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10-21-14 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday, October 21, 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. RESOLUTION NO. 56-14: Approve Resolution No. 56-14 recognizing and commending Leon Slydell for 30 years of dedicated service to the City of Delray Beach. B. Spotlight on Education Presentation 6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL/ST. GEORGE: Approve a final plat for St. George, a 38-unit Townhouse Project located on the east side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. B. FINAL SUBDIVISION REPLAT APPROVAL/CODA TOWNHOUSE DEVELOPMENT: Approve a final plat to be known as Coda , a 38-unit Townhouse Project located on the east side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. C. ACCEPTANCE OF A RIGHT OF WAY DEED/ SWINTON SOCIAL: Approve acceptance of a right-of-way dedication for the alley and S.E. 1st Street and 20' x 20' corner clip associated with the approved adaptive reuse of the properties for 27-43 South Swinton Avenue located in the Old School Square Historic Arts District (OSSHAD). D. ACCEPTANCE OF A RIGHT OF WAY DEED/SE 2ND AVENUE PARKING LOT: Approve acceptance of a right-of-way dedication for the 2' alley for Lots 6 and 7, Block 87, Linn's Addition to Osceola Park, associated with the SE 2nd Ave Parking Lot Project. E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/CONSTRUCTION PROFESSIONAL SERVICES FY 2014-2015: Approve an Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for funding of various construction projects and professional services for FY 2014- 2015. F. GRANT APPLICATION AND AWARD/FDOT FOR PEDESTRIAN/BICYCLE SAFETY EDUCATION AND ENFORCEMENT PROGRAM: Approve the submittal of an application and acceptance of an award to the Police Department in the amount of $46,867.20 from the Florida Department of Transportation (FDOT) for the pedestrian and bicycle safety education and enforcement program. G. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE SUPPORT: Approve a request for city support and assistance for the 9th Annual Project Holiday sponsored by the You Are Not Alone Organization, which provides packages to armed services personnel. H. PROCLAMATIONS: . Delray Reads Day! —November 6, 2014 I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 29, 2014 through October 10, 2014. J. AWARD OF BIDS AND CONTRACTS: 1. Contract award to All Webb's Enterprises, Inc., in the amount of $94,600.00 for the Production Well Rehabilitation project (Bid No. 2014-44). This is in compliance in Chapter 36, Section 36.02 (A), "Sealed Competitive Method" Funding is available from 442-5178-536-68.14 (Water and Sewer Renewal and Replacement/Production Well Rehabilitation). 2. Bid award to Elev8 Sports Institute, Inc., in an amount not to exceed $75,840.00 for the for Landscape Maintenance services for Seacrest Soccer and HillTopper Stadium. This is in compliance in Chapter 36, Section 36.02(A), "Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year". Funding is available from 001-4131-572-34.90 (General Fund: Other Contractual Service). 9. REGULAR AGENDA: A. WAIVER REQUEST/920 SEASAGE DRIVE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standard Matrix", to reduce the lot frontage from 100' feet to 95' feet and the lot width from 100' feet to 87' feet for Lot 3; and to reduce the lot width from 100' to 96' for Lot 4 for the property located at 920 Seasage Drive. (Quasi-Judicial Hearin,-) B. REQUEST FOR A SIDEWALK DEFERRAL/1230 SEASPRAY AVENUE: Consider an agreement to defer installing a sidewalk for the Hutchinson Residence located at 1230 Seaspray Avenue within the Seagate Overlay District to allow future construction of a sidewalk along the south side of Seaspray Avenue. (Quasi-Judicial Hearing) C. CONTRACT AWARD/HINTERLAND GROUP, INC.: Consider approval of a contract award to Hinterland Group, Inc. in the amount of $51,400.00 through an active contract with Palm Beach County (Contract#WUD 12-063) for sewer repairs on Dotterel Road. This is in compliance with Chapter 36, Section 36.02 (C)(7),"Utilization of Other Government Entities' Contracts". Funding is available from 441-5178-536- 46.24 (Repair and Maintenance Service/Sewer Mains). D. AGREEMENT/RCC CONSULTANTS, INC.: Consider approval of an Agreement with RCC Consultants, Inc., in the amount of$32,599.86 with an additional $20,000 if the tower structural modifications or antenna changes are needed, for professional services related to the migration of the City's communications system to Project 25. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(b), "City Standard". Funding is available from 001-2111-521-34.90 (General Fund: Other Contractual Service). E. PURCHASE AWARD/PVS TECHNOLOGIES, INC.: Consider approval of a purchase award to PVS Technologies, Inc., utilizing an active contract with Palm Beach County, Florida (Bid #14-035R/SWC) in an annual amount not to exceed $310,000.00 for the purchase and delivery of liquid Ferric Chloride for use at the Water Treatment Plant. This is in compliance with Chapter 36, Section 36.02 (C) (7),"Utilization of Other Governmental Entities' Contracts". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). F. EXPENDITURE LIMIT/ODYSSEY MANUFACTURING: Consider approval of an expenditure limit not to exceed $310,000 annually with Odyssey Manufacturing for purchase of Sodium Hypochlorite for the Water Treatment Plant; utilizing a City of Eustis contract, subject to the City of Eustis contract remaining valid through June 23, 2016. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). G. EXPENDITURE LIMIT/PROLIME CORPORATION: Consider approval of an expenditure limit not to exceed $310,000 annually with Prolime Corporation for hauling of lime slurry from the Water Treatment Plant, subject to the City renewing the agreement annually through December 19, 2017. Funding is available from 441- 5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). H. SAFETY MEASURES FOR MOTORISTS AND PEDESTRIANS ALONG BARWICK ROAD: Provide direction and approve one of the options for additional safety measures for motorists and pedestrians along Barwick Road. Funding is available from the transfer of funds from the Roadway Resurfacinji Operatinji Account ($200,000) to the Barwick Road Project. I. VALET PARKING LICENSE AGREEMENTS: Consider approval of the valet license agreements with the restaurants noted below. 1. VALET PARKING LICENSE AGREEMENT/THE AVENUE BAR & GRILL d/b/a 32 EAST: Consider approval of a valet parking license agreement with The Avenue Bar & Grill d/b/a 32 East located at 32 East Atlantic Avenue. 2. VALET PARKING LICENSE AGREEMENT/TAVERNA OPA ATLANTIC, LLC., d/b/a TAVERNA OPA: Consider approval of a valet parkinji license agreement with Taverna Opa Atlantic, LLC., d/b/a Taverna Opa located at 270 East Atlantic Avenue. 3. VALET PARKING LICENSE AGREEMENT/169 NE 2ND LLC., d/b/a MAX'S HARVEST: Consider approval of a valet parking license agreement with 169 N.E. 2nd LLC., d/b/a Max's Harvest located at 169 N.E. 211d Avenue. 4. VALET PARKING LICENSE AGREEMENT/LSMS, INC., d/b/a TRAMONTI: Consider approval of a valet parking license agreement with LSMS, Inc. d/b/a Tramonti located at 111 East Atlantic Avenue. 5. VALET PARKING LICENSE AGREEMENT/CUT 432, LLC., d/b/a CUT 432: Consider approval of a valet parking license agreement with Cut 432, LLC., d/b/a Cut 432 located at 432 East Atlantic Avenue. 6. VALET PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA INC., d/b/a GAFFE LUNA ROSA: Consider approval of a valet parking license agreement with Caffe Luna Rosa, Inc. LLC., d/b/a Caffe Luna Rosa located at 34 South Ocean Boulevard. 7. VALET PARKING LICENSE AGREEMENT/DELRAY TACOS, LLC., d/b/a ROCCO'S TACOS: Consider approval of a valet parking license agreement with Delray Tacos, LLC., d/b/a Rocco's Tacos located at 110 East Atlantic Avenue. J. RESOLUTION NO. 57-14/GRANICUS, INC.: Consider approval of Resolution No. 57-14; approving the continuation of services for video/audio streaming of Commission meetings and audio streaming of the City's emergency radio station while the City engages in a competitive bid solicitation; 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. This is in compliance with Chapter 36, Section 36.02 (c)(11), "Best Interest Acquisition". Funding is available from 001-1316-512-46.90 (General Fund: Repair & Maintenance Service/Other Repair/Maintenance Costs). K. 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 an unexpired term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4). L. NOMINATIONS FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Nomination for appointment of one (1) regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2016. Based on the rotation system, the appointment will be made by Mayor Glickstein (Seat#5). 10. PUBLIC HEARINGS: A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT REGARDING ATLANTIC CROSSING AND RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT: Consider approval of an Amended and Restated Development Agreement ("Amended Agreement") consistent with the January 2014 site plan approved by the City Commission and the Atlantic Crossing Conditional Use and Class V Site Plan Approval Staff Letter dated February 12, 2014. 11. FIRST READINGS: A. NONE 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: Human Resources THROUGH: Terry Stewart, Interim City Manager DATE: August 21, 2014 SUBJECT: AGENDA ITEM 5.A.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 RESOLUTION NO.56-14/LEON SLYDELL PRESENTATION BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Leon Slydell, Inventory Control Clerk, achieved this milestone on September 20, 2014. DISCUSSION This item is before Commission to approve Resolution No. 56-14. TIMING OF THE REQUEST Leon Slydell achieved thirty years of service on September 20, 2014. RECOMMENDATION Staff recommends approval of Resolution No. 56-14. RESOLUTION NO. 56-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING LEON SLYDELL FOR THIRTY YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Leon Slydell began his career with the City of Delray Beach on September 20, 1984 and on September 20, 2014, reached a milestone in his career, having achieved thirty years of full-time service with the City; and WHEREAS,Leon was hired as an Inventory Clerk, was soon promoted to Storekeeper II, then Purchasing Assistant and in 2002, became Inventory Control Clerk where he currently serves with distinction; and WHEREAS, Leon has received numerous letters of commendation for his contributions to the Kids and Cops auctions, his assistance with vehicle auctions, his support of Paint Up Delray and his excellent rapport with coworkers; and WHEREAS, Leon has been a valuable member of both the Purchasing Department and the Environmental Services Department and is known for his professionalism and his helpfulness to internal and external customers; and WHEREAS, Leon was instrumental in moving the warehouse to its current location and has been commended for the efficient manner in which he maintains supplies and the accuracy of his inventories; and WHEREAS, during the absence of the Purchasing Administrator, Leon took on extra responsibilities for an extended period of time and is well-respected as a team player. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Leon Slydell for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Leon Slydell for his many years of service, and wishes him the best of health and happiness in his continued employment. PASSED AND ADOPTED in regular session on this the 21st day of October 2014. MAYOR ATTEST: CITY CLERK w MEMORANDUM W TO: Mayor and City Commissioners FROM: Community Improvement THROUGH: Terry Stewart, Interim City Manager DATE: September 24, 2014 SUBJECT: AGENDA ITEM 5.B.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 SPOTLIGHT ON EDUCATION PRESENTATION BACKGROUND Spotlight on Education will provide a platform for educational presentations at City Commission meetings. The Mayor and Commissioners have expressed their desire to help promote and market our schools. Presentations will be scheduled on a monthly basis and include presentations from school principals, students and other educational speakers that will be of interest to the Commission and the public at-large. The presentation tonight will be done by Rona Tata, Principal of S.D. Spady and William Fay, Principal of Banyan Creek Elementary School. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: September 25, 2014 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 FINAL SUBDIVISION PLAT APPROVAL/ST.GEORGE BACKGROUND The item before the Board is that of approval and certification of a final plat for a new townhouse development being platted as St. George. The 3.2 acre subject property is located within the North Federal Highway Redevelopment Area and is zoned GC (General Commercial) and RM (Multiple Family Residential - Medium Density). It contains six parcels that are being combined and replatted to accommodate the proposed townhouse development. One parcel contains an existing commercial structure that was constructed in 1959, while the remaining parcels are undeveloped. At its meeting of March 22, 2006, the SPRAB (Site Plan Review and Appearance Board) approved a site plan for six dwelling units on the Courtyard at Martel Arms parcel that is being incorporated into the St. George development. At its meeting of February 8, 2012, the Site Plan Review and Appearance Board reaffirmed the approval to construct the six dwelling units. These units were never constructed. At its meeting of June 6, 2006, the City Commission approved a conditional use to allow a free-standing multiple-family development consisting of 33 townhouses on the balance of the property. The site plan was subsequently approved by the SPRAB at its meeting of July 12, 2006. This development was never constructed. At its meeting of August 20, 2013, the City Commission approved a conditional use to allow a free- standing multiple-family development consisting of 38 townhouses known as St. George and on December 18, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Building Elevations to construct the development. Recordation of a plat for the development was included as a condition of site plan approval. DISCUSSION The replat combines portions of three (3) plats into this subdivision, which will contain the 38 townhouse development. The included properties consist of Parcel `B", "Court Yards At Martel Arms", Plat Book 103, Pages 121 and 122 of the public records of Palm Beach County, Florida; Portions of Lots 8 and 9, Block 2 and the west half of an abandoned 16' Alley, "Sophia Frey Subdivision", Plat Book 4, Page 37 of the public records of Palm Beach County, Florida; and a Portion of Lot 4, "Plat of Subdivision of Section 9, Township 46 South, Range 43 East", Plat Book 4, Page 37 of the public records of Palm Beach County, Florida. The replat will subdivide the subject property into (38) townhouse lots and four tracts (Tracts A B, C and D). Tract A is the private street for access to the townhouses. Tract B is a recreation tract for the pool and play area and Tracts C and D are open space/landscape areas. The replat includes a number of new easements which are being dedicated by this plat. These include six-foot wide "Maintenance Access and Drainage Easements" located along portions of the north, south and east perimeter of the development; General Utility easements, which vary in width, located throughout the development adjacent to the private street (Tract A); three Water Easements; one sewer easement, located on Tract B; two twelve-foot wide drainage easements, one on Lots 17 and 18 and one on Lot 23; and a Mass Transit Easement, located adjacent to U.S. 1, to accommodate a bus shelter. The replat also includes two existing easements, dedicated by previous plats that will remain, including a 10' wide FPL easement on Lot 18 and a 10' wide sidewalk easement on Lot 17. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations can be made. It is also noted that a complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. RECOMMENDATION PLANNING AND ZONING BOARD RECOMMENDATION: On June 16, 2014, a preliminary plat and certification of a final plat for St. George, a 38 units townhouse development project being platted as St. George was reviewed by the Planning and Zoning Board and the Board recommended approval (4-0). A full analysis of the proposed preliminary plat, including the required findings, is provided in the attached Planning and Zoning Board staff report. Courtesy Notices have been provided to the following groups and neighborhood associations: Palm Trail Delray Citizen's Coalition Martell Arms La Hacienda Kokomo Key The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. STAFF RECOMMENDATION: Move approval of the Final Plat for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. PLANNING AND ZONING CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 16, 2014 ITEM # V.A.: St. George Plat-- A Final Subdivision Plat to accommodate a Multiple-Family Project that Contains 38 Townhouse Units on the East Side of North Federal Highway, approximately 360 feet North of George Bush Boulevard. GENERAL DATA: Applicant................... KH Sandcastles, LLC Agent............................ Perimeter Surveying & Mapping, Inc. ' _. LAKE AVENUE 14TH ST. (LAKE AVE.) Location........................ On the East Side of North Federal Highway, approximately 360 feet north of George I i i rr f Bush Boulevard. LAKE AVENUE S. } 0 `z z X1 ' 1 Property Size................ 3.2 acres Future Land Use Map... GC (General Commercial) & MD (Medium Density Residential) X - N.E.12TH ST. - .... - BOND WAY Current Zonin g........... GC & RM (Multiple Family _ Residential – Medium Density) ? 4 w 11TH SL - Adjacent Zoning..North: GC (General Commercial) & RL (Low Density Residential) - East: RM (Medium Density Residential) �... I,L.. T South: GC General Commercial) & RM (Medium Density Residential) ---w West: GC (General Commercial) Existing Land Use......... Vacant Commercial & Residential - Proposed Land Use...... 38 unit Townhouse Project — GEORGE BUSH __..l �....... Water Service............... Water service for the development � --._---- will be provided via connections to - �N.E_ 7TH CT. existing 8" water mains located along = I U.S. 1 and NE 7th Avenue and N E � I ST distributed to the townhouses via Z z connections to an 8" water main m _4 along the interior loop road. o Sewer Service............... Sewer service for the development will N.L. 6TH ST. .__.. __.... be provided via connection to an existing = �� 8" sewer main located along NE 7m e Avenue and distributed to the townhouses via connections to an 8" water main along the interior loop road. IFGfiE. THE gs 2i The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new townhouse development being platted as St. George. The subject property is located on the East Side of North Federal Highway, approximately 360 feet north of George Bush Boulevard, This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. ..a^?...«,.>E......,.>......^.^.,...,^.^...,,^,..%^:,,,.....,<.......t...<. .;.°.,....^,....^,.". 6e...^iF...3i.....,..>..................................».>..}.i.a.......,^,...,..... 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It contains six parcels that are being combined and replatted to accommodate the proposed townhouse development. One parcel contains an existing commercial structure that was constructed in 1959, while the remaining parcels are undeveloped. At its meeting of March 22, 2006, the SPRAB (Site Plan Review and Appearance Board) approved a site plan for six dwelling units on the Courtyard at Martel Arms parcel that is be incorporated into the St. George development. At its meeting of February 8, 2012, the Site Plan Review and Appearance Board reaffirmed the approval to construct the six dwelling units. These units were never constructed. At its meeting of June 6, 2006, the City Commission approved a conditional use to allow a free- standing multiple-family development consisting of 33 townhouses on the balance of the property. The site plan was subsequently approved by the SPRAB at its meeting of July 12, 2006. This development was never constructed. At its meeting of August 20, 2013, the City Commission approved a conditional use to allow a free-standing multiple-family development consisting of 38 townhouses known as St. George and on December 18, 2013, the Site Plan Review and Appearance Board approved a Class V Site Plan, Landscape Plan and Building Elevations to construct the development. Recordation of a plat for the development was included as a condition of site plan approval. .... ..........._......t^.^.,..Y^..e.»..«.>.<...>."S ...eP.:::P::.....t,:...°::i:«:«::.:.:.-o-..-ee.v.......,.._..^.........._..<.,...>...<.9:'ea.:::La.:::.':..°:;:...:.>'^...<.........yePr.r......."e:::.:i.:.«s.^..:..m...,..,,.....� ., «..a..>..E,...»b».«3,... 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Y.-..a...e. ..°.^. ,......,«. >. .°w . °.laml¢..; ...... .:...:... ..Ef.«E°..:...t<.><.:...«.<.9.:x—•^.a.......:........^...^.b...a..o>».>..—< .a.,.......,.9^?.,....,:............<...--....,..m..m^...,.,^.......,...>.-<, e,.......^..........,.E.^6....,,..<.<.> . .....:...................:ta,9.3^x^L.^.^.......:.......°...°^..................{.«.a...^.,..i...,....... .^.....«...,..., _........ ....^.^ °.^.»..>.�....^...^"...,.....,...E.,..,.....t•...<.0°:BW:e..::.:°::^.::EI«..:. gym,•:��EI'.,":s:�,"::.°::^ 5....... The replat combines portions of three (3) plats into this subdivision, which will contain the 38 townhouse development. The included properties consist of Parcel "B", "Court Yards At Martel Arms", Plat Book 103, Pages 121 and 122 of the public records of Palm Beach County, Florida; Portions of Lots 8 and 9, Block 2 and the west half of an abandoned 16' Alley, "Sophia Frey Subdivision", Plat Book 4, Page 37 of the public records of Palm Beach County, Florida; and a Portion of Lot 4, "Plat of Subdivision of Section 9, Township 46 South, Range 43 East", Plat Book 4, Page 37 of the public records of Palm Beach County, Florida. The replat will subdivide the subject property into (38) townhouse lots and four tracts (Tracts A B, C and D). Tract A is the private street for access to the townhouses. Tract B is a recreation tract for the pool and play area and Tracts C and D are open space/landscape areas. The replat includes a number of new easements which are being dedicated by this plat. These include six-foot wide "Maintenance Access and Drainage Easements" located along portions of the north, south and east perimeter of the development; General Utility easements, which vary in width, located throughout the development adjacent to the private street (Tract A); three Water Easements; one sewer easement, located on Tract B; two twelve-foot wide drainage P&Z Board Staff Report, Meetinn of June 16, 2014: St. George Plat Page 2 easements, one on Lots 17 and 18 and one on Lot 23; and a Mass Transit Easement, located adjacent to U.S. 1, to accommodate a bus shelter. The replat also includes two existing easements, dedicated by previous plats that will remain, including a 10' wide FPL easement on Lot 18 and a 10' wide sidewalk easement on Lot 17. ...".".......>.........................,-..:..[,.:>.-....."......a.. :::: :. .[::, .E'; : ......,...>...<...<.<.ri.,...,.,,...e .,,.....E ... . ..,.,,..>< .......,...i...............................>-.............,................,........,....,...,....f,....4...... ,.. , ,.. .1...::: ■■.. ....(..;<v<t"is2:::t:::°::F::.;e:::'^>4°:i:'9"`::S:F'«<.a:;e:e:x:.:.:°:...q d.E' .,.,.....,.^.......,.,.i...............3..."...,. <<. ..,.......,..,......,._...,......55..............,:...>..�: e .,.<.,,<.<.---.-."...i .'. a:^,a:,a,me e:::F:.::L"t:.`...t..v: ....................^...._,..,,<.....<....E.>.,9>, .>5...:.;.,.....,....,......_..............,.....a....._..[........,...<......>..<.."..-.--".",...,.,,.,.,.,...,,....:.t,,...,>....<..i...:e..;:°:::.:.:..:::::.`q.:;:::3 i..:..f,'->`.:'t.:E... .Aa:3 8==:= Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 ( Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of GC (General Commercial) and MD (Medium Density 5-12 dulacre). The property is zoned GC (General Commercial) and RM (Multiple Family Residential - Medium Density), The GC zoning district is consistent with the (GC) Future Land Use Map designation and the RM zoning designation is consistent with the MD Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements, for the following areas: During the conditional use process, the City Commission made a positive finding of concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 C - Consistent : Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report, Meetina of June 16, 2014: St. George Plat Page 3 Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 4.3.3(0)(2) (Plat Required): Each townhouse or townhouse type development shall be platted. As the proposed townhouse development will be of fee simple ownership and involves reconfiguration of lot lines, a subdivision plat is required. • LDR Section 4,3.4(x) (Development Standards Matrix): Building height, open space, maximum lot coverage, and minimum floor area for the townhouse units were addressed with approval of the site plan for the project. • LDR Section 4.3.3(0)(3) (Setbacks for To wnhouses or Townhouse Type Development) Building setback requirements, pursuant to this section, were addressed with approval of the site plan for the project. • LDR Section 5.3.1(Right-of-Way Dedication): No additional right-of-way is required for the project. A complete review of the site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process, and a positive finding of compliance with the LDRs was made by the Site Plan Review and Appearance Board. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C". ,f:,.•°:ea:,:d::.f:a:•::.E v- <..<.. h...a.........m..6..m ,._.�,...n..>..¢..<.<9..-<. m..,d6,_..........r....:x....,<..�f"...>.cE........«.<..-a-«.E .i..".�........ ...s......d.«.,...«.,.......>.«-<.':F-,._.a.......".R.,.....,.,.,"i, h.,.«e,.§.».....».<.<..>6'•.:ae?e a'e::c:z:u::f-.."._".°ee'.�«,;.....-«".::-°>-...�.�='(:Riw:i .a,€..."."..».<.>........x.->:.- ..>dd..........m......,..q,"..........."...,..>....,.>§9 ......<.>I..««..."..".>F«.f.v.6.d.".................<...f._.FM ...> 3 I9 �.:.t..e..'a.,_..»>..... .>.».>.>.:...3..,.,m....................".l..".<n...""HI G:;Y2dY�3'.,£.,«9C.......m...q:....." , >#, >. En�._.....ax.....<.>..>.SE>."...«.-.>.-.BF.F..............F...,,."."..i.."Y.....".«.>.........>...>.I..F.:"m°:.e.:.m ... .". ..........»...".".>9.......>.»...>.<r<... F.'..•E::.>9 .E..d...,.Y9"8^.°<'E:.. ...,.......6 ..»>..«..........».t..Ep,....F"............... ...f",.s.,....�..�..........>...-5.:-:."..E m.".... °.': e... - ."."s...,<,sA r..«a«<..>.>......:-..°e F:..." ..... .......<............:...z..>.>.>..>it..6...8.... ..._Ry�< ... �{[ c£:: »� me.......°a........t,..",:,....,a...,.,.».«.<"..>.>...¢;.>�..mF..........,_..,.»"...........< [a.... 5.... " .<g>E..._e.....,...3. %Ss:::.:a9E;¢:..."...eeE:;:: asase e e"....<......"..«.>�:[.." a "................aw....ae>.,.z".<.......»...a.a"�a...:..9°°a..:6°.•F:4:::.¢::aM:4::^,a:a:a:::.r::�.a=z< .6<>.,,.......x.a::;.>.e.»:.,:....tee-•,,..«....:...r"rve ;g,_..,6 Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B°, and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. .-"]..d«<-.C6>[,a.m..6....................."8...,..<."."...>.,....t E< .€.......¢.««......<.....,.;>-d......6..m..". o i.>«.»6[•.<.--."—...-..«.."--.-..>...............,......,�...." :." ""ee. e.,....a...,.,..".............E"....a..{.......>.......t.t,,....,.."....".>-...,.,....... . .. ."..._.,...,Ee•.9x°':°"1">.... . " 9"'-<£':;:6:;:%:::j"f'..:;E .B:r.L:,.:Eams.k'..-x>.;9E.3F6.: t.,•... d .Y h>:-0C°bEE.",..e....................F"...,..«FF.........>..>.<.<."..."%.. .....,,......,.,..¢6.......... ... m " .. :Y,�:¢: -§-.,.,....F" ...Le.. ti. "................_.,...r......e..E...............<.,..."...app..::d.............,..,....m.."... ".«...d<t<....[:y 3..m"......................4..,.E...]..t"....«.....".<...,...."."............" ...:.9...........",.,.,....",...."........<<".".".e...>....,"-<...<...>.">.a......,....3..,m..e. 4. U ..Yei:° ..>.> ."<.>..> d e..>""6..._.."d.............. 6......,",..,,..9........«...."...«...>.<.<.".».....£4.-:.,.6....,....,.,......_.<.«., i. ...« °:E:;:° F.....a...t>['eC:C�S.. ...,..E.,..".".,,en...,«.,...dm...,.,,m..,.A.......<."..z..<.....".....«�..»..».". "F.:Y_.«.<.-Y"tE£. °e.Y.v�e°_F«,«.Bd:d:"ty`"e Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Palm Trail Delray Citizen's Coalition Martell Arms La Hacienda Kokomo Key The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. P&Z Board Staff Report, Meetinn. of June 16, 2014: St. George Plat Page 4 :" ."«e;ee-.,,....,.,e,>.;..,:..,e 3.:9...,..[a..;a:.:::..::::e°.:4:3:y;°:Fx.3e;_P«y«..'�'. >a..3 :�'�"�«'«., ::;.'3•::::' ,.-. .. T:= ................................._.i.-i.M.:<:.E6E.:6»=,...,:3:E:3 t.x...,.....>,,,.,...... ' =I,....... .._...._..... The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. .M4...8..».>_..>..-.......>.�............................... .....«......[....................>.........«.» <.,.< . .........«.«......>..¢.:a«.;:;,ae..F.>,......_„e..«.,c..{......>.-..y.3•':v.....,.➢.. :.'.h2:«°:.^.:ES:I":. ..,...<.<..,y...,a t.>a,;:a................................_.............[g».,«..».,........3..»s«fi...{E.-.a.�.aw::'"!r=t3:......: ,i,...... «...... ...»..>.,>..-...>. ,.< 3 —. , ..._.. r.3..r.:ratleaF.^..m;e.••, e.....°: :::,.,:n.: P A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for St. George by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. '::: 3'I3. .:.' .. ., .°me¢m¢P� .6q-.......E:............<..,.....>.3.,.. .> ..d.;9...». ,. .3.P.:...>e........,.....<..:.,»a:3.»'Y Fn...F:.3a,...a....><.4.>d..->..d e.'.P.:.». ...............................>x....>E..=f;..a...:>......».>e...69...g.':sYF:: .8 , ." b.e°. <.:^.....,...<.............«.....»..>.><.....e..>»y..•[:t9 .,.::.1°a.,,..._.........:.....,...... y ...a .., <... ..y _ E..' .>.&,.yf.xee..:.:..^...t8......»«...»xb..I, ..................x«..<....1...;.......>..«.....,:• <..d'x3E,o...n..,.. .. ...%,..3..c.e . > .d., :.'6«. .".'..., . e....e 3:3.:°E:6'»:6.^.::= ......, >.............>.«.>>.....«.. 8..., <,.......e..,.,�,.�...:4:..e...q.,.¢..,:..,...em.«.,.<.i..»...............«.>e "b..a. :;.;.::^x..,.v..,m�...q «.M..<...........«.....-»....,.,. ....._n.m...... 4c.....E>.......<.<........«..... <->.::..1...6--a .°.a...>...m3a.tE..,.....¢..,.,.a,.Y^.....s.».»...b..............».> y.8 > F ..m.:..,P.,P,.,....,x,....,......«...t»«..>.,,.--xW..,:.:: ..°e..s...:.:.....�a.....Y::.:.:e a..:.:G.».»...>-.a. ...»...............<.<.........>...}.£-....». >»..-�..,«..]>-:.....e....d.mm........F..............i..........»......k>..»«.'�<>.�.s.....e.... .....,.P..§'..b«d...,........«.........,.....,e,.,,...,....._'t[:.b»........« C_.....,«.......<.<.<..»...>.«.>.,...»:o Q6.3_»..>.6-...d§.Fe......._,...,..d,........fl.3b�fl i«.L..f.,�i...y........:..a'>S. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for St. George, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3°1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items” section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Aerial Map • Approved Site Plan • Reduced Plat • Court Yards at Martel Arms Plat • Martell Arms Plat P&Z Board Staff Report, Meetinn,of June 16, 2014: St. George Plat Page 5 ::.5:.e S..".>.ewP>...:<..">.°.......°............£:..e:S1°,"......".............".".sF".:£.."°e3v e:.....m"«.s'.«« Cyy.._:."". a':"[5...,...E"..y.."E 'F.."» ::.F... .............2.,.>.....>...«.....«"."°...........,.."...... £.....°.<...v........>.. ..........".^". .....—E:::°:F:r,F:n:". ....>.<..<.,a,° .,'..> ....,.,..."A «..>....>......;E: .°.".......,..._..,i..°....9.Le.. r.^F¢e.G"......:°b..."°^.:....>C.tl....3 r S<>. P.."."...:....,.°..>» ...e..." _4......<....<.<...«<h.Y ." ":. .. ., ". r..«« .«.>.«.�.".. E"E..."°'.°°..e.e..M."....«..°...:>y.><«.E...ei>°>."E..,..e:i:;'.°,......_"..Y.`t::>.<:>?.F..yre•�C=,>,".d...m:: d......6:68...........>.G«<.<.<>.-"...,Y-.°...................°......m.,...."...a.«.<>...:......"..x."....«...... "« ..:..G «., "«. .«wE>.. >Y ?>.> &:::.°,... ......:.....� "...,.......3 «,.>.«.«»<."-a<°-....°............................�... "i9nv.3:....°.°": ...".....« ... «�.S§. . . � .�..«>E«.3.F.a-..11t......°.."°mm.........x,:"^.....>..F::':.'::.°.:°.'..: a........"..x..«..>....1<-..<.>.>.a."..°."...,mm.........8.°.......°..8..°B1..."a.,..."."°"3[F.,.......«.<s9.. ............E....� Ei..........»..3». :.......3._9...d.>...>.....«.«.<...>.«.<«....",.,...,........,_"............." .k«........."........"f....»...:E9 "."s"..«.y.�E�.. >e.c...d".«...«..>.E.»..»«.i.;.."..F..9..i-:....°...°.°.v°....... ::«f."tyty "<:b>..e........,.. ...o......".e.....>.....<...L.,"E"S".........................q.°.P' ." F. .B.. ... ".. .« ..> .,f.a.:." E.` « ..>•°:e "'y:' ,n.F G".d::,-°>`' e:e::.e e..>.«3 yS _«.,...,>........,....::..e� " ...... . " .",°.,...3.,°.............. ..s..".a."<«....>.....ex....a s",....<."......".>.EsE:`:'»s...a..,�".<.a...¢..."<.....:.>..9...x..>" >°< ... .yy� .."..«.«.."<.>»".......@...",.......,E.."..:�.°<...<..".....,E:¢.fw£ "F....U.Rx.....:...>.>"<.<.>.E>.>.."..°.°...........:. .°.°..86..""r°..<".s:«....<..3..._Y".........>...«.a.>A.>»«<..f..ss...>.<»..,...»...,..>.<.>"...".[>.,,""e..-...°mv.°.,.°.£...E..[«",...<.«...>.«,.».»C..».°...,....... 6...5<...::.�E..r.«.>% e.m.:".a..".d"x,."."F...>....."°8..............«..><..»......».6....t,......"".>.«...>.... E..e.°.°<b.e"...,......°"°.. .>.. Eyt»F.>—...,.e.e.......°... .._. ......................._....._..... r"..hss;auE....,,..._. mac.cog e.;Fa ,........ ,e....w"..,......_...c_:y">.SaP...>'":<:.yF'.'ke:By:".'.°£:d:�°m e.:.i-,�BnaiB�"•�'9£:CESicti'Y�,e::e e:F ' A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meetina of June 16, 2014: St. George Plat Page 6 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X (Provided age appropriate equipment is provided in the play area for toddlers) Does not meet intent P&Z Board Staff Report, Meeting of June 16, 2014: St. George Plat Page 7 ...,..<.,... ".................".».".:e 4t,......,m,,.m.....",.«....."s...............",..".«.".,...::^.,fES,.• EE"."..e.,.,"...E_,...««....."..4...,5."" ..,t..,.<... ESE........ ' a".,..,...C. ., ,_a.a a.",.....,.,.".... .«.,...",. .E"........."............,."_<:«a«, a ....._...^s...."..".i8,"..°s.:.::::"o.......P._"".§....................." ,........ .g.S,E.S.<.3...8<,°..:E a.£f.«:.,:". .,._,.,.,.<.«..,<........... Imp ,...3.....................xa...,...,,.."�,",...,..,.,".,"<....F.,.,.,a,e b, ... Y3 .. .....5:."..£...... ....s".9...,....e...t........e..."....,y...eX.«<<S.".:°<»E.:..,.-'9,m..,.,. «. C.<..,..,m"�.:(:.^.n.,:fF ..�,.....,...".......am..,.E.".«:,....." .....,......"......".<,..".".a"................".,..,...,.s. :s,r ... � E .e s.�.. ,....."..,.�.w.....,.".,...... r.?6e's::4:zEzi£�se:: .».,3.,.<.«........................ e-."�£:.:......,"E"".s1.,..3,.«.,—..,.,....,.,.",..F,"3..»"..m«.,•.:x.. .,....,.., ,."Et s. 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F F: .".,«.«.,.-. .S,a,.,9. d BS«....,..«.<, ...."......"."."...,. ....9......."§�"......e...L a.SI......,.i»....Y,.,.Y.»..F::.;::.�.Y......s:4:.:i........'.........[°^.:G:t.,... .,.... ? e::°:;:;.:°.,......«. ..".,«..." .a."........e...<...,.,.««.,,t8......,.,.:Y,.i[..sF.....,...«.<"................_[.<..«...3, .<.«'er .,d....., ...... 9.E.<%..,«...«.::.....<.,.,.«...,_..,...9e.....£....<.....,.{...::::e.£::.°.«S.a......,<..ee"":.�.FfE^«.«¢w:im.:�:::3:F".e".:M'>.."p.'.%:;�LYm.'e:::.:Y'a::f".G«<.FEvI ........_n".m,a,.....m.....<.,...< ._,....._,.__..—,<...".--.: ...,...m n«..3[x.,...,.mv°s°m:,:°.a°a......,._.<..a. ...9.e T.�m�e;. The following comments must be addressed prior to scheduling the plat for City Commission: 1. Indicate the dedication instrument for the Ultimate right-of-way for US Highway#1. 2. Tie plat to section corner. 3. Provide per LDR Section 2.43 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. 4. The Composite Utility Plan (or Composite Overlay Plan) needs to include all existing and proposed overhead and underground utilities; all existing and proposed light poles; all existing and proposed easements; all existing and proposed improvements to hardscape and landscape. The Composite Utility Plan is also used to ensure physical features and existing or proposed utilities do not conflict with each other. P&Z Board Staff Report, Meetino.of June 16, 2014: St. George Plat Page 8 .....s.......<><..,.,............i"................................t««S:"d.......".sE"E:dG<>t:«:."§:'....�........y F... '2. .>. ....«.-->.yy......e..m.....":a¢.....e=F..s.".....a;::::t¢G.Y69"ee::m 3......Ys.......L.,EF.."........l,s."°Y..>.>'H...................'%"..Y..>..s.t.°6..... .a....>.><......"..... ",........ 3�y "., .t >... 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Y..«Sy.:.ae t. :tn.•: °.m::,:x.§"k......aC.......E.........«.....� ^,q...s..."," .... ..",..F. ....s.<W......"....,.<.....««....a............ ..... .`3-vy _. «<,..G<'i.. ... .4.."r".":..>.:•.F"?.............:........e„..."..,........:Yr.... .. ......"....."...s..>... : �.�.. .>�.�..:I.:A-°.:.°e: ...:Jvl3`:."sf:: :E: °'6.E•'e:�. °:�e.. 9:.s.s.>.>.I .{.....s".»>6>«LL....."..a...3".c.«......¢.,..v....._.."'L>..«.e•.'.......m�.....k....:..s.,."..6.R.,�..._..F.. ,...:�� �. ....� .,�:...a ..c�e�: ;G :l=�:, e�'�e:e:a g:i:>..[ Future Land Use Element Ob'ective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial and residential developments and provide a customer base for the businesses on a year-round basis, which in turn will provide economic stability and be a catalyst for growth in the area. Future Land Use Element Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The goals of the redevelopment plan are to improve the appearance of the area and to stimulate the revitalization of the North Federal Highway Corridor by encouraging new development. The new residential development will help to stimulate related commercial development along Federal Highway by creating demand for goods and services in the area. If a mixed use development had been proposed, both the residential and service oriented commercial uses would be complimentary to each other and the redevelopment area as a whole. While a mixed use development would have been ideal, the residential only proposal helps to fulfill several of the items listed above. Transportatio_n Element ,Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. P&Z Board Staff Report, Meeting, of June 16, 2014: St. George Plat Page 9 There is an existing bus stop along Federal Highway in the southern portion of the development. Thus, the applicant will be required to provide an easement and install a city-approved bus shelter on site. The bus shelter and easement are noted on the plans along the north side of the development. Transportation Element Policy A-2.2: Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of- way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of- Way Identification Map. Per LDR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, the required right-of- way width of Federal Highway (northbound lane) is 60 feet and 50 feet exists adjacent to the subject property. Given the location of the subject, the full 10-foot dedication would need to be dedicated from the subject property. The City has received an e-mail from the FDOT (State of Florida Department of Transportation) that indicates that no further dedication of right-of-way is necessary. It is noted that up till now FDOT has required full dedication to meet the 120-foot wide right-of-way for Federal Highway. Based on the correspondence from the FDOT, no additional dedication is required for this property. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA. The development proposal provides bicycle racks at the recreational facilities. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. The development proposal includes a 20-foot by 30-foot play area adjacent to the pool and open air pool house. The pool house includes an outdoor pool table for older children, however, the play area does not include details of the play equipment. A condition of site plan approval was that the plans be revised to include details of the play equipment and that they be oriented toward toddlers. Based on the above, a positive finding can be made subject to the condition that the equipment for the play area be provided and that they be oriented toward toddlers. Housing Element Policy A-11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. The City Commission and Planning and Zoning Board considered the driveway connection to NE 7th Avenue. They found that the connection would not have a detrimental impact on the residential neighborhood to the south due in part to the one-way vehicular exit and landscape improvements proposed by the applicant. Based on the above, the proposed development is consistent with this policy. P&Z Board Staff Report, Meetinq of June 16, 2014: St. George Plat Page 10 Housina Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. This project will not be excluded to occupancy by adults only. The project provides the desired mix of household types given the 16 units with a fourth bedroom option. The development does provide the facilities for children of different ages including a pool table for the older kids and a play area for the toddlers. It is noted that the project plans need to be revised to include the "Play Area" equipment. The project meets this policy by providing the fourth bedroom option for larger (family friendly) units near the downtown to counterbalance the number of one and two bedroom units approved in the core area. Based on the above, this Policy has been met. Policy B-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. The development essentially provides two varieties of floor plans that are in the same color and style. Thus, the proposed development is not consistent with this Policy. However, the aesthetic quality of the development is of a superior nature and will be an asset to the North Federal Highway corridor. Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housinq Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the City Commission made a finding that the driveway connection to NE 7th Avenue will not pose a significant detriment to the adjacent residential neighborhood given the proposed improvements and design of the connection. Pape, Scott From: Alejandro Gomez<alego08O6 @yahoo.com> Sent: Wednesday, September 24, 2014 3:34 PM To: Pape, Scott Subject: Re: Owner Consent to Plat Applications Scott Yes, I agree to staff recommendation in reference to the plat for St George. Please schedule on the consent agenda. Thank you Alejandro Gomez Sent from my iPhone On Sep 24, 2014, at 2:35 PM, "Pape,Scott" <Pape @mydelraybeac,h.com>wrote: Alex- Sorry to bother you, but it seems that we need you to agree in writing to staff's recommendation in order to schedule the St.George plat on the City Commission as a consent agenda. If you don't agree, we will put it the agenda as a Regular Agenda item. Find attached a draft of the CC Document. Please respond if you agree to staff's recommendation of approval. The plat is scheduled for the City Commission meeting of October 215 . Scott D. Pape, AICP Senior Planner Planning and Zoning Department 100 NM. 1st Avenue City of Delray Beach, FL 33444 Tel. (561) 243-7321 Fax(561) 243-7221 e-mail address: pape(amydeiraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees,or the general public regarding city business are public records available to the public and media upon request.Your e-mail communications may therefore be subject to public disclosure. ........ ..._.._ .._... __ ._... From: Rustin, Janice Sent: Wednesday, September 24, 2014 1:53 PM To: Pape, Scott; Little, Dana; Allen, Jasmin; Alvarez, Amy; Breto, Estelio; Jefferson, Candi; McDonnell, Mark; Miller, Diane; Smith, Danee L.; Vinci, Michael Subject: RE: Owner Consent to Plat Applications According to the quasi-judicial rules,t1iis applies to all plats that are placed on the consent agenda. From what I recall, final subdivision plats cannot be subject to conditions. ......... From: Pape, Scott Sent: Wednesday, September 24, 2014 1:16 PM To: Little, Dana; Allen, Jasmin; Alvarez, Amy; Breto, Estelio; Jefferson, Candi; McDonnell, Mark; Miller, Diane; Smith, Danee L.; Vinci, Michael 1 N. E. 14TH ST. Q LAKE AVENUE S. ;Q 'x c� O N.E. 13TH ST, 2 0 DENERY LANE w 'X Q N.E 12TH ST. BOND WAY o > > Q N.E. 11TH ST. i WITHERSPOON LANE N.E. 10TH ST. McKEE LN. 00 m w N.E. 9TH ST. a a r Lei w z C GEORGE BUSH BOULEVARD "N.E. 7TH CT, Q N.E. 7TH ST. 0- O � w � z N SUBJEC3' ST. 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O � vti r � r° Q W C 0 � � � L1r�i v`+h-._ _�-"-�_'___ry� __–_._" S.-„• a�_ DyY a_ 3n wo LLI LL1 o - °h � I .y 5 cm Z Weis V LL 4I 4§ 4 S 1JJ LL Q a — off; s n F- J z Q (aij J s 01 its!b W ,s Q LL LU W O O i l 3 '�: J _ Z. o o ' v 153M ______ -- ...c } !EI— Zb'90£ ,SZe� sz w - i - Q faV ii U All 1 e ry K � bao e - b A sn m .N u N _ c 44 A S Ilk N t on b h f}Q a a r t a e p r v. .lbaprsald �f® ��f �FXE7''^3C 'i.w5•�,��^� v�.�da.�,,+�6✓�n. r-•o��u .:6.Fir.�'�rri tk•r==P�� a?i�. rwsa�a/a�.yr'v�riw� y ,.,�,:r od..�ar.�7 i+w.z✓oyes w,r�a,..ya,.a.,.Mr+T'� �'�wu r-tw...�� ,o�„M�:•py„' av rfa pz,aywnu Pye�id•yr u+e.w..�e.ro fi�..,u,,,y.p�auw.r ay -�i'3Y Ova)O,yrl r/i S 4nn J%d• W6;'F�a�d Y! �' � a' �y Y-:F.Nor��'°aew.aY d�saW�d vorr+•d� ti maa/�ra.�.a.d F°°""�1��•rr,/.'.f...,� .�a d ttll��ryye� Pa.-��'•a rsas9r1 a ua,i r U.avc� �� ,.q�.T arws 'p'f'�wVAPA+(s�Jna;sPU% !`/l�ri4.aiN ea roiia�oGaJ'n'�ad J p•�),blyV+YrF-Ae slvgsndd 3f53N2 A9 NaiV�7NMaVlI F.l Ly 1 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: September 25, 2014 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 FINAL SUBDIVISION RE-PLAT APPROVAL/CODA TOWNHOUSE DEVELOPMENT BACKGROUND The item before the Board is that of approval of a final plat to be known as Coda Replat No. 1. The subject property, located between SW I st Avenue and SW 2nd Avenue, along the south side of SW I st Street, was originally approved for a 3-story mixed-use building within the Coda development. This portion of the Coda development was never constructed, and is now being re-platted to eliminate the mixed-use building and allow an additional 16 townhouses to be constructed in this area. On February 22, 2006, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan for Coda with 36 townhouse units and a 3-story mixed-use building that accommodated 19,448 square feet of gross office floor area on the Ist and 2nd floors and four 2-bedroom loft units on the 3rd floor. On April 18, 2006, the City Commission approved the plat for the Coda Development. On March 4, 2014, the City Commission approved a small-scale Future Land Use Map amendment for the subject property from TRN (Transitional) to MD (Medium Density Residential 6-12 du/ac) and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District. On April 1, 2014, the City Commission approved rezoning of the subject property from RO (Residential Office) District to RM (Medium Density Residential) District. The City Commission also approved an amendment to the Land Development Regulations by amending Article 4.7 "Family/Workforce Housing", Section 4.7.1 "Definitions", Subsection (p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one; and by Amending Section 4.5.9 "The Southwest Neighborhood Overlay District" to correct a scrivener's error. On April 16, 2014, the City Commission approved a conditional use request to allow an increase in density to 21.22 units per acre (12 units per acre maximum allowed without the conditional use) to add 16 units to an existing 36 unit development associated with the existing Coda development for a total of 52 townhomes on 2.45 acres in the Multi-Family Residential (RM)Zoning District. On May 14, 2014, the Site Plan Review and Appearance Board approved a Class IV Site Plan modification of the Coda development to eliminate the three-story mixed-use building and construct an additional sixteen(16)townhomes on the subject property. FINANCIAL DEPARTMENT REVIEW DISCUSSION The subdivision is a re-plat of Tract C, a portion of Tract OS-6 and a portion of Tract P, Coda, according to the plat thereof, recorded in Plat Book 108, Pages 11 and 12 of the public records of Palm Beach County, Florida on June 28, 2006. The re-plat will subdivide the subject property into 16 townhouse lots (Lots 37-52) and five (5) tracts reserved to the Coda Master Association. Tract"P1" is for access and parking and Tracts "OS-6A", OS- 7", "OS-8", and "OS-9" are for open space and recreation. The plat includes a 10 foot wide general utility easement around the north, east and west sides of the development, except at the roadway intersections where it has been reduced to 7 feet in width. A 10' general utility easement is also being provided within Tract "P-1" running east-to-west through the southern section of the property. Since portions of this easement adjacent to the south property line are located within the existing Coda plat, only 8.72 feet is being dedicated with this plat in those locations. In addition to water and sewer lines located within Tract "P-1", water easements are being provided over portions of Tracts "OS-6A", OS-7, "OS-8", and "OS-9". The re-plat depicts two existing easements, dedicated by special instruments that will remain, including a 10' wide FPL easement around the perimeter of the property and a 16' wide general utility easement running north-south through the center of the property. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations can be made. It is also noted that a complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. REVIEW BY OTHERS On July 21, 2014, a preliminary plat and certification of a final plat for the final phase of the Coda Townhouse development, a 16-unit townhouse development being platted as Coda Replat No. 1 was reviewed by the Planning and Zoning Board and the Board recommended approval (7- 0). A full analysis of the proposed preliminary plat, including the required findings, is provided in the attached Planning and Zoning Board staff report. Courtesy Notices have been provided to the following groups and neighborhood associations: • Delray Citizen's Coalition • Chamber of Commerce . Ebony of Delray The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Move approval of the Final Plat for the Coda Replat No. 1, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. P""LA NNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF ®d® MEETING DATE: July 21, 2014 ITEM #V.A.: Coda Replat No.1 — Final subdivision plat, replatting a portion of the Coda development, for the creation of sixteen (16) townhouse lots as Coda Replat No. 1, located on the south side of SW 1st Street between SW 1st Avenue and SW 2nd Avenue, GENERAL DATA: Applicant-. .......... New Urban Lighthouse, LLC - Agent............................ Tim Hernandez . Location........................ Located on the south side of SW 1St Street, between SW 1 st Avenue and SW 2"d Property Size................ 0.86 Acres A T L.4 T I C A Y V _ Existing FLUM............ MD ((Medium Density Residential 5- 12 du/ac) Q Existing Zoning RM (Multiple-Family Residential - -- Medium Density} Adjacent Zoning , ............North: CF (Community Facilities) - . - .......East: OSSHAD Old School Square Historic Arts _._.: _... District) - .......................South: RM (Multiple-Family Residential - sE Medium Density) ........................West: CF (Community Facilities) Existing Land Use......... Vacant e Proposed Land Use...... 16 Townhouses :a Water Service...... ... Available via connections on SW 1" ....... Street ; - Sewer Service............... Sewer service is available via I s: connections to existing sewer lines - t = '. " . _ _ ' within the developed portion of the site to the south ITEM IEORE THE BC?;�RD >r The item before the Board is that of approval of a preliminary plat and certification of a final plat to be known as Coda Replat No. 1. The subject property, located between SW 151 Avenue and SW 2"d Avenue, along the south side of SW 15` Street, was originally approved for a 3-story mixed-use building within the Coda development" This portion of the Coda development was never constructed, and is now being replatted to eliminate the mixed-use building and allow an additional 16 townhouses to be constructed in this area. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. uD .11 RY'�Yl On February 22, 2006, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan for Coda with 36 townhouse units and a 3-story mixed-use building that accommodated 19,448 square feet of gross office floor area on the 1st and 2nd floors and four 2-bedroom loft units on the 3rd floor. On April 18, 2006, the City Commission approved the plat for the Coda Development. On March 4, 2014, the City Commission approved a small-scale Future Land Use Map amendment for the subject property from TRN (Transitional) to MD (Medium Density Residential 6-12 du/ac) and an associated amendment to the Future Land Use Map to identify that the property is included within the Southwest Neighborhood Overlay District. On April 1, 2014, the City Commission approved rezoning of the subject property from RO (Residential Office) District to RM (Medium Density Residential) District. The City Commission also approved an amendment to the Land Development Regulations by amending Article 4.7 "FamilyAA/orkforce Housing", Section 4.7.1 "Definitions", Subsection (p) "Southwest Neighborhood Overlay District" to expand the area as shown on the map by repealing the existing map and replacing it with a new one-, and by Amending Section 4.5.9 "The Southwest Neighborhood Overlay District"to correct a scrivener's error. On April 16, 2014, the City Commission approved a conditional use request to allow an increase in density to 21.22 units per acre (12 units per acre maximum allowed without the conditional use) to add 16 units to an existing 36 unit development associated with the existing Coda development for a total of 52 townhomes on 2.45 acres in the Multi-Family Residential (RM) Zoning District" On May 14, 2014, the Site Plan Review and Appearance Board approved a Class IV Site Plan modification of the Coda development to eliminate the three-story mixed-use building and construct an additional sixteen (16)townhomes on the subject property" c;s=;::ix='"r"i:ii:z?ai"rci�;.:;:x................."._."."_."."..,"......". .,. "..":c:.e-.::.a:z!c;:r.::z:E::Eiez:T" r.°"amax�mr.��':°'gel'.eii::;Re:.?a"ssdh.F0°%^' n"...c.>s;..c:::e°:ea°"Y.."x•c.,.v.F..r;4F.,x»..n:�::"<.":>..,.".» Ca°n:?:i'.:cc;°:;^:' :.=mcc:::::m.:avi:�:�=czea:: sA.. .. .., .<.,.»......a°e^ „.Ya:::•x'z.ee._r.. .....« r^ .:.......... -"-- <,<."a......,._.-.,,......<....._...,t.....,...r :.,",�.__,.°.=.::w......a-�'Ch.....c%e_a.rm...,...>».",...e:>,a ..._?x.aw• az i ::i:°:ziziieM:FEE:.: r<. ;d:,,°x.<re.".�,,.r€a.n.".i....n...<..... ..,—<.,.<.FF"'ca>,".,.<....:^.r ...".,......... ..,«.._..,....:,'.>:..:-F"««<::a,,:.'z':E».[:....<.,..:.".3.,.c...,.."i_s".E.,„... -•..`Ixi:<.::'°m..E'.°^E°.`a.i.5[as:te°:!s.:s£as»k:t-.6<-.<,r. :?tei:n:L[".:E::F::iH.:=.=;":::»YC:%:Vt".=<`:E"°:»..«....-.."<<°E. ".......,,..."."m...,m...Y..-.e:°.:i.;•...;.ti.;.r:nyt'.,.;...,<>........,...,....t..,n"t<.x,;<tStt......,..,..t....,.<z:..S:....?S..n«_._..,.«.,.,...,._»?w:'.:E:':9x:E"^.c.',.ca:Et.,°tieL'`t:;..........._..&._......_._m..,_."s...zt"°.C;R9&..:.""na:<C."::IS.L.<.<.-.';.•enF.•.:..e�.._.Y.7ici3YL`S'z..3:Yr. The subdivision is a replat of Tract C, a portion of Tract OS-6 and a portion of Tract P, Coda, according to the plat thereof, recorded in Plat Book 108, Pages 11 and 12 of the public records of Palm Beach County, Florida on June 28, 2006. The replat will subdivide the subject property into 16 townhouse lots (Lots 37-52) and five (5) tracts reserved to the Coda Master Association. Tract°P1" is for access and parking and Tracts „ „ "OS-6A", OS-7", "OS-8", and "OS-9 are for open space and recreation. P&Z Board Stag Report, Meeting of July 21, 2014: Coda Replat No. 1 Page 2 The plat includes a 10 foot wide general utility easement around the north, east and west sides of the development, except at the roadway intersections where it has been reduced to 7 feet in width. A 10' general utility easement is also being provided within Tract "P-1" running east-to- west through the southern section of the property. Since portions of this easement adjacent to the south property line are located within the existing Coda plat, only 8.72 feet is being dedicated with this plat in those locations_ In addition to water and sewer lines located within Tract "P-1", water easements are being provided over portions of Tracts "OS-6A", OS-7", "OS- 8", and "OS-9". The replat depicts two existing easements, dedicated by special instruments that will remain, including a 10' wide FPL easement around the perimeter of the property and a 16' wide general utility easement running north-south through the center of the property. ..-... ....:.^.^....E^.>..M.:.:.. ...^.....E.,..G.:`. _........,_^.^.^..,^.^ ..,.,.,.. -: ,_.._.^..^.,.. �IC'LAT'.a4tal;�IL��1S ^,^;....�^., ., .^,..^:..........^............_.^......, Pursuant to Section 3.1.1 of the land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a current Future Land Use Map (FLUM) designation of MD (Medium Density Residential) and a current zoning designation of Multi-Family Residential (RM), which are consistent with one another. Thus, positive findings can be made. Section 3.1.1 (B)_- Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service is available via connections to an existing 8" water main located within the SW 1st Street right-of-way. Sewer service is available via connections to existing sanitary sewer lines within the developed portion of the site to the south. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The paving and drainage plans indicate that drainage will be accommodated via an exfiltration trench system. There are no problems anticipated in accommodating on-site drainage. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: A finding of concurrency has been issued from the Palm Beach County Traffic Division indicating that the proposed development will generate 112 net new vehicle trips per day with 12 AM net new peak hour trips and 14 PM net new peak hour trips. P&Z Board Staff Report, Meeting of July 21, 2014: Coda Replat No. 1 Page 3 Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan concludes that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of$500.00 per each new dwelling unit will be collected prior to issuance of a building permit for the proposed additional sixteen (16) units. A total fee of eight thousand dollars ($8,000.00) will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: The proposed 16 new dwelling units will generate an additional 8.32 tons of solid waste per year. The existing 36 units generate 98.72 tons of solid waste per year. Collectively, the proposed 52-unit development site will generate 27.04 tons of waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. Schools: The Palm Beach County School District has approved the development proposal for compliance with the adopted Level of Service for School Concurrency. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "K, a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 4.3.4(K) (Development Standards Matrix): Open space, building setbacks, and building height were addressed with approval of the site plan for the project. • LDR Section 5.1.3(A) (Plat Required): A plat is required for the project. The property will be subdivided into 16 townhouse lots and five tracts. • LDR Section 5.3.1 (A) (Right-of-Way Dedication):_ Additional right-of-way for SW 1st Avenue and corner clips at the intersections of SW 1' Street with SW 15t and SW 2nd Avenue were dedicated with the pervious Coda plat. No additional right-of-way dedication is required_ A complete review of the site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix"C". P&Z Board Staff Report, Meeting of July 21, 2014: Coda Replat fro, 1 Page 4 7�CFtt�ICAt_ lTE1�i1S Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission- While there are remaining comments, they are minor in nature and will not impact the general plat diagram. `< f f�EVIEW BY ©TIER Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Delray Citizen's Coalition . Chamber of Commerce . Ebony of Delray Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting- ASSESSMt✓NT AN',[} CI�JCLI)SIQN The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix °B" - Technical Items" section of this report, before it can advance to the City Commission- ................................<...........-...,..>_.6`:».::¢'.:..:::::.E::.......`......::::.«......,.ri: ',WY-=3==.S':t:a,";:•s::W:E`•v ».....-....«-.«- ...,...<-.,.a:,:.»:: .:,: .. ... . :..........Fk, F .,.,....f..-r,.<.^<..%,.-..^..,....^.....>............d.-.:..........-. a.<.:................... .i y y /� ,+.y'.Y _...n..:e...-.a.r..--....a...................<....-...-........-:..»...,....».,.[.....,.<...,.>_...,.ALT��'�•A�:Y<:,..a�:!1C::4.1:�1 Y.�.,...;.;.c.,.i'�?rS;:::'.°:_':»'::»;:"0i^;i='>:::::ci A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Coda Replat No. 1, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 32.3 (Standards for Site Plan and/or Plat Actions) and Section 3.11 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions_ C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. . ,.�.We. .;:,..,_W. ,.W................e...,W,�;_..;._.,� _. ,, _m.,......,.._..._._..m. ._.n........,..v....m.,_.,.....__..._..m.m.._... s e:,; :e e:e w.r :.:.•::.p:< w[: ::a.. ....,,m,........._..,_.,...,...,e,.......,.....�...,....m.n�...:..u....,..m.....m..E.:�`C�F�w°1't�,-?� �1=11�1� ;;.�.er:e:m.:.e:e.,na sr;:�- Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Coda Replat No, 1, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive P&Z Board Staff Report, Meeting of July 21, 2014: Coda Replat No. 1 Page 5 Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1-1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix °B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Aerial Map • Proposed Plat • Survey • Approved Site Plan • Original Coda Plat P&Z Board Staff Report, Meeting of July 21, 2014: Coda Replat No. 1 Page 6 . ..._......^. — -e m.m.r:.:: ^..,_.1..^....<.. »»«.y ...:.L... °^.^°^°..e .^.,...._:........ _ ...,. ,�,x:,° .........^.i:^:'.::6'.`.'°.'.^.: e:.:.':.°.^^':::::::«...ate.:'"W:e.'.°.::•Fm...^eL°E:E%^..Fe9. ::.::.,^............<...,_...... r� N IAR U F ;WI ;�:]?L:dA.:Te:WTt31t .....,:: ;w:: .,_..t:°._........ .. .......^...,.^.^.^..... o-......».....< e•>•'C'� .• 6;.."..d..«...._.....<......,m_e v....,.. ...,..9.. <....:g;<:,:-..'.P:m:m.e P°..mtl.>«•.•E2 : -r.�.a.,._m...__. ._".,..,.. ,.,d......"d..."."..............",__2...._.._._.W.,.:.m.::;'cen..,..".......»...e,.:`-"."._.,. ...K.«<..... A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood,the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of,July 21, 2014: Coda Replat No. 1 Page 7 F. Property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing (Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of July 21, 2014: Coda Replat No. 1 Page 8 e. ..>-.... >.......»".-»...>."..............".,.."...,. .11...�Y � �.��^ : �°is ..."..........-...,...... ^.......^>.^.......::.".> to �.::..:........::'"-::'::!.... "y....::.""':�::9::::.'..e,:.'.°.°..:e«:.::°.::^"'°:':..:::::' :. ...::��.{�g;.-.:::' ;:1 _....■y..�,, _:./■y.�):;:-^.,.;■.y�( tC°^:::.<.^<.":.f>2.E.t:.«:.":.e-...3.«.,_............^..,..,....�..t..^....,.....>:.t:".<«« .•ae:.:� The following comments must be addressed prior to scheduling the plat for City Commission: 1. Please coordinate location of easements on plat, civil, landscape, and composite utility plans. Existing and proposed easement location and labeling needs to be consistent on all plans. This includes updating of civil plans to reflect the change on plat of"Water and Sewer Easements" to "Water Easements" only and to eliminate "Water and Sewer Easement" within "Tract P1". 2. Prior to approval of plat, submit South Florida Water Management District (SFWMD) permit or permit modification in accordance with LDR Section 2.4.6(J). If project qualifies for an "electronic self-certification" with SFWMD, provide letter from Engineer of Record stating reason. In addition, letter must also state all requirements under Florida Statues Section 403.814(12) have been meet. 3. Provide per LDR Section 2.4,3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan needs to be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services. P&Z Board Staff Report, Meeting of July 21, 2014: Coda Replat No. 1 Page 9 _............. E 3"X e GOMPH11rB P A1t1 �PD ,LlG1�5 —; Future Land Use Element Obiective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The subject site is vacant/undeveloped land and has been cleared of all buildings, trees and shrubs. Thus, there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The site is bordered by public rights-of-way (SW 1$' Avenue) on the east, north (SW 15' Street) and west (SW 2"d Avenue). Across the street, to the east, is the Sundy House Restaurant and Hotel. To the west of the site, across SW 2nd Avenue, is the South County Courthouse. To the north of the Coda site, across SW 15' Street is the multi-level parking garage serving the South County Courthouse and the Delray Beach Public Library. To the south of the subject parcel, is the balance of the Coda development containing 36 townhome units. No adverse impacts to the adjacent land uses are anticipated. The surrounding properties to the north and west are community facilities and zoned CF (Community Facility). To the south are compatible multiple family residential townhomes zoned Multi-Family Residential (RM), which is consistent with the zoning on the subject property. The properties to the east are located within the OSSHAD (Old School Square Historic Arts District). All adjacent zonings are consistent with the proposed development of the subject parcel. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance or providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area" The proposed Coda will help to fulfill this stated land use need by providing 16 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Future Land Use Element Objective C-3: The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future_Land_.Use Element Policy C-3.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents P&Z Board Staff Report, Meeting of July 21, 2014: Coda Replat No. 1 Page 10 the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketingleconomic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The following excerpts are from the Downtown Delray Beach Master Plan: "in order to maintain the overall "Village Atmosphere" of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district, especially in the four blocks north and south of the Avenue. It is this Plan's additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown." The development proposal will locate a total of 16 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants, in and contributors to, the downtown area community. The Coda development proposal is consistent with Future Land Use Element Objective C-3 and Policy C-3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. FL A T L_ A N T C A V E I ; i W ! I Q W Li a Li S.W. 1 ST ST. 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MACY From: Timothy Hernandez [mailto:THernandez @newurbancommunities.com] Sent: Thursday, September 25, 2014 9:35 AM To: Breto, Estelio Cc: Little, Dana; Kevin Rickard Subject: Re: Owner Consent to Plat Applications Estelio and Dana: As owner of the property subject to the Coda Replat No. 1,we agree with the Planning Department recommendation with respect to said replat and consent to it being placed on the City Commission consent agenda for action. Should you have any questions, please advise. Timothy L. Hernandez, AICP, Principal New Urban Communities Vice President New Urban Lighthouse, LLC 398 NE 6th Avenue Delray Beach, FL 33483 (561) 279-8706 x 201 (w) (954) 610-7400 (c) Thernandez @newurbancommunities. corn www.newurbancommunities.com From: Little, Dana Sent: Wednesday, September 24, 2014 11:44 AM To: Allen, Jasmin; Alvarez, Amy; Breto, Estelio; Hoggard, Ron; Jefferson, Candi; McDonnell, Mark; Miller, Diane; Pape, Scott; Smith, Danee L.; Vinci, Michael Subject: Owner Consent to Plat Applications Everyone, Janice just informed me that the City's Quasi-Judicial rules require that for a Plat approval to be on the Consent Agenda, the applicant must agree in writing to staff's recommendation. 2. General Procedures for City Commission Consent Items A. Consent Agenda Items. Applications before the City Commission for plat approval, variances, or waivers may be placed on the consent agenda, if the Applicant signs a statement that the Applicant concurs with the Staff recommendation. The current culprits are the Windsor Plat and the Delray Honda Plat (Mr. Breto) Janice said an email from the applicant/owner confirming they concur with staff s position will suffice. Thanks —let me know if there are any issues - D Dana P. Little,AICP Director,Planning and Zoning Dept. City of Delray Beach 100 NW 1 st Avenue Delray Beach,FL 33444 P* 561-243-7041 F* 561-243-7221 E* littickMydelraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. <CODA FINAL REPLAT - 1 FOR CITY COMMISSION.pdf> A T L A N T IC A V E z > W Q � S.W_ 1 ST ST- S,E. 1ST ST. I� w > - Q Q d z Ln Cy- C14 = r� Z F Lv S.W. 2ND ST. S.E. 2ND ST. 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F- . EM —o N W W o 7lJI--� c7�O aoZ oil �g Zo~OW~� w LJ mVzm- fZQ4QZ4 O (� Fx$ AE'I[" . e ,xla[ 'J H O J m(�Q V $ 'I6 3.ie.f.[¢y ,�.1 J d i 3.00.00.OQN �r V-Q W w O 31Dtl1]V(10]153M rte] O Z V d 1]Ytll 0 g om-r + ■ m [eo 0 OIL a w a ¢ ° ^ nii �,� ara �g I�al• U $3 , � ra @ems -- f99��d' [ix All [Y x S1707 i3 AD,DO.00N IPA- N g 9N1BM 9H 1NIOd _—_—_— E 3'f'Vd 't NOOFI 1V`!d AYM AC 11H9IH .05 3 nN3Av 0 N 2 A 'S "m m cc w F oaN z w - - }W rrx�rrr. tij co VUc Q �NriMrimNNNri ate" > w,q a z N. uWYY a2 wQ~"_ wm mom a F- QJ,,o ...oao°mmom p ¢tea 9°. ... m- s� ■ ��muumsn w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: September 23, 2014 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 ACCEPTANCE OF A RIGHT OF WAY DEED/SWINTON SOCIAL BACKGROUND At its meeting of November 16, 2011, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness and Class V Site Plan for an adaptive reuse project known as Swinton Social, located on the properties at 27-43 South Swinton Avenue within the Old School Square Historic Arts District (OSSHAD). The approval was conditioned on the acceptance and recordation of the following: 1. A 1' right-of-way dedication along SE 1st Street, adjacent to 43 South Swinton Avenue, for the purpose of increasing the sidewalk width from 4' to 5'; 2. A 2' right of way dedication from the north/south alley within Block 69, adjacent to 27, 31, and 35 South Swinton Avenue; and, 3. A 20' x 20' corner clip at the northeast corner of South Swinton Avenue and SE 1 st Street. The existing right-of-way width for SE 1 st Street measures 25', whereas the required width is 55'; the required right-of-way width was recommended for reduction to 52' at the Development Services Management Group (DSMG) meeting of August 25, 2011. The existing right-of-way width for the north/south alley in Block 69 measures 16', whereas 20' are required; the required dedication measurement is half the balance of the needed right-of-way, which will be requested upon redevelopment of the adjacent parcels to the east of the alley. The dedications and aforenoted corner clip are shown on the attached exhibits. The City Attorney has reviewed the Right-of-Way Deed for legal sufficiency and form, and has determined it to be acceptable. RECOMMENDATION By motion, accept the right-of-way dedications for the alley and SE I st Street and 20' x 20' corner clip associated with the approved adaptive reuse of the properties for 27-43 South Swinton Avenue, Old School Square Historic District. Prepared by: RETURN: City Attorney's Office 200 N.W. 1stAvenue Delray Beach, Florida 33444 I z - 4'3--A4'-1(.-10, - 0 f-61 12-A;-A(6- 1S- -At- 0" °®A4ta PCN# l 2—4-4-1 ''-e 1 b-�g- p 01-'o WS 12^Q3-A.(0.. g°1. °41,-a{.Pg `01 µ,ms RIGHT-OF-WAY 1-®F-WAY EED TIUS INDENTURE made this 3 day of �„1� , 20`x, between Vb e 4-totd kno's G-e- _...._._ , with a mailing address of v . 6� _ e voi- 33 q as party of the first part and CITY OF DEI..IiAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue,Delray Beach, Florida 33444, as party of the second part. WITNESSETH : That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its ,successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida,to-wit: (Legal Description) See Exhibit"A"attached hereto. ( 4 SV+-e0_4.;) This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it,that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in the presence of -' � By ( printed typ a C� �a �W t Name anted or e r(��,[- ��. CA,(- (Name printed or typed) (Address) (Name printed or typed) STATE- OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2014 , by Am H-t) G01 l al o _ who is personally known to me or has produced as identification. 9 Si atu of Notary Pub e S ate of lorida Y' J WHITLEY � = Commission#EE 032097 Vol;. R= Expires November 20,2014 ''•F,p�vkQ.'' BoridedThmTroYFanlnw rige899-3857919 r 2 pro i i ' SAETCTI0FDESCRRW0N jjp' MAITWU�6"Y 9 , a p� Y Guam DESCRIPTION ION OF ADDITIONAL RIGHT-OF-WAY THE EAST 2 FEET OF LOT 11 BLOCK 69 OF THE PLAT OF SUBDIVISION OF BLOCK 69 AS REGORGED IN PLAT BOOK 2 PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PARCEL CONTAINS 00.00 SQUARE FEET THIS IS NOT A SU.R ICE Y Not valid unless Renner, Burgess, Inc, sealed with embossed Authorization Number LBa504 i S.B.4th Ave.,Suite 205 surveyor's seal Delray Beach, FL$3483 1 hereby rt' th'4t-theSY�TCH�?EDESCiZ3PTION shotivs� hereon Phone 581-243-4624 meets f e in` irpu 4 hnlcaE standards set forth in Chapter 61GI7-6, Fax 243-4869 Fiodda Ad 'inistra i e G dEe suant .to Section 472.027, Florida Statut s. HaryyA. rg P:L.S. No, 5089` amp "A " SKETCHOFD ESCR=0N 1, r L ..o „ r DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY THE EAST 2 FEET OF LOT 12 BLOCK 69 OF THE PLAT OF SUBDIVISION OF BLOCK 69 AS RECORDED IN PLAT BOOK 2 PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PARCEL CONTAINS 100.00 SQUARE FEET N THIS IS NOT A SURVEY Not valid unless Renner, Burgess, Inc. Aui sealed wits, embossed hariza#ton Number L B6Saa Surveyor's seal 1 S.F.41h Ave.,Suite 205 Delray Beach, FL 33483 1 hereby ertify a the SKETCH OF DESCRIPTION shown hereon Phone 561.243-4624 meets t ni um ech '.cal standards set:forth,in Chapter 61017-6, Fax 243-4869 Florida A inist ve ode ursuant to Section .472.027, Florida Statut s. i d Nar A. urgess RL.S. No.5089' IV SKETCHOFDESCRUWON m 0 VI-rjoN U ALLCB WAS Wf � 1 to DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY THE EAST 2 FEET OF THE NORTH 16 FEET OF LOT 13 BLOCK fig OF THE PLAT OF SUBDIVISION OF BLOCK 69 AS RECORDED IN FLAT BOOK 2 PACE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA PARCEL.CONTAINS 32.00 SQUARE FEET THIS IS NOT A SUR Tom'Y Not valid unless .ginner, Burgess, Inc. sealed with embossed Authorization Plumber L56504 1 B.E.4th Ave_,Suite 205 surveyor's seal Delray Beach, FL 33483 1 hereby !very t t the SICTCH7F DESCRIPTION spawn hereon "=- Phone 581-243-4624 meets t,I� imu t h.' a€standards set forth in Chapter 6IG17-6, Fax 243-4869 Florida ` i ist a , de pursuant to Section 472.027, Florida Statut s. Ha ! ge P.L.S. No. 5089' a ' SIffICHOFDE%'�" ON V tl V A PARCEL LYING IN LOT 15 BLOCK 69 OF THE PLAT OF SUBDIVISION OF BLOCK 69 AS RECORDED IN PLAT BOOK 2 PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE SOUTHWEST CORNIER OF SAID LOT 15 THENCE S39 09'00"E ALONG THE SOUTH LINE OF SAID LOT 15 A DISTANCE OF 123.00 FEET THENCE N 00 00'00"E ALONG THE EAST LINE OF SAID LOT 15 A DISTANCE OF 1.0 FEET THENCE N 59 09.00-'W A DISTANCE OF 109.00 FEET THENCE N 45 25930°"W A DISTANCE OF 20.67 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF S INTON AVENUE.THENCE S 00 00'00'°1$44 ALONG SAID RIGHT OF-WAY A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING PARCEL CONTAINS 309.46 SQUARE FEET THIS IS NOT A SURVEY Not valid unless eriner, Burgess, Inc. p sealed with embossed nShGrizafi0n Number t.B8504 SiJrVBy4f`5 5681 1 S.S.4th Ave.,Suite 206 Delray Beach, FL 33483 i hereby ertity that the SKETCH OF DESCRIPTION shown hereon ' Phone 561.243-4624 meets th ini m technical standards set forth in Chapter 61017 Fax 243.4869 Florida mini t tive .Cod pursuant to Section 472.027, Florida Statute $-ta A. Bur P:L.S. No.5089' Detail by Entity Name Page 1 of 2 IN VU b Detail by Entity Florida Limited Liability q any BBC HOLDINGS, LLC Filing Information Document Number L03000023533 FEIIEIN Number 770608606 Date Filed 06/26/2003 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/11/2006 Event Effective Date NONE Principal Address 4744 Spinnaker Dr. Bradenton, FL 34208 Changed: 01/08/2014 Mailing Address 4744 Spinnaker Dr Bradenton, FL 34208 Changed: 01/08/2014 Registered Agent Name &Address Colosia, Alyson P 4744 Spinnaker Dr Bradenton, FL 34208 Name Changed: 01/08/2014 Address Changed: 01/08/2014 Authorized Persontsl Detail Name &Address Title Manager Colosia, Alyson P 4744 Spinnaker Dr Bradenton, FL 34208 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/flal-10... 8/19/2014 Detail by Entity Name page 2 of 2 Title Manager Colosia, Javier A 4744 Spinnaker Dr Bradenton, FL 34208 Annual Reports Report Year Filed Date 2012 01/05/2012 2013 01/16/2013 2014 01/08/2014 Document Images 01/08/2014 ANNUAL REPORT View image in PDF format 01116/2013 -ANNUAL REPORT F View image in PDF for 0110512012 --ANNUAL REPORT F View image in PDF for 01106/2011 --ANNUAL REPORT F View image in PDF for 01111/2010 --ANNUAL REPORT View image in PDF for 01107/2009--ANNUAL REPORT View image in PDF format 01/12/20038--ANNUAL REPORT F View image in PDF format 10/19/2007 -- Reg.. Agent Change View image in PDF format 01/1012007 --ANNUAL REPORT F7777View image in PDF for 10/11/2006 -- REINSTATEMENT E View image in PDF for 06/2912005 --ANNUAL REPORT View image in PDF format 08/10/2004-- ANNUAL REPORT View image in PDF format 0612612003 Florida Limited Liabilites View image in PDF format ,............... . t;ouvriohti CERTIFICATE (if Corporation) STATE OF FLORIDA. ) ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board. of Directors of L16— , a corporation under the laws of the State of � held on 7L/ d 20(( the following resolution was duly passed and adopted: "RESOLVED",that �L': -, l , as - G — of the Corporation, he is hereby authorized to petition for t4 4 r' CMG.&_, to the City of Delray Beach, Florida, and that his execution thereof, attested by the Secretary of the Corporation and corporate seal affixed, shall be the official act and deed of this corporation" I further certify that said resolution is-now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand t s day of BOA. (Secretary) CORPORA'T'E SEAL: Subscribed and sworn to before me this S day of Auq 1 Tr , 20 ( , by who is personally known to me or has produced Wr Lt YI <.- _- ,_..,r(type of identification) as identification and who did take an oath. .: Commission#EE 032097 a Exom November 20,2014 Na y Puglic. Bon W Mn TrWfain hnstaance MM-7019 C3 fission Expires: l� NOTARY SEAL: w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal Krejcarek, P.E., Director of Environmental Services Department Isaac Kovner, P.E., City Engineer THROUGH: Terry Stewart, Interim City Manager DATE: September 23, 2014 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 ACCEPTANCE OF A RIGHT-OF-WAY DEED/SE 2ND AVENUE PARKING LOT BACKGROUND The subject properties (215-219 SE 2nd Avenue) are located between SE 2nd Street and SE 3rd Street, located within Osceola Park Business Area. The two lots combined include 0.131 acres consisting of Lots 6 and 7, Block 87, Linn's Addition to Osceola Park. The property is currently vacant and was purchased by the CRA to facilitate additional parking for the adjacent businesses as part of the Osceola Park Redevelopment Plan. The new 14—space permeable paver parking lot with associated LED lighting and landscaping will be constructed in conjunction with the SE 2nd Street Beautification Project, which includes streetscape improvements along SE 2nd Avenue, SE 2nd Street and construction of the adjacent alleys. On May 29, 2014, the Development Services Management Group (DSMG) supported the reduction of SE 2nd Avenue from 60' to 50' wide and the 2'- alley Right-of-Way dedication. Furthermore, at its meeting of August 13, 2014, the Site Plan Review and Appearance Board (SPRAB) approved the site plan and associated waivers with conditions, including the dedication of 2' of right-of-way for the abutting alley. Pursuant to LDR Section 5.3.1 (D)(2), the required right-of-way width for alleys is 20' or the existing dominant width. The existing dominant alley right-of-way width currently measures 16'. However, LDR Section 5.3.1(D)(3) states that additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to assure adequate access, circulation, and parking in high intensity use areas. Therefore, dedication of 2' of alley right-of-way is required with this development proposal. DISCUSSION The item before the City Commission is acceptance of a 2'- alley Right-of-Way Deed for Lots 6 and 7, Block 87, Linn's Addition to Osceola Park, associated with the SE 2nd Ave Parking Lot Project. TIMING OF THE REQUEST The timing of this request is of high importance, as coordination between the CRA and the City is highly desirable. RECOMMENDATION By Motion, staff recommends approval of the 2'- alley Right-of-Way Deed for Lots 6 and 7, Block 87, Linn's Addition to Osceola Park, associated with the SE 2nd Ave Parking Lot Project. NOT VALID WITHOUT SHEET 1 OF 2 SKETCH AND LEGAL DESCRIPTION (THIS IS NOT A SURVEY) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA f ADDITIONAL RIGHT-OF-WAY 12' ALLEY (P,B. 1 PG. 133, P.B.C.R.) LEGEND: — LB LICENSED BUSINESS NTS NOT TO SCALE POB POINT OF BEGINNING LOT 5 PBCR PALM BEACH COUNTY RECORDS PB PLAT BOOK BLOCK 87 PG PAGE LINN'S ADDITION TO OSCEOLA PARK R/W RIGHT-OF-WAY (P.B. 1 PG. 133, P.B.C.R.) SR STATE ROAD J co 2 (P) PLAT RECORD NE CORNER OF LOT 6, BLOCK 87 U Cn a (P.B, 1 PG. 133, P.B.C.R.) in 3i m a o N89°21'32"E 2.00' ° M SCALE�� 1--2s' p/W a �; to 1"= 2V^' 2 a x NORTH LINE OF LOT 6, BLOCK 87 � v m (P.B. 1 PG. 133, P.B.C.R.) w a I tp or 1 g w U CL E1j m o Ei a w ate. Q SOUTH LINE OF LOT 6, BLOCK 87 °rri Ln ' '�' NORTH LINE OF LOT 7, BLOCK 87 QO O Cy ° o (P,B. 1 PG. 133, P,B.C.R.) p Q T m Q 0. co Hto I�I� (�fv7 n 3: L u f ^ Q[0 a.T LL! '! z w tJW' L�1LL�� 1J(o?Ef r CD <; 4 ti z CL 4© OO MFQ),,�Ga G�G]G E CO o w cd \ ((loo L°7o ��a NJNJg �oL°Jol�?alNo� O rQ� -J N Z v! ¢ M C N �O B w CL O CL Ln E w SOUTH LINE OF LOT 7, BLOCK 87 (P.B. 1 PG, 133, P.B.C.R.) cn P.O.B. w S89°21'32"W 2.001—/ SE CORNER OF LOT 7, N IV BLOCK 87 o LOT 8 (P.B. 1 PG, 133, P.B.C.R.) 0 BLOCK 87 LINN'S ADDITION TO OSCEOLA PARK N (REI, 1 PG, 133, P.B.C.R.) N Ln tf N - Calvin.Giordano f,AsioClates. Inc. SME FRWECT No SHEET i LOTS S AND 7 BLOCK 87 N FXCFPTICNAI SCLLITIONS" 1" = 20' 12-5520 LINN'S ADDITION TO OSCEOLA PARK 2 CIUE C►D FiLE i CITY OF DELRAY FLORIDA Certlticele of Aulharisetion 8761 ' 9�23�14 SE[cEj� 2 �Q,OEVFLOP, .. 4f-183E Agenda Item # 20 N.Swinton Avenue September 23, 2014 Delray Beach,FL 33444 CRA BOARD SUMMARY RIGHT OF WAY DEDICATION - SE 2ND AVENUE PARKING LOT The subject properties (215.219 SE 2"d Avenue) are located between SE 2"d Street and SE 3rd Street, located within Osceola Park Business Area. The two lots combined include 0.131 acres consisting of Lots 6 and 7, Block 87, Linn's Addition to Osceola Park. The property is currently vacant and was purchased by the CRA to facilitate additional parking for the adjacent businesses as part of the Osceola Park Redevelopment Plan. The new 14—space permeable paver parking lot with associated LED lighting and landscaping will be constructed in conjunction with the SE 2nd Street Beautification Project, which includes streetscape improvements along SE 2"d Avenue, SE 2"d Street and construction of the adjacent alleys. At its meeting of August 13, 2014, the Site Plan Review and Appearance Board (SPRAB) approved the site plan and associated waivers with conditions, including the dedication of 2' of right-of-way for the abutting alley. Pursuant to LDR Section 5.3.1 (D)(2), the required right-of-way width for alleys is 20' or the existing dominant width. The existing dominant alley right-of-way width currently measures 16'. However, LDR Section 5.3.1(D)(3) states that additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to assure adequate access, circulation, and parking in high intensity use areas. Therefore, dedication of 2' of alley right-of-way is required with this development proposal. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. It will be submitted to the City Commission for their acceptance at their next available meeting. Recommended Action: Approve the attached Right-of-Way Deed for 2' alley right-of-way dedication for Lots 6 and 7, Block 87, Linn's Addition to Osceola Park, associated with the SE 2"d Ave Parking Lot Project. Submitted By: Earl Prizlee, Project Manager Attachments: Proposed Parking Lot Improvements, Right-of-Way Deed t 3 E r w r € I IO -Ty' 7-7-1 �—P€RVICLS A PARY�3�1 � � .b13y 5€1RACEGS �EFAIl3} ° �., IconC. r I g'{`:�r 1 1 WALL Z "r uI Q i I 1 W i r `PZv�S S'AVEP PARS MG 1 ! �; / SCR.A7 i .DTAIL5 ) _ { j .ai4,T-af�TAN� SG^f�5rkX5aJ9'4'.OG"[ r1 E� a t �r r U GHT PD'.F YTIr. p O { LLJ cz BE s p-- 4 ! PROPOSED PARKING LOT IMPROVEMENTS Prepared by: RETURN: David N. Tolces,Esq. Goren Cherof, Doody&Ezrol,P.A. Fort Lauderdale,FL 33308 PIN# 12-43-46-16-04-087-0060 12-43-46-16-04-087-0070 RIGHT-OF-WAY DEED THIS INDENTURE made this day of 2014, between DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, with a mailing address of 20 N. Swinton Avenue, Delray Beach FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH : That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida,to-wit: Land Description: The East 2.0 Feet of Lots 6 and 7, Block 87, LINN'S ADDITION TO OSCEOLA PARK, according to the Plat thereof as recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida, see Exhibit"A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and wiil defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered PARTY OF THE FIRST PART in the presence of: By: (Name printed or typed) (Name printed or typed) (Address) (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2014, by who is personally known to me or has produced as identification. Signature of Notary Public - State of Florida EXHIBIT "A" .a 1 e 1 111 IP.&I pG 133,P.BLR! s� (Pa 1 w,1u P.acly IF 1 f a aooss7 � GRAPHIC SCALE tHK5 We"ID OiRfKA PF@( I � In PACA) rurr y 1 9 11 1 1Mh•le R �.�..�Fat W F#�RDG I a M o® F g I SYMBOL LEGEND sM v4t414TP11 ti � T ! 54E Itl4x tK LF w 4 CV FOI►(I WON%T7 w l raL4} f 5WYY1 YWQC CV asi (ra I a FY•IEW fiS7 Y •_ C ItIMlefMl s Av Amac am LW rvwx Womit E f#1M Roll }m A VACANT INLo ucl)ft� O HUILDING) m Nis w m SXE § Old WFIG4 RCtm m Z I PROs PT Im[OtMh RS{7>iff v 50u1x u[ .ut 4 eWp�P .'s It R/M Bf ar-YI1T }J - y,T m Itlklx ut-�lo[1. UCM 9 kWZ IA.6191 g H e �Pd I%ssL Iau1 °Q 5 G R WATE RW 8 ss.r �w im 1114 L CA CUTAIM 4..p:5717.150 Sw r.a W-km9 y Ias31 Ac.sl - a — PLAT aElu� 1 Bi�n V4 g12,c€d U ` � « tics, z' l 41 1K a PYII we m m f,&'GRID Foum �xa 4,.eo"m Ism >n Pa 1 w Is;racy .� NE9'21'32'E 70.89' r " rs � r vt Yu, EL•19m CdOCI(67 r••� 41141'5 ltWIM TO=1W PARK iI [SI 1 (P.&I K.m PiLrA) I•� � i• 111 ss• ss�l LEGk msCmnm ! = 107 l0 �= ENS 6 AND 7,$LOCK 67,UNA'S AOFAAON 10 O=CKA PAW,ACCI7R br To T12 PLAI YHEREOF 1 vWs mmolls0 96=OIA Rra RPAO POh Nri=¢ IS RECOFM k MAY 1 PALE ISS.Or THE PU"ACWR85 8F PALM K"COUNTY.FLBRIM .FW10 (P.6I m 1'J3.'Pbf Ra 197155 f 501101 Lff or LOT 19,nt=87 (P8 I PC.IA P^rq) LOTS 6 AND 7, BLOCK 87 LINN'S ADDITION TO OSCEOLA PARK CITY OF DELRAY BEACH, FLORIDA MONA w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Randal Krejcarek, P.E., Director of Environmental Services Department Isaac Kovner, P.E., City Engineer THROUGH: Terry Stewart, Interim City Manager DATE: October 1, 2014 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 INTERLOCAL AGREEMENT BETWEEN CRA/CITY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES FOR FY 2014-2015 BACKGROUND The implementation of many of the projects contained in the CRA Plan, particularly the public infrastructure projects resulting from the Downtown Master Plan and Southwest Neighborhood Plan, require a joint City/CRA effort. The typical arrangement involves the CRA funding all or a portion of the project, and the City's Engineering or other staff overseeing the bidding and construction processes. Once funded, the projects are included in the City's CIP (Capital Improvement Plan). Each year the City and CRA enter into an Interlocal agreement to formalize the CRA's commitment to fund the specific projects (copy attached). Funds will be transferred to the City at the time that a contract is awarded or service authorization (consultant agreement)is approved for each project. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission is approval/authorization for the Mayor to execute the CRA/City Interlocal Agreement for Funding Construction/Professional Services FY 2014-2015. TIMING OF THE REQUEST The timing of this request is of high importance, as coordination between the CRA and the City is highly desirable. FUNDING SOURCE Funding is available through the Community Redevelopment Agency(CRA). RECOMMENDATION By Motion, approve the Interlocal Agreement between the City and the CRA for Funding Construction/Professional Services for FY 2014-2015. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTIONIPROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2014, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH : WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A", and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project construction including, but not limited to, advertising, testing, inspection, and utility relocation costs. This provision does not preclude the CRA from the performing the referenced tasks for projects listed on Exhibit "A" if mutually agreed upon by the City and CRA. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. if the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 2 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress of the specific projects, including, but not limited to, the contract amount, the amount of funds.paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA, The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes, 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 3 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney ATTEST- DELRAY BEACH COMMUNITY REQEVELOPMENT—AG�_ NCY Diane Colonna, Executive Director Herman Stevens, Chair j (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instr meat was ackjiowledged before me this Z day of 2014, by (name of ff er or agent, title of officer or agent), of r� (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the 4 corporation. He/She is personally known to me or has produced ype of identification) as identification. Z _��0"Y F4, Sup ? :�, Shay Notary Public — State of Florida }; �A Commission#FF 070388 rY' -'Expires:N-v.13,2017 �s gOF bP`` Wn.AaaScmi ovay. EXHIBIT "A" Fiscal Year 2014-2015 Projects City Project Name Amount of Project. # CRA.Funding 1. 2014-023 SW 1.Qth/9th Ave improvements $ 200 000.00 2. 2014-002 Block 8 Alley (South of W Atlantic Ave - SW 10th/11t Aves) $ 120 000.00 N 3. 2010-041 W 12t Ave —Atlantic to MLK $ 543,000 00 4. 2013-023 Downtown Tree Grate Replacement $ 15,222700 5. 2004-006 SE & NE 1st St - One-Way Pair (Conversion) $ 50,000.00 6. 2013-022 S Swinton Ave & SW/SE 1st St Traffic Signal $ 250,000.00 7. 2014-007 E Atlantic Ave Pedestrian Improvements (Study) $ 30,000.00 S. 2014-008 Parkin Study Implementation (E. Atlantic Ave Crosswalk Upgrades) $ 75,000.00 9. Parking Study Implementation Projects $ 125,000.00 10. 2011-017 Fire Headquarters Public Plaza $ 275,000 00 117 2014-077 E Atlantic Ave/Gleason St Trombone Mast Arm Traffic Signal $ 125,000.00 12. 2014-078 E Atlantic Ave/Venetian Dr Trombone Mast Arm Traffic Signal $ 125,000.00 13. 2011-024 NE 3' St/Ave Streetscape &Ailey Improvements $ 600,000.00 14. 2012-051 Swinton &Atlantic Intersection $ 150,000.00 15. 2013-001 Block 117 Parking Garage Design/SE 6t Ave $ 750,000.00 16, 2015-608 MLK Jr. Drive (Phase 11 - NW 12th Ave to 1-95 Sound Barrier) $ 100,000.00 17. 2015-609 SE 4t Avenue Beautification $ 100,000.00 18. 2011-009 Block 32 Alley $ 100,000.00 19, 2014-052 Merritt Park Renovations $ 150,000.00 20. 2015-610 Block 63 Alley $ 100,000.00 21. 2015-611 N. Dixie Hwy. Improvements $ 100,000.00 22.1 2013-015 Osceola Park Alleys Phase 2 $ 175,000.00 23, 2013-020 SE 2 St (Swinton —SE 3rd Ave), SE 2" Ave &Alleys Blk 87 $ 800,000.00 24, 2014-006 Sidewalks —CRA District $ 300,000.00 25. 2015-620 NWISW Neighborhood Alley $ 100,000.00 26. 2011-067 NE 2 Ave/Seacrest Blvd Beautification $ 425,000.00 27. 2015-621 NW 57 Avenue Entrance Feature $ 75,000.00 2$, 2009-006 Blocks 19 & 20 Alley Improvements $ 40,000.00 29. 