shall have the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement appointment shall be made no later than the second regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement appointment is not made within this time frame, then the nomination ability shall pass to the next Commissioner on the rotation system. If the Commissioner is absent at the second reguk meeting then the nomination may be deferred in accordance with Section IIIA.1. above. 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on that particular board, commission or committee, shall be to complete the unexpired term only, unless the unexpired term is for a period of time less than six (6) months. In that event, the appointed member shall then be allowed to serve the following full regular term without reappointment. 6. These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith,to the extent of such inconsistency. IV. CITY MANAGERJCITY ATTORNEY ANNUAL REVIEW The City Commission shall annually, in the month of May, conduct a performance evaluation and salary review of the City Manager and City Attorney. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Meeting held on ,2014. ATTEST: Chevelle D.Nubin,MMC City Clerk w MEMORANDUM W TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Terry Stewart, Interim City Manager DATE: August 22, 2014 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 RESOLUTION NO.44-14/MUNICIPAL SPECIAL/REFERENDUM ELECTION RESULTS BACKGROUND On August 26, 2014, in conjuction with the Primary Election, the City of Delray Beach held a Special (Referendum) Election on the question as stated below. REFERENDUM QUESTION 1 CHARTER AMENDMENT—REMOVAL OF THE CITY MANAGER THE CHARTER CURRENTLY REQUIRES THE AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE COMMISSION TO TERMINATE THE CITY MANAGER. UNDER THE PROPOSED CHARTER AMENDMENT, THE AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE COMMISSION WOULD BE REQUIRED TO TERMINATE THE CITY MANAGER. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES NO Resolution No. 44-14 has been prepared on the referendum which certifies and declares the results of the election held on August 26, 2014. Exhibit A to the resolution is a certification provided pursuant to Florida Statute Section 100.351, which requires that the "election officials" of the City certify the results to the Department of State, which shall enter the results in the official records to be held on file in the Office of the Department of State. In addition, Exhibit A also includes the voting information obtained by the City from the Palm Beach County Supervisor of Elections and the affidavit and advertisements as to the publications required by law. DISCUSSION Presented for your review are the official cumulative totals for the regular, absentee, and provisional ballots as provided by the Supervisor of Elections for Palm Beach County; indicating the results of the Special (Referendum) Election held on Tuesday, August 26, 2014. RECOMMENDATION Motion to accept the official cumulative totals for Ballot Question One including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Ballot Question One is APPROVED. RESOLUTION NO. 44-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, WITH RESPECT TO THE RESULTS OF THE REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY HELD IN THE CITY OF DELRAY BEACH, FLORIDA, ON AUGUST 26, 2014, ON THE THE CHARTER CHANGES PRESENTED IN ORDINANCE NO. 17-14; CANVASSING THE RETURNS OF SAID REFERENDUM AND DECLARING AND CERTIFYING THE RESULTS THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, (the "Commission"), by Resolution No. 27-14, duly adopted on June 3, 2014; and Ordinance No. 17-14, duly adopted on June 17, 2014 (the "Ordinance"), did propose to amend the Charter of the City, said Ordinance and Resolution having further provided and directed that notice of said Referendum is given by publication in accordance with state law, City Charter and City ordinance;and WHEREAS, due and regular notice of said Referendum has been published in the Sun Sentinel and El Latino Semanal Inc. newspapers of general circulation within the City and said publications having been made in English and in Spanish respectively, each once in the fifth week prior to the week in which the Referendum was held, at least 30 days prior to August 26, 2014 and in the third week and seven days prior to the date the Referendum was held, to wit August 26, 2014; and WHEREAS, the Supervisor of Elections of Palm Beach County has provided the Commission with the results of the Referendum for the purpose of canvassing the returns and declaring and certifying the results thereof;and WHEREAS, said Referendum has been duly and properly held in accordance with law and that a copy of the certificate certifying the results of the Referendum to the Florida Department of State (in substantially the form attached hereto as Exhibit "A"), has been delivered to this Commission for the purpose of declaring and certifying the results thereof;and WHEREAS, the official returns of said Referendum delivered to this Commission by the Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the qualified electors residing in the City APPROVE amending the Charter of the City. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Commission at this meeting duly held, having received the results from the Supervisor of Elections, hereby canvasses the returns of said Referendum and determines, finds, declares and certifies the results thereof with respect to the Question as follows: QUESTION 1 CHARTER AMENDMENT—REMOVAL OF THE CITY MANAGER THE CHARTER CURRENTLY REQUIRES THE AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE COMMISSION TO TERMINATE THE CITY MANAGER. UNDER THE PROPOSED CHARTER AMENDMENT, THE AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE COMMISSION WOULD BE REQUIRED TO TERMINATE THE CITY MANAGER. SHALL THE CHARTER AMENDMENT BE ADOPTED? (a) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "Yes" was 3,137. (b) The total number of votes cast in such Referendum by said qualified electors residing in the City that voted "No"was 1,899. (c) A majority of the votes cast in such Referendum by such qualified electors in the City APPROVE amending the Charter of the City to change from a supermajority to a simple majority to remove the city manager. Section 2. That said Referendum was in all respects conducted in accordance with law, and that all steps in connection with and preceding such Referendum have been duly, regularly, lawfully taken and that the statutes and constitution of the State of Florida, the City Charter and City ordinances have been duly complied with in accordance with all their provisions. Section 3. That a true and correct copy of the certified results shall be filed by the Commission with the Florida Department of State in substantially the form attained hereto as Exhibit "A" (the "Certificate") and that the Commission shall secure an affidavit of publication from the publishers of the Sun-Sentinel, and El Latino Semanal Inc. attesting to the publications of the notice of the Referendum (the "Affidavit"). 2 RES. NO. 44-14 Section 4. That said returns shall be entered and recorded in the minutes of the Commission; and this Resolution, the Affidavit and Certificate shall be recorded in the minutes of the Commission. Section 5. All resolutions or parts thereof in conflict or inconsistent herewith are hereby repealed insofar as any conflict or any inconsistencies exists. Section 6. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this 4`h day of September, 2014. CITY OF DELRAY BEACH, FLORIDA MAYOR ATTEST: City Clerk 3 RES. NO. 44-14 Exhibit "A" CERTIFICATE OF CITY CANVASSING BOARD CITY OF DELRAY BEACH, FLORIDA REFERENDUM AUGUST 26, 2014 STATE OF FLORIDA PALM BEACH COUNTY Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the undersigned, Cary D. Glickstein, Mayor of the City of Delray Beach, Shelly Petrolia, Vice-Mayor, Jordana Jarjura, Deputy Vice-Mayor, Adam Frankel, City Commissioner, and Alson Jacquet, City Commissioner do hereby certify that on the 4`h day of September, A.D., 2014, we canvassed the votes as shown by the records on file in the Office of the Supervisor of Elections. WE do hereby certify from said returns as follows: That for the City of Delray Beach, Florida, Referendum, the whole number of votes cast was 5,036 votes of which number the City electors voted in the following manner in connection with the referendum listed below. QUESTION 1 Yes 3,137 No 1,899 Witness our hands and seal this the 4T' day of September, 2014. Cary D. Glickstein, Mayor Shelly Petrolia, Vice-Mayor Jordana Jarjura, Deputy Vice-Mayor 4 RES. NO. 44-14 Adam Frankel, City Commissioner Alson Jacquet, City Commissioner 5 RES. NO. 44-14 z ui Q �3°a �� o m�`° � W�' � } N ca n qr CF) C r V, r r.- m to rn 47 oa n N N O ,�a�i N ei ovti N kn IDIr aO �� yp u� Q N o CV CO N.- y ED C C C V a a a m IL cn a m n o v Q � 7 0 may° v as ] � C7 �•] a 7 Q > ] U E m o 7 ° o ID c in C7 y in t y c w� M v w=g v C7 U'GC CL m v ,m ul m � o. W m` 0 ❑ �a-� ❑ �—W ❑ Uz ' ,o �'vc°7vena°a � ° O r N .7 u3y r,{p1 C4 W) 07 tD V' (Ny O N N ti t` 41 (U P7 T'R r W SNV:f� 47 c6ryff'ti r Ni t9_4i e� rNS N A m t� v cfl e� pp� yyrrN r C4 N +a Y 'N YV 'A W 4 M 00 N N J a, � w A/ lu V U LL G = F G a m a j �•mp Ltr U m �'.. > r3 > Rom v `� CL 7 Q N o (7 (J n O 1.0 z m '. 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Vi O C m n m 1 a -S o � v o ! c 0 o m > A 7 a L 7 m CL > a > v n 41 E at n w E o (U V a c U o } CD d L) > O E v n S v O r U 4 4 C ,L7 0 r W C Ij GO 0 v S N p p a m rn� ID mF� LL t � ..- J L5 C -4 - w C ja 3 .N Q 1!1 N v O 4� Lll L m Lsl E0,d aZZ9 9S9 T 9S SNO I I9S-1S d0 wsinr odns 62:2T V TOE-20-d9S 'd -lu 1 1 7 K V) CM C / Fr 19 M & « g 2 . 23 . . . . . � � � k \ C3 \ .� ce R UA Lu b cl @kEm \�iN C3 � Go a . . 2V)� � «�E7� X73 mLu UJ � ° qu)&gyp Lo � ® J k Q \ U � � U . � � . $$ ƒt �n ¢k E$ f � - 2 $ B . m k # \ . - a ; ■ § \ \ 0 / \ k 0 @k t m LU 0 _ % Z. clul \ E§ m ' J a 06 0 20 § 3 LL-;c G �z = 20' zg 9 e !e§ S OIl 3] AO �jo SIn]d S 62:2T VTO-8 d S r MEMORANDUM r TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: August 22, 2014 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD BACKGROUND The term for regular member, Mrs. Thuy Shutt will expire on August 31, 2014. Mrs. Thuy Shutt will have served one (1) full term, is eligible, and would like to be nominated for reappointment. However, her application was not submitted or received. Therefore, nomination for appointment is needed for one (1)regular member to serve a two (2)year term ending August 31,2016. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. In addition, the City Commission shall fill four seats on the Board with either an architect, landscape architect, realtor/real estate broker, engineer, developer, general contractor, land planner or land use attorney. The remaining three seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A"attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2) for one (1)regular member to serve a two (2)year term ending August 31, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Planning and Zoning Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment for one (1) regular member to serve on the Planning and Zoning Board for two (2)year terms ending July 31, 2016. PLANNING & ZONING EXHIBIT A LeaAnne DeRigne Educator(currently serving on the Police Advisory Board) Steve Mackey Broker-Real Estate/Business Owner Kenneth Peltzie Health Administration/Self-employed Paul Pugliese Cartographer Ana Puszkin-Chevlin Urban Planning and Development Consultant/Self-employed Jerome Sanzone Building Official (also applying to the Board of Adjustment) Kevin Warner Educator(currently serving on the Civil Service Board) Bryan Weber Attorney (also applying to the Board of Adjustment and Code Enforcement Board) PLANNING AND ZONING BOARD 4/14 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2014 Clifford Durden,Vice Chair Educator Appt 08/17/10 Reappt08/07/12 08/31/2014 Derline Pierre-Louis Plan &Budget Appt 08/07/12 Reviewer 08/31/2014 Craig Spodak, Chair Dentistry Appt 09/07/10 Reappt 08/07/12 08/31/2015 Christopher Davey Real Estate Broker Appt 08/20/13 08/31/2014 Thuy Shutt, 2nd Vice Chair Assistant Director Reappt08/07/12 08/31/2015 Gerald Franciosa Accounting/Retired Appt 10/01/13 Law Enforcement 08/31/2015 Robin Bird Planning& Zoning Appt 04/16/14 Director Contact: Diane Miller x-7041 S/City Clerk/Board 14/Planning&Zoning \ U / W � \ Q / z w � 0 v w z z � \ � ^ o bA � \ N M O M O M M O M p M p M � •� / 00 W W W O W W W W W W / O O O O O O O O O O O O O A "� �C,� oo � •.�i �i Q' �+ ice■ ° "; = U O 0.0 1 E / V) ►` \"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/ '� r MEMORANDUM r TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: August 22, 2014 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT BACKGROUND The term for regular member, Mr. Mel Pollack will expire on August 31, 2014. Mr. Mel Pollack will have served two (2) full terms and is not eligible for reappointment. Please be advised that Ms. Brenda Cullman is an alternate member and would like to be considered for regular membership. Nomination for appointment is needed for one (1) regular member to serve a two (2) year term ending August 31, 2016. The Board of Adjustment shall consist of five (5) regular members and two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill three seats on the Board with either an architect, landscape architect, realtor/real estate broker, engineer, general contractor or land planner. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to the board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat#2) for one (1)regular member to serve a two (2)year term ending August 31, 2016. DISCUSSION This item is before the City Commission for a nomination for appointment to the Board of Adjustment. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for appointment of one (1)regular member to serve on the Board of Adjustment for a two(2)year term ending August 31, 2016. BOARD OF ADJUSTMENT EXHIBIT "A" Brenda Cullinan Retired Superintendent—Alternate Incumbent Jerome Sanzone Builder/General Contractor (also applying to the Planning and Zoning Board) Alan Siegel Attorney (currently serving on the Police Advisory Board) Kevin Warner Educator(currently serving on the Civil Service Board) Bryan Weber Attorney (also applying to the Planning and Zoning Board) BOARD OF ADJUSTMENT 07/14 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2015 Harvey Starin Real Estate Broker Appt 08/16/11 Reappt 08/20/13 08/31/2014 Mel Pollack,Vice Chair Retired- Security Appt 08/19/09 alt Unexp Appt 02/16/10 reg Reappt09/07/10 Reappt08/21/12 08/31/2016 Dale Miller Interior Designer Appt 08/16/11 alt Unexp Appt 09/20/11 Reappt08/21/12 Reappt 08/19/14 08/31/2016 Allen Kilik, Chair Retired-CEO Unexp Appt 05/17/11 reg Unexp Appt 10/19/10 alt Reappt08/21/12 Reappt 08/19/14 08/31/2015 Michael Park Attorney Unexp Appt 06/07/11 Appt 08/16/11 reg Reaapt08/20/13 ALTERNATES 08/31/2015 Brenda Cullinan Retired Unexp Appt 11/01/11 Reappt10/01/13 08/31/2015 Jess Sowards Architect Unexp Appt 04/16/13 S/City Clerk/Board 14/Board of Adjustment Contact: Yolaina Ruiz 243-7056 \ U / \ Q / z i W i \ N M N M M N M M O M 00 00 06 W O O O O O O O O W W W W W W all \ Z .C.0 / � 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart,Interim City Manager DATE: July 31, 2014 SUBJECT: AGENDA ITEM 9.G.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD BACKGROUND There is a vacancy on the Code Enforcement Board due to the resignation of Mr. Robert Marks. The term is unexpired ending January 14, 2015. Please be advised that Mr. Brodka is an alternate member and would like to be considered for regular membership. Nomination for appointment is needed for one (1)regular member. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Dennis Guy. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat#1) for one (1)regular member to serve an unexpired term ending January 14, 2015. DISCUSSION This item is before the City Commission for nomination for an appointment to the Code Enforcement Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1)regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2015. CODE ENFORCEMENT BOARD EXHIBIT "A" Stanley Brodka Insurance-Regional Vice President—Alternate Incumbent LeAnne DeRigne Educator(currently serving on the Police Advisory Board) Suzanne Donohue Real Estate Associate Cory Duncan Construction/Project Management Pearl Elrod-Markfield Real Estate Associate Dennis Guy Finance/Builder Linda Laurence-Leib Retired Educator Noelle McIntyre Real Estate Broker Melvin Pollack Retired/Security (currently serving on the Board of Adjustment) Daniel Rose Attorney Alan Siegel Attorney (currently serving on the Police Advisory Board) Kevin Warner Educator(currently serving on the Civil Service Board, also applying for The Board of Adjustment, Code Enforcement Board and the Public Art Advisory Board) Bryan Weber Attorney (also applying for the Board of Adjustment) 07/14 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2016 Jason Dollard Attorney Layperson Unexp Appt 4/21/11 Reappt 01/03/13 01/14/2016 Kevin Homer Insurance Layperson Appt 01/03/13 01/14/2017 Ross Freeman Retired/Sales & Business Appt 4/16/2014 Relationship Person Management 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 Vacant 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 Stanley Brodka Financial Services Layperson Unexp Appt 03/04/14 Contact: Danise Cleckley 243-7213 S/City Clerk/Board 14/Code Enforcement Board � o� � ° d' A•a A-i A-i d' A•a d' A•a I I W � � A� A-i A-i d' A•a A-i A-i A-i I I \ 0 A ti 0 w w � w 7Vy --i ~ i••I ~ 'M-I "'i Q� '� Q��++ �•I �:y a i••I M "i ^� \ \ O C N O �./ 0 0 0 •.r ,� O [Q FT1 N r.. CL CL ^' O.`� ^' '� M N CL--i R Nly N ay O� N (� GLD � fl•� ti per„ a a � � a0 � cC �o � ao ,�, o � p�'. C",�, � �. 0�.� �' aN as"i co Z �� r� wt xa� tx � � r� wtx � awcn � �wA � r� w ^� �wtx � �w A � wcn � w � % ►` \"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/ '� r MEMORANDUM r TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: August 1,2014 SUBJECT: AGENDA ITEM 9.H.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD BACKGROUND There is a vacancy on the Public Art Advisory Board. The term is unexpired ending July 31, 2015. Nomination for appointment is needed for one (1) regular member to serve an unexpired term ending July 31,2015. On February 1,2005,the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection,construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A"attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and the individuals are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4)for one (1)regular member to serve an unexpired term ending July 31,2015. DISCUSSION This item is before the City Commission for nomination for an appointment to the Public Art Advisory Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1)regular member to serve on the Public Art Advisory Board for an unexpired term ending July 31,2015. PUBLIC ART ADVISORY BOARD EXHIBIT A Steven Blackwood Sculptor/Artist Angela Budano Land Planner/Event Coordinator(Currently serving on the Historic Preservation Board) Amy Holland Retired/Free Lance Designer Daniel Rose Attorney Sandy Trento Educator Kevin Warner Educator(currently serving on the Civil Service Board, also applying for the Board Of Adjustment and Code Enforcement Board) Glenn Weiss Public Art Consultant Christina Wood Editor Manager of Art & Culture Magazine PUBLIC ART ADVISORY BOARD 07/14 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/15 Daniel Bellante Business Owner Unexp Appt 03/20/12 Reappt07/09/13 07/31/16 Sharon Koskoff Artist Appt 07/17/12 Reappt07/01/14 07/31/15 Vacant 07/31/16 Shirl Fields Jewelry Appt 07/15/14 Designer/Retired 07/31/16 Kevin Rouse Artist/Photographer Appt 07/17/12 Reappt07/01/14 07/31/16 Carolyn Pendelton-Parker Landscape Architect Appt 08/07/12 Reappt07/01/14 07/31/15 Patricia Truscello Public Relations Appt 05/21/13 Unexp Appt+ Specialist 2 yr Contact: Suzanne Davis 243-7151 S/City Clerk/Board 14/Public Art Advisory Board QN zN i wN � N N z � x U / 0 \ •e�C .� �' eC eC tom. � � � � ' / w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Lisa M. Herrmann, Budget Officer THROUGH: Terry Stewart, Interim City Manager DATE: August 11, 2014 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 RESOLUTION NO.40-14 TENTATIVE MILLAGE LEVY BACKGROUND This item before Commission is Resolution No. 40-14 which tentatively levies a tax on all properties in the City of Delray Beach for FY 2015. The proposed millage rate for FY 2015 is 7.4639 which can still be reduced at the second budget hearing on September 16, 2014 when the final millage rate is adopted. The proposed FY 2015 operating millage is 7.1611 while the proposed FY 2015 debt service millage is 0.3028. The proposed operating millage is more than the rolled back rate (6.6895) by 7.05%. The total millage rate for FY 2015 (both operating and debt service) is less than the total millage for FY 2014 by 0.0425 or 0.57%. The final operating and debt service millage rates will be determined by the City Commission on September 16, 2014. The assessed valuation on all taxable property within the City for operating purposes is $7,243,588,617. The assessed valuation for debt service is $7,245,558,073. The reason for the differential is the exemptions that were granted to the historic properties in the City. They apply to the operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to adoption of the resolution. The final FY 2015 millage rate and budget are scheduled for adoption on September 16, 2014. RECOMMENDATION Recommend approval of Resolution No. 40-14 (Tentative Millage Levy for FY 2015) RESOLUTION NO. 40-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That a tax of $7.1611 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2014, and ending September 30, 2015. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $7,243,588,617. The tentative operating millage rate of$7.1611 per one thousand dollars ($1,000.00) is greater than the rolled-back rate of$6.6895 per one thousand dollars ($1,000.00) by 7.05%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,084,614. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.3028 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2014, and ending September 30, 2015, upon the taxable property of the City of Delray Beach, the assessed valuation being$7,245,558,073. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That a public hearing was held on the proposed budget on September 4, 2014. PASSED AND ADOPTED in regular session on this the 4th day of September, 2014. MAYOR ATTEST: City Clerk 2 RES. NO. 40-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Lisa M. Herrmann, Budget Officer THROUGH: Terry Stewart, Interim City Manager DATE: August 11, 2014 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 RESOLUTION NO.41-14(TENTATIVE MILLAGE LEVY DDA) BACKGROUND Resolution No. 41-14 tentatively levies a tax in the amount of 1.0000 mil on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2015. The proposed millage rate of 1.0000 for the DDA is the same as FY 2014 and is greater than the rolled back rate (0.93555) by 6.89%. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $644,882,663. A copy of the proposed DDA Budget for FY 2015 is attached. Final adoption of the DDA tax levy for FY 2015 is scheduled for September 16, 2014. DISCUSSION Resolution No. 41-14 tentatively levies a tax in the amount of 1.0000 mil on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2015. RECOMMENDATION Recommend approval of Resolution No. 41-14 - Tentative DDA Millage Rate for FY 2015. RESOLUTION NO. 41-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2014, and ending September 30, 2015. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $644,882,663. The tentative operating millage rate of $1.000 per one thousand dollars ($1,000.00) is more than the rolled-back rate of$0.9355 per one thousand dollars ($1,000.00) by 6.89%. Section 2. That the above tentative millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 4, 2014. PASSED AND ADOPTED in regular session on this the 4th day of September, 2014. MAYOR ATTEST: City Clerk 2 RES. NO. 41-14 DOWNTOWN DEVELOPMENT AUTHORITY Downtown DeIrayBeach.com BOARD OF DIRECTORS July 7, 2014 Seabron A.Smith vice-chaimlan To: Jack Warner, Chief Financial Officer TED Center City of Delray Beach David Cook Treasurer Hand's Stationers RE: Delray Beach Downtown Development Authority Meeting—July 7, 2014 Albert Richwagen The Seagate Hotel & Spa,Delray Beach Secretary Richwagen's Sicycies Bonnie Beer Gaffe Luna Rosa At the regular Downtown Development_Authority (DDA) meeting held July 7, Ryan Boylston 2014 the Board unanimously approved the 1 mil Valuation Assessment request. FuturisticWoo At the Goals and Budget Setting Workshop was held as well and the budget GFA International,Frank r atio et e Inc. g approved was discussed. The 2014-2015 bud will be at the next regular Board meeting to be held on August 11, 2014 then forwarded to the City. Scott Kennedy Union Delray The DDA budget is part of the City budget and as such is advertised for public hearing and then forwarded to the City Commission for approval. Marjorie Ferre xecutive Director ,l Date cc: DDA Board of Directors F 85 SE 4th Avenue, Suite 105, Delray Beach, FL 33483 • (561) 243-1077 Fax: (561) 243-1079 DDA BUDGET 2013/2014&Approved Budget 2014/2015 Top Line Report As of July 30th, 2014 Mid Year Approved Amended Budget Budget Proposed Budget 201314 2013-14 2014-15 Revenues; --------------- AD VALOREM TAXES&INTR. 535,7 06 571,951 615,032 SPONSORSHIP RAISED 57,000 89,539 61,000 Total Revenues 592,706 661,489 676,032 Expenditures: -MARKETING/PROMOTION _26,5_,358 213,337 - ECONOMIC DEVELOPMENT 25,000 18,411 49,759 RETAIL PROMOTIONS PLACE MAKING 25,000 22,361 45,320 ECONOMIC DEV GRANTS 50,000 50,000 60,000 TOTAL DDA PROJECTS _285,528 356,130 368,416 Payroll Expenses 211,802 218,755 224,403 ---------- Operational Expenses 37,131 21 W39,863 39,446 y= y Office Expenses 34,762 37,445 38,560 Total Admin. Expenses 283,695 296,063 302,409 Total Revenues 592,706 661,489 676,032 Less Total Expenses 569,223 652,194 670,825 Net Income for year 23,483 9,296 5,207 Raised Revenues-Private SPONSORSHIP RAISED 57,600 89,539 ay 0 IN KIND REVENUES 35,074 Total Raised Revenues 57,000 124,612 0 DDA ESTIMATED INCOME EXPENDITURE 2013/2014 AND PROPOSED BUDGET 2014-2015 A B D F M 1 Updated 7/30/2014 1 2 6 Mid Year Approved Amended A Budget Budget Proposed Budget 2 Revenue&Expenses 2013-14 2013-14 2014-15 3 REVENUES 4 AD VALOREM TAXES&INTR. 5 1 Ad Valorem Taxes 534,956 571,843 614,922 6 2 Interest earned 750 108 110 7 3 AD VALOREM TAXES&INTR. 535,706 571,951 615,032 8 SPONSORSHIP RAISED 9 4 Sponsorship Income-Marketing 8,250 10 5 Miscellaneous Income 3,239 11 5 Guide book Income 21,000 22,050 25,000 12 7 Howard Alan 36,000 36,000 36,000 13 8 Other Legacy Partners 20,000 14 9 SPONSORSHIP RAISED 57,000 89,539 61,000 15 10 TOTAL REVENUES 592,706 661,489 676,032 EXPENDITURES 16 MARKETING/PROMOTION 17 11 Downtown Guide Book 21,000 22,391 25,000 18 12 Visitor Info.Centre Phone&Utilities 3,100 1,546 1,600 19 13 Visit Florida Welcome Centers 2,300 3,259 3,300 20 14 Website Design&Update 5,000 8,087 11,359 21 15 Other Misc.Advertising expenses 2,000 11,058 10,000 22 16 Marketing/Advertising 152,128 219,017 162,078 23 17 MARKETING/PROMOTION 185,528 265,358 213,337 24 1S ECONOMIC DEVELOPMENT 25,000 18,411 49,759 25 19 RETAIL PROMOTIONS 261 20 PLACE MAKING 25,D00 22,361 1415-,3-2.-0- 5 320 27 ECONOMIC DEV GRANTS 0 28 21 Pineapple Grove 5,000 5,000 5,000 29 22 West Atlantic 5,000 5,000 5,000 30 23 ChirstmasTree Partnership 40,000 40,000 30,000 31 24 Christmas Tree Maintenace 20,000 32 25 TOTAL ECON DEV GRANTS 50,000 1 50,000 60,000 33 26 TOTAL DDA PROJECTS 285,528 356,130 368,416 Expenditures 34 Office/Administrative 35 27 DDA Payroll 170,312 175,000 180,253 36 28 P/R taxes,SUTA,FUTA 13,677 14,036 15,986 37 29 Health Insurance 13,176 15,063 13,051 38 30 Worker's Comp,Ins 961 979 1,027 39 31 Retirement 13,675 13,677 14,086 40 32 Payroll Expenses 211,802 218,755 224,403 41 33 Independent Contractor 2,000 533 25,000 42 33 External Audit Fees 6,800 6,800 6,800 43 34 Bookkeeping&Payroll Svcs 4,660 4,749 4,963 44 35 Dues,Subscriptions 3,500 3,822 4,100 45 36 Board Liability Ins+Office Contents 7,715 7,564 7,942 46 37 Property Appraiser Fee 4,456 4,557 5,101 47 38 Conferences Travel Meetings 10,000 11,839 10,000 48 39 Legal Fees D 0 540 49 40 Deferred Expenses 20,000 35,000 0 50 41 Operational Expenses 37,131 39,863 39,446 51 42 Car allowance 3,600 3,900 3,900 52 43 Phones 5,800 5,780 S,S20 53 44 Office Supplies&repairs etc 6,062 8,730 8,440 54 45 Postages&Printing 2,500 2,335 2,400 55 46 Office rental 16,800 16,700 18,000 56 47 Office Expenses 34,762 37,445 38,5fi0 Page 1 of 2 DDA ESTIMATED INCOME EXPENDITURE 2013/2014 AND PROPOSED BUDGET 2014-2015 A B D F M 1 Updated 7/34/2014 1 2 6 Mid Year Approved Amended A Budget Budget Proposed Budget 2 Revenue&Expenses 2013-14 Z013.14 2014-15 57 48 Total Office/Administrative 283,695 296,063 302,409 59 A9 Tatal Revenues 592,706 661,489 676,032 60 50 Less Total Expenses 569,223 652,194 670,825 61 51 Net Income for year 23,483 9,296 5,207 62 63 52 In Kind Revenues 35,074 Page 2 of 2 DDA MARKETING ADVERTISING BUDGET 2013/2014 PROPOSED BUDGET 2014/2015 Updated 7/30/2014 - - 1 - 2 - 4 Mid Year Approved Amended Proposed Budget Budget Budget MARKETING/ADVERTISING. 2013-14 2013-14 2014-15 MONTHLY MARKETING CAMPAIGN 4 TOTAL CREATIVE &BROCHURE PRINTING 41,000 69,099 40,000 7 TOTAL LOCAL PRINT ADVERTISING 10,000 9,013 12,400 11 TOTAL INTERNET ADVERTISING 37,000 31,358 29,000 15 TOTAL MEDIA ADVERTISING 30,000 21,099 25,950 25 TOTAL LOCAL/REGIONAL/NTL PUBLICATIONS 32,750 51,277 27,529 26 RETAIL PROMOTIONS 19,378 37,171 27,199 27 SUB TOT MARKETING/ADVERTISING 170,128 219,017 162,078 28 LESS EXPS-SPONSOR TO BE RAISED (18,000) (11,489) 0 29 TOT MARKETING/ADVERTISING EXPENSES BUDGET 152,128 207,528 162,078 MARKETING ADVERTISING for Budget Year 2 13-2014 AND PROPOSED BUDGET FOR 2014-2015 Updated 7130/2074 1 2 6 I Mid Year B Approved Amended Proposed Budget Budget Budget MARKETING &ADVERTISING. 2013-14 2013-14 2014-15 MONTHLY MARKETING CAMPAIGN CREATIVE& BROCHURE PRINTING 1 All Creative 29,000 53,828 33,000 2 Monthly Web Updates _ 5,000 7,439 2,000 3 Printing- Brochure 7,000 7,833 5,000 4 TOTAL CREATIVE& BROCHURE PRINTING 41,000 69,099 40,000 5 LOCAL PRINT ADVERTISING 6 Newspapers 10,000 9,013 12,400 7 TOTAL LOCAL PRINT ADVERTISING 10,000 9,013 12,400 8 INTERNET ADVERTISING 9 Social Media Facebook etc. & Monthly Web 30,000 28,383 28,000 10 Public Relations 7,000 2,975 11000 11 TOTAL INTERNET ADVERTISING 37,000 31,358 29,000 12 MEDIA ADVERTISING 13 TV5-:15 spots-In-kind summer 30,000 21,099 21,000 14 Video Production 4,950 15 TOTAL MEDIA ADVERTISING 30,000 21,099 25,950 16 TOTAL MONTHLY CAMPAIGN 118,000 130,569 107,350 17 LOCAL/REGIONAL/NTL PUBLICATIONS 18 Delray Beach Magazine 8,000 6,000 4,000 19 Boca Magazine 2,000 4,000 4,000 20 Other Publications 2,000 18,629 2,500 21 Travel Guide to Florida-Annual 3,950 2,993 2,993 Horizon Travel Magazine-Wallstreet Journal &Canadian 22 Edition 9,000 8,880 9,000 23 Visit Florida -Beach Magazine 3,200 2,533 2,533 24 Publications-Creative 4,600 8,242 2,503 25 TOTAL LOCAL/REGIONAL/NTL PUBLICATIONS 32,750 51,277 27,529 26 RETAIL PROMOTIONS 19,378 37,171 27,199 27 SUB TOT MARKETING/ADVERTISING 170,128 219,017 162,078 28 LESS EXPS-SPONSOR TO BE RAISED (18,000) (11,489) 0 29 TOT MARKETING/ADVERTISING EXPENSES BUDGET 152,128 207,528 162,078 Page 1 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Lisa M. Herrmann, Manager Planning, Budgeting & Control THROUGH: Terry Stewart, Interim City Manager DATE: August 12, 2014 SUBJECT: AGENDA ITEM 10.C.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 RESOLUTION NO.42-14(TENTATIVE BUDGET ADOPTION FOR FY 2015) BACKGROUND Resolution No. 42-14 provides for tentative appropriations of sums of money for all necessary expenditures of the City for the period from October 1, 2014 to September 30, 2015. The tentative FY 2015 Budget appropriations are set forth in Exhibit A of the attached Resolution No. 42-14. The tentative budget utilizes an operating millage rate of 7.1611 and a debt service millage rate of 0.3028. Final millage rates will be determined by the City Commission prior to final adoption of the budget on September 16, 2014. Any recommended amendments to Exhibit A will be addressed in the resolution for final budget adoption. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to adoption of the tentative budget. Final adoption of the budget for FY 2015 is scheduled for September 16, 2014. A preliminary version of the budget, which has not substantially changed, was discussed with the Commission at its July 15 meeting. Updates and revisions resulting from ongoing budget development will be presented at the September 4th meeting. DISCUSSION Resolution No. 42-14 provides for tentative appropriations of sums of money for all necessary expenditures of the City for the period from October 1, 2014 to September 30, 2015. RECOMMENDATION Staff recommends approval of Resolution No. 42-14 (Tentative Budget Adoption for FY 2015). RESOLUTION NO. 42-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE I" DAY OF OCTOBER, 2014, TO THE 30`t' DAY OF SEPTEMBER, 2015;TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1s' day of October, 2014, and ending the 30ffi day of September, 2015, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1s' day of October, 2014, and ending the 30''' day of September, 2015. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30'' day of September, 2014, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1s' day of October, 2014. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s' day of October, 2014. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Chief Financial Officer to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby tentatively adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That a public hearing was held on the tentative tax levy and the tentative budget on September 4, 2014. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 4th day of September, 2014. MAYOR ATTEST: City Clerk 2 RES. NO. 42-14 Exhibit A Budget Summary DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 0 0 937,190 0 937,190 ESTIMATED(REVENUES: TAXES Ma9as AD VALOREM TAXES 71611 49,278,460 0 0 0 49,278,460 AD VALOREM TAXES 0.3028 2,084,260 0 0 0 2,084,260 AD VALOREM-DELINQUENT 350,000 0 0 0 350,000 AD VALOREM-DDA 1 0000 0 615,032 0 0 615,032 Sales&Use Taxes 1,350,000 0 0 0 1,350,000 Utility Taxes 5,740,000 0 0 0 5,740,000 Other Taxes 4,079,000 0 0 0 4,079,000 Franchise, Licenses&Permits 9,659,280 0 1,800 0 9,661,080 Intergovernmental 7,760,970 0 67,750 864,900 8,693,620 Charges for Services 10,926,960 0 42,753,060 0 53,680,020 Fines&Forfeitures 908,500 0 0 114,250 1,022,750 Miscellaneous Revenues 7,626,140 61,000 250,840 183,990 8,121,970 Other Financing Sources 3,556,230 0 109,000 1,024,620 4,689,850 TOTAL REVENUES AND OTHER RNANCING SOURCES 103,319,800 676,032 43,182,450 2,187,760 149,366,042 TOTAL ESTIMATED REVENUES AND BALANCES 103,319,800 676,032 44,119,640 2,187,760 150,303,232 EXPENDITURES/EXPENSES: General Government Services 9,938,640 0 0 0 9,938,640 Public Safety 59,208,510 0 0 114,250 59,322,760 Physical Environment 567,170 0 28,042,730 0 28,609,900 Transportation 3,376,620 0 0 0 3,376,620 Economic Environment 8,035,110 670,825 0 1,181,270 9,887,205 Human Services 59,750 0 0 0 59,750 Culture&Recreation 12,870,710 0 3,809,710 875,690 17,556,110 Debt Service 4,199,840 0 2,821,790 0 7,021,630 Other Financing Uses 2,763,520 0 6,368,120 0 9,131,640 TOTAL EXPENDITURES/EXPENSES 101,019,870 670,825 41,042,350 2,171,210 144,904,255 Reserves 2,299,930 5,207 3,077,290 16,550 5,398,977 TOTAL EXPENDITURES AND RESERVES 103,319,800 676,032 44,119,640 2,187,760 150,303,232 MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: August 12, 2014 SUBJECT: AGENDA ITEM 11.A.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 ORDINANCE NO.26-14 BACKGROUND This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" to provide for increased residential and commercial collection service rates for Fiscal Year 2015. Garbage,recycling, yard trash, bulk trash and commercial fees are being amended: 1. Residential customer rates are increased by approximately 2.49% due to a corresponding increase in the Consumer Price Index(CPI). There is no change in the fuel surcharge so there is no corresponding rate increase or decrease due to fuel cost changes. 2. Commercial customer rates are also increased by the CPI increase by the same 2.49% with a 0% fuel adjustment. All rate changes have been reviewed and approved by Waste Management in accordance with the current Waste Management contract. These rates will go into effect October 1, 2014. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This item is before Commission to consider approval of an amendment to Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increased residential and commercial collection service rates for FY 2015. TIMING OF THE REQUEST Timely approval will permit necessary preparation for rates to become effective October 1, 2014. RECOMMENDATION Recommend approval of Ordinance No. 26-14. ORDINANCE NO. 26-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2015; PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/development shall be billed in accordance with the type of service that it is receiving: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll-Out Carts Monthly Service Cost Per Unit Garbage Collection 4-.64-$6.77 Recycling $2.68 $2.75 Yard Trash $2-.6-9$2.75 Total Fees--Contractor $11.97 $12.27 Cart Replacement .00 Administrative Fee .35 Franchise Fee (5%) 0.61 Less C & D Credit -0.20 Total Fees $42.72 z 13.03 Rear-Door Owner Container Cost Monthly Service Per Unit Garbage Collection $4748 $17.81 Recycling $2-.6S $2.75 Yard Trash 42,69$2.75 Total Fees--Contractor X4$23.31 Administrative Fee 0.35 Franchise Fee (5%) $4444 $1.17 Less C & D Credit -0.20 Total Fees $25.46 $24.63 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Cost Monthly Service Per Unit 2 ORD. NO. 26-14 Garbage/Trash Collection $4--47-$4.58 Recycling $2-.68 $2.75 Yard Trash $2-.6-9$2.75 Total Fees—Contractor x$10.08 Administrative Fee .35 Franchise Fee (5%) 0.50 Less C & D Credit -0.20 Total Fees $10.4 $10.73 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per-unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If using roll out carts located within enclosures for multi-family collection service, in addition to the monthly total fee (based on the number of units) paid to the City, the Contractor is permitted to charge a roll-out rate that shall be the same as rollout cart service for commercial customers listed in Exhibit 1, Special Services, of the franchise agreement. If the Contractor furnishes the roll-out carts, as approved by the City, then a monthly fee of$1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Monthly Service Cost Per Unit Refuse Collection $ 3.33-$$3.41 Recycling $2-69$2.75 3 ORD. NO. 26-14 Total Per-Unit Fee--Contractor 464. 1--$6.16 Administrative Fee 0.35 Franchise Fee (5%) 0.31 Less C & D Credit -0.10 Total Monthly Fees Per Unit *6-.54- $6.72 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: 4 ORD. NO. 26-14 Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard 46.50 93.09 139.50 486.09 232.50 279.09 325.58 Collection 47.72 95.44 143.16 190.88 238.60 286.32 334.04 Disposal 24.35 48.70 73.05 97.40 121.75 146.10 170.45 Container Maintenance 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Fee Total 90.25 464.40 234.95 and 5 444.50 545.35 Contractor 91.47 163.54 235.61 307.68 379.75 451.82 523.89 Fees Franchise Fee 9.15 4�4 23.20 30.28 37.37 44.45 54.54(10%) 16.35 23.56 30.77 37.98 45.18 52.39 Administrative 35 .35 .35 .35 .35 .35 .35 Fee 99.63 477.56 255-50 333.43 444.37 489.30 567.24 Total Fees 100.97 180.24 259.52 338.80 418.08 497.35 576.63 3 Yard 69.76 439.52 209.28 279.04 348.80 448.56 488.32 Collection 71.57 143.14 214.71 286.28 357.85 429.42 500.99 Disposal 36.53 73.06 109.59 146.12 182.65 219.18 255.71 Container Maintenance 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Fee Total 427.73 234.02 340.34 446.60 552.89 659.48 7 Contractor 129.54 237.64 345.74 453.84 561.94 670.04 778.14 Fees 5 ORD. NO. 26-14 Franchise Fee 42.�� 2;.4 0 ;4.03 44.66 55.29 65.92 (10%) 12.95 23.76 34.57 45.38 56.19 67.00 77.81 Administrative 35 .35 .35 .35 .35 .35 .35 Fee 7 9 494.64 .5 3 725.45 $42.37 Total Fees 142.84 261.75 380.66 499.57 618.48 737.39 856.30 4 Yard 9-3.-04 486.02 279.0; ;72.04 465.05 558.06 654.07 Collection 95.43 190.86 286.29 381.72 477.15 572.58 668.01 Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Container Maintenance 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Fee Total 46;.93 ink ^4 746 589.08 7;0.79 872.54 4 T04 4.2; Contractor 166.35 Fees 310.48 454.62 598.76 742.89 887.03 1031.17 Franchise Fees 46.;9 ;0.56 44.74 58.94 7;.08 87.25 404.42 (10%) 16.64 31.05 45.46 59.88 74.29 88.70 103.12 Administrative 35 .35 .35 .35 .35 .35 .35 Fee 480.67 64844 804.22 9660.44 4446-09 Total Fees 183.34 341.88 500.43 658.99 817.53 976.08 1134.64 6 Yard 4;9.5 Collection 143.15 286.30 429.45 572.60 715.75 858.90 1002.05 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Container Maintenance 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Fee 6 ORD. NO. 26-14 Total 238.10 450.67 663.24 i 8 95 Contractor 241.74 457.95 674.16 890.37 1106.58 1322.79 1539.00 Fees Franchise Fee 23.81 45.07 66.32 87.58 108.84 130.10 (10%) 24.17 45.80 67.42 89.04 110.66 132.28 153.90 Administrative 35 .35 .35 .35 .35 .35 .35 Fee 262.26 496.09 729.94 963.74 4497.57 4434.40 4665.22 Total Fees 266.26 504.10 741.93 979.76 1217.59 1455.42 1693.25 486.02 372.04 558.06 744.08 930.40 4446.42 4302.44 8 Yard 74 190.87 381. Collection 572.61 763.48 954.35 1145.22 1336.09 Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 Container Maintenance 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Fee Total 340.52 593.96 877.39 4460.82 4444.26 9 20 Contractor 315.37 603.66 891.94 1180.22 1468.51 1756.79 2045.07 Fees Franchise Fee 34.05 39.40 87.74 446.08 444.43 472.77 204.44 (10%) 31.54 60.37 89.19 118.02 146.85 175.68 204.51 Administrative 35 .35 .35. 35 .35 .35 .35 Fee 344.92 653.74 965.48 4277.25 4589.04 4900.84 42.58 Total Fees 347.26 664.38 981.48 1298.59 1615.71 1932.82 2249.93 Commercial Front-Load Compacting Containers 7 ORD. NO. 26-14 Container Pickup Frequency (Per Week) Size 1 2 3 4 5 6 7 2 Yard 584 i 416.22 474.33 232.44 290.55 348.66 406.77 Collection 59.67 119.34 179.01 238.68 298.35 358.02 417.69 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Total 434.47 262.34 393.54 524.68 655.85 787.02 9489 Contractor Fee 132.73 265.46 398.19 530.92 663.65 796.38 929.11 Franchise Fee 43.42 26.23 39.35 52.47 65.59 78.79 94.82 10% 13.27 26.55 39.82 53.09 66.37 79.64 92.91 Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 44464 288.92 433.24 577.59 724.79 866.07 4040.36 146.35 292.36 438.36 584.36 730.37 876.37 1022.37 3 Yard 87.46 474.32 264.48 348.64 435.80 522.96 640.42 Collection 89.50 179.00 268.50 358.00 447.50 537.00 626.50 Disposal 109.59 219.18 328.77 438.36 547.95 657.54 767.13 Total 496.75 393.50 590.25 787.00 983.75 4480.50 4377.25 Contractor Fee 199.09 398.18 597.27 796.36 995.45 1194.54 1393.63 Franchise Fee 49.68 39.35 59.03 78.70 98.38 448.05 437.73 10% 19.91 39.82 59.73 79.64 99.55 119.45 139.36 Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 246.78 433.2963 866.05 4082.49 4298.39 4545.33 219.35 438.35 657.35 876.35 1095.35 1314.34 1533.34 4 Yard 446..22 232.44 348.66 464.88 584.49 697.32 843.54 Collection 119.33 238.66 357.99 477.32 596.65 715.98 835.31 Disposal 146.12 292.24 438.36 584.48 730.60 876.72 1022.84 Total 262.34 524.68 787.02 4049.36 4344.70 4574.04 4836.38 Contractor Fee 265.45 530.90 796.35 1061.80 1327.25 1592.70 1858.15 Franchise Fee 26.23 52.47 78.79 404.94 434.E 457.40 483.-64 10% 26.55 53.09 79.64 106.18 132.73 159.27 185.82 Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 288.92 577.59 866.07 4454.65 4443.22 4734.79 2020.37 292.35 584.34 876.34 1168.33 1460.33 1752.32 2044.32 6 Yard 474.33 348.66 522.99 697.32 874.65 4045.99 4220.34 Collection 179.00 358.00 537.00 716.00 895.00 1074.00 1253.00 8 ORD. NO. 26-14 Disposal 219.18 438.36 657.54 876.72 1095.90 1315.08 1534.26 Total 393.51 787.02 i i80.53 1574.04 1967.55 2361.06 Contractor Fee 398.18 796.36 1194.54 1592.72 1990.90 2389.08 2787.26 Franchise Fee 39.35 78.70 i i 8.05 157.40 496.76 236.11 (10%) 39.82 79.64 119.45 159.27 199.09 238.91 278.73 Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 433.21 866.07 4298.93 4731.79 2164.66 2597.52 3030.38 438.35 876.35 1314.34 1752.34 2190.34 2628.34 3066.34 8 Yard 232.43 464.85 697.29 929.72 1162.15 1394.58 1627.01 Collection 238.67 477.34 716.01 954.66 1193.35 1432.02 1670.69 Disposal 292.24 584.48 876.72 1168.96 1461.20 1753.44 2045.68 Total 524.67 1049.34 1574.01 2098.68 2623.35 3142.02 3672.69 Contractor Fee 530.91 1061.82 1592.73 2123.64 2654.55 3185.46 3716.37 Franchise Fee 32.47 404.93 457.40 209$7 262.34 34489 367.27 10% 53.09 106.18 159.27 212.36 265.46 318.55 371.64 Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 577.49 4454.62 4734.76 2398.39 2886.04 3463.47 4040.34 584.35 1168.35 1752.35 2336.35 2920.36 3504.36 4088.36 Commercial/Multi-Family Rolloff Containers: Commercial/Multi-Family Permanent Roll-Off Containers: Permanent open-top roll-off container: $244.44 Two hundred forty-seven dollars and forty-four cents $247.44 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee Compactors: Two hundred foM- seven dollars and forty-four cents $247.44 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee PLUS monthly container maintenance fee 9 ORD. NO. 26-14 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard j $395.00 Excludes commercial recycling containers and construction/demolition debris. Commercial 95-Gallon Cart Service (Does not apply to residential service) Pickups Per Week 1 2 3 4 5 6 26.83 5;.66 80.49 40�42 5 460.98 Collection 27.50 55.00 82.50 110.00 137.50 165.00 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2.00 ;4.94 67.82 499 3 4;;.64 466.55 499.46 Total Contractor Fees 35.58 69.16 102.74 136.32 169.90 203.48 3 6-.7-8 40.97 4;.;6 46.66 49.95 Franchise Fee (10%) 3.56 6.92 10.27 13.63 16.99 20.35 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 5 45 .56 249.�6 Total Fees 39.49 76.43 113.36 150.30 187.24 224.18 10 ORD. NO. 26-14 NOTE: The foregoing rates are based on forty-two dollars ($42.00) per ton ($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2013-2014. NOTE: Government buildings shall be charged the regular commercial customer rate, but shall not be charged for disposal fees,where the Contractor receives the appropriate disposal credits from SWA. The Contractor shall be allowed to charge the Special Services rates, as set forth in Exhibit 1 of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City's franchise fee shall be applied to these rates. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. If passed on second and final reading, this ordinance shall become effective on October 1, 2014. PASSED AND ADOPTED in regular session on second and final reading on this day of September, 2014. Cary D. Glickstein, Mayor ATTEST: City Clerk First Reading Second Reading 11 ORD. NO. 26-14 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: August 15, 2014 SUBJECT: AGENDA ITEM 11.B.-REGULAR COMMISSION MEETING OF SEPTEMBER 4,2014 ORDINANCE NO.27-14 BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted in 2011 by Ordinance No. 27-11. When formally adopted by the City Commission, this latest amended plan will supersede the current Community Redevelopment Plan. This currently proposed amendment to the Community Redevelopment Plan includes updated information on current plans, projects and program descriptions, and updated maps to reflect current conditions and potential future acquisitions. For specific information and details of the proposed changes, please refer to the attached Planning and Zoning Board staff report and attached amended Plan. REVIEW BY OTHERS The Pineapple Grove Main Street Executive Board reviewed the amendments at its July 30, 2014 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its August 7, 2014 meeting and recommended approval. The Downtown Development Authority (DDA) reviewed the amendments at its August 11, 2014 meeting, and recommended approval 5-0 with the conditions that the CRA staff address requested non- substantive changes and corrections. The attached version of the CRA Plan Amendment reflects those changes. The Planning and Zoning Board reviewed the amendments at its August 18, 2014 meeting and unanimously recommended approval with suggested revisions regarding additional opportunities to enhance and improve transient housing (see page 29), and a note to specify that apartments could be converted to condominium ownership (page 38). The Downtown Development Authority (DDA) reviewed the amendments at its August 11, 2014 meeting, and recommended approval 5-0 with the conditions that the CRA staff address requested non- substantive changes and corrections. The attached version of the CRA Plan Amendment reflects those changes. DISCUSSION The item before the City Commission is consideration of a privately (CRA)-initiated amendment to the CRA's Community Redevelopment Plan, and finding that the modifications conform to the Community Redevelopment Act of 1969, as amended, finding that the modifications are consistent with the City of Delray Beach Comprehensive Plan, and making further findings pursuant to the applicable requirements of F.S. 163.360. RECOMMENDATION Staff recommends approval of Ordinance No. 27-14 on first reading for a privately (CRA)-initiated amendment to the CRA's Community Redevelopment Plan, by adopting the findings of fact and law contained in the staff report, finding that it conforms to the Community Redevelopment Act of 1969, as amended, and finding that it is consistent with the Comprehensive Plan and with F.S. 163.360. ORDINANCE NO. 27-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL, REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46- 85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356;and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation;and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and as further ratified and amended on February 3, 1998 by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7, 2000 by Resolution No. 94-00; and as further ratified and amended on May 15, 2001 by Ordinance 33-01; and as further ratified and amended on January 18, 2005 by Ordinance 1-05; and as further ratified and amended on March 18, 2008 by Ordinance 11-08; and as further ratified and amended on November 18, 2008 by Ordinance 53-08; and as further ratified and amended on December 1, 2009; and as further ratified and amended on September 20, 2011 by Ordinance 27-11; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan;and 1 ORD. NO. 27-14 WHEREAS, the CRA is desirous of modifying said Plan to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of new programs to the Plan;and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as Exhibit "A";and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended;and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360, Florida Statutes;and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163,Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. 