Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
02-03-15 Regular Meeting Agenda
City of Delray Beach • Regular Commission Meeting Tuesday, February 3, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for 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. C. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 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.mydeiraybeach.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. NONE 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. ACCEPTANCE OF A SIDEWALK EASEMENT DEED/THE DEL: Approve acceptance of a 5' sidewalk easement deed along N.E. 3114- Avenue for property associated with The Del located at 381 N.E. 31d-Avenue. B. LANDSCAPE MAINTENANCE AGREEMENT AND HOLD HARMLESS AGREEMENT/THE DEL: Approve a landscape maintenance and hold harmless agreement associated with The Del project located at 381 NE 3rd Avenue to allow the installation of landscaping within the NE 3rd Avenue and Artists Alley rights-of-way. C. SERVICE AUTHORIZATION No. 12-05 /WANTMAN GROUP FOR LAKE WORTH DRAINAGE DISTRICT (LWDD) L-33: Approve Service Authorization with the Wantman Group, Inc. in the amount of $11,755.00 for professional services related to the Lake Worth Drainage District (LWDD) L-33 Culvert Assessment Report. This recommendation for approval is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00)". Funding is available from 448-5461-538-46.47 (Storm Water Utility Fund: Repair & Maintenance Service/LWDD L-33 Culvert). D. AMENDMENT TO SERVICE AUTHORIZATION NO. 12-13.1/MATHEWS CONSULTING, INC./LAKE IDA DRAINAGE IMPROVEMENTS: Consider approval of an Amendment to Service Authorization No. 12-13.1 with Mathews Consulting, Inc. in the amount of$14,911.00 for professional design services (RFQ No. 2012-06) related to water main improvements in conjunction with the Lake Ida Drainage Improvements Project (Project No. 13-072). This Service Authorization includes design, permitting and bidding services. This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services" and Section 36.03(B), "Multiple Acquisistions from a Vendor Exceeding $25,000". Funding is available from 442-5178-536-65.98 (Water & Sewer Renewal & Replacement Fund: Other Improvements/Lake Ida Area). E. RESOLUTION NO. 10-15 REQUEST TO USE TROLLEY FOR PLUMOSA SCHOOL OF THE ARTS FOUNDATION EVENT: Consideration to approve Resolution No. 10-15 for the in-kind donation of a Downtown Roundabout Trolled Plumosa School of Arts Foundation Event on February 20, 2015. F. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and Hold Harmless Agreement regarding the sale of Police canine "Max" to Officer Adam Margolis. G. PROCLAMATIONS: I Recognizing Delray Art League 50th Anniversary Celebration Week February 26 —March 1, 2015. 2. Recognizing 2-1-1 Awareness Week—February 11 - 17, 2015 H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 12, 2015 through January 23, 2015. I. AWARD OF BIDS AND CONTRACTS: 1. Bid award to AKA Services, Inc. (Bid No. 2015-25) in the amount of$847,985.00 for construction of the Delray Shores Water Main Project Phase II (P/N 2014- 030). This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Fundinjj is available from 442-5178-536-68.93 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Delray Shores WM). 2. Bid award to AKA Services, Inc. (Bid No. 2015-24) in the amount of $826,095.00 for construction of the Tropic Palms Water Main Phase I (P/N 2014-061). This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 442-5178-536-68.97 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Tropic Palms WM). 3. Bid award to Corporate Coaches, Inc. (Bid No. 2015-10) in the amount of $45,210.48 for bus rental and driver service for the Parks and Recreation Department for special events, summer camp, after school, youth football, etc. This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from multiple accounts. 9. REGULAR AGENDA: A. IN-LIEU OF PARKING FEE AGREEMENT/SONOMA GRILL: Consider approval of a request from Sonoma Grill for the purchase of nine (9) in-lieu parking spaces located at 640 East Atlantic Avenue at a cost of$23,660.00 each totaling $212,940.00 to be paid through a Parking Fee Agreement requiring 50% payment upon ratification of the agreement and two 25% payments on the second year and third year anniversary date of the agreement. (Quasi-Judicial Hearing) B. BID AWARD/TANNER INDUSTRIES, INC.: Consider approval of a bid award to Tanner Industries, Inc. (Bid No. 2015-09) the second lowest bidder, at an annual estimated cost not to exceed $58,000.00 for the purchase of Anhydrous Ammonia for use in the water treatment process. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 441-5122-536-52.21, (Water & Sewer Fund: Operating Supplies/Chemicals). C. RESOLUTION NO. 09-15/BEST INTEREST RESOLUTION - PRIVATE SECURITY / TENNIS TOURNAMENT: Motion to approve Resolution No. 09-15 for private security during the ATP Champions Tour/Delray Beach Open by the Venetian Las Vegas which will be held from February 13, 2015 through February 22, 2015. Funding is available from 001-4210-575-55.40 (General Fund/Recreational Supplies/Tennis Tournament). D. NOMINATION FOR APPOINTMENT TO THE BOCA RATON AIRPORT AVIATION ADVISORY COMMITTEE: Nomination for appointment of one (1) regular member to the Boca Raton Airport Aviation Advisory Committee to serve an unexpired term ending May 31, 2016. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat#5). E. NOMINATION FOR STUDENT APPOINTMENT TO THE EDUCATION BOARD: Nomination for appointment of one (1) student member to the Education Board to serve an unexpired term ending July 31, 2016. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat#5). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 02-15 (FIRST READING/FIRST PUBLIC HEARING): Consider city-initiated Amendment to the Land Development Regulations (LDR) of the City of Delray Beach; Repealing and Replacing Section 4.4.13, "Central Business District (CBD)", with new zoning regulations and reducing the allowable building height on Atlantic Avenue between Swinton Avenue and the Intracoastal Waterway. If passed a second public hearing will be held on February 24, 2015. B. ORDINANCE NO. 03-15 (FIRST READING/FIRST PUBLIC HEARING): Consider 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(S), "Antennas Not Located on Telecommunications Towers"; amending Section 4.3.4(J), "Height"; amending Section 4.3.4(K), "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". If passed, a second public hearing will be held on February 24, 2015. C. ORDINANCE NO. 04-15 (FIRST READING/FIRST PUBLIC HEARING): Consider 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 4141 Street and NE 211d 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 211d Street and SE 71h- Street, east of and west of the FEC Railway. If passed, a second public hearing will be held on February 24, 2015. 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: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 9, 2015 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 ACCEPTANCE OF A SIDEWALK EASEMENT DEED/THE DEL BACKGROUND The subject property measures 0.37 acres and is located at the southeast corner of NE 4th Street and NE 3rd Avenue, within the Pineapple Grove Main Street Redevelopment Area. The applicant proposes the conversion of the existing industrial building to a restaurant, the construction of associated parking and the installation of landscaping, site lighting and trash refuse area. The required right-of-way for NE 3rd Avenue is 60'. The existing NE 3rd Avenue right-of-way adjacent to the property is 40' and does not include the provision of sidewalks. In accordance with the proposed NE 3rd Avenue and Artists Alley street improvements undertaken by the Community Redevelopment Agency, the development will dedicate a five (5) foot wide sidewalk easement along NE 3rd Avenue for the construction of a 5' wide sidewalk. DISCUSSION Accept the 5' sidewalk easement deed for The Del located at 381 NE 3rd Avenue. AdvisorApproving Board Recommendation: At its meeting of November 19, 2014, the Site Plan Review and Appearance Board approved a Class III site plan modification including the dedication of a 5' wide sidewalk easement along the property frontage adjacent to NE 3rd Avenue, upon the recommendation of the City Engineer. Staff Recommendation: The Planning & Zoning Department recommends the acceptance of the 5' sidewalk easement deed for The Del located at 381 NE 3rd Avenue. OPERATING COST N/A TIMING OF THE REQUEST There is no sensitivity with this request. RECOMMENDATION Accept the dedication of a 5' sidewalk easement deed for The Del located at 381 NE 3rd Avenue. ATTACHMENTS: Sidewalk Easement Deed Class III SPRAB Report with Attachments RETURN to: Noel Pfeffer City Attorney's Office 200 N.W. 1 st Avenue Delray Beach,Florida 33444 EASEMENT DEED THIS INDENTURE, made this 6th day of January, 2015, by and between 381 Blue LLC, with a mailing address of 381 NE 3rd Avenue, Delray Beach, Florida 3344, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to install and maintain such sidewalk across, through and upon or within the following described property located in Palm Beach County,Florida,to-wit: DESCRIPTION See Exhibit"A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above,to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above-described property, other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner and that once the sidewalk has been constructed to the required standards the parry of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. 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 easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits,the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF,the parties to this Easement Deed set their hands and seals the day and year first above written. WITNE PART � REST PART z-c-� IG�P.� �li.Sh.Q✓ ` (name printed or typed) [TNESS #2: —Tel M" (name printed or typed) RM SNYDER 4 ON#EE125351 emb er 07,2015 STATE OF Florida Discount Assoc.Co. COUNTY OF Palm Beach The foregoing instrument was acknowledged beforp,me this 6th day of January, 2015 by Joshua Abrams (agent). He is personally known to m7 id not take an oath. ignature of Notary Public— State of Florida (SEAL) ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein,Mayor Approved as to Legal Form: City Attorney Exhibit "A" Legal Description of Affected Area: Lots 12, 13, 14, 15, 16 and 17 Block 89, of Block 89, RESUBDIVISION OF THE WEST PORTION DELRAY, FLORIDA, according to the Plat there of as recorded in Plat Book 13, Page(s)49, Public Records of Palm Beach County, Florida Location/Boundary Map (i.e. Geographic Reference) for Affected Area: 1. u }j� s a ?4 IN f Z JOHN A. GRANT, JR., INC. 3333 NORTH FEDERAL HIGHWAY CONSULTING ENGINEERS & LAND SURVEYORS BOCA RATON, FLORIDA 33431 PHONE (561) 395-3333 LICENSED BUSINESS # LB 50 FAX : (561) 395-3315 EXHIBIT "A" LEGAL DESCRIPTION (SIDEWALK EASEMENT) THE WEST 5.0 FEET OF LOTS 12 THROUGH 17, INCLUSIVE, BLOCK 89, RESUBDIVISION OF THE WEST PORTION OF DELRAY FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 49, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF DELRA T BEACH, r Iv BEACH COUNTY, FLORIDA AND CONTAIN 1240 SQUARE FEET, MORE OR LESS.. I I I THIS IS NOT A SURVEY ! Drawn By SAR Date 1/6/15 REVIEWED AND A�PP�OVED I � Checked By WC F.B. N/A Pg. - Scale 1" = 40' Job No. 9594 SCOTT A. REI D Sheet 1 of 2 PROFESSIONAL LAND SURVEYOR NO.6258 STATE OF FLORIDA Drawing:K:\JG9594\CAD Files\JG9594 SD SWK ESMT Jan 2015.dwg\SD1 JOHN A. GRANT, JR., INC. 3333 NORTH FEDERAL HIGHWAY CONSULTING ENGINEERS & LAND SURVEYORS BOCA RATON, FLORIDA 33431 PHONE (561) 395-3333 LICENSED BUSINESS # LB 50 FAX (561) 395-3315 ♦- I—\ /I 1 1 r__1 I T 7 7 A 7 7 4 SKETCH OF DESCRIPTION (SIDEWALK EASEMENT) ui NE 4TH ST ry _ (50' R/W PER PB 9, PG 52) S89'23'00"E 0 C r%n, W. 5.0' OF LOTS 12-17 IZ I 18 o I IM C� Wla 1y �- Q w � 4 rn 16 N 00 m N 1 a Ln i Ln U CL W 0 20 I 0 =O J a- °° M z 15 z Q °° 21 00 Lo a _ Li C9 0 N w Y a O �_ I` ° CL 22 _jm o m 14 00 uj m �- Y li > v ° M 23 ® I Oz � i I mui m 24 13 N ui 25 I i 12 26 I E N89108'00"W 27 5.00' THIS IS NOT A SURVEY 1 1 Drawn By SAR Date 1/6/15 LEGEND: Checked By WC F.B. N/A Pg. CL = CENTERLINE PB = PLAT BOOK Scale 1" = 40' Job No. 9594 PG = PAGE Sheet 2 of 2 R/W = RIGHT—OF—WAY Drawing:K:\JG9594\CAD Files\JG9594 SD SWK ESMT Jan 2015.dwg\SD2 SITE REVIEW APPEARANCE P ,-IRAN A D CITY OF DEL.RAY BEACH ---STAFF REPORT--- MEETING DATE: November 19, 2014 AGENDA ITEM: ITEM: The Del (381 & 387 NE 3rd Avenue) – Class III Site Plan Modification Associated with the Conversion of a Contractor's Office to Restaurant with an Outdoor Plaza Area GENERAL DATA: _ -A JN E 5th Ter — Owner/Applicant......................... 381 Blue, LLC �.�� i— -1 Agent.......................................... George Brewer I � , �4 I �. Location...................................... Southeast corner of NE 4m Street and NE 3rd Avenue NE 5th ct Property Size.............................. 0.37 Acres Future Land Use Ma �� - p............... CC (Commercial Core) � � 7� Current Zoning............................ CBD-RC (Central Business ��`� � — District - Railroad Corridor) i 1 Adjacent ...North: RO NE5thSt �T1 ! � g............. (Residential Office} East: CBD-RC (Central Business I, - District- Railroad Corridor) South: CBD-RC (Central Business 7 District-Railroad Corridor) NE Ah St West: CBD-RC (Central Business i h Nil District-Railroad Corridor) "" !_..-- g Use E I Existin Land . . .............. Contractor Office Proposed Land Use.................... Restaurant with outdoor plaza area. � � F1 I ' Water Service............................. Existing on site. n l Cr � j Sewer Service,................... ........ Existing on site. IL..-. c NE 3t St NE 3rd St LZ 1 � f 1 I � 1 r--- I i i _. �......_.- NE 2na St -- �- NORTH 1TM BEFORE 7HE �AR; . The item before the Board is the approval of the following aspects of a Class Ill site plan request for the The Del, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): ❑ Site Plan- ❑ Landscape Plan; and ❑ Architectural Elevations BAGKGROU.ND The subject property measures 0.37 acres and is located at the southeast corner of NE 4t" Street and NE 3rd Avenue, within the Pineapple Grove Main Street Redevelopment Area. The property consists of Lots 12 through 17 inclusive, Block 89, Resubdivision of the West Portion, Delray Florida according to the plat thereof recorded in Plat Book 13, Page 49 g , Public Records of Palm Beach Count Florida. County The property is improved and originally contained two buildings. The building at the north end of the site was recently demolished. The remaining building is located at the south end of the site and measures 3,385 square feet. The building was previously occupied Del Raton Air Conditioning, Inc. A Class III site plan modification, landscape plan, and architectural elevations for The Del associated with the conversion of use from a contractor office to restaurant is now before the Board for approval FORM �_. . „PR0JEGT DESCRiPTIoN The development proposal incorporates the following: ❑ Conversion of the 3,385 square feet building to restaurant; • Removal of the existing parking lots and construction of two new parking areas containing 23 parking spaces; • Construction of a 1,300 s . ft. outdoor q plaza area on the north side of the building which may be utilized as a sidewalk cafe area; ❑ Demolition of an existing 1,664 sq. ft. mezzanine floor in order to "open up" the interior floor area; ❑ Installation of solid waste disposal area. ❑ Architectural elevation changes that include the removal of the roll-up shutters and replacement with storefront impact windows; the removal of an overhead door on the east elevation and the single door on the north elevation and replacement with a new storefront doors; ❑ Repainting the exterior of the building; and ❑ Installation of associated landscaping and site lighting. The Class III site plan modification also includes the following waiver requests: Site Plan Review and Appearai _, Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 2 • A waiver to LDR Section 4.6.16(H)(3)(i), whereas nine foot (9') terminal landscape islands are required and no terminal landscape islands are proposed adjacent NE 3rd Avenue and a reduction of the terminal islands along the alleyway to a minimum of 4' 2" proposed. • A waiver to LDR Section 4.6.9(D)(3)(c)(1 ), whereas a minimum five (5)' foot stacking distance is required a stacking distance of 4'2" is proposed at the northernmost driveway along Artists Alley. • A waiver to LDR Section 6.1.4(C)(3)(b)(1), whereas a minimum of 25' is required between the driveway and the extension of the ultimate right-of-way lines at any intersection, a distance of 23' is proposed between the northernmost driveway along the alley and NE 4th Street. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS- Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(x) as it pertains to the CBD-RC zone district: ;, Starclard . Provided:: .. . Mlnlllll�x BulJd0 ;Het l;t 25'148' 26' Mlnlrnum gullding Setbacks Min/Max Front 5710' 167.4'* Side Interior 0' 10.2' Side Street 10' 10' Rear 10' 0.3'* *The existing non-conforming setbacks are acknowledged as existing conditions and are not being modified by this application. LDR Chapter 4.4.28 Central Business District-Railroad Corridor District Regulations: Open Space: Pursuant to LDR Section 4.4.28(F)(1), a minimum of 10% non-vehicular open space shall be provided. The proposed development plan has exceeded this requirement as 20.4% open space is provided. LDR Chapter 4.6 Su lementa District Regulations: Parking: Pursuant to Section 4.4.28(6)(3), the parking requirement for restaurants is established at 6 spaces per 1000 sq. ft. of gross floor area. The 3,385 sq. ft. building is required to provide 20.31 parking spaces (3,385x 611,000 = 20.31 spaces). Pursuant to LDR Section 4.6.9(C)(1), any fraction less than one-half space shall be rounded down to the nearest whole number, resulting Site Plan Review and Appearan-o- Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 3 in a total of 20 required parking spaces. It is noted that the outdoor plaza may be used for outdoor dining as a sidewalk cafe for which no additional parking spaces are required. A total of 23 parking spaces are provided, thus, this requirement has been met. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The project will provide 23 parking spaces, thereby requiring 1 ADA compliant space. The site plan shows 1 ADA parking space, thus meeting the code requirement. However, concerns are raised with the location of the handicap parking space at the east end of the parking tier. The proposed location of the handicap space results in an unreasonable distance to the entrance of the building. In addition, the location of the 5' wide clear path interrupts the utilization of the outdoor plaza area. Staff recommends that the handicap space be relocated to the second space from the western end of the parking tier and this is noted as a condition of approval. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes seven (7) compact parking spaces which represent 30.43°/x. As the maximum percentage of compact spaces has been exceeded, the applicant will need to convert one compact space to a standard space and this is noted as a condition of approval. Bicycle Parking: Per LDR Section 4.6.9(C)(1)(c) and Policy D-2.2, bicycle parking facilities shall be provided in a designated area by a fixed or stationary bike rack for all redevelopment. The development proposal complies with this requirement with the installation of a bike rack within the courtyard area. Lighting: A photometric plan addressing the illumination levels on the subject property has been submitted. It is noted that four (4) light poles within the parking lot area along with fourteen (14) wall mounted light fixtures attached to the building are being proposed. In addition there are two existing FPL light poles located along the NF 3r0 Avenue r-o-w and two FPL light poles located along the east alley r-o-w. Pursuant to LDR Section 4.6.8(A)(3), the minimum Foot Candle (FC) standard illumination level for parking lots and building entrances required by the LDRs in Section 4.6.8 is 1.0 FC and the maximum illumination level is 10.0 FC. It is noted that a minimum standard illumination of 0.7 FC has been provided while a minimum of 1.0 FC is required. Thus, the proposed photometric plan must be revised to comply with the minimum illumination standards required by the Code, and thus, this is attached as a condition of approval. Site Plan Review and Appearari�z Board Staff Report: Meeting of 11/99/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 4 Street and Parking Lot Lighting: Pursuant to the Neighborhood Plan, all street and parking lot lighting should be consistent with the Pineapple Grove Main Street lighting. The light poles and fixtures should have a pedestrian scale of 12' to 16' and the lamps must be metal halide and powder-coated cast aluminum for the pole and fixture. When wall fixtures are proposed, they must be decorative. The street light poles along NE 3rd Avenue will be installed in conjunction with the NE 3rd Avenue improvement program. Staff recommends that the parking lot site light poles be reduced to a maximum of 16 feet in order to maintain the pedestrian scale. Cut sheet details of the decorative light fixtures have been provided. A technical item is attached that requests the graphic details of the fixtures and poles be placed on the photometric plan. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. A trash dumpster has been depicted on the site plan along the alley r-o-w on the east side of the property. The solid waste disposal area has been adequately screened with landscape material and enclosed with a 6'- 8" high CMU wall with smooth stucco finish and chain link gate panels with fabric. A detail of the solid waste disposal area has been submitted which includes a gate with a pro-tech 16 oz awning fabric with 1/2" diameter stainless steel grommets placed at a maximum of 10" of center over the gate chain link fabric. While most of the trash dumpsters located along the alleyway are oriented so that pick-up is done from the south direction, the orientation of the proposed dumpster away from the plaza area requires that pick-up will be done from the north direction. Waste Management has indicated that this can be accommodated and that they have no concerns regarding the proposed dumpster. Based on the above this LDR requirement has been met. It is noted that the re-orientation of the dumpster enclosure necessitates the relocation of existing guy wires within the alley right-of-way. Written consent must be obtained from FPL approving the relocation of the guy wires and this is noted as a condition of approval. Other Issues: Sidewalk Easement Dedication The required right-of-way for NE 3rd Avenue is 60'. The existing NE 3rd Avenue right-of-way adjacent to the property is 40' and does not include the provision of sidewalks. In accordance with the proposed NE 3rd Avenue and Artists Alley street improvements undertaken by the Community Redevelopment Agency, the development will dedicate a five (5) foot wide sidewalk easement along NE 3rd Avenue for the construction of a 5' wide sidewalk. The dedication of an easement deed prior to the certification of the site plan is noted as a condition of approval. On June 5, 2014 the Development Services Group (DSMG) and City Engineer recommended that in-lieu of the installation of the sidewalk, the applicant shall be responsible for the cost of the sidewalk improvement along NE 3rd Avenue adjacent to the subject property which is also noted as a condition of approval. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del,Glass III Site Plan, Landscape Plan and Architectural Elevations Page 5 Wellfield Protection Ordinance: The subject property is located in Water Well Protection Zone #3. Pursuant to LDR Section 4.5.5(B) (Wellfield Protection Ordinance) and the Palm Beach County Wellfield Protection Ordinance, when a property is located in Wellfield Protection Zones 1,2, or 3 an "Affidavit of Notification" signed by the Palm Beach County Department of Environmental Resources Management is required with the submittal of a site plan application. A list of the potential existence of regulated substances is also required with the submittal. The provision of an "Affidavit of Notification" executed by the Palm Beach County Department of Environmental Resources Management is attached as a condition of approval. 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. Analysis of Waiver#1: Terminal Landscape Islands For Parking Rows Pursuant to LDR Section 4.6.16(H)(3)(i), nine foot (9) terminal landscape islands are required and no terminal landscape islands are proposed adjacent to NE 3rd Avenue and terminal islands ranging from 4'2"to 7'are proposed along Artists Alley. The applicant has provided the following verbatim justification statement regarding the waiver request: "Relief to LDR Section 4.6.18(H)(3){j) which requires terminal landscape islands to be a minimum of 9' wide due to site restrictions, we have at the most restricted 47' wide to the property line, in all cases but one the landscape areas exceed the 9' requirement if you take the dimension to the edge of the existing asphalt" For the four (4) parking rows that terminate along the NE 3`d Avenue frontage, additional landscaping is provided within the public right-of-way to offer relief to the absence of landscaping within the parcel boundaries. It is noted that the southernmost parking tier only provides 1'-10" of landscaping abutting the parking r-o-w. Along NE 3rd Avenue right-of-way, a 10'-0" wide landscaping area is being provided to mitigate the narrow landscape island located along the southernmost parking tier. It is also noted that the proposed landscaping within the public right-of-way includes a 9'-9" wide landscape area. In summary, the reduction in width of the terminal landscape islands is partially attributed to the dedication of the 5' sidewalk easement. Along the rear alley, the amount of landscaping provided ranges between 4'-2" to 7'-0". A review of the proposed landscaping within the public right-of-way revealed a landscape area that ranges from a width of 8'-10" to 11'-3". The site is limited due to its narrow configuration and becomes further restricted with the dedication of the sidewalk easement. In order to mitigate the landscape materials which would have normally been provided within the terminal Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 6 landscape islands, the applicant has agreed to provide mature additional Live Oak trees within the landscape strip between the abutting parking tiers. In conclusion, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Anal sis of Waiver#2: Stacking Distance Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five feet (5') for parking lot that contains 0-20 spaces. The applicant has proposed a stacking distance of 4'2" at the northernmost driveway along Artists Alley. The applicant has provided the following verbatim justification statement regarding the waiver request: "Relief to LDR Section 4.6.9(D)(3)(c)(1) minimum distance between the right-of-way and first parking space is 5', due to site restrictions we have had to reduce the distance. Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five (5') feet. Although the parking areas on the site accommodate a total of 23 parking spaces, the parking areas are designed as two separate parking lots providing separate ingresslegress points. The southern parking lot contains eleven (11) spaces and the northern lot containing twelve (12) spaces. Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five (5') feet for parking lots that contain 0-20 spaces. A waiver to allow a stacking distance of 4'2" has been requested for the northernmost driveway along the alleyway. When consideration is given to include the length of the stacking area where the driveway apron tapers, a stacking distance of 7'8" is provided. The reduction in the stacking distance will not affect the neighboring areas or create an unsafe situation, as this parking lot is designed with two ingresslegress points. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from five (5) feet to 4' 2" with respect to LDR Section 2.4.7(B)(5). Analysis of Waiver#3: Driveway Location Pursuant to LDR Section 6.1.4(C)(3)(b)(1), no driveway shall be located within twenty-fine feet(25) of the extension of ultimate right-of-way lines at any intersection. The applicant has provided the following verbatim justification statement regarding the waiver request: Relief to LDR Section 6.1.4(C)(3)(b)(1) no driveway shall be located within 25'of a right-of-way, the north driveway on the alley is 23'due to site restrictions we have had to reduce the distance at all locations." Pursuant to LDR Section 6.1.4(C)(3)(b)(1), no driveway shall be located within twenty-five feet (25') of the extension of ultimate right-of-way lines at any intersection. The northern driveway along the alleyway is located 23' from the ultimate right-of-way line of NE 4th Street. Consideration should be given in that the proposed site design reduces the existing non- conforming situation in which back-out parking spaces were located six (6) feet from the intersection. Additionally, as the driveway is located along the alleyway which accommodates lower traffic volumes that the adjacent streets, the reduction of the minimum required distance for the driveway location shall not create an unsafe situation. Thus, granting of the requested Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 7 waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required driveway location distance from 25' to 23' with respect to LDR Section 2.4.7(8)(5). Site and Engineerinq Plan Preliminary Technical Items: While the revised site plan has accommodated most of the staff concerns, the following engineering technical items still remain outstanding and will need to be addressed prior to the certification of the site plan: 1. Indicate where the proposed grease trap will be connected to sanitary sewer system. 