2014-024 ISW 2 nd Terrace Reconstruction $ 65 000.00 5 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Jeffrey S. Goldman, Police Chief THROUGH: Terry Stewart, Interim City Manager DATE: September 30, 2014 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 GRANT APPLICATION AND AWARD/FDOT PEDESTRIAN&BICYCLE SAFETY BACKGROUND The Police Department is seeking the City Commission's approval to apply for and accept an award in the amount of $46,867.20 from the Florida Department of Transportation (FDOT) for the pedestrian and bicycle safety education and enforcement program. The Florida Department of Transportation (FDOT), through a Task Work Order with the University of South Florida, provides funding to the law enforcement agencies for the education and enforcement of safe pedestrian, bicyclist, and driver behaviors in high priority counties throughout the state. The objective of this effort is to reduce traffic crashes and fatalities involving pedestrians and bicyclists through the use of traffic education and enforcement operations. This program supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. This initiative would follow an education, warning, and citation progression and would include a distribution of safety educational materials, such as printed materials and bicycle lights. The funds will be used for officer overtime hours spent conducting on-street enforcement operations associated with this program and FICA only. The initiative end date is May 31, 2015. We have been notified that $46,867.20 is available for our agency to support this education and enforcement program. The funds are distributed on a first-come, first-serve basis and are not held specifically for our agency so the acceptance of the agreement is needed in order to secure the funding. Because the funding is provided from FDOT through a Task Work Order with the University of South Florida, a letter of agreement and a contract need to be approved and signed in order to participate in the program. In 2012, traffic crashes in Florida resulted in 473 pedestrian fatalities, 116 bicyclist fatalities, and 6,058 bicyclist injuries. Based on the National Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts, these rates nearly double the national average for pedestrians and nearly triple the national average for bicyclists. The Delray Police Department believes that this funding will assist in providing the citizens of Delray Beach with safer roads. DISCUSSION The item before the City Commission is to approve the letter of agreement and contract between the City of Delray Beach Police Department and the University of South Florida Board of Trustees for the University of South Florida's Center for Urban Transportation Research for the purposes of Pedestrian and Bicycle Safety Enforcement Campaign. OPERATING COST There is no match requirement. TIMING OF THE REQUEST This item is time sensitive in order to secure the funding and start and finish the 32 weeks initiative within the FDOT's program deadlines of May 31, 2015. FUNDING SOURCE Not applicable. RECOMMENDATION Motion to approve application and acceptance of award from the Florida Department of Transportation (FDOT) in the amount of$46,867.20 for the pedestrian and bicycle safety education and enforcement program. Letter of Agreement and Contract In this contract between the City of Delray Beach ("Vendor") and the University of South Florida Board of Trustees for the University of South Florida's Center for Urban Transportation Research ("University"), the Vendor shall perform the services outlined in the scope of services (Exhibit A). Total not to exceed: $46,867.20 This contract is being entered into under the terms and conditions of the Florida Department of Transportation ("FDOT")project TWO#945-001, Contract#BDV25. All services must be completed by May 31, 2015 and a final invoice must be received by June 20, 2015. The Vendor shall forfeit payment of costs if final invoice is not received by close of business on June 20, 2015. Invoices must be mailed via the U.S. Post Office or shipped. Faxed and emailed invoices are not accepted. It is expressly understood that the Vendor is an independent contractor, and not an agent of the FDOT or the University of South Florida. The FDOT and the University's liability in negligence or indemnity for acts of its employees or officers will only be provided under Section 768.28, Florida Statutes. Neither the FDOT nor the University shall be responsible for attorney fees except as provided by statute. Subject to the limitations of Section 768.28, Florida Statutes, the Vendor shall be required to defend, hold harmless and indemnify the University, the FDOT, NHTSA, FHWA, and USDOT, from all claims and liability, or both due to recklessness or intentional wrongful misconduct of the Vendor, consultant, or their employees. In accordance with the contract, Vendor is authorized to perform the tasks detailed in the attached Exhibits, and is fully responsible for satisfactory completion of all services. Vendor may not commence work prior to the issuance of a purchase order by the University of South Florida. The delivery of services will begin upon execution of the contract and will end on or before May 31, 2015. Allowable expenses are limited to officer overtime at the hourly overtime rate including fringe benefits established under Exhibit A Section V. Invoices must be submitted monthly, beginning within 30 days of execution of this contract. All invoices are required to include the inclusive dates (to/from) of service and the following certification statement "All costs are true and valid costs incurred in accordance with the agreement" and must be signed by an authorized Vendor representative. CANCELLATION: This contract may be unilaterally cancelled by FDOT or the University for refusal by the contractor to allow public access to all documents, papers, letters, or other material made or received by the contractor in conjunction with this contract, unless the records are exempt from section 24(1) of Article 1 of the state constitution and section 119.07(1), Florida Statutes. Date University of South Florida Date Project Director, University of South Florida Vendor's Authorized Agent Signature Date EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN The Citv of Delray Beach (Vendor) L OBJECTIVE: The Florida Department of Transportation("FDOT"), through a Task Work Order with the University of South Florida("University"), will utilize law enforcement support to educate and enforce safe pedestrian, bicyclist, and driver behaviors in high priority counties throughout the state.The main objective of this effort is to reduce traffic crashes and fatalities involving pedestrians and bicyclists through the use of selected traffic education and enforcement operations. IL PURPOSE: In 2012,traffic crashes in Florida resulted in 473 pedestrian fatalities, 7,413 pedestrian injuries, 116 bicyclist fatalities, and 6,058 bicyclist injuries. Based on the National Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts,these rates nearly double the national average for pedestrians and nearly triple the national average for bicyclists. Pedestrian and Bicycle crashes are more likely to result in fatal or serious injuries than any other types of crashes.The number of hospitalizations and emergency room visits related to these crashes indicates that the magnitude of the problem may even be larger than identified by traffic crash reports.The financial impacts and suffering caused by these fatalities and injuries are significant. This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative Communication&High Visibility Enforcement Implementation under the direction of FDOT and the University. This program supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan.These enforcement activities are being implemented to remind and educate pedestrians,bicyclists, and motorists of safe behaviors. III. SERVICES TO BE PROVIDED: A. High Visibility Enforcement of all road users,including pedestrians,bicyclists, and motorists. Conduct on-street education and enforcement operations including the distribution of educational materials, and the issuance of warnings and/or citations to pedestrians,bicyclists, and motorists in accordance with Florida Statues. It is strongly recommended that operations follow an education, warning, citation progression. B. Vendor shall distribute the provided safety educational materials, such as printed materials and bicycle lights,during on-street High Visibility Enforcement operations. (All vendors choosing to participate in distribution of bicycle lights will be required to complete a separate Bicycle Light Distribution Assurance form.) C. Vendor is required to engage the media to announce enforcement operations and distribute the provided safety messages. Vendor shall be required to do at least two (2)press releases,one(1)within 30 days of beginning operations and one(1)aligned with the transition from warnings to citations.Additional media engagement is encouraged throughout the contract period.Proof of media engagement must be provided as a backup documentation component for invoicing during the period in which it is conducted. IV. FDOT RESPONSIBILITIES: FDOT will provide to Vendor copies of the required training materials, a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan, educational materials for distribution, and approved safety messages. V. VENDOR RESPONSIBILITIES: Funding is restricted to on-street overtime operations specific to pedestrian and bicycle safety in the identified high priority areas, conducted at the level of effort shown in this contract. All officers assigned to operations completed under this contract must first review and complete the following required training materials created by the National Highway Traffic Safety Administration(NHTSA): "Pedestrian Safety Training for Law Enforcement."A self-paced,interactive CD-ROM. "Enhancing Bicycle Safety: Law Enforcement's Role".A self-paced,interactive CD-ROM. "Enforcing Law for Bicyclists." A 7-minute roll call video. Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of personnel authorized to perform overtime operations under this agreement,including a certification of completion of the required training, and fully-loaded hourly overtime rate to be used for each officer. Only hours from officers listed and at the rates shown on the authorized personnel list are eligible for reimbursement under this agreement. The authorized personnel list may be updated to add officers and update billing rates,but no hours may be charged for any individual officer until after the updated personnel list has been signed and dated showing their contract billing rate and verifying training has been completed. (Note—All rates must match the payroll documentation submitted with each monthly invoice.) Invoices shall be submitted following calendar months. Vendor is required to use the invoice form templates provided in Exhibit"D". These forms will provide documentation of the following information: • Invoice: summary of hours charged and total due • Personnel Timesheet: dates and hours for each individual officer • Operation reporting form: one page for each operation completed showing officers assigned, date, times, location, safety issue addressed and corresponding enforcement approaches used,contacts overview, and the numbers of warnings and citations issued to motorist,pedestrians, and bicyclists under each Statute. In addition,the vendor must submit payroll documentation to accompany each monthly invoice.This documentation should clearly indicate overtime rates that match the invoice, when each officer performed overtime activities (must match the personnel timesheet), and must include either a pay stub or payroll ledger documenting payment to each officer for which you are requesting reimbursement. The funding that is provided to the Vendor is not to be used to supplant the Vendor's ongoing enforcement and educational efforts.Duplicated efforts will not be eligible for reimbursement. VI. BEGINNING AND LENGTH OF SERVICES: A. The performance period of this Agreement shall begin upon execution of the contract and shall end on May 31, 2015. B. This Agreement is non-renewable. VII. ATTACHMENTS: Exhibits,required forms and additional data may be attached to this agreement. VIII. TERMINATION ACTION: This contract may be unilaterally cancelled by USF or FDOT for refusal by the Vendor to allow public access to all documents,papers,letters, or other material made or received by the contractor in conjunction with this contract,unless the records are exempt from section 24(1)of Article 1 of the state constitution and section 119.07(1),Florida Statutes. EXHIBIT "B" METHOD OF COMPENSATION PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN The City of Delray Beach(Vendor) L PURPOSE: This Exhibit defines the limits and method of compensation to be made to the Vendor for the services set forth in Exhibit"A"and the method by which payments shall be made. IL COMPENSATION: For the satisfactory performance of services detailed in Exhibit"A"the Vendor shall be paid a Maximum Amount of$46,867.20 The University,based on need and availability of budget,may increase or decrease the Maximum Amount by Amendment. III. PROGRESS PAYMENTS: The Vendor shall submit an invoice and supporting documentation covering each calendar month to the University(required forms included in Exhibit"D"). Invoice packets should be scanned and submitted electronically, with the originals sent to the following address: University of South Florida Attn: Jeanette Rouse 4202 East Fowler Avenue,CUT 100 Tampa,Florida 33620 IV. DETAILS OF COSTS AND FEES: Payment shall be made at the hourly billing rates shown on the approved personnel list, for services provided, as approved by FDOT and the University. The contract hourly billing rates shall include the costs of hourly overtime plus associated fringe benefits. The effort is cost reimbursable, so all properly documented overtime enforcement hours completed within the contract term will be reimbursed,not to exceed the total budget. Please refer to Exhibit A, Section V for additional details. V. TANGIBLE PERSONAL PROPERTY: This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273,F.S. EXHIBIT "C" EFFORT SUMMARY-PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN The City of Delray Beach SERVICE PROVIDED: Enhanced Traffic Enforcement Detail/High Visibility Enforcement Details to be completed 2 every week Hours per detail 5 Officers per detail 3 Total number of hot spots/corridors 5 Frequency each hot spot will be Once every 3 weeks enforced Total number of times each hot spot At least 13 will be enforced Total Project budget: $46,867.20 NOTE: Total budget calculated from 32 weeks total duration at the level of effort indicated above. Reasonable effort must be made to maintain the weekly level of effort for the full contract period. If the level of effort outlined above is not obtained during a given month due to unexpected circumstances (i.e. weather, staffing issues,illness,etc.),these should be documented in each invoice.All properly documented overtime enforcement hours completed within the contract term will be reimbursed,not to exceed the total budget. ACKNOWLEDGEMENT: I certify that I have read and agree to abide by the pricing and all terms and conditions of this Agreement and that I am authorized to sign for the City of Delray Beach. Agency: FEID# Address: City: State: FL Zip: Authorized Signature: Date: Printed Name: Title: EXHIBIT "D" INVOICE,TIMESHEET,AND DETAIL DOCUMENTATION FORMS w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director- Parks & Recreation THROUGH: Terry Stewart, Interim City Manager DATE: September 19, 2014 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 ANNUAL PROJECT HOLIDAY 2014 BACKGROUND City Commission is requested to endorse the 9th Annual Project Holiday sponsored by"You Are Not Alone" and authorize City and staff support as requested. Project Holiday is a program through which items needed by our service personnel overseas are donated to the You Are Not Alone organization, which their volunteers will package and send items to our service personnel overseas. They are partnering this year with One Soldier at A Time as their nonprofit group. The City of Delray Beach has partnered with You Are Not Alone for the last eight (8) years to support Project Holiday. DISCUSSION They are not asking for City funding,but are requesting City support and assistance as follows: Assistance in preparing and getting out Public Service Annoucements on the program • Help with promoting and organizing the program • Authorizing City facilities to be used as collection sites for items donated • Assist in providing volunteers to help do the packing of items to be sent • Assist in delivery of boxes to the post office the 2nd week in December 2014 Support to be provided by You Are Not Alone and One Soldier at A Time includes: • Assistance in promoting the project • Pick up and transport of items collected, location to be determined • Provide supervision of packing process • Identify service persons to whom items will be sent • Identify items that are needed • Make follow up calls to volunteers • Ship items and letters The proposed time schedule for this project is as follows: • Week of November 10, 2014 Kick off program • December 5, 2014 Deadline for receipt of letters and items needed • December 7, 2014 Pack all items at Community Center • December 9, 2014 Deadline to ship TIMING OF THE REQUEST This item is time-sensitive due to the kickoff of program scheduled for November 10, 2014. RECOMMENDATION Staff recommends Commission endorsement of and approval of staff support as requested for this project. WHEREAS, the City of Delray Beach has joined a national call to action for the Campaign for Grade-Level Reading to help students be proficient readers by 3rd grade; and WHEREAS, learning to read is the most essential and fundamental skill for academic achievement and future success of a child; and WHEREAS, the third-grade reading milestone is important as after third grade, students pivot from learning to read to reading to learn; and WHEREAS, community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of the importance of literacy and join our Campaign for Grade-Level Reading, and WHEREAS,the City of Delray Beach is proud to promote the importance of literacy by designating November 6, 2014 as Delray Reads Day; and NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim November 6,2014 as: V�zlrag R�zads Vag! 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 21s' day October 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: October 10, 2014 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND Planning and Zoning Board Special Meeting of October 6, 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. City-initiated Amendment to the Land Development Regulations of the City of Delray Beach; Repealing and Replacing Section 4.4.13 "Central Business District (CBD)" With New Zoning Regulations. The Board had a long discussion and ultimately made a number of motions: a. That the base measurement for building height in the CBD be 4 stories and a maximum of 54 feet (recommended approval 4 to 2 (Gerald Franciosa and Christopher Davey voted to deny). b. That 5 stories and 64 feet be permitted with the bonus criteria as presented (recommended denial 6- 0). c. That if a height of 5 stories and 64 feet goes forward with conditions provided by the board for consideration, including a graduated amount of open space to be provided, that the type and use of the open space be better defined, and that the green building standards be refined (recommended approval 4 to 2, Gerald Franciosa and Christopher Davey voting to deny). d. That graduated performance standards for density be incorporated (recommended approval 4 to 2, Gerald Franciosa and Christopher Davey voting to deny). e. Recommended approval (6 to 0), repealing and replacing Section 4.4.13 "Central Business District (CBD)" With New Zoning Regulations. B. Recommended approval (6 to 0), of a City-initiated amendment to the Land Development Regulations of the City of Delray Beach; amending Article 4.4 "Table of Contents"; amending Section 2.2.3(D) "Site Plan Review And Appearance Board"; amending Section 2.4.5(F) "Site And Development and Master Development Plans (MDP)'; amending Section 2.4.6(F) "Temporary Parking Lots"; amending Section 4.1.1(A) "Base Zoning Districts"; amending Section 4.3.3(I) "Community Residential Homes And Group Homes"; amending Section 4.3.3(5) "Antennas Not Located on Telecommunications Towers"; amending Section 4.3.4(J) "Height"; amending Section 4.3.4(x) "Development Standards Matrix"; repealing Section 4.4.28 "Central Business District — Railroad Corridor (CBD-RC)'; amending Section 4.6.4(A) "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts With a Thirty-Five (35) Foot Height Limitation"; Amending Section 4.6.9(C)(1) "Bicycle Parking"; Amending Section 4.6.9(E)(3) "Location of Parking Spaces, In-Lieu Fee"; Amending Section 4.6.9(E)(4) "Public Parking Fee"; Amending Section 4.6.16(H)(4) "Foundation Landscaping Requirements"; Amending Section 4.6.16(H)(5) "Special Landscape Regulations for Properties Within The Central Business District (CBD)'; amending Section 4.6.18(B) "Buildings Within The Downtown Area"; amending Section 6.3.3(F) "Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending Appendix A"Definitions". C. Recommended approval (6 to 0), of a City-initiated rezoning of properties zoned CBD-RC (Central Business District- Railroad Corridor) to CBD (Central Business District) for two areas, with the north area generally located between NE 4th Street and NE 2nd Street and extending from the north- south alleyway west of NE 3rd Avenue to the east of the FEC Railway; and, the south area generally located between SE 2nd Street and SE 7th Street, east of and west of the FEC Railway. Site Plan Review and Appearance Board Meeting of October 8, 2014 1. Tabled (7 to 0), a request to modify the existing blanket sign program to include the outparcel of the Hudson at Waterway East (formerly known as the Old Calypso Restaurant), within the Waterway East development, located at the southeast corner of East Atlantic Avenue and the Intracoastal Waterway (900 East Atlantic Avenue). Staff recommends that the existing blanket sign program be changed to a master sign program as the existing restaurant was not a part of the original blanket sign program. The proposed request is for three signs on the north, east and west elevations. 2. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes that include removing 70% of the fixed windows on the west and south fagade and replacing it with a recessed glass doors that creates an "open-air" under roof dining area and repainting the building for Hudson at Waterway East, located at the southeast corner of East Atlantic Avenue and the Intracoastal Waterway (900 East Atlantic Avenue). 3. Tabled (7 to 0), a request for a Class V site plan and landscape plan associated with the demolition of an existing commercial building and construction of a 5,371 sq. ft. medical office for Ligotti Medical Office, located at the southwest corner of SE 6th Avenue and SE 4th Street (402 SE 6th Avenue). The architectural elevation plan was tabled on a 5 to2 vote, Roger Cope and Alice Finst dissenting. Historic Preservation Board Meeting of October 1, 2014 4. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness and Class V site plan and landscape plan associated with a change of use from single family residential to professional office for 202 North Swinton Avenue. Concurrently the Board on a 6 to 0 vote recommended that the City Commission approve the following waivers: i. A waiver to LDR Section 4.6.9(1))(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 39' 6". ii. A waiver to LDR Section 4.6.9(D)(2)(b), to reduce the required parking space width from 10' to 9'. iii. A waiver to LDR Section 4.6.9(D)(3)(a-b), to reduce the required driveway width from 20' to 18' at the point of access from North Swinton Avenue. DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of September 29, 2014 through October 10, 2014 TIMING OF THE REQUEST There is no time-sensitivity to this matter. RECOMMENDATION By motion,receive and file this report. Attachment: Location Map CITY COMMISSION MEET A 0 0.25 0.5 1 Miles APPEALABLE ITEMS I i NORTH OCTOBER 21, 2014 PLANNING &ZONING DEPARTMENT a � w � a 9) : I = 1 O 0) Z _.._.._.._ti .._.._.._.._.._.._.._.._.._.._.._.._- .._.._. .._.._ :x �.. L . ' i H 1. z z George B�+�ti+• ' Lake Ida Rd a, 1 2 � a 3 w ¢ 1 NW 2nd St '..._.. w ._.._.._.�.._..1 w 1 Atlan i Ave 1.._.._ _..—.._.._.._..- cn 1 W Atlantic Ave 91 W nd St o j . 2 1 1. 3 1 U 1 C, Q 1 o Q LO a 1 Uj m a oo > m 1 °o SW 10th St ¢ Lowson Blvd v v O H O > U) U ! _ s 1 SOU, 1 U) W Linton Blvd > — (/) Linton Blvd 1 N a' U 1 antown 0)U z a 1 d rn Q) m 1 j 1 C/) ..� W = 1 LO o a a `e .._.._..-'--'--"--'--'--._.._.._.._.._.._.._ .._.._.. . _..tea' i SPRAB: HPB: 1. HUDSON AT THE WATERWAY EAST 3. 202 NORTH SWINTON AVENUE 2. LIGOTTI MEDICAL OFFICE Document Path: S:\Planning &Zoning\DBMS\GIS\City Commission Maps\City Commission Map 10-21-14.mxd w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: September 30, 2014 SUBJECT: AGENDA ITEM 8.11 -REGULAR COMMISSION MEETING OF OCTOBER 21,2014 CONTRACT AWARDAALL WEBB'S ENTERPRISES,INC. BACKGROUND Consider a recommendation to award a contract to All Webb's Enterprises, Inc. in the amount of $94,600.00 for the Production Well Rehabilitation project, P/N 2014-035. Four raw water production wells have been identified for rehabilitation. The Public Utilities Department requests annual funding for the production well rehabilitation program. This award allows staff to continue their annual rehabilitation program, focusing on wells exhibiting less than optimal pump delivery rates. The wells identified for this year's rehabilitation are Well #4A, located at the northeast corner of NW 3rd Street/NW 2nd Ave, Well #25 at 1050 SW 15th Ave, and Wells #27 and 28, located at the south end of the municipal golf course. Staff solicited bids for this rehabilitation work through a formal bid process. The scope of work includes, mobilization/demobilization, capacity testing, performing a pre and post video survey, acid injection on the well with brushing, jetting and airlifting of debris, and final pump testing with well disinfection. The City received five bids as follows: All Webb's Enterprises, Inc. $94,600.00 Florida Design Drilling $125,000.00 Thompson Well And Pump, Inc. $192,708.00 A.C. Schultes of Florida, Inc. $237,400.00 Youngquist Brothers, Inc. $343,000.00 Staff recommends award to All Webb's Enterprises, Inc. for this project; references and prior performance history have been verified. Upon approval by City Commission, All Webb's Enterprises, 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 Code of Ordinances, Chapter 36, Section 36.02 (A) "Sealed Competitive Method". DISCUSSION The item before City Commission is to approve an award in the amount of$94,600.00 to All Webb's Enterprises, Inc. as the lowest responsive bidder for the Production Well Rehabilitation project, P/N 2014-035. TIMING OF THE REQUEST Bids were received and opened September 9, 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 442-5178-536-68.14 (Water and Sewer Renewal and Replacement/ Production Well Rehabilitation). RECOMMENDATION By motion, approve a contract award to All Webb's Enterprises, Inc. in the amount of $94,600.00 for the Production Well Rehabilitation project, P/N 2014-035. I CITY OF DELRAY BEACH 100 NW I"AVENUE,DELRAY BEACH,EL 33444 BID No* 201444 PRODECTION WELL REHABILITATION FY2014 Protect Not 2014035 MAYOR -CARY D.GLICKSTEIN VICE MAYOR -SHELLY PETROLIA DEPUTY VICE MAYOR -JORDANA JARJURA COMMISSIONER -AL JACQUET COMMISSIONER -ADAM FRANKEL INTERIM CITY MANAGER -TERRANCE STEWART 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.mydelraybeach.com INVITATION TO BID BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 Project No. 2014-035 August 15, 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 Bid" is to secure a firm price for the furnishing of all labor, material and equipment necessary for the rehabilitation of Raw Water Production Wells 4A, 25, 27 and 28 for the City of Delray Beach, Florida, hereinafter called the CITY. Bidders must possess a State Florida Water Well Contractors license. A MANDATORY PRE-BID CONFERENCE has been scheduled for TUESDAY, August 26, 2014 at 2:00 P.M., located at City Hall — 1gt Floor Conference Room, 100 N.W. 1S Avenue, Delray Beach, FL 33444. SCOPE OF WORK: Rehabilitation of four (4) raw water production wells: Wells #4A, 25, 27, and 28. Remove pumps, column pipe and related fittings to facilitate well rehabilitation, including but not limited to clean the screens, acidize wells, air lift debris from wells, reinstallation of pumps, disinfection, and returning wells to service. All work shall comply with current State, Local and Florida Building Codes. DUE DATE: 2:00 P.M. on TUESDAY, September 09, 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 onlor before the closing date and hour as shown above. RETURN ONE UNBOUND (1) ORIGINAL, THREE (3) 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 wlvw.deinand.star.coni/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 nadal(cD_mydelraybeach.com. To ensure a timely response, inquiries should be made by TUESDAY, September 02, 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. 2014-44 Production Well Rehabilitation 2014 21 i-1 a g e CITY OF DELRAV BEACH BID No, 2014-44 PRODUCTION WELL REHABILITATION FY2014 PIN 2014-035 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 - 25 Scope of Work 26 - 27 Schedule of Pricing 28 - 32 Professional References 33 Bid Signature Form 34 Vendors Marketing and/or Additional Information 35 Statement of No Bid 36 Bid No.20I4-44 Production Well Rehabilitation 2014 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. 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: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B, Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 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. Bid No. 2014-44 Production Well Rehabilitation 2014 41 P +:� u 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. SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal, state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act (OSHA) of 1970; as amended, and any other applicable federal, state and local regulations. 14. 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. 15. 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. 16. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS. Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. 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. Sample insurance certificate included for your review. Bid No. 2014-44 Production Well Rehabilitation 2014 5 111 a L e C. LICENSES: Proposer's, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of the bid receipt. The proposal of any Proposer that is not fully licensed and certified shall be rejected. The successful bidder shall pay a City business tax. All bidders should include a copy of their business tax receipts with their bid. All perspective bidders must be in compliance with all local, State and Federal laws. No perspective bidder may have any outstanding fines or liens placed against it by the City. If you have not provided a business tax receipt to the City of Delray Beach you MUST do so before a purchase order will be issued. Contact Donna Porter @ 561-243-7209 for additional information. 17. 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. C. The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes or additional information is provided by the City. It shall be the sole responsibility of each bidder, during and prior to Bid submittal to determine if addendum(s) were issued to any particular ITB and to obtain a copy of said addendum(s) from demandstar.com or by contacting the Purchasing Department @(561) 243-7161 or 7163. NOTE: The City will make every effort to notify registered bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential bidders who received a Bid package from other sources. 18. 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. 19. 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. 85-801262155964 appears on each purchase order. 20. 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. 21. EXCEPTIONS TO CONDITIONS, 1 THRU_18 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 22. RENEWAL: The City Commission or their designee (i.e. City Manager) may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 23. 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. Bid No, 2014-44 Production Well Rehabilitation 2014 6 I' < 24. 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). 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. Bid No.2014-44 Production Well Rehabilitation 2014 7 111 a r,, c. 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 flee 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 31. 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. 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, 32. 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. Bid No.2014-44 Production Well Rehabilitation 2014 9 111 a c INDEMNITYIHOLD HARMLESS AGREEMENT BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 P/N 2014-035 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.2014-44 Production Well Rehabilitation 2014 91 u a C COME OF SILENCE BID No, 201444 PRODUCTION WELL REHABILITATION FY2014 PIN 2014-035 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.2014-44 Production Well Rehabilitation 2014 10 11' DRUG FREE WORKPLACE CERTIFICATION BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 PIN 2014-035 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 polo 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 Sid No. 2014-44 Production Well Rehabilitation 2014 11 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) Faired 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. 2014-44 Production Well Rehabilitation 2014 12 l a i SAMPLE MANCT-1 .DP 1D:KR CERTIFICATE OF LIABILITY INSURANCE THIS CFA'-fIFICATE.1S MUED AS A WATTIa OF INFORMATION ONLY AND CO;OR EF:S No�R}GHTS U70N THE CE3�TIFICATE NOLDEFi.T}{i5 CEFMF1CATE 1JCM NCT AFFIRMATIVELY OR NEGATIVELY AtdENU, EXTEND] ALTEA THE COVERA.G>;AFFORDEM EYY TH9 PCUCIES BELow. THIS GERTI{'�=LGATE OF INS=URANCE DOES NOT CC'1NS71TU7E A CONACT BETWEEN'TYPE ISSGING INSURER(4 AUTHOPJZED REPp,ESE31TATTVE OR PROCUCEF,AND THE CE.RJJFlCATE HOLDER - IMPORTANT: it the certi lcata hoider is an AtJUMOT0 AL 1NSUR�7T the Poilvy{es)muat be endorsed, If Si3BRCGATION IS A1VE'D,subject to tho tams 2nd cnndijons if the policy,rs}rfata pollaies may require an endor=rnQnL A&tement nrr tfiis c�ro=te does not eoreier rights Lo the carttliLat> hclder Sn lSeo o{such andvrsernerrt(s). PRmucee PhvnO:' NA d'4hn D . A3C Insurance Company _ Address 1NSU A vEwcE NAJC3 INSNRER_A MSURED w� Lf5uRS1B: IkStJRa.C: �- Contractor Name Nwnext: Address NVRfnE: i ' rt+s1 F• - I COV7-RAGE5 CERTIFICATE NU?118EFt: REVISIOti NLIRLB&R "iT{IS;3 TO CERTIFY TriAT THE FCLICSES OF NSURS^3Cr=LISTra neLOV1 HAVE 6E°_N ISSUED TO THE INSkJFMD NAMED ABOVE FOR THE POLIO"PERIOD SNOICA s�U• NOTWRTHSTfANDING ANY P.ECUIREiwt=.Nr•TERM OR cCNLIIT*N OF ANY CONTRACT i7R OTHER DOGUM>7N-F IR9TH RESPECT TC�`M1GH THIS CERTIFICATE MAY•3E ISSLj=Oft MAY PERTA!tG T7{5 INSURANCE A-TORDFC EY THe POLICIES DESCRIBED HER'-1N 4 SUE.:ECT TO ALL THE TERNS, CXCLU_SICNB AND COr b[7,,ONS-OF SUCH POUCIES.LIMITS SHOWN MAY TiAW eEE 4 REDUCED BY PAIa CLkIAS, IRHR O 'N FaL: FFF P ticY E7w LImm 7WJE OF NEURAN'- POLICY NaM9PA ( M/C N/O enER AL LIABILn c FSCH OCCURRENCE 5 1 rQ�U 60 ="T�'riSF'"Y s 50Qj0oo A ' X C[DMMERCIAL GENERAL L�AMLJtV x PTIws ca CLPAS-IJM•E a]OCCUR kED EV WIV Ora Person` f'ERSGNt4LLAW Nlj>jY r 1,1700,40 --.^--- Gv_ertN_ACGREGATE s 2,400,Qb GEHLAC�GIiATE LJNL`r RFQLIER❑fit I'RCEYIDFS•CCtaPlCP AtG S 2,OQA,4Q S P;LICY Po- __..-IA 1 SINGLL 5 j,p6o,otJ AU-,W oBILEL"1LTY BODILY iN.r.1RY LPw'Pa��ar1l S. A X ANY ALrFO SC EWL'EMi RCGLYINNRYtFffmdoKlo s _...._ TM AUr7 NrRkED ALITDS PLTr06 7 I UL{3kE1LA L]AB - OCCUR A EA FI OCCLY.2R CE 5 . A Excrcw cbe CL+16esWAJ I AOGREQATE _8 - s _ I FzTef hC STA T} ) %m-RE WxeesA'noN Aho EUraLoy=uAmurr yip Ll.LACH At;C1 'ANY PRC�R1Eri7R1PpRT1JE.'�i!'r>!E 'l NIA O�CFFdMEZtG2R EI YUOE�7 f.�.J EL DIS-WaE-EA EI.1-0 s 1 .0 0 OD (mmd�rt�,NH) s 1 non o00 uq d—ef,r,d- EI.nlsFo-sE-FnUCY LIMrt 17E;7, PnnN OF OPERATIONS t.1- A . nE3mFTON OF•Lli'EXATI•DIM1S i LOCATIONS rVIEKCLE5 If4—h A=KO 1er.AddAL m R-6m I mare ";E;rnq�n City oF _neira3!t3eana zs 11.sted as Additi.onal Insured Project Name: Pao;-eet Number: 30 Days notice for Cancellation CE-nRCATE HOLOE:R. CANCELLATION CITC18-1 SHOUI..D ANY of THE:ADOVE DESCRIBED pOL,1C1E5 BE GAHG"'R-LED BEFORE {".1(131 6{1�P.11"ay�BdCtl THE EXPIRAMTI DATE THERE-CF, NOTICE,. WIi..L FIE DNLn�S�D IDI pccarzDANCaw T EFOUC »ROVrsor+s-30 Days Notice 100 NW .l't Avenue FLI'IHOR'�RgRF=r`•l'��kYP!•- Uekray Beach,FL 33449 ' .• 61988.2010 AcORD CORPORATION.ASI rigtts reserved ACORD 75 j2UIDIDSj The ACORD came and logo are regi--Loved marls at ACORA Bid No.2014-44 Production Well Rehabilitation 2014 13 1 P IMPORTANT T If the oer#� gta ltalder is ail ADD(TIONAL INSIO RC-D, fhe paticYVes) must be eridomwa A statement on this certtfimte does notcartfer rights io lfia c2r4tkate hafdec in lieu otsudt errdarsernent(s). Sf SLISROGA GH 15 WAIVED, subject to Cho terms and c ondNom of the policy, certain pallcies may require err endbMment. A statement Qa this cw0cste dOe$ nit Wnter rights to the cerfiCtcate M Idar in Ilea of such endomemfit(s}, uESCt.AIMER The Cer,&otn or fast rmw on the ravuma side of 1h15 form does not constituto a oxattact between the tsz euhg Insurer(s), authod7ad represenfaba ca- pwdticer end ttte cartftfte holder, nor daze if afltrmativofy or neggtively Mend, extend or Wler Uw cava aqo efrorded by the pallcles Ilsted tftamm Bid No.2014-44 Production Well Rehabilitation 2014 14 i� «; I COMMERCIAL GENERAL LIABILTY THIS ENDORSEMENT CHA1tN6ES THE POLICY. PLEASE REAL) IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS This endorsement modifies insurance provided under the f0owing: COMMERCIAL GENERAL LIAMUTY COVERAGE FART A. Section 11-Who Is An Insured is amended to This Insurance does not apply to; Include as an additional insured any person or organization When you and such person 1. 'Bodily injury', 'property damage' or or orgahizal}on have agreed In writing in a 'personal and advertising injury'caused, contract or agreement that such person or 4n whole or In part by the rondoring of, orga<nlzation be added as an addltlonat In- or the failure to render,any professional surad on your policy. Such person or organ- architectural, engineering, or surveying }ration is an additional insured coly with services,including; respLctto IlablOty caused,In whole or to part, by'your wort'performed for that insured and a. The preparing, approvlrg,or tailing included In the 'prcducts-completed oper- to prepare or approve, maps, shop atiopm'hazard. drawings,opinions,reports,surveys, The coverage afforded to the Additional In- field orders, change orders, or cured is solely limned to Ilablllty specifically drawing and specifications;and resctlting from the conduct of the Named in- sured, which may be imputed to the Addl- b. Supervisory, inspection, archltec- Wrial Insured, tural,or engineering activities, S. This endorsemeni provides ro coverage to p. Willful miseondUct o`, or for defects In the Additional Insured for IiablUty caused,In design furnished by, the additional in- whole or in par[, out of the clalmed cured or its"employees', negligence of the Additional Insured, other than which may be Imputed to the Additional As a condition of coverage,the addlllonal in- Insured by virtue of the canducl of the Named sared shall be obligated to tender the defense Insrired, and Indemnity of every wlalm or suit to all C, With respect to the Insurance afforded these other Insurers that may provide coverage to additional Insureds, the foliowirng additional the additional insured, whether vantingent, oxcluslon applies; excess or primary. Incl>'dA,enpyrii)wd Material v Services at�3ce,Ina„vurth Its PrmlE 11 CG 74 87 01 Qb Sid No. 2014-44 Production Well Rehabilitation 2014 15 1 Fs a 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 24-25 Scope of Work 26-27 Schedule of Pricing 28-32 Professional References 33 Bid Signature Form 34 Vendors Marketing and/or Additional Information 35 Statement of No Bid 36 Bid No.2014-44 Production Well Rehabilitation 2014 16 '° e Addenda numbers to inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 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. 2014-44 Production Well Rehabilitation 2014 17 I I.' a g 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.2014-44 Production Well Rehabilitation 2014 18 1 1' 0 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, 2014-44 Production Well Rehabilitation 2014 19 1 1' 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. 2014-44 Production Well Rehabilitation 2014 201 I a c 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) Sid No.2014-44 Production Well Rehabilitation 2014 211 1_' a t'. r; 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. 2014-44 Production Well Rehabilitation 2014 22 1 1' a;W, 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, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) Bid No.2014-44 Production Well Rehabilitation 2014 23 I ' CITY OF DELRAY BEACH SPECIFICATIONS BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 PIN 2014-035 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 Raw Water Production Wells 4A, 25, 27, and 28. The scope of work includes the following for each well; mobilization and demobilization to the site; performing pre and post rehabilitation specific capacity tests; removal of pump and motor; airlifting of well to clean and remove debris; performing pre and post video inspection (submitted in DVD format); perform acid injection, brushing, jetting and airlifting of debris for a minimum of 30 hours to achieve optimal flow; reinstallationlassembly of all equipment and return well to service; and perform site work as necessary in restoring site to original or better condition. All piping, fittings, flanges, bolts, gaskets, lags, and miscellaneous hardware by contractor; nuts, bolts, and lags 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. Bidders must posses State of Florida Water Well Contractors' license. B. 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 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 Defray 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.2014-44 Production Well Rehabilitation 20 14 24 � 11 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. I. 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: State of Florida Water Well Contractor's License is required to perform the scope of work specified under this contract. All bidders must submit a copy of their state license with their bid submittal. 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 90 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 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, nadalC07mydelraybeach.com. O. JOINT BIDDING COOPERATIVE PURCHASING AGREEMENT: State on Bid Form (see page 32, 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. 2014-44 Production Well Rehabilitation 2014 25 I P SCOPE OF WORK BID No.2014-44 PRODUCTION WELL REHABILITATION FY2014 PIN 2014-035 Raw Water Wells 4A, 25,27 and 28 Rehabilitation of four (4) raw water production wells: Wells 44A, 25, 27, and 28. Remove pumps, column pipe and related fittings to facilitate well rehabilitation, including but not limited to clean the screens, acidize wells, air lift debris from wells, reinstallation of pumps, disinfection, and returning wells to service. Raw Water Well 44A: Location: 200 NW I" Avenue Station Specs: - Well depth: 115 feet Top of Screen: 75 feet - Pump Setting: 60 feet - Length of Screen: 40 feet Outside Casing Diameter: 18 inches Inside Casing Diameter: 12 inches Raw Water Well#25: Location: 1050 SW 15`h Avenue Station Specs: - Well depth: 150 feet - Top of Screen: Unknown - Pump Setting: 100 feet - Length of Screen: Unknown - Outside Casing Diameter: 24 inches - Inside Casing Diameter: 12 inches Raw Water Well 927: Location: 2101 Lowson Blvd Station Specs: - Well depth: 130 feet Top of Screen: 80 feet Pump Setting: 84 feet Length of Screen: 50 feet Outside Casing Diameter: 24 inches - Inside Casing Diameter: 12 inches Bid No.2014-44 Production Well Rehabilitation 2014 261 P �a Raw Water Well 428: Location: 2101 Lowson Blvd Station Specs: - Well depth: 165 feet - Top of Screen: 70 feet - Pump Setting: 100 feet - Length of Screen: Unknown - Outside Casing Diameter: 24 inches - Inside Casing Diameter: 12 inches Detailed task description for each raw water well: 1. Install MOT as required. 2. Perform initial specific capacity test on well. 3. Remove pumps, column pipe, and related fittings; store in secured area. 4. Perform down-hole camera inspection before and after cleaning. 5. Mechanically scrub well screen. 6. Acidize well in accordance with local regulations. 7. Air lift debris from well, with discharge water routed so as not to cause damage to surrounding areas. 8. Repeat acidizing, airlifting process until well is returned to optimum flow possible after a minimum of 30 hours dedicated to this process. 9. Reinstall pumps, motors, column pipe and fittings. 10. Chlorinate well pipe and discharge lines prior to reinstallation for disinfection purposes. 11. Return well to service. 12. Perform post specific capacity on each well. 13. Site restoration;upon the completion of all work, restore site to existing condition or better prior to commencement of work. General Notes: • Vendors must possess current State of Florida Water Well Contractor's license, copy to be submitted with bid package: Bid No.2014-44 Production Well Rehabilitation 2014 271 P a g e wo H w V x a� F z a N ° � O h � U 3 � ~ a � o v o v o o a o a p N m q V q U L U q U C� V q U � c o � Q O V m � F G � 3 ' a� w 0 o � y a E °C 6 _ U Y N � ,b w +�' �. � �� ° Q cq V Z — a v n w �? .� W o W o c I/] bJl 7 Cd O CL 'D �, b O O Id 73 ¢ r W � -2 _ I oM V 3 0 0 0 0 0 0 o d m Cz ry K W U Q U A Z wa ww w p w p H F U U c4 a, a. z z � C w w m 1U' f 1L ILLA 0. z z � L O v O y O a0i O N O N O N O N C L yy 0 U F- H w12 E _ ro 2 o C GG �i a 3 O . w an to ro � >n > c m af 0) 73 N A a s° 3� Cl ° m o a m H H f•� w a o A u z wa w wp w H w w a a H H � z w 3 3 � a V U a F F ccv E w N c r-O o ` Q U Q U Q V Q U Q U O U m C D d s.. U ? . b Q v 4 o ® N v ~o U c O to CU N L� w j ❑ U U q v ,� N Q ❑ It 0. y Q. ` .c .d .d Q' d pry L v 3 o d S a o a) F'' fC N O d m A U � z � � H � o U a F z 0 b W � U a � ca c — � O Q1 O N rn U q U Q U q U p U 2) U1 0 H 03 L O U v u� vi v6 vi 0 d C CD CD a 72 ° CD o -cl ° aq Q 3 Q Q N Q N N U b o o G Q o o H o {W H o 0 ao v u CL � N o �2 o o M o CD o 0o a o0 BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 PIN 2014035 Comments/Exceptions: JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend the same price, terms, and conditions of this bid to other Palm Beach, Markin and Broward County Governmental agencies. ❑ YES ❑ NO Vendor: Bid No. 2014-44 Pro&[CtiOn Well Rehabilitation 2014 32 111 � c: PROFESSIONAL REFERENCES BID No.2014-44 PRODUCTION WELL REHABILITATION PV2014 PIN 2014035 *Please complete this page or attach your reference page to this sheet. A enc ICom an Address City, State,Zip Contact Person Telephone Date(s)of Service Type of Service Comments: Agenc ICompan Address City,State,Zip Contact Person Telephone Date(s)of Service Type of Service Comments: Agency/Company Address City,State,Z1p Contact Person Telephone Date(s)of Service Type of Service Comments: Vendor: Bid No.2014-44 Production Well Rehabilitation 2014 33 P a e CITY OF DELRAY BID SIGNATURE FORM BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 PIN 2014-035 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 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) HATE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE / CELL NUMBER FAX EMAIL ADDRESS Bid No. 2014-44 Production Well Rehabilitation 2014 34 i' VENDORS MARKETING MATERIAL and I or ADDITIONAL INFORMATION BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 PIN 2014-035 Please check if you are "NOT" submitting any additional information. NONE: ❑ Bid No. 2014-44 Production Well Rehabilitation 2014 351 pa g e CITY OF DELRAY STATEMENT OF NO B!O BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 PIN 2014-035 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(nadalnmydelravbeach.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. 2014-44 due to the following reason(s). Please indicate below with an "V: 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 roduct schedule would not permit us to perform Unable to meetspecifications Unable to meet bond requirements Specifications unclear(explain below Other s e ify below REMARKSIOTHER Bid No. 2014-44 Production Well Rehabilitation 2014 36 I O O o O o ti Ln Z o 00 00 00 00 a o 0 o O C�7 w o0 000 w 000 M w O Z S } Z N d 0 da O in i^ ih VF '� ❑ul LU WO O O O O O 0 w Z J 00 00 00 W 1� N VT LLJ V1 Vf V1 LA ry Y 2 — u ac u O i/} m m °o °O °o °O °o E W U N N N N O C Z O1 l71 Oi Ot n E O tD LO tD N V) Vf N Z qzr " T w W C1 rl Q CL O Lh p a � LL O t Z o i/F ih iA i/� ih Ln � $ w Z O O O O Vt v1 V1 Q O ❑ J M M M M N w w co LU fY 0 �_ c6 CC ❑ y v J z J J LiJ LL O ~ m Z tOn u0] V vt CO W N N ��,: N C-4 a 0. W V) N N N N Q1 W W •V! o O Y Y O m w a U L o CL L a � v) n_ w c v'� ire C N a cu •L O a M v � F- U r• E a N p p A w tt ` u n o x v Ua ,-I N m LU w E d d F. z O •a o o z r- °' �- o 0 o o Ln 3 Y w Q a N a Z = 00 w c W w a a a a u o O otj m a w w w w a 06 N ed � � m LA a C� ui ':z N t0 N to N 16 m m Q N C in J J py J M} J V ❑ m W w ❑ W ❑ uj ❑ �. �•.c N !Z E > N oC aC F F w ° o F 0 Fw- O a n p Y y LU °-co Ln 3 Q p z U a a a a a o c] w o a p r-I N v M y LA V CD N m � s Lui H oo N a a g 2 v v LU E ' E D rl O ei O � i ti ti iti ti W LL O N W/ .� Ii N _ } W Z N o Z rr d, LL, s v M N n cc � Z = m m m m � 0 m to in 10 in � j 2 v v v 3 d W d d e e o m m m m m o Z O J IA Z C 0 w I O p . W do a �. W 3 m LL m F Z d 7 2 DELRAY DID SIGHAVURE FORM BCD No. 2014«44 PRODUCTION WELL REHABILITATION VY2014 PIN 2014-035 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned Ilidder certifies that this bill package is subltlitted ill ilccol'iialtce witil the specification in its entirety and with full understanding of file collditiolts goycl-111lig this bicl, NANIE OF BIDDER Nanit as ret,lstcrccl with their Sitl(c of 4 Wk)U6 I I3175LNF:SS STREET ADDIt1iS5 r 1'.0. Box address ltot permitted �- CITY,STATE, Z I P CODE MAILING ADDRESS: Check if same as BtlsineSS address above. RtISIN SS MAILING ADDRESS CI'I ,,5I'ATF,ZIP CODE AUTI10RIZED SIGNATURE(Written) DO f� PRINT NAME E I}+ toklb TITLE (of person signiu;form) i DATL. � TELEPHONE NUMBER 5�r<� 'lilt- ze; t FAX NUMBER ENTAIL,ADDRESS NrENDOR SERVICE REV FOR ORDER i TELEPHONE f CELL NUMBER FAX EMAIL.ADDRESS [lid Nip.2014-=14 Production Well Rchubilitatiou 2014 341 P < '. W 4 co LLJ PCs .0 y. 0 u 3 u w WO -A O z a ;L O m ri 0 0 ' �----- ----- f �V W 7 �1 E" tj N � � n o S Q -3 .74 a PC w r A K v V 2V w W y � -� °' ° •� a u ci, °'3 � �.�- rte- ° � 9 a+ Al u ;� ei Q' f.1 (1r.Tn y � G d (V � {rl ri ri ri ci ri ri N I- N IM PQ U u ' •~x t� U � A [� ��A� � `-'A `chi `t�� v � + A � (`� o � 6 W r� a a a 0ri 4 •sue 5 q a CN No CL y �� N y � ,;; � w � a a � � as a y� o �,� o�, •� �� :3 N Q � Z Z o m M M M �.; a. �r cvi c Bitc w Ird 1;6 4 d 3 v A w P V P O O En co CD a w � � 10 a Z O 3 ° a` am i W t o F 3 LO CL ce) a 0 LO c i o U H � Ifk b � i Iw ((( a a w o CA H ,Q a a g � a o a v o n vi 4 n M N q •a A A n O cn W n W a lz4 O V CD p � � Z n a. 0. w VENDORS MARRIETI13G HAVIERIAL and 1 or ADDITIONAL INFORMATION BID Plc. 2814-44 PRODUCTION WELL REHABILITATION FV'2014 P/N 2014-035 Please check if you are "NOT" submitting any additional information. NONE: [� Bid No, 2014-44 Production W61 Rt!habilitation 2014 35 "'ROFIESSIONAL REFEREINCES BID No. 2014-44 PRODUCTION WELL REHABILITATION FY2014 P/N 2014-®35 *Please complete this page or-attach your reference page to this sheet. Agency/Company df i.hfi e__1ViCLb Address City,Slate,Zip Contact Pelson Telephone 'Date(s)of Servirh A Type of Service _Ylxf i-�ab Comments: IV 4— ......------- I i_A(j_ency/Cornpan M%y -of Address civt City.State, Zip Contact Person Pit Selki L-S ;Se-,4- Telephone_ 201 Date(s)of Service JL00L 0 T pe of Service kfq .'Li ft . 9­V­ - Aqen Company Aox, I qL_ - 1, �"" — Address All Whd, f City,Stale,Zip PcAl-t- Contact Person E , Telephone 60 F g Date)of Service &-o- — OIL IM Type of Service Web) 4AM1 Comments: Vendor, Bid\'o. 20i4A,) Productim Well Rehabilitation 2014 33 1 Pa ADDENDUM No. 1 August 25,2014 City of Delray Beach PRODUCTION WELL REHAB 2014 BID No. 2014-44 PIN 2014-035 Addendum No.] dated August 25, 2014 to Drawings, Specifications and Contract Documents for the above referenced project, is hereby declared part of the original Drawings, Specifications and Contract Documents, and in case of conflict, the following Addendum shall govern. Bidders are advised that the information contained in this Addendum is abbreviated and general in nature. It is the bidders responsibility to include all items necessary for the proper execution, coordination and completion of all work directly affected by this Addendum. QUESTIONS & ANSWERS a. Will a site visit be allowed on the day of the pre-bid meeting being some Contractors may have to travel far distances to the meeting? • Yes, Immediately following (lie mandatory Pre-Bid Meeting, interested parties may visit each respective well site. b. Will the owner accept Airburst as an Alternate Rehabilitation Method? Please see the attached information regarding Airburst Technology. • No. Unfortunately, Airburst will not be accepted as an alternative rehabilitation method at this time. Bidders shall acknowledge receipt of this Addendum by: Write the words"Addendtirn No. "l"on the exterior of the envelope in which the bid is submitted. PLEASE ACKNOWLEDGE RECIEPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND RETURNING VIA EMAIL nadaf rr mydelray.c€m OR FAX (561) 243-7166 AS SOON AS POSSIBLE. Al"t tu<'a'-'- (---y J PLANHOLDER By'--- Date Addendum No. To The Contract Documents For Production weft Rehab 2014 16.During well redevelopment it is common for the gravel pack to clear(lose fine material) and settle. This results in the need for additional gravel replacement. It is recommended adding a lint; itern for gravel by the cubic foot. o An Owner's Contingency Allowance has been added to the revised Schedule of Pricing, per Addendum No. 2, page 31.1, revised Line Item 5,00, Gravel replacement, if needled, will be paid as a reimbursement, on a cubic foot basis. i ATTACHMENTS 1. Revised Schedule of Prices Sheets(5 pages total);pages 28 thru 31.1,Addendum 2. o Replace existing sheets with ones marked footnoted as"Addendum No.2"at lower right hand corner. An Owner's Contingency Allowance has been added, Bid Item#5.00. s Bidders must acknowledge receipt of this Addendum by: Write the words"Addendum No.2" on the exterior of the envelope in which the bid is �. submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO.2 BY,SIGNING BELOW AND RETURNING VIA EMAIL nadai tnydetraybeacbrcom or FAX(561)243-7166 AS SOON AS POSSIBLE. Planholder By V Date END OF ADDENDUM NO. 2 Page 4 of 4 BU)NO,2014.44 Addendum No.2 PRODUCTION WELL REHAB,PIN 2014.035 Septemt6ct 2,2014 DID No. 2414-44 PRODUCTION WELL REHABILITATION FY2414 PIN 2494-435 Cot�>In�entsll �ieptitms: � � �� JOIN'S 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. IEIYES ❑ NO Vender: It r - V-1 Bid No, 2014-44 Production Well Rehabilitation 2014 32 1 p , DRUG FREE WORKPLACE CERVIFICAwle" DID NO. 7.014-44 PRODUCTION WELL REHABILITATION FY20114 P/N 2014-035 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 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 lerms 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. V( L ryt C-A� Co 'actor's Narne 5igna re Date Bid \o.2014-44 11rodkiction Well Rehabilitation 2014 BID No. 2014-44 PRODUCTION WELL REHABILITATION FV2014 PIN 2014-035 Contractor shall, in addition to any other obligation to indemnify the City of Detray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, frorn 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 indennnification 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. -b �Ls (-- q hlo Contractor's Name Signature Date [aid No. 2411-44 Prothictioo Well Rehabilit (im 2014 91 ,' � —. - --T — COME OF SILENCE 131D N0. 20114-44 PRODUCTION WELL REHABILITATION FV2014 P/N 20114-0,35 The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Reach County Code of Ordinances) is applicable in the City of Delray Reach. 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. 2-365. 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 campetitive 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 tine 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 booty, 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 Ill, division 2, part A, section 2-51 et seq.)or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes aclion 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 pate Bid No.2014-44 Production Well Rehabilitation 20]4 10 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Suzanne Davis,Director of Parks&Recreation THROUGH: Terry Stewart, Interim City Manager DATE: September 19, 2014 SUBJECT: AGENDA ITEM 8.12-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 ELEV8 SPORTS INSTITUTE,INC./LANDSCAPE MAINTENANCE SERVICES BACKGROUND The City's Code of Ordinances, Chapter 36, Section 36.02(A), "Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year",requires prior approval from the Commission when total annual purchases from any one vendor is forecasted to exceed $25,000. Bid award to Elev8 Sports Institute, Inc., in an amount not to exceed $75,840.00 for the for Landscape Maintenance services for Seacrest Soccer and HillTopper Stadium. This is in compliance in Chapter 36, Section 36.02(A), "Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year". Funding is available from 001-4131- 572-34.90 (General Fund: Other Contractual Service). Elev8 Sports Institute Inc.,was the lowest responsive bidder. DISCUSSION The item before City Commission is to approve an award and expenditure with Elev8 Sports Institute Inc. in the amount not to exceed $75,840.00 annually for Landscape Maintenance services for Seacrest Soccer and HillTopper Stadium. OPERATING COST Funding is available from 001-4131-572.34.90 (General Fund/Other Contractual Service) under the approved FY 2014-2015 operating budget. TIMING OF THE REQUEST Maintaining the Landscape Maintenance Services for these Athletic Fields is essential in keeping with the high level of service provided to our users,thus the timing of this request is of high importance. FUNDING SOURCE Funding is available from 001-4131-572.34.90 (General Fund/Other Contractual Service) under the approved FY 2014-2015 operating budget. RECOMMENDATION The Parks &Recreation Department recommends City Commission approve the bid award in the not to exceed amount of$75,840.00 annually to Elev8 Sports Institute Inc. for landscape maintenance services for Seacrest and Hilltopper Stadium. ■ � | � | � _ , § 7a mm ■ � � # ( a �w Q 4 § V § % { I m ; F- § | ( , k ■ 2 A R k a § � § } � ] § § § ) $ ] § 2 � a m § kkkk [ � W !- � ■ LL m ° a . £ 2 § { f § § { -- z , r § : = ƒ \ $ ) q E , ; at � 42 ' m | , � l • m § # § / } � 7 2 ■ ! . l . [ Iy 3 ! ) 2 ) j w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: September 25, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 WAIVER REQUEST/920 SEASAGE DRIVE BACKGROUND The action requested of the City Commission is consideration of a waiver request to LDR Section 4.3.4 (K) to reduce the lot frontage from 100' feet to 95' feet and the lot width from 100' feet to 87' feet for Lot 3; and to reduce the lot width from 100' to 96' for Lot 4. Both lots are existing platted lots, and the applicant is proposing to build two separate single family homes. This request is being processed pursuant to LDR Section 2.4.7(B) [Waivers]. The City has received a request from the property owner seeking relief from the minimum lot frontage dimension requirement for one of two existing platted lots. The existing property is located on the east side of Seasage Drive to the south of Azalea Road (920 Seasage Drive, see attached map) and is described as follows: "Lot 3 and Lot 4, Block 5 of the Plat of Seagate Extension, recorded in Plat Book 24, Page 67 of the Public Records of Palm Beach County on August 17, 1953". The property contains Lot 3 and Lot 4. Both lots are part of the Plat of Seagate Extension, recorded in Plat Book 24, Page 67 of the Public Records of Palm Beach County. The property is zoned R-1-AAA (Single Family Residential), which requires a minimum of I00 feet of frontage and lot width of 100' minimum. Lot 3 was originally platted with a frontage of 95'-0" and a lot width of 87' while Lot 4 was plated with a frontage of 100'-0" and a lot width of 96'. Thus, Lot 3 is a non-conforming lot with respect to the lot frontage and the lot width required in the R-1-AAA zoning; and Lot 4 is considered a non- conforming lot with respect to the minimum lot width required in the R-1-AAA zoning. Lot 3 has an area of 13,384 sq. ft. while Lot 4 has an area of 14,045 sq. ft. Thus, both lots meet the minimum lot size required in the R-1-AAA zoning district which is 12,500 Sq. ft. The lots have been improved with a 2- story single family residence and a one-story garage built in 1995. In accordance with LDR Section 4.1.4(C), Uses of Lots of Record, "if two (2) or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. " The owner wishes to demolish the existing structure, and build two separate single family homes on each of the existing platted lots. Both Lot 3 and Lot 4 (see attached conceptual site plan) will be accessed from Seasage Drive with a driveway into a side-loaded garage. This proposed development pattern and lot sizes will be consistent and compatible with prevailing development in the neighborhood relative to lot frontage, depth, width, and lot area. Lot 3 will be conforming with respect to all of the lot dimension requirements of the R-1-AAA zoning except for the lot frontage and the lot width; Lot 4 will be conforming with respect to all of the lot dimension requirements of the R-1-AAA zoning except for the lot width, as further discussed in the Waiver Analysis section below. As per LDR Section 4.3.1(D), City Commission has the authority to grant relief of the following standards: LDR Section 4.3.4 (K) (Development Standards Matrix): Lot 3: . Reduction of the required lot frontage from 100' feet to the proposed 95' feet, and reduction of the required lot width from the required 100' feet to the proposed 87' feet; and Lot 4: . Reduction of the required lot width from 100' feet to the proposed 96' feet. Waiver Request. Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. The proposal involves a waiver request to LDR Section 4.3.4(x) to reduce the lot frontage and lot width for Lot 3; and to reduce the lot width for Lot 4. Both Lot 3 and Lot 4 are existing platted lots. The applicant is proposing to build two separate single family homes. Lot 3 will be deficient with respect to lot frontage and Lot width, and Lot 4 will be deficient with respect to lot width as noted in the following table: Minimum Requirements in the R-1-AAA Zoning Existing Platted Lots Configuration Frontage Width Depth Lot Size Frontage Width Depth Lot Size Lot 3 100' 100' 110 12,500 sq.ft. 95' 87' 159.30' 13,834 sq.ft. Lot 4 100' 100' 110' 12,500 sq.ft. 100' 96' 150' 14,045 sq.ft. Waiver Findings: Pursuant to LDR Section 2.4.7(B) (5),prior to granting a waiver; the granting body shall make findings that the granting of the waiver: Proposed Configuration (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. It is noted Lot I and Lot 2 located to the north of the subject property have a lot frontage of less than 50' and a lot width of less than 100'. Lots 14, 15, 16, 17, 18, and 22 located on the southwest corner of Seasage Drive and Poinsettia Road have a lot frontage configuration that ranges from 46' to 70' (see attached Plat of Seagate Extension) and a lot width of less than 100'. The approval of this waiver would eliminate an irregularly shaped lot with 195' frontage and return to a configuration of two parcels with a frontage configuration closer to the prevailing lots in the neighborhood. Other requests to create nonconformities in this area have been previously approved. The neighborhood, as defined by the Seagate Extension plat, contains 12 lots out of a total 87 lots that are also considered non-conforming with regards to lot frontage and lot width. Each of which is located on waterfront with a design that promotes residential accessibility to waterfront views and contributes to the character of the neighborhood. As previously noted, this proposal creates two nonconforming lots (Lot 3 and Lot 4) with respect to lot width; and one nonconforming lot(lot 4)with respect to lot frontage that represents a 5% deviation from the lot frontage requirement of 100' (95'/100'=0.05x100=5%). The configuration of Lot 3 and Lot 4 closely matches the existing lot patterns in the Seagate neighborhood. Developing Lot 3 separately will not create any known unsafe situation. Development of these lots separately is consistent with the original planning intent and approved plat for this neighborhood. Given the above, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation and an approval would be granted in a similar situation. Based upon the above, it is appropriate to approve the requested waiver in order to maintain a level of consistency within the Seagate neighborhood. There are two issues that should be noted. First, if the City Commission approves the waiver, a survey must be filed with the Engineering Department showing the configuration of the two lots. Second, that the Unity of Title must conjoin the two lots until the existing structure is demolished, to prevent a conflict with setback regulations. Review by Others: • Planning &Zoning Board: Planning and Zoning Board review of the proposal is not required. • Public Notice: Formal Public notice has been provided to the owner of the subject property as well as to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the City Commission meeting. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The item before the City Commission is consideration of a waiver request regarding 920 Seasage Drive. RECOMMENDATION By motion, approve the waiver to LDR Section 4.3.4(K) (Development Standards Matrix)to: • Reduce the lot frontage for Lot 3 from the required 100' to the proposed 95', and the lot width from the required 100' to the proposed 87', and • Reduce the lot width for Lot 4 from the required 100' to the proposed 96', Based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D), subject to the following conditions: • That a survey must be filed with the Engineering Department showing the configuration of Lot 3 and Lot 4; and • That a Unity of Title between the two lots remain in place until all structures are demolished, at which time said Unity of Title shall be released upon consent of the City's Chief Building Official. From the desk of: Steven S. Wherry, Esq. reenspoon Harderl-AW 200 East Broward Boulevard, Suite 1 800 Fort Lauderdale, Florida 33301 Fax: 954.771.9264 888-491-1120 Direct Phone: 754.200.7017 vw vv.gmlaw.com Direct Fax: 954.333.4157 Email: steven.wherry @gmlaw.com AUG 1 2014 It August 14, 2014 Dana Little, Director Planning and Zoning Department City of Delray Beach 100 NW I"Avenue Delray Beach, FL 33444 Re: Request for Nonconforming Lot Waiver at 920 Seasage Drive Dear Mr. Little: I atn writing on behalf of my client Joseph A. Colletta(the "Applicant") regarding his property located at 920 Seasage Drive, with tax parcel control number 12-43-46-21-08-005-0030 consisting of Lot 3 and Lot 4, Block 5 of the Plat of Seagate Extension, recorded in Plat Book 24, Page 67 of the Public Records of Palm Beach County(the "Property"). The Property is located in the City's R-1-AAA zoning district, which requires that lots have a minimum of 100 feet of frontage. The Property was under common ownership as of October 18, 1994, which triggers Section 4.1.4 (C) of the City's Land Development Regulations ("LDR") concerning use of lots of record and requires that if two or more lots of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. The Applicant desires to redevelop the Property consistent with the original platted lots of record, which, although complies with the lot area required by the R-1-AAA zoning district regulations, does not comply with the frontage requirements. As platted, Lot 4 has a lot frontage of 100 feet, which meets LDR requirements, but Lot 3 has a lot frontage of 95 feet, which does not meet the 100-foot minimum requirement. Section 4.1.4 (C) of the LDR provides that a waiver to this requirement may be granted by the City Commission pursuant to LDR Section 2.4.7 (B). Aventura I Boca Raton I Ft. Lauderdale I Miami I Naples I Orlando I Port St. Lucie I Tampa I West Palm Beach 19194076v1 August 14, 2014 Page No. 2 Pursuant to LDR Section 2.4.7 (B), please accept this letter as a formal request and justification for such a waiver. In support of this request, we suggest the waiver meets the LDR Section 2.4.7 (B) (5) criteria as follows: (a) Shall not adversely affect the neighboring area The requested waiver shall not adversely affect the neighboring area. The lots in question were lots as originally planned, approved, and platted in June 1953. The neighborhood, as defined by the plat, contains 12 lots out of a total 87 lots that are similarly nonconfonning, each one of which is situated on waterfront in a design that promotes residential accessibility to waterfront views and contributes to the established character of the neighborhood. There is no known adverse condition that affects the neighboring area as a consequence of this circumstance. (b) Shall not significantly diminish the provision of public facilities The requested waiver shall not significantly diminish the provision of public facilities. Each of Lots 3 and 4 has ingress and egress access for public services, and there is no known condition or circumstances pertaining to the separate lots that would in any way diminish the provision of public services from the level at which such services presently are available, (c) Shall not create an unsafe situation The requested waiver shall not create an unsafe situation. Developing Lots 3 and 4 separately has no rational bearing on the creation of any known unsafe situation. Development of these lots separately is consistent with the original planning intent and approved plat for this neighborhood. (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner The requested waiver does not result in a grant of special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. LDR Section 4.1.4 (C) expressly includes the possibility of this waiver and, as such, the City's Code anticipates the likelihood of such requests and by not prohibiting them as is the case with other kinds of requests, makes specific, express allowance for them, which on its face indicates that granting the waiver would not be a grant of special privilege but an anticipated mode of relief for City property owners. Based on the foregoing information, we respectfully request that the City Coni nission grant this waiver and allow the Property to be developed separately as Lot 3 and Lot 4, as originally 191940760 August 14, 2014 Page No. 3 platted. Please feel free to contact ine with questions or need for any additional information. Very truly yours, Steven S. Wherry, Esq. 19194o76v1 t � � ��� '� ♦ _ t. rte-� Syr g ; f • �Al -1 �- i � l�l 10, NA rt N m" x a � 2�o Q ata � Z`, acSi�3���b gad i Um W J�`�{" gx2 Qn�s + m' i Rp c m ffim a4 try Ir¢u x p m W °- m W W 0� W�xti .sCmoBi`5ffi LU Y pie �,��. RIlk Oab� Q -J, '°i .2X W w � 0 4X 3` RM. m� � OR'.,3m iA a z Q ¢t "3� „0 �++°''s mg � t� _ ,c��,g RL CX �G3 i- J,mm U° J! X� 4 W a a 5' ova kd� �groA o$ rot¢ Xm WV immfPo �Ss Ab Rm4 �� oJ m lz m'�g ' °iR 4. � > w �q �xkam goy ) Ww�° gpv a, mUg� ec t k Q roJ „to`N myX m>mPg� Ea vC qa� a' o ” p r W Z o�eG b =_aim sag 2� 4 wc4� a m q�m o a m y� ^• Rq� �m s ��� N Q RFm W`tlI qR J+., o _Lu r LL Q �RO °-- '.c Y 'Q O4 '�q k4x, i w ,a �a 41 Q. Z tit In 2F.a-°v4m m+#3'm � .�'� tiZ 4o'°'�s'C'` o ti LLI � W0 U W do roro� 3a �B ,� �� ti� �"Q 'm �i N W m „x W � 0 d za s m 0 of Q Its E `J U) 4 W z ffi ffi x� v U L� z e QO qs-vs°"a - 3/�f Zi �m % Q gi _ °- m' m $ or, '. .-gip° "na, ,,� ,� af'F l�' 4 Z co ur; ej i N o . Q .o. �..an O Z v m w y ° �p ry .am im.s g U IY a 8 y� a4 „< sc vb'1591 x ( r.�4 y✓.; s w aka p Q . o � g z m a 44 4 �s 1 m b> f 4 dy, � � P J { --1— 1111 711-"1 %4 a L n-L I c--> 1-1 lf"'ta V(MOld'HDVJU AV'dl'3G 3ArdC1 39VSVJS Z(D / i \ \ 4) 14, ell 'Lu cD 6 m m, Awl LL, \\ / \ < L L IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 920 SEA SAGE DRIVE 1. These waiver requests came before the City Commission on October 21, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 920 Sea Sage Drive. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.3.4(x) Pursuant to LDR Section 4.3.4(K), lots in an area zoned R-1-AAA must have a minimum frontage of 100 feet and a minimum width of 100 feet. Under LDR 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. i) Waiver for Lot #3 The applicant is requesting a waiver to the requirements set forth in LDR 4.3.4(k) to allow Lot #3 zoned R-1-AAA to have a frontage of 95' and a width of 87'. 1 Should the waiver to Section 4.3.4(k) for Lot #3 be granted? Yes No ii Waiver for Lot #4 The applicant is requesting a waiver to the requirements set forth in LDR 4.3.4(k) to allow Lot #4 zoned R-1-AAA to have a width of 96'. Should the waiver to Section 4.3.4(k) for Lot #4 be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies these waiver requests, subject to the conditions in Exhibit "A". 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21 st day of October 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 Exhibit "A" 1. That a survey must be filed with the Engineering Department showing the configuration of Lot 3 and Lot 4; and 2. That a Unity of Title between the two lots remain in place until all structures are demolished, at which time said Unity of Title shall be released upon consent of the City's Chief Building Official. 3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Terry Stewart, Interim City Manager DATE: October 10, 2014 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 SIDEWALK DEFERRAL/1230 SEASPRAY AVENUE BACKGROUND The subj ect property consists of 0.3247 acres (14,146 sq. ft.) and currently contains a 1'/z-story 3,695 sq. ft. single family residence constructed in 1964. The property lies within the Seagate Overlay District and is located on the south side of Seaspray Avenue, west of North Ocean Boulevard and east of Andrews Avenue. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to demolish the existing home and construct a new 8,464 sq. ft. two-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way along Seaspray Avenue. No other sidewalks exist on either side of the road. Pursuant to the sidewalk deferral agreement, the owner will construct the sidewalk along Seaspray Avenue at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. City Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in- lieu payment of fees for future construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. As such, any current requests for sidewalk deferrals will be recommended for denial and considered as a quasi-judicial item for open discussion as opposed to a consent agenda item. The applicant was informed of this determination and has opted to proceed with the current sidewalk deferral request for 1230 Seaspray Avenue. DISCUSSION Deny the request for a sidewalk deferral for the Hutchinson Residence located at 1230 Seaspray Avenue within the Seagate Overlay District to allow future construction of a sidewalk along the south side of Seaspray Avenue. RECOMMENDATION Advisory Board Recommendation: On August 28, 2014, the DSMG (Development Services Management Group) recommended approval to the City Commission to allow a sidewalk deferral for 1230 Seaspray Avenue. Staff Recommendation: The Planning & Zoning Department recommends denial of the request for a sidewalk deferral to allow future construction of a five foot (5') sidewalk along the property frontage of 1230 Seaspray Avenue located within the Seagate Overlay District. Prepared By: RETURN TO: R.Brian Shutt,Esq. City Attorney's Office 200 N.W. I st Avenue Delray Beach,Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 20 between the City of Delray Beach(hereinafter the City)and JCif, Ti'ST (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along J until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS,Land Development Regulation Section 61.3(C)requires the installation of a sidewalk, within the/;?, ' right-of-way immediately abutting the subject property,by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. U.-Ip_datalsidewalk deferral a;nrt-blank.doc Pgae I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at X)3) J 4erie/'4y 4IF7 as described below: IF I /1-C6F S �E �,0�� A 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the J�t=AS q Ifs right-of-way abutting the subject property,within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20_ ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Clerk Mayor, Cary Glickstein Approved as to form and sufficiency: City Attorney U.•1prdataWdewalk deferral agent-blank doe Page 2 of 3 WITNESSES- OWNER: B . (Pleas type or print name) (Please type or print name) STATE OF COUNTY OF - � ) BEFORE ME personally appeared C>�A�A ,r who [is] are] ,kl47,'14,£t'J 4? O—'--1 personally known to me or [h [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this V/4- day of J i3ti"� 20 My commission expires: �`- Notary Public LINDA L.HAMILTON (Seal) * * MY COMMISSION#FF 002028 N EXPIRES:May 7,2017 4®R r4 Bonded Thru Buo Notary Services avVsidewalk deferral agreement U:',p.datalsidewcdk defeind c(omt-hlank.doe Page 3 of 3 7 y jf . � �l --"=4 .-'�. �; � X5,1 • �'��w' ��. � , '4 SEASPRAY "EN U , {� vp Al As At N 1230� .� .i � ''•'�-'!tom �sl•�� '� s �-- i YV� f•rJ7 � �/ �\ti �� �• �� .%'�".1 �- '• �r� Rte' r l AVENUE r� • ZONING DEPARTMENT n w z g 3 o U R 4ae x® N'a a gg $ �a gN a Ja O — � xot 4 Qn�? W as; assns sssns.s °a� � sp9; � � `�¢qy� i qa $3 3 33-33333 33334 ZZZ gg p$g Q tlB ypQyp+ g?gg'g Sd gpgpEeE $@p3� § �9C$tlg �'3 a }gtl ° a lal .J' snri I R : I L w __. I F a LU LU ui go NM i o Q a ; a i tlT tl. n i tlFF I s� I � gg I 43 @ -- ---enn�nv --—-—---—-—-— ��p g� 2e ilI ii I 15! fill $ m 023 9 . IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE SIDEWALK INSTALLATION FOR 1230 SEASPRAY AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request came before the City Commission on October 21, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the sidewalk installation requirements for 1230 Seaspray Avenue. All of the evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 6.1.3(D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. A. Waiver to LDR Section 6.1.3(C)(4). Pursuant to LDR Section 6.1.3(C)(4), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. However, installation of sidewalks within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of a majority of the sidewalks at a given point in time. The applicant is asking to waive the requirement for the installation of the sidewalk until such time the City requests the Owner to construct the sidewalk. Should the waiver for the sidewalk installation for 1230 Seaspray Avenue be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver request for the sidewalk installation at 1230 Seaspray Avenue and hereby adopts this Order this 21st day of October, 2014, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 3 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: September 29, 2014 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 CONTRACT AWARDMINTERLAND GROUP,INC BACKGROUND Consider an award to Hinterland Group, Inc. in the amount of$51,400 for performing sanitary sewer repairs on Dotterel Road, utilizing a contract Hinterland Group, Inc. has with Palm Beach County. During routine sewer main inspection work, Water/Sewer Network Division crews discovered a sinking manhole condition on Dotterel Road, west of Lindell Blvd. Further investigation revealed a deteriorating manhole, as well as a collapsing sewer main pipe on the next upstream pipe segment. Utilizing pricing per an active contract with Palm Beach County for "Continuing Contract for Wastewater Gravity Lines and Manhole Rehabilitation", contract #WUD 12-063, Hinterland Group, Inc. provided quotes to perform the necessary utility repairs and associated roadway restorations in the total amount of$51,400. The contract is active through April 15, 2015. The method of acquisition for services under this award recommendation is in accordance with the Purchasing Code, Chapter 36, Section 36.02 (C)(7),"Utilization of Other Governmental Entities' Contracts". DISCUSSION The item before the City Commission is to approve an award in the amount of$51,400 to Hinterland Group, Inc. utilizing pricing under an active contract with Palm Beach County, Florida (contract#WUD 12-063) for sewer repairs on Dotterel Road. TIMING OF THE REQUEST The approval of this item is of high importance so that repairs can be performed to mitigate deteriorating conditions. FUNDING SOURCE Funding is available from 441-5178-536.46.24 (Repair and Maintenance Service/Sewer Mains), after a budget transfer. RECOMMENDATION By motion, approve the contract award in the amount of $51,400 to Hinterland Group, Inc. for performing sanitary sewer repairs on Dotterel Road, utilizing an active contract per Palm Beach County, Florida. " I lk*, i'T"E F;Z LA lei E:> CROUP INC M m cm i m m im i4 ca C Oc>r4 T"RAG'TO R PROPOSAL Project Name:Manhole 42 Influent Pipe Repair Project Owner: City of Delray Beach Project No.:N/A Date: 9/3/2014 Requested By: Owner—Scott Solomon Reason for Request: Existing manhole has a collapsed line on one side which is causing the manhole to sink in turn resulting in sewage backup. Proposal Scope of Work: 1. Remove and replace existing 12"influent piping only up to 20',including bypass as needed and complete restoration Pricing Per Palm Beach County Contract WUD 12-063: Bid Item Description Unit Units Qty Extended Price No. Price 8 Point Repair(Open Trench), 10"through $265.00 LF 20 $5,300.00 12" Gravity Pipe(6'to 7.9' deep) 41 Bypass Pumping 12"through 16"Force $1,100.00 Day 1 $1,100.00 Main 71 Replace Sewer Manhole Bench and Invert $400.00 Ea 1 $400.00 93 Asphalt Driveway Replacement $40.00 SY 50 $2,000.00 (Restoration) 95 Asphalt Pavement Removal $12.00 SY 50 $600.00 103 Sod Replacement(St.Augustine,Bahia $4.00 SY 100 $400.00 or Bermuda) 105 Maintenance of Traffic(M.O.T.) $1.00 LF 120 $120.00 116 Contract Allowance for Miscellaneous $1,600.00 Ea 1 $1,600.00 Items -Connection of new pipe to existing manhole Total $11,520.00 Proposal Prepared By: Chase Rogers Date: 9/3/2014 Engineer Approval: Printed: Date: Owner Approval: Printed: Date: 5401 N. HAVERHILL, ROAD, UNIT 1149 WEST PALM BEACH, FLORIDA 33407 5614403503 OF'F'ICE tar 633.7067 FAX CGC 1520354 CUC 1224634 CBC 1255077 EC 13003615 " 11 lk*, i'T"E F;Z LA lei E:> 911110C�m .- CROUP INC M m cm i m m im i4 ca C Oc>r4 T"RAG'TO R PROPOSAL Project Name:Manhole 44 Replacement Project Owner: City of Delray Beach Project No.:N/A Date: 9/3/2014 Requested By: Owner—Scott Solomon Reason for Request: Existing manhole has a collapsed line on one side which is causing the manhole to sink;in turn resulting in sewage backup. Proposal Scope of Work: 1. Remove and replace existing 4' diameter manhole with coal tar epoxy coating inside and out and new ring and cover,install bench and invert in the new manhole, remove and replace influent and effluent pipe up to 20' each direction,bypass pumping as needed, and full restoration of the roadway and surrounding area. Pricing Per Palm Beach County Contract WUD 12-063: Bid Item Description Unit Units Qty Extended Price No. Price 2 Point Repair(Open Trench),4"through $265.00 LF 20 $5,300.00 8" Gravity Pie(6'to 7.9' deep) 8 Point Repair(Open Trench), 10"through $265.00 LF 40 $10,600.00 12" Gravity Pipe(6'to 7.9' deep) 41 Bypass Pumping 12"through 16"Force $1,100.00 Day 2 $2,200.00 Main 71 Replace Sewer Manhole Bench and Invert $400.00 Ea 1 $400.00 73 Replace Sewer Manhole Ring and Cover $800.00 Ea 1 $800.00 (in street pavement) 77 Install New Standard Precast Concrete $8,700.00 Ea 1 $8,700.00 Sewer Manhole(4-ft Diam. 6' to 7.9'feet deep) 89 Demolition/Removal&Disposal Existing $5,000.00 Ea 1 $5,000.00 Sewer Manhole 91 Install Coating to Sewer Manhole(4-ft $190.00 VF 6 $1,140.00 Diam.Precast Concrete Manhole) 93 Asphalt Driveway Replacement $40.00 SY 100 $4,000.00 (Restoration) 95 Asphalt Pavement Removal $12.00 SY 85 $1,020.00 103 Sod Replacement(St.Augustine,Bahia $4.00 SY 150 $600.00 or Bermuda) 105 Maintenance of Traffic(M.O.T.) $1.00 LF 120 $120.00 Total $39,880.00 5401 N. HAVERHILL, ROAD, UNIT 1149 WEST PALM BEACH, FLORIDA 33407 5614403503 OF'F'ICE tar 633.7067 FAX CGC 1520354 CUC 1224634 CBC 1255077 EC 13003615 " I lk*, i'T"E F;Z LA lei E:> 911110c�m .- CROUP INC M m cm i m m im i4 ca C Oc>r4 T"RAG'TO R Proposal Prepared By: Chase Rogers Date: 9/3/2014 Engineer Approval: Printed: Date: Owner Approval: Printed: Date: 5401 N. HAVERHIL�L, ROAD, UNIT 1149 WEST PALM BEACH, FLORIDA 33407 5614403503 OF'F'ICE 321 633.7067 FAX CGC 1520354 CUC 1224634 CBC 1255077 EC 13003615 217' / e 170 176 30, 6" 89' 171 12 �s 0 � N61, 219� °°. � s" 172 21 ET �, l: �. 220 211 125 6. �" � 9 e" 'o 0 49 0, 6 0 d"L 2 210 173 0 o (39 - 9 51 uN o 4 Go N T ED 5 WATERF RD ARC 4 o 221 �� �5 LL GE o -ld 212 D5 5 Q 4 4 N 4° Q�c s, 2228. 48 ��° > L S.34 c R o b 0 63.2' �co �� 8"Pvc 6 46 ro 216 8" 217 �� P 300' 57' 51 3 R D M ol . 5 CD FAKE DEFRAY 0 APARTMENTS .o U 4 TRACT 3 � 5 o k (P B 28, > CD VATERFORD VILLAGE 8 PG.23T) w MZ SANIT RY SEWER MAN OLE 42 REPS ACEMENT o A 5 TRACT 2 m N 44 ,3 CL a 34 3zo' a" Pvc 35 "Li SANITAR SEWER REPAIR 56 CD j TRACT 4 TRACT 1 31 — O J (a 3326- W @ 4o J o Z J B VD. 33 5' 704 705 E 706 707 708 j 723 722 721 720 719 718709 710 92, 717 716 712 713 2506 63> 6�0 5 715 D��� 714 CITY of DELRAY BEACH SANITARY SEWER REPAIR DATE:09/19/2014 ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP j 2014-200 434 SOUTH MTrON AVENUE,DELRAY BEACH,FLORIDA 33444 O f cii HINTERLAND GROUP, INC. 5401 N. Haverhill Rd. Unit 114 West Palm Beach, FL 33407 Phone: 561-640-3503 Fax: 561-640-3504 September 26, 2014 Scott Solomon Manager of Water and Sewer Network City of Delray Beach 434 S. Swinton Avenue Delray Beach,FL33444 RE: Manhole #42 and 944 Repair and Replacement Scott, The Hinterland Group,Inc. hereby certifies that the pricing used to quote the subject scope of work was extracted directly from the contract agreement Number WUD 12-063 between Hinterland Group,Inc. and Palm Beach County Water Utilities Department,and is in fact the best contract pricing available from Hinterland Group,Inc.to perform the specified work in the State of Florida. If you have any questions please feel free to contact me. Sincerely, &am Rvew Chase Rogers Project Manager Hinterland Group,Inc. Mobile #: 561-543-9680 Email: Crogerskhinterlandgroup.com . t 2014- 0520 CONTRACT " THIS CONTRACT, made and entered into this day of APR 2V 0-, between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and rat, hereinafter referred to as the "CONTRACTOR". WITNESSETH: That the said Contractor having been awarded the contract for the: Continuing Contract For Wastewater Gravity Lines & Manhole Rehabilitation Project No.: WUD 12-063 in accordance with the Bid therefore and for and in consideration of the promises and of the covenants and agreements, and of the payments herein specified, to be made and performed by the Contractor and the County, the Contractor hereby covenants and agrees to and with the County to undertake and execute all of the said named work, in a good, substantial and workmanlike manner, and to furnish and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete all work in accordance with all requirements of the Contract Documents and in accordance with all Federal, State, and local laws, rules, and regulations, within the time limit specified in the Bid Form. The Contract Documents consist of the following documents which are incorporated herein by reference. A - Invitation to Bid, Instructions to Bidders, Bid Form and Attachments 1 through 5. B - Completed Bond and Guarantees. C - General Conditions. ID - Supplemental Conditions. E - Special Conditions (Not Used). F - Technical Specifications dated 12-16-13 . G - Addenda. H - Drawings dated_ NA Contractor agrees to accept as full compensation for the satisfactory performance of this Contract the sum of $� 113-31, , 5� ^ _, The prices named in the Bid are for the completed work and all expense, direct or indirect, connected with the proper execution of the work of each Work Authorization and of maintaining the same until it is accepted by the Board of County Commissioners. It Is understood that the Contractor holds and will maintain current appropriate certification and/or license for the purpose of performing the specified work pursuant to this Contract. The time limit for the Substantial Completion of all work under this contract shall be as stated in the Bid Form. The date fixing the beginning of this period upon the calendar shall be established and stated in the Notice to Proceed. The Contract is for an 1.0 year term (and any additional time needed to complete issued Work Authorizations). The amount shown above is the maximum amount for all Work Authorizations which PROJECT NO.: wUD 12.083 CONTRACT-1 Rev 10-5-12 may be issued under this Contract. The County has no obligation to issue any Work Authorizations thereunder, IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida, has made and executed this Contract on behalf of the said County and caused the seal of the said County to be affixed hereto, and the Contractor has hereunto set his hand and seal the day and year written. The Contractor represents that it is authorized to execute �bi contract on be"1 ll4 pf itself and its �t .L( Surety. x U ? R 5 ATTEST 1,�1 ,Y C"''��, PALM BEACH COUNTY, FLORIDA, A PP SHARON R. Political Subdivision of the State of Florida Ct_ERK f N N T k I �J� BOARD OF COUNTY COMMISSIONERS C?i QG ' B y n,�0 +11\.x"`.. -= Priscilla A. Taylor, Mayor APPROVEb AS TO FORM AND LEGAL APPROVED AS TO TERMS AND 'CIENg( CONDITIONS ji s ta n o kitty A W,�eq� BevinW `Beaudet, P.E.-Director Water Utilities Department 'CONTRACTOR' (Corporate Name) a Al 0yq-z-h4 __ corporation An ness gnakure) (insert state of corporation) (witness name printed) `signatory) (witness signature) U (print signatory's name) (witness name printed) (print title) 20_� (Corporate Seal) (date of execution) (Contractor's Official Address) W"�o-e4c,41 (Contractor's City, State, Zip Code) END OF SECTION PROJECT NQ.: WUD 12.083 CONTRACT-2 Rev 10-5 12 a 4 0 o n o a o ca c-� ra p _ o a a p q p a o o p o a o °a, o o p o �s Q P O O V O O Ci C? 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Q •i} 1 00 U G U R w V co U 4 N a G C d Q a V1 N 6 TC �3 N v C {d W Z 6 v y01. 