2 ORD. NO. 27-14 PASSED AND ADOPTED in regular session on second and final reading on this the day of 12014. ATTEST: MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 27-14 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: AUGUST 18, 2014 AGENDA NO: IV. B AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO THE CRA'S COMMUNITY REDEVELOPMENT PLAN. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding proposed amendments to the Community Redevelopment Agency's (CRA) Community Redevelopment Plan as reflected in the attached amendment document. BACKGROUND The Community Redevelopment Plan establishes the projects and programs to be undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The last amendment was adopted in September 2011. When formally adopted by the City Commission, this latest amended plan will supersede the current Community Redevelopment Plan. The CRA Board reviewed the final draft of the amended Community Redevelopment Plan at its July 10, 2014 meeting. After a brief discussion, the Board approved the amended Plan and forwarded it to the City for adoption by the City Commission. ANALYSIS This currently proposed amendment to the Community Redevelopment Plan includes the following changes: • Part II, Existing Conditions, Existing Conditions, and Part III Analysis: • Update existing conditions, all sections related to descriptions of CRA sub-Areas and demographic information to include the most recent data. • Part IV, The Redevelopment Program: • Update information on current plans, projects, and program descriptions. • Part V, The Cost of Redevelopment: 4date Update financial tables. • the CRA Geographic Subarea Map and include most recent City Residential Neighborhood Categorization Map. • Update six land acquisition maps to reflect current conditions and needs. • Delete Map D (Carver Square Neighborhood), as CRA acquired the lots associated with this project. For additional information and details of the proposed changes, please refer to the attached CRA Plan Amendment Summary and Plan. Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial Planning and Zoning Board Staff Report, August 18, 2014 Amendments to CRA Plan Page 2 participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Given the above, a positive finding can be made with respect to consistency with the Goals, Objectives and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Pineapple Grove Main Street reviewed the amendments at its July 30, 2014 meeting, and unanimously recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its August 7, 2014 and recommended approval. The Downtown Development Authority (DDA) reviewed the amendments at its August 11, 2014 meeting, and recommended approval 5-0 with the conditions that the CRA staff address requested non-substantive changes and corrections. The attached version of the CRA Plan Amendment reflects those changes. RECOMMENDED ACTION Approve the proposed amendments to the Community Redevelopment Plan by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan, as well as with the applicable requirements of F.S. 163.360. Attachments: • CRA Plan amendments • Ord No. 27-14 �DEVELOP��9 qY BFAG'� To: Dana Little, AICP, Director of Planning & Zoning City of Delray Beach From: Diane Colonna, AICP, CRA Executive Director Re: 2014 CRA Plan Amendment Date: July 22, 2014 At its meeting of July 10, 2014, the CRA Board of Commissioners approved the proposed 2014 CRA Plan Amendment. Attached is a summary of the proposed 2014 CRA Plan Amendment for your review. Please note the CRA Plan Amendment has already been transmitted to the President and Vice President (General Counsel) of Pineapple Grove Main Street to distribute to the Pineapple Grove Arts District Board of Directors for consideration at their June 30th meeting. The Plan Amendment was also transmitted to the West Atlantic Redevelopment Coalition board members for consideration at their August 7th meeting, and the Downtown Development Authority for consideration at their August 11th meeting. CRA staff will be present at all of these meetings to present the item and address any questions. Please have this item scheduled for the following Planning and Zoning Board and City Commission meetings: • Planning & Zoning Board —August 18, 2014 • City Commission — September 4, 2014 (First Reading) & September 16, 2014 (Second Reading) Should you have any questions or need additional information, please do not hesitate to contact me. Thank you for your assistance. Diane 20 North Swinton Avenue • Delray Beach,Florida.33444 • 561-276-8640 • Fax 561-276-8558 EVELOp� mR � GHQ )'SE 2014 CRA PLAN AMENDMENT SUMMARY Pursuant to Florida Statutes Chapter 163.360, CRAs are required to operate in accordance with an overall redevelopment plan. The Delray Beach CRA's first plan was adopted in 1986 and has been amended several times since. The latest amendment was adopted by the City Commission in September 2011. When formally adopted by the City Commission, this latest amended plan will replace the current Community Redevelopment Plan in its entirety. In 2013, the CRA staff and their consulting team (Redevelopment Management Associates) held two public meetings to gather community input on the plan amendment. A summary of the input received has been attached for your reference. RMA also conducted interviews with CRA Board members and City Commissioners in 2013. After reviewing the public input, staff found that many of the requests directly related to CRA projects and initiatives are already being addressed to some degree. We also found that many of the concerns and suggestions from the public are related to policies and initiatives that fall under the City's purview. All of these issues must be initiated and directed by the City, but in most cases it would be appropriate for the CRA to participate through funding contributions or by working with City staff on implementation. It should also be noted that some of the more long-term initiatives could require a future CRA Plan amendment if the specific activities are not already referenced in the plan at the time. The attached public comments have been organized according to whether or not the City or the CRA would be the lead agency in addressing them (if so directed), or if they are outside the scope of both entities. There were several suggestions from the public related to the ongoing development of both market rate and affordable housing. In order to properly address these matters, staff recommends collaborating with the City to fund and complete a Housing Study. The study should assess the current housing stock throughout the CRA District and CDBG target area, including both rental and for-sale properties, and single-family as well as multifamily units. The findings would be used to help determine demand, areas of focus, and development options, as well as the roles of the various public, private, and nonprofit organizations that create housing throughout the city. Attached is a draft of the proposed changes for the board's consideration. The following changes are proposed through the current amendment: • Changes to Part II, Existing Conditions, and Part III, Analysis, to update existing conditions, all sections related to descriptions of CRA Sub-Areas and demographic information to include the most recent data. • Changes to Part 1V, The Redevelopment Program, to: o Update information on current plans, projects and program descriptions the most significant of which are: ■ #1.1 - W Atlantic Avenue Redevelopment Plan — updated project description, participants & administration, and project schedule. ■ #1.3 - SW Area Neighborhood Redevelopment Plan — revision of project schedule. 1 • #1.4 — N. Federal Highway Redevelopment Plan — updated project objectives, project description and project schedule ■ #1.5 - Osceola Park — revision of background; including updated status for infrastructure improvements, updated project participants & administration, funding sources and project schedule. ■ #1.6 - Pineapple Grove — revision of background; including updated status for infrastructure improvements, updated project description, project participants & administration, funding sources and project schedule. ■ #22 - FEC Railway Station — revision of background and project schedule. #2,3 - Block 76 — Old School Square (Delray Beach Center for the Arts) Expansion and Parking Garage - revised section title, background, program objectives, program description, project participants and administration, funding sources and program schedule. ■ #2.7 - Carver Estates Redevelopment — revised background, project description, funding sources and project schedule. ■ #2.9 - AffordableNVorkforce Housing Program - revised background, project description and project schedule. ■ #2.10 - Carver Square Neighborhood — revised background and updated project schedule. A #2.11 — Cultural Loop/Martin Luther King Jr. Drive — revised project schedule #2.12 - Old Library Site - revised background, project objectives, project description, funding sources and project schedule. ■ #14 - "Downtown Roundabout"/Trolley - revised background, program objectives, project description, program participants and administration and funding sources ■ #3.10 - Delray Beach Marketing Cooperative - revised section title, background, program objectives, program description, funding sources and program schedule. ■ #3.12 - Economic Development Incentives - Job Creation — revised background, program objectives, program description and program schedule. • #3.13 - Arts Based Economic Development Program - revised background, program description, funding sources and program schedule. o The addition of one (1) program description: #3.14 - Delray GreenMarket — To include a separate, detailed description of the GreenMarket Program. ■ Changes to Part V, The Cost of Redevelopment to update financial tables ■ Updated the CRA Geographic Subarea Map to better delineate primary streets in the CRA District and included most recent City Residential Neighborhood Categorization Map. Update of six (6) land acquisition maps to reflect current conditions and needs (A.2, A.3, AA, 13.1, B.3, C) and deleted Map D (Project #2.10 - Carver Square Neighborhood) as the CRA acquired the lots associated with this project. 2 Review by Others: At its meeting of July 10, 2014, the CRA Board of Commissioners approved the proposed CRA Plan Amendment. The proposed amendment is being considered by the following advisory boards and City Commission. The pending meeting dates are as follows: • Pineapple Grove Main Street (Arts District) —July 30, 2014 —The CRA Plan Amendment has been transmitted to the President and Vice President (General Counsel) of Pineapple Grove Main Street to distribute to the Pineapple Grove Arts District Board of Directors for consideration at their June 30th meeting. • West Atlantic Redevelopment Coalition (WARC) — August 7, 2014 - The CRA Plan Amendment has been transmitted to the WARC for consideration at their August 7th meeting. • Downtown Development Authority (DDA) — August 11, 2014 - The CRA Plan Amendment has been transmitted to the DDA for consideration at their August 11 th meeting. • Planning & Zoning Board —August 18, 2014. The board must make a finding that the changes are consistent with the Comprehensive Plan. The plan will then be forwarded to the City Commission for adoption in September. • City Commission — The CRA Plan Amendment is scheduled for the September 4, 2014 City Commission meeting for the first reading of the associated ordinance, with second reading and adoption of the Plan Amendment anticipated at the September 16, 2014 City Commission meeting. Plan Amendment's Effect on CRA Length of Term: The Delray Beach City Commission established the CRA on June 18, 1985 through the adoption of City Ordinance No. 46-85, with an initial term of thirty (30) years. Pursuant to Florida Statutes Section 163.387(2)(a), if the community redevelopment plan is amended or modified pursuant to s. 163.361(1), each such taxing authority shall make the annual appropriation for a period not to exceed 30 years after the date the governing body amends the plan, but no later than 60 years after the fiscal year in which the plan was initially approved or adopted. On December 23, 1986 the Palm Beach County Commission adopted Resolution R-86-2003. The Resolution explicitly delegated all of the County's power and authority under Chapter 163, Part III, Florida Statutes to the Delray Beach City Commission. Specifically, Section 1 of the Resolution reads as follows: The County, by the express provisions of Section 163.410 of the Act, hereby delegates the exercise of the powers conferred upon the County by Chapter 163, Part IN, Florida Statutes, within the boundaries of the City to the governing body of the City. The delegation of such powers of the Act by the County to the City is complete and without limitation and no powers conferred by the Act within the boundaries of the City are reserved to the County. As a result of the adoption of the Resolution, the County has not retained any jurisdiction over the ability of the City to extend the CRA Term. The most recent amendment to the Plan was adopted pursuant to City Ordinance 27-11 on September 20, 2011. Consistent with the above statutory authority, and the City's approval of that amendment to the Plan, the CRA may continue to receive tax increment funds up to and including September 20, 2041. If the proposed 2014 CRA Plan amendment is approved by the City Commission at the projected date of September 16i", the CRA's term will be extended an additional three (3) years, to September 16, 2044. 3 The City may adopt additional amendments to the Plan; however, the amendments cannot extend the CRA's term beyond the sixty (60) year limitation of June 18, 2045. Required Findings: Since the amended Plan does not include any projects or programs which require revisions to the Comprehensive Plan or the Future Land Use Map, it remains consistent with both. While many of the projects included in the Community Redevelopment Plan involve staff or financial participation by the City, applicable policies are already included within the Comprehensive Plan for City participation in these programs. Given the above, positive findings can be made that the Amendment to the Community Redevelopment Plan is consistent with the Goals, Objectives and Policies of the City's Comprehensive Plan. Recommended Action: Approve the proposed amendment to the Community Redevelopment Plan, based upon a finding that the proposed changes are consistent with the goals, objectives and policies of the adopted Comprehensive Plan. Submitted By: Jeff Costello, CRA Assistant Director 4 2014 CRA Plan Amendment - Summary of Public Input The input received from the two public meetings held in 2013 by the CRA in relation to the proposed Plan Amendment is summarized below. The comments have been organized according to whether or not the City or the CRA would be the lead agency in addressing them (if so directed), or if they are outside the scope of both entities. The bolded statements represent the input received from the public. The italicized statements represent staff comments, explanations and recommendations. CRA • Incentives to bring office to the downtown–CRA has several incentive programs that incentivize office development and job creation/relocation • Work with West Atlantic Redevelopment Coalition–CRA has Memorandum of Understanding with WARC that characterizes this partnership, including input on RFPs in the West Atlantic Area, and providing part-time CRA staff support;additional funding requests considered on case-by-case basis • Gateway Feature Improvements • More colorful landscaping–More color will be seen as the bougainvillea plants continue to grow in • Add a "Welcome to Delray Beach" or"Thank You for Visiting"sign–CRA can coordinate with City on adding signage in the median area • Osceola Park Improvements • Implementation of Osceola Park Neighborhood Plan– The CRA is already working with the City to implement this plan. The first project, set for construction in FY 14115 will include improvements to alleys, the construction of a new public parking lot, and other streetscape improvements • Continuation of alleyway improvements–Plans are already in place for the CRA to continue budgeting for the design/construction of more alleys going forward • Improve more alleyways in the NW Neighborhood–Some projects are already underway or in planning stages; the CRA will continue to coordinate with City and residents to identify alleywoys far future improvements. In general, the CRA works to improve alleys throughout the District when it can help improve circulation and facilitate rear access for parking • Housing Needs—Staff recommends that some of the following issues would best be addressed through an updated Housing Needs Assessment, to be conducted jointly by the City and CRA • Create more infill single-family homes in NW/5W Neighborhoods–being addressed by the Delray Beach Community Land Trust • Encourage a more balanced mix of market rate and affordable housing throughout the CRA District, avoiding the oversaturation of any one area with too many affordable units • Diversify incomes of residents throughout the CRA District 5 o More affordable housing for seniors—The CRA is contributing a$2.7M loan to the Delray Beach Housing Authority for the Village Square development, which will include 84 units for low-income seniors. The actual demand for additional units has not been quantified. • Attract a movie theatre to the downtown;find a site for an 18 theatre multiplex—It is probably not feasible to find a site large enough to fit an 18-theatre multiplex in the downtown area, however the selected developer of the CRA's RFP for the Fourth & Fifth Avenue s(Old Library/Chamber of Commerce) redevelopment site includes smaller scale movie theatre (iPic). • More parking along NE 3`d Avenue—iVew parking will be created with the upcoming NE 3'Ave/Street Improvement Project, scheduled for construction during FY 14115 • Create collaborative workspace—Plans for the development of the Arts Warehouse include options for the inclusion of co-working space • Supermarket on West Atlantic Avenue—Selected developer of CRA's RFP for redevelopment of West Atlantic properties is negotiating with grocery store chain. • Encourage diversity in future developments along West Atlantic Avenue—Not clear if this comment referred to diversity of uses, ownership, etc. CITY • Expansion of Clean &Safe Program boundaries—The boundaries of this program are established by the City and are based in large part on the availability of personnel to provide the concentrated services. It is noted that the City is requesting additional staff for this program in the upcoming FY. • Enhanced signage at City north/south entrances • Creation of a Transportation Master Plan,with a specific focus on improving north/south circulation • Establishing FEC Quiet Zones—These zones, which require DOT approval, are not easily granted. If the City were to successfully apply, the CRA may be asked to contribute funding toward the costly required enhancements to railroad crossings located within the CRA district. • Dynamic Price Parking—The City has been working to establish a fee-based parking system in the downtown pursuant to the recommendations of the Kimley Horn Parking Study. • More bike lanes, bike parking and racks throughout the City; new bike linkages from the FEC station to other areas of the City—Bike lanes are being provided with the US 1 Corridor Project. The CRA Plan amendment contains several references to bicycle/pedestrian facilities enhancement, including an analysis of the Dixie Highway corridor north of George Bush Blvd. • Shared lane usage (cars/bikes)along Atlantic Avenue • Bike share program • Convert some on-street parking spaces along Atlantic Avenue into parking spaces for motorcycle and bicycles • New Sidewalk in Osceola Park area along FEC railroad • Employee Parking Plan—Such a plan would likely be led by the City or DDA, but the CRA could also participate 6 • New parking garage for Gladiola Lot with retail on the first floor—CRA already funded feasibility study, the City Commission is to determine if parking garage is financially feasible and warranted. If so, proceed with having the plans prepared(CRA will fund design and participate in construction costs) • Work with Palm Beach County to obtain additional access to South County Courthouse Parking Garage on nights and weekends • Improved way finding signage at entrances to downtown, city limits, parking areas,and to special areas of the downtown such as Artists Alley— This would be a joint project of the City/CRA (possibly the DDA as well). The proposed 2014115 CRA Work Plan includes funding for this project as part of the Parking Study implementation project. • Help mitigate traffic from new proposed development on NE 7th Avenue—Traffic mitigation measures have been proposed by the Atlantic Crossings developer • Make Atlantic Avenue between Swinton Avenue and Federal Highway accessible to pedestrians only —CRA staff opposes this idea. • Expand the Downtown Roundabout shuttle service into the NW/SW Neighborhoods -CRA staff recommends waiting until the new trolleys are more established and funding secured before making any changes. • Tennis Center --Suggestions included: • Demolish Tennis Center and adjacent Community Center and redevelop site • Incorporate more arts-related uses into site • Make the Tennis Center more multi-purpose • Investigate deed restrictions to determine feasibility of redeveloping parking along the frontage • Need a downtown visitor's center with directional signage • Develop Congress Avenue as a business corridor—This area is outside of the CRA District • Expand CRA boundaries to include Congress Avenue—Any decision to modify the boundaries of the CRA District must be made by the City Commission • Pedestrian overpass at Tri-Rail Station—outside of CRA District • Monorail from Tri-Rail to South County Courthouse—partially outside of CRA District; extremely cost prohibitive • Issue a$100M Quality of Life Bond Issue to pay for various initiatives OTHER • Outdoor movie screenings—Outside the scope of CRA activities;could be done by private entity • Have one central website repository for Delray Beach--Outside the scope of CRA Plan, but this could be managed by the Delray Beach Marketing Cooperative (DBMC) • More promotional activities along West Atlantic Avenue--May be addressed by the DDA and DBMC 7 DRAFT REVISIONS TO CRA PLAN PART ONE: BACKGROUND I. Authority to Undertake Community Redevelopment This document has been prepared under the direction of the City of Delray Beach Community Redevelopment Agency in accordance with the Community Redevelopment Act of 1969, F.S. 163, Part III. In recognition of the need to prevent and eliminate slum and blighted conditions within the community, the Community Redevelopment Act confers upon counties and municipalities the authority and powers to carry out "Community Redevelopment." For the purposes of this Community Redevelopment Plan, the following definition, taken from the Florida Statutes, shall apply: "Community Redevelopment" or "Redevelopment" means undertakings, activities, or projects of a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan. The ability of a county or municipality to utilize the authority granted under the Act is predicated upon the adoption of a "Finding of Necessity' by the governing body. This finding must demonstrate that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in the county or municipality; and, (2) The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. u E. Atlantic Avenue— before E. Atlantic Avenue—after 1 II. Creation of the Community Redevelopment Agency Upon a "Finding of Necessity" by the governing body and upon further finding that there is a need for a Community Redevelopment Agency to function in the county or municipality to carry out community redevelopment purposes, any county or municipality may create a public body corporate and politic to be known as a "Community Redevelopment Agency." The Agency shall be constituted as a public instrumentality, and the exercise by the Agency of the powers conferred by F.S. Chapter 163, Part III shall be deemed and held to be the performance of an essential public function. The City of Delray Beach City Commission established the Delray Beach Community Redevelopment Agency on June 18, 1985, with the adoption of Ordinance 46-85. The organizational structure of the agency was also established at that time. It consists of a board of seven members appointed by the City Commission. The term of office of the board members is four years. A vacancy occurring during a term is filled for the unexpired term. The provisions of Ordinance No. 46-85 have been codified in Article 8.1 of the City's Land Development Regulations. III. Powers of the Community Redevelopment Agency As authorized by the Community Redevelopment Act, a wide variety of powers are available to the City of Delray Beach to carry out redevelopment activities. While most of these powers may be delegated to a Community Redevelopment Agency, others may not. These powers, which continue to vest in the City Commission, are as follows: • The power to determine an area to be a slum or blighted area and to designate such an area as appropriate for community redevelopment; • The power to grant final approval to community redevelopment plans and modifications thereof; • Prior to the approval of the community redevelopment plan or approval of any modifications of the plan, the power to approve the acquisition, demolition, removal, or disposal of property and the power to assume the responsibility to bear loss; • The power to authorize the issuance of revenue bonds. The powers which the City Commission has chosen to delegate to the Delray Beach Community Redevelopment Agency under City Ordinance No. 46-85 include the following: • The power to acquire property deemed necessary for community redevelopment, except that the use of eminent domain (for public purpose) shall require specific approval from the City Commission; • The power to hold, improve, clear, or prepare any acquired property for redevelopment; • The power to dispose of property acquired within the community redevelopment area for uses in accordance with the plan; • The power to construct improvements necessary to carry out community redevelopment objectives; 2 • The power to carry out programs of repair and rehabilitation; • The power to plan for and assist in the relocation of persons and businesses displaced by redevelopment activities; • The power to receive and utilize tax increment revenues to fund redevelopment activities. In 1992, the City Commission adopted City Ordinance No. 17-92 which delegated the following power to the CRA: • The powers to appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969. Other powers authorized by the Act but which the City Commission has elected not to delegate to the Agency are: • The power to zone or rezone any part of the city or make exceptions from building regulations; • The power to close, vacate, plan, or re-plan streets, roads, sidewalks, ways or other places and to plan or re-plan any part of the city. • The Community Redevelopment Area Pursuant to State Statutes, a community redevelopment area must be a slum area, a blighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, including the elderly. The City of Delray Beach Community Redevelopment Agency generally consists of the older central core of the city which had become deteriorated due to age, obsolescence, and the lack of investment. While parts of the area have been revitalized as a result of community redevelopment efforts over the years, many areas still suffer from blighted conditions. Unfortunately, a deteriorating area is self propagating, and as conditions worsen, residents and private businesses become less willing to put financial resources into the area. It is this cycle which severely limits the ability of private enterprise to stop the spread of slum and blight without public assistance. A "Finding of Necessity" for the initial 1,812 acre Delray Beach Community Redevelopment Area was adopted by City Commission Resolution No. 32-85 on May 14, 1985. A "Finding of Necessity"for an additional 103 acres, located along North Federal Highway, was adopted by City Commission Resolution No. 47-87 on November 24, 1987, and the Community Redevelopment Area was thus increased to its current size. The overall boundaries of the Community Redevelopment Area are shown graphically in Figure 1 and by legal description in Appendix "A." A copy of each "Finding of Necessity" is found in Appendix "B." In 1995, as a result of an eminent domain taking, the CRA received a favorable Appellate Court ruling in the Fourth District Court of Appeals stating the validity of the Necessity of Finding of 1985. V. The Community Redevelopment Plan All public redevelopment activities expressly authorized by the Community Redevelopment Act and funded by tax increment financing must be in accordance with a redevelopment plan which has been approved by the City Commission. Like the City's Comprehensive Plan, the Community Redevelopment Plan is an evolving document which must 3 be evaluated and amended on a regular basis in order to accurately reflect changing conditions and community objectives. All redevelopment financed by tax increment revenues shall be completed no later than thirty (30) years following the adoption of this amendment to the plan. This Plan was adopted by City Ordinance on 2014. 4 PART TWO: EXISTING CONDITIONS I. General Description of the Community Redevelopment Area A. Existing Land Use Existing land uses in the Community Redevelopment Area follow patterns of historical development activity, and the requirements of existing and past zoning districts. There are approximately 1,961 acres of land within the Community Redevelopment Area, including public rights-of-way. A generalized pattern of existing land use is depicted in Map H (see Appendix "D<< Overall, the single largest land use within the CRA is residential. The majority of the residential development is comprised of single-family detached dwellings in older neighborhoods. Starting in the late 1990's the City began to experience a surge in new residential projects in the Central Business District and the surrounding areas. Most of these developments consisted of owner-occupied townhouse style product; however, by 2005, that trend began to diversify with rental apartments, lofts, and luxury condominium units. While some of those projects were put on hold 94L&R during the recent downturn in the housing market, ether new projects are currently der planned for construction, including deyelnnrnon+ that nrn„ides ,Age_. GFGe hni icing 61Aits multistory projects north and south of Atlantic Avenue. Commercial uses within the redevelopment area have generally been clustered around the Atlantic Avenue and Federal Highway Corridors. In the Central Business District retail activities are concentrated primarily along Atlantic Avenue and N.E. 2nd Avenue (Pineapple Grove Way), while general business, office, and other commercial uses extend north and south along and adjacent to the Swinton Avenue and Federal Highway corridors. The main retail shopping and dining district extends along Atlantic Avenue between Swinton Avenue and the Atlantic Ocean. Pineapple Grove Way has historically contained more neighborhood oriented businesses such as a grocery store, drugstore and post office, but has recently developed into an —emerging arts district. user, sSeveral lar,ge SGale recent redevelopment projects a-re +rancfnrminn transformed this corridor into a retail shopping and dining destination, a4D.Rg with more than three hundred new residential units constructed. In addition to food and beverage establishments along Pineapple Grove Way, a number of artist galleries and studios have sprung up as well as a significant beauty and spa cluster. Another evolving commercial district is in the area of West Atlantic Avenue and NW/SW 51" Avenue, where new ethnic restaurants and shops are emerging to serve local residents as well as the wider population. The area south of Atlantic Area and north of SE 2nd Street, from SE 1s' and SE 51" Avenues has come to be known as "SOFA" (South of Atlantic). Several multi-family residential projects have recently been approved for this area. The North and South Federal Highway#as corridors have yet to develop a brand fnr ;+ Wr or cohesive image, and remain as a mix of commercial and residential projects that tend to function independently of each other. Light industrial uses can be found scattered throughout the CRA district. One small area in the southwest corner of the CRA district is zoned for light industrial uses; however, development potential is limited since it is located within a well field protection zone. Another area is concentrated along the FEC railroad corridor in the downtown. Several light industrial type uses that had previously been nonconforming became conforming in 1995 with the creation of the CBD-RC (Central Business District-Railroad Corridor) zoning district. This district defined the boundaries of the industrial area, expanded the list of permitted uses and included several special regulations dealing with overhead garage doors and outside storage. In addition, a 5 small industrial area consisting of only a few properties exists at the north end of the CRA area, adjacent to Gulfstream Boulevard. Development potential is limited due to its small size and location adjacent to a residential area. In 1997 the City created an overlay zoning district for a portion of the General Commercial property situated on Federal Highway, between NE 14th Street, Dixie Highway, North Federal Highway, and the City's northern boundary. The district allows (under special conditions) uses such as light manufacturing, but it must be accompanied by a retail showroom component. The change in the land use regulations was a result of an in- depth study of the area and a need to allow special light industrial into the near-downtown area. Institutional and Recreational land uses are located throughout the residential neighborhoods of the CRA. Among these are three public schools, numerous churches, City Hall, the Public Safety (Police) complex, the South County Courthouse, the City's Public Works complex, the library, City Tennis Center, Community Center, and several public parks (see Appendix "D", Map H.) The majority of the vacant land within the Community Redevelopment Area is in individual building lots located within existing residential neighborhoods and vacant land along West Atlantic Avenue. The CRA and the City have over the past twenty years been using the vacant lots for new home construction in order to assist in stabilizing the neighborhoods. The CRA has been assembling properties along the West Atlantic commercial corridor for redevelopment primarily by private entities. B. Existing Housing and Population The 2QQQ 2010 Census of Population and Housing indicates the Redevelopment Area contains approximately ,q-24 6,339 housing units, with a resident population of approximately 13,450. A breakdown of total housing units and population by geographic sub-area is provided in Table 2-1 Part Two, Section Three of this Plan. The overall racial composition of the Community Redevelopment Area is 2-504 35.2% white, 64-0/& 59.5% black and 42 504 5.3% other. It should be noted; however, that there is considerable variation in these percentages within different neighborhoods of the Community Redevelopment Area. C. Existing Traffic Circulation Overall, the street system within the Redevelopment Area can be summarized as a symmetrical grid. The local streets define a system of rectangular shaped blocks with the longer block dimension oriented to the north and south. Major north/south arterial roadways include SR A-1-A, US 1, and I-95. SR A-1-A is presently two (2) lanes along its entire length with turn lanes at selected points. US-1 has separate 3-lane one-way corridors for northbound and southbound travel. On-street parallel parking is provided adjacent to the outside edge of each corridor. I-95 is a major expressway forming the western boundary of Redevelopment Area. The interchange of I-95 with Atlantic Avenue establishes this location as the western entrance to the downtown area. Atlantic Avenue is one of two principal east/west arterials in Delray Beach. The western portion of this roadway is presently built as a 4-lane facility with on-street parallel parking. Traffic signals occur at every other block along this section. Within most of the central core district, the roadway narrows to a 2-lane design and virtually every intersecting roadway is signalized. Parallel parking is provided throughout much of this area. East of East 5t" Avenue 6 (Southbound US1), Atlantic Avenue widens to a 4-lane undivided design with parallel parking. Improvements have been completed to the final leg of four lane divided roadway of West Atlantic Avenue from SW/NW 51h Avenue to Interstate 95, including a major gateway design between SW/NW 12th Avenue and Interstate 95. _ _s:�:`�+'_ .-• "r Fang" _ The Community Redevelopment Area's traffic circulation system also includes several collector facilities including Swinton Avenue, West 5th and 8thAvenues, East 2nd Avenue, and both North and South 1st Streets. Additionally, NE and SE 1st Street, between Swinton Avenue and US 1, operate as a downtown bypass system taking some of the traffic congestion off of Atlantic Avenue. Recently NE 1s' Street was changed to a two-way street in order to assist drivers seeking destinations and parking in Pineapple Grove. NW and SW 2nd Streets were recently improved pursuant to the recommendation in the Downtown Master Plan that they become viable east-west alternatives to West Atlantic Avenue. The improvements include new sidewalks, paving, historical markers, and lighting. The planned improvements to North and South US 1 commenced in 2013. The concept is to beautify US 1 and make it safer and more pedestrian friendly by slowing the automobile traffic down. The first two blocks north and south of Atlantic Avenue will feature wider paver brick sidewalks with street lighting. The concept is to extend the ambiance of Atlantic Avenue to Federal Highway. From south 10th Street to north 8th Street, US 1 will feature bike lanes, on- street parking, where possible and new sidewalks and street lighting. D. Downtown Parking While on-street parking has historically and symbolically served downtown Delray Beach well, off-street parking lots have been constructed to serve the additional parking needs of shoppers and employees in this area. A total of 4,388 parking spaces were noted in a 1989 study of the 25 block downtown Atlantic Avenue core, which included both privately and publicly operated parking facilities. In the time since, 1,989 additional public spaces have been constructed. A study published in 2003 in connection with the Downtown Master Plan indicated a weekday shortage of nearly 680 spaces in the Central Core area and a weekday shortage of 319 spaces in the West Atlantic area. The shortages were even more pronounced on weekend evenings, when the restaurants and entertainment venues experience high volumes. In 2004, a 355-space parking garage was constructed with County, City, and CRA funds to serve the courthouse and library. In December 2006, the City Commission adopted the Parking Master Plan, which provided a comprehensive approach to address the City's parking challenges. In 2007, two City parking garages were completed (Federspiel Parking Garage & Old School Square), which provide over 700 spaces to the downtown area. In 2010, a Parking 7 Management Plan was completed to address parking demand in the downtown area. At that time, the public parking inventory was approximately 3,300 spaces. Since the study was completed, approximately 140 spaces were added to the public parking inventory. In 2013, the CRA and City studied the feasibility of constructing an additional garage on the existing City- owned parking lot on SE 6t" Avenue between Atlantic Avenue and SE 1s' Street (Gladiola Parking Lot). Based on the alternatives provided within the study, the CRA Board and City Commission selected the parking garage design with approximately 280 parking spaces and with ground floor retail. In addition, as a result of neighborhood meetings in preparation of the 2014 CRA Amendment, some beach residents have suggested adding more public parking for tourists and customers of the beach restaurants in order to mitigate the intrusion of parking in the adjacent neighborhoods. Parking management is a priority of the CRA since parking demand has increased dramatically over the last ten years with the increase in restaurants and retailing and tourism. The City installed individual parking meters in parking spaces on A1A many years ago and added meters to East Atlantic Avenue between A1A and the Intracoastal Waterway during the mid-1990s. Several parking studies have recommended a revenue collection system alonq East Atlantic Avenue but the City Commission has not vet approved such a measure. II. General Housing Conditions In conjunction with the preparation of the 1996 Comprehensive Plan Evaluation and Appraisal Report (EAR), the City conducted a visual survey of its current housing stock. Residential neighborhoods were classified as to the overall appearance and condition of the structures and infrastructure (See Figure 1: Residential Neighborhood Categorization Map). The classifications and their applicable descriptions are as follows: • Stable—No apparent signs of physical or other decline; no improvement needed. • Stabilization — Appearance of minor code violations and maintenance problems; some improvement desired. • Revitalization—Evidence of decline in condition of structures and yards; increase in crime; property values stagnant or declining. • Rehabilitation—Numerous code violations; deteriorated and non-maintained structures; high level of absentee ownership; significant crime problems; large number of vacant lots. • Redevelopment—Lack of basic infrastructure; incompatible mix of land uses; numerous substandard structures and vacant lots. The CRA boundaries are shown in the shaded area on the Residential Categorization Map. It is evident from this map that the vast majority of neighborhoods designated as Revitalization, Rehabilitation, and Redevelopment are located with the CRA district. Conditions have improved in some of these neighborhoods in the time since the categories were applied, however, there remains a need for concentrated efforts to upgrade the housing stock in those areas marked as Rehabilitation and Redevelopment. Pursuant to objectives and policies contained with the Housing Element of the City's Comprehensive Plan, these areas are to receive the greatest priority in terms of capital improvements, code enforcement, housing rehabilitation assistance, and social programs. It is a major objective of the City to eliminate all substandard housing conditions within its jurisdiction. To accomplish this objective, the City and 8 the CRA must work together to develop programs aimed at maximizing the impact of public expenditures to leverage private investment in the area. While a great deal of progress has been made by the city in eliminating the signs of deterioration, the cycle of decline is still present, particularly in the southwest neighborhoods nnr+h and of West Atlantic Avenue, and cannot be reversed without a major effort on the part of the public sector, individual homeowners and private enterprise In 1994, the City, CRA, and other organizations created a housing partnership, "The Renaissance Program," for the purpose of developing a housing program to eliminate deteriorating conditions and building new, affordable housing in these neighborhoods. This program provided more than 170 homes for first time low to moderate income homebuyers. The growth that Delray Beach has experienced in recent years has resulted from the redevelopment of the older neighborhoods as well as the influx of residents into new areas of the City. In order to provide and maintain an adequate supply of permanently affordable housing for families that work within our community, the CRA collaborated with the City and the Housing Authority to create the Delray Beach Community Land Trust (DBCLT) in 2006. The CRA has been a major sponsor of the DBCLT, providing property and funding for staffing and operations. The CRA has also purchased a number of deteriorated multi-family buildings with the intent of redeveloping and upgrading them for affordable housing purposes. Qe--eg --Construction and renovation of bgp Af t;;k several buildings have been completed (La France Apartments, ap 122 FV' °pe Carolyn Quince Court, and Palm Manor Apartments on SW 91h Avenue), which provides perrnaReR y affordable housing for elderly residents (60 years and older) as well as families. Redevelopment efforts continue along SW 12th Avenue which is considered to be the main entranceway to the Southwest Neighborhood from West Atlantic Avenue. In 2011, the CRA issued a Request for Proposal for three (3) duplex structures located on the west side of the 200 block of SW 12th Avenue. This RFP resulted in the complete renovation of one duplex structure by the Delray Beach Housing Authority and demolition and replacement with new construction of two (2) single family homes by Habitat for Humanity of South Palm Beach County. Most recently in August 2011, the CRA purchased five (5) duplex structures located along the east side of the 200 block of SW 12th Avenue that were in foreclosure to rehabilitate into more affordable housing opportunities. In 2013, the renovation of the duplexes was completed. More progress has been made to improve the deteriorating housing stock when the Delray Beach Housing Authority partnered with a developer to build a 253 unit development on the land once occupied by the blighted Carver Estates public housing project. The 15 acre housing development was awarded an allocation of 9% Low Income Housing Tax Credits by the Florida Housing Finance Corporation in 2012 and the project is currently under construction. The CRA committed funding to redevelop the property in the form of a $100,000 grant for the family rental phase of the development and a $2.7 million loan for the senior housing phase. The program and housing development is discussed more fully in Part Four of this Plan. 9 COMPREHENSIVE PLAN G4L STREAM B ID. DEL RAY BEACH, FLORIDA a STOLE. z k ? I L-30 L'RNAL v' ti 0 STE } RVZ a r I STI3 F � � STS. V STHLZ I W S78 tx 13UsII I.A10E IDA ROAD BL1'D STE S RH9 STBLZ STS. _ RHO a S71B --- � � N.W. zND sT STS AH AILANIIC S.111, 2 STB STB STS a a R3{I} F lit � � V STOiZ a STiLZ b RVZ LDWSON A[HILFVARI) s.W. 10TH s I V R ► � STB HO S � r Smu T8 a LINTON STg 60VLEVRRO � 7 r ry LINTON f1l VD, STE r° { i 'QNrp�Y STE � a � c d U s STE s n W STB C-15 CANAL f STB t , RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP MAP &22 G-LPAPHIC SCAi1 LEGEND: ST6 `.;IAHLE 11113 NEEDING REKAHILITA71ON CITY 9F DELRAr BEA.Cti,FLdRIDA PLANNNC do ZONING DEPARTMENT STE] NEEDING STABILIZAI IC7?J CITY LIMITS---------- MARCH 2D)& RVZ - NEEDING REVITALIZATION HO-22 FIGURE 1: RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP 10 III. Geographic Sub-Areas Within the Community Redevelopment Area, there are considerable variations in the degree of deterioration, land use patterns and existing socioeconomic conditions. In order to develop an effective plan which is cognizant of these variations, the CRA has been divided into eight distinct geographic sub-areas (see Figure 2) each requiring a different redevelopment strategy. In addition to addressing underlying problems and capitalizing on area opportunities, associated redevelopment strategies focus on maintaining and enhancing major assets which provide positive contributions to the redevelopment effort. Physical features, (e.g. landmarks, barriers, activity centers, etc.), within each sub-area are also considered, since they have a significant influence upon specific urban design decisions which may impact overall redevelopment strategy. The eight geographic sub-areas and their major characteristics are shown graphically in Table 2-1. Note: These sub-areas differ slightly from those included in previous versions of the CRA Plan. The neighborhoods north and south of W. Atlantic Avenue were listed as sub-area #4 - Residential Core and the industrial area at I-95 and SW 10th Street was listed as sub-area #8 - I-95/SW 101h Street. Since the residential area south of W. Atlantic Avenue (Southwest Neighborhood) and the industrial area are included in the Southwest Area Neighborhood Redevelopment Plan, these areas are now depicted as sub-area #8 and the residential area north of W. Atlantic Avenue is depicted as sub-area #4- Northwest Neighborhood. TABLE 2-1: GEOGRAPHIC SUB-AREAS Sub-Areas Areas Housing Residents* General Land Use Zoning acres Units* #1 Beach Area 69 548 576 550 420 Commercial/Residential CBD, CF, RM #2 Central Core 264 504 1,279 495 1,502 Commercial/Residential CBD, CBD-RC, OSSHAD, RM, CF, West Atlantic Commercial/ CBD, CF, #3 Avenue 187 494454 4,116 992 Government/ OSSHAD, RO, R- Neighborhood Residential 1-A, RM R-1-A, RM, CF, #4 Northwest Neighborhood 250 64a 624 4 1,695 Residential OSR North Federal CBD, GC, AC, #5 Highway 205 364604 -57-7909 Commercial/Residential PRD, R-1-A, RL, RM Northeast R-1-A, R-1-AA, #6 (Seacrest/Del-Ida) 260 594743 1,666 Residential RL, RM, CF, MIC, Neighborhoods RO, NC Light Industrial/ CBD, CBD-RC, #7 Osceola Park 170 452-434 4,577- 1,327 Commercial/ AC, GC, CF, R-1- Residential A, RM, OSR #8 Southwest 556 4� 1,625 528 4,939 Residential/ CF, LI, R-1-A, RM, Neighborhood Industrial OSR TOTALS 1,961 5-,7-24 15,258 6 339 13,450 Note: , * Housing units & Residential counts from 2890 Census 2010 SF1 100% Data 11 GEOGRAPHIC SUB AREAS COMMUNITY REDEVELOPMENT PLAN GULF STREAMBLVD. LLF I I � I w I � L 6 w e ti V h V r— R rj e 0 f � � I4 LAKE 4 ME 4 H ST. N.W NO 7 2 ---- ATLANTIC }" s? I. SUaAREA 1 = 69 acm S.W.2NDST. 2. sLmREA2 = 264 a Su&ARFA a 197aaw 4. Sla4REA/ = 2508aas W s suakwA 5 = 205aam SUMPFA 6 = 260aWW 4 w w y� 7. S S4REA 7 = 170 s Q 7 8- SMAPEA a = 556 ams A1A TOTAL = 1'%Id m I 3 3 47 Uj h LH!