2. Indicate location of water service line. 3. Indicate City improvements along alley and NE 3rd Street that will be adjacent to this project to ensure potential conflicts are addressed in advance. The alley will be paved with pervious pavers and NE 3rd with regular brick pavers. The sequence of construction for driveway aprons will need to be coordinated and any other proposed improvements in right-of-way. 4. Provide signed and sealed calculations indicating current and proposed estimated flows into existing sanitary sewer system. LANDSCAPE PLAN ANALYSIS: A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The plan provides for perimeter landscaping within the public right-of-way along NE 3rd Avenue and Artists Alley, within the parking area and along the foundation of the building. A variety of plants and groundcover materials are employed to enhance the development. As previously indicated, the development proposal seeks to mitigate the required landscape materials within the terminal landscape islands internally to the site within the landscape strip located between the parking tiers. The proposed landscape plan will be consistent with Section 4.6.16 of the Land Development Regulations once the landscape technical items listed below are addressed. The City Senior Landscape Planner has reviewed the landscape plan submitted by the applicant and has found that some landscape technical items will have to be addressed. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided the technical items are addressed. Landscape Plan Technical Items: While the revised site plan has accommodated most of the staff concerns, the City Landscape Planner, the following landscape technical items still remain outstanding, shall be addressed prior to certification of the site plan: 1. Revise the landscape plan to show that the existing Pigeon Plum trees are proposed to be relocated on sheet L-2, however, most of them are listed as "to be removed" on sheet L-1. There is also an existing Black Olive tree on the west side of the building that does not have a reference number, nor is listed in the chart. Also, place the same reference number used on sheet L-1 next to the tree symbol on sheet L-2 for those trees that are to remain or be relocated. 2. Per LDR 4.6.16(H)(3)(o), all mechanical equipment and refuse areas are required to be screened with plant material. The height of the plant material will be either half the height of the equipment to be screened or five feet (5'), whichever is greater. Change specifications on the proposed Green Buttonwood around the dumpster enclosure to 5' height. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 8 3. The NE 3rd Avenue Beautification project is currently in the design stages. A sidewalk will be built in the sidewalk easement along NE 3rd Avenue and will affect both the existing and proposed trees on the west side of the building. Move the two (2) existing Geiger trees to the north landscape buffer, within the landscape strip between the parking tiers (between the proposed oak trees) or to a landscape island. Shift the proposed Montgomery Palms so that the trunks and root balls will be located between the sidewalk easement and the building. Add two (2) more Montgomery Palms (one on each side of the grouping of 3 Montgomery palms) so that the foundation landscape requirement is met. 4. Shift the relocated Pigeon Plums within the alley right-of-way to inside the property line. ARCHITECTURAL ELEVATIONS ANALYSIS , LDR Section 4,6.18(6) (1,4 - Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed elevations of the building can be considered a creative modern geometrical design but the building itself does not have a distinguished architectural design style. The applicant proposes to demolish all existing design elements contained in the north, east, and west elevation, which includes the following: along the east and west elevations remove all existing roll up shutters at exiting openings and overhead door; along the north elevation remove existing single door, concrete steps, and existing wall mounted light fixtures. The proposed exterior design of the building will include the following elements along the north elevation: • Installation of a clear anodized aluminum double door with side light wall mounted fixtures; • Installation of metal canopy (overhang) with custom steel pipe supports brackets; • Installation of a new impact resistant four pane rectangular storefront with clear anodized aluminum frames above the metal canopy; • The north elevation will be decorated with three geometrical figures painted with a sea-foam light blue color and one geometrical artistic shape painted with a squash orange color. All geometrical figures are separated by what appears to be scored lines. The proposed design of the building will include the following elements along the east elevation: Site Plan Review and Appearance Board Staff Report: Meeting of 1 111 9/201 4 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 9 • Installation of a cast concrete geometrically shaped window box on the upper left side of the elevation and five rectangular impact resistant anodized storefront windows decorated with different geometrical glass shapes and aluminum mullion sizes; • Installation of a fire resistant canvas awning over aluminum frame with a side wall-mounted light fixture; • The east elevation will be decorated with three geometrical figures painted with a sea-foam light blue color and five geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The proposed design of the building will include the following elements along the west elevation: • Installation of a cast concrete triangular-shaped window box on the upper left side of the elevation and three rectangular impact resistant storefront windows decorated with different geometrical glass shapes and mullion sizes; • The west elevation will be decorated with six geometrical figures painted with a sea-foam light blue color and seven geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The proposed design of the building will include along the south elevation: Along the south elevation the building will be decorated with two geometrical shapes painted with sea-foam light blue color and three geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The use of different decorative geometrical forms and storefront window shapes with no symmetry and painted with two different colors creates an identity and icon building with a strong contrast to the eye. There appears to be no harmony or rhythm in the design of the elevations, presumably done deliberately which provides an end product that is a creative artistic modern design that fits very well along Artists Alley where the building is located. Based on the above, positive findings can be made with respect to LDR Section 4.6.18 (E) and staff recommends the approval of the proposed architectural elevations. REQUIRE[}FINDINGS Pursuant to LDR Section 2.4.5(G) (1) (c) Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(6) (5). LDR Section 2.4.5(G) (5). Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves conversion of 3,385 square feet from a contractor's office to a restaurant. Pursuant to LDR Section 2.4.5(G) (5), this minor modification does not significantly Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 10 impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBDWRC (Central Business District-Railroad Corridor). The CBD- RC zoning district is consistent with the CC Future Land Use Map designation. Pursuant to LDR Section 4.4.28(B)(1) and LDR Section 4.4.13(6)(3), restaurants are allowed as a principal use in the CBD-RC zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. LDR Section 3.1.1(13) -Concurrency: As described in Appendix "A", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, and solid waste. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element PoHcv C-3.4: The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as a Arts District shall be emphasized. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Street and Parking Lot Lighting: As previously addressed in the report, the applicant shall provide light poles and wall mounted factures being proposed consistent with the Pineapple Grove Main Street lighting guidelines. Site Plan Review and Appearance Board Staff Report: Meeting of 11/1912014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 11 Street Furniture: The Neighborhood Plan indicates that benches, trash receptacles and bollards are to be provided when the streetscape plans are formulated. The streetscape plan for this portion of the Pineapple Grove Neighborhood is currently being developed and will be coordinated with the Pineapple Grove Main Street Program. Future Land Use Element Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Use: North RO Residential office Vacant South CBD-RC Central Business District- Vacant Railroad Corridor (CBD East CBD-RC Central Business District- Multi-tenant industrial and retail Railroad Corridor buildings West CBD-RC (Central Business District— Two office buildings and a public Railroad Corridor) parking lot The proposed restaurant will help to foster additional economic activity within the Pineapple Grove Main Street area and will be complimentary to adjacent land uses. 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 conversion of this existing building into restaurant will aid in the economic stability of the Pineapple Grove Main Street area. The adaptive re-use of an contractor office to restaurant will also likely improve the safety of the area with the introduction of day and evening use activities. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. LDR Section 2.4.5(F) (5) - Compatibility„(Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. With respect to the uses, compatibility is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 12 as a whole will benefit by the change of look from a non-descriptive building and the inclusion of a renovated structure. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. REVIEW BY OTHERS Community Redevelopment Area (CRA): At its meeting of October 23, 2014, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval. Pineapple Grove Main Street Committee PGMS : At its meeting of October 29, 2014, the Pineapple Grove Main Street (PGMS) reviewed the development proposal and unanimously recommended approval with the conditions that: i) That improved lighting is provided along the alley; and ii) That artistic treatment be provided on the dumpster enclosure. Downtown Development Authority„(DDA): At its meeting of November 10, 2014, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended approval of the site plan. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Delray Citizens Coalition ➢ Del-Ida Homeowners Association Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASS SSIVIE fT AND-C NCLUSMON : .. The proposed 3,385 sq, ft. restaurant is consistent with the zoning and PLUM designations of the subject property and will aid in the revitalization of this area Pineapple Grove Main Street district. Positive findings can be made with respect to Concurrency and Comprehensive Plan consistency as well as the specific findings required by LDR Section 2.4.5(G) (5), provided the conditions of approval are addressed. ALT/=R.NATIVE ACTIONS': A. Continue with direction. B. Move approval of the waiver requests, Class III site plan, landscape plan, and architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(B)(14), and Chapter 3 of the Land Development Regulations, subject to conditions. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class Ill Site Plan, Landscape Plan and Architectural Elevations Page 13 C. Move denial of the waiver requests, Class III site plan, landscape plan, and architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(B)(14), and Chapter 3 of the Land Development Regulations. STAFP RiECOMMENDATI,ON By Separate Motions: Waiver Request: 1. Approve the request for a waiver to LDR Section 4.6.16 (H)(3) (i)] to reduce the required nine (9') foot terminal landscape islands to 0' along NE 3rd Avenue and to 4' 2" along Artists Alley, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with LDR Section 2.4.7(8) (5). 2. Recommend approval to the City Commission of a waiver request to LDR Section 4.6.9(D)(3)(c)(lto reduce the required stacking distance from 5' to 4' 2" along Artists Alley, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). 3. Recommend approval to the City Commission of a waiver request to LDR Section 6.1.4(C)(3)(b)(1), from the required 25' between the driveway and the extension of the ultimate right-of-way lines at the intersection the northernmost driveway along the alley and NE 4th Street to a distance of 23'. Class 111 Site Plan: Move approval of the Class III site plan for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing all conditions of approval and engineering technical items contained in the staff report; 2. That a recorded easement deed for the dedication of the 5'wide sidewalk easement along NE 3rd Avenue is submitted prior to the certification of the site plan. 3. That the applicant shall be responsible for the cost of the sidewalk improvement along NE 3rd Avenue adjacent to the subject property. 4. That an "Affidavit of Notification" executed by the Palm Beach County Department of Environmental Resources Management is submitted prior to the certification of the site plan. 5. That a traffic statement is submitted and a letter from Palm Beach County the Traffic Engineering Division is provided indicating that finding of concurrency has been made for the proposed development. 6. Convert one compact space to a standard space so as not to exceed the maximum 30% of allowed compact parking space. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 14 7. That the handicap space is relocated to the second space from the western end of the parking tier. 8. That written consent is obtained from FPL approving the relocation of the guy wires. 9. That graphic details of the fixtures and poles be placed on the photometric plan. Landscape Plan: Move approval of the landscape plan for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing all conditions of approval and landscape technical items as indicated and contained in the staff report; 2. That a hold harmless and landscape maintenance agreement with the supporting exhibits (as outlined in the agreement) is approved for the plantings within the public right-of-way prior to the certification of the site plan. 3. That the landscape plan is coordinated and updated with the proposed NE 3rd Avenue and Artist Alley Beautification project. Proposed improvements could affect the designs of both projects. Please contact Tim Tack (561-243-7315) for drawing information, Architectural Elevations: Move approval of the architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(B)(14) of the Land Development Regulations. Staff Report Prepared by: Jasmin Allen, Planner Attachments: Appendix "A",- Site Plan; Landscape Plan, Architectural Elevations and Engineering plans. i I APPENDIX "A" CONC U R FINDINGS Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 2" water main located along NE 3rd Avenue right-of-way. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within NE 3rd Avenue right-of-way. Adequate fire suppression will be provided via an existing fire hydrant located approximately on the north side of NE 4" Street directly across from the subject property. 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. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has not been submitted by the applicant and is noted as a condition of approval Parks and Open Space: Park dedication requirements do not apply for nonresidential uses, Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The proposed restaurant will generate 42.14 tons of solid waste per year (3,385 x 24.9 = 84,286 lbs. per sq. ft./2,000 = 42.14tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with South Florida Water Management District (SFWMD) requirements and thus, obtaining a surface water permit, Schools: The project contains no residential component. Therefore, school concurrency is not applicable. „ry= end Q?JE IN 18£ �x - m SNOI,LVAONUU JMIIQMS oa G e Y a 191dIS Falb IN NJ s� ffi ® � 3 i ea .P �A z � o � I I Q € 1J s o t7 9 d fi z LU LIJ zI ` I w rs I f. I � � a I� , � s e N 12� < end a�F F SNOI VAOX93 MLIS z u �a ° LIJUS Hid IN y " I f ph PAC R. I V4 LIJ w a - LU Rig Lij tjs 9 q E z RH Ill N. 4 O� 4 d> �,_n If k �€ Z I'I � g s rc '����, �13'H�tl38AH21�13C7 .� ' n 3AV GdE IN I SE e =x SI`IOILvAOK21IIS e L Cl s < aW 13 1 � Q V J l'Z1 ?QJ,N Y luMm n° nV5 m � U ° c II — Ili � c I—III� Ill=1 I 1=' 4 Xa � v m . q 1 0 1 / W r�F 1 a LE0'dl {au 41�� -.�9�l�ulo]a4P IZ96-ZLZ-l94 tr�� ()pIJOIj -t3og2 AoijaQ EHVEE 13'4�oag AQJla4']AV L11-97N bL �ONI SiMINOVv 3dd3SQ � a^b pa8�N lBEZ CV z � � - q 3 s lylo®ssy 1 aaluvo 13a 3H1 4 4 19 O3N010(l :jo}sueld ado:)5puoj o Fllb 3N .. p 9 b q 8 d$ S g���3b� �� �'S`m' Va mo£�e��� •M Cd.5L8BN- - vb�gg�� I E j H $ L \ � 1 i �I ° m $ � i I E '? NU H 111H m< E Ntg L 9 � �. I E 10i I o°Qa E_ I L _ 5s HUN O bb i9 E€3�a ao$=�EV `� .`v X86EE° atl �n Bg� ai� 6 p€r� � as� Awn °HA-t ;$P1"1 - ws� g�� ���� ���go➢Rt$g€�a ��n€ g a $E��e � - 4 .a, �$�`=`�v 5 z9 a9 g _ pT$om» s`9 >°&E° m E E 3 �000 m_9� ❑d vi90°g�'a - -pbx$ EooA H n �➢ ag�gE` a8 -° �s�8 g= & a �� °`'-�°e¢ � I avm�a_���auP m ° es =°a➢�m �A mo oaPTai �o °a �aa °Es sv°'"9p„tea E�oz. Soo Sao$° xu°P o�� � �� � =as$ P °mmna` ooam eio"T W, S ®E.:E ' �wi.�mx9A4 samba=== Em3R LEG'Vl !a�'4+ Vag®emu!°I��fP IZ96-ZLZ-L95 o po 000 A 3 , CRW 1j'gnoag FQIIWJ'3�V 4lS'3'N 4L � �£ p• 1 8 1 Q `ONi S13311HDUV 3dV3S®NV1 a^V pJ£IN L88 S31VIDOSSY v MAYO '130 3HJ. 4 © :A� CAN0153(1 :aoj sur)id 9dDospuoj ode, gz HIT �xs� H-H NM e � xu 'f 9 $ v ue€ g4a a ads B�u U'_ &E'�,3° $ gig a Ira IN X11_,€ s a Rs° g R aFB_e �g sash 9 8 ;�6 �28 Ev2££ 4�aEs KL`a a P'g as � � �a I/'~ ..� ',. gr �' •\-' JI �,, •�. a€€ g�f°° 2 �oae" 5€oa%s �m°�g���e�� ���E .f°,�� HU A 4 "�x HM s Nu ffi NipFUZ ft 2, $PES $ l sa 8c a fag ��a& �➢ _ &a to E 8E t 4g q5 ag 4 ro ? n 5 12112 o s m . a �� A H ° ° - r�q vgaP 29=s umu '. ZnM sg-$�£S° m 4 � '�Saa➢o=�8.-- '. it � a8, "x r ES •eQ xz� t \ ! ;� ��� �am�a£� R177 ps .k a ���SF$t.��tg��=��$2 ka � � I \1 s i 1 r O l , yga f I j 70 N 3 p I m Ea'v �a�4an -,, a®ouioioUZ cz96-z z iss X44££ppuoH yopag ADJ12Q ESVEE�i'4�ae9 A 4eG'3AV 44S'TN hL o '3NI SIDIIIHOUV 3dvosaNn a^b PAC 3N l8£ SUVIDOSSY I HUM '13a 3HJL :ao4 suoi,�adoospuol g I I ( z I ' �i I 0.1 I � f j i � I A I wa x i ohs j w a 4 oow 9 �mp o � �� ° o� RD sy of g !N Ake F s oo t rH ° YY a ' f o V��g RRu � __yee 2w��3�si E1=z'" O3�°s H-Hnu55 �_nnen,ar.mx_�- C]2 3N !9Q SMOLLLYAONn a4LIS I m e 13a 3 -L R I�IaS Hlb�N Vs � an l l t J pl r W � 1 1 Y Y LIJ 1 1 I Qa J a M iL m yi i 9 I1, i-1, St 1 k 1 1 1 y� �ti rl 3 ; n 0 O 1!I +1 I[h 1 3 C p m off= 3AV GaE IN l9E a =m NOI,I.V AON9N OM(I-ff q 6 13 31 o Ix I I HO I w a o e9 4 19 w v � -A Et xA 9� J� dp I ���MMIMMMMIS 'REMS a W u H ` g O �h e I �rL a � rI x as I ( a a w Z I M-- Ur Q N 04 co I O Co l uj co € . E i I� - `° �I 11 EI II Ei - I I II I i EE I €--------�� L I pig \`TLS !j € I II li 1p-4 I! IE li L_.___ -- --J — L______________ W u3 �wyg C �b U �{ rc �"s and �3'H�H38.1H21"'13Q v_ .^rn ]AV ClK 3N I 8 o f MOI,L�1°AON DI�IIQ�fI$ o H 0 o s o III LJh rr S Sao � �� fag � � IlIIIEII € IIIEIII IE I Qn [€ I I 1" uj z Z Lr,Q r � I 0 (D 0 0 � Z L L E — C) ciS � fn �O I UJ 00 LL I I _ L ---_ --------- -------mom m r o ® W - rc ��iT TTTT�7A �77�3AV a21��INT II RE a NOUVAON9Q✓�W Illl Ci d 12 M ma 3H.L NO 0 O j�b. � a lip �� a I �o I p I I �V I ( € I I xs a I f I W � q z ' It i O HIM, may I Q .x,61 Con I � I J Z v W v a �<° � �1�'H�b'38AdZll3a a SAN G2IE IN 18E � m w '1343 3 1 o to a to g U {� n it I pal:A 2� I I I I I I I I li�o i I I I I I I I I � I � I H I I I I W I �9 I I �B i � Q e _ ---1-a � ,if W q H 73`HDV39 JMj�3a F b^ HN ]A\/CPAF IN 19E a hod a nd� Z � I LLLE I ow I J I I I I \ I u qq 4 I I �D uqz x�y Ohl O I mw oz0¢ I � a� I I O g d LX � 1 O l r- o �w� 10 I I W I WV ONE IN A orm sm = 1oI®I.L�'AO�ItRIg} TIQ a a r MESA i3 3HI y � �T6q 0 to job Noloy not AN IT S„ 3�'16�.bYF61 l' i S � ' y� P - s'!bMS Ww� WAS AUR xv 4 001 now! � I C ' f OPIUM SAM co 111PSAINAll"'W, VON J At AIR ITCO-00 an �ws a T PAP WE �3 -gs I a Id'HDV]2,,Vd]Kl a �1 <P HU IAV a21E 3N 18E 9 o M®LIVAONH�AIIQ�ITI� e o a Cl o= M Mi z °s 1� in @ Hap Lu a w a � Q qq pu = ggg d Li E u g e P z a h ;, 3 ��v Z agcy maa � j ���.yvyaS4' �o-a m °3 Ord I Qmo ¢�k� 4� w k0 m L ` �ikti YY',� N'4i's % S : M! $ t, 3� o 1S HE i, �m z 0 S{�sS ;��r��`��,,Fl2� �a V t��r' YY u� "rF f�r��4 5r• �Fk�' NOR as $ rr le, �0 xm - ��"� x4 �I 3AV CBK'�N 18£ MOILVAOMn JWITME ®z z a Hi i9a mi � s IOUn 6 r m a ® _ I F. � - � � O ¢ �4w Y .�A}2� p •{. ���•�y*�{1t y,.la P 5���$ S '1b �`"j ,r;7✓Y?ri,r - Ii•{ �Sg 4 ; u•Y�b �'�'�s��� t�Jf��_,�-�+r�i�.- ti •t5�"4 '1,�i"� � H� _p�� _ e O r:�4����"�v�'�5��_�-3,fi}}�_J'fi�''r�x�•�w'�yt�°�����,��� F ?��"�'Sa` P O c � C77 � c �a� � ''fir ® �� �'r✓�� L uxi* 06 co m a RN �� ]Szl3 Cb 39NH 'HOGS 9b JIHSNMOE'9L NCI S m W p Lu a 0 © � afio IL W Z �� m „ qw- ff "a e y - X 9 0 °E9 aao m' M yd x tmg o� =6 va tm N� �Vm J=JOOa v �o�a��ll°aa rSm fo°oa�EB� r �& amp°z CA 302 w L oH�c�°°? ,1111,111@ A ei II L U d II Y II II Ii II If II II A J IIbk 11011 n 11 i 1111 3 Gam �o geimg W.- O N N N N N N N N LLr N 1� �W�/ V) El ' 3fi4,LL05 -y,l _ o t.0 a V n d W � rn 8 - N � 0 A614Z Hl WN m�� I r SO 3�M $ �o 8 15tl3[4 3`�NtR3 HIn05 94 dtHSNMOA'9l NOLLJ35 O I a ago a sin � z a� Q u q a CL zaH _ �cn�ama�nm 1� r^r a Sri rh aimm�m ue� M M < U. no o W c� c) ® Z O W6 e O Z0 Z � w W � Q n Wo � �r � � O � � 0 � a o Mai m �go2 w R LL th W C? d v ❑ � � W � aLO CO }' ZLO d U) J MOM w ® Z w � ® Q E❑ oo � Z ❑ C7 no i G 15'v3[b�0NYeI'HAngS 9Y dIHSNMOk'9L N011035 � JSVJ C6 J3ltitltf'H1Hus 94 oI NMu1'9L RCLL]JS v ml a W m �❑ Z p� #„Q� s. Q' W X K�Rz� ` �s W n a F y W d”� >3y In NAM§sm E A n aw m a.` Y m} m @ € e y. � s` 'x9x �sr gm€ J N Q J v LU BIDL ad Ell HR 'T El H o z� — ary Avg_ g6 ;also-. =ag @ d N¢zr c gi F�vo BE`-�i z1 RN e ' IJ33NL5 wi>m,-- I€ ___`____ �;` i fir✓ ` —7-- , rl 7 7 IL a >3 I 1�E — �� I - C Ni I i it{� <p'E I I I , I 1 I 4 Nmm�� F a'��� I � �I ' sa �'�°� I I 3 ri 3 a � u 15b3 Eb 3`SNtlM�H1f105 94 dIH5NM01 9L NOf L175 � Q m p = e w o p LL `s°p m a � qz� W oe e" V 4as� b w M tl �§Fle % � xd � € ;�s s _ w w z weA LU � �� _� � ��° aQ �=n =� gay � i } a E'i a ' H 2 p - t ��y7 � � w 4WC on ° "Pli €w Q X900 °' H i $ 3 g� nn LL a o Si �o ° a b i pNo q a�l�' NOR ON g� $e z't9 in- BERM 9 s c sad-mii vas rim 2�e .bc £s ouoo� a000000 s F "r 'D e x� �i7�ffl�� i C Ba NO. a — g��� w" F ' HIS s a gy yh na PMP jai 4 3 § a I 1SN3 FV 30Wd`HMOS A9 dIHSNMOi'9l ND= ° LU �z z� �W_ LLIX3e z U tom-LLi —W Zo nq�j��w '. �� ��" q � gz f m 1 :� Ne q 994 ZO U V1 LU �� n ls4_ a� �e:a ° � ¢�3 3 �, me CJ . Y� v' z 8 8 n p�dodb z to .,n M�lk a e �a gds u Mk ®m x W Eg a yg u - 6 mi I N .gym ga al d � xS ct 35N 'Hlnas 9t dIHsHM91'91 NOLL933 O Z 3L� gyp LLI o o M, OZ n❑LL3w5 wa W�an �a�W C -- CON - 9 P s ao _ g � cq w s s w 's ❑ A5�IATT an _.- --— �{u T _ — —— m lL{1` � a. — MET IRC �,_.� 1 S�:N, � /- G33HI5 ru.+•aR)® L6..54 z _ry° AO g.. � . CNC• � ow c�wa I ,_ 17 l�E1�/ z�S o_ PfAVE RS. CI �..,�.. I _ AYM-d0 Ik aE 'ao � _ ASPHALT 1 s o9 I - V oa a t ��'. •me VP p b a Ids GXA(3) a6 S CLF: F PP .x38 . -' Pj� aWsc WOAD Hdea.1 I ENCF I 14. .fs ASPHALT I <P2 .j ASP LT - € } YS wg i I i I s IN 3 g�i e p Y I I { PL© V9 AgpyA-IMDW$Z sueolviswr+aF wsT..POttra 0 a j CONC �QO' �. p E /.-. �g l I x•',. P ASPHALT 1, mr I I I I e ��'wh 1 3 I I IR gg ai•- tfE ..I $ CONC wILI I II X6.1 1 I _ CRY C4FA 2CIAL j 12 CCNC m J -I .3 PADS a I t I' 1 0• . ccc a LSV?Et M4b 'HNOS 9b diHSHMCl'91 401173S _ LU i of m m Z I11 Q a x .6 O Sreuv�¢�,�� � r LLI ass pp CONC M, -7 Etc c ---------- - - N r I a / avoe vat�nr 9NUSDG =as IS 17 AYM—!0 1HDiu I I I Y g i I .9a� \Y � �. £S� to I r/I t Ny e W wJ I � ur I III I Nil HE I - fl an 1 I �uguh 240 I F 15'v3 E9 39Ntli1'Hlfl05 96 0118NM01'9L NGI,L03Z _ ml g zw oQa f � 'M ji to MI: n% LU pp CONC pp pp in a s!� MIN �Tq a _ S � �10H 1413�N'I�NIl51IC3 x 1 a 1 al I ! III 2a a a .w' � I � 11- a I I 1 � �Iri I €9 � II1 I UONC s I NE 5th Ct c� Q NE 5th St c� ur Z NE 4th St annery ow Ir Ison n 0 o! F$D Cir C roery ow it m c > j a a N M Y n u1 u.] Z Z S annery ow it NE 3rd St NE 3rd St a� Q v w L L z THE DEL NORTH Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 9, 2015 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT/THE DEL BACKGROUND The subject property measures 0.37 acres and is located at the southeast corner of NE 4th Street and NE 3rd Avenue, within the Pineapple Grove Main Street Redevelopment Area. The applicant proposes the conversion of the existing industrial building to a restaurant, the construction of associated parking and the installation of landscaping, site lighting and trash refuse area. The development plan provides for perimeter landscaping within the public right-of-way along NE 3rd Avenue and Artists Alley. The proposed landscaping will consist of Silver Buttonwood tress and associated understory plant material and will be coordinated with the proposed street improvements for NE 3rd Avenue and Artists Alley undertaken by the Community Redevelopment Agency. DISCUSSION The action requested of the City Commission is acceptance of a landscape maintenance and hold harmless agreement associated with The Del project located at 381 NE 3rd Avenue to allow the installation of landscaping within the NE 3rd Avenue and Artists Alley rights-of-way. Advisoa/Approving Board Recommendation: At its meeting of November 19, 2014, the Site Plan Review and Appearance Board approved a Class III site plan modification. A condition of approval included a requirement to submit a landscape maintenance and hold-harmless agreement for the landscaping proposed within the adjacent NE 3rd Avenue and Artists Alley rights-of-way. Staff Recommendation: The Planning & Zoning Department recommends the acceptance of the landscape maintenance and hold harmless agreement for The Del. OPERATING COST N/A TIMING OF THE REQUEST There is no sensitivity with this request. RECOMMENDATION Accept the Landscape Maintenance and Hold Harmless Agreement for The Del located at 381 NE 3rd Avenue. ATTACHMENTS: Landscape Maintenance and Hold Harmless Agreement Class III SPRAB Report with Attachments Prepared by:RETURN: Noel Pfeffer,Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach,FL 33144 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this day of , 20_ by and between the City of Delray Beach,Florida("City")and („Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of 3"' A V M pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of Nt�7 3''4 A y ; and, WHEREAS,the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of 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. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. I The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and ham-&ul insects;to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1)removing dead or diseased parks of plants, or(2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of--way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 S. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter,the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof,and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of ar4 AV 15- or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20 days of such notification, if so requested by the City. 8. Owner shall at all times hereafter indemnify,hold harmless and defend the City its officers, agents, servants, and employees from and against any and all causes of action,demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, = Owner, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Owner shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 3 The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation- and maintenance of landscaping in the City's right-of-way. 9. 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. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of ,20—. ATTEST: CITY OF DELRAY BEACH,FLORIDA -- By: City Clerk , Mayor Approved as to legal form and sufficiency: City Attorney LIT --S "EMS" (OWNER) V r (Print or Type Name) (Print or Type Name) -J- 'tz y ✓ , (Print or Type Name) 4 STATE OF COUNTY OF PO-I V'/L The foregoing instrument was acknowledged before me this day of 20A, by as (name of officer or agent, tide of officer or agent),.of (name of corporation acknowledging), a Lj s e-or-plaee-"of_.incorporation) corporation, on behalf of the corporation. He/She 's ersonal"o n to me ox has produced (type of identifications identification. t� � Signature of Person along Acknowledgment ® MYpI MM N.— #E7,2011 EXP3M:Novat�he�47,2415 r' Pt,Notary Distaon6 Assoc.Co. V-€ J �j L gs" i.BW"3•NOTARY 6 Name Typed, Printed or Staed 5 EXHIBIT "A" LOTS 12 THROUGH 17, INCLUSIVE, BLOCK 89 , RESUBDIVISION OF THE WEST PORTION OF DELRAY FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 49, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. eo , R400 3;= esza°s-i'-g n3 a�oa°�sn5 gao wa3 1 Q � o ° gg?'EeoPaB,°.es°° s flay e' E �An° o I � I _ ��R� Nam!- R � _$ °ooag ma,o2 me $m mm II PP dR�3¢3�^04 v dad l c :�°8 � •�a� � g am 5� y� _ `•i p iP=aaR moo Bp's a.�8 °aa$ as aqg� 7>' m-$ �^- � ¢_e�p e� R°� 3a. -5. 69�,❑ °• �naP - $ s 's3° 3sa= e 6 A I P a g4S a° i 1 MR zo g a a a�g�as� Q°os $e°��a3W33�° saga mo 3 °° Wo R«e3 8 aos6 _;$r m 36 A a ° a 1 - " E 8354 °pia MR s as �tl`=Y' $31 3 �69 a 3 iP11 1 Mi I - �; ry� 0 � ° u ` a ��:� ; a� p D _— �..I - -- m o➢�a tae 3aa °¢sa $� a �6 A g 3� v� =`.•I moRa }&" � d. I u t i c f•\,I o �DZ� ���� s43om p�,0 3 $' gE IM3 3 a I Gay 1t,H w,k lm Ir�l �i Ili 4 - i p r III a =o o u;uai �=°eo @°a -.. e •'._ /, Aq0 g�� 3 NE 4TH rT Landscape Pans for: DESIGNED BY: D© D A 'f[�E DEL CARTER &ASSOCIATES g 8g z W N = 2381 NF 3rd Ave LANDSCAPE ARCHITECTS INC, m- 74 N.E.5fh AVE.Delay Beach,EL 33483 9 Delray Beach,Florida 33444 561-272-9621 dhclalnc®belleavfh.ner LA.831 SITE REVIEW APPEARANCE P ,-IRAN A D CITY OF DEL.RAY BEACH ---STAFF REPORT--- MEETING DATE: November 19, 2014 AGENDA ITEM: ITEM: The Del (381 & 387 NE 3rd Avenue) – Class III Site Plan Modification Associated with the Conversion of a Contractor's Office to Restaurant with an Outdoor Plaza Area GENERAL DATA: _ -A JN E 5th Ter — Owner/Applicant......................... 381 Blue, LLC �.�� i— -1 Agent.......................................... George Brewer I � , �4 I �. Location...................................... Southeast corner of NE 4m Street and NE 3rd Avenue NE 5th ct Property Size.............................. 0.37 Acres Future Land Use Ma �� - p............... CC (Commercial Core) � � 7� Current Zoning............................ CBD-RC (Central Business ��`� � — District - Railroad Corridor) i 1 Adjacent ...North: RO NE5thSt �T1 ! � g............. (Residential Office} East: CBD-RC (Central Business I, - District- Railroad Corridor) South: CBD-RC (Central Business 7 District-Railroad Corridor) NE Ah St West: CBD-RC (Central Business i h Nil District-Railroad Corridor) "" !_..-- g Use E I Existin Land . . .............. Contractor Office Proposed Land Use.................... Restaurant with outdoor plaza area. � � F1 I ' Water Service............................. Existing on site. n l Cr � j Sewer Service,................... ........ Existing on site. IL..-. c NE 3t St NE 3rd St LZ 1 � f 1 I � 1 r--- I i i _. �......_.- NE 2na St -- �- NORTH 1TM BEFORE 7HE �AR; . The item before the Board is the approval of the following aspects of a Class Ill site plan request for the The Del, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): ❑ Site Plan- ❑ Landscape Plan; and ❑ Architectural Elevations BAGKGROU.ND The subject property measures 0.37 acres and is located at the southeast corner of NE 4t" Street and NE 3rd Avenue, within the Pineapple Grove Main Street Redevelopment Area. The property consists of Lots 12 through 17 inclusive, Block 89, Resubdivision of the West Portion, Delray Florida according to the plat thereof recorded in Plat Book 13, Page 49 g , Public Records of Palm Beach Count Florida. County The property is improved and originally contained two buildings. The building at the north end of the site was recently demolished. The remaining building is located at the south end of the site and measures 3,385 square feet. The building was previously occupied Del Raton Air Conditioning, Inc. A Class III site plan modification, landscape plan, and architectural elevations for The Del associated with the conversion of use from a contractor office to restaurant is now before the Board for approval FORM �_. . „PR0JEGT DESCRiPTIoN The development proposal incorporates the following: ❑ Conversion of the 3,385 square feet building to restaurant; • Removal of the existing parking lots and construction of two new parking areas containing 23 parking spaces; • Construction of a 1,300 s . ft. outdoor q plaza area on the north side of the building which may be utilized as a sidewalk cafe area; ❑ Demolition of an existing 1,664 sq. ft. mezzanine floor in order to "open up" the interior floor area; ❑ Installation of solid waste disposal area. ❑ Architectural elevation changes that include the removal of the roll-up shutters and replacement with storefront impact windows; the removal of an overhead door on the east elevation and the single door on the north elevation and replacement with a new storefront doors; ❑ Repainting the exterior of the building; and ❑ Installation of associated landscaping and site lighting. The Class III site plan modification also includes the following waiver requests: Site Plan Review and Appearai _, Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 2 • A waiver to LDR Section 4.6.16(H)(3)(i), whereas nine foot (9') terminal landscape islands are required and no terminal landscape islands are proposed adjacent NE 3rd Avenue and a reduction of the terminal islands along the alleyway to a minimum of 4' 2" proposed. • A waiver to LDR Section 4.6.9(D)(3)(c)(1 ), whereas a minimum five (5)' foot stacking distance is required a stacking distance of 4'2" is proposed at the northernmost driveway along Artists Alley. • A waiver to LDR Section 6.1.4(C)(3)(b)(1), whereas a minimum of 25' is required between the driveway and the extension of the ultimate right-of-way lines at any intersection, a distance of 23' is proposed between the northernmost driveway along the alley and NE 4th Street. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS- Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(x) as it pertains to the CBD-RC zone district: ;, Starclard . Provided:: .. . Mlnlllll�x BulJd0 ;Het l;t 25'148' 26' Mlnlrnum gullding Setbacks Min/Max Front 5710' 167.4'* Side Interior 0' 10.2' Side Street 10' 10' Rear 10' 0.3'* *The existing non-conforming setbacks are acknowledged as existing conditions and are not being modified by this application. LDR Chapter 4.4.28 Central Business District-Railroad Corridor District Regulations: Open Space: Pursuant to LDR Section 4.4.28(F)(1), a minimum of 10% non-vehicular open space shall be provided. The proposed development plan has exceeded this requirement as 20.4% open space is provided. LDR Chapter 4.6 Su lementa District Regulations: Parking: Pursuant to Section 4.4.28(6)(3), the parking requirement for restaurants is established at 6 spaces per 1000 sq. ft. of gross floor area. The 3,385 sq. ft. building is required to provide 20.31 parking spaces (3,385x 611,000 = 20.31 spaces). Pursuant to LDR Section 4.6.9(C)(1), any fraction less than one-half space shall be rounded down to the nearest whole number, resulting Site Plan Review and Appearan-o- Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 3 in a total of 20 required parking spaces. It is noted that the outdoor plaza may be used for outdoor dining as a sidewalk cafe for which no additional parking spaces are required. A total of 23 parking spaces are provided, thus, this requirement has been met. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The project will provide 23 parking spaces, thereby requiring 1 ADA compliant space. The site plan shows 1 ADA parking space, thus meeting the code requirement. However, concerns are raised with the location of the handicap parking space at the east end of the parking tier. The proposed location of the handicap space results in an unreasonable distance to the entrance of the building. In addition, the location of the 5' wide clear path interrupts the utilization of the outdoor plaza area. Staff recommends that the handicap space be relocated to the second space from the western end of the parking tier and this is noted as a condition of approval. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes seven (7) compact parking spaces which represent 30.43°/x. As the maximum percentage of compact spaces has been exceeded, the applicant will need to convert one compact space to a standard space and this is noted as a condition of approval. Bicycle Parking: Per LDR Section 4.6.9(C)(1)(c) and Policy D-2.2, bicycle parking facilities shall be provided in a designated area by a fixed or stationary bike rack for all redevelopment. The development proposal complies with this requirement with the installation of a bike rack within the courtyard area. Lighting: A photometric plan addressing the illumination levels on the subject property has been submitted. It is noted that four (4) light poles within the parking lot area along with fourteen (14) wall mounted light fixtures attached to the building are being proposed. In addition there are two existing FPL light poles located along the NF 3r0 Avenue r-o-w and two FPL light poles located along the east alley r-o-w. Pursuant to LDR Section 4.6.8(A)(3), the minimum Foot Candle (FC) standard illumination level for parking lots and building entrances required by the LDRs in Section 4.6.8 is 1.0 FC and the maximum illumination level is 10.0 FC. It is noted that a minimum standard illumination of 0.7 FC has been provided while a minimum of 1.0 FC is required. Thus, the proposed photometric plan must be revised to comply with the minimum illumination standards required by the Code, and thus, this is attached as a condition of approval. Site Plan Review and Appearari�z Board Staff Report: Meeting of 11/99/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 4 Street and Parking Lot Lighting: Pursuant to the Neighborhood Plan, all street and parking lot lighting should be consistent with the Pineapple Grove Main Street lighting. The light poles and fixtures should have a pedestrian scale of 12' to 16' and the lamps must be metal halide and powder-coated cast aluminum for the pole and fixture. When wall fixtures are proposed, they must be decorative. The street light poles along NE 3rd Avenue will be installed in conjunction with the NE 3rd Avenue improvement program. Staff recommends that the parking lot site light poles be reduced to a maximum of 16 feet in order to maintain the pedestrian scale. Cut sheet details of the decorative light fixtures have been provided. A technical item is attached that requests the graphic details of the fixtures and poles be placed on the photometric plan. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. A trash dumpster has been depicted on the site plan along the alley r-o-w on the east side of the property. The solid waste disposal area has been adequately screened with landscape material and enclosed with a 6'- 8" high CMU wall with smooth stucco finish and chain link gate panels with fabric. A detail of the solid waste disposal area has been submitted which includes a gate with a pro-tech 16 oz awning fabric with 1/2" diameter stainless steel grommets placed at a maximum of 10" of center over the gate chain link fabric. While most of the trash dumpsters located along the alleyway are oriented so that pick-up is done from the south direction, the orientation of the proposed dumpster away from the plaza area requires that pick-up will be done from the north direction. Waste Management has indicated that this can be accommodated and that they have no concerns regarding the proposed dumpster. Based on the above this LDR requirement has been met. It is noted that the re-orientation of the dumpster enclosure necessitates the relocation of existing guy wires within the alley right-of-way. Written consent must be obtained from FPL approving the relocation of the guy wires and this is noted as a condition of approval. Other Issues: Sidewalk Easement Dedication The required right-of-way for NE 3rd Avenue is 60'. The existing NE 3rd Avenue right-of-way adjacent to the property is 40' and does not include the provision of sidewalks. In accordance with the proposed NE 3rd Avenue and Artists Alley street improvements undertaken by the Community Redevelopment Agency, the development will dedicate a five (5) foot wide sidewalk easement along NE 3rd Avenue for the construction of a 5' wide sidewalk. The dedication of an easement deed prior to the certification of the site plan is noted as a condition of approval. On June 5, 2014 the Development Services Group (DSMG) and City Engineer recommended that in-lieu of the installation of the sidewalk, the applicant shall be responsible for the cost of the sidewalk improvement along NE 3rd Avenue adjacent to the subject property which is also noted as a condition of approval. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del,Glass III Site Plan, Landscape Plan and Architectural Elevations Page 5 Wellfield Protection Ordinance: The subject property is located in Water Well Protection Zone #3. Pursuant to LDR Section 4.5.5(B) (Wellfield Protection Ordinance) and the Palm Beach County Wellfield Protection Ordinance, when a property is located in Wellfield Protection Zones 1,2, or 3 an "Affidavit of Notification" signed by the Palm Beach County Department of Environmental Resources Management is required with the submittal of a site plan application. A list of the potential existence of regulated substances is also required with the submittal. The provision of an "Affidavit of Notification" executed by the Palm Beach County Department of Environmental Resources Management is attached as a condition of approval. 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. Analysis of Waiver#1: Terminal Landscape Islands For Parking Rows Pursuant to LDR Section 4.6.16(H)(3)(i), nine foot (9) terminal landscape islands are required and no terminal landscape islands are proposed adjacent to NE 3rd Avenue and terminal islands ranging from 4'2"to 7'are proposed along Artists Alley. The applicant has provided the following verbatim justification statement regarding the waiver request: "Relief to LDR Section 4.6.18(H)(3){j) which requires terminal landscape islands to be a minimum of 9' wide due to site restrictions, we have at the most restricted 47' wide to the property line, in all cases but one the landscape areas exceed the 9' requirement if you take the dimension to the edge of the existing asphalt" For the four (4) parking rows that terminate along the NE 3`d Avenue frontage, additional landscaping is provided within the public right-of-way to offer relief to the absence of landscaping within the parcel boundaries. It is noted that the southernmost parking tier only provides 1'-10" of landscaping abutting the parking r-o-w. Along NE 3rd Avenue right-of-way, a 10'-0" wide landscaping area is being provided to mitigate the narrow landscape island located along the southernmost parking tier. It is also noted that the proposed landscaping within the public right-of-way includes a 9'-9" wide landscape area. In summary, the reduction in width of the terminal landscape islands is partially attributed to the dedication of the 5' sidewalk easement. Along the rear alley, the amount of landscaping provided ranges between 4'-2" to 7'-0". A review of the proposed landscaping within the public right-of-way revealed a landscape area that ranges from a width of 8'-10" to 11'-3". The site is limited due to its narrow configuration and becomes further restricted with the dedication of the sidewalk easement. In order to mitigate the landscape materials which would have normally been provided within the terminal Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 6 landscape islands, the applicant has agreed to provide mature additional Live Oak trees within the landscape strip between the abutting parking tiers. In conclusion, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Anal sis of Waiver#2: Stacking Distance Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five feet (5') for parking lot that contains 0-20 spaces. The applicant has proposed a stacking distance of 4'2" at the northernmost driveway along Artists Alley. The applicant has provided the following verbatim justification statement regarding the waiver request: "Relief to LDR Section 4.6.9(D)(3)(c)(1) minimum distance between the right-of-way and first parking space is 5', due to site restrictions we have had to reduce the distance. Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five (5') feet. Although the parking areas on the site accommodate a total of 23 parking spaces, the parking areas are designed as two separate parking lots providing separate ingresslegress points. The southern parking lot contains eleven (11) spaces and the northern lot containing twelve (12) spaces. Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five (5') feet for parking lots that contain 0-20 spaces. A waiver to allow a stacking distance of 4'2" has been requested for the northernmost driveway along the alleyway. When consideration is given to include the length of the stacking area where the driveway apron tapers, a stacking distance of 7'8" is provided. The reduction in the stacking distance will not affect the neighboring areas or create an unsafe situation, as this parking lot is designed with two ingresslegress points. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from five (5) feet to 4' 2" with respect to LDR Section 2.4.7(B)(5). Analysis of Waiver#3: Driveway Location Pursuant to LDR Section 6.1.4(C)(3)(b)(1), no driveway shall be located within twenty-fine feet(25) of the extension of ultimate right-of-way lines at any intersection. The applicant has provided the following verbatim justification statement regarding the waiver request: Relief to LDR Section 6.1.4(C)(3)(b)(1) no driveway shall be located within 25'of a right-of-way, the north driveway on the alley is 23'due to site restrictions we have had to reduce the distance at all locations." Pursuant to LDR Section 6.1.4(C)(3)(b)(1), no driveway shall be located within twenty-five feet (25') of the extension of ultimate right-of-way lines at any intersection. The northern driveway along the alleyway is located 23' from the ultimate right-of-way line of NE 4th Street. Consideration should be given in that the proposed site design reduces the existing non- conforming situation in which back-out parking spaces were located six (6) feet from the intersection. Additionally, as the driveway is located along the alleyway which accommodates lower traffic volumes that the adjacent streets, the reduction of the minimum required distance for the driveway location shall not create an unsafe situation. Thus, granting of the requested Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 7 waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required driveway location distance from 25' to 23' with respect to LDR Section 2.4.7(8)(5). Site and Engineerinq Plan Preliminary Technical Items: While the revised site plan has accommodated most of the staff concerns, the following engineering technical items still remain outstanding and will need to be addressed prior to the certification of the site plan: 1. Indicate where the proposed grease trap will be connected to sanitary sewer system. 2. Indicate location of water service line. 3. Indicate City improvements along alley and NE 3rd Street that will be adjacent to this project to ensure potential conflicts are addressed in advance. The alley will be paved with pervious pavers and NE 3rd with regular brick pavers. The sequence of construction for driveway aprons will need to be coordinated and any other proposed improvements in right-of-way. 4. Provide signed and sealed calculations indicating current and proposed estimated flows into existing sanitary sewer system. LANDSCAPE PLAN ANALYSIS: A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The plan provides for perimeter landscaping within the public right-of-way along NE 3rd Avenue and Artists Alley, within the parking area and along the foundation of the building. A variety of plants and groundcover materials are employed to enhance the development. As previously indicated, the development proposal seeks to mitigate the required landscape materials within the terminal landscape islands internally to the site within the landscape strip located between the parking tiers. The proposed landscape plan will be consistent with Section 4.6.16 of the Land Development Regulations once the landscape technical items listed below are addressed. The City Senior Landscape Planner has reviewed the landscape plan submitted by the applicant and has found that some landscape technical items will have to be addressed. Based on the above analysis, the Landscape Plan complies with LDR Section 4.6.16, provided the technical items are addressed. Landscape Plan Technical Items: While the revised site plan has accommodated most of the staff concerns, the City Landscape Planner, the following landscape technical items still remain outstanding, shall be addressed prior to certification of the site plan: 1. Revise the landscape plan to show that the existing Pigeon Plum trees are proposed to be relocated on sheet L-2, however, most of them are listed as "to be removed" on sheet L-1. There is also an existing Black Olive tree on the west side of the building that does not have a reference number, nor is listed in the chart. Also, place the same reference number used on sheet L-1 next to the tree symbol on sheet L-2 for those trees that are to remain or be relocated. 2. Per LDR 4.6.16(H)(3)(o), all mechanical equipment and refuse areas are required to be screened with plant material. The height of the plant material will be either half the height of the equipment to be screened or five feet (5'), whichever is greater. Change specifications on the proposed Green Buttonwood around the dumpster enclosure to 5' height. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 8 3. The NE 3rd Avenue Beautification project is currently in the design stages. A sidewalk will be built in the sidewalk easement along NE 3rd Avenue and will affect both the existing and proposed trees on the west side of the building. Move the two (2) existing Geiger trees to the north landscape buffer, within the landscape strip between the parking tiers (between the proposed oak trees) or to a landscape island. Shift the proposed Montgomery Palms so that the trunks and root balls will be located between the sidewalk easement and the building. Add two (2) more Montgomery Palms (one on each side of the grouping of 3 Montgomery palms) so that the foundation landscape requirement is met. 4. Shift the relocated Pigeon Plums within the alley right-of-way to inside the property line. ARCHITECTURAL ELEVATIONS ANALYSIS , LDR Section 4,6.18(6) (1,4 - Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed elevations of the building can be considered a creative modern geometrical design but the building itself does not have a distinguished architectural design style. The applicant proposes to demolish all existing design elements contained in the north, east, and west elevation, which includes the following: along the east and west elevations remove all existing roll up shutters at exiting openings and overhead door; along the north elevation remove existing single door, concrete steps, and existing wall mounted light fixtures. The proposed exterior design of the building will include the following elements along the north elevation: • Installation of a clear anodized aluminum double door with side light wall mounted fixtures; • Installation of metal canopy (overhang) with custom steel pipe supports brackets; • Installation of a new impact resistant four pane rectangular storefront with clear anodized aluminum frames above the metal canopy; • The north elevation will be decorated with three geometrical figures painted with a sea-foam light blue color and one geometrical artistic shape painted with a squash orange color. All geometrical figures are separated by what appears to be scored lines. The proposed design of the building will include the following elements along the east elevation: Site Plan Review and Appearance Board Staff Report: Meeting of 1 111 9/201 4 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 9 • Installation of a cast concrete geometrically shaped window box on the upper left side of the elevation and five rectangular impact resistant anodized storefront windows decorated with different geometrical glass shapes and aluminum mullion sizes; • Installation of a fire resistant canvas awning over aluminum frame with a side wall-mounted light fixture; • The east elevation will be decorated with three geometrical figures painted with a sea-foam light blue color and five geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The proposed design of the building will include the following elements along the west elevation: • Installation of a cast concrete triangular-shaped window box on the upper left side of the elevation and three rectangular impact resistant storefront windows decorated with different geometrical glass shapes and mullion sizes; • The west elevation will be decorated with six geometrical figures painted with a sea-foam light blue color and seven geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The proposed design of the building will include along the south elevation: Along the south elevation the building will be decorated with two geometrical shapes painted with sea-foam light blue color and three geometrical shapes painted with a squash orange color separated by what appears to be scored lines. The use of different decorative geometrical forms and storefront window shapes with no symmetry and painted with two different colors creates an identity and icon building with a strong contrast to the eye. There appears to be no harmony or rhythm in the design of the elevations, presumably done deliberately which provides an end product that is a creative artistic modern design that fits very well along Artists Alley where the building is located. Based on the above, positive findings can be made with respect to LDR Section 4.6.18 (E) and staff recommends the approval of the proposed architectural elevations. REQUIRE[}FINDINGS Pursuant to LDR Section 2.4.5(G) (1) (c) Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(6) (5). LDR Section 2.4.5(G) (5). Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves conversion of 3,385 square feet from a contractor's office to a restaurant. Pursuant to LDR Section 2.4.5(G) (5), this minor modification does not significantly Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 10 impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBDWRC (Central Business District-Railroad Corridor). The CBD- RC zoning district is consistent with the CC Future Land Use Map designation. Pursuant to LDR Section 4.4.28(B)(1) and LDR Section 4.4.13(6)(3), restaurants are allowed as a principal use in the CBD-RC zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. LDR Section 3.1.1(13) -Concurrency: As described in Appendix "A", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, and solid waste. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element PoHcv C-3.4: The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as a Arts District shall be emphasized. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Street and Parking Lot Lighting: As previously addressed in the report, the applicant shall provide light poles and wall mounted factures being proposed consistent with the Pineapple Grove Main Street lighting guidelines. Site Plan Review and Appearance Board Staff Report: Meeting of 11/1912014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 11 Street Furniture: The Neighborhood Plan indicates that benches, trash receptacles and bollards are to be provided when the streetscape plans are formulated. The streetscape plan for this portion of the Pineapple Grove Neighborhood is currently being developed and will be coordinated with the Pineapple Grove Main Street Program. Future Land Use Element Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Use: North RO Residential office Vacant South CBD-RC Central Business District- Vacant Railroad Corridor (CBD East CBD-RC Central Business District- Multi-tenant industrial and retail Railroad Corridor buildings West CBD-RC (Central Business District— Two office buildings and a public Railroad Corridor) parking lot The proposed restaurant will help to foster additional economic activity within the Pineapple Grove Main Street area and will be complimentary to adjacent land uses. 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 conversion of this existing building into restaurant will aid in the economic stability of the Pineapple Grove Main Street area. The adaptive re-use of an contractor office to restaurant will also likely improve the safety of the area with the introduction of day and evening use activities. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. LDR Section 2.4.5(F) (5) - Compatibility„(Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. With respect to the uses, compatibility is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 12 as a whole will benefit by the change of look from a non-descriptive building and the inclusion of a renovated structure. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. REVIEW BY OTHERS Community Redevelopment Area (CRA): At its meeting of October 23, 2014, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval. Pineapple Grove Main Street Committee PGMS : At its meeting of October 29, 2014, the Pineapple Grove Main Street (PGMS) reviewed the development proposal and unanimously recommended approval with the conditions that: i) That improved lighting is provided along the alley; and ii) That artistic treatment be provided on the dumpster enclosure. Downtown Development Authority„(DDA): At its meeting of November 10, 2014, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended approval of the site plan. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Delray Citizens Coalition ➢ Del-Ida Homeowners Association Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASS SSIVIE fT AND-C NCLUSMON : .. The proposed 3,385 sq, ft. restaurant is consistent with the zoning and PLUM designations of the subject property and will aid in the revitalization of this area Pineapple Grove Main Street district. Positive findings can be made with respect to Concurrency and Comprehensive Plan consistency as well as the specific findings required by LDR Section 2.4.5(G) (5), provided the conditions of approval are addressed. ALT/=R.NATIVE ACTIONS': A. Continue with direction. B. Move approval of the waiver requests, Class III site plan, landscape plan, and architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(B)(14), and Chapter 3 of the Land Development Regulations, subject to conditions. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class Ill Site Plan, Landscape Plan and Architectural Elevations Page 13 C. Move denial of the waiver requests, Class III site plan, landscape plan, and architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(B)(14), and Chapter 3 of the Land Development Regulations. STAFP RiECOMMENDATI,ON By Separate Motions: Waiver Request: 1. Approve the request for a waiver to LDR Section 4.6.16 (H)(3) (i)] to reduce the required nine (9') foot terminal landscape islands to 0' along NE 3rd Avenue and to 4' 2" along Artists Alley, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with LDR Section 2.4.7(8) (5). 2. Recommend approval to the City Commission of a waiver request to LDR Section 4.6.9(D)(3)(c)(lto reduce the required stacking distance from 5' to 4' 2" along Artists Alley, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5). 3. Recommend approval to the City Commission of a waiver request to LDR Section 6.1.4(C)(3)(b)(1), from the required 25' between the driveway and the extension of the ultimate right-of-way lines at the intersection the northernmost driveway along the alley and NE 4th Street to a distance of 23'. Class 111 Site Plan: Move approval of the Class III site plan for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing all conditions of approval and engineering technical items contained in the staff report; 2. That a recorded easement deed for the dedication of the 5'wide sidewalk easement along NE 3rd Avenue is submitted prior to the certification of the site plan. 3. That the applicant shall be responsible for the cost of the sidewalk improvement along NE 3rd Avenue adjacent to the subject property. 