0q u I 7 'F' a+ Y W d ° � �, � � � z ti Z] b Q C a Cl M C- K ro VI -u U C cl „ di V v a ri N u CH > a Vl 3 LL- b E N y-� �' � � � -O N 'V O p •O N H O v > h x a E a v ` 14 E'. c 3 w ed 0 F w U +� O V G v W O C U i fx o c is o f -o o 0 n y m m a s p 0 G7 (I] f/S N N tit ta C CO -�A y 9 a rn I j � w -I-- -- a 41 o a a o a o a }s G p a LC 3 n o n o N t! v o a p }- V V pG ,.gym p w MEMORANDUM W TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Jeffrey S. Goldman, Police Chief THROUGH: Terry Stewart, Interim City Manager DATE: October 1, 2014 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 AGREEMENT/RCC CONSULTANTS,INC. BACKGROUND The Police Department seeks the City Commission's approval to enter into an agreement with RCC Consultants, Inc. for professional services related to the Project 25 migration for City's communications in the amount of$32,599.86. An additional amount of$20,000 would be needed if the study determines that tower structural modifications or antenna changes are needed. Project 25 is a standard for the design and manufacturing of interoperable digital two-way wireless communications products. It was developed in North America with state, local and federal representatives and with Telecommunications Industry Association' (TIA) governance, it has gained worldwide acceptance for public safety, security, public service, and commercial applications. The published Project 25 standards suite is administered by the Telecommunications Industry Association (TIA Mobile and Personal Private Radio Standards Committee TR-8). Radio equipment that demonstrates compliance with Project 25 is able to meet a set of minimum requirements to fit the needs of public safety. This standard allows for improved communications within and between agencies — especially emergency service providers. Such intra- and inter-operability is necessary for coordinating efficient and timely responses in our post 9/11 world. The equipment the Police Department currently utilizes is thirteen years old and will no longer be supported by Motorola in 2016, therefore the need for interoperability along with state of the art equipment is a must for City of Delray Beach to move forward and remain compliant with the industry standard. RCC Consultants, Inc. is the only consulting firm with an in-depth knowledge of the City's communications system and the system's interoperability network with Boynton Beach, Boca Raton and Palm Beach County. RCC Consultants, Inc. has been used for professional services related to the City's communications system for over ten years. In addition, Palm Beach County has recently completed an RFP and performed an extensive search for a consultant and selected RCC Consultants, Inc. for their own Project 25 migration. Based on the foregoing discussion, staff believes this item is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (C)(6)(b), "City Standard". RCC Consultant Inc.'s work plan for the Delray Beach Project 25 migration is attached. DISCUSSION The item before the City Commission is to affirm the determination of the City Standard and approve an agreement with RCC Consultants, Inc. for professional services related to the migration of City's communications system to Project 25. OPERATING COST The agreement with RCC Consultants, Inc. is for $32,599.86 based on the attached work plan. There is also a possibility of additional costs, projected at $20,000, in the event that the study determines that tower structural modifications or antenna changes are needed. FUNDING SOURCE Funding is available from 001-2111-521-34.90 (General Fund/Other Contractual Service). RECOMMENDATION Motion to affirm the determination of the City Standard and approve an agreement between the City of Delray Beach and RCC Consultants, Inc. for professional services related to the migration of the City's communications system to Project 25 in the amount of $32,599.86 with an additional $20,000 if the tower structural modifications or antenna changes are needed. Work Plan for Delray Beach P25 Migration 1.0 - Assessment of the City's Current System Task 1.1—Project Planning, Kickoff and Design Intent Report RCC will hold a kickoff meeting with City and County personnel to review the project scope, points of contact, project schedule and information required for the completion of the project. In the meeting formal chain of communications will be established. Task 1.2—System and Subscriber Survey and Analysis Prior to the project kickoff meeting, RCC will provide the City with a checklist of system documentation required from the City. RCC's Project Manager will coordinate visits to each of the following sites: • RF Prime Site • Hardrives Site • Delray Beach Dispatch RCC will perform site surveys of each existing location to photograph and document the site layout, space, general condition, and the facilities in place at each location. Specifically, RCC will examine the site location, security,tower, grounding systems, surge protection systems, equipment shelter, primary and auxiliary power systems, fuel supply, HVAC, radio communications equipment, and site connectivity equipment. Considerations pertaining to the reuse of existing infrastructure equipment, subscriber equipment and facilities are all paramount to maintaining efficiencies, practicality and affordability for any migration to P25. RCC will evaluate the suitability of all existing system components and make a recommendation as to which components can and should be reused. RCC will update the data on system subscriber information collected in 2012 so that a compatibility and required investment analysis may be conducted. Last, RCC will analyze the interdependencies between ancillary systems such as CAD, RMS, telemetry,wireless data, paging, alerting and other ancillary systems that may need to be considered to maintain compatibility both during and after the system migration to P25. RCC will document the findings of this task in a report to the City and County. Task 1.3-Coverage Analysis RCC will use the data collected to establish a baseline of the existing system coverage for two purposes. First, it will be used as input to the design options for the new system to help ensure areas that are currently covered adequately do not lose such coverage and to identify on a theoretical basis where coverage may need to be improved. Second, it will serve as the basis for discussion with the user groups to gather their feedback and perceptions of the performance of the existing system with respect to coverage. RCC will also collect and examine any specific coverage testing data that may be available via 800 MHz rebanding and any modeling of coverage performed by Motorola. RCC will collect and examine any information related to Page 1 of 7 BDAs in the system and any ordinances that may exist in the City to facilitate the use of BDAs for coverage enhancement if applicable. The existing City system will be modeled according to industry standards for public safety mission critical communications systems. RCC will provide the City and County with a copy of the existing system coverage as modeled and a comparison to any test data results that are available as the baseline of the existing system. Task 1.4-Capacity Analysis RCC will perform a capacity analysis of the City system to determine if additional channels or taikpaths are required to maintain and/or meet a 1%Grade of Service. RCC will request from City planning staff any information on the ten year expansion forecasts for the relevant infrastructure, community facilities, fire and rescue stations, Sheriff substations/police stations, residential and commercial developments, public venues, anticipated growth in dispatch and PSAP load based on calls for service and other plans and/or forecasts that may impact the future coverage and/or capacity requirements for the new system. Using the information provided in this task as well as data provided in prior tasks such as backhaul capacity and current frequency usage, RCC will complete a capacity analysis to evaluate any potential future bottlenecks in the new system which may require augmentation of spectrum and/or backhaul. RCC will also compare and contrast capacity under P25 Phase 1 and Phase 2 options. RCC will document the findings of these analyses and provide a report to the City and County detailing the anticipated capacity requirements and potential augmentation requirements where applicable. Task 1.5—Interoperability Analysis RCC understands that the City must complete a seamless transition during and after migration to the new system with respect to both day-to-day and interoperable communications between agencies. RCC also understands that the City has a number of interoperability partners that must be considered in this seamless transition such as the hub cities and agencies in adjacent jurisdictions. RCC will update this understanding to account for changes related to West Palm Beach's migration to P25. RCC will investigate and analyze any interoperability agreements and interdependencies to help inform the trade-offs between different migration options and provide the City and County with a report on these interoperability considerations. Task 1.6—Final System Assessment Report RCC will compile the findings of the system assessment into the single comprehensive report being provided for the County and all cities. RCC will incorporate the City's and County's revisions and provide a Final System Assessment Report, Page 2 of 7 2.0 - Conduct Stakeholder @ntervievv Sessions to Gather Input and Feedback Task 2.1—Coordinate Stakeholder Interviews RCC will work with the City to schedule the appropriate number of interviews with user agencies to gather input and feedback on the new P25 system. RCC will coordinate the interviews with the following agencies: • Agency List To Be Provided by City Task 2.2— Provide Survey Questionnaire Two weeks prior to the scheduled interviews, RCC will provide the user agencies with a questionnaire that will be used to facilitate the interviews. The user agencies will be encouraged to review and complete as much of the questionnaire as possible prior to the interview. Task 2.3—Stakeholder Interviews RCC will review the user questionnaires with each of the user agencies to collect information on their current requirements and experiences as well as new requirements and enhancements related to usage,coverage, capacity and features. During the interview, RCC will document the requirements from each user and incorporate them into a Requirements Matrix. This matrix will document the system requirement and incorporate traceability to the originating user agency. The Requirements Matrix will be managed throughout the Iife of the project to ensure that all stakeholder needs are met by the new system. Task 2.4—Coverage Workshop RCC will coordinate and conduct a joint Coverage Workshop for the Cities of Boynton Beach, Boca Raton and Delray Beach. The purpose of the workshop will be to develop to establish the general parameters for the new P25 system coverage requirement. RCC will use the input from users gathered previously and the modeling of the new P25 system based upon existing and proposed sites to help facilitate the workshop. RCC will model, in real-time, addition of tower sites, changes to antenna patterns, etc. as well as review the potential for a single simulcasted system that encompasses all three cities. Requirements for in-building radio coverage will also be discussed since under-specifying coverage requirements will result in unacceptable system performance, and over-specifying coverage requirements will unnecessarily increase the cost of the system infrastructure. Using an iterative process, RCC will demonstrate how the City's coverage requirements may be met as well as work through constraints such as budgetary issues that may require compromises. Task 2.5—Develop Coverage Specifications Upon reaching a consensus on the coverage requirement for the new P25 system, RCC will develop a coverage specification that the City may use to communicate the requirements to a vendor. The specifications will identify important requirements such as the least common denominator for field radio configurations to be supported such as portable on the hip,the required level of Delivered Audio Quality (DAQ), polygons overlaid onto maps to geographically represent the various areas of the required levels of coverage for building Page 3 of 7 penetration, critical buildings and facilities that must have coverage,varying degrees of in- building requirements as applicable, coverage reliability requirements, anticipated sites to be used, and a general requirement as to how the system coverage will be validated for acceptance. RCC will document the coverage specification and provide a draft for the City's and County's review. RCC will incorporate any required revisions and deliver the final coverage specification to the County. 3.0 - Provide ®pUons for System Replacement to Meet the County's Stated Goals Task 3.1—Determine Options that Warrant Further Evaluation and Consideration Based on the data gathered and analyses that have been generated by the tasks above, at this point in the project it is expected that a ranking of the options and scenarios available to the City will begin to emerge. RCC will work with the City to determine a list of viable options that warrant further evaluation (e.g., adding new sites, a joint tri-city system, etc.) and, likewise, another list of options that are clearly not viable and warrant no further evaluation (e.g., discontinuing use of all existing sites and selecting new ones). RCC will document this agreement for the City's approval prior to proceeding with the detailed evaluation of viable options. Task 3.2—Analyze and Evaluate Viable Options Having reached a consensus with the City on viable options warranting further evaluation, RCC will analyze and evaluate each of the options. It is expected that, at most, three to five scenarios will meet the minimum requirements necessary to satisfy the City's stated goals. RCC will evaluate each option across the following variables which are subject to approval and/or modification by the City: • Ability to fully meet the user requirements • Maintaining and enhancing interoperability • Backward and forward compatibility with all interdependent systems • Ability to converge with future technology developments • Efficiency of the path to P25 and asset reuse • Speed of Deployment • Operational considerations • Maintenance considerations • Ease of implementation,transition and phased approach considerations • Rough Order of Magnitude Total Cost of Ownership Estimates (CAPEX and OPEX) for an agreed-upon lifecycle • Procurement options, lease vs, buy and other possible procurement scenarios • Cost benefit analysis Page 4 of 7 • Risk RCC will document the analysis and evaluation of each of the selected viable options in a matrix that will allow the City to easily reconcile and determine the tradeoffs between each option so that a decision may be made by the City on the option to pursue. 4.0 - Detailed Design Task 4.1 - Develop Optimal Solutions With an option selected by the City, RCC will perform a detailed design for the new P25 system. In this phase, detailed analysis and verification of key elements including tower and building suitability, system capacity, backhaul requirements, construction permitting, redundancy, FCC licensing, interoperability and migration requirements will be performed. Structural analyses of towers will be performed, electrical and HVAC upgrades will be designed and site plans for new sites will be developed by RCC. RCC will incorporate into the design the availability of interconnecting the proposed new system to existing 800 MHz P25 systems in the area, sharing certain existing resources such as tower structures, master sites, backhaul networks, etc. that may provide improved interoperability with surrounding agencies, and potentially reduce the implementation and maintenance costs. Task 4.2-Develop Budgetary Costs RCC will develop and provide budgetary costs for the recommended system design. The budgetary costs will define costs for infrastructure, subscribers, maintenance, and procurement. Task 4.3—Design Criteria Package Once the system solutions, cost estimates, and recommendations for improvement have been developed, RCC will prepare a draft version of the Design Criteria Package. The Design Criteria Package will include performance based criteria for the project. This will include items such as coverage requirements, quality standards, budget constraints,project schedule requirements, etc. Task 4.4—Conceptual and/or Detailed Designs RCC will perform conceptual and/or detailed designs for various system components as required for console systems, interconnect and backhaul systems,electrical and mechanical system upgrades, structural upgrades, site development, subscribers/fleet maps, etc. as required. 5.0— Develop Technical Specifications and Statement of Work Task 5.1 -Develop Vendor Neutral Technical Specifications and Statement of Work Based upon the Detailed Design Report, RCC will develop technical specifications and statement of work for the City's requirements for incorporation into the County's solicitation for a new P25 compliant radio system. Upon completion of the draft RFP, RCC will submit the document to the City's and County's team for review and discussion. Feedback and suggestions from the City's and County's team will be incorporated into the final document. 6.0— Proposal Evaluation Support Task 6.1 -Assist with Vendor Selection Page 5 of 7 RCC will assist the City's team in analyzing and evaluating proposals received in response to the RFP. RCC will review the proposal for compliance with the RFP and provide a report on the value of the City's portion of the proposal. 7.0—Vendor Negotiation and Agreement Support Task 7.1 -Assist in Negotiation of a Contract with the Vendor(s) RCC will provide on-site and teleconference technical support as necessary to help the City negotiate favorable pricing, terms and conditions with the selected vendor(s). 8.0— Prepare and Present Materials to Stakeholders and Elected Officials Task 8.1 —Preparation, Vetting, Coordination and Presentations RCC will work with the City staff to develop a presentation suitable for the City Commissioners. It is expected that the presentations will provide a high-level overview of the proposal evaluation and contract negotiation processes. Additionally, the presentation may include the following areas of discussion: • Procurement process overview • Review of RFP requirements • Number of proposals received and vendors submitting proposals • Overview of the evaluation criteria • Summary review of final scoring of each proposal • Final committee vendor selection(s) and recommendations for negotiations • Summary review of the contract negotiations process • Summary of negotiated cost • Recommendations for contract award(s) and execution After the presentation, RCC personnel will be available to participate in the question and answer process with the City Commissioners. Additionally,RCC will be available to provide follow-up information and answers to questions posed by the Commission as required. Page 6of7 Pricing for Delray Beach P25 Migration The following quotation does not include the following: • Costs for tower structural analyses. • Costs for tower structural modification designs. • Costs for new site development planning and permitting. • Costs for frequency coordination required for modifications to the City's current FCC licenses or new licenses. With regards to tower structural analyses, if no antenna changes are made as part of the project, there will be no tower structural analyses costs. If antenna changes are required, typically range between $3,000 and $5,000. Tower structural modification designs can vary greatly based upon the extent of the tower deficiency and can be on the order of$10,000. If a new tower site is incorporated into the system design, for site planning and permitting, costs can range up to approximately $40,000. Though RCC's fees include the cost of developing an FCC license application, it does not include the cost for frequency coordination that is performed by third-party coordinators. For major modifications such as antenna height and/or pattern changes, power level changes, the cost is approximately $310 per frequency per site. For a 7-channel system, the modification cost is approximately $2,170. If an additional transmitter site is added,that price is doubled to $4,340. Page 7 of 7 Financial Worksheet August 15,2014 RCC CONSULTANTS, INC.TECHNICAL SERVICES CONTRACT P25 System Migration Palm Beach County-Delray Beach 1 Direct Engineering Expenses Hours Rate Subtotal Director $ 200.00 Managing Consultant 120.3333 $ 185.00 $ 22,261.67 Consultant 21.66667 $ 160,00 $ 3,466.67 Consulting Assistant 4 $ 95.00 $ 380.00 JLRD Princi al 26 $ 150.00 $ 3,900.00 JLRD Draftsperson 10 $ 50.00 $ 500.00 Total 182 $ 30,508.33 $ 30,508.33 Travel and Per Diem Expenses Rate Subtotal 0 Round Trip Airline Fares $ - 5 Days Rental Vehicle $ 75.00 $ 399.98 10 Man Days Per Diem at $ 175.00 $ 1,691.55 Total $ 21091.53 $ 2,091.53 SBE Participation I SBE Total I SBE Percenta e JLRD 1 $ 4,400.001 13% Total $ 32,599.86 Page 1 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: September 29, 2014 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 PURCHASE AWARD/PVS TECHNOLOGIES,INC. BACKGROUND Request City Commission consider an award in a not to exceed amount of $310,000.00 annually with PVS Technologies, Inc. for the purchase and delivery of liquid Ferric Chloride for use at the Water Treatment Plant. Ferric Chloride is used in the treatment process by providing enhanced coagulation, turbidity control, and color elimination. On July 2, 2014, Palm Beach County, Florida, awarded a contract to PVS Technologies, Inc. for the purchase and delivery of liquid Ferric Chloride (solicitation#14-035R/SWC) at a unit price of$1.47 per gallon. This contract has an original one (1) year term, through July 1, 2015, with renewal options of four (4) additional twelve (12) month periods. PVS has agreed to extend the Palm Beach County contract terms to the City of Delray Beach. Staff estimates the annual cost of liquid ferric chloride at$310,000. PVS has provided the City of Delray Beach with a quality product and service in previous years. In addition, previous testing of several liquid ferric chloride solutions was completed by the Water Treatment Plant and the ferric chloride from PVS Technologies tested with fewer impurities in their mixtures. The method of acquisition for services under this award recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (C)(7),"Utilization of other governmental entities' contracts". A best pricing letter is attached. DISCUSSION The item before City Commission is to approve an award to PVS Technologies, Inc. for the purchase of Ferric Chloride for use at the Water Treatment Plant in production of finished water, utilizing an active contract with Palm Beach County, Florida (solicitation #14-035R/SWC), subject to annual renewals by Palm Beach County through July 1, 2019, and subject to future annual budget appropriations with an amount not to exceed$310,000 annually. TIMING OF THE REQUEST The approval of this item is of high importance, as ensuring a steady supply of chemical for 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). RECOMMENDATION By motion, approve an award in an amount not to exceed $310,000 annually to PVS Technologies, Inc. for the purchase of liquid Ferric Chloride for use at the Water Treatment Plant in production of finished water, utilizing an active contract with Palm Beach County, Florida (Solicitation #14- 035R/SWC) subject to annual renewals by Palm Beach County through July 1, 2019, and subject to future annual budget appropriations. Board of County Commissioners $�Xcif County Administrator O Priscilla A.Taylor, Mayor �` Robert Weisman Paulette Burdick,Vice Mayor Hal R.Valeche ° Shelley Vana 4. Steven L.Abrams 0]tY�4* Mary Lou Berger Jess R. Santamaria Purchasing Department www.pbcgov.org/purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID #14-035RIS'WC FERRIC CHLORIDE SOLUTION 37%-42%fl, PURCHASE AND DELIVERY, TERM CONTRACT (REBID) BID OPENING DATE: MAY 1, 2014 AT 2:08 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department(551) 616-6860. BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIGNED IN INK BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. CAUT10N As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our website at http:flwww.pbcgov.orgjpurchasing. It is the vendor's sole responsibility to routinely check this website for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from the above website or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (661) 616-6808 FAX: (551) 616-6811 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID Ferric Chloride Solution 37%-42%, Purchase and Delivery, BID NO: 14-035R/SWC BID TITLE: Terre Contract(Rebid) PURCHASING DEPARTMENT CONTACT: Sandy Cservenyak, Senior Buyer TELEPHONE NO.: 551-616-6814 FAX NO.: 551-242-6714 EMAIL ADDRESS: scser@pbcgov.org All bid responses must be received on or before: May 1, 2014 prior to 2:40 p.m., Palm Beach County local time, at which time all bids shall be publicly opened and read. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110,West Palm Beach, Florida 33415-3199. This invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms,conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract b. DISCRIMINATION PROHIBITED: Palm Beach County is committed between Palm Beach County and the successful bidder. Changes to this to assuring equal opportunity in the award of contracts and complies invitation for bid may be made only by written amendment issued by the with all laws prohibiting discrimination. The successful bidder warrants County Purchasing Department. Bidders are further advised to closely and represents that all or its employees are treated equatly during examine every section of this document, to ensure that all sequentially employment without regard to race,color,religion,disability,sex,age, numbered pages are present, and to ensure that it is fully understood. national origin, ancestry, marital status, familial status, sexual Questions or requests for explanations or interpretations of this document orientation,gender identity and expression or genetic information. must be submitted to the Purchasing Department contact in wriiing In sufficient time to permit a written response and,if required,will he provided c. INDEPENDENT CONTRACTOR RELAPONSHIP_: The successful to all prospective bidders, prior to bid opening. Oral explanations or bidder is, and shall be, in the performance of all work, services, and instructions given by any County agent are not binding and should not be activities under this Contract, an Independent Contractor and not an interpreted as altering any provision of this document. Bidder certifies that employee,agent,or servant of the COUNTY. All persons engaged in this bid is made without reliance on any Oral representations made by the any of the work or services performed pursuant to this Contract shall at County, all times, and in all places, be subject to the successful bidders sole direction, supervision, and control. The successful bidder shall The obligations of Palm Beach County under this award are subject to the exercise control over the means and manner in which it and its availability of funds lawfully appropriated for its purpose. employees perform [he work, and in all respects the successful bidder's relationship, and the relationship of its employees, to the 2. LEGAL,REQUIREMENTS COUNTY shall be that of an independent Contractor and riot as employees or agents of the COUNTY. a. COLAP IANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner d. CRIMINAL. HISTORY RECQR,DS CHECK ORDINANCE: Pursuant affect the items covered herein apply. Lack of knowledge by the to Palm Beach County Code Section 2-371 through 2-377, the Palm bidder shall in no way be a cause for relief from responsibility. The Beach County Criminal History Records Check Ordinance successful bidder shalt strictly comply with Federal, State and local f"Ordinance"), the County will conduct fingerprint based criminal building and safety codes. Equipment shall meet all State and Federal history record checks on all persons not employed by the County who Safety regulations. Bidder certifies that all products (materials, repair,deliver,or provide goads or services for,to,c on behalf of the equipment,processes,or other items supplied in response to this bid) County. A fingerprint based criminal history record check shall be contained in its bid meets all ANSI, NFPA and all other Federal and conducted on all employees of vendors, contractors, and State requirements. Bidder further certifies that, if it is the successful subcontractors of contractors, including repair persons and delivery bidder,and the product delivered is subsequently found to be deficient persons, who are unescorted when entering a facility determined to in any of the aforementioned requirements in effect on date of delivery, be either a critical facility ("Critical Facllities") or a criminal justice alt costs necessary to bring the product into compliance shall be borne information facility ("CJi Facilities"), which are critical to the public by the bidder, safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, In compliance with Chapter 442,Florida Statutes,any toxic substance as amended. In October 2013, compliance with the requirements of resulting from this bld shall be accompanied by a properly comple led the U. S. Federal Bureau of Investigations CJi Security Policy was Material Safety Data Sheet(MSDS). added to the Ordinance, which includes a broad list of disqualifying offenses.The bidder is solely responsible for understanding the The Uniform Commercial Code(Florida Statutes, Chapter 672) shall financial, schedule,and/or staffing implications of this prevail as the basis for contractual obligations between the successful Ordinance. Further, the. bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance Page 3 with this Ordinance,except for the applicable FDLE/FBI fees that skull be paid by the County. j. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall Indemnify, save harmlesss and e. PUBLIC ENTITY CRIME : F.S.287.133 requires Palm Beach County defend the County, its agents, servants, or employees from and to notify all bidders of the following:"A person or affiiIlate who has been against any and all claims, liability, losses and/or causes of action placed on the convicted vendor list following a conviction for a public which may arise from any negligent act or omission of the successful entity crime may not submit a bid on a contract with a public entity for bidder, its subcontractors, agents, servants or employees during the the construction or repair of a public building or public work,may not course of performing services or caused by the goods provided submit bids on leases of real property to a public entity, may not be pursuant to these bid documents andlor resultant contract. awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not k. PUBLIC RECORDS,ACCES AND A IT : Any material submitted transact business with any public entity in excess of the threshold in response to this solicitation is considered a public document in amount provided in F.S.287.017 for CATEGORY TWO for a period of accordance with Section 119.07,F.S. This includes material which the 35 months from the date of being placed on the convicted vendor list." responding bidder might consider to be confidential. All submitted information that the responding bidder believes to be confidential and SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS exempt from disclosure (Le_, a trade secret, etc)must be specifically GREATER THAN 1 MILLION). As provided in F.& 287.135, by identified as such. Upon receipt of a public records request for entering Into a Contract or performing any work in furtherance of this information the bidder has designated as a trade secret or as Invitation for Bid, the BIDDER certifies that it, its affiliates, suppliers, otherwise exempt from Section 118.07, F.S., a determination will be subcontractors and consultants who wilt perform hereunder, have not made whether the Identified information is,in fact,confidential. been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum The bidder shall maintain records related to all charges, expenses, Energy Sector List created pursuant to F.S.215.473. and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The If the County determines, using credible information available to the COUNTY shall have access to such records as required in this Section public, that a false certification has been submitted by BIDDER, the for the purpose of inspection or audit during normal business hours,at resulting Contract from this invitation for Bid may be terminated and a the bidders place of business. civil penalty equal to the greater of$2 million or twice the amount of this Contract shall be imposed,pursuant to F.S.287.135. Notwithstanding anything herein to the contrary, as provided under Section 119.0701, F.S.,where the bidder:(t)provides a service and f, NON-COLLUSION: Bidder certifies that it has entered into no (ii) acts on behalf of the COUNTY as provided under Section agreement to commit a fraudulent,deceitful,unlawful, or wrongful act, 119.011(2y F.S.,the bidder is required to: or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any 1) maintain public records that ordinarily and necessarily would be fraud or act of collusion in connection with any sale, bid, quotation, required by the COUNTY in order to perform the service; proposal or other act incident to doing business with Palm Beach 2) provide the public with access to public records on the same County may result in permanent debarment, terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided by Florida No premiums, rebates or gratuities are permitted; either with,prior to law; or after any delivery of material or provision of services. Any such 3) ensure that public records that are exempt or confidential and violation may result in award cancellation, return of materials, exempt from public records disclosure requirements are not discontinuation of services, and removal from the vendor bid list(s), disclosed except as authorized by law;and and/or debarment or suspension from doing business with Palm Beach 4) meet all requirements for retaining public records and transfer,at County. no cost, to the COUNTY all public records in possession of the contractor upon termination of the contract and destroy any g. LOBBYING: Bidders are advised that the "Palm Beach County duplicate public records that are exempt or confidential and Lobbyist Registration Ordinance' prohibits a bidder or anyone exempt from public records disclosure requirements. All records representing the bidder from communicating with any County stored electronically must be provided to the COUNTY in a format Commissioner, County Commissioner's staff, or any employee that is compatible with the information technology systems of the authorized to act on behalf of the Commission to award a particular COUNTY. contract regarding its bid,i.e.,a"Cone of Silence". Failure of the bidder to comply with these requirements shall be a The"Cone of Silence"is in effect from the dateltime of the deadline for material breach of this Contract. submission of the bid, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on I. INCORPORATION, PRECEDENCE, JURISDICTION-. This Invitation their behalf, awards or approves a contract, rejects all bids, or for Bid shall be included and incorporated in the final award.The order otherwise takes action which ends the solicitation process. of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract Bidders may, however, contact any County Commissioner, County order. Any and all legal action necessary to enforce the award or the Commissioner's staff, or any employee authorized to act on behalf of resultant contract shall be held in Palm Beach County and the the Commission to award a particular contract, via written contractual obligations shall be interpreted according to the laws of communication i.e.,facsimile,e-mail or U.S.mail. Florida. Violations of the"Cone of Silence"are punishable by a fine of$250.00 m. LEGAL EXPENSE=S: The County shall not be liable to a bidder for per violation. any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this contract,or from any other matter h. CONFLICT OF INTEREST: All bidders shall disclose with their bid the generated by or relating to this contract. name of any officer,director, or agent who is also an employee or a relative of an employee of Patm Beach County. Further, all bidders n. NO THIRD PARTY BENEFICIARIES: No provision of this Contract is shall disclose the name of any County employee or relative of a intended to,or shall be construed to,create any third party beneficiary County employee who owns, directly or indlrectly, an interest of ten or to provide any rights to any person or entity not a party to this percent or more in the bidder's firm or any of its branches. Contract, including but not limited to any citizen or employees of the County andlor successful bidder- ii. SUCCESSORS AND ASSIGNS: The County and the successful bidder each binds itself and its successors and assigns to the other 3. BID SUBMISSION party in respect to all provisions of this Contract. Neither the County nor the successful bidder shall assign, sublet, convey or transfer its a. SUBMISSION OF RESPONSES= All bid responses must be interest in this Contract without the prior wri tten consent of the other. submitted on the provided Invitation for Bid "Response" Form. Page 4 Bid responses on vendor letterhead/quotation forms shall not be b. In evaluating bids in excess of one million dollars ($1,000,000), accepted. Responses must be typewritten or written in ink, and where the low bidder is non-responsive to the SBE requirement, must be signed in ink by an agent of the company having authority to the contract shal€be awarded to the low bidder responsive It the bind the company or firm. FAILURE TO SIGN THE SID RESPONSE SBE requirements provided that such bid does not exceed the FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR lowest responsive bid by more than one hundred thousand REJECTION OF THE BID. Bid responses are to be submitted to€tie dollars ($100,000) plus three percent (3%) of the total bid in Palm Beach County Purchasing Department no later than the time Excess of one million dollars (51,000,000). In the event there indicated on the solicitation preamble, and must be submitted in a are no bidders responsive to the SBE goal,the contract shall be sealed envelope or container bearing the bid number for proper awarded to the bidder with the greatest SBE participation in handling. excess of seven percent(7%) participation, provided that such bid[foes not exceed the lowest responsive bid by more than one b. CERTIFICATIONS, LICENSES AND PER Untess otherwise hundred thousand dollars($100,006)plus three percent(3%)of directed in sub-paragraph d. (Local Preference) or the Special the total bid in excess of one million dollars($1,000,000). Conditions of this bid, bidder should include with its bid a copy of all applicable Certificates of Competency issued by the State of Florida or Item 4.Bid Submission Documentation the Palm Beach County Construction Industry Licensing Board in the SBE bidders, bidding as prime contractors, are advised that they must name of the bidder shown on the bid response page. It shall also be complete Schedule 1 and Schedule 2, fisting the work to be performed by the responsibility of the successful bidder to maintain a current Local their own workforce, as well as the work to be performed by any SBE Business Tax Receipt(Occupational License)for Palm Beach County subcontractor.Failure to include this information on Schedule 1 will result in and all permits required to complete this contractual service at no the participation by the SBE prime bidders own workforce NOT being additional cost to Palm Beach County. A Palm Beach County Local counted towards meeting the SBE goal. This requirement applies even if Business Tax Receipt (Occupational License) is required unless the SSE contractor intends to perform 100% of the work with their awn specifically exempted by law. In lieu of a Palm Beach County Local workforce. Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt(Occupational License) Bidders are required to submit with their bid the appropriate SBE-MANBE issued to the bidder in the response. It is the responsibility of the schedules in order to be deemed responsive to the SBE requirements. successful bidder to ensure that all required certifications,licenses and SBE-MfVVBE documentation to be submitted is as follows: permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default Schedule 1-List of Prono ed SBE and M/WBE ParticinatiQ of contract. This list shalt contain the names of the SBE Prime SBE and subcontractors intended to be used in performance of the contract, if awarded. This c. SPEMIDDOCUMENTLANGUAGE schedule shall also be used if an SBE prime bidder is utilizing ANY subcontractors. Item 1-Policy (Only Job Order Contracting IJOCI contracts and Task Authgrkatb .A It is the policy of the Board of County Commissioners of Palm Beach for an nuof contra c rn ay be exr,lu ded f rcLm this re a ui rem ent.) County. Florida,that SSE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods,services Schedul s] 2 - Letterfsl of Intent to Perform as an SBE or [VIMfBE and construction to the County. To that end, the Board of County subcontractor Commissioners adopted a Small Business Ordinance which is codified A Schedule 2 shall be completed by the SBE Prime. A Schedule 2 shall be in Sections 2-8£1.21 through 2-80.34(as amended)of the Palm Beach completed and signed by the proposed SBE subcontractor listed on County Cade,which sets forth the County's requirements for the SSE Schedule 1, SBE Primes and SBE Subcontractors shall specify the type of program, and is incorporated in this solicitation. Compliance with the work to be performed, the cost and/or percentage. If the SBE intends to requirements contained in this section shall result in a bidder being subcontract any portion of the Job to another certified SBE, or non-SBE, deemed responsive to SBE requirements. The provisions of this they are required to list the amount and the name of the subcontractor on Ordinance are applicable to this solicitation, and shall have this form. The Prime may count toward its SSE goat second and third tiered precedence over the provisions of this solicitation in the event of a SBE subcontractors;provided that the Prime submits a completed Schedule conflict. 2 form for each SBE subcontractor. Additional sheets may be used as needed. In lieu of a Schedule 2, a detailed responsive proposal may be Although preferences will not be extended to certified MNVBEs,unless acceptable. otherwise provided by law, businesses eligible for certification as an MANSE are encouraged to maintain their certification in order to assist Item 5-SBE Certification in the tracking of MNV13E availability and awards of contracts to Only those firms certified by Palm Beach County at the time of bid opening MNVBEs. This information is vital to determining whether race and shall be counted toward the established SBE goals. Upon receipt of a gender neutral programs assist MANBE firms or whether race and complete application,IT TAKES UP TO NINETY(90)DAYS TO BECOME gender preferences are necessary in order to address any continued CERTIFIED AS AN SSE WITH PALM BEACH COUNTY. It is the discrimination in the market. responsibility of the bidder to confirm the certification of any proposed SBE; therefore,it is recommended that bidders visit the on-line Vendor Directory Item 2-SBE Goals at www.pbcgov.orglosba to verify SBE certification. The County has established a minimum goal of 15%SBE participation for all County solicitations, inclusive of all alternates and change Item 6 - Counting SBE P rticl ati n (and MMgE Participation far orders. This goat is a minimum,and no rounding will be accepted. Tracking Puraosesl Ile Ranking of Re§2onsive Bidders a. Once a firm is determined to he an eligible SBE according to the Bidders who meet the SBE goal will he deemed to be responsive to Palm Beach County certification procedures, time County or time the SBE requirement. Prime may count toward its SBE goals only that portion of the total dollar value of a contract performed by the SBE. Prior to a_ In evaluating competitive bids or quotes between $1,000 and issue, total dollar value of a contract wilf be determined by the one million dollars ($1,000,000) where the law bidder is non- PBC user department by defining factors to be considered as responsive to the SBE requirement, the contract shall be value. Total dollar value of retail contracts shall be determined by awarded to the low bidder responsive to the SSE requirement as Gross Receipts. long as the hid does not exceed the low bid amount by 10%. In the event there are no bidders responsive to the SBE b. The County may count toward its SBE goals the total value of a requirement,the contract shall be awarded to the bidder with the contract awarded to an eligible SBE firm that subsequently is greatest SBE participation in excess of seven percent (7%) decertified or whose certification has expired after a contract participation, as long as the bid does not exceed the low bid award date or during the performance of the contract. amaunt by ten percent(10%), c. The County or Prune may count toward its SSE goal a portion of the total dollar value of a contract with a joint venture, eligible Page 5 under the standards for certification,equal to the percentage of the ownership and control of the SBE partner in the joint venture. 1. Glades Local Preference, Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Glades Local Preference is d. The County or Prime may count toward its SBE goal the entire given when a Glades business offers to provide the goads or expenditures for materials and equipment purchased by an SBE services that will be procured for use in the Glades. If the lowest subcontractor, provided that the SBE subcontractor has the responsive, responsible bidder is a non-Glades business,all bids responsibility for the installation of the purchased materials and received from responsive,responsible Glades businesses will be equipment. decreased by 5%. The original bid amount is not changed. The 5%decrease given for the Glades Local Preference is calculated e. The County or Prime may count the entire expenditure to an SBE only for the purpose of determining local preference_ manufacturer(i.e.,a supplier)distributor that produces goods from raw materials or substantially alters the goods before resale). 2. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance,a 5%Local Preference is given to bidders f. The County or Prime may count sixty percent (60x) of its having a permanent place of business in Palm Beach County. It expenditure to SBE suppliers/distributors that are not the lowest responsive,responsible bidder is a non-local business, manufacturers. ali bids received from responsive, responsible focal businesses will be decreased by 5%_ The original bid amount is not changed. g. The County or Prime may count toward its SBE goal second and The 5% decrease given for the Local Preference is calculated third tiered SBE subcontractors; provided that the Prime submits only for the purpose of deterrnining to cat preference. a completed Schedule 2 form for each SBE subcontractor. 3. To receive a Glades Local Preference or a Local Preference h. The County or Prime may only count toward its SBE goal the (collectively referred to as"local preference"),a bidder must have goods and services in which the SBE is certified and performs a permanent place of business in existence prior to the County's with its own forces. issuance of this Notice of Solicitation/invitation for Bid. A permanent place of business means that the bidder's lt.Qm 7-Res on ih 11 itles After C o ntra 0 ward headquarters is located in Palm Beach County or in the Glades, as applicable; or,the bidder has a permanent office or other site Schedule 3—SBE-MiWBE Activity Form in Palm Beach County or in the Glades,as applicable,where the This form shall be submitted by the prime contractor with each bidder will produce a substantial portion of the goads or services payment application when SBE subcontractors are utilized in the to be purchased. A valid Business Tax Receipt issued by the performance of the contract. This form shall contaln the names of all Palm Beach County Tax Collector is required,unless the bidder is SBE subcontractors,specify the subcontracted dollar amount for each exempt from the business tax receipt requirement by law,and will subcontractor and show amount drawn and payments to date issued be used to verify that the bidder had a permanent place of to subcontractors. This form is intended to he utilized on all non- business prior to the issuance of this Notice of professional services contracts. Solicitationllnvitation for Bid. In addition, the attached "Certification of Business Location" and Business Tax Receipt $cheduto 4--5 IS E-MIW E Payment Certific gti on must accompany the bid at the Time of bid submission. The Palm A Schedule 4 for each SBE sub shall be completed and signed by the Beach County Business Tax Receipt and this Certification are the proposed SBE after receipt of payment from the Prime. If a SBE sole determinant of local preference eligibility. Errors in the subcontractor intends to disburse any funds associated with this completion of this Certification or failure to submit this completed payment to any subcontractor for labor provided on this contract, the Certification will cause the bidderlproposer to not receive a focal amount and name of the subcontractor must be listed on this form. In preference. addition, if the named subcontractor is a certified SSE, then a Schedule 4 shall be completed and signed by the named SBE after e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with receipt of payment from the SBE subcontractor. When applicable,the Florida Statute(Section 287.087)attached form"Drug-Free Workplace Prime shall submit this farm with each application submitted to the Certification"should be fully executed and submitted with bid response County for payment to document payment issued to a sub in the in order to be considered for a preference whenever two (2)or more performance of the contract. bids which are equal with respect to price, quality, and service are received by Palm Beach County. All bidders hereby assure that they will meet the SBE participation percentages submitted in their respective bids with the subcontractors f. CONDITIONED OFFERS. Bidders are cautioned that any condition, contained on Schedules 1 and 2 and at the dollar values specified. qualification, provision, or comment in their bid, or in other Bidders agree to provide any additional information requested by the correspondence transmitted with their bid,which in any way modifies, County to substantiate participation. takes exception to. or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this The successful bidder shall submit an SBE-MNVBE Activity Form solicitation, is sufficient cause for the rejection of their bid as non- (Schedule 3)and SBE-MANSE Payment Certification Forms(Schedule responsive. 4)with each payment application. Failure to provide these forms may result in a delay in processing payment or disapproval of the invoice g. PRICING: until they are submitted. The SBE-MNVBE Activity Form is to be filled out by the Prime Contractor and the SBE-M1WBE Payment (1) Prices offered roust be the price for new merchandise and Certification Forms are to be executed by the SBE or MANSE firm to free from defect. Unless specifically requested in the bid verify receipt of payment. specifications, any bids containing modifying or escalation clauses shall be rejected. item 8-SUE Substitutions (2) The price offered must be in accordance with the unit of After contract award, the successful bidder will only be permitted to measure provided on the bid response page(s). One (1) replace a certified SBE subcontractor who is unwilling or unable to space or line requires only one (1) single, fixed unit price. perform. Such substitution must be done with other certified SSE's in Anything other than a single, fixed unit price shall result in order to maintain the SBE percentages submitted with the bid. the rejection of your bid. Requests for substitutions must be submitted to the user Department (3) All unit prices bid should be within two(2)decimal points. If and OSBA. bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly, d. LOCAL PREFERENCE ORDINANCE: In accordance with the Palm (4) Bidder warrants by virtue of bidding that prices shall remain Beach County Local Preference Ordinance,a preference will be given firm for a period of ninety (90) days from the date of bid to (1) bidders having a permanent plane of business in Palm Beach opening to allow for evaluation and award. County; (2) bidders having a permanent place of business in the (5) Bidder warrants by virtue of bidding that prices shall remain Glades that are able to provide the goods or services within the firm for the initial and any subsequent term unless modified Glades by a special condition. Page 6 (6) In the event of mathematical error(s), the unit price shall emergency shall constitute breach of contract and make the bidder prevail and the bidder's total offer shall be corrected subject to sanctions from doing further business with the County. accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE m. SALES PROMOTIONS 1 PRICE REDUCTIONS: Should sales BIDDER PRIOR TO BID OPENING. IF THE CORRECTION promotions occur during the term of the contract that lower the price of IS NOT PROPERLY INITIALED, OR IF THE INTENT OR the procured item,the successful bidder shall extend to the County the LEGIBILITY OF THE CORRECTION IS NOT CLEAR,THE lower price offered by the manufacturer on any such promotional item. BID SHALL BE REJECTED. Further,any price decreases effectuated during the contract period by (7) Bidders may offer a cash discount for prompt payment. reason of market change or otherwise, shall be passed on to Palm However, such discounts shall not be considered in Beach County. Additionally, anytime after award, the successful determining the lowest net cost for bid evaluation purposes bidder may offer a reduced price which shall remain in effect for the unless otherwise specified in the special conditions. Bidders duration of the contract. should reflect any discounts to he considered in the unit prices bid. 4. BID OPENINGiAWARD OF BID h. SUBMI]jING NO BID or NO CHAR - Bidders not wishing to bid on a. OBSERVING THE PUBLIS14ED BID QPE(VING TIME: The some items sought by this solicitation should mark those items as"no published bid opening time shalt he scrupulously observed. It is bid." if some items are to be offered at no charge, bidders should the sole responsibility of the bidder to ensure that their bid arrives in mark those items as"no charge." Items left blank shall be considered the Purchasing Department prior to the published bid opening time. a "no bid" for that Item, and the bid shall be evaluated accordingly. Any bid delivered after the precise time of bid opening shall not be Bidders who do not wish to submit bids on any item in this solicitation, considered, and shall be returned to the bidder unopened if bidder should return a "Statement of No Bid"in an envelope plainly marked identification is possible without opening. Sid responses by telephone. with the bid number and marked"NO BID." electronics, or facsimile shall riot be accepted. Bidders shall not be allowed to modify their bids after the published bid opening time. I. ACCEP ANC REJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or alt bids. Palm Beach County also b. POSTING OF AWARD RECOMMENDATIC N: Recommended reserves the right to (1) waive any non-substantive irregularities and awards shall be publicly posted for review, at the Purchasing technicalities;(2)reject the bid of any bidder who has previously failed Department and on the Purchasing Department website at in the proper performance of a contract of a similar nature, who has www. &ov.com/purchas.ing prior to final approval,and shall remain been suspended or debarred by another governmental entity, or who posted for a period of five (5) business days. The official posting on is not in a position to perform properly under this award; and (3) the Purchasing Department website shall prevail if a discrepancy Inspect all facilities of bidders in order to make a determination as to its exists between the referenced listings. ability to perform. C. PROTEST PR GE❑ RE: Protest procedures are provided in the Palm Beach County reserves the right to reject any offer or bid if the Palm Beach County Purchasing Code. Protests must be submitted in prices for any line items or subline items are materially unbalanced. writing, addressed.to the Director of Purchasing, via hand delivery, An offer is materially unbalanced if it is mathematically unbalanced, mall or fax to 5611242-6705. Protest must identify the solicitation, and if there is reason to believe that the offer would not result in the specify the basis for the protest, and be received by the Purchasing lowest overall cost to the County, even though it is the lowest Department within five (5) business days of the posting date of the evaluated offer. An offer is mathematically unbalanced if it is based on recommended award. The protest is considered filed when it is prices which are significantly less than fair market price for some bid received by the Purchasing Department. Failure to file protest as line item and significantly greater than fair market price for other bid outlined in the Palm Beach County Purchasing Code shall constitute a line items. Fair market price shall be determined based on industry waiver of proceedings under the referenced County Code. standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items 5. CONTRACT ADMINISTRATION may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing a. DELIVERY AHD ACCEPTANCE: Deliveries of all items shall be by the Purchasing Director,citing the basis for the determination. made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the j. NON-EXC IASIVE: The County reserves the right to acquire.some or essence and delivery dates must be met. Should the successful all of these goods and services through a State of Florida contract bidder fail to deliver on or before the stated dates,the County reserves under the provisions of Section 287.042,Florida Statutes,provided the the right to CANCEL the order or contract and make the purchase State of Florida contract offers a lower price for the same goods and elsewhere. The successful bidder shall be responsible for making any services. This reservation applies bath to the initial award of this and all claims against carriers for missing or damaged items. solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other Delivered items shall not be considered"accepted"until an authorized contracts for goods and services falling within the scope of this agent for Palm Beach County has,by inspection or test of such items, solicitation and resultant contract when the specifications differ from determined that they appear to fully comply with specifications. The this so[icitatlon or resultant contract, or for goods and services Board of County Commissioners may return, at the expense of the specified in this solicitation when the scope substantially differs from successful bidder and for full credit, any item(s)received which fail to this solicitation or resultant contract. meet the County's specifications or performance standards. k. OFFER FX1gNQED TO OTHER COVE NMEN A ENTITI S: Palm b. FEDERAL AND STATE TAX: Palm Beach County is exempt from Beach County encourages and agrees to the successful bidder Federal and State taxes. The authorized agent for Purchasing shall extending the pricing, terms and conditions of this solicitation or provide an exemption certificate to the successful bidder, upon resultant contract to other governmental entities at the discretion of the request. Successful bidders are not exempted from paying sales tax successful bidder. to their suppliers for materials to fulfill contractual obligations with the County,nor are successful bidders authorized to use the County's Tax 1. RFORMANCE D RING EM RGE CY: By submitting a bid, Exemption Number in securing such materials. bidder agrees and promises that,during and after a public emergency, disaster,hurricane,flood,or acts of God,Palm Beach County shall be c. PAYMENT: Payment shall be made by the County after given 'first priority" for all goods and services under this contract. commodities/services have been received, accepted and properly Bidder agrees to provide all goods and services to Palm Beach County invoiced as indicated in the contract andlor order. Invoices must bear during and after the emergency at the terms,conditions,and prices as the order number. The Florida Prompt Payment Act is applicable to provided in this solicitation on a "first priority' basis. Bidder shall this solicitation. furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority during and after an d. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes Page 7 to the contract terms. Minor changes are defined as modifications which do not significantiy alter the scope, nature, or price of the specified goods or services. 'typical minor changes include, but are not limited to,place of delivery,method of shipment,minor revisions to customized work specifications, and administration of the contract. The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board of County Commissioners. e. DEF : The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non- performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Dlrector of Purchasing specifying such failure. In the event the County terminates this contract in whole or in part because of default of the successful bidder, the County may procure goods and/or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of,or without the fault or negligence of,the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f,"Termination for Convenience." L TERMINATION FOR CONVEN. NCf=: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior mitten notice of terminatlon to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. if only portions of the contract are terminated,the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work,and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and/or subcontracts related to the terminated work. S. PLLM BEACH C0tjNTY RF tCE OFT E IN P CTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2-421 — 2-444, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority includes,but is not limited to, the power to audit,investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 -- 2-440, and punished pursuant to Section 125.59, Florida Statutes, in the same.manner as a second degree misdemeanor. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. THIS IS THE END OF"GENERAL CONDITIONS," Page 8 SPECIAL CONDITIONS 8. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 9. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shalt not satisfy this provision. A. List a minimum of three 3 references in which similar goods and/or services have been provided within the past three 3 years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. 10. AWARD (ALL-OR-NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis. Therefore, it is necessary for a bidder to bid on every item in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications the entire bid will be considered non-responsive. Additionally, if a bidder enters a No Bid, or N/A for any item,they will be considered non-responsive. 11. METHOD OF ORDERING TERM CONTRACT A contract shall be issued for a term of twelve (12_)months or until the estimated amount is expended, at the discretion of the County.The County will order on an"as needed"basis. 12. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses snowing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 13. DELIVERY Delivery shall be required within five 5 calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. 14. ADDITIONIDELETION OF LOCATIONS Palm Beach County reserves the right to add or delete delivery locations during the term of the contract at its sole discretion. The price for additional locations will be based on the unit price per gallon. Page 9 15. SAMPLES UPON REQUEST) Bidders shall provide, without cost to the County, samples of requested items. Samples may be used in addition to documentation provided by a bidder to show compliance to technical specifications. Upon request, the County will return undestroyed samples to the unsuccessful bidders, at the bidder's expense. Each individual sample must be labeled with bidder's name, manufacturer's brand name and number, bid number and IFB item reference. Requests for return of samples must be received with the sample and shall include return instructions with shipping authorization and name of carrier. If these instructions are not received,the commodities shall be disposed of by Palm Beach County at its discretion. 16. AS SPECIFIED A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 17. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page. 18. RENEWAL OPTIOAI The successful bidder shall be awarded a contract for twelve (1-2) months with the option to renew for four 4 additional twelve I12] month periods). The option for renewal shall only be exercised upon mutual written agreement and with alI original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if a vendor is suspended by the Purchasing Department prior to the commencement of the renewal period. 19. INFORMATION AND DESCRIPTIVE LITERATURE Bidder shall enter the manufacturer and manufacturer part number on the bid response page, if applicable. if a bidder enters "as specified", "same as above", or any wording other than the manufacturer and model number, and does not fill in the manufacturer offered and model number offered for any item,the bid shall be rejected. Additionally, the bidder shall submit with their bid response, manufacturer cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide sufficient detail to verify compliance to bid specifications. The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in the rejection of the bid. Reference to literature submitted with a previous bid or literature which has been created by any entity other than the manufacturer will not satisfy this provision. The County reserves the sole right to determine acceptance of offered item(s). Note: At the sole discretion of Palm Beach County, samples may be requested, after bid submittal, to complete and/or verify compliance to bid specifications. 20. WORK SITE SAFETYISECURITY The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County,the bidder's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. Page 10 21. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, Attention Buyer, 50 South Military Trail, Suite 110, West Palm Beach, Florida 33415. Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to CertFocus at www.cert(a7certfocus.com or fax (877) 237-8560, which is Palm Beach County's insurance management system,prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Farm Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Business Auto Liability with Pollution Liability Endorsements. Successful Bidder shall agree to maintain Business Automobile Liability, including the MCS-90 Motor Carrier Act Endorsement and/or CA 99 48 Pollution Liability—Broadened Coverage for Covered Autos—Business Auto, Motor Carrier and Truckers Coverage Forms Endorsement, at a minimum limit not less than $1,000,000 per occurrence providing coverage for damages against such third-party liability, remediation and defense costs. In the event the policy includes a self-insured retention or deductible in excess of $100,000, the County reserves the right, but not the obligation, to review and request a copy of the successful bidder's most recent annual report or audited financial statements. The policy shall be endorsed to include "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents as additional Insured." Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificates) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure.to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. Page 11 SPECIFICATIONS BID#14-035R/SWC FERRIC CHLORIDE SOLUTION 37%-42%, PURCHASE AND DELIVERY, TERM CONTRACT (REBID) PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm,fixed pricing, and establish a term contract for the purchase and delivery of Ferric Chloride Solution for various Palm Beach County Water Utilities Treatment Plants. GENERAL Ferric Chloride Solution shalt be used as a flocculent aid to reduce settled water turbidity. TECHNICAL REQUIREMENTS Products: Products offered shall be NSF standard compliant. ITEM#1: 37%-42% Ferric Chloride Solution Products listed below shall be in accordance with AWWA B407-05 standards,or latest edition. ■ Ferric Chloride solution shall be 37%42% by weight • Free Acid as HCL°Io weight • Insoluble%by weight under 8 PPM PAYMENT Unit price offered per gallon shall include all delivery and unloading charges. CURRENT DELIVERY LOCATION Water Treatment Plant, System#8 1500 Jog Road West Palm Beach, FL 33415 Tim McAleer(561)493-5181 Deliveries shall be between 7:00 a.m. & 5:00 p.m. weekda s and . Pursuant to PPM# WUD-P-818, the Palm Beach County Water Utilities Department (PBCWUD) has a no gift policy covering all PBCWUD employees. Please do not send or supply any gifts of any type to any PBCWUD employee regardless of value. Page 12 BID RESPONSE BID#14-035RISWC FERRIC CHLORIDE SOLUTION 37%-42%, PURCHASE AND DELIVERY, TERM CONTRACT (REBID) ITEM DESCRIPTION UNIT" EST. UNIT TOTAL OFFER NO. QUANTITY PRICE 37%-42% FERRIC CHLORIDE SOLUTION 1. AS SPECIFIED HEREIN. GALLON 230,800 $ $ MFR. OFFERED: All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to Is Qualification of Bidders information included, per Term and Condition#9? YES/INITIAL Is Information and Descriptive Literature included, per Term &Condition 919? YES/INITIAL Does bidder clearly understand the Insurance requirement, per Term and Condition#21? YESIINITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO S❑ SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition#7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME*(Enter the entire legal name of the bidding entity) DATE: PRINT NAME: PRINT TITLE: SIGNATURE: ADDRESS: CITY I STATE: ZIP CODE: TELEPHONE# { } E-MAIL: TOLL_FREE # ( } FAX#: ( } APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# Page '13 QUALIFICATIONS OF BIDDERS REFERENCES FOR SOLICITATION #14-035R/SWC (REBID) List references in accordance with qualifications of bidder,when applicable. CUSTOMER NAME: (PLEASE PRINT OR TYPE) ADDRESS: (PLEASE PRINT OR TYPE} PHONE NUMBER:{ ) FAX NUMBER: ( 1 - E-MAIL: CONTACT NAME: (PLEASE PR]NT OR TYPE] SCOPE OF WORK: (PLEASE PAINT OR TYPE) START DATE- END DATE: CUSTOMER NAME: I PLEASE PRINT OR TYPE) ADDRESS: (PLEASE PRI NT OR TYPq PHONE NUMBER:{ } _ FAX NUMBER: [ ] E-MAIL: CONTACT NAME: (PLEASE PRINT OR TYPE) SCOPE OF WORK: (PLEASE PRINT OR TYPE( START DATE: END DATE: CUSTOMER NAME: (PLEASE PR:KT OR TYPE) ADDRESS: (PLEASE PRINT OR TYPE) PHONE NUMBER:{ ] FAX NUMBER: [ ] E-MAIL: CONTACT NAME: (PLEASE PRINT OR TYPE) SCOPE OF WORK: iPLEASE PRINT OR TYPE] START DATE: END GATE: Page 14 STATEMENT OF NO BID BID#14-035R1SWC FERRIC CHLORIDE SOLUTION 37%fl-42%a, PURCHASE AND DELIVERY, TERM CONTRACT (REBID) If you are not bidding on this service/commodity, please complete and return this form to: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110,West Palm Beach, FL 33415-3199. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid due to the following reason(s): Specifications too"tight", i.e., geared toward brand or manufacturer only{expiain.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 Specifications unclear(explain below) Other(specify below) REMARKS: Page 15 CERTIFICATION OF BUSINESS LOCATION BID # 14-03SR/SWC (REBID) In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference will be given to: (1) bidderslquoters having a permanent place of business in Palm Beach County CCounty); (2) bidderslquoters having a permanent place of business in the Glades that are able to provide the goods, services or construction to be utilized or built within the Glades; and (3) bidderslquoters having a permanent place of business in the County (non-Glades business) who utilize Glades subcontractors for construction projects in the Glades. To receive a local preference, bidderslquoters must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidderlquoter to provide the goods/services being solicited by the County, and will be used to verify that the bidderlquoter had a permanent place of business prior to the issuance of the solicitation. The bidderlquoter must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidderlquoter to not receive a local preference. In instances where the bidderlquoter is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidderlquoter must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidderlquoter had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidderslquoters for additional information related to this requirement after the bid/quote due date. 1. BidderlQuoter is a: Local Business: A local business has a permanent place of lousiness in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. 11. The attached copy of bidder'slquoter's County Business Tax Receipt verifies bidder'slquoter's permanent place of business. THIS CERTIFICATION is submitted by as (Name of Individual) Of (Title/Position) (Firm Name of BidderlQuoter) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidderlquoter on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidderlquoter. (Signature) (Date) Page 16 DRUG-FREE WORKPLACE CERTIFICATION BID#14-03SRISWC (REBID) IDENTICAL TIE BIDSIPROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/proposals the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however,that any preference given pursuant to Section 287.087,shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article Ill,Sections 2-80.21 thru 2-80.34. In the event tie bids are received from vendors who have not submitted with their bidslproposals a completed Drug-Free Workplace Certification form,the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug-Free Workplace Certification form must be executed and returned with the attached bidlproposal, and received on or before time of bid opening to be considered. The failure to execute andlor return this certification shall not cause any bid/proposal to be deemed non-responsive. Whenever two(2) or more bids/proposals which are equal with respect to price,quality,and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. 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 number(1). (4) In the statement specified in number (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 polo contenders to, any violation of Chapter 893, Florida Statutes, 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. (S) Make a goad faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (individual's Name) of (Title/Position with CompanyNendor) (Name of CompanyfVendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes,which are identified in numbers(1)through(8)above. Signature Date m W�w R rn m Q�Q c m mV7 m a a Z IL�u D!q z ;7- i y� LU x L u 1:F- y Co n w ZF^} w c u Q x 0�' o g eC v sc 113~w U F o ❑ gW W ut a h m 0 X °a' ° sa F ¢ a-0w eel t7 r J Fes-im L a o cm Q n �❑❑ 0 m 0 dh--;t G k h• F- U o C7 p ) n z z ¢❑Q ra x ❑ W O.L) F- ea e 0 g ppdZ eyu ryM� nn u1 LL W vI F- .... ,� •V ❑ M,U" G7 i ❑ N 1u Lt ❑ a Jd LL ld r W it a W a ❑ W 1-11 0. ❑ w t W CL =0 Ir IL 3 x Q � w � ° � bus �� W O w.Qa w U o a c ..j pup i U .a ❑ t ❑ r Ll I to m a y� a0 v, F- F a< w V ;y W r c a ne x x c o U wo❑�' Y �E'FM 0 ° a a�c¢ m U v U. IL JU h u ° zvF'�- o W C]❑<Z h Hh�O Z c� u O v t7 QM.QF. z z LML,Wo z a1 C C C C W 01 a �Z�-U) ❑ to ❑ F "F^ tl1 AC m a •• ea ri r%i Q Z�J w W � p Wp❑� h a a a w ° °(a R Z a. M a�-!Lt] KX z C)-7 ❑ t Q ru to w 4 p C] z D-1, ni ri ui - a a Page 18 OSBA SCHEDULE 2 LETTER OF INTENT TO PERFORM AS AN SBE-M/WBE SUBCONTRACTOR This document must be completed by the SBE-M/WBE Subcontractor and submitted with bid packet. Specify in detail, the particular work items to be performed and the dollar amount and/or percentage for each work item. SBE credit will only be given for items which the SBE-MIWBE Subcontractor are SBE certified to perform-Failure to properly complete Schedule 2 may result in your SBE participation not being counted. PROJECT NUMBER: PROJECT NAME: TO: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a-(check one or more, as applicable): Small Business Enterprise Minority Business Enterprise Black Hispanic Women Caucasian Other(please Specify) Date of Palm Beach County Certification: The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Line Iteml Total Price/ Lot No. Item Description Qty/Units Unit Price Percentage at the following price or percentage (Subcontractor's quote) and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to subcontract any portion of this job to a certified SBE or a non-SBE subcontractor,please list the name of the subcontractor and the amount below, Price or Percentage / (Name of Subcontractor) The Prime affirms that it will monitor the SBE's listed to ensure the SBE's perform the worts with its own forces. The undersigned subcontractor affirms that it has the resources necessary to perform the work listed without subcontracting to non-certified SBE or any Other certified SBE subcontractors except as noted above. The undersigned subcontractor understands that the provision of this form to Prime Bidder does not prevent Subcontractor from providing quotations to other bidders. (Print name of SBE-MIWBE Subcontractor) By: (Signature) (Print nameltitle of person executing on behalf of SBEIMANBE Subcontractor Revised 1©11112019 Date: 4, 0 0 r ❑ m a1 M O IL .C] �, 0 0 ,a,,, R- ' L Q C Q 0 4s � s� fl t4 �1 Q .0 c E ❑ -0 IC ,° of c(D D p❑' Q- _� C7 C y O lC4 f 7 Q Cq 0.4) _ (D V M •Q � � •O w G,1 c e� ❑.W A v v m 7 0 0 Dmm wr v ° U 0 QQ. ° is c ❑ ut w yw00M m Y m w � £ v m Q w _ t� V1 C c m ro c N Cf7 0 m N Ll C Z5•E v Q Q7 Go CL Q � 0 uiE0 .o m C U. M.C 01 J U � � f� as °� U .0 tlI m 4f p7 U ° 41mfl0 ?' ¢inn m m w LU .a m � ' Q XU 0 -❑ v iit a c E m 0 toy) [C a p CO U m d 0 rt tb cn= V 0 E f j W U> ❑ ice? � p N 0 0 j G C o o LU A CL E v sn sn Q � w•� M �° c � 3w0 — G z w ¢� 0 E : j U cUJ E E N 7. f❑A (� ❑ r�L+ d�� o � U E� C N 07 U) h m :57 a E 0 2,0 M G] x0)MO z t E � w 0 0 w Mew i m q% ai N o w 'U o �rn S 0 Q = .0 CL°c� to ¢00` � E-0 LL D a M y m �, m 0 -a E �v Z pp w z m 0 E 5 U a rU)M C)3¢ w E E m u6 o O w 0 0 cw4-A � mgr D Page 20 OSHA SCHEDULE 4 - SBE-M/WBE PAYMENT CERTIFICATION The Prime Contractor is to submit Schedule 4 with its Monthly Payment Request to Palm Beach County to reflect actual payments made to the SEE-M/WBE Subcontractor. The Prime Contractor is not to request signature from an SBE-M/WBE Subcontractor unless it has made a payment to the SBE-M/WBE Subcontractor. The SBE-M/WBE Subcontractor is not to complete and sign this form unless it has received a payment from the Prime Contractor for services actually performed by the SBE-M/WBE Subcontractor. A separate Schedule 4 is required for each SHE-M/WBE Subcontractor payment. This is to certify that received (SBE or M/WBE Subcontractor Name) (Monthly) or (Final) payment of $ On from Mu DD yyyy (Prime Contractor Name) For labor and/or materials used on (Project Name) (Work Order) DEPT.: PROJECT NO.: PRIME CONTRACTOR VENDOR CODE: SBE OR M/WSE SUBCONTRACTOR VENDOR CODE- If the SBE Subcontractor^intends utoVdisburse any funds associated with this payment to any Subcontractor for labor and/or material provided on this project, please provide the following information: *Subcontractor Name: Amount to be paid: *Note: If the subcoatractor listed in this section is an SBE or M/WBE a separate schedule 4 is required to verify payment. By: (Signature of Subcontractor) {Print Name & Title of Person executing on behalf of Subcontractor) STATE OF FLORIDA COUNTY OF Sworn to and subscribers before me this day of 20 By: Notary Public, State of Florida Print. Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification 'Type of Identification Rev. 5 Last updated: 11/18/11 AM P�!Ar71�A5f1R7IDC �s�ES Mr. John Bullard City of Delray Beach Via Email 10/02/2014 Dear John, I am pleased to offer the following pricing on PVS Technologies Liquid Ferric Chloride. PVS Technologies would like to extend the same terms to Delray Beach that we offered Palm Beach County in the recently settled bid contract#14-035R/SWC. The pricing represented here is equal to or lower than the current pricing between PVS and any other governmental entity in the State of Florida. When you sign this document, PVS Technologies will extend Delray Beach the following pricing below from the signature date forward. Please see the details below and sign and return the document if you are in agreement. Product: Ferric Chloride 37% - 42% Price: New agreement date through 7/1/15 $1.47 per Gallon F.O.B: Delivered- City of Delray Beach Water Treatment Plant Package: Bulk Tank Truck- 45,000 pound minimum Terms: Net 30 Days Conditions: Demurrage- 2 hrs. Free, $50.00/hr. thereafter Weekend/Holiday delivery $100/$150 Contract Period: 7/2/14 through 7/1/15 (4 possible renewal options) PVS Signature: Xald /"& Delray Beach Signature: Marc Veale Senior Account Manager/Product Manager PVS Technologies Mobile- 864-325-5675 Z� zx ACN� iORB * Purchasing Department Form L 50 South Military Trail,Suite 110 July 1, 2014 West Palm Beach,FI.33415-3199 (561)616-6800 FAX(561)616.6811 PVS Technologies, Inc. www.pbcgny.com)purchasiaig Craig Mikkelson,Vice President of Sales & Marketing 90900 Harper Avenue Detroit, MI 48213 TERM CONTRACT# 14035R Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners is Palm Beach County entering into a Term Contract with your company for FERRIC CHLORIDE SOLUTION Board of County 37% _42%, PURCHASE AND DELIVERY, TERM CONTRACT based on: Commissioners Priscilla A.Taylor.Mayor LX] SOLICITATION # 14-035R/SWC Paulerre Burdick.Vice Mayor The term of this contract is 712!2014 through 71112015 , and has an estimated dollar value of$ 339,276. Hal R.Valec4e The obligations of Palm Beach County under this contract are subject to the Shelley Vaiia availability of funds lawfully appropriated for its purpose by the State of Florida and Steven L.Abrams the Board of County Commissioners. Mary I.0"Berger Palm Beach County Departments will issue individual hard copy orders against this Jess R.Santarnaria contract as your authorization to deliver. All invoices must reference a unique document number (e.g., CPO 1 DO 680 XY030305000000001111 or CPO 1 DO 680 XY030305-1111). Failure to provide an order number with each invoice will result in a delay in processing payment. County Administrator If you have any questions, please contact Sandy Cservenyak, Senior Buyer at --- sc_serapbcgov.org or(561) 616-6814. Kaberr Weisman Sincerely, Ka hleen M. Scarlett Purchasing Director c: Vernetha Green, WUD File 'A17 Equat Upponar?iiy Affirmar fire.,I ciion rmploytr" Wpanted on recycled paper Page 12 BID RESPONSE BID #14-035R/SWC FERRIC CHLORIDE SOLUTION 37%-42%, PURCHASE AND DELIVERY, TERM CONTRACT (REBID) ITEM DESCRIPTION UNIT EST. UNIT TOTAL.OFFER NO. QUANTITY PRICE 37%-42% FERRIC CHLORIDE SOLUTION 1.47/GL 1. AS SPECIFIED HEREIN. GALLON 230,80 $ s339,276.00 MFR. OFFERED: FVS Technologies, Inc All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to Is Qualification of Bidders information included, per Term and Condition#9? YESIINITIA12d Is Information and Descriptive Literature included, per Term & Condition#19? YESIINITIALC� Does bidder clearly understand the Insurance requirement, per Term and Condition#21? YESIINITIAL' -kAt• * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition#7, if bidder is a Joint Venture for the goodslservices described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: PVS Technologies, Inc. April 28, 2014 PRINT NAME: Craig Mikkelson fi,,/ PRINT TITLE: Vice President of Sales Marketing * SIGNATURE: ADDRESS: 10900 Harper AvenZe CITY I STATE: Detroit, MI ZIP CODE: 48213 TELEPHONE# ( 313 } 571--1100 E-MAIL: bids@pvschemicals.com TOLL FREE # ( 800 } 337=7428 FAX#: ( 313 ) 571-6765 APPLICABLE LIGENSE(S) NUMBER # TYPE: FEDERAL ID# 38--1949201 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, City Manager DATE: September 19, 2014 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 EXPENDITURE LIMIT/ODYSSEY MANUFACTURING BACKGROUND Request City Commission to consider ratifying an award and approving an expenditure limit in a not to exceed amount of $310,000 annually with Odyssey Manufacturing for the bulk purchase of Sodium Hypochlorite for use in water treatment, utilizing an active contract with the City of Eustis, expiring June 23, 2016, subject to the contract remaining active. Sodium Hypochlorite is used as the primary disinfectant in the water treatment process. It is purchased in bulk loads, delivered on a weekly basis. The usage at the plant is dependent on the demand for finished water. Funding associated with this chemical purchase is programmed into the Water Treatment Plant's fiscal year operating budget. The City of Eustis awarded Odyssey Manufacturing a contract with a three year initial term on June 23, 2010, and renewed the contract for an additional three years through June 23, 2016 (City of Eustis Bid #001-10). On January 21, 2014,the City of Delray Beach City Commission approved the award to Odyssey Manufacturing, however, inadvertently, the expenditure limit request was on a fiscal year basis vs. expenditures on an annual not to exceed basis and through the term of the contract. The table below shows the respective contract renewal date and the associated annual expenditure limit requested thru the contract expiration date. Annual Contract Expenditure level CHEMICAL VENDOR Bid Expenditure Expiration thru Information Not to Date/Renewal Renewal/Expiration Exceed Date Sodium Odyssey City of Eustis, $310,000 Renewed to $310,000/yr Hypochlorite Manufacturing Bid#001-10 Jun. 21, 2016 This request is seeking approval to continue with Odyssey Manufacturing for the purchase of Sodium Hypochlorite, utilizing a City of Eustis contract with an expiration date of June 23, 2016, at an annual expenditure limit not to exceed $310,000 annually, subject to the contract remaining active with the City of Eustis through June 21, 2016. This request for the expenditure limits noted is to remain compliant with Code of Ordinances, Chapter 36, Section 36.02 (C)(7), "Utilization of other governmental entities' contracts". A best pricing letter is attached. DISCUSSION The item before City Commission is to ratify an award and approve an expenditure limit with Odyssey Manufacturing to provide Sodium Hypochlorite to the Water Treatment Plant. TIMING OF THE REQUEST The approval of this item is of high importance, as ensuring a steady supply of chemical 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); contingent upon approval of future budget appropriations. RECOMMENDATION By motion, ratify the award and approve an expenditure limit not to exceed $310,000 annually with Odyssey Manufacturing for purchase of Sodium Hypochlorite, utilizing a City of Eustis contract, subject to the City of Eustis contract remaining valid through June 23, 2016. RESOLUTION NO. 13-39 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF EUSTIS, FLORIDA, AUTHORIZING THE RENEWAL OF THE CONTRACT WITH ODYSSEY MANUFACTURING COMPANY FOR AN ADDITIONAL THREE (3)YEAR PERIOD FOR PURCHASE OF SODIUM HYPOCHLORITE. WHEREAS, the City of Eustis uses Sodium Hypochlorite (bleach) for its water and wastewater disinfection needs; and WHEREAS, the contract dated June 23, 2010 between the City of Eustis and Odyssey Manufacturing Company provides for an initial term at a fixed fee for a (3) year period, renewable annually upon mutual consent of both parties, with an option to renew for additional three (3)year period, renewable annually upon mutual consent of both parties; and an WHER I EAS, Odyssey Manufacturing Company has provided the City with a quality product and excellent service throughout the initial three (3) year term of the contract, and has agreed to renew for an additional three (3)year term at the same fixed fee of$0.74 per gallon. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Eustis, Lake County, Florida, that the City Manager is authorized to execute all agreements necessary to renew the contract with Odyssey Manufacturing Company for an additional three (3) year period, renewable annually upon mutual consent of both parties. DONE AND RESOLVED, this 27'h day of June, 2013, in regular session of the City Commission of the City of Eustis, Lake County, Florida. CITY COMMISSION OF THE CITY OF EUSTIS, FLORIDA r. ATTEST r/M Kress uenzmay Mayor/Commissioner Mayor/Commissioner Mary atez City Clerk X Resolution No. 13-39 CITY OF EUSTIS CERTIFICATION STATE OF FLORIDA COUNTY OF LAKE The foregoing instrument was acknowledged before me this '1-]')'hdayof , 2013, by Kress Muenzmay, Mayor, and Mary C. Montez, City Clerk, who are personally known to noo. WA HIt L' j MM SION#EE 217 SEWAHU MY COMMISSION#EE 21M EXPIRES:LAtigust 20,2016 Bwded Thru NoWy Pubk UnderwMers Notary Public- State of Florida My Commission Expires:Au"-0- 0,�'Aolco CITY ATTORNEY'S OFFICE -oved as to form%14,, rnent is appi and }e8u| content for use and reliance of the City Comhnt "',of(lie City of Eustis, Florida. City Attorney's Office Uu(o CERTIFICATE OF POSTING The foregoing Resolution No, l3-3Aiu hereby approved,and| certify that l published the mmuehy posting one copy hereof ot City Hall, one copy hereof a1the Eustis Memorial Library, and one copy hereof at the Eustis Service Center, all within the corporate limits of the City of Eustis, Lake County,Florida. Mary L. M6ez, City Clerk Resolution No. 13-30 1 ODYSSEY MANUFACTURING CO. August 2, 2013 Tracy Jeanes Purchasing Director City of Eustis 109 East Orange Avenue, Suite B Eustis, Florida 32726 RE: Purchase and Delivery of Sodium Hypochlorite Contract Renewal Encl: (2)Two Executed Renewal Contracts Dear Tracy Jeanes: Please find enclosed (2) executed copies of the renewal contracts regarding the purchase and delivery of sodium hypochlorite for the City of Eustis. Also,find enclosed (1) copy of Odyssey's Corporate Resolution For Authority To Sign Bids And Contracts On Behalf Of Odyssey Manufacturing Co. If I can be of further assistance, do not hesitate to call me at 1-800-ODYSSEY or cellular 813-335-3444. Sin y tric H.Allman General Manager MANUFACTURERS OF� `0 8 O O O D Y$S E Y 1 CONTRACT RENEWAL THIS CONTRACT RENEWAL is made and entered into this Jul} ,2013,A.D.,to an original contract dated June 23,2010,by and between the CITY OF EUSTIS,a municipal corporation of the State of Florida,herein called the"CITY"and ODYSSEY MANUFACTURING COMPANY,1484 MASSARO BLVD.,TAMPA,FLORIDA,33619,herein called the"CONTRACTOR." WHEREAS,the CONTRACTOR herein was the lowest responsive and responsible bidder to City Bid#001-10—PURCHASE& DELIVERY OF SODIUM HYPOCHLORITE,and whereas,the CITY hereby renews the contract to provide the services in accordance with the bid requirements and original contract to provide the services described,for the amount of$34 per gallon. NOW THEREFORE,it is covenanted and agreed as follows: I. All proposal/bid documents and provisions are made a part of this contract as if fully set out herein. 2. The CONTRACTOR agrees to furnish the City of Eustis current certificates of Worker's Compensation in the amount required bylaw and Public Liability and Property Damage per terms of City Bid#001-10. The CONTRACTOR agrees to maintain said insurance during the life of the Contract. 3. The CONTRACTOR agrees to continue to prosecute the work required by the Contract diligently and continuously to complete the scope of services for the PURCHASE&DELIVERY OF SODIUM HYPOCHLORITE. 4. The initial term of this contract was for a fixed fee for a three(3)year period,renewable annually upon mutual consent of both parties,with the option for an additional three(3)year renewal period,renewable annually upon mutual consent of both parties. This is the first contract renewal of the optional three year period. The new expiration date of this agreement shall be June 22,2014. 5. In prosecution of this Contract,the CONTRACTOR agrees to cooperate with representatives of the City of Eustis,its agents and employees,who might be engaged in inspections. 6. In the event that any of the provisions of the contract are violated by the CONTRACTOR,or by any subcontractor, the CITY may serve written notice upon the CONTRACTOR and the Surety of its intention to terminate the contract, and unless within ten(10)working days after the serving of such notice upon the CONTRACTOR,such violation or delay ceases and satisfactory arrangement of correction is made,the contract shall upon the expiration of said ten(10) days,cease and terminate. 7. As compensation of the work done and as consideration of this Contract,upon satisfactory completion of the construction covered by this Contract,in accordance with the terms hereof,the CITY agrees to pay the CONTRACTOR or his assigns,the agreed upon cost per gallon,as outlined in the response to this solicitation. 8. Payments may be requested monthly in proportion to the materials delivered. After approval of pay requests by the CITY,payment will be made to the CONTRACTOR. Payment will be made within twenty—five(25)days of approved invoice. IN WITNESS WHEREOF,the CITY has caused this instrument to be duly signed by its City Manager and its seal attached by the Clerk,and the Contractor has hereunto set his hand and seal,the day and year written above. (SEAL) lFlorid STIS,a municipal corporation of the State ATTEST: Mmm g City I Signed,sealed and delivered ODYSSEY MANUFACT ING CO. in the presen k of: REC115V 7__4D AUG 11% JrL °°�N. eNi1►i�,�I. •� •aoo'�°'t •� B,a 0 q j t, :. ��•� os w �eoeleHeeee►e°00 CONTRACT RENEWAL THIS CONTRACT RENEWAL is made and entered into this May 9,2013,A.D.,to an original contract dated June 23,2010,by and between the CITY OF EUSTiS,a municipal corporation of the State of Florida,herein called the"CITY"and ODYSSEY MANUFACTURING COMPANY,1434 MASSARO BLVD.,TAMPA,FLORIDA,33619,herein called the"CONTRACTOR." WHEREAS,the CONTRACTOR herein was the lowest responsive and responsible bidder to City Bid#001-10—PURCHASE& DELIVERY OF SODIUM HYPOCHLORITE,and whereas,the CITY hereby renews the contract to provide the services in accordance with the bid requirements and original contract to provide the services described,for the amount of$34 per gallon. NOW THEREFORE,it is covenanted and agreed as follows: 1. All proposalibid documents and provisions are made apart of this contract as if fully set out herein. 2. The CONTRACTOR agrees to furnish the City of Eustis current certificates of Worker"s Compensation in the amount required by law and Public Liability and Property Damage per terms of City Bid#001-10. The CONTRACTOR agrees to maintain said insurance during the life of the Contract, 3. The CONTRACTOR agrees to continue to prosecute the work required by the Contract diligently and continuously to complete the scope ofservices for the PURCHASE&DELIVERY OF SODIUM HYPOCHLORITE, 4. The initial term of this contract was for a fixed fee for a three(3)year period,renewable annually upon mutual consent of both parties,with the option for an additional three(3)year renewal period,renewable annually upon mutual consent of both parties. This is the first contract renewal of the optional three year period. The new expiration of this agreement shall be June 22,2014. 5. In prosecution of this Contract,the CONTRACTOR agrees to cooperate with representatives of the City of Eustis,its agents and employees,who might be engaged in inspections. 6. In the event that any of the provisions of the contract are violated by the CONTRACTOR,or by any subcontractor, the CITY rnay serve written notice upon the CONTRACTOR and the Surety of its intention to terminate the contract, and unless within ten(10)working days after the serving of such notice upon the CONTRACTOR,such violation or delay ceases and satisfactory arrangement of correction is made,the contract shall upon the expiration of said ten(10) days,cease and terminate. 