---- 02— —JL — C17Y Q-WYR,Y WAR ..fL RA4V M A 10ft G UEPARNEHff FIGURE 2: GEOGRAPHIC SUBAREAS, COMMUNITY REDEVELOPMENT PLAN (NOTE: This Map Replaces Previous Map) 12 Another significant factor in the development of effective sub-area redevelopment strategies is the participation of community members. The success or failure of stabilization and redevelopment efforts is dependent upon the level of public support. Additionally, given the limited resources available for redevelopment, coordination between public and private efforts is essential to maximize efficiency and avoid duplication. A detailed description of each of the eight geographic sub-areas of the CRA is provided below. Each description provides an overview of existing conditions, including a list of major physical features, institutions, and developments located within the sub-area. A. Sub-Area #1: "The Beach District" This sub-area, containing approximately 69 acres of land, consists of several condominiums as well as resort hotels and businesses which focus on tourist activity and the beach. The commercial area along Atlantic Avenue is, with few exceptions, limited in depth to the frontage buildings. Along SR A-1-A, business uses are limited to the Marriott Hotel on the north side of Atlantic, and a few restaurants, shops, and small hotels on the south side. With the exception of the major hotels and some older nonconforming condominium buildings, development is at or below the 48 ft. height limit. The CRA boundary lies on the west side of A1A. While much of the commercial space fronts directly on the street, there are other instances where the storefronts and sidewalk are separated by parking lots or large stretches of landscaping. This condition, combined with the 4-lane, no-median condition of E. Atlantic Avenue in this area, make this part of the downtown less pedestrian friendly than the Central Core area. Parking is in high demand in the area and all public parking spaces are metered. Public parking is located along the major streets, as well as in two shared surface lots: one at the Marriott Hotel on A-1-A and the other off of Gleason Street that the City leases from the First Presbyterian Church. There are additional public parking lots located south of the commercial area off of A-1-A, but the hours that these lots can be used are restricted and their distance from the shops and restaurants discourages heavy usage by business patrons. However, they have been utilized for valet parking, which helps alleviate some of the parking challenges. This area has seen substantial private investment in building upgrades and expansions, with the conversion of the former Spanish River time share project to a Marriott Courtyards Hotel, renovation of the Bank of America and Waterways commercial condominium properties, construction of an upper level at Boston's restaurant, and appreyal of mans +„ replaGe a small chGppiRg ,.on+or 4.4i+h a the development of the luxury. GE)Fn pletinn of the 4-story Seagate Hotel at the southwest corner of Gleason Street and Atlantic Avenue, and develgpmeR4. recently the addition at the Marriott on A1A of 16 luxury rooms facing the ocean. The Downtown Master Plan includes recommendations for improving pedestrian safety and increasing parking availability in the area. Major Physical Features: • The Atlantic Ocean and the Beach to the east. • Intracoastal Waterway to the west. • Marriott, af�d Marriott Courtyards and Seagate Hotels. 13 • First Presbyterian Church. • 4 lane undivided Atlantic Avenue and two lane undivided Al A. B. Sub-Area #2: "The Central Core" This sub-area, containing approximately 264 acres of land, consists of the City's central business district (CBD) and several fringe residential areas. The area, while primarily commercial in nature, contains a mix of residential, commercial and light industrial land uses. The retail/restaurant core is centered on Atlantic Avenue and Pineapple Grove Way. The maximum building height allowed in this section of the CRA is 48' except for limited areas where up to 60' is permitted by conditional use. With the exception of a few mid-rise buildings, including the office buildings in Atlantic Plaza, the Town Square office building between the Federal Highway pairs, the mixed-use and condominium buildings in the Pineapple Grove district most of the buildings within the area are one to three stories in height. The tight massing of structures, particularly along Atlantic Avenue and sections of Pineapple Grove Way, creates a solid continuous facade of buildings typically associated with older downtown areas. The architectural styles are diverse, reflecting a downtown that evolved over decades. The wide mix of businesses further reflects this diversity. From drug stores to designer wear, souvenir shops, ice-cream stores and water-view restaurants, the downtown area reflects a diversity of interests. The overall scale of the area is that of a small to a medium sized downtown which presents a strong sense of place to residents and visitors. As one of the few downtowns in South Florida to have retained its commercial focus, this area continues to serve as a true community center. Renewal and redevelopment have been an on-going activity in the downtown area for a number of years. Minor renovations and rehabilitation have been ongoing since the mid-1990's, followed by major redevelopment projects in more recent years. The Atlantic Avenue Beautification project, which upgraded the sidewalks, parking and landscaping in the Central Core area, was a major commitment by the City, CRA and DDA to revitalize the downtown business district and generate private reinvestment. Coordinated hardscape elements, such as lighting, benches and trash receptacles; specially paved widened sidewalks and street crosswalks and the street tree and landscape program make this stretch of Atlantic Avenue one of the most attractive downtown pedestrian corridors in the region. Similar beautification measures were subsequently implemented in the Beach District and West Atlantic area. The downtown area has experienced tremendous growth, much of which has been in the area of new housing. The 33-unit Courtyards project and the 22-unit Town Square development, which were built in the late 1990's, demonstrated that there was a strong pent-up demand for urban infill housing. Several other townhouse projects followed, primarily along the Federal Highway corridor, as well as the 160 unit Pineapple Village rental apartment complex. In recent years there has been a strong interest in mixed use projects that provide shops and restaurants on the ground floor and condominium units above. The new CityWalk and The Astor (former Creations site) on Pineapple Grove Way, Ocean City Lofts on NE 4t" Avenue, and The Mark on SE 2nd Street, reflect this trend. The CRA redevelopment project, Worthing Place, a 218 unit, mixed-use, residential, rental apartment project, opened in 2011. In 2013, a new condominium/apartment rental project opened on NE 51" Avenue between 1st and 2nd Streets, after a slow completion due to a change of ownership. Several mixed-use, residential apartment projects were approved in the Downtown Core in 2013, and an area known as the SOFA (South of Atlantic) district has begun to emerge. 14 The FEC railroad corridor runs through the Central Core district, with more than twenty freight trains traversing the area on a daily basis. Until recently the uses abutting the railroad were commercial and light industrial in nature, and many had not been renovated in decades. With the advent of construction techniques that provide significant sound buffering, several new housing projects were approved that locate residential units in close proximity to the railroad. Recently, the housing market has cooled somewhat and not all of the approved projects are moving forward to construction. Changes in the City's land development regulations enabled the increase in the density and scale that has helped the downtown to become more active and economically vital. In order to address concerns that the new development would overwhelm the traditional one and two story buildings in town, Design Guidelines were adopted to help to keep new construction compatible with the downtown's historic scale. As with most traditional downtowns, street parking played the most important early role in providing convenient customer access. When the Atlantic Avenue streetscape improvements were planned, the critical importance of street parking was understood, and the parking was retained to the greatest extent possible. Increased parking demands created by the redevelopment activities, along with high property values, illustrate the importance of moving toward structured parking. In order to improve traffic circulation and enhance pedestrian safety, the Downtown Master Plan included recommendations to change the one-way bypass system (N.E. and S.E. 1st Streets) to two way traffic, and widening of the sidewalks along the Federal Highway pairs. As of the date of this plan amendment, conversion of NE 1St Street to two-way traffic has been completed. Conversion of SE 1St Street is scheduled to occur with completion of the Federal Highway improvements. Regarding the Federal Highway pairs, it was determined that temporary modifications would be installed to study the traffic impacts and determine if the changes would create severe traffic congestion. Installation of the temporary modifications +s 6IRderNay was completed in 2008, and the lane closures reduced speeding and accidents without increasing travel times. Permanent improvements to the major corridor commenced in 2013 and will be completed in 2015. Major Physical Features: • The F.E.C. Railroad. • The Intracoastal Waterway. • Contains many historic sites/buildings including the Marina Historic District and Delray Beach Center for the Arts at Old School Square. • Pineapple Grove Arts District. • Bankers Row. • Veteran's Park. • Worthing Park on East Atlantic Avenue and Old School Square Park. • East-West traffic circulation, "the bypass system". • Federal Highway, split in pairs between SE 10th Street to George Bush Boulevard (NE 8th Street), more or less. • Emerging district known as SOFA (South of Atlantic) 15 C. Sub Area #3: "West Atlantic Avenue Commercial Corridor" This sub-area, containing approximately 187 acres, generally comprises a one-block (600') deep corridor on each side of Atlantic Avenue from 1-95 to West 3rd Avenue. The second block of NW 5th Avenue neighborhood commercial area, located between NW 1st and NW 2nd Streets is also included in this sub-area, as well as the north half of the second block, south of SW 1s' Street. When the CRA was first established, this area was characterized by older deteriorating commercial uses interspersed with vacant lots and vacant buildings. Existing businesses are primarily oriented to service the immediate neighborhood located on either side of Atlantic Avenue. The rear portions of the blocks fronting on Atlantic Avenue are predominantly residential in nature with units of both single family and multiple family designs. A large number of these are of relatively poor quality and require both minor and major repairs. As noted under "Major Physical Features", over time the City and County invested in the establishment of governmental uses. A redevelopment strategy was put forth for the West Atlantic area in December 1988 and met with substantial citizen opposition. The strategy recommended acquisition and redevelopment of the entire area. Since this approach did not allow for the assimilation of existing businesses and housing into the program, it would have required massive displacement and relocation of primarily minority businesses and residents. This situation was clearly unacceptable to the residents of the area. In a counter proposal presented by the West Atlantic Property Owners' Association (WAPOA), it was recommended that redevelopment of the area be accomplished on a block-by-block basis and that commercial activity be generally limited to a depth of 300 feet from Atlantic Avenue rights-of-way. This strategy was accepted by the City and included within the City's Comprehensive Plan as an interim measure to guide land use decision-making prior to the creation of the West Atlantic Redevelopment Plan. In 1993, the CRA organized the first phase of the planning effort for West Atlantic by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as "Stakeholders" in the resulting process which was termed "Visions West Atlantic". "Visions West Atlantic" was a forum for a series of community meetings which ultimately produced recommendations concerning redevelopment issues for West Atlantic Avenue. These recommendations formed the backbone of the redevelopment plan, which was adopted by the City in 1995. The plan holds the commercial zoning to the 300' limit on most blocks. Building heights are limited to 48' with a preference expressed for two- and three-story buildings. A non-profit development corporation was created in 1998 called the West Atlantic Redevelopment Coalition, Inc. ("WARC"). The organization's Board consists primarily of property owners and business owners in the West Atlantic corridor. WARC advises the CRA and the City on any matter pertaining to West Atlantic, and has engaged residents and stakeholders in strategic planning initiatives for the corridor. WARC also markets and promotes the avenue by holding special events and contributing to festivals in the area through the Delray Beach Marketing Cooperative (DBMC). In 2000 the CRA put out to bid 4.5 acres of land it had aggregated for redevelopment purposes. The successful bidder, Atlantic Grove Partners, consists of a partnership between a private development company (New Urban Communities) and two local non profit agencies 16 (Delray CDC and TED Center). The resulting project consists of two 3-story buildings housing 20 condominium units and 46,000 sq. ft. of commercial space fronting Atlantic Avenue, with 55 townhouse units to the rear. The CRA provided subsidies so that 10 of the townhouses could be set aside for moderate income, first-time homeowners. In 2002 the City adopted the Downtown Delray Beach Master Plan. A major objective of the plan was the unification of East and West Atlantic into a seamless downtown. The plan called for the creation of a "gateway feature" at I-95 and West Atlantic to signify the entrance to the downtown at that location. It also provided for public plazas, pocket parks, and streetscape improvements along West Atlantic and NW/SW 51h Avenues. Most of the projects identified in the plan are underway or have been constructed. In 2003 the CRA contracted with the engineering firm CH2MHill and Miami artist Gary Moore to develop a beautification plan for NW/SW 51h Avenue. The streetscape design completed in 2006, which includes colorful rough terrazzo sidewalks and bronze inlays, was developed in concert with residents and business owners of the area, and reflects the history of the avenue and the adjacent neighborhoods. In June of 2004 the CRA contracted with the engineering firm of PBS&J and a team of local artists to design the Gateway Feature. The consultants held several workshops to obtain public input, and refined those ideas with the help of a focus group comprised of community leaders with expertise in the arts, construction, and/or design. In 2007, the design was endorsed by the CRA Board and City Commission, and final construction drawings aFe G61FFeRtly being pFepaFed were completed in . Construction is aRti^ipated +„ bo^,r was completed in POOP 2013. The artistic Gateway project has been received very positively. The City and the CRA have invested substantially in the beautification of the West Atlantic Avenue corridor. In 1990, in order to improve the visual appearance of the corridor, the City developed a greenway program to landscape the vacant private lots fronting along the avenue. This program was very effective at improving the visual appearance of the corridor. Additional beautification, including streetscape improvements with paver block sidewalks, landscape nodes and street lamps, were constructed in 2003 with CRA and TEA-21 funds. The initial phase improved the blocks between West 1s' and 6th Avenues. The beautification of the blocks between West 6th and 12th Avenues, +„ begin began in and was completed in in�rzwv. In addition, in 2005, the CRA purchased three blighted properties along the NW 51h Avenue corridor (82, 133 & 135 NW 51h Avenue) with the intent to redevelop or renovate the buildings. Renovation of the building at 133 NW 51h Avenue has been completed providing long term affordable rental housing for families. Renovation of the mixed-use building at 135 NW 51h Avenue 4 occurred in 2008, providing long term affordable residential and commercial space. In March 2007, the RFP submitted by the Delray Beach Housing Authority was selected for the redevelopment of the property at 82 NW 51h Avenue, which will house the authority's offices. A The Housing Authority is awaiting approval by HUD. Other recent projects in the Commercial Corridor include the successful selection of a hotel developer to build a limited service business and traveler hotel on the corner of West Atlantic Avenue and SW 10th Avenue. The hotel, which is currently under construction, will be important to establish viable commercial real estate on the western end of the Avenue as well as provide lobs to local residents. In addition, a large assemblage (6.23 acres) of CRA land was offered in 2013 for redevelopment and a developer was selected to provide a mixed-use project (retail, office & residential rental units). The developer has been working with WARC and community representatives to ensure that the project includes businesses to serve the surrounding 17 neighborhood and provides mobs for local residents. Major Physical Features: • 1-95 Interchange including landscaped MiRarks (fi-,t-r° '^^°+i^n ^f Gateway Feature • City Administration Complex. • Delray Beach Public Library. • Fire Station Headquarters. • South County Courthouse. • City Police Headquarters. • South County Courthouse parking garage. • City Community Center. Municipal Tennis Complex with Stadium. • Libby Wesley Plaza at West Atlantic and SW 51" Avenues • Vacant land owned by the CRA. • Highly visible and artistic Gateway entrance to the City. D. Sub Area #4: Northwest Neighborhood" This sub-area of approximately 250 acres is an area where many of the first African Americans pioneers settled. The area is primarily residential in nature containing approximately 643 dwelling units consisting largely of single family residences with some duplex and multiple family structures interspersed throughout. Building heights are limited to 35 feet but the majority of structures are single story. Overall, this area has seen an infusion of investment resulting in newer structures as well as renovations to historically significant structures. However, additional quality affordable housing and neighborhood improvements are needed. The housing stock in this area is generally in better condition than the neighborhoods in Sub-area #8 to the south. The historic West Settlers District lies between NW 3rd and NW 51" Avenues, between MLK, Jr. Boulevard and Atlantic Avenue. The CRA established the West Settlers Advisory Board to oversee planning efforts and grant activities aimed at preserving the remaining historic homes in the district. In addition, the CRA purchased the historic La France Hotel on NW 4t" Avenue to provide long term affordable senior housing. The building renovation and expansion were completed in 2007. The City and the CRA, in association with the nonprofit organization EPOCH, have restored the former home of Palm Beach County school principal Solomon D. Spady into a museum of African American history. Renovations to the Munnings Cottage (aka Susan Williams House) were completed in 2011. °;ase "mac h l Qtn F 0 G hnme to fnr a nhilrlren'c antiVitiec renter 4.4hinh �e i�c nmm�l star! in 'x I I In 1992, the CRA launched an affordable housing program in partnership with Palm Beach County, the City, the Community Financing Consortium, the TED Center, the Delray Beach CDC, and local builders. Through this program, The Renaissance Program, affordable 18 single family homes were provided to income eligible first time homebuyers. The growth that Delray Beach has experienced in recent years has resulted from the redevelopment of the older neighborhoods as well as the influx of residents into new areas of the City. In order to provide and maintain an adequate supply of permanently affordable housing for families that work within the Delray Beach community, the CRA collaborated with the City and the Housing Authority to create the Delray Beach Community Land Trust (DBCLT) in 2006. The DBCLT has been effective in selling fifty nine (59) single family homes and three (3) CODA Townhomes throughout the City of Delray Beach (3 townhomes, 4 single family sales through partnering with Habitat for Humanity), and 6 Neighborhood Stabilization Program (NSP) rehabilitated homes. Of the fifty nine (59) total homes sold, the DBCLT constructed forty six (46) new model homes since it was created. Major Physical Features: • S.D. Spady Elementary School • Pompey Park • Spady Museum • The Achievement Center for Children & Families • I-95 as western boundary • West Settlers Historic District • MLK Boulevard. E. Sub-Area #5: "North Federal Highway" This sub-area of approximately 205 acres is centered on the N. Federal Highway Corridor. The majority of the area was annexed to the City in 1988 as enclave #24. The City adopted a "Finding of Necessity" and the Community Redevelopment Area was amended in 1987 and 1989 to include most of this annexation area. The City paved streets and installed water and sewer service within the area in 1992. The remaining County enclaves, including the Delray Swap Shop, were annexed in 1994. In general, the properties fronting on Federal Highway are used for commercial purposes. For many years this frontage was utilized for strip commercial and auto-oriented uses with little sense of order. Buildings may be up to 48' in height but most development in the area is single story. Up until the mid to late 1990's there were many commercial structures that, due to age and obsolescence, were poorly maintained or abandoned, creating a negative economic impact and blighting influence on the entire area. Homes within the residential areas were generally in poor condition and undervalued compared to other eastern neighborhoods in the City. In 1996, a joint effort between the City of Delray Beach Planning Department and the CRA was launched to write a redevelopment plan for North Federal Highway. The plan called for creating a higher density (up to 18 units per acre) multi-family zoning district, an overlay district over a portion of the General Commercial which would allow, under special circumstances, light industrial uses, and a large beautification program. The residents in the area opposed the higher density components of the plan while the commercial interests largely supported it. The City and CRA revisited the plan in 1997. After a community wide planning 19 charrette facilitated by the Treasure Coast Regional Planning Council, the provisions allowing for increased densities were eliminated, and in March of 1999 the City adopted the North Federal Highway Redevelopment Plan. In the years since the plan's adoption, several blighted buildings were demolished and/or redeveloped, including the old Miller Dodge dealership, Arrow Trailer Park, and the Delray Swap Shop. Two new high-end residential developments, The Estuary and Old Palm Grove, have been constructed in the area between Federal Highway and the Intracoastal Waterway. These developments have increased the property values of the older adjacent neighborhoods, and are helping to provide a local customer base for businesses along the highway. There are still several aspects of the plan that need to be implemented, including connector streets, pocket parks, and beautification of the neighborhood streets. In February 2007, construction of the La Hacienda (pocket) Park was completed and plus aFe ReaFiRg followed by the beautification of Lake Avenues North and South, within the La Hacienda neighborhood,. aRtiGin which was completed in 2008. Other improvements include a new roadway connection between North Federal Highway and Dixie Highway north of NE 14th Street, which was funded by the CRA. Future improvements in the area will include the recently approved townhouse project called St. George's on a 2-acre site on the east side of Federal. While there has been residential development, the viability of commercial along the corridor needs to be examined. The CRA has contracted with a private consulting firm to conduct an updated market assessment of the area. Major Physical Features: • Intracoastal Waterway as eastern Boundary for a part of the area. • Acts as a northern "gateway" to the city. • The F.E.C. Railroad is the western boundary for the area. • U.S. 1 runs as a "spine" through this sub-area. • Increasing residential development. • Several automobile dealers and used car lots. • Poor accessibility between the western neighborhoods and North Federal Highway. F. Sub-Area #6: "Northeast Neighborhood " This sub-area of approximately 260 acres is primarily situated between N.E. 2nd Avenue/Seacrest Boulevard and the F.E.C. Railway, north of 4th street. A portion of the area, located south of N.E. 8th Street is within the Del-Ida Historic District. In general, the overall sub- area is residential in nature; however, some low intensity professional office development is clustered within the southernmost portion and there is a small industrial zone located in the northeast corner. Building heights are limited to 35 feet but most development is single story. One public school, kPlumosa Elementary School of the Arts} is located withip at the north end of the Sub-Area; h^WeV +h^ R-GhA-9.1 ni6+riGt has ^laps +^ r^d^v^i^^ located on a portion of the former Atlantic High School site. to °^^p-mme` ate aA K-9 gFad^ pFegram WhiGh 4.4GI-I;dt#enTeplaGe Construction of a City-funded soccer complex on the easterly portion of the former Atlantic High School site is aRtiGipateGl was completed in . The former 20 Plumosa Elementary School, which is located within the Sub-Area, was temporarily used to house Galaxy Elementary School until a new Galaxy Elementary was completed in Boynton Beach, and most recently has served for School Board administration space. There are approximately residential units within the area, consisting of single family, duplex and multiple family structures. Although the overall housing conditions are good, there are many structures throughout the area in need of major and minor repairs. The worst physical conditions in the area occur in several multi-family buildings on N.E 3rd Avenue, immediately adjacent to the railway. Most of the area has been identified as in need of stabilization and revitalization in the City's Comprehensive Plan. In 1997, the City Planning Department, the CRA, and two homeowner associations met over a one-year period to devise the Seacrest/Del Ida Neighborhood Redevelopment Plan. The planning effort was one in which local government and residents successfully planned together in order to create a strategy to improve their neighborhood. The Plan resulted in the pledge by the public sector (CRA and City) to expend over $2 million, and the residents, through a property assessment district, to expend $1 million, for street improvements, construction of parking lots, beautification and a grant program. Most of the improvements have been implemented, including traffic calming, landscaping of the railroad corridor, drainage improvements, parking lots, tot lot, and establishment of grant programs for duplex conversions and beautification. In order to promote owner-occupancy and stabilization of the area, several blocks were rezoned so that multi-family development would no longer be possible. In 2001, a local doctor and land owner completed a medical office building at 525 NE 3rd Avenue. The new project adds to the medical cluster on NE 3rd Avenue and NE 8t" Street. The same doctor is contemplating in 2014 of constructing an additional medical complex on the northwest corner of NE 4t" Street and NE 3rd Avenue. As a result of the downzoning of multi-family to single family in the 1990s, the area has recently experienced a resurgence of new single family homes, particularly higher priced homes over $500,000. The larger homes, over 2,500 square feet, are gradually changing the character of the old neighborhoods because of their size. The new buyers tend to be younger professionals. Major Physical Features: • The F.E.C. Railroad. • New Plumosa Elementary School of the Arts on the former Atlantic High School site. • Old Plumosa Elementary School, now Palm Beach County School Board administrative space. • Seacrest Christian School and Church. • Del-Ida Professional Office District. • N.E. 2nd Avenue/Seacrest Blvd. • Gulfstream Boulevard. • Hilltopper Stadium and Seacrest Soccer complex G. Sub-Area #7: "Osceola Park" 21 This Sub-Area of approximately 170 acres is generally situated between Federal Highway and the F.E.C. Railroad, south of the CBD. The Federal Highway frontage contains a mixture of low intensity commercial uses and auto related businesses. There is additional commercial/light industrial development adjacent to the railroad in the northwest section of the area. The central and southern portions of the area are single family residential in nature. The overall condition of housing is generally good south of SE 6th street, although there are many structures in need of maintenance and minor repairs. The northern portion of the sub-area (between SE 2nd St. and SE 5th St.) contains the structures in the poorest condition. This area has sandwiched a small area of residential development between deteriorating commercial land uses. This portion of the sub-area has been designated a redevelopment area in the City's Comprehensive Plan. Building heights are limited to 35' for the residentially zoned areas and 48'- 60' in the commercially zoned sections. Little new development has occurred in the area over the past twenty years except for one CRA project in 1996 in which the CRA sold five lots to a local builder to develop new single family homes. Although the project was moderately successful, it did not encourage other new single family home development. In 1998, the CRA and City agreed, along with the Osceola Homeowners' Association, to create a neighborhood plan to stabilize and improve the area. The City and CRA, with a grant from the State, conducted an historic building survey. On December 6, 2004, the City adopted the Osceola Park Redevelopment Plan, which will be jointly implemented by the City and CRA. The construction drawings have been completed and construction is anticipated to begin in 2008. More recently the redevelopment of Atlantic Avenue and SE 1" and SE 2nd Streets with new housing projects is beginning to influence the northern edge of Osceola Park. Locals have coined a geographic moniker for the first two blocks south of Atlantic Avenue, calling it "South of Atlantic" or "SOFA." SOFA's boundaries are not well defined but the emergence of new housing indicates that redevelopment is moving south into Osceola Park. Major Physical Features: • F.E.C. Railroad. • Currie Commons Park. • Federal Highway Corridor. • Haitian Business District H. Sub Area #8: "Southwest Neighborhood" This sub-area of approximately 556 acres in conjunction with the Sub-Area #4 (Northwest Neighborhood) contains the majority of the City's minority population. The area is primarily residential in nature containing approximately 1,625 dwelling units consisting primarily of single story single family residences with duplex and multiple family structures interspersed throughout, but concentrated primarily in the areas just south of Atlantic Avenue. The main public school within the Southwest Area is the recently completed Village Academy campus serving grades K-12. Other major institutional uses include Toussaint L'Ouverture High School for Social Justice, the FeGeRtly ,-on,,,,°+°d_ Catherine Strong Park, the City's Public Works Complex and the Cemetery. In addition, this Sub-area consists of a light industrial area adjacent to I-95 and SW 10th Street (southwest corner), and two small areas zoned for office. The area immediately south of 10th Street, outside the CRA boundary, is light industrial in nature and sets 22 the tone for this portion of 10th Street. Building heights are limited to 35' for the residentially and office zoned areas, and 48' for industrial and community facilities zoned areas. It is important to note that the light industrial portion of the sub-area is located within the impact area of the City's Series 20 well field. Any development or redevelopment in this area will be strictly regulated to ensure it does not degrade the City's potable water supply. This Sub-area was addressed in the Southwest Area Neighborhood Redevelopment Plan, a citizen-driven plan that was adopted by the City in 2003. Overall, this area contains the bulk of the older, poorer quality housing within the city. The depressed economic status of a majority of the area's residents has made it difficult to provide adequate maintenance of housing units within the neighborhood. As a result, in some pockets a substantial number of structures are in need of major repairs and rehabilitation. The plan calls for the revitalization and stabilization of the neighborhoods through street beautification, housing upgrades, pocket parks, and improvements to recreational and service facilities in the area. The plan also calls for the establishment of an inventory of affordable housing to ensure that existing residents will not be priced out of the neighborhood once the redevelopment takes hold. One of the largest affordable housing developments in the City, "Auburn Trace & Villages at Delray", is located within the Southwest area. This 2-59 296 unit housing pFejeet development was accomplished to provide affordable housing through a public/private cooperative effort. Another affordable housing project within the area is Allamanda Gardens, a 36 unit single family subdivision that was developed with County and City financial contributions. More recently, Swinton Gardens, an 11-unit affordable single family subdivision, was developed by the City at the northwest corner of Swinton Avenue and SW 10th Street. Tr��a8 serested teFedevelep the GaFver €states site. Tie—PFepesal arse y es In 2005, the CRA began acquiring two blocks of single family properties (20 lots total) in the Carver Square subdivision, pursuant to an acquisition plan that was approved by the CRA Board. The properties were the site of a former dumping area, and most of the houses that had been constructed on the lots have experienced significant structural damage due to major settlement of the soil. The CRA's plan for the area included resident relocation, demolition of the remaining structures, remediation of the soil conditions, stabilization of the site, and construction of new single family affordable housing. Acquisition and relocation of the residents as well as demolition of the structures has been completed. Soil remediation is +„ be has also been completed ins and ground water monitoring wells have been installed. The City's only public housing project, "Carver Estates" was located within the southern section of the area. This 200 unit public housing development, owned and managed by the Delray Beach Housing Authority provided housing for the City's underserved residents for approximately two decades. The housing project was found to have structural problems of a severe nature that it would be more economical to replace the units than to repair them. In October 2005, Hurricane Wilma caused irreparable damage to Carver Estates and resulted in 23 the City of Delray Beach condemning the public housing project which led to the subsequent demolition of all 200 public housing units in 2008. In 2010, the Delray Beach Housing Authority partnered with a private tax credit developer to plan, develop and finance a new 253 unit mixed income development over the entire 18 acres of Housing Authority property. The development consisted of 84 units of elderly housing, 144 units of mult-family housing and 25 units of fee-simple single family housing. In June 2012, the mixed income development was awarded the highly competitive 9% Low Income Housing Tax Credt (LIHTC) from the Florida Housing Finance Corporation. The multi-family and elderly development is currently under construction with a completion date anticipated in the fall of 2015. The 25 unit fee-simple single family subdivision will begin construction once market conditions improve. The CRA committed funding to redevelop the property in the form of a $100,000 grant for the mixed income rental phase of the development and a $2.7 million loan for the elderly housing phase. Major Physical Features: • Allamanda Gardens & Carver Square Subdivisions. • Auburn Trace Housing Development. • Catherine Strong Center. • Delray Full Service Center, including Toussaint L'Overture Charter High School. • Village Academy— K-12 Public School. r� F=14 � Village Square. • City Public Works Complex. • I-95 as the western boundary of the area. • Series 20 wellfield in area. • Municipal Cemetery. • City Neighborhood Resource Center 24 PART THREE: ANALYSIS I. Problems and Needs within Geographic Sub-Areas The purpose of this section of the plan is to provide a list of problems and needs identified within each of the geographic sub-areas of the Community Redevelopment Area. These items are then addressed within the Community Redevelopment Plan through sub-area redevelopment strategies which include the implementation of specific programs and projects of the Community Redevelopment Agency, the City of Delray Beach or other governmental agencies operating within the Community Redevelopment Area. A. Sub Area #1: "The Beach District" Problems • Existing business mix limits the marketability of the area. • Lack of parking; tourists and beach customers parking in the surrounding neighborhoods. • Development pattern places many businesses too far back from the street to be convenient to pedestrians. • Pedestrian safety is an issue, especially at the intersection of A-1-A and Atlantic Avenue. • Beach erosion is a threat to the local economy, and is costly to remedy. • Pedestrianways and public facilities (showers, benches, gazebos, etc.) need to be upgraded. Needs • Increase potential for new mixed-use commercial development that fronts the street. • Increase nighttime activity (i.e. theatre, entertainment) beyond dinner. • Coordinated marketing strategy for Beach Area, Central Core and West Atlantic Area. • Increased economic stimulation through private investment. • Improved public transportation system, including the downtown trolley. • More parking to accommodate the increase in business and residential use. • Sidewalks and other improvements to the pedestrian system to enhance public safety. • Continued use of Safe and Clean program to maintain the area. • Improvements to Atlantic Avenue to beautify the entrance to the area. • Implementation of Beach Master Plan improvements. 25 B. Sub-Area #2: " Central Core" Problems • Lack of user friendly parking system. • Insufficient parking supply at peak times. • Employees parking in best spaces on Atlantic Avenue. • Back-out parking on some streets including NE 3rd Avenue between NE 3rd and NE 4t" Streets, the location of an emerging arts cluster. • Business mix does not include large scale employers. Land Development Regulations do not provide predictability to developers and residents. • Limited open space areas such as pocket parks and plazas, especially in SOFA area. • Veteran's Park is in a deteriorated condition. Needs • Improved mass transit system and wayfinding. • More parking and parking that is better located to serve all areas. • Parking management and parking revenue system. • Final conversion of one-way bypass pairs (SE ;;Pd WE 1s' Streets) to two-way traffic. • Mix of uses that include more office and retail uses to attract an employment base and shoppers. • Expand employment opportunities to include larger-scale employers. Update Land Development Regulations. • Adopt and implement master plan for Veteran's Park. • Create small parks and plazas for public use. C. Sub-Area #3: "West Atlantic Avenue Commercial Corridor " Problems • Some areas along West Atlantic Avenue (frontage) present a poor visual image. • The area is seen as neglected by the residents. • Lack of substantial private investment in new development in the area. • Area contains vacant and under-utilized property. • Convenience stores provide locations for loitering. 26 • Insufficient number of shops and services to serve the surrounding neighborhood. • Lack of employment base in close proximity to residents. • Perceived high crime rate on West Atlantic Avenue is a deterrent to shoppers, tenants, and investors. • Some buildings sited as strip commercial and have curb cuts on West Atlantic Avenue. Tennis Center and Community Center have reached their economic life. • Public buildings such as Police and Fire Headquarters, South County Courthouse, Tennis Center are set back from the avenue and/or have parking lots at the front, and interrupt the pedestrian flow. Needs • Provide a positive image at this entrance to the city center. • Foster positive attitudes toward redevelopment efforts through continued incorporation of maximum citizen participation into the planning process. • Provide employment opportunities for the residents of surrounding neighborhoods. • Provide for increased opportunities for minority business ownership in the area. • Provide for adequate neighborhood commercial shopping opportunities for the surrounding neighborhoods. • Increase pedestrian and bicycle activity. • Have housing and mixed-use buildings to provide new consumers to the area. • Improve the pedestrian relationship of the Courthouse, Police and Fire Headquarters and Tennis Center with other uses on West Atlantic Avenue. • Continued beautification of West Atlantic Avenue and side streets. • Continued property acquisition and redevelopment by the CRA of blighted properties. • Promote public art along the corridor (could incorporate themes represented in the Gateway Feature) D. Sub-Area #4: "Northwest Neighborhood" Problems • A substantial number of housing units are in need of repair and rehabilitation. • Title issues prevent the purchase and redevelopment of a number of vacant lots within the area. • Parts of the overall area are visually blighted. • There is considerable trash and debris on both vacant lots and occupied property within the area. 27 • Landscaping in some areas is insufficient and not well maintained. • Lack of sidewalks prevents linkage to commercial area. • Poor maintenance of rental properties creates blighted appearance and code enforcement issues. • There is an inadequate supply of quality affordable housing. • Lack of adequate lighting in the neighborhoods. • Unimproved alleys are poorly maintained_ Needs • New housing construction, especially affordable,_is needed to eliminate the large number of vacant lots within the area. • Existing good-quality affordable housing needs to be protected. • The area needs additional landscaping, lighting and better maintenance of existing landscaping. • Additional sidewalks are needed to keep people, (especially children), from walking in the street and to enable residents to walk to work and shopping. • Pocket parks should be provided, when supported by the community.. • Financial assistance should be made available to assist in the renovations and upgrades of buildings. • Alleys should be paved when possible to improve traffic circulation and appearance. Where paving is not supported by surrounding community, the alley should be abandoned to adjacent property owners, as applicable. E. Sub-Area #5: "North Federal Highway" Problems • Large vacant tracts, vacant buildings, and marginal businesses detract from the overall appearance. • Land uses inconsistent and do not suggest a destination cluster. • Housing in the neighborhoods off of Federal Highway is in need of maintenance and upgrades. • Some residential streets are in need of signage and streetscape enhancements. • High speed traffic on Federal Highway. • Lack of lighting, sidewalks and landscaping along Dixie Highway. Needs • Continue to improve the visual appearance of the corridor. 28 • Continue to stabilize the residential neighborhoods to prevent further deterioration. • Need to improve overall condition of older housing stock. • Need to upgrade commercial development to existing code standards. • Update the North Federal Highway Master Plan. • Institute a marketing program to identify viable uses and encourage development in the corridor. • Upgrade landscaping and lighting along Dixie Highway. • Construct sidewalks along Dixie Highway. F. Sub-Area #6: "Seacrest/Del-Ida Neighborhoods" Problems • Seacrest Boulevard needs to be improved. • Some rental housing structures throughout the area still require maintenance and repairs due to their poor condition. • Multi-family uses dominates the older, historic single family structures. • Lack of sidewalks prevents linkage to other neighborhoods and commercial areas. • High concentration of transient housing. Needs • The area needs support in its continued effort to maintain private investment. • The area needs to be protected from decline due to lack of maintenance and repair. • Rental property is in need of improvement. • Home ownership efforts must be encouraged. • CRA will acquire problem properties to encourage single family development. • City needs to continue to explore opportunities to enhance transient housing regulations. • Seacrest Boulevard Beautification G. Sub-Area #7: "Osceola Park" Problems • Northern portion of the area contains residential properties sandwiched between commercial land uses. • Many structures within the area are in need of maintenance and repair. 29 • Much of the area is located within a well field protection zone which limits the type of commercial and industrial redevelopment. • The area has lost its stature as a quality housing area. • The area is significantly impacted by cut through traffic as motorists look to bypass downtown traffic. • Unimproved alleys are poorly maintained. • Insufficient parking to support businesses. • Businesses are in need of capital. • Additional sidewalks are needed to keep people, (especially children), from walking in the streets and to enable residents to walk to work and shopping. Needs • Area needs to be protected from further decline due to blighting influences and lack of maintenance and repair. • City's eastern water well field needs to be protected. • Area needs higher proportion of owner occupancy. • Area is in need of traffic calming efforts. • Alleys should be paved to improve traffic circulation and access. • Businesses need branding. • Area needs higher proportion of owner occupancy. • Encourage businesses to upgrade. H. Sub-Area #8: "Southwest Neighborhood" Problems • A substantial number of housing units are in need of repair and rehabilitation. • Redevelopment former Carver Estates to provide quality affordable housing. • Title issues prevent the purchase and redevelopment of a number of vacant lots within the area. • Parts of the area are visually blighted. • There is considerable trash and debris on both vacant lots and occupied property within the area. • Network of alleys is not complete and some roadways are in need of repair. • Back-out parking from multi-family properties onto streets creates a traffic hazard. • Landscaping in some areas is insufficient and not well maintained. 