4. That an "Affidavit of Notification" executed by the Palm Beach County Department of Environmental Resources Management is submitted prior to the certification of the site plan. 5. That a traffic statement is submitted and a letter from Palm Beach County the Traffic Engineering Division is provided indicating that finding of concurrency has been made for the proposed development. 6. Convert one compact space to a standard space so as not to exceed the maximum 30% of allowed compact parking space. Site Plan Review and Appearance Board Staff Report: Meeting of 11/19/2014 The Del, Class III Site Plan, Landscape Plan and Architectural Elevations Page 14 7. That the handicap space is relocated to the second space from the western end of the parking tier. 8. That written consent is obtained from FPL approving the relocation of the guy wires. 9. That graphic details of the fixtures and poles be placed on the photometric plan. Landscape Plan: Move approval of the landscape plan for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing all conditions of approval and landscape technical items as indicated and contained in the staff report; 2. That a hold harmless and landscape maintenance agreement with the supporting exhibits (as outlined in the agreement) is approved for the plantings within the public right-of-way prior to the certification of the site plan. 3. That the landscape plan is coordinated and updated with the proposed NE 3rd Avenue and Artist Alley Beautification project. Proposed improvements could affect the designs of both projects. Please contact Tim Tack (561-243-7315) for drawing information, Architectural Elevations: Move approval of the architectural elevations for The Del, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(B)(14) of the Land Development Regulations. Staff Report Prepared by: Jasmin Allen, Planner Attachments: Appendix "A",- Site Plan; Landscape Plan, Architectural Elevations and Engineering plans. i I APPENDIX "A" CONC U R FINDINGS Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 2" water main located along NE 3rd Avenue right-of-way. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within NE 3rd Avenue right-of-way. Adequate fire suppression will be provided via an existing fire hydrant located approximately on the north side of NE 4" Street directly across from the subject property. 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. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has not been submitted by the applicant and is noted as a condition of approval Parks and Open Space: Park dedication requirements do not apply for nonresidential uses, Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The proposed restaurant will generate 42.14 tons of solid waste per year (3,385 x 24.9 = 84,286 lbs. per sq. ft./2,000 = 42.14tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with South Florida Water Management District (SFWMD) requirements and thus, obtaining a surface water permit, Schools: The project contains no residential component. Therefore, school concurrency is not applicable. „ry= end Q?JE IN 18£ �x - m SNOI,LVAONUU JMIIQMS oa G e Y a 191dIS Falb IN NJ s� ffi ® � 3 i ea .P �A z � o � I I Q € 1J s o t7 9 d fi z LU LIJ zI ` I w rs I f. I � � a I� , � s e N 12� < end a�F F SNOI VAOX93 MLIS z u �a ° LIJUS Hid IN y " I f ph PAC R. I V4 LIJ w a - LU Rig Lij tjs 9 q E z RH Ill N. 4 O� 4 d> �,_n If k �€ Z I'I � g s rc '����, �13'H�tl38AH21�13C7 .� ' n 3AV GdE IN I SE e =x SI`IOILvAOK21IIS e L Cl s < aW 13 1 � Q V J l'Z1 ?QJ,N Y luMm n° nV5 m � U ° c II — Ili � c I—III� Ill=1 I 1=' 4 Xa � v m . q 1 0 1 / W r�F 1 a LE0'dl {au 41�� -.�9�l�ulo]a4P IZ96-ZLZ-l94 tr�� ()pIJOIj -t3og2 AoijaQ EHVEE 13'4�oag AQJla4']AV L11-97N bL �ONI SiMINOVv 3dd3SQ � a^b pa8�N lBEZ CV z � � - q 3 s lylo®ssy 1 aaluvo 13a 3H1 4 4 19 O3N010(l :jo}sueld ado:)5puoj o Fllb 3N .. p 9 b q 8 d$ S g���3b� �� �'S`m' Va mo£�e��� •M Cd.5L8BN- - vb�gg�� I E j H $ L \ � 1 i �I ° m $ � i I E '? NU H 111H m< E Ntg L 9 � �. I E 10i I o°Qa E_ I L _ 5s HUN O bb i9 E€3�a ao$=�EV `� .`v X86EE° atl �n Bg� ai� 6 p€r� � as� Awn °HA-t ;$P1"1 - ws� g�� ���� ���go➢Rt$g€�a ��n€ g a $E��e � - 4 .a, �$�`=`�v 5 z9 a9 g _ pT$om» s`9 >°&E° m E E 3 �000 m_9� ❑d vi90°g�'a - -pbx$ EooA H n �➢ ag�gE` a8 -° �s�8 g= & a �� °`'-�°e¢ � I avm�a_���auP m ° es =°a➢�m �A mo oaPTai �o °a �aa °Es sv°'"9p„tea E�oz. Soo Sao$° xu°P o�� � �� � =as$ P °mmna` ooam eio"T W, S ®E.:E ' �wi.�mx9A4 samba=== Em3R LEG'Vl !a�'4+ Vag®emu!°I��fP IZ96-ZLZ-L95 o po 000 A 3 , CRW 1j'gnoag FQIIWJ'3�V 4lS'3'N 4L � �£ p• 1 8 1 Q `ONi S13311HDUV 3dV3S®NV1 a^V pJ£IN L88 S31VIDOSSY v MAYO '130 3HJ. 4 © :A� CAN0153(1 :aoj sur)id 9dDospuoj ode, gz HIT �xs� H-H NM e � xu 'f 9 $ v ue€ g4a a ads B�u U'_ &E'�,3° $ gig a Ira IN X11_,€ s a Rs° g R aFB_e �g sash 9 8 ;�6 �28 Ev2££ 4�aEs KL`a a P'g as � � �a I/'~ ..� ',. gr �' •\-' JI �,, •�. a€€ g�f°° 2 �oae" 5€oa%s �m°�g���e�� ���E .f°,�� HU A 4 "�x HM s Nu ffi NipFUZ ft 2, $PES $ l sa 8c a fag ��a& �➢ _ &a to E 8E t 4g q5 ag 4 ro ? n 5 12112 o s m . a �� A H ° ° - r�q vgaP 29=s umu '. ZnM sg-$�£S° m 4 � '�Saa➢o=�8.-- '. it � a8, "x r ES •eQ xz� t \ ! ;� ��� �am�a£� R177 ps .k a ���SF$t.��tg��=��$2 ka � � I \1 s i 1 r O l , yga f I j 70 N 3 p I m Ea'v �a�4an -,, a®ouioioUZ cz96-z z iss X44££ppuoH yopag ADJ12Q ESVEE�i'4�ae9 A 4eG'3AV 44S'TN hL o '3NI SIDIIIHOUV 3dvosaNn a^b PAC 3N l8£ SUVIDOSSY I HUM '13a 3HJL :ao4 suoi,�adoospuol g I I ( z I ' �i I 0.1 I � f j i � I A I wa x i ohs j w a 4 oow 9 �mp o � �� ° o� RD sy of g !N Ake F s oo t rH ° YY a ' f o V��g RRu � __yee 2w��3�si E1=z'" O3�°s H-Hnu55 �_nnen,ar.mx_�- C]2 3N !9Q SMOLLLYAONn a4LIS I m e 13a 3 -L R I�IaS Hlb�N Vs � an l l t J pl r W � 1 1 Y Y LIJ 1 1 I Qa J a M iL m yi i 9 I1, i-1, St 1 k 1 1 1 y� �ti rl 3 ; n 0 O 1!I +1 I[h 1 3 C p m off= 3AV GaE IN l9E a =m NOI,I.V AON9N OM(I-ff q 6 13 31 o Ix I I HO I w a o e9 4 19 w v � -A Et xA 9� J� dp I ���MMIMMMMIS 'REMS a W u H ` g O �h e I �rL a � rI x as I ( a a w Z I M-- Ur Q N 04 co I O Co l uj co € . E i I� - `° �I 11 EI II Ei - I I II I i EE I €--------�� L I pig \`TLS !j € I II li 1p-4 I! IE li L_.___ -- --J — L______________ W u3 �wyg C �b U �{ rc �"s and �3'H�H38.1H21"'13Q v_ .^rn ]AV ClK 3N I 8 o f MOI,L�1°AON DI�IIQ�fI$ o H 0 o s o III LJh rr S Sao � �� fag � � IlIIIEII € IIIEIII IE I Qn [€ I I 1" uj z Z Lr,Q r � I 0 (D 0 0 � Z L L E — C) ciS � fn �O I UJ 00 LL I I _ L ---_ --------- -------mom m r o ® W - rc ��iT TTTT�7A �77�3AV a21��INT II RE a NOUVAON9Q✓�W Illl Ci d 12 M ma 3H.L NO 0 O j�b. � a lip �� a I �o I p I I �V I ( € I I xs a I f I W � q z ' It i O HIM, may I Q .x,61 Con I � I J Z v W v a �<° � �1�'H�b'38AdZll3a a SAN G2IE IN 18E � m w '1343 3 1 o to a to g U {� n it I pal:A 2� I I I I I I I I li�o i I I I I I I I I � I � I H I I I I W I �9 I I �B i � Q e _ ---1-a � ,if W q H 73`HDV39 JMj�3a F b^ HN ]A\/CPAF IN 19E a hod a nd� Z � I LLLE I ow I J I I I I \ I u qq 4 I I �D uqz x�y Ohl O I mw oz0¢ I � a� I I O g d LX � 1 O l r- o �w� 10 I I W I WV ONE IN A orm sm = 1oI®I.L�'AO�ItRIg} TIQ a a r MESA i3 3HI y � �T6q 0 to job Noloy not AN IT S„ 3�'16�.bYF61 l' i S � ' y� P - s'!bMS Ww� WAS AUR xv 4 001 now! � I C ' f OPIUM SAM co 111PSAINAll"'W, VON J At AIR ITCO-00 an �ws a T PAP WE �3 -gs I a Id'HDV]2,,Vd]Kl a �1 <P HU IAV a21E 3N 18E 9 o M®LIVAONH�AIIQ�ITI� e o a Cl o= M Mi z °s 1� in @ Hap Lu a w a � Q qq pu = ggg d Li E u g e P z a h ;, 3 ��v Z agcy maa � j ���.yvyaS4' �o-a m °3 Ord I Qmo ¢�k� 4� w k0 m L ` �ikti YY',� N'4i's % S : M! $ t, 3� o 1S HE i, �m z 0 S{�sS ;��r��`��,,Fl2� �a V t��r' YY u� "rF f�r��4 5r• �Fk�' NOR as $ rr le, �0 xm - ��"� x4 �I 3AV CBK'�N 18£ MOILVAOMn JWITME ®z z a Hi i9a mi � s IOUn 6 r m a ® _ I F. � - � � O ¢ �4w Y .�A}2� p •{. ���•�y*�{1t y,.la P 5���$ S '1b �`"j ,r;7✓Y?ri,r - Ii•{ �Sg 4 ; u•Y�b �'�'�s��� t�Jf��_,�-�+r�i�.- ti •t5�"4 '1,�i"� � H� _p�� _ e O r:�4����"�v�'�5��_�-3,fi}}�_J'fi�''r�x�•�w'�yt�°�����,��� F ?��"�'Sa` P O c � C77 � c �a� � ''fir ® �� �'r✓�� L uxi* 06 co m a RN �� ]Szl3 Cb 39NH 'HOGS 9b JIHSNMOE'9L NCI S m W p Lu a 0 © � afio IL W Z �� m „ qw- ff "a e y - X 9 0 °E9 aao m' M yd x tmg o� =6 va tm N� �Vm J=JOOa v �o�a��ll°aa rSm fo°oa�EB� r �& amp°z CA 302 w L oH�c�°°? ,1111,111@ A ei II L U d II Y II II Ii II If II II A J IIbk 11011 n 11 i 1111 3 Gam �o geimg W.- O N N N N N N N N LLr N 1� �W�/ V) El ' 3fi4,LL05 -y,l _ o t.0 a V n d W � rn 8 - N � 0 A614Z Hl WN m�� I r SO 3�M $ �o 8 15tl3[4 3`�NtR3 HIn05 94 dtHSNMOA'9l NOLLJ35 O I a ago a sin � z a� Q u q a CL zaH _ �cn�ama�nm 1� r^r a Sri rh aimm�m ue� M M < U. no o W c� c) ® Z O W6 e O Z0 Z � w W � Q n Wo � �r � � O � � 0 � a o Mai m �go2 w R LL th W C? d v ❑ � � W � aLO CO }' ZLO d U) J MOM w ® Z w � ® Q E❑ oo � Z ❑ C7 no i G 15'v3[b�0NYeI'HAngS 9Y dIHSNMOk'9L N011035 � JSVJ C6 J3ltitltf'H1Hus 94 oI NMu1'9L RCLL]JS v ml a W m �❑ Z p� #„Q� s. Q' W X K�Rz� ` �s W n a F y W d”� >3y In NAM§sm E A n aw m a.` Y m} m @ € e y. � s` 'x9x �sr gm€ J N Q J v LU BIDL ad Ell HR 'T El H o z� — ary Avg_ g6 ;also-. =ag @ d N¢zr c gi F�vo BE`-�i z1 RN e ' IJ33NL5 wi>m,-- I€ ___`____ �;` i fir✓ ` —7-- , rl 7 7 IL a >3 I 1�E — �� I - C Ni I i it{� <p'E I I I , I 1 I 4 Nmm�� F a'��� I � �I ' sa �'�°� I I 3 ri 3 a � u 15b3 Eb 3`SNtlM�H1f105 94 dIH5NM01 9L NOf L175 � Q m p = e w o p LL `s°p m a � qz� W oe e" V 4as� b w M tl �§Fle % � xd � € ;�s s _ w w z weA LU � �� _� � ��° aQ �=n =� gay � i } a E'i a ' H 2 p - t ��y7 � � w 4WC on ° "Pli €w Q X900 °' H i $ 3 g� nn LL a o Si �o ° a b i pNo q a�l�' NOR ON g� $e z't9 in- BERM 9 s c sad-mii vas rim 2�e .bc £s ouoo� a000000 s F "r 'D e x� �i7�ffl�� i C Ba NO. a — g��� w" F ' HIS s a gy yh na PMP jai 4 3 § a I 1SN3 FV 30Wd`HMOS A9 dIHSNMOi'9l ND= ° LU �z z� �W_ LLIX3e z U tom-LLi —W Zo nq�j��w '. �� ��" q � gz f m 1 :� Ne q 994 ZO U V1 LU �� n ls4_ a� �e:a ° � ¢�3 3 �, me CJ . Y� v' z 8 8 n p�dodb z to .,n M�lk a e �a gds u Mk ®m x W Eg a yg u - 6 mi I N .gym ga al d � xS ct 35N 'Hlnas 9t dIHsHM91'91 NOLL933 O Z 3L� gyp LLI o o M, OZ n❑LL3w5 wa W�an �a�W C -- CON - 9 P s ao _ g � cq w s s w 's ❑ A5�IATT an _.- --— �{u T _ — —— m lL{1` � a. — MET IRC �,_.� 1 S�:N, � /- G33HI5 ru.+•aR)® L6..54 z _ry° AO g.. � . CNC• � ow c�wa I ,_ 17 l�E1�/ z�S o_ PfAVE RS. CI �..,�.. I _ AYM-d0 Ik aE 'ao � _ ASPHALT 1 s o9 I - V oa a t ��'. •me VP p b a Ids GXA(3) a6 S CLF: F PP .x38 . -' Pj� aWsc WOAD Hdea.1 I ENCF I 14. .fs ASPHALT I <P2 .j ASP LT - € } YS wg i I i I s IN 3 g�i e p Y I I { PL© V9 AgpyA-IMDW$Z sueolviswr+aF wsT..POttra 0 a j CONC �QO' �. p E /.-. �g l I x•',. P ASPHALT 1, mr I I I I e ��'wh 1 3 I I IR gg ai•- tfE ..I $ CONC wILI I II X6.1 1 I _ CRY C4FA 2CIAL j 12 CCNC m J -I .3 PADS a I t I' 1 0• . ccc a LSV?Et M4b 'HNOS 9b diHSHMCl'91 401173S _ LU i of m m Z I11 Q a x .6 O Sreuv�¢�,�� � r LLI ass pp CONC M, -7 Etc c ---------- - - N r I a / avoe vat�nr 9NUSDG =as IS 17 AYM—!0 1HDiu I I I Y g i I .9a� \Y � �. £S� to I r/I t Ny e W wJ I � ur I III I Nil HE I - fl an 1 I �uguh 240 I F 15'v3 E9 39Ntli1'Hlfl05 96 0118NM01'9L NGI,L03Z _ ml g zw oQa f � 'M ji to MI: n% LU pp CONC pp pp in a s!� MIN �Tq a _ S � �10H 1413�N'I�NIl51IC3 x 1 a 1 al I ! III 2a a a .w' � I � 11- a I I 1 � �Iri I €9 � II1 I UONC s I NE 5th Ct c� Q NE 5th St c� ur Z NE 4th St annery ow Ir Ison n 0 o! F$D Cir C roery ow it m c > j a a N M Y n u1 u.] Z Z S annery ow it NE 3rd St NE 3rd St a� Q v w L L z THE DEL NORTH Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal Krejcarek, Director of Environmental Services Department Isaac Kovner, City Engineer THROUGH: Donald B. Cooper, City Manager DATE: January 7, 2015 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 SERVICE AUTHORIZATION NO. 12-05/WANTMAN GROUP,INC.: LWDD L-33 CULVERT REPORT BACKGROUND This is a request for City Commission to approve Service Authorization #12-05 with Wantman Group, Inc. (WG) in the amount of $11,755 for professional services related to the Lake Worth Drainage District (LWDD) L-33 Culvert Assessment Report. In FY 2015, the City has paid the Wantman Group, Inc. $62,421.08 for professional services. The work will be performed based on the requirement of the Piping, Paving & Parking (PPP) License Agreement dated 11/20/2002, executed between the City and LWDD, as recorded in ORB 14438, Page 106, of the Public Records of Palm Beach County, FL. Said Agreement provides that the City is responsible for the maintenance of the piped canal and any associated improvements within the License Area. In order to insure the pipe is structurally sound and free of silt and debris, LWDD Operating Policies require that an inspection of the pipe be made every 5 years and that a Certified Report (signed and sealed by a professional engineer)be provided to LWDD for review and approval. WG provided a proposal in the amount of$11,755 for performing professional services related to the Culvert Assessment Report. The scope of services will include: 1) Prepare a Scope of Work for the City to utilize in the procurement of a General Contractor to perform the cleaning debris removal within the culvert, provide a video of the LWDD L-33 culvert as referenced above and provide an assessment of the findings. The Culvert is located in the LWDD L-33 Canal between Atlantic Ave. and Coral Trace Blvd. 2) Prepare an engineer's certification and certified report signed and sealed by a professional engineer registered in the State of Florida certifying that the culvert is structurally sound and free of silt and debris and/or prepare a recommendation letter identifying required corrective measures to meet certification. The City utilizes engineering consultants retained via RFQ #2012-06 for our Capital Improvement Program as well as for other projects that arise during the course of the fiscal year. WG was retained by the City via RFQ #2102-06 (City Project #12-057). The original agreement with WG was executed on 1/24/12, Amendment No. 1 was approved on 2/25/14 and Amendment No. 2 was approved on 1/20/15. A Copy of the proposed Service Authorization is attached. The recommendation for approval is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00)". FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Consider a request for City Commission to approve Service Authorization #12-05 with Wantman Group, Inc. in the amount of $11,755 for professional services related to the Lake Worth Drainage District L-33 Culvert Assessment Report. TIMING OF THE REQUEST The timing of this request is of high importance, as this Service Authorization needs to be enacted due to keeping in compliance with the LWDD's Piping, Paving and Parking License Agreement. FUNDING SOURCE Funding for Service Authorization #12-05 is available from Account #448-5461-538.46-47 (LWDD L- 33 Culvert). RECOMMENDATION By motion, approve Service Authorization#12-05 with Wantman Group, Inc. in the amount of$11,755 for professional services related to the Lake Worth Drainage District L-33 Culvert Assessment Report. Pi/ �/2002 IO M 17 20020621894 RETURN TO: OR 0H 14438 PS 0106 LAKE WORTH DRAINAGE DISTRICT Palm Beach County, Florida 13081 Military Trail Delray Beach, FL 33484 PREPARED BY: MARK A.PERRY PERRY& KE1,P.A. 50 SE Fourt venue Delray Beael ,,33483 IPING, PAVING & PARKING LICENSE AGREEMENT PROJECT NO.02-6823P.01 THIS AGR ANT entered into this the ZMA day of f— , 2002, by and . 11F� between the LAKEti7TH DRAINAGE DISTRICT, A Special Taxing District in the State of Florida, whose mailing, fit ress is 13081 Military Trail, Delray Beach, Florida 33484, hereinafter referred to TRICT" and THE CITY OF DELRAY BEACH, a municipal corporation, whose mailing;adds is 100 NW First Avenue, Delray Beach, Florida 33444, hereinafter referred to as "LAC>WNER"; and WHEREAS, LANDOWN -'the owner of that certain property located in Palm Beach County, hereinafter referre to ,PROPERTY", more particularly described in Exhibit "A" attached hereto and made a part 'hand fir'"'•�-r 1 WHEREAS, DISTRICT maintain,.5-49d,)c ntrols certain right, title or interest in Lateral Canal No. 33 (L-33 Canal), abutting and can vougo the PROPERTY, and WHEREAS, LANDOWNER has reque hat he DISTRICT grant a License for piping a portion of the DISTRICT'S L-33 Canal, a4d ,t "installation of paving for parking, landscaping, lighting and signage, and the maint naft;�a of same, hereinafter referred to as "LICENSE AREA,", as shown on Exhibit "B", attacheafi'�1°"d made a part hereof. NOW, THEREFORE, for Ten Dollars ($4) and other good and valuable considerations, received by each party from the other, it is t WeOy agreed as follows: 1, The facts above are true and correct. f/` 2. The DISTRICT does hereby grant LAND OWNJR his License to allow LANDOWNER to pipe a portion of DISTRICT'S L-33 Canal`foP�the r- ` . pose of paving for 42-6823P.01 1 BOOK 14438 PAGE 0187 parking, landscaping, lighting and signage, and the maintenance of same, hereinafter referred to as LICENSE AREA, as shown on Exhibit "8" for as long as LANDOWNER is in compliance with the terms of this License Agreement. 3. The DISTRICT'S L-33 Canal within the LICENSE AREA shall be piped by LANDO"RgR within one (1) year from the date of this License Agreement, pursuant to the plans by Matthews Consulting, Inc., signed and sealed Nov. 18, 2002, for Atlantic s High Shoal approved by DISTRICT Nov. 18, 2002; and LANDOWNER shall provide the DISTRI cceptable contractor's performance and completion bond equal to 110 percent of L, IQVVNER'S certified engineer's estimated construction cost. 4. NDQ1tNER shall install landscaping, pursuant to the plans prepared by Matthews Consul"tc., signed and sealed September 4, 2002, for Atlantic High School, .. as approved by DISfiRI;CT Pctober 21, 2002. 5. LANDO`"— shall install lighting, pursuant to the plans prepared by Matthews Consulting, In _ ,.signed and sealed September 4, 2002, for Atlantic High School, as approved by DISTRICT CJ- 121, 2002. 5 6. LANDOWNER shpvide DISTRICT with signed and sealed plans for any sin proposed within the LICENS`"A EA g P p � , prior to the installation, for review and approval by DISTRICT. f " 7. LANDOWNER shall pay A,-b time license fee equal to $15.00 per lineal foot of right-of--way being utilized by LAND � i.e. 701 ft. lineal feet X $15.00 per lineal foot equals TEN THOUSAND FIVE HUND &,TEN AND 00/100 ($10,515.00); together with inspection and administration fees, pur"rV'tp DISTRICT Operating Policies, Section 1.0, in the amount of FOUR HUNDRED SEVEN 4 VO AND 00/100 DOLLARS ($472.00) , ,,-,, shall be nonrefundable once paid. Further, LA�F�0ANNER shall obtain any additional permits required by the DISTRICT and shall pay all assc1 � ci�permit fees. 8. LANDOWNER agrees to maintain their)staHO pipe and its headwalls, landscaping, lighting and signage, and pay all expenses th iAWlved so as to provide at all times that the condition of the pipe remains suitable to fWl the free flow of water through the pipe and further to maintain and keep said impr8veT a good, safe usable condition and also to keep the improvements in compliance with, o�-'dR�ngineering standards 02-6823P.01 2 BOOK 14438 PAGE alga and to perform al I acts of maintenance that the DISTRICT may reasonably require in writing. In the event LANDOWNER fails to effect such maintenance within thirty (30) days after written notice from the DISTRICT demanding same, this License shall automatically be voided and all rights hereunder shall be deemed released, and the DISTRICT shall have the authority trestore the PROPERTY as an open canal and shall have the right to reclaim owne shw. ,\any pipe salvage, and the expenses thereby reasonably incurred (including reasonable at�ney's fees) shall be the responsibility of LANDOWNER. 9. 1--." tPgbut waiver of limitation of liability as provided for in § 766.28 (S) of the Florida St at to the extent permitted by law, LANDOWNER agrees to indemnify and titir ;- hold harmless he DI$TIJCT from any and all liability costs and expenses the DISTRICT may or could sustain It of or emanating out of the piping and usage of its canal right-0f- way, the same incldir�ih'g, �.ut not limited to damage or injury to the actual culvert, paving for parking, landscaping, llii and signage, or to the public arising out of the public's use thereof. 10. To the extentes [ted by §768.28(5), Florida Statutes, LANDOWNER shall hold harmless the DISTRICT for and all damages that may be caused by the DISTRICT to the paving, landscaping, lighting fesignage, in the proper exercise of its responsibilities and obligations of maintenance of its drai4wl' stem- wr 11. To the extent permittea-b�n 68.28(5), Florida Statutes, LANDOWNER shall insure the DISTRICT against any and all`I tees by listing Lake Worth Drainage District as an Additional Named Insured on its self-in '11 program. 12. This License Agreement, unles t rat roatW due to a default of the terms and conditions as provided herein, shall be perpe =aid shall run with the property as an appurtenance. 13. DISTRICT, by entering into this agreeiret Tees to the assignment of this Agreement to the School District of Palm Beach County so- ng as the School District of Palm Beach County agrees to all conditions and terms co ' id. herein. Further, DISTRICT shall have the right to approve in writing any successors anc��asof transfer of any rights or conditions contained in this License Agreement, which a 4 g pl��`f s41 not be unreasonably withheld. A 02-6823P.0 9 3 BOOK 14438 PAGE; 01x9 14. LANDOWNER agrees to pay the reasonable attorney's fees incurred by the DISTRICT in the drafting, reviewing and enforcement of the terms and conditions of the subject Agreement. 15. The parties hereby agree from time to time to execute and deliver such further and other Pnsfers, assignments, and documents and to do all matters and things, which may be convenrr),,\to more effectively and completely carry out the intentions of this License Agreerrr nt,� 1E ! f�btices required or allowed by this Agreement shall be delivered in person or n�i i 4y Certified Mail — Return Receipt Requested, postage prepaid, to the party upon whin such notice is to be given at the following addresses: LANDOWNER.: 1., {,F The City of Defray Beach 100 NW 1"Avenue Delray Beach, FL 33444 ✓,j _, Att: David T. Harden,City Manager ,a Copy to: Susan A Ruby, Esq., City Attorney The City of Delray Beach 4 J 100 NW 1'Avenue / Delray Beach, FL 33444 LWDD: `° rs EKE WORTH DRAINAGE DISTRICT 1781 Mi I itary Trai l �6ty�Beach, FL 33484 ' i 144im G. Winters, Manager Copy to: Marl \ferry, Es q• 50 S.E .e� Avenue Delray IaGF�L 33483 IN WITNESS WHEREOF, the parties have hereunto cu46d this License Agreement the day and year first above written. f , 02-6823P.01 4 BOOK 14438 PAGE 0116 WITNESSES: LAKE WORTH DRAINAGE DISTRICT A Special Taxing District 13 y: Approved alr Form MURRA R. Ll , President and L U iency 13081 Mill ryTrad Delray Beach, FL 33484 4 MUR RA 4RL I , President 13081 Mill ry Trail By. 0 tc-1 Attest: UWAMCUM=7C RONALD L.�CLONE MOM= Assistant Secretary 13081 Military Trai I Delray Beach, FL 33484 Corporatq Sea[ q j ' CITY OF DELRAY BEACH, FLORIDA a municipal corporation e DAVID W. SCHMIDT, Mayor 00 NW First Avenue D Ira each; F� 33444 Approved as to Form L and Le Sufficiency Attest Sufficiency GARITO, City Clerk By: City ity Attorney Corporate Seal 02-6823P.01 5 BOOK 14438 PAGE 0111 STATE OF FLORIDA COUNTY OF PALM BEACH HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County afsaid to take acknowledgments, personally appeared MURRAY R. KALISH and RONALD L"CRONE, the President and Assistant Secretary respectively, of the LAKE WORE ' IAGE DISTRICT, known to me, and who did not flake an oath. WITNES ,�an and official seal in the County and State last aforesaid this the day of j 2002. �1 NOTARY PUBLI =FEXPIREs: raNOt�v y r;, Cc 853228 11,2005�6arkW�.k�c Notary Stamp or Seal �f -M STATE O LORIDA > COUNTY O ALM BEACH I HEREBY CERTIFY at on this day, e, an officer duly authorized in the State and County aforesaid to tak cknowledgmesrsonally appeared DAVID W. SCHMIDT and BARBARA GARITO, the yor and Ci i'- (irk, respectively, of THE CITY OF DELRAY BEACH. They are personally wn to me a produced s identi if� 'rrr,,.artd who did (did not) take an oath. WITNESS my hand and official seal in th Courlvarid State last aforesaid this the day of 2002. NOTARY PUBLIC _ Notary Stamp or Seal 3 02-6823P.01 6 14438 PAGE 0112 SKETCH & DESCRIPTION FOR: A PORTION OF : SECTION 18-46-43, REPLAT OF PART BREEZY RIDGE ESTATES (P.B. 24511:6, P.B.C.R_) do TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 46/55, P.B.C.RJ EXHIBIT wA-" NOTE: NOT A VALID SKETCH UNLESS ACCOMPANIED LAND SCRIPTION: BY ALL SHEETS 1-5 A portion of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: BEGIN a southeast corner of Tract "B", CORAL TRACE, according to the Plat thereof as recce t Book 82, Pages 197 through 201 of the Public Records of Palm Beach County, Flori ;the01°05'55"W, along the east boundary of said Tract "B", 765.05 feet to the northe t.,caxher of said Tract "B"; thence S89°55'27"E, along the south boundary of said plat of CORA',.Tj ,0590.19 feet; thence N00'04'33"E, 200.33 feet; thence N89°53'11"W, 152.92 feet, the precer'. g;.. it courses and distances being along the boundary of said plot of CORAL TRACE; thence N0�'07"1, along the easterly boundary of said plot and its northerly extension, 343.97 feet Attie-south boundary of Tract "E" of said plat of CORAL TRACE; thence S89°45'41"E, along said south bo-andery and along the south boundary of SUDAN -UNIT A, according to the Plat thereof ed in Plat Book 28, Page 144 of the Public Records of Palm Beach County, Florida, a distal ��2.05 feet to the top of the west bank of the Lake Worth Drainage District Equalizer No. the as recorded in Official Records Book 11539, Page 805 and 808 of the Public Records of Po"' each County, Florida; thence S10°36'44"W, 116.41 feet; thence S10 034'40"W, 85.90(rj—''fit ence S1 1'54'42"W, 72.47 feet, the preceding four courses and distances being along so west bank; thence S10°50'53"W, along said top of west bank and along the east boundary,, If.slid lands described in Official Records Book 11643, Pages 1898 and 1902 of the Public Rec6rds-a" im Beach County, Florida, a distance of 80.82 feet, thence S10 20 53 a W, 91.62 feet; th66 1 11°31'52"W, 75.27 feet; thence S12°40'08"W, 8.90 feet; thence N89°53'33"W, 15.26 feet4p the east boundary of said lands described in Official Records Book 8783, Page 443 of,,W4. ublic Records of Palm Beach County, Florida, the preceding five courses and distances beinglng the boundary of the lands described in said Official Records Book 11643, Pages 1898 and O of the Public Records of Palm Beach County, Florida; thence S1 1'54'42"W, along the east=60ugdpry of said lands described in Official Records Book 8783, Page 443 of the Public Recards`y€iPai�Beach County, Florida, a distance of 794.57 feet to the north boundary of the Lake WortNt)'b`i oge District Canal L-33; thence S89°40'57"W along said north boundary, 707.16 feet; thi` e °19'03"E, 35.00 feet; thence S89°40'57"W, 330.99 feet; thence N00°19'03"W, 35.0) cfiet�,�gnfhe POINT OF BEGINNING. TOGETHER WITH; ! '.,J A portion of the REPLAT OF PART BREEZY RI TES, according to the Plat thereof as recorded in Plat Book 24, Page 116, a portion of pl 4,of TEMPLE SINAI OF PALM BEACH COUNTY, according to the Plat thereof as recordeq ('p Vitt Book 46, Page 53, and a portion of said lands described in Official Records Book B783; ?ijg ,43, all of the Public Records of Palm Beach County, Florida, described as follows: COMMENCE at the southeast corner of Tract "B", CORAL i�ACE,- ccording to the Plat thereof as LA DESCRIPTION CONTINUE ON ,y_ `'f;2 5 OIL e- REVI IO S at JOB NO. 7059-5 AVI ® �eA $ C1A`r ply' w SURVEYING &MAPPING SCALE: 1" = 200' 50 S.W. 2ND AVEME, allTE 102 DATE: 9/12/02 EOCA RATOK F.CRMA 33432 TEL, (680 392-2884, FAX MeM 384-7121s DAWN BY. M.M.K. remm Q?OM AVMW&ASSMATES,Ir.ALL RIGKrS RESERVED SHE OF: 5 BOOK 14438 PAGE 0113 SKETCH & DESCRIPTION FOR: A PORTION OF : SECTION 18--46--43, REPLAT OF PART BREEZY RIDGE ESTATES (P.B. 24/116, P.B.C.R.) & TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 46/53, P.B.C.R.) EXHIBIT ®A.' NOTE: NOT A VALID SKETCH UNLESS ACCOMPANIED LAND DESCRIPTION CONTINUE FROM SHEET 1 OF 5 BY ALL SHEETS 1-5 recorded in Not Book 82, Pages 197 through 201 of the Public Records of Palm Beach County, Florida; tbpqce S00°19'03"W, 90.00 feet to the north boundary of said plot of TEMPLE SINAI OF PALM B COUNTY; thence N89°40'57"E, long said north boundary and along the north boundary of 'r of id REPLAT OF PART BREEZY RIDGE ESTATES, a distance of 371.00 feet to the POI OF, NNING; thence continue N89°40'57"E, along the north boundary of said Lot 5 and along boundary of Lots 6 through 10 and the easterly extension of said REPLAT OF PART BREEZY I STATES, a distance of 647.41 feet to the east boundary of said lands described in Official R*e4r ! _Pook 8783, Page 443 of the Public Records of Palm Beach County, Florida; thence S0 ,46�4"W, along said east boundary, 669.56 feet; thence S01°01'56"E, along said east bound4� 189.54 feet to the north right—of—way of West Atlantic Avenue as recorded in Official Records Book-,1�b% Page 33 of the Public Records of Palm Beach County, Florida; thence S71°30'24"W, j6 eet to a point of curvature of a curve concave to the northwest; thence southwesterly alorlc� north right—of--way and along the arc of said curve, having a radius of 2239.01 feet and'a-eentral angle of 04°46'18", a distance of 186.47 feet to a point on the west boundary of Lot 220 aid plot of REPLAT OF PART OF BREEZY RIDGE ESTATES, sad point being on the arc of a ent curve concave to the northeast, a radial fine to said point bears S65°24'17"W; thence along the arc of said curve, having a radius of 40.00 feet and a central angle of 10°05' 1",. distance of 7.05 feet to a point on the easterly extension of the north right—of—way line b ZI' '} tiontic Avenue as dedicated by said plot of TEMPLE SINAI OF PALM BEACH COUNTY, said als o being a point on the orc of a non--tangent curve, concave to the northwest, ❑ radial line to saidpQint bears N13°42'12"W; thence southwesterly along the arc of said curve, having a ra f 2232.01 feet and a central angle of 02°09'02", a distance of 83.78 feet; thence W40'43"E, along the boundary of said plat, 33.95 feet; thence N07°05'26"W, 118.32 feet to mint of curvature of a curve concave to the southwest; thence westerly along the arc of so i ,`cury having a radius of 30.00 feet and a central angle of 90°00'00", a distance of 47.12 fee,bocp S82°54'34"W, 65.62 feet; thence N07 005'26"W, 50.00 feet, thence N01 004'26"W, 4111 9` t, the preceding six courses and distances being along the easterly boundary of said plat o�l PLE SINAI OF PALM BEACH COUNTY; thence N14°01'04"W, 89.31 feet; thence N01°04' 6"W` 00 feet to southerly limits of the cul—de—sac for N.W. 2nd Street as shown on said plat of� SINAI OF PALM BEACH COUNTY and a point on the arc of a non—tangent curve, con ue'tc�4he east, a radial line to said point bears S10°27'46"W; thence northerly and easterly` rfgr-t Q.,ar of said curve, having a radius of 50.00 feet and a central angle of 168 027'48", aii 'J'Ice of 147.01 feet to the west boundary of Lot 5 of said plot of REPLAT OF PART BREEZY R -.