7. As compensation of the work done and as consideration of this Contract,upon satisfactory completion of the construction covered by this Contract,in accordance with die terms hereof,the CITY agrees to pay the CONTRACTOR or his assigns,the agreed upon cost per gallon,as outlined in the response to this solicitation, 8. Payments may be requested monthly in proportion to the materials delivered After approval of pay requests by the CiTY,payment will be made to the CONTRACTOR. Payment will be made within twenty—rive(25)days of approved invoice. IN WITNESS WHEREOF,the CITY has caused this instrument to be duly signed by its City Manager and its sea] attached by the Clerk,and the Contractor has hereunto set his hand and seal,die day and year written above. (SEAL) CITY OF E TIS,a municipal corporation of the State of Florida —" City Manager ATTEST:- , Cvnt. C^ 3? City Clerk Signed,sealed and delivered ODYSSEY MANUFACTURING in the presence of: P U R C H A S E O R D E R PAGE: i P.O. #: 064017 DATE: 10/04/12 TO: ODYSSEY MANUFACTURING COMPANY 1484 MASSARO BLVD TAMPA, FL 33619 FAX# (813) 630-2589 SHIP TO: INVOICE TO: City of Eustis Citv of Eustis WATER DISTRIBUTION FINANCE DEPARTMENT 901 BATES AVENUE ATTN: ACCOUNTS PAYABLE EUSTIS, FL 32726 P.O. DRAWER 68 EUSTIS, FL 32727-0068 DELIVER BY: FREIGHT TERMS CONFIRM BY 10/30/12 NET RED. NO. REQUISITIONED BY REG. DATE CONFIRM TO 6063 WDP - G. DOBBINS KWW 10/01/12 SUSAN M. TREWYN ACCOUNT NO. PROJECT 04003315333052 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 33000.00 DOL BLANKET PURCHASE ORDER FOR 1.0000 33000.00 THE PURCHASE AND DELIVERY OF SODIUM HYPOCHLORITE FOR THE CITY OF EUSTIS WATER DEPT. FOR THE TIME PERIOD OF OCT. 1 . 2012 - JUN 23,2013. DELIVERY LOCATIONS AND DELIVERIES SHALL BE COORDINATED WITH THE CITY OF EUSTIS WATER DEPT. AT (352)357-5618 PLANT DELIVERY LOCATIONS: 1. C.R. 44 WATER PLANT 3351 CR 44 2. HASELTON WATER PLANT 700 HASELTON ST. 3. ARDICE WATER PLANT 400 ARDICE AVE. PRICE 'x.74 PER GALLON PAYABLE AS INVOICED. THIS P.O. SHALL COMPLY WITH ALL PRICING AND TERMS & CONDITIONS OF CITY OF EUSTIS BID #001-10 & CONTRACT EXPIRES 6/23/12 APPROVED BY THE CITY COMMISSION ON JUNE 3, 2010 RESOLUTION #10-27 SUB-TOTAL 33000.00 TOTAL 33000.00 AUTHORIZED BY - C� i CONTRACT RENEWAL THIS CONTRACT RENEWAL is made and entered into this Octobe 2011,A.D.,to an original contract dated June 23,2010,by and between the CITY OF EUSTIS,a municipal corporation of the State of Florida,herein called the"CITY"and ODYSSEY MANUFACTURING COMPANY,1484 MASSARO BLVD.,TAMPA,FLORIDA,33619,herein called the"CONTRACTOR." WHEREAS,the CONTRACTOR herein was the lowest responsive and responsible bidder to City Bid#001-10—PURCHASE& DELIVERY OF SODIUM HYPOCHLORITE,and whereas,the CITY hereby renews the contract to provide the services in accordance with the bid requirements and original contract to provide the services described,for the amount of$.74 per gallon. NOW THEREFORE,it is covenanted and agreed as follows: 1. All proposal/bid documents and provisions are made a part of this contract as if fully set out herein. 2. The CONTRACTOR agrees to furnish the City of Eustis current certificates of Worker's Compensation in the amount required bylaw and Public Liability and Property Damage per terms of City Bid#001-10. The CONTRACTOR agrees to maintain said insurance during the life of the Contract. 3. The CONTRACTOR agrees to continue to prosecute the work required by the Contract diligently and continuously to complete the scope of services for the PURCHASE&DELIVERY OF SODIUM HYPOCHLORITE. 4. The initial term of this contract was for a fixed fee for a three(3)year period,renewable annually upon mutual consent of both parties,with the option for an additional three(3)year renewal period,renewable annually upon mutual consent of both parties. This is the first contract renewal of the initial three year period. 5. In prosecution of this Contract,the CONTRACTOR agrees to cooperate with representatives of the City of Eustis,its agents and employees,who might be engaged in inspections. 6. In the event that any of the provisions of the contract are violated by the CONTRACTOR,or by any subcontractor, the CITY may serve written notice upon the CONTRACTOR and the Surety of its intention to terminate the contract, and unless within ten(10)working days after the serving of such notice upon the CONTRACTOR,such violation or delay ceases and satisfactory arrangement of correction is made,the contract shall upon the expiration of said ten(10) days,cease and terminate. 7. As compensation of the work done and as consideration of this Contract,upon satisfactory completion of the construction covered by this Contract,in accordance with the terms hereof,the CITY agrees to pay the CONTRACTOR or his assigns,the agreed upon cost per gallon,as outlined in the response to this solicitation. 8. Payments may be requested monthly in proportion to the materials delivered. After approval of pay requests by the CITY,payment will be made to the CONTRACTOR. Payment will be made within twenty—five(25)days of approved invoice. IN WITNESS WHEREOF,the CITY has caused this instrument to be duly signed by its City Manager and its seal attached by the Clerk,and the Contractor has hereunto set his hand and seal,the day and year written above. (SEAL) CITY OF EU TIS,a municipal corporation of the State of Florida City Manager ATTEST: r;`' C✓7 t �, ~�� City Clerk Si rled,sealed and delivered ODYSSEY NIANUFACT ING CO. th yie presence of: -4 a By: Tn! ODYSSE':' Hc:�iqLJFPCTLIP-114il i-rtflPalxlV TAMPa PL 33614 P.;)X# i P I-:!'I t^q t)-Cl: 4 THIP Tr!; U-411GICE TO: Fify 11 Ft =H- Fiiv cif Eus i-= 7 T F7 T P- T T,`i P i-N'T -.r, ha� - — P-i -ntiwjF+i P** DEL VE P RV, F P f:Ti H T SEE PE!.i7,W PYTENDED L I WE4 Lf"WT 7 TV i fflll TT;7;1 ijt-t. -ZiqTt J- HKITT rn,7,T 1-0 CZ T Tini P1 --.=r01T PIPFP�ZW -tPD-PP POP - - - i T,Fi-TV�RN L�F ,MiFjli-iil P,v,pnr-HLOP,TTP ;pi-i--e,4cw-, imp Fr? iPU�FtTTf1[tJ, CLE sf jiJE, AND f-, CON17PQ1 r:,IPZ 7144 i-li-eT,F ri T POi T14T- PflPCH4c;P i-iRDf79 T� FOtF TPP r-P P T i-i rt -t P I ri T HrFlf IC'H, q c: T,HJr, P.0, i-�(j-MPILY WITH Al-L PR-Ti-Tk �-IG nt-,Ir, TFRM- P, C F,.t--J ri T T I Ci!�j S ()F I g:iND CONTRACT. TI t T,.1 4S74-lc ---------------------- - n r T r":aT P PPt:li,t,F77 1i it I W4/91,i T i t 14(V�-f=Ac�15�052 ---------------------------------------------------------------------- cf-rq rovdlrvci� bl'pEc-rol� ff LL 7 Ti - ODY SSE',' P- !L, -.,14 Fiji 1 i 6 5r« 5HIP Ti-j- ',f-i I i-E Ti"- WC,TFR nTC�TRTBUTIM4 P131 AttENUP- 4 TTt4 4rrnw,4T= CLfS CZ TT . Fl --7 , P.C,. TrFr+(}FF-6G FUCTT-, P-1 DELIVER E-V. PRE 1 Gi47 T r P i r nNiFTPH FV i RED. 140 REQj-ITf:'jTT0HED RV R E G). CONFIRil Ti -AJE?�TaNi k'WIJ i Cl/(-I:Z/I F.�i I q E S WDP G I TRACY W. 1,40, PPCijFf-T 0400--;q' lS-77-?052 P:'i T E N 0 C D -7,-T I , L I NE4 iMiiYi;T7T,' 7T tlWVE7T ni-MiFP PriP �tVf(-);-I, -t4-i TWP FLIRCHi-:S-K- :%',j5 1471 TkiPF,,V ,-tJ7 rj'i T f jj•j PvpnrHI - -- _op:T TF i7i-tq- TLji7 7--v np EI-ICZT T Z. (4�aIPP TtPPT, FnP THE T n;7 f P PC i• P, T T r, j T 7 T Li;- C 7TV ilc- Pp _Jz n N) EjEi-T VP 9 V 7 -ttjc: F,P4 -41 4,4-'iTPP ::I-AI+T --EPf TOW WATER F(-i4f-=jT obqb I PP T j-P7 TERtjS Fill,)[+ITTi-INS OF C T TV -LIE-TOTAL TnTAL f-;(-j Fv �T h 11 fv I A' C- ,a — b r ------------------------ ------------------------- rf t CONTRACT I i THIS CONTRACT is made and entered into this Jun 2010,A.D.,by and between the CITY OF EUSTIS,a municipal corporation— of the State of Florida,herein called the"CITY"and ODYSSEY MANUFACTURING COMPANY,1484 MASSARO BLVD., TAMPA,FLORIDA,33619,herein called the"CONTRACTOR." WHEREAS,the Notice to Bidders for City Bid 4001-10—PURCHASE&DELIVERY OF SODIUM HYPOCHLORITE,has been properly advertised and the CONTRACTOR herein was determined the lowest responsible and responsive bidder to provide the services described,in accordance with the base bid submitted in writing,for the amount of$34 per gallon. NOW THEREFORE,it is covenanted and agreed as follows: 1. All proposal/bid documents and provisions are made a part of this contract as if fully set out herein. 2. The CONTRACTOR agrees to furnish the City of Eustis current certificates of Worker's Compensation in the amount required bylaw and Public Liability and Property Damage per terms of City Bid#001-10. The CONTRACTOR agrees to maintain said insurance during the life of the Contract. 3. The CONTRACTOR agrees to prosecute the work required by the Contract diligently and continuously to complete the scope of services for the PURCHASE&DELIVERY OF SODIUM HYPOCHLORITE. 4. The initial term of this contract shall be for a fixed fee for a three(3)year period,renewable annually upon mutual consent of both parties,with the option for an additional three(3)year renewal period,renewable annually upon mutual consent of both parties. 5. In prosecution of this Contract,the CONTRACTOR agrees to cooperate with representatives of the City of Eustis,its agents and employees,who might be engaged in inspections. 6. In the event that any of the provisions of the contract are violated by the CONTRACTOR,or by any subcontractor, the CITY may serve written notice upon the CONTRACTOR and the Surety of its intention to terminate the contract, and unless within ten(10)working days after the serving of such notice upon the CONTRACTOR,such violation or delay ceases and satisfactory arrangement of correction is made,the contract shall upon the expiration of said ten(10) days,cease and terminate. 7. As compensation of the work done and as consideration of this Contract,upon satisfactory completion of the construction covered by this Contract,in accordance with the terms hereof,the CITY agrees to pay the CONTRACTOR or his assigns,the agreed upon cost per gallon,as outlined in the response to this solicitation. 8. Payments may be requested monthly in proportion to the materials delivered. After approval of pay requests by the CITY,payment will be made to the CONTRACTOR. Payment will be made within twenty—five(25)days of approved invoice. IN WITNESS WHEREOF,the CITY has caused this instrument to be duly signed by its City Manager and its seal attached by the Clerk,and the Contractor has hereunto set his hand and seal,the day and year written above. (SEAL) CITY OF EUSTIS,a municipal corporation of the State 0 of F Ci M ager ATTEST:,— C'C Clerk Signed,sealed and delivered ODYSSEY MANUFACTURING ' in the presence of: 1 . By: ;r jj - �, G i I ypgq {¢ City of Eusfis P.O. Drawer 63 @ Eustis, Florida 32727-0068 (352) 453-5430 To: All bidders on Purchase&Delivery of Sodium Hypochlorite From: Purchasing Department Date: June 4, 2010 Re: City Bid#001-10 Notification of Award Name and Address of Successful Vendor Odyssey Manufacturing, Inc. 1484 Massaro Blvd. Tampa, Florida 33619 The City of Eustis, has awarded City Bid#001-10, per terms,conditions,specifications and regulations of the Bid Request. SUCCESSFUL BIDDER: Please be advised that deliveries,service or work shall not commence until authorized by issuance of a City Purchase Order or a Notice to Proceed. By: ° : . .� Tracy MulliiJeanes Purchasing Director •Telephone: (352) 483-5475 • Fax: (352) 357-2971 • E-Mail:jeanest&i.eustis.fl.us • URL: http:IAvww.eustis.org i V MANUFACTURING CO. March 23,2010 Ms. Tracey M. Jeanes, CPPB City of Eustis Purchasing Department P.O. Drawer 68 Eustis, Florida 32727 Re: CITY OF EUSTIS CITY BID#001-10 PURCHASE AND DELIVER OF SODIUM HYPOCHLORITE Encl: (1)Bid Forms: Proposal Pages 12— 17 (2)Authority to Sign Bid Letter (3) Copy of NSF-60 Certification (4)Third Party Laboratory Analysis of Sodium Hypochlorite (5)Last Three Years of NSF Sample Results (6)List of References (7)Copy of OSHA.Form 300A/300 Logs (8)EPA Settlement Letter dated August 6,2008 (9)Material Safety Data Sheet(MSDS) (10)Odyssey Manufacturing Co. Brochure (11)Odyssey Manufacturing Co.Process Flow Chart Dear Ms. Jeanes, Odyssey Manufacturing Company is pleased to submit our proposal for the above referenced Request for Proposal(RFP)for the supply of sodium hypochlorite in"tanker"or"bulk" loads only. Our proposal is based on delivery to the delivery locations specified in the RFP documents which are tanker accessible sites. In accordance with your instructions,we have enclosed one original of the "Proposal" and two copies. Pricin Odyssey Manufacturing is pleased to offer City of Eustis a delivered price of$.74 per gallon for its Ultrachlor 12.5 Trade Percent sodium hypochlorite(NET 30). This price is fixed and there are no fuel surcharges, delivery fees or any other hidden charges. Odyssey agrees to fix this price for three years from award. Thus,regardless of the economy and inflation,we are guaranteeing this price for three(3)years. Odyssey Manufacturing Co.will not use any subcontractors or affiliates in the performance of any work under this proposal. We are the only chemical manufacturer in Florida who always uses company drivers and does not use a,subcontractor or separate company to make the deliveries. Enclosures(1)through(11) are provided to assist in City of Eustis' Bid Evaluation. RFP Checklist Items Additionally, Odyssey makes the following claims or warrants: ;:;:.i � r' e..xe -�, �� vc�,4-'F.;.�s�;-;` •,i;�-.�, " � �, =.,.�'��.��`"�r���x��.*,�� �.,�.-y,.'�` zit"�s�':� ` �-� � e • Enclosures (1) and(2) are required submittals as outlined in the solicitation • Enclosure(3) is the NSF-60 certification for Odyssey Ultrachlor sodium hypochlorite • Enclosure(4)is a recent third party laboratory results for Odyssey Ultrachlor sodium hypochlorite as manufactured by Odyssey Manufacturing at its Tampa facility which will be serving the City of Eustis taken in the past ninety(90)days. • Enclosure(5) is the last three NSF third party laboratory results for Odyssey Ultrachlor sodium hypochlorite as manufactured at our Tampa facility which will be serving the City of Eustis. • Enclosure(6) is a list of References is Attached to aid in the Proposal Evaluation. Additionally, Odyssey has never had a contract terminated early(e.g., debarred)for safety, quality,or service issues for any product they supplied over the past five years. • Enclosure(7) is a copy of ALL of our OSHA 300/300A Logs for the past three years to more fully demonstrate our low accident rate and commitment to safety(enclosure(7)). The RFP requires the logs be submitted for the entire comp anX to include all of our facilities, locations, affiliates and subcontractors which we have done. Odyssey will use no subcontractors or affiliates or third party driving companies in the performance of the work under this RFP and thus has submitted no logs for this group. • Safety is extremely important and should be a major consideration in the City of Lake Eustis' "informed decision process". Odyssey Manufacturing has one"Safety Incident" in the past ten years for any chemical that it sells(defined as all chemical accidents, incidents,releases, spills, and National Response Center Notifications("safety incidents"). Additionally,I would direct the City of Eustis to the National Response Center website (www.nre.useg.mil/download.litinl)where you can download all of the safety incidents of the various bidders. You will see that Odyssey does not have any but our competitors have over thirty. Additionally, please do a website search and call our reference list to ascertain not only our record but those of other suppliers. Our single incident occurred in September 2008 where 700 gallons spilled from a pressurized line during a delivery when a fitting snapped on the tanker before the tanker could be depressurized. Odyssey's General Manager was on-site within two and half hours and directed cleanup/de-chlorination/follow-up sampling efforts. • Odyssey has one regulatory action which includes fines, regulatory actions and consent orders relating to the operation of ALL of its manufacturing and distribution facilities since it began operations in March of 2000. This incident was a disagreement with the EPA on whether Odyssey had to file a"Manufacturer's Form R"for the production of chlorine gas under the public's Right to Know laws. Even though we don't manufacture chlorine gas as an end product, Odyssey agreed to pay a fine and file an"EPA Form A"going forward listing zero chlorine releases and emissions from manufacturing sodium hypochlorite from a brine solution. Enclosure(8)is a copy of the final settlement letter from the EPA dated August 6, 2008 is attached. This is a minor administrative matter relating to not filling out a form admitting that we don't have any chlorine gas releases or emissions. Note that the RFP did not require reporting of any FDOT fines(i.e., overweight tickets) since this has nothing to do with operation of its manufacturing and distribution facilities. This is in sharp contrast to other suppliers who have had significant numbers of fines,regulatory actions and consent orders relating to the operation of all of their facilities caused by actual pollution, chemical releases and spills, serious injuries and other significant safety violations. • Emergency Call Data—Below I have listed some of the most recent emergency service call information to assess Odyssey's ability to respond to customer emergencies: 1) 3/6/10-City of Inverness (Gerry Lebeau,Utility Manager,352-474-9051). Customer called Odyssey on Friday evening 3/5/10 and stated that their tank was leaking badly on the ground. Odyssey had a crew up there on Saturday morning 3/6/10 which pumped out the sodium hypochlorite to a temporary tank and kept the water plant on service. 2) 1/8/10—JEA(Mike Richardson,Utility Supervisor,904-665-6815)Customer called Odyssey on Friday morning that their sodium hypochlorite tank at the Norwood WTP was leaking badly into the containment. Odyssey dispatched a tanker and crew with temporary tank and pumped out the hypochlorite from the bad tank to the tanker. Additionally, Odyssey setup the temporary tank to allow the water plant to maintain continuous disinfection and remain in service. 3) 12/24/09—Sarasota County Carlton WTP(Jim Conley, Water Production Manager, 352- 861-1510)Got a phone call in the morning that their Peace River chlorination line installed several years earlier had broken and they had no way to disinfect the water they were sending out to their system from Peace River. Odyssey immediately dispatched a crew and had located and repaired the leak by that evening. 4) 10/18/09—Town of Lantana(Clyde Ali, WTP Superintendent, 561-540-5751) Odyssey received a phone call on Sunday morning requesting an immediate emergency delivery to the Town of Lantana Water.Plant to keep them from issuing a boiled water notice because their regular supplier had failed to make a delivery for over a week. Odyssey provided a delivery to the plant on three hours notice. 5) 1/23/09—City of Eustis WWTP(Rick Hoeben,WWTP Superintendent,352-357-3777) Got a phone call that new sodium hypochlorite tank installed by Contractor was filled and leaking badly. Immediately dispatched tanker and crew with temporary tank and pumped out their tank to a temporary tank thereby avoiding a reportable spill. Came back and troubleshot problem and found that the contractor had cross-threaded the bolts on the bottom flange fitting and made confined space entry and did repair for the City of Eustis. 6) 5/11/08—Orange County Econ WTP(Carlos Torres, Orange County,Production Section Water Superintendent,407-254-9500/5505) Got a phone call on Sunday morning that they would have to issue a boiled water notice if they could not get a sodium hypochlorite deliver because their regular supplier had failed to make a delivery for a week and they were unable to get them to come despite repeated phone calls. • Technical Support and also emergency points of contact would be our Patrick H.Allman, General Manager(cellular 813-335-3444)who has a B.S. in Nuclear Engineering 1983 from the University of Virginia,Marvin Rakes,President(813-340-3675)who has a B.S. in Chemical Engineering 1985 from the University of North Carolina State or the on-duty Plant Supervisor(800-ODYSSEY). Mr.Allman has over twenty five years of industrial plant experience and is an acknowledged expert in chemical systems having designed over 1,000 systems in Florida including assisting with several for the City of Eustis. Mr. Rakes has over twenty five years of experience managing the operational side of chemical distributors and manufacturers including ten years as the Operations Branch Manager of the largest chemical distributor branch on the East Coast. • Enclosure(8) is a Material Safety Data Sheet(MSDS) • Company Brochure is Attached (see enclosure(9)) • Company Manufacturing Process Flow Chart is Attached demonstrating the superiority of Odyssey's manufacturing process with regard to quality and reliability(see enclosure(10)) • The City of Eustis currently uses Odyssey Manufacturing Co. and can pull samples at any of its water treatment or wastewater treatment plants to ascertain the quality of its sodium hypochlorite. You can also pull a sample from neighboring towns including Mount Dora, Tavares and Leesburg. • Odyssey takes no exceptions to the RFP solicitation • Odyssey Manufacturing Co. is a Drug Free Workplace and has an active program in-place to randomly test its employees as documented by the fact our Worker's Compensation carrier provides us a 5% discount for our program on our rates. • Odyssey hereby certifies and warrants its sodium hypochlorite is supplied in accordance with ANSI/NSF Standard 60 and AWWA B300-04 (latest revision available at time of the bid). Added Value and Service Support Over the past seven years, Odyssey Manufacturing Co. has provided superior service to City of Eustis including never missing a delivery,providing emergency support on several occasions and providing a significant amount of technical assistance including several training classes, several technical support visits, FDEP permitting assistance, engineering design and chemical system installation. As you know, we are the only chemical manufacturer/distributor that is open for manufacturing and deliveries 24 hours per day and 7 days per week(including holidays) and can be reached @800- ODYSSEY or facsimile(813) 630-2589. Additionally, Odyssey Manufacturing also agrees to continue to continue to provide unlimited technical assistance to the City of Eustis to assist it with its operations at no charge as part of the sodium hypochlorite supply. Such assistance includes,but is not limited to, operator training sessions, startup services, site inspections on behalf of the owner, drawing review, engineering and design. As a licensed plumbing and general contractor, Odyssey has performed over one thousand chemical system installations in the State of Florida and provided extensive service support to its customers to help maintain their chemical systems. Reliability Odyssey sets the standard for reliability in the marketplace. Odyssey has consistently provided the City of Lakes Wales a superior service and a superior product. As you know,we have never missed a delivery in over ten years of service to the water and wastewater treatment industry. Our service is legendary. We done several emergency deliveries most notably on Saturday,April 6,2002, St. Johns County was run out of bleach by their then sodium hypochlorite supplier at the main water plant. St. Johns County contacted Jones Chemical,Allied Chemical and PB&S [now Brenntag] all of which declined to come. Only Odyssey Manufacturing Co. said they would come and we delivered a tanker of sodium hypochlorite on Saturday night within four hours of being called. This is un-paralleled service and was not matched by any of the other suppliers in the marketplace. Missing chemical deliveries would be a serious problem for water and wastewater treatment plants who must chlorinate for public health reasons. Odyssey has never missed a chemical delivery to any customer in over ten years of its existence. This sharply contrasts with the delivery record of Allied Universal which has failed to make timely deliveries to its customers in the past(please call our reference list for additional information and see below). Specifically,these are just a few of the instances we had to make deliveries to their customers in the past two years alone. This list is remarkable when you consider that we serve 96% of the plants in Florida. Odyssey had to make an emergency delivery to the Town of Lantana Water Plant just this past month on Sunday, 10/18/09 to keep the customer from having to issue a boiled water notice(Reference: Clyde Ali,WTP Superintendent, 561-540-5751). Odyssey had to make an emergency delivery to the Village of Wellington on Friday, 12/5/08 to keep them from running out of hypochlorite(Reference: Sean McFarland, WTP Superintendent, 561-753- 2465). Odyssey had to make an emergency delivery to the City of Ormond Beach WWT plant last year when I was told Allied refused to come and the customer ran out of bleach and called me on Sunday morning from their contact chamber as they were shoveling in HTH and we had bleach there in three hours (Reference: Sam Butler, City of Ormond Beach Chief Operator,386-676-3592). Odyssey had to snake an emergency delivery one weekend last year to the City of Port Orange WTP because I was told Allied was unable to come and previously we had to do the same thing in the past for this customer for the same reason back on 7/22/06(Reference: Steve Miller, City of Port Orange WT Chief Operator, 386-756-5380). Another emergency Sunday delivery we made earlier that year on 5/11/08 to the Econ WTP for Orange County because Allied was unable to come according the operator and they were going to have to issue boiled water notices(Reference: Carlos Torres,Orange County,Production Section Water Sup6tinter dent;407254-9500/5505). Even more disturbing were the two emergency Saturday deliveries were made the day before Hurricane Charlie hit to Collier County because Allied had supposedly refused to make deliveries for over a week (Reference: Steve Waller, Collier County, WWT Superintendent, 239-774-6886). Also as you know, Odyssey pro- actively topped off your tanks before each hurricane over the past ten years! uali Odyssey Manufacturing Co. represents the newest trend in the water treatment business—Chloralkali bleach superplants as a disinfection alternative. Odyssey Manufacturing is a new venture that manufactures bulk sodium hypochlorite utilizing a Kvaerner Chemetics chlor-alkali plant integrated with a Powell Continuous Bleach Plant. We are focused primarily on municipal and private water and wastewater treatment along with industrial customers. As you know,this business was created primarily to serve many the Customers who are switching from chlorine gas to bulk sodium hypochlorite and need a competitively priced,reliable,high quality supply of sodium hypochlorite. As the only chlor-alkali manufacturing facility in Florida,we can offer a unique combination of high quality combined with a very competitive cost structure. We make our raw materials(chlorine and caustic)on-site out of purified salt and demineralized water utilizing a membrane cell electrolysis process. Not only does this process result in a high quality bleach,but also makes our product cost very competitive as we do not have to pay out of state third parties to make the raw materials for us and have them shipped down by railcar. As you know, chlorine gas railcar shipments to Florida have been suspended on twelve occasions over the past couple of years for up to four days due to terrorist threats and hurricanes. Thus,we are able to offer reliable service and guaranteed pricing which is a major benefit to our customers as they consider alternative suppliers. Additionally,this provides us a significantly higher level of reliability than any other Florida sodium hypochlorite manufacturer as we are not dependent on railcar shipments of chlorine gas into Florida. Odyssey combines great service with the best quality bleach in Florida. Our sodium hypochlorite is a high strength product(12.5 Trade Percent Available Chlorine)with superior ratio control and without all the impurities that most bleach contains. What this means to you the Customer is: • Low or zero metal contaminants resulting in significantly slower Product degradation leading to overall cost savin s due to reduced sodium hypochlorite consumption • Lower Maintenance Costs caused by pluggages and wear because of impurities in the bleach • Improved Drinking and Effluent Water Quality • Longer Warranties from your equipment suppliers • Superior control of excess alkalinity of Product resulting in less overall chemical additional requirements and more stable chemical feed rates • Less oxygen formation during storage and handling(e.g.,which form bubbles in tank and lines) resulting in reduced downtime and more accurate Cl feed rates • Lower levels of sodium chlorate formation resulting in improved water quality and reduced health concerns • Significantly lower levels of bromate formation resulting in reduced public health concerns • Lower suspended solids resulting in improved water quality and less feeder maintenance • Minimal insoluble buildup on the inside of pipes and feeders resulting in better operations of the Customer's system I Last year,the City of Edgewater and Port Orange threw out their previous supplier because of quality issues and is using a lot.less bleach. Both of these entities documented a 30%to 35%reduction in hypochlorite usage during FY 2009 when adjusted for flows.after switching to Odyssey Manufacturing Co. (Reference: Steve Miller,City of Port Orange, WT Chief Operator,386-756-5380 and Bob Polizzi, City of Edgewater,WT Chief Operator, 386-424-2490). Another data industry reference point would be Manatee County who tested Odyssey's bleach three times per week for three years and more recently tested Allied's bleach three times per week for the past three years. They will tell you that Odyssey never once failed to meet their Specification and that Allied has failed to meet it on numerous occasions despite the fact they know the bleach is being tested sted(Reference: Bill Kuederle,Manatee County,WT Chief Operator,941-746-3020). Summary Sodium hypochlorite is the most important chemical you purchase. Its use is mandated by an assortment of regulatory agencies and its failure can lead to severe consequences for the utility including system wide boiled water notices and hefty FDEP and EPA fines. Hypochlorite is very unique because of its essential use in water treatment, short shelf life,"just in time"delivery requirements and rapid degradation if fouled by impurities in the manufacturing process. Sodium hypochlorite is the only chemical the City Eustis purchases that if you leave it in a drum for one year will be completely gone. For example, a drum of 50%caustic will still be a drum of 50% caustic after one year. A drum of 12.5% sodium hypochlorite will be salt water after one year with no disinfection capability. A drum of 50% caustic laden with 2 ppm iron and other metals will still be a drum of 50%caustic after one week(or even after one year). A drum of 12.5%sodium hypochlorite containing 2 ppm iron and other metal impurities will be a drum of 5%—6%sodium hypochlorite after one week and thus have half the disinfection power and require twice as much to be fed. As you know, Odyssey provides a superior product for two reasons: (1)We have a superior process; and(2) We care about quality(we just don't pay lip service to it and tell you we are"improved"or just as good as Odyssey). Frankly, if 95%of our business was pool stores to which we delivered 8% -9%bleach laden with iron,metals, sludge and other impurities to them because they don't care about quality why would we bother to spend an extra$.20 per gallon to make the correct strength bleach and another$.05 per gallon to properly filter the bleach? Instead, I would probably target the 4%of the municipal market which buys on"price per gallon" and not the total cost when usage and maintenance is factored in and sell them the same slop. This same group doesn't care when their bleach comes late or doesn't come at all either because they continue to put up with it as long as they perceive they are paying less per gallon. It is not what a company says they will do it is what they have consistently done in the past is what you will get! The City of Eustis should have a reputable supplier with a strong safety,reliability and quality record to serve their sodium hypochlorite needs for their Utility Department. Odyssey has been that supplier for the past five years. Integrity should matter in the water and wastewater treatment business and especially in public purchasing! Please call our customers to compare Odyssey Ultrachlor with other suppliers! Because of its short shelf life,buying a superior quality sodium hypochlorite will result in significant savings. We have examined your specifications and can comply with all the requirements. Additionally,we hereby provide written assurance of compliance with OSHA,EPA,NSF, and AWWA regulations and consent to provide samples to City of Eustis for testing if requested. We also agree to provide a safe handling training course and"refresher courses"for all of your chemicals for the duration of the contract. We have never failed to or refused to make a chemical delivery for any product we have been awarded a purchase order. This is in stark contrast to other chemical manufacturers! We take i no exceptions to the bid documents. You may take a sample of our sodium hypochlorite at any time from any one of your facilities or off of a truck at time of delivery. Please call me if you have any questions at 1-800-ODYSSEY or cellular(813)335-3444 or visit our website @www.odysseymanufacturing.com, Thank you for your consideration. (Aatrick ncerel H. Allman General Manager G. COVER In addition to the various statements in this Specification stating the grounds for automatic termination of the Contractor's contract to supply liquid sodium hypochlorite to The City of Eustis, the City has the right to obtain cover and charge the Contractor for the cost. "Cover" is defined as the right'of The City of Eustis to obtain a replacement product from another source in the event that the Contractor is unable to supply product in accordance with the Specifications and the Contractor pays the cost difference, if any, between its contracted price and the price The City of Eustis paid for the replacement product. ' k Please return pages 12-16 to: CITY OF EUSTIS Purchasing Dept. City Of Eustis Bid#001-10 Purchase& Delivery of Sodium Hypochlorite PRICE PAGE The undersigned acknowledges receipt of: Written specifications dated: February 16,2010 Addenda Number 1 , 2, : 3 , dated 2/2 6/10 3111/10 By submitting a bid response, the undersigned agrees: 0 Has examined the site and all bid documents and understands that in submitting a bid, he/she waives all right to plead any misunderstanding regarding same. • To hold his bid.open for acceptance for sixty(60) days after bid opening. • To accept the provisions of the Instruction to Bidders regarding the disposition of bid security. • To enter into and execute a contract with the City within ten (10)calendar days, if awarded. • To begin work not later than ten (10) calendar days after issuance of a"Notice to Proceed" and to complete the work within the time period specified in the written documents. Price per Gallon: $ /gallon City of Eustis Bid#001-10 Page 12 Total Sodium Hypochlorite Price (Based on 105,000 gallons) $ 1171a,700 /year Submittal Checklist: • Vendor Representative contact information • Location of Facility • Third party laboratory analysis of Sodium Hypochlorite sample • NSF sample results (Last Three Years) • List of References (Five) GN • List of Terminated Contracts/ Debarments (Last Five Years) • Documentation of any fines, correspondence and consent orders RY relating to the operation of ALL manufacturing and distribution facilities (No FDOT fines). • Copy of OSHA Form 300A/300 logs (Last Three Years) aN • Safety Incident Reports (Last Three Years)• List of five most recent Emergency Responses with descriptive info • List of Subcontractors COMPANY NAME: Odyssey Manufacturing Company FEID# 65-0846345 Please check one: Corporation xx Partnership Other Proprietorship Joint Venture Subsidiary ADDRESS: 1484 Massaro Blvd. Tampa, Fl 33619 AUTHORIZED SIGNATURE: pallman @odysseymanufacturi SIGNATURE/TITLE: '�� °"y�' '1 '� �` - " `y"`�` E-Mail ng-com TELEPHONE# 813-635-0339 FAX# 813-630-2589 DATE: 3/19/2010 City Of Eustis Bid #001-10 Purchase & Delivery of Sodium Hypochlorite Subcontractor List Name/Address of Company Work Contracted 1. moil Vie' 2. 3. 4. The contractor shall notify the Purchasing Department prior to any changes in subcontractors. City of Eustis Bid #001-10 Page 13 COMPANY NAME: Odyssey Manufacturing. Com FEID# 65-0846 45 Please check one Corporation xx Partnership Other Proprietorship Joint Venture Subsidiary ADDRESS: 1484 Massaro Blvd. TaApa, Fl 33619 AUTHORIZED SIGNATURE: cl) . t pallman @ody seymanufacturi SIGNATURE/TITLE: °� '�'' C�' ��1 °04'>, ' °°LA how- ,ey-` E-Mail TELEPHONE# 813-635-0339 FAX# 813-630-2589 DATE: 3/19/2010 DRUG FREE WORKPLACE CERTIFICATION FORM In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/RFP's, which are equal with respect to price, quality and services, are receivec by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/RFP receiv d from a business that certifies that it has implemented a drug-free workplace program shall be given preference in I he 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 bet ken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of main aining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs a d 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 I id a copy of the statement specified in subsection 1. City of Eustis Bid #001-10 Page 14 i 4. In the statement specified in subsection 1, notify 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 contendre to, any violation of chapter 893 or any controlled substance law of the United State 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 satisfadtary 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 co pli fy with e above requirements. i Vendor's Signature Odyssey Manufacturing Company Company Name 3/19/2010 Date REFERENCES FOR: Odyssey Manufacturing Company Respondent's Company Name Contact Name: Greg Turman Company: City of Clearwater Address: P.O. Box 4748 Clearwater, Fl 33578 Telephone# : 727-224-7736 -----~-------------~------~----~--------~------~~----------------- Contact Name: Steve Miller Company: City of Port Orange Address: 4400 Wellfield Rd. , Port Orange, Fl 32119 Telephone#: 386-756-5380 ---------- --------~~------ ����� City of Eustis Bid #001-10 Page 15 Contact Name: Bob Polizzi Company: City of Edgewater Address: 3315 S .R. 442 , Edgewater, F1 32132 Telephone# : 386-424-2490 ---------------------------------------~-------------------------- Contact Name: Andrew Fenske Company: City of Cape Coral Address: P .O . Box 150027 , Cape Coral, Fl 33915 Telephone# : 239-574-9878 'This form may be reproduced. Contact Name : Sean McFarland Company: Village of Wellington 1100 Wellington Trace Wellington, F1 33414 Phone# : 561-753-2465 STATEMENT OF NO BID Purchasing Director City of Eustis P.O. Drawer 68 Eustis, FL 32727-0068 We, the undersigned, decline to bid on City Bid #001-10—Purchase & Delivery of Sodium HVpochlorite for the following reasons: Suitable, but engaged in other work. Cannot supply at this time. Quantity too small. Unable to meet specifications. Unable to meet bond requirements. Opening date does not allow sufficient time to complete bid. Other, please explain. City of Eustis Bid #001-10 Page 16 We understand that if the"Statement of No Bid" letter is not executed and returned, our name may eventually be deleted from the list of qualified bidders for the City of Eustis. COMPANY NAME: (Please check one) Corporation Partnership Other Proprietorship Joint Venture Subsidiary Address Authorized Signature/Title Telephone# Fax# _E-Mail Date: City of Eustis Bid #001-10 Page 17 I r 0 D Y MANUFACTURING CO, January S, 2010 Mr. Marvin Rakes Odyssey Manufacturing Co. 1484 Massaro Boulevard Tampa, Florida 33619 Re: CORPORATE RESOLUTION FOR AUTHORITY TO SIGN BIDS AND CONTRACTS ON BEHALF OF ODYSSEY MANUFACTURING CO. To Whom It May Concern, Odyssey Manufacturing Co.is a Delaware corporation licensed to do business in the State of Florida. Patrick H.Allman, Odyssey Manufacturing Co.'s General Manager, has the authority to sign all bid documents and contracts on behalf of Odyssey Manufacturing Company. Sincerely, Marvin T. 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' .r • . . '; a ":= , r , . . : .; ' �ri. fi; fi q✓ :=t ,: . ,.v a':': . ..;• . . y; !e, ' ' "k . NovaChem Laboratories Inc Date: 18 March 2010 Call for results over the phone 513-523-3605 To: Pat Allman—Odyssey Manufacturing (FAX: 813-630-2589) Analysis Results Bleach Rec'd Parameter 3/9/2010 Wt%NaOCI 10.84 GPL Available Chlorine 120 Wt%NaOH 0.2 Calculated pH 12.7 Wt%Na2CO3 0.155 Specific Gravity 1.1614 C103",mg/L 326 DL= 100 mg/L Cl-,mg/L 81,600 DL= 100 mg/L Br03,mg/L <4 DL=4 mg/L C104,mg/L <10 DL= 10 mg/L Fe,mg/L 0.24 DL=0.02 mg/L Cu,mg/L <0.02 DL=0.02 mg/L Ni mg/L <0.02 DL=0.02 mg/L Sodium,g/L 57 (ESTIMATE) Wt%Suspended Solids 0.002 Filter Test(1,000 mL) 1 min 03 seconds 5172 College Corner Pike, P.O.Box 638, Oxford,Ohio 45056 Tel: 513-523-3605, FAX: 513-523-4025 E-Mail: bbubnis @brecnet.com ASFLive safer:" i g '2� -: s -,5. Xs.t- ,. _� .��e.�t .`�_�-��7,<z �S�a �u �.;::+; .,+E-. � £s. �, z;`'�' •,�� - r, +rs'�.,�,• .r Customer: ODYSSEY MANUFACTURING r � _ � � COMPANYL�,��{y„ �.� N �. � '_< } � r� CLIENT i � t Ng Attention: MR. PATRICK H. ALLMAN Tw z a, 1 PA p' Ga;+ �.��i :s§ubr �1r�?�:..,.Kr,.-t2 t i-e: -,.5�....uirc.�a.a'k��t•�1'".,c.r*�'Ir._rsa+.�''rs. -€,�t L 1S Sample Description: Sodium Hypochlorite z ` Trade Designation: Sodium H ochlorite 12.5% g yp � a � i SERVICE I Evaluation Standard: NSF/ANSI Standard 60 REQUESTED �3n x Status: Pass ` a i� �y€ Report: 25-JUN-2009 WE t _ 3 ag Egg �u , Project Manager: Soncea Braden-Mccann � NINE13 ON NSF Program: 0045 - DWA Std. 60 (Health Effects . } Payl£a�0110k� u: Testing) r p r NSF INFO 25071_A=00036450 ham' Report ID: {xt NSF PA: 9057423 (CLA, TEA) * }exit 7 Ste` and .�r f Report Issue: F120090625131843 e - N tP}t��"`yJ�,P,r�s�' F s� ��r����� � � _ � �_•�a����`"°z�? '�y 1 � �w�- lP 2 ��N Job Name: A-00036450 Program Manager: Soncea Braden-Mccann. j Program ID: 0045 Status: Pass Collection Type: AA-Annual Collection Send To: 25070 ODYSSEY MANUFACTURING COMPANY RECEIVED uWi . �' ' I� 1484 MASSARO BOULEVARD TAMPA FL 33619 Attn: MR. PATRICK H. ALLMAN Customer: 25070 Plant: 25071 ODYSSEY MANUFACTURING COMPANY ODYSSEY MANUFACTURING COMPANY 1484 MASSARO BOULEVARD' 1484 MASSARO BOULEVARD TAMPA FL 33619 TAMPA FL 33619 Attn: MR. PATRICK H. ALLMAN Attn: MR. PATRICK H.ALLMAN NSF International Test Report. This report documents the testing of the referenced product to the requirements of NSF/ANSI Standard 60 (Drinking Water Treatment Chemicals - Health.Effects). This standard establishes minimum requirements for chemicals, the chemical contaminants, and impurities that are added to drinking water from drinking water treatment chemicals.. Contaminants produced as by-products through reaction of the treatment chemical with a constituent of the drinking water are not covered by this Standard. Reference the "About the Standard" section at the end of this report for additional information about NSF/ANSI Standard 60 and the products covered under this Standard. Sample Description: Sodium Hypochlorite TradeDesignation: Sodium Hypochlorite 12.5% Test Type: AA-Annual Collection Result: Pass Thank you for having your product tested by NSF. This report details the results of testing performed on your product. Please do not hesitate to contact Soncea Braden-Mccann at 734-827-3811 if you have any questions about your product.test results. Authorized by: �� �' Date: 25-JUN-2009 Clifton Mclellan - Director,Toxicology Services F120090625131843 A-00036450 Page 2 of 8 This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark. 'Authorization to use the NSF Mark is limited to products appearing in the Company's Official NSF Listing(www.nsf.org). The results relate to those items tested. NSF International General Information Standard: 060-DRINKING WATER TREATMENT CHEMICALS-HEALTH EFFECTS Cell Class - NA Collected Retain Samples YES DCC Material Code - NA DCC Number/Tracking ID DA02366 Date Collected - 07-MAY-09 Lot Number - 107504 Material/Resin - NA Material Type - NA Maximum Use Level - 94 mg/I Monitor Code - A Performance Standard - NA Primary DCC Number - DA02366 Sample Code - ACEVAL Sample Description - Sodium Hypochlorite Sample Taken From Production Schedule Serles - NA Stabilizer - NA Trade Designation - Sodium Hypochlorite 12.5% Sample id: S-0000662767 Description: Sodium Hypochlorite 12.5% Sampled Date: 10-Jun-2009. Received Date: 10-Jun-2009 Tox Normalization Information: Lab Normalization Information: Calculated NF 0.0959 Date exposure completed 10-JUN-2009 Preparation method used B Final volume of solution 0.5 L MUL 94 mg/L Mass of material used 490 mg Compound Reference Key: SPAC Normalization Calculation: Normalized Result = Test Result ug/L) NF Where NF = MUL(mg/L) - Final Volume Of Solution(L) ( Mass of Material Used(mg) -MUL=Maximum Use Level; -Mass of Material Used=The mass of sample analyzed In the laboratory, -Final Volume of Solution=The volume of water used to dilute the sample, -An additional factor may be used to adjust the analytical result to field use conditions to account for product carryover,flushing, or other assumptions stipulated with the use of the product. If an additional factor Is used,it Is Included In the Information above. es in a ete 9 anize - aYf at on 9 Res t a S to - - . - Chemistry Lab Arsenic ug/L ND(1) ND(1) ND(1) ND(0.1) 1 Pass Barium ug/L ND(1) ND(1) ND(1) ND(0.1) 200 Pass Beryllium ug/L ND(0.5) ND(0.5) ND(0.5) ND(0.05) 0.4 Pass Cadmium ug/L ND(0.2) ND(0.2) ND(0.2) ND(0.02) 0.5 Pass Chromium ug/L ND(1) ND(1) ND(1) ND(0.1) 10 Pass Copper ug/L ND(1) . ND(1) ND(1) ND(0.1) 130 Pass Mercury ug/L ND(0.2) ND(0.2) ND(0.2) ND(0.02) 0.2 Pass Lead ug/L ND(1) ND(1) ND(1) ND(0.1) 1.5 Pass Antimony .-ug/L ND(0.5) ND(0.5) ND(0.5) ND(0.05) 0.6 Pass Selenium ug/L ND(2) ND(2) ND(2) ND(0.2) 5 Pass F120090625131843. A-00036450 Page 3 of 8 This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark.-Authorization to use the NSF Mark islimited to products appearing in the Company's Official NSF Listing(www.nsf.org). The results relate to those items tested. NSF International Sample Id: S-0000662767 cce•to ce Sri, fo testi Pa arneter a _ es It site I MI taus Chemistry Lab(Cont'd) Thallium ug/L ND(0.2) ND(0.2) ND(0.2) ND(0.02) 0.2 Pass Volatiles:Unregulated VOC's by EPA 502.2 Dichlorodifluoromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) Chloromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass Vinyl Chloride ug/L ND(5) ND(0.5) ' ND(5) ND(0.5) 0.2 Pass Bromomethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) Chioroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.04 Pass Trichlorofluoromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 50 Pass Trichlorotrifluoroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass 1,1-Dichloroethylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.7 Pass Methylene Chloride ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass tr4ns-1,2-Dichloroethylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass 1,1-Dichloroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 2,2-Dichloropropane ug/L ND(5) ND(0.5) ND(5) ND(0.5) cis-1,2-Dichloroethylene ug/L ND(5) ND(0.5) ND(5), ND(0.5) 7 Pass Chloroform ug/L ND(5) 0.8 ND(5) ND(0.5) [TTHM] Bromochloromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass 1,1,1-Trichloroethane ug/L ND(5) ND.(0.5) ND(5) ND(0.5) 20 Pass 1,1-Dichloropropene ug/L ND(5) ND(0.5) ND(5) ND(0.5) Carbon Tetrachloride ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass 1,2-Dichloroethane ug/L ND(5). ND(0.5) ND(5) ND(0.5) 0.5 Pass Trichloroethylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass 1,2-Dichloropropane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass Bromodichloromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) [TTHM] Dibromomethane ug/L ND(5) ND(o.5) ND(5) ND(0.5) cis-1,3-Dichloropropene. ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.2 Pass trans-1,3-Dichloropropene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.2 Pass 1,1,2-Trichloroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass .1,3-Dichloropropane ug/L ND(5) ND(0.5) ND(5) ND(0.5) Tetrachloroethylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass Chiorodibromomethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) [TTHM] Chlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass 1,1,1,2-Tetrachloroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1 Pass Bromoform ug/L ND(5) ND(0.5) ND(5) ND(0.5) [TTHM] 1,1,2,2-Tetrachloroethane ug/L ND(5). ND(0.5) ND(5) ND(0.5) 0.2 Pass 1,2,3-Tiichloropropane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 5 Pass 1,3-Dichlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 60 Pass 1,4-Dichlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 7.5 Pass F120090625131843 A-00036450 Page 4 of 8 This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company's Official NSF Listing(www.nsf.org). The results relate to those items tested. I NSF International Sample Id: S-0000662767 i s lec Co t e°srift Nor - cce v"' '0 ` � � C e�i � 'Status - n c Chemistry Lab(Cont'd) 1,2-Dichlorobenzene ug%L ND(5) ND(0.5) ND(5) ND(0.5) 60 Pass Carbon Disulfide . ug/L ND(10) ND(1) ND(10) ND(1) 70 Pass Methyl-tert-Butyl Ether(MTBE) ug/L ND(5) ND(0.5) ND(5) ND(0.5) 50 Pass tert-Butyl ethyl ether ug/L ND(5) ND(0.5) ND(5) ND(0.5) Methyl Ethyl Ketone ug/L ND(50) ND(5) ND(50) ND(5) 400 Pass Methyl Isobutyl Ketone ug/L ND(50) ND(5) ND(50) ND(5) 700 Pass Toluene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 100 Pass Ethyl Benzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 70 Pass m+p-Xylenes ug/L ND(10) ND(1) ND(10) ND(1) [Xylenes] o-Xylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) [Xylenes] Styrene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass Isopropylbenzene(Cumene) ug/L ND(5) ND(0.5) ND(5) ND(0.5) 400 Pass n-Propylbenzene ug/L ND(5) , ND(0.5) ND(5) ND(0.5) 0.3 Pass Bromobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 2-Chlorotoluene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass 4-Chlorotoluene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1,3,5-Trimethylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass tert-Butylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 . Pass 1,2,4-Trimethylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) sec-Butylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass p-isopropyltoluene(Cymene) ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1,2,3-Trimethylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass n-Butylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass 1,2,4-Trichl6robenzene ug/L ND(5)' ND(0.5) ND(5) ND(0.5) Hexachlorobutadiene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1 0.1 Pass 1,2,3-Trichlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) Naphthalene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass Benzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass Total Trihalomethanes ug/L ND(5) 0.8 ND(5) ND(0.5) 8 Pass Total Xylenes ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1000 Pass 1 -If the acceptance criteria is blank and the evaluation status is'Fail',then the criteria used will be noted on the letter accompanying these results. TTHM -Acceptance based on Total Trihalomethanes X lenes -Acceptance based on Total Xylenes Sample Id: S-0000662768 Description: Sodium Hypochlorite 12.5% Sampled Date: 07-May-2009 Received Date: 10-Jun-2009 Tox Normalization Information: Lab Normalization Information: Calculated NF 0.094 Date exposure completed 10-JUN-2009 F120090625131843 A-00036450 Page 5 of 8 This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to-products appearing in the Company's Official NSF Listing(www.nsf.org). - The results relate to those items tested. NSF International Sample Id: S-0000662768 Tox.Normalization Information: Lab Normalization Information: MUL 94 mg/L Compound Reference Key: SPAC Normalization Calculation: 1 kg 103ug Normalized Result =Test Result(mg/kg) NF Where NF MUL(mg/L) ' 108mg 1 mg -MUL=Maximum Use Level; -Unit conversion: 1 kg=10drng, 10wg=1 mg; -An additional factor may be used to adjust the analytical result to field use conditions to account for product carryover,flushing, or other assumptions stipulated with the use of the product. If an additional factor is used,it is included In the information above. MR 9111 g:Pa•ame er`. - Units, esu t" G i is tu ; Chemistry Lab *Bromate,in bleach by Titration(NSF) Bromate mg/Kg 19 19 ug/L 1.8 5 Pass Date Analyzed 16-JUN-2009 1 -If the acceptance criteria is blank and the evaluation status is"Fail",then the criteria used will be noted on the letter accompanying these results. F120090625131843 A-00036450 Page 6 of 8 This report shall not be reproduced,except In its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark.Authorization to use the NSF Mark Is limited to products appearing in the Company's Official NSF Listing(www.nsf.org). The results relate to those items tested. NSF International Common Terms and Acronyms Used: Sample.................... Test result on the submitted product sample after prepared or exposed In accordance with the standard. Control.................... Test result on a laboratory blank sample analyzed in parallel with the sample. Result..................... Sample test result minus the Control test result. Normalized Result... Result normalized in accordance with the test standard to reflect potential at-the-tap concentrations NDQ........................ Result Is below the detection level of the analytical procedure as identified in the parenthesis. DCC Number........... NSF document control code of the registered•formulation of the product tested ug/L........................ Microgram per liter=0.001.milligram per liter(mg/L) SPAC...................... Acceptance criteria of the standard(Single Product Allowable Concentration) References to Testing Procedures: NSF Reference Parameter/Test Description C3022 *Bromate,in bleach by Titration(NSF) C3035 Total Arsenic in Drinking Water by ICPMS(Ref:EPA 200.8) C3038 Barium in Drinking Water by ICPMS(Ref:EPA 200.8) C3041 Beryllium in Drinking Water by ICPMS(Ref:EPA 200.8) C3046 Cadmium in Drinking Water by ICPMS(Ref:EPA 200.8) C3052 Chromium in Drinking Water by ICPMS(Ref:EPA 200.8) C3058 Copper In Drinking Water by ICPMS(Ref:EPA 200.8) C3071 Mercury In Drinking Water by ICPMS(Ref:EPA 200.8) C3100 Lead in Drinking Water by ICPMS(Ref:EPA 200.8) C3113 Antimony in Drinking Water by ICPMS(Ref:EPA 200.8) C3115 Selenium in Drinking Water by ICPMS(Ref:EPA 200.8) C3127 Thallium in Drinking Water by ICPMS(Ref:EPA 200.8) C4416 Volatiles:Unregulated VOC's by EPA 5022 Test descriptions preceded by an asterisk"*°indicate that testing has been performed per NSF International requirements but is not within Its scope of accreditation. Testing Laboratories: Flag Id Address All work performed at: y NSF AA NSF INTERNATIONAL �....e._.._._. (Unless otherwise specified) 789 N.DIXBORO ROAD ANN ARBOR MI 48105 F120090625131843 A-00036450 Page 7 of 8 Final_Std 60Ndan This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company's Official,NSF Listing(www.nsf.org). The results relate to those items•tested. i NSF International About the Standard. NSF/ANSI Standard 60: Drinking Water Treatment Chemicals-Health Effects NSF/ANSI 60 establishes minimum health effects requirements for the chemicals,the chemical contaminants,and the impurities that are directly added to drinking water from drinking water treatment chemicals.It does not establish performance or taste and odor requirements.The standard contains requirements for chemicals that are directly added to water and are intended to be present Jln the finished water as well as other chemical products that are added to water but are not intended to be present in the finished water.Chemicals covered by this Standard include,but are not limited to,coagulation and flocculation chemicals;softening,precipitation,sequestering,pH adjustment,and corrosion/scale control chemicals,disinfection and oxidation chemicals, miscellaneous treatment chemicals,and miscellaneous water supply chemicals. The testing performed to this standard is done to estimate the level of contaminants or impurities added to drinking water when the chemical is used at the"Maximum Use Level"under attestment. Prior to testing,information Is obtained on the formulation and sources of supply used to manufacture the chemical. This information is then reviewed along with the minimum requirements of the standard to establish the potential contaminants of concern. A representative sample of chemical is obtained for testing. The chemical sample is prepared for analysis through specific methods established in the standard based on the type of chemical and then is analyzed for potential contaminants determined during the formulation review. The laboratory results are normalized to represent potential at-the-tap values and then compared to the"single product allowable concentration"(SPAC)established by the standard. The product is found in compliance with the standard if the normalized value is less than or equal to the allowable concentration. I i i I F120090625131843 A-00036450 Page 8 of 8 F1naL Std_60Norm This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company's Official NSF Listing(www.nsf.org). The results relate to those items tested. I MELive safer." r - l-hV #65 Customer: ODYSSEY MANUFACTURING COMPANY .„} Attention: MR. PATRICK H. ALLMAN G 7 W xWr _ 3 x Sample Description: Sodium Hypochlorite t`La.n.d,Wy - �R Trade Designation: Ultrachlor r A SERVICE ` REQUESTED Evaluation Standard: NSF/ANSI Standard 60 i � 1 r ~ Status: Pass Report: 21-APR-2008 r Project Manager: Soncea Braden-Mccann ; hi g. E -fir L. NSF Program: 0045 - DWA Std. 60 (Health Effects fib g Testing) r•. � G NSF INFO Report ID: 25071_A-00029599 k z rfi 'F NSF PA: 9016677 (CLA, TEA) Report Issue: FI20080421 1 1 081 1 own NSF International Test Report This report documents the testing of the referenced product to the requirements of NSF/ANSI Standard 60 (Drinking Water.Treatment Chemicals -.Health tffects). This standard establishes minimum requirements for chemicals, the chemical contaminants, and impurities that are added to drinking water from drinking water treatment chemicals. Contaminants produced as by-products through reaction of the treatment chemical with a constituent of the drinking water are not covered by this Standard., Reference the "About the Standard" section at the end of this report for.additional information about NSF/ANSI Standard 60 and the products covered under this Standard. Sample Description: Sodium Hypochlorite TradeDesignation:. Ultrachlor Test Type: AA-Annual Collection Result: Pass Thank you for having your.product tested by NSF. This report details the results of testing performed on your product. Please do not hesitate to contact Soncea Braden-Mccann at 734-827-3811 if you have any questions about your product test results. Authorized by: � /� Date: 21-APR-2008 Clifton Mclellan- Director,Toxicology Services =120080421110811 A-00029599 Page 2 of 8 he use of the results of evaluations and the reports thereof(if the name of NSF Is in any way used,implied or mentioned),for product(s)not NSF certified,and for ther than Internal purposes,e.g.,internal research,product development,quality assurance,etc.,is prohibited unless specifically authorized by NSF.If so uthorized a date of expiration and conditions relating to the use of the report may be established by NSF and will be indicated in the report." NSF International General Information Standard: 060-DRINKING WATER TREATMENT CHEMICALS HEALTH EFFECTS Cell Class - NA Collected Retain Samples - YES DCC Material Code - NA DCC Number/Tracking ID - DA02366 Date Collected - 14-MAR-08 Lot Number 3/14/08 Material/Resin. - NA Material Type - NA Maximum Use Level - 94mg/I Monitor Code - A Performance Standard - NA Primary DCC Number DA02366 Sample Code - ACEVAL Sample Description Sodium Hypochlorite Sample Taken From - PRODUCTION Schedule Series NA Stabilizer - NA Trade Designation Ultrachlor Sample Id: S-0000518415 Description: Ultrachlor Sampled Date: 10-Apr-2008 Received Date: 04-Apr-2008 Tox Normalization Information: • Lab Normalization Information: Calculated NF • • 0.0965 Date exposure completed 10-APR-2008 Preparation method used B Final volume of solution 0.5 L MUL 94 mg/L Mass of material used 487 mg Compound Reference Key: SPAC Normalization Calculation: Normalized Result = Test Result(ug/L) NF Where NF = MUL(mg/L) t Final Volume Of Solution(L) Mass of Material Used(mg) -MUL=Maximum Use Level; -Mass of Material Used=The mass of sample analyzed in the laboratory; -Final Volume of Solution=The volume of water used to dilute the sample; -An additional factor may be used to adjust the analytical result to field use conditions to account for product carryover,flushing, or other assumptions stipulated with the use of the product. If an additional factor Is used,it is included in the Information above. Chemistry Lab Arsenic ug/L ND(1) ND(1) ND(1) ND(0.1) 1 Pass Barium ug/L ND(1) 2 ND(1) ND(0.1) 200 Pass Beryllium ug/L ND(0.5) ND(0.5) ND(0-5) ND(0.05) 0.4 Pass Cadmium ug/L ND(0.2) ND(0.2) ND(0.2) ND(0.02) 0.5 Pass Chromium ug/L ND(1) ND(1) ND(1) ND(0.1) 10 Pass Copper ug/L ND(1) ND(1) ND(1) ND(0.1) 130 Pass Mercury ug/L ND(0.2) ND(0.2) ND(0.2) ND(0.02) 0.2 Pass Lead ug/L ND(1) ND(1) ND(1) ND(0.1) 1.5 Pass Antimony ug/L ND(0.5) ND(0.5) ND(0.5) ND(0.05) 0.6 Pass Selenium• ug/L ND(2) ND(2) ND(2) ND(0.2) 5 Pass :120080421110811 A-00029599 Page 3 of 8 he use of the results of evaluations and the reports thereof(if the name of NSF is in any way used,implied or mentioned),for product(s)not NSF certified,and for ther than internal purposes,e.g.,internal research,product development,quality assurance,etc.,is prohibited unless speclficalf'y authorized by NSF.If so uthorized a date of expiration and conditions relating to the use of the report may be established by NSF and will be indicated in the report." NSF International Sample Id: S-0000518415 �Asa Te.trng ,a. meter. a,� ni - am'p a (o t o R�esgltJorm eee•f n e Lualua i-o Chemistry Lab(Cont'd) Thallium ug/L ND(0.2) ND(0.2) ND(0.2) ND(0.02) 0.2 Pass Volatiles:Unregulated VOC's by EPA 502.2 DichlorodifIuoromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) Chloromethane ug/L ND(5) ' ND(0.5) ND(5) ND(0.5) 3 Pass Vinyl Chloride ug/L ND(5) ND(0.5) Nb(5) ND(0.5) 0.2 Pass Bromomethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) Chloroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.04 Pass Trichlorofluoromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 50 Pass Trichlorotrifluoroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass 1,1-Dichloroethylene ug/L ND(5) ND(0.5) NQ(5) ND(0.5) 0.7 Pass Methylene Chloride ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass trans-1,2-Dichloroethylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass 1,1-Dichloroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 2,2-Dichloropropane ug/L ND(5) ND(0.5) ND(5) ND(0.5) cis-1,2-Dichloroethylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 7 Pass Chloroform ug/L ND(5) ND(0.5) ND(5) ND(0.5) [TTHM] Bromochloromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass 1,1,1-Trichiordethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 20 Pass 1,1-Dichloropropene ug/L ND(5) ND(0.5) ND(5) ND(0.5) Carbon Tetrachloride ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass. 1,2-Dichloroethane ug/L ND(5) ND.(0.5) ND(5) ND(0.5) 0.5 Pass Trichloroethylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass 1,2-Dichloropropane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass Bromodichloromethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) [TTHM] Dibromomethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) cis-1,3-Dichloropropene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.2 Pass trans=1,3-Dichloropropene ug/L ND(5) ND(0.5) ND(5) -ND(0.5). 0.2 Pass 1,1,2-Trichloroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass 1,3-Dichloropropane ug/L ND(5) ND(0.5) ND(5) ND(0.5) Tetrachloroethylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass Chlorodibromomethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) [TTHM] Chlorcbenzene ug/L ND(5) 0.5 ND(5) ND(0.5) 10 Pass 1,1,1,2-Tetrachloroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1 Pass Bromoform. ug/L ND(5) ND(0.5) ND(5) ND(0.5) [TTHM] 1,1,2,2-Tetrachloroethane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.2 Pass 1,2,3-Trichloropropane ug/L ND(5) ND(0.5) ND(5) ND(0.5) 5 Pass 1,3-Dichlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 60 Pass 1,4-Dichlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 7.5 Pass :120080421110811. A-00029599 Page 4 of 8 'he use of the results of evaluations and the reports thereof(if the name of NSF is in any way used,implied or mentioned),for product(s)not NSF certified,and for ther than internal purposes,e.g.,internal research,product development,quality assurance,etc.,is prohibited unless specifically authorized by NSF.If so uthorized a date of expiration and conditions relating to the use of the report may be established by NSF and will be indicated in the report." NSF International Sample Id: S-0000518415 O�Tes' � _ a 9 r - t - Resu( C �t ( St tits Chemistry Lab(Cont'd) 1,2-Dichlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 60 Pass Carbon Disulfide ug/L ND(10) ND(1) ND(10) ND(1) 70 Pass Methyl-tert-Butyl Ether(MTBE) ug/L ND(5) ND(0.5) ND(5) ND(0.5) 50 Pass Methyl Ethyl Ketone ug/L ND(50) ND(5) ND(50) ND(5) 400 Pass Methyl Isobutyl Ketone ug/L ND(50) ND(5) ND(50) ND(5) 700' Pass Toluene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 100 Pass Ethyl Benzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 70 Pass m+p-Xylenes ug/L ND(10) ND(1) ND(10) ND(1) [Xylenes] o-Xylene ug/L ND(5) ND(0.5) ND(5) ND(0.5) [Xylenes] Styrene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass Isopropyltienzene(Cumene) ug/L ND(5) ND(0.5) ND(5) ND(0.5) 400 Pass n-Propylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass Bromobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 2-Chlorotoluene ug/L ND(5) ND(0.5) ND(5) ND(M) 10 Pass 4-Chlorotoluene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1,3,5-Trimethylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass tert-Butylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass 1,2,4-Trimethylbenzene ug/L ND(5) ND(0,5) ND(5) ND(0.5) sec-Butyl benzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass p-Isopropyltoluene(Cymene) ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1,2,3 Trimethylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass n-Butylbenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.3 Pass 1,2,4-Trichlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) Hexachlorobutadlene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.1 Pass 1,2,3-Trichlorobenzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) Naphthalene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 10 Pass Benzene ug/L ND(5) ND(0.5) ND(5) ND(0.5) 0.5 Pass Total Trihalomethanes ug/L ND(5) ND(0.5) ND(5) ND(0.5) 8 Pass Total Xylenes ug/L ND(5) ND(0.5) ND(5) ND(0.5) 1000 Pass 1 -If the acceptance criteria is blank and the evaluation status is"Fail',then the criteria used will be noted on the letter accompanying these results. TTHM -Acceptance based on Total Trihalomethanes [Xylenes]-Acceptance based on Total Xylenes Sample Id: S-0000518416 Description: Ultrachlor Sampled Date: 14-Mar-2008 Received Date: 04-Apr-2008 Tox Normalization Information: Lab Normalization Information: Calculated NF 0.094 Date exposure completed 09-APR-2008 MUL 94 mg/L Final volume of solution ND(0) 92008042111oa11 A-00029599 Page 5 of 8 'he use of the results of evaluations and the reports thereof(if the name of NSF is in any way used,implied or mentioned),for product(s)not NSF certified,and for ther than internal purposes,e.g.,internal research,product development,quality assurance,etc.,is prohibited unless specifically authorized by NSF.If so uthorized a date of expiration and conditions relating to the use of the report may be established by NSF and will be indicated in the report." NSF International Sample Id: S-0000518416 Tox Normalization Information: Lab Normalization Information: Compound Reference Key: SPAC Normalization Calculation: Normalized Result =Test Result(mg/kg) NF Where NF = MUL(mg/L) 1 kg * 103ug 101rng 1 mg -MUL=Maximum Use Level; 3 -Unit conversion: 1 kg=10 mg, 10 ug=I mg, -An additional factor may be used to adjust the analytical result to field use conditions to account for product carryover,flushing, or other assumptions stipulated with the use of the product. If an additional factor Is used,it is included in the information above. - U ifs a , . e es �No ,Nd F. , � .' A•c pt `nc �a uatio _ 0 s� C it is ) S to Chemistry Lab *Bromate,in bleach by Titration(NSF) Bromate mg/Kg 13 13 ug/L 1.2. 5 Pass Date Analyzed 15- APR- 2008 1 -If the acceptance criteria is blank and the evaluation status Is"Fail',then the criteria used will be noted on the letter accompanying these results. 120080421110811 A-00029599 Page 6 of 8 he use of the results of evaluations and the reports thereof(if the name of NSF is In any way used,implied or mentioned),for product(s)not NSF certified,and for Cher than internal purposes,e.g.,internal research,product development,quality assurance,etc.,is prohibited unless specifically authorized by NSF.If so ithorized a date of expiration and conditions relating to the use of the report may be established by NSF and will be indicated in the report," NSF International Common Terms and Acronyms Used: Sample.................... Test result on the submitted product sample after prepared or exposed in accordance with the standard. Control.................... Test result on a laboratory blank sample analfted`ii5•p6rallel with the sample. Result..................... Sample test result minus the Control test result. Normalized Result... Result normalized in accordance with the test standard to reflect potential at-the-tap concentrations ND()........................ Result is below the detection level of the analytical procedure as identified in the parenthisis. DCC Number..........: NSF document control code of the registered formulation of the product tested ug/L........................ Microgram per liter=0.001 milligram per liter(mg/L) SPAC...................... Acceptance criteria of the standard(Single Product Allowable Concentration) References to Testing Procedures: NSF Reference Parameter/Test Description ----°----------------------------------------------- C3022 *Bromate,in bleach by Titration(NSF) . C3035 Total Arsenic in Drinking Water by ICPMS(Ref:EPA-200.8) C3038 Barium in Drinking Water by ICPMS(Ref:EPA-200.8) C3041 Beryllium in Drinking Water by ICPMS(Ref:EPA-200;8) C3046 Cadmium in Drinking Water by ICPMS(Ref: EPA-200.8) C3052 Chromium in Drinking Water by ICPMS(Ref: EPA-200.8) C3658 Copper in Drinking Water by ICPMS(Ref: EPA-200.8) C3071 Mercury in Drinking Water by ICPMS(Ref:EPA-200.8) C3100 Lead•in Drinking Water by ICPMS(Ref:EPA-200.8) 03113 Antimony In Drinking Water by ICPMS(Ref:•EPA-200.8) C3115 Selenium in Drinking Water by ICPMS(Ref:EPA-200.8) C3127 Thallium in Drinking Water by ICPMS(Ref:EPA-200.8) C4416 Volatiles:Unregulated VOC's by EPA 502.2 Test descriptions preceded by an asterisk"*"Indicate that'testing has been performed per NSF International requirements but is not within its scope of accreditation. Testing Laboratories: Id Address ..._..------------------------------------------ All work performed at: 0. NSF—AA NSF INTERNATIONAL 789 N.DIXBORO ROAD ANN ARBOR MI 48105 FI20080421110811 A-00029599 Page 7 of 8 Final Std 60Norm This report shall not be reproduced,except in its entirety,without the written approval of NSF. This*report does not represent NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company's Official NSF Listing(www.nsf.org). The results relate to those items tested. NSF International About the Standard. NSF/ANSI Standard 60: Drinking Water Treatment Chemicals-Health Effects NSF/ANSI 60 establishes minimum health effects requirements for the chemicals,-the chemical'contaminants,and the impurities that are directly added to drinking water from drinking water treatment chemicals.It does not establish performance or taste and odor requirements.The standard contains requirements for chemicals that are directly added to water and are intended to be present in the finished water as well as other chemical products that are added to water but are not intended to be present in the finished water.Chemicals covered by this Standard include,but are not limited to,coagulation and flocculation chemicals,softening,precipitation,sequestering,pH adjustment,and corrosion/scale control chemicals,disinfection.and oxidation chemicals, miscellaneous treatment chemicals,and miscellaneous water supply chemicals. The testing performed to this standard is done to estimate the level of contaminants or impurities added to drinking water when the chemical is used at the"Maximum Use Level"under attestment. Prior to testing,information is obtained on the formulation and sources of supply used to manufacture the chemical. This information is then reviewed along with the minimum requirements of the standard to establish the potential contaminants of concern. A representative sample of chemical is obtained for testing. The chemical sample is prepared for analysis through specific methods established in the standard based on the type of chemical and then is analyzed for potential contaminants determined during the formulation review. The laboratory results are normalized to represent potential at-the-tap values and then compared to the"single product allowable concentration"(SPAC)established by the standard. The product is found in compliance with the standard if the normalized value is less than or equal to the allowable concentration. F120080421110811 A-00029599 Page 8 of 8 Final Std 60Norrn This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark. Authorization to use the NSF Mark is limited to products appearing in the Company's Official NSF Listing(www.nsf.org). The results relate to those items tested. Job Name: A-00029599 Program Manager: Soncea Braden-Mccann Program ID: 0045 Status: Pass Collection Type: AA-Annual Collection Send To: 25070 ODYSSEY MANUFACTURING COMPANY 1484 MASSARO BOULEVARD TAMPA FL 33619 Attn: MR. PATRICK H. ALLMAN Customer: 25070 Plant: 25071 ODYSSEY MANUFACTURING COMPANY ODYSSEY MANUFACTURING COMPANY 1484 MASSARO BOULEVARD 1484 MASSARO BOULEVARD TAMPA FL 33619 TAMPA FL 33619 Attn: MR. PATRICK H. ALLMAN Attn: MR. PATRICK H. ALLMAN i NSF International © May 7,2007 TEST REPORT Send To: 25070 ODYSSEY MANUFACTURING COMPANY 1484 MASSARO BOULEVARD TAMPA FL 33619 Attn: MR. PATRICK H.ALLMAN Customer: 25070 Plant: 25071 ODYSSEY MANUFACTURING COMPANY ODYSSEY MANUFACTURING COMPANY 1484 MASSARO BOULEVARD 1484 MASSARO BOULEVARD TAMPA FL 33619 TAMPA FL 33619 Attn: MR. PATRICK H. ALLMAN Attn: MR. PATRICK H.ALLMAN Sample Description: Ultrachlor (Sodium Hypochlorite) Trade Designation : Ultractilor Test Type: AA-Annual Collection Thank you for having your product tested by NSF. The enclosed report details the result of the.testing performed on your product. Your program representative will be contacting you in the near future if there are any remaining issues concerning the status of this product. Please do not hesitate to contact us if you have any immediate questions pertaining to your product. Reviewer: �� Status: Pass Clifton Mclellan-Director,Toxicology Services CC: Program: 0045-DWA Std.60(Health Effects Testing) Program Rep SONCEA BRADEN-MCCANN Region: 01 -Domestic PA Project: 255674 Y" F120070507162506 A-00019483 Page i of 5 This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark.Authorization to use the NSF Mark is limited to products appearing in the Company's Official NSF Listing, (www.nsf.org). The results relate only to those items tested. 789 k L.D'1xboro Road,Ann Arbor,Michigan 48105-9723 USA ' 1-800-NSF-MARK 734-769-8010 www.nsf.org General Information Standard: 060-DRINKING WATER TREATMENT CHEMICALS HEALTH EFFECTS s Cell Class - NA Collected Retain Samples - NO DCC Material Code - NA DCC Number/Tracking ID DA02366 = Lot Number - TANK 7-TANKER 5 503140 s Material/Resin - NA Material Type - NA Maximum Use Level - NA Monitor Code A Performance Standard - NA Primary DCC Number - DA02366 Sample Code - ACEVAL Sample Description - Sodium Hypochlorite Sample Taken From - BULK Schedule Series - NA Stabilizer - NA Trade Designation Ultrachlor v- i Sample Id: S-0000383942 Description: Ultrachlor ' ;;?. Sampled Date: 04/17/2007 Received Date: 04/13/2007 Tox Normalization Information: Lab Normalization Information: Calculated NF 0.0968 Date exposure completed 17-APR-2007 ! i; Final volume of solution 0.5 L _P1 Preparation method used B j Mass of material used 485.6 mg MUL 94 mg/L , _ t -. 'Y .,,�"-- .'Sa�"C q ;-s• C.? � °�`fi' v 3„zss"'Y;;i `sit- a fir. �. '�-"; 7-s<u?a t �,i .. t.,x5----eia sa a' �.. _ -LL ,�; � m� : r .a;„.,' 3� ..� O1• ,,.f�O,r.: - c>l Nil, 1R '` -��'�i'_�•k�usaa�SY}�zs r.�}�''.`�"�.�1t"�.`�s�'�••"f���.";�����7� . :. "�z � ,:,ARE,.- .. .i�� 3 „�. g.. ,...�- �"?s_. .. .s. -5:..7�-�;F:�r.�:�'�"au_ �_._,x +� =Chemistry Lab -••- •-.-.____._..__._ I "a -- ---- ----------------...-_... 7 Total Arsenic in Drinking Water by ICPMS(Ref: EPA-200.8) j Arsenic ND(1) ND(1) ND(1) ug/L ND(0.1) ug/L Barium in Drinking Water by ICPMS(Ref:EPA-200.8) Barium ND(1) ND(1) ND(1) ug/L ND(0,1) ug/L ...._._.____._....__...__-_.--........_._........................__.__.___.___._...._.__.___.__.___-__.-_.__......_.-_.___.-.-..._.._._............_.__-__.-...._... _._.__.__.__-_ ____.__..__..___._.____ �•Y Beryllium in Drinking Water by ICPMS(Ref:EPA 200.8) Ufa `:? '�----•-----------_-__-------------- ---------.-__ -------------------------------------..._---------_______ Lei Beryllium ND(0.5) ND(0.5) ND(0.5) ug/L ND(0.05) ug/L sl = Cadmium in Drinking Water by ICPMS(Ref:EPA-200.8) ', , - Cadmium ND(0.2) ND(0.2) ND(0.2) ug/L ND(0.02) ug/L r Chromium in Drinking Water by ICPMS(Ref:EPA-200.8) u' Chromium ND(1) ND(1) ND(1) ug/L ND(0.1) ug/L {FY Copper in Drinking Water b ICPMS Ref:EPA-200.8 PP 9 Y ( ) Copper ND(1) ND(1) ND(1) ug/L ND(0.1) ug/L I � a Mercury in Drinking Water by ICPMS(Ref:EPA-200.8) i V.5 Mercury ND(0.2) ND(0.2) ND(0.2) ug/L ND(0.02) ug/L Lead in Drinking Water by ICPMS(Ref:EPA-200.8) 't Lead ND(1) ND(1) ND(1) ug/L ---- -- ug/L '' Antimony in Drinking Water by ICPMS(Ref:EPA-200.8) t -------... ---� ---.._.._....._._._-. .....-- Antimony ND(0.5) ND 0.5) ND(0.5) ug/L ND 0.05) ug/L I 1 __._.____..-.._..____...._____.._ __..-..._.._.__...., r Selenium in Drinking Water by ICPMS(Ref:EPA 200.8) ;2 _____ - -- - ._.......-_._.... -- - -- -------- - Selenium ND(2) ND(2) ND(2) ug/L ND(0.2) ug/L 5 ..__...__.____._........__..__.____....__._.................... ._ [; Thallium in Drinking Water by ICPMS Ref:EPA-200.8) F120070507162506 A-00019483 Page 2 of 5 1,1KI This report shall not be reproduced,except In its entirety,without the written approval of NSF. This report does not represent NSF r '' Certification or authorization to use the NSF Mark.Authorization to use the NSF Mark is limited to products appearing in the Company's l ') Official NSF Listing,(www.nsf.org). The results relate only to those items tested. ` Original reports bear a light blue NSF Mark and border. Sample Id S-0000383942 (Cont'd) "Mug,fir, r .., x ,� :. r .c: . . e-Y•-r > ;y�� ;. g xt'-3 3$.""F'F ,. as t_.$„E �G �r ` .ctip:ryes f2 d !, i sit 57tir� - -- G3 - r Chemistry Lab(Cont'd) Thallium ND(0.2) ND(0.2) ND(0.2) ug/L 1- ND(0.02) ug/L ----_---------_-... ..._.__..._._..._..__.... ---...-I j Volatiles:Unregulated VOC's by EPA 502.2 Dichlorodifluoromethane ND(2) ND(0 5) ND(2) ug/L ND(0.2) ug/L i _. . ... ..._._. _ _.._........_... --_._._.._.--- ... Chloromethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L _... -..- - - ----__..._.. ..__._. ....... ............... .------- - - .._..... ..._._._... Vinyl Chloride ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L 1 _. .. __.._.._.._.._...-- -- _. ...._............... --._... -.._..._ ---...._._...._.. - - ...._._..__. . ._..... . __. ._ _..__.._..� .. Chloroethanene.............._ ._..... ---- ------...._ND(2�.._.-._.__..___ND(0.5)-'. . ND(2) -...._.._ _ug/L ND(0.2)... ._.. ug/L ...__I __..._.._.._....._.. __. ._.._....._..__._......_..._.._._.._............ ._..__. ...._._._.._. i{ Trichlorofluoromethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L -._ _..__... .... __...._. _.__..._......_..._. ..__..._..... .............. ...._.._.._..-_._.................... ._._..... ..._.__.-___.. ._.__..___.__..._.. .._. __.__...._.......... .._... ......__.___...____._._...-._........_...__.._ .,_j Trichlorotrifluoroethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L 1,1 Dic III o roe thylene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L f .. -.-._____ ._____.__............__...__._......__.__.._...__.._.. . --._...... ._ ___._._.._._._...._ _. __......_...___. .__. _. _ ..... _..__.......__.__.- Methylene Chloride ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L ._.__.. ---. trans-1,2-Dichloroethylene ND(2) ND(0.5) ND(2) ug/L ND(0 2) ug/L __. ._.__... ----- -----..._........--._.._._. ._.. __._...__ . ._.- ........... . _..._._.__ .. 1,1-Dichloroethane ND(2) ND(0.5). ND(2) ug/L ND(0.2) ug/L i rj _.. ......_ ..._ ..- -....._ ...___.._...-.-._.__._..._.._-._._...._...__......__......._..........._ . _.___-._ . ._-_ __._.____. _...._. . ..__..._._...._ _ ._................. ..... 2,2-Dichloropro_p_a n.e... .. .... - -- . ..._.._ ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L ._...__..._............. .. a cis-1,2-Dichloroethylene ND(2) ND(0.5) ND(2) ug/L ND(0 2) ug/L Chloroform ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L j Bromochlorom ethane ND(2) ND(0.5) ND(2) ug/L ND(0 2) ug/L -...-_......._.............-- _ -.... --- _....-_.. ._.._..........._ ._. _._ ..-.-._..._..____.. .__. ( ) ug/L 111 3, 1,1,1-Trichloroethane ND(2) ND(0.5) ND(2) ug/L ND 0.2 - ---- -- - --...---------.............-..... _..- 1,1-Dichloropropene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L ;) _ ----------- - ----- ... _....... -- --------------- -- Carbon Tetrachloride ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L ! ----_------- -- _ ------...--- -... ...---._.._------ 1 1,2-Dichloroethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L I --------------- --- -- Trichloroethylene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L U ------------------------ - ------- --_ -----------....---------- --------- ------------- ---.._.. __.-.....-- - --.._.... 1,2-Dichloropropane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L 1 i.-..._ .. _ - ... _____- -_....-- - ------- - - - - - Bromodichloromethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L f Dibromomethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L cis-1,3-Dichloropropene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L trans-1,3-Dichloropropene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L ---- -------------------------------------------_•--_----- ------ ----- __ -- -- -_- _ -----_ -- ---- -- --- _ _ 1,1,2 Trichloroethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L 3 1,3-Dichloropropane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L --------------- --- Tetrachloroethylene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L I sl -----Chlorodibromomethane -----..-_ _ ND(2) -- - -ND(0.5�..... ND(2) ...----�g��-- -- ND(0.2)_--------u9� -- j Chlorobenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L j 1,1,1,2-Tetrachloroethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L 'I - -....---•----- -------..._... __ _-------_....----- -- -._..." - - _...__... B1,2,2 Tetrachloroethane ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L _.._.._. _............ ------------______�_.__.____.._.._...._._....___.-...--.-_._.............----.---.------.-___--.__-._....__�.__.___..._..._..._.___._.__., r 1,2,3-Trichooropropane ...-.-........._ND 2) - _...__..ND(0.5) _ ND(2) - ug/L ND 0.2) ug/L I 1,3-Dichlorobenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L r 1,4 Dichlorobenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L 1,2-Dichlorobenzene ND(2) ND 0.5 ND(2) ug/L ND 0.2 ug/L i 1 Carbon Disulfide ND(5) ND(1) ND(5) ug/L ND(0.5) ug/L ; Methyl-tert-Butyl Ether(MTBE) ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L - - - ---- ----- - _...... _ ----) Methyl Ethyl Ketone ND(25) ND(5) ND(25) ug/L ND(2) ug/L 1 Methyl Isobutyl Ketone ND(25) ND(5) ND(25) ug/L ND(2) ug/L Toluene ND(2) =, ....._.._...__....._..._. ND(0.5) ND(2) ug/L ND(0.2) ug/L ----...__.._..-------._.._ ----- Ethyl Benzene ND(2) ND(Q.5) ND(2) ug/L ND(0.2) ug/L u F120070507162606 A-00019483 Page 3 of 5 a This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF Certification or authorization to use the NSF Mark.Authorization to use the NSF Mark is limited to products appearing in the Company's �` { it Official NSF Listing,(www.nsf.org). The results relate only to those items tested. r � Original reports bear a tight blue NSF Mark and border. __4..C'3.... Sample Id S-0000383942 (Cont'd) WO ,.fm-WEN r'zg s ".. RAZE, _tz n f.y, 'r�x..,�°z ...a'kT - '- s ,'�tx -T� .F .-:.: 'E.. ...ter �"�,. Y ::.;�&' Drill 'r`e a top"'� ��4:a 3�. x�s y.�,� rY 5 �a.- > .. ,f. ss: .�?ms:'r'?'�„ X'x:q�,.L - -. � �5 Chemistry Lab(Cont'd) I ._.. --•-- _ _ ...._. . ---------._-._._._....-. ... ------ -- _...- = j m+p-Xylenes ND(5) ND(1) ND(5) ug/L ND(0.5) ug/L o-Xylene ND(2) ND(0 5) ND(2) ug/L ND(0.2) ug/L ; ... .. . ......__....__._.... ._._.:.. _. - .. - - ---..._ --....-- -._....---. . -........_....._.. Styrene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L _..._-._.----_._....._.._..._.......__....._._----..__...._.___ ._._.....____-......-- ----___...__._..._._._ __.-_---._----..___.__-.___.----..-...__._.._...__......................._ _._.._..__._-------------..._.......__-.__._ Isopropylbenzene(Cumene) ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L -- _..._.. -__.._ .... - ...._ _--._... - ----- __- -- _.._..----._..-------------------------' - - -- ...-- __ _.. ...,. - - _' I n-Propylbenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L .... _.......__....-_.._._.... ._...... ._. .---- ' -........_..--"--- _.._.._..-- --.... - ...._.--'--- ----.._.._._..._....- Bromobenzene ND(2) ND(O.5) ND(2) ug/L ND(0.2) ug/L ....._._..__........_._. ..__.....__...._.._.. -- I 2 Chlorotoluene..._ Np(2) _..... ND(0.5) ND(2)... ..__..-ug�L ND(0.2) ug/L !...._. __..^ ...... _.......... gL 4-Chlorotoluene N2 N05) D2) u 2 ug/L ------------------.------- ---- _ { 'a) 1,3,5-Trimethylbenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L tart-Butylbenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L ' !._ _-------------•-------------------------------- --- - -- - - - --- -- _ _ -- -- --- ---- --- -...._..__... - .._... 1,2,4-Trimethylbenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L i sec Butylbenzene ND_..(_2_.-) N..._D.._(0-.5._). N_._D_(2).._.____.._._.._ug._/_L- N_.D._.._(0_.-2). ug/L ..................._.._..._......._.._._._ ___......... p-Isopropyltoluene(Cymene) ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L _I i 1,2,3-Trimethylbenzene ND(2) ND(0.5) ND(2) ug/L ND 0.2 ug/L . ( ) ----._... _ - - --.2) -----------a n-Butylbenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L 1 ! 1,2,4-Trichlorobenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L G ........ °-_- ------- .._.. --- -- - ------ -.._......-- --- -- - -------- -- _ _ - ----- -....--- -+ Hexachlorobutadlene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L ...._.... --- _........_.. ..._...._........ 1,2,3-Trichlorobenzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L Naphthalene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L I x . ;i Benzene ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L _< Total Trihalomethanes ND(2) ND(0.5) ND(2) ug/L ND(0.2) ug/L ! 'fJ Sample.id: S-0000383943 Description: Ultrachlor r Sampled Date: 03/14/2007 r{ Received Date: 04/13/2007 a Tox Normalization Information: Lab Normalization Information: Calculated NF 94.0 Date exposure completed 13-APR-2007 ' MUL 94 mg/L r j k fv, fr' :." " ls„S'^i""'r �°``i � .: '�� � a ° :-� h.4a•- =�'"_ r a. -- .r4 '�`_-_ ;�,�:.. '`t. � '1 Stt r 6 rarrret Ps;l ' �:....� ���� - F Chemistry Lab t, Bromate,in bleach by Titration(NSF) ?: 10 /K m 10 L Bromate 1 ug/L mg/Kg Date Analyzed 20 APR-2007 _....... --_-----_.__.__....---..._...___.... - f a" F120070507162606 A-00019483 Page 4 of 5 This report shall not be reproduced,except In its entirety,without the written approval of NSF. This report does not represent NSF tazi Certification or authorization to use the NSF Mark.Authorization to use the NSF Mark is limited to products appearing in the Company's Official NSF Listing,(www.nsf.org). The results relate only to those items tested. ; a Original reports bear a light blue NSF Mark and border. " f� Testing Laboratories: Id Address -------------- -----------------------------------°--- a All work performed at: — NSF_AA NSF INTERNATIONAL 789 N.DIXBORO ROAD ANN ARBOR MI 48105 References to Testing Procedures: NSF Reference Parameter/Test Description 03022 *Bromate,In bleach by Titration(NSF) C3035 Total Arsenic in Drinking Water by ICPMS(Ref:EPA-200.8) C3038 Barium in Drinking Water by ICPMS(Ref:EPA-200.8) C3041 Beryllium in Drinking Water by ICPMS(Ref:EPA-200.8) ' C3046 Cadmium in Drinking Water by ICPMS(Ref:EPA-200.8) C3052 Chromium in Drinking Water by ICPMS(Ref:EPA-200.8) f C3058 Copper in Drinking Water by ICPMS(Ref:EPA-200.8) C3071 Mercury in Drinking Water by ICPMS(Ref:EPA-200.8) I C3100 Lead in Drinking Water by ICPMS(Ref:EPA-200.8) Syi C3113 Antimony in Drinking Water by ICPMS(Ref:EPA-200.8) 03115 Selenium in Drinking Water by ICPMS(Ref:EPA 200.8) a C3127 Thallium in Drinking Water by ICPMS(Ref:EPA-200.8) C4416 Volatiles:Unregulated VOC's by EPA 502.2 Test descriptions proceeded by an asterisk"*"indicate that testing has been performed per NSF International requirements but is not within its scope of accreditation. S-; �T - My `i i tt Final td 60No,rm I IIIIIII II I IIII II II IIIII IIIII I III II I I III II II II I IIII Page 5 of 5 rs, i A-00019483 tz This report shall not be reproduced,except in its entirety,without the written approval of NSF. This report does not represent NSF ?` 4.11 Certification or authorization to use the NSF Mark.Authorization to use the NSF Mark is limited to products appearing in the Companya >? Official NSF Listing,(www.nsf.org). The results relate only to those items tested. 7f Original reports bear a light blue NSF Mark and border. ?I Shiptin-ti'Report *A-0`Ob" J483* SHIP TO: Company:25070-ODYSSEY MANUFACTURING COMPANY NSF INTERNATIONAL Plant: 25071..-ODYSSEY MANUFACTURING-COMPANY 789 WDIXBORO ROAD MR.PATRICK ALLMAN ANN ARBOR MI 48105 1484 MASSARO BOULEVARD Phone:734-769-8010 TAMPA,FL 33619. UNITED STATES Program Rep SONCEA BRADEN-MCCANN Program ID :.0045-DWA Std.60(Health Effects Testing) Job Description : ANNUAL CHEMICAL EVALUATION-A-Sodium Hypochlorite Sample Description : ANNUAL CHEMICAL EVALUATION-A-Sodium Hypochlorite PA Project-Jobs : 255674-55674(CLA,TEA) Collection Notes From Primary DCC#:DA02366 Please follow the Standard 60 Sample Collection Guide(SOP AF-260- 0001)regarding sample to be collected. Sample description&.quantity: �pY7tt3 ��© All-s 4- Product indentifier/Lot ID DCC# NSF USE ONLY: Collected By: Ke✓tj ��t�CiZTSo- ( Collection Date n Check this box if one-or more non-authorized formulation items were cited for this product during the audit. r7 Check this box if a non-auditor selected the sample.Manufacturer certification statement is required. Manufacturer Certification Statemeht:I ceitifythat:the:sample.subi iitted•to NSF under this shipping report was prepared in accordance with the most current authorized registered formulation or documentation reoprt for this product. Name: Signature: Date:. http://Iocalhost/oasisga/viewEditEPSF.do?type=report&epsfNO=A-00019483&form=&inp... 3/14/2007 i NSF International Revisions to NSF/ANSI Standard 60 -2005 To: NSF 60 Listed and Applied Companies From: Blake Stark, Manager,Water Treatment Chemicals Date: July 12, 2007 Re: Implementation Plans for Revisions to NSF/ANSI Standard 60 NSF/ANSI Standard 60-2005 has recently been revised. PDF copies of the addendum with these revisions are available via your NSF Online account(http://clients.nsf.org)or you may contact your Certification Project Manager to receive either a PDF or hard copy version. T,.7., „��vers;oi.