30 • Lack of sidewalks prevents linkage to commercial area. • Some areas lack drainage. • Poor maintenance of rental properties creates blighted appearance and code enforcement issues. • Escalating land values have increased the pressure to create affordable housing. • Inadequate supply of quality affordable housing. • Southwest portion of the area is located within a well field protection zone which limits the type of commercial and industrial redevelopment. • Much of the light industrial development is not built to current development standards. • Landscaping in the industrial portion of the area is insufficient. Needs • New housing construction is needed to eliminate the large number of vacant lots within the area. • Existing good-quality affordable housing needs to be protected. • The area needs additional landscaping and better maintenance of existing landscaping. • Additional sidewalks are needed to keep people, (especially children), from walking in the street and to enable residents to walk to work and shopping. • Pocket parks should be provided, when supported by the community. • Financial assistance should be made available to assist in the renovations and upgrades of buildings. • Alleys should be paved when possible to improve traffic circulation and appearance. Where paving is not supported by surrounding community, the alley should be abandoned to adjacent property owners, as applicable. • Need to protect the city's water wells. • Need to upgrade and maintain the existing light industrial. • Improved code enforcement. II. Overall Needs within the Community Redevelopment Area As opposed to specific needs identified within the various sub-areas of the Community Redevelopment Area, these "Overall Needs" are area wide in scope and encompass some of the more serious problems that are prevalent throughout the area and contribute to the overall state of decline. A. Removal of Slum and Blight The Community Redevelopment Area contains a substantial number of areas with deteriorated and deteriorating structures that are a detriment to the health, safety or welfare of 31 area residents. The existence of these slum and blighted conditions contribute to the spread of disease and crime, decrease the tax base and substantially impair or hinder sound growth. The major charge of the Community Redevelopment Agency is the consistent removal of these conditions while subsequently preserving and enhancing the tax base of the Community Redevelopment Area. The CRA continues to acquire blighted properties and assemble properties to encourage their redevelopment, primarily by the private sector. The CRA has issued Requests for Proposals (RFPs) to sell properties it has acquired for redevelopment purposes, resulting in new commercial and housing opportunities in the district. The CRA has also purchased blighted residential buildings and upgraded them for use as long term affordable housing units. The CRA has also provided financial incentives to encourage upgrades to existing properties. In 1990, the CRA initiated the Subsidized Loan Program as an impetus for both residential and commercial improvements throughout the district. The program subsidized the interest paid by property owners who borrowed money from local financial institutions to improve their properties. The program was eventually discontinued and replaced by other programs that provide direct assistance for property upgrades, such as the Site Assistance Program, the Historic Fagade Improvement Program, the Paint-Up and Signage Program, and the Curb Appeal Program, all of which have helped to stimulate private reinvestment in structures within the district. B. Land Use Delray Beach is primarily a residential community. Land uses within the City should be balanced so that the commercial, recreational and public service needs of its residents can be conveniently provided within the community. The Community Redevelopment Area contains a concentration of the city's poorer, less mobile populations, who are very dependent upon convenient, commercial and recreational facilities within their neighborhoods. There is a potential for redevelopment efforts to eliminate some of these facilities in favor of higher cost development. Several of the area-wide and neighborhood plans that have been adopted within the CRA district reinforce the importance of attracting neighborhood businesses and services in close proximity to the residential areas. The CRA is committed to implementing those plans and the direction in order to ensure that adequate facilities remain available to meet the needs of area residents. This will be accomplished through incentive programs that encourage small business development, provide capital for job creation, and make funds available for renovating or expanding neighborhood businesses. The CRA is also making a substantial investment in street beautification and lighting to help attract customers to the redevelopment areas. At the same time, in order to strengthen the residential areas, the CRA is committed to implementing the projects outlined in many of the adopted neighborhood plans, such as street beautification, affordable housing programs, and traffic calming measures. C. Economic Development The city's survival as a governmental entity is dependent upon the generation of adequate tax revenues to meet the service needs of its residents. Projects that increase the overall marketability of the city as a commercial, recreational and residential area will ultimately increase the tax base. Slum and blight have a negative impact on the tax base of the city and are self- propagating. Although there is often a tendency to focus on individual redevelopment projects 32 at the expense of resolving underlying problems in order to set the stage for redevelopment, the existing and planned CRA projects and programs stress the importance of both. The success of this community redevelopment effort is largely dependent upon the economic vitality of the area. The CRA's programs aimed at the elimination of slum and blighted conditions and improving the standard of living of its residents are intended to be catalysts for the revitalization of the entire area. Additional projects and programs aimed at increasing job growth and generating pedestrian activity in the downtown complement the process by focusing on some of the underlying problems that originally resulted in slum and blighted conditions. The CRA is committed to promoting economic development activities through its business development and site improvement grants; job creation incentives; infrastructure incentives to support new private development; land assembly efforts which make larger sites available for redevelopment purposes; and support of Chamber of Commerce, Business Development Board and City economic development initiatives. D. Affordable Housing In today's economic climate, a major problem for local government is the provision of sufficient affordable housing to meet the needs of its current and projected population. In general, the housing delivery system is driven by the private sector, which is a market driven system. The South Florida area has become an increasingly popular destination and the strong demand for housing has driven prices significantly upward, so that every city in Palm Beach County is struggling with the affordability issue. While the market has softened in recent years, prices are still beyond the reach of many households. Pressure remains on government to ensure that there is an adequate supply of housing to serve people of limited means. Local government can have an effect on the housing delivery process in a number of ways, such as by maintaining an adequate supply of buildable land, providing incentives and density bonuses to builders who create affordable housing, participating in the costs of infrastructure, reducing impact and other fees, or by taking an active role through actual construction and sale of housing units. In conjunction with the adoption of the Downtown Master Plan the CRA examined the issue of housing affordability with a citizen's committee that was charged with researching possible alternatives and programs. The committee's priority recommendation to help mitigate the pressure on housing prices was the establishment of a Community Land Trust (CLT) which would keep the resale cost of units owned by the trust below market value. The CRA hired a consultant in CLTs to help establish one locally, and worked with the City, the Delray Beach Housing Authority, and community leaders to establish the Delray Beach Community Land Trust (DBCLT). The CRA provides operating funds to the DBCLT, and both the CRA and City have donated land to the program for new, long-term affordable housing. The CRA also worked with City staff and officials to create the Family Workforce Housing Ordinance, which provides density bonuses to developers who provide affordable housing. The CRA works closely with the Delray Beach Housing Authority which delivers affordable housing to households with Section 8 certificates as well as those under 50% of median income. The CRA is providing a $100,000 grant and $2.7 million loan to the Housing Authority's Village Square affordable housing community for families and seniors. In addition, the City of Delray Beach is a provider of affordable housing units through the successful implementation of the Neighborhood Stabilization Program (NSP). Under the administration of the Community Improvement Department/Neighborhood Services Division, NSP funds and CRA funds were used to acquire, rehabilitate, dispose of foreclosed homes and 33 homeownership assistance to qualified homebuyers/renters of very low-, low- and moderate income households. These properties were located within and spread throughout the Community Development Block Grant (CBDG) boundary. To date, the City has successfully acquired and rehabilitated a total of 26 units through NSP funding. The role of the CRA in this process has been and will continue to be one of active participation. Through programs that improve the overall area, provide financial opportunities to area residents to improve their living conditions, or by creating incentives for additional private investment in the area, the CRA has encouraged the improvement of existing housing throughout the district as well as the creation of new affordable units. E. Downtown Housing The survival of retail in the downtown is directly linked to the number of local consumers supporting the market. Downtown housing comes in different forms, single-family housing, town homes, apartments, and condominiums. Successfully renewed downtowns have the important element of housing, particularly housing for young professionals, young retirees, and downtown employees. These residents become strong supporters of local businesses and, in turn, local businesses are able to improve and expand their goods and services. In recent years the downtown has seen a surge in growth in downtown housing projects, which has begun to address the lack of this important downtown element. The CRA has supported changes in the City's Land Development Regulations which have encouraged the establishment of new residential housing in the CBD areas. In addition, downtown housing was a major component in two redevelopment projects that were part of CRA-issued RFPs: Worthing Place and Atlantic Grove. Continued growth in downtown housing will help ensure that a strong downtown providing varied products and services can be enjoyed by all of the residents of the City. These improvements will provide the stimulus and sustainability that the downtown needs to maintain its vitality. f k - 1 mnnpnniui ryllnll� 11116irlH11T11611�� 1 Atlantic Grove Town Square 34 F. Infrastructure The provision of support infrastructure and community services is primarily the responsibility of the City. However, the CRA has committed to funding part or all of several infrastructure projects that are called for in many of the adopted redevelopment and neighborhood plans. These improvements include modifications to the traffic circulation system, pedestrian safety enhancements, streetscape projects, and the provision of parking. Parking is an important infrastructure improvement that is a requirement for successful downtowns. Other infrastructure improvements may be used by the CRA as incentives to secure private sector redevelopment. G. Recreation and Cultural Facilities The CRA is involved in numerous projects that will expand and enhance recreation and cultural facilities in the district. The CRA facilitated the expansion of the Old School Square campus onto the parking lot that the agency previously owned, and participated in funding the construction of the parking garage to replace the spaces in the lot. The CRA also committed to funding some of the Delray Beach Center for the l I I i I .....II.. Arts at Old School Square's operational costs, in order to ensure that the facility can keep user fees low for nonprofits and community groups. The CRA has also committed substantial funding to establish the S.D. Spady Cultural Arts Museum (photo to the left), which focuses on the history of African Americans in South Florida. The CRA also provides ongoing administrative assistance to the museum to provide programs and exhibits that attract visitors to this redeveloping area of NW 51" Avenue. The CRA helped pay off debt service for the establishment of the tennis stadium at the downtown Tennis Center and provides sponsorship dollars. This facility has hosted major tournaments and generated a great deal of economic activity for downtown restaurants, shops, and hotels. The CRA also contributed funding for the establishment of the new public library in the 100 block of the south side of West Atlantic Avenue. The relocation of this facility to West Atlantic area has been a major catalyst to the redevelopment of the western edge of the downtown, as it attracts more people and activities to venture west of Swinton Avenue. The library is run by a nonprofit board and depends heavily on public funds and private donations. Reductions in property tax revenues led the City to cut back on its funding, and the library proposed significant reductions in operating hours and services to adjust to the shortfall. In order to ensure that the facility maintains its former level of activity the CRA agreed to provide the additional funding that is needed for ongoing operations. With CRA funding the library is able to open on Sundays, a time vital for young patrons to conduct research and study. The CRA has funded two new cultural facilities, the Arts Garage and the Arts Warehouse. The non-profit, Creative City Collaborative, receives funds from members, the CRA, and other foundations to operate a highly successful off-Broadway theatre and a music series, specializing in jazz and contemporary music and arts education programs. The CRA is having plans prepared to convert the 15,000 square feet Arts Warehouse to a visual arts and business incubator. The CRA is also working with the City on the provision of pocket parks and public plazas as called for in the Downtown Master Plan and the Southwest Neighborhood Plan. These 35 facilities, along with the planned recreational program identified the City's recreation master plan, will be adequate to meet the needs of area residents. III. Market Conditions and Development Potential Between 1990 ;;Pd 2000 and 2010, Palm Beach County experienced a growth rate of 21 104 16.7% with a net population increase of 260 188,943 people. In addition to the resident population of 1,131,194 1,320,134 people, an additional 123,725 143,837 people make Palm Beach County a seasonal destination. Delray Beach grew 27 204 0.83% from 1990 4e 2000 to 2010, adding only 502 residents to its population of permanent residents. to its rronLc to swell pact the 60,000 mark By 2005 2012, Delray's t4e population w;;'; ^'^';° t^ 65,000 surpassed the 61,000 mark to be 61,495 permanent residents. It is estimated that an additional X09 8,342 people call Delray Beach "home" seasonally. As the downtown continues with its physical improvements and business expansion programs, the district is expected to draw increasing numbers of visitors. The Palm -Rear--h Discover the Palm Beaches reported a 12% increase in the number of visitors to the area from 2011 to 2012. According to the TravelsAmerica Visitors Profile report released in August of 2013, 5.47 million people visited Palm Beach County in 2012 which exceeds the County's pre-recession total of 5.38 million. eY these years, them were ^.2 milli^p, „isi+„rs +„ the ,.,,,,r+„ The County's Business Development Board estimates that tourism in Palm Beach County employs roughly 45,000 residents and generates an overall annual economic impact of over $5 billion to the local economy. A large portion of this revenue, approximately $28 million, comes from a five percent (5%) tourism tax levied on overnight hotel visitors. East Delray Beach, (east of I-95) is expected to grow as older areas of the City of Delray Beach continue to be redeveloped. The "eastward ho" movement is also still alive and well as more and more of the downtown development is geared toward an urban setting with urban amenities. The live, work, play model has become increasingly popular, replacing the suburban model which is reflective of an earlier time. Delray Beach's community visioning processes of the 1980's and 1990's helped to encourage that trend to take hold in the downtown, and was further reinforced in the 2002 Downtown Delray Beach Master Plan. A. Office Potential The demand for office space is related to the creation of new businesses as well as to the desire among existing expanding businesses to "move-up" to newer or better office space. A market for large scale office space has been slow to develop within the CRA District, particularly the downtown area. A market does exist within the CRA district for smaller professional office space to serve legal, medical, financial, real estate, computer technology, and related businesses. Due in part to the large retirement population east of the Intracoastal Waterway demand for medical office space within the Community Redevelopment Area has been fairly strong. Similarly, there is also a demand for other professional office space including legal offices. Such users prefer smaller scale personalized and affordable buildings prevalent in mixed-use downtown areas. A number of historic residential structures in the OSSHAD and Del- Ida historic districts have been renovated and converted to office uses. The South County Courthouse is ^ irron+ly i 1RdeFgGiRg completed an expansion that l nearly doubled its size. The expansion may lead to a greater market for office space. This would lead to a greater market potential for legal office space, particularly in the West Atlantic Avenue area. 36 The CRA in 2010 instituted an incentive program to attract office users. The Agency funded a law firm in Pineapple Grove in 2011 and a high tech firm in 2013. The program will be essential to attracting additional office users. B. Hotel Development Potential Within the Community Redevelopment Area the largest hotel is the 250 room Marriott Hotel on the northwest corner of Atlantic Avenue and Ocean Boulevard. At present, the market for this hotel is balanced with business travelers and tourists. Other hotels in the area include the Seagate, Hyatt Place, Courtyards by Marriott, the historic Colony Hotel, Crane's Beach House, and the Sundy House, all of which account for a total of 600 hotel rooms. Redevelopment efforts within the downtown area, aimed at increasing the tourism potential, have resulted in a demand for additional hotel rooms. New hotels under construction or in the planning stages include the Seagate u.,+ol ,e,hi`+h is beiRg FeIGGated- from 4-1-4 4n C�c4 At1;;P t�TCPeR hue as well ass a p e�rvtei t8 hoc-ivcate� non-vFd44 4 A io n i c e n n P rn Pe Ft i G n i n ed by the GR4 �Rd Gity (kRA.,r AS t�n r,r„ cite} limited service hotel for the West Atlantic Avenue area, which will fly the Fairfield Inn flag. The hotel broke ground at the end of 2013 and is expected to be completed by the end of 2014. C. Industrial Development Potential When the City of Delray Beach was founded, a major means for the shipment of goods to and from northern markets was the railroad. Hence, the Central Business District of the City logically developed around the railroad line. The railroad is not; however, without its negative impacts (e.g. noise, & vibration), particularly on low intensity development. The City formed the CBD Industrial Area Committee in 1994 to evaluate the problem and recommend a solution. Data was collected for the area including land use, building areas, existing parking, and employment. Based upon the data and upon the characteristics of the area, the committee developed a new zoning district, entitled Central Business District-Railroad Corridor (CDB-RC). This district, established in 1995, more accurately defines the boundaries of the area, expands the list of permitted uses and includes several special regulations dealing with overhead garage doors and outside storage. It is noted that in recent years several residential projects were established in proximity to the railroad, replacing the former light industrial type uses. With new soundproofing technologies the noise from the trains is no longer a significant deterrent to people considering an apartment or condominium near the tracks. Another area of the CRA which has the potential for additional industrial development is the Interstate 95/SW 10th Street area. This area, located in the southwest corner of the Community Redevelopment Area, contains a mix of light industrial and commercial land uses together with a large cemetery and a single family residential neighborhood. It is important to note; however, that the proximity of the City's Series 20 Wellfield makes it imperative that development of this area be restricted to clean industries which are non-impacting on the wellfield. A third area in which industrial development may be a potential is the area on North Federal Highway bounded by NE 14th Street on the south, Dixie Highway on the west, Federal Highway on the east, and the City limit line shared with Boynton Beach on the north. The area, zoned General Commercial, was granted an overlay district in 1997 by the City Commission which allows light industrial uses if the user includes a showroom facing Federal Highway. 37 D. Residential Development Potential Key opportunities for housing development relate to the availability of vacant land parcels within the older residential neighborhood. Additional opportunities still exist for private development of both subsidized and non-subsidized infill housing. Changes in the Comprehensive Plan relating to density offer new residential housing opportunities in some of the City's more distressed neighborhoods. The Southwest Neighborhood Plan recommended a series of changes to the regulations to allow increased densities for affordable housing, most of which have been implemented. In addition to the need for housing to serve the needs of low-moderate income households, there is also an opportunity to attract younger upwardly mobile households within and adjacent to a revitalizing downtown area. The high occupancy rates of multi-family residential units in such locations as Coconut Grove, South Beach (Miami Beach), and Mizner Park, as well as the popularity of the Atlantic Grove project on West Atlantic Avenue and various town home projects on North and South Federal Highway, indicate that a segment of the market at a wide range of prices is attracted to residential environments that combine housing and commercial uses in a "village-like" ambiance. In 2013, with the improvement in the mortgage market for financing multi-family rental apartments, many builders planned to construct downtown rentals, many of which are built to "condominium" homeownership specifications, for possible future conversion. E. Retail Potential / Downtown Market Study In order to better assess the potential for commercial and residential growth in the downtown area, a market analysis was commissioned as part of the Downtown Plan. The study was conducted by Marketek, Inc. of Atlanta, Georgia. Marketek had prepared similar studies for the City's West Atlantic and Pineapple Grove districts in the mid-1990s. The Downtown Plan study included those areas, as well as the Central Core and the Beach Business districts. In 2005 the Downtown Development Authority contracted with H. Blount Hunter Research for a study (funded partly by the CRA) to refine the market analysis with the development of a retail strategy for the various "clusters" in the downtown. The following information is derived from those market studies. Delray Beach has drawn upon its artistic characteristics and charm to attract retail establishments offering a more "holistic" shopping experience. Customers are offered a charming shopping experience, unhurried, and un-hassled as they stroll the avenue seeking unique items for gifts or their own personal use. The market for luxury goods continues to be strong. Delray Beach retailers continue to be leaders in this segment of the market. Shoppers seeking specialty items reflecting either cutting edge trends or just old fashioned service find Delray popular as a stand-alone shopping region. Shoppers drawn to Delray Beach come from throughout the tri-county area seeking the city as a "destination" shopping area. A critical component of the continued economic revitalization of downtown Delray Beach is the creation of a unified district with complementary businesses that benefit from each other's sales, customers and markets. The primary vehicle for developing unified groups of stores and businesses is clustering — creating mutual advantages in terms of pedestrian flow and shared markets between businesses. Educating business owners, property owners and real estate professionals about the importance of using this management tool is critical. 38 Underlying a successful cluster plan for the study area are the assumptions that downtown will remain a mixed-use business district and that critical to its success will be increasing the number and variety of business types that will appeal to and attract target markets. First-floor space should be reserved for retail and related service businesses. Prime retail apace should be identified and reserved for restaurants, retail and related service businesses. Office and residential uses should be located in upper-level space or on side streets near retail corridors. Unique, specialty merchandise should be the focus of retail expansion for the downtown district. In particular, a range of merchandise that appeals to multiple customer markets (visitors, local residents and daytime workers) will have the greatest long-term viability. In the Downtown Delray Beach area has been defined into eight clusters. Redevelopment opportunities are identified for each of the eight clusters based on existing uses and attractions, identifiable linkages among existing businesses, potential pedestrian flow and business opportunities identified through the retail and residential market analysis. 39 illIIlllilil�l:== �I. .� � 111111u 0 IN■■1111�III � i�.. 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I :11111111 111111111111[ IIIIIIIIIIII 1111111111111111111111. ■11[nu IIIIII[Illli Illlllllllll 1111111111111111111111,X, :'� �liil■o11 .11111_ ' I■I■1111111[I ■ Ili 111111111111 111111111111 -� '.■' ::::: ;1111 1nun111111nnn1111” •••••nllnumn: .— liun1111u lnuunm �■■■■' IIIIIIIIIIII 111111111111 .I■■■■IIIIIIIIIIIII:_ �i�l Illlllllllt�ll 111111#1111111•:1111�i:111'll ■1111[■■Ililllllllllll► "1111111 illllllli ii� � �� '111111111::'ilnnlllu � 1 Cluster 1 - West Atlantic Community Cluster West Atlantic corridor from 1-95 to NW/SW 6t"Avenue, between NW and SW 1St Streets. Entering downtown Delray Beach from 1-95, Cluster 1 provides the first glimpses of downtown. Twenty years ago, the portion of West Atlantic Avenue within Cluster 1 was less developed and lacked appeal. Large tracts of vacant land, vacant buildings, unkempt storefronts, a four-lane road, inconsistent sidewalks, wide parking lanes and an unrelated mix of businesses inhibit the district's drawing power. Major businesses within this area include numerous beauty-related (barber, stylist, nails), auto-related (gas stations, body repair/paint), convenience stores, a meat market and a funeral home. Few West Atlantic residents interviewed for the Marketek study indicated that they regularly shop or conduct businesses at these establishments due to a lack of selection/quality of goods and services. As part of the West Atlantic Beautification project, NW 2nd through NW 12th Avenues were improved with widened paver brick sidewalks, landscape nodes and street lighting. As the primary gateway to Delray Beach, Cluster 1 offers visitors their first impression of downtown Delray Beach. It is crucial that this portion of West Atlantic Avenue be redeveloped to give visitors—especially those traveling along 1-95—a reason to enter downtown. A newly constructed "Gateway" +s ri 1FFeRtly beiRg de6igP;9d_ +h;+ 4.Ql welcomes visitors to the city and create a sense that there is a community or "village" ahead. New landscaping, lighting and sidewalks YA provide aesthetic appeal and reduces the emphasis on the automobile. The Gateway further establishes a good edge to the redevelopment efforts that have occurred on the eastern edge near Swinton Avenue. Apart from serving as an attractive gateway to downtown, Cluster 1 is ideally located to act as a community retail center with a mix of businesses that serve the needs of residents of neighborhoods to the north and south as well as other downtown residents. A variety of affordable goods and services targeted to residents as opposed to tourists are greatly needed in the area as well as entertainment options, especially for youths. The scale of new construction, fast moving traffic and displacement of existing businesses and residents are major concerns and should therefore be considered throughout the redevelopment process. Focusing on existing conditions and the expressed needs of the surrounding community, the retail strategy for Cluster 1 is summarized as follows: • Generate contemporary retail space with a mixed use development plan. • Focus on providing basic consumer goods and services for adjacent neighborhoods (i.e. small format grocery store, drugstore, bank). • Seek entrepreneurial services and retailers offering general merchandise targeting immediate neighborhoods. • Retain commercial corridor uses that are appropriate for this "gateway" location near 1-95, including hotels. On September 8, 2012 the West Atlantic Redevelopment Coalition (WARC) spearheaded a Needs Assessment Workshop for the West Atlantic Corridor and adjacent northwest and southwest neighborhoods. The workshop was well attended by a diverse crosssection of 75 participants which included elected officials, CRA staff, City staff, developers, business owners, community leaders and residents. Members broke into team sessions and discussed 41 issues and priority needs for future development of the area. The overwhelming consensus among the stakeholders is that the priority is to address the basic needs and services of the West Atlantic Community. Team responses were compiled to show the top four priority needs: • Supermarket/Grocery Store • Health/Wellness Facilities/Pharmacy • Bank/Financial Institution • Entertainment and Hospitality cluster (Theatre, Jazz Club, Restaurants) Cluster 2 - Transition Cluster West Atlantic corridor from NW 6" Avenue to Swinton Avenue. Cluster 2 is suitably named the "Transition Cluster" as development pushes westward from East Atlantic Avenue. West Atlantic Avenue, especially the area closest to Swinton Avenue, is the logical choice for expansion as space becomes increasingly scarce along East Atlantic Avenue. Access to 1-95 and multiple target markets (e.g., daytime government workers, nearby residents) make Cluster 2 ideal for redevelopment. Many of Delray Beach's institutional anchors are located in Cluster 2, including the fire station, police station, library, courthouse and City Hall, as well as the Tennis Center, which is one of the city's major recreational anchors. As in Cluster 1, this portion of West Atlantic Avenue is not a compact shopping district with businesses scattered along the Avenue separated by parking lots and vacant lots. Apart from institutional anchors, West Atlantic businesses between NW/SW 6t" Avenue and Swinton Avenue include national chains (Dunkin Donuts, Checkers), restaurants (Z+ree's, Cato deem n.,r-'s; 411 '4'MeFiGaR) offices and services. The construction of Atlantic Grove in 2004 (photo below) beteen NW 3rd Avenue and NW 5t" Avenue has helped to tie this cluster together. Atlantic Grove provides two solid blocks of first floor businesses that are a mix of restaurants, retail and service establishments accompanied by second floor professional space. The third floor loft residences and 55 townhomes at - - the rear provide a start at developing a downtown urban , s ; consumer base in this area. A mixed-use development on " the southwest corner of Swinton Avenue and West Atlantic ' r r� Avenue and the new public library adjacent to the courthouse between SW 1St and SW 2nd Avenue on West Atlantic Avenue help to tie East Atlantic and West Atlantic together. To the north of West Atlantic Avenue between NW 3rd Street and NW 5t" Street is the West Settlers District, the area within which many of the African American families who helped settle Delray Beach lived. The S.D. Spady Cultural Arts Museum, the former home of S.D. Spady who was one of Delray Beach's most prominent African American citizens, is located on NW 5t" Street. The West Settlers District has become the center of African American cultural heritage in Delray Beach. 42 As an area in transition, new development is already occurring within Cluster 2. However, infill space and marginal structures offer strong redevelopment opportunities. New residential and retail development, a growing awareness of the African American experience in Delray Beach and employees and visitors of institutional anchors make this area increasingly attractive to developers. Streetscape improvements, including paver brick sidewalks, street lighting and landscaping, and traffic calming measures have played and will continue to play a key role in transforming this area. The intersection of NW/SW 5th Avenue and West Atlantic Avenue is well located to act as the center of the West Atlantic community. The S.D. Spady Cultural Arts Museum, a new unique streetscape on NW/SW 51" Avenue, a-prepesed the newly constructed public plaza at West Atlantic Avenue and SW 51" and the Atlantic Grove project act together to create ideal conditions to spur new development and expand upon the community's cultural heritage theme. The CRA will fund a newly designed courtyard in front of the Fire Station in order to be more useable to pedestrians, forming a small urban park. The urban park was recommended in the Downtown Master Plan. Due to its proximity to employees (e.g., government), surrounding neighborhoods, visitors of recreational and institutional anchors and "spill over" customers from Cluster 4 (many of whom are tourists), Cluster 2 can attract multiple markets. The retail strategy for this cluster is as follows: • Continue adding services and food uses in mixed-use buildings to serve nearby residents, employees, and patrons of institutions in this cluster. • Anticipate additional demand for take-out food and casual cafes generated by office workers and patrons of nearby government buildings. Cluster 3 - Pineapple Grove Cluster Generally bounded by NW 1St Avenue on the west, the FEC Railroad on the east, NE 4t" Street on the north and the east/west alley just north of E. Atlantic Avenue on the south. Pineapple Grove is developing its own identity as an R , entertainment and cultural district, separate from Atlantic Avenue. The western portion of Cluster 3 (west �f of Pineapple Grove Way) has a strong residential character. Historic bungalows are scattered along the streets, some of which are being occupied as office e space. Located in the center of the cluster and running north/south, Pineapple Grove Way is the commercial center of the cluster with a mix of convenience goods/services, specialty stores, restaurants and cultural activities. Former strip centers with parking along the street have been redeveloped into new urban style mixed use projects with storefronts facing the sidewalk and surface or structured parking located to the rear. The new public parking garage at Pineapple Grove Way and NE 1s' Street provides ground floor commercial space along the streets and more than 500 public parking spaces. The Arts Garage occupies space on the ground floor of the garage and has been a great addition to night life for residents and visitors. In fact the Arts Garage is seeking to purchase the space from the City within the next several years in order to make it a permanent facility. Entering Pineapple Grove Way from East Atlantic Avenue, visitors are greeted with a sign arching over the street welcoming them to the community. Shortly beyond the welcome 43 sign is the Ocean City Lumber Company, a development with a mix of office, retail and entertainment uses located on the east side of the street. The Lumber Company complex is an exemplary development that not only offers a variety of merchandise types and services (e.g., restaurants, music, phetegraphin GeRter, art gallery, Meisner Electric Company) but green space incorporated into the project is available for community events. Architecturally the project builds on one of the community's most significant historic themes - the railroad, and has provided a temporary site for the former FEC railroad station North on Pineapple Grove Way is a mix of established and new businesses, including the new City P4,aee-Walk mixed use development, several restaurants, and a townhouse development under construction on the site of the former Publix Shopping Center. The retail strategy for Cluster 3 is described below: • Promote Pineapple Grove as a high profile destination. • Emphasize specialty boutiques and restaurants. • Emphasize the arts district character that is its own sub-cluster in the Grove. Create an arts walk throughout the district. • Emphasize the addition of new restaurants for locals. • Support the health and beauty sub-cluster in the district to complement the Downtown's women's apparel shops. • Emphasize a merchandising theme such as home/interior design. • Consider office uses on the ground floor of the new garage. • Create storefronts at strategic locations (corners, near building entrances, etc.) and .VIII w some RGR retail establish arts and entertainment uses on ground floor (,.e. ai the ReW garage) to aveid a I li i+ of margiRal retail space to encourage nightlife. • Encourage services on ground floor of mixed use buildings, as a convenience to residents. • Redevelop NE 3rd Street and the alley to the east in order to provide better access and character to the arts sub-district. Cluster 4- Entertainment Downtown Cluster Includes properties fronting on E. Atlantic Avenue from Swinton Avenue to NE/SE 5t" Avenue. Many of the businesses that contribute to Delray Beach's growing reputation as an entertainment center are concentrated in this cluster. In terms of density, aesthetics and quality of businesses, the transition from W. Atlantic Avenue to East Atlantic Ave. is immediate once crossing Swinton Ave where the road narrows to two lanes. The area is a walkable, compact shopping and entertainment district lined with sidewalk cafes, shops, service and office uses. The strong mix of retail and restaurants has created the winning formula for this area. Automobile traffic is congested throughout most of the year, intensified by the railroad crossing and drawbridge. The new parking garages surrounding this cluster should help alleviate this problem. The northwestern edge of this area is anchored by Old School Square, one of the community's most significant cultural resources. While several of the restaurants/cafes within Cluster 4 are oriented more toward tourists/seasonal residents and greater market area residents, rather than residents that „� live in the area immediately surrounding downtown, they have greatly contributed to the downtown's revitalization. Attracting casual lunch spots and specialty merchandise catering to multiple target groups (e.g.. tourists, year round/seasonal residents, downtown employees) would help promote daytime traffic in Cluster 4. The marketing strategy for this cluster is summarized as follows: • Define this zone as the downtown's "high priority urban retail zone" to trigger specific attract "comparison goods" retailers to this part of the downtown. Broaden the mix of uses with hard goods and apparel (jewelry, luggage, books, etc). • Continue the theme of art and galleries without adding new restaurants — consider an arts walk together with Pineapple Grove cluster in order to solidify Delray Beach as a cultured and sophisticated community • Emphasize the women's apparel sub-cluster in the district. • Restrict ground floor uses to dining and active retail — no office uses. Cluster 5—Osceola Park Cluster Generally bounded by the east/west alley south of E. Atlantic Avenue on the north, Swinton and SE 1St Avenues to the west, SE 4t" Street to the south, and the Intracoastal Waterway and SE 7t"Avenue to the east. Just south of Delray's most vibrant entertainment area, the Osceola Park Cluster is a mix of uses, with predominately office and retail uses in the northern half of the cluster and light industrial and residential uses in the southern half. Within the northern half of the cluster, commercial development from East Atlantic Avenue generally spills over at least to SE 2nd St. East of the railroad, the connection between East Atlantic Avenue and the area immediately to the south is stronger with a variety of retail and business services. The development of the Courtyards of Delray Beach, and—the pressed Worthing Place, and the proposed new apartment developments on SE 3rd and SE 4t" Avenues h;;,; f-P.1pd will fuel additional retail development in the surrounding area. As described earlier in this Plan, SOFA (South of Atlantic), an informally defined area lust north of Osceola Park, will change over the very near future as new rental apartment projects emerge and new retail on side street is created. The emergence of SOFA will over time have a very positive effect on the Osceola Park neighborhood. It would be expected that existing housing stock would be renovated and vacant lots in-filled with new structures. The influence of the Haitian American community in Cluster 5 is evidenced by a variety of Haitian owned or operated retail, service and community establishment. Cluster 5 has several infill opportunities, particularly along SE 1" Avenue and SE 6t" Ave., including the CRA and City-owned properties at the former location of the library. One of the greatest weaknesses of the cluster is that it is not pedestrian friendly, especially along the one-way Federal Highway pairs. Also, the area surrounding the railroad is currently underutilized and visually distracting, although some new mixed use developments have recently been proposed and/or constructed in these areas. Residential development is ideally suited for much of the area two blocks south of East Atlantic Avenue. Positioned next to proposed shopping and entertainment uses, residents could easily walk to restaurants, stores, nightclubs, cultural activities, the Intracoastal and the beach. Retail and service uses that are related to businesses along East Atlantic Ave will help pull shoppers southward as well as serve residents of new housing in the area. 45 Vacant land next to the railroad on SE 3rd Avenue is highly visible and she,Od is planned to be redeveloped. In the southern portion of the cluster, which is more removed from Atlantic Avenue, recruitment efforts should focus on attracting stores that will act as "destination businesses," particularly along the Federal Highway pairs and should focus on building upon businesses already in the area. The retail strategy for this cluster includes: • Capitalize on the opportunity to redevelop the former library site with a mixed use development that includes retail and additional public parking. • Top retail use categories are women's and men's apparel, shoes, children's clothes and jewelry. • Professional office and residential uses. • Seek an entertainment venue such as cinemas or live music venues. Cluster 6—West of the Intracoastal Cluster Includes properties fronting on E. Atlantic Avenue from NE/SE 5t" Avenue to the Intracoastal Waterway. Moving eastward on East Atlantic Avenue from NE/SE 51" Avenue to the Intracoastal Waterway, pedestrian orientation weakens as East Atlantic Avenue opens back up to four lanes and buildings are predominately one story and, in some cases, set back from the street. One of the community's historic landmarks, the Colony Hotel (photo below), is located between the Federal Highway pairs and offers nighttime entertainment on its porch. Between NE/SE 6t" and 7t" Avenue there is a mix of businesses including a gasoline station, restaurants, specialty shops and several office/service uses. Office uses along the southwest portion of this block detract from its strength as a retail location. East of 7t" Avenue is Atlantic Plaza, a shopping center with a parking lot fronting on Atlantic Avenue. This plaza has significant potential for redevelopment as a mixed use project, with views of Veteran's Park and the Intracoastal Waterway r,t Recently the City approved the site plan for a new development, "Atlantic Crossing which would encompass the existing Atlantic Plaza, the former Washington Mutual building, the former gas station on the corner at Federal and part of the office complex, Carole Financial Building combining a total of 8.5 acres. The project calls for approximately 38,000 square feet of retail, 40,000 square feet of restaurant, 84,000 square feet of office, 263 new residential rental apartments and 80 for-sale condominiums. The project will greatly assist in eliminating the pedestrian void between the Intracoastal Waterway and Federal Highway. The portion of East Atlantic Avenue between 51" Avenue and the Intracoastal is ideally suited to attract tourists, particularly as it is located between the Marriott and Colony Hotel. 46 However, unlike the Entertainment Cluster to the west, Cluster 6 should be geared toward specialty retail that will appeal to tourists and local residents. The strategy for this area is summarized as follows: • This should be the heart of the "high priority urban retail zone" – the place to establish a critical mass of apparel retailing. Continue emphasis on retailing as opposed to restaurants—add up to 20,000 sq. ft. of apparel/shoes to create a destination node. • Restrict ground floor uses to dining and active retailing. • Re-organize or redevelop the Atlantic Plaza site to support comparison goods merchandising strategy. • Include the gas station at Atlantic Avenue and 6t" Avenue in a redevelopment opportunity. • Redesign the pedestrian experience between the intracoastal waterway and Federal Highway. Cluster 7– North Federal Highway Cluster Bounded by the FEC Railroad on the west, NE 4t" and 5t" Streets on the north, the north/south alley between NE 6t" and 71" Avenues on the east, and the east/west alley north of Atlantic Avenue on the south. Each day thousands of motorists travel within this cluster on the Federal Highway pairs. Similar to the area immediately to the south (Osceola Park), fast moving traffic along wide one- way roads with an absence of on-street parking strongly discourages pedestrian traffic. The high proportion of office uses just off East Atlantic Avenue discourages shoppers from the area. Therefore the few retail businesses in the area are less likely to attract shoppers from E. Atlantic Avenue. New residential development will encourage development throughout the area. The Federal Highway pairs present a strong opportunity for new development. There are several vacancies and infill opportunities. Office uses should be limited to upper story space or in areas other than in the retail core. In addition to office space, business support services such as printing services, graphic services and office supplies would be ideally located for Cluster 7. Retail and service establishments should appeal to employees and residents living in newly developed downtown housing. The narrowing of the Federal Highway pairs and providing on-street parking is G61FFeRtly beiRg ` GR6ideFP l as in the construction phase. It wed will create a more livable and pedestrian friendly environment. The following strategy applies to Cluster 7: • Concentrate on neighborhood retailing and services as well as auto-oriented uses. Encourage larger-scale retail uses. • Continue transportation planning/traffic calming program. Recognize the role of this highway as an important gateway to the downtown. • Encourage new development along the corridor that emphasizes retail on the ground floor and office or residential on the upper floors. 47 Cluster 8— Beachside Cluster Includes area zoned CBD east of the Intracoastal Waterway to the Ocean Boulevard (S.R. A-1- A). While there are office and residential uses in this cluster, retail and restaurant uses along East Atlantic Avenue between the Intracoastal Waterway and the ocean, as well as the restaurants, hotels and shops along A-1-A cater largely to the tourist market. The area includes some older shopping center style developments that are set back from the street and have difficulty being accessed by pedestrians. One of those centers is currently being redeveloped as a new hotel. The Beachside Cluster's oceanfront location makes it one of the most popular areas of downtown. There are several businesses that appeal to both tourists and local markets. More of the same should be encouraged. Office uses, particularly at street level, should be discouraged. In addition, efforts should be made to alert traffic on A1A that they have arrived in downtown Delray Beach. The retail strategy for this area includes: • Add additional retail with cross-over appeal among tourists and local residents. Consider a theme of outdoor sports retailing. • Take steps to enhance the pedestrian character of this cluster and its connectivity to Cluster 6. • Limit the proliferation of"beach convenience shops" and ground floor office uses. • Enhance the appearance of Atlantic Avenue with wider sidewalks and additional trees in a median. IV. Neighborhood Impacts of Redevelopment Efforts The following section describes the potential impacts of redevelopment efforts on the residential neighborhoods of the Community Redevelopment Area and surrounding areas. While neighborhood impacts have been considered for the specific redevelopment actions recommended in this Plan, it should be noted that some of these projects are in the early stages of planning. Therefore, some impacts resulting from their implementation may as yet be undetermined. As these projects become more clearly defined, and additional impacts are identified, this section of the Plan will be amended. Other actions described in the Plan for subsequent years are subject to further refinement and elaboration in the intervening period and are consequently not included in the consideration of short range impacts. A. Relocation of Displaced Residents and Businesses Residential relocations are contemplated by this plan in connection with certain projects. In the event that existing or future CRA lead agency projects do require the relocation of residents, a relocation plan will be submitted as a component of the project package prior to official action on the project. It is also important to note that through the combined efforts of the Community Redevelopment Agency, the City, and the private development community, the neighborhood housing stock will be expanded and thereby provide opportunities for the relocation of residents elsewhere in the neighborhood. 