� TATES; thence N01°04'26"W, along said west boundary, 69.25 feet; thence N89 040'57"E, alorig o' 35.00 feet south of and parallel with the north boundary of said Lot 5, a distance of 40.b>A6t,,,t nce N01°04'26"E, along a line 40.00 feet east of and parallel with the west boundary 01(sai 'Lot 5, a distance of 35.00 feet to the POINT OF BEGINNING. ,,` Said lands situate in the City of Delray Beach, Palm Beo'unty, Florida and containing 1,850,619 square feet, 42.48 acres, more or less. REVIS ONS TAS AI/IROM &ASSOCIAT r J013 NQ. 7059-5 SURVEYING&MAPPIIAI L SCALE: 1" = 2001 60 S.W. 2ND AVENl1E, SUTE 102 DATE: 9/12/02 BOLA RATON, FLORMA 33432 TEL (881) 392-2694. FAX (6871 394-7128 DRAWN BY: M.M.K. `�'�i;SKD ` ' epzoaz AVMW&Assoc(,TM,MC ALL FUWM RE o. SHEET: ?_ OF' 5 1. BOOK 4 3$ PACE @!14 sKETCH DESCRIPTION FOA PORTION OF : SECTION 18-46-43, REPLAT OF t"AH I BREEZY RIDGE ESTATES (P.B. 24/116, P.B.C.RJ F .- TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 46/53, P.B.C.R.) IT N TE: NOT A VALID SKETCH UNLESS ACCOMPANIED BY ALL SHEETS 1--5 NOTE, 1. epr�u% ions of this Sketch are not valid without the signoture and the original raised s of rido licensed surveyor and mapper. 2. Nor jfii,qpinion or Abstract to the subject property has been provided. It is possible that, tae er re©eeds, Easements, or other instruments (recorded or unrecorded) which may affec ubject property. No search of the Public Records has been mode by the Survey.-. fis� 3. The Ion d scFption shown hereon was prepared by the Surveyor. 4. Bearings shown tare8n are based on the plat CORAL TRACE with the east line of Tract "B", having a beaOng�d 01°05'55"W. 5. Data shown N,1, ti Was compiled from instruments) of record and does not constitute a boundary survey::J 6. Abbreviation Legend: 13M. = Boundary; A = Central Angle; D.E. = Drainage Easement; EXT. _ Extension; L = Arc@a9~t B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plot Book; P.B.C.R. = Pain aek County Records; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Begin frig;. .O.C. = Point of Commencement; R = Radius; R/W = Right-of- Way. ,`.. f Nj f • 7 F J CERTIFICATION: I HEREBY CERTIFY that the attached Sketch de'cription of the hereon described property is true and correct to the best of my knowle a oa- belief as prepared under my direction. FURTHER CERTIFY that this Sketch and Descri #lion rr t� the Minimum Technical Standprds sef forth in Chapter 61G17-6, Florida Administrative pd-e,� ursuant to Section 4�?.,O�7, Florida` Statutes. - °��`3 t. Date: ----------•---------- :.------ --- .Q MGHAED-AVIRQh+4 Flo 49 R'eglstrotion Na AVII ,•&-ASSOC L.B. No; 3b ,�[[� Oi/PoZ. ,mil.-;,;.�•�,� - ? t} REVISIONS IL AVIROM &A880CIATEG, A JOB PLO. 7059-5 SURVEYING &MAPPING-= `" SCALE: r = 200' 10 S.W. 2ND AVEM F- SUTE 102 ®ATE° 9/12/fl2 B A RATOK FL. IDA 3:3432 TEL.. (660 382-2504, FAX Mai) 884-7125 DRAWN BY: M.M.K. sr ` cp2002 AV MW&ASSOCTATES,JW-ALL Faairs FESBZVED. SHEET: 3 OF- 5 Hlt?K 1 4438 PAGE 0115 SKETCH & DESCRIPTION FOR: A PORTION OF : SECTION 18-46-43, REPLAT OF PART BREEZY RIDGE ESTATES (P.B. 24/116, P.B.C.R.) & TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 46/53, P.B.C.R.) NOTE: EXHIBIT 'wkl NOT A VALID SKETCH UNLESS ACCOMPANIED BLOCK 1 - "SUDAN -- UNIT A" BY ALL SHEETS 1-5 CORAL TRACE (P.B. 28/144, P.B.C.R.) (P.B. 82/197-201, P.B.C.R.) SOUTH BDY. OF "SUDAN - UNIT A" TRf "E" (OWENS BAKER ROAD) 14 \`3/ 1 r '\ -- - --S89°45`41"E-�- 90205' CITY OF RA CH SOUTH BDY. TRACT "E" S10 o 36 44"W O.R.H. 3513h679-'NO* IKJC DED) NORTHERLY EXT. 116.41' 1 1 - -1 EASTERLY BDY. S 10°34'4©"W CORAL TRACE ' 85.91' o tea, 1 f Quo S 11"54'42"W CORAL ACE 72.47' f � (P.B. 82/197-201, P,'Vff) o EASTERLY BDY. 810950`53"W qa� t CORAL TRACE 80+ 2, 1 f m z S10020'53"W 91.62 r 0 52 92 1 S 11°31'52"W �! o '°o N.E. CORNER Vs,pJ (}4'33"E 75.27' 1 ;, TRACT "B" r` 00.33' rr! QUIT CLAIM [O.R.B, 11643/1898& 1902, P.B.C.R.) S89°55'27"E 60C f SOUTH BDY. OF CORAL T C N89'53'33'W 15.20' 1 �� CORAL TRACE BLVD. R/W TRACT "B" O (P.B. 82/197-201,P.B.C.R.) f 60' ROADWAY ti (O.R.B. 9836/565, P-B.C.R,) ; QUIT CLAIM DEED &D.E.—�f (O.R_B. 8783/443, P.B.C.R.) EAST BDY, OF TRACT "8" �'~? f �,>,§HEET 4 OF a 1 T5 OF5 } IV) NORTH BDY, OF 1 j ANAL L-33 f _ .- 40 CENTER 1 C5 LLi m 60' O C =w gj SECTION 1871 f ki, of 0 u°a m P.O.B. i S89°40' W: :; 07.16' f z.. L. V.®.D. )CANAL N89°40'57"E - / f REVISIONS but AVIROM &ASSOCIATP�§,�la— JOB No. 7059-5 SURVEYING &MAPPING SCALE, I" = 200' 50 S.W. 2ND AVEl+II,JE. BUTE 102 DATE: 9/12/02 BOCA RATON. FLORIDA 83432 TEL. (6B1) 392-2884, FAX (5811 394-7125 DRAWN BY: M.M.K. rshro �°' Q20M AViROM a ASSOCUTES,IW,ALL lWiTS RESBVm. SHEET: 4 OF 5 SKETCH & DESCRIPTION FOR: 8D0K 14438 PAGE 0116 FA ORTION OF : SECTION 18-46-43, REPLAT OF PAK I BREEZY RIDGE ESTATES (P.8. 241116, P.B.C.R.) & TEMPLE SINAI OF PALM BEACH COUNTY (P.B. 46/53, P.B.C.R.) EXHIBIT •A - - - - - - - - - - - - - - - - - - - - - t -SHEET 4 OF 5 m SHEET 5 OF 5 0a 10 NORTH BDY. OF _ j` flyg L.W.D-D. CANAL L-33 m I f 0 I f tsgF ® 50' f!7 O m r® I CENTER OF ' .� 0®M = ®C? SECTION 18-46-43 ! y g 1 ' ..... fi f r�s 4n r+7 m �a +�re3 P.®.18. I S89°40'57"W 70T.16° L. BANAL L- 3 >{ :. N89 040'5T"E 647.4 V— - - LO o N89°40'57"E m� 371.00 4 � L5 5 6 7 I' 8 9 ' ! f o L4 N.W. 2ntlTREET \ a i f 10°27'46"W - � ti 1 1 1 f v a ; (RADIAL) ( 1 52 51 4 1 f [p a Li 72' I 53 L2 a o r f f m cu I I 13 �f Li N aO ;° 47 % �fj ig ��f Ja < ai �V w +�--� A Y� I f 0 O o 40 I ' 39 cp 46 w � f� 15 f CV WD �J 41 38 NOTE: w 45 45 RE PLAT OF PART f f 16 ! c NOT A VALID SKETCH ~ a L BREEZY RIDGEf-ESTATES UNLESS ACCOMPANIES] P.B. 24/116, P.B-C.R.) f 17f 8Y ALL SHEETS 1-5 136 LINE DIRECTIO9N —DISTANCE N ' 4 `'" % ; 18 LO L1 N14 O1 04 W 89.31 L2 N01°04'26"W 66.00' \50.00 ': r L3 N01*04'26'W , 69.25% S82®Fi4° 62' C4 „ 4 21 \' 2 2y� 5� I R L4 N89 40 57 E 40.00 N�(} +28.oW --6D� '�024 1 L5 NO 1°04'26"W 35.00' 118.3c° � ES� 2� CURVE RADIUS LENGTH DELTA 22-.-,- N 12 �3J°4® &$3 � �2� - G1—, Ogg- C1 2239.01' 186.47' 04046'18 33.95 G3 C2-i .501 C2 40.00' 7.05' 10°05'31" "T1® �1�• ffC4 2232.D1' 83.78' 02"09'02 30.0 0' 4712' 90°00'00"50.00' 147.01' 1G8°27°48” NORTH R/W LINE PER R$ �`/ P.$.C.R. REVISIONS AVIR®IaA &���Q i T JOB NO. 7053-5 SURVEYING&MAPPING SCALE: 1" = 200' 50 G.W. 2ND AVER, SUITE 102 DATE: 9/12/02 BOCA RAT®N. FL®RI®W 334,32 z0I�1 TE FAX RESERVED t25 DRAWN BY: M.M.K�n TEL. VI SS I s AL rs . SHEET: 5 OF: 5 BOOK 14430 MCC 0 117 SKETCH & DESCRIPTION LAND DESCRIPTION: EXHIBIT 'B" A portion of Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, and a portion of the REPLAT OF PART BREEZY RIDGE ESTATES, according to the Plot thereof as recorded in Plat Book 24, Page 116 of the Pubic Records of Palm Beach County, Florida, described as follows: COMMENCE at the southeast corner of Tract "B", CORAL TRACE, according to the Plat thereof as recorded in Plat Book 82, Pages 197 through W of the Public Records of Palm Beach County, Florida; thence N89°40'57"E, along the easterly extension of the sout�Aj�e of said Tract "B", 330.99 feet to the POINT OF BEGINNING; thence continue N89°40'57"E, along said east J.V, es n, 707.16 feet to the east boundary of said lands described in Official Records Book 8783, Page 443 of the ublic, rds of Potm Beach County, Florida; thence S11°54'42"W, along said east boundary, 71.63 feet; thence S89°40'57-"- feet; thence S08°26'04"W, 35.41 feet to the easterly extension of a fine 15 feet south of and parallel with the n�rt aifi o�ots 5 through 10 of the plot REPLAT OF PART.BREEZY RIDGE ESTATES, according to the Plat thereof as recor�e&& lot Book 24, Page 116 of the Public Records of Palm Beach County, Florida, the preceding three courses and dis*'e-d E�jiug along the boundary of said lands described in Official Records Book 8783, Page 443 of the Public Records of Pleb each County, Florida; thence S89°40'57"W, along said line 15 feet south of and parallel with the north line of said Lots 5-Ihrbugh 10, a distance of 644.90 feet; thence S01°04'26"E, along a line 40.00 east of and parallel with the west liraf 5 of said plat REPLAT OF PART BREEZY RIDGE ESTATES, o distance of 20.00 feet; thence S89°40'57"W, along dIe . .00 feet south of and parallel with the north line of said Lot 5, a distance of 40-00 feet to the west fine of said Lo' ,5; thence NO1°04'26"W, along said west line, 35.00 feet to the northwest corner of said Lot 5; thence NOO°19'03"W, 9 feet to the POINT OF BEGINNING. Said lands situate in the City of flt each, Palm Beach County, Florida and containing 73,841 square feet, 1.70 acres, more or less. 4 'F - NOTES: .: 1. Reproductions of this Sketch are not valid 'thout the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the su� property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or r!4_,9 orded) which may affect the subject property. No search of the Public Records has been made by the Surveya 3. The land description shown hereon was prepareWA Surveyor. 4. Bearings shown hereon are based on the plat C604 ,F[RACE with the south fine of Tract "B", having a bearing of N89°40'57"E. �= f > 5. Data shown hereon was compiled from instrurn fs -bfl record and does not constitute a boundary survey. 6. Abbreviation Legend: D.E. = Drainage Easement; EXT. -0"a; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plat Book; P.B.C.R. = Palm Beach County�f ofdq-?G. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Cammen ntk`_Rl(V = Right—of—Way. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of t �h' n escribed property is true and Correct to the best of my knowledge and belief as prepared under my direction. I FUR IFY that this Sketch,and,Desiription meets the Minimum Technical Standards set forth in Chapter 61G17-6, Flori ( :(Ilriinistrafive Code, pT,syolit td,5i c ion 472.027, Florida Stotutees. Date: --- -- ,' h CHAEL :'AVfROn, P.L'!S' l v lar` a r n•No: 3269 FF ASsC .A-TtS, ,iNd..' Pee- f�y�z L' FPQfl� L REVISIONS GENERAL REVISION 11/18/02 AVIROM &ASSOCIATES-4 S EE: ,3" i:,100' SURVEYINC3&ii1�1APPiNO 50 S.W 2ND AVEI E, SUITE 102 p . F; „..4/13/02 BOCA RATOK FLORIDA 33432 �1TEL. (651) 392-2504, PAX (561) 394-7125 DRAWN B`�: M.M.K. 090 Q2002 A VIROM&ASSOCIATES,MALL RIGHTS RESERVED. SHEET, 1 OF: 2 BOOK 14439 PAGE 0118 SKETCH & DESCRIPTION Dorothy H. Wilken, Clerk N89'40'57"E -EAST t/4 2287.29' (C) CORNER OF y SECTION 18-46-43 S08026'04'W [EXHIBIT "B" QUIT CLAIM DEED & D_E.�-� tC>.R.6. 8783/443, (O.R8. CL4i& p S11®54'42'W A ,CD.RJ� 71.63' I rs' ALLEy(P -�- �, AK14TF! I a) I 12 1 . ti 15' EASEMENT (a.:13.�k�4/778, P.B.C.R.) 10 �. �a .� 15' � i W. ATLANTIC 000 i AVENIJK.. y 1 116,P.B.C.R.) ¢`'—! t" co ( I U) I f Ld 51 a(i I » NORTH LINE OF LOTS 4 H O 10 R1. n? 1, h°LU uj m ( 52 CENTER OF SECTION t8-4�- m � F - _ - - -- °--- --�"�-ref' -- aN�e�---- {� 64 70' 17 0 ° i fIf r 0 f 53 CL F'f 7 S01®04'26"E EASTERLY EXTENSION � 'y, 20.00 54 SOUTH LINE OF TRACT "B° ad o a ✓ If 5 N81°330.99 SSQ°40'57 W rp 40.00' P.O.C. I y WEST LINE OF LOT 5 S.E. CORNER TRACT "B" - CORAL TRACE I p E°\. (P.B. 82/197-201, P_B.C.R.) g too r rn r T� €1PL8 SINAI OF' c°o SOUTH LINE OF TRACT "B" H COUNTY si J �� gy4 )'53, P.B.C.R.) REVISIONS GENERAL REVISION AVIRO &ASSOCIAT JOB . 7059-5A 11/18/02 SURVEYING &MAPPING • SCALE: �,� = 100' am S.W. a Av�a�u�. �ui� 'a DATE: 9r 13iD2 BOLA RATOKL FLORA 338432 "EL. (661) 392-2594, FAX (661) 384-7125, DRAWN BY: M.M.K. '4QL7SHED ©2(*2 AVIROM&ASSOCIATES,INC.ALL RIaITS RESERVED. SHEET: 2 ®F• 2 CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO, FOR ENGINEERING CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE #448-5461-538.46-47 CITY PROJECT NO. 15-063 CONSULTANT PROJECT NO. TITLE: Lake Worth Drainage District (LWDD) L-33 Culvert Conditions Assessment Report and certification coordination including: 1)The preparation of a scope of work and assistance in the preparation of a bid package for a contactor to perform the culvert cleaning and debris -removal, provide a video of the culvert and provide a written condition assessment report of the culvert after the culvert has been cleaned by the contractor. 2) Provide an Engineer' s recommendation letter for corrective measures and/or an Engineer' s certification per the requirements of the Lake Worth drainage District (LWDD) ?piping, Paving and Parking License Agreement between the City of Delray Beach (City) and the LWDD. The above services will be completed based on the Contract between the City of Delray Beach and the Wantman Group, Inc. dated 4-26-20112. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. Title: Agreement for General Consulting Engineering Services i . PROJECT DESCRIPTION Prepare a Scope of Work for a contractor to perform the culvert cleaning and assessment report, a conditions analvsis of the culvert and certification of the condition of the culvert as referenced in the Piping, Paving and Parking License Agreement, for the Culvert located in the LWDD L-33 Canal between Atlantic Avenue & Coral Trace Boulevard within the Atlantic nigh School property. This work ww11 be pe?WGrmed based on the requirement of the PIP'ng, Poi- g and Parking License wreenent executed between the City of Delray Beach with the LWDD, as recorded in ORE 14438, Page 106, of the Public ?records of Palm Beach County, Florida. EM WG I Said Piping, Paving and Parking License Agreement provides that the City of Delray Beach is responsible for the maintenance of the piped canal and any associated improvements within the License Area. In order to insure the pipe is structurally send and free of silt and debris, LWDD Operating Policies require that an inspection of the pipe be made every .five (5) years and a, certified report signed and sealed by a professional Florida Engineer be provided to LWDD for review and approval, Assist the Ll y in, the prepa at on of bi'd documents for the selection of contrac`or to perform .he culvert si-lt and debris re.—oval and prepare an assessment report. II . SCOWS OF SERVICES Phase I- Study and Report Phase a. Prepare a Scope-of-Work for the City to utilize in the procurement of a contractor to perform the cleaning and debris removal within the culvert, provide a video of the LWDD L-33 culvert as referenced above and provide an assessment report of the findings. b. Prepare an engineer' s certification and certified report. signed and sealed by a professional engineer registered in the State of Florida certifying that the culvert is structurally sound and free of silt and debris and/or prepare a recommendation letter as to any corrective measures need to be taker, to be able to certify the culvert is structurally sound and free of silt and debris. Phase II - Preliminary Design Phase Not Applicable. Prase III - Final. Design Phase Not Applicable. Phase !V - Bidding/Negotiation Phase a. Prepare bid docur.,ients ircluding specification=s for the silt and debris removal inside the culvert and an assessment report for the LWDD L--33 Culvert. b. Assist the city with the advertising and notification of the bid, c. Review bids and prepare bid tabulations. d. Prepare an assessment of bid tabulations and provide the City a bid reco nLendation letter. WGI ,w�.wantmangrouPA:. P?�ase V - onstruct__Jon. Admi 4 s-ratlon ............ Not Appll cable .III . COMPENSATION The compensation for services provided shall be billed on a Lump Sum basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Met,-hod IT, up to the following not- to-exceed cost for each phase. Engineering Services Estimated Fees Phase I Study and Report Phase Phase il Preliminary Design Phase (Not Applicable) ---- Phase III - Final Design Phase (Not -Applicable) --- Phase !V Bidding/Negotiati-ria Phase $6,390.0.0 Phase V Construction Admin. Phase (Not Applicable) --- Reimbursable Total Compensation $11, 755.00 IV. COMPLETION DATE To be completed by: Sixty i60'i days from -receipt of authorization to proceed by the City. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. if the City in its sole discretion is unsatisfied 1th the services provided in the previous phase or service autborization, the City may terminate the contract without incurring any further liability. WG_T shall commence work on any service authorization approved by the City to be included as part- of the contract without a further notice to proceed. EWWGI ,,wantmangroLp-; Approved by: CITY OF DF, RAY BEACH: WGI: Wantman Crow, Inc. Date Gate by: Mayor (Seal) Wl.LnaSS , Wi tress Attest: BEFORE M"F the foregoi%instruinent, this day Of , 2015, was acknowledged by Approved as to Lecsal on behalf of the CorporLion Sufficiency and Fora and said person executed the saiaetfree and voluntarily for the purpose there-in expressed. Witness env hand and seal in the County and State a foresaid this day of 2015. Notary Public State of Florida My Commission Expires FiY PAULA MILLER • P `p Le`�: Notary Public-State of Florida :F My Comm.Expires Nov 29.2016 Commission#EE 854872 Bonded Through National Notary Assn IWWGJ ' F -w n ae K ii A w F .Es3d uapy..: I W 4 3 3 �N t L m i � a° +g w, � +6n 4?Hr:ldsa,: w WAN 11 a m: a Wig M Q » Q � � m � Li�z e c a0 e '�y J; MOVE a n 41 c®.Y m K 1 i toe + F tO • r ; Ate m 1' x �. ,I w } T k i 00 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., Environmental Services Director William A. Grieve, P.E., Assistant City Engineer Isaac Kovner, P.E., City Engineer THROUGH: Donald B. Cooper, City Manager DATE: January 22, 2015 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 AMENDMENT TO SERVICE AUTHORIZATION NO. 12-13.1/MATHEWS CONSULTING, INC./LAKE IDA DRAINAGE IMPROVEMENTS BACKGROUND The City of Delray Beach previously selected Mathews Consulting, Inc. to prepare drainage plans, for the Lake Ida Drainage Project, under Service Authorization No. 12-13. The Lake Ida Area Drainage Project includes improvements on NW 12th Street and NW 3rd Avenue, to address standing water issues, on NW 3rd Ave and NW 12th Street, after heavy rainfall events. Since starting the drainage design, staff has received numerous issues/complaints of low water pressure and poor flow rates on N.W. 3rd Avenue between NW I Ith Street to the north end of NW 3rd Avenue. As a result, staff has accelerated the replacement the existing two (2) inch watermain with an eight(8) inch watermain. Since Mathews Consulting Inc. is currently designing the proposed drainage improvements therefore it is logical to have the same consultant design the water main improvements. Both projects will be constructed under one contract. This Service Authorization Amendment includes design, permitting and bidding services relating to the water main scope of work. Original Service Authorization No. 12-13 with Mathews Consulting Inc. is in the amount of$62,696.00 and this Service Authorization Amendment No. 12-13.1 is in the amount of $14,911.00 for a total of $77,607.00. Total paid, in FY 2015, to Mathews Consulting Inc. is: $116,888.96. See attached listing of current consultant contracts. The City utilized engineering consultants retained via RFQ #2012-06 which is in accordance with Section 287.055 Florida Statutes for the procurement of Professional Architects, Engineers, Landscape Architects, Land Surveyors and Mapper services by Government agencies. The original General Services agreement, with Mathews Consulting Inc., was executed on January 24, 2012. Amendment No. I was executed in January 2014 extending the agreement for one year and Amendment No. 2 was executed in January 20, 2014 extending the agreement for one year. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3) and 36.03(B). Copies of the Service Authorization and project Location Map are attached for review. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Consider approval of a Service Authorization No. 12-13.1 with Mathews Consulting Inc. in the amount of$14,911.00 for professional design services (RFQ #2012-06) related to water main improvements in conjunction with the Lake Ida Drainage Improvements Project (Project No. 13-072). This Service Authorization includes design,permitting and bidding services. TIMING OF THE REOUEST Timing of this request is of high importance because the watermain design needs to be incorporated into the nearly completed drainage design. FUNDING SOURCE Funding is available from account#442-5178-536-65.98 (after budget transfer) RECOMMENDATION By motion, approve Service Authorization No. 12-13.1 with Mathews Consulting Inc. in the amount of $14,911.00 related to Project No. 13-072. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12-13.1 FOR CONSULTING SERVICES CITY P.O.NO. 698442 CITY EXPENSE CODE: CITY PROJECT NO. 13-072 MATHEWS CONSULT. PROJECT NO. 1760 TITLE: Lake Ida Drainage Improvements This Amendment No. 1, when executed, shall be incorporated in and shall become an integral part of Consulting Service Authorization No, 12-13.1. TITLE: Agreement for General Consulting Services_ L PROJECT DESCRIPTION This Amendment No. 1 provides engineering services for additional design components that were added to the project area. The additional work is required to upsize existing 21/2 -inch water mains along NW 3rd Avenue. The additional project components consist of: • Water Main replacement (approximately 400 LF of 8" WM) along NW 3rd Avenue from NW 12th Street to NW 11th Street. Connections will be made to the existing 8" water main on NW 3rd Avenue and NW 11th Street using wet taps or cut-in-sleeves and line stops. • Water Main replacement (approximately 500 LF of 6"/8" WM) along NW 3rd Avenue from Grove Way to end of street. Connection will be made to the existing 8" water main on NW 3rd Avenue using wet tap or cut-in-sleeve and line stop. • Approximately twelve (12) water services will be to be reconnected. • Roadway restoration will only consist of pavement trench repair and mill & overlay. • The existing 2 '/2 -inch water mains in the project area will be removed if located in the grass area or if located within 3-ft. of the new water main pavement trench. The existing water mains will be abandoned in place if located in the roadway and more than 3-ft. from the new water main pavement trench. • Provide swales. Lake Ida Drainage-Amendmentl Contract 11/04/14 1 II. SCOPE OF SERVICES Phase I—Study and Report Phase Not Applicable. Phase II—Preliminary Design Phase Not Applicable. Phase III—Final DesiLyn Phase Consultant shall provide final design phase services in accordance with Article III.0 of the Agreement for Engineering Services with the City, dated January 24, 2012. 1. Field Investigation: Field reconnaissance of the proposed pipeline alignment shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. 2. Utility Coordination: Coordination with utility agencies (electric, phone, gas, and cable TV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Design Drawings: Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" — 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2012 format and available As-Built Drawings. Consultant shall coordinate with the City in order to design the proposed reclaimed water transmission/distribution piping in accordance with the requirements and design standards of the City. Drawings(two copies) shall be submitted for City review at 100% Stages.. 4. Specifications: Contract documents consisting of "front-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Specifications (two copies) shall be submitted for_City review at the 100% stages. 5. Cost Estimate: At the 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the level of design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Opinion of probable construction cost(two copies) shall be submitted for City review at the 100% stages. Lake Ida Drainage-Amendment I Contract 11/04/14 2 7. QA/QC: Consultant shall provide internal QA/QC reviews on the 75% and 100% Design Documents (e.g. drawings, specifications and cost estimates). Other—Permitting The water main work will require a water main permit that will be submitted to the PBCHD. Other— Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. The control will be referenced from the Palm Beach Count Control Network which is the North American Datum of 1983 and the 1990 adjustment for horizontal control and the National Geodetic Vertical Datum of 1929 for vertical control. All existing facilities and utilities within the established project limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV,Natural Gas, Potable Water(pipe diameter, TOP, valves, fire hydrants, and meters), Reclaimed Water Mains (pipe diameter, TOP and valves), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. C. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. Lake Ida Drainage-Amendment)Contract 11/04/14 3 e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. • The above topographical survey data will be prepared in AutoCAD (Version 2012) format at a scale of I"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. Other—Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately twelve (12) utility locations will need to be pot-holed. III. TIME OF PERFORMANCE The work will add an additional forty-five (45) calendar days to the design and permitting time- frame. VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment for budget summary. Engineering Services Estimated fees Phase III—Final Design Phase $ 5,721.00 Permitting $ 302.00 Surveying $ 5,015.00 Field Verification $ 3,853.00 Out-of-Pocket Expenses $ 100.0011) TOTAL PROJECT COST $ 14,911.00 Notes: (1)Out-of-Pocket Expenses include the following:printing/reproduction and postage. Lake Ida Drainage-Amendmentl Contract 11/04/14 4 This Service Authorization Amendment No. 1 is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization Amendment No. 1 to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Date: Y — t s— Terrance Stewart, City Manager (Interim) David Mathews, P.E., Vice President C Witness Attest: Approved as to Legal Sufficiency and form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2014 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to met or (has pro uced identification), Florida Driver's License and (did/did not) take an oath. 6 Bn N„ yWN A P 4 MY COMMISSION#FF 168833 lhiA, a EXPIRES;October 15,2018 ignature of person t king Banded 7hru Notary Public Underwriters acknowledgement Lake Ida Drainage-AmendmentI Contract 11/04/14 5 U C C 3 O U L a V C) O Y 7 O O 11 !i [fT efi I O co ti- ON) ~p 0) 0) CO eT ti N° O N M c co LO m LO `r J 64 U)U3 69 S,U3 Uf n fR '. I I I V cn IN QI. N'M� ID ro Ec U to Y5 a�i 3 U> 2 rn C co C N v m 'C C r "r V Q N N E O O U r N (n � I m - I N o O 47 N C r CA C4 Ip, N `) c . O f/d Q iv m y m C ui N N c0 co � O � ti 2 E ti to N Q 3 N'rnV N rNrV � ' m ui as � � I LO C'4 CA N 0 U)(0 ta CE m 0 0 0 U ) LD i N i G I O U Uf C) C C a ,U O O C CD N N@ N LC N N C ' �q N �w!:a� N p O K T 0 y U C U p O C aj N Im O �'C w G) cn,C i(� L N •y'0 �'� .0 G m m C S O N N N F Y u T cA U C! m a a;a a n,a f6 t6 10 � F iL ai co ri m m m a U iL .J I.a;—j CO W'tn Q) _ t �a k J ' Q N.W. 17TH ST. N.W, 17TH ST. N-W. 17TH ST. z 1 I J LA KE DRIVE 16TH ST- I I I o z w wi N I z z G 4 N.W 15TH ST. I� l N.W. 14TH ST. I i Q � k � I z ; N.W. 3TH ST. II k L A K Qfiv P� ° f n A r N. J. ?LTl STREET T I � °� M rZrHST. N-W, 12TH ST- w z fl I� Z > C m Q N.W. 11TH ST. 0 z o z o z 3 I HISISC S LADE Q W a a 2 �n GGE N Wr. 9TH ST. Lj a Q a LAKE SH 3RE DRIVE I ° r ° w NX 8TH ST, }r 7 Z Q N S' y I N.W. 7TH ST. k O N T/ i o GARDENIA TERRACE ® CITY of DELRAY BEACH NW 3RD AVE DATE 12,3 0,2014 d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP aw 3RD AVE L°cunP 434 SOUTH SWWON AVE NUF-DE-RAY BEACH,FLOFiaA 33494 2013-072 1 OF 1 c'ri O O O iC iC � Vl N r O 'y 'y 'y O O O M N 0 IO Vl IO M 01 IC VJ C O 01 N 7 N r- 00 O A r- r- Ic V A 69 7 � 0.1 0 •O Qr '�' '�' Qr a a a'a � 0 0 0 0 0 0 0 0 0 0 vi o o � M `'. r- +� C, C M o t r O f3 M Vl 7 01 M Vl Vl O O Y R O ° O O O O o -o OOOO o 4 �O M C,01 O O W N A A VJ O O O V Y V M N v � R CJ > V] C M O V V V] V] w w MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director of Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: January 20, 2015 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 RESOLUTION NO. 10-15 REOUEST TO USE TROLLEY FOR PLUMOSA SCHOOL OF THE ARTS FOUNDATION EVENT BACKGROUND Plumosa School of the Arts Foundation is hosting its second major musical event at the Plumosa School of the Arts Auditorium. The featured artist is Dana Leong Trio. Dana Leong plays the electric cello that features futuristic classical music. The event is scheduled for Friday, February 20, 2015. The Plumosa Foundation is requesting the use of one Downtown Roundabout Trolley from 5:00-10:00 p.m. to shuttle patrons back and forth from the auditorium parking lot to the Police substation parking lot which is located across the street from the school. They anticipate 600 patrons will be attending the event. In return, if the venue makes a profit the foundation is willing to donate $500.00 to the Campaign for Grade Level Reading (GLR) to purchase books for the summer backpack program for children that attend Plumosa. This supports the action steps outlined in the GLR Community Solution Action Plan and is a "win-win" for both entities. This is the same request that was approved by the City Commission in 2013 for the Plumosa School of the Arts initial event that featured the Black Violinist. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Consideration to approve Resolution No. 10-15 for the in-kind donation of a Downtown Roundabout Trolley for the Plumosa School of the Arts event on February 20, 2015. OPERATING COST The Parking Management Specialist has valued the cost to operate the trolley at $165.00 (5 hours x $33 for the driver= $165). TIMING OF THE REQUEST This request is time sensitive as the event is to be held at the end of February and if the Commission does not approve the request the school will need to find an alternative shuttle service. RECOMMENDATION Staff recommends to the City Manager approval of Resolution No.10-15 for the in-kind donation of the use of one Trolley on February 20, 2015 for the Plumosa School of the Arts event from 5:00-10:00 p.m. with the understanding that the Foundation will donate $500.00 back to the City that will be put towards the Campaign for Grade-Level Reading initiative. RESOLUTION NO. 10-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO DONATE THE USE OF ONE DOWNTOWN ROUNDABOUT TROLLEY TO THE PLUMOSA SCHOOL OF THE ARTS FOUNDATION TO PROVIDE PUBLIC TRANSPORTATION TO THE MUSICAL EVENT TO BE HELD AT THE SCHOOL ON FRIDAY, FEBRUARY 20, 2015;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Plumosa School of the Arts Foundation is hosting a musical event at the Plumosa School of the Arts auditorium from 6:00 p.m. to 9:00 p.m. on Friday, February 20, 2015;and WHEREAS, it is estimated that approximately 600 patrons will attend the event. Due to the volume of participants, the parking lot next to the police substation building that is owned by the Palm Beach County School Board will be used for additional parking; and WHEREAS, the City desires to support this event by donating the use of one downtown roundabout trolley to the school for the purpose of transporting patrons from the additional parking lot to the event;and WHEREAS, the estimated timeframe for use of the trolley is 5 p.m. to 10 p.m. The City's parking management specialist has determined that the cost to operate the trolley for this event is $165;and WHEREAS, the donation of the trolley serves the public purpose of protecting the safety of patrons and improving traffic flow on the day of the event. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the Mayor and the City Commission hereby authorize an in-kind donation to the Plumosa School of the Arts Foundation consisting of the use of one downtown roundabout trolley between 5 p.m. and 10 p.m. on Friday, February 20, 2015 to transport patrons of a musical event to be held at the Plumosa School of the Arts. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on the day of , 2015. ATTEST: City Clerk MAYOR ACORO0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11512015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Susan Weaver RRL Insurance Agency PHONE.,EXt:800-407-4077 A/c No:321-752-7980 4450 W. Eau Gallie Blvd., Suite 115 EMAIL ss:sweaver rrl-ins.com Melbourne FL 32934 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:ESseX Ins CO 39020 INSURED 06UNIQUTRAN5 INSURERB:National Liability& Fire Insurance Unique Transportation INSURERC:General Star Indemnity Company 5061 NW 13th Avenue, Suite#J INSURER D: Pompano Beach FL 33064 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:2030736639 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MWDD A GENERAL LIABILITY DS1047 1/11/2014 /11/2015 EACH OCCURRENCE $1,000,000 X COM -PREMISES MERCIALGENERALLIABILITY PREMISES Ea occurrence) $100,000 CLAIMS-MADE IT] OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $1,000,000 POLICY PRO ECT LOC $ J B AUTOMOBILE LIABILITY 73APR303490 /1/2014 /1/2015 MBIN'-U Ea accident $1,500,000 ANY AUTO BODI LY I NJURY(Per person) $ ALLOWNED X SCHEDULED BODI LY I NJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident C UMBRELLA LIAB X OCCUR IXG926030 51112014 51112015 EACH OCCURRENCE $3,500,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE F—] N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is named as additional insured with respect to the operations of the named insured only. Additional insured The City of Delray Beach, CRA, SFRTA and County-Providing Trolley Service throughout the City of Delray Beach CERTIFICATE HOLDER CANCELLATION 30 DAYS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach Delray Community Redevelopment ACCORDANCE WITH THE POLICY PROVISIONS. Agency& Palm Beach Co Board of Co Commissioners 100 NW 1 st Ave AUTHORIZED REPRESENTATIV Delray Beach FL 33444 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper DATE: January 15, 2015 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 K-9 SALE AND HOLD HARMLESS AGREEMENT BACKGROUND This is an Agreement between the City of Delray Beach and Adam Margolis to retire the K-9 Max for the sum of $1.00. The City will not have any increased liability exposure due to this sale as Adam Margolis, K-9 Max's former partner, will be completely responsible for the dog and will indemnify the City of Delray Beach. FUNDING SOURCE There will be no cost to the City of Delray Beach. RECOMMENDATION The Police Department recommends approval. K-9 SALE AND HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into between The City of Delray Beach (hereinafter referred to as "CITY") and ADAM MARGOLIS, (hereinafter referred to as "MARGOLIS") witnesseth that: WHEREAS, the City, through its Police Department, is desirous of retiring and selling an animal currently being utilized in the City's K-9 program, and animal being identified as follows: "MAX" German Shepherd (hereinafter referred to as "Canine"), and WHEREAS, MARGOLIS is desirous of purchasing, keeping, training, and assuming full responsibility for Canine as a pet at his place of residence or other appropriate kennel facility, WHEREAS, there is a unique relationship between the officer and the K-9 during the years of working in partnership, and it is in the best interests of the City to release the K-9 to his handler after the K-9's retirement, NOW, THEREFORE, for mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The City does hereby sell the Canine to MARGOLIS in an "as is" condition for One Dollar and 001100 ($1.00) and other good and valuable consideration. Z MARGOLIS shall henceforth be solely and completely responsible for said Canine, including, but not limited to, providing for the care and 1 maintenance (including all regular and veterinary expenses) for the remainder of the Canine's life; 3. MARGOLIS shall defend, indemnify and hold harmless the City, its agents, officers, officials and employees from any and all claims, suit, causes of action or any claim whatsoever made arising from property damage and/or personal, bodily or mental injury to a human or animal caused or allegedly caused by the actions of said Canine as a result of or following the date of this Agreement. 4. In any action brought to enforce any provision of this Agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys' fees. 5. MARGOLIS, by signing below, affirms that he has read and understands this Agreement and that he has been given the opportunity to have the attorney of his choice review this Agreement. THIS AGREEMENT made and entered into on this day of January, 2015. By: ADAM MARGOLIS, Owner. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of January, 2015, by ADAM MARGOLIS, who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public Seal: 2 By: Cary Glickstein, Mayor City of Delray Beach ATTEST; Chevelle Nubin, City Clerk Approved as to form and legal sufficiency: Noel Pfeffer City Attorney 3 WHEREAS, The Delray Beach Art League, a juried league, is celebrating 50 years of outstanding art and art education from February 26 through March 1, 2015. The celebration begins on February 26th with a juried Plein Air Festival that will attract artists from all over competing for cash awards. An exhibition and sales of the finished art work will take place at the end of the day, on February 26th, on Old School Square grounds; and WHEREAS, Friday, February 27th through Sunday, March 1s' will start a three day weekend"Artist in the Park", special celebration art exhibit with over 40 juried artists involved. The Delray Art League art shows represent a variety of art mediums such as watercolors, oils, acrylics, photography and ceramics; and WHEREAS, This exhibit will be the main attraction with hundreds of art pieces that can be reviewed and purchased with a portion of sales benefitting the Delray Art League's Educational Fund. The Delray Art League's "Artist in the Park" is South Florida's longest running outdoor fine art show and sale; and WHEREAS, the Delray Art League Educational Fund has in the past ten years awarded more than $110,000.00 in scholarships and monies to individuals and institutions in South Florida. This fund is made possible through donations by member artists as well as from local businesses. Fourteen outdoor and four indoor art exhibitions including the Crest Theatre are conducted yearly featuring member artists'works of art. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim February 26 — March 1, 2015 as DELRAY ART LEAGUE'S 501h CELEBRATION WEEK in the City of Delray Beach, for fifty years of success and hereby commend the community efforts of the League in becoming an integral part of the local activities and advancing the public interest and growth of creative art in Delray Beach. 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 3rd day of February, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, many times when individuals and families need help in meeting life's basic needs or are experiencing times of crisis and are not sure where to turn; and WHEREAS, 2-1-1 is an easy to remember, easy to use three-digit number recognized as the central linkage point in providing individuals and families with the guidance, support and information they need to solve their problems; and with the crisis intervention and suicide prevention they seek to keep them safe; and WHEREAS, City of Delray Beach is fortunate to have 2-1-1 HelpLine, a service that is available any time of day or night that enables individuals and families to get the help they need; and WHEREAS, As was the case when the caring staff at 2-1-1 helped a distraught grandmother who had lost her job and was caring for her seriously ill daughter and grandson. She struggled with bills and had received notice that their power was soon to be shut-off. 2-1-1 staff worked to keep her power on and helped to find additional assistance with food and medical care for her family; and WHEREAS, 2-1-1 staff also listened to the teen whose father had left the family... she was so emotionally overwhelmed and thinking of suicide-a 2-1-1 staff member was able to comfort her and get her immediate care and counseling; and WHEREAS, 2-1-1 staff were also sensitive to a woman who had concerns for her elder brother who had suffered numerous strokes and falls while living with his frail wife who could no longer care for his needs. 2-1-1 staff was able to get him to into a safer living environment and find resources for his wife as well; and with so many other real life stories... WHEREAS, 211's specialized advocacy and support services also include: 2-1-1 Special Needs HelpLine, Help Me Grow Initiative, Elder Crisis Outreach and Health & Mental Health Advocacy which help link vulnerable populations to crucial services while 2-1-1's life-saving "Sunshine" daily phone calls continue to positively impact the lives of local housebound/isolated seniors—all at no cost to those participating; and WHEREAS, 2-1-1 HelpLine service is free, confidential, available 24/7, with highly trained staff who assisted over 112,761 callers in need of crisis intervention, assessment and referrals to community services during 2014. The staff at 2-1-1 will continue to provide: that warm voice at the other end of the line; the quality, caring assistance to the people of our community and"Hope when you need it most!" NOW,THEREFORE,I, CARY D. GLICKSTEIN,Mayor of the City of Delray Beach, on behalf of the City Commission do hereby proclaim February 11 –17, 2015 as 2-1-1 AWARENESS WEEK in the City of Delray Beach, and urge all citizens to be aware of the only telephone number they need to know to access information and referral to programs and services at over 3,000 sites in our area that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Financial Assistance, etc. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Official Seal of the City of Delray Beach, Florida,to be affixed this 3r"day of February, 2015. CARY D. GLICKSTEIN MAYOR w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 22, 2015 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Site Plan Review and Appearance Board Meeting of January 14, 2015 A. Postponed (5 to 0, Andrew Youngross and Jose Aguila absent), the Blanket Sign Program to include a flat wall "Realty on the Ave" on the north elevation, the addition of a 4th tenant panel to the under canopy sign and the directional sign at the 504 Building, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (504 East Atlantic Avenue). B. Approved (5 to 0, Andrew Youngross and Jose Aguila absent), a request for a color change for Speedway, located on the east side of Military Trail, north of West Atlantic Avenue (14624 Military Trail). Historic Preservation Board Meeting of January 21, 2015 1. Approved (7 to 0), a request for a Certificate of Appropriateness associated with additions and alterations to a contributing structure located at 233 Venetian Drive within the Nassau Park Historic District. 2. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness and a Class V site plan, landscape plan and architectural elevations associated with the construction of a two-story, mixed-use building containing office space on the ground floor, and three (3) residential units on the second floor at 82 NW 5th Avenue (known as the West Settlers Office Building) within the West Settlers Historic District. DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of January 12, 2015 thru January 23, 2015. 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 I NORTH FEBRUARY 3, 2015 PLANNING &ZONING DEPARTMENT m ro O ..—..—..— ..—..—..—..—..—..—..—..—..—..—..—..—. �...— ..... a o 1 J George Bush Blv akelda Rd 0 Q 1 N W r..—! 2 z �..—.. 1...—.. nd St 1 • 46..—..—..—....—..1 1 W Atlantic Ave $W-.'.nd St C° Lu 1.. > i..—.1 C j > > U Lr. a 1 co o Q U LL m 1 c Co 0 3: W 10th St S Ot owson vd 0 U 1 Q 1 °' 1 j inton Blvd � Linton Blvd .J > ............ ! ! ermantoW m l j 1 m .�..�. m a w 0 o D m 1 > 0 ; — 0 c 0 j U u—u—u—u—u—..—u—u—u—u—u—u—..—..—..— .. u—a—u—u— �u�••� U SPRAB: HPB: A. 504 OFFICE BUILDING 1. 233 VENETIAN DRIVE B. SPEEDWAY 2. 82 NW 5TH AVENUE Document Path: S:\Planning &Zoning\DBMS\GIS\City Commission Maps\City Commission Map 2-3-15.mxd w MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: January 27, 2015 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 AWARD OF BIDS AND CONTRACTS w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., Environmental Services Director William A. Grieve, P.E., Assistant City Engineer Isaac Kovner, P.E., City Engineer THROUGH: Donald B. Cooper, City Manager DATE: January 12, 2015 SUBJECT: AGENDA ITEM 8.L1-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 BID AWARD/AKA SERVICES,INC.DELRAY SHORES WM PROJECT PHASE II BACKGROUND Consider an award to AKA Services, Inc. in the amount of$847,985.00 for construction of the Delray Shores Water Main Project Phase II(#14-030/Bid# 2015-25). Staff solicited bids through the formal competitive bid process. The city received five responses. The award is recommended to the lowest responsive bidder, AKA Services, Inc. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (A) "Sealed Competitive Method" (1) "Competitive Bids". Copy of the Consultant recommendation, Bid Tabulation sheet and project Location Map are attached. The project scope of work generally consists of the following: construction of approximately 4,940 linear feet of eight(8) inch water main, 43 water services, five (5) fire hydrants, and roadside swale grading and sodding. This project also includes clearing and grubbing, maintenance of traffic, asphalt trench repair, and driveway apron removal/replacement. The Delray Shores neighborhood is part of the City's 2"water main upgrade program. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION This is a request for City Commission to consider award to AKA Services, Inc. in the amount of $847,985.00 for construction of the Delray Shores Water Main Project Phase II(#14-030 /Bid # 2015- 25) following Budget Transfer. TIMING OF THE REQUEST All bids shall remain subject to acceptance for a period of ninety (90) days after the bid opening of January 6, 2015. Therefore, an award of the contract must take place by April 6, 2015 to guarantee the bidder's proposed contract prices. FUNDING SOURCE Funding available from 442-5178-536-68.93 (Water/Sewer Renewal & Replacement Fund/ Improvements Other/Delray Shores WM). RECOMMENDATION By motion, City Commission to approve award to AKA Services, Inc. in the amount of$847,985.00 for construction of the Delray Shores Water Main Project Phase II(#14-030/Bid#2015-25). CD W '66-:66 t J N z `o� O e o N m ... U)N N N N o ml 41 O - a a� 0 c o0 U N N N N N W W W W W m o c d i3 0 _ _ _ _ _ _ _1616 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A o0 U N N N N N c W W W W W EM o o a� _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ w ' x a A F o z c w N N N N N o w W W W W xw r z o m .........° o°o »»> U¢ w _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ m a N U ¢w �o z O � d° `o �a z00 F rc w m a z w O K m N ` N N N N N } y Y W W W W W a o »»> 111 ¢m o _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O QQ QQ QQ QQ NQQQQQQQQ Q j JNNNNNLL J W W W W p F yyT V y N o N o T N O - o o d E a T o a a > o o ,,-- °' a .� o.� d d p O o LL m - m ¢ !r T a D N N a m Zi Zi rn ern u) of >'3 om m � ooE� oNN� ��......"" 'uj�Q m�rvmm � N = u o.N -MM a= �w m���� oo oo°W W °'a� .'o `o a�'iw� `o `o tr a o w U U > d -- a tj o U> U U U 'ao o-N � as ov mmo o ^ALL d o oww ct �, d o d d- and �imp o'0�� x(7 o Earn rnoo o f � E E 'o 'o 3 ���L o= U E°m�� d 45 o V)2 za`C_ _ _ LLmo= - - NUin ii io tr tr(7(7 in o� �Umm tr=v- LLUm N o o o m E z z z F E E E w co o Q o m an d m OF m<<<a` MATHEWS CONSULTING January 8, 2015 C I V I L E N G I N E E RS Mr. Bill Grieve, P.E. Assistant City Engineer CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach-Project No. 14-030 Delray Shores Water Main Replacement—Phase II Bid Results (Bid k20 Dear Mr. Grieve: On Tuesday, January 6, 2015, at 3:00 PM, bids were received by the City of Delray Beach for the Delray Shores Water Main Replacement—Phase 11 Project. Five(5) bids were received as follows: Name of Bidder Amount of Bid 1. AKA Services, Inc. $847,985.00 2. Johnson-Davis, Inc. $866,805.00 3. Foster Marine Contractors, Inc. $895,028.75 4. Man-Con, Inc $972,829.25 5. DP Development of the Treasure Coast $975,357.50 We have reviewed the bid proposals submitted by each of the Contractors and have found no mathematical errors in the bids. The Bid Tabulation Sheet is attached. The following summarizes our findings for the low bidder: AKA Services, Inc. • City Purchasing verified that they are Pre-Qualified (Underground Utilities)to perform the work. • Acknowledged Addendum No. 1, 2&3. • Provided Bid Bond (5%). • Provided Contractor Questionnaire. • Company is based in Loxahatchee, Florida. It should be noted that AKA Services, Inc. has been pre-qualified by the City of Delray Beach for "Underground Utilities" through a separate submittal process. As such, our review of the bid proposals only considered the technical evaluation of the Proposal and Bid Forms. Therefore based on our review of the Proposal and Bid Forms, Mathews Consulting recommends award of the Contract to AKA Services, Inc. in the amount of$847,985.00. Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561-655-6175 • Fax: 561-655-6179 www.mathewsconsultinginc.com If you have any questions regarding the information presented, please contact us at 561-655-6175. Sincerely, MATHEWS CONSULTING, INC. ad I CameaS David L. Mathews, P.E. Vice President Enclosure cc: Victor Majtenyi,Delray Beach(w/enclosure) Randal Krejcarek, Delray Beach(w/enclosure) Rafael Ballestero, Delray Beach(w/enclosure) Courtney Marshall, MC(w/enclosure) MC File No. 1746 Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561-655-6175 • Fax: 561-655-6179 www.mathewsconsultinginc.com ra pbpZ/ Q Q O JbM 1S2 'M'N O�JF p m � O rN _ GNZZ'M'N 3 <v� o v �� rn Q 3Nd G 12 'M'N F W Q v O U v 3 h� ti ST = 24TH AVE. C� N�. J 0 > Ld pVENUE o 1S3M ti Q N W 38NIV2i H12JON LLJ /,2J2J o =E:] z 3Nb) z a f o N833 o '3AV H19Z M 00 a H197 M.N ❑ ❑ ❑ ❑ Avm -1vao ° ° 4 E:l z El z O > v" -3 V H1LZ 'M'N N z ❑ w ❑ o J.VM 2J3ddVNS� > J � � O] 3 ❑ ow ❑ ❑ ❑ ° N Q '3AV H16Z 'M'N } w 'M'N CL w w w 3 z > z F1 ❑ _ ❑ a _ F-1 F o ❑ ❑ ❑ _ a ❑ v ❑ F] 3AV HiN M'N z O CD = ❑ a ❑ ❑ N M'N w C ❑ O ❑ S N J d� Z N Z F- Ld oo ��339�\ _3AV 1SIC 'M'N w O a O J C) Z O O O M � Q O U O V pdpb 30N32JMVI v '3AV pNZ£ 'M'N z ° 0 a �-rFFTT� ° DATE:01/10/2014 CITY of DELRAY BEACH LOCATION MAP d DELSHORES LOCMAP ENVIRONMENTAL SERVICES DEPARTMENT DELRAY SHORES j p p P 434 SOUTH SMNTON AVENUE,DELRAY BEACH,FLOFADA 33444 PHASE 2 2013-028 kii w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., Environmental Services Director William A. Grieve, P.E., Assistant City Engineer Isaac Kovner, P.E., City Engineer THROUGH: Donald B. Cooper, City Manager DATE: January 12, 2015 SUBJECT: AGENDA ITEM 8.I.2-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 BID AWARD/AKA SERVICES,INC.TROPIC PALMS WM PROJECT PH I BACKGROUND Consider an award to AKA Services, Inc. in the amount of$826,095.00 for construction of the Tropic Palms Water Main Phase I(#14-061 /Bid#2015-24). Staff solicited bids through the formal competitive bid process. The city received five responses. The award is recommended to the lowest responsive bidder, AKA Services, Inc. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (A) "Sealed Competitive Method" (1) "Competitive Bids". Copies of the Consultant recommendation, Bid Tabulation sheet and project Location Map are attached. The project scope of work generally consists of the following: construction of approximately 3,280 linear feet of six(6) inch water main, 73 water services, eight (8) fire hydrants, and roadside swale grading and sodding. This project also includes clearing and grubbing, maintenance of traffic, asphalt trench repair, and driveway apron removal/replacement. The Tropic Palms neighborhood is part of the City's 2"water main upgrade program. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION This is a request for City Commission to consider award to AKA Services, Inc. in the amount of $826,095.00 for construction of the Tropic Palms Water Main Phase I(#14-061 /Bid# 2015-24). TIMING OF THE REOUEST All bids shall remain subject to acceptance for a period of ninety (90) days after the bid opening of December 16, 2014. Therefore, an award of the contract must take place by March 16, 2015 to guarantee the bidder's proposed contract prices. FUNDING SOURCE Funding available from 442-5178-536-68.97 (Water/Sewer Renewal & Replacement Fund/ Improvements Other/Tropic Palms) following Budget Transfer. RECOMMENDATION By motion, City Commission to approve an award to AKA Services, Inc. in the amount of in the amount of$826,095.00 for construction of the Tropic Palms Water Main Phase I(#14-061 /Bid#2015- 24). C V z O F j z N z C 0 O U (D N N N c W W W W W � � H� C �p (O(O(O(D w w w w o� o o r »» m o O - a a� ° c o0 U W W W W a N >>>> m co z z w o w C N N N N Ua o w w w w Uw w oeo 0 w m z r¢ ° z a` Qw 6 O `o �w zo-p F °¢ w UW ry � 5 m U O N a z O m _FV> U m FL O H N N D W N W W W Q m ............_ D N(n(n(n(n(n Wwwo¢¢¢¢¢¢wwLL >NN �w w w O w w w w w w w w�w�00 oo D ao �(D oo ° ao .U) ° N 3 3 3 - v W v 0 d' O.a'= T a' m o > y 05 05 N >NN d .O O O_ o D U E b o o v U o y U o ov a` o n o U o d d o. �.Q 3 d " m d d o d �a >.m _ Q > o o.0 ° w� ��in °�"�in in in in m - a Tod d YY�U¢Uin c�U a m mE °v°^i v°^i m°?°?°'`'' 'uj m m > o " m mmmmm -°'o °O.N a o M M a o o a t oo°W a o o v n n w w w w w LL ` `o wUU ma o o=(D T �- a o a m m o o m m LL o c t m o m p` m'p 0 x(7 o rn rn O O o f E 3 d m t o `-' o o E E E E E o n2�z a`�_ _ _ _ __ _ ry U W Im�i�O���U aril a m`U C) �momi A I I I � a � _ _ U N O O E o z z m F E E w o o Q m m m d m � a a � ma¢a¢a` MATHEWS CONSULTING December 22, 2014 C I V I L E N G I N E E RS Mr, Bill Grieve, P.E. Assistant City Engineer CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach-Project No. 14-061 Tropic Palms Water Main Replacement Bid Results IBid#2015-24) Dear Mr. Grieve: On Tuesday, December 16, 2014, at 2:30 PM, bids were received by the City of Delray Beach for the Tropic Palms Water Main Replacement Project. Five(5) bids were received as follows: Name of Bidder Amount of Bid 1. AKA Services, Inc. $826,095.00 2. Johnson-Davis, Inc. $842,223.00 3. Man-Con, Inc. $876,869.50 4. DP Development of the Treasure Coast $950,901.00 5. Foster Marine Contractors, Inc. $973,453.00 We have reviewed the bid proposals submitted by each of the Contractors and have found minor mathematical errors in bids 2 and 3. The Bid Tabulation Sheet is attached. The following summarizes our findings for the low bidder: AKA Services, Inc. • City Purchasing verified that they are Pre-Qualified(Underground Utilities)to perform the work. • Acknowledged Addendum No. 1 &2. • Provided Bid Bond (5%). • Provided Contractor Questionnaire. • Company is based in Loxahatchee, Florida. It should be noted that AKA Services, Inc. has been pre-qualified by the City of Delray Beach for "Underground Utilities" through a separate submittal process. As such, our review of the bid proposals only considered the technical evaluation of the Proposal and Bid Forms. Therefore based on our review of the Proposal and Bid Forms, Mathews Consulting recommends award of the Contract to AKA Services, Inc. in the amount of$826,095.00. Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561-655-6175 • Fax: 561-655-6179 www.mathewsconsultinginc.com If you have any questions regarding the information presented, please contact us at 561-655-6175. Sincerely, MATHEWS CONSULTING, INC. ad ItAeoS David L. Mathews, P.E. Vice President Enclosure cc: Victor Majtenyi, Delray Beach(w/enclosure) Randal Krejcarek,Delray Beach(w/enclosure) Rafael Ballestero, Delray Beach(w/enclosure) Courtney Marshall, MC(w/enclosure) MC File No. 1747 Mathews Consulting, Inc., 477 S. Rosemary Avenue, Suite 330, West Palm Beach, Florida 33401 Phone: 561-655-6175 • Fax: 561-655-6179 www.mathewsconsultinginc.com DOTTEREL ROAD a LJ ° > MALLARD DRIVE ° CD Q HE ON DRIVE m m Q � D CURLEW ROAD CURLEW ROAD Z a 2 mss' c/RCAF v7 � �F 0 o yD �aPo 0 a � 3 ° O Q �- a m O 3 mc9 z � CD pRI Ve Lv C X 0 0o Q _J 0 o EHIR Q O p O 80, LE�AR m D ° ROAD / N JNN U cy ° U CITY of DELRAY BEACH LOCATION MAP DATE:01/10/2014 d ENVIRONMENTAL SERVICES DEPARTMENT TROPIC PALMS WM LOCAAAP j p O P 434 SOUTH SNANTON AVENUE,DELRAY BEACH,FLOFADA 33444 2014-061 vi w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: January 22, 2015 SUBJECT: AGENDA ITEM 8.L3-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 BID AWARD/CORPORATE COACHES,INC. BACKGROUND The Parks and Recreation Department has been contracting out bus services for many years for special events, summer camp, after school, youth football, etc. Bids for the Bus Rental and Driver Services were publicly opened by the Purchasing Department on December 2, 2014. Attached for your review is the bid tabulation from two (2) contractors; Corporate Coaches, Inc. $45,210.48 and Academy Bus, LLC $58,520.00. Contract term is two years from commencement date and the City reserves the right to renew the contract for two (2) consecutive periods of one (1) year. Staff recommends award to low bidder, Corporate Coaches, Inc. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION City Commission is requested to approve the Bid Award No. 2015-10 to low bidder, Corporate Coaches, Inc., for bus rental and driver service for the Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition, Over Night/Weekend Trips, at an estimated annual cost of$45,210.48. TIMING OF THE REOUEST This item is time sensitive because the present agreement expired in December, 2014. FUNDING SOURCE Funding in the amount of$45,210.48 is available from multiple accounts: 001-4127-572-55.30 ($11,200) Youth Football 115-4912-572-55.30 ($ 5,080) Youth Football 001-4105-572-44.90 ($ 6,000) Holiday Camp Program 115-4920-572-56.01 ($ 5,000) Summer Camps-Community Center 115-4921-575-56.01 ($ 5,000) Summer Camps-Pompey Park 115-4127-572-56.24 ($ 2,500) Special Events 115-4127-572-56.27 ($ 1,660) Delray Divas 115-4127-572-56.29 ($ 1,660) Diamonds and Pearls 115-4912-572-55.30 ($ 5,000) Over Night/Weekend-Rocks 115-4127-572-56.27 ($ 2,600) Over Night/Weekend -Basketball RECOMMENDATION Approve Bid Award No. 2015-10 to Corporate Coaches, Inc. in the amount of$45,210.48 for bus rental driver services for Parks and Recreation. BID OPENING:DECEMBER 02,2014 @ 10:90 AM CITY OF DELRAY BEACH BID No.2015-10 TABULATION BUS RENTAL DRIVER SERVICES FOR PARKS AND RECREATION Vendor==> Estimated Hours CORPORATE COACHES,INC. ACADEMY BUS,LLC fterm0escription $per hr. ROM $per hr. Tatar 1 Youth Football Program 192 $ 69.98 $13,436.16 $ 90.00 $17,280,00 8 Away Games Hours 2 buses 12 hrs.per day 2 Sport-&-0)ar♦se 6�mpetit'PoTT, I, 112 $ 69.98 $7,83776 3 85.00 $9,520 CO 2 buses a week �!! Hours 8 weeks 7 hrs.Per day 3 Holiday Camp Program 64 $ 69.98 $5,878.32 $ 85.00 $7,140.00 4 Buses Hours 3 weeks 7 hrs,per day 4 Special Events 40 $ 6998 $2,799.20 $ 85,00 $3,400.00 4 Buses Hours 0 hours per day 5 Sport&Dance Competition 48 $ 69.98 $3,359.04 $ BE ou $4,me 00 20-57 Seat Bus Hours 6 buses) 8 hours per day 6 Over Night t Weekend Trips 6 $ 1,700.00 $10,200.00 $ 2,100.00 $12,600.00 6 buses Bus Day Rate 7 Out of State Per $ 1,700.00 $1,700.00 5 4,500.00 $4,500.00 1 Bus Bus *-Driver can only 3 days Day Rate drive 65Dmile per day GRAND TOTAL(Items 1 -7l $45,210T7rMA $58,520.00 Overtime Rate Charge per hour(if applicable) S 70.00 per hour Alternate bid price for one or more van(s),depending on need N?A with driver for duration of Summer recreation program (8 weeks) 1 BID OPENING, DECEMBER 02,2014 @ 10:00 AM CETY OF DELRAY BEACH BID No.2015-10 TABULATION BUS RENTAL DRIVER SERVICES FOR PARKS AND RECREATION Vendor==> Estimated Hours CORPORATE COACHES,INC. ACADEMY BUS,LLC Item/De^acrt Lion E per hr. Total $per hr. Total Alternate bid price for one(1)mini bus_ $70.00 per hour $75,00 per hour depending on need with driver as needed. Additional Information: *Item 1 -Written procedures for alternate buses. Please refer to the detailed procedures in The City of Delray may need to add submittal additional buses with little notice,We can accommodate a request within one hour. If mechanical failure should occur,we will respond by dispatching a replacement vehicle *Item 2•List the types of buses to be used for transport ation. Van Hoot Model t2145&C2045 each Please refer to the detailed fleet list, equipped with identical amenities 57 passenger seating capacity *Item 3 References Submitted Yes Yes 'Item 4-Specific Cancellation Policy. 