{NSF/A ,N–S4-d0 1005;Addendum�)-h,elude,the€�1,5wt�=g re.vi5ieriTs: -- - Significant figures (Section 1.5) [new section added] Effective compliance date: July 1, 2008 Standard 60 has been updated to identify the method of rounding to be applied to test results prior to comparison to the acceptance criteria. Previous to this version, NSF rounded test results to the same number of significant digits as are contained in the acceptance criteria they are compared to. The Standard now requires that all of the significant figures of the laboratory results be used when performing this comparison. For example, in the past if the pass/fail criterion for a contaminant was 10 (1 significant figure) and the normalized concentration of contaminant was 14 (2 significant figures based on analysis method), the evaluation would be a pass since 14 would be rounded back to 10(1 significant figure). Now using the"absolute method"(ASTM E29)of rounding this example would result in a failure as both of the significant figures in the lab result(14)are compared to the acceptance criteria (10). Sampling-Annex B.2 Changes have been made to the sampling procedures described in Annex B, sections B.2.1 and B.2.2,which include addition of procedures for sampling from retains. These revisions have been previously implemented by NSF auditors during sample collections due.to practical necessity and therefore no effective implementation date is required. -- -- - ---- " --- -Normative drin-Icing wa er criten-"'a-Anne—z-U--V- --- - - - Additional criteria have been established for unregulated contaminants in Tables D2 and D4. Please note that the footnote in Table D1 that states that the Single Product Acceptable Concentration (SPAC)for bromate will be lowered to from 0.005 mg/L to 0.003 mg/L in 2005 is still under evaluation by the Joint Committee, and the existing SPAC for bromate of 0.005 mg/L is still the criteria being used. If you have any questions or concerns please contact me directly at+1734 769 5480 or email stark @nsf.org. 789 N.Dixboro Road,Ann Arbor,Michigan 48105-9723 USA 1-800-NSF-MARK 734-769-8010 www.ns£org ■ S MANUFACTURING CO, Odyssey Manufacturing Co. Sodium Hypochlorite Reference List Bob Polizzi, City of Edgewater, WTP Superintendent, 386-424-2490 Tom Milazzo, Bonita Springs Utilities, RO Chief Operator, 239-390-4823 Scott Berge, Pasco County, WT Maintenance Manager, 727-847-8145 Jim Kaplan, Pasco County, Chief Water Operator, 727-834-3255 Shawn Kopko, City of Cape Coral, Water Production Supt, 239-574-0877 Andy Fenske, City of Cape Coral, Chief Operator, 239-574-0877 Brian Fenske, City of Cape Coral, Everest WWT Plant Supt, 239-574-0872 Keith McGurn, City of Bradenton, WT Superintendent, 941-727-6366 Mike Richardson, JEA, WTP Superintendent, 904-665-6819 Ron Weiss, City of Marco Island, RO Plant Supervisor, 239-642-5405 Jeff Poteet, City of Marco Island, WWT Plant Superintendent, 239-394-5595 - Tim Gregory, TOHO Water Authority, WT Superintendent, 407-518-0613 - Jim Smith, City of Deltona WT/WWT Superintendent, 386-574-2181 - Pat Henderson, City of Palm Coast, WWT Chief Operator, 386-986-2343 Pete Roussell, City of Palm Coast, RO Plant Chief Operator, 386-986-2348 Jim Hogan, City of Palm Coast, WT Manager, 386-986-2374 Ron Cartwright, The Dumont Company, President, 407-365-8222 Cal Boris, Applied Specialties, Power Plant Consultant, 813-390-3138 Bill Kuederle, Manatee County, WTP Superintendent, 941-746-3020 Chad Denny, Lee County, WT Superintendent, 239-694-4038 Jon Meyer, Lee County, Utility Operations Manager, 239-357-8163 Mike Missoff, Sarasota County, WT Superintendent, 941-316-1371 Jim Conley, Sarasota County, WT Manager, 941-861-1510 Sam Butler, City of Ormond Beach, WWT Superintendent, 386-676-3592 Steve Parks, City of Venice, Chief WT Operator, 941-486-2770, Ext. 236 Larry Weimke, City of Mulberry, WTP Supervisor, 863-425-5492 Richard Anderson, WT Superintendent, Tampa Bay Water, 813-929-4551 Shannon Roberts, Polk County, WT Operations Supervisor, 863-298-7919 Marvin Drake, Plant Chemist, Indiantown Co-generation plant, 561-597-6500 Kay McCormick, Hillsborough County, Water Manager, 813-264-3815 Mark Lehigh, Hillsborough County, Water Manager, 813-744-5544 Terry Carver, City of Winter Haven, WWT Superintendent, 863-291-5763 Steve Warder, City of Winter Haven, WT Superintendent, 863-291-5767 Dale Waller, Collier County, North WWT Plant Chief Operator, 239-597-5355 Steve Miller, City of Port Orange, WT Chief Operator, 386-756-5380 Pete Williams, FP&L Indiantown, Plant Chemist, 772-597-7387 Robbie Parks, United Water, Operations Manager, 904-260-5562 Jim Parks, City of Stuart, WTP Superintendent, 772-288-5343 David Parker, St. Johns County, WWTP Superintendent, 904-209-2642 Jamie Hope, Gainesville Regional (GRU), WRF Director, 353-393-6616 Steve Bozman, Charlotte County, Operations Manager, 941-764-4595 .' = '. � a 2�,' zs. , " t `�F?. �z -J;�� �.�.t. � ��� zry, `�exs�' ""�� �,.=� -`r* ? <, ✓' ,t'* -„y'- f '.. 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PROTECTION AGENCY yz REGION 4 ATLANTA FEDERAL CENTER i = 61 FORSYTH STREET 44 PROS�-G�`O ATLANTA,GEORGIA 30303-8960 August 6, 2008 Mr. Marvin Rakes RECEIVED AUG 13 2008 Odyssey Manufacturing Company 1484 Massaro Boulevard Tampa,Florida 33619 fi SUBJECT: Odyssey Manufacturing Company Closure Letter ` Dear Mr.Rakes: This is a letter of acknowledgment that Odyssey Manufacturing Company has fulfilled the conditions of the Consent Agreement and Final Order,Docket No.EPCRA- 04-2008-2037(b),filed on July 3, 2008. The U.S. Environmental Protection Agency, Region 4,Emergency Planning and Community Right-to-Know Act Enforcement Section considers this matter closed. If you have any questions, please contact Ms.Erika White at(404) 562-9195... I . Sincerely, C . Caron B.Falconer Chief, EPCRA Enforcement Section J Intemet Address(URL)• http-//www.apa.gov Recycled/Recyclable.Printed with Vegetable 09 Based Inks on Recycled Paper(Minimum 30%Postconsumer) ODYSSEY MANUFACTURING CO. MATERIAL SAFETY DATA SHEET REVISED 1/11/10 SECTION I CHEMICAL PRODUCT AND COMPANY IDENTIFICATION ODYSSEY MANUFACTURING CO. EMERGENCY RESPONSE NUMBER: 1484 Massaro Boulevard 1-800-ODYSSEY (FLORIDA) Tampa,Florida 33619 1-813-635-0339 (OUTSIDE FLORIDA) 1-813-635-0339(24 hours) 1-813-340-9093 (Control Room Cell Phone) SUBSTANCE: SODIUM HYPOCHLORITE TRADE NAME: Ultra-CHLOR CHEMICAL NAME/SYNONYMS: Sodium Hypochlorite Solution,Bleach Solution,Bleach Liquor,Hypo- solution,Bleach,and Liquid Bleach, CAS NUMBER: 7681-52-9 CHEMICAL FAMILY: Alkali FORMULA:NaOCI DOT PROPER SHIPPING NAME: Hypochlorite Solution DOT HAZARD CLASS: 8 (Corrosive) PG III;PG II(For solutions greater than 16%available chlorine) DOT IDENTIFICATION NO: UN1791 RQ: 100 pounds(Approximately 100 gallons of Odyssey Ultrachlor 12.5 Trade Percent Sodium Hypochlorite) DOT EMERGENCY GUIDE NO: 154 SECTION II COMPOSITION INFORMATION ON INGREDIENTS INGREDIENT(S): Sodium Hypochlorite (NaOCI) 10.0-20.0%wt Sodium Hydroxide (NaOH) 0.1 -0.4%wt Water (H2O) 79.7-89.9%wt SECTION III HAZARDS IDENTIFICATION NFPA CLASSIFICATION(SCALE 0-4): Health=2 Fire=O Reactivity=l EC CLASSIFICATION(ASSIGNED): C(Corrosive) EMERGENCY OVERVIEW COLOR: Yellow PHYSICAL FORM: Liquid ODOR: Chlorine Odor MAJOR HEALTH HAZARDS: Respiratory Tract Burns, Skin Burns,Mucous Membrane Burns,and Eye Irritation HAZARDOUS MIXTURES WITH OTHER LIQUIDS, SOLIDS,OR GASES: Reacts violently with acids liberating chlorine gas. Also reacts with organic substances. Reaction with water is not exothermic. 1 i POTENTIAL HEALTH EFFECTS INHALATION: • SHORT TERM EXPOSURE: Irritation to respiratory tract. May have same as effects reported in other routes of exposure,burns,blisters,nausea, difficulty breathing,and lung congestion. • LONG TERM EXPOSURE: Same as effects reported in short term exposure. SKIN CONTACT: • SHORT TERM EXPOSURE: Irritant,reddening of the skin. May have burns,blisters, and itching • LONG TERM EXPOSURE: Same as effects reported in short term exposure. EYE CONTACT: • SHORT TERM EXPOSURE: Irritation(possibly severe),possible eye damage • LONG TERM EXPOSURE: Same as effects reported in short term exposure. INGESTION: • SHORT TERM EXPOSURE: Burns,vomiting stomach pain,disorientation,bluish skin color,convulsions, coma • LONG TERM EXPOSURE: Same as effects reported in short term exposure. CARCINOGEN STATUS OSHA: N NTP: N IARC: N SECTION IV FIRST AID MEASURES INHALATION: Remove from exposure and get fresh air. Use a bag valve mask or similar device to perform artificial respiration(rescue breathing)if needed. Keep warm and at rest. Get medical attention immediately if artificial respiration is required. SKIN CONTACT: Remove contaminated clothing,jewelry,and shoes immediately. Flush affected area with large amounts of water,preferably a safety shower. Use soap or mild detergent and large amounts of water until no evidence of chemical remains(at least 15-20 minutes). For burns,cover affected area securely with sterile, dry, loose fitting dressing. If skin is burned,get medical attention immediately. EYE CONTACT: Wash eyes immediately with large amounts of water,occasionally lifting upper and lower lids, until no evidence of chemical remains(at least 15 minutes). Continue irrigating with a normal saline solution until ready to transport to physician. Cover with sterile bandages. Get medical attention immediately. INGESTION: Rinse mouth with water. Drink large quantities of milk(water if no milk is available). Milk of magnesia may be helpful. DO NOT USE ACIDIC ANTIDOTES SUCH AS SODIUM BICARBONATE. When vomiting occurs,keep head lower than hips to help prevent aspiration. If person is unconscious, do not induce vomiting and turn their head to the side. Never make an unconscious person vomit or drink fluids. Get medical attention. NOTE TO PHYSICIAN: For inhalation, consider oxygen. For ingestion, avoid gastric lavage,emesis,sodium bicarbonate and acid solutions. Consider the use of antacids. SECTION V FIRE FIGHTING MEASURES FLASH POINT: Non-flammable FLAMMABLE LIMITS: Non-flammable FIRE AND EXPLOSION HAZARDS: Negligible fire hazard. Toxic fumes can be liberated by contact with acid or heat. EXTINGUISHING MEDIA: Regular dry chemical, carbon dioxide,water,or foam suitable for surrounding fire. For large fires,use regular foam or flood with fine water spray. FIRE FIGHTING: Wear self-contained breathing apparatus and full protective clothing. Move container from fire area if it can be done without risk. Cool containers with water spray until well after the fire is out. Stay away from the ends of tanks. Use extinguishing agents appropriate for surrounding fire.Do not get water directly on material. For large fires,flood with fine water spray. Reduce vapors with water spray. Apply water from a protected location or from a safe distance.Avoid body contact or inhalation of material or combustion by- products. Stay upwind and keep out of low areas. 2 SECTION VI ACCIDENTAL RELEASE MEASURES OCCUPATIONAL RELEASE: Do not touch spilled material. Stop leak if possible without personal risk. For small spills,collect spilled material in appropriate container for disposal and consider absorbing with sand or other non-combustible material(e.g.,do not use sawdust or other combustible material). Be advised,however, that the use of absorbing material is creating hazardous waste and this absorbing material must now be disposed of properly. Collect spilled material in appropriate container for disposal. For small dry spills,move containers away from spill to a safe area. For large spills,dike for later disposal. If possible,do not allow material to enter sewers,streams,ponds or storm conduits as concentrated solutions will seriously injure aquatic life. Keep unnecessary people away,isolate hazard area and deny entry. Contain in as small an area as possible,such as a holding area for dilution and neutralization. Contain spill in plastic drums when available. Dispose of in accordance with Federal, State,and local regulations. Personnel engaged in cleanup operations must be equipped with NIOSH approved respirator protection,rubber boots,gloves,and clothing to avoid body contact. Reportable Quantity(RQ): 100 pounds(approximately 100 gallons of Odyssey Ultrachlor 12.5 Trade Percent sodium hypochlorite). In the event of a spill(e.g.,defined as any release to the environment), call Odyssey Manufacturing and/or the emergency contact numbers as soon as possible. For releases higher than the Reportable Quantity(RQ),you must notify either the State Emergency Response Commission(U.S. SARA Section 304)at(800)320-519 or the National Response Center at(800)424-8802 or(202)426-2675(CERCLA Section103). Both are tied together and will communicate to the other. ADVANCE PLANNING: Plan in advance for an occupational release and have necessary equipment and neutralization agents on-site. Contact Odyssey Manufacturing for assistance. SECTION VII HANDLING AND STORAGE Store in vented,closed containers that provide protection from direct sunlight. Keep separated from incompatible substances and do not store near acids, ammonia,heat,or oxidizable materials or organics. When handling,do not mix with other cleaning agents that may liberate chlorine gas vapors(e.g.,acidic agents). Store and handle in accordance with all current regulations and standards. SECTION VIII EXPOSURE CONTROLS AND PERSONNEL PROTECTION EXPOSURE LIMITS: 2 mg/m3 AIHA recommended STEL 15 minute(s)for Sodium Hypochlorite VENTILATION: Provide local exhaust ventilation system. Ensure compliance with applicable exposure limits. EYE PROTECTION: Splash goggles are preferred to a faceshield. Another option is to wear splash resistant safety goggles with a faceshield. Provide an emergency eye wash fountain and quick drench shower in the immediate work area. CLOTHING: It is recommended to wear appropriate chemical resistant clothing to avoid body contact such as a rubber apron or rain suit. Boots are preferred for footwear. GLOVES: Wear appropriate chemical resistant gloves. RESPIRATOR:Under conditions of frequent use or heavy exposure,respiratory protection may be needed. Respiratory protection is ranked in order from minimum to maximum. Consider warning properties before use. • Any chemical cartridge respirator with organic vapor cartridge(s). • Any chemical cartridge respirator with a full facepiece and organic vapor cartridge(s) • Any air-purifying respirator with a full facepiece and an organic vapor canister • Any supplied-air respirator with full facepiece and operated in a pressure-demand or other positive-pressure mode in combination with a separate escape supply(Use for Unknown Concentrations or those that may be Immediately Dangerous to Life or Health) • Any self-contained breathing apparatus with a full facepiece (Use for High Concentrations or those which are immediately Dangerous to Life or Health) SECTION IX PHYSICAL AND CHEMICAL PROPERTIES PHYSICAL APPEARANCE: Liquid APPEARANCE AND ODOR: Clear-Chlorine odor like household bleach. COLOR: Greenish—Yellowish cast MOLECULAR WEIGHT: 74.44 MOLECULAR FORMULA: Na-O-CI 3 BOILING POINT: Degrades at 230 Degrees Fahrenheit FREEZING POINT: 7 Degrees Fahrenheit SPECIFIC GRAVITY: 1.15 - 1.17 at 60 Degrees Fahrenheit PH: Approximately 11 - 13 VAPOR PRESSURE (mm HG): Vapor Pressure of water + decomposition product Vapor Pressure VAPOR DENSITY: Not Available SOLUBILITY IN WATER: Complete VOLATILITY: Not Available EVAPORATION RATE: >1 COEFFICIENT OF WATER/OIL DISTRIBUTION: Not Available SECTION X STABILITY AND REACTIVITY REACTIVITY: Stable at normal temperatures and pressure. CONDITIONS TO AVOID: Avoid heat,flames,sparks and other sources of ignition. Dangerous gases may accumulate in confined spaces. May ignite or explode on contact with combustible materials. INCOMPATIBLES: Acids,metals,amines,combustible materials,reducing agents. Specific reactions with sodium hypochlorite include the following: ACIDS: Violent reaction. ALUMINUM: Corrosive action. AMINES: Form explosive chloramines. AMMONIA: Form explosive chloramines. AMMONIUM SALTS: May form explosive product. BENZYL CYANIDE(ACIDIFIED): Explosive reaction. CELLOLOSE: Violent reaction ETHYLENEIMINE: Forms explosive 1-chloroethyleneimine. FORMIC ACID: Explosive mixture. METHANOL: May form explosive compound. NITROGEN COMPOUNDS: Forms explosive N-chloro compounds. ORGANIC AND COMBUSTIBLE MATERIALS: Fire and explosion hazard. OXALIC ACID: Intense reaction REDUCING AGENTS: Fire and explosion hazard ZINC: Corrosive HAZARDOUS DECOMPOSITION: Thermal decomposition products—Chlorine and Hydrochloric Acid Vapors Decomposition Products—Hypochlorous Acid Vapors POLYMERIZATION: Will not polymerize. SECTION XI SODIUM HYPOCHLORITE TOXILOGICAL INFORMATION IRRITATION DATA: 10 mg eyes—rabbit moderate TOXICITY DATA: lgm/kg oral-woman;TDLo;45mg/kg intravenous-man TDLo; 5800 mg/kg oral-mouse LD50; 140 mg/kq/9 week(s)continuous oral-rat TDLo CARCINOGEN STATUS: According to the IARC,animal inadequate evidence,human no adequate data,Group 3 (Hypochlorite salts) LOCAL EFFECTS: Corrosive: inhalation,skin contact,eye, ingestion hazards ACUTE TOXICITYLEVEL: Slightly Toxic if ingested MUTAGENIC DATA: Mutation in micro organisms—Salmonella typhimurium ling/plate(-S9);DNA repair—Escherichiacoli 20ug/ disc;DNA damage—Esoherichiacoli 420 umol/L;phage inhibition capacity—Esoherichiacoli 103 ug/well; micronucleus test-non-mammalian species multiple 200 ppb;cytogenetic analysis-non-mammalian species multiple 120 ug/L;cytogenetic analysis—human lymphocyte 100 ppm 24hour(s); sister chromatid exchange— human embryo 149 mg/L;cytogenetic analysis—hamster lung 100 mg/L HEALTH EFFECTS: INHALATION ACUTE EXPOSURE: May cause severe bronchial irritation,sore throat with possible blistering,coughing, 4 stomatitis,nausea,labored breathing,shortness of breath and pulmonary epedema. 10-20 mg/m3 causes burning of the nose and throat;40-60 mg/m3 may be fatal. If sufficient amounts are absorbed,may cause effects as detailed in acute ingestion. CHRONIC EXPOSURE: No data available. SKIN CONTACT ACUTE EXPOSURE: Extent of damage depends on concentration,pH,volume of solution and duration of contact.May cause redness,pain,blistering,itchy eczema and chemical burns. Sensitization reactions are possible in previously exposed persons. CHRONIC EXPOSURE: Effects depend on concentration and duration of exposure.Repeated or prolonged contact with corrosive substances may result in dermatitis or effects similar to acute exposure.Allergic dermatitis has also been reported. EYE CONTACT ACUTE EXPOSURE: May cause redness,pain,and blurred vision. Solutions of 5%splashed in human eyes have caused a burning sensation and later only slight superficial disturbance of the corneal epithelium which cleared completely in the next day or two without special treatment. However,one animal study reports a 5% solution causing only moderate irritation with clearing within 7 days. A higher concentration of 15%tested on rabbit eyes caused immediate severe pain,hemorrhages,rapid onset of ground-glass appearance of the corneal epithelium,moderate bluish edema of the whole cornea,chemosis and discharge for several days. Such eyes have sometimes healed in 2-3 weeks with slight or no residual corneal damage but they had neovascularization of the conjunctiva and distortion of the nictitating membrane by scarring. CHRONIC EXPOSURE: Depending on concentration and duration of exposure,symptoms may be as those of acute exposure. INGESTION ACUTE EXPOSURE: May cause irritation and erosion of the mucous membranes,vomiting(possibly bloody) and abdominal pain and spasms. A drop in blood pressure,shallow respiration,edema(possibly severe)of pharynx,larynx,and glottis,confusion, convulsions,delirium and coma may occur. Cyanosis and circulatory collapse are possible.Esophageal or gastric perforation and strictures are rare.Death may occur,usually due to complications of severe local injury such as toxemia,shock,perforations,hemorrhage,infection and obstruction. Massive ingestions may produce fatal hyperchloremic metabolic acidosis or aspiration pneumonitis. CHRONIC EXPOSURE: Sensitization reactions are reported in individuals who are exposed in small amounts through their water supply.High doses have caused sperm abnormality in mice. SECTION XII ECOLOGICAL INFORMATION ECOTOXICITY DATA: FISH TOXICITY: 94.0 ug/L 96h hour(s)LC50(Mortality)Cutthroat trout (Oncorhynchus clarki) INVERTEBRATE TOXICITY: 31.6 ug/L,7 hour(s) 1050(Species Diversity)Protozoan phylum(Protozoa) ALGAL TOXICITY: 90 ug/L 96 hour(s)LC50(Mortality)Algae,phytoplankton,algai mat(Algae) PHYTOTOXICITY:230 ug/L 35 hour(s)(Biomass)Curled pondweed(Potamogeton crispus) OTHER TOXICITY:2.1 ug/L 28 day(s)(Chlorophyll)Aquatic community(Aquatic community) ENVIRONMENTAL SUMMARY: Highly toxic to aquatic life. SECTION XIII DISPOSAL CONSIDERATIONS Subject to disposal regulations: U.S.EPA 40 CFR 262. Hazardous Waste Number(s): D001.Dispose in accordance with all applicable regulations. SECTION XIV TRANSPORT INFORMATION U.S.DOT 49 CFR 172.101 SHIPPING NAME-UN NUMBER: Sodium Hypochlorite)-UN1791 U.S.DOT 49 CER 172.101 HAZARD CLASS OR DIVISION: 8 U.S.DOT 49 CFR 172 .101 PACKING GROUP: III(less than 16%available chlorine)/II(16%or more available chlorine) U.S.DOT 49 CFR 172.101 AND SUBPART E LABELING REQUIREMENTS: Corrosive U.S.DOT 49 CFR 172.101 PACKAGING AUTHORIZATIONS: 5 EXCEPTIONS: 49 CFR 173.154 NON-BULK PACKAGING: 49 CFR.173.203 (less than 16%available chlorine)/49 CFR 173.202(16%or more available chlorine) BULK PACKAGING: 49 CFR 173.241 (less than 16%available chlorine)/: 49 CFR 173.242(16%or more available chlorine) U.S. DOT 49 CFR 172.101 QUANTITY LIMITATIONS: PASSENGER AIRCRAFT OR RAILCAR: 5 LITERS/(less than 16%available chlorine)/ 1 LITERS(16%or more available chlorine) CARGO AIRCRAFT ONLY: 60 LITERS/(less than 16%available chlorine)/30 LITERS(16%or more available chlorine) SECTION XV REGULATORY INFORMATION U.S.REGULATIONS TSCA INVENTORY STATUS: Y TSCA 12(b)EXPORT NOTIFICATION:Not listed. CERCLA SECTION 103 (40CFR302.4): Y SODIUM HYPOCHLORITE: 100 LBS RQ SARA SECTION 302(40CFR355.30) :N SARA SECTION 304(40CFR355.40):N SARA SECTION 313 (40CFR372.65) :N SARA HAZARD CATEGORIES, SARA SECTIONS 311/312(40CFR370.21): ACUTE: Y CHRONIC: N FIRE: N REACTIVE: N SUDDEN RELEASE:N OSHA PROCESS SAFETY(29CFR1SIO.119): N STATE REGULATIONS: California Proposition 65:N EUROPEAN REGULATIONS: EC NUMBER(BINECS) :231-668-3 EC RISK AND SAFETY PHRASES: R31 Contact with acids liberates toxic gas. R34 Causes burns. S 'h Keep locked-up and out of reach of children. S 28b After contact with skin,wash immediately with plenty of soap and water. S45 In case of accident or if you feel unwell,seek medical advice immediately(show the label where possible) S50 Do not mix with incompatible materials. CONCENTRATION LIMITS: C>10% C R 31-34 5%<=C<=10% Xi R 31-36/38 GERMAN REGULATIONS: WATER HAZARD CLASS(WGK) :2(Official German Classification) SECTION XVI OTHER INFORMATION For additional information,contact our technical service department. Information contained in this MSDS refers only to the specific material designated and does not relate to any process or use involving other materials. This information is based on data believed to be reliable,and the Product is intended to be used in a manner that is customary and reasonably foreseeable. Since actual use and handling are beyond our control,no warranty, express or implied,is made and no liability is assumed by Odyssey Manufacturing in connection with the use of this information. 6 City of Eusfis P.O. Drawer 68 Eustis, Florida 32727-0068 (352)483-5430 NOTICE TO BIDDERS Sealed bids will be received by the Purchasing Department, 10 North Grove St., 3rd Floor, Eustis, Florida up to 3:00 p.m., on March 3, 2010, for: City Bid #001-10 PURCHASE&DELIVER OF SODIUM HYPOCHLORITE Bid forms and specifications may be obtained at the above address or by calling 352-483-5475. Plans and specifications may be viewed at area plan rooms. Bids will be publicly opened in the Eustis Commission Chambers, City Hall, 10 North Grove Street, shortly after 3:00 pm, March 3, 2010. Any bids received after the specified date and time of bid opening will not be considered regardless of whether any bid has actually been opened prior to submittal of a late bid. The City reserves the right to accept any bid which in its opinion best serves the interest of the City and/or to reject any and all bids or any portion thereof, to make award by individual items, groups of items or a combination thereof and to waive technicalities or informalities in bids received. Persons with disabilities needing assistance to participate in any of these proceedings should contact the office of the City Clerk at(352) 483-5440, at least 48 hours before the date of the scheduled meeting. If a person decides to appeal any decision made by any board, agency or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings and that, for such purposes, he or she may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. (Florida Statutes, 286.0105). By: Tracy M. Jeanes, CPPB Purchasing Director February 17, 2010 •Telephone: (352) 483-5475 • Fax: (352) 357-2971 • E-Mail:jeanest @ci.eustis.fl.us • URL: http://www.eustis.org uity of Eustis j I P.O. Drawer E8 � Eustis, Florida 52727-0058 _. (352) 483-5430 ... BID NO. #001-10 DATE: February 16, 2010 DESCRIPTION - Delivery of Sodium Hypochlorite to the City of Eustis Water Dept and Wastewater Dept. BID EVALUATION PERIOD- Sixty(60) Days After Bid Opening BID SUBMITTAL—Sealed bids shall be submitted to Purchasing Department PO Drawer 68, Eustis, FL 32727-0068, or hand delivered to 10 N. Grove Street, 3rd Floor, Eustis, FL 32726 up until the advertised date and time. It is the bidder's sole responsibility to assure that his/her bid is complete and delivered at the proper time and place. Any bids received after the advertised date and time of bid opening will not be considered. Bids shall be presented in a sealed envelope and identified with the following information on the outside of the envelope: BID NO.: #001-10 OPENING DATE/TIME: Wednesday, March 3, 2010(aD 3:00 p.m. BID HEADING: Purchase& Delivery of Sodium Hypochlorite Bid forms and construction plan specifications maybe obtained at the above address or by calling 352-483-5475. Specifications maybe viewed at area plait rooms and at DentandStar.com. BID OPENING—Bids will be opened in the Eustis Commission Chambers, City Hall, and read aloud shortly thereafter. All bidders and the general public are encouraged to attend the bid opening. BID WITHDARAWAL—Bids may be withdrawn or modified up to the advertised date and time of opening. Withdrawal request shall be in writing. The City reserves the right to require proper identification of any party making such a request, No bid may be withdrawn subsequent to bid opening ACCEPTABLE BID FORMAT- Bid format provided by the City is the only acceptable format on which a vendor may return his bid. Bids submitted on any other format shall be disqualified. Any additional information relative to the bid should be submitted on separate format. EXECUTION OF BID—Each bid sheet shall contain a manual signature of an authorized representative in the space(s) provided. All information shall be legible and either written in ink or typed. All corrections(additions or erasures) made by the bidder to any entry shall be dated and initialed in ink. BID ADDENDA—All changes in connection with this bid will be issued by the City in the form of a written addendum. Signed acknowledgement of receipt of each addendum shall be submitted with the bid response. CONDITIONAL BIDS—The City of Eustis reserves the right to reject bids containing any additional terms and conditions not specifically requested in the bid solicitation. ACCURACY OF BID—Bids are read aloud and made a part of the public record of the City. Therefore, it is necessary that information presented is accurate and that by which the awarded bidder will complete the contract. Should there be a discrepancy between the unit price and an extended total,the unit price shall prevail. TAXES-The City is exempt from Federal and State Sales taxes on direct purchases of material and equipment. Do not include taxes in bid price if bid is for direct purchase of material or equipment. However, contractors shall not be exempt from paying sales tax to their suppliers on materials for contracts with the City. City of Eustis Bid #001-10 Page 1 l BRAND NAME OR EQUAL- Items called for by this invitation identified in the specifications by a"brand name or equal'description, but not restrictive, and are to indicate the quality and characteristics of products that will be acceptable. Bidders wishing to submit "equal" products may do so if they have received approval on their product,from the city, prior to the bid opening. If approved, the bidder must clearly indicate in the bid response that he/she is offering an approved"equal' product, or else the bid shall be considered as offering the same brand name product referenced in the specifications. CLARIFICATION/CORRECTION OF PROPOSAL ENTRY—The City of Eustis reserves the right to allow for the clarification of questionable entries and for the correction of obvious mistakes. PRICING - Firm prices shall be bid and include FOB Destination, all packaging, handling, shipping charges and delivery,to any department or any point within the City to a secure area or inside delivery. ADDITIONAL TERMS AND CONDITIONS-The City of Eustis reserves the right to reject bids containing any additional terms or conditions not specifically requested in the bid solicitation. SAFETY WARRANTY-The selling dealer, distributor, supplier and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations and laws concerning the equipment specified, and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private and government agencies. CANCELLATION- It is the intention of the City to purchase materials from sources of supply that will give prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the City shall be reason for termination of the award. EEO STATEMENT-The City is committed to assuring equal opportunity in the award of contracts and believes in equal opportunity practices which conform to both the spirit and the letter of all laws prohibiting discrimination because of race, color, sex, age, national origin, or handicap. PUBLIC ENTITY CRIMES-A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of 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 Florida Statute, Section 287.017,for Category Two for a period of thirty-six(36) months from the date of being placed on the convicted vendor list. INTEREST OF CITY AND OTHER OFFICIALS—No member, officer or employee of the City of Eustis, or its delegates or agents, no member of the governing body of the City of Eustis or any other public official who exercises any functions or responsibilities in the City of Eustis or in the locality of this project,shall have any interest, direct or indirect, in any sale or contract or subcontract, or the proceeds thereof, during his/her tenure and for one year thereafter for work to be performed under this contract. The successful bidder shall include the above provisions in every subcontract so that these provisions shall be biding upon each subcontract. RESERVATION-The City of Eustis reserves the right to accept any bid which in its opinion best serves the interest of the City, and/or reject any of all bids, or to waive technicalities or informalities in bids received. AWARD-This bid may be awarded in part of whole as best serves the interest of the City of Eustis. All awards made as a result of this bid shall conform to all applicable ordinances of the City of Eustis. Questions regarding the specifications should be directed to the Purchasing Director,Tracy M. Jeanes @ 352-483-5475. City of Eustis Bid #001-10 Page 2 I SCOPE This is a bid to furnish and deliver liquid sodium hypochlorite (12,5 Trade Percent Available Chlorine) FOB destination to the City of Eustis Water and Wastewater plants, in accordance with the American Water Works Association's (AWWA's) Standard B-300-04 for hypochlorite, except as modified or supplemented herein. II INSTRUCTIONS TO BIDDERS A. Submittals- 1 . Bid Format- Bid format provided by the City of Eustis is the only acceptable format on which a contractor may return his/her bid, Bids submitted on other format shall be disqualified. 2. Bid Addenda - Contractor shall acknowledge receipt of any and all addenda with the bid response. Such addenda as may be required due to changed conditions or to clarify the specifications will be mailed or delivered prior to the date and time set for the bid opening and shall become part of the specifications, 3. Subcontractors - On the attached subcontractor list, please provide proposed subcontractors, indicating the portion of the work which will be subcontracted. 4. Drug Free Workplace-The bidder shall complete the attached Drug Free Workplace Certification Form, 5. Vendor Representative - Identify all personnel that will be assigned to the city, including phone contact information for emergencies, as well as contact person to request product sample. 6. Location of Facility- Identify the location of the manufacturing facility that will supply the city the sodium hypochlorite, along with the contact information for the person that the city will be dealing with 7. Representative Sample: Each prospective Bidder shall submit a 1500 ml "chilled" sample of their product representative of their manufacturing process from Bidder's manufacturing facility which would serve the customer, to one of the approved testing laboratories listed in this Specification for analysis. The laboratory shall ascertain whether the Bidder's product is in compliance with this Specification for available chlorine, % sodium hypochlorite, excess caustic, iron, copper, nickel, chlorate, perchlorate, bromate and suspended solids (based on Filter Test time). The cost of the analysis shall be borne by Bidder. The results of the analysis shall be submitted with the Bidder's proposal. In addition, the Bidder shall have their laboratory send a copy of the analysis results directly to the City (e-mail: jeanest @ci.eustis.fl.us). 8. National Sanitation Foundation Sample Results (NSF): Each prospective Bidder shall submit a copy of their last three years of complete NSF sample results of their product. Results shall City of Eustis Bid #001-10 Page 3 be from the same manufacturing facility supplying their product which would serve the city. The City shall use these results to ensure compliance with the Specification. The results of the NSF sample analysis shall be submitted with the Bidder's proposal, 9. References and Past Performance: Each prospective Bidder shall submit a list of at least five (5) references to include phone numbers from customers that currently use or have used their sodium hypochlorite at both water and wastewater treatment plants in the past three years. The References shall list actual end users at the water and wastewater plants. Additionally, each Bidder shall provide the names of any customers where its contract was terminated early (e.g., debarred) for safety, quality, or service issues for any product they supplied over the past five years. 10. Safety and Reliability Report / OSHA Logs: As part of assessing the Bidder's reliability and safety record, the Bidder shall disclose all regulatory actions, including but not limited to, copies of any fines, correspondence and consent orders relating to the operation of ALL of its manufacturing and distribution facilities that serve the Florida market (This does not pertain to FDOT fines or fees). Additionally, the Bidder shall submit a copy of its OSHA Form 300A/300 logs for the past three years. If the Bidder utilizes a third party driving company or affiliated company, then they shall submit the OSHA 300 logs for that company as well. Logs shall be submitted for the entire company in addition to any subsidiaries or subcontractors who will serve the Contractor. The Bidder shall also provide a detailed listing of all accidents, incidents, releases, spills and vehicle accidents involving death or injury and National Response Center Notifications ("Safety Incidents") for all chemicals it delivers or manufactures for the past three (3) years. 11 . Emergency Call Data - Each bidder shall furnish a list of five (5) of the most recent emergency service calls they made to a customer. Data shall outline the details of the emergency and the contact name and phone number of the customer. B. Visit to Site-As part of the bid evaluation process, the City reserves the right to visit the Bidder's manufacturing and/or distribution facilities to assess their safety and reliability. Also, it is highly recommended that the bidder/contractor visit the city delivery sites to become fully informed as to the conditions that exist and under which he/she must make deliveries, and by bidding represents that he/she has read and understands the bid documents. Site visits shall be arranged by contacting the Purchasing Department at 352-483-5475. C. Ability to Perform Work- Bidder's may be required, before the award of contract, to show to the complete satisfaction of the City that he/she has the necessary organization, equipment, ability and financial resources to perform the work in a satisfactory manner and within the time specified. The contractor may also be required to show that he/she has had experience in construction work of the same or similar nature and to provide references. D. Sales Tax-The bidder shall include in his bid, and shall pay all Florida state sales tax in accordance with existing laws and regulations. E. Evaluation and Award - Bids will be evaluated on the basis of cost. It is the City's intent to award a contractor the lowest responsible/responsive bidder. However, the City reserves the right to accept any bid which in its opinion best serves the interest of the City. The City also reserves the right to reject any or all bids or any part thereof and to waive technicalities or City of Eustis Bid #001-10 Page 4 i i informalities deemed minor in nature. The City reserves the right to award this bid in part or in whole. All awards made as a result of this bid shall conform to all applicable ordinances of the City of Eustis. 111. GENERAL TERMS AND CONDITIONS A. Contractor's Insurance- Certifications of contractor's insurance shall be filed with the City prior to contract execution in amounts not less than: Worker's Compensation - As required by law and per statutory limits for all employees, policy shall include Employer's Liability with a limit of $500,000 each accident, $500,000 each employee, $500,000 policy limit for disease. Commercial General Liability-Shall have minimum limits of not less than $300,000 per occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $600,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury. Damage to rented premises shall be included at a minimum of $100,000. Business Auto Policy-Shall have minimum limits of not less than $300,000 per occurrence for bodily injury and property damage liability. This shall include owned vehicles, hired and non- owned vehicles. This policy shall be endorsed to provide contractual liability coverage. The successful contractor shall include the City and any subcontractors as insured under all policies except Worker's Compensation, and shall furnish separate certificates and endorsements for each subcontractor. B. Subcontractors -The contractor may subcontract those portions of the work which are specialized in character, and which, under normal contracting practices, are performed by specialty contractors. The contractor shall submit with the bid response a list of proposed subcontractors indicating the portion of the work which will be subcontracted. The contractor shall be fully responsible to the City for the acts and omissions of subcontractors. There shall be no contractual relationship between the City and the subcontractor. C. Submission of Supporting Documents-The successful bidder shall furnish all required documents within ten (10) working days after notification of award. If the successful bidder fails to furnish said documents within the ten (10) day time frame, the City may withdraw the award and award to the next lowest responsible, responsive bidder. D. Subcontractor's Insurance-The successful contractor shall require any subcontractors to procure and maintain during the life of the contract public liability and property damage and vehicle liability insurance in amounts satisfactory to the contractor. E. Conformance to Standards-All products purchased under this contract shall meet or exceed all applicable local, state and federal regulations. City of Eustis Bid #001-10 Page 5 F. Patents-The successful contractor shall hold and save the City, its officers, agents and employees harmless from liabilities of any nature, for or on account of, any patented or unpatented invention, process or appliance used in the performance of this contract, including its use by the City during completion of the project. G. Laws and Ordinances-The contractor and subcontractors shall comply with all federal, state and municipal laws and regulations affecting this work. H. Chancres in Work-The City may, at any time, by written notice, make such changes as it deems expedient and in the best interest of the City. If the change involves a difference in cost not covered by the contract, an equitable adjustment to the contract, either increase or decrease, shall be made by written agreement between the City and the contractor. All changes increasing costs or adding days to the contract shall be approved by the City before any work is undertaken. I. Right to Terminate Contract- In the event that any of the provisions of the contract are violated by the contractor, or by any subcontractor, the City may serve written notice upon the contractor and the surety of its intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the contractor, such violation or delay ceases and satisfactory arrangement of corrections is made, the contract shall upon the expiration of said ten (10) days, cease and terminate. J. Reassignment of Contract-The contractor shall not assign or transfer any of its rights, duties, benefits, obligations, liabilities or responsibilities under this contract without the written consent of the City (except assignments to banks, trust companies or other financial institutions). No assignment or novation of this contract shall be valid unless it expressly provides that the assignment of any of the contractor's rights or benefits under the contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this contract in favor of all persons, firms or corporations rendering such labor or services or supply of such materials, tools or equipment. K. Care of Work-The contractor shall be responsible for all damage to persons or property that occur as a result of his/her fault or negligence in connection with the persecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and acceptance, whether or not the same has been covered in whole or in part by payments already made by the City. The contractor shall avoid damage as a result of his/her operations to existing buildings, sidewalks, streets, curbs, pavements, utilities and adjoining property; and shall at his/her own expense, completely repair any damage thereto caused by his/her operations, to a condition equal to or better than previously existed. These repairs shall require an inspection by and the approval of the City. L. Accident Prevention- No employee in the performance of this contract shall be required to work in surroundings or under conditions, which are hazardous or dangerous to his/her health or safety as per standards promulgated by the Secretary of Labor. The contractor shall exercise proper precaution at all times for the protection of persons and property, either on or off the site, which occur as a result of the work. City of Eustis Bid #001-10 Page 6 I M. Hold Harmless-The contractor shall indemnify and save the City harmless from any claims, demands, damages, fines, or fees on appeal of any kind and nature arising from the performance of the contract whether by act or omission of the contractor, its agents, servants or employees or because of or due to the mere existence of the contract between the parties. N. Mediation - Except for claims for indemnity arising out of or relating to a lawsuit filed by or against any party to this Agreement, the parties mutually agree that any dispute that may arise under this Agreement will be submitted to a mediator agreed to by both parties as soon as such dispute arises, but in any event prior to the commencement of arbitration or litigation. Such mediation fees and mediator's expenses. The parties agree to exercise their best efforts in good faith to resolve all disputes in mediation. O. Venue-Any action, i.e., mediation, arbitration or litigation, shall be held in Lake County, Florida. IV SPECIAL CONDITIONS A. Coordination of Work—On site deliveries for the Water Dept. shall be coordinated with the Director of Water, Mr. Erwin Gajentan, or his designee, at 352-357-5618. On site deliveries for the Wastewater Dept. shall be coordinated with the Director of Wastewater, Mr, Bill Johnston, or his designee, at 352-357-3777. B. Term of Contract: The initial term of the contract shall be for three (3) years, renewable annually upon mutual consent of both parties, with an option for an additional (3) three year renewal period, renewable annually upon mutual consent of both parties. C. Pricing: All pricing shall be in terms of a price per gallon (freight prepaid FOB to each City facility). V REQUIREMENTS A. DELIVERY REQUIREMENTS 1. Contractor shall make "normal" deliveries within two (2) calendar (i.e., not "working" days) days after receipt of order and must make "emergency" deliveries within 24 hours. An emergency delivery is defined as a delivery which is necessary in order to prevent The City of Eustis from running out of sodium hypochlorite in less than 24 hours. The City of Eustis shall endeavor to minimize the number of"emergency" deliveries. 2. All deliveries of liquid sodium hypochlorite shall be freight prepaid, F.O.B. to each City of Eustis facility. 3. Delivery time of day shall be arranged upon placement of order. Deliveries made to unmanned facilities must be coordinated with the City of Eustis so the driver can gain access to the facility. 4. All deliveries of liquid sodium hypochlorite shall be made by properly cleaned carrier tank or flatbed truck to the locations specified below. 5. Packaging and shipment of liquid sodium hypochlorite shall conform to all current regulations of the State of Florida, the United States Department of Transportation and all other applicable regulatory agencies. 6. The City of Eustis reserves the right to change quantities and delivery dates at its discretion, upon 24-hour notice. 7. The Contractor shall be responsible for pumping liquid sodium hypochlorite into the storage tanks at the delivery sites and shall provide all necessary hoses, fittings, air-padding, pumps, etc. required to safely and efficiently "offload" the liquid sodium hypochlorite into designated storage tanks. Contractor shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of the product into the wrong storage tank(s). City of Eustis Bid #001-10 Page 7 i 8. The Contractor shall be responsible for any spills resulting from the failure of its or its subcontractor's delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require attendant delivery personnel's constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The City of Eustis reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking sodium hypochlorite. 9. The tanks or trailers shall be clean and free of residue that may contaminate the Contractor's product or impede the unloading process. It is the Contractor's responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be supplied by the Contractor and shall be clean and free from contaminating material. Contractor shall furnish The City an approved, leak-free connection device between the trailer and its intake receptacle. The Contractor shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The Contractor shall take immediate and appropriate actions to clean up any spilled liquid sodium hypochlorite. If the spill is not cleaned up, The City will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charge to the Contractor and deducted from the amount due to the Contractor. If The City 's unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the Contractor or its subcontractor, the Contractor shall be relieved of cleanup of the spill. 10. Because of security and safety concerns, all delivery vehicle drivers shall be U.S. citizens and have a proper commercial driver's license with a Hazardous Material endorsement. Contractor's drivers shall produce their driver's license and employer identification badge, upon request by City staff. Failure to show these items shall result in rejection of delivery and subsequent possible termination of the Contractor's supply agreement. B. DELIVERY LOCATIONS 1. Delivery sites and quantities are subject to fluctuations as necessary to meet the water production and wastewater treatment demands of the City of Eustis. 2. Split deliveries to multiple locations will be coordinated and accepted by The City of Eustis, when possible, to encourage economical delivery of product via bulk tankers, and dependent on storage capacities at time of delivery. However, Bidder should note the Minimum Delivery requirement for each item and be prepared to deliver this quantity when required at no additional cost. 3. Liquid Sodium Hypochlorite consumption at each location is an estimate only and the City of Eustis shall not be bound by these amounts in its contract with Contractor. In FY 2010, the City projects to use 105,000 gallons of"bulk" sodium hypochlorite. 4. Delivery Locations: BULK LOCATIONS STORAGE CAPACITY ESTIMATED ANNUAL QUANTITY Bates Avenue Wastewater Plant 3 - 1,100 GALLONS 54,000 GALLONS 801 Bates Avenue Eustis, FL 32726 East Wastewater Plant 2 - 1,100 GALLONS 6,000 GALLONS 33840 Cardinal Lane City of Eustis Bid #001-10 Page 8 Eustis, FL 32726 Hazelton Water Plant 2 - 1,100 GALLONS 12,000 GALLONS 700 Hazelton Eustis, FL 32726 Ardice Water Plant 2 - 1,100 GALLONS 17,000 GALLONS 400 Ardice Eustis, FL 32726 C.R. 44 Water Plant 2 - 1,100 GALLONS 16,000 GALLONS 3351 County Road 44 Eustis, FL 32726 C. PRODUCT MATERIAL REQUIREMENTS 1. Hypochlorite supplied under this contract shall be tested and certified as meeting this Specification, the AWWA Standard B300-04 and the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects, 2. It is the responsibility of the Contractor to inform the City of Eustis if its NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the contract between the City and Contractor. 3. Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 120 Grams per Liter (GPL) available chlorine equivalent (a.k.a., 12.0 Trade Percent Available Chlorine) and shall be consistent as determined by chemical analysis. 4. Product shall be a clear straw colored liquid with no visible cloudiness, impurities, or sediment. It shall contain no soluble materials or organic substances in quantities capable of producing deleterious or injurious health effects. 5. Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 0.20 percent by weight sodium hydroxide and a maximum of 0.40 weight percent sodium hydroxide. 6. Liquid sodium hypochlorite delivered under this contract shall meet the following containment concentration limits: Iron < 0.3 mg/L Copper < 0.03 mg/L Nickel < 0.03 mg/L Chlorate < 2,500 mg/L Perchlorate < 20 mg/L Bromate < 20 mg/L 7. The delivery time of the shipment shall not exceed 72 hours from the time of manufacture of the liquid sodium hypochlorite. City of Eustis Bid #001-10 Page 9 8. The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1000 ml when applying the "Suspended Solids Quality Test for Bleach Using the Vacuum Filtration" Method, co-developed by Dr. Bernard Bubnis of NovaChem. C. QUALITY ASSURANCE SAFETY AND TRAINING 1. Sampling and Testing a. All Sampling and Testing shall be in accordance with EPA and AWWA B300-04 standards and in accordance with the documents titled: "The Weight Percent Determination of Sodium Hypochlorite, Sodium Hydroxide, And Sodium Chlorate in Liquid Bleach" and "Suspended Solids Quality Test for Bleach Using Vacuum Filtration", distributed by Powell Fabrication and Manufacturing, Inc. and available at http://www.powelifab.com. b. The approved laboratories are listed below for all sampling and testing whether during the bidding period or after award. No other Laboratory shall be used unless expressly authorized by an Addendum to this bid, or an amendment to the contract between The City of Eustis and Contractor. NovaChem Laboratories Thornton Laboratories 5172 College Corner Pike 1145 E Cass St PO Box 608 Tampa FL 33602 Oxford OH 45056 Attn: Steve Thickett PH: 513-523-3605 PH: 813-223-9702 Fax: 513-523-4025 Fax: 813-223-9332 c. Samplinq and Test of Shipment After Unloading - The City of Eustis reserves the right to subject samples of the liquid sodium hypochlorite to complete analyses to ensure that it meets EPA specifications, AWWA B300-04 specifications, and this Specification. Three failures during any period of this contract shall constitute automatic termination of the Contractor's supply contract with The City of Eustis. d. Certified Analysis - Contractor shall supply an affidavit, signed by a corporate designated official, certifying that the liquid sodium hypochlorite furnished by the Contractor, complies with all applicable requirements of this Specification and AWWA Standard B300-04, latest revision. 2. Manufacturer's Laboratory Delivery Reports a. A certified report from the manufacturer shall be submitted for each liquid sodium hypochlorite delivery to The City of Eustis. b. The report shall contain the following data: • Date and Time of Manufacture • Percent by Weight Sodium Hypochlorite • Percent by Weight Excess Sodium Hydroxide • Specific Gravity (Referenced to a temperature) • Suspended Solids Test Time c. No deliveries will be accepted by The City of Eustis unless accompanied by said certified laboratory report for the specific batch of liquid sodium hypochlorite delivered showing the above data and that it conforms to the Specification. Regardless of the delivery site, failure to comply with this provision three (3) times during the contract period shall constitute sufficient grounds for termination of the contract between The City of Eustis and Contractor. 3. Quarterly Reports City of Eustis Bid #001-10 Page 10 i At the start of the contract and thereafter each quarter, The City of Eustis reserves the right to utilize one of the approved testing agencies listed in this Specification to analyze a sample of the liquid sodium hypochlorite delivered to The City. If this option is exercised by the City, the City shall supply the sample container and the driver shall collect the sample from the tank truck. Said sample will be given to The City at the time it is collected and The City shall "chill the sample" and then forward it to the approved authorized testing agency. Any failure to comply with the Specification shall constitute grounds for cancellation of the contract between The City of Eustis and Contractor. The cost of such testing shall be paid by the City. 4. Sodium Hypochlorite Tank Cleanings At any time during the performance of this Agreement, if The City of Eustis has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall cleanout the tank at no charge to The City of Eustis within seven (7) days, unless such timeframe is extended by the City. The determination of whether there is any such sludge or impurity buildup in the tanks will be at the sole discretion of the City. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the City. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the City of Eustis and the Contractor. F. OCCUPATIONAL HEALTH AND SAFETY 1. Contractor Safety Requirements a. Contractor must ensure delivery personnel's compliance with all OSHA requirements, including personal protective equipment for Contractor delivery personnel, including without limitation chemical goggles, transparent face shield and hard hat, rubber gloves, rubber boots, and rubber or plastic- coated fabric apron or slicker suit. Contractor delivery personnel must wear at minimum, chemical goggles and rubber gloves when handling hoses and valves. b. Contractor delivery personnel must remain within a safe proximity while the transfer is in progress and continuously monitor for leaking hoses, connections, or other problems. It is the responsibility of Contractor delivery personnel to contain leaks and to report any and all spills, c. Material Safety Data Sheets (MSDS). In compliance with Chapter 442 Florida Statutes, any chemical delivered from a Contractor, must be accompanied by a Material Safety Data Sheet. The MSDS must be provided and maintained by the contractor and kept on file by the City. 2. Emergency Plan of Action Within 30 days of award and acceptance of the contract for the supply of liquid sodium hypochlorite, the Contractor shall provide in writing, an emergency contingency plan, with appropriate telephone contacts, for The City of Eustis to follow in case an emergency supply of liquid sodium hypochlorite is needed, The Contractor shall supply in writing, an emergency spill response plan, with appropriate emergency response personnel names and telephone contact numbers (24-hour availability), within 30 days of award and acceptance of the contract to supply liquid sodium hypochlorite. In the event of a spill, the Contractor shall supply proper spill response notification to include any forms required by local, state or federal regulatory agencies and notify appropriate agencies directly. The culpable party shall bear all expense of spills. 3. Safe Handling Training The Contractor shall provide an appropriate safe handling training course for liquid sodium hypochlorite within the first month of the contract, to all current City of Eustis operations personnel and shall be available to conduct "refresher" courses or new employee training at six (6) month intervals during the contract period, This training shall be provided at no charge to The City of Eustis. City of Eustis Bid #001-10 Page 11 , City of Eustis Purchasing Department P.O. Drawer 68 0 Eustis, Florida 3277-7-0068 (352)483-5475 City of Eustis Bid #001-10 Purchase & Delivery of Sodium HYpochlorite Bid Addendum #1 February 26, 2010 Please incorporate the following changes and/or clarifications in your Bid documents: 1 . Page 6, Section IV, Item B, Term of Contract , should be changed to read, "Prices bid shall be fixed for the initial term of the contract, which shall be for three (3) years, with an option to renew for an additional (3) three year period." 2. Paae 9, Section V, Item C, QUALITY ASSURANCE, SAFETY AND TRAINING, Item C.1, Sampling and Testing, please add, "For bidding purposes and continuity of reporting, the laboratories identified below will be utilized and the initial cost of sampling and testing will be assumed by the bidder. All subsequent sampling and testing costs will be paid for by the City." Thank you. Tracy Mullis Jeanes Purchasing Director February 26, 2010 • Telephone: (352) 483-5430 • Fax: (352) 357-1970 • E-Mail: eustiscm&i.eustisAus • URL: http://www.eustis.org City of Eustis Purchasing Depdrthfent P.O. Drawer- 6 Eustis, Filori da 32727-006,8, (352)483-5475 City of Eustis Bid #001-10 Purchase & Delivery of Sodium Hypochlorite Bid Addendum#2 February 26, 2010 Please incorporate the following changes and/or clarifications in your Bid documents: Please EXTEND the bid opening date to March 23, 2010 3:00 p.m. Thank you. Tracy M. Jeanes Purchasing Director February 26, 2010 • Telephone: (352) 483-5430 • Fax: (352) 357-1970 • E-Mail: eustiscm @ci.eustis.fl.us • URL: http://www.eustis.org I City of Eustis Purchasing Department 1 P.O. Drawer 58 o Eustis, Florida 32727-0058 0 (352) 483-5475 City of Eustis Bid #001-10 Purchase & Delivery of Sodium Hypochlorite Bid Addendum #3 March 11, 2010 Please incorporate the following changes and/or clarifications in your Bid documents: 1 . Please add Xenco Laboratories, 10200 USA Today Way, Miramar, FL, 33025, located at 3231 NW 7 Avenue, Boca Raton, FL, 33431 to your list of approved laboratories pursuant to Page 9, Section C. Quality Assurance, Safety and Training, Item #Lb. Thank you. Tracy Mullis Jeanes Purchasing Director March 11, 2010 • Telephone: (352) 483-5430 • Fax: (352) 357-1970 • E-Mail: eustiscm @ci.eustisAus • URL: http://www.eustis.org - 0 ® 1 S S E Y MANUFACTURING CO. December 30,2013 Mr,John Bullard Water Plant Manager City of Delray Beach 200 SW Oh Street Delray Beach,FL 33444 Re; PROPOSAL TO SUPPLY BULK SODIUM HYPOCHLORITE TO THE CITY OF DELRAY BEACH UTILITIES DEPARTMENT Dear John, As a f611ow-up to our phone conversation earlier this week,today, Odyssey Manufacturing Co.agrees to permit the City of Delray Beach to"piggyback"off of the City of Eustis' bid for its Ultra Chlor 12.5%sodium hypochlorite at the unit pricing of$34 per gallon for the upcoming three(3)years through June 22,2016. This price is fixed. or thi-ee yeyrs to the water treatment and wastewater treatment plants and there are no fuel surcharges,delivery fees or other hidden charges. I have attached the supporting documentation including the original bid package,Odyssey's bid and the award and renewal letters. Tracy Jeanes is the point of contact with the City of Rustis @ 352-483- 5430. This proposal to piggyback is made with the understanding that Odyssey Manufacturing would supply all of the City of Delray Beach's bulk sodium hypochlorite needs for its Utilities Department only. As part of the chemical supply,Odyssey will continue to provide technical assistance to your facilities as required as we have done in the past at both your Water and Wastewater Treatment facilities. As you know,sodium hypochlorite is an engineered product and the quali a it Far Odyssey's sodium Iiypoch orite see attached specification),this proposed piggyback contract is a fair market price for similarly situated customers when factoring in customer size,travel times and contract length. Thus, the proposed contract offers Odyssey's lowest ricin available for similarly situated customers, Further,Odyssey accepts the risk of price increases(including fuel,energy and inflation costs)over the next three(3)years as we have guaranteed the pricing. On the other hand,the City of Delray Beach can terminate this supply contract for convenience at any time during this period. Over the past fourteen years since we opened our doors,we have honored all of our commitments and never attempted to raise the price in the middle of a contract or impose a fuel surcharge. We understand that cities and counties are struggling in these economic times and have endeavored to maintain our pricing and overall have simply accepted lower margins. Several key points about Odyssey and its offer to supply of sodium hypochlorite(a.k.a."bleach")., • Sodium hypochlorite is the only product that you purchase that has a very short shelf life. The shelf life is greatly impacted by the quality of the sodium hypochlorite. Product �� � �. t1A�fUKaci�uRER&oF�t�� o � t � impurities such as metals and sludge are a significant source of this decomposition. In fact, one could easily feed twice as much product with poorer quality bleach and a 10%savings in unit cost could be overshadowed by a 50%increase in usage. Thus,differences between manufacturers in their manufacturing and delivery processes can have a dramatic difference on actual consumption. Additionally,the initial delivered strength can also impact the level of consumption. This means cost savings to the customer! Odyssey's unique manufacturing process results in significantly higher quality sodium hypochlorite that does not breakdown and decompose like other sodium hypochlorite manufacturers. As an example, in FY 2001, the Charlotte County EastPort W WT plant used 101,970 gallons of Odyssey Manufacturing sodium hypochlorite. The previous fiscal year,the facility used about 204,196 gallons with another supplier, despite lower plant flows(Reference: Verne Hall,currently Sarasota County Operations Manager @941-861-0501). In FY 2009,all of their facilities used 234,450 gallons with Odyssey Ultrachlor sodium hypochlorite. The previous fiscal year,the facilities used 428,000 gallons despite lower flows with another sodium hypochlorite supplier (Reference: Steve Bozman,Operations Manager @941-764-4595). Thus, Charlotte County is actually spending more money by not using Odyssey this fiscal�Learl The City of Jacksonville pools has averaged 355,000 gallons of usage the past two years with Odyssey Ultrachlor. Prior to that,they used 430,000 gallons using another supplier(Reference: Rick Sawyer,904-630-5401). Last year,the City of Edgewater and Port Orange threw alit their previous supplier because of quality issues and is using a lot less bleach. Both of these entities documen_ted_a 30%to 35%reduction in hypochlorite usage g FY 2009 when adjusted for flows after switching to o Odyssey Manufacturing Co.(Reference: Steve Millcr, City of Port Orange,WT Chief Operator, 386-756-5380 and Bob Polizzi,City of Edgewater, WT Chief Operator,386-424-2490). In the last twelve month period from February 2009-- January 2010,the City of Tampa used 226,477 gallons of Odyssey Ultrachlor. The previous 12 months they used 700,000 gallons per year with their sodium hypochlorite supplier (Reference: John Peckett,Utility Operations, 813-247-3451). • Sodium hypochlorite is the only product that decomposes by"off-gassing". High duality sodium hypochlorite will not off-gas which leads to vapor'locking of the chemical feed equipment. A high quality sodium hypochlorite will not lock up chemical feed equipment because of sludge. Many water and wastewater treatment plants had some of these problems with other sodium hypochlorite manufacturers prior to using Odyssey! • Odyssey provides unlimited technical support as demonstrated by the support we have provided the City of Delray Beach with respect to your sodium hypochlorite system. • We have the lowest bromate levels in the entire United States and are the only sodium hypochlorite manufacturer who has been certified as a Low Bromate Supplier, As you know, bromate is an EPA regulated carcinogen in drinking water. Thank you for your consideration, 'Ale look forward to the opportunity to serve your sodium hypochlorite needs in the future, Please do not hesitate to contact me at(813)ODYSSEY or cellular (813)335-3444 if I can be of further assistance. Sincer ly, Patrick H, A man General Manager r MEMORANDUM r TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Louie Chapman, Jr., City Manager DATE: December 2, 2013 SUBJECT: AGENDA ITEM 8.T.2-Regular Commission Meeting OF January 21, 2014 Purchase Award/Odyssey Manufacturing Company Item Before Commission The item before the City Commission is to approve a purchase award in the amount of$210,600 to Odyssey Manufacturing Co. for the purchase and delivery of Sodium Hypochlorite for the Water Treatment Plant for Fiscal Year 2014. Background Sodium Hypochlorite is used as a disinfectant in the water treatment process. The City of Eustis, Florida has a contract with Odyssey Manufacturing Co. (Odyssey) for the purchase and delivery of sodium hypochlorite (Bid #001-10) at a unit price of $0.74/gallon for fiscal year 2014. Odyssey's contract term with the City of Eustis is through June 2016. Odyssey has agreed to extend the City of Eustis contract terms to the City of Delray Beach. Staff estimates the cost of sodium hypochlorite through the fiscal year at$210,600. The recommendation for award utilizing other governmental entities'contracts is in compliance with Ordinance 29-13, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 (C) (7) (c). The vendor has submitted the required letter, see attached. The"Standard Form of Agreement Between the Vendor and City", along with the appropriate insurance certificates, will be executed upon City Commission approval. Funding Source Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). Recommendation Staff recommends the award to Odyssey Manufacturing Co. in the amount of $210,600 for the purchase and delivery of sodium hypochlorite for use at the Water Treatment Plant for Fiscal Year 2014. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, Director of Environmental Services Department THROUGH: Terrance Stewart, Interim City Manager DATE: October 9, 2014 SUBJECT: AGENDA ITEM 9.G.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 EXPENDITURE LIMITTROLIME CORPORATION BACKGROUND Request City Commission to consider approving an annual expenditure limit in a not to exceed amount of $310,000 annually with Prolime Corporation for the disposal of lime slurry from the Water Treatment Plant, subject to the City annually renewing the contract with Prolime Corporation through December 19, 2017. Lime slurry is a by-product of the water treatment process. The City solicited bids for the disposal of lime slurry through a formal bid process (City of Delray Beach Bid #2013-18). The contract was awarded on December 4, 2012 and executed on December 19, 2012. The initial term was one year, through December 19, 2013, with four annual renewal options available through December 19, 2017. On November 5, 2013, City Commission approved the first of four renewal periods. Funding associated with this award is programmed into the Water Treatment Plant's fiscal year operating budget. Inadvertently, last year's request to City Commission for the renewal to Prolime Corporation requested an expenditure limit on a fiscal year basis vs. expenditures on an annual basis and through the term of the contract. The table below shows the respective contract renewal date, the associated annual expenditure limit, and the amount requested through the contract renewal date. Requested SLUDGE Bid Budgeted Contract Expenditure level HAULING VENDOR Information for FY 2015 Expiration thru Date/Renewal Renewal/Expiration Date Liquid Slurry Prolime, City of Delray $310,000 Renewal, $75,000 thru Dec Corp. Beach Bid 2104. #2013-18 Dec. 19, 2014 This request is seeking approval to continue with Prolime Corporation for hauling lime slurry from the Water Treatment Plant in an annual expenditure limit not exceeding $310,000 annually, subject to annual renewal of the contract. This request for the expenditure limit noted is to remain compliant with Code of Ordinances, Chapter 36, Section 36.02(A),"Sealed Competitive Method". DISCUSSION The item before City Commission is to approve an expenditure limit with Prolime Corporation to provide disposal of lime slurry from the Water Treatment Plant. TIMING OF THE REQUEST The approval of this item is of high importance, as ensuring a steady and reliable hauling of lime slurry from 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); contingent upon approval of future budget appropriations. RECOMMENDATION By motion, approve an expenditure limit not to exceed $310,000 annually with Prolime Corporation for dispoasl of lime slurry from the Water Treatment Plant, subject to annual renewals of the contract through December 19, 2017. CITY OF DELRAY BEACH 100 NW 1't AVENUE,DELRAY BEACH,FL 33444 BID No. 2013 -18 WET LIME SLUDGE HAULING MAYOR -NELSON S.McDUFFIE VICE MAYOR -THOMAS CARNEY DEPUTY VICE MAYOR -ADAM FRANKEL COMMISSIONER -AN GELETA GRAY COMMISSIONER -AL IACQUET CITY MANAGER -DAVID HARDEN Purchasing Division+Finance Department*(561)243-7161♦Fax(561)243-7166 INVITATION TO BID CITY OF DELRAY BEACH PURCHASING OFFICE 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 (561)243-7163 BID No. 2013-18 DATE: October 21. 2012 Water Treatment Plant Wet Lime Sludge Hauling 434 South Swinton Avenue Delray Beach, Florida 33444 Sealed Proposals will be received by the office of the Purchasing Officer, City Hall, 100 NW 1"Avenue Delray Beach, Florida 33444 until Wednesday November 7 2012 at 11:OOAM, at which time they will be publicly opened and read aloud. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof, PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. MANDATORY PRE-BID: A mandatory pre-bid conference has been scheduled for Tuesday, October 30h. 2012 at 10:30 AM, at the Water Treatment Plant Administration Building (Environmental Services Department Complex) , located at 200 SW 2nd Street, Delray Beach, Florida, 33444. All interested bidders are required to attend and be prepared to ask questions SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 Northwest First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above, RETURN ONE COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part with or without cause and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. Bid No.2013-18 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS 1. SUBMISSION AND RECEIPT OF BIDS: a) Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. b) Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C) Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. d) All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: a) Bidder warrants by virtue of bidding that prices, terms, and conditions bid in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. b) Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit prices bid will govern. C) Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. d) The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. e) Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: a) All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. b) Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No.2013-18 2 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) 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 on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: a) PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. Bid No.2013-18 3 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) b) LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C) LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See page (s) 17 thru 20 for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: a) For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. b) Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The City reserves the right to reject any one or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. NIA 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City renew the contract, at the same terms, conditions, and prices, for 4 consecutive term(s) of 12 month periods, not to exceed a total duration of 60 months, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 21. ANTI-COLLUSION: a) Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. b) No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). Bid No.2013-18 4 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) 22. CONFLICT OF INTEREST: a) Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or b) The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. Bid No.2013-18 5 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) CITY OF DELRAY BEACH WTP WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID#2013-18 GENERAL NOTES and SPECIAL PROVISIONS GENERAL NOTES A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to seek a firm price for the furnishing of equipment, materials, and labor for loading of wet lime sludge (slurry) from the lime sludge reactor unit to tanker trucks and hauling of such material to approved disposal site (s). All work shall comply with current State, Local and Florida Building Codes at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of service and/or workmanship than is described herein. B. NOTICE OF AWARD: It is and shall be understood and agreed that a contract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the award by the City through its authorized office, and a purchase order shall be issued to the bidder covering the same. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach, Florida. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. E. TIME FOR COMPLETION: It is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of this Contract. The goods and/services for the project must be initiated and in progress within Thirty 30 days after issuance of a Purchase Order. The Contractor agrees to being with an adequate force to have the work completed in the time period indicated. F. SAFETY AND CARE OF WORK: The Contractor shall exercise safe work practices and maintain a safe work area at all times, and shall be responsible for all damages to persons or property resulting from unsafe acts, negligence, poor workmanship, or failure to maintain a clean work-site in connection with his work under this Contract. The Contractor shall be responsible for the care and protection of all work performed until completion and acceptance. G. PERMITS: The Contractor shall be required to secure all applicable permits required to complete this contractual service. There shall be no charge to the Contractor for permits. H. CITY OCCUPATION LICENSE: If the successful Bidder is not licensed to perform work in the City of Delray Beach, the successful Bidder shall obtain an Occupational License before a Notice To Proceed will be issued. Upon notification of Tentative Award, the successful Bidder has fifteen (15) days within which to submit all documentation (insurance, Occupational License, etc.). I. INSPECTIONS: An authorized representative of the City of Delray Beach shall have the right to inspect work while in progress and at the completion thereof. After inspection, Contractor will correct any unacceptable work at no expense to the City, Bid No.2093-18 6 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) J. PAYMENT: Payments will be made on a monthly basis. Vendor to submit trip/load tickets: providing information on pick up times, dates, load weights in 1 out and net, the disposal facility, load number, driver name, and tractor/trailer number. K. INFORMATION: Any questions in regards to the Detailed Specifications of this bid shall be addressed in writing to the Public Utilities Division, c/o Victor Majtenyi, Environmental Services Complex, 434 South Swinton Avenue, Delray Beach, Florida, 33444. Any questions in regards to the submission of your bid should be addressed to Patsy Nadal, Purchasing Manager, at(561) 243-7163. L. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from date of being placed on the convicted vendor list. SPECIAL PROVISIONS A: SPECIFICATIONS: See pages 22 thru 24. Bid No.2013-18 7 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this , '-7 day of 20�.� by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Prolime Corporation (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) PAGE NUMBERS Invitation to Bid 1-6 General Notes and Special Provisions 6-7 Bid No.2013-18 8 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) CONTRACT DOCUMENTS (cont'd) PAGE NUMBERS Standard Form of Agreement 8-12 Corporate Acknowledgment 13 Certificate 14 Indemnity/Hold Harmless Agreement 15 Cone of Silence 16 Insurance Requirements 17 Sample Insurance Form 18-20 Drug Free Work Place Certification 21 Special Provisions 22-24 Bid Form (Proposal) Signed by Bidder 25-27 Statement of No Bid (if applicable) 28 Addenda numbers 0 to 0, inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. CONTRACT term shall be for a 12 month period, with option of four (4) twelve (12) month renewal periods, not to exceed total contract duration of sixty (60) months. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Prolime Corporation 58610 Van Dyke Washington, MI 48094 586-781-7070, (586-781-7078 fax) Bid No.2013-18 9 Water Treatment Plant Wet Lime Sludge Hauling(FY 1213) 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that Bid No.2013-18 10 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No.2013-18 1 j Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY F D LRAY BE CH, FL 1 By: �1 City Clerk Mayor Approved as to form: City Attorney WITNESS: CONTRAST BY: 6AROt_ A. 14URa K Roollegr✓ RO66es 80,6/Alii6S MGR. Gj�0 1 P2ESr097,JT (Print or type name and title) (Print or type name and title) (SEAL) Bid No-2013-18 12 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) CORPORATE ACKNOWLEDGMENT STATE OF M 1C441bAt J COUNTY OF M460ME The foregoing instrument was acknowledged before me this Z'Tl4 day of WV6 M gEQ , 2012-, by kDaERT V� RC&ERS , A2CS (name of officer or agent, title of officer or agent), of fi�()LAME <f QPot2A-riu,-1 MI (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment EILEEN C. GOSS Notary Public, State of Michigan county of Macomb My Commission Expires 11-25-2014 Name o cknow e g r , Printed or Stamped Bid No.2013-18 13 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) CERTIFICATE (if Corporation) STATE OF FLORIDA ) } SS COUNTY OF ) } HEREBY CERTIFY that a meeting of the Board of Directors of PROLI M E GORPnRgTi 0t l , a corporation under the laws of the State of M IGt}I 6Pt.l held on J R. ANUA %( it, , IGh� 2,0_, the following resolution was duly passed and adopted: "RESOLVED", that Rbei�lZT V. F06EE� , as 6EC-207ArR.Y aIQ 0 President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 2gr�day of tAbVeM OIZ. (Secretary) V. R0�1021S (Seal) Bid No.2013-18 14 Water Treatment Plant Wet Lime sludge Hauling(FY 12-13) INOEMNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Nameatum . CoRpoeAror) Signature Bid No.2013-18 t5 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) CONE OF SILENCE Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding this bid, i.e., a"Cone of Silence". The "Cone of Silence" is in effect from the date/time that the bid is placed on "Demandstar" by the City. The"Cone of Silence"will terminate upon the bid opening. However, bidders may communicate with City employees who are present at the mandatory pre-bid meeting during the actual pre-bid meeting. Once the pre-bid meeting is over, bidders maV only communicate with employees of the Purchasing Division. Contractor's Name RZOb k CORPMAT-ot l Signature' T Y, 0,06EI2S GE'�f 1g2�Si DENT Bid No.2013-18 16 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1)to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 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 all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance snail not only name the types of policies provided, but shall also refer specifically to this bid and section and the above Paragraphs in accordance with which such insurance is being furnished and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words"endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No.2013-18 7 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) ACtachme-at I, 1 of 3 ACORD, CERTIFICATE OF LIA131LIT'Y INSURANCE pRQDVC#R THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Goad Insurance, Inc. HOLDER,THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box A-1 ALTER THE COVERAGE AFFORDED BY VIE POLICIES BELOW_ Bast City, USA 00000 INSURERS AFFORDINGC014CRAGC NANGf- usGiteFR wsUaM k ' Willing Worteers Assoc. PIsuftV8; ABC Drive wsaRERC; Anytown, USA 00001 NsdNERO: aVSUro:RE- COVERAGES THE FOUCIES CF NSURANCE LISTED BELOW HAVE VEEN€SSUEDTOTHE INSURW NAMEOABOVE FOR THE P0€1CY PERIOD INDICATED.NOTWIT 4-iSTANvV4G ANY RE ULREMENT,TERM OR CD€ND€TION OF ANY rONTRmT AIR EITHER O=LwLNT WITH RWWT TO riNICH THIS CERTIFICATE MAY RC lSSUCn 08 MAY PERTAIN,THE INSURANCE AFFORDED BY THE NUC1ES DESCIUBEG)HEREIN IS SURJECV TO ALL nIE TERM$,FXCLVSION5 AND W(,nrioN9 OF SUCH F'LXJUIM AGGREGATE VWATS SHOWN MAYN AVE BEEN REDUCEn BYPAIF?CLAIMS. aa6f1 k pwaYHLFiBEA POr]al'YFFFGT(yE Tp,ICY ExPIIUTIOH 11rerYG GrAERA1LKfflWCY EAGMOGCJRAENCE s 500,000 A MVULUCIUaI:NefNL.m1 my GLP07 7 604 01/01/10 01/01/11 a £s E aN�rswwe �o;.ctrrc uEnTxP{itr,Y��,.�,t s PEEI&t'SNN.ry ALV3Nd[)RY S GENERALAGGR&GATE~ Sl y GEMA"EGATF,LJUTAPVVEBPEP: p14nalicys-001A"ACiG 3 PaXY M MILO LOC AvTauawL�uABrm iF.Oi�Gx }INCLerfLQT s , A A.NYAUrO ALP077606 01/01/10 01/01/11 300;000 ALLU1YNFlAALrTgS UPUkY IN1JRY SCIV"LEOALMO, 4T'urPn2`On) S RHMABTGS — _.. .._..... (7�AILYINJL'RY 3 tXx!-57Yr7JCCAl1TPS (f'6ra:CItl4AU PQ10FCN1Yf1AEAACE s OARFA6E LIAB1LrxY -. ALtTOIX1LY-F.EACCibENr 3 P ANYMl70 " .6T1ERnM EAA= f ..-- AUTOaNO', Aw s EXC6GS1JV#RELLlA�UABRTTY °' ' EAVN0C .V.WNCE S L....] OC4tLR QL'"s VADC A6pHFpATE S UMMITLE S AFTEUrIEyy 3 S WORK=CORrwzAnow AND yyyy'GETATU- 114- 3QflYL -� E EYPL0Y'FASUA8KM WLP077606 03/01/10 03/01111 >:.La-ACrIACE.tEiENT s 100,000 Orl"P 43EE 114Xtlr1:EIVE%EC1tLP1E eL.BisEASE.EA EMi'I.oreT: s 10U UOU GPPL'.EYVLtEl,/8¢ AATL ER? Br��IAL PRflV1FBflVIBS441.Sry E.L.UL,FASE-FCeLIGYtSWT 3 () DINER EIEd'Gl+fpipHaPGPEIUTIOHSILaGA'11CH67M>:H€CLEBf CXCLLS1tlN$AOAEO BY CiIUgRG[:YF,�rTrOPGGIALYrttiN910Hd THIS INSURANGE APPLICABLE TO (state project) YLCITY OF DELRAY BEACH TS ADDITIONAL INSURED see attached endorsement. CUIMFiCATE HOLDER CANCELLAIAON CITY n,� mrouca AgY01PTMF.AeQYEQESCRIQCL PdF.ICK3 BC CAC7CELLib pFiORCTSiE EMPlRATlp�i CITY O DELRAY BEACH CMT�TNES E4F,TBE iBGVYiG arAEJ�£JE W16L fJf�GA aR Ttl EeaIL 30 pAY9 WRIEYFN 100,NW 1st AVENUI? NBTTCfiTa THE CE4nKICATE iIOLOER RALIED YO THE LFCY-6VT FAR.:IRE TO Jm Sn crwl, DELRAY BEACH, FL 33444 r1/PCIBENOOBIkiATIO trONLWElLtfYaEAlZYWN01POklI1GW riGiLCE9AOENTBflp REPRE3�kTATivES. AITTBGRI2EQ KEPREBENTATPM .. 1 ACORI?2$(2001106) B)ACORD CORPORATION 1908 Bid No.2043-18 18 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) IMPORTANT If the cE4ttfioata Wder is as ADDITIONAL INS VRED, the policy(les! must be endorsed. A statement on ff1s certlr=te does riot confer rishfs to the ceff ate holder in lieu of uch endorsermon4s). If SUBROGATION IS WAIVED. subject to the terms and aor> Mans of the policy, certain policies may require an endorsement A staternent on this coftifcate dads nct confer rights to the OeMcata Molder in Ilea of$L;Gh andomernent(&). UISGII..AlMER TIto OertifiCate of Irtsurance on the revame side of thir. form does not constiltute a contract betwaen the Issuing Insurer(s), atAho€ized repftsentaattve or producer, and the cerfifcete holder, nor does It aftirmmlively or rastiveiy amend, eAuxf or alter tfte caysrago afforded by the policies t€sted thereon. Bid No.2013-18 19 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: .COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Or anizatlon s information re ulr m to complete this Schedule if not shown above,will be shown In the Declarations. Section 11 --Who Is An insured is amended to In- clude as an additional insured the person(s)or organi- zation(s)shown in the Schedule,but only with respect to liability for "bodily injuryr', "property damage" or "personal and advertising Injury' caused, in whole or In part, by your acts or omisslons or the acts or orris- slops of those acting on your behalf A. In the performance of your ongoirig operations;or 13. In connection with your premises owned by or rented to you. Bid No.2013-18 20 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) DRUG FREE WORKPLACE CERTIFICATION WATER TREATMENT PLANT WET LIME SLUDGE HAULING Bid Noe 2013-15 If identical tie bids exist, preference will be given to the vendors who submit a certification vnlith 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. 5) This firm will continue to make a good faith effort to maintain ,a drug-free workplace through implementation of this section. Contractor's Name PRLL-41\4k 6DP_POMIL)+) Signature ZJJ _ Bid No.2013-18 21 water Treatment Plant Wet Lime Sludge Hauling SPECIAL PROVISIONS WATER TREATMENT PLANT WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID #2013-18 MINIMUM TECHNICAL SPECIFICATIONS 0.01 SCOPE OF WORK Quotes are solicited by the City of Delray Beach for the purpose of establishing a qualified vendor to provide transportation of liquid lime slurry on a daily basis; estimated at one 26 ton tanker load per day. Transportation shall be from the City of Delray Beach Water Treatment Plant, located at 200 SW 7th Street, to an approved disposal site provided by the vendor in accordance with all applicable regulations or statutes. The vendor shall employ appropriate commercial licensed drivers and possess all equipment required for performance of this contract which shall include a sufficient number of large capacity leak proof tanker trailers to transport the liquid lime slurry. The tanker trailers shall include a decant-connection with a 4" male valve cam-lock fitting (for dewatering process). Hauling is presently being performed every day, six days a week. The lime slurry shall be pumped into the vendor's trailer by City's personnel, available on a 24- hour basis, 5 days a week. The vendor shall be capable of providing tractor and trailer units with drivers to haul loaded trailers from the Water Treatment Plant on a scheduled daily basis. 0.02 WORKING HOURS All work related to pumping trailers with lime slurry shall be performed during regular working hours, 7:30 a.m. to 3:30 p.m., Monday through Friday. Vendor shall provide a 24 hour contact number for the City to be able to communicate with the vendor 24 hours per day, 7 days per week. 0.03 SITE INSPECTION Bidders shall examine the loading site and fully acquaint themselves with all existing conditions for the work to be done. The vendor shall determine, by site investigation, any necessary work not specifically called for, but necessary to satisfactorily perform the services. Signature on Quotation Form will attest that the above investigation has been completed. 0.04 ESTIMATEO QUANTITY The City is estimating that 7,000 tons (annually) of wet lime slurry is currently being removed from the reactor basin at the Water Treatment Plant. This quantity is an estimate, no warranty is given or implied that this is the exact quantity that will be removed. Vendor shall be paid for actual amount removed. 0.05 EQUIPMENT All equipment used for this contract shall be in good working order and free of any fluid leaks. The vendor shall own or be sole lessee of the equipment. Vendor is required to provide trucks and /or tractor-trailers with a minimum capacity of 26 liquid tons; a listing of all sludge hauling trucks, tankers, with make/model, tanker capacity, tag numbers, tanker empty weight (an official weights and measures document verifying the capacity of the vehicles) to be used by the vendor for this contract. Bid No.2013-18 22 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) 0.06 VENDOR'S RESPONSIBILITY 1. Services shall be performed at dates and times designated by the City and in such a manner as not to disrupt ongoing operations. Vendor shall be held responsible for any interruption of normal plant operations due to the sole negligent or wrongful intentional acts of the vendor. 2. Hauling receipts shall be left with the City personnel on the day the sludge is removed. Receipts are to include date, time, tractor number, and disposal site, volume per tonnage, vendor's signature, and City personnel signature. The City shall inspect all incoming and out-going trailers. 3. Incoming trailers shall be clean and free of residual materials from previous hauling. If a trailer contains materials such that the effective capacity will be reduced, the vendor shall remove and clean the trailer at his own expense prior to returning the trailer to the City's site for filling. 4. The vendor shall select the authorized dumping site(s) and be responsible for payment of any and all dumping charges and shall maintain enough disposal sites as to not affect the sludge-hauling schedule. The vendor shall provide the City with proof of proper dumping by submittal of dated dumping certificates. 5. The vendor shall be responsible for the cleanup and removal of any spilled material during the removal and disposal operation. Any spillage, accidental or otherwise, which occurs at or off the facility site, shall be the responsibility of the vendor to completely remove and sanitize, and report to the proper agencies and the City in a timely manner. 6. In the event of any emergency (unscheduled services), the City will inform the vendor of the circumstances necessitating immediate corrective action and afford the vendor every reasonable opportunity to assemble the necessary forces and equipment to resolve the emergency. However, should circumstances prevent the immediate prosecution or the emergency work, the City may use other vendors. 7. Vendor will be required to perform under this contract. No assignment or subcontracting of the contract will be allowed without written approval from the City of Delray Beach, 8. Vendor must comply with Code of Federal Regulations (CFR) Title 49, Part 171 for hazardous material transportation. Vendor must have a plan in place to address the protection of the customer's property and the motor carrier's vehicles used in the transportation of hazardous materials, addressing the measures to be used to minimize/mitigate risks of theft and/or tampering of loads in their custody and control, to include but not be limited to protocols and procedures relating to the safe handling of material, loading, load tracking system, communication between drivers/dispatchers, and load delivery. In addition, vendor must provide documentation that they use drivers that possess the appropriate DOT CDL Class (or higher), are screened, and fully qualified under the requirements of CFR 49, Part 391 for the transport of hazardous material. 0.07 PERMITS, LICENSES, AND REGULATIONS All permits and licenses necessary for the performance of the services shall be secured and paid for by the vendor. The vendor shall possess appropriate credentials for the services proposed herein. Bid No_2013-18 23 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) BASIS OF AWARD BASIS OF AWARD Award will be made to the most responsive, responsible bidder having the lowest total offer for the specified transportation services. Whenever two or more quotes which are equal with respect to price, quality and service, are received, a quote received from a local business shall be given preference in award. Local business is defined as a business legally authorized to engage in the sale of the goods and/or services to be procured, and which certifies within its bid that for at least six (6) months prior to the announcement of the solicitation of bids it has maintained a physical place of business in Palm Beach, Broward, Dade, or Martin County's with at least one full-time employee at that location. VENDOR'S QUALIFICATIONS Reliability of the vendor's past service will be evaluated to determine acceptance of the lowest priced responsible bidder. Vendor shall have sufficient financial support, equipment, ability, and organization to ensure that they can satisfactorily execute the services under the terms and conditions stated herein. To substantiate experience, vendor shall have operated a full-time verifiable work for liquid slurry hauling services as specified herein within the past three years. Three commercial references for which you are and have performed similar services are to be provided. Vendor must have sufficient, maintained equipment to perform the work specified. Bidder shall attach a listing of all major equipment will be available for this contract. Listing shall include manufacturer, year, model, type, tanker capacity, tag numbers, tanker empty weight (an official weights and measures document verifying the capacity of the vehicles). The City of Delray Beach will determine whether the evidence is determined to indicate the ability of the vendor to perform. ALTERNATE PROPOSALS The City of Delray Beach reserves the right to consider any alternate proposal submitted that may include hauling and disposal of the lime slurry. The City further reserves the right to accept any proposal that it deems to be in the City's best interest. Bid No,2013-18 24 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) DID FORM WATER TREATMENT PLANT WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID#2013-18 DATE DUE: November 7, 2012 n 11:00 AM To, City of Delray Beach Purchasing Department 100 NVV I st Avenue Delray Beach, Florida 33444 Attention: Patsy Nadal, Purchasing Manager We, the undersigned, hereby declare that we have carefully reviewed the bid documents, and with full knowledge and understanding of the aforementioned herewith submit this quote, meeting each and every specification, term, and condition contained in the Request for Quotes. We understand that the quote specifications, terms, and conditions in their entirety shall be made a part of any agreement or contract between the City of Delray Beach and the successful bidder. Failure to comply shall result in contract default, whereupon, the defaulting vendor shall be required to pay for any and all re-procurement costs, damages, and attorney fees as incurred by the City_ The VENDOR proposes to provide ali labor, transportation, equipment, and any other requirements for the proper transportation of lime slurry from the Water Treatment Plant as specified herein at the following cost: ® S7, q r<liquid tort Alternate Proposal attached? The City of Delray Beach reserves the right to accept or reject any and P or a]I quotes, to waive irregularities and technicalities, and to request resubmission. Also,the City reserves the right to accept all or any part of the Quote. Number of calendar days required for delivery of product after notification of award, verbal or written, shall not exceed !77 days. COMPANY NAME, t`s Dl-lmV . C4fzpo AUTHORIZED SIGNATURE: ry- , P a rz e--,I C)15-N-F (Print dame Ti e of Signer) DATE; I0 (p 2a, COMPANY ADDRESS: 59WO VAQ V11 A � l� 1 TEL. NO., & FAX N0.