48 The displacement of some existing businesses is contemplated with the majority of the planned redevelopment projects of the CRA. During the planning phase of each redevelopment project, the relocation and assistance of displaced businesses will be considered. The CRA will endeavor to relocate businesses into the redevelopment project, if possible, provide grants for relocation, or other programs to help businesses relocate within the district. To protect the residents within the Community Redevelopment Area, the CRA shall formally adopt a relocation policy containing procedures for relocation. When required by redevelopment actions, the relocation of residents within the Community Redevelopment Area will follow these procedures. Expenses and financial assistance required by these procedures shall become the responsibility of the Community Redevelopment Agency. Residential Relocation Policy: Each Redevelopment Program adopted by the CRA which shall cause the temporary or permanent displacement of persons from housing facilities within the Community Redevelopment Area will contain an element and provision for the providing or replacement housing for such persons in decent, safe and sanitary dwelling accommodations within their means and without undue hardships to such families, which such relocation assistance shall include but not be limited to the following methods: • All affected residents will receive a timely written notice of the CRA's intent to acquire their property. • The CRA will identify reasonable alternative housing opportunities for such displaced family which shall be reasonably comparable to the property being taken in size, price, rent and quality. • The CRA may provide moving expenses in a reasonable amount for each displaced family. • The CRA may elect to provide subsidies to displaced families in cases where suitable replacement housing, reasonably equivalent to the property being taken, is not available in order to make other replacement housing available within the displaced family's means. • The CRA may permit a former owner or tenant to occupy the property after acquisition for a period of time either with or without rent and any such rent charge shall not exceed the fair market rent for such occupancy; the fair market rent should comply with rent specified under Federal Regulations that are used in the Rent Subsidy Programs. • The CRA will endeavor to participate with the City of Delray Beach and the Delray Beach Housing Authority to provide priority assistance to eligible displaced persons under the Section-8 Rent Subsidy Program and Public Housing Occupancy, as well as other programs available through the City. B. Traffic Circulation The major redevelopment projects contained within this plan are generally adjacent to major transportation corridors and are not anticipated to degrade traffic circulation within the residential areas of the Community Redevelopment Area. One of the reasons why traffic circulation works well in the CRA district, and particularly within the downtown area, is the 49 existence of a comprehensive "grid" or network of streets. During the development of the Downtown Master Plan this grid was analyzed by the planning team under the direction of the Treasure Coast Regional Planning Council. The planners compared a two-square mile area around Atlantic Avenue east of 1-95 with a two-square mile area west of 1-95. They found that the grid system in the eastern area provides 66 travel lanes for vehicles to use, while the same sized area on the west side provides only 18 lanes for vehicular traffic. Thus, drivers in the east have many more choices of roads to use when moving throughout the area, instead of all of the cars being funneled onto two or three main roads. Another factor in the accommodation of traffic throughout the downtown has been the change in land uses that have occurred in recent years. The transition of uses along the Federal Highway pairs and the FEC corridor from commercial to residential or mixed use has had the effect of reducing potential trip generation. Projects that are designed to improve traffic circulation include the conversion of NE/SE 1s' Streets from one-way to two-way traffic, paving of alleys within the neighborhoods, and the establishment of conveniently located parking facilities that encourage people to park and walk to their destination. Traffic calming and traffic connectivity are encouraged in the development process as more emphasis is placed upon the safety and comfort of pedestrians. The continued development and redevelopment of the compact downtown core will continue to encourage alternate means of transportation, such as the trolley and private multi-modal transit, particularly where employment and housing are within walking distance of each other. A major component of the redevelopment effort has been the provision of housing units within the downtown area where residents are able to walk or bicycle to shopping or to work. The establishment of mixed use projects outside of the downtown is also aimed at increasing economic vitality through the addition of employment or shopping opportunities. The close proximity of residential development to these projects will, as in the downtown, create opportunities for residents to walk or bicycle to work. Completion of sidewalk and alley network will assist in this endeavor. In early 1995, the Florida Department of Transportation agreed to assist Delray Beach to establish a "Transportation Concurrency Exception Area (TCEA)". The TCEA includes the downtown area from 1-95 to A-1-A. Establishment of this TCEA exempts new development and redevelopment in the area from being subject to the County's traffic concurrency requirements. This was an important tool for facilitating redevelopment, as there is little or no opportunity in the downtown to widen roads to accommodate increases in traffic. Although implementation of individual redevelopment projects may still require certain improvements or modifications to the existing roadway network, these localized impacts will be reviewed when specific project designs are undertaken. It is also recommended that architectural and site-specific design solutions be considered to mitigate potential traffic and parking impacts of specific projects on adjacent residential neighborhoods. C. Environmental Quality The redevelopment actions proposed in the Plan are intended to improve the environmental quality within the Redevelopment Area. Some of the projects that the CRA has undertaken or will undertake in the coming years involve sites that have environmental issues such as polluted groundwater. In 2006 the CRA purchased property at 805 West Atlantic Avenue that included a gas station and small store. The underground tanks had been removed and clean-up equipment 50 was in place to clear ground water contamination located under the site and adjacent rights-of- way. The clean-up is being handled through a state funded program, and the CRA is working with the contractor to ensure its successful completion. Since acquiring the property, the buildings on the site have been demolished and a fence has been erected to secure the site and conceal the equipment. The Carver Square project involves the site of a former dumping ground, over which single family homes had been constructed in the 1970's and 1980's. Those homes began to experience severe structural damage due to the deterioration of organic materials buried on the site. The CRA worked with private contractors, the Department of Environmental Protection and the homeowners to have tests conducted of the soil and prepare a plan for relocating the residents. Over a period of approximately two years the CRA acquired 19 of the 20 affected lots (the City owned the remaining lot) and provided financial assistance for the relocation of twelve households (eight of the lots were vacant). The structures have been demolished and the soil remediation plan is underway under Florida's Brownfield Program to stabilize the sub-surface conditions and prepare the site for new affordable single family homes. Other projects funded and implemented by the CRA involve the elimination of substandard building and housing conditions that affect the physical environment of the district. The CRA has purchased numerous blighted or unsafe structures over the years for demolition or rehabilitation. The CRA also provides funding through its grant programs as an incentive to private property owners to upgrade structures and improve housing conditions. D. Availability of Community Facilities and Services Since the Community Redevelopment Area contains the oldest sections of the City, it has the availability of the full range of community services and facilities associated with urbanized areas. The City of Delray Beach has expended considerable funds on infrastructure improvements and beautification efforts. Additionally, in the 1990's the City has spent over 21 million dollars on public improvements through its Decade of Excellence bond program. The majority of the improvements funded by the bond are located within the Community Redevelopment Area and include several major drainage projects and the main Fire Station Headquarters. In 2004, the City of Delray Beach passed a Parks and Recreation Bond which focused on the acquisition of land for three new parks and the installation of a soccer complex to be built on the existing Atlantic High School site. Funding from the 2004 bonds has also been used to assist with the Old School Square expansion and the construction of a parking garage on that site. Community facilities within the Community Redevelopment Area include Worthing Park, The Delray Beach Center for the Arts at Old school Square Complex, Old School Square Park, Spady Museum Complex, Delray Beach Historical Society, Libby Wesley Plaza, Veteran's Park, City Neighborhood Resource Center, Delray Beach Tennis Center, Delray Beach Public Library, South Palm Beach County Courthouse, City Hall Complex, Pompey Park, Merritt Park, Catherine strong Center, Curri Commons Park, Delray Beach Teen Center, Seacrest Soccer Complex/Hilltopper Stadium, Federspiel Parking Garage, and numerous parking lots and pocket parks scattered throughout the district. 51 E. Effect on School Population With the relocation of the old Atlantic High School, at the present time there are four public schools within the Community Redevelopment Area and one school, Pine Grove Elementary, on the fringe of the CRA boundary. Previous versions of the CRA Plan also included information on the Delray Full Service Center, which serviced a significant student population as an alternative school. That facility is now used primarily for adult education classes and has been eliminated from the list of public schools within the CRA District. The Village Academy opened in the Fall of 2000 with grades K-2, adding grades each year until they reach the 12th grade. Carver Middle School was renamed the Delray Full Service Center, which is an alternative school. This school site also houses a head start program and other community classes such as adult literacy programs, etc. O,issFss+a.As are 6IRdep,yay regarding—the PE)tent a', -eIQSi„g of In 2010 the School Board closed the existing Plumosa Elementary school on NE 3rd Avenue and opened the new Plumosa School of the Arts at the old Atlantic High School site with grades , `^'hi^h WG 1d be r°nia^°d h., ° K_g mat ^g^ld h° '^^°ted Ap t#e-SFte Af t#;1 Aid UARt+s Hig„ SGhc)G�.—The former Plumosa Elementary school is Palm Beach County administrative space. School population in the County has decreased recently, and the population in all schools in the CRA district is below capacity. The residential development programs identified within the Community Redevelopment Plan are not expected to significantly affect school populations. Information on permanent capacity and current student population is provided in the following table: TABLE 3.1: PUBLIC SCHOOLS School Name Permanent Capacity 7nn�w 2012/2013 Students S. D. Spady Elementary School 697 56-9-556 Plumosa ;y School of the Arts 733 37-7-570 Pine Grove Elementary School (adjacent to CRA District) 674 4-44461 Village Academy 882 647-788 Toussaint L'Overture School of the Arts &Social 300 235 Justice — — Totals 2,934 2,986 2,027-2,375 Source: Palm Beach County School Board V. Relationship to the City's Comprehensive Plan Florida Statutes require that the Community Redevelopment Plan be consistent with the City's Comprehensive Plan. In order to remain current in the fast-paced, highly volatile economy of South Florida, the Community Redevelopment Plan is amended when programs are changed or as new programs and projects that were not included in the original plan are 52 proposed. To maintain consistency with the City's Plan a two-tiered approach is used during the amendment process. The first step in the process is an administrative determination by the City Manager, or his designee, as to whether the proposed amendment is procedural/technical (e.g. changes to dates, amounts of project funding, updates, etc.) or substantive, (adoption of a new program). Under the former determination, the amendment would go directly to the City Commission with the staff finding. Under the latter, the amendment would first be reviewed by the LPA (P&Z Board) for determination of consistency with the City's Comprehensive Plan and then forwarded to the City Commission with recommendations. Since amendments to the City's Comprehensive Plan require a time consuming process and are allowed only twice a year except in cases of emergency, the Community Redevelopment Plan will not typically be completely assimilated into the Comprehensive Plan. Those portions of the CRA Plan and subsequent amendments which involve only the resources of the CRA will not be included within the City's Comprehensive Plan. However, whenever significant City Participation is a part of a CRA project and such participation has not been addressed in the Comprehensive Plan, it may be necessary to process a Comprehensive Plan Amendment prior to action by the City. Generally, it will be necessary to amend the Comprehensive Plan in order to accommodate the following: • Those portions of the CRA Plan which would otherwise be in conflict or inconsistent with the Comprehensive Plan as it is now written; • To provide City financing, or financial assistance, to projects identified in the CRA Plan which are not already in the Comprehensive Plan; and • To reassess and modify existing policies in the Land Use Element calling for joint CRA/City participation. It is anticipated that implementation of some of the Community Redevelopment Agency's programs will require City financing or financial assistance. Redevelopment projects which are dependent upon changes in zoning, land use designations, or amendments to the Land Development Regulations may be delayed until the City can make the required changes. 53 PART FOUR: THE REDEVELOPMENT PROGRAM I. Redevelopment Strategies When considering redevelopment strategies it is important to note that the CRA cannot possibly fund the immense task of redevelopment on its own. It must therefore structure its programs to act as catalysts for redevelopment efforts by individual residents and businesses within the CRA and to leverage investment by private enterprise. With limited resources available for redevelopment efforts, the Agency must be careful not to spread itself too thin by attempting to do too much at once. Innovative programming on the part of the Agency is necessary to maximize benefits from expenditures. Since the implementation of a few strategically placed well-funded programs may have a much greater impact on the overall area than many inadequately funded ones, programs must be evaluated in the context of the agency's overall goals, and implemented accordingly. The following are brief, generalized descriptions of the redevelopment strategies for the various sub-areas within the CRA district. Most of these strategies are articulated in greater detail in individual redevelopment or neighborhood plans such as the West Atlantic Avenue Redevelopment Plan, Downtown Delray Beach Master Plan, Southwest Area Neighborhood Redevelopment Plan, Osceola Park Redevelopment Plan, and Pineapple Grove Neighborhood Plan. The following section (Section II) describes the various projects and programs that have been created to implement those strategies. Table 4.1 lists the geographic sub-areas and the corresponding projects and programs. A. Sub Area 1: "The Beach District" The redevelopment strategy for this area is to promote infill development that follows traditional downtown patterns, with the storefronts close to the street and parking at the rear of the buildings. Street improvements are planned to enhance pedestrian safety in the commercial area along A-1-A, and also along East Atlantic Avenue. Additional parking will be provided through private/public partnerships. The Clean and Safe program funded in part by the CRA will continue to maintain the high quality maintenance needed for the tourist area. B. Sub-Area 2: "The Central Core" The redevelopment strategy for this area is to have it evolve from an upscale leisure area that depends on tourists and outsiders for its survival to a traditional, self-sufficient downtown. This Sub-Area includes the area known as SOFA (South of Atlantic) and the Pineapple Grove arts district. Efforts will be made to provide for a sustainable mix of office, entertainment, dining, residential, and shopping uses. Modifications to the transportation system will improve circulation in and around the downtown, and enhance pedestrian safety. Centralized parking structures will replace many of the surface parking lots, and existing spaces will be better utilized through shared parking arrangements. Expansions and enhancements of the public spaces at the Delray Beach Center for the Arts 1 Veteran's Park , Gladiola (SE 6t" Avenue) public parking lot are planned. Restoration and preservation of historic structures will be promoted and encouraged in the Old School Square Historic Arts District and the Marina Historic District. The arts cluster will be emphasized in the Pineapple Grove area. 54 C. Sub-Area 3: "The West Atlantic Avenue Corridor" The redevelopment strategy for this area shall be to create a positive visual impact and emphasize its importance as the entrance to the downtown, and to encourage development that is supportive of and compatible with adjacent neighborhoods. Redevelopment projects shall provide a mix of uses (residential and commercial), with an emphasis on neighborhood-serving businesses. A mix of housing types and affordability ranges is encouraged. Strategies such as a community land trust and density bonuses shall he -sea continue to provide for affordable housing. Enhancements will be made to West Atlantic and the major side streets in order to beautify the corridors, provide parking, and highlight the culture and history of the area. Assistance will be provided to promote the development of small businesses and those that are locally owned. A microenterprise loan program will be instituted to assist in creating small local businesses to occupy retail and office space on West Atlantic Avenue. D. Sub-Area 4: "Northwest Neighborhood" The northwest neighborhood shall be stabilized through preservation of the West Settlers District, construction of infill single family housing on vacant lots, the provision of pocket parks, and streetscape beautification/enhancements, especially as they relate to Martin Luther King, Jr. Drive and the Cultural Loop. E. Sub-Area 5: "North Federal Highway" The redevelopment strategy for this area shall be as provided in the North Federal Highway Redevelopment Plan. New development along the commercial corridor shall be required to be closer to the street in conformance with traditional urban planning principals. Improved traffic circulation will be provided through the creation of additional connections between Dixie and Federal Highways. The adjacent neighborhoods shall be stabilized through beautification projects and traffic calming where warranted. F. Sub-Area 6: "Northeast Neighborhood" The redevelopment strategy for this area shall be to stabilize the neighborhood through the strategies described in the Seacrest/Del Ida Neighborhood Plan. Improvements outlined in the plan include traffic calming, landscaping, lighting, promotion of homeownership through the duplex conversion program, and provision of off-street parking. G. Sub-Area 7: "Osceola Park" The redevelopment strategy for this area shall be consistent with the Osceola Park Neighborhood Plan. The strategies outlined in the plan include revitalization and rehabilitation of the commercial/industrial uses along the railroad corridor; and, stabilization of the residential neighborhood through beautification and traffic calming. H. Sub-Area 8: "Southwest Neighborhood" Development in the southwest area shall be consistent with the Southwest Area Neighborhood Redevelopment Plan, with a particular emphasis on the preservation and creation of affordable housing, elimination or rehabilitation of substandard housing, infrastructure upgrades, and the provision of recreational facilities and pocket parks as well as the establishment of an employment training facility. 55 TABLE 4.1: CRA PROGRAMS AND PROJECTS BY SUB-AREA Sub Area Programs/Projects 1.2 Downtown Master Plan 3.7 Grant Administration Program Sub-Area 1: 3.2 Site Assistance Program The Beach 3.3 Community Activities Sponsorship 3.9 Clean and Safe Program District 3.4 Downtown Transit System 3.10 eDelray Beach 3.6 Historic Fagade Easement Program Marketing Cooperative 1.2 Downtown Master Plan 3.4 Downtown Transit System 1.7 Pineapple Grove Neighborhood Plan 3.6 Historic Fagade Easement Sub-Area 2: 2.2 FEC Railroad Station Program The Central 2.3 Old School Square Expansion 3.7 Grant Administration Program Core 2.5 Old School Square (Operational Support) 3.9 Clean and Safe Program 3.2 Site Assistance Program 3.10 Delray Beach 3.3 Community Activities Sponsorship Marketing Cooperative 1.1 West Atlantic Redevelopment Plan 3.2 Site Assistance Program 1.2 Downtown Master Plan 3.3 Community Activities 2.1 NW/SW 5t"Avenue Sponsorship Sub- Area 3: 2.4 South County Courthouse/Delray Beach 3.4 Downtown Transit System West Atlantic Library (Operational Support) 3.6 Historic Fagade Easement Avenue Corridor 2.6 Block 28/36 (Atlantic Grove) Program 2.7 Block 60 Redevelopment 3.7 Grant Administration Program 2.9 West Settlers District/Spady Museum 3.9 Clean and Safe Program (Operational Support) 3.10 Delray Beach 2.10 Workforce/Affordable Housing Marketing Cooperative 1.3 Southwest Neighborhood Plan Sub-Area 4: 2.9 West Settlers District 3.2 Site Assistance Program Northwest 2.10 Workforce/Affordable Housing 3.3 Community Activities Neighborhood 3.1 Curb Appeal Residential Improvement Sponsorship Program Sub-Area 5: 1.4 North Federal Highway Plan 3.6 Historic Fagade Easement North Federal 2.8 George Bush Blvd./Dixie Hwy. Program Highway 3.2 Site Assistance Program 3.7 Grant Administration Program 3.3 Community Activities Sponsorship Sub-Area 6: 1.5 Seacrest/Del Ida Neighborhood Plan 3.6 Historic Fagade Easement Northeast 3.2 Site Assistance Program Neighborhood 3.3 Community Activities Sponsorship 3.7 Grant Administration Program 3.6 Historic Fagade Easement Sub-Area 7: 1.6 Osceola Park Neighborhood Plan Program Osceola Park 3.2 Site Assistance Program 3.7 Grant Administration Program 3.3 Community Activities Sponsorship 3.10 Delray Beach Marketing Cooperative 2.08 Carver Estates/Auburn Trace 3.3 Community Activities Sub-Area 8: 2.10 Workforce/Affordable Housing Sponsorship 2.11 Carver Square Southwest 3.6 Historic Facade Easement Neighborhood 3.1 Curb Appeal Residential Improvement Program Program 3.7 Grant Administration Program 3.2 Site Assistance Program 56 II. Community Redevelopment Agency Projects and Programs The projects and programs of the Community Redevelopment Agency are designed to solve underlying problems which have a blighting influence on the Community Redevelopment Area, satisfy basic needs of the populace or take advantage of opportunities for economic, social or aesthetic improvement. Overall redevelopment strategies of both the CRA and the City are embodied within these projects and programs undertaken by the CRA. This portion of the Plan is the heart of the Community Redevelopment Program. The following sections provide a detailed description of all current and proposed projects and programs for which funding is provided, or will be provided, by the Community Redevelopment Agency. For organizational purposes, these projects and programs have been divided into three groups. This organizational structure is not, however, meant to be mutually exclusive, since many projects contain components which fit into more than one category. Group "1": Area-wide and Neighborhood Plans, include the preparation and implementation of area-wide redevelopment plans and neighborhood plans that were produced following a comprehensive, collaborative process. Generally these plans are completed following months of design workshops and community meetings, after which plans are adopted by the City Commission through a formal process. Group "2": Redevelopment Projects include projects created and/or funded by the CRA to address specific areas. For instance, a street beautification project or the redevelopment of a particular property or group of properties would fall under this classification. Group "3": Community Improvement Programs include ongoing grant and subsidy programs that promote CRA objectives such as small business development, property upgrades, affordable housing, downtown maintenance and safety activities, etc. The descriptions that follow include the likely project participants, funding sources, and completion schedules. These are estimated based upon the information that is available at the time of the adoption of the plan. The information is included primarily for planning purposes, and may change as the project or plan proceeds. # 1.1: West Atlantic Avenue Redevelopment Plan (For associated maps, see Appendix "D"Maps A.1 through A.6) Background The West Atlantic Avenue Redevelopment Area extends along the West Atlantic Avenue Corridor, between NW and SW 1st Streets. Due to its location and land use pattern, this area has considerable potential for mixed-use development. A redevelopment strategy for the area was initially presented to the public in 1988, which outlined substantial demolition and would have required the relocation of a large number of displaced residents and businesses. This plan met with considerable public opposition and was abandoned. In 1993, the CRA organized the first phase of a community planning effort by inviting numerous community members to a series of organizational meetings to discuss the concept of developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by professional planners, resulted in the organization of a larger community based Steering Committee of over 50 people. The initial charge of this Steering Committee was to develop a process and strategy for the planning effort. The Steering Committee participants referred to themselves as stakeholders in the resulting process which was termed "Visions West Atlantic". "Visions West Atlantic" was a forum for a series of community meetings held over a two-year period that ultimately produced recommendations concerning redevelopment 57 issues for West Atlantic Avenue. These recommendations form the backbone of the West Atlantic Redevelopment Plan, which was adopted by the City in 1995. VISIONS WEST NfLANfiC 2f11L3 � +�h 5• .. K w � _ r L7 The community "visions meetings" recognized that the need to facilitate the redevelopment of West Atlantic Avenue could not stop with completion of the plan. After a series of discussions, the group established the need for oversight and a project manager to implement the plan. The West Atlantic Redevelopment Coalition (WARC) is a nonprofit organization that was created to advise the CRA and City on redevelopment issues in the area. A staff position was created to facilitate the monthly WARC meetings, act as a liaison between WARC and the CRA/City and focus on the implementation of objectives and strategies in the plan. In 1997, the CRA amended the Plan by incorporating market research and by analyzing, in general, the redevelopment opportunities of each block in the area. The second amendment was adopted by the CRA and City in 2000. Also in 2000, the City and the CRA applied for a grant to the MacArthur Foundation to fund another community planning exercise, the Downtown Master Plan. The geographic areas covered by the downtown plan included the commercial districts along the Atlantic Avenue corridor from the beach to I-95. The plan, which was adopted in 2002, incorporates the provisions of the West Atlantic Avenue Redevelopment Plan and includes a marketing strategy for the corridor. Although opportunities exist for private redevelopment of existing structures and vacant property along West Atlantic Avenue, it has been difficult for the private sector to initiate such efforts without public assistance with land assemblage and business development. Rapidly rising property values has led to speculative investments, and has in some cases stalled redevelopment activity as investors hold onto blighted properties for the maximum return. This program represents the CRA's intent to continue the elimination of slum and blight in the area and facilitate successful redevelopment projects. Project Objectives • Eliminate blighted conditions along West Atlantic Avenue and adjacent side streets. • Encourage economic growth, redevelopment and minority business development. • Increase job opportunities within the West Atlantic redevelopment area and surrounding neighborhoods. • Promotion of businesses which serve the neighborhood residents. 58 • Acquire land in order to aggregate sites sufficiently large enough to encourage redevelopment. • Development of programs, events, and projects which attract new consumers to the Avenue. • Create safer conditions for consumers, residents, and businesses. • Beautify the West Atlantic Avenue corridor. Project Description • A major component of the program shall be site acquisition, assembly and resale for redevelopment; the CRA may also acquire property for construction of centralized parking facilities to service the surrounding areas; the parking lots constructed under this program may be municipal lots entirely for public use, may be sold or leased to private entities or may be a combination of both; Appendix "D" contains the Land Acquisition Maps for the overall area, and maps of specific blocks that were identified as priorities for redevelopment purposes. • The CRA may also utilize property exchanges and equity partnerships to assemble larger parcels of land for redevelopment purposes. • In the relocation of homeowners or renters, the CRA may utilize the affordable housing program described in Part Three, Section 2-D of this plan. • The CRA will provide financial assistance through its various programs to encourage business development and job creation. • The CRA will work with the Downtown Development Authority, setewn—Delray Beach Marketing Cooperative rfeFR;erly jGiRt Ventere� West Atlantic Redevelopment Coalition, [Delray IN4orrhan4c o669G;a+,9r, and others to promote activities on the Avenue which impact positively the economics of the business on the Avenue. • Beautification of the streetscape along West Atlantic Avenue and side streets. • The CRA will work with others, such as the Palm Beach County Education Commission, to improve the technology infrastructure for providing broad-band access and community wireless "hot-spots". Technology infrastructure may include the installation of antennas and booster antennas within the West Atlantic Avenue Redevelopment area and surrounding neighborhoods, and the installation of ruckus devices to boost the signal inside buildings. Project Participants and Administration • The Community Redevelopment Agency and West Atlantic Redevelopment Coalition, Inc. shall be the lead agencies in the updating and implementation of the Plan. • Other participants in the program may include, but are not limited to, the City of Delray Beach, Seaptewn—Delray Beach Marketing Cooperative, Delray nnorr+h�n+c o. G)Giat;,,n Delray Beach Chamber of Commerce, Downtown Development Authority, neighborhood associations, residents and property owners. Funding Sources 59 • Funding will be primarily by the CRA and the City, along with state and federal funding for infrastructure improvement projects. • The DDA provides funding to WARC for projects within the goals and objectives of the DDA Project Schedule • Beat+fiat+en of %4est Aflant+s Ave-Rue- has bee.p r.em;leted betweee W Vt and 912`h Avenues. ; bea i+ifi^a+inn of the ^nrrid-Gr h°+ni°°n \A/ 644 —;;Pd- 12� 4-ep i°c will he ^nmrl°+°rJ ins • Redevelopment of the-a portion of a significant portion of the CRA-owned properties located between SW e_9th and 10th Avenues will be 20- accomplished via the completion of the 95-room Marriott Fairfield Inn & Suites in December 2014. • Redevelopment of the CRA-owned properties located between SW 6th and 9th Avenues is anticipated to be completed in 2016 with the construction of a mixed-use development consisting of retail, office and residential rental units. • Redevelopment of other blocks is ongoing. # 1.2: "Downtown Delray Beach Master Plan" Background The Land Use Element of the City's Comprehensive '°"WN'"W� GL) A BEnM, M�srserte. Plan required that a special CBD Development Plan be cy..f IkL� M,W. developed jointly by the CRA and the City. The purpose eta M of this policy as originally intended was to prepare a plan that would encourage the revitalization and redevelopment of the downtown which in the 1980's LO was experiencing high vacancy rates and a lack of private investment. Another objective was to address the maximum development that could occur in the area while still retaining its unique character and charm. Numerous studies, beautification and redevelopment projects, special events, and zoning code amendments were undertaken which helped to spur a major renaissance in the downtown. However, there was still a need to prepare a plan that would address the question of the maximum amount of development that is desirable, as well as strategies to ensure that the rebirth and revitalization are sustainable for the long term. In 2000, the City and CRA applied for a planning grant to the MacArthur Foundation to complete the Downtown Master Plan. During the application process another objective emerged: that of bridging the gap between East and West Atlantic Avenue commercial districts. Pursuant to that objective, the Downtown Plan evolved to also include the West Atlantic Avenue Redevelopment Area. In order to ensure that the planning process was an inclusive and wide-spread effort, a 31-person Steering Committee was established to oversee the development of the plan and its various components, and to disseminate information and updates to constituent groups. The planning process included tours of the area, a weekend long race relations workshop, presentations by planning experts, and a design charrette that was attended by hundreds. The 60 entire process is documented in the City publication "Creating Inclusive Partnerships." The plan was adopted in March of 2002, and the Steering Committee evolved into the Downtown Plan Implementation Committee, which met on a quarterly basis to evaluate the status and give direction on projects that are in the plan. The Implementation Committee discontinued meeting at the end of 2008 due to the fact that most of the projects in the plan had been successfully implemented or were on schedule to be completed. The Downtown Delray Beach Master Plan describes three separate "districts": the West Atlantic neighborhood, the Central Core, and the Beach District. The plan identifies objectives to improve each of the areas, and outlines projects to accomplish those objectives. Project Objectives • To create a self-sustaining downtown that has a balanced mix of uses. • To encourage building forms of a size, scale, and character that allows for growth while preserving the downtown's charm. • To facilitate economic development and ensure that the downtown remains the economic, cultural, and governmental center of the City. • To improve vehicular circulation, pedestrian safety, availability and convenience of mass transit, and availability and convenience of parking. • To promote unity and continuity between East and West Atlantic Avenue. • To create attractive public plazas, neighborhood pocket parks and pedestrian friendly streets enhanced by public art. Project Description Implementation of the projects and programs identified in the Downtown Master Plan, including the following: • Design guidelines to regulate the size and scale of new buildings. • Creation of a pedestrian-friendly network of streets with adequate sidewalks, lighting, and traffic-calming measures to mitigate vehicular speeds. • Installation of pedestrian improvements, traffic calming, and beautification along the Federal Highway pairs. • Conversion of the one-way bypass system to two-way traffic. • Creation/installation of a gateway feature at West Atlantic Avenue immediately east of 1-95 to include landscaping and a public art component as well as conveniently located public parking. • Acquisition of properties for affordable housing, pocket parks, parking facilities, and public plazas. • Participation in projects and programs that will increase parking in the downtown area. • Installation of bus shelters. • Pedestrian safety measures in the commercial areas of Atlantic Avenue and A-1-A. 61 • Support of measures such as market analysis and business recruitment to ensure that the downtown area has a sustainable mix of uses. • Other programs and projects as described in the adopted plan Project Participants and Administration • The Plan shall be implemented under the lead of the CRA with the assistance of the City Planning and Zoning Department and Environmental Services Department. • Other participants in the project may include, but are not limited to the Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), West Atlantic Task Team (WATT), Chamber of Commerce, Parking Management Advisory Board, fie—Delray Beach Marketing Cooperative, professional consultants and interested residents and businesses. Funding Sources • The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding. Project Schedule • Plan adopted March 19, 2002. • Design Guidelines, zoning changes adopted in 2004. • Infrastructure improvements to be substantially completed by 2812. 2014. #1.3: Southwest Area Neighborhood Redevelopment Plan (For associated maps, see Appendix `D"Maps B.1 and B.2) Background When the MacArthur Foundation agreed to provide funding for preparation of the Downtown Delray Beach Master Plan, they also included funding for a plan to address the most distressed neighborhood adjacent to the West Atlantic commercial corridor: the Southwest Neighborhood. This area had long been characterized by slum and blighted conditions, including inadequate infrastructure, high crime, poor housing conditions aggravated by absentee ownership, and a large number of vacant properties that were not being maintained. In 2002 the City hired planning consultants JEG Associates to work with the neighborhood on a plan to address these issues. With some deviations, the plan encompasses the area generally bounded by I-95 on the west, SW 10th Street on the south, Swinton Avenue on the east, and the CBD zoning district on the north. A team of neighborhood stakeholders was assembled to assist in the communication and organizational aspects of the planning process. This group, known initially as the Southwest Management Team (and renamed West Atlantic Task Team, or WATT), met on a regular basis to work with the consultant, communicate with the neighborhoods regarding 62 meetings and outcomes, provide feedback on various ideas and initiatives, and review the draft plan. One of the first tasks completed by the consultant was a "Livability Workshop," which was designed to obtain stakeholder input regarding livability conditions relative to indicators such as schools, public safety, parks, transit, etc. The results of the surveys and interviews helped determine the strengths and weaknesses of the community, and provided direction for the plan's focus. The plan was adopted in May of 2003 and provides a blueprint for the revitalization and stabilization of the neighborhoods located in the southwest area. It links the neighborhood's residential areas, commercial centers, civic functions, and green spaces to create a vibrant, pedestrian friendly network of connected neighborhoods. Many of the projects included in the Plan have already been implemented. The CRA, which participated in the funding and development of the plan, will continue to be a major participant in funding its implementation. In 2004, the City Commission adopted zoning changes, and amendments to the City's Comprehensive Plan and Land Development Regulations (LDR) to promote affordable housing in conjunction with the principles of Development Without Displacement. The Comprehensive Plan was amended to allow increases in density when development includes affordable/workforce housing. The City also adopted the Family/Workforce Housing Ordinance (LDR Article 4.7), which includes a density bonus program, based upon the number of very low, low and moderate income units that are provided as part of a development. In 2006, to help achieve the affordable housing objectives of the Southwest Area Neighborhood Plan, the City, CRA, and Housing Authority partnered together to form a Community Land Trust, which is constructing long-term affordable housing for neighborhood residents. CRA efforts to acquire slum and blighted properties to accommodate affordable housing through the Delray Beach Community Land Trust are ongoing. The recently built public education facility serving grades K-12 (Village Academy campus) has been augmented to provide intensive education to local at-risk children, including an extensive after-care program and support services for families. In 2007, the City and CRA funded the creation of a Neighborhood Resource Center on SW 12th Avenue, placing social service providers within walking distance of the families who need assistance. Due to the center's overwhelming success and increased demand for these services, expansion of the Neighborhood Resource Center has been planned. The Rosemont Park pocket park was completed in 2007 (SW 6th St. and 4th Ave.), Sunshine Park (NW 15th Avenue, adjacent to I- 95 sound barrier) was constructed in 2008 and construction of the Carver Square Pocket Park (SW 7th Ave. and SW 3rd St.) was completed in 2010. Also, the existing Catherine Strong Park was completely renovated to include additional play equipment and water features. Streetscape and alley improvement plans were implemented for SW 12th and 14th Avenues, with construction of the SW 14th Avenue improvements completed in 2010 and SW 12th Avenue alley improvements completed in 2011. Project Objectives • Revitalization and stabilization of the neighborhoods in the southwest area. • Improve the quality and condition of housing stock in the area, and provide housing to meet a range of income levels and ages. • Improve and upgrade infrastructure in the neighborhoods. 63 • Enhance the beauty and livability of the neighborhood by providing open space and recreational opportunities for residents. • Provide pedestrian linkages between residential, commercial, civic, and recreational areas. • Create jobs and promote economic development. Project Description Implementation of the projects and programs identified in the Southwest Neighborhood Plan, including the following: • Acquisition of land and development of pocket parks, community-oriented services and parking lots at strategic locations throughout the neighborhood, particularly where adjacent to property that is already owned by the City or CRA, and where larger sites can be assembled. • Beautification of public spaces along 1-95 sound walls. • Creation of affordable housing opportunities, through acquisition of vacant or underutilized land, acquisition of existing units that can be upgraded or redeveloped and maintained as affordable housing; and implementation of incentives such as density bonuses to encourage private developers to create affordable units. • Provision of grant or loan programs to encourage upgrades to structures and properties; • Improvements to the roadway system to make the area safer for pedestrians, such as completion of the sidewalk network and installation of traffic calming measures. • Support redevelopment that is consistent with the principles outlined in the plan for the five sub-areas, particularly as it relates to the redevelopment of blighted duplex and multi-family structures (particularly those located along SW 10th through 15th Avenues), which are having a detrimental impact on livability and property values in the neighborhood. • Support increased community policing and code enforcement. • Initiate infrastructure projects (i.e. street and alley improvement projects, street beautification, retention areas, etc.) to accelerate their completion. Partner with the City on these infrastructure projects when feasible. • Improve the appearance of the SW 12th Avenue corridor particularly within the first three (3) blocks of West Atlantic Avenue through the elimination of excessive back-out parking, landscape upgrades on private property to replace front yard parking, where appropriate, and provide assistance to property owners for the exterior upgrades/renovations to structures along the corridor. • Provide initial maintenance for a minimum of 5 years for selected streetscape and pocket park improvement projects in cooperation with the City. • Provide additional community-oriented services and community meeting space through expansion of the Neighborhood Resource Center. Project Participants and Administration • Projects in the plan shall be implemented jointly by the City and CRA. 64 • Other participants in the project may include, but are not limited to the West Atlantic Redevelopment Coalition (WARC), neighborhood associations, professional consultants, private developers and interested residents and businesses. Funding Sources • The CRA and City will be the primary funding sources, with grants from other entities used to augment local funding. • Private developers will participate in the financing of affordable housing in the neighborhoods. Project Schedule • Acquisition of property, provision of pocket parks and enhancement of existing recreational facilities is ongoing. • Affordable housing incentives (Family/Workforce Housing Ordinance) adopted on December 6, 2004. • Acquisition of properties/creation of affordable housing is ongoing. • SW 12th Ave./Auburn Ave./SW 14th Ave streetscape improvements are " completed in 2011. ,—SW 2nd Street streetscape improvements are ssnedFled Op F=Y zST;-2012completed in 2014. • Construction of the SW 91" Avenue Parking Lot/Parking Park will be completed in 2014. • Expansion of Neighborhood Resource Center scheduled for 28122016. • Other infrastructure improvements to be s"hStARtially nnmr,leted by 201 F ongoing. #1.4: North Federal Highway Redevelopment Plan Background This project involves the implementation of the North Federal Highway Redevelopment Plan, which was adopted by the City in 1999. For a description of the area and background information on this project, see Part 2 of the CRA Plan. Project Objectives • Improve the visual appearance of the corridor. • Reduce and eliminate marginal and inappropriate land uses. • Direct smaller business operations to more concentrated area. • Provide economic stimulation and investment in the area. • Creation of jobs. 65 • Stabilize and preserve the residential neighborhoods through new development, beautification, redevelopment, and the elimination of blight. • Eliminate slum and blight through acquisition of properties. • Improve transportation and pedestrian modes. Project Description The Program is divided into two Phases. Phase One, which is completed, included the preparation of the Redevelopment Plan. Phase Two shall be the implementation of the redevelopment program. Key projects completed and administered through this program include La Hacienda Gardens Park, the construction of an additional road connection GTTQ Ch'Q _ between Dixie and Federal Highway to provide better circulation and connectivity in the area, and_. Alse the pla,,,�g—stages is the La Hacienda Street Beautification project (North and South Lake Avenues). co"or 31 rnoo+iRgS With the Reighberhnnrl 0MpleMentatiGR phase of the pFGj9Gr Additional projects planned for the area include the following: • Eventual reduction of Federal Highway right-of-way from 120' to 100' and installation of additional landscape nodes and wider landscaped medians. • CRA acquisition of key properties where necessary. 44'4-9#e494-. • Work with homeowner associations concerning neighborhood improvements such as neighborhood; parks, traffic calming, and street beautification. Project Participants and Administration • The CRA will administer and coordinate the program; • Other participants may include, but are not limited to, the City of Delray Beach, Florida Department of Transportation (controls US-1), Delray Beach Chamber of Commerce, developers, and individual property and business owners. Funding Sources • Funding sources for Phase Two will be the CRA, the City of Delray Beach, other governmental agencies, property owners, and developers. Project Schedule • Phase One: Completed. —Phase Two: Began in FY 1999/2000 and is ongoing. • Installation of a new roadway connection between Dixie and Federal Highways north of NE 14th Street is completed. 