48 hours notice or more no cancellation fee No charge shat)be applied if Less than 48 hours-50%cancellation fee cancellation is made with a 24 hour Day of Charter-100%of charter if bus has bee If the cancellation is made within less than dispatched or cancelled on site. 24 hours,$200 cancellation fee shall be However we will work with the City if trips are applied. RESCHEDULED due to inclement weather REMARKS: Offers from the vendors listed herein are the only offers received timely as of the above opening date and time 2 684y are Delray Beach,100 NW lot Ave=%Delray Beach,Florida 834" Purchasift Department(561)248.7161 BID OPENING CONFERENCE r r'9201TP-10 Title.BUS RENTAL AND DRIVER SERWCES PARKS Z RECREATION CITY OF DELRAY BEACH 'Fgno: 10:00 A.M. Dates TUESDAY,DECEMBER 02,2014 PLIEAA-EYRAN7 CLEARLY WIf,*E(Foaese Print) COMPANY NAME PHOW E [FAX EMAIL ADDRESS PA SIT NhDAL CETT OF DELRAY BEACH 561.243-71CI 581-243-72(H nadal mydeltayheach.com JA'Afcit,L D€WDELL enTY OF DELRAY REACH 561.243-7165 021.243.7166 dQ&0q&rrnyd�l_rayheach,c_am ALBERTA OAWW 0077 OF DELRAY BEACH 563-243.7136 361.843.7268 �ayin�T nydelrayt each cans s:Ainancelpurchasingf?!d Attendance Formsxlslsdl�spl29f1014 CORPORATECOACHES Florida's Leading Transportation Provider Y r C.✓t Proposal for • f � • Bus Rental and Driver service Parks and Recreation Annual Contract 100 NW 15t Avenue Delray BeEch FL 33444 November 28, 2014 Corporate Coaches Inc. 14500 South State Road 7 1 Ft. Lauderdale Fl. 33314 Tel.954.452-77711954.430.7559 1 ,jww.c_: :r:rateCoachesFla.com Page 1 of 28 e n7 DELRAY pt:� E �H 100 Nil I"AVENUE,DIELRAY REACH,FL 334,84 BD's RENTAL AND DRIER DRVJCC Parks & lRecreaffol MAL CONTRACT MAYOR CARP D.GLIICKSTIEEN VICIE MAYOR -SHELLY]PETIROLIA DEPUTY V2CIE MAYOR -J®RDANA JARJU RA COMMISSIONER Al JACQUET COMMISSIONER ADAM FRANKEL INTERIM COTY MANAGER TEIRRANCE ST[EWART Purcha�iinng Divista nOFinance Depirimeml O�S611) 2443-711611/71163 OTRX(5611)243-7a66 INDKMNITYJNOL,■ HARMLESS AGREEMENT BID No. zotromt® BITS RENTAL AND DRIVER SERVICE PARK$ & RECREATION 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. n&acWs Name Signature p � Bid Ao?D 15-1 U f3us Rental and Driver Services 8 COME OF SILENCE BID No. 2015-10 BUS RENTAL AND DRIVER SERVICE PAM &RECREATION 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 orperson'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 Ill, division 2, part A, section 2-51 at seq.) or municipal ordinance as applicable. (0 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. (9) 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 13 id No.2015-10 thus Rental and Driver Services 9 DRUG FREE WORKPLACE CERTIFICATION DID N @® 2015-14 BUS RENTAL.AND DRIVER SERVICE PARK$ A RECREATION 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, 1 certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) in the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section. AcK, m Confractnr's Name Signature Date Bid No 2015-]0 Bus Rental and Driver Services 10 Addenda numbers to inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 900 NW 9stAvenue Delray Beach, FL 33444 As to CONTRACTOR: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. in consideration of ten dollars ($90.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and Bid No?015-1 D Bus Rental and Driver Services 16 STATE OF COUNTY of 1 The foregoing instrument was acknowledged before me this _ day of 20 by (name of officer or agent, title of officer or agent), of m _ (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. ELIZABETH FREEMAN JI NOTARY PUBLIC v STATE OF FLORIDA ' Comm#EE833275 Signatyrt of PersorYTaking f ti9 Lvires 819/2016 Acknoiro dgment Name of Acknowledger Typed, Printed or Stamped Rid Vo.20I5-10 Bus Rental and Driver Services 21 CERTIFICATE (if Corporation) STATE OF FLORIDA ) ) COUNTY OF ) SS A I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of A held on -JA , , 20_5 the following resolution was duly passed and adopted. `RESOLVED", that _i f 1 e tom, 11 as '/1 r r 3 President of the corporation, he/she is hereby authorized to execute the Agreement s dated , 20!'k , 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 f.�„A day of (Sec (Seal) Bid No.2}15-10 IRIS Renta!and Driver Services 22 SPECIFICATIONS BID No. 20IS-10 BUS RENTAL,AND DRIVER SERVICE A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish a firm price for "Bus Rental and Driver Scrvice" for the Parks and Recreation Department for summer camp program, football program, holiday camp, daily special events and sport dance competitions. Service is of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. CONTRACT TERM: Commencing with the date of award on / or about December 05, 2014 and expiring two 2 ears there-after. The City reserves the right to renew the contract for two (2) consecutive periods of one (1) year. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Detailed Specifications" should be addressed in writing/email nadal@mydelravbcach.com Purchasing Manager, Purchasing Division, at (561) 243-7161. D. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. E. ESCALATION CLAUSE: The City of Delray Beach acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator/de-escalator clause will be accepted only under the following conditions: (a) Price increase(s) and price decrease(s) comparable to documented manufacturer's changes. (b) Receipt of proper notification to Purchasing, in writing, of all items affected by price increases/decreases. (c) Where all prices shall have remained firm for a minimum of 120 days after effective date of contract. (d) All price increase(s) an decrease(s) to be approved by the Finance Director. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving(60) days' notice to the Contractor. Sid No.201$-10 Elan Rental and Driver Services 23 F. PROGRAMS TO BE SERVICED BY BUSES AND DRIVERS: 1. YOUTH FOOTBALL PROGRAM: One to two buses with drivers will be needed on Saturdays from approximately 7:00 A.M. to 12:00 A.M.; approximately eight(8) "away" game dates will require up to two buses. Games begin approximately August 25th and travel through-out Palm Beach, Broward, Dade, Orange, Martin, and Indian counties. `l'he buses will be needed dlrough approximately November 30th. Requesting an hourly rate. 2. SUMMER CAMP: Up to two (2) buses a week with drivers will be needed for eight (8) nine camp weeks, Monday through Friday from 9:00 A.M. to 4:00 P.M. from mid-June through mid-August at various camp sites. The number of buses will depend on the number of children enrolled in camp. Requesting an hourly rate. 3. HOLIDAY CAMPS: Up to four (4) buses with drivers will be needed from 9:00 A.M. to 4:00 P.M. Monday through Friday (except actual holidays) from approximately December 26th through January 5th for Christmas/Holiday Camp and the week of Easter break from the public schools (late March or early April), total three (3) weeks. Requesting an hourly rate. 4. DAILY SPECLkL EVENTS: Up to four (4) buses and drivers for one (1) day events throughout the State of Florida. Buses will be reserved no later than 24 hours in advance. Requesting an hourly rate. 5. SPORT AND DANCE COMPETITIONS: Up to a total of six (6) buses per year for one (1) day (8 hr. day) sports and dance competitions throughout the State of Florida; time used will be dependent on the program or competition. Buses will be reserved no later than (24) twenty- four hours in advance. . 6. OVER-NIGHT AND WEEKEND TRIPS: Up to a total of three (3) buses for up to three (3) days and two (2) nights for annual trips throughout the State of Florida. Times used will be dependent on events. Requesting a per day rate. a. bus for out of state trips up to three (3) days and two (2) nights, requesting a per day rate. G. BUSES AND DRIVERS SHALL MEET THE FOLLOWING CONDITIONS: 1. Buses shall be certified by the State meeting requirements to transport school children with a minimum of fifty-seven (57) passengers, air conditioned with restroom, DVD players and radio dispatch, a. Buses shall be certified by the state meeting requirements to transport school children with a minimum of twenty (20) passengers to a maximum of forty-nine (49) passengers, air conditioned with radio dispatch. 2. Bus drivers and Company will meet all Federal and State rules, regulations, statutes, and ordinances, including proper driver's license, bus certifications, etc. 3. Buses shall have security cameras and drivers shall ensure that the cameras are operating at all time. Bid No.2015-10 loos Rentui wid Services ,. . 24 4. Liability insurance will be supplied by the chosen company. Copies of current insurance forms will be supplied by the vendor for each renewal made by the vendor within limits required by the City. Background cheeks are required by the City of Delray Beach on ALL assigned drivers. 5. Vendor must include a copy of the written procedures for supplying alternate buses for buses which are disabled during transport. 6. Buses that are disabled three (3) or more times in a period of six (6) months may be considered none-conforming and maybe cause for termination of contract agreement. Vendor shall list in the bid what types of buses will be used for transportation. The City of Delray Beach reserves the right to reject any bus which does not meet minimum standards specified in this bid. 7. Vendor must supply three (3) or more recent references which are to include company name, address, contact person, telephone number or email address. S. Rental fee to include all gasoline charges. All maintenance of all vehicles, including any towing charges incurred by disabled buses, will be the vendor's responsibility. 9. Total cost to include travel time from bus compound and back to bus compound. 10. The City of Delray Beach reserves the right to cancel this agreement by giving thirty (30) days written notice of the intention to cancel at any time the supplier fails to fulfill or abide by any of the terms and/or conditions specified. If a breach of contract is brought to the vendor's attention more than once, the second breach of contract will be grounds for immediate termination without further notice. 11. Any claims of damage must be reported immediately to the Recreation Superintendent, @ (56I)243-7136. Any necessary repairs for the damage must be submitted in writing with cost estimate and pre-approved by the Recreation Superintendent before repairs are started. 12. Number of hours,miles and buses or vans is approximations and specific numbers are dependent on other factors. Vendor will be given as much advance notice as possible, but not less than 24 hours. 13. Radio communication between the bus drivers and the bus dispatcher must be in effect and operating at all times. 14. The City reserves the right to cancel bus use for individual trips by giving 24 hours notice without penalty to the City. Successful company should specify specific cancellation policy and who should be notified. 15. In the event less funds are budgeted for a new fiscal period,the City shall notify the vendor of such occurrence, and may reduce the bus usage following the last day of the current fiscal period without penalty or expense to the City. Bid No,2015-10 13us Rental and Llrivcr lien ices RL 25 16. A Recreation Supervisor riding a bus may request changes in the bus schedule or stops due to weather conditions or emergency situations. Driver must recognize staff requests for schedule changes and emergency stops and honor them. 17. Vendor should supply a dollar per hour overtime rate. All prices shall inciude parking/toll charges. Buses must stay with the group for the duration of the individual trip unless otherwise directed by the Center Recreation Supervisor. 18. Vendor shall supply to the City quarterly maintenance records of the buses used in various programs. 19. All buses must stay with the Parks and Recreation Department Camps and not go on another trip/location and leave our camp children at the prograrn location without a bus. Bus and bus driver must stay with the camp event due to inclement weather or/an emergency situation. H. INSURANCE CONDITIONS: I. The Contractor will indemnify and save harmless the city against any and all claims connected with this contract except to the extent same are caused by the active negligence or misconduct of the City. 2. Contractor will provide a bus, properly inspected and as requested by the City, and a State licensed and Contractor qualified driver with Department of Children and Families (DCF) "Live Scan Background Screening". See Exhibit A for sample form. 3. Comprehensive general liability insurance with minimum combined single limits of $1 million per occurrence, including premises and operations, independent contractors, products/completed operations, and contractual liability, 4. Automobile liability insurance on "all autos" basis with minimum combined single limits of $5 million per occurrence. 5. Workers' compensation coverage as required by Florida State Statute, and Employer's Liability insurance with limits of at least $500,000 per accident. 6. A Certificate of Insurance must be received by the City prior to any Contractor activity related to the Contract. The Certificate will evidence the above insurance requirements and, in addition, will name the City of Delray Beach as an additional insured under the General and Automobile Liability Insurance policies. The Certificate will state that the City will be notified thirty(30) days prior to cancellation and/or modification to any policy of insurance. Bid No.2015-10 Bus Rental and Driver sorvices 3j. 26 SCHEDULE OF PRICING Bid #3013- 1 O Pricing for Bus Rental and Driver Service: (Bus rental fee shall include driver, oil, gasoiinc, parking/toll charges, maintenance and towing charges for disabled buses.) 'VOTE: Hours indicated are approximations and actual hours may vary more or less, Item —Description Rate Times (X) =Total Youth Football Program 8 Away games 1 2 Buses $ 69.98 192 Hours $ 13,436.16 12 hours per day —� Sport& Dance Competition 2 Buses Per Week 2 8 weeks $ 69.98 112 Hours $ 7,837.76 7 hours per day 3 Holiday Camp Program 4 Buses 69.98 3 weeks $ 84 Hours $ 5,878.32 7 hours per day 4 Special Events 4 Buses 69,98 2,799.20 10 hours per day $ 40 Hours $ 5 Sport&Dance Competition 20-57 Seat bus $ 69.98 6 Buses 48 Hours $ 3,359.04 8 hours per day Overnight/Weekend Trips 6 6 $U5e5 Day Rate i $ 1,700.00` Per Bus $ 10-x}0.00 7 Out of State 1 Bus $ y 1700.00 Per Da Day Rate _�_ Per Bus $ 1,700.00 ***Driver can only drive 650 mile Per Day *** or 10 Hours,which ever comes first. $ 45 210.48 GRAND TOTAL(LINE ITEMS 1 THRU 7) Overtime Rate charge per hour(if applicable) Per Hour $ 70.00 Alternate bid price for one or more van(s),depending or need with driver for duration of Summer recreation program (8 weeks). Per Hour $ n/a Alternate bid price for one (1) mini bus, depending on need with driver as needed. Per Hour $ 70.00** JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? Q Yes ❑ Na Bid No.2015-10 Bus Rental an6 Drier Services 27 VENDOR9S ADDITIONAL INFORMATION Bid #5015- 10 BUSES AND DRIVERS SHALL MEET THE FOLLOWING CONDITIONS; *Additional pages may be added if required. L Written procedures for alternate buses. If a breakdown occurs prior to pickup, bus is swapped with nearest bus to camp or pickup. Using GPS we find the ne rest motor coach to the affected motor coach,and dispatch that driver to aid in-getting the passengers off the bus and int his. Passengers will then be dropped off at their destination,and another bus will be there to pick them up within one houi of occurence. Corporate Coaches has roadside service trucks that can repair most items on the spot. In the case of a tow-a-away,t Bus will be replaced. Due to the size of this contract, replacing buses during the summer and holidays will not be an issue.We have buses n Palm Beach County everyday,with time off during the day, in between pickups that can be used to rescue other buses. 2. List the types of buses to be used for transportation. Corporate Coaches fleet of Motor coaches are all similar Van Hool Model t2145 and C2045. Each motor coach is equip ed with identical ammenities,These are DVD/PASystem.TV's. Reclining Chairs Individual A/C and Lighting controls lavato Our Motor coaches have a 57 passenger seating capacity. 11 motor coaches used for this contract are owned and operated by Corporate Coaches and subject to our safety and Ma'ntanancia onime, and grams. Our fleet of 50 motor coaches are cleaned daily and inspected prior/post each trip.; 3. Specific Cancellation Policy. 48 Hours or More-No Cancellation Fees. Less than 48 Hours-50%Cancellation Fee Day of Charter-100%of charter if Bus has been dispatched or cancelled on site. However,we will work with the City if trips are RESCHEDULED due to incliment weather. 4. Contact person in the event of a cancellation by the City. Name Reservations Title Cancellations are made by email to our central reservation: Corporatecoaches aol.com Telephone No. 954-452-7771 You can call to cancel 24/7 HOWEVER you must also send an a ail backup) Alternate Telephone No. 954.452-7771 Email Address CorporateCoaches@4ol.com Bid No?015-10 Bus Rental and Drixer Services 28 PROFESSIONAL REFERENCES BID N®. 2015-10 DOS RENTAL AND DRIVER SERVICE *Please complete this page or attach your reference page to this sheet. AgencylCompany See Attached Reference Sheet Address CiLv, state,zip Contact Person Telephone Date(s)of Service T e of Service Comments: A enc 1Com an Address City, State,Z1 Cantact Person Tele hone Date(s)of Service -Type of Service Comments: A enc 1Com an Address City, State, Zip Contact Person Telephone Dates of Service Type of Service Comments: Contractors Name: CORPORATE COACHES INC. Bid No.201 S-10 Bus Renmai a:id Driver Services 29 CORPORATECOACHES Florida's Leading Transportation Provider References SMS International Shore Operations Samuel Mifsud 11007 North America Way,Suite 505, Miami FL33132, USA305 926-3176 m.mt Cruise Ship Passenger transportation- shuttle to/from port of Miami-Miami Airport for Norwegian, Oceania, Regent, MSC Cruise Lines, Norwegian Cruise Lines Ann Marie Saunders I Lead Passenger Services/Land Services 305-436-4753 1 fax 305-436-4142 ncl,_ccsr- Disney Cruis e Lines Alexander R Zeitz I Outport Operations Guest Services Manager Disney Cruise Linen 210 Celebration Pace I Celebration FL 34747 Officer bz.- i�� alr hr., ; k. ..:eitz�en il,disr�e. eor Hard Rock Hotel and Casino 1 Seminole Way Suite#1 Fort Lauderdale, FL 33314 Lisa Arredondo 1954-327-7650 1 Lisa.Arredo lid o _x s I inolthardrock.c,om_ 24/7 Transportation for Hotel I Employee and guest shuttle I since 1998 Ci of Boca Raton Jessica Godoy 1561-393-7888 1 J God o ci.boca-raton.fl.us Summer Camp, GAP program and Adult program transportation 2012-2016 City of Deerfield Beach Marisa Ostanek, CPRP J arks12,0- deerfie_ld-beach.com Summer Camp, GAP program and Adult program transportation 2012-2016 City of Coconut Creek Christina Semeraro I Purchasing Agent 954-956-1584(direct) J csemeraro Coconutcreek.net Lenore Thomas 1954.956.1580 1 hhorna�coconuL�re�ok.net Summer camp, GAP program and Adult program transportation 1 2012-2016 9accV Ma ®CITY HALL-201 WEST PALMETTO PARK ROAD - BOCA RATON, FLORIDA 33432-3795 PHONE; (561) 393-7700 (FOR HEARING IMPAIRED) TDD: (561) 367-7043 INTERNET:www d.boca-raton.fl.us )0_r October 2013 To Whom It May Concern, I would like to give my praise and recommendation to Corporate Coaches! We have been working with Corporate Coaches over the past year for our camp programs. We have camp programs with 60-120 campers during the school year when the kids have days off from school. We also have 6 field trip camp programs during the summer. Some individual camp sites during the summer need three 57 passenger buses a day. This adds up to a large amount of buses needed and we have been so impressed at Corporate Coaches' ability to accommodate all of our needs. It has been wonderful to work with the staff of Corporate Coaches. They are friendly and helpful. They have provided buses at the last minute for us many times when we had a schedule change or emergency. The staff is quick and efficient when booking the buses. We have been impressed at the quality and cleanliness of the buses. Everything that is supposed to work on the bus does! When it comes to transporting children, a broken DVD player or air conditioning can be a disaster. But, Corporate Coaches has had great quality buses with little to no problems. Please feel free to contact me with any questions you may have in regards to this company. I would be happy to respond. We have been very pleased with their service and I'm sure you will be too. Sincerely, Amanda Liebl City of Boca Raton Youth Programs Director 561-393-7888 aliebl @myboca.us —AN EQUAL OPPORTUNITY EMPLOYER-- CITY OF OELRAY BID SIGNATURE FORM BID No. 2015-10 BUS RENTAL.AND DRIVER SERVICE 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 CORPORATE COACHES INC. Name as registered with their State of origin BUSINESS STREET ADDRESS 4500 SOUTH STATE ROAD 7 ➢ P.U. Box address not permitted CITY,STATE,ZIP CODE FORT LAUDERDALE, FL 33314 MAILING ADDRESS: 7 Check if same as Business address above, BUSINESS MAILING ADDRESS CITY, STATE,ZIP CODE AUTHORIZED SIGNATURE(Written) PRINT NAME MIKE CASTRO TITLE (of person signing form) VICE PRESIDENT, BUSINESS DEVELOPMENT DATE 11128114 TELEPHONE NUMBER 954.452-7771 FAX NUMBER ' 954-430.7559 EMAIL ADDRESS MCASTRO @CORPORATECOACHESFLA.COM VENDOR SERVICE REP FOR ORDER I MIKE CASTRO PLACEMENT NAME TELEPHONE / CELL NUMBER 954-452-77711561.225.6653 FAX 954-430-7559 EMAIL ADDRESS MCASTRO @CORPORATECOACHESFLA.COM CC M Bid No.2015-10 13us Rental and Drieer tiers jets 30 DAD �©o �09� 90 L YES ❑ NO Che4w Ust Fem X] YES ❑ NO Sod Signature F®PM K YES ❑ NO Sched&de 01 pffiidng (Check for accu cy) n YES El NO ���er��� QeC�v����e�7c�earnevut(if any) I YES ❑ NO indeo�ranR y/NeEd Mcarme ess Aspeement 91 YES ❑ NO Cone©1 Mence M YES ❑ N® Pv4)0*g Ensurance onroudonq WVTp aea's COMP &a Auto) lI YES 1-1 NO DTU9 FPee 5 4 OT PdC�ge�ev�etG��tes�� n YES ❑ NO piroless @nd Roarences X1 YES ❑ N0 susiness` CON Receipt KI YES ❑ NO WamcVon (0 anv) KI YES ❑ NO Live 4cuv 0=¢wound kveen ng ❑ YES 9 NO swemeM®O We SW © (K na® Pes�o�a�law�f�teas Pe�a�est) Vendor Name: CORPORATE COACHES INC. (please print) Thank you for your interest in the City of Delray Beach Rid Nn?015-10 Bus Renwl and Driver S,-,n-ices 32 Rica Scott a '� t�fe ®ff Iii®ri�l� Governor Esther Jacobo interim Secretary M-0 Ll 1.i i.li t,l Live Scan Background Screening Submission Form E mployera/Pv,oviiderrs Contact your gocV DCF Background Scozening Office Too OPU and dove ScEn OCA numbers. The foHowAng lingorNm lion musf be po-esented pg,�oi�to air&�the tilme of aclreaninge 1. A vaHd piicture PD 2. DCF Agency Identif air(ORi)0 This is a nine digit number beginning with FL92 and ending with the letter"Z". Example: FLOP----Z 3. DCF Live Scan OCA# This is a nine digit number beginning with your 2 digit Circuit Number, your OCA, and ending with the letter"Z'. Example: -------Z Love ScE.n Vendors. Background Screening for the Department of Children and Families must include the following: W A valid ORI entered into the Controlling Agency Identifier field (this may also be the Requesting Agency field) on the Transaction Screen, and The Provider Live Scan OCA number entered into the Originating Case Agency Field on the Miscellaneous Screen. Applicants Present this form to any Live Scan Vendor approved to submit Level 2 Background Screenings through the Florida Department of Law Enforcement. Live Scan vendors may be found on the Department of Children and Families website, at , or the Florida Department of Law Enforcement website, at : -::aj .._- - 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and ResiEiency Bid NU 2U15-1U Bus Mental and DriNer Serkices � 35 INDEMNITYIHOLD HARMLESS AGREEMENT DID me."15-10 RIIS RENTAL AND DRIVER SERVICE PARKS A RECREATION 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 fosses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under workers compensation acts;disability benefit acts, other employee benefit acts or any statutory bar, Any 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. 7 Academy Bus, LLC 01 Contractor's Name signature pate Rid 1,�0?015-10 fins Rental and Driver Services 8 COME OF SILEKCE BID Noe 2415-10 BUS RENTAL AND DRIVER SERVICE PARIS 8c RECREATION 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. Gone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between. (1) Any person or person's representative seeking an award from such competitive solicitation;and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article 111, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (t) 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. Academy Bus, LLC Contractor's Name Signature Date [lid No?D I5-l0 Bus Rental and Driver Services 9 RRRC FREE WORKPLACE CERTIFICATION BID mes Moss_16 BUS RENTAL AND DRIVER SERVICE PARK: & RECREATION If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS. Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, i certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. &) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section. Academy Bus, LLC Contractor's Name Signature ` Date Bid Na 2015-]0 Bus Rental and Driver Services 1.0 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 Liabilit - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include. a) Minimum limits of$300,000 per occurrence combined single limit for Bodily injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy- Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policiesP rovided, 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_reguired 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 Nn.2015-10 Bus Rental and Driver Services ] 1 _ 76585 CERTIFICATE OF LIABILITY INSURANCE DATE 1120lYYYY) 1 21/1120 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ray Gil Commercial Lines-(973)437-2300 I'll ONE 973-437-2383 tiro No:866-965-0591 Wells Fargo Insurance Services USA, Inc. E-MAIL s: BSU.Nj@wellsfargo.com Giralda Farms,2nd Floor INSURERS AFFORDING COVERAGE NAIC# Madison, NJ 07940-1027 INSURER A: National Union Fire Ins.Co.of Pittsburgh,PA 19445 INSURED INSURER B: Lexington Insurance Company 19437 Academy Bus,LLC INSURER C: New Hampshire Insurance Co. 23841 6575 Southern Boulevard INSURER D INSURER E: West Palm Beach, FL 33413 INSURER F COVERAGES CERTIFICATE NUMBER: 8442205 REVISION NUMBER: See below 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. ILTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER 4 IDDYlYYYY MMIDDY/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY A X GL3372475 0310112014 03/01/2015 EACH OCCURRENCE $ 1,o00,000 DAM R CLAIMS-MADE X AGE TO ENTED OCCUR PREMISES Ea occurrence $ 1,000,000 X Contractual Liability MED EXP{Any one person) $ 10,000 X Crass Liability Incl. PERSONAL&AOV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLIGY❑ PR4 F—]JECT LOC PRODUCTS-COMPIDPAGG $ 1,000,000 OTHER: $ A AUTOMOBILE LIABILITY X 4584325(AOS) 03/01/2014 03/01/2015 EOME,1 NeDtSINGLE LIMIT S 5,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BOO{LY INJURY Per accident $ AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS lPer accdent $ $ B X UMBRELLA LIAB X OCCUR X 021430630 03/01/2014 03/01/2015 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS NSA C AND EMPLOYORSELABIILOITY vrN WC53408889(CT,MD,NY,RI) 03/01/2014 03/01/2015 7x STATUTE OTH- ER ANY PERT MEMBER EXCLUDED? � N to WC53408890(NJ Only) 03/01/2014 03/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICERlMEMBER EXCLUDED? (Mandatory In NHI WC53408892(FL Only) 03/01/2014 03/01/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under E.L.DISEASE-POLICY L{MIT $ DESCRIPTION OF OPERATIONS below 1,000,000 C Workers Compensation WC53408891 (MA Only) 03/01/2014 03/01/2015 $1,000.000 Limit WC53408899(VA Only) 03/01/2014 03/01/2015 $1,000,000 Limit WC53408900(IL Only 03/01/2014 03/01/2015 $1,000,000 Limit DESCRIPTION OF OPERATIONS)LOCATIONS 1 VEHICLES tACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project:Bus Rental and Driver Services; BID No.2015-10 The City Of Delray Beach is included as additional insured as their interest may appear with respect to the General Liability,Automobile and Umbrella policies as per their written contract requirements,limited to the terms and conditions of the current policies. (Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder listed,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives) CERTIFICATE HOLDER CANCELLATION City of Delray Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 DO NW 1st Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Delray Beach,FL 33444 AUTHORIZED REPRESENTATIVE 91, 01 The ACORD name and logo are registered marks of ACORD (D 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) (This WnIfiMitIOPW8 Sc Itfirale4]3828/9 issuetl an 71788016) SAMPLE MANCT-1 LF Ip;iC< CERTIFICATE OF LIABILITY INSURANCE �r� ' i THIS CEIs77PICATE IS ISSUED AS A MA-.'ThR OF INrORMA71ON ONLY AND CONFERS NO R(3!`iT3 UPON THE CLEF'IRGATF HOLnPR TrflS CEITMCATE DOES NO:AFRRSIATIVELY OR NEGATIVeLY AMPNO,eA'r OFI,ALTER THE COVERAGE AFr DPDED DY'HE M_nlFS BELOW. THIS GUMf-LiCATI-OF INSURANCE DOES NOT CONSMUT'E A CONTRACT BETWEEN THE ISStANC INSURER[%AUTHCF.'2EC f WRESENTATIVE OR FFQDUCM AND THE GFJMF90AT@ HOLDER I?APD TANT! if the cwlficatQ holdar'gR an ADOMONAL INSURED,the paRcyge4)moat 3*andorret. If SUBROGATION 1S WAIVEA IajAlaIk 1. the teams and eonftorss of the paitey,caasafn policlee may n:gplre an ondor-,rnnnt- A vtatcnwn,on this coiMelfll does no:coWer rghts to sae cortilicatt holder in Rau of such andamgrm a}. I r;rmuom Phone:' �ACI John Doe Fa:c aC Insura.nce Company �■s Address us_�warnvpAr ww + rv9]RM •Y..� w.�u9rn n: msu%p.C _ Cautractor 'Nacre INSMER0: "_ I Address I __ xa7 � COVERAGES CERTIFICATE NUMBER: REVISION NUMSS7.1 TrnS IS TO CEF"'1FY THAT THE FOt:C1£S OF INSURANCE LS—=BELOW Fi4VE EFrN IS5•JE7'O K&MED A3M FOR THE POLMY PERIGO INOICJ,TFD. NOPNII'lSTAHCIN6 ANY REU:liiE3lt:r•FT,TERF4 OR CGNDITON OP AhY COkI'R•\CT OR OTTER DOCI'+lEN7+hs":F{RESPECT TO Y.�.1Ca1 THIi CE"FICATE MAY 9E 18MM OR MAY PERTX-N,IYE IN54isAesCF AFPOFiD37 BY r.-iF p`*_ICIES DnSCRi9£O r.E4clN 13 SUBJECT TO ALL Tie TSVIW. EXCLUSIO145 Ah7 OF SUCH POUCIE&LANTS-SHO"MAY HAVE BEEN P-MCCED BY FAiUCLAIMS, L r"OF e:BUFUNLM - v�asm i i LJ411'S 44eE¢fVLUu+r_'ra rX1c s 1 DDO IA i ,IrEncJLaa�u��lYaxtrr i Ip --.