- wI- Q FEIN NO.. '2�IC5 Acknowledge Addendum No. Dated; 101311 Zal2 Bid No_2013-1$ 25 water Treatment Plant Wet Lime Sludge Haufing BID FORM- CONTINUED QUESTIONNAIRE- REQUIRED WATER TREATMENT PLANT WET LIME SLUDGE HAULING CITY OF DELRAY BEACH BID#2013-18 This questionnaire must be fully completed and returned. Failure to do so may result in disqualification of your bid. Evaluation of this questionnaire will be a prime factor in the award process. (� 1. Company name under which you do business: . r l2DL,.IPAL Ol?(Z, QPAT-1 Ola Physical address: .5&PI D VU 46814 24-hour contact name: S Phone#: 10-GPo-907] CELj � C.°`] ti­7070 E�x 2. Business license# 8 - UP ' ;, Expiration: `rpm SiATe- arFi..CPZUt Pn T�1000 5-774 S. is your company licensed by the Florida Department of Environmental Protection?.AIA If yes, license 4 List any license, permits you hold for performing this type work: _fs�ZFK, � 4. Is the disposal site permitted?Ja If yes, permit Weather Site? Disposal site Owner's name:Ni2fWINQ C NTVRG"f 9G Phone#: Address/ location of disposal site: D, gk 33023 5. Bidding as an individual:_; a partnership: ; a corporation: f ; a joint venture: 6. How long have you been in business offering lime slurry hauling services? 22-4 years 7. Number of employees presently on your payroll?��Subcontracted employees? Al& 8. Name of person supervising this contract ano their experience? kopE:e T V. , c-e5 � Pd�.tl�1C� VJ �SIDc�ALS nfir 9. Listing number and types of equipment to be used for this contract: TY1M9_c-, AN- TANKTPiLDeL AW At m AL�L, Svppog-, iQuipmajT NKiL y TO ampc_.z7rt MOJECG` 10.Listin and number and type of equipment you propose to rent/lease for this contract: 11.Have you ever failed to complete Work? ND If yes, provide location and explanation: _ Bid Tao.2013-18 26 Water Treatment Plant Wet Lime Sludge HauSing DID FORM- CONTINUED REFERENCES- REQUIRED WATER TREATMENT PLANT WET LIFE SLUDGE HAULING CITY OF DELRAY BEACH BID#2013-18 List three commercial references for similar services your firm has performed within the past three years: 1. Company Name: FLWIDA FbW L.16RT I+J COUt�1T'r Y C. Address: 20505 _—_TATf� Contact Name/ Title: T_ VOD AV,,V_e Phone #: Project Identification/Description: :5u GC e.N2nAD) E _ p N1�F�cc�►, �2E(�Sr✓, r Dates Performed; MAV 2_009 - DEF-G. 2-nt(D 2. Company Name., G rFY or �JAPL-✓6 Address:-73�D_ 8T44 r REE T Contact Name I Title: Phone#:C2 7213 iF 2— W T�12, P2oca tTi i S�2. Project I den tifi cation IDescription: +AUL! ,3 G/t7iS L- A1jE-=g i_I n!t C_�- SC_!.3 0- Dates Performed: DN-GoiNi - 3. Company Name: G ITY MAQ60 1SLAv,1D Address: 5� D IVa MARCO I5LAQa n_ 145 Contact Name /Title:JAC�(��QC9�Q Phone#: (21�t)�2,�Q� Project Identification/Description: 1 DUk L~ L- l M E Q I~✓ Q A L_ A N C� RE o.;e ;rRwA uj-v( Dates Performed: N1 VENDC)R-. .P90LL M Bid No.2013-18 27 Water Treatment Plant Wet Lime Sludge Hauling CITY OF DELRAY STATEMENT OF NO BID Bid # 2013-18 WATER TREATMENT PLANT WET LIME SLUDGE HAULING If you are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1 st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. If you are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Department, 100 NW 1st Avenue, Delray Beach, Florida 33444. **Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned Business: ❑ Black ❑ Hispanic ❑Woman ❑ Other We,the undersigned have declined to bid on Bid No.2013-18 due to the following reason(s): Please Check below: ❑ Specifications too"tight",i.e.,geared toward brand or manufacturer only(explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear(explain below) ❑ Other(specify below) Remarks/Other: SIGNATURE: DATE: Bid No.2013-18 28 Water Treatment Plant Wet Lime Sludge Hauling(FY 12-13) CERTIFICATE OF LIABILITY INSURANCE DATE ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policylies) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Angela Mayes Griffin, Smalley and Wilkerson, Inc. PHONE (248)471-0970 P4fC Nnr(248)471-0541 37000 Grand River Avenue ADDRESS: y ama es @gswins-cam PC Box 2999 INSURER S)AFFORDING COVERAGE NAIC9 Farmington Hills MI 48333-2999 INSURER A:Travelers INSURED INSURER H: ProLime Services LLC INSURER C: 58610 Van Dyke INSURER P: INSU RER E Washington MI 48094 INSURER F COVERAGES CERTIFICATE NUMBER:2012-2013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ]NSR TYPE OF INSURANCE POLICY NUMBER MI0r41DLIDY EFF MI�P EXP LTR LIMITS GEN ERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIA&LITY PREMISES Ea occurrence $ 300,000 A CLAIMS-MADE ❑X OCCUR DTC0401BM941 /21/2012 /2112013 MED EKP(Any one person) $ 5,000 PERSDNAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-CCMPIOP AGG $ 2,000,000 POLICY X PRD- LOC $ AUTOMOBILE LIABILITY CDMSINED SINGLE Lli Eaa.6. 11000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OVWED SCHEDULED T810338GIB72 /21/2012 /21/2013 AUTOS AUTOS BODILY INJURY(Per accidents $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Uninsured rmtarlst combined $ 1 000 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 /y EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DIED I X I RETENTIONS 10,00 I PUP40IM4941 /21/2012 /21/2013 $ A WORKERS COMPENSATION X WC STATU- CTH- AND EMPLOYERS'LIABILITY YIN T I G I I ER ANY PROPRIETORlPARTN EFUFXECUTIVE❑ E.L.EACH ACCIDENT S 500 000 OFFICERfMEMBER EXCLUDED? N I A (Mandatory in NH) TP.UB4018M94 /21/2012 /21/2013 E L DISEASE-EA EMPLOY $ soi 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 3_000,000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(Attach ACORD 1❑1,Additional Remarks Schedule,if more space is required) RE: ITH No. : 2013-18 Water Treatment Plant "Wet Lime Sludge Hauling" City of Delray Beach is Additional Insured on the General Liability policy with respect to liability arising out of the ongoing operations performed by the Named Insured on the named Project, as required by written contract. CERTIFICATE HOLDER CANCELLATION 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. 100 NW 1st Avenue Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE Mark Provo/AMAY ACORD 25(2070105) 01988-2010 ACORD CORPORATION. All rights reserved. INS026(201D05),01 The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Pine view Mining & Development LLC #38-3538911 Limited liability company ProLime Corporation #38-2909859 Corporation OFAPPINF(0212007) COPYRIGKT 2007,AMS SERVICES INC ------------ Policy Number: DTC04018M941 COMMERCLAIL GENERAL Mall.17Y THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ rr CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This andomma*L modifies kw_"rioe pmid&d under fl-m f0lkn*d-,1 COMMERCIAL GENERAL LABILFY COVERAzE PART i. WHO is AN INSURED—(Sentim III)is amended c) The insurance provided Lo the addldmC in- to Indode any person or otuaflizalkm t"t you surd does not apply in %adily InjuW or ogrea In a 1wrinerl contrail tbqWrMg insurance, 'property danwoe oau2nd by 'your wwkP lom Include as an additional iusurct!OT1 this Cover- AM LlOudled in the 'prodwAs-cocnplefed op- age Paid,but "om hazard" unlesF,the %vfhsn =i"a 0.*Wh'Atsipw to RWDIY,.br ImAy kIjjr . rwpft hsuranne_spadficaOr requires you "propartj damage'or'p4rUmal InW Rnd to provide such coverage for that insured, and then 11ha insurance provided to bi If,and only to Ow exleM that, the injure or thie additional Insured a0los ordy to such damaV is caused by acts or orrfissions of Obadlily injury'cw"Pro"d9mQgV'%"oc- you or V43ut&Mwrtrff=r in the pWaFrnaince cum before ft and a the pariod of time W of"Your wod'to which the"written contract m"rh the %wfthan contract requiring lncw- r&qLidM Insurance" applies, The person or ants•requires You to provide Such mvemi;ic, arganit6cn does not qualify ae ao awitional or the and or the policy patiod,whicliaver is Insured with m5pad to UW Irmlopenderill acts earfler aromlissi=or such person or naganb2flon, L The Insurance provided to the mkWxxW Irmovd Z. The inwatrw provided to the aftitione]Imrw by this endorsement Is excess aver ant valid and by this endorsement Is firnited in foll[aws: 0611lixtiWe 'offi" in:sumni;W', whethrer primary, 2) In the evard Mal thile Urnits or Insm"of excanc, wnbnvant ar on any other bests,that is this Gwemge Part thovm In the Dedaretiona avalle6tv to the additional Insured for a lass we exceed the limits at VaNky required by the cover uraler this endnmm-rilL However, V the *wftan contract requiring insurance,the 14. 'w4ton wntrad reciuldng Insurance`sKrecMcally surancie provided to the addlilanal irimmd 194julm that this Insurance a"on a primary shall be Ilmaed to the hmlts of rabiffty re* bash or a prinnary 2W rPrHxw*ttftry basis, riLAred by$d 1wtion cmij.ad roquwnu in. I* knuramm I* primary to Oiflhcr Imurane mance. This endorsernem aftu not in. livallabils,to Ow additional insured which covers crvoria live limb of jrmumr= described in Ulm person or DrUaniz4on as a named kwured SaMn III-Unnilts Of ksurerm. for Vich 1105s, WW " VAII riot 511101re VMh M b) The Immrshce mAded to the additional in. "other Insurance', But the Insuriace provided lu cured does not apply to'body in)urym,OpnDP• M&MUMI-Wsufad by this andommant all is arty darnsgwl or IPMORW injury{'arising out excess over MY VeAd and collevIlible'other in- of the mnIllming of,cc 1-aflum to render, any viffinW,Whatty"mary,excess,corKingent or profess 11minitackural,engirmeft or sur- am aft rd"r t^Slq,1h3t 13.1WRIIA08-P-l'thE,--dd!4 vayiag KAmvluvs"Inaludinq. tional insured when that person or organization.Is an 06doonal insured under SUO other htsur- L The preparing, apmMog, or falma to EXLEA*. W=F0 or appirovu, map% shop draw- Ings, opinions, reports,sixyinm,field a(L 4. A3 a candium of coveEw prvyided is the ders Cx,alnge order., or the p-prkQ, additional insured by MES endorsernent approvIng, or falllr4 to pmkpam or ap- a) Tire addWariad kmmd must give us vAjtGn prove,drawings add vocfficgdorm WW Maw as soon as pmCillosbi_- Of an bccur. aupervisory. Ift"jon. arohwuk" Cr M%te or an 090DW Which May maw In a ed4iriaaRrrgacti+rities, 041m, To the extent passittal such nodes should twurim CC DI 41!111109 0 2905 Tim St,Paul Trwalars companies,Irim PACO 1 of 2 Policy Number: DTC04018M941 COMMERCIAL GENERAL LIAMIT-Y L How, when and where the 'o=M0W my pmdder of'ather insurancs"vAiTch muld or offense took place: myer The additional Irouffid for a lon we 1 The narnes:rid addinnew of any Wmtsd cover-wriftr 1h1a endorsomerg.Howmr,this pm%zns and witnesses;and mWilion does not at vhatftar Lho kmr- ance provided to the additional hTsumd by IN. The nature and location of any injury or this sMorsemeat[a primary to 'Wher in$ur- darrme arisirg out of the"=Awmce or ante' avallablL to the additional Inuffed offoase. whkb covers that person or aigunizaUan as a h) If a claim is made or"sue is brought against named irmufed as described in paragraph 3, the additional]muted.the a4dWcnW Imuml above. must S. The falloWng deft Won Is added to SECTION V. L immediately m=xd the specifics of the DEFINITIONS: dalm or'suir and W date received:and 'Writlan contract requiring Insurance"romans rL Noft us as som es predicable, Drat part of any UKWW contract Qc agruarnera under which you a required to include a TIA adMinaaL lasurad must see to It that we m parson or orgarilzartowl as an Additional Tin- kictw,of the 0411M or'Wr am swed an fts covarago Part, pro%6ded that the todly]non'and*propoy cig"u,cc, SDOn c) The Additional lamwed ffw5t immediately "M and thd"pemnal injury"is caused by oil &M us copies of Wi legal papers recalved In offense committed: ewme&Jon With the dWm or HIV,wooemis a. After the slonkiii end Execution of the with as in the irlVeSfiaakn OF settlement of cantrata or agreemesit by yuw Itie claim or defense against tt)a"suit". and otharwiss ctiriply with af,policy conditions, k Whila Scat part of the cantrad or d) The additional Irminad must tender the de- agrewmant to In offed;and tone and Vdarnally of arty cl■im or lauil!to C. Bef"It the end of the pDIW period, Page 2 of 2 0 2005 The SL Paul Travalem GurnpamiRs,1= Cr.02 66 OR 05 l EITY OF OELRRY BEREH DELRAY BEACH All-AmericaCity October 08, 2013 Robert V. Rogers, President Peohme Corporation 58610 Van Drive Washington, MI 48094 REF: Bid#2013-15—Wet Lime Sludge Hauling 1st-One Year Renewal Option Annual contract Dear Mr. Rogers; The annual contract for the above referenced Bid expires on December 19, 2013. Per page #4, Section 20 "Renewal' of the General Conditions of this bid package, "The City may renew the contract, of the same terms, conditions, and prices for four (4) consecutive terms of 12 month periods, not to exceed a total duration of 60 months, subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". Please advise if this one (1) extension of your executed contract at prices dated December 19, 2012 would be acceptable. Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444 or by email: nadak m delra beach.com_ Sincerely, Patsy Nadal, Purchasing Manager I hereby ag a one (1)year extension of the subject Bid ❑ 1 to vide a one (1) year extension of the subject Bid Iyrg��U/_�' Signature Date Name (print) cc: David Boyd, Finance Director Victor Majtenyi, Interim Director of Environmental Services John Bullard, Water treatment Plant Manager Gloria Montgomery, Staff Assistant II MEMORANDUM TO: Mayor and City Commissioners FROM: John Bullard, Water Treatment Plant Manager Victor Majtenyi, Interim Environmental Services Director THROUGH: Louie Chapman, Jr., City Manager DATE: October 23,2013 SUBJECT: AGENDA ITEM 8.Y.1 -Regular Commission Meeting OF November 5, 2013 Contract Award/Prolime Corporation (PC) Item Before Commission The item before Commission is to approve an annual renewal to an award to Prolime Corporation (PC) in the annual amount not to exceed $240,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant(WTP)for Fiscal Year 2014. Background The WTP generates a large amount of sludge due to enhanced coagulation with ferric chloride. During Spring 2009, staff initiated disposal of liquid lime slurry on a 30 day trial run basis to evaluate the effectiveness and viability of this process. The process involved taking the slurry directly from one of the two thickener units prior to processing into lime sludge. The trial run proved very favorable as less sludge is produced. The process reduces lime sludge stockpiling to the lagoon and provided treatment relief by alleviating over saturation condition at the east thickener unit. This process has also aided in improving water color quality. Utilizing a competitive bid process, staff bid services for hauling wet lime sludge from the city's Water Treatment Plant in the fall 2012; prior to this, services were provided by a vendor having a contract with Palm Beach County. The City released the advertisement for bid on October 22, 2012, which netted four potential bidders attending the mandatory pre-bid conference. The bid was structured as a request for a unit price per liquid ton, hauled to an approved facility. Loads are based on 26 liquid tons. On November 7, 2012, the City received only two bids under this advertisement. Prolime Corporation submitted $17.69/liquid ton and Dedicated Transport, LLC submitted $23.75/liquid ton, plus applicable fuel surcharges and an alternative pricing structure for hauling to alternative sites. The basis of the bid was made per each vendor's base unit price per liquid ton. Thus, on December 4, 2012, Commission approved award to Prolime Corporations at the unit price of $17.69/liquid ton. Last year was our first year with Prolime Corporation for this specialized service. Their service has been satisfactory and without incident at the plant. The renewal for lime slurry hauling services is on an annual basis, pending approval of the division's operating budget. If approved, the renewal will be the second year of services, leaving three more renewal options available through Fiscal Year 2017. This request is for a purchase order for Fiscal Year 2013/2014. The total amount requested for this annual period is $240,000; it is based on two loads per day, five days a week, hauled to Pembroke Park, Florida: 26 liquid tons (average tanker load)at$17.69/liquid ton = $459.94 per load x 10 loads/week x 52 weeks=$239,168.80. Staff requests annual renewal of the award with Prolime Corporation for the disposal of lime slurry from the WTP for the Fiscal Year 2013/2014 in the not to exceed amount of$240,000. Review By Others City Attorney Finance Funding Source Funding is available from 441-5122-536-34-90 (Water and Sewer Fund/Other Contractual Services). Recommendation Staff requests annual renewal of the award with Prolime Corporation for the disposal of lime slurry from the WTP for the fiscal year 2013/2014 in the not to exceed amount of$240,000. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal Krejcarek, P.E., Director of Environmental Services Department Isaac Kovner, P.E., City Engineer THROUGH: Terry Stewart, Interim City Manager DATE: October 3, 2014 SUBJECT: AGENDA ITEM 9.H.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 SAFETY MEASURES FOR MOTORISTS AND PEDESTRIANS ALONG BARWICK ROAD BACKGROUND This is a request for the City Commission to approve additional safety measures along the east side of Barwick Road from Lake Ida Road north to the L-30 Canal. Historical police records have determined that Barwick Road experiences high pedestrian activity especially in the vicinity of Banyan Creek Elementary School. Additionally, Mr. Jim Smith (Chairman of S.A.F.E.) expressed his concerns with reference to children walking along Barwick Road to and from school. Even though there are posted speed zone signs along Barwick Road by the school, additional safety measures need to be considered to protect pedestrians and children walking to and from school. Engineering analyzed the current situation along Barwick Road and is submitting 5 options which will increase the pedestrian safety(Exhibit A): 1). Installation of Tuff Curb along the roadway. This is a low cost material and labor item (City crews perform the installation and the City has the materials at its facilities), therefore, this is a no cost item. Unfortunately, this option is only temporary and another permanent option will need to be installed in the future; and this option provides visual warning to motorists only, but provides little to no additional protection to pedestrians. 2). Installation of Ceramic Jiggle Bars (1600 each-White directional Red/Clear Roadway Reflectors) along the roadway. The cost to procure and install the reflectors is approximately $20,500. Unfortunately, this option provides visual warning to motorists only, but provides little to no additional protection to pedestrians. 3). Installation of Curb and Gutter along the roadway (1700 LF). This option will provide both visual warning to motorists and additional protection to pedestrians. The cost to install the curb and gutter is approximately $255,000 (no drainage infrastructure along Barwick Road). 4). Installation of Flexible Delineators along the roadway (800 each). The cost to procure and install the delineators is approximately $32,000. Unfortunately, this option provides visual warning to motorists only, but provides little to no additional protection to pedestrians. 5). Installation of a Guard Rail along the roadway(1700 LF). The cost to procure and install the guard rail is approximately $50,000. This option will provide both visual warning to motorists and additional protection to pedestrians. Engineering recommends Option#5 as the most cost effective and best solution for providing long term additional safety to both motorists and pedestrians who walk and drive on Barwick Road. The capital costs for the installation of 1700 LF of guard rail along Barwick Road could be funded through the Roadway Resurfacing Project currently funded at$200,000. DISCUSSION The item before the City Commission is to approve one of the options providing additional safety measures for motorists and pedestrians along Barwick Road. TIMING OF THE REQUEST The timing of this request is of high importance due to School being in session. FUNDING SOURCE Funding is available from the transfer of funds from the Roadway Resurfacing Operating Account ($200,000)to the Barwick Road Project. RECOMMENDATION By motion, approve one of options providing additional safety measures for motorists and pedestrians along Barwick Road. BARWICK ROAD SAFETY OPTIONS: EXHIBIT A OPTION NAME COST 1 TUFF CURB $0 2 CERAMIC JIGGLE BARS $20,500 3 CURB AND GUTTER $255,000 -� - 4 FLEXIBLE DELINEATORS $32,000 r 5 GUARD RAIL $50,000 i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek PE, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: October 13, 2014 SUBJECT: AGENDA ITEM 9.I.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 VALET PARKING LICENSE AGREEMENTS BACKGROUND At its March 4, 2014 meeting the City Commission approved renewal of valet parking license agreements for 32East; Rocco's Tacos; Tramonti's; Max's Harvest; Taverna Opa; Cut 432 and Caffe Luna Rosa. While modifications to various components of the agreements were approved, the City Commission maintained a concern that the monthly fees per space for the queues remains less than the market rate. While considerable discussion was held regarding the market rate for the use of on-street parking spaces used to stage vehicles the Parking Management Advisory Board has maintained a position that reasonably priced parking in the core area is essential for the continuation of our thriving downtown. Taking the proposed rate of$2.00 per hour, multiplied by 7 hours (assuming 5 PM — midnight), at an 85% utilization rate, the value of a parking space during the valet's use would be $357 per space per month. While Staff agrees reasonably priced parking is beneficial, if metering in the core area goes into effect pricing for the valet queue spaces will need further consideration as the spaces would then have a monetary value well in excess of the current fees. Given the current lack of a monetary value associated with the spaces, staff agrees with PMAB's recommendation to maintaining existing program parameters with marginal increases during renewal of the agreements. Over the last several years the cost per space increased a modest three to five percent, (3% - 5%). It is noted, when a fee based program is instituted, this item will be brought back to the City Commission for consideration. At that time the advantages of the program such as the additional parking spaces made available during the City's peak utilization, and customer convenience must be weighed against recouping 100% of lost revenue. DISCUSSION The City Commission is asked to contemplate approval of the valet license agreements with the restaurants noted above. TIMING OF THE REQUEST All valet parking license agreements expired on September 30, 2014. RECOMMENDATION No action is required with this memorandum as it is an overall review of the agreements which will be sub-topics of this agenda item to be presented at the meeting. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: September 4, 2014 SUBJECT: AGENDA ITEM 9.I.1-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 VALET PARKING LICENSE AGREEMENT-AVENUE BAR AND GRILL D/B/A 32 EAST BACKGROUND 32 East has held a Parking License Agreement for operating a valet queue on the south side of Atlantic Avenue between Swinton and SE 1 st Avenues since the inception of the program in 1996. The agreement, as noted in the previous presentation, includes a five percent, (5%) increase upon entering into the agreement with three percent, (3%) increase on each anniversary of the three, (3) year agreement. The current fee per space is $108.15, increasing to $113.56 upon the effective date of the agreement. The queue has operated without any notable issues and is recommended for approval. DISCUSSION The item before the City Commission is to approve a valet parking license agreement with 32 East as noted above. TIMING OF THE REQUEST All valet parking license agreements expired on September 30, 2014. RECOMMENDATION By motion, approve a parking license agreement for Avenue Bar & Grill, d/b/a as 32 East as noted in the preceding staff report. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ("The Agreement") is made this day of 20 ,by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and The Avenue Bar & Grill, d/b/a 32 East a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic; and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking,while being able to monitor its usage; and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Valet Parking Oueues. The CITY agrees to allow LICENSEE the non-- exclusive use of eight (8) parking spaces located on the south side of East Atlantic Avenue between Swinton and SE 1St Avenues, to create a valet parking queue in order to provide valet parking services to the public. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven, (7), days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special 1 events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. ParkinE Locations. LICENSEE will ensure that, its employees and/or any valet operator hired by the LICENSEE will park cars in private parking lot(s) leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and/or any valet operator hired by LICENSEE will not park any cars in on-street or off-street parking spaces owned and/or maintained by the CITY. Upon execution of this license agreement LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessee for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and/or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit"A". 5. Payment. LICENSEE agrees to pay the CITY One 14tmdfed Eight One Hundred Thirteen Dollars and 56/100($113.56) per space by the tenth (10th) day of each month. This fee shall be increased by three percent (3%) annually. A late fee of five percent (5%) will be charged after this date. If more than one License Agreement is 2 issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet operator will be permitted to operate the queue._LICENSEE shall pay one (1) month's fee at the first year rate in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first four (4) hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) may be assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Signage. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3") in height on valet stands and two inches (2") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his/her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following 3 ways: a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50%) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty-three percent(33%)of the total. C) Coupon Prop-ram: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years, commencing on October 1, 2014. If the LICENSEE has an account in arrears and/or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended-until required payment and/or documentation is received. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 4 13. ADA Compliant Parkinii. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA-compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1st Avenue Delray Beach,Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE 5 against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on-street or off-street public parking spaces; b) Parking cars in the designated parking queues; _ c) Double-parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer,passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer,passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees,visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. 6 V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. vi. Smoking in the presence of customers, in customer vehicles or within twenty-five (25)feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and/or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his/her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or 7 contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. c) The LICENSEE may appeal the violation to the City Manager or his or her designee. d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that,notwithstanding the foregoing,the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his/her designee. The use of an off-duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including,but not limited to gross receipts,taxes,use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119,Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and 8 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 LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. Inspector General. LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 26. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 27. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of 120 THE CITY OF DELRAY BEACH, ATTEST: By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney LICENSEE: By: (CORPORATE SEAL) Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least$100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of$500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30)days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 11 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: September 12, 2014 SUBJECT: AGENDA ITEM 9.I.2-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 VALET PARKING LICENSE AGREEMENT/TAVERNA OPA ATLANTIC,LLC BACKGROUND Taverna Opa Atlantic LLC., d/b/a Taverna Opa holds the Parking License Agreement for operating a valet queue on the south side of the 200 Block of East Atlantic Avenue. The agreement, as noted in the previous presentation, includes a five percent, (5%) increase upon entering into the agreement with three percent, (3%) increase on each anniversary of the three (3) year agreement. The current fee per space is $108.15, increasing to $113.56 upon the effective date of the agreement, increasing to $116.97 on the first anniversary of the agreement and $120.48 in the final year of the 3-year agreement. Although recent reports have identified an issue with customers gathering in one place to wait for vehicles to be returned, the valet queue itself has operated with no notable issues and is recommended for approval. Staff will work to find resolve to the overcrowding issues. DISCUSSION The item before the City Commission is to approve renewal of the valet Parking License Agreement for Taverna Opa Atlantic, LLC., d/b/a Taverna Opa. TIMING OF THE REOUEST All valet parking license agreements expired on September 30, 2014. RECOMMENDATION By motion, approve a parking license agreement for Taverna Opa Atlantic LLC., d/b/a Taverna as noted in the preceding staff report. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ("The Agreement") is made this day of 20 ,by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and Taverna Opa Atlantic LLC., d/b/a Taverna Opa a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic; and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking,while being able to monitor its usage; and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Valet Parking Oueues. The CITY agrees to allow LICENSEE the non-- exclusive use of six (6)parking spaces located on the south side of the 200 block of East Atlantic Avenue, to create a valet parking queue in order to provide valet parking services to the public. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven, (7), days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time 1 (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and/or any valet operator hired by the LICENSEE will park cars in private parking lot(s) leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and/or any valet operator hired by LICENSEE will not park any cars in on-street or off-street parking spaces owned and/or maintained by the CITY. Upon execution of this license agreement LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessee for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and/or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit"A". 5. Payment. LICENSEE agrees to pay the CITY One Htmdr-ed Eight 151100 Dellafs ($108.1-5)One Hundred Thirteen Dollars and 56/100($113.56) per space by the tenth (10th) day of each month. This fee shall be increased by three percent (3%) annually. A late fee of five percent (5%) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet 2 operator will be permitted to operate the queue_LICENSEE shall pay one (1) month's fee at the first year rate in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first four (4) hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) may be assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. SiEna2e. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3") in height on valet stands and two inches (2") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his/her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Proerams. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: 3 a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50%) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty-three percent(33%) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years, commencing on October 1, 2014. If the LICENSEE has an account in arrears and/or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended-until required payment and/or documentation is received. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant ParkinE. LICENSEE acknowledges that handicapped parking 4 spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA-compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1st Avenue Delray Beach,Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY 5 harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on-street or off-street public parking spaces; b) Parking cars in the designated parking queues;_ C) Double-parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer,passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer,passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees,visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. 6 vi. Smoking in the presence of customers, in customer vehicles or within twenty-five (25)feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and/or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his/her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 C) The LICENSEE may appeal the violation to the City Manager or his or her designee. d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that,notwithstanding the foregoing,the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his/her designee. The use of an off-duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including,but not limited to gross receipts,taxes,use taxes, property taxes, and sales taxes that may be imposed. 21. Assienment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119,Fla. Stat. or as otherwise provided by law. 8 C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. Inspector General. LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 26. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 27. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of 120 THE CITY OF DELRAY BEACH, ATTEST: By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney LICENSEE: By: (CORPORATE SEAL) Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least$100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of$500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30)days written cancellation notice required. 7. Best's guide rating B+, VIII or better,latest edition. 11 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: September 11, 2014 SUBJECT: AGENDA ITEM 9.I.3-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 VALET PARKING LICENSE AGREEMENT-MAX'S HARVEST BACKGROUND Max's Harvest holds the Parking License Agreement for operating a valet queue on the east side of the 100 Block of NE 2nd Avenue, in front of 169 NE 2nd Avenue. The agreement, as noted in the previous presentation, includes a five percent, (5%) increase upon entering into the agreement with three percent, (3%) increase on each anniversary of the three, (3) year agreement. The current fee per space is $108.15, increasing to $113.56 upon the effective date of the agreement, increasing to $116.97 on the first anniversary of the agreement and $120.48 in the final year of the 3-year agreement. The valet queue has operated with no notable issues and is recommended for approval. DISCUSSION The item before the City Commission is to approve the valet Parking License Agreement for Max's Harvest. TIMING OF THE REOUEST All valet parking license agreements expired on September 30, 2014. RECOMMENDATION By motion, approve the parking license agreement for Max's Harvest as noted in the preceding staff report. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ("The Agreement") is made this day of 20 ,by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation(the "CITY"), and 169 NE 2nd LLC, d/b/a Max's Harvest a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic; and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking,while being able to monitor its usage; and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Valet Parking Oueues. The CITY agrees to allow LICENSEE the non-- exclusive use of three (3) parking spaces located at or near the east side of NE 2nd Avenue in front of 169 NE 2nd Avenue, to create a valet parking queue in order to provide valet parking services to the public. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven, (7), days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special 1 events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. ParkinE Locations. LICENSEE will ensure that, its employees and/or any valet operator hired by the LICENSEE will park cars in private parking lot(s) leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and/or any valet operator hired by LICENSEE will not park any cars in on-street or off-street parking spaces owned and/or maintained by the CITY. Upon execution of this license agreement LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessee for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and/or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit"A". 5. Payment. LICENSEE agrees to pay the CITY One 14tmdfed Eight One Hundred Thirteen Dollars and 56/100($113.56) per space by the tenth (10th) day of each month. This fee shall be increased by three percent (3%) annually. A late fee of five percent (5%) will be charged after this date. If more than one License Agreement is 2 issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet operator will be permitted to operate the queue._LICENSEE shall pay one (1) month's fee at the first year rate in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first four (4) hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) may be assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Signage. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3") in height on valet stands and two inches (2") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his/her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following 3 ways: a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50%) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty-three percent(33%)of the total. C) Coupon Prop-ram: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years, commencing on October 1, 2014. If the LICENSEE has an account in arrears and/or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended-until required payment and/or documentation is received. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 4 13. ADA Compliant Parkinii. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA-compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1st Avenue Delray Beach,Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE 5 against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on-street or off-street public parking spaces; b) Parking cars in the designated parking queues; _ c) Double-parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer,passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer,passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees,visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. 6 V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. vi. Smoking in the presence of customers, in customer vehicles or within twenty-five (25)feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and/or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his/her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or 7 contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. c) The LICENSEE may appeal the violation to the City Manager or his or her designee. d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that,notwithstanding the foregoing,the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his/her designee. The use of an off-duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including,but not limited to gross receipts,taxes,use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119,Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and 8 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 LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. Inspector General. LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 26. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 27. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of 120 THE CITY OF DELRAY BEACH, ATTEST: By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney LICENSEE: By: (CORPORATE SEAL) Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least$100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of$500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30)days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 11 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: September 4, 2014 SUBJECT: AGENDA ITEM 9.I.4-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 VALET PARKING LICENSE AGREEMENT-LSMS,INC.D/B/A TRAMONTI'S BACKGROUND Tramonti's Restaurant holds the Parking License Agreement for operating a valet queue on the east side of NE 2nd Avenue, north of Atlantic Avenue in front of 25 NE 2nd Avenue. The agreement, as noted in the previous presentation, includes a five percent, (5%) increase upon entering into the agreement with three percent, (3%) increase on each anniversary of the three, (3) year agreement. The current fee per space is $108.15, increasing to $113.56 upon the effective date of the agreement, increasing to $116.97 on the first anniversary of the agreement and $120.48 in the final year of the 3-year agreement. The valet queue has operated with no notable issues and is recommended for approval. DISCUSSION The item before the City Commission is to approve the valet parking license agreement with LSMS, LLC, d/b/a Tramonti's. TIMING OF THE REOUEST All valet parking license agreements expired on September 30, 2014. RECOMMENDATION By motion, approve a parking license agreement for LSMS, Inc, d/b/a Tramonti as noted in the preceding staff report. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ("The Agreement") is made this day of 20 ,by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and LSMS, Inc, d/b/a Tramonti a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic; and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking,while being able to monitor its usage; and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Valet Parking Oueues. The CITY agrees to allow LICENSEE the non-- exclusive use of three (3)parking spaces located on the east side of NE 2nd Avenue, in front of 25 NE 2nd Avenue, to create a valet parking queue in order to provide valet parking services to the public. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven, (7), days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time 1 (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and/or any valet operator hired by the LICENSEE will park cars in private parking lot(s) leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and/or any valet operator hired by LICENSEE will not park any cars in on-street or off-street parking spaces owned and/or maintained by the CITY. Upon execution of this license agreement LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessee for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and/or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit"A". 5. Payment. LICENSEE agrees to pay the CITY One Htmdr-ed Eight 151100 Dellafs ($108.1-5)One Hundred Thirteen Dollars and 56/100($113.56) per space by the tenth (10th) day of each month. This fee shall be increased by three percent (3%) annually. A late fee of five percent (5%) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet 2 operator will be permitted to operate the queue_LICENSEE shall pay one (1) month's fee at the first year rate in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first four (4) hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) may be assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. SiEna2e. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3") in height on valet stands and two inches (2") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his/her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Proerams. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: 3 a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50%) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty-three percent(33%) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years, commencing on October 1, 2014. If the LICENSEE has an account in arrears and/or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended-until required payment and/or documentation is received. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant ParkinE. LICENSEE acknowledges that handicapped parking 4 spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA-compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1st Avenue Delray Beach,Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY 5 harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on-street or off-street public parking spaces; b) Parking cars in the designated parking queues;_ C) Double-parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer,passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer,passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees,visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. 6 vi. Smoking in the presence of customers, in customer vehicles or within twenty-five (25)feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and/or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his/her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 C) The LICENSEE may appeal the violation to the City Manager or his or her designee. d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that,notwithstanding the foregoing,the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his/her designee. The use of an off-duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including,but not limited to gross receipts,taxes,use taxes, property taxes, and sales taxes that may be imposed. 21. Assienment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119,Fla. Stat. or as otherwise provided by law. 8 C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. Inspector General. LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 26. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 27. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of 120 THE CITY OF DELRAY BEACH, ATTEST: By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney LICENSEE: By: (CORPORATE SEAL) Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least$100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of$500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30)days written cancellation notice required. 7. Best's guide rating B+, VIII or better,latest edition. 11 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: September 10, 2014 SUBJECT: AGENDA ITEM 9.L5-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 VALET PARKING LICENSE AGREEMENT-CUT 432 BACKGROUND Cut 432 Restaurant holds the Parking License Agreement for operating a valet queue on the south side of the 200 Block of East Atlantic Avenue. The agreement, as noted in the previous presentation, includes a five percent, (5%) increase upon entering into the agreement with three percent, (3%) increase on each anniversary of the three, (3) year agreement. The current fee per space is $108.15, increasing to $113.56 upon the effective date of the agreement, increasing to $116.97 on the first anniversary of the agreement and $120.48 in the final year of the 3-year agreement. The valet queue has operated with no notable issues and is recommended for approval. DISCUSSION The item before the City Commission is to approve Parking License Agreement for Cut 432. TIMING OF THE REOUEST All valet parking license agreements expired on September 30, 2014. RECOMMENDATION By motion, approve the Parking License Agreement for Cut 432 in accordance with the preceding staff report. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ("The Agreement") is made this day of 20 ,by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation(the "CITY"), and Cut 432, LLC d/b/a Cut 432 a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic; and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking,while being able to monitor its usage; and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Valet Parking Oueues. The CITY agrees to allow LICENSEE the non-- exclusive use of three (3)parking spaces located on the west side of SE 4th Avenue just south of Atlantic Avenue, to create a valet parking queue in order to provide valet parking services to the public. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven, (7), days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time 1 (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and/or any valet operator hired by the LICENSEE will park cars in private parking lot(s) leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and/or any valet operator hired by LICENSEE will not park any cars in on-street or off-street parking spaces owned and/or maintained by the CITY. Upon execution of this license agreement LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessee for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and/or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit"A". 5. Payment. LICENSEE agrees to pay the CITY One Htmdr-ed Eight 151100 Dellafs ($108.1-5)One Hundred Thirteen Dollars and 56/100($113.56) per space by the tenth (10th) day of each month. This fee shall be increased by three percent (3%) annually. A late fee of five percent (5%) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet 2 operator will be permitted to operate the queue. LICENSEE shall pay one (1) month's fee at the first year rate in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first four (4) hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) may be assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. SiEna2e. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3") in height on valet stands and two inches (2") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his/her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Proerams. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: 3 a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50%) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty-three percent(33%) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years, commencing on October 1, 2014. If the LICENSEE has an account in arrears and/or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended-until required payment and/or documentation is received. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant ParkinE. LICENSEE acknowledges that handicapped parking 4 spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA-compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1st Avenue Delray Beach,Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY 5 harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on-street or off-street public parking spaces; b) Parking cars in the designated parking queues;_ C) Double-parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer,passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer,passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees,visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. 6 vi. Smoking in the presence of customers, in customer vehicles or within twenty-five (25)feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and/or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his/her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 C) The LICENSEE may appeal the violation to the City Manager or his or her designee. d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that,notwithstanding the foregoing,the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his/her designee. The use of an off-duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including,but not limited to gross receipts,taxes,use taxes, property taxes, and sales taxes that may be imposed. 21. Assienment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119,Fla. Stat. or as otherwise provided by law. 8 C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. Inspector General. LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 26. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 27. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of 120 THE CITY OF DELRAY BEACH, ATTEST: By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney LICENSEE: By: (CORPORATE SEAL) Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least$100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of$500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30)days written cancellation notice required. 7. Best's guide rating B+, VIII or better,latest edition. 11 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Services Director THROUGH: Terry Stewart, Interim City Manager DATE: September 2, 2014 SUBJECT: AGENDA ITEM 9.L6-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 VALET PARKING LICEANSE AGREEMENT-CAFFE LUNA ROSA BACKGROUND Caffe Luna Rosa holds the Parking License Agreement for operating a valet queue on the south side of the 1100 Block of East Atlantic Avenue,just west of Ocean Boulevard, (SR AIA). The agreement, as noted in the previous presentation, includes a five percent, (5%) increase upon entering into the agreement with three percent, (3%) increase on each anniversary of the three, (3) year agreement. The current fee per space is $135.19, increasing to $141.95 upon the effective date of the agreement, increasing to $146.20 on the first anniversary of the agreement and $150.60 in the final year of the 3-year agreement. The valet queue has operated with no notable issues and is recommended for approval. DISCUSSION The item before the City Commission is to approve the Parking License Agreement for Caffe Luna Rosa. TIMING OF THE REOUEST All valet parking license agreements expired on September 30, 2014. RECOMMENDATION By motion, approve the Parking License Agreement for Caffe Luna Rosa as noted in the preceding staff report. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ("The Agreement") is made this day of 20 ,by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and CAFFE LUNA ROSA, INC. d/b/a CAFFE LUNA ROSA, a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic; and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking,while being able to monitor its usage; and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Valet Parking Oueues. The CITY agrees to allow LICENSEE the non- exclusive use of seven (7) parking spaces located on the south side of Atlantic Avenue between Salina Ave and Ocean Boulevard (SR AlA) to create a valet parking queue in order to provide valet parking services to the public. The parking spaces are to be used for valet parking queues daily between the hours of 10:00 a.m. to 11:00 p.m. seven, (7), days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special 1 events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. ParkinE Locations. LICENSEE will ensure that, its employees and/or any valet operator hired by the LICENSEE will park cars in private parking lot(s) leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and/or any valet operator hired by LICENSEE will not park any cars in on-street or off-street parking spaces owned and/or maintained by the CITY. Upon execution of this license agreement LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessee for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and/or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit"A". 5. Payment. LICENSEE agrees to pay the CITY One u„ra,.,.a Thit4 Five -AiRd _19-11-100 Dollars One Hundred Forty One Dollars and 95/100 $141.95 per space by the tenth (10th) day of each month. This fee shall be increased by three percent (3%) annually. A late fee of five percent (5%) will be charged after this date. If more than one License 2 Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet operator will be permitted to operate the queue._LICENSEE shall pay one (1) month's fee at the first year rate in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first few(4) two 2 hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) may be assessed to all vehicles parked in excess of fain(4) two 2 hours West east of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. Si2naye. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3") in height on valet stands and two inches (2") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his/her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Programs. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following 3 ways: a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50%) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty-three percent(33%)of the total. C) Coupon Prop-ram: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years, commencing on October 1, 2014. If the LICENSEE has an account in arrears and/or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended-until required payment and/or documentation is received. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 4 13. ADA Compliant Parkinii. LICENSEE acknowledges that handicapped parking spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA-compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1st Avenue Delray Beach,Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE 5 against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on-street or off-street public parking spaces; b) Parking cars in the designated parking queues; _ c) Double-parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer,passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer,passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees,visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. 6 V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. vi. Smoking in the presence of customers, in customer vehicles or within twenty-five (25)feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and/or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his/her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or 7 contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. c) The LICENSEE may appeal the violation to the City Manager or his or her designee. d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that,notwithstanding the foregoing,the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his/her designee. The use of an off-duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including,but not limited to gross receipts,taxes,use taxes, property taxes, and sales taxes that may be imposed. 21. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119,Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and 8 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 LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. Inspector General. LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 26. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 27. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of 120 THE CITY OF DELRAY BEACH, ATTEST: By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney LICENSEE: By: (CORPORATE SEAL) Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least$100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of$500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30)days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 11 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, PE, Environmental Services Director THROUGH: Terrence Stewart, Interim City Manager DATE: September 12, 2014 SUBJECT: AGENDA ITEM 9.L7-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 VALET PARKING LICENSE AGREEMENT/DELRAY TACO LLC.D/B/A ROCCO'S TACOS BACKGROUND Delray Taco LLC., d/b/a Rocco's Tacos, located at 110 East Atlantic Avenue recently assumed the Parking License Agreement from Prime Steakhouse for the valet queue on the west side of SE 2nd Avenue, south of Atlantic Avenue. As noted in the preceding staff report, in an attempt to maintain reasonably priced parking, the three year term includes a 5% increase upon ratification of the agreement with 3% increases at each anniversary. It is noted, modifications for the queue to be relocated south and expanded to 5-continuous spaces are expected to begin shortly as drawings for the reconfiguration have been received by staff. A warning notice has been generated for an infraction of Section 18 (b) of the agreement having a high- end car, (Bugatti)parked in the valet queue. The valet operator has been advised, regardless of a car's value, it must be parked in the queue's associated parking area. Staff has been assured this will not happen again. Aside from this incident, the queue has operated as well as can be expected given current conditions. Staff is urging start of the reconfiguration as soon as possible. DISCUSSION The City Commission is being requested to approve the Parking License Agreement for Rocco's Tacos. RECOMMENDATION By motion, approve the Parking License Agreement for Delray Taco LLC., for the valet queue on the west side of SE 2nd Avenue. PARKING LICENSE AGREEMENT THIS PARKING LICENSE AGREEMENT ("The Agreement") is made this day of 20 ,by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and Delray Taco, LLC, d/b/a Rocco's Tacos a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, it has been determined that valet parking in commercial areas can reduce issues caused by vehicular traffic; and WHEREAS, valet parking also increases the number of available parking spaces in the City; and WHEREAS, providing a process for obtaining a valet parking license enables the City to allow commercial businesses to have valet parking,while being able to monitor its usage; and WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Valet Parking Oueues. The CITY agrees to allow LICENSEE the non-- exclusive use of two, (2), parking spaces on the west side of SE 2nd Avenue, south of Atlantic Avenue, to create a valet parking queue in order to provide valet parking services to the public. The parking spaces are to be used for valet parking queues daily between the hours of 5:00 p.m. to 2:00 a.m. seven, (7), days per week. LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time 1 (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 3. Parking Locations. LICENSEE will ensure that, its employees and/or any valet operator hired by the LICENSEE will park cars in private parking lot(s) leased to the LICENSEE for that purpose. LICENSEE will ensure that its employees, and/or any valet operator hired by LICENSEE will not park any cars in on-street or off-street parking spaces owned and/or maintained by the CITY. Upon execution of this license agreement LICENSEE must provide the CITY with a lease agreement(s) naming the LICENSEE as the lessee for use of a private parking lot(s) containing sufficient capacity as determined by staff and that complies with the City requirements for parking lots as described in the City's Land Development Regulations. If the lease changes the LICENSEE must provide the CITY with a copy of the new lease agreement within thirty (30 days). Failure to comply with the requirement of this section will be a basis for termination of this License Agreement. 4. Staffing. LICENSEE agrees that the valet parking queues will be staffed by a minimum of two (2) people, with one (1) person dedicated to oversee the queue to ensure that the valet service is operated in a manner that will not result in illegal parking in the queue or stacking and/or blocking of the travel ways of any alleyway, public street, or parking lot. Upon execution of this license agreement, LICENSEE must provide the CITY with a copy of its agreement with the valet operator (if any), and a copy of the valet operator's current insurance certificate as set forth in Exhibit"A". 5. Payment. LICENSEE agrees to pay the CITY One Htmdr-ed Eight 151100 Dellafs ($108.1-5)One Hundred Thirteen Dollars and 56/100($113.56) per space by the tenth (10th) day of each month. This fee shall be increased by three percent (3%) annually. A late fee of five percent (5%) will be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee will be shared proportionately. Only one (1) valet 2 operator will be permitted to operate the queue_LICENSEE shall pay one (1) month's fee at the first year rate in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and returned upon written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at time of termination. Only one, (1), security deposit per LICENSEE shall be required. 6. Maximum Parking Fee Permitted. At no time shall valet parking fees for the first four (4) hours exceed Ten Dollars ($10.00). An extended stay fee in the amount of five dollars ($5) may be assessed to all vehicles parked in excess of four (4) hours west of the Intracoastal Waterway. Valet prices must be prominently displayed on the valet stand and the associated signage as described in Section 7. Extended stay fees are excluded from validation discounts. Customer tickets must be time stamped upon arrival to qualify. 7. SiEnage. The CITY agrees to place signs at the valet parking queue that display the valet parking times and days of service. LICENSEE may use additional signs to advertise the valet service. All valet stands and signage must display the words "OPEN TO THE PUBLIC" in lettering no less than three inches (3") in height on valet stands and two inches (2") in height on all other signage. All lettering must be of similar color and font as the lettering on associated signs. All signage must comply with the City's Sign Code as described in the Land Development Regulations and are subject to the approval of the City Manager or his/her designee. Sandwich board signs may not be used to advertise the valet service. 8. Valet Equipment. The LICENSEE may install a moveable, temporary, valet desk for the storage of keys on the sidewalk during the hours of valet service so long as the desk does not impede the pedestrian flow. All uniforms of the personnel operating the valet service must display "VALET" across the back, in no less than two inch (2") block lettering, and the name of the LICENSEE on the front, left, upper torso. Corporate logos are permitted. Shirts should have collars and be light in color for optimal visibility after dark. 9. Validation Proerams. LICENSEE shall provide a validation program with neighboring businesses interested in validating parking for customers in any of the following ways: 3 a) Donation of Spaces: A neighboring business may provide, by lease or otherwise, the private parking spaces as required in Section 3. The costs to insure the private spaces provided shall be the responsibility of business that is providing the private parking spaces. b) Financial Donation: Neighboring businesses may contribute towards the total costs associated with this License Agreement, including the requirement of the private parking lot(s), in exchange for validation of their customer's vehicles by the LICENSEE. In no case shall their contribution exceed the total cost of the valet parking queue and the private parking lot. For example, if a neighboring business contributes to the costs associated with this License Agreement, the neighboring business will contribute no greater than fifty percent (50%) of the total. If two neighboring businesses contribute to the costs associated with this License Agreement, the neighboring business will each contribute no greater than thirty-three percent(33%) of the total. C) Coupon Program: LICENSEE may offer the sale of coupons to neighboring businesses who want to provide validated parking to customers. 10. Term and Renewal. The term of this Agreement shall be for three (3) years, commencing on October 1, 2014. If the LICENSEE has an account in arrears and/or is unable to provide proof of valid lease(s) and insurance annually by October 1St each year, the license may be suspended-until required payment and/or documentation is received. 11. Revocable License. This Agreement is only a nonexclusive License Agreement and may be revoked by the CITY at any time with or without cause during the initial term or any renewals thereof upon by providing written notice via U.S. Mail, certified, return receipt requested, to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than thirty (30) days prior to cancellation. 12. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking either now existing or as amended from time to time. 13. ADA Compliant ParkinE. LICENSEE acknowledges that handicapped parking 4 spaces in leased private parking lots are subject to statutory regulation and may only be used for parking vehicles that have a valid ADA-compliant license plate or hanging placard issued by any state. Direct access to the valet parking space must be provided for vehicles unable to be operated by valet attendants or for customers who need a safe area to unload passengers with disabilities. Regular valet parking fees apply. 14. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: City Manager 100 N.W. 1st Avenue Delray Beach,Florida 33444 To LICENSEE: 15. Insurance. LICENSEE agrees to provide the CITY with insurance for the valet service in the amounts and under the conditions prescribed in Exhibit "A" which shall at all times remain current. The City of Delray Beach shall be named an additional insured and certificate holder. 16. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY 5 harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 17. Third Parties. Nothing in this license agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this license agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this license agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this license agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 18. Violations. LICENSEE will at all times comply with the terms and provisions of the License Agreement. The following conduct is a violation of this License Agreement and will subject the LICENSEE to the penalties described in Section 19. a) Parking cars in either on-street or off-street public parking spaces; b) Parking cars in the designated parking queues;_ C) Double-parking unattended vehicles in the valet parking queue area; d) Expanding the designated parking queue; e) Inappropriate behavior of the valet operators which shall include, but not be limited to: i. Any instance of the use of language that is obscene, risque or religiously, ethnically or sexually demeaning, or making light of physical or mental disability, regardless of whether it is directed at a customer,passerby or another employee. ii. Any instance of belligerent or malicious behavior toward a customer,passerby or another employee. iii. Striking, hitting, kicking, spitting at or on customers or other employees,visitors, guests or passersby. iv. Littering in landscape nodes adjacent to queuing areas, associated parking lots, or any CITY property. V. Eating in the presence of customers, or in customer vehicles, whether on or off duty. 6 vi. Smoking in the presence of customers, in customer vehicles or within twenty-five (25)feet of customer waiting areas. vii. Willful failure to assist customers. viii. Willful destruction or damage to any CITY property. ix. Violation of uniform dress standards and/or wearing inappropriate attire (for example, provocative clothing, beach apparel, or visible undergarments). X. Reckless or unsafe driving including failure to stop at train crossings, rolling through stop signs, speeding or other violation of Florida State Traffic laws. f) Any conduct that the City believes, in its sole discretion, would jeopardize the health, welfare, and safety of City residents and visitors. 19. Penalties and Enforcement. The City Manager or his/her designee(s) shall enforce the provisions of this License Agreement, including the location, time, days of the valet service, parking limitations and requirements, conduct of operators, and compliance with all applicable laws and ordinances. a) A LICENSEE who violates or allows a violation of any provision of this License Agreement shall be subject to the following penalties: First violation of each offense: Warning Second violation of each offense: $200 Third violation of each offense: $500 Fourth violation of each offense: Termination of License b) A code or law enforcement officer who finds a violation of this License Agreement may issue a notice of violation that states the nature of the violation, the date and the time of the violation, and the procedure to follow in order to pay the penalty or contest the notice. A copy of the notice will be sent to the City Manager. Failure to make payment or contest the notice within thirty (30) days of receipt of the notice will result in termination of the Agreement. 7 C) The LICENSEE may appeal the violation to the City Manager or his or her designee. d) The accumulation of violations shall be limited to each contract year and will start anew on October 1st each year. e) LICENSEE acknowledges that,notwithstanding the foregoing,the CITY, in its sole discretion, may remove or prevent a valet attendant from providing service at any and all City Of Delray Beach valet parking queues at any time as determined by the City Manager or his/her designee. The use of an off-duty police officer at the valet parking queue may be required as determined by the City Manager. 20. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including,but not limited to gross receipts,taxes,use taxes, property taxes, and sales taxes that may be imposed. 21. Assienment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, no less than 30 days prior to such transfer or assignment which the CITY may withhold granting in its sole discretion. 22. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this License Agreement. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Public Records. LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119,Fla. Stat. or as otherwise provided by law. 8 C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 25. Inspector General. LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. 26. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 27. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect except by a further agreement in writing duly executed by each of the parties hereto. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of 120 THE CITY OF DELRAY BEACH, ATTEST: By: City Clerk Cary Glickstein, Mayor Approved as to form: City Attorney LICENSEE: By: (CORPORATE SEAL) Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public — State of Florida 10 EXHIBIT "A" INSURANCE REQUIREMENTS 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least$100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of$500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insureds on the liability policies; and they must be stated on the certificate. 6. Thirty (30)days written cancellation notice required. 7. Best's guide rating B+, VIII or better,latest edition. 11 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Rosanne DeChicchio, Public Information Relations Coordinator Francine Ramaglia, Assistant City Manager THROUGH: Terry Stewart, Interim City Manager DATE: October 10, 2014 SUBJECT: AGENDA ITEM 9.J.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 RESOLUTION NO.57-14/GRANICUS,INC. BACKGROUND Granicus, Inc. is in the business of developing, licensing and offering for sale various streaming media solutions specializing in Internet broadcast and related support services. On January 16, 2007, Regular Agenda Item 9E was presented to the City Commission: GRANICUS, INC. VIDEO/AUDIO STREAMING - Consider authorizing the City Attorney to draft and the Mayor to execute an agreement with Granicus, Inc. in the total amount of$44,500.00 for video streaming of the City Commission Regular meetings and audio streaming of the Emergency Radio Station. City Commission voted to approve (4-0) and an agreement between the City of Delray Beach and Granicus, Inc. was executed on February 23, 2007 (see attached Granicus, Inc. Agreement — 02272007). In April 2011, the City entered into proposal discussions with Granicus, Inc. to modify the existing Agreement to include service upgrades (Granicus Open Platform and Granicus Government Transparency). A Service Agreement was executed between the City of Delray Beach and Granicus, Inc. on November 30, 2012, which included a description of the service upgrades as well as budgetary impact to the City (see attached Granicus, Inc. Service Agreement—Fully Executed 11302012— City of Delray Beach). After careful review by the City Attorney's Office, it was determined that the existing Agreement does not comply with our current procurement code, which requires at least three (3) written quotations before entering into this Agreement. Staff is currently in the research and development phase to initiate a competitive bid solicitation. DISCUSSION The item before Commission is the approval for the continuation of services with Granicus, Inc. for video/audio streaming of City Commission Meetings, live and archived, and audio streaming of the City's emergency radio station for a period of one (1) year at a rate of$870.00 per month for a total annual cost of$10,440.00. Should Commission approve continuation of services, staff will continue its project to engage in a competitive bid solicitation for vendors that provide video/audio streaming and agenda processing. It is the opinion of staff that combining these services under one vendor will prove to be cost effective, enhance support and present a more user friendly design for the public. It is estimated to complete the bid process no later than February 2015, during which time the City may terminate the Granicus, Inc. Service Agreement with or without cause upon sixty(60) days written notice to Granicus. TIMING OF THE REQUEST The Granicus, Inc. Service Agreement, which expires November 30, 2014, shall automatically renew for an three (3) additional terms of one (1) year each, unless either party notifies the other in writing at least thirty (30) days prior to such automatic renewal that the party does not wish to renew this Agreement. FUNDING SOURCE Funding is available from the Public Information Office Repair & Maintenance Service/Other Repair/Maint Costs Account 001 1316 512 46.90. RECOMMENDATION Staff recommends approval for continuation of services with Granicus, Inc. RESOLUTION NO. 57-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE CONTINUATION OF SERVICES FOR VIDEO/AUDIO STREAMING OF COMMISSION MEETINGS AND AUDIO STREAMING OF THE CITY'S EMERGENCY RADIO STATION WHILE THE CITY ENGAGES IN A COMPETITIVE BID SOLICITATION; 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 City of Delray Beach City Manager's Office seeks approval for the continuation of services with Granicus, Inc. to provide video/audio streaming software and managed services for City Commission Meetings and the City's emergency radio station for a period of no more than twelve months commencing December 1, 2014 at the current rate of$870 per month for a total annual fee of$10,440;and WHEREAS, Granicus, Inc. is in the business of developing, licensing and offering for sale various streaming media solutions specializing in Internet broadcast and related support services, providing such services to the City since 2007, and staff has determined that Granicus, Inc. is the provider to best serve the City's interests while the City engages in a competitive bid solicitation; and WHEREAS, the current Agreement currently in effect with Granicus, Inc., which commenced on November 30, 2012, expires on November 30, 2014 at which time this Agreement allows, at the City's discretion, for the automatic renewal of three (3) additional terms of one (1) year each, unless either party submits written cancellation at least thirty (days) prior to such automatic renewal that the party does not wish to renew this Agreement and also allows that the City, during the renewal period, may terminate the Agreement with or without cause upon sixty (60) days written notice to Granicus, Inc.;and WHEREAS, during the continuation of services period the City will engage in a competitive bid solicitation for vendors that provide combined services of video/audio streaming and agenda processing, with an estimated completion date no later than February 27, 2015,which will be presented to the City Commission for consideration and approval of vendor selection; WHEREAS, utilization of the City's competitive procurement methods for the purchase of video/audio streaming is not practical or cost effective due to the City's immediate need for services to maintain government transparency by providing the public with convenient access to live as well as archived video/audio streaming of City Commission Meetings and audio streaming of the City's emergency radio station; 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 attached Agreement between the City of Delray Beach and Granicus, Inc., which provides for the uninterrupted continuation of video/audio streaming of City Commission meetings, both live and archived, and audio streaming of the City's emergency radio station, is in the best interest of the City. Section 3. The City Commission of the City of Delray Beach hereby approves the continuation of services with Granicus, Inc., as stipulated in the current service agreement, section 8.1 TERM, at the current rate of $870 per month, attached as "Granicus, Inc. Service Agreement", The renewal period will remain in effect until such time that a competitive bid solicitation is completed and the City will exercise its option to terminate the agreement with or without cause upon sixty (60) days written notice to Granicus, Inc. 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 GRANICUS,INC. SERVICE AGREEMENT THIS SERVICE AGREEMENT (the "Agreement"), dated as of November 30, 2012 (the "Effective Date"), is entered into between Granicus, Inc. ("Granicus"), a California Corporation, and the City of Delray Beach(the"Client"). A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale various streaming media solutions specializing in Internet broadcasting, and related support services; and B. WHEREAS, Granicus desires to provide and Client desires to (i) purchase the Granicus Solution as set forth in the Proposal, which is attached as Exhibit A, and incorporated herein by reference, (ii) continue with Client's existing solution as described in Exhibit A, (iii)use the Granicus Software subject to the terms and conditions set forth in this Agreement, and (iv) contract with Granicus to administer the Granicus Solution through the Managed Services set forth in Exhibit A. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants,representations and warranties herein contained,the parties hereto agree as follows: 1. GRANICUS SOFTWARE AND MANAGED SERVICES 1.1 Software and Services. Subject to the terms and conditions of this Agreement, Granicus will provide Client with the Granicus Software and Managed Services that comprise the Granicus Solution as outlined in Exhibit A. "Managed Services" shall mean the services provided by Granicus to Client as detailed in Exhibit A. "Managed Services Fee" shall mean the monthly cost of the Managed Services,as detailed in Exhibit A. 2. GRANT OF LICENSE. 2.1 Ownership. Granicus, and/or its third party supplier, owns the copyright and/or certain proprietary information protectable by law in the Granicus Software. 2.2 Use. Granicus agrees to provide Client with a revocable, non-transferable and non-exclusive license to access the Granicus Software listed in the Solution Description and a revocable, non-sublicensable, non-transferable and non-exclusive right to use the Granicus Software. All Granicus Software is proprietary to Granicus and protected by intellectual property laws and international intellectual property treaties. Pursuant to this Agreement, Client may use the Granicus Software to perform its own work and work of its customers/constituents. Cancellation of the Client's Managed Services will also result in the immediate termination of the Client's Software license as described in Section 2.2 hereof. 2.3 Limited Warranty; Exclusive Remedies. Subject to Sections 6.1 and 6.2 of this Agreement, Granicus warrants that the Granicus Software, as provided by Granicus, will substantially perform in accordance with its applicable written specifications for as long as the Client pays for and receives Managed Services. Client's sole and exclusive remedy for any breach by Granicus of this warranty is to notify Granicus, with sufficient detail of the nonconformance, and provide Granicus with a reasonable opportunity to correct or replace the defective Granicus Software. Client agrees to comply with Granicus' reasonable instructions with respect to the alleged defective Granicus Software. Page 1 2.4 Limitations. Except for the license in Section 2.2, Granicus retains all ownership and proprietary rights in and to the Granicus Software, and Client is not permitted, and will not assist or permit a third party, to: (a) utilize the Granicus Software in the capacity of a service bureau or on a time share basis; (b) reverse engineer, decompile or otherwise attempt to derive source code from the Granicus Software; (c) provide, disclose, or otherwise make available the Granicus Software, or copies thereof, to any third party; or (d) share, loan, or otherwise allow another Meeting Body, in or outside its jurisdiction, to use the Granicus Software, or copies thereof, except as expressly outlined in the Proposal. Restriction on use by another Meeting Body shall not apply to any meeting of the staff, City Commission or Advisory Boards or Committees of the Client. 3. PAYMENT OF FEES 3.1 Client agrees to pay all costs as outlined in Exhibit A. 3.2 Monthly billing for Managed Services shall begin upon completion of deployment. For Open Platform and Government Transparency Suites, deployment is completed once the software is installed, tested, deemed by Granicus to be ready for Client's use, and good faith attempts have been made by Granicus to have Client training completed. Client will be invoiced a pro-rated amount for the new Managed Services from the deployment completion date through the end of the month. Thereafter, Client will be billed monthly. 3.3 Client agrees to pay all invoices from Granicus within thirty(30)days of receipt of invoice, provided that Client agrees to pay the Managed Services Fee to Granicus on a monthly basis,no later than the first day of each month in advance of services. Granicus, Inc. shall send all invoices to: Name: City of Delray Beach Title: City Manager's Office Address: 100 NW 1"Avenue Delray Beach,FL 33444 3.4 Upon renewal of this Agreement, Granicus may include (in which case Client agrees to pay) a maximum increase of the Consumer Price Index for All Urban Consumers (CPI- U)percentage rate for the preceding twelve (12)months as of April of the current year(as found at The Bureau of Labor and Statistics website hM://www.bls.gov/CPIs or three(3)percent a year on Client's Managed Services Fee,whichever is less. 3.5 Training Cancellation Policies. Granicus' policies on Client cancellation of scheduled trainings are as follows: (a) Onsite Training. For any cancellations within forty-eight(48)hours of the scheduled onsite training, Granicus, at its sole discretion, may invoice the Client for one hundred (100) percent of the purchased training costs and all travel expenses, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. (b) Online Training. For any cancellations within twenty-four (24)hours of the scheduled online training, Granicus, at its sole discretion, may invoice the Client for fifty (50) percent of the purchased training costs, including any incurred third party Page 2 cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. 3.6 Additions. Granicus, at its' sole discretion, may add features or functionality to existing product suite bundles for various reasons, including to enhance Granicus' offerings, or improve user satisfaction. During the initial period of this Agreement,the customer understands that the use of these additional products is included in the originally agreed upon monthly managed services fees. At contract renewal, the customer acknowledges that this added functionality may have additional monthly managed service charges associated with it and that monthly managed services rates on renewals may have a higher rate than preceding years. Customer will be provided with a minimum of ninety(90) days written notice prior to contract renewal for any increases to monthly managed service charges due to added features or functionality. 3.7 Customer Sup op . At no additional fee, Granicus will use commercially reasonable efforts to provide Client with reasonable telephone or e-mail technical support•twenty- four(24) hours a day, seven (7) days a week, via the office and after hours customer support lines and email address. Support information is listed in Exhibit B. Additional support of software enhancements or modifications may be requested by Client subject to Client's payment to Granicus of additional fees. 4. CONTENT PROVIDED TO GRANICUS 4.1 Responsibility for Content The Client shall have sole control and responsibility o-,er the determination of which data and information shall be included in the Content that is to be transmitted, including, if applicable, the determination of which cameras and microphones shall be operational at any particular time and at any particular location. However, Granicus has the right (but not the obligation) to remove any Content that Granicus believes violates any applicable law or this Agreement. 4.2 Restrictions. Client shall not provide Granicus with any Content that: (i)infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii)violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control and e-mail/spam; (iii)is defamatory or trade libelous; (iv)is pornographic or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes unlawful content or activity; (v) contains any viruses, or any other similar software, data, or programs that may damage, detrimentally interfere with, intercept, or expropriate any system, data, information,or property of another. 5. TRADEMARK OWNERSHIP. Granicus and Client's Trademarks are listed in the Trademark Information exhibit attached as Exhibit D. 5.1 Each Party shall retain all right, title and interest in and to their own Trademarks, including any goodwill associated therewith, subject to the limited license granted to the Client pursuant to Section 2 hereof. Upon any termination of this Agreement, each Party's right to use the other Party's Trademarks pursuant to this Section 5 terminates. 5.2 Each party grants' to the other a non-exclusive, non-transferable (other than as provided in Section 5 hereof), limited license to use the other party's Trademarks as is reasonably necessary to perform its obligations under this Agreement,provided that any promotional materials Page 3 containing the other parry's trademarks shall be subject to the prior written approval of such other party,which approval shall not be unreasonably withheld. 6. LIMITATION OF LIABILITY 6.1 Warranty Disclaimer. Except as expressly provided herein, Granicus' services, software and deliverables are provided"as is"and Granicus expressly disclaims any and all express or implied warranties, including but not limited to implied warranties of merchantability, non- infringement of third party rights, and fitness for a particular purpose. Granicus does not warrant that access to or use of its software or services will be uninterrupted or error free. In the event of any interruption, Granicus' sole obligation shall be to use commercially reasonable efforts to restore access. 