66 = Prepare an updated market analysis and improvement plan for the area. • Evaluate potential improvements to Dixie Highway corridor, including the potential for safer pedestrian and bicycle usage. # 1.5: Osceola Park Redevelopment & Neighborhood Improvement Plan Background This downtown neighborhood is generally located between Federal Highway and the F.E.C. Railroad, south of the Central Business District within CRA Sub-Area #7. Zoning in the area includes R-1-A (Single-Family Residential), RM (Medium Density Residential), GC (General Commercial), CBD (Central Business District), and CBD-RC (Central Business District - Railroad Corridor). Land uses are varied, containing a mixture of single-family and multi-family residences, commercial, and light industrial development. Since the area is encompassed by well field protection zones, impacts of non-residential land uses on the well field is a concern. The northern portion of the area (north of SE 5th Street) contains commercial and light industrial development with inadequate parking and residential uses sandwiched between incompatible land uses. South of SE 51" Street, the character of Osceola Park changes to one that is generally single-family in nature; however there are numerous renter-occupied units. Osceola Park has a higher percentage of renter-occupied units (48.5%) than the City as a whole (30.3%). The area is also encompassed by wellfield protection zones. The overall condition of the housing is adequate, although there are many structures in need of maintenance and minor repairs. The area has a unique quality that is attractive for residents who wish to live in a single- family home located close to the City's commercial core. Beautification projects throughout the area, as well as an increase in the number of owner-occupied units, can help eliminate blighted conditions and stabilize the area. In 1999, the City, with financial assistance by the CRA and a grant from the State of Florida, conducted a historic survey of existing structures in the eastern part of the City, Including Osceola Park. The consultant, Janus Research, found that the neighborhood did not have the concentration of historic buildings to be designated as a local historic district, but recommended that the City consider creation of a Local Conservation District. This information has been incorporated into the Osceola Park Redevelopment Plan, which was adopted by the City Commission on December 6, 2004. The primary focus of this redevelopment plan is to stabilize and revitalize the area, provide a pedestrian-friendly and safe environment through the implementation of traffic calming measures, provide additional parking for area businesses and accommodate owner-occupied housing which is compatible with the single family character of the area. Some of the issues relating to the industrial uses within this area were addressed within the CBD-RC zoning district that was created in 1995; however inadequate parking is still an issue. In September 2005, a 5.9 acre portion of the redevelopment area located between SE 2nd Street and SE 3rd Street, and the area between SE 2nd Avenue and S.E. 5th Avenue was rezoned from RM (Medium Density Residential) to R-1-A (Single Family Residential). Implementation of the Plan, as it relates to the residential area, began in 2008. According to the Osceola Park Redevelopment Plan, the Osceola Park neighborhood has a significantly higher number of persons per household (3.7) than the overall City (2.2). The population is also much younger — children under 18 make up 28% of the area's population compared to 19% citywide. The Osceola Park plan identifies the need for additional 67 recreational facilities to help serve this population. The design for the infrastructure improvements was completed and they were to be funded by the CRA, City and the residents via the establishment of a special assessment district. However, on December 9, 2008, the City Commission voted against establishment of a special assessment district for the proposed improvements (consisting primarily of traffic calming measures and sidewalks), based on residents' objections to the additional taxes. As a result, the City created a Strategic Task Team to work with the residents on other strategies to stabilize the neighborhood. In FY 2011-12, the City_ is PFGeeediRg, hGWever, With the installeda#+epe# the underground infrastructure imnrn„°Y„°nts consisting of water main upgrades, and drainage improvements that do not require CRA funding or additional assessments. Subsequently there was renewed interest from the neighborhood to implement the traffic calming and alley improvements identified in the plan. Some residents even initiated their own projects, installing pea rock in the alley surfaces and creating artwork along the adjacent fences. In FY 2012-13 the CRA funded the imnr^„°Y„°n+construction of 3 alleys, v.ghm^” h°„° h°°n GGR&tP4Gt +&R. For FY 2013-14 the CRA provided funding to construct 3 additional alleys. The CRA will continue to allocate funding for projects in the area on an annual basis through the budgeting process. Project Objectives • Eliminate slum and blighted conditions. • Provide adequate parking for the commercial/industrial areas. • Improve the sidewalk and alley networks to encourage biking, walking, and improved traffic circulation. • Promote historic preservation. • Promote stabilization of the residential areas. • Promote owner-occupied housing. • Promote conversion of multi-family uses to single-family. • Increase employment and business opportunities in the area. Project Description The program shall consist of three phases. Phase One, which included an historic survey of the existing structures in the area, has been completed. Phase Two, which included the preparation and adoption of a Redevelopment/Neighborhood Plan for the area, has also been completed. Phase Three consists of the implementation of the projects and programs identified in the Osceola Park Redevelopment Plan, and supported by the residents, which may include some or all of the following: • Rezone the areas east of the FEC Railroad currently zoned RM (Medium Density Residential) to R-1-A (Single Family Residential). • Provide streetscape beautification and on-street parking for business uses along SE 2nd 68 Avenue, and landscaping along the FEC Railroad corridor. • Property acquisition along SE 2nd Avenue to provide parking lots for area businesses. • Promotion of CRA grant programs to encourage area businesses to upgrade their facilities. • Improve pedestrian and vehicular safety through the installation of traffic calming measures, lighting and sidewalks, where needed. • Upgrade utilities and drainage where needed. • Consider the development of a program to convert duplex structures to single-family residences. • Evaluate the possibility of applying a Conservation District to promote historic preservation • Provide additional recreational opportunities (and/or enhance existing facilities) for school- aged children. Project Participants and Administration • Implementation of the Plan shall be administered and coordinated by the City °ss.star^° v0h°r° hooded frpmin conjunction with the CRA. • Other participants include property owners and businesses in the area. Funding Sources • The City will pFevideprovided the majority of funding for preparation and implementation of the plan, iRGI 1diRg aR, 61-8 nnrici il4i ran cor1iinoc 4h;;4 .ro ReGeSsary, • Other sourcesFunding sources for implementation of projects will may include, but are not limited to, the CRA, the City,44e property owners and businesses in the area, as well as public and private grants when available • The CRA's grant programs and City/CRA Microenterprise4'.-.� program swill be made available to weymde addEtEepal qualifying businesses who wish to improve exterior conditions of their property, obtain rent assistance, and establish or expand businesses. Project Schedule • Phase One of the program was completed in FY 1999/2000. • Phase Two was completed in FY 2004/2005. • Phase Three: • Re-zonings associated with the Plan were approved in 2005. • Infrastructure improvements °r° PFGjeGted +„ begi4Dp gan -in FY 2011/2012 and are on- �aoinq. o A strategy for improving parking availability and encouraging upgrades to area businesses v.g;II„ I„dledNA the-rte°.'s F=Y 220T;-220 �nIAla,Twas implemented with the FY 2012-2013 Work Plan and is on-going. • Implementation of various programs is ongoing. 69 o upgrades to Currie Commons Park scheduled in FY 2014-2015. #1.6: Pineapple Grove Neighborhood Plan This program consists of the implementation of the remaining elements of the streetscape and pedestrian improvements that were included in the Pineapple Grove Neighborhood Plan (see Appendix "E", Pineapple Grove Main Street Program for a full description and background of the program). It also involves the creation and maintenance of the area as an arts district by promoting public art projects, the establishment of artist studios and galleries, and implementation of land development regulations that foster and encourage arts-related uses. Most of the streetscape improvements included in the plan have been completed. The Pineapple Grove area no longer has the need for a full time Program Manager and is therefore no longer designated by the state as an official Main Street community. A strong neighborhood association remains active and continues the work to improve and promote Pineapple Grove as an arts destination that has a unique identity apart from Atlantic Avenue and other parts of the downtown. In 2010, the CRA purchased a 15,000 sq. ft. warehouse in the Pineapple Grove Arts District for conversion to an arts related use such as an arts center/incubator. The purpose of this project is to encourage visitors and pedestrian activity in the Pineapple Grove area and to enhance Delray's image as an arts oriented community. Also in 2010, the CRA completed the construction of a new parkinq lot on NE 3rd Avenue to supplement parking for area businesses, and acquired a blighted parking lot at 362 NE 3rd Avenue. The improvements to the parking lot at 362 NE 3rd Avenue were completed in 2011. Soon afterwards, artists began converting warehouse space in the surrounding area to studios and galleries, creating a new arts enclave known as "Artist's Alley" Streetscape improvements along NE 3rd Street, NE 3rd Avenue and Artist Alley are in the process of being designed in order to provide safe, well-lighted pedestrian connections to the public parkinq areas and to area businesses, including the Arts Warehouse. Project Objectives • Continuation of the physical and economic revitalization of the Pineapple Grove neighborhood. • Completion of street beautification, entry features, public parking, and pedestrian linkages within the Pineapple Grove neighborhood. • Establishment of the area's special identity as an arts-related district. Project Description CRA participation with this plan may include, but is not limited to, the following elements: p Fegramc o and 69"Gi4 mom horchirc 70 • Assist in the implementation of the remaining elements of the neighborhood plan, which involve completion of the sidewalk network, installation of landscaping and lighting, installation of additional entry features, and provision of additional parking. Support arts-related uses and features that help establish and maintain the area's identity as an arts district, including develop,�m�ent of the Arts Warehouse project. T i-s m°„ ir,^' 1e t n i n h n i i �ni�eG�FG1 the rvtt b s;1h1rmrrep t of. -A.A. a its st i n, as prevaed fe.- OP the rle14el9nment'c site plan • Work with the Pineapple Grove Design Committee to ensure that new development and redevelopment is consistent with the desired architectural style as described in the plan. • Work with the Pineapple Grove organization to ensure that the City's Land Development Regulations facilitate the establishment of arts-related uses. Project Participants and Administration • Pineapple Grove Main Street, Inc. shall generally administer and coordinate the program. • The CRA will provide#+naAr-ia+ support for administrative assistan^emarketing and promotion of the area through the Qpwptew—Delray Beach Marketing Cooperative (DBMC), and provide additional ad-ministre support where necessary to implement grant programs, LDR changes, and infrastructure improvements. • The Downtown Development Authority (DDA) markets and promotes the area as part of the Downtown District. • Other participants may include, but are not limited to, the City of Delray Beach, the Chamber of Commerce, DDA and private property owners. Funding Sources • The CR4 Will f"Ad the ^nctc of part time administrative eccicten^e • The CRA and the City will fund the development of public and public/private parking lots. • Continuation of the infrastructure improvements and establishment of the Cannery Row arts project will be funded primarily by the CRA and City, with other possible sources being grant funds. • The CRA's Site 41101st-Arne grant programs4sare available to provide additional assistance to businesses who wish to improve exterior conditions of their property and/or obtain rent assistance. • The DDA provides funding to Pineapple Grove at the discretion of the DDA board. Project Schedule • Implementation of the program began in FY 1993/1994 and is ongoing. • Construction of 43-space public parking lot on NE 3rd Avenue and 14-space lot on Artist's Alley to support the arts district is completed. • Construction of NE 1s' Avenue streetscape improvements, between NE 1s' and 2nd Streets scheduled in FY 2013-14. 71 • Construction of Pineapple Grove North Entrance Feature scheduled in FY 2013-14. • Construction of NE 3rd Street,/Avenue./Allev streetscape improvements scheduled in FY 2014-15. #1.7: Del Ida Neighborhood Improvements Project Background The Del-Ida Park Subdivision is one of the oldest planned communities in the City (recorded 1923) and was designated an historic district in 1988. In 1997, the City of Delray Beach's Planning Department, the CRA, and two homeowner associations met over a one-year period to devise the Seacrest/Del Ida Neighborhood Redevelopment Plan. The planning effort was one in which local government and residents successfully planned together in order to create a strategy to improve their neighborhood. In 1998, the City Commission adopted the Seacrest/Del-Ida Neighborhood Improvement Plan, which addressed a variety of ways to enhance the stabilization of the respective neighborhoods and encourage preservation of Del-Ida Park's historic resources. The projects included traffic calming, installation of parking lots, and removal of back-out parking, as well as the reconstruction of NE 3rd Avenue. The Plan resulted in the pledge by the public sector (CRA and City) to expend over $2 million, and the residents, through a property assessment district, to expend $1 million, for street improvements, construction of parking lots, beautification and a grant program. The CRA participated in the implementation of other elements of the plan including: beautification of retention areas along NE 3rd Avenue; provision of landscape grants to beautify multi-family properties along NE 3rd Avenue; provision of grants to convert duplexes to single family homes throughout the neighborhood; assistance with street lighting; and beautification of areas adjacent to the former Plumosa Elementary School. Most of these improvements were completed in 2005-2006 and the project is currently identified in the CRA Plan as a completed project. In 2009, the Public Arts Board Advisory Board funded improvements for an art park at NE 2nd Avenue and NE 6th Street. The City subsequently installed Cassius trees along NE 2nd Avenue, between NE 4th Street and George Bush Boulevard. As a result of declining economic conditions and foreclosures in the neighborhood, the residents felt the district was in a state of transition and in need of stabilization. Some of the sidewalks are severely damaged or missing due to the demolition of homes in anticipation of redevelopment several years ago, during better economic times. In July 2010, the Del-Ida Park Homeowners Association submitted a request to the CRA Board to provide funding for the design and construction of improvements within the Del-Ida Park Historic District. Project Objectives • To eliminate slum and blighted conditions along NE 2nd Avenue within the Del Ida Park neighborhood. • To provide a pedestrian-friendly environment within the Historic Del Ida Park neighborhood. • To create pedestrian connections between the Pineapple Grove Arts District and the Del Ida Park neighborhood. • To encourage private investment within the Seacrest/Del Ida Historic District. 72 Project Description • The beautification project will improve a four-block area along NE 2nd Avenue, between NE 4th Street (Lake Ida Road) and NE 8th Street (George Bush Blvd.). • Improvements will consist of new sidewalks, landscaping and decorative lighting. Project Participants and Administration • The project will be primarily administered by the City of Delray Beach and the CRA. • Other participants may include Del Ida Park residents. Funding Sources • The project will be primarily funded by the CRA. • The CRA anticipates a portion of the project funding to come from a Palm Beach County MPO Beautification Grant, which will be awarded in July 2011. • Other funding sources may include the City of Delray Beach and residents of the Historic Del Ida Park. Project Schedule • Improvements from the original Seacrest/Del Ida Neighborhood Plan were completed in 2006 • The Neighborhood Beautification Committee was formed in February 2011, to help develop a conceptual design for the new project. • The second Seacrest/Del Ida Neighborhood Plan was adopted by the City Commission in May 2011. • Construction is scheduled for completion by November 2012in 2016. B. GROUP 2: REDEVELOPMENT PROJECTS #2.1: "NW & SW 5t" Avenue Beautification (For associated map, see Appendix "D"Map Q Background This project encompasses the three commercially-zoned blocks of 5t" Avenue between Martin Luther King, Jr. Boulevard (NW 2nd Street) and SW 1St Street. In the days of segregation the SW/NW 5t" Avenue area was a thriving commercial and institutional corridor i'm i „ in the heart of the City's African American neighborhood. The area began to decline in the 1970's and in the 1980's, the County provided funding for the two-block beautification of NW 5t" Avenue. w Unfortunately beautification involved the elimination of on-street parking, which negatively affected area businesses. Over time several of the businesses left and the street became neglected and 73 unsafe. The objective of this program is to revitalize the corridor into a thriving district for neighborhood businesses and cultural activities. It also became necessary to remove the trees along NW 51" Avenue, since they blocked the sidewalk and caused the street to be out of compliance with the Americans with Disabilities Act (ADA). In 2003 the CRA contracted with the engineering firm of CH2M Hill and Miami artist Gary Moore to create a new streetscape for the corridor. Several meetings were held at St. Paul's Church on NW 51" Avenue, attended by local residents, business owners, and property owners who shared stories about the neighborhood's past as an agricultural area and later as a thriving minority business district. From these meetings Gary Moore developed a plan for a new streetscape. It included sidewalks made of rough terrazzo in patterns that reflect the history of the area. Bronze inserts depict the various neighborhoods along the street such as "Frog Alley" and "The Sands." New street lamps were manufactured to coordinate with the sidewalk colors. Due to the narrow width of the street right-of-way, the new landscape plan provided primarily palms and ground covers. The plan included the restoration of parking along one side of the street (varies depending on the location), and the relocation of several back-out parking spaces. The streetscape was completed in 2007, including the terrazzo sidewalks, bronze inserts, decorative lighting and banners. In addition, the alleyway was paved and most of the parking spaces that previously backed out onto NW 51" Avenue were relocated behind the buildings. The CRA plans to assist in the renovation of the area in front of the community store located at NW 51" Avenue and MLK Drive (Hammad Shoppes) where several parking spaces were removed. In addition, the CRA acquired two blighted buildings located at 133 and 135 NW 51" Avenue, and is restoring them to provide affordable housing (both rental and owner occupied) and low-cost office space. The remaining work that needs to be completed is to provide street furniture (i.e. benches and trash cans), improve the amount and condition of public parking in the area, and provide alley access to the rear of buildings wherever possible in order to maintain a pedestrian-oriented corridor along 51n Project Objectives • Eliminate blighted conditions along SW/NW 51" Avenue. • Encourage minority business development. • Provide a catalyst for future development on adjoining blocks of West Atlantic and further minority business development. • Create and maintain a safe and lively pedestrian-friendly corridor. • Provide diverse neighborhood shopping, services, and cultural facilities for area residents and visitors. • Promote the area's historical and cultural significance through the support of cultural facilities and public art. • Creation of jobs. • Provide parking to serve the area's businesses and institutions. • Improve alleyways where available to provide rear access to buildings, and acquire property to create alleyways where necessary for access. Project Description 74 • Removal of existing paver brick sidewalks, trees and lighting, and back-out parking where feasible (completed 2007). • Installation of new streetscape to include a combination terrazzo/colored concrete sidewalks, coordinated street lights, bronze inserts, landscaped nodes, on street parking, transit stops, benches and waste receptacles (completed 2007). • Installation of paved alley, including parking spaces where feasible, between NW 4t" and 51" Avenues, between NW 1St and MLK Jr. Blvd. (completed 2007); acquire property necessary to provide alley access in the area between NW 51" and 6t" Avenues, south of NW 1St Street. • Where feasible, development and/or improvement of off-street parking facilities to serve businesses and cultural institutions in the area - the CRA may partner with private property owners or the City in the development of these facilities. • Acquisition of property and buildings to eliminate blighting influences and stimulate economic development. • Promotion of the area as a neighborhood commercial center, containing goods and services intended to serve the surrounding neighborhood as well as appeal to a larger market outside the area. The Project is divided into four Phases: • Phase One: Streetscape plan prepared and put out to bid; • Phase Two: Installation of new streetscape; • Phase Three: Land acquisition for parking and redevelopment and construction of additional parking and alleyways; • Phase Four: Acquisition and rehabilitation of blighted buildings and/or sale of CRA buildings and property for the new construction or rehabilitation by the private or nonprofit sectors. Project Participants and Administration • The remaining aspects of the project will be administered and coordinated by the CRA with input from the West Atlantic Redevelopment Coalition and assistance, oversight, and final approval by the City; • Other participants may include, but are not limited to the Downtown Development Authority, Delray Beach Community Land Trust, Palm Beach County, the Center for Technology, Enterprise and Development, Inc., the Delray Beach Housing Authority, area churches, DelFa„ nGGGG,,+;„r design professionals, building tenants, and the developer(s) for plaza expansion (new buildings). Funding Sources • The CRA provided funding for Phase One of the project with technical assistance by the City. • Phases Two and Three were jointly funded by the CRA and Palm Beach County with technical assistance by the City. • The CRA's Business Development and Site Assistance Programs are available to provide additional assistance to owners/businesses along the corridor. 75 • Phase Four will be funded by the CRA, City, and the private sector. Project Schedule • Phase One completed summer 2004. • Phase Two completed January 2007. • Phases Three and Four are ongoing. #2.2: FEC Railway Station Background The FEC (Florida East Coast) Railway Station was built in ` 1896 along the east side of the railroad tracks, immediately . : south of Atlantic Avenue. It was originally 100' in length and was constructed on site as a Stick-style post and beam j frame structure with board and batten walls, two louvered .......;., cupolas, and a composition roof with expansive eaves. It included space for a passenger waiting area, offices, and freight storage. The station provided passenger and freight service until it was closed by the railroad in the 1960's. Parts of the building were subsequently demolished, and in 1968 the remaining freight area was split into two sections and moved to separate locations. The larger section was eventually destroyed by fire, but the remaining 40' section was relocated to a farm west of downtown, where it remained until 1995. The Delray Beach Historical Society (DBHS) coordinated volunteers and raised the funds to acquire the building and relocate it back to downtown Delray Beach. The building is currently located on private property known as the Ocean City Lumber site, which includes retail uses, restaurants, and offices. The space that the station sits on +&-was leased by the DBHS until —_ #a lease exporpr, e_ 2008, however the property owner has permitted the DBHS to keep the structure on site, and they continue to maintain it. While it is-pessible that the lease may be o..+ ,4 The station should ultimately be located on public property in order to provide for its long term preservation. Recently FDOT has initiated a long range goal of establishing commuter rail service on the FEC track that would provide service between the major cities between West Palm Beach and Miami. Their plan is to seek cooperation with each city to assist in building a station and other services. Project Objectives • Provide for a permanent location and the long term preservation of this important historic structure. Project Description • Assist the DBHS and City in finding a suitable permanent location for the FEC railway station. • Assist the DBHS and City in acquiring funds to relocate and restore the structure onto a permanent location in the downtown area. 76 • Assist in the establishment of the structure as a visitor's center or other suitable use that will ensure the long term preservation and maintenance of the building and provide opportunities for the public to visit the structure and learn about its history. • Work with FDOT and the City in the long range goal of establishing commuter rail service on the FEC track. Project Participants and Administration • Delray Beach Historical Society, City of Delray Beach, CRA, DDA, and other entities involved in historic preservation and downtown redevelopment. Funding Sources • State Historic Preservation Office grants, City of Delray Beach, DBHS, CRA, FDOT. Project Schedule • Identification of a suitable site to relocate the structure by GpFiRg 29992015. • Relocation of the structure to its permanent location by fall 2000 FY 2015-16, unless an extension to the current lease is granted. # 2.3: Block 76 —Old School Square (Delray Beach Center for the Arts) Expansion and Parking Garage Background Block 76, located between N.E. 1st. and 2nd Avenues, between Atlantic Avenue and N.E. 1st. Street, is adjacent to the Delray Beach Center for the Arts (formerly known as Old School Square Cultural Arts Center. During the early 1990's, both this block and the one immediately to the east (Block 84) contained structures in deteriorated condition and uses which had a blighting influence on the surrounding Pineapple Grove neighborhood. A major obstacle to the redevelopment of the area was the lack of adequate parking. Since this was also a problem for the Center, the CRA decided to make this the major focus of its initial redevelopment effort Block 76. The CRA purchased the former site of the Pierce Tire Company as well as a property that was associated with the former Ocean City lumber yard on Block 84. These acquisitions were made possible through $500,000 of redevelopment seed money that was authorized under the Decade of Excellence Bond. In 1996, the CRA completed the first phase of parking on Block 76, constructing 131 parking spaces. In 1997, the CRA determined that, due to heightened consumer activity in the immediate area and the surrounding blocks, an additional parking phase should be commenced. The CRA acquired a building located along NE 1St Avenue, the Van Hill property, by eminent domain in order to increase parking capacity. In 2000, Old School Square held a community charrette to determine the future of the facility. These discussions resulted in a plan to expand the campus onto Block 76, creating a large urban park. The plan included converting the surface parking lot to open space, and construction of a parking garage at the north end of the block. In addition to 77 replacing the 170+ spaces that currently exist on the site, the garage would also accommodate additional parking for the Center, the Pineapple Grove area, and businesses along Atlantic Avenue. The plans for garage also included ground floor commercial space adjacent to Pineapple Grove Way and NE 1" Street. In 2001, the amphitheater and restrooms were constructed. In order to implement the park elements of the plan, several privately owned parcels in the block had to be acquired. The CRA initiated eminent domain proceedings and acquired properties at the north end of the block for the parking garage, and property at the south section adjacent to the alley (former Craige Furniture property) for the parks/campus expansion. In 2004, the City passed a bond referendum for Parks and Recreation projects, including the Center's expansion. In 2006, a grant was received from the Florida Communities Trust to help off-set the costs of acquiring properties associated with the proposed Old School Square park. Construction of the 528-space parking garage was completed in November 2007. A community charrette was held on November 17, 2007, to obtain input concerning the design and function of the proposed urban park. The plan included a water feature and opportunities for active and passive areas and programs. The Delray Beach Center for the Arts continues to function as the cultural anchor for the City and is a major attraction in the downtown area. It struggles with the financial challenges that are typical of nonprofit art & cultural institutions, as it seeks to balance community-based events and programs with revenue-producing activities. 81d—S_s#ee4 She Its central location between East and West Atlantic Avenue provides a unique opportunity for it to play a major role in bringing together the city's various ethnic and cultural groups so that all feel welcome and represented. It is imperative that public and private financial assistance continue to be provided so that programs and activities can be available and affordable to the community at large. This is particularly true as the campus is expanded and more demands are placed on The Center's operational capacities. Project Objectives • Promote arts and cultural activities as a means to foster increased economic development within the city center. • Provide a cornerstone for the revitalization and redevelopment of the Atlantic Avenue Business corridor and the Pineapple Grove Neighborhood. • Provide support to enable Old SGhGGI SquaFeThe Delray Beach Center for the Arts to continue to offer affordable cultural programming for the diverse Delray Beach community. • Create an attraction downtown for both residents and tourists. • Allow for the expansion of the campus and the creation of an urban park. • Increase property values within the CBD through the provision of open space, vistas, and a gathering place for downtown visitors and dwellers. • Increase the amount of parking that is available to serve the Center and the adjacent commercial areas. Project Description • Assemblage of property within the block for construction of a parking structure with retail space, and creation of an urban park. Private users located in the area may make 78 arrangements to pay the CRA or other public or private entity a fee to lease or purchase enough parking spaces to meet City parking requirements for their use. • Strong pedestrian linkages to the Delray Beach Center for the Arts, the downtown and the Pineapple Grove Neighborhood will be established. • Continued support of The Delray Beach Center for the Arts' operations and activities as it expands and takes on an even larger significance as the City's cultural anchor. Project Participants and Administration • The CRA was the lead agency in the acquisition of land for improvements in Block 76. • Other participants in the redevelopment will include, but are not limited to, the City of Delray Beach, The Delray Beach Center for the Arts, Parking Management Advisory Board, Pineapple Grove Main Street, and property owners within the block. Funding Sources • The-QR,4 -;;Rd Gity r,ro"irlP_d_ thP- fra;diRg for Ph-ASP-6 (lr,o ;nrJ T-w Acquisition of property and construction of the garage and phase I of the park were accomplished using a combination of CRA funds, r°^ Tbond funds, in lieu fees, and Florida Community Trust grant funds_. �Aghere A.Pet#er P9ss,b'° fig-se1-IrrUe is through the sale-orTease of parking spaGeS 49 private ProPe Fty GWRerc • Funding sources for°;ase Tie-future operations and improvements shall primarily be the City, CRA and revenues generated by the Delray Beach Center for the Arts, with additional potential funding sources being grant funds and private contributions. Project Schedule • Phase GArP_- _CRA funding to ensure that the Centercan continue to offer its facilities to community groups and nonprofit organizations at reduced fees began in 2005. • Phase Two: Preliminary planning and land acquisition process completed in 2006. • °har.,e T� rhr°ce�.- Demolition of all structures has been completed and construction of the parking garage with the ground floor commercial space was completed in 2007. Construction of Phase I of the public park is aRtiGipated to begiR was completed in 2009. • Future projects include improvements to the Delray Beach Center for the Arts campus and Phase 11 of the public park as well as maintenance of these facilities. # 2.4: South County Courthouse Expansion / Delray Beach Public Library This project involved the construction of a new facility for the Delray Public Library, an expansion of the South County Courthouse, and the construction of a public parking garage to be shared by the two institutions with public access granted pursuant to Interlocal Agreement. The project as originally described has been substantially completed (See Appendix "C" for a description of the project), with the construction of the library and garage in 2005, and 79 courthouse expansion in 2009. Phase II of the garage may be constructed at a later date to be determined based on demand and the availability of funding. The library has become an important anchor to the West Atlantic Avenue Corridor and asset to the community as it provides a variety of valuable community services and programs. It is run by a nonprofit board, and while it is located on City property it is not a City facility, and funding is always a challenge. The City supports the library with operating funds and provides exterior maintenance, and the library obtains other funding from state grants and private donations. In 2007, with the budget constraints created by the property tax reform, the City cut back on the library's operating dollars. To stay within budget, the library developed a schedule with reduced operating hours. In order to continue to promote activity and economic development in the West Atlantic area, the CRA agreed to fund a portion of the operating funds so that the library could continue to be open seven days a week and offer the same range of services and activities. The library is also creating space for small business incubation and support, a much needed service in the area. The CRA will consider on an annual basis, a commitment of funding in order to ensure that the library can continue to function in this manner. #2.5: Old School Square Cultural Center This project involved the restoration of Old School Square's original buildings and campus for use as an arts and culture center. The project as originally described has been completed (see Appendix "C" for a description off the project). The CRA had committed to provide funding to pay the debt service on the loan for restoration of the 1926 building, which was satisfied in 2007. A separate project in this Plan, #2.3, deals with the expansion of the Old School Square campus and the CRA's continued support for the center. #2.6: Block 60 Redevelopment The redevelopment of the historic homes located at 20 and 24 North Swinton Avenue and construction of the parking lot located on NW 1s' Avenue has been completed. (See Appendix "C" for description). The CRA is also investigating expansion possibilities for their current office building, located at 20 N Swinton Avenue, through either relocating a historical building to the site or adding onto the existing Monterey House. Parking spaces within the lot may be made available for purchase on an as-needed basis, at the discretion of the City and/or CRA. #2.7: Carver Estates Redevelopment Background Carver Estates, the City's only public housing project, provided housing for the City's poorest residents for approximately two decades. However, it was found to have structural problems of such a severe nature that it would be more economical to replace the units than to repair them. In 2005, the Housing Authority had a Master Planning Study and a Feasibility Study prepared in anticipation of the redevelopment of the site. Immediately north of and adjacent to the Carver Estates property is the Village at Delray rental community and Auburn Trace, ° 256 -pit both affordable housing developments funded in part through tax credits financing. These properties are located in the geographic area covered by the Southwest Area Neighborhood Plan, a community-based plan that provides a 80 blueprint for revitalization and stabilization of the area. In 2005, the Housing Authority issued a Request for Proposals (RFP) to redevelop their property, possibly as a combined renter and owner occupied development. The proposal submitted by the owners of Auburn Trace (Auburn Group) was selected, which includes redevelopment of the Carver Estates site as well as the Auburn Trace site. Initially, the sites were being redeveloped through a partnership agreement between the Delray Beach Housing Authority (DBHA) and the Auburn Group development company. The project, The Village at Delray, would have resulted in more than 1,000 units of new diverse housing choices for a range of income levels and ages, including 212 quality Housing Credit rental apartments for households below 60% of median income (very low income), 52 workforce rental apartments for households below 120% of median income (low to moderate income), and more than 200 owner-occupied workforce housing units. Also proposed, was a neighborhood-oriented business component to serve the community and a job training component to help residents attain quality well-paying jobs. While approvals were obtained for the residential components of the project, the property acquisitions to accommodate the commercial and jobs-training components could not be achieved. anticipated-Due to the collapse of the housing market in 2007 and subsequent changes in the plans for redevelopment of the community, a44-the partnership between DBHA and the Auburn Group has beep was dissolved. The entities are redeveloping their own holdings. Auburn Group Altalned appreval from the City r 7- vrnmm;TVViiG. constructed a 192 Housing Tax Credit rental apartment complex for households below 60% of median income (very low to low income) on the south portion of their existing Auburn Trace apartment complex, rather than the mixed- income rental complex originally envisioned in the Southwest Area Neighborhood Redevelopment Plan and the DBHA Plan. This PFGjeGt is nearing nnmr,letinn In 2010, the DBHA issued an RFP for redevelopment of its 18-acre property (former Carver Estates public housing project and adjacent vacant parcel), and selected a development partner (Roundstone Development). The proposed new development will include the following: an 84- unit low income senior apartment complex, a 144-unit low-income housing tax credit rental apartment complex for families, and a total of 25 for-sale single-family homes and duplexes. The project "40I�I hPis being developed in phases Pending availability of finanninry A number of fiRaRGORg ;-;Pd- ° .and construction of the first phase (family apartments) began in 2013. The CRA is committed to realizing the community's objectives as articulated in the Southwest Plan, and has dedicated significant resources to this effort. The creation of jobs and the opportunity to increase incomes of residents in the Southwest Neighborhood is an important objective for the revitalization of the area and the enhancement of the residents' quality of life. deyelepmon+ of the -DBHA h9IdiRg6. A number of funding sources are being utilized to finance construction of the project, including tax credits administered by the Florida Housing Finance Corporation (FHFC). The tax credit application for Phase I (Village Square Family) required a $100,000 match from a local governmental entity. At the meeting of November 18, 2010 the CRA approved a Grant Funding Agreement to provide that match. In 2011, the CRA Board approved a Loan Commitment Letter authorizing $2.7 million in gap funding for Phase 11, the low income elderly apartments (Village Square Elderly). The loan closing is anticipated in 2014. 81 Also in 2011, associated streetscape improvement projects funding by a Palm Beach County grant and CRA dollars were completed. The CRA's future involvement may also include assistiRg the D$HA. Op the redey pment of the former ('-'— Estates on property ewned by the f1BH as yVell as down r elc�rrr r-vr �vmTCi�urPCiz�aucca-vri-prv�cr�y--vvvTCa .rarcn�.r payment subsidies for the workforce housing units included in the for-sale component of the development. Project Description • Demolition of Carver Estates Public Housing project and development of a new wed Mr--A-Me-community that will provide housing for low and moderate income families as well as market rate housing . • Inclusion of recreational and community components including an employment training center. • Beautification of SW 12th/Auburn/SW 14th Avenue and streets adjacent to the development. Project Participants and Administration • The project will be developed and implemented by the Delray Beach Housing Authority development team, with assistance from the CRA, the City of Delray Beach and Palm Beach County. • Other participants in the project may include, but are not limited to the Delray Beach Community Land Trust, neighborhood associations, professional consultants and interested residents and businesses. Funding Sources • The SB#A development partnership will be the primary funding source for redevelopment of their property, with CRA and City grants/subsidies as well as grants/subsidies from other entities used to augment local funding. employment training genter gnmpnnent The CRA may also elegt to participate in assis+inn participated whin funding the beautification of the adjacent rights-of-way. • The CRA may provide down payment subsidies for workforce housing units. Project Schedule • Demolition of Carver Estates Public Housing project e-bewas completed in 2008. }�, • Rea Jeayelnpment of the ('ardor Estates property is antigipated to begin in ),�startiR g;;PTth t gnn�t�ckicrrv�th�Za°cnr'TV�rva�n g gTfGTIT gnrrespnnrJing phases of the prniegt • Phase I - 144-unit low-income housing tax credit rental apartment complex, currently under construction and to be completed by 2015. • Phase 11 - Construction of the 84-unit low income senior apartment complex to begin by 82 2015. • Phase III - 25 for-sale single-family homes and duplexes to be constructed as financing becomes available. #2.8: West Settlers Historic District/Spady Museum Background In 1996, the City of Delray Beach created a fifth historic district called the West Settlers Historic District. The area, north of West Atlantic Avenue and bounded on the east by NW 3rd Avenue, on the west by NW 5th Avenue, and on the north by NW 2nd Street (MLK, Jr. Blvd.), is the site of Delray's first churches—Mount Olive Missionary Baptist Church, St. Paul's AME Church (originally Mt. Tabor Church), and the House of God—as well as Delray's first pioneer family settlement. Many homes in the area date from the early 1900's. In 1995, a group of Delray residents created Expanding and Preserving Our Cultural Heritage (EPOCH), a nonprofit organization that worked to promote preservation and create a 1 ° cultural museum. EPOCH played an instrumental role in the R creation of both the West Settler's Historic District and the establishment of the Spady Cultural Heritage Museum on NW 5th Avenue, in the heart of the district. i - " In 1997, the City purchased the former home of Palm Beach County's first African American school principal, A i L A N T 1 c A V e N u[ Solomon Spady. The CRA purchased an adjacent vacant lot and subsequently gave it to the City. That same year, the CRA = j `°"" and EPOCH applied for a grant to develop the Spady house o,s„ T into a multicultural museum. Both the City and the CRA provided grant funding to develop a plan for the museum. In 1997, the State of Florida awarded the CRA, on behalf of EPOCH, a $150,000 historical preservation grant to remodel the Spady Museum. In 1999, Palm Beach County awarded a $100,000 grant to the Spady Museum. Funding from the City and the CRA brought the total for the first phase of the Spady Museum to $400,000. The CRA administered the grants and oversaw the construction work. In 1999, the CRA relocated a historic Arts & Crafts style Bungalow, known as the Munnings Cottage, to the Spady campus. In 2011 the structure was reconstructed to provide space for cultural programs for children and others. In 2009, the CRA expanded the Spady campus by acquiring the property located at 182 NW 5t" Avenue to provide additional space for office and administrative functions. In 2011, the CRA also expanded the museum parking lot to accommodate additional visitors along NW 5t" Avenue. In addition to encouraging commercial redevelopment within the West Settler's Historic District, the CRA also wishes to maintain the character of the area through the preservation of historic residential structures. Over time, many of the historic homes in the West Settler's district were lost due to demolition after falling into disrepair, creating a need to provide for the 83 preservation of the remaining homes whenever feasible. In addition, displaced historic houses from other areas of the CRA district may be relocated to vacant lots throughout the West Settler's area to add to the historic character of the district. The CRA also created the West Settler's Grant and Loan programs to aid in the restoration of the remaining historic homes in the area. In 2003 the CRA established the West Settler's Advisory Board, a community-based board that advises the CRA on activities and funding priorities for the district; to date, they have reviewed more than 13 grant and loan applications, and provided several other recommendations for the area. In 2000, the CRA acquired the Franklin House, an historically contributing structure, located at 120 NW 4t" Avenue. In 2009, the CRA issued an RFP, offering the home to any group willing to restore it and resell it at an affordable price, in an effort to save the structure from demolition. The bid was awarded to Stuart & Shelby Construction, who renovated and expanded the house in 2011. The home was subsequently sold to an income-eligible buyer through the Delray Beach Community Land Trust. Project funding came from a variety of sources, including a grant and loan from the CRA, private loans and donations, and donated professional services. In 2004 the CRA acquired the historic La France Hotel (140 NW 4t" Avenue), the only local hotel to serve minorities during the segregation era, and solicited input from the community to determine alternate uses for the property. As a result of that input, the CRA planned a renovation and expansion project to create affordable rental housing for low-income seniors. Currently, the La France Apartments consists of 14 units, including 8 studio apartments in the original building and 6 one-bedroom apartments in a newly constructed addition. The opening was commemorated with a ribbon cutting ceremony on November 15, 2007. In 2006, the CRA acquired the property located at 133 NW 51" Avenue. The 1959 two- story concrete block and stucco, multi-family structure contains nine apartments and a ground- floor office. The building has been redeveloped into what is now called Carolyn Quince Court, with affordable rental units and an on-site laundry facility for income-qualified residents. The renovation of a mixed use structure, located at 135 NW 51" Avenue, was completed in 2008. The two-story building, owned by the CRA, was renovated to provide four affordable condominium units and two ground-floor commercial bays to help attract additional residents and businesses along the corridor. The Delray Beach Housing Authority has planned a second mixed-use project in the area, on the vacant CRA-owned lot located at 82 NW 51" Avenue. The DBHA plans to construct a three-story building that will provide permanent office space for their organization, as well as affordable residential units for low-income residents. Project Objectives • Elimination of blighting influences. • Redevelopment of a historic commercial area. • Promote historic preservation and maintain the historic character of the neighborhood. • Attract businesses, facilitate job creation and encourage property improvements within the West Atlantic area. • Encourage a mix of income groups in the residential areas. • Provide sites for historic houses displaced by redevelopment. 