6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law, Granicus and its suppliers and licensors shall not be liable for any indirect, special, incidental, consequential, or punitive damages, whether foreseeable or not, including but not limited to: those arising out of access to or inability to access the services, software, content, or related technical support; damages or costs relating to the loss of: profits or revenues, goodwill, data(including loss of use or of data, loss or inaccuracy or corruption of data); or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages and even in the event of the failure of any exclusive remedy. In no event will Granicus' and its suppliers' and licensors' liability exceed the amounts paid by client under this agreement regardless of the form of the claim (including without limitation, any contract, product liability, or tort claim (including negligence, statutory or otherwise). 7. CONFIDENTIAL INFORMATION&OWNERSHIP. 7.1 Confidentiality Obligations. Each party agrees to keep confidential and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information, subject to applicable Florida public record laws. 7.2 Exceptions. The obligations of this Section 7 shall not apply with respect to any particular portion of the Confidential Information if receiving party can prove by appropriate documentation that such Confidential Information (i) was known to the receiving party as shown by the receiving party's files at the time of disclosure thereof, (ii)was already in the public domain at the time of the disclosure thereof, (iii) entered the public domain through no action of the receiving party subsequent to the time of the disclosure thereof, or (iv) is required by law or government order to be disclosed by the receiving party. 7.3 Contract Use Disclosure. The terms and conditions of this Agreement may be used by either party to disclose the terms and conditions to other local agencies in an effort to exhibit the following: the terms and conditions as fair and reasonable, or to determine the best value, or for marketing purposes, or to further business development. 8. TERM 8.1 The term of this Agreement shall commence on the date hereof and shall continue in full force and effect for twenty-four (24) months after the date hereof. This Agreement shall automatically renew for an additional three (3) terms of one (1) year each, unless either party notifies the other in writing at least thirty (30) days prior to such automatic renewal that the party does not wish to renew this Agreement. Page 4 After an initial one(1)year period,Client may terminate this Agreement with or without cause upon sixty(60)days written notice to Granicus. 8.2 Rights Upon Termination Upon any expiration or termination of this Agreement, and unless otherwise expressly provided in an exhibit to this Agreement: (a) Client's right to access or use the Granicus Solution, including Granicus Software,terminates and Granicus has no further obligation to provide any services; (b) Client has the right to keep any purchased hardware, provided that Client removes and/or uninstalls any Granicus Software on such hardware. However, if Client has received hardware as part of a Granicus Open Platform Suite solution("Open Platform Hardware"), Client understands that upon termination of this Agreement, Client shall immediately return the Open Platform Hardware to Granicus, Inc. The Open Platform Hardware must be returned within fifteen (15) days of termination, and must be in substantially the same condition as when originally shipped, subject only to normal wear and tear, and (c) Client shall immediately return the Granicus Software and all copies thereof to Granicus, and within thirty (30) days of termination, Client shall deliver a written certification to Granicus certifying that it no longer has custody of any copies of the Granicus Software. 8.3 Obligations Upon Termination. Upon any termination of this Agreement, (a) the parties shall remain responsible for any payments that have become due and owing up to the effective date of termination; (b) the provisions of 2.1, 2.4, 3, 4, 5, 6.1, 6.2, 7, 8.3, and 10 of the agreement, and applicable provisions of the Exhibits intended to survive, shall survive termination of this Agreement and continue in full force and effect; (c) pursuant to the Termination or Expiration Options Regarding Content, as described in Exhibit E, Granicus shall allow the Client limited access to the Client's Content, including, but not limited to, all video recordings, timestamps, indices, and cross- referenced documentation. The Client shall also have the option to order hard copies of the Content in the form of compact discs or other equivalent format; and (d) Granicus has the right to delete Content within sixty (60) days of the expiration or termination of this Agreement. 9. PATENT, COPYRIGHT AND TRADE SECRET INFRINGEMENT 9.1 Granicus' Options. If the Granicus Software becomes, or in Granicus' opinion is likely to become, the subject of an infringement claim, Granicus may, at its option and sole discretion, (i) obtain for Client the right to continue to use the Granicus Software as provided in this Agreement; (ii) replace the Granicus Software with another software product that provides similar.functionality; or (iii) if Granicus determines that neither of the foregoing options are reasonably available, Granicus may cease providing the applicable services or require that Client cease use of and destroy the Granicus Software. In that event, and provided that Client returns or destroys (and certify to such destruction of) all copies of the Granicus Software in Client's Page 5 possession or control, if any, Granicus will refund to Client all license fees paid by Client under the current Agreement. 10. MISCELLANEOUS. 10.1 Amendment and Waiver. This Agreement may be amended, modified, waived or canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Any failure by either party to strictly enforce any provision of this Agreement will not be a waiver of that provision or any further default. 10.2 Governing Law. The laws of the State of Florida shall govern the validity, construction,and performance of this Agreement,without regard to its conflict of law principles. 10.3 Construction and Severability. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect. 10.4 Independent Contractors. The parties are independent contractors, and no other relationship is intended by this Agreement. 10.5 Force Majeure. Other than payment obligations, neither party is responsible for any delay or failure in performance if caused by any event outside the reasonable control of the party, including without limitation acts of God,government regulations, shortage of supplies, act of war,act of terrorism, earthquake, or electrical,internet or telecommunications outage. 10.6 Closed Captioning; Services. Client and Granicus may agree that closed captioning or transcription services will be provided by a third party under this agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such independent third party. [The remainder of this page left blank intentionally] Page 6 This Agreement consists of this Service Agreement as well as the following exhibits,which are incorporated herein by reference as indicated: Exhibit A: Proposal and Current Solution Exhibit B: Support Information Exhibit C: Hardware Exhibit Exhibit D: Trademark Information Exhibit E: Termination or Expiration Options Regarding Content IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, GRANICUS,INC. Y Approved as to form and Legal sufficien Ed Roshitsh By: .: Its: President C' Attorney f Address: 600 Harrison Street, Suite 120 San Francisco, CA 94107 CITY OF, ,hIELRAY BEACH - J -77 k���� Name: David T_ Harden Its: Cify Manager Address: 100 NW I'Avenue Delray Beach,FL 33444 Date: Page 7 EXHIBIT A PROPOSAL AND CURRENT SOLUTION [The remainder of this page is left blank intentionally.] Page 8 granicus. Proposal for the rity of 1%0 Delray Beach, Ftorida .V Granicus Open Platform and Government Transparency Suites - I r n j Proposal presented to: Dc Bias Smith Assistant City Manager City of Delray Beach, Florida November 2012 P ) granicus. _ _ _ P1 a tJosc.i _ CC:11SA i,ihlF gp V.:f.T i[? 7i i_ November 30th, 2012 Dear Mr. Smith, Thank you for considering Granicus, we're excited to support your equipment replacement needs and your mobile streaming initiatives. It has been a pleasure to work with the City of Delray Beach over these past five years and we look forward to continuing our rewarding, long-term relationship with you. This project is going o... • Replace existing equipment with a fully managed Granicus Encoding Appliance Enable live and on demand mobile streaming architecture e Increase overall video quality with increased bit rate streaming F Offer downloadable media formats • Provide Enterprise licensing for the Granicus iLegislate application Provide the latest Granicus technology with a conversion to the Open Platform and Government Transparency Suites • License the City of Delray Beach for unlimited content and indefinite retention On the following few pages, you will find a breakdown of the proposed solution, some of our key differentiators, detailed pricing, and a checklist that outlines our next steps. Most Sincerely, Cl11_ri s- Christopher D. Voorhees Account Manager 415 357 3618 x 1166 Granicus, Inc. 2 600 Harrison Street,Suite 120,San Francism, 0' _ V! -C it o o Q E E D Q a r- 0 0 o 0 ci Q o m r+ co (D �t ` o L L a�i f o °o, p L6 0 U 'a � ni O a) � aj v an �` a- bD Q Q O c-i N L 41 X +' '. ;.4 r a] c O m p m 0 ru sn (II U p O L o � 3 a M U Q 0 Ln `n o U �, _U i Q C > o u N LA v N ai tio i a) C n v +' a ai C O m + O �_ Y O [Ca O cu O O _fu 4- aJ -a ° a c ° O m >- O w y E O G s +- N (O ` m tw \ DD E + N ? u O O b N m CL y \ 'n O I7 O -6 O c ta 4° m o00 `n O E u +' ai ho C C ° i Op � N Ll Q1 E 0. f fa C 4- a Q M 4-J [6 — m 2 fNO -C Q 1 E � $ O J n A 4.1 C14 LA Ln r_ aD P O of N i tv� a c = = a O ru C +J d u ,Q a f° E ai m w m w c x am x Q V n CJ u Q v1 aJ > 'a u 3 vOi m v O y O n O i aJ Q Q al 7 aJ O 4-1 -� CU . +t a� o E O U u .2 O a rn O a a Q cn E �y E a C o c CL L o W y 0 V � x�, granicus. � Granicus 10, Open PI(atform The Granicus® Open Platform is the cloud-based foundation for all Granicus applications. It allows government organizations to manage and store an unlimited amount government public meeting data. It is the core of our content management, administration and distribution tools and includes free access to our APIs and SDKs, helping you seamlessly connect your Granicus solution to systems in place. The Granicus Platform includes the ability tc upload and publish content including videos and documents. Click here for more ini'ormation on the Granicus Open Platform. • Unlimited content storage and distribution • Open architecture and SDK • Archived video editing and indexing • CiL-;zen web portal • Live and on-demand streaming to mobile devices Granicus@ MediaManager MediaManager is the cloud-based foundation for all Granicus applications. It allows government organizations to manage and store an unlimited amount of public meeting data. This foundation also includes the core of our content management, administration and distribution tools that are leveraged in each of our suites. The Granicus infrastructure includes free access to our APIs and SDKs to help you seamlessly connect your Granicus solution to systems in place at your organization. Granicuso Open Flatfol m Encoding Appliance The Granicus Encoding Appliance is designed and built to provide government organizations with a complete streaming solution. Each pre-configured appliance is delivered ready to stream. Simply connect power, network and an audio/video source. Full appliance control is available through a web browser or locally installed client application. The Granicus Encoding Appliance can be configured to store up to 500 GB of your most recent archived content. Standard encoding bit rates use approximately 1 GB of disk space for every 4 hours of content. Granicus Cloud Storage is unlimited. 4 WWW._RMMM5.CaM Mrarrisan Stjtet, Suite 120,San Francimca. CA 94107 a (415)357-3618 granicus. Proposca t Granicus uses pull streaming which requires a routable static public IP address and an inbound conrection over TCP port 8080 (configurable) that gets forwarded to the Ap !iance. Streaming at standard bitrates requires 60GKbps upstream. In addiion to a single stream to Granicus for unlimited public vie-wing, the Appliance is capable of providing local live and ors-demand Unicast streaming for up to 50 internal viewers. All initial viewing requests are made on a Granicus hosted web page which examines the public IP address of the request. Viewers that are determined+ to be public, or outside the local network, are served the stream directly by Granicus and internal viewers are transparently redirected to the Appliance on the local network. For organizations that need t_- support more than 50 concurrent streams, Granicus offers the Performance Accelerator which moves the local distribution components on to a dedicated to internal streaming device. G ovei~nme,�t TransparenIcy Suite The Government Transparency Suite gives your citizens greater access to public meetings and records online. Take the next step towards transparency and stream meetings and events live, link related documents to your video and provide advanced searching of archives. The Government Transparency Suite gives you unlimited cloud bandwidth and storage as well as local live and on-demand streaming for up to 50 concurrent viewers. This Suite also allows you to connect agenda data to the Wad to review agendas and supporting documents,take notes and more through the iLegislate application. Click here for more information on the Government Transparency Suite. ■ Stream unlimited meeting bodies and events live M • Intelligent media routing '�"'"vtueKvu •- > ,.�,._... ■ Index video in real-time and link to relevant materials • Build reports and analytics on visitor trends ■ Electronic agenda syncing to the Wad Offer downloadable media formats v� 5 .W Harrisun Weet,Suite 12D.San Frarxism,M94107 granicus. __._. _ r c p o s a� iv, j I vV Granicus provides a comprehensive Managed Services package with every solution to ensure long- lasting success with our tech,iologies while maxi,nizing your solution's performance. Our full! managed and hosted infrastructure offers unlimited bandwidth, storage and the highest security standards of your data through a cloud-based platform. Our remote, proactive systems monitoring gua antees faster response L'ime, predicts problems before they arise, and helps reduce the cost of IT support and maintenance. The Granicus 'earn works around-the-clock to ensure your applications are protected and operating smoothly. You also receive continual access to advanced learning tools and the Bands-on support, knowledge, and expertise of our skilled Support Engineers and Customer Advocacy professionals. 6 600 - ti)granicus. o saa ' C y 1 E R j E nl 00 u o` C ° c .a c act _ m Professional Services 0 o d a Oa 01= ua Zu"a a2 Elir 1 Encoding Appliance • • • One-time installation of an on-premise unified encoding and storage appliance. Hosted Web-Based Application • • ~• —• + Activation of a hosted media and content management application. Agenda Parser • • • Installation of the agenda parser to read and M parse documents autom,.tically. eeting Softw_ _are �^ • — -� Local installation of software in meeting 1 chambers to boost minutes efficiency. + Application installation to live broadcast text Public Display • displays of meeting actions In-person, ! online,or over TV. Touch-screens Local installation of touch-screen monitors • and applications in meeting chambers . Workflow Assessment i • ! • Careful workflow review and software -- — -. — configuration. Workflow Implementation • • Hands-on guidance and support to ensure - -- — — smooth and successful user adoption. - j Onsite Training and Meeting Support f Y Day/ s Day/ On-premise support and^mentorship to 1 MB* Sys Admin guide users during a live meeting. Self-Paced Online • • • 1 • • On-demand online training courses accessible anytime,anywhere. iInstructor-led Online TrainingSeries ! 6 hrs/ _ 12 hrs/ 5 Day Live online training led by a training 8 Users 1 MB Combo w, professional in a classroom environment: I Onsite Training and Meeting Support 1.5 Day/ S Day Intensive hands-on training at the clients' 1 MB" ;:o;noo w/ location to address unique user needs. Online v Standard Website Integration + Standard media player and media portal embedded into customer's branded website. Customized Website Integration Custom design and integration of a media • • • player and media portal to match the look + _ _- -_---.— .__-_. —_ and feel_ofthe customer's branded website. Legislative Portal Website Integration ? Standard portal for legislative information i i • that matches the look and feel of customer's branded website. Document Assessment Analysis of current document layouts to F • • • ensure content importing and management I is successful. Customized Agenda Template _ Development of an HTML agenda template • ! • to support indexing, search, and electronic I comments. Customized Minutes Template Development of a minutes template in • HTML or Microsoft Word to support video I ' Standard Reports • Standardized report tem latP agendas for a ndas and minutes. Public Display Template — • Configuration including graphics, colors, fonts,and standard text elements. 7 600 HarriSan r ■ CA 94107 i granicus. !I�1- ! • World's most experienced provider of government t,•ansparency, citizen participation, meeting efficiency, and legislative management solutions with: • Over 9C0 cleni:s in all 50 states,at every level of government • Over 31 million government webcasts viewed • More than 265,350 government meetings online • First fully integrated legislative workflow management system for local government • Open API architecture and SDK alloy for seamless integrations with systems already in place r Certified integrations provide flexibility and choice of agenda workflow solutions • Exclusive provider of a native Pad application that alloys users to review agendas and supporting materials, bookmark and take notes on items, as well as stream archived videos • Only government webcastin service to provide encoding, minutes annotation, transcription, end closed captioning services • Truly unlimited storage and distribution for all meeting bodies and non-meeting content • Indefinite retention schedules for all archived meeting and non-meeting content • Only provider of both government webcasting and citizen engagement services • 24/7/365 customer service and support • 97%customer satisfaction rating, 98,5%client retention rating • One of the 100 companies that matter most in online video by Streaming Media magazine • Ranked 185 on Deloitte 500 fastest growing companies ■ Ranked 419 on Inc 500 fastest growing companies s Client Success stories are available here: http://www.granicus.com/Clients/Case-Studies.aspx 8 www-grar�cus.com a 600 Harrison SLreeL,Suite In,San Frandsco, CA 9-4107 v (415)357-3618 EXHIBIT B SUPPORT INFORMATION 1. Contact Information. The support staff at Granicus may be contacted by the Client at its mailing address,general and support-only telephone numbers,and via e-mail or the Internet. (a) Mailing Address. Mail may be sent to the support staff at Granicus headquarters, located at 568 Howard Street, Suite 300, San Francisco, California,94105. (b) Telephone Numbers. Office staff may be reached from 8:00 AM to 7:00 PM Pacific time at(415)357-3618 or toll-free at(877) 889-5495. The technical support staff may be reached at(415)357-3618 opt 1 from 5:00 AM to 6:00 PM Pacific time. After hours or in case of a technical support emergency, the support staff may be reached at (415) 655-2414, twenty-four (24)hours a day, seven(7)days a week. (c) Internet and E-mail Contact Information. The website for Granicus is htlp://www.w-anicus.com. E-mail may be sent to the support staff at sgpl2ort@granicus.com. 2. Recognized Client Representatives. Granicus strives to provide unparalleled support to its Clients by ensuring that Client staff is properly educated and is prepared to maximize its Granicus Solution. Any Client Representative who wishes to participate and receive Granicus customer advocacy services shall participate in and complete the training program that is suited for the Granicus Solution. Once a Client Representative completes the training, that Representative will be recognized in Granicus' internal system as qualified to receive support and ongoing education services. All Client Representatives are eligible to receive technical support services,regardless of participation in the training program. 3. Support Policv. When Granicus receives notification of an issue from Client, a Granicus account manager or technical support engineer will respond directly to the Client via phone or e-mail with (a) an assessment of the issue, (b) an estimated time for resolution, and (c) will be actively working to resolve the issue as appropriate for the type of issue. Notification shall be the documented time that Granicus receives the Client's call or e-mail notifying Granicus of an issue or the documented time that Granicus notifies Client there is an issue. Granicus reserves the right to modify its support and maintenance policies, as applicable to its customers and licensees generally, from time to time,upon reasonable notice. 4. Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will not be counted as downtime. Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance. Granicus will provide the Client with at least two (2) days prior notice for any scheduled maintenance. All system maintenance will only be performed during these times, except in the case of an emergency. In the case that emergency maintenance is required,the Client will be provided as much advance notice, if any, as possible under the circumstances. Every effort shall be made to arrange scheduled maintenance so that it does not interfere with Client's live streaming events. 5. Software Enhancements or Modifications. The Client may, from time to time, request that Granicus incorporate certain features, enhancements or modifications into the licensed Granicus Software. Subject to the terms and conditions to this exhibit and the Service Agreement, Granicus and Client will use commercially reasonable efforts to perform all tasks in the Statement of Work ("SOW"). Upon the Client's request for such enhancements/modifications, the Client shall prepare a SOW for the specific project that shall define in detail the Services to be performed. Each such SOW signed by both Page 9 - parties is deemed incorporated in this exhibit by reference. Granicus shall submit a cost proposal including all costs pertaining to furnishing the Client with the enhancements/modifications. 5.1 Documentation. After the SOW has been executed by each party, a detailed requirements and detailed design document shall be submitted illustrating the complete financial terms that govern the SOW, proposed project staffing, anticipated project schedule, and other information relevant to the project. Such enhancements or modifications shall become part of the licensed Granicus Software. 5.2 Acce tance. Client understands that all work contemplated by this exhibit is on a"time- and-materials" basis unless otherwise stated in the SOW. Within ten (10) business days of Granicus' completion of the milestones specked in the SOW and delivery of the applicable enhancement/modification to Client, Client will provide Granicus with written notice of its acceptance or rejection of the enhancement/modification, based on the acceptance criteria set forth in the SOW. Client agrees that it will not reject any enhancement/modification so long as it substantially complies with the acceptance criteria. 5.3 Title to Modifications. All such modifications or enhancements shall be the sole property of the Granicus. 6. Limitation of Liability;Exclusive Remedy. IN THE EVENT OF ANY INTERRUPTION, GRANICUS' SOLE OBLIGATION,AND CLIENT'S EXCLUSIVE REMEDY, SHALL BE FOR GRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS AS SOON AS REASONABLY POSSIBLE. [End of Support Information] Page 10 EXMBIT C GRANICUS,INC. HARDWARE EXHIBIT THIS HARDWARE EXHIBIT is entered into by Granicus and Client, as an attachment to the Service Agreement between Granicus and Client, for the hardware components of the Granicus Solution (the "Hardware")provided by Granicus to Client. This exhibit is an additional part of the Service Agreement and is incorporated therein by reference. Capitalized terms used but not defined in this exhibit have the meanings given in the Service Agreement. 1. Price. The price for the Hardware shall be the price specified in the Proposal. 2. Delivery. Any scheduled ship date quoted is approximate and not the essence of this exhibit. Granicus will select the shipment method unless otherwise mutually agreed in writing. Granicus retains title to the Hardware. Granicus retains title to and ownership of all Granicus Software installed by Granicus on the Hardware,notwithstanding the use of the term"sale"or"purchase." 3. Acceptance. Use of the Hardware by Client, its agents, employees or licensees, or the failure by Client to reject the Hardware within fifteen (15) days following delivery of the Hardware, constitutes Client's acceptance. Client may only reject the Hardware if the Hardware does not conform to the applicable written specifications. 4. Service Response Time. For Hardware issues requiring replacement, Granicus shall respond (via written or verbal acknowledgment) to the request made by the Client within twenty-four (24) hours. If confirmed by Granicus that Hardware requires replacement, Granicus will deliver replacement hardware directly to the Client after such confirmation via overnight shipping. The Hardware and software will be configured to the original specs of the client. Once the Hardware is received Client's responsibilities will include: a. Mount server on client rack(if applicable) b. Connecting original network cables. c. Connecting original audio and video cables(if applicable). 5. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING THE MAINTENANCE PROVIDED UNDER SECTION 7 BELOW, GRANICUS DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT, WITH RESPECT TO THE HARDWARE. NO PERSON IS AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF GRANICUS. 6. LEMTATION OF LIABILITY. GRANICUS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS EXHIBIT INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT WILL GRANICUS' LIABILITY TO CLIENT ARISING OUT OF OR RELATING TO THIS EXHIBIT EXCEED THE AMOUNT OF THE PRICE PAID TO GRANICUS BY CLIENT FOR THE HARDWARE. Page 11 7. Managed Hardware. In the event of malfunction for Managed Hardware provided by Granicus, Granicus Hardware that is maintained as part of a managed Open Platform service will be repaired or replaced as part of the managed services as long as Client is current with Client's monthly subscription payment. The key features of the Managed Hardware are as follows: • Robust support for hardware, O/S, and applications • 7x24x365 phone, chat and email support from certified experts • In the event of Hardware failure, Granicus will deliver overnight replacement hardware directly to the Client. Escalation management. Granicus provides the above mentioned services under Client's acknowledgment that all Granicus tools, and systems will be installed by the manufacturer chosen by Granicus within the Managed Hardware,provided to the client. These software tools have been qualified by Granicus to allow the highest level of service for the client. While it is Granicus' intention to provide all Clients with the same level of customer care and warranty, should the Client decline these recommended tools, certain levels of service and warranty may not be guaranteed. S. Purchased Hardware Warranty. For Hardware purchased from Granicus by Client, Granicus will provide to Client any warranty provided by the manufacturer with respect to the Hardware. Granicus shall repair or replace any Hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials as long as such Hardware is then under the manufacturer's warranty. 9. Use of Non-Approved Hardware. The Granicus platform is designed and rigorously tested based on Granicus-approved Hardware. In order to provide the highest level of support, Granicus requires the use of Granicus-approved Hardware in your solution. While it is Granicus' intention to provide all clients with the same level of customer care and continuous software upgrades, Granicus does not make any guarantees whatsoever in the event Client uses non-approved hardware. 10. Client Changes to Managed Hardware Prohibited. In the event changes are made by Client to the managed hardware without the approval of Granicus, Granicus may charge Client a one-time fee of two hundred fifty ($250.00) dollars to restore the system back to standard settings. Such changes may include, but are not limited to: operating system level changes;third party software installations; changes to Granicus software, and/or configurations; and/or changes to third party system and/or network monitoring tools. [end of Hardware Exhibit] Page 12 EXMBIT D TRADEMARK INFORMATION Granicus Registered Trademarks granicus- Granicus logo as a mark Granicus® MediaVaule Mobile Encoder® Outcast Encoder® StreamReplicatoe Granicus Trademark Names TM Integrated Public RecordTm Intelligent Routing' LinkedMinutesTM LiveManager"m MediaCenter MediaManager,. MeetingMemberTm MeetingServerTm Simulcast Encoder" VoteCast"" VoteCast"m Classic VoteCastTm Touch Client Trademarks Page - - 13 EXHIBIT E TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT In case of termination by Client or expiration of the Service Agreement, Granicus and the Client shall work together to provide the Client with a copy of its Content. The Client shall have the option to choose one (1) of the following methods to obtain a copy of its Content: • Option 1: Video/Audio files made available through optional media: data CD, external hard drive, or Granicus provided FTP site. A CSV, XML, and/or database file will be included providing clip information, and/or legislative content. If Client supplies the external hard drive, this option shall be provided free of charge. • Option 2: Provide the Content via download from MediaManager or from a special site created by Granicus. This option shall be provided free of charge. • Option 3: Granicus shall provide the means to pull the content using the Granicus Application Programming Interface. This option shall be provided free of charge. The Client and Granicus shall work together and make their best efforts to transfer the Content within the sixty(60) day termination period. Granicus has the right to delete Content from its services after sixty(60) days. Page 14 MEMORANDUM TO: Mayor and City Commissioners FROM: Terry Stewart,Interim City Manager DATE: October 8, 2014 SUBJECT: AGENDA ITEM 9.K.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 NOMINATION FOR APPOINTMENT FOR PLANNING AND ZONING BOARD BACKGROUND There is a vacancy for a regular member to serve on the Planning & Zoning Board due to Mr. Jerome Sanzone's passing. The term is unexpired ending August 31, 2016. Nomination for appointment is needed for one (1)regular member. 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 Jar ura (Seat#4) for one (1)regular member to serve an unexpired 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 an unexpired term ending August 31, 2016. PLANNING & ZONING EXHIBIT A David Beale Attorney Jason Bregman Consultant/Landscape Architecture LeaAnne DeRigne Educator(currently serving on the Police Advisory Board) Kat Kadian-Baumeyer Real Estate Associate (also applying to the Historic Preservation Board) Steve Mackey Broker-Real Estate/Business Owner William Morris Real Estate Developer/Business owner Kenneth Peltzie Health Administration/Self-employed Melvin Pollack Retired Veteran/Security Brett Porak General Contractor/Urban Planning/Real Estate Associate Ana Puszkin-Chevlin Urban Planning and Development Consultant/Self-employed Daniel Rose Attorney Thuy Shutt Land DevelopmentBuilding Design & Construction/Urban Planning Alan Siegel Attorney (currently serving on the Police Advisory Board) Louis Smith Merchandising/Sales Dorota Szwen Architect Kevin Warner Educator(also applying to the Historic Preservation Board) Bryan Weber Attorney (currently serving on the Board of Adjustment) PLANNING AND ZONING BOARD 10/14 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2016 Jay Jacobson Real Estate Appt 08/05/14 Investment/ Architect 08/31/2016 Mark Krall Attorney Appt 08/05/14 08/31/2016 Joseph Pike Civil Engineer Appt 08/05/14 08/31/2015 Christopher Davey Real Estate Broker Appt 08/20/13 08/31/2016 Vacant 08/31/2015 Gerald Franciosa Accounting/Retired Appt 10/01/13 Law Enforcement 08/31/2015 Robin Bird Planning& Zoning Appt 4/16/14 Director Contact: Diane Miller x-7041 S/City Clerk/Board 14/Planning&Zoning \ U / W � \ Q / z � � � � A-i A-i d' A-i A-i d' d' I I I I •� o a Ln cc o \ H z V) Q) / a ° : � \ 1 O 0 \ cc V) / / cc ° 'o \ \ N M O M O M / O O O p �--� O O O O O O O O O O O O O O O O O bA ��'"' \ r-• ,--' ,--, r-• r-• r-• r-• r-• r-• r-• r-• ,t,'N 4 oc cc o � � � O bp Cc) Cc) E E E z z I . \"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/\"/ ,i w MEMORANDUM W TO: Mayor and City Commissioners FROM: Terry Stewart, Interim City Manager DATE: October 8, 2014 SUBJECT: AGENDA ITEM 9.L.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 NOMINATION FOR APPOINTMENT FOR HISTORIC PRESERVATION BOARD BACKGROUND There is a vacancy on the Historic Preservation Board, due to the resignation of Mr. David Harden. This creates a vacancy for one (1) regular member to serve an unexpired term ending August 31, 2016. Nomination for appointment is needed for one (1)regular member. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The following individuals have submitted applications and would like to be nominated for appointment: (Applications are in alphabetical order; however, the applicants are placed in their respective categories.) (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 Mayor Glickstein (Seat #5) for one (1)regular member to serve an unexpired term ending August 31, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Historic Preservation Board. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1) regular member to serve on the Historic Preservation Board for an unexpired term ending August 31, 2016. HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Linda Albright Real Estate Associate Ana Maria Aponte Urban Designer Saralyn Buzen Retired—Educator/Business Owner Kat Kadian-Baumeyer Real Estate Associate (also applying to the Planning & Zoning Board) Adam Reback Operation Consultant(currently serving on the Nuisance Abatement Board) Juliet Robinson Real Estate Associate Jesse Saginor Urban Regional Planning Associate Professor Rhonda Sexton Housing & Interior Design/ Certified General Contractor Kevin Warner Educator(also applying to the Planning& Zoning Board) Scott Wheeler Real Estate Associate HISTORIC PRESERVATION BOARD 10/14 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2016 Angela Budano Land Planning/ Appt 08/05/14 Event Coordinator 08/31/2015 Ronald Brito General Contractor Appt 08/16/11 President Reappt10/01/13 08/31/2016 John Miller Merchandising Unexp Appt 08/20/13 Director Reappt08/05/14 08/31/2016 Vacant 08/31/2016 Price Patton Journalism Appt 08/05/14 08/31/2015 Andrea Sherman Interior Appt 07/01/14 Designer 08/31/2015 Samuel Spear, 2nd Vice Chairperson Computer Consultant Appt 09/06/11 Reappt 08/20/13 Contact: Diane Miller X 7041 S/City Clerk/Board 14/Historic Preservation Board \ U / / z 0 C W W r — Z 0 \ Z O C W w r — Z 0 / CA / \ 0 Z O z w w H — o ° \ j O � N Z O Z 0 o/ N Z O z 0 ~ N zs C�j I� Z O w w H — Z 0 I � `�j / \ �I z O w w H — z 0 U IC�j \ C�j N / CIJ oc p O O O O O O p O O O O O O O O O QA / O O C /'O / C�j N N CA w MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: October 7, 2014 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF OCTOBER 21,2014 AMENDED AND RESTATED DEVELOPMENT AGREEMENT REGARDING ATLANTIC CROSSING AND RELEASE,HOLD HARMLESS AND INDEMNIFICATION AGREEMENT BACKGROUND Pursuant to Florida Statute, this is the first of two public hearings to consider an amendment to the existing Development Agreement between the City, the Owners and the Developer of the project commonly known as Atlantic Crossing. On July 28, 2011, the City, CDS Delray, LLC, CDR Atlantic Plaza, LTD, and CDS Freecore LLC (collectively, the "Owners") executed a Development Agreement for the redevelopment of approximately 9.22 acres of land, consisting of a 8.6 acre parcel of land generally located at 777 East Atlantic Avenue and an existing .62 acre parking lot on the northeast corner of N.E. 1St and N.E. 7th Avenue (the "Property"). A detailed site plan was not included as a part of the approval of the 2011 Development Agreement. The City subsequently approved a site plan on May 23, 2013 for the project which was submitted by Edwards CDS, LLC (the "Developer") on behalf of the Owners. The May 23, 2013 site plan was superseded on January 21, 2014 when the City Commission approved a new site plan for the Property. The Owner and Developer are now seeking approval of an Amended and Restated Development Agreement ("Amended Agreement") consistent with the January 2014 site plan approved by the City Commission and the Atlantic Crossing Conditional Use and Class V Site Plan Approval Staff Letter dated February 12, 2014. As a consequence of the City Commission site plan approval in January 2014, the Harbour House Homeowners Association filed two lawsuits against the City, the project Owners and the Developer. On February 20, 2014, Harbour House filed a petition for a writ of certiorari seeking a court determination as to whether the actions of the City to approve the site plan departed from the essential requirements of the law. This action has been fully briefed by all parties and we are awaiting a ruling by the Court. On May 1, 2014, Harbour House filed a second action for declaratory and injunctive relief to establish its rights under ingress/egress easements on the site granted by the City in 2009 and 2011, and asking the Court to enjoin construction. The City and Owner/Developer each filed motions to dismiss this action. A specially set hearing was held on September 5, 2014 to argue the motions. At the request of the court, proposed forms of final orders on the motion have been submitted and the parties are awaiting ruling. The City is authorized to enter into development agreements pursuant to Chapter 163 Florida Statutes and LDR Section 2.4.11. The purpose of the Amended Agreement is to incorporate the new conditions approved by the current site plan into a development agreement. It should also be noted that all obligations in the Amended Agreement of the Owners and Developer are joint and several. The Amended Agreement provides that the City shall evaluate area traffic patterns to determine, in the City's sole discretion, whether N.E. 7th Avenue is to be permanently closed, partially closed, or left open with the installation of traffic calming devices at the Developers sole cost and expense, and subject to review and approval by the City Engineer. The universal approval date has been previously determined for this project, as evidenced by the certificate recorded on August 25, 2011. The certificate provides that all approvals for the project will expire on September 9, 2021. The project will be vested upon compliance with LDR Section 2.4.4(D) (improvements representing 25% of the project costs have been made). In the event of a default by the Developer, which is defined to mean a breach of any term, covenant, or condition of the agreement, and the Developer fails to cure such default within 30 days, the City has the right to terminate the agreement. The Amended Agreement also provides for the assignment with City consent, except to certain defined related entities which may occur without City consent. Among the new obligations contained in the Amended and Restated Development Agreement are the following: I. Shuttle Bus. The Developer agrees to contribute the amount of $175,000 to the City for the operation of a shuttle bus upon issuance of final certificates of occupancy for the project. 2. Traffic Signalization. The Developer shall, at its expense, design, construct and have operational mast arm signals at the intersections of N.E. 1st Street and N.E. 6th Street prior to the issuance of a certificate of occupancy for building VI and East Atlantic Avenue and N.E. 7th Avenue prior to the issuance of a certificate of occupancy for building 11, subject to FDOT approval. 3. Palm Square Traffic Calming_ Prior to the issuance of a certificate of occupancy for building I, the Developer shall provide plans, subject to City engineer review, for the construction, at developers costs for traffic calming on Palm Square in accordance with City LDRs. 4. U.S. I Beautification. Prior to the issuance of certificates of occupancy for buildings I, III and VI, the Developer shall install at its expense, hardscape and landscape improvements in accordance with the site plan on the U.S. I corridor. 5. Bus Shelter. The Developer shall pay for and install a bus shelter along U.S. I as shown on the site plan. 6. Veterans Park Contribution. The Developer shall contribute $500,000 to be utilized for the implementation of the Veterans Park Master Plan. The payment is due after commencement of construction of the project at the earlier of commencement of improvements to Veterans Park or issuance of the last certificate of occupancy of the project. 7. Sidewalk Maintenance. The Developer shall, at its expense, be responsible for sidewalk maintenance adjacent to and within public right-of-way and the project. 8. Tree Relocation. The Developer agrees to relocate any trees which cannot be relocated within the project to the City to be delivered by the Developer, at its expense, to Veterans Park or any location no more than 5 miles from the Property. 9. Workforce Housing. The Developer is required to comply with all requirements of LDR 4.7 including entering into the required workforce housing restrictive covenants. Finally, as a result of the pending litigation in this matter, the Owner and Developer have agreed to execute a separate hold harmless and indemnification agreement which provides (i) a release to the City from any claims the Owner or Developer may have against the City as a result of the City entering into the Amended and Restated Development Agreement and a subsequent court ruling in the two pending legal actions, and (ii) an obligation to indemnify and hold the City harmless from any claims as a result of the City entering into the Amended and Restated Development Agreement and a subsequent court ruling in the two pending actions. DISCUSSION The Amended and Restated Development Agreement regarding Atlantic Crossing is before you for consideration. RECOMMENDATION The City Attorney's Office recommends Commission discretion. AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND AMONG CITY OF DELRAY BEACH,FLORIDA and CDS DELRAY REDEVELOPMENT LLC, CDR ATLANTIC PLAZA LTD., and CDS FREECORE LLC and EDWARDS CDS, LLC THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Agreement"), which amends and restates the July 28, 2011 Development Agreement, is entered into this day of , 2014 (the "Execution Date"), by and among CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company, with an address of ' Boca Raton, Florida ("CDS Delray"); CDR ATLANTIC PLAZA, LTD., a Florida limited liability partnership, with an address of , Boca Raton, Florida("Plaza"), CDS FREECORE LLC, a Florida limited liability company, with an address of , ("Freecore") (CDS Delray, Plaza and Freecore are collectively referred to herein as the "Owners"), and the CITY OF DELRAY BEACH, a municipal corporation and a political subdivision of the State of Florida, with an address of 100 NW 1st Avenue, Delray Beach, Florida 33444 ("City"). EDWARDS CDS, LLC, a Delaware limited liability company, ("Edwards CDS"), also joins in this Agreement as the Developer and Applicant and the anticipated successor-in-interest to the Owners. For clarity, the obligations of the Owners and Developer pursuant to the terms of this Agreement shall be joint and several. WITNESSETH: WHEREAS, the City wishes to encourage redevelopment of the properties currently surrounding and including the existing development referred to as "Atlantic Plaza", generally located at 777 E. Atlantic Avenue, Delray Beach, Florida(collectively the "Properties") and the existing parking lot on the northeast corner of N.E. 1st Street and N.E. 7th Avenue (the "North Lot") ; and. WHEREAS, Owners hold the fee simple title to the Properties as more fully legally described within Exhibit"A" as attached hereto and incorporated herein; and WHEREAS, the City Commission of the City of Delray Beach, Florida adopted Resolution No. 08-09 on February 17, 2009, and recorded April 8, 2009 in the Public Records of 728078013 Palm Beach County at OR Book 23166, Page 1366, which provided for the vacation and abandonment of certain streets and alleys as provided for therein; and WHEREAS, the City and the Owners entered into that certain Development Agreement dated July 28, 2011 (the 112011 Development Agreement") and recorded July 29, 2011 in the Public Records of Palm Beach County at OR Book 24662, Page 1975; and WHEREAS, the City certified on May 23, 2013 a site plan and various entitlements for a mixed-use project on the Properties; and WHEREAS, the May 23, 2013 certified site plan was superseded by the Site Plan as approved by City Commission on January 21, 2014 for a mixed-use project on the Properties (the "Project"), which Site Plan is attached hereto as Exhibit"B" ; and WHEREAS, the approved changes set forth in the Site Plan approved by City Commission on January 21, 2014 necessitate modifications to the existing 2011 Development Agreement, the CDS Delray Redevelopment Plat recorded May 10, 2013 in the Public Records of Palm Beach County, Florida at Plat Book No. 116, Pages 172-182, and all referenced agreements thereon; and . WHEREAS, in accordance with Section 163.3237, Fla. Stat. (2013), a development agreement may be amended by mutual consent of the parties to the agreement or by their successor in interest; and WHEREAS, this Agreement sets forth the modifications to the 2011. Development Agreement and associated agreements necessitated by the updated Site Plan; and WHEREAS, assurance to a developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development; and WHEREAS, the Properties are designated Commercial Core in the Future Land Use Map in the Comprehensive Plan, and zoned as Central Business District in the Existing Zoning, Land Use and LDRs (as that term is defined hereinafter); and WHEREAS, the Owners, the Developer and the City jointly desire that the Properties be developed as permitted in the Existing Zoning, Land Use and LDRs, the Comprehensive Plan and this Agreement; and WHEREAS, Section 2.4.11 of the City's Land Development Regulations ("LDR") authorizes the City to enter into this Agreement, consistent with Chapter 163, Fla. Stat.; and WHEREAS, Florida Statutes Chapter 163 specifically provide for and authorize local governments to enter into Development Agreements; and 2 7280780v13 WHEREAS, the City has conducted two public hearings prior to entering into this Agreement, on and on , both of which were properly noticed by publication in a newspaper of general circulation and by mailed notice to the affected properly owners, in accordance with Section 163.3225, Fla. Stat. (2013) (the "Adoption Hearings"). NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties mutually agree and bind themselves as set forth herein: Section 1. The parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. This covenant shall be binding upon, and inure to, the benefit of the parties, their successors, assigns, heirs, legal representatives, and personal representatives. Section 2. Rules of Legal Construction. For all purposes of the Agreement unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b) Words in the singular include the plural, and words in plural include the singular; (c) A pronoun in one gender includes and applies to the other gender as well; (d) The terms "hereunder", "herein", "hereof, "hereto' and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; (e) The Parties hereto agree that this Agreement shall not be more strictly construed against the City, the Owners and/or the Developer, as all parties are drafters of this Agreement; and (f) The recitals are true and correct and are incorporated into and made a part of this Agreement. The attached exhibits shall be deemed adopted and incorporated into the Agreement;provided however, that this Agreement shall be deemed to control in the event of a conflict between the attachments and this Agreement. Section 3. Definitions. All terms shall have the same definition as set forth in Section 163.3221, Fla. Stat. (2013)unless a different definition in used herein. "Agreement"means this Agreement between the City,the Owners and the Developer. "Applicant"means the applicant who secured the Approvals. "Approvals" mean (a) that certain Conditional Use Application approved by the City Commission of Delray Beach, Florida on December 4, 2012; (b)that certain Class V Site Plan Application approved on November 20, 2013 by the Site Plan Review and 3 7280780v13 Appearance Board ("SPRAB"), (c) that certain Special Action approval by SPRAB and Site Plan approval dated December 18, 2013; and (d) the Order of the City Commission of the City of Delray Beach, Florida dated January 21, 2014 denying the appeal of SPRAB's Site Plan approval. "Building Permit" means any permit issued by the City of Delray Beach Building Department for any and all subgrade or at grade improvements at the Project other than demolition or off-site utility installation. "City" means the City of Delray Beach, a municipal corporation and a political subdivision of the State of Florida, and all departments, agencies and instrumentalities subject to the jurisdiction thereof. "Comprehensive Plan" means the comprehensive plan adopted by the City pursuant to Chapter 163, Florida Statutes, which plan was in effect as of January 21, 2014. "Concurrency Requirements" and "Concurrency" mean all those requirements imposed by Section 163.3180, Fla. Stat., in conjunction with the applicable City Laws in effect as of January 21, 2014, but only to the extent that they relate to the City requirements, and they expressly exclude requirements which may be imposed by any other governmental entities or political subdivisions of the State of Florida, or the School District of Palm Beach County, Florida. "County"means Palm Beach County, a political subdivision of the State of Florida. "Developer"means Edwards CDS, LLC. "Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4), Fla., Stat. (2013). "Effective Date" means the date after this instrument has been approved by the City Commission and recorded in the public records of Palm Beach County, Florida, pursuant to Section 163.3239, Florida Statutes (2013). "Existing Zoning, Land Use and LDRs" means (a) the City's Future Land Use Map designation of "Commercial Core" for the Properties as of January 21, 2014; (b) the City's zoning map designation for the Properties of "Central Business District" as of January 21, 2014; (c)the City's zoning map designation for the North Lot of"Community Facilities" as of January 21, 2014; (d) the associated City Comprehensive Plan Goals, Policies and Objectives, LDRs, and other City Ordinances in effect as of January, 21 2014; and(e) all Approvals. "Land"means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land. 4 728078ON-13 "Laws" means all ordinances, resolutions, regulations, comprehensive plans, LDRs, and rules adopted by a local government affecting the development of land. "Private"means any situs in the Project owned by Developer and/or the Owners. "Property Interest" means any fee simple interest or rights in the Properties and the North Lot. In addition, a Community Development District and/or a master property owners' association with appropriate authority relating to one or more of the Properties or the North Lot shall be deemed to hold a Property Interest. "Public Facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, streets, parking and health systems and facilities. "Site Plan" means the site plan approved, with conditions, as of the execution of this Agreement and as set forth in Exhibit "B" (which is a composite exhibit consisting of the sketch of the site and the February 12, 2014 Conditional Use and Class V Site Plan Approval Letter from Scott Pape, Senior Planner, City of Delray Beach). The term "Site Plan" shall also include any site plan certified and/or amended with the approval of the City subsequent to the execution and recordation of this Agreement. "Universal Approval Expiration Date" means that date by which all Approvals shall collectively expire, unless further extended, notwithstanding another earlier expiration date set forth in any specific Approval. "Vertical Building Permit" means any permit issued by the City of Delray Beach Community Improvement Department for any and all above grade improvements at the Project. Section 4. P ose. The purpose of this Agreement is to establish certain conditions which will result in the Developer making certain significant infrastructure investments, in accordance with the Site Plan, of sufficient magnitude in the City to make the Project both physically and financially feasible and to freeze, as of the Effective Date, the LDRs which will govern development of the Project. This Agreement will provide the parties with additional certainty during the development process. All prior approvals, resolutions and agreements by and between the City and the Developer, its predecessors, successors or assigns, which are deemed inconsistent with the Site Plan, as defined herein, shall be deemed superseded, rescinded and no longer of any force and effect. Section 5. Intent. The Owners, the Developer and the City intend for this Agreement to be construed and implemented so as to effectuate the purpose of this Agreement and the purpose and intent of the Florida Local Government Development Agreement Act, Section 163.3220 - 163.3243, Florida Statutes (2013). Section 6. Applicability; Legal Description. This Agreement applies only to the land located within the boundaries of the legal description as set forth and incorporated herein as Exhibit"A". 5 7280780v13 Section 7. Duration and Effective Date. This Agreement shall have an initial term of ten(10) years ("Term"as such Term may be extended pursuant to this Agreement), starting from the Effective Date, and shall be recorded in the public records of Palm Beach County and filed with the City Clerk. This Agreement shall become effective on the Effective Date and shall, at that point, constitute a covenant running with the land. Pursuant to Section 163.3229, Fla. Stat., the Term of this Agreement may be further extended beyond the initial Term by mutual consent of the City and the Developer, subject to a public hearing in accordance with Section 163.3225, Fla. Stat. (2013). Section 8. Permitted Development Uses and Building Intensities. (a) Approvals; Site Plan. The Approvals are defined herein and the Site Plan is attached hereto as Exhibit"B". (b) Central Business District Zoning. The Properties fall within the City's Central Business District ("CBD") zoning designation. In approving the Project, the City has determined that the uses, intensities and densities of development permitted comply with the Existing Zoning, Land Use and LDRs. The City hereby agrees to maintain and preserve a true and accurate record of the Existing Zoning, Land Use and LDRs with the City Clerk and/or other custodian, which regulations are hereby incorporated herein and made a part hereof. (c) Density, Intensity, Uses and Building Heights. (1) The applicable intensity, uses, and building heights are stated in the Approvals. (2) Downzoning shall be prohibited except as set forth in Section 12(c). Section 9. Public Facilities; Concurrence. (a) Public Facilities. As of the Effective Date, the following public facilities are able to service the Project (to be provided by the City and/or other outside agencies, as applicable): water and sewer; streets and traffic; drainage; parks and recreation; open space; solid waste; and schools. (b) Concurrence. The City acknowledges and agrees that during the Term of this Agreement, the Project shall be deemed to have satisfied the Concurrency Requirements. (c) Public Rights-of-Way. The City acknowledges that the Developer intends to provide rights-of-way and easements to accommodate streets and sidewalks as shown on the Site Plan attached as Exhibit "B". (d) Utilities. The Developer will construct the utilities (water, sewer, power, telephone, gas, cable, drainage devices) (hereinafter "Utilities") which serve the 6 728078013 Project consistent with the approved Composite Utility Plan required by Section 2.4.3.F of the City's LDRs. (e) Parking Facilities. (1) In accordance with the Approvals, the Developer will construct certain temporary and permanent parking facilities (collectively the "Parking Facilities"). (2) The Private Parking Facilities shall be controlled, owned and operated by the Developer. Notwithstanding that the Developer may otherwise sell, transfer, convey, lease or license the Parking Facilities to third parties, nothing herein shall be construed to release the Developer from the obligation to meet the minimum off-street parking requirements of the Existing Zoning, Land Use and LDRs. (3) Construction, ownership, maintenance, operation and repair of the Parking Facilities shall be the sole obligation of the Developer. It is the responsibility of the Developer to obtain Building Permits from the City for the Parking Facilities. If the Parking Facilities are constructed, the maintenance obligations set forth in this provision shall survive the termination or expiration of this Agreement. (4) The City hereby agrees to not charge for parking within all roads internal to the Project. At the time the City institutes metering for on street parking spaces on NE l St Street and Atlantic Avenue, Developer will install, monitor, and maintain meters at its sole cost and expense for the on street parking within the Project. The location and design of the meters are subject to City approval. If the City institutes metering for on street parking spaces on NE 1St Street and Atlantic Avenue, the maintenance obligations set forth in this provision shall survive the termination or expiration of this Agreement. (5) All parallel parking spaces along N.E. 1St Street constructed by Developer and located in the public right-of-way shall be controlled and operated by the City. (f) Sidewalk Cafes. The City agrees areas marked on Exhibit "C" are eligible to receive Sidewalk Cafe Permits as set forth in the Existing Zoning, Land Use and LDRs. Should the Developer desire to provide Sidewalk Cafes in the Project, Developer agrees to locate Sidewalk Cafes only within Private property and submit such required application(s) to the City which shall be reviewed pursuant to the Existing Zoning, Land Use and LDRs, subject to the provisions of Section 21 of this Agreement. (g) Valet Parking. The City and the Developer agree that the Developer shall operate a valet station as designated on the Site Plan. 7 7280780v13 (h) Shuttle Bus Contribution. Developer agrees to contribute to the operation of a shuttle bus by contributing an amount of$175,000.00 to the City upon issuance of final Certificates of Occupancy for the Project. (i) Traffic Signalization. Developer agrees to the following: (1) To design,permit, construct and have operational, at Developer's sole cost and expense, a mast arm signal and associated roadway improvements located at the intersection of N.E. 1St Street and N.E. 6th Avenue, subject to FDOT approval. The installation, if approved by FDOT, shall be completed prior to issuance of the Certificate of Occupancy for Building VI. (2) To design,permit, construct and have operational, at Developer's sole cost and expense, for the purpose of replacing and upgrading to City standard a mast arm for East Atlantic Avenue, the current traffic signal located at the intersection of Atlantic Avenue and N.E. 7th Avenue, subject to FDOT approval. The installation shall be completed prior to issuance of final Certificate of Occupancy for Building II as shown on the Site Plan. (j) LEED Certification. Developer agrees to construct one building in the Project that will achieve and maintain LEED certification. (k) N.E. 7th Avenue - Closure. Upon issuance of the first Building Permit for the Project, N.E. 7th Avenue will be temporarily closed with concrete barricades. Prior to the issuance of the last Vertical Building Permit, the City shall evaluate area traffic patterns to determine, in the City's sole discretion, whether N.E. 7th Avenue is to be permanently closed, partially closed or left open with the installation of traffic calming at the Developer's sole cost and expense and subject to the review and approval by the City Engineer. If the City's evaluation determines that N.E. 7 Avenue shall be permanently closed, an evaluation will be done to determine if retractable bollards are to be installed, at the Developer's sole cost and expense and subject to the review and approval by the City Engineer,to permit emergency vehicle access. (1) Palm Square Traffic Calming. Prior to the issuance of a Certificate of Occupancy for Building I, Developer shall provide plans and specifications in accordance with the City's standards and shall pay the costs for construction of traffic calming on Palm Square as determined by the City Engineer, in accordance with the City's LDRs. (m) U.S. 1 Beautification Contribution. Prior to the issuance of a Certificate of Occupancy for each building of Buildings I, III and VI, Developer shall install, at its sole cost and expense, hardscape and landscape improvements contiguous to each such building, as shown on Exhibit "F", in accordance with the Site Plan and along the U.S. 1 Corridor as provided as a condition of approval of the Site Plan approved by the City Commission on January 21, 2014. The installation shall satisfy the requirement for beautification contribution on U.S. 1. 8 7280780v13 In the event that: (i) Developer is unable to proceed with such hardscape and landscape improvements due to events outside of its control, or (ii) a governmental agency requires Developer to remove any landscaping in order to issue a permit, Developer will guarantee its performance in accordance with LDR Section 2.4.10 in the form of a Letter of Credit, Cash Deposit or Performance Bond, or some combination thereof. (n) Bus Shelter Funding. Prior to issuance of a Certificate of Occupancy on Building VI, Developer shall pay all costs and expenses to design, construct and install a bus shelter along U.S. 1 as depicted on the Site Plan. (o) Atlantic Avenue Streetscape Improvements. Prior to the issuance of the Certificate of Occupancy for Building II, Developer shall design, permit and install, at is sole cost and expense, the improvements along the south side of Atlantic Avenue between northbound Federal Highway and the Intracoastal Waterway, as depicted on the Site Plan, subject to the approval of FDOT and the City Engineer. (p) Plat Recordation. Prior to the issuance of the first Vertical Building Permit, a replat will be recorded in the public records amending the current CDS Delray Redevelopment plat (recorded at Plat Book 116, Pages 172-182 of the Public Records of Palm Beach County, Florida), which replat will include all easements and restrictions in conformity with the Site Plan attached as Exhibit "B". (q) Sidewalk Maintenance. Developer is responsible, at its sole cost and expense, for sidewalk maintenance adjacent to and within the public right-of-way and the Project for as long as the Project exists on the property and Developer agrees to hold the City harmless and indemnify the City for any claims arising out of the maintenance as provided by Developer. Developer will maintain the sidewalks associated with the Project in perpetuity. This provision shall survive termination or expiration of this Agreement. (r) Veterans Park Donation. As part of the consideration for this Agreement, Developer shall donate $500,000.00 to be utilized for the implementation of the Veterans Park Master Plan. The donation shall be made (i) at the start of, during, or upon completion of construction of the Project and (ii) on the earlier to occur of(a) Developer's receipt of a notice from the City of the commencement of a specific construction improvement project within Veterans Park, or (b) prior to the issuance of the last Certificate of Occupancy for the Project. The City acknowledges that Developer volunteered to make the donation to the City and that the donation is not a condition of approval. The donation is memorialized in this Agreement to evidence Developer's commitment to fund the donation. 9 7280780x13 Section 10. Tree Relocation. Certain existing trees on the Properties, as identified on Exhibit "D" attached hereto and incorporated herein, will be relocated within the limits of the Project and those trees which cannot be relocated within the Project will be donated by the Developer to the City, under the following conditions: (a) The Developer hereby agrees as follows: (1) The Developer will be responsible for the relocation of the trees that the Developer donates to the City, such relocation to be performed by a qualified contractor in a good and workmanlike manner; (2) That all costs related to root-pruning shall be borne by the Developer. Only the deciduous trees require root-pruning prior to removal and relocation by the Developer. Palm trees do not have to be root-pruned; (3) That the relocation of the trees shall take place prior to demolition of the buildings within the proximity of the designated trees; (4) That any required root-pruning shall be performed or supervised by a certified arborist and all protective measures, including adequate watering, shall be observed during the root-pruning phase; and (5) That the trees donated to the City be relocated to Veterans Park or to any other location selected by the City that is no more than five (5) miles from the Properties. (b) The City hereby agrees as follows: (1) The City will provide traffic maintenance as needed for the removal and relocation of trees adjacent to road right of ways; (2) The City will be solely responsible for the care and maintenance of all the trees donated to the City by the Developer after their installation and relocation and will be responsible for watering of the trees during the re- establishing period; (3) Upon completion of the relocation and replanting of the trees on City owned property, the Developer has no further responsibility or liability as related to the survival of the trees; (4) The City will make any required temporary repairs to the sidewalks to insure pedestrian safety once the trees have been removed; and Section 11. Local Development Permits. A description of all local development permits which have been approved for the development of the Project as of the Effective Date are set forth in the Approvals defined herein. These Approvals, the Existing Zoning, Land Use and LDRs, and this Agreement establish the criteria upon which the Properties shall be developed during the term of this Agreement, except as provided in Section 21. 10 728078003 Section 12. Project Approvals. (a) Universal Approval Expiration Date. It is the intent of the parties to provide for certainty in the Project's development process to avoid waste of economic and land resources, to encourage sound capital improvement planning and financing, to de-escalate the cost of housing and development, and to encourage commitment to comprehensive planning. As such, the parties previously agreed that all of the Approvals shall have a Universal Approval Expiration Date concurrent with the expiration of this Agreement. The Universal Approval Expiration Date is September 9, 2021 which has been confirmed by the recordation of that certain Certificate of Universal Approval Expiration Date, recorded on August 25, 2011 in the Public Records of Palm Beach County at OR Book 24711, Page 7 attached hereto as Exhibit"E" and incorporated herein. (b) Vesting. The City hereby acknowledges and agrees that the Developer has committed to make certain infrastructure investments of such significant magnitude so as to make the Project both physically and financially feasible. All Approvals shall be considered forever established and the Project vested upon compliance with LDR Section 2.4.4(D), as in effect on the date hereof. (c) Prohibition on Downzoning. (1) The Approvals, Existing Zoning, Land Use and LDRs and this Agreement shall govern development of the Properties for the Term of the Agreement. The City may apply subsequently adopted laws and policies to the Project only if the City holds a public hearing and the standards set forth in Section 163.3233(2), Fla. Stat. (2013)have been met. (2) Pursuant to Section 163.3233(3), Fla. Stat. (2013), this prohibition does not abrogate any rights that may vest pursuant to common law. Section 13. Intentionally Omitted. Section 14. Construction Bond for Utilities and Roads. Construction arising directly out of on-site or off-site City utility relocation or the installation of public access roads shall require the Developer to provide, prior to commencement, 110% surety (financial guarantee) amount in accordance with LDR Section 2.4.10 as estimated in the "Engineer's Opinion of Cost" and as approved by the City Engineer. Surety can be in the form of a Letter of Credit, Cash Deposit or Performance Bond, or some combination thereof. Prior to the issuance of a Certificate of Occupancy and return of the 110% surety, a 10% warranty surety will be required. A 2% engineering inspection fee based on total water and sewer improvements as estimated in the "Engineer's Opinion of Cost"will also be required. Section 15. Workforce Housing. The City has authorized an optional increase in height and density for the Project based upon the Developer's inclusion of workforce housing, as set forth in the Approvals (the "Height and Density Incentive"). The Developer has elected to utilize the Height and Density Incentive and agrees to comply with all of the applicable 11 728078013 requirements of Article 4.7 of the LDRs which governs Family/Workforce Housing, including but not limited to the recording of applicable restrictive covenants. Developer will enter into Workforce Housing agreements which are approved by the City Commission in accordance with the Code. Section 16. Consistency with Comprehensive Plan and LDRs. The City has found that development of the approved Project is consistent with the City's Comprehensive Plan and LDRs as evidenced by the Approvals. The City further hereby affirms that its Comprehensive Plan and any plan amendments implementing or related to this Agreement have been found to be in compliance by the state land planning agency as required by Section 163.3229, Fla. Stat. (2013). Section 17. Necessity of Complying with Local Regulations Relative to Development Permits. The Developer and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve the Developer of the necessity of complying with the regulation governing said permitting requirements, conditions, fees,terms, licenses, or restrictions. Section 18. Reservation of Development Rights. (a) For the term of this Agreement, the City hereby agrees that it shall permit the development of the Properties in accordance with the Existing Zoning, Land Use and LDRs and this Agreement. (b) Nothing herein shall prohibit an increase in the density or intensity of development permitted on the Properties consistent with Section 21 herein. (c) The execution of this Agreement shall not be considered a waiver of, or limitation upon, the rights of the Developer, or its successors or assigns, which may vest pursuant to common law. Section 19. Annual Review. (a) The City shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the Effective Date. The City shall begin the review process by giving notice to the Developer, a minimum of 30 days prior to the anniversary date of the Agreement, of its intention to undertake the annual review of this Agreement. The Developer agrees to pay any reasonable costs incurred by the City for the annual reviews in an amount not to exceed Five Hundred Dollars ($500.00)per year. (b) Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. (c) If the City finds on the basis of competent substantial evidence that there has been a failure to comply substantially with the terms of the Agreement, the City may 12 7280780x-13 terminate or amend this Agreement by following the procedure set forth in Section 29 of this Agreement. Section 20. Notices. (a) All notices, demands and requests which may or are required to be given hereunder shall, except as otherwise expressly provided, be in writing and delivered by (i) personal service, (ii) sent by United States Registered or Certified Mail,return receipt requested,postage prepaid, (iii)by overnight express delivery, such as Federal Express, or (iv) via electronic mail to the parties at the addresses listed below. Any notice given pursuant to this Agreement shall be deemed given when received. Any actions required to be taken hereunder which fall on Saturday, Sunday, or United States legal holidays shall be deemed to be performed timely when taken on the succeeding day thereafter which shall not be a Saturday, Sunday or legal holiday. To the City: City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 E-mail: Cites erLwMyDelrayBeach.com With a copy to: City Attorney City of Delray Beach 200 NW 1St Avenue Delray Beach, FL 33444 E-mail: Ci Attorney a�MyDeL:gyBeach.com To the Owners: CDS Delray Redevelopment, LLC, CDR Atlantic Plaza, Ltd. and CDS Freecore LLC c/o William H. Milmoe CDS International Holdings, Inc. Boca Raton, FL E-mail: bi.11.milmoe rr,cdsholdin sg com 13 728078003 With a copy to: Proskauer Rose LLP 2255 Glades Road, Suite 421A Boca Raton, FL 33431-7360 Attn: Stuart Kapp, Esq. E-mail: SKapp @proskauer.com To the Developer: Edwards CDS, LLC 495 S. High St., Suite 150 Columbus, OH 43215 E-mail: Dean.KissosLu)edwardscompanies.com and bill.milmoegcdsholdin sg com With a copy to: Bricker&Eckler, LLP 100 S. Third St. Columbus, OH 43215 Attn: Charles H. McCreary, Esq. E-mail: cmccreaa(a],bricker.com (b) Any Party to this Agreement may change its notification address(es) by providing written notification to the remaining parties pursuant to the terms and conditions of this section. Section 21. Requests to Amend Approvals. Nothing herein shall be deemed to prohibit the Developer from requesting either existing or subsequently enacted laws, rules or regulations to be applied to the Project ("Amended Approvals"), upon proper application by the Developer to the City and subject to the procedures governing the requested Amended Approvals at the time of the application, provided the effect of any Amended Approval granted does not conflict with the laws, rules and regulations applicable to the Project at the time the application for the Amended Approvals is made. Any requested amendment to the Site Plan which the City classifies as a Class I or Class II site plan modification, or any requested amendment which does not change the approved uses, densities, intensities or height for the Project, shall not be deemed an "amendment" of this Agreement such as would otherwise require compliance with the public notice and hearing procedure set forth in Section 163.3225, Fla. Stat. (2013). Section 22. Exclusive Venue, Choice of Law Specific Performance. It is mutually understood and agreed by the parties hereto, that this Agreement shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and performance, and that any action at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or 14 728078003 federal courts and venue for any such actions shall lie exclusively in a court of competent jurisdiction in the County. In addition to any other legal rights, the Owners, the City and the Developer shall each have the right to specific performance of this Agreement in court. Each parry waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Section 23. No Oral Change or Termination. This Agreement and the exhibits and appendices appended hereto and incorporated herein by reference, if any, constitute the entire Agreement between the parties with respect to the subject matter hereof. This Agreement supersedes any prior agreements or understandings between the parties with respect to the subject matter hereof, and no change, modification or discharge hereof in whole or in part shall be effective unless such change, modification or discharge is in writing and signed by the party against whom enforcement of the change, modification or discharge is sought. This Agreement cannot be changed or terminated orally. Section 24. Compliance with Applicable Law and Subsequently Adopted Laws. Subject to the terms and conditions of this Agreement, throughout the Term of this Agreement, the Owners, the Developer and the City shall comply with all applicable federal, state or local laws, rules, regulations, codes, ordinances, resolutions, administrative orders, permits, policies and procedures and orders that govern or relate to the respective parties' obligations and performance under this Agreement, or as they may be amended from time to time. If state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms hereof, this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. Notwithstanding anything to the contrary contained in this Agreement, the City may apply subsequently adopted laws and policies to the Project in accordance with F.S. Sec. 163.3233(2) (2013). Section 25. Representations. Each party represents to the others that this Agreement has been duly authorized, delivered and executed by such party and constitutes the legal, valid and binding obligation of such party, enforceable in accordance with its terms. Section 26. Presumptions Inapplicable. This Agreement shall be deemed to have been drafted by the Owners, the Developer and the City equally and any presumptions existing in interpretation hereof against the drafter shall be inapplicable. Section 27. No Exclusive Remedies. No remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so indicated. Wherever possible, the remedies granted hereunder upon a default of a party- shall be cumulative and in addition to all other remedies at law or equity arising from such event of default, except where otherwise expressly provided. Section 28. Failure to Exercise Rights not a Waiver, Provisions. The failure by any party to promptly exercise any right arising hereunder shall not constitute a waiver of such right unless otherwise expressly provided herein. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 15 7280780v13 Section 29. Events of Default. (a) Developer shall be in default under this Agreement if any of the following events occur and continue beyond the applicable grace period: Developer fails to perform or breaches any term, covenant, or condition of this Agreement which is not cured within thirty (30) days after receipt of written notice from the City specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, then Developer shall not be in default if it commences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to completion, with completion to occur no later than 360 days after receipt of such notice. The City retains the exclusive right to determine, in its sole but reasonable discretion, whether the Developer is employing good faith and diligent effort to cure such breach to completion. (b) The City shall be in default under this Agreement if the City fails to perform or breaches any term, covenant, or condition of this Agreement and such failure is not cured within thirty (30) days after receipt of written notice from the Developer specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty(30) days, the City shall not be in default if it commences to cure such breach within said thirty (30) day period and diligently prosecutes such cure to completion. (c) It shall not be a default under this Agreement if any parry is declared bankrupt by a court of competent jurisdiction. All rights and obligations in this Agreement shall survive such bankruptcy of any parry. The parties hereby forfeit any right to terminate this Agreement upon the bankruptcy of any other parry. Section 30. Remedies Upon Default. (a) Neither the Developer nor the City may terminate this Agreement upon the default of the other parry until the expiration of the applicable notice and cure period set forth in this Agreement and in the event of such termination, such termination shall only apply to the particular party in default (i.e., specific assignee in default only). Notwithstanding the foregoing, and in accordance with Section 163.3235, Fla. Stat., if the City finds during the periodic review set forth in Section 19 that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or modified by the City. In order to revoke or modify the Agreement based upon Section 19 of this Agreement, the City's findings must be based upon substantial competent evidence. (b) Upon the occurrence of a default by a parry to this Agreement not cured within the applicable cure period, the Developer and the City agree that any party may seek specific performance of this Agreement, and that seeking specific performance shall not waive any right of such party to also seek monetary damages or any other relief other than termination of this Agreement. 16 7280780v13 Section 31. Severabilitv. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, hereafter be determined to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. Section 32. Assignment and Transfer of Development Rights. (a) In accordance with Section 163.3239, Fla. Stat. (2013), the burdens of this Agreement shall be binding upon, and the benefits of the Agreement shall inure to, all successors in interest to the Parties hereto. (b) Owners or Developer (or any Permitted Assignee as defined herein) may, without the City's consent or approval, assign, in whole or in part, this Agreement or any of its rights and obligations hereunder, or may extend the benefits of this Agreement to the following persons and/or entities: (1) To any holder of a Property Interest in which the Owners or Developer holds, directly or indirectly, no less than a twenty percent(20%) beneficial interest; (2) To any affiliate of Owners or Developer, or either of them, which is controlled by Owners or Developer. For the avoidance of doubt, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the affiliate whether through ownership of voting securities, beneficial interests, by contract or otherwise. (3) To a master association, or any sub-association formed for the purpose of being a property owners' association of property within the Project; (4) To a lender as collateral in connection with any financing of the development of the Project; (collectively, a"Permitted Assignee"). (c) Any assignment of any part of this Agreement to any person or entity who does not qualify as a Permitted Assignee shall first require the prior written consent or formal approval of the City, which approval will not be unreasonably withheld, conditioned or delayed. Any assignment in violation of this section shall be deemed void and ineffective as it pertains to that assignee. (d) All assignees shall assume, in writing, all applicable rights and obligations under this Agreement, and deliver a copy of such assignment to the City upon its execution, as a condition of assignment. (e) Upon assignment of all or a part of this Agreement, the Owners or Developer (or Permitted Assignees, as applicable) shall be released from future obligations 17 7280780v13 under this Agreement with respect to the part so assigned except for liability which accrued prior to the assignment. Nothing herein shall be deemed to release any liability of any Permitted Assignee for so long as such Permitted Assignee shall be bound hereby. (f) Notwithstanding anything to the contrary in this Section, in the event there is one or more assignments of a part or parts of this Agreement, a default by any party to this Agreement with respect to the part of the Agreement then held by such parry, shall only constitute a default of the Agreement as it pertains to the defaulting assignee. Section 33. Certificate of Compliance. From time to time, the Owners and/or Developer may be asked by a lender or other third party to confirm that the Owners and/or Developer have complied with this Agreement or certain parts of this Agreement. The City agrees that it will execute a certificate of compliance ("Certificate of Compliance") as shown in the attached Exhibit "G" within 10 days of receipt of the written request for execution. Developer will record the executed Certificate of Compliance in the Public Records of Palm Beach County, Florida. The City Manager, or its designee, has the authority to issue the Certificate of Compliance on behalf of the City. Section 34. Lack of Agency Relationship. Nothing contained herein shall be construed as establishing an agency relationship between the City and the Developer and neither the Developer nor its employees, agents, contractors, subsidiaries, divisions, or affiliates shall be deemed agents, instrumentalities, employees, or contractors of the City for any purpose hereunder, and the City, its contractors, agents, and employees shall not be deemed contractors, agents, or employees of the Developer or its subsidiaries, divisions or affiliates. Section 35. Inability to Perform and Force Majeure. Owners and/or Developer shall be excused for the period of any delay and shall not be deemed in default with respect to the performance of any of the terms, covenants, and conditions of this Agreement to be performed by it if(but only to the extent that) any failure of its performance shall be due to a Force Majeure Event. "Force Majeure Event" means any act occasioned by a cause beyond the reasonable control of Owners and/or Developer including, but not limited to, casualties, war, insurrection, strikes, lockouts, civil unrest, and governmental actions, revolution, insurgency, terrorism, sabotage, hurricanes, earthquakes or other natural catastrophe, and any other causes that threaten public safety generally or that create a substantial disruption to, or an unanticipated adverse economic impact on, commercial activities in the State of Florida, and the time for performance by Owners and/or Developer shall be extended by the period of delay resulting from or due to any of said causes. Section 36. Enforcement. (a) In the event that Developer or its successors and/or assigns fails to act in accordance with the terms of the Existing Zoning, Land Use and LDRs, the City may seek any relief or remedy to which it may be entitled. 18 7280780x13 (b) Enforcement of this Agreement shall be by action against any parties or person violating, or attempting to violate, any covenants set forth in this Agreement. (c) This enforcement provision shall be in addition to any other remedies available at law, in equity or both. Section 37. Amendment or Termination by Mutual Consent. This Agreement may not be amended or terminated during its term except by mutual agreement of the Developer and the City and as otherwise consistent with applicable law. Section 38. Estoppel Certificate. From time to time, the Owners and/or Developer may be asked by a lender or other third party to confirm that the Owners and/or Developer have complied with this Agreement or certain parts of this Agreement and specifically that the Owners and/or Developer are not in default. The City agrees that it will execute an estoppel certificate ("Estoppel Certificate") similar in form as to that shown in the attached Exhibit "H" within 10 days of receipt of the written request for execution. The City Manager, or its designee, has the authority to issue the Estoppel Certificate on behalf of the City. Section 39. No Third-Party Beneficiary. No persons or entities other than the Owners, the Developer and the City, their heirs, permitted successors and assigns, shall have any rights whatsoever under this Agreement. Section 40. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. Section 41. Governmental Functions. (a) Even though the City has certain contractual obligations under this Agreement, such obligations shall not relieve any person subject to this Agreement from complying with all applicable governmental regulations, rules, laws, and ordinances. (b) To the extent future approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights with respect to such future approval requests. (c) The City has not waived its sovereign immunity and the limits of tort liability set forth in Section 768.28(5), Fla. Stat. (2013) of $200,000.00 per person and $300,000.00 per occurrence shall apply. (d) Any future action by the City shall be without prejudice to, and shall not constitute a limit or impairment or waiver of, or otherwise affect the City's right to exercise its discretion in connection with its governmental or quasi- governmental functions. 19 7280780v13 IN WITNESS WHEREOF, the City, the Owners and the Developer have caused this Agreement to be duly executed as of the day and year first above written. WITNESSES: OWNERS: CDS DELRAY REDEVELOPMENT,LLC, a Florida limited liability company Printed Name: By: CDS Group Holdings, LLC, a Florida limited liability company Printed Name: By: William H. Milmoe, President WITNESSES: CDR ATLANTIC PLAZA,LTD., a Florida limited partnership Printed Name: By: William H. Milmoe, President Printed Name: WITNESSES: CDS FREECORE LLC, a Florida limited liability company Printed Name: By: William H. Milmoe, President Printed Name: 20 7280780v13 WITNESSES: DEVELOPER: EDWARDS CDS,LLC, Printed Name: a Delaware limited liability company By: Edwards Atlantic Avenue,LLC, an Ohio limited liability company Printed Name: By: Jeffrey W. Edwards, its Manager 21 728078003 CITY OF DELRAY BEACH, a Florida Municipal Corporation ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to form and Legal sufficiency City Attorney 22 7280780v13 List of Exhibits Exhibit"A"—Legal Description of Properties Exhibit`B"—Site Plan Exhibit"C"—Approved Sidewalk Cafe Locations Exhibit"D"—Tree Relocation List Exhibit "E"—Recorded Copy of the Certificate of Universal Approval Expiration Date Exhibit "F"—Hardscape and Landscape Improvement Plan For Buildings I, III &VI Exhibit "G" —Form Certificate of Compliance Exhibit "H"—Estoppel Certificate 728078003 EXHIBIT "A" DESCHFTICk PARCEL F TRACTS OW; 'B'; $C'; `D" Ally] 'F'; CDS DELRAY RE-DEVELOPMENT, ACCORDING TO TI-f PL A T TfCRFOF AS RECORDED IN PL T BOOK 115, PAGES 172 ThPOUGI-? 182, INCLUSIVE, PUBLIC RP:ORDS OF PALM BEACH COUNT Y, f L OYDA. PAR(�'EL 2., THE SOUTH 10 4.4 2 FEET Of- ThE WEST 175 FEET OF BLOCK 123,. CITY OF DEL RA Y BEACH (FORA M-Y KNOK V AS TOWN OF LIN TON), ACCQP,T?l 6 TO T�IE PL T THEREOF-,, AS RECD IN PL T BOOK I PACE J PURL IC ft'Fr.0 fC)5 OF PA ff BEACH COt AV T Y FL ORIDA, AAA COWEN0NG A T A POINT 157 FEET (155.75 MrEAS�6) A40RTH Of- ThE SOUTHWEST CORNER Of- R-OCK 12-5 01% 11k SOUTH 11AF Of TF-f P[_A T OF SEE.STFOT-S rE VEALS SSW 1909,, PLA T BOOK 18, PAGE 3, THENCE EAST 175 FEET, THENCE SOUTH 52 FEET, 4 1140CS. THENCE WEST 175 FEET, Tl-ENCE NORTH 52 FEE►, 4 INCHES, TO ThE PO NT' OF BEGM'NG, AL.L IN 5-OCK 123, DEL RA Y BEACH, ACCCRIVG TO ThE PL A T THEREOF, AS RECORDED IN PL A T BOOK I PAGE .3, OF ThE PGALIC RECORDS OF PAL M BEACH COUNT Y, FL ORVA. 7280780v13 A-1 EXHIBIT "B" Site Plan ! _ wp _ Li w I �? 1r Z g Yky�L,k�:.L1';>J-k Jw JJ-�l,vJ•rkL ��JLl�+•Jl.+4L J{,•..I!1a.A JF IL.U! J J—L�i^uj .,1:[L� . Wrr, w t, J' rL : r a "oa ::� o e I =`3 1 mti I J11 -9 ---- -------- Ly Z p t , _'j I i, ., .y I os: W,' ��I I 77.kr j,_ 4 _ � I t> ` . .... : B-1 728078ON13 CITY OF BURRY HEREH rjt11rAY BEAM Jt"I•AmurlsaCi,r February 012,2.014 Mr.b,ichna;;ovelli Cove.111 Dwign Asso-.iates,Ina, 2295 o',W Uwpo-TOW 8001avard.Suite 213 Boca Raton,FL 32431 RE: Atlantlo Cir in-shig C-crdillonC USO and CMac V Sito Plan Approwi Letter. Dear"ke: This letter is betrrg provided to yoga as the des gnated agent for ha above retwerced pre=1 As you are aware, on Moveraber 20, 2013, the Site plan Review acid Aupearsrioe Board took the ftaliti%wing 4!.wwo regarding the special action,ado flan and kervo.s�ape ptLn for the Athswidc Cronsing projeri: Special Actions: Approved the special action to rnodi'`y the frontago requlram�ents, 192 frontele on Federal Hwy-160 tai tt side of Nl- 71h AvanuWb east amide of ME r-Avencm for th; lmn' r floors along Atlairiic Avantae, NE Avcnvic, and NE 71' Avenue tawd on the finding per LDR Section 4.�t.13(F)(4)(e)( ). ahat tv modific ations are in order to aommmocate put!ic pl::�zas that ai'ow for pubilc seating arras and pudic art. Site Alan: Apumed the request tor a Class V site plan for Atlantic Crossing,by atsopting the findirgs of fact and laav cant iruxd in the staff re;roat, and findwig that the request and approval thereof is corisista t iroitti the CornpreFa€rsive Plan and meats crituisa 66t forth ire Sr3t;tiians 2.+4.5(F)(5), aaad Chapter 3 of lbe Land Develop". n'RegWaticns,subjed to the fcllawing cond?ion:. 1. Address ei1 Site Pla i and Engir eAnq f'echnicaal Items. (Exh.,bit A and aijbit B). 2. A;pprcval of a site plan by SPIW that:s in gsn ral conformerice fo the submitted sketr h plan•.. B-2 7280780v13 LeVer to trich3el Covelli Febtuary 12, Page 2 3 That any. patential conflicts at the r1rcalpr irldw-way AS it relates to rriulbror�, funcdoin bu a&rumbed duraw ia sets pw�rev!eyl pmrpss, 4 TW 11he applicant crxitri tes 'ix, ;oGt v-f a shut!a bus to U-4,CRT and di4ails of 6 shuttle st.W.,m .bv "I the dovelopinent be t1:133beed dijd-,-.q the s.qe appircvat procass 5, That moCitica.'Ion to ME 74' Avienua ane NE "" Street (ndurAng potentially restricting ME 744' Avenue to southbound o •ly at NIZZ 111t Street)a;w;or tinding.of a traffic sit mil.at NE 61h Avenue anti NE 1-1 Street Is considefad dudrfj flto plait approval to mduce mnwirns over encroachment into the P%.hborhood%rforn 1his,-sib. 6. That a witten lir-dang of cancurianq approval from thz;Srhool Olstrict be. submitted. 