84 • Increase economic activity for the West Atlantic area through the establishment of a multi- cultural center. • Increase public and private parking to serve the cultural institutions as well as the private development. Project Description • CRA will purchase vacant lots for use for new, low/moderate income housing and for sites for historic homes displaced by redevelopment in the CRA district. • CRA will assist EPOCH and the City in operating and expanding the multi-cultural historic museum and related facilities. = CRA will use various funding to promote redevelopment of residential and commercial structures. = Preservation of the La France Apartments as housing for low income elderly. = Acquisition of property along and adjacent to NW 51" Avenue for redevelopment and parking. Project Participants and Administration • Some aspects of the project will be administered by the CRA; in other cases the CRA will assist the City and other entities in the implementation. • Other participants may include, but are not limited to, the City, EPOCH, WARC, the West Settlers Advisory Board, the churches in the district, private property owners, and others. Funding Sources • CRA will fund the acquisition of vacant lots for parking, redevelopment, and historic home preservation. • City and CRA will assist, to the extent feasible, the continued development and operation of the Spady Museum and related facilities. • A number of CRA grant and incentive programs are available to provide assistance to businesses and private property owners to assist with property improvements, help attract businesses and encourage job creation. • Other sources of funding may come from grants and private investment. Project Schedule • The project began in FY 1996/1997. • Rehabilitation and expansion of the La France project was completed in 2007. • The rehabilitation of Carolyn Quince Court was completed in 2008. • The rehabilitation of the West Settler's Building was completed in 2008. • Grants for rehabilitation of historic structures are ongoing. #2.9: Affordable/Workforce Housing Program 85 Background The Community Redevelopment Agency began to address the issue of affordable housing in 1992, focusing on the development of infill housing on the numerous vacant lots located in the neighborhoods north and south of West Atlantic Avenue. In 1995 the CRA became a partner in the Renaissance Program, which provides single family homes for first time buyers. This program has been extremely successful, resulting in the delivery of more than 170 homes to low and moderate income families. However, in recent years the supply of available vacant lots began to dwindle and land values escalated significantly as a result of redevelopment activity in the neighborhoods and surrounding areas, making it increasingly difficult to deliver affordable housing to eligible families through this program. In addition, the program used down payment subsidies to help make the homes affordable. The subsidies were subject to a mortgage that restricted the resale of the homes for a designated time period (10 years), after which the owners could sell the homes at market value. Eventually these homes were no longer affordable to low/moderate income households, and the amount of the subsidy necessary to bridge the gap between what a buyer could pay and the price of the average home continued to increase. When work began in 2000 on creating a Downtown Master Plan to address redevelopment from I-95 to the beach, participants in the process cited the rising cost of housing as a major concern. Redevelopment efforts in the central part of the downtown had already resulted in substantially higher land values and rents, which had spread beyond the commercial area into the surrounding neighborhoods. In anticipation of the Downtown Master Plan leading to a similar outcome for the West Atlantic area, a subcommittee was formed to address the issue of affordable housing. This group of residents and staff people, who were assisted by the FAU/FIU Joint Center, met on a regular basis to examine methods used by other cities to create affordable housing. Those meetings resulted in a publication by FAU/FIU entitled "Development Without Displacement", which outlined a number of programs and approaches that could be implemented to maintain affordability throughout the redevelopment process. The subcommittee was particularly impressed by results that had been achieved in other cities through the creation of Community Land Trusts (CLT). CLTs ensure long term affordability by continuing to own the land that the units are built on, thereby taking escalating land costs out of the equation. Owners are limited in the amount of return they can receive from their homes upon resale, which also helps to keep costs low. In 2006 the Delray Beach Community Land Trust (DBCLT) was established, and is governed by a nonprofit board comprised of community stakeholders, DBCLT homeowners, and representatives from organizations involved in the delivery of affordable housing. The CRA donated land and provides significant administrative dollars to operate the DBCLT. Another method of increasing the supply of affordable and workforce housing is to provide incentives to developers to encourage them to build affordable units. This can be achieved through measures such as density bonuses, whereby permission is granted to build additional units provided that some of the units are made available to low/moderate income households. This approach was supported by the participants working on the development of the Southwest Neighborhood Plan, to be applied to the RM-zoned area south of Atlantic Avenue to SW 2nd Street. In December of 2004 the City adopted the "Family Workforce Housing Ordinance" providing for density bonuses in the southwest neighborhood, including the Carver Estates property. This ordinance was later amended to expand the areas eligible for the density bonuses to other multi-family zoned areas of the City. 86 In several instances the CRA has combined its objective of eliminating slum and blight with its goal to ensure an adequate supply of decent affordable housing by purchasing neglected multi-family buildings and renovating them. On NW 5th Avenue, two buildings were renovated (Carolyn Quince Court & West Settlers Building) ar° "nd°rnninn to accommodate low/moderate income households. Carolyn Quince Court provides rental units and the West Settlers Building provided 4 for-sale residential condominium units with 2 commercial bays facing NW 5th Avenue. A third, the La France Apartments (formerly La France Hotel) has been ^ p;etely renovated and expanded to provide housing for low income elderly tenants. In 2011, the renovations to the Palm Manor Apartment Complex were completed and in 2013, 5 duplexes on SW 12th Avenue, between SW 2nd and 3rd Streets, were renovated. These rental units provide much needed attainable housing to very low, low and moderate income households. The CRA also provided funding to the Housing Authority to purchase property for the redevelopment of the Carver Estates public housing project, °per' is, aim^ PaFti^Ina+,r^ OR the vvSty n-f-v^r�Ste Fttizu�vt vttFi-° imr�rn"°m°n+c ��n^ice+°,� ,^,i+h +h a+ r,rni°^+ (now known as the Villages of DelFa ,Village Square). A number of funding sources are being utilized to finance construction of the project, including tax credits administered by the Florida Housing Finance Corporation (FHFC). The tax credit application for Phase I (Village Square Family) required a $100,000 match from a local governmental entity. At the meeting of November 18, 2010 the CRA approved a Grant Funding Agreement to provide that match. Phase I is under construction. In 2011, the CRA Board approved a Loan Commitment Letter authorizing $2.7 million in gap funding for Phase 11, the low income elderly apartments (Village Square Elderly). The loan closing is anticipated in 2014. Also in 2011, streetscape improvements associated with the project were completed. As redevelopment continues on West Atlantic Avenue and into the northwest and southwest neighborhoods, affordable housing issues will need to be addressed in a variety of ways and through partnerships with other agencies and entities. Program Objectives • Stabilize and preserve neighborhoods through redevelopment and the elimination of blight. • Provide decent, affordable/workforce housing for residents who are of very low to moderate income level. • Assist homeowners in relocating as a result of CRA redevelopment projects and land acquisition. • Create housing opportunities for a mix of ages and income levels within the CRA district. • Encourage the creation of affordable housing by the private sector. Project Description • Establish partnerships with other agencies and entities such as the City of Delray Beach, the Delray Beach Housing Authority, the Delray Beach Community Land Trust and others as appropriate to combine land, funding, and other resources for affordable/workforce housing delivery. • Acquire property for the construction of new affordable/workforce housing, to be developed either privately through an RFP process or by the CRA in partnership with other housing providers; acquisitions will focus primarily in the Southwest Neighborhood, where the land 87 values and zoning offer the most feasibility for maintaining affordability; a particular focus will be the acquisition of additional properties in the 100 block of SW 14th Avenue in order to upgrade housing conditions in the area and create new affordable housing. • Provide relocation assistance as necessary for residents displaced through the CRA's redevelopment projects. • Provide subsidies to assist income-qualified buyers in obtaining affordable housing. • Include an affordable/workforce housing component in the redevelopment of the�� RA- e�ed " $PeFties k9rvatea� c9p this., i+h sided .,f\A/ 4+I.aPtin 4yeP > h-ebA4eep C\A/ Q� vccr err ovum crarrcrvTCrcrn 48t � en s (SVV ot'yeRep,Feperties), ag�' At#c=r CRA-owned locations where appropriate. • Support programs and mechanisms that ensure long term housing affordability, such as the Delray Beach Community Land Trust. • Support zoning changes and LDR amendments that will help to create affordable housing that is compatible with and complementary to adjacent neighborhoods. • Make funding available for the substantial renovation and rehabilitation of existing affordable units, particularly where such renovations include the removal of parking that backs out directly onto streets, fagade upgrades, and landscape improvements. The CRA may also provide architectural assistance and infrastructure improvements (i.e. creation of an alley to relocate parking to the rear) as a part of this program. In exchange for the assistance, owners must agree to maintain affordability and/or improvements, as applicable, over a specified time period. Project Participants and Administration • Participants include the CRA, the City, the Housing Authority, the DBCLT, other local nonprofit agencies, the County, and others as appropriate. • Private developers and landowners will also be involved. Funding Sources • Potential funding sources include the participants named above. Project Schedule • 4n96106 4inn of pFepeF4ies aInnn 9 Al 1 ilk 4yep,io is nnnninn • Delray Beach Community Land Trust established 2006 — CRA support is ongoing. • Affordable housing incentives (deRSity be;,Fs p nWorkforce Housing Ordinance) adopted in 2004; amendments-t-ewill be made as needed. • DCD fp-r Oho 2-\Al a yeR 1e p F 9 p rtie6 t b-ea ay.g A—F-I orJ ire 70 0R • Additional acquisition and redevelopment of land for affordable/workforce housing throughout the CRA District is t, ongoing. #2.10: Carver Square Neighborhood 88 i « „ Background Carver Square is a residential subdivision within the Southwest Neighborhood that is bordered by SW 2nd Street to the north, SW 3rd Street to the south, SW 7t" Avenue to the east and SW 8t" Avenue to the west, bisected by both SW 2nd Court and SW 2nd Terrace. The subdivision comprises a total of thirty lots, each approximately 5,300 square feet in size. Engineering reports conducted in the project area indicate that there may have been a pond covering a portion of the site in the 1950's, and that the site was utilized as an informal dump in the 1960's. It appears that the area to the north of SW 2nd Court was developed in the 1960's and that the lots to the south of SW 2nd Court were developed during the mid 1970's. The area's newest homes were built in the early 1980s. Accurate and specific details as to the exact location of the dump site and pond have been difficult to obtain with the majority of information being supplied through aerial photographs, soil analysis and geotechnical research, building records as well as verbal communication with area residents and city personnel. As a result of previous land uses, the homes built on these lots began experiencing settlement issues in the mid to late 1980's. In 1988, the City of Delray Beach contracted Nutting Engineers of Florida to conduct a detailed site assessment and geotechnical investigation of the neighborhood area. The engineering report specified the conditions of the soil and the effects of the instability to the existing structures. The report also provided recommendations as to mitigation methods to prevent or at least lessen the ongoing effects of the settling soil. Since 1988, the soil has continued to settle, with the extreme cases resulting in the condemnation and razing of several homes. The condition of many of the homes reflected major soil settlement and structural damage. The majority of the houses experiencing extreme instability and structural damage were located between SW 2nd Court and SW 3rd Street. The homeowners exhausted all legal avenues of liability compensation and structural mitigation. The low to moderate incomes of these residents added to the financial burden these soil conditions have caused. In 2004 the City asked the CRA to address the conditions in Carver Square. On February 24, 2005, the CRA Board approved a purchase plan for the acquisition of both the houses and vacant lots within the designated area for the Carver Square Neighborhood (between SW 2nd Ct. and SW 3rd St.). At the same meeting the Board directed staff to begin individual discussions with the home owners in order to determine the specific amounts and levels of assistance needed by the property owners in order to find suitable replacement housing. The discussions resulted in the development of the relocation plan which was initially approved at the April 28, 2005 meeting of the CRA Board. Under the plan the residents had until April 28, 2007 to completely vacate the premises. The plan has been implemented successfully. By the end of 2006 the vacant lots and remaining homes which had incurred structural damage as a result of settling issues were acquired by the CRA. In 2008, Tthe structures h°were demolished and the soil remediation plan to stabilize the sub-surface conditions were completed_p6it PI under Florida's Brownfield Program to ltimately Af deVeIGPORg affnFdable SiRgle f�umriy hGR;CS GR trhr°;vty Subsequent to the remediation in 2008, groundwater sampling was conducted by the CRA's environmental engineering consultant (GFA International); however the concentrations of 89 iron and manganese in the groundwater sampling were not at a level to enable the Florida Department of Environmental Protection (FDEP) to close the project and allow the site to be redeveloped without further controls. Based on the CFA's Groundwater Sampling Report — Year 2, Quarter 3, dated November 10, 2011, there was a concern that the compounds in the soils beneath and along the south side of SW 2nd Terrace may be leaching from site soils and contributing to elevated concentrations of iron and manganese in groundwater in this portion of the site. It was determined that additional remediation activities may be necessary involving a combination of source removal and ground water infections. On January 31, 2012, the FDEP approved a Site Specific Activities grant requested by the CRA for additional site assessment and limited source removal. FDEP utilized one of their environmental engineering consultants/contractors (Tetra-Tech, Inc.) to conduct additional soil and groundwater assessment and prepare a Remedial Alternative Evaluation, providing source removal options for the CRA. The result of the additional assessment indicated that there was a laver of solid waste debris between 4 to 6 feet in depth within the SW 2nd Terrace right-of-wav that could be contributing to the increased iron and manganese levels. As a result of the findings, a Remedial Action Work Plan was prepared and approved by FDEP in April 2013. In May 2013, Tetra Tech conducted a source removal of soil and debris from beneath the impacted portion of SW 2nd Terrace. The asphalt, water and sewer mains were removed from SW 2nd Terrace and properly disposed at a certified landfill. In addition 750 tons of soil and debris were removed from beneath SW 2nd Terrace and disposed at a certified landfill. Any soil not impacted with debris was staged as overburden and replaced in the excavation area; in addition to the overburden 720 cubic yards of certified clean backfill was also used to bring the excavation area to grade. In addition, three monitoring wells used in the quarterly monitoring program that were in SW 2nd Terrace (two shallow wells MW-3R and MW-4R and one deep well MW-7D) were destroyed during the source removal activities. In October, 2013, subsequent to issuing a Request for Bids, the CRA entered into an agreement with Environmental Assessments & Consulting for the installation of the groundwater monitoring wells and associated quarterly testing. The CRA is projected to issue an RFP for the purposes of developing affordable single family homes on the lots, once the FDEP issues a "No Further Action" letter to close the project and allowing the site to be redeveloped without further controls. Project Objectives • Eliminate the condition of slum and blight in the neighborhood caused by the soil settlement problems. • Provide an opportunity for the eXiStiRg residents/home owners to obtain replacement housing (completed). • Remediate the affected soil area in order to provide land for future housing or green space. Project Description • Project is located within the affected areas including, but not limited to, the properties bordered on the north by SW 2nd Street, the south by SW 3rd Street, the east by SW 7th Avenue and the west by SW 8th Avenue. 90 • Phase One included the conducting of soil tests to examine the content and stability of the soil and to assess if there are any environmental hazards. Based upon the outcome of the tests, and the estimated cost to address the problem, the CRA board decided to proceed with Phase Two. • Phase Two °^dpof the project involved the determination of a strategy for addressing the problem—and relocating residents. This Phase included: • Acquisition of damaged homes and vacant lots (refer to Appendix for map). • Home owner relocation assistance. • Demolition of all structures. • Phase Three includes environmental testing ci+o imnrn"omon+c and remediation of the soil utilizing stabilization materials and methods specified by geotechnical engineers. ;;nni;;l assmstaprue—Hp the fG.-m of In�n��an+S fnr t�iromorJi�+inn n a ely Trr-vr�varr" "� y�`^��` �vr rcnTCC�rcry cc GWRed nrnnor+ioc • Phase Four will include construction of new affordable housing units as conditions allow. Project Participants and Administration • The project will be administered and coordinated primarily by the CRA. • Participants in Phase One included the CRA, the City of Delray Beach and the Florida Department of Environmental Protection (FDEP). • Participants in Phase Two and Three included the Delray Beach Community Redevelopment Agency (CRA), the City of Delray Beach, the TED Center, the Delray Beach Community Development Corporation (CDC), and the Delray Beach Community Land Trust. • Phase Three participants include the CRA, City of Delray Beach, Florida Department of Environmental Protection (FDEP), environmental testing firms and the South Florida Regional Planning Council (SFRPC). • Phase Four participants may include the CRA, the Delray Beach Community Land Trust (CLT), the City of Delray Beach,. Habitat for Humanity and private homebuilders. Funding Sources • The CRA and the Florida Department of Environmental Protection (FDEP)-provided funding and testing services for Phase One. • Funding sources for Phase Two ;;Ad Phase Three may included the CRA, City of Delray Beach, the cni i+h RerirJa Re inn�l Dl�nninn GG innil (SFR LG4and, the Delray Beach rn.. wcrm�--rvrracr—r-c Community Land Trust (CLT)_ and I I°hi+a+ fnr I--li Magi+., • Funding sources for Phase Three include the CRA and the South Florida Regional Planning Council (SFRPC) • Funding sources for Phase Four may include the CRA, the City of Delray Beach, the Delray Beach Community Land Trust, Habitat for Humanity, and private home builders. Project Schedule • Phases One and Two--are completed. 91 mss- =_Phases Three fir: In 2008, the structures were demolished and the soil remediation plan implemented under the Florida's Brownfield Program to stabilize the sub-surface conditions, and includes groundwater monitoring. In 2013, additional soil remediation related to SW 2nd Terrace was completed and groundwater testing conducted. °r^;°^+ �� G9R;PIeti9;--byz9-8—ae,l remediat+e.p apd trans#e.r of the lets to the -PelFay BeaGh = Phase Four: Issue RFP to redevelop the lots for affordable single family housing. #2.11: Cultural Loop/Martin Luther King Jr. Drive Project Background The Delray Beach Cultural Loop was initiated in 2003 by Pineapple Grove Main Street, a non-profit art district, in conjunction with the Delray Beach Cultural Alliance. The purpose for establishing this route of cultural influence was to provide an opportunity to showcase the history and culture of Delray Beach in those areas both East and West of Swinton Avenue. The route generally consists of: NW 2nd Street (Martin Luther King, Jr. Drive) and NE 2nd Street to the north, NE 2nd Avenue (Pineapple Grove Way) and SE 2nd Avenue to the east, SE and SW 2nd Streets to the south, and NW and SW 5t" Avenues to the west. The idea is to develop a walking trail and riding tours to visit and become aware of the history of the people, commerce, and nature of Delray Beach contained around and near the Cultural Loop. Streetscape improvements have been completed along sections of the Cultural Loop. The most significant are the improvements to the NW/SW 5t" Avenue corridor and the Pineapple Grove Arts District. The segments of the Loop in the commercial areas are being improved as redevelopment has occurred. However, additional attention is needed along the residential segments of the Loop, especially Martin Luther King, Jr. Drive and SW 2nd Street. In 2006, a Steering Committee consisting of a variety of community stakeholders was established to study various alternatives for the beautification of the Martin Luther King Jr. Drive corridor (NW/NE 2nd Street), between the I-95 sound barrier and the Intracoastal Waterway. In 2008, the CRA Board began preliminary design work associated with the beautification project. In January 2009, the design consultants presented a conceptual plan for the corridor to the Steering Committee, which was later approved by the City and CRA. The improvement plan includes street beautification, street lighting, low voltage landscape lighting, landscape and irrigation, two public plaza areas, commemorative public art features, new sidewalks where needed, plaques with quotes by Martin Luther King, Jr. and, street identification signs. Construction began in the fall of 2010. Project Objectives • Elimination of blighting influences. • Provide for better pedestrian circulation and connectivity between the cultural institutions of downtown Delray Beach. 92 • Improve on visual and aesthetic appearances of the area around established cultural icons within the downtown area of the City thus attracting pedestrian traffic to the area to stimulate economic activity. • Installation of art displays and features along the Cultural Loop. Project Description • Improve the street appearance by beautification and provide initial maintenance in cooperation with the City. • Improve pedestrian and vehicular safety through the installation of traffic calming measures as well as the installation of lighting and sidewalks, where needed. • Upgrade drainage where needed. • Acquire property along the Cultural Loop and Martin Luther King, Jr. Drive, as needed to accommodate components of the streetscape beautification plan. Project Participants and Administration • Most aspects of the project will be administered in cooperation with the City and other entities in the implementation. • Other participants may include, but are not limited to, the City, EPOCH, Delray Old School Square, Delray Beach Cultural Alliance, Delray Art Advisory Board, WARC, Pineapple Grove Arts District, the West Settlers Advisory Board, and others. Funding Sources • The City and CRA will provide funding for preparation and implementation of the plan, including any outside consulting services that are necessary. • Other sources of funding include Palm Beach County, as well as public and private grants. Project Schedule • The project began in FY 2003/2004. • niRal GGFn;Iet+e f thcConstruction #er of the Martin Luther King Jr. Drive streetscape beautification project Ts ssned led f 4e beF 15, 2944, between NE 1St Avenue and NW 12th Avenue, -and an associated reclaimed water main project were completed in 2011. • The deSigR f^rConstruction of the SW 2nd Street beautification (between Swinton Avenue and SW 151h Avenue) 06 GRgGiRg. project was completed in 2014 by the fill ^f'x l'1 • Construction of Phase II of the Martin Luther King Jr. Drive streetscape beautification project, between NW 12' Avenue and the 1-95 sound barrier, is scheduled for completion in 2016. 93 #2.12: Redevelopment of Old Library Site Background In July of 2003 the City, CRA, and Delray Beach Public Library Association, Inc. entered into a Tripartite and Interlocal Agreement providing for the relocation of the public library from SE 4th Avenue to CRA-owned property on the south side of West Atlantic Avenue, between SW 1st and SW 2nd Avenues. The Agreement and subsequent amendments allowed for the exchange of the CRA-owned site with the City-owned library property. The intent was for the CRA to issue a Request for Proposals (RFP) for the redevelopment of the old library property, as well as the adjacent City parking lot and the Chamber of Commerce property (also owned by the City). The Interlocal Agreement stated that at the time the properties were sold to a developer, the CRA was entitled to receive the first $1.7 million of the sale proceeds. This amount was equivalent to the appraised value of the West Atlantic property the CRA had provided for the new library. The City would receive the remaining proceeds from the sale. The library relocated into a new building on the West Atlantic site and the CRA issued an RFP for the CRA and City-owned properties, which collectively became known as "The Old Library Site." Two proposals were submitted and the CRA selected Coastal Properties (later to become Old Library Development LLC) as the developer of the site. There were several issues that had to be negotiated, including relocation of the Chamber of Commerce and replacement of public parking that is currently on the site. On September 20, 2007, the CRA board voted to approve a $315,450 contribution to the City to relocate the Chamber of Commerce into the commercial space on the ground floor of the newly constructed parking garage adjacent to Old School Square. An agreement between the City, the developers, the CRA, and the Chamber of Commerce regarding the details of the Chamber relocation and replacement of the public parking spaces, known as the Chamber Relocation and Public Parking Space Agreement, was approved by the Board at the CRA meeting of February 14, 2008. At that same meeting the board also approved the Purchase and Sale Agreement between the CRA and Old Library Development LLC. As a condition preceding the closing on the property, a separate agreement must be prepared that will include details regarding the long term maintenance and management of the replacement parking spaces. On October 9, 2008 the City transferred ownership of the parking spaces and Chamber of Commerce site to the CRA, and shortly afterwards assigned the City's lease with the Chamber to the CRA. Shortly after the execution of the Agreement economic conditions worsened to the point that the project was not feasible under the stated terms. Several extensions were granted but conditions did not improve to the point where the project could not move forward without substantial revisions, and the contract was terminated in September 2012. On November 20, 2012, the City Commission approved the Tri-Party Agreement. between the CRA, City and the Chamber of Commerce for the Permanent Conveyance of Real Property at the Old Library Site. As part of the Agreement, the City provided for the release of the original reverter clause, thereby permanently conveying title for all associated parcels to the CRA. The CRA is to pay for the land pursuant to the terms stipulated in the agreement. The CRA also agreed to contribute toward the relocation of the Chamber of Commerce offices to City-owned space in the Old School Square Garage, and to reimburse the City their cost of constructing that space. In addition, the CRA agreed to create and maintain fifty (50) code compliant public parking spaces on the redevelopment site or within 300 feet of the City parcels. 94 In 2013, the CRA issued an RFP for the redevelopment of the site. Four (4) responses were received and the on August 22nd, 2013, the CRA Board selected the proposal submitted by Delray Beach Holdings, LLC (iPic Entertainment) for the construction of a mixed-use development consisting of a theater, office and retail space, and associated parking. As a condition preceding the closing on the property, a separate agreement must be prepared that will include details regarding the long term maintenance and management of the minimum 50 public parking spaces. Project Objectives • Eliminate slum and blighted conditions by replacing the obsolete library and Chamber of Commerce buildings with a new, modern development project. • Ensure the continued availability of public parking in this block. • ;nGFease th��;a �r -;;Rd types of hQte;�Ts ap;L-QEncourage entertainment venues such as movie theaters to complement the dining and retail that exists in the downtown core. • Encourage the development of new office space to create job opportunities in the CBD. • Provide economic stimulation and investment in the CRA district. • Improve marketability of, and demand for, downtown retail shops. • Increase and sustain downtown nightlife. Project Description • The development site is slightly more than 1.5 acres in size and located approximately 170 feet south of E. Atlantic Avenue. It is bordered by SE 4th Avenue to the west and SE 5th Avenue to the east. • The selected development proposal includes a combination of hetettheater, office, r°�+°Nand retail uses, as well as a public plaza area . • A combination of private and public parking will be provided in an attached structure aton the segterwest side of the development. • A sections of the north/south °n,c alley within the block will be abandoned to accommodate the redevelopment. Project Participants and Administration • Project is primarily administered by the CRA. • Other participants include the City, the Chamber of Commerce, and the development team. Funding Sources 95 • Per the er ^°t+ep AgTeereentthP- Q��s;espGRs+k le—fer pay;,;g—the City $314250 to s innlemon4 the rusts �ccnri�4or! vVith the rolnna4inn o •The Development Team is funding the costs to design and build the project. The g FaRt and ORGeRtiye 11r/•grams fGF Whinh the pF((eGt qualifies. • The CRA paid the costs to acquire the land from the City and to reimburse the City for the costs to construct the space in the Old School Square garage for the relocated Chamber of Commerce offices. • The CRA paid the costs to build out the Chamber office space, $250,000 of which is to be repaid by the Chamber over a 15-year period pursuant to the Agreement for Relocation between the CRA and the Chamber of Commerce. Project Schedule • The RFP was issued and the developer was selected in 28962013. • The Purchase and Sale Agreement with Delray Beach Holdings, LLC was executed in 28962013. • Closing and start of construction is scheduled for 28122015. 96 C. GROUP 3: COMMUNITY IMPROVEMENT PROGRAMS # 3.1: Curb Appeal Residential Improvement Program Background The Curb Appeal Residential Improvement Program was created in 2007 in order to address a need for property improvements in residential areas within the CRA District. The program helps eliminate slum and blighted conditions by providing financial assistance for exterior improvements to property owners in the Northwest and Southwest neighborhoods. Minor improvements, such as fresh paint, landscaping, and driveway repairs, have the potential to dramatically impact the visual appearance of single-family units and their surrounding areas in a positive manner. Program Objectives • Enhance the physical appearance of residential structures within the CRA District. • Eliminate and prevent the spread of slum and blighted conditions. • Increase property values in residential neighborhoods within the CRA District. • Stimulate private investment in residential areas within the CRA District. • Stabilize residential areas within the CRA District by encouraging owner-occupancy and long-term tenancy. Program Description • Expenses for minor exterior improvements are eligible under the Program, as determined by the CRA board. • The program will be available in the Northwest and Southwest Neighborhoods of the CRA District; specific priority areas within these neighborhoods may be designated by the CRA board. • Owner-occupied and tenant-occupied single-family units that meet established requirements will be eligible to receive assistance through the program. 97 • The CRA Board will maintain policy guidelines regarding award limits, income eligibility, eligible improvements, and designated priority areas. Program Participants and Administration • The CRA and City will collaborate to market the program in the CRA District and any designated priority areas. • The program will be fully administered by the Community Improvement Department within the City of Delray Beach. • The CRA Board will approve final grant applications and funding amounts for each grant awarded. • Other participants include contractors, property owners and the City of Delray Beach. Funding Sources • The CRA provided an initial $50,000 allocation for FY 2007/2008. • Additional program allocations will be determined annually during the budget process or at the discretion of the CRA on an as-needed basis to maintain program funding. Program Schedule • The Program was implemented in FY 2007/2008 and is ongoing. # 3.2: Site Development Assistance Program Background Redevelopment projects occurring within the CRA District have the potential to greatly impact both physical and economic conditions within the greater Delray Beach community. Many publicly funded redevelopment projects, including infrastructure improvements and street beautification projects, can provide substantial benefits to an area, but additional redevelopment initiatives must be funded by the private sector. In order to promote these redevelopment efforts, the CRA allocates funds annually to provide limited financial assistance for privately funded projects. The Site Development Assistance Program acts as an incentive for site development improvement within the CRA District, including exterior building upgrades and building expansions. Program Objectives • Encourage private redevelopment initiatives by providing assistance for redevelopment of sites and buildings within the Community Redevelopment Area. Program Description • Provision of grants for partial reimbursement of expenses related to the upgrading or expansion of projects in the CRA district. 98 • In order to assist projects that help to fulfill objectives related to the provision of affordable housing, the CRA may also provide grants to developers paid in annual installments, equal to a percentage of the Tax Increment Revenue received by the CRA due to the increased assessment on the property. • The CRA Board will maintain policy guidelines regarding grant limits, annual payment amounts (based on percentage of TIF revenue), and time frame over which grant is to be paid. • CRA grant funds can be used as a match for other grant programs, such as Palm Beach County's Development Regions Grants, when those programs are available. • Use of the allocated funds for individual projects throughout the CRA area is solely at the discretion of the CRA. Amazing Creations florist (before) Amazing Creations Florist(after) Program Participants and Administration • The program is administered by the CRA. • Other participants may include, but are not limited to, the City of Delray Beach, property owners and project developers. Funding Sources • The CRA will provide the funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • Program was implemented in FY 1991/1992 and is ongoing. # 3.3: Community Activities Sponsorship Program Background Since its creation in 1985, the Community Redevelopment Agency has been asked to participate in and/or provide funding for a number of programs that help build a sense of community in residential neighborhoods or stimulate economic development in the business districts. Expenditures for community projects and programs which further the goals of the CRA are necessary from time to time in order to maintain and promote the CRA's role in community redevelopment. 99 Program Objectives • Maintain a positive and involved role within the community. • Further the goals of the CRA through support of and participation in community initiatives and activities. • Support activities that help stimulate economic development, eliminate slum and blighted conditions and foster neighborhood stabilization throughout the District. Program Description • CRA will provide funds to sponsor ongoing programs that help further specific aspects of the CRA mission, such as the stabilization and expansion of the economic environment within commercial areas, revitalization and rehabilitation of the existing housing supply, community policing initiatives, or further other basic goals of the CRA. • Small grants will be provided to cover a portion of the costs of a program benefiting an identified population in the CRA District. Program Participants and Administration • Sponsorship funds are administered by the CRA. • Other participants may include, but are not limited to, community groups and organizations, public bodies and private not-for-profit corporations. Funding Sources • The CRA will provide the funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • Program was implemented in FY 1991/1992 and is ongoing. # 3.4: Downtown Transit System —The "Downtown Roundabout" Background In 1985, the Atlantic Avenue Task Force presented a report to the City Commission which outlined a list of proposed physical improvements along the Atlantic Avenue Corridor. One of the improvements discussed was the use of a tram system to connect the downtown area to Al A. The notion of a downtown shuttle was further emphasized in the City's Comprehensive Plan, which state dd that the City and CRA would work together to establish a plan for an in-town shuttle system to serve the downtown, Tri-Rail, and the beach. In 1992 the CRA commissioned FAU/FIU Joint Center for Environmental and Urban Problems to give its 100 recommendations on the development and operation of a trolley system in Delray. The report, entitled, "A Downtown Trolley: An Alternative Transportation Mode in the City of Delray Beach", recommended a free, three-trolley system, however funding was not available at the time to implement it. In 1995 the City worked with the Florida Department of Transportation to create a Transportation Concurrency Exception Area ("TCEA") for the downtown. The TCEA designation was necessary in order to stimulate redevelopment of the downtown without triggering a requirement for road improvements that would be impossible to implement due to right-of-way constraints. In order to provide alternative measures to mitigate traffic impacts, the City committed as part of the TCEA to a plan for inner-city transit. The City began offering a free shuttle service named the Downtown Roundabout in January of 2007, using a combination of City and CRA funds. The original vehicles were shuttle buses that were owned and operated by a private company under contract with the City. In 2013 the City purchased four trolley style vehicles using a combination of CRA and FDOT funds, and contracted with a private firm to operate the service. The City is responsible for ongoing maintenance and fuel. By providing a direct link along the Atlantic Avenue corridor between to the rail station and the beach, the shuttle system increases the accessibility of the downtown to the residential neighborhoods east of I-95 and ^+ visitors who ff�a.- wish to utilize the Tri-Rail system for a day at the beach, to visit the Delray Beach Center for the Arts or to shop in downtown Delray. Out of area commuters can also use the trolley to get to their iobs in the downtown. This type of local transportation system can decrease automobile trips throughout the area by enabling people to park in centralized parking facilities downtown and travel to other sections without having to use a car. IR 290T the Gity was ci innoccf it it ebtainiRg a nGmmi+MeRt of gFaRt f 1Rds from Oho h. 0 shuttle, 0 iohinloc 4raVeliRg from 4n 4ho ho;;nh Program Objectives • [Devele Provide an alternative means of transportation between the Tri-rail station and the beach along Atlantic Avenue. • Increase market appeal of the downtown, both to visitors and to new businesses. • Limit automobile traffic trips within the downtown to increase mobility. • Provide additional transportation system for low and moderate income riders in order to facilitate employment opportunities. • Provide an alternative means of transportation in and around the downtown for the elderly. Program Description • Phase One shall be the implementation of the shuttle system for a three-year period_ 101 • Phase Two shall be an assessment of ridership and determination of future system needs and funding sources. Program Participants and Administration • Participants in the project may include, but are not limited to, the City, CRA, South Florida Regional Transportation Authority (SFRTA), and the MPO. • Other participants may include the DDA and the Chamber of Commerce, SewAtewn-Delray BeachMarketing Cooperative, Palm Tran, and other State and Federal agencies. Funding Sources • Funding for the initial operation during the grant period shall hewas by the City, the CRA, and the MPO. F=61RdiRg 6961FG-PSf„ � le System shall be determiped—Ongoing funding sources shall be comprised of CRA, City, SFRTA, FDOT and other sources as available. • Additional revenue opportunities shall be explored such as ridership fares, advertising and sponsorships. Program Schedule • Phase One began in 2007 and is ongoing. • Phase Two began in 2007 and is ongoing. # 3.5: Business Development Program Background Increasing economic activity within the Community Redevelopment Area is a major objective of the overall Community Redevelopment Program. CRA investments in local business opportunities can have positive impacts on employment, the tax base, and the physical environment, all of which are positive steps toward the elimination of slum and blighted conditions. While many other CRA programs seek to increase economic activity within the CRA district, the Business Development Program focuses its efforts on generating and sustaining business activity. The primary goal of the program is to facilitate small business development and generate job growth within the Community Redevelopment Area, particularly in the West Atlantic Redevelopment Area. The program is designed to encourage and assist small businesses by subsidizing their rent during their critical first year of operation. It provides additional benefits to the local economy by reducing the amount of vacant commercial space within the area. Higher occupancy rates not only improve the overall appearance of the area, but also contribute to the development of a critical mass of activity, through which individual business operations help attract customers for each other. Program Objectives • Provide economic stimulation to the area. • Increase business opportunities. • Increase employment opportunities. 102 • Decrease vacancy rates of commercial space within the CRA District, particularly in the West Atlantic Redevelopment Area. • Reduce slum and blighted conditions. Program Description • CRA will pay a portion of the business's rent for twelve months during the first eighteen months of a multi-year lease. • The CRA Board shall maintain policy guidelines regarding types of assistance, the area served, funding limits and eligibility requirements. • In general, assistance will be reserved for uses that reinforce and further the redevelopment strategy and goals for the respective geographic sub-area and for businesses that conform to the City's Land Development Regulations. • The CRA Board maintains the right to make decisions on a case-by-case basis at its sole and absolute discretion. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include Local, County, State and Federal Agencies, non-profits, private foundations, businesses and landlords. Funding Sources • The CRA will provide funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. Program Schedule • The program was implemented in FY 1994/1995 and is ongoing. #3.6: Historic Facade Easement Program Background The preservation of historic structures in the Community Redevelopment Area is a major objective of the overall redevelopment program. Historic preservation is important both economically and culturally and can be used as a tool to eliminate slum and blighted conditions. Historic downtowns are generally more successful if their buildings are preserved, rather than demolished. A well preserved historic downtown can be marketed as a unique place for people to work, shop, eat and congregate, which enhances the social and economic vitality of the area and increases the property tax base. The Historic Fagade Easement Program allows the CRA to use historic preservation as a redevelopment tool. Through this program, the CRA may purchase the facade of a historic structure for a portion of the cost of exterior improvements or structure relocation. The property owner benefits by initiating exterior improvements at a fraction of the total cost. The public receives the benefit of the resulting physical improvements and the preservation of an historic 103 structure serving as a linkage to the past. Unless located within a designated historic district, the building owner is required to designate the building as a historic site with the City of Delray Beach. The CRA retains ownership and architectural control of the historic facade in perpetuity. Through the Historic Fagade Easement Grant Program, the CRA has been able to assist several business development projects throughout the District. Elwood's Diner, formerly the Flamingo Gas Station, used a $25,000 grant toward the successful renovation and adaptive re- use of the historic structure, transforming it from a defunct gas station into a restaurant. The former Masonic Lodge building on East Atlantic Avenue received a $45,000 historic facade grant, which represented 50% of the cost of rebuilding the facade. The CRA also provided three grants, for a total of $200,000, to the Delray Beach Historical Society in support of the relocation and restoration of three historic structures in the Old School Square Historic Arts District. ® � I Program Objectives • Provide economic stimulation to the CRA District. • Promote historic preservation. • Encourage infill redevelopment through the renovation of existing structures. • Encourage adaptive re-use of historic buildings. • Prevent the spread of slum and blighted conditions. • Increase employment and business opportunities. • Decrease unoccupied or underutilized commercial space within the CRA District. • Stabilize and increase the property tax base. • Strengthen the viability of historic districts within the CRA District. Program Description • Provide capital to property owners to renovate or relocate historic structures through the purchase of a fagade easement, with the purchase money tied to the restoration of the facade. • A property owner utilizing the program has the structure designated a historic site as set forth in the City's Land Development Regulations (Section 4.5.1), unless located within an historic district. 104 • All historic structures within the community redevelopment area could be considered for the program including those historic structures that have been moved from outside the area. • Purchase of historic fagade easements will be considered by the CRA on a case-by-case basis, subject to available funding. • Facade easement purchase money may be used as a matching fund for other grant funding. • The facade easement is superior to any mortgages. • The CRA retains architectural control over the fagade in perpetuity. • The building owner is responsible for maintenance of the facade improvements. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include the City, the Historic Preservation Board, and property owners. Funding Sources • The CRA will provide the funding for the program. • Program allocations shall be determined annually during the budget process or at the discretion of the CRA. • Other funding sources include public and private entities which provide grants for historic preservation. Program Schedule • The program was implemented in FY 1994/1995 and is ongoing. #3.7: Grant Administration Program Background To facilitate additional investment within the Community Redevelopment area, the CRA will apply for and administer grants which complement the redevelopment efforts of the CRA and the goals of the Community Redevelopment Plan. It is anticipated that this additional investment within the CRA district will result in increased opportunities for residents and have positive impacts on employment, housing, the tax base, and the physical environment, all of which are positive steps toward the elimination of slum and blighted conditions. Program Objectives • Provide economic stimulation to the area. • Increase business opportunities. • Increase employment opportunities. • Increase housing opportunities. • Implement projects outlined in adopted Area-wide and Neighborhood Plans. 105 Program Description • The CRA may apply for, accept, provide matching funds, and/or administer grants from Federal, State, and local governmental entities, charitable foundations and groups, and other such organizations as may offer grant funds for the planning and carrying out of redevelopment efforts that support or are consistent with the purposes of the Community Redevelopment Plan. Program Participants and Administration • The program will be administered and coordinated by the CRA. • Other participants include, but are not limited to, Federal, State, and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds, and organizations, businesses or individuals who may participate in the program to receive such grant funds. Funding Sources • Federal, State, and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds. • At its discretion, the CRA may match grants from other entities. Program Schedule • The Program was implemented in FY 1995/1996 and is ongoing. #3.8: Delray Beach Renaissance (First-Time Homebuyers) Program See Appendix "C" for a full description of this program. The CRA's participation in the Renaissance Program was largely discontinued in 2006 as land costs increased at a rapid pace, and priorities shifted to delivering permanently affordable housing through the Delray Beach Community Land Trust. The CRA may opt to continue providing down payment subsidies as described under#2.10 Affordable/Workforce Housing Program. #3.9: Clean and Safe Program Background The downtown area, along Atlantic Avenue between 1-95 and the beach, has been the central focus of a major revitalization effort for several years. The beautification of Atlantic Avenue has contributed to the overall charm of downtown Delray Beach and has added pedestrian appeal to the area. Paver brick sidewalks, decorative lighting, street furniture and landscaping have been installed to make the area more attractive. Parking structures and parking lots have been built in locations convenient to shops and restaurants. Sidewalk cafes have been encouraged to enhance the downtown's appeal. Special events and marketing 106 campaigns have helped generate large numbers of visitors to the downtown as well. This new infrastructure and the increased activity have resulted in the need for increased maintenance and public safety measures to ensure the sustainability of the downtown area. The Clean and Safe Program is designed to build upon previous efforts and set the stage for future initiatives to improve the downtown as a center of business and social activity. Program Objectives • Provide economic stimulation and increase investment in the downtown core. • Improve the quality of cleanliness and maintenance in the downtown, including trash removal, streetscape furniture, lighting, landscaped areas, sidewalks, etc. • Ensure public safety and improve perceptions of nighttime safety for downtown visitors. • Increase nighttime activity in the downtown area. • Enhance visual appearance of existing structures and improve pedestrian accesses to parking areas. • Strengthen the relationship between parking areas and destinations for downtown workers and visitors. Program Description The program may include, but is not limited to, the following elements: • The Clean and Safe Area is defined generally as one block north and south of Atlantic Avenue, from A-1-A to NW/SW 12th Avenue, Pineapple Grove Way from Atlantic Avenue to NE 4th Street, NW 51h Avenue to NW 2nd Street, and NE 4th Avenue to NE 2nd Street. • Increased levels of landscape maintenance, lighting, code enforcement and police patrols in the downtown in order to enhance the area's appearance and increase public safety. • Improved signage for wayfinding and destination recognition. • As an enhancement to the City's CBD Alleyway Program the CRA shall coordinate with the City to develop design plans and implement additional improvements to upgrade municipal parking lots, the appearance of building facades adjacent to alleyways, and provide pedestrian access to parking through alleyways. CRA funded improvements may include, but are not limited to, landscaping, lighting, signage, trash disposal and compactor systems, and special paving where appropriate to denote rear shop entrances and pedestrian circulation, as well as assistance to property owners to improve facades that are visible from heavily trafficked alleyways. Program Participants and Administration • The program is to be primarily administered by the City of Delray Beach. • Other participants include the DDA, Chamber of Commerce, and the Setewn—Delray Beach Marketing Cooperative. Funding Sources 107 • The CRA is the main source of funding for the program, including City positions necessary for the achievement of established Clean and Safe goals such as police officers, code enforcement officers and supervisors, and public works personnel. • CRA funding allocations shall be determined annually during the budget process or at the discretion of the CRA. • Other funding sources may include the DDA, City, Chamber of Commerce and others, as appropriate. Program Schedule • This program began in 1992 and is ongoing. • CRA funded improvements were made to two downtown Municipal parking lots (Blocks 92 & 109) in FY 1992/1993. • Renovation of the Bridge Tender's house was completed in 1993. • Downtown signage program commenced in 1999. • Funding for concentrated maintenance and safety measures began in FY 04/05. #3.10: De1AfMte1ArnDelray Beach Marketing Cooperative Background During the early 1990s, the downtown business district suffered from high vacancy rates, a shortage of pedestrian traffic, an inactive nightlife, and what was perceived to be an unsafe environment. In 1993 the City, CRA, Downtown Development Authority, and Chamber of Commerce collaborated to create the Downtown Joint Venture to market and promote downtown Delray Beach., `"'hiGh is RNow known as the fin—Delray Beach Marketing Cooperative, this 501(c)(6) organization creates and implements destination marketing campaigns for the entire city, as well as several events and programs. The DMG ^Feates, erma;Tzes eVeRts and pFegFa that enhance the downtown economy by attracting visitors to the area. The current DBMC partners include the CRA, the City, and the Greater Delray Beach Chamber of Commerce. The Cooperative uses special committees and merchant groups as a tool to encourage downtown merchants to actively promote their businesses. Over the years, the DBMC has proven to be a valuable asset to retail shops, restaurants and special events in the area. The DBMC is responsible for the production of four major events each year, including the or+r„ &jazz s"On the Ave_'R61e series, the July Fourth Celebration, the 100-Foot Christmas Tree, and the "First Night" New Year's celebration. In 2012, the DBMC was instrumental in Delray Beach being successfully named the "Most Fun Small Town in America", a competition hosted by Rand McNally, USA Today and the Travel Channel. The title has resulted in unprecedented levels of media publicity for Delray, including a feature on the Travel Channel, articles in numerous national publications, millions of social media impressions, and ongoing mentions of Delray Beach on various travel blogs and websites. The success of the DBMC has made it a benchmark in the industry of downtown promotion and organization. Many cities throughout the nation are now working toward establishing their own organizations and events, modeled after the DBMC, in an effort to revitalize their downtown and entertainment business districts. 108 Program Objectives • Help attract people to Delray Beach, ultimately providing a positive economic impact to the entire city. • Provide economic stimulation to the downtown area. • Produce and support special events to attract people to the downtown area. • Promote the overall downtown area as a dining, shopping, entertainment and cultural destination. Program Description • Create and implement destination marketing strategies and special events to promote the downtown area and the overall image and appeal of Delray Beach as a destination. • DBMC Partners provide funds, office space, and supplies for basic staffing and operations. • The DBMC Board of Directors will include representatives from the DDA, CRA, City and Chamber. The Board is responsible for approving budgets, expenses, programs and events. • The DBMC staff will routinely communicate with merchants and community organizations about events and marketing campaigns by distributing printed materials, attending meetings, forming committees, and collecting input. • DBMC will actively engage merchants, community organizations, event sponsors and volunteers in special event and marketing campaigns. • DBMC is responsible for organizing and producing several activities each year, including R 'tee"On the Ave"tee series, the July Fourth Celebration, the 100-Foot Christmas Tree, and First Night. • Events may be added, modified or eliminated as determined by the DBMC Board of Directors to reflect changing community needs and/or budget considerations. Program Participants and Administration • DBMC Partners include the City, CRA, and Chamber of Commerce. • Other participants may include, but are not limited to, the DDA, deaptewparea merchants, media partners, private businesses and non-profit corporations. Funding Sources • DBMC Partners will allocate funding and in-kind support during the annual budget process. Partners may choose to allocate additional funds as needed at the sole discretion of each organization. • DBMC staff will be responsible for securing additional funds to support special events and programs as necessary, including, but not limited to, corporate sponsorships, private grants, private donations, and in-kind services. • The DDA will provide sponsorship dollars at the discretion of the DDA board. 109 Program Schedule • The Joint Venture was established in FY 1992/1993. • The Joint Venture became the Downtown Marketing Cooperative in FY 2005/2006. ;;Ad • The Downtown Marketing Cooperative became the Delray Beach Marketing Cooperative, a 501(c)(6) nonprofit organization, in FY 2009/2010 and is ongoing. #3.11: Sports/Recreation-Based Economic Development Initiatives Background In 1992, the CRA agreed to contribute $481,000 to the rehabilitation of the City's Municipal Tennis Center. The rehabilitation project, which began in 1993, expanded the existing center and included the construction of a 3,000-seat stadium court, as well as additional courts and a pro shop. In 1993, Delray Beach successfully hosted the Virginia Slims national women's tournament, seeing a record 80,000 people attend over a two-week period. Since that time, Delray Beach has hosted several major sporting events at the Tennis Center, including professional tennis and volleyball tournaments. Seating in the stadium has been increased to 8,200 seats. The events produce a positive economic impact for businesses throughout the downtown and the CRA District that has grown over time. In 2001, the estimated economic impact of the International Tennis Championships was approximately $7.7 million, growing to an estimated $11.6 million in 2011. Intangibles such as media exposure and increased name recognition provide additional benefits for the City, the CRA District and its merchants. At the request of the City, the CRA agreed to provide $500,000 in the FY 2008-2009 budget to help offset the costs of host site fees for the International Tennis Championship (ITC) held at the Tennis Center. The additional funds would allow the City to continue to use the Tennis Center as a viable and competitive venue for professional tournaments and events, and would generate the desired economic benefits as noted above. The CRA has continued to contribute to the tournament, and in 2011 funded an additional $95,000 for an extended celebrity championship to be held at the beginning of the ITC tournament. Delray Beach has the potential to build on its existing reputation as a destination for tennis events and sports training camps by increasing the utilization of the tennis center and other City sports facilities. According to the Palm Beach County Sports Commission, the economic benefit of sporting events in Palm Beach County for fiscal year 2010 was estimated at nearly $160 million. There are opportunities for additional sporting events to be located at various venues within the CRA district that could provide an economic benefit to the hotels, restaurants, and other businesses in and around the downtown. In 2009 the CRA funded installation of artificial turf at the Seacrest Soccer complex to allow for a year-round sports training camp, and in 2011 agreed to fund improvements to Hilltopper Stadium to attract regional and national sporting events. Program Objectives • Encourage the use of the Municipal Tennis Center as a venue for major sporting events and other entertainment activities. 110 • Stimulate economic development within the West Atlantic Redevelopment Area and the downtown as a whole by attracting visitors and activity to a major public facility located directly within the area. • Where appropriate, support the utilization of sports facilities within the CRA district for events and programs that will provide an economic benefit to hotels and businesses within the CRA district and the City as a whole. Program Description • The CRA will participate as a sponsor for major events occurring at the Delray Beach Tennis Center as funding levels permit. Events may include, but are not limited to, the International Tennis Championship tournaments, Players International Youth Tournaments, and the Chris Evert Charity Tournament. • The City will provide the CRA with sponsor benefits. Benefits may include, but are not limited to, signage, booth space, media advertisements, and promotional materials. • The CRA will evaluate requests to provide funding to upgrade sports facilities within the district in order to attract greater utilization and stimulate economic activity. Program Participants & Administration • This program is to be primarily administered by the City of Delray Beach and the event providers. Funding Sources • The CRA has provided $500,000 per year for the tennis tournament since FY 2008/2009. • Additional allocations for the tennis tournament and other facilities/events will be determined annually during the budget process or at the discretion of the CRA on an as-needed basis. • Other funding for events and/or upgrades to facilities may come from private sponsors, Palm Beach County, or other sources. Program Schedule • Sponsorship of City tennis tournaments was first implemented in FY 2008/2009 and is reviewed annually during the budget process. • Sponsorship of other events and/or upgrades to facilities will be addressed on an as-needed basis. #3.12: Economic Development Incentives for Job Creation Background The FeGeR residential real estate boom period of the mid-2000's helped fuel a resurgence of the downtown, with more people choosing to reside in and near the commercial core. After the slowdown that resulted from the nationwide recession and housing crisis, the market has begun to recover and numerous residential projects are again being planned. 111 HGWever�s QeMa„d has-des',;ned tThe CRA k4has begun to look to other opportunities for encouraging substantial private investment in nonresidential development. Investment can now be centered on the following: employment opportunities to include large- scale employers; a stronger employment base in close proximity to residents; and increased opportunities for minority business ownership in the area. This Plan recognizes that the downtown is a strategic location to invest in new office buildings. Its pedestrian friendly nature offers unique amenities not available in many places, and with the interstate 1-95 interchange it is easily accessible. In addition, the CRA-funded sn-ftte h—, trolley connects the downtown with the Tri-Rail commuter train station one mile away; Palm Tran routes also connect it with other parts of the county; and Federal Highway provides for north-to-south transit connectivity to Boca Raton and Boynton Beach. However, with all the above mentioned benefits, the image of the City as business district has been weak. The Downtown Delray Beach Master Plan emphasizes the importance of the creation of new office space and high-paying jobs in the downtown to compliment the service sector jobs. One reason is that a year-round day-time population of professional business people will support and strengthen the downtown merchants and downtown restaurants. A second reason is that well paying jobs in the City of Delray Beach will strengthen the economic wellbeing of the local residents, and the local residential real estate markets. The following excerpts demonstrate how the Downtown Master Plan supports these concepts: Based on experience in other cities, employees working in or close to downtown Delray Beach should be the initial target market for downtown housing. (Page 76) Employees who work within the immediate vicinity of downtown Delray Beach are "captive"in the sense that they are in the area for at least eight hours a day, five days a week and, consequently, are likely to shop, run errands and eat out in downtown Delray Beach. (Marketing Report, page 80) In order for Delray Beach to move beyond its position as an entertainment district, efforts must be made to attract businesses that serve the needs of the local community as well as provide well paying jobs for local residents. (Page 89) Recruit quality businesses. It will be critical to attract businesses that provide jobs beyond those in the service sector, which are typically low paying, low skilled positions. Attracting businesses that add value to the community through better paying/higher skilled jobs and/or serving the needs of the local community will help to strengthen the economic base of the city. (Downtown Master Plan Marketing Report, Page 90) However, several factors have stacked-up against the opportunity for construction of new office buildings. Land costs layered over relatively low allowable floor area ratios, increased property taxes and insurance make it difficult for companies to consider constructing new office buildings. In addition, a multitude of vacant properties scattered throughout the commercial zoning districts have created serious voids within the city fabric, voids that have become a deterrent for redevelopment. Entire vacant blocks still give areas of the downtown the appearance of insecurity, abandonment and blight. These factors will not change unless incentives are provided to overcome them. 112 Program Objectives In 2010 the CRA adopted a set of Economic Development Incentive programs to complement its existing site improvement grant programs. The objective of these programs is to help overcome the stated objections for companies investing and locating within the CRA district. Incentives may be used to encourage the first companies to locate in the district. In addition, improvements to the district infrastructure will aid in making the area more desirable. Once a few projects are successful, others will be drawn without an incentive being given. The CRA's goal is to establish programs that will encourage occupancy in the existing office buildings, and the development of new office buildings within the downtown for a specific time period. Eventually, the creation of business activity on itself will give downtown Delray Beach its own branding as a place to work. Over time it will be unnecessary to offer incentives to encourage downtown investment in office space and to attract workers to the downtown district. Additional office space in the downtown will support the commercial and residential base that already exists. First, a year-round day-time population of professional business people will support and strengthen the downtown merchants and downtown restaurants. Second, well paying jobs in the City of Delray Beach will strengthen the local residential real estate markets. As new companies move into our downtown, and as existing companies grow, employees that come with those companies will experience first hand the live-work-play environment and many will be encouraged to relocate their residences to the downtown. Both of the above stated objectives have been clearly defined in the Downtown Master Plan. The ultimate goal of the program is to complete a sustainable, successful downtown, where both business and residents support a continually increasing tax base, and provide a complete range of services needed by the community. Program Description The CRA may deveIGP GFeat+vP_ 6DP_VeIGPR1eRt Fiiaz,„_PRrograms agdTemsoffer variouseconomic development incentives to catalyze investment, to promote opportunity for new and expanding businesses, and to create jobs. For projects that address stipulated economc development objectives the CRA may offer incentives such as the following: • Long term land leases with attractive rates for CRA-owned properties • Assistance with development infrastructure costs • CRA equity partnerships • Business relocation assistance • Loan interest subsidies • Bonuses for creation of mobs that meet specified wage thresholds • Business incubation programs and microenterprise programs to support start-ups and small business development a Tw Gredit Dregrams 0 rnnrli4innc of the agreement YG 1 roroiVP_ ; 4w rrP-d-i4 113 4�rs0st no Programs r �uer^s'tQs^}}thre6igh either free o PTA P r InnA\ ;;t0AA CiAARGe Pregra R4 teGhRGIGgY, Pl. 81-16i. 66 IInn61hatinn Dregrrom& 0 FeRtal 0 o flexible lease terms, shared servirues, and eq61iP_R;eRt and teGh 661PPOFt. c4rnnrr P6 11910G paFtRerchips and ci 1PPE tiRg hi icinocc P Cnnnnmin DP14eIGPR;en4 S ppert Tools 0 and may be used in ,.ON ,n,.+i„n with The CRA may also participate in other economic development support tools and programs. Support tools may include, but are not limited to programs available through the U.S. Department of Housing and Urban Development (HUD), the Economic Development Administration (EDA), the US Department of Treasury, and the U.S. Small Business Administration. The CRA may build partnerships with County and State economic development organizations that play a role in the delivery of federal programs. The CRA may alse use z, consultants to analyze applications for CRA funding, monitor the availability of other sources of funding, and to maximize opportunities to use support tools for project financing. Program Participants and Administration • Projects will be administered and coordinated by the CRA. • Other participants may include, but are not limited to the developer, design professionals, building tenants, Investors, the Palm Beach County Economic Development Office, the Palm Beach County Business Development Board, and Enterprise Florida. Funding Sources • The CRA will be the main funding source for specific programs. • Additional funding may be obtained from the City, County, the State of Florida, Federal Agencies, Financial Institutions, Developers, Non-Profits Development Corps, Seed & Venture Funds, Angel Investors, and Housing Authorities. Program Schedule 114 • Six incentive programs were adopted and made available to applicants in 2010. • Three of the programs have been utilized since adoption. • Other programs may be implemented as partnerships are developed, and as funding programs and opportunities become available. • Programs may be discontinued by the CRA based on a lack of need and/or utilization, and based on funding availability. #3.13: Arts Based Economic Development Program Background Delray Beach has long had a history as an arts community. In the 1920's Delray was a popular tourist destination and writer's colony—by the 1930's writers such as Edna St. Vincent Millay, Zora Neal Hurston and Theodore Pratt were among visitors and residents. "Toonerville Folks" cartoonist Fontaine Fox had a winter home on Ocean Avenue in Delray Beach. When the City fell into decline in the 1980's, art and cultural initiatives became an important part of its renaissance. The abandoned Delray Elementary and Delray High School campus was transformed into The Delray Beach Center for the Arts including a museum, theater and entertainment pavilion. The historic home of teacher/principal Solomon D. Spady was renovated and turned into the Spady Cultural Heritage Museum featuring the history of African Americans in the region. Downtown's Pineapple Grove features public art along its sidewalks and hosts arts-related events, and there are numerous art galleries and studios along Atlantic Avenue and elsewhere in the downtown. In February of 2006 the consulting firm Coletta & Company produced a report for the city entitled "Cultural Delray Beach: Creative Authentic Intimate." The report examined Delray's "cultural infrastructure" and identified several initiatives to help direct Delray's continued development as a creative, authentic and intimate city. One of the fundamental building blocks recommended in the report was the establishment of a public/private partnership to direct the City's cultural plan and vision. Delray's Creative City Collaborative (CCC) was subsequently established for this purpose as a 501(c)(3), however, its progress 4a-shad been somewhat limited due to a lack of funding and dedicated staff resources. ri�Afterthe economic downturn +h-a+ is hoiprj 'd 1994h n-4innally and l„Gall"began around 2007, a renewed emphasis on promoting and supporting the arts in Delray Beach see4-bewas seen as an effective strategy for economic development, especially within the CRA district. Arts programs have been a part of many state and local government economic development initiatives by promoting downtown revitalization, attracting tourists, creating vibrant public spaces, and making communities more attractive to knowledge-based companies and employees. The CRA she"dcan play an important role in supporting and promoting Delray Beach as a thriving arts community, in order to sustain economic vitality and improve the quality of life within the district. In 2010, the CRA entered into a lease agreement with the City for approximately 10,000 sq. ft. of commercial space in the ground floor of the newly constructed Old School Square garage. The City intended to eventually sell the space but wanted to wait until the real estate market recovered. They asked the CRA to convert the space for temporary use as art and culture facilities that would generate pedestrian activity in the Pineapple Grove area. The CRA sublet part of the space to The Puppetry Arts Center, and worked with the nonprofit Creative City Collaborative (CCC) on converting the rest of the space to a venue for performances, classes, 115 and visual arts, known as the Arts Garage. What was originally to be a temporary use has become a fixture in the Pineapple Grove Arts District, and the City has agreed to sell the space to the CCC so they can continue to operate at that location. Also in 2010, the CRA purchased a 15,000 sq. ft. warehouse in the Pineapple Grove Arts District for conversion to an arts related use such as an arts center/incubator. The purpose of this project is to encourage visitors and pedestrian activity in the Pineapple Grove area and to enhance Delray's image as an arts destination. The CRA worked with the CCC and the private consulting firm Arts Consulting Group (ACG) to develop a community based plan for the facility. The ACG plan concluded that the facility should accommodate uses such as: studios for rent by local and visiting artists; gallery and exhibit areas; classroom and workshop space; food preparation areas for catering events on site; administrative offices; and space for rent to businesses that will collaborate with and/or provide support services to artists. It is noted that artists have begun leasing space in the privately owned warehouses and buildings surrounding the Arts Warehouse and are converting the spaces to artist studios and galleries. This grass roots efforts resulted in the designation of a new arts enclave in Pineapple Grove known as Artist's Alley, which has become a popular destination in its own right. Project Objectives • Continued revitalization and stabilization of the downtown and surrounding neighborhoods through promotion of art and cultural activities and institutions. • Promote cultural tourism by enhancing Delray Beach's identity as a community of culture and the arts--one that is creative, authentic, and intimate • Help ensure access to the arts for all ages, ethnicities, and physical ability • Create jobs and promote economic development. Project Description • Provide staff support and resources to assist the Creative City Collaborative and other art and culture organizations in directing and implementing the City's cultural plan. • Implement programs and initiatives to establish Delray Beach as an artist-friendly city and as a desirable location for galleries, studios, and artists' residences. • Proceed with the design and implementation of plans to convert the CRA warehouse into an arts facility that includes studio and gallery space, classrooms, and other functions as described in the ACG Report. • Work with arts organizations and public and private institutions to support projects that will enhance the City's identity as an arts community. • Recommend policies and regulations that will encourage the establishment and expansion of artist studios, galleries and performance venues that are consistent with the City's character and the goals, policies, and objectives of the Comprehensive Plan. • Develop strategies and programs to protect existing arts spaces and create long-term affordable space. Such locations may include the City-owned commercial space in the Old School Square garage or other buildings that are purchased or leased by the City, CRA, or 116 nonprofit organizations for the purpose of providing affordable arts-related venues. • Seek grant opportunities and help develop strategies for permanent funding of art and culture programs. Project Participants and Administration • The CRA will work in conjunction with the City, the CCC and other arts organizations to implement the strategies outlined in the cultural plan. • Other participants in the project may include, but are not limited to, local artists and gallery/studio owners, the sewtewn—Delray Beach Marketing Cooperative, Delray Beach Center for the Arts at Old School Square, the Spady Museum, and the Downtown Development Authority (in terms of promotions). Funding Sources • The completion of the CRA Arts Warehouse will be funded primarily by the CRA with other possible sources being grant funds, private sponsors, fundraising events, and similar sources. • Sources for ongoing operations will also be the CRA, City, Grant funds, sponsors, and revenues generated by the facility/facilities (such as rents, event proceeds, etc.) Project Schedule • The CRA will brought staff support on board in 2010. • The Old School Square parking garage commercial space x011 be everted aPGI �^+ was leased for arts related programs in 2010. • Various aspects of the Cultural Plan will be implemented as directed and the City on an ongoing basis. • Architectural plans and construction drawings for the Arts Warehouse renovations to be completed in FY 2014-15, with construction of the improvements to follow. #3.14: Delray GreenMarket Background The Delray GreenMarket was established as a project of the CRA in 1996, as a way to attract visitors to the downtown and support local businesses. The market operates on Saturdays from mid-October through mid-May and features locally grown produce, fresh citrus and juice, farm fresh eggs, baked goods, and many other healthy food options as well as fresh cut flowers and plants. Live musical entertainment is featured each week, and there are numerous special events during the year to provide the community with a place to gather and connect with each other. The market has been staged at several locations during its lifetime. In October 2012, the GreenMarket moved to its current location, the Old School Square Park, in the Pineapple Grove Arts District. The market has grown to include more than 60 vendors. 117 Project Objectives • Continued revitalization and stabilization of the downtown and surrounding neighborhoods by providing a Saturday morning destination for shoppers. • Promote small business growth and regional agriculture by providing an outlet for locally grown products to be sold. • To provide local residents a place to purchase farm fresh, nutritious food. • Create mobs and promote economic development. Project Description • The program includes the seasonal operation of a Green Market comprised primarily of vendors selling locally grown/locally produced food products, with a few craft vendors and nonprofit organizations also participating. • The market will operate on Saturdays from mid-October to mid-May • Vendors must apply for space and pay a vendor fee, which will be applied to the market's operating costs • The market will provide entertainment and hold special events aimed at attracting customers and increasing community participation. • The GreenMarket will be promoted through several outlets which may include (but is not limited to) social media, local newspapers and magazines, and radio advertisements. Project Participants and Administration Participants include the CRA, the City, vendors, and sponsors. Funding Sources • CRA • Fees assessed to participating vendors. • Palm Beach County Department of Agriculture; Cooperative Extension Service/UF-IFAS • Sponsorship opportunities as they arise. • Grant opportunities as they arise. Project Schedule • The Delray GreenMarket was established in 1996 and is ongoing. III. Program of Regulatory Actions The following section describes the changes to existing City regulations that will be required to implement the Community Redevelopment Plan. Unless otherwise described below or on Figure 5, building height, density, setbacks, and site development requirements are intended to remain as they presently exist in the various City zoning districts, and future land uses are to be consistent with the City's Future Land Use Plan and the Comprehensive Plan's Future Land Use Element policies. 118 A. Comprehensive Plan and/or Zoning Amendments • Amend the Zoning District Map from R-1-A (Single Family Residential) and RM (Medium Density Residential) to CF (Community Facilities) for various parcels located to adjacent CBD-zoned properties in the West Atlantic corridor and along NW/SW 51" Avenue in order to provide for parking areas. These changes are to be processed on an as-needed basis concurrent with redevelopment. • Amend the Land Development Regulations as necessary to provide incentives to assist in transforming the Pineapple Grove Area to an Arts District, which provides employment and housing for artists. Consider revisions to the Land Development Regulations that support innovative approaches to providing parking, such as mechanized parking systems. • Implement revisions to the Central Business District and other applicable LDR sections as included in the 2014 Treasure Coast Regional Planning Council proposed LDR Amendments. The amendments include (but are not limited to) revisions to the method of measuring height (i.e. stories instead of feet), reductions in parking requirements for certain uses, streamlining of the development review process, and revised standards for providing density bonuses. 119 PART FIVE: THE COST OF REDEVELOPMENT The following table contains an estimate of total public cost to the City, the County, the CRA or other agencies of the City (such as the Delray Beach Housing Authority — DBHA) for redevelopment projects/programs and for capital improvements within the CRA District. Cost projections for on-going long term programs are given for a five-year time period only and will be amended accordingly as this plan is continually updated. /NOTE: This Table Replaces Previous Table 5-1) TABLE 5-1: CITY, CRA &COUNTY FUNDED CAPITAL PROJECTS AND MAJOR PROGRAMS IN CRA DISTRICT-2014 THROUGH 2019 Project Name Public Cost Downtown - Beach Area • E. Atlantic Avenue crosswalk improvements 50,000 • Mast arm Replacement— E. Atlantic Ave. &Gleason/Venetian 160,000 • Sidewalk Construction 100,000 • E. Atlantic Avenue median project 200,000 Downtown -Core Area • US 1 Corridor beautification &traffic calming 14,000,000 • One-way bypass conversion (SE 1 at Street)—traffic signal 250,000 • SE 2 nd St. (Swinton to SE 3r Ave) &SE 2n Ave/Alleys 600,000 • Pineapple Grove Way North Entrance (Cannery Row Park) 150,000 • Block 117 Parking Garage (Gladiola pkg. lot- SE 6"Ave) 7,750,000 • Arts Warehouse (design and renovations) 3,000,000 • Veteran's Park renovations 1,500,000 • NE 3r Ave/St/Alley Improvements 750,000 • NE 1st Ave Improvements (Between NE 1St&2 nd Sts) 510,000 Downtown -West Atlantic Avenue Area • NW 12th Ave Beautification (Atlantic Ave— MLK Jr. Dr.) 675,000 • SW 1 st Ave. (W. Atlantic to SW 1 st St.) 455,000 • SW 9t & 10t Beautification 185,000 • SW 9t Ave Parking Lot/Pocket Park 650,000 • Block 8 Alley Improvements 100,000 • Land Acquisition & Redevelopment (including development subsidies) 5,000,000 • Fire Station Headquarters Plaza 275,000 • Swinton/Atlantic Intersection Improvements 1,000,000 Neighborhoods • Osceola Park Neighborhood (traffic calming, alleys, beautification, parks) 2,000,000 • SW Neighborhood Plan (parks, street beautification ) 5,000,000 • NW Neighborhood (parks, street beautification, alleys) 2,000,000 120 • NE 2nd Ave Beautification (Del-Ida Park) 904,000 Affordable Housing (CRA, City, DBHA) - land acquisition, subsidies incl. SHIP, 28,200,000 building acquisitions and renovations, Village Square project*, administration Grant& incentive programs (CRA) 1,500,000 Downtown marketing & promotions (DBMC &Green Market) 2,100,000 Other • N Federal/Dixie Hwy Improvements 1,000,000 • Downtown Trolley 1,500,000 • CRA A-GUIDE Program for nonprofit partners 5,000,000 Water/Sewer improvements 1,200,000 Drainage improvements 750,000 CDBG Program 2,025,000 TOTAL $90,539,000 *Public/Private redevelopment of former DBHA's Carver Estates (est. cost$24.7M) I. Sources of Redevelopment Funding and Financing The following section provides a general review of potential sources of funding for redevelopment programs, and a description of the funding sources applicable to each of the improvements or projects identified in the plan. In general, a variety of financing options are presently available to the Community Redevelopment Agency and the City of Delray Beach. Among these are the following: A. Tax Increment Revenues Tax Increment Revenue is typically the major source of funding for redevelopment projects under the State of Florida Community Redevelopment Act. This increment, which is determined annually, is equal to 95% of the difference between: the amount of ad valorem taxes levied each year by each applicable taxing authority on taxable real property within the Community Redevelopment Area; and, the amount of ad valorem taxes that would have been produced by the current millage rates prior to establishment of the Redevelopment Trust Fund. Both of these amounts are exclusive of debt service millage of the taxing authorities. The ability of the Community Redevelopment Agency to utilize this funding method requires two key actions, both of which have been implemented: • The establishment of a redevelopment trust fund as required by FS 163.387 as the repository for increment tax funds, and, • The provision, by ordinance of the City, for the funding of the redevelopment trust fund for the duration of the Community Redevelopment Plan. B. Redevelopment Revenue Bonds The provisions of F.S.163.385 allow the City of Delray Beach or Community Redevelopment Agency to issue "Revenue Bonds" to finance redevelopment actions, with the security for such bonds being based on the "anticipated assessed valuation of the completed community redevelopment." In this way, the additional annual taxes generated within the Community Redevelopment Area, the "tax increment", is used to finance the long term bond debt. Prior to the issuance of long term revenue bonds, the City or Community Redevelopment Agency may issue bond anticipation notes to provide up-front funding for redevelopment actions until sufficient tax increment funds are available to amortize a bond issue. 121 Ir—aoepte.m.ber 2007 deGE R by tai rid';; 91111reFne GG61rt (the"9tF;_;A"d;9GT.;k)414 PFGj eGf$. appeal of rt l��re �anri�a�-�earrd irn Or teher�of 2007 v�As; Af the date�of r this sp l aR • C. General Obligation Bonds For the purposes of financing redevelopment actions, The City of Delray may also issue General Obligation Bonds. These bonds are secured by debt service millage on the real property within the City and must receive voter approval. The existing "Decade of Excellence Program", which included many redevelopment initiatives, was funded, in part, by a $21.5 million 1990 General Obligation Bond issue, Series 1990 and 1993. In 2004 the City issued $24 million in General Obligation Bonds to fund the creation and/or improvement of a number of recreation and parks facilities throughout the City. Several of the improvements funded by these bonds involved facilities located in the CRA district, including Pompey Park, Catherine Strong Park, Old School Square and the new library. D. Special Assessment Districts The City of Delray Beach could also establish special assessment districts for the purpose of funding various neighborhood improvements within an area or for the construction of a particular project. This funding mechanism was utilized in 1994 whereby a Special Assessment District was set up so that each of the property owner's in the Banker's Row project could be assessed annually over a 10-year period for their share of the cost in the project. This mechanism was also used in association with improvements resulting from the Seacrest/Del Ida Plan and for the Pineapple Grove streetscape. The cost of the improvements in these areas was split between the City, the CRA and the property owners, who were given a choice of paying a one time assessment or making payments over a specified time period (subject to interest). E. Community Development Block Grants (CDBG) Each year the City of Delray Beach receives CDBG grant funds directly from the Federal Government to improve the area designated as the "Community Development Target Area". These CDBG monies are committed to demolition of substandard housing units, housing rehab assistance, and home ownership assistance within the target area which includes much of the Community Redevelopment Area. All of the total funds expended have been for the benefit of very low, low, and moderate income residents and assistance grants to community-based social service organizations. F. Industrial Revenue Bonds (IRB) 122 Industrial revenue bonds may be used to finance industrial, and some commercial projects. The primary emphasis on such projects is the creation of jobs, and as a consequence speculative ventures are not normally financed by this means. Such bonds are typically issued by the County, with repayment pledged against the revenues of the private enterprise being funded. IRB's are tax exempt and consequently are typically 3 percentage points below prevailing interest rates. Such financing has been used effectively in South Florida, but has not been utilized to date to fund improvement projects within the CRA district. G. Land Sales/Leases Acquisition of property and its preparation for development are powers available to the Community Development Agency under provisions of F.S. 163. The resale or leasing of such land to private developers can provide another source of income within the Community Redevelopment Area. H. Contributions and Grants Voluntary contributions by private companies, foundations, governmental entities and individuals are potential sources of income to the Community Redevelopment Agency. Although such contributions may only account for a small portion of redevelopment costs, they do provide opportunities for community participation with positive promotional benefits. Grant funds have been provided by Palm Beach County for a number of CRA projects, including NW/SW 51" Avenue beautification, the LaFrance Apartments and 133 NW 51" Avenue rehabilitation, and grants for economic development projects. State and Federal transportation grants have helped fund projects such as the U.S. 1 Corridor Improvements and the Gateway Feature. I. Direct Borrowing From Commercial Lenders or Governmental Agencies The CRA is also authorized to fund redevelopment projects and programs through direct borrowing of funds. Depending on the particular project(s) funding requirements, the CRA may utilize both short and long term borrowing. Although terms and conditions may have a direct bearing on use of a particular commercial lending institution, the CRA will generally attempt to attain the lowest available interest rate. In 2007 the CRA entered into an agreement with the South Florida Regional Planning Council for a 3% loan to fund the soil remediation project at the Carver Square neighborhood. II. Five Year Projection of Revenue & Expenses The primary funding source for CRA activities is the Redevelopment Trust Fund. This fund is the depository for all TIF revenues generated within the Community Redevelopment Area. Based on estimates of the current property valuations the rate of private new construction, it is estimated that the total tax increment revenue generated by the redevelopment area will be approximately $70� million over the next five year period. It should be noted that in 2007 property tax reform became a major issue of the Florida Legislature. As a result of new legislation future tax collections were rolled back to the 2006 — 2007 levels and then reduced by a specified percentage (9% for Delray Beach). This had the effect of reducing revenues for the City and County, and consequently, for the CRA. In 123 January 2008 voters approved an amendment to the state constitution that will also have the effect of reducing local governments' property tax revenues by doubling the homestead exemption and allowing homeowners to transfer their tax savings from the 3% cap on assessments to a new home. It 0s; cert-ai� severely these taX GhaRgeS and aRy fi It iro !RGFeases ir, that rr E)ro typiGal Gf Fe GeRt years Table 5-2 is an estimate of the CRA's projected revenues and expenditures in the coming five years. Revenue estimates h ave boon Lent flat to roflo`++ +ho ;an+i`+ipated GhaRgeS rocs lltin14 fr pFepeFty tay,leg;slat+e.-arid the—es �t�+r;Tare proiected at an annual 5% increase. Since its creation in 1985, the CRA has continued to expand its redevelopment efforts into the surrounding community. In 2004 the CRA issued $10 million in tax-exempt bonds to accelerate several beautification and infrastructure projects in order to insure that such vital roadways as West Atlantic Avenue, North Federal Highway and NE and SE 1" Streets were improved and able to better serve the needs of the downtown and West Atlantic corridor. In 2006 the CRA issued bonds to secure a $7 million line of credit, which was utilized primarily to fund the construction of affordable housing units throughout the northwest and southwest neighborhoods._ NOTE: Table 5-2 below replaces the previous 5-year table of projections. Table 5-2: CRA 5-Year Projection of Revenues&Expenses Projections Fiscal Year 14/15 15/16 16/17 17/18 18/19 Projected Assessment(based on 5%yearly increase) 1,381,609,064 1,450,689,517 1,523,223,993 1,599,385,193 1,679,354,452 Base Year Assessment(1985) 245,631,067 245,631,067 245,631,067 245,631,067 245,631,067 Increment Increase 1,135,977,997 1.205.058,450 1.277,592.926 1.353,754,126 1,433,723,385 Tax Increment Revenue 1 13.185.275 13.987.300 14.829.430 15.713.670 16.642.115 Revenues Tax Increment Revenues 13,185,275 13,987,300 14,829,430 15,713,670 16,642,115 Line of Credit - - - - - Operating Reserve - - - - - Sale of Property 3,600,000 Project Reimbursements 100,000 100,000 100,000 100,000 100,000 Property&Other Revenues 90,000 90,000 90,000 90,000 90,000 Interest Income 15,000 15,000 15,000 15,000 15,000 Total Revenues 16.990.275 14.192.300 15.034.430 15.918.670 16.847.115 Expenditures Debt Seance 4,332,435 2,082,690 1,875,810 1,868,660 1,865,085 Project Expense 11,394,800 10,783,425 11,766,120 12,587,885 13,519,905 General&Administrative(based on 5%yearly increase 1,263,040 1,326,185 1,392,500 1,462,125 1,462,125 Total Expenditures 16.990.275 14.192.300]L_15 034,430 15.918.670 16.847.115 III. Five-Year Redevelopment Program and Funding Allocations This section of the Community Redevelopment Plan provides a five-year funding program for the Planning, Redevelopment and Community Improvements programs and projects that are identified within the Plan. This five-year program is intended to serve as a 124 guide for project implementation and to assist in cash flow management. It is not intended to replace the annual budget adopted by the CRA. Table 5-3 lists estimated project-specific net funding allocations for each CRA project. This table is for planning purposes only and is not a guarantee of expenditure of funds on a given project. Actual project allocations will be determined annually through the budget process. NOTE: Revisions to Table 5-3 below replaces the previous table 5-3. Table 5-3: CRA 5-Year Redevelopment Programming &Funding Allocations Project Name Fiscal Year 14/15 15/16 16/17 17/18 18/19 Redevelopment Program Areawide & Neighborhood West Atlantic Redevelopment 2,232,350 1,700,000 2,285,000 2,899,250 3,044,000 Downtown-Master Plan 1,415,000 1,130,435 1,317,430 1,238,900 1,240,000 SW Neighborhood Plan 790,000 700,000 820,000 830,000 850,000 N. Federal Highway Redevelopment 50,000 150,000 100,000 50,000 50,000 Osceola Neighborhood 775,000 200,000 200,000 200,000 200,000 Other-Land Acq/Streets&Alleys 200,000 200,000 227,590 183,225 697,045 Total Areawide&Neighborhood 5,462,350 4,080,435 4,950,020 5,401,375 6,081,045 Redevelopment Projects NW/SW-5th Ave Beautification 300,000 500,000 80,000 85,000 85,000 Redevelopment Sites Expense 339,500 361,945 500,000 550,000 550,000 Affordable/Workforce Housing 500,000 575,000 650,000 625,000 625,000 Carver Square 100,000 100,000 100,000 100,000 Total Redevelopment Projects 1,239,500 1,536,945 1,330,000 1,360,000 1,260,000 Community Imp&Economic Dev Grant Programs 450,000 560,000 570,000 580,000 580,000 DBMC 340,000 340,000 340,000 340,000 340,000 City Contractual Services 1,895,950 2,085,545 2,294,100 2,523,510 2,775,860 Community Resource Enhancement 980,000 980,000 980,000 980,0001 980,000 Green Market 99,000 100,500 102,000 103,000 103,000 Economic Development Initiative 928,000 1,100,000 1,200,000 1,300,000 1,400,000 Total Community Imp&Economic Dev 4,692,950 5,166,045 5,486,100 5,826,510 6,178,860 TOTALS 11,394,800 1 1 10,783,425 11,766,120 12,587,885 13,519,905 * Does not include administrative, debt service, or property management expenditures 125