7. 71ist provlslwi-of the buts sihettr atid eusernent is addressed touring the site plan review promss. 8. That a mi.,jillnum orl'Nvo additional bicycle raci,s.be prw-ided along Federsi Highvn-Y and two x ng Atlantic Avenue. 9. T hat the provision of woikkow homing tends be addressed per an agreement to be app.,uved ;)y the Community Improvernere Wectol, ifld exwutt;d;wUr to c;,,-.,rVflcahOn of tk,,site plan. 10. That a minimum of 75% o'411-ifi s:,itfew urea of the front st--eat viats along, Allant-M Aw-we z! thy: gmizlid I!=area of buildings I and I!afe devotead to d6pldy winduws anU to cnI:ranc.,,-,.a 11. That a dedlzat'.on of, 7 fee!he prov.ded Rw Atlantic Avenue east of NE 7th Awaw. 12. That at least one bvftng ac vlsa the debWAiuri its "LEER for 140giiborhoi-A Dovelopmert (certified).- 13. That re-Ased fivor plans are sulwitted that refAIrt the revised 1 usidentiat Lnit courk 14. That a firal finding of zoncu► ency bc oorx1ticted as part V� the site plan proc5ss to ad4ittris tho current revis'.on. 15. AppJeant shall pay for the elosure of N.E. 7th Avenm at KE- 1st Street a6 per the d�igin, oil the overhe3d side presented at Ine meeling of Dmumix,-71, 2012 and with d"'iection from ft City Engineer arid'in a000rdence vAth the City's LDRs Applicant WAN pay all costs ir=rred b{the City, associated with the c"Osum. 16. Applicant shall pat, all cot-As for traffic catrii%3 on Patm Square, which ray !Wude a cul-d-e-bec, J beginning at tiro intorsoctoil o4l Atlantic Avenue op.d sinuth to S.-'-:. 2nd Stmt in acoordlor=-with t1te CAy's LDRs and as cietenrnhwd by the City Engincer. 17. That puW-.c amess owernerits are orovkled for triose portions of thc re-quirad sideAmig widths that onmoac7i GrAc the properly end alorig Nk 7"Avenue, 18. not stipport 00sura of NE 7-"Avenue al.NE 1 Street if ditection is by C-Aiy Corr-mission to Rm-p N--1 fk'Avenue qwn then-3ftifiwiFil commerU will be genomled. Revise civil phasing plans to include projact ovomft pbasoq Wart. sue-b -;,hases need to be clearly shown on the plans and a narra.live dc-scribing 111c phasing progrem proyWICd per LjDR Section B-3 7280780v13 Lezt& to Micnan)Covel°i i*e Naar-,- 12, 2014 Page 3 2.4-3('_:r)(22).Alm, induee.,he demolition of existing bulKing.^.,ns part of the Phasing plan.How the water ans savuor phasing n!an Will be affected by u4o overall aiming plaid nec-da fo a shown on cool flans. the braiding demolition sequence m�jst to shown to epsur+e service MI be mai^rainad to et:isting NIS'LOrners. 20. Provide derrclition plaits in accordance wd;i above com�:xtiont.Tho sequence of bu ldmj removott as it perfains to the mmoval andfor relocation of N+rator arts:sefvar moods to be shown on plan; prior to Sita Plan CartifirlMn' . 1. C'early specify or civil pha:irtg ,otans witert existing grater and se%�mr mains vitil tie abandwted and rerno•eiid in associzition with ov6rc1 prgias t. 22, Clearly indicate on eiv,I plans the secuencw of water and se°vPr,::P.rvdce removal and replacenient I exishrg custcun-m aior:g Atlantic Avenue, NE"1`'r`Avenue,i 7si Street, antique 3ho;), offs~ at comer of Fe-dej'91 Hjghw iyand UR 1-1 Stre it in asuc ation to+overafi project. 23. Flease f&ka irto consideration consWetaaMy, health departm4rrt. releases, road c osures, re- paving, iron enience to local residence, ate.w.nett deW-loping a aW rftAsing part. This 4rmment will be ramoved after. :a nhw."p+!an lies 'Iee►i shrniurt on civil p�=,.nrid City Is in argm arrant with phasing plan. N Provide cnpy of Sowth rinrda Water Maragernsert i isvxt(SF 10)p-armit, 25_ That tho aximvaiks in the CBD zoning district bT a mk-nair�,11 of 8 feet and 10 feat; de and that the vioew-Eks should 10 feet Wang Atiar'tle Avenue and on Federal Highway and 8 feet on alt other Mca3 iops with'in thr'project. 26. PrWide certification letter In aoaordanoc will LDR Section`T. i.0(B)(2)for all bt,ildings.tot rr rating fetish floor elevation requinamen s.The flnii=hed floor elevvaiion is re4iilred to be a minimum of 18- Inches abavo average crovin!s enterlirre cr Askant rt ds. Lot teer must state drainage conditutns have been invastigat i and thu proposed fi niched floor clevation is slamn. thu 700-year floodirg love:. 27. Proviire :s.pnW and sealad drainage repoit indicating the proposs€,t syster 's aNlity to meat storm water:'02v_arsd auenti3Y,raquirainert#�i la acnordait a with t South l~oriC a Wator't aingtattent Distnic,tt regOalions per LDR $rxilco 2.4.3 ID) (7), In addition, the surface *%ate.r maragement sy*terr nae~dc, to Lm dasigned in accordance with LDR Sectic.-i 6.1.9 for a min3aurn of a V)yr./24 hi- storm av iii.The systarn needs tc pruvitcie forpusitave drwtiaye of Uts,slfa t>s roads,and other puNk areas as vm!l as handiop any run-off from Wacent (-:real that histoncaaly *td tri�to the subject area. Include dralnaw ca;culatiom cc.- -mirg Chat theie will be no nagative post dwc;lo;)ment Impec:fa on adj snt Mottles,structuMS or proped'ties. 28. Provide door:. ntatiorw from MOT ind".4Wing fhis project has pe.n?mion to Cu into FDOT's drainage: systern.. If FDOT apu;oaes proposed dischergos #nom the p;hate drainage system into their system i:ak;nc Federal Kghwuy and Altars is Avtinut, than clearly in&;ate where g1storrt bscx mes private and this must be nolec as such on plam, and FOOT approvod perrnit. Frevois FAT litter was dated 8126110, ploase ob:c;n a more recent letter so they can provide approval on c-arrari past-usv4luprn.arit d'isuha ge r�atcrs,. B-4 7280780x13 Le'ter to Michazil Covelii Febru=y 12,014 PFrae 4 lg. Remove cw-iectiorn to City drainiage sysiom on NEB 14'Avenue o; provide Celculatlons inazathig discharge lmo City system exr,F-.adA a 25-year l 3 day event and include a cmitrol s`racure un apple:;aiit side of;pi opetty'460. 30. Irrigation system needs to rt*-dea 3ned so 11.wa tie cma—i-ected to he City%re. irned eater ziy trrr: when it 'bacomn ?� avadabiu. Ov�ne;'s iniga iori :yystorr, shoutd be designed to actxmmodate .1he future cnrirrechon thlougfi oire mazior riwlwr. Upon ccrneetion% the City w fl imNa!, a valve ai id metar iat the prc mi':y Ppie. Ple?.e Gourd±ri4ate with the Public Utilibus Ue iaitment ain the I•ot"ation of the systera,,%en'try paint to the ownees irrigations ystem., Pleas ind=rate rih stu-at this Can L fowd. 31. Provide stoned and seatW cakuLML-n ii dicabn.2 curr and proposed ectirnat:d flm-vs Into exrstirig force mnaiit;si;tu:idl to my adesntion at the Ergin ing Division. Upon review sidi appFrn►al: a letter frv.r; thr.- D p;aty a+rsctor cf Public Utlifti as R+tAng that the City s systa—in has sufficient rapacity to 'seat proposed lcx will ba issued 'this is a rrMquirrsni�e;�t ii; acrcir�laiicr- w�jith Li�R Section 5.3.3 Epf fur the Off-site to th+ Oky's water and smc: tsyateais. 32. Revise wwatcr grain!fire hydrant conm='Iloris at ntorsectiort of NE P Avenue arxJ Atlantic Avenue in order to ova d tapping existing W on Atiantia Avenue Grid keeping fire hydrant City oir vvi d (Le. before riieter).Thorefce,iteelr emitirig IT wv: er main toast peas existing tire hydrant tt,eri eafr or oug eutir*g 12"treater mien; and provide a tap cuff of existing 12"t�mteir main for 8"mastar molar.. 33. At interseown cl NE 7�"Avenue and NE 11 Ctreet relocate fire hydra-rg off'of existing g 12"water r ain so it is City owned. Modify crinred:ons on norih side cif ma;rr to a(,eonip,ah this. s"..Wer to #16 above. 34. Indicate ptir s to grout poifoi-s of existing 8"sanitu7, hewer Brie to remain at SE corner or,.Atlantic Avenue at existinjo manhole#4.Thia can bo dono prior to Building Permit ivauanre, 35. Since existing 24"Plat n it not be abandoned at east side of bi itdsrg 111, remove 'ahanrfciried".This can be daps prior to Buikl'mg PermK icsuanoo. "6. Indicate 24"FK1 will be capprd.irust~host of c.^onno ction to 36"r 24"DIP t=Wit at east st-je of Building IV.This can ba done pd or to:%*u—,%P'ermit lsaueroe. 37. Revise rote!intantion at existing sanitrirAyr;c manhft W., a manhole nee.Js:ta remain at this intersection.If replacement was the intwA.J)vn,please Clarify and manhole#69 is a randy hi me. 38. Prow.vo aComrAmile Utility Pia;l sig=n;'by a repro ntative of e ►utifity prcikice avestirm. to the fact the services(rr;9ater.sewer,drainage,gas,power telophcaie and oabte)can be accommodated as shown on the Conipiasite Utility ?lean. The Composite Utility Pinn iiesds to addn he responsibility for rc ocitf'=%of catiist'irg scivices and lnataNut�on of netj serill= in acc ordaroa with LDIR Section 2.4 3 (F) (4). Composite Iw Uty Plan is also jwd to onsu a physical features do not cord ict wth each other aril-slating or proposed:utifity yr;►vi fis. 39. Indicate on plans a City approved bus srieiter aill ba instaniedi in accordw= visth Palm To,an 2nd AOA requirements (e.g. T x 3' landing area, 50' from intemacticn, aifeet access to site, etc.). Please indicate which sheet this c,�ri be found. 40. Pl�easo note, v Fiminc,2i1 Guarantee in =ordance wi:�th LDR SecWn: 2.4.10 may be required to enmre the timely and proper installation of pablic improvements~rich are required to su:?port the B-5 7280780v13 Lette, to Hchaef Cove)i February 12,2014 przge 5 ptope sed ueve owent. new to LDR Sr r~ticn 2.4.10 (A) for items which rcq ire a ^ine,mai Guarantee. The FinariCial Guarantee (surety) amount is quantified in file approved Enginser's Op"Non of cost Surety .fo mat can La Leiter of 01,ede, cash Depc6it or Periurrnanav Boud (Subdivision Format). Surety is rLrtuir .a prior to issuarie'r ai arty .armi!s from ter 3uildrng '^rr9tt. DepartmanL 41. Develouer will be requ red to contriba:.- furls for the future sijnLaization at all apn6cable Wersse'.ons, th s will be reep:,irr�W V,.or to 301d,rg print issuance. 42. Developer will be recuired to coMribAe fi:nd5 4ov,.ards the Citfs US '7 Beautificabon pro sett. thI3 tvil b:regzrr�d pRCr tv�iciikfit��p rrgit issuar::�, 43. That a recorded plat be submitted. 44, That a provision is made within tho Property (who's Associatioi documents that oWiucUons which vxautd restrict vehicular access to the lovmbouse garages 8urh as!4tvage am prol�lhited. 45. That the pkins be rawsod to correctly nct^the building frontage(Imeneion rJon j HE 51h Avcnus. 45. That the p'ana be revisPA to correctly;dote the nnrthern frontage d1menakns of bails erg Vr. 47. That trio shared p king calcuintion.ahlo nctcd on the site: plan to remised to be consisLertf w+th tits current development proposal. 48. Twat the applicant contri-a<ilos they cost of a a- mile bas troi oy to tho City- 4G_. That the appka- nt design and fund turn lar'e improvements(fills lea Avenue/NoFthbciund right turn lops on to WE 6h Avenue) ind provide the cost for the traffic sigma! at NE 61s Avenue oral NE 4' Stir;: , 60. That a w itten finc;'ng of concur,ency,approval!roan the Soho Distnrr ba submitted. 51. That the applicant tunds a bps shoNa+Jong Federal KgVway. 52. That rhu provision of vmi:4-force hctming unkts be addre ad ;per an agreement to be approved by thia Community rn,,=vornorl%Din c crr and exceuted prior to certifica#ion of the s?tz plan. 53. That ait?oast one buddiirig ar ueves LEED ce uliicaticn. 541. Applicant shall provlda design pars and pay fair the e:osure of N.E.7"'Avenue at N.E. t"a Vreet. A temporaq a osure is to be pr*vlOfld at this t±me and if wvarrarIed vfter 7roject impacts are arlat.yw sea thO PCIMcsirQnt closure ni u ld be constructed. 65. Applicant shat;' ptoviae design plans and pay alli costs for traffic calming on Palm Sri:rare, which ,clay incase a cul-de-wic, Wginring at thu iatr-.rsection vorth klanti Avenue and south VI S.r, 2n4 Sv at in mordant:,with the City's LDRs anti as determin�.d by tha City P.rig'irtens. 56. That the roil down gate"have lcnox boxes to ai;ow erµraan e. 5 7. If dha bird finds that the loading fa::ili:mss pie wfe(ua4c, '.he rriarregnment company; shRii require de&vary services to utilize thw designatpd loadM zones exclusi-x4 .anc!teas Lr noted on the puns. B-6 7280780v13 Leaer to N:it fiael Covell] Feb,uaay 12,2014 paga a 55. That tha Wo tandorn parki,V spaces in r ie subgrade pe?kAg area an tide w eso side or N 7`r Avenue are to ire ellm,sated. 50. That tha last pa;k►ri spare in all dead-end parking tirorti be stfi*d-c-ut to provide ---dequaw Iu.,narourd options. 6t). Thtz1 tho p'to'o.;tctric plans bo ravisod 0 incWde glumin-akii levels in the easth.vest cot tyards. 61. Unt7urrd.?parking from:rerr#lpuresiaisz,for those residents vino dry not ne.P6 o car cr a pae kh_m Lvac;--, 3-2. Atlantic Crossir;g will disseminate-&NM part;Ucycla rental!-16=ahon to all ras:Ctents.. $3. Provide an inside, sate and seem storegc area for bicycles with mcks fo. a nihnimurr, of 8e bicydus far V41C rus der►ts of Atlantic Crvss'ng. 64, Provide storags:,showers and foclkcrs for eracloye:m 65. Rrovida speou for a pormanort transprortetion inrormatan kiosk within the lobby or rmr boom areas with i,vfo w. short town vehicW rentals. Thrr. :kiosk will c ontair. info and routs and schedule information for Palm Tran, Tri-Rails the De',ray Sbuttc,, and the Roundabout as weii as .few or substitute providers (such as Tr:-mail Consia! Link); info on hrrn to staTt a cc.-pool eras vzripook dotalls or tha errergency roc hom program; and Tri Rail BW.e Locker 'r€rgrarn Application Forms. 63. Provide the folk-wing k4ormation at each calondar year to SAI ti end the City for the first 5 years follo ing occupangr The number of reside-i is wiw am paying a iowur rant. be arse they don't win a car,or need a panking space, �* The number of owner stomid bicycles atcalender yaar-wd, r The r;umber cf Umes Me residents uses a cornmunity vehicle for grc any shopping. The number of timix the shamd Ncycles acre cad In a calenciar year. 67. IrWa i a device that counts and recorde the r rber of motor v01claa that enter aria exit the garages by br.Jday,and repot`this activity anrually to the SAFE aver the City. 63. That d tie traffic steady and the City deem th3l,retractaWe electric or pnaumatic bollards are a Mole opfon to assist in than closure of NZ Seventh Avenue t;*developer A411 fund this system i=Wdirg can-site and r:.mote ape rat or.-.. 69. That Vte trash receptac!" on-site as labeled be aoeornpnwad by rwycli.-ig r+ectapIm ns and that residential and cimmexial recycling be plc:viaed to the entire site 70. That Me green wall shall be cansidered a treiiis ant: ,401 be c:lW.!cr: to uncroacn in tine siatback along Fodwel High-jay- 71, That the opplicant will create an ingress from Federal Highway adjacent to tt. locat4or, of the egress into tare garage Level as long as thin,*approved any the FDOT ar-d the City ZnC,ineer. B-7 7280780v13 Letter to Ra ichaJ CovoUil Febnu :y 12,2014 Page 7 LandscaLPlan: Approw-1 the lwt1G apa plun for atlantic Crossing based on pcwtikv firth r: --p ith re&puc to Seclian .0.6.16 3f the Land::tw:•toprntnt Rc:.3c,ictionts,Rrtlr�ect to the foitsrvirg rnrtcilitwn�: 1. That ail'the landscape Tecleniral Items-we a6,dr9ss�d. 2. 1'he Landampo Ran will nood to tzko into accuLvtt the efipruvemenW J,,xig NF 6'Avenue as Bart o f #'3� federal Highway Seati ifi=lion project Plans for this projoct are availabk3 thrua>gh our Enginearinq D pci-iment. Pleizo c.ail Tim Tack at (5611) 243-'r 315. Shan all iriV ovemaris assoria!ed with this boautification prt4e e.%, t!Mn the #ar=ms o` ft- Alle,rtic Cr sing pro ect an this La adsrape r'Ia ns. 3. The donation of xistirt trees ot. site vras made o+ ondition o`Approval piior to alai ciian9in of owwnershtp of this pto ect,All exicti_rtg trees that were proposed for removal and were of inteirest to We City of Utray 3aach were required le be:root-prunes d and refoiwted to a park designated by the City of Delray Beach. This requir+amont shat ee1nnit. As such, a "--,j Existing Tree Survey is r R uireci, Show all ex?stitrg bats vfith a ca.?O er of 4" or groc er. La air trues with their botanical natte, common name, height and gpm.id specitirations, rslrt.icn and proposed action (remain, relocate or rarnove). X-I trees prtl,pased for removal based on this new sLavoy will b?evci9uated by City staff who%dr determine*..e%"alt a of the frees to'lie City.Tkese Was s1.all be Willy funded by the developer and feat inefudes the relocation of all of the trees Bete:miried by tha City t andscap.e Planner including all root pruning, relocation cf the trees and panting their into their new sl'?e and estt6b11shing them. 4, It was dtscrassed titut u similcr streetscaro p, cpcswt along the north side of Atlar3+ac:A'ver.ue would be ra plrceted alone the s"h;aide of Atlantic Avenue.A coraNhztian of Lim{yaks and Royal Palms were to be used.This has not beery indicated on the plaits. 5. There appears:o be a mflict vijtl' proposed trees enthin the parking ioi an the no,°th sit of NE 11 Street and eAsting underground utiFlies, Tract pmpoGed tmes will need to bu shilted so that theRe conflicts ate resor*led. &. rho propped Roy�;i Petrns along the north.sida of AUr4tic Avenue are planted too dose tingalihpr. Spans o+.t the!pair-is-ac that fho edge of the canop es ara leaching,but are not grossly ercrcarhlm one t22ae f Mher. 1. Per LER 4.6.1c.(K)(3)(h),AN landscape Islands are. .TquIxo tc cxntaln a minimum of�venty five (75 SF)srurani;feet of stau rs and groun-i-coftrs. Shrubs shawl be placed at the back*of tie island wvith law groundcowars in the nosy to ellmInate sight vis-Mitt' 5 Por Ln 4.8.18(H j(3) 3, landsnape, Mands are required to conta:m. one (1) shed.' tea heat is a! laast slate:n feet(16')in I ht.Palnn are n(-t permtted. 9. ,"hat the vegetatlan be msintained below 3 feet ail above 6 feet to maintain good Mrv-i,fance thrc=zghout tihe property. 13. Tl-,t t)e prajcct have P-oditiaraa pottsd vegetation on thi.,uppor dock above the perW core an buiNxig aumbh�r Four-S. B-8 7280780v13 Letter'O'Michael Covulli FOru"14.2014 P-.qe 8 101. That additional :multilevel vegetative %cre-nfnj- be provideJ arowid all sv*rh cah:nats and Vart4former ct%:Iot-wren wherever possiUe ujiu�n rgA ot)nflicling vAth an acm,.-s poW and that the r,cfw-niw,,doors be provi.d:!d to staff for raview for aWopriate aesthellas. Specia!Action: At Its meeting of Der*mbe7 '18. 2013, Pvx SP RAB recariside-ed aw.'. appr&*--d ttia -,4.*cmI. --irAlon assocLated vith time corract building st,.tbacks,2%f3flolys: ■ Aior�q Nk: 61" Avenue: allow )M.87 11,9et, where a mirimum. of 407.87 fPP( is required, a diff Lm n-Ya of 127.20 fit; Alone the wast side of%.'E7�'Avonue�: alW,287.08 feet,v. ore aminimurn of 407.63 is.mqured, a differaice of 120.55 feet; • Xong the east sire of NE 7`'` Avenue, allow 24-0 68 feet, %here z ii1rnum of •07.63 feet is inquired,a difference of 167.06 Nei,, • A:arig Allantic .Avanue, allow 16-1.42 Nei . where a min5mum of 183.25 feet is requifeS, a d7ifferen=--of 27.83 fcnA for the lower floors for Atlantic Avoriur.,%w-st of NE T"Mr-nue. BuNdIrA Elevatiom: At its meating of Cacerriber 18, 2013, the SPRAS approved the buOding ale-Mions su*ct to the fokmng cor.ditions: I . Thot We windows of,tha businesses and oftzs retrain unobe=Ud by z:gnaga, 2 .That the metal roof material cn Bui'di%, IV-S be revised to either bar.'el day Or a canvas Emning to match the other propised awnings o►the budding. 3. A 200-foot 10e of eot survey n&eds to be %itim.1ted for verificat"on for the roof top equpment on Buildings&V-N and V. 4, That the rooftop evwM nt be relocated to th,o, Interier of that roof dock and the mquisite line of sight surveys subedited for buildings IIUVI-N&VI-S. 5, Titat a note be add:;d to the plans that inidievo ;ight transmiSsion fer!ground Vzor ijlase areas be no greater than 20%. 6. That at least one W IdtrC ach%ves.LFEn cartificatior. 7. That the developfFr studyqu—eentrig that may be visible P.om the upper ffwrs within the devetopment, and to proVas lax dmeter screminC.- of ar-y VoiNe moO, snical aqukorriont from the sides. S. That the deva*er mocli.fos the m-3tz1 awiiings orr bu-iding VI and bdild-.,r.,g IV-S la La moire propoitions', to Me buDding and also lo ptovide adc1loniishutter detailing. 9. That more re shuttem be provided on Guilds.nG nurnb3r VI, not iniclud;r.9 the interior ccurtyaM irea-s,just the exterior street-faclig elevations and again 'o viotk ou th , ;ropwtion of the small rinetal R—W,-'.ings and overhangs B-9 728078OvI3 Letter to Michael r:nr2Ui rebtuary 12,2,614 Mager'9 M That the Art Mw buiidmg, in 1her revised elevations,has a lower level gl"s whizh is storefront with nc srmuls;ed mulliorm and that tbe stone milargil is idar%Wd with"S`I`-1.'' 11. TW any tree or true-like vegetation that ia planted in that location(Wong Seventh Avernus OM along Veterans Pare:)will have a minimum twenty-huo foot(22)plaited beig tt and drat the connec:cr ar a betymen buildino V and buEding IV-^J ne one foot(t')lay: .1com tfa building wall of the top floor of the Mediteerra,nven stylo bukiag. Conditional kkc: At is meeting of December 4, 2012,the CAA Commission np-r-oved'he. nonditional use for the subi-act frroperty, Private Awma l: At its meeting of January 21,2014,the:City Comrriswn considered the private appeal of the project upheld the SPRAS approval. NMULtlpm Five complete sets of ali p9ar:s and rloco7nenI ftldeel anc zolla" that azldress the conditions of approval Creed to be subenitted to the P'annirg and 1oOng Department, Once the alto plans have been certified: you will need to submit the buiWiln?l perms`, application to the C4rir"unity IrxtproVernent Department. Please be adv d that thra site lrlan approval and condifionail use approval are valid for 24 months. Turns, the cor;ditional use wii expire on 17w=tuber 4, 2014 end the site plan approval wil expiry on January 21, 2016. Prior to the expir'atloo Gate 3f the approvals. 26 p;3rcent e;f the of ail irnprovernents associated wth tins development appromA must be Construe d rah order for thlt proposal to be considered established. If you have any qu"ons,please contact me at(561)243-7321. Sincere':y, ,OOOtt ape.Al�tPP.F Senior inner Cc: PrOe*file Correspondence ft B-10 7280780v13 lE1CHIL31T.A. i. Ap.rival zf a 31te pan :iy Sr. AB:hat-s T genaral canfwrian!,-allntha sutrri sketcb P ar. I hat a.i)` poteitla ci^rf(zts iit the �Jirui:,i, r�rlvevny as i r0at°s to r.-,lr,'ie 'urr.ljon.,.; bF 4 addres,,er.,el-L-Ing*'�Le sitt­ '!an rev'ew p*ocesR. 3) T ket the appliaW Onntni3OeS We co5.,Y a shd..tlw b"to're City 3nG cetallve of a s-ii t1e stop-P he devtloprnert t?.--fina;ized cl,rtay M mite appro,,'al process, V.) That MQd fAlion to N1 7"'Aven.;--end ,IE V-S!ruot(instuding pcAartially r !45t;ng.'NE 7" Averi�.. to scuts wLind only nt KrE "- StreLp.)and of fuidinq cf a t-.afFic at Sa e'Ave-wa alid NE'lw' Srce:is C41_G.dU-_3 dL-ri-V wtu plan apprv�iW to radw.-a ronceraj o%,e.,err.raartr.icrt info neij'.1bzr1,ouJs from tas soi. 5. "^s:a wriLen f.rc,riq of conmxrertcy j�pt(-4 from ',ie S^.1=1 Distriv.z'e sub�'.Ilftea, Thet prov.sic,. Ujs sizRaf anu ease-reid is addrcs,%A duririq the P.;-,a plan ravew T'hw a mini-%irr of:w additional lw-,:,ycie vs;:ks '.,a -ravited clang Federil arid Wo aiong A.1fa-itie.AvevuQ MEt tho Pro-ation n', workforce ho.ving ar. oe addrcwd pe-.- a7i aareemsnt to oe er-a-i'Ovet'. by Vic CoTmur4ty lrraro,,erno�,M -lire.-Or xid exec��-;'oc �2 c-F tt'a site p.in. 9. ThDt .3 min- irrum of 755', el %L.ft- ca area &I the front streal wails warij AE'antic A I f uvv vomue at the pnx,;rd four awa of 4ufld.r..,25 I and 1" arp nevrated to Li-rpit'y 010 a ano tc epil-rar-cbs. 10, "Aw a dedic-ati-or..cli 7 feet be provi-Jed fx At;'ant!-,Aveue east of NF Yth Ave w. 'the" a' Ono ic'-Acinn Ach�v-ezi Vie desilgWN:t, as 'LEER for Nep..'-borhood 12.. That rev-sed tloorp.'airs are SummittPriteas re`ledtrie revised ressidan,.ia. 43, 1 nw. a P131 tnlllp rericy oe coda,,-j,,-ted as part cf !',(' sittt plan prceess to add., s the currentravisen. t,,a Avemie t RE. Is', S*mnti, as per the Appicart slia!f pay "cr !,he vvaire o� W_ '. des,gf,, or, Ve ziltde xe�eituj at the Aieebrij of Deceniber 4. 2012 are w!O c irezbor...fro•Ti Vii 0:y"ig!neer and in acr.orda-tv wit i, Vire Csty'a'_Drvu� A.pL1fii;31jtsV-a11 vay all coati 1;icun-,xi by :ile City 4 cas!s ca­v-ig o-,Pawn Squa-re,w;hik'.,,.*ray rclude a c;:i- Z Applizant shall pay '_ �cr trotfi. ae-sa�,!;,ctqrir.inq 3t tha!rterbocti;;..ruvjj� n At.affc Ayct�Ps 2nd swath to S E 2•d Sireat in ikzzurez,oe will)the C'jt�G LDRr.arid as c,&it,-rnired by tNe Ctty FinGinew. B-11 7280780v13 EXHIMT B 1. That pu-I',tI;i,. access easements are provi ed for those, portions of the reqjfied , i sidewalk widths that encroach. o-itQ liltr property arid along NE ?4 Ih Avvi t u c- (2 does not sjpr.or4 :Icsu!e of Ni- 7" Averive at NE 11-' Stra�t It Mrection V. he given by City CommUssion to kip N�- 7 h Avenue open then sadd6unal comyrierits +rail; bin ReAse phasjng p-enns -.0 irc!Lde pvjeot overa![phasing pan, such paases need to !>a Jaahy aliowa on thL, plane an;j a ri3rraiiiva desurjbirg the phaui.,-?ig program provided per LDR Section 2.4.3 (S X22), Alro !ricluce IFe derm::iT,01 of exMing b4Aoings as part cf the pri-asing Flog i-Imurre waier and i*wer pbasing plan -W,111 be affcotQd by the aveizil phas'M;, r'wi needs to bu- showa or cNil pleas. 'Fhe bu!Idirg derriolftis s-�xi-uorlco rr;ust be A-iuwn -,,o ensure "rvica w 4i-11 be r- ntained to existiva custcrners P de C rov-- 4.-.rrioldion plans it accordance viAt abovc wrn- ment Tho, sequence of bu.idina, removal ws, it pertains to the rerrovvi andiar relocation of waltar and sewer reeds to be shown on. pians prior tc,Site Plan CetficatOm 14�J, Cleplys--Acificon civil phasing plane hen be abardoni�d andrem- oved in assD&atier with over—all prole ot. 5', Clea-.-jy jndlcato on civIl plans the sequence of wate.1, and sim%ur JUIVICO removal and re Placement to exi-s"ing custnT;i-.,rs along Atlantic Avenue, NE"Avenue, NE I-d Street, antiqf..!,.1,q shop, oftices et corner of Fedp,"al Lilghway and N- F "I" Stroet M aszoc!ation m overall orolecl. �'T ",lease take Into corsideYsbon cor.st:-LctabRi-iy, nea!tti oe.parlm m. t re#ease!!, inconvenience to ocal rasl anoz. •etc. wher (java!Vp nq a civ phasing plan This c;;mm�nt will be removed after a p-'Using plan iias been shown on cWi Plans a,c! CiV, 1%in Pgra 1,haling ingplar. 8. Prw,!:idc ::opy of Soul -%ndaV4ater Managerne-I District(SFWV!C',: permit. S. Clearly 1,ndimate sideww dim,Ynsiona s'9JL-waF,.'s utilizad by the zub.lh^ in the C,--ntra.i Busigess DmINct art: rrcivjred- 'o be a minimurr., of 13-Jeet wide. Dirr-,ersio,ns cov1d riot be found ire last submittal. 10.PT, vida certi5vation letter in acccrcsnce with LDIR Sedior; 7.1.3 fS) W ter all buildings not meeting firish floor clevation recrOre.manta- The finished 11borelevation is reqwrud to �e a minimum V, 130-Iriches above average crown .1 cantorline of aCizoen', roads Letter Mkjc;t We dralnoce cond'.'ons have beer, "rivest)'gated a.,,ld the iorupctied *-,6hed floor elevation is above the; l010,-year flooding tavel B-12 728078003 I 1.?ravide -s-igned and sesied dra nzgon repoi! indl("oting thi-.- proposod systern's abillty ,o,-ne-t stcr-,,n water ILLaLily arL,.,' qLi,4id requiernerts ;n accordnnca wth the Sautt Fiwjda Water Mar-ugerment District repLlaboi--)s per LDR Sec,inii 2.413 't)) (7,,. in Wd.,.tion, the surface water managern- eint tsy-sterr.. needs to be d-.wigneo in accorda.-ce w,th LOR SeLlJon 13.1,; for a m-M-C'mum of a A.0 yr.,24- 1r. shorn, event The system needs to provide fcr positive drainage of lots, streets. roads. and other pLbli, areas as wel; as handling any run-off rum: adpacer-1 areas that hi,%tQr;,;;al.ly 1"kowad i-iits the sur)ject area. InciRde dyvnov :;alcvlations confrmtrig Mat there will be no regabve post di5va'.opme-6 impacts on a6zoent ""orres. structures or 12.Prov;de docurpanIntcr. fron, FOOr tndlcmtkig this project ""-iris pernris-sion to lie W'nto FDOT's drainagc, 6ystern. If FDO-1 apprioves prqposed uiswhaf�es from the pmfate drainage system nit their sysierl alcrir, r- dt r 4I- K: gKoyay ood AtIsritic Ave--11110. then clearly i,if-ficate V,,era systern ber-irnes private anc5 -,hiz must be noted, as such cr, plans art, FOOT apqro%;*ms permit Previous HIM ietter was ditad 825/10, please ottair, a -nore recent letter so they can provide app7ova! an Mirrent post- &vollop m-ritdi.schaipe rate s. ty r provide: 13 Rem-C-N-j connect.or., to 0i Crayr-age system an ME Avenuti a caiculatons ndicating cischarge. li,bL-- 0:iy system exceed u a 25-;,mar ! 3 day event and jncl,ido a control stro&u.re on appNEcant side of prope-ty.hre 114.1irrigation system neads to be dosignec, so it car, �a connectea to We City's reclaimed water system vken it becomes Otimei's irrigaticri system ',e d -ii'-w-date the future co ugh one master eSr red to a=c; ic should nine--tion thm. m)k;;. UporT con,-,ieoftlon, City Ull install a valve and met-'r at the proper!y ;0e. Pleaae coorc-inp-te with tn.-, Publio JWilifts Department on the locabon of Uie systorn's, entry polvlt to the ziwner's irrigaVon system. Please indicate which sh--ot thiit n; r b€- faun 15.Provide signed and sealed salculations Uncticatirg ourrcrt and proposed erurrated flows into exivNry fo--:;c- rnain' subro-It to my ettention at fne E-rigineefing Divisor. Upon !ev�uw And approvai, a fetter from the Deeptify Directior of Pubdlk; Utifice-s szatf-lq that.the Cti's systerr, has suff-cieM,capa%co-11y o ti-eat proposed 1`147,wr. will be isGued. This is a require m4ont In a=ordanee with LOR Sec!inm .5.3 3 (D) for thu Off-Sits Irtip2ct Assessment to the City's w344r and sawer systerr.s. 16.rlmvis-. water main I fire hydrant Ccrne--or's at intersection of NE 7 . Avenue and �K i . io Atis rrk:Avon�.v, 'r) order to uv:j' I tapping exiOnc 8" ei Allantic Averwo JrJ(J keepiriq fi,m hydiar- t Cftty oymed (ie before meter). therefor`, reef, existing 112" water main 10 i R -A I jus. piss axi,,;z ng fie hydcart there rap or :,-;lug existing 12" waller main- and urevide a tap olft, of existing 112" water niaii )k,)r A'ria zrmr meter. 17.k. intersection of NE 7"'Avenue and NP ft Street relocate fire iiydirar4 off of existing 12' water rnair, so it Is City owr.ad. 70o;-.4ify Qcrneations on north side of freter to accornplisli this, , s;mi-far to W16 ab�me. B-13 7280780v13 18. Irijilcato pla-s to -rout portion of exist-nq T Anit*;,*y sewer line *0 remain. at SE corp-ior or.Atlantic Avenue at eAlsting manhote',14, T�Jts caa bo done prior to Swidir.g. Pe,,,mil. 1 S ince existlig 24' FM --Mil gat be al-Jandaned -,.t east sine of. buAiing IV, remove abandoned;'. Th.s can be dc!,a prior t ,Tjuildir:, Per irrilt issuance. .40.Ind ecate `,A' FM will be -,apivd- juez wes l. of connection to 35- /24" DIP F.M, at east wdL�of E i!eing IV. T--,Is an be done prlar to Building Perrn.4 issuance, 2 1.%vise rots; in'ernion at"- Vinq sanitary sewer manhole#63. a rrianhalle needs to remain at this intersection. If rep4cernert was the xterjWn, please Jwify and mar-Molt,#69 is al-eady it j8e, 12.Pro-ide a ^ rigosite Utility Plan signed. by a tive c-f cacti ubifty provider .1 %.Jo M. at'.asting to t-'-ie fact 0,a:ser)lcrz* (wxer, sewe.---,draPtage. gas, power. telopi one and cable) can be accornmccaii,-A as slFown m tha Corroosita Utility Plan. The Como site Jt.�Ny Plan ;)uutiii to ac.d..ess ` e responsibi,ity for reioca!",on of existing ZkXvices anj Pnstal:iaticn of new serviw-s -n accordance with IMR Secrion 2.4.3 (F/ (4). Coimpc-site Wility Plan is also used to ensure physical featires do not Conflict with eacl., other and exAt-irg or proposed utility servicas �2�lrdipcate on plans a City vpprnvec FVS sheNr vAil be irl in accordance %i(iti Palm Tran and A requirernar,,';* !.e.g .5' x 8' handlMig e' .a., 30' from intei-4evtior, c ire&t access to site,et-.). Plasbe lndIcW-e,,vh!'0 sheet this C" be I Jund. (-24 "Base note, a Fin?,-i6sl GlLlaran•ac- in a=- rdanoe with LDR Section ?.4.11 rray be required to ersura -ffie timely ano proper instzllat;Q^ c-117.11 ut-bic 'in-provemients welch are requirehvl to sL±ppiort th3 proposed dr:,;eioprnent, Refer:&,o LOR Section 2.4.13 (A) f:)r rams *-ich wfjqjlre a Firlam.-iot Guarantee. The F-Mnciq,! Guarentea -,siuroty) amount 16 cuantified in Pie ap-movec. Engineer's Opirio- $, cow. Swelty forma` car-,, oe Letter cf Cedit, 04sh D;xasit ur Ple,orn, ance Bond (Subdivision Foanat). Sorety is-.aj!red pdortC iSSLB!,Ce VIVirly pbr011S from, the Suilding Permit Department. -25)DavCo4ar w1il be required to contribute fu,,7jds -,-or Na futur-a signalizedion at a' applicable intersectioris,t1hia wl-.Il b-a re-qu3nod pr or to Buildina perm- -it issuance. i will L equ-'red to contribite funds tuwwrds the City's US Gpou' -icaJon, �;,bevetpe- -e 7 project, tlis w,,11 be. req4ireclp;,ior!o Building Derr-rilit issuance. Jnc 1-nodification of all Previous agreern Q207 hot a re=rded Fiat bc.sublonitte-cl, ,,I.�Own ot, Ihv Wal 28,That a prixosicri is -made witnin tha Property Owners Association cor-urne-l's that obs*=1.1'ons which would restrki vehLcular access to the tovmhcusn rare-ces ;such its stulage are prolnijbit-ed, B-14 7280780v13 EXHIBIT "C" m n n m m - v - p � r m -+ K FE'3EWsL HWY[NE 6th z -o n ............. lf co 3E 1•' 1- ,F' 'i:�Cam_ 1 PC L-73 i M. _ COIN,r V` i CD se Z!5 a _ r cn 7280780v13 C-1 x m co) .2 ............ ... r 0 N.FEDERAL HWY (NE 6th AVE,) C-3 C, > ca z CD r A -T— -7j F= ji. L il, < cn I ...... Z. cn L ---r- 7— A M JOH AVENUE � m .. ......... - C 0 C/3 L2=1 I k 4 1 1 C/) 1 r- 0 CD 7280780v13 C-2 m .', • --- ��1 ♦f �i,''�slir-,!I.+•I�t 1 \I IE 1 1LL1 t ............... paw .•yi a. s'L!m • �•e, ♦ti��sr> s rir • cam• , NE CA 1 17 CID �E r C h -- m ` w i C y a XI A ,► r �:r i4 i• R� 'y n Wn 3 �2 O -n z Z w to ' 7280780v13 C-3 EXHIBIT "D" TREE RELOCATION LIST Atlantic Crossing - Site Tree Inventory pfqn; Urrarar,Nam swaKewam Rduumursib 1 or ba My Land 1.8 io 10 10 4 IMA6, Gwy 12 for w pwh�, s•simi Immy PO4 12 15 5 5 54 10 No, f hi.?i U.%ql pAl fit. 12 .:0414 ::i SAal P i`mt;-s :2 12 5 chuhns allvii 2.,rrdmi Q3 '6 16 16 4 ME .1 cedut-gip Ain Mil i 0 �,a 0i.:. QVIS VT VaUs 1140 4M G 2 irur.�i�i q 1 MUMS Kim MAI Tac 4 4 i13 'i �oj ryber 311 qmwwd,4 w I sak 004040 is 012 9 mi" 21 1 CM 4j "t, 13 1.2 -.1 21A Qwshos a is 1 Q 22 P--flm 5 12, 10 2 mh 23 1 UWE&:!r SAW 01MV) 20 10 2z I CkLiq-,?ah-- $t-,Li knob ��abbayw PI&I sent ci mesa 15 16 T U."As 14 10 10 JCabi SAI 1140 16 P 6 12 10 34 cabbe Q! sab il ito 1,2 6.3 10 31 1 CAM 30 lei lui?pko 12 29 10 11 0 7280780v13 Atlantic Crossing - Site Tree Inventory Pill* hase �am xa Nam 7 mon Name DPA S, PIC* 3 oil- en Per 34 P6 �A i(11, C 8 2,4-rat" fa `,hr,Orvas Palm- W i4v,'R&a�a 41, ,) Y,.! R. 42 nT-.'I%:,i 201 10 4,4 44A peih 21 4 2`1 5 V'PIIIJR� plc. 46 1 �rI r.) ., 01, #4 1 01"U L 5:0 S%.,I jt% JRL-tber 46.ly V I TWO Pr:.4y rx, pour 54 4 ci;bbp.i'c!P::',)I ij 40 ,ii i 4 1 ia i ravdLq 4F SL Fi '0.1%V to. V,L.7;1, p,, r 63 64 &?(k 7280780v13 D-2 Atlantic Crossing - Site Tree Inventory PLAV#I Corp.mlin,H IS-MMMO game- 01"',i Ht4fi en r."',,JVbserved Condition Reiocaminr,�pc- ]Nawcm J... i4 V f:q U P,- vh Yf "r-lory.f.m" w -,�k ir O . L 4u� 0� 'ic: •ret mia -10 7 s t+1J. r, Yr Yes -r,Dalai 10 CC e.9 .us i,'jA 1. v Z-" 4 DbW�Q---�Pahi siah caimp-l"FC. 6 12 10 5 e r.Y a tn r O'Maria.,fleti -5 10 5 ujor Syaq-iw row u-m0e.4 r v".!Pah j8pg.ij6 1.1,n1--.-off1w,-a I F3, r 7280780v13 D-3 Atlantic Crossing • Site Tree inventory t"i KVI PRYNbserypa Condition Reimie on site .;Ipqi 4: Phase Commew Name Mawpwl Name M. L2,% poor Y';�P US t; r n FV n, --Q! p u fir ijJ 5 C 9fi 10 ! 14 S-8 Inks k;:, k?4, 3 1 0, i 46 n�min,Palm. 0 P0,pil Palm a 26 106 F%I o I Ca I I-n I 1Y..1'fin P;lr,,' f ai Yes RV,410 Palm. 14 t4' --a"!r Yes PUal; 1,114�;Al rn %,NM r-MI M. 1 10 fa� YCS J�J�ir Nino "t, Re# 'I%,CjA P41;11.i Rki ;,�I fp.g!i y Yali — 2 P6 Im NA 7280780v13 D-4 Atlantic Crossing - Site Tree Inventory pi.;6z' P11*0 comnon Nain? FF'nlonical Name DBHC) At!') S?R."-1f)bservedCmdidon Rle.'v'�&Lvllsap; I I I wiz City U;it 2 Y'-A 1!ti' 'Al YES 41• -yes —5 R. P.4 r, "'es 14 is V U-ijo rj!%-j�r j!,rr-J.--!a 5 2.4 V S�va-nu� iil I, fj rt U!-.-,f LL 4-4 1G i ur'n 3 Trurvil 7rpo 40' d ;i wo's " 'I 2 t C h Pot S a ba 1 -2 j.Ti q 18 SAW i 57 4 iwN, j. In Jabal ri;'jiyw Z, '42 9 14' i6j;01;P 13 4t+ 25 401 i 4 1 ..pern 4 n. d v` i fl-I nis i Pahl' 10 10 I�'i4.rc-...1;G Yes .'t. 1 Y;� t4-',U 2 Rou, a V' 141 'P" "'I" 'r •I 7f 0: Pk'K P, ;hoo Y, les; 24 5 2 14A 2 ';Dfupien Pplol uij7iv�ftir it L Foxoil DA bif, 1,fO i .2 yes 14 IFL Foxtail Palm YLI 4 ,.17 4 1 2 v ts PA'i K 728078003 D-5 Atlantic Crossing - Site Tree Inventory SPRAIObserved Condifion P,12,01 7hm. lCani-wrotwo Haunica'I Name Aw 144 -.1 ]Notes Of w Ciro tan{ 20, 2 16,e Oak 4 punru"is di iz. Yes 4 Ul A i 40 4 Wall,F"Iro 12 yes 6 2 i OL 6 itf 1U cr 1 n 5�;, 2 xa 0 Pad i 15: 3 rks IN Vas Rwaii 3 irunkrl YES Fox:-c-! r L. 2, P r. 114 15 it 'llot lcaitia;Pairs 114 11 udl, is 21) Qi 4 -X Quta l Palm 14w.; !aa-if' •ILI 5,al'i;j L-�,qf vi'-Abr;11:0, 4-t 4 d!a: 12 19 7 a PAP pawl?Oc- Pj X -NA!ffer,� 4 Sif la 7r 42 r J,C•W104, till. 5 y 728078003 D-6 Atlantic Crossing - Site Tree Inventory IPM I Phase Ommon Name a oa a ai 0 t-;Tx i Dsv; 4,.: Observed Condition ;Notes zf ms C4,Lnj i PUZA 2 G.1,3 ul co k-44,C 5 i 0 6 2D 2 ria3 1 Hur1:r,,;R.,-!,,-Fdk,i Vl i e 6..0 f i i A a A A)an e Q, 'Yu 137 11.4 n P-ii. ".!.:2 P.-4 89 ip 1 12 3 Nl� ,K4 Alin t� C e. b r`f" ntal .2 4. 3 U 0, x Y. PARK r 'ru A Pow r�(.4 Oam 41 Q eep.Palm Zya r4 1'0, 8 2r ®r -,- I r-,;,6,u yp i is 1 o A fPW'!i fY Ar-,:j P41ry Uyvsri 6 pxir 5 Qu-1 riNi,,n S jq,f,,j s r iii i ei,ia P,C,or "Sp Fla. l fi;;ina 10 poor 11; agro roman; iwla 5 1� 10 rx)o r afla pai L 4,u 2fD7 3 koxt;0 PATI 11-A- Ye-z' 4'V hlf to 41. 41 5 Lr-rj .30 Yes 7280780vI3 D-7 Atlantic Crossing - Site Tree Inventory Pal 1'.ase Common Name Rommiui Wnu v",.r-. Rul SPRI'110bserved Con&Dn Rekt.1te-em site Notes of to C ky.4-4 12 "4 tiell rn i5 dr, "a ni 20 tt alha.� ii Brr,---ioV Ual, 0!: 3 L A:0411 PARK 12 40 10:;t Ou 10 ILA 1 Qmpfllcus VIK,111 'ain x �N x PARN -V U. E 16%0 e 6u;.-.,*,j.ij lb!xe,las 44 3C1 Palm 232 ck,h-];;ophn S.4 1 I?;;" ii.0 18 S.1`! W�Dillj LINO-iv t"(1 r� P-Am Sab.�i 0 111 Lw Ou. NORTH PARKING AREA Mt 4�7 C CNL'F A -.-.;- 4 N 5N I ubsecfli 18 20 2L SS i7 3t. 02 .3 1 ' 1 '-,5 7280780%13 D-8 Atlantic Crossing - Site Tree Inventory ma; W`lswa Corm-nmqw-i haunkal Sam Pahiu-tansiti, i I I ormp OIL;a 1 ON, 1 We E . 11 VNI — ' Pi.0 7aoat,-o.,j twwwhL.In 4 12 12 121 1 Pit M 12 2- 12e 2 m;1b.: 16 3 K, 14-N I ast ties Wyly Howu TANsh 2 26 2 Oumdd rz, Sol!;jmm 6 dwW Mqu P1.71 SEA Poo-..0 9 'i Z RN 1 15 - I I N 12 12 M WN i Wet 14Z VwqV 0 swwl� 214 Z 20 12 OL TOO 2(, I Tok!V fis M6: U11' &Wk Mglli E 1 20 .:Jf 1 12 5. 15 14N 12 25 F- 20 At.moqwy 0XV4 me qwk u EE 7280780v]3 D, EXHIBIT "E" RECORDED CERTIFICATE OF UNIVERSAL APPROVAL EXPIRATION DATE (OR BOOK 24711, Page 7) (SEE ATTACHED) 7280780v13 E-1 OR SX 74711 RU 0007 SSCMRD= 004-2W2IIl 12.-Wl.-53 PRJLIP ftoch County, FILaraidu wid miwv ra- MIT 1.00 5b- R. Book.CLEMX E;CMPTRM.LER R.ar"Mn Sir,,-U.Ear, MW; tlpg) Be&*-I-'krs& L%-.'iro w Ne xl,,I-W4 J-&33444 0NWJKFtS-0kL Al"PRI)VAL VXPIRAll(Al% D%TE &e :tC%Ckl',7-0 ra-tic:; w-d the C iTy x DeLl-,;y BC7AC L r.-O 1y I J A I- L C;: I fully .7xer.I]*,,-a Ovwv r!erl-c—" Aqgy m,cnt k"A wrcm r.r'. *) krr g WR 2 461!2. Pc L. 122i;. lb,it. PC,:-c:1;'.- ee IM Be AW'l UCV-j-.3 jf5 Yiand_%G;j j ajy.&'J).:�[".1.;;fjj VVT-MRF 41:,�,4 tic,FtffwcIF -,-)Ljw&:-117 0 n .Ar'..oar.;:-:If '4 t�� q rj��-�rq��Zhfl »liv JMC!a.'dvmy k-Pf?j �&Lr tf--,-Agmkirent hai- . .ell eccoWe'd ny the z7.11dL, U'td 4-rrcy pm?7j-.lnt -c' WHEUUdAS. Jv :" i�iAr.wftho�Ac, tm.at -.'hat%I" ;,:C d Ajsor.+.41 1"'r ll,. haft j Ualwcr-.,,� A;prmal -)..w -wrtim"um arlid &-lip", v-v.• Y- ' ro-t th•- ;-J'L'irii. D .7v thu -"jrdadlFv of-b-F 4rzr-'-.S.NiPc cd'U-ni; Appr".ra; E.'.Pllakr� D-Alil ir 1.fte Pob. Pt:h.�-rds at Palm Beacli Cuuny.Wm dj. NOW. ':HUWNOXF. •he Ciiy of tMtxe Beach h-zXC-bY kl�1UF& J'lbi Appruval Lymitatior.DA*e-�-=iinuingl-4i*144 A-y%zvoka'4 ;hv Yrl"ect srj.tll ,he.Stk.-Live Deu6 whick dam 6 ht�p J-N Wn%Lss Vlrj:7U.C•.-F,,ho pAnj e,s h t cr4jo hA ar, 4 -J--'. 4.16 y0i'r.'t- -*vvwwr ven. ab.ms 4-crili�ate$Ain rxi L2 crs.'QW'.; "ATTV&7 N-al 7 r- v DEVZUNT R P•1 tUff lei LktO! I lll-N-i-,zd Aw 1� Boot 247/11/Paqt;7 Page 1 cvf I E-2 728078003 EXHIBIT "F" HARDSCAPE AND LANDSCAPE IMPROVEMENT PLAN FOR BUILDINGS I, HI & VI (SEE ATTACHED) F-1 7280780v13 Exhibit F illYl;:w III 7i ......_:.�" ;T'F Atlantic Averkue ��E ;-K t J z z Plant Kay . 1•r 'IM1 ;'.3�1-ll:ccr„ar:l,lJ 17 _. !iV anx.i�.-r:...'. r .rN•,...,.,.:....lr•r.i 'x: E�. •l.,'.'1k nll:. w,C.MI'.'�•.'IA:•::JY.N .. n,rprk •11;•.l,z:r. • .Ma ,:LLw. i an.try:t„ d='F:th.M •1, � .. ...Y:•E--=a•ht••'T•ip:►^IY':^lYuRiuh•. 0 Mr.Tyr':{',!XA�d.'•if•.:: ..M..alw •..ryy. Federal Highway Beautification Building I - Atlantic Crossing 7280780v13 Exhibi# -3 .� ! ? , 0'_; All- I::1:. • s� � ;fir':�, 1 ��r�•�' yy i ,I �I cmu Plant Key J L4 6P: ':rr,dHall:"1•.'1=:.,[-r'ir.'- 1:: ,.£J� Ht ,,. 9A �A--s nt•vr.T t',i..r.l1.:� �r3+.,F!.:�.•j,* +'R I•':w Ilira^.Dr+,Pf•-. r-V a,era._' =zl4w:,c e;•:ffirm., +?71�t,d-�rsrt;r i.,,.LNM,;',s-1 p,.., o r,F �yslpmxi�l•rtlF+rkd��+f+ .h. G•_,y;.bku:-.L ,^--r. •.,ID.A.,Y...,r,:PI..'Culd::.. r'.(:J:�CiN't•ti 5 YR.t::1'•U S-c•::-ik;'.D4':ii�r If.=::i ryGT.."�fl�A0.• Federal Highway Beautification Building III -Atlantic grossing 7280780v13 r� Exhibit Ld plant Key ( G�nl:.l n I .r►r. NYc—. .)I:•I-- ,.4c'1'9_I.I tl .'.Aei :f]D � h v:.F: -cr,wlr^---.I 1 .; la.�'•'Gkl6Br.:r.+,al•.'aoiah,il'Y..... rm vy1 ub:[trc !1:: �.y C..s?!.tLk rrllll'r•-'(.nJu.-�.•' ._, 'ta n ..: u�U tak 01 Fr::,.�cill;r.;.•.-_ tr,•,I.,1w••i":4ivc,:�l�iP-nFi� A ly,. Ilci•.-fR:a�'�,.rllh.:^� ••'11iy,KYr4;�a 1r'-[t! Jv Alsl it+r5 WI!Jdl'-.Yf'.x 2su ll;e 1 y' '+ �, N>• N'c•c v'Iw'r:f 9.,R::o-:ia:�•a.J ` L ;y; fv:o':•y�r..�r.tiullJ:' rwPllrrordr,g- F,a•VILC�I.,rfLJd PaM• .I I� _.. } cl 'r, WIL`1"�lagari!::IY')N5:'::nIC'1-Yr '12'u:.1T.: I+" tu Ga.r Galt :..I.,- ••Ybv'.IU lte4 c+ �."{,..i0e" R"ry 1.vy 1.I1Slw. :.II,; k 1 �•� I I•::sT1p 3 3 z7 a It u•:-�1 uArlro,III --- Federal Highway Beautification Building Ill -Atlantic Crossing 7280780x13 EXHIBIT "G" FORM CERTIFICATE OF COMPLIANCE (SEE ATTACHED) G-1 7280780v13 This instrument was prepared by and should be returned to: Stanley B. Price Bilzin Sumberg Baena Price&Axelrod LLP 1450 Brickell Avenue, 23rd Floor Miami, Florida 33131 CERTIFICATE OF COMPLIANCE THIS CERTIFICATE OF COMPLIANCE (the "Certificate") is issued as of the day of , 20 , by the CITY OF DELRAY BEACH, a Florida Municipal Corporation, whose address is 100 NW 1st Avenue, Delray Beach, Florida 33444 (the "City"). WITNESSETH: WHEREAS, this Certificate is issued pursuant to that certain Amended and Restated Development Agreement, dated as of , 20 , by and among the City and CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company, CDR ATLANTIC PLAZA, LTD., a Florida limited liability partnership, CDS FREECORE LLC, a Florida limited liability company, and EDWARDS CDS, LLC, a Delaware limited liability company (as "Owners and Developer"), recorded in Official records Book Page , of the Public Records of Palm Beach County, Florida (the "Development Agreement"); and WHEREAS, the Owners and Developer are required to demonstrate to lenders and other governmental agencies and third parties, from time to time, that the obligations and requirements imposed by the Development Agreement have been complied with and satisfy the requirements of the Development(as defined in the Development Agreement). NOW, THEREFORE, in accordance with the Agreement and in consideration of the sum of Ten Dollars($10.00), and other good and valuable consideration the receipt whereof is hereby acknowledged,the City hereby states the following: 1. The foregoing Recitals are true and correct and is incorporated herein by this referenced, as if set forth in its entirety. G-2 7280780v13 2. The City hereby acknowledges and confirms that the Owners and Developer have fully complied with provision of the Agreement which requires [Signature Page to Follow} G-3 7280780v13 IN WITNESS WHEREOF, the City hereby executes and delivers this Certificate as of the day and year first above written. CITY OF DELRAY BEACH, FLORIDA By: Name: Its: City Manager or Designee STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , the of the CITY OF DELRAY BEACH, FLORIDA. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment 7280780v13 G-4 EXHIBIT "H" ESTOPPEL CERTIFICATE (See attached) 7280780v13 H-1 (INSERT CITY OF DELRAY BEACH LETTERHEAD) 20 Attn: RE: Estoppel Certificate To Whom It May Concern: Pursuant to Section 38 of the Amended and Restated Development Agreement ("Development Agreement") by and among Owners (as defined in the Development Agreement), the City of Delray Beach, a municipal corporation and a political subdivision within the State of Florida (the "City") and Edwards CDS, LLC, a Delaware limited liability company ("Developer"), dated , 20 and recorded in the Public Records of Palm Beach County, Florida at OR Book , Page , the City executes this Estoppel Certificate and certifies, as of the date hereof, as follows: 1. All terms not otherwise defined herein shall have the meaning set forth in the Development Agreement. 2. The Development Agreement relates to the redevelopment of a development referred to as "Atlantic Plaza" generally located at 777 E. Atlantic Avenue, Delray Beach, Florida and a parking lot located on the northeast corner of N.E. 1St Street and N.E. 7th Avenue, Delray Beach, Florida. 3. The Development Agreement is in full force and effect. The Development Agreement has not been amended, modified or supplemented except as follows: _(none if nothing inserted — add any recorded Certificates of Compliance). There are no other agreements or understandings, whether written or oral, between the City and the Owners and/or Developer with respect to the Properties, other than as expressly stated herein. 4. To the best of the City's knowledge, as of the date of this Certificate, the Owners and/or Developer have performed all of their respective obligations under the Development Agreement and the City has no knowledge of any event which with the giving of notice, the passage of time or both would constitute a default by the Owners and/or Developer in 728078003 H-2 the performance of its obligations under the Development Agreement. There are no outstanding notices of default given or received by the City under the Development Agreement. The undersigned individual hereby certifies that she/he is duly authorized to sign, acknowledge and deliver this Certificate on behalf of the City. It is intended that the statements made in this Certificate may be relied upon by the addressee(s) of this Certificate, and its successors and/or assigns. CITY OF DELRAY BEACH., a Florida municipal corporation By: Print Name: Title: CITY MANAGER, or its Designee 7280780x13 H-3 RELEASE,HOLD HARMLESS AND INDEMNIFICATION AGREEMENT This RELEASE, HOLD HARMLESS, and INDEMNIFICATION AGREEMENT, (collectively, "AGREEMENT"), is made and entered into this day of 120___, by and among CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC PLAZA, LTD., CDS FREECORE LLC (hereinafter collectively referred to as "OWNERS") its HEIRS, SUCCESSORS, and ASSIGNS, EDWARDS CDS, LLC (hereinafter "DEVELOPER") and the CITY OF DELRAY BEACH, including, without limitation, any and all of its agencies, boards, and commissions, their insurer(s), and agents, (hereinafter the "CITY"). WHEREAS, the CITY, OWNERS AND DEVELOPER have entered into the Amended and Restated Development Agreement of even date herewith (hereinafter "Development Agreement"). NOW, THEREFORE, in exchange for the mutual promises contained herein, the parties agree as follows: RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT OWNERS and DEVELOPER agree to, and hereby do, release the CITY from any and all claims, complaints, demands, actions, causes of action, liabilities, and obligations of whatever source or nature, whether administrative, legal or equitable, whether known or unknown, which OWNERS AND DEVELOPER now have or may have in the future relating to or arising from any contractual obligations or duties of the CITY or actions taken by the CITY,pursuant to the Development Agreement, including but not limited to, issuance of building permits, if such CITY obligations, duties or actions are inconsistent with any final decision(s) reached in the following litigation: (1) Harbour House Homeowners Association, Inc. v. City of Delray Beach, et al., Case No. 2014 CA005287XXXXMB, and (2) Harbour House Homeowners Association, Inc. v. City of Delray Beach, et al., Appellate Division AY, Case No. 2014CA002147, both cases pending in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida (collectively, the "Litigation"), and OWNERS and DEVELOPER also agree to hold harmless and indemnify the CITY for costs and reasonable attorneys' fees incurred in the defense of any action arising from any contractual obligations or duties of the CITY or actions taken by the CITY, pursuant to the Development Agreement, including but not limited to, issuance of building permits, if such CITY obligations, duties or actions are inconsistent with any final decision(s) reached in the Litigation. Counsel to defend any action shall be designated by OWNERS and DEVELOPER, subject to reasonable and timely approval by the City Attorney, and OWNERS and DEVELOPER shall be responsible for the conduct of the defense to any such actions, including any appeals. The CITY, through the City Attorney's Office, shall cooperate in the defense of such actions. The attorneys retained by OWNERS and DEVELOPER, and 80074030 approved by the City Attorney, shall consult with the City Attorney, however the legal defense fees of any claim or actions shall be paid by OWNERS and DEVELOPER. Severability. If any portion of this agreement is held to be void or deemed unenforceable for any reason, the remaining portion shall survive and remain in effect, unless the effect of such severance shall defeat the parties' intent as set forth herein, with the parties asking the court to construe the remaining portions consistent with the expressed intent of the parties. Entire Agreement. OWNERS and DEVELOPER acknowledge that OWNERS and DEVELOPER have had an opportunity to consult with an attorney concerning OWNERS and DEVELOPER'S rights and obligations. OWNERS and DEVELOPER acknowledge that OWNERS and DEVELOPER have had sufficient time and opportunity to consider this agreement with the CITY, that OWNERS and DEVELOPER have read this agreement, that OWNERS and DEVELOPER fully understand and agree to its terms and conditions, and that there exists no other promises, representations, inducements or agreements related to this agreement, except as specifically set forth herein. Furthermore, OWNERS and DEVELOPER acknowledge that this constitutes the entire agreement between OWNERS and DEVELOPER and the CITY. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 80074030 IN WITNESS WHEREOF,the City,the Owners and the Developer have caused this Agreement to be duly executed as of the day and year first above,,ATitten. WITNESSES: OWNERS: CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company Printed Name: By: CDS Group Holdings,LLC, a Florida limited liability company Printed Name: By: William H. Milmoe, President WITNESSES: CDR ATLANTIC PLAZA,LTD., a Florida limited partnership Printed Name: By: William H. Milmoe, President Printed Name: WITNESSES: CDS FREECORE LLC, a Florida limited liability company Printed Name: By: William H. Milmoe, President Printed Name: 3 80074030 WITNESSES: DEVELOPER: EDWARDS CDS,LLC, Printed Name: a Delaware limited liability company By: Edwards Atlantic Avenue, LLC, an Ohio limited liability company Printed Name: By: Jeffrey W. Edwards, its Manager 4 80074030 CITY OF DELRAY BEACH, a Florida Municipal Corporation ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to form and Legal sufficiency City Attorney 5 80074030 loin 111111111118111110 CFN 20110282432 OR BK 24662 PG 1975 RECORDED 07/29/2011 13:17:58 �} DEVELOPMENT AGREEME a Beach County, Florida ron R. Bock,CLERK i COMPTROLLER BE� Pon 1975 - 2003; (29pgo) CITY�OF_DELRAY BEACH,FLORIDA CDS DELRAY REDEVELOPMENT LLC r and CDR ATLANTIC PLAZA,LTD. T111S 11 OPMENT AGREEMENT("Agreement") is entered into this.2 day of n2011 (the "Execution Date"), by and among CDS DELRAY REDEV LOP , LLC, a Florida limited liability company, with an address of 645 East Atlantic Avenue, ;y Beach, Florida{"CDS Delray"); CDR ATLANTIC PLAZA, LTD., a Florida limited li ', arinership ("Plaza"} and its undersigned affiliates (collectively the "Developer Parties",.`' the CITY OF DELRAY BEACH, a municipal corporation and a political subdivision o ' 'Ste of Florida, with an address of 100 NW Ist Avenue, Delray Beach, Florida 33444(" WITNESSETH: WHEREAS, the City w to encourage redevelopment of the properties currently surrounding and including the e tu� development referred to as "Atlantic Plaza", generally located at 777 E. Atlantic Avenue( olivtively the"Properties");and WHEREAS, Developer Parties- the fee simple title to the Properties as more fully legally described within Exlublt'•A" a, hed hereto and incorporated herein;and WHEREAS,the City approved a site plan and various entitlements for a mixed-use project (the "Project") on the Properties, as identified within Exhibit "B" (collectively the "Approvals");and WHEREAS, assurance to a developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing.. assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning,and reduces the economic costs of development; and WHEREAS, the Properties are designated Commercial Core in the Comprehensive Plan, and zoned as Central Business District in the Existing Zoning (as that term is defined hereinafter);and WHEREAS, the Developer Parties and the City mutually desire that the Properties be developed as permitted in the Existing Zoning,the Comprehensive Plan and this Agreement;and UTEXT MAVFatlantic plus dew a`t NO weraon 4.22.11 dw Q....1�7AGG7/Q......4A7= 1 WHEREAS, Section 2.4.11 of the City's Land Development Regulations authorizes the City to enter into this Agreement,consistent with Chapter 163,Fla. Stat.;and WHEREAS, Florida Statutes Chapter 163 specifically provide for and authorize local nunents to enter into Development Agreements;and `;IiEREAS,the City has conducted two public hearings prior to entering into this Agreement, on ufy @Ol I and on July 19, 2011, both of which were properly noticed by publication in a newsy{�of general circulation and by mailed notice to the affected property owners, in accord' 6e Xith Section 163.3225,Fla. Stat. (2011)(the"Adoption Hearings"). NOW, FORE, in consideration of the mutual covenants and agreements hereinafter contained, es mutually agree and bind themselves as set forth herein: Section 1. �, The parties hereby agree that the consideration and obligations recited and provided under this Agreement constitute substantial benefits to both parties and thus adequate eonsi�,on for this Agreement. This covenant shall be binding upon, and inure to, the benefit 6" parties, their successors, assigns, heirs, legal representatives, and personal represent' ; 1` Section 2. l�§� egal_Construction. For al l purposes of the Agr { 1 unless otherwise expressly provided: (a) A defined term hs�meaning assigned to it; (b) Words in the singulzude the plural,and words in plural include the singular; (c) A pronoun in one gen lA udes and applies to other genders as well; �r (d) The terms "hereunder", "hereto" and such similar terms shall refer to the instant Agreement in its entirety and not to individual sections or articles; (e) The Parties hereto agree that this Agreement shall not be more strictly construed against either the City or any Developer Party as all parties are drafters of this Agreement; and (f) The recitals are true and correct and are incorporated into and made a part of this Agreement. The attached exhibits shall be deemed adopted and incorporated into the Agreement;provided however,that this Agreement shall be deemed to control in the event of a conflict between the attachments and this Agreement. Section 3. Definitions. All terms shall have the same definition as set forth in Section 153.3221,Fla.Stat. (2011)unless a different definition in used herein. "Agreement"means this Agreement between the City and Developer Parties. nXTex•ruaiArrajamkFwadcvopm� I.IQx: i.ao 2 M D.-%,%1�7A&&")10,-% ...1 n'70— "City" means the City of Delray Beach, a municipal corporation and a political subdivision of the State of Florida, and all departments, agencies and instrumentalities subject to the jurisdiction thereof. "Comprehensive Plan" means the comprehensive plan adopted by the City pursuant to °Chapter 163,Florida Statutes,which plan was in effect as of April 21, 2009. �ancurrency Requirements" and "Concurreney" mean all those requirements r sed by Section 163.3 180,Fla. Stat.,in conjunction with the applicable City Laws as I'�pril 21,2009,but only to the extent that they relate to the City requirements, and the ty re4 y e ly exclude requirements which may be imposed by any other governmental anti �br political subdivisions of the State of Florida, or the School District of Palm Beacrty,Florida. "Couny ans Palm Beach County,a political subdivision of the State of Florida. "Develo m Me the p � carrying out of any building activity, the malting of any material chance ise or appearance of any structure or land, or the dividing of land into three or rnref�els and such other activities described in Section 163.3221(4), Fla., Star. (20]]), development is intended to be consistent with the certified site plan, attached her tad ibibit"B". "EfiFectfve Date" is after this instrument has been approved by the City Commission and record :cOMe public records of Palm Beach County,Florida,pursuant to Section 163.3239,Flon &r, tutes(2011). "Existing Zoning" is (a) thctC's Future Land Use Map designation of"Commercial Core" for the Properties as ok 1, 2009; (b) the City's zoning map designation for the Properties of"Central Busin`e`ssi�strict"as of April,212009;(c) the associated City Comprehensive Plan Goals,Policies and Objectives,Land Development Regulations,and other City Ordinances in effect as of April, 212009; (d)and all Approvals for the Project as set forth within Exhibit bit"B". "Land" means the earth,water, and air,above,below, or on the surface and includes any improvements or structures customarily regarded as land. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local government affecting the development of land. "Property Interest" means any fee simple interest or rights in the Properties. In addition, a Community Development District and/or a master property owners' association with appropriate authority relating to one or more of the Properties shall be deemed to hold a Property Interest. R%TF"BRUWW1,uia Plata AW.W Raul vnaiva 6 42-I Ldoa 3 AGG7 "Public Facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational,streets,parking and health systems and facilities. "Site Plan"means the certified site plan approved as of the execution of this Agreement �°and as set forth in Exhibit "B". The term "site plan" shall also include any site plan P7 certified and/or amended with the approval of the City subsequent to the execution and :rdatof this Agreement. ion lersal Approval Expiration Date" means that date by which all Approvals shall c ively expire, unless further extended, notwithstanding another earlier expiration d �Set`forth in any specific Approval. Section 4. Pumose. The purpose of this Development Agreement is to establish certain cones which will result in the Developer Parties making certain significant infrastructure igvegnents of sufficient magnitude in the City to make the Project both physically and cially feasible and to freeze, as of the Effective Date, the land development regu which will govern development of the Project. This Agreement will provide both pardcirw ditional certainty during the development process. Section 5. InVr�i Developer Parties and the.City intend for this Agreement to be construed and imp ted so as to effectuate the purpose of this Development Agreement and the pu � intent of the Florida Local Government Development Agreement Act,Section i � 163.3243,Florida Statutes(20I1). Section 6. Applicabil _� gal Descrintion. This Agreement applies only to the land located within -the boundai ,s%'of the legal description as set forth and incorporated herein as Exhibit"A". Section 7. Duration and ERM'OTIv'e Date. This Agreement shall have an initial term of ten (10) years ("Term" as such Term may be extended pursuant to this Agreement), starting from the Effective Date, and shall be recorded in the public records of Palm Beach County and filed with the City Clerk. This Agreement shall become effective on the Effective Date and shall,at that point, constitute a covenant running with the land. Pursuant to Section 163.3229,Fla. Stat., the Term of this Agreement may be further extended beyond the initial Term by mutual consent of the City and the Developer Parties, subject to a public hearing in accordance with Section 163.3225,Fla. Stat. (2011). Section 8. Permitted Development Uses and Building Intensiities. (a) Approvals:Site Plan:. The approved site plan and entitlements for the Project (collectively the"Approvals") are set forth within the attached Exhibit"B". (b) Central Business District Zonin The Properties fall within the City's Central Business District("CBD")zoning designation. In approving the Project, the City has determined that the uses, intensities and densities of development permitted comply with the Existing Zoning. The City hereby agrees to maintain and R;%TEXnR lAivWIw*ic plan&v ape Pout v=6a*&MII I 1&a 4 Qe��li7Ar2ja7 I n70 Q^.-ate A r►f On preserve a true and accurate record of the Existing Zoning with the City Clerk and/or other custodian, which regulations are hereby incorporated herein and �j made a part hereof. (c) Density Intensity. Uses and Building Heights. \ (1) The applicable intensity, uses, and building heights are stated in the Approvals which are set forth in Exhibit"B". r!� (2) Downzoning shall be prohibited except as set forth in Section 12(c). Secti4o, t Public Facilities: Concurrency. (a) �A Wid..Facilities. As of the Effective Date,the following public facilities are able to acc the Project(to be provided by the City and/or other outside agencies,as ble)_ water and sewer, streets and traffic; drainage; parks and recreation; operk"pr�ce;solid waste;and schools. (b) .--.—h . The City acknowledges and agrees that during the Tenn of this Ageem Project shall be deemed to have satisfied the Concurrency Requirem - V,:> , (c) Public Ri t ;: a . The City acknowledges that the Developer Parties intend to apply for a to make improvements to SE Oh Avenue (northbound Federal Highwa Highway No. 1) from Atlantic Avenue north to NE I" Street, and to Atlan 'cvenue from SE 6`h Avenue east to the Intracoastal bridge, such as lane width r a5qng, parallel parking, landscape buffers, street lighting, and sidewalk improve (d) UU•lities. The Develo err ties will construct the utilities (water, sewer, power, telephone, gas, cdrainage devices) (hereinafter "Utilities") which serve the Project consistent with the approved Composite Utility Plan required by Section 2.4.3.F of the City's Land Development Regulations. (e) Parking Facilities. (1) In accordance with the Approvals, the Developer Parties will construct certain temporary and permanent parking facilities, a portion of which may be automated(collectively the"Parking Facilities"). (2) The Parking Facilities shall be controlled by the Developer Parties and owned and operated by the Developer Parties. Notwithstanding that the Developer Parties may otherwise sell, transfer, convoy, lease or license the Parking Facilities to third parties,nothing herein shall be construed to release the Developer Parties from the obligation to meet the minimum off-street parking requirements of the Existing Zoning. k+7nX AWANwimuplandev uchWveasim6.22.1:doe 5 Qr�r�L��IL.`L.`7�ann� 1 n7n (3) Construction, ownership, maintenance, operation and repair of the Parking Facilities shall be the sole obligation of the Developer Parties. It is the responsibility of the Developer Parties to obtain building permits from the City for the Parking Facilities. (4) The City hereby agrees to not charge for parking within all roads internal to the Project,including Atlantic Court and 7`h Avenue. (5) Sidewalk Cafes. The City k t� ty a grees areas marked on Exhibit KC"are eligible to receive Sidewalk Cafe Permits as set forth in the Existing Zoning. �< Should the Developer Parties desire to provide Sidewalk Cafes in the ^, Project, the Developer Parties agree to submit such required application(s) to the City hich ty application(s) shall be reviewed pursuant to the Existing o Zoning,subject to the provisions of Section 21 of this Agreement. (6) valet Parking. ;5> The City agrees the Developer Parties may request at least two (2) R `-:,NWet parking stations within the Project. Approval of the locations 'hand design of the valet parking stations shall be obtained from the #y s Site Plan and Architectural Review Board{"SPRAW)before � unentation into the Project. b. T zdntrol and operation of the valet parking stations shall in no way ict with the terns set forth in that "Agreement for the Aban t and Relocation of NE 7'"Avenue"previously entered into the Developer Parties and the City on February 17, 2009. r r Section 10. Intentionally Omitted. Section 11. Local Development Permits. A description of all local development permits approved for the development of the Project as of the Effective Date of this Agreement is set forth and incorporated herein as Exhibit "B". These Approvals, the Existing Zoning,and this Agreement establish the criteria upon which the Properties shall be developed during the term of this Agreement,except as provided in Section 21. Section 12. Pro'ect Approvals. (a) Universal Approval Expiration Date. It is the intent of the parties to provide for certainty in the Project's development process to avoid waste of economic and land resources, to encourage sound capital improvement planning and financing, to de-escalate the cost of housing and development, and to encourage commitment to comprehensive planning. As such, the parties hereby agree that all of the Approvals for the Project, as listed herein as Exhibit "B", as amended, shall have a Universal Approval Expiration Date concurrent with the expiration of this Agreement. The Universal Approval Expiration Date shall be confirmed by k-Re]cnbnUNWJ2MkpW=dev.AV rag vnsialL&U-it.ax 6 non M,%~% 12 ^4: On the recordation of a Certificate of Universal Approval Expiration Date in the form attached hereto as Exhibit"D". to (b) Vestin The City hereby acknowledges and agrees that the Developer Parties �> have committed to make certain infrastructure investments of such significant ;>° magnitude so as to make the Project both physically and financially feasible. ?l Pursuant to LDR Section 2.4.4(D) of the Existing Zoning, all Approvals shall be o considered forever established and the Project vested when improvements set r� forth within Exhibit K " have been constructed and received a certificate of occupancy or equivalent final approval. �r (c)',.. rohibition on Downzonina. }� The Approvals, Existing Zoning and this Agreement shall govern development of the Properties for the Term of the Agreement. The City .may apply subsequently adopted laws and policies to the Project only if a City holds a public hearing and the standards set forth in Section ;3233(2),Fla. Star. (2011)have been met. (2) l to Section 163.3233(3), Fla. Stat. (2011), this prohibition does not�i�oe any rights that may vest pursuant to common law. Section 13. lnte ' ally Omitted. Section 14, cons tru an Bond. No construction bond or bonds shall be required in an amount greater than t ��equired for any given phase of the Project currently under construction. When s` bbonded improvements are completed for any such phase, the bond or bonds sfi �� a returned to the Developer Parties, and post- construction/maintenance bons' }tided, consistent with the Existing Zoning and as otherwise modified by Section Q21-�f this Agreement. As a new phase is to be constructed, arrangements shall be made with respect to the posting of a new bond or bonds for the improvements associated with such phase. Section 15. Workforce Housing. (a) Section 4.7 of the City's Land Development Regulations provides regulations governing the inclusion of"workforce housing"into developments, as the term is defined therein. (b) Section 4.7(1)of the City's Land Development Regulations further recognizes the City Commission's dcsire to establish additional incentives to encourage workforce housing including, but not limited to, requirements to provide additional workforce housing for developments that request increases in height and/or density pursuant to Section 4.3.4(J)(4)(b)and 4.4.13(I). (c) The City has authorized an optional increase in height for the Project based upon the Developer Parties' inclusion of workforce housing, as set forth in the Approvals(the"Height Incentive"). R.%rF.XMRIAntda tPfaude.iypfwlvW,� d•:3•li.doe 7 Mp%pv^ 7 ^-F On (d) Section 4.7.2.b of the City's Land Development Regulations authorizes the Developer Parties to meet the workforce housing requirement by: (i) providing units onsite; (ii) by providing a monetary contribution; (iii) through delivery of offsite units; or(iv)a combination thereof. �• ;>�c) Section 4.7.2.b of the City's Land Development Regulations further provides that r j ON the Developer Parties may meet the workforce housing requirement in whole or in o p art b y providing a monetary contribution, payable to the City of Delray Beach C! Housing Trust Fund (or its successors and assigns), in the amount of ONE HUNDRED SIXTY THOUSAND and NO 1100 DOLLARS ($160,000.00) for ach required workforce housing unit in lieu of providing the workforce housing '-=%tltit within the Project,which monetary contribution shall be due prior to issuance building permit for such phase that utilizes the Height Incentive. (f) herein shall require the Developer Parties to provide workforce housing um the Project should fhe Developer Parties not elect to utilize the Height Inc or otherwise require the Developer Parties to include workforce housing in any kcular phase of the Project. Section 16. ^en c with Com r h sive a and Land Develo went Regulations. The Ci ;: , v finds that development of the approved Project, once the conditions associated ' -the Approvals have been met, is consistent with the City's Comprehensive Plan and(" development regulations as of the Effective Date of this Agreement. The City furtfreby affirms that its Comprehensive Plan and any plan amendments implementing oi" elatd to this Agreement have been found to be in compliance by the state land planning agen4—$required by Section 163.3229,Fla. Stat. (2011). Section 17. Necess"t &4=013dag with Local Regulations Relative to Development Permits. The Dev , Parties and the City agree that the failure of this Agreement to address a particular pE�r-#n` ondition,fee, term,license,or restriction in effect on the Effective Date shall not relieve the Developer Parties of the necessity of complying with the regulation governing said permitting requirements, conditions, fees, terms, licenses, or restrictions. Section 18. Reservation of Development Rights. (a) For the term of this Agreement, the City hereby agrees that it shall permit the development of the Properties in accordance with the Existing Zoning and this Agreement. (b) Nothing herein shall prohibit an increase in the density or intensity of development permitted on the Properties consistent with Section 21 herein. (c) The execution of this Agreement shall not be considered a waiver of,or limitation upon, the rights of the Developer, or its successors or assigns, which may vest pursuant to common law. R`7EXr..8R1A?ft11M k plan den 3%rural verem 6-?2.11 doe A07 M0%#%P% 0 r.-F 7C1 Section 19. Annual Review. (a) The City shall review the development that is subject to this Agreement every 12 /? months, commencing 12 months after the Effective Date. The City shall begin the review process by giving notice to the Developer Parties, a minimum of 30 ° days prior to the anniversary date of the Agreement, of its intention to undertake the annual review of this Agreement. The Developer agrees to pay any reasonable costs incurred by the City for the annual reviews in an amount not to exceed Five r Hundred Dollars($500.00)per year. j, (b -���Aciy information required of the Developer Parties during an annual review shall �S limited to that necessary to determine the extent to which the Developer is reeding in good faith to comply with the terms of this Agreement. (c) If ity finds on the basis of competent substantial evidence that there has been a lu to comply substantially with the terms of the Agreement, the City may termat� or amend this Agreement after providing 30 days written notice to the Devel l' KParties and at a public hearing. The Developer Parties shall be provide jrtponable time to cure any failure before the City may terminate or amend thi Eement consistent with Section 29. Section 20. N � V (a) All notices, deify and requests which may or are required to be given hereunder shall, �t as otherwise expressly provided, be in writing and delivered by person J.rvice or sent by telex, telecopy, telegram, United States Registered or Certie�"Mail, return receipt requested, postage prepaid, or by overnight express deli ,, . uch as Federal Express,to the parties at the addresses and telecopy numbers`l. low. Any notice given pursuant to this Agreement shall be deemed given w eived. Any actions required to be taken hereunder which fall on Saturday, Sunday, or United States legal holidays shall be deemed to be performed timely when taken on the succeeding day thereafter which shall not be a Saturday, Sunday or legal holiday. To the City: City Manager City of Delray Beach 100 NW I"Avenue Delray Beach, FL 33444 With a copy to: City Attorney City of Delray Beach 200 NW 1"Avenue Delray Beach, FL 33444 To the Developer Parties: CDS Delray Redevelopment, LLC R%TL\AS.1ANWhrdie ylaw dew agt Oral wasma O-V,11.dm 9 c/o William H. Milmoe CDS International Holdings, Inc. Fax:(561)278-6930 With copies to: - 7 O Proskauer Rose LLP J 2255 Glades Road,Suite 340W ° Boca Raton,FL 33431 r� Attn:Stuart K app,Esq. With copies to: Weiner&Lynne,P.A. s 10 SE 10 Avenue r Delray Beach,FL 33444 ` J Attn:7efliey C. Lynne,Esq. (b) Any ,�to this Agreement may change its notification address(es)by providing writter�, ,fication to the remaining parties pursuant to the terms and conditions of this sk n c� Section 21. R t Amend A vats. Nothing herein shall be deemed to prohibit the Develop er J bs�froiri p p requesting either existing or subsequently enacted laws, rules or regulations to r ^iEplied to the Project ("Amended Approvals"}, upon proper application by the Develop Ies to the City and subject to the procedures governing the requested Amended Approv at the time of the application, provided the effect of any Amended Approval granted d {*t conflict with the laws,rules and regulations applicable to the Project at the time the app a for the Amended Approvals is made. Any requested amendment to the Site Plan whi — 1 City classifies as a Class I or Class LI site plan modification, or any requested ent which does not change the approved uses, densities, intensities or height for t, shall not be deemed an "amendment"of this Agreement such as would otherwise require compliance with the public notice and hearing procedure set forth in Section 163.3225,Fla.Stat.(2411). Section 22. Exclusive Venue Choice of Law. Specific Performance. It is mutually understood and agreed by the parties hereto, that this Agreement shall be governed by the laws of the State of Florida, and any applicable federal law, both as to interpretation and performance, and that any action at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or federal courts and venue for any such actions shall lie exclusively in a court of competent jurisdiction in the County. In addition to any other legal rights,the City and the Developer Parties shall each have the right to specific performance of this Agreement in court. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Section 23. No Oral Change or Termination. This Agreement and the exhibits and appendices appended hereto and incorporated herein by reference,if any,constitute the entire Agreement between the parties with respect to the subject matter hereof. This Agreement R rUX1'ZkJM%1W1ic Vim&Y.mgt*41 vsnien 8.22.1 I doe 10 nOA Q 4 n .,f 7A supersedes any prior agreements or understandings between the parties with respect to the subject matter hereof, and no change, modification or discharge hereof in whole or in part ��shall be effective unless such change, modification or discharge is in writing and signed by � a party against whom enforcement of the change,modification or discharge is sought. This { gr0eement cannot be changed or terminated orally. .� '�*SRalon 24. CoMliance with Applicable Law and Subs2guently &do pted Laws. Subject to the terms and conditions of this Agreement, throughout the Term of this ASent, the Developer Parties and City shall comply with all applicable federal, state or loo d`aws, rules, regulations, codes, ordinances, resolutions, administrative orders, permits, polici procedures and orders that govern or relate to the respective Parties'obligations and p e under this Agreement, or as they may be amended from time to time. If state or Taws are enacted after the execution of this Agreement which are applicable to and preud the parties' compliance with the terms hereof, this Agreement shall be modified or ked as is necessary to comply with the relevant state or federal laws. Notwithstandin g to the contrary contained in this Agreement, the City may apply subsequently laws and policies to the Project in accordance with F.S. Sec. 163.3233(2)(201 fjt(,Z Section 25. Tai" fi ns. Each party represents to the others that this Agreement has been duly authori ', livered and executed by such party and constitutes the legal, valid and binding obligaf�* , such party,enforceable in accordance with its terms. Section 26. Presuiiig`Q Inavolicabk This Agreement shall be deemed to have been drafted by both the J6clWr Parties and the City equally and any presumptions existing in interpretation hereof Ast the drafter shall be inapplicable. Section 27. No tclusive dies. No remedy or election given by any provision in this Agreement shall be dee lusive unless expressly so indicated. Wherever possible, the remedies granted h&v6k%r upon a default of the other party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default,except where otherwise expressly provided. Section 29. Failure to Exercise Rights not a Waiver: Waiver Provisions. The failure by either party to promptly exercise any right arising hereunder shall not constitute a waiver of such right unless otherwise expressly provided herein. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. Section 29. Events of Default, (a) A Developer Party shall be in default under this Agreement if any of the following events occur and continue beyond the applicable grace period: a Developer Party fails to perform or breaches any term, covenant, or condition of this Agreement which is not cured within thirty(30) days after receipt of written notice from the City specifying the nature of such breach;provided,however,that if such breach cannot reasonably be cured within thirty (30) days, then a A%TE."BAJ AN1.obwa pb=&v alt firW vmion 8.22-1]Av 1 I Developer Party shall not be in default if it commences to cure such breach within said thirty(30)day period and diligently prosecutes such cure to completion. The City retains the exclusive right to determine, in its sole discretion, whether the Developer Party is employing good faith and diligent effort to cure such breach to completion. V* V;�r,s7° V,! � 13) The City shall be in default under this Agreement if the City fails to perform or O breaches any term, covenant, or condition of this Agreement and such failure is not cured within thirty (30) days after receipt of written notice from a Developer ' Party specifying the nature of such breach; provided,however,that if such breach �f cannot reasonably be cured within thirty(30)days,the City shall not be in default tf-r it commences to cure such breach within said thirty (30) day period and eftently prosecutes such cure to completion. (c) ItC> 1 not be a default under this Agreement if either party is declared bankrupt by a ,�of competent jurisdiction. All rights and obligations in this Agreement shall kukk4ve such bankruptcy of either party. The parties hereby forfeit any right r CN to to . this Agreement upon the bankruptcy of the other party. (d) The defaS!jq .$iy Developer Party or successor or assignee of any portion of a Developer ' 1 gbts hereunder shall not be deemed a breach by any other Developer ar any other successor or assignee of any portion of the rights of a Developer Past" ermnder or any other successor or assignee. Section 30. Remedi V mon Default. r (a) Neither party may t*i gte this Agreement upon the default of the other party until the expiration 9�*)applicable notice and cure period set forth in this Agreement and in the bvisd *such termination,such termination shall only apply to the particular party�fault (i.e., specific assignee in default only). Notwithstanding the foregoing, and in accordance with Section 153.3235, Fla- Stat., if the City finds during the periodic review set forth in Section 19 that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or modified by the City. In order to revoke or modify the Agreement based upon Section 19 of this Agreement, the City's findings must be based upon substantial competent evidence. (b) Upon the occurrence of a default by a party to this Agreement not cured within the applicable grace period, the Developer Parties and the City agree that any party may seek specific performance of this Agreement, and that seeking specific performance shall not waive any right of such party to also seek monetary damages or any other relief other than termination of this Agreement. Section 31. Sevmjility. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, hereafter be determined to be invalid or unenforceable,the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held R 53EX BBRLANW kwk plus Acv.agi liml vwlai 6.22.;1 dx 12 invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. r'�' ? ection 32. Ass nment and Transfer of Development Rights. f>°(a) In accordance with Section 163.3234, Fla. Stat. (2013), the burdens of this Agreement shall be binding upon, and the benefits of the Agreement shall inure 0 to, all successors in interest to the Parties hereto. Cam' \ A Developer Party (or any Permitted Assignee as defined herein) may, without the City's consent or approval, assign, in whocc or in part, this Agreement or any � f its rights and obligations hereunder, or may extend the benefits of this t'_Aveement to the following persons and/or entities; (# To any holder of a Property Interest in which the initial Developer Parties for any of them)hold, directly or indirectly, no less than a twenty percent ;� 0%)beneficial interest; (2) -Master association, or any sub-association formed for the purpose of �U— property owners' association of property within the Project; (3) To ender as collateral in connection with any financing of the devel t of the Project; (collectiv a"Permit#ed Assignee"). '1 (c) Any assignment of d AAart of this Agreement to any person or entity who does not qualify as a Perm assignee shall first require the prior written consent or formal approval of tl `it which approval will not be unreasonably withheld, conditioned or delayed.M% assignment in violation of this section shall be deemed void and ineffective as it pertains to that assignee. (d) All assignees shall assume, in writing, all applicable rights and obligations under this Agreement, and deliver a copy of such assignment to the City upon its execution,as a condition of assignment. (e) Upon assignment of all or a part of this Agreement, the Developer Parties (or Permitted Assignees, as applicable) shall be released from future obligations under this Agreement with respect to the part so assigned except for liability which accrued prior to the assignment. Nothing herein shall be deemed to release any liability of any Permitted Assignee for so long as such Permitted Assignee shall be bound hereby. (t) Notwithstanding anything to the contrary in this Section, in the event there is one or more assignments of a part or parts of this Agreement, a default by any party to this Agreement with respect to the part of the Agreement then held by such party, shall only constitute a default of the Agreement as it pertains to the defaulting assignee. p•\�pXIViR1Ah1xW¢zplantdev fneai VM a+&-n-1I die 13 1 007 1 4 (A Section 33. Intentionally Omitted. Section 34. Lack of Agency Relationship. Nothing contained herein shall be onstrued as establishing an agency relationship between the City and any Developer Party % d neither any Developer Party nor its employees, agents, contractors, subsidiaries, Visions,or affiliates shall be deemed agents, instrumentalities,employees,or contractors of � q)Oty for any purpose hereunder, and the City, its contractors, agents,and employees shall snot 4sleemed contractors, agents, or employees of any Developer Party or its subsidiaries, dig` s or affiliates. 4 Secti Intentionally Omitted. Section Enforcement. (a) event that a Developer Party, its successors and/or assigns fails to act in ante with the terns of the Existing Zoning, the City may seek any relief or reme"which it may be entitled. r(, (b) Enforcb of this Agreement shall be by action against any parties or person violating, 17tempting to violate,any covenants set forth in this Agreement. (c) This enfor f brovision shall be in addition to any other remedies available at law,in equity : th. Section 37. Amen 1 r TeM2ination by Mutual Consent. This Agreement may not be amended or terming ' , uring its term except by mutual agreement of the Developer Parties and the City and as othe consistent with applicable law. Section 38. Intentionally"Ved. Section 39. No Third-Part `13� fici . No persons or entities other than the Developer Parties and the City, their eirs, permitted successors and assigns, shall have any rights whatsoever under this Agreement. Section 40. Couriftarts. This Agreement may be executed in counterparts, each of which shall constitute an original but all of which,when taken together, shall constitute one and the same agreement. Section 41. Governmental Functions. (a) Even though the City has certain contractual obligations under this Agreement, such obligations shall not relieve any person subject to this Agreement from complying with all applicable governmental regulations, rules, laws, and ordinances. (b) To the extent future approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights with respect to such future approval requests. R,%THX U1R1A WbW V y1 U x.,p&W reM104 6-22.11 dot 14 nOO -1 A P%-F 7A (c) The City has not waived its sovereign immunity and the limits of tort liability set forth in Section 768.28(5), Fla. Stat. (2011) of $100,000-00 per person and 5200,000.00 per occurrence shall apply. 0 (d) Any future action by City shall be without prejudice to, and shall not constitute a limit or inmpainnent or waiver of, or otherwise affect City's right to exercise its Mfr discretion in connection with its governmental or quasi-governmental functions. n 42. Intentionally Omitted. IN TESS WHEREOF, the City and the Developer Parties have caused this Agreement t"e 041y executed as of the day and year first above written. WITNESSES: DEVELOPER: ) CDS DELRAY REDEVELOPMENT,LLC, Pole a Florida limited liability company By: CDS Group Holdings,LLC, t ') a Florida limited liab' ' pany Printed Name: By (�( William 1.1, Milmoe President WITNESSES: ' j R ATLANTIC PLAZA,LTD., �. rida limited partnership P By: Delray Historic,Inc., a Florida Corpor , ' s sole general partner Printed ame: B illiam 14. Milmoe, President WITNESSES: CITY: o CITY OF EL Y BEA Printed Panic: Florida unicip Corp ation ted Name: Nelson S.McD-Uffie,Mayo •"'''•'� ¢''' mod as to loan and At gt: ':; , • r '� .h _•_""i� By: •r ` City Clerk `5••� is - r. ^f On List of Exhibits "';>°Exhibit"A" — Legal Description of Properties �` xibit"B" — Description of All Local Development Permits Approved for the Project(the"Approvals') E "tt"C" — Approved Sidewalk Caff Locations Exhlit °D�" — Certificate of Universal Approval Expiration Date Exhibit — Improvements Required for Vesting c C �r. L1TEAlW AMuhMit pL=Acv.V find wlion 6-MI 1 f!s 16 EXHIBIT "No Pik r�.f ALL OF BLOCK 116, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, LESS THE SOUTH 7.0 AF, THEREOF AND LESS THAT PORTION FOR ADDITIONAL ROAD RIGHT OF WAY N.E. 6TH AVENUE (U.S. HIGHWAY NO. I) AS RECORDED IN ROAD PLAT BOOK GE 210, ALL BEING RECORDED IN THE PUBLIC RECORDS OF PALM BEACH CL1Y,,FLORIDA. f,� TOGL� R WITH: v` THAT VN6N OF N.E. 7TH AVENUE ROAD RIGHT OF WAY LYING EAST OF AND ADJACEN UILOCK 116, TOWN OF LINTON(NOW DELRAY BEACH), ACCORDING TO THE PLA THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 3,PUBLIC RECORDS OF PALM BEA*OUNTY,FLORIDA. rcl�i AND: ALL OF THE PLAT O�k�TIC PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT Kft 50, PAGE 129, PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. CONTAINING 377,004 SQU , � ET OR 8.65 ACRES MORE OR LESS. r QnnIi7AL.`L.`7/�.,.•..-.7 nno 4 0 �-F 7A EXHIBIT "Bly r,17) \l.c, Exhibit`B" �\ Description of All Local Development Permits Approved for the Project ft be te Pisa V, �, AC�rtiked Site Plan-Approved ➢ C nal Use for Height-Approved 1219/48 by the City Commission ➢ Aba ent and Offset Waiver-Approved 2/I7109 by the City Commission 9 Site d Waivers—Approved 3/11/09 by SPRAH;417109 by City Commission Valet Parkipaations f ➢ Valet pa as been approved for use pursuant to Section 9(e)(6); the site plan for valet par ' e approved,is incorporated by reference into this agreement. . l EXHIBIT ANCIN z - „ ����i�i���'?> �"V"fit ,����. wA\:.�+� •��iu�n�.�.a?.:3;�v .a�t • fad _. -- - � �•� ti�^��,. � �u���-'SR"ZVC YC2321iC'tt�'a.4YiYt: a(fi� eta ����ad's •• •� y SOe rJT C St o"C4 1 A! 11 11 Bill IP Ta" [awl Iva *MIMI ! Y� i- ` RYA 4 mass I F-:, `�`W�i�lC�i1�„ 'b�Ol•.L�?R�'(_�tiVb.�l\<:.��4F 1�'�'ti\�'�.io'R'b"A..ZY �. ! ti `\ - t R - ��hi� �r r ��t`����'`!'S�s:,-?s\V�'����`� .. w��4����. `� '�`•�♦�`,.`,_�,"�'a �♦'tee.,;�`.,. . u .R T f, f L� f J L • Y IVIR � � L EXHIBIT sJ1331 Do%^60)A aaf3 mr%eq^ OM o%-F 7A Prepared by and return to: Tian Shutt,Esq. O" ttorney's Office \, "Delray Beach,Florida W0 ist Avenue Dmr,06ch,Florida 33444 CERTIFICATE OF UNIVERSAL APPROVAL EXPIRATION DATE WH, , the Developer Parties and the City of Delray Beach properly recorded that certain fully executea,Z.- pment Agreement("Agreement')at ORB ,PG ,Public Records of Palm Beach County, rida,on :and WHEREAAe Effective Date of the Agreement is ,which date is, pursuant to the Agr e , the latter of thirty (30) days after the Agreement has been received by the state land planning a&I;4 to Section 163.3239, Florida Statutes (2010) or when site plan certification has been ac ;and Jac WHEREAS,SectionV4.ofI the Agreement provides that all of the Approvals for the Project(as those terms are defined therd`r}:s11 have a Universal Approval Expiration Date concurrent with the expiration of the Agreement, to is ten (10)years from the Effective Date, and which date shall be conftrnted by the recordation erti#icate of Universal Approval Expiration Date in the Public Records of Palm Beach County,F1 :_.� NOW, THEREFORE, the Cit� Delray Beach hereby records this Certificate of Universal Approval Expiration Date confirming that',&Approvals for the Project shall expire ten (10)years from the Effective Date,which date is z; IN WITNESS WHEREOF, i s hereto have executed this agreement as of the day and year first above written. This Certificate shalt not be effective unless signed by both the City and the Developer Parties. ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Cleric Nelson McDuffie,Mayor Approved as to Form: DEVELOPER PARTIES City Attorney By: Developer Parties Authorized Agent Print Name Do%^IL7AGC7 Mnpv.-% 77 r.f 7CA EXHIBIT "Ell ti Vesting for the entirety of the Project will occur when the following two scopes of work are completed: ol. Upon the recordation by the City Engineer of that "Certificate of Substantial -0� Completion"relating to the abandonment and relocation of NE 7th Avenue, as set forth in that certain Financial Guarantee&Agreement,dated February 17,2009,between the oCity and Atlantic Center, Ltd., as further referenced in Section 10 to that Easement N,?Agreement (Vacated 7t�' Avenue Easement) recorded in the Public Records of Palm _Beach Colony at ORB 23166, PG 1533, and in the form attached thereto as Exhibit 2. The Whpletion of the Phase IIA (buildings 1 and 3) load-bearing primary structural element ,,consisting of the below grade foundations, colunuis, walls, and other major structural onents, and upper level floor slabs, uppermost roof slab, main columns, and beam"=way and elevator structures, and other like major structural elements, considered Pf` *what is generically associated with the "topping-out" of the primary structure. r •^t Do%^L,0)AGG71Mo%o4 %7rV112 Mr%eve% On e%f On CITY OF OIELRRY BEACH CITY ATTORNEY'S OFFICE TELEPHONE: 561/243-7090 7 -FACSIMILE: 5612 8 475544 DELRAY BEACH MEMORANDUM i o n All-America� ty Ci TO: MAYOR AND CITY COMMISSIONERS FROM: NOEL PFEFFER, CITY ATTORNEY ® DATE: OCTOBER 17, 2014 1993 2001 SUBJECT: AGENDA ITEM 10.A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT REGARDING ATLANTIC CROSSING AND RELEASE HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT Before entering into a Development Agreement Florida law requires that a local government hold two public hearings before taking action. For this reason, no motion or action is required by the City Commission at the first public hearing with respect to the Amended and Restated Development Agreement. The only legal requirement is to conduct the public hearing. At the conclusion of the second public hearing the Commission may take whatever action it deems appropriate with regard to the agreement. Please disregard that portion of the "Subject" description in the agenda item which states "Motion to Approve..."