—�CIAmsS Y'E I ^1 OCCUR I I ar<L FXF ov �e s 'k0,90 1--1 III > InLiARi!1-LRY [ _ 1,00,00 r ! r--• � i 1 �I r�a>�pL�a�.sF s Z,000.9 �flr4A4 TE Uw-.Anne!I'M FEte[YJCr6•CO�sCP Ae'3 S 'M urr�c�s¢{s.iAear-i r �Irre.5 LE A X1 Aw AM BDLTLY frUIIY!Pra+�rl s 7�vr{-0 �lA.M 6DCkY"�rIARY • � Ij uLTSr�+LF L746 Ry�rt I U.0 C�S".wexE i A I txzC4�la0.a i O}tlffa-IaAC !! xmmaATE i Y.'Om�a.`+LCatW3W,7rON :I. .f " ""�a". w.zh'-'-' `'• sWw6.aFa....axwr � .:I oap DDO :ura PataIVE7ore�E�N iA I. MarxWuraeiasi. uo6A - �orsPJSK•aeMVL s .D4 rhalx�fY hN Isu , a e>satr:xw e:-5?o�•*o�cLewr s I,000 04C k ,��ocE3r,Tlor�r� I A r I aesxaiPnoN t�,oPSUTI�:s a LtctiTnas rv�aer.es t�*N acoFm rry Adm6md iN++�a seN.d�rma.�N raamruq W City of Delray_.--Beach is listed as Additional. lasLSSed Prodect Name; PTOJE•ct NI-rol:er: 30 Days Notice for Cancellation CIFUIFtCATE HOLDER CANCELLATION CrMB-1 SHOL1t•D ANY OF THE AEOVE t)MMIMSL?CLM ES K CAF CMUM BEFORE City of Delray Beach SHE -OIRATt4N DATE r4MS7, NMICg WILL PE DEELNEREA IN A=CFDANGE WITH THEPCLFCYFr 0v1sIoNs-_3Q Days NDCiCe 100 NW 1't Avenue De1raY Beach.FL 33444 nUixnav�xa�razrr� rE 9,1984-2919 ACORD CORPORATION.Al rights re.e!YeG ACORD 25 12 IMS) The ACOR7;Mme and Icy*wv mgisirmt marks 0:4 ACORr laid No-201 i-l0 Bus Rental and Driver Services 12 IMPORTANT K the or ggoate border is orl ADDITIONAL iNS�RGp, the pcficy0Q mUst b8 W=W- A statem" td1 this cefgr=ts does not confer rights to tha reed mte holder In lien ofwah ertdomemsnt(O. it SUBROGATfON iS WAVED.stged to W terms and omINans of the PolicY, certatrh poifates may reqplro an endorsement. A staternant at Ibis cert] ate does mi confer (40 to Ehe cerIIficate ho(dar In Rau of Stich endOmem*). DISCLAIMER The CMftata of Insumnee on the reverse side of this form does not consUtuta a cordrert betwaen the ImM9 IrhSt mr(s), ahMq(ked rapN mntattva or producer, end the certificate twtder, nor does It afftrmaHv }r or negativaly amend, eA�rtd or after Ow coverage afforded by the potides ftted thereon. Bid No.20 15-14 taus Rental and Driver Services 13 • I COMMERCIAL GENERAL UAEILIiY THIS ENDORSEMENT CHANGES THE POI.-ICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -• OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the folb wing: COMMERCIAL aNERAL LIARMTY COVERAGE PART A. Section it-Who Is An Insured is amended to This insurance does not apply to: Include es an additional insured any person or organlzetlon wtten you and such person I. -Budily iti}uly, 'property damage' or or nrgnnlzatiorr have agreed In writing in a 'personel end advertising injury"caused, carltrad or agreement that such person or In whole or in part by Ilia rendering of, organization be coded as an additional in- or the failure to render,any prolessional surn,c]nn youT Poky. Such person or organ- architectural, engineering, or surverying Ization Is an additional insured onhy with services,Including: respect 10 ItabILity caused,in whale or In part. by°yourworf.'performed forlhot insursc and a. The reoarinr„ a f included In the "products-completed open- F' prove, , p .sop to ampere or approve, maps, shop ations"hazard, drawings,opinions,reports,surveys, the coverage atfordad tc the Addhtonal In- field orders, change orders, or surnd is solcly limned to Ilability specifioslfy drawing and specifications;and resulting from Lns conduct of the Named In- sured, which may be impLned to the Addl- 6. Supery q". InspaCLin, archits- tionel ensured. tu-al,or engineering activitSes. R. This endorsement resides no coverage to P 9 2. Willful misconduct of, or for defects In the Additional Insured for liability caused,in design furnished try, the additional In. whole or in part, out o; the clatmed cured or its"ernployeael. heg{Igence of the Additional insured, other than which may be imputed to the Additional As a condition or coverage,the additional In- Insured by virtue of the conduct of the Named cured shalt be obllgated to tendar the defense neured and indemnity of every ciaim or suit to all C. With respect to the insurance afforded these other ihsurers that may ptovide coverage to additional insureds, the following additional the additional insured, whether contingent, exclusion applies: excess or primary. I nMutln G,r^htW A kftl e uuumsua se.rAentice,rm..va_5 n.perml.s;en CG 70 97 0105 Bid No,201 5-10 Bus Rental and Driver Services 14 STANDARD FORK OF AGREEMENT iBEVVFEEK 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, acknowledge. 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 Sid 0-1 Table of Contents 2 General C o n d i t i o n s, I n s t r u c t i o n s and I n f o r m a t i o n 3-7 Indemnity/Hold Harmless Agreement a Cone of Silence 9 Drug Free Worts Place Certification 10 Insurance Requirements 11 Insurance form Samples 12-14 Standard Form of Agreement 15-20 Corporate Acknowledgment 21 Certificate(if Corporation) 22 Specifications 23-26 Schedule of Pdcing 27 Vendor Additional Information 23 Professional References 29 Bid Signature Form 30 Statement of No aid 31 Checklist 32 Attachment(A) 33 Attachment(8) 34 Bid No.2015-10 Bus Ren1a1 and Driver Services 15 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 govemed 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. 9. In consideration of ten dollars ($90.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and Bid rb.?015-10 Bus Renuil and Drier Scniccs 16 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?U k 5-10 Bus Rental wid Driver Services, 17 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 199, 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 bylaw. 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.2015-10 Bus Rental and Driver Services l� 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 repeated by a duly executed written instrument. Sid No?015-10 lies Rental and Driver Services 19 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 Clem Cary D. Glickstein, Mayor Approved as to form: City Attomey WITNESS: CONTRACTOR: BY.• (Print or type name and title) (Print or type name and title) (SEAL) [lid Nn,2015-10 BLIs Rental and Driver Servie" 20 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 13id'Jo.2015-10 Bus Rental and Driver Services 21 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) 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 seat affixed, shall be the official act and deed of this corporation". 1 further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of ' 20 (Secretary) (Seal) Bid No.2015-10 13Lis Rental and Driver Services 22 SPECIFICATIONS BID No. 2015-10 BUS RENTAL AND DRIVER SERVICE A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to establish a firm price for "Bus Rental and Driver Service" for the Parks and Recreation Department for summer camp program, football program, holiday camp, daily special events and sport dance competitions. Service is of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. CONTRACT TERM: Commencing with the date of award on / or about December 05, 2014 and expiring two (2) years there-after. The City reserves the right to renew the contract for two (2) consecutive periods of one (1) year. C. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Detailed Specifications" should be addressed in writing/email nadal@)mydeIravbcach.com Purchasing Manager,Purchasing Division, at(561)243-7161. D. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. E. ESCALATION CLAUSE: The City of Delray Beach acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator/de-escalator clause will be accepted only under the following conditions: (a) Price increase(s) and price decrease(s) comparable to documented manufacturer's changes. (b) Receipt of proper notification to Purchasing, in writing, of all items affected by price increases/decreases. (c) Where all prices shall have remained firm for a minimum of 120 days after effective date of contract. (d) All price increase(s)an decrease(s)to be approved by the Finance Director. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving (60) days' notice to the Contractor. Bid No.2015-10 Bus Rental and Driver Services 23 F. PROGRAMS TO BE SERVICED BY BUSES AND DRIVERS: 1. YOUTH FOOTBALL PROGRAM: One to two buses with drivers will be needed on Saturdays from approximately 7:00 A.M. to 12:00 A.M.; approximately eight (8) "away" game dates will require up to two buses. Games begin approximately August 25th and travel through-out Palm Beach, Broward, Dade, Orange, Martin, and Indian counties. The buses will be needed through approximately November 30th. Requesting an hourly rate. 2. SUMMER CAMP: Up to two (2) buses a week with drivers will be needed for eight(8) nine camp weeks, Monday through Friday from 9:00 A.M. to 4:00 P.M. from mid-Junc through mid-August at various camp sites. The number of buses will depend on the number of children enrolled in camp. Requesting an hourly rate. 3. HOLIDAY CAMPS: Up to four(4) buses with drivers will be needed from 9:00 A.M. to 4:00 P.M. Monday through Friday (except actual holidays) from approximately December 26th through January 5th for Christmas/Holiday Camp and the week of Easter break from the public schools (late March or early April),total three (3) weeks. Requesting an hourly rate. 4. DAILY SPECIAL EVENTS: Up to four (4) buses and drivers for one (1) day events throughout the State of Florida. Buses will be reserved no later than 24 hours in advance. Requesting an hourly rate. 5. SPORT AND DANCE COMPETITIONS: Up to a total of six (6) buses per year for one (1) day (8 hr. day) sports and dance competitions throughout the State of Florida; time used will be dependent on the program or competition. Buses will be reserved no later than (24) twenty- four hours in advance. . 6. OVER-NIGHT AND WEEKEND TRIPS: Up to a total of three (3) buses for up to three (3) days and two (2) nights for annual trips throughout the State of Florida. Times used will be dependent on events. Requesting a per day rate. a. bus for out of state trips up to three (3) days and two (2) nights, requesting a per day rate. G. BUSES AND DRIVERS SHALL MEET THE FOLLOWING CONDITIONS: 1. Buses shall be certified by the State meeting requirements to transport school children with a minimum of fifty-seven (57) passengers, air conditioned with restroom, DVD players and radio dispatch. a. Buses shall be certified by the state meeting requirements to transport school children with a minimum of twenty (20)passengers to a maximum of forty-nine(49)passengers, air conditioned with radio dispatch. 2. Bus drivers and Company will meet all Federal and State rules, regulations, statutes, and ordinances, including proper driver's license, bus certifications, etc. 3. Buses shall have security cameras and drivers shall ensure that the cameras are operating at all time. Bid No3615-10 Bus Rental anti Driver Services 24 4. Liability insurance will be supplied by the chosen company. Copies of current insurance forms will be supplied by the vendor for each renewal made by the vendor within limits required by the City. Background checks are required by the City of Delray Beach on ALL assigned drivers. 5. Vendor must include a copy of the written procedures for supplying alternate buses for buses which are disabled during transport. 6. Buses that axe disabled three (3) or more times in a period of six (6) months may be considered none-conforming and maybe cause for termination of contract agreement. Vendor shall list in the bid what types of buses will be used for transportation. The City of Delray Beach reserves the right to reject any bus which does not meet minimum standards specified in this bid. 7. Vendor must supply three (3) or more recent references which are to include company name, address, contact person,telephone number or email address. 8. Rental fee to include all gasoline charges. All maintenance of all vehicles, including any towing charges incurred by disabled buses, will be the vendor's responsibility. 9. Total cost to include travel time from bus compound and back to bus compound. 10. The City of Delray Beach reserves the right to cancel this agreement by giving thirty (30) days written notice of the intention to cancel at any time the supplier fails to fulfill or abide by any of the terms and/or conditions specified. if a breach of contract is brought to the vendor's attention more than once,the second breach of contract will be grounds for immediate termination without further notice. 11. Any claims of damage must be reported immediately to the Recreation Superintendent, @ (561) 243-7136. Any necessary repairs for the damage must be submitted in writing with cost estimate and pre-approved by the Recreation Superintendent before repairs are started. 12. Number of hours,miles and buses or vans is approximations and specific numbers are dependent on other factors. Vendor will be given as much advance notice as possible, but not less than 24 hours. 13. Radio communication between the bus drivers and the bus dispatcher must be in effect and operating at all times. 14. The City reserves the right to cancel bus use for individual trips by giving 24 hours notice without penalty to the City. Successful company should specify specific cancellation policy and who should be notified. 15. In the event less funds are budgeted for a new fiscal period, the City shall notify the vendor of such occurrence, and may reduce the bus usage following the last day of the current fiscal period without penalty or expense to the City. 11 id No.2015-10 Bus Rental and Driver Services 25 16. A Recreation Supervisor riding a bus may request changes in the bus schedule or stops due to weather conditions or emergency situations. Driver must recognize staff requests for schedule changes and emergency stops and honor them. 17. Vendor should supply a dollar per hour overtime rate. All prices shall include parking/toll charges. Buses must stay with the group for the duration of the individual trip unless otherwise directed by the Center Recreation Supervisor. 18. Vendor shall supply to the City quarterly maintenance records of the buses used in various programs. 19. All buses must stay with the Parks and Recreation Department Camps and not go on another trip/location and leave our camp children at the program location without a bus. Bus and bus driver must stay with the camp event due to inclement weather or/an emergency situation. 14. INSURANCE CONDITIONS: 1. The Contractor will indemnify and save harmless the city against any and all claims connected with this contract except to the extent same are caused by the active negligence or misconduct of the City. 2. Contractor will provide a bus, properly inspected and as requested by the City, and a State licensed and Contractor qualified driver with Department of Children and Families (DCF) "Live Scan Background Screening". See Exhibit A for sample form. 3. Comprehensive general liability insurance with minimum combined single limits of $1 million per occurrence, including premises and operations, independent contractors, products/completed operations, and contractual liability. 4. Automobile liability insurance on "ail autos" basis with minimum combined single limits of $5 million per occurrence. S. Workers' compensation coverage as required by Florida State Statute, and Employer's Liability insurance with limits of at least$500,000 per accident. 6. A Certificate of Insurance must be received by the City prior to any Contractor activity related to the Contract. The Certificate will evidence the above insurance requirements and, in addition, will name the City of Delray Beach as an additional insured under the General and Automobile Liability Insurance policies. The Certificate will state that the City will be notified thirty (30) days prior to cancellation and/or modification to any policy of insurance. Bid No.2015-10 Bus Rental and Driver yen ices 26 SCHEDULE OF PRICING Bid #2015- 10 Pricing for Bus Rental and Driver Service: (Bus rental fee shall include driver, oil, gasoline, parking/toll charges, maintenance and towing charges for disabled buses.) NOTE: Hours indicated are approximations and actual hours may vary more or less. Item Description Rate Times (X) =Total Youth Football Program 8 Away games 1 2 Buses $. 90,00 _ 192 Hours $ 17,2280 12 hours per day Sport&Dance Competition 2 Buses Per Week 2 8 weeks $ 85.00 112 Hours $ _ 2.520 7 hours per day 3 Holiday Camp Program 4 Buses 3 weeks $ 85.00 84 Hours $ 7.140 7 hours per day 4 Special Events 4 Buses 10 uses per day $ 85.00 40 Hours $ —_3,400 S Sport&Dance Competition 20-57 Seat bus 6 Buses $ R5.00 48 Hours $ 4,OR0 8 hours per day Overnight/Weekend Trips 6 6 Buses $ 2,100 Per Bus $ 52,600 Day Rate = $1,050 Out of State 1 Bus $ 4,500 3 days) Per Bus $ 4,500 Day Rate = $1,500 $ 58,520 GRAND TOTAL(LINE ITEMS 1 THRU 7) Overtime Rate charge per hour(if applicable) Per Hour $ 85.00 Alternate bid price for one or more van(s),depending on need with driver for duration of Summer recreation program (8 weeks). Per Hour $ n/8 Alternate bid price for one (1) mini bus,depending on need with driver as needed. I Per Hour $ 75.00 JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? Yes 0 No Bid No.2015-10 Bus Rental and Driver Services 27 VENDOR'S ADDITIONAL INFORMATION Slid #2095-10 BUSES AND DRIVERS SHALL MEET THE FOLLOWING CONDITIONS: *Additional pages may be added if required. 1. Written procedures for alternate buses. The City of Delray may need to add additional buses with little notice. We can usualIV accommodate a request within one hour. If a mechanical failure should occur, we will respond immediate) by dispatching a replacement vehicle. 2. List the types of buses to be used for transportation. Please refer to the detailed fleet list 3. Specific Cancellation Polic . No charge will be applied if cancellation is made within 24 hours. If the cancellation is made within less than 24 hous $200 cancellation fee will be applied. 4. Contact person in the event of a cancellation by the City. Name Anna Linley Title General Manager Telephone No. 561-588-4446 Alternate Telephone No. 561-324-3816 Email Address aIinIey@academybus.com Bid No?015-10 Bus Rental and Driver Services 28 PROFESSIONAL REFERENCES BID No. 2015-10 Rut RENTAL AND DRIVER SERVICE *Please complete this page or attach your reference page to this sheet. AgencylCompany Palm Beach County Parks & Recreation Address PO Box 4036 city, state,zip West Palm Beach, Florida 33402 Contact Person Adrienne Huisman Telephone 561-966-7054 Date(s)of Service 2005 -current Type of Service summer camp Comments: AgencylCompany Boca West Employee Shuttle Address 7108 Fairway Drive, Suite 300 City, State,Zip Boca Raton, Florida 33418 Contact Person William Mayville rele hone 561-625-2501 Date(sj of Service 2000- current Type of Service Employee Shuttle Comments: A enc /Com an City of Belle Glade Address 110 Dr. Martin Luther King Jr. Boulevard City, state,Zip Belle Glade, Florida 33430 Contact Person Lillian Tomeu Telephone 561-992-1607 Date(s)of Service 2009 -current Type of Service community transit Comments: Contractors Name: Academy Bus LLC [aid No?015-1 0 Bus Rental and Driver Services 29 CITY OF DELRAY BID SIGNATURE FORM BID No. 2015-10 BUS RENTAL AND DRIVER SERVICE 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 then- State of Academy Bus, LLC origin BUSINESS STREET ADDRESS 6575 Southern Boulevard Y P.O. Box address not permitted CITY,STATE,ZIP CODE West Palm Beach, Florida 33413 MAILING ADDRESS: ❑x Check if same as Business address above. BUSINESS MAILING ADDRESS CITY,STATE,ZIP CODE AUTHORIZED SIGNATURE(Written) PRINT NAME Anna Linle TITLE (of person signing form) General Manager DATE TELEPHONE NUMBER 561-588-4446 FAX NUMBER 561-586-8821 EMAIL ADDRESS alinley@academvbus.com VENDOR SERVICE REP FOR ORDER PLACEM ENT NAME Minna Tervola TELEPHONE 1 CELL NUMBER 561-588-4446 FAX 561-586-8821 EMAIL ADDRESS mtervola@academvbus.com -Bid'No.20i5-10 Bus Denial and Driver Services 30 MIM FRMVL?L L MLOI G12MME 9RUMd U8C�r, ❑ YES ❑ NO ChecD2 MsR form ❑ YES ❑ NO Bid 4detro Auve Form ❑ YES ❑ NO $cliedvk of PyWns (Q hech Ior accmm,,cy) ❑ YES ❑ NI 0 kd(&a dv Ac4mcwledgement (n�any) ❑ YES ❑ N® Xndeosrst+ ftVjHoId- HVTM egs Agveement • YES ❑ NO Cone @f Silence • YES ❑ N® pr®®�of Qfismvcjn(re (Btrudaa&ng W rkaep's COMP auto) ❑ YES ❑ NO DTug r-Tee Warkpp uce CevWicaUan ❑ YES ❑ NO Pmge$fl0 VH Refevences ©r YES ❑ M0 SUSIwess Tan Receiipt+: a/YES ❑ NO W517mat5a" (lf any) 6'YES ❑ M0 Live Scesw Eankgfi-aune scimening Fore m ❑ YES ❑ KI C pf M(p) We m oaf nd4 to#;:has teevma%s ) Vendw Name: Academy Bus, LLC (Please print) Thank you for yow onterest in the City of Delay Beach Bid Nc>?015-10 Bus Rental and Drivtr Services 32 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Facilities Manager Randal L. Krejcarek, P.E. LEED AP, GISP Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: January 13, 2015 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 IN LIEU OF PARKING FEE AGREEMENT/SONOMA GRILL BACKGROUND Sonoma Grill, located at 640 East Atlantic Avenue, has submitted a Class III site plan modification for the conversion of 2,215 sq. ft. of retail floor area to restaurant and an addition of 1,163 sq. ft. of new restaurant floor area by enclosing an existing entry foyer and courtyard area. Land Development Regulations, (LDR), Section 4.4.13(G)(1) requires the provision of parking spaces for expansions or changes of use, requiring 6-spaces per 1,000 sq. ft. of floor area for restaurant uses. The 2,215 sq. ft. conversion of use requires six, (6) spaces, calculated by crediting the difference of I- space per 300 sq. ft. for retail use (2,215/300=7.38) and 6-spaces per 1,000 sq. ft. for restaurant use, (2,215/1000x6=13.29), resulting in the requirement of 5.91 spaces which rounds up to six, (6) spaces, (13.29-7.38=5.91). The 1,163 sq. ft. of new restaurant floor area requires seven, (7) spaces (1,163/1,000=1.16x6=6.96, rounding up to seven, (7)). No crediting of spaces is calculated as this is new restaurant floor area. The proposal, as illustrated above requires a total of 13-spaces The subject property currently has a 24 space parking lot. The proposed site plan offers several options, (see attached). Two options result in the provision of four, (4), new parking spaces through the reconfiguration of the existing lot by creating compact spaces and providing one (1) additional ADA Compliant parking space. In order to provide these additional spaces, waivers to the landscape requirements and stacking distance will be required. These waivers are processed during the site plan approval process through the SPRAB, (Site Plan Review and Appearance Board). LDR Section 4.6.9(E)(3) empowers the City Commission to approve the payment of a fee in-lieu of providing required parking spaces when none of the in-lieu spaces are related to residential use and parking spaces provided under this provision do not exceed 30% of eligible parking. Before granting such approval, the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. Through recent modifications to the in-lieu of parking program, the subject property is located in Area 1, where the cost of spaces are $23,660 each, resulting in a total in-lieu fee of $212,940, to be paid via an In-Lieu of Parking Fee Payment Agreement, in accordance with Section 4.6.9(E)(3) of the LDR. The agreement requires a 50% payment upon signing the agreement and two, (2) 25%payments on the 2nd and Yd anniversaries of the agreement. While concern over the number of spaces requested may be valid, and could be reduced by six, (6), spaces by excluding the courtyard, the fact remains that regardless of how the courtyard is utilized, being interior to the site it is associated with the uses, if nothing more than a waiting area for customers to be seated. Therefore, of the options provided, Staff is recommending option 3 for nine, (9) in-lieu of parking spaces, including conversion of the retail area to restaurant, the establishment of new floor area for the entry and courtyard areas. In addition to on-street parking located on SE 7th Avenue and East Atlantic Avenue nearby public parking is located at the Gladiola Lot, located on SE 6th Avenue,just south of Atlantic Avenue with 74 spaces and the Veteran's Park Lot, located on the north side of the 700 block of Atlantic Avenue at the Intracoastal Waterway with 102 spaces. It is noted, LDR Section 4.6.9(E)(3) exempts any maximum number of in-lieu spaces required for conversions of use. Therefore, the seven, (7) spaces required for the new floor area, meets the 30% limit of in-lieu of parking spaces being requested. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages the rehabilitation and revitalization of the CBD (Central Business District) through several means, one being the accommodation of parking through innovative actions such as the In-Lieu of Parking Program. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The City Commission is being asked to approve a request from Sonoma Grill for the purchase of nine, (9) in-lieu of parking spaces, at a cost of$212,940, to be paid via an In-Lieu of Parking Fee Payment Agreement. RECOMMENDATION By motion, approve the request from Sonoma Grill for the purchase of nine (9), in-lieu of parking spaces, at a total cost of $212,940, to be paid via an In-Lieu of Parking Fee Payment Agreement, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the Land Development Regulations. i ®veiii besign Associates, Inc. Urban Planning o Landscape Architecture Dana Little, Planning Director August 11, 2014 City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 F -u z RE: Request for in-lieu parking — 640 E. Atlantic Avenue tit Dear Mr. little: ' ?' Please accept the attached application and associated documents for the request for in- lieu parking for the property located at 640 E. Atlantic Avenue. Current use - The property-consists-of-three-buildings-connected-with-open-air-walkways-surrounding -- -- --- a courtyard. The property currently has the following uses: • Standalone bar at the SW corner of the complex = 2,039 sq. ft. • Retail at the SE corner of the complex = 1,195 sq. ft. • Restaurant at the NE corner& along the east side of the complex = 2,922 sq. ft. • Retail at the NW corner of the complex = 1,020 sq. ft. • Paved Courtyard 1 outdoor seating area = 895 sq. ft. When the property was developed, the code required 1 parking space for 300 square feet of commercial use. A total of 24 parking spaces was required and is provided in a parking lot on site in the south portion of the property. The uses have not changed and the site is vested for the current parking provided. 24 Spaces are required/ provided for the existing uses in the building. Proposed change of use The proposed use of the property is to retain the following uses as they are currently being utilized: • Standalone bar at the SW corner of the complex = 2,039 sq. ft. • Restaurant at the NE corner& along the east side of the complex = 2,922 sq. ft. The following existing uses will be modified as follows: • Retail at the SE corner of the complex to be converted to restaurant use = 1,195 sq. ft. • Retail at the NW corner of the complex to be converted to restaurant use 1,020 sq. ft. 2295 NW Corporate Blvd ♦ Suite 213 • Boca Raton, Florida 33431 561 .910.0330 ♦ Landscape Architecture # LC 26000287 www.coveIIldesign.com These existing uses had parking calculated at 1 space per 300 square feet for a total of 2,215 square feet of space which required 7.38 spaces at 1 space per 300 sq. ft. The proposed restaurant use will be calculated at 6 spaces per 1,000 square feet which will result in 13.29 spaces being required. The required parking for the change of use will be the difference between the current use and the proposed use parking requirement. This will be the difference between 7.38 retail spaces vs. 13.29 restaurant spaces which will require 5.91= (6) new spaces to support the change of use of this 2,215 square foot space. 6 Spaces re uired for the conversion from retail to restaurant. Proposed new use Two areas of the property which were being used as common space that did not have a parking allocation will now be converted to space with a specific use. These areas will be modified as follows: • Paved Courtyard 1 outdoor seating will become open air dining = 930 sq. ft. • Open air foyer will be enclosed and become building area = 233 sq. ft. The above uses were being utilized in the past but had no parking allocated to their use. Therefore the utilization of this space will require parking to be provided at a rate of 6 _ spaces per 1,000 square feet because the space will be utilized as restaurant space. The customer seating area will be expanded to 930 square feet and will be used for open air dining associated with the restaurant. The existing foyer which is currently open air will be enclosed to link the spaces as one unified restaurant space and therefore will also require parking spaces as a new use. This will result in new use of space totaling 1,163 sq. ft. with a parking rate of 6 spaces per 1,000 square feet for restaurant which will result in 6.98 (7) spaces being required to support the newly created space. 7 spaces required for the creation of new use/ restaurant space. Parking allocation The calculations above show that an additional 6 parking spaces are to be provided to support the conversion of 2,215 square feet of retail space to restaurant. The calculations above also show that an additional 7 parking spaces are to be provided to support the creation of 1,163 square feet of space to be utilized as restaurant. A total of 13 parking spaces are required to support the conversion of space and the creation of new space for restaurant use. The required parking spaces will be provided as follows: • Onsite parking consisting of 23 standard spaces and 1 handicap space is currently in the parking lot on the south side of the property. Restriping of the spaces will result in providing 21 standard spaces, 1 handicap space, and 6 compact spaces resulting in a total of 28 parking spaces. The 4 new spaces i created by this restriping will be credited towards the 13 required parking spaces associated with the conversion/ creation of the restaurant space. ® The remaining spaces required for the restaurant conversion/ creation of the space to be utilized results in 9 spaces that cannot be provided on site. These spaces will be provided by utilizing in-lieu parking fees. In summary, the 13 new parking spaces required for the use conversion and new use creation less 4 new on-site parking spaces created will result in 9 in-lieu parking spaces being requested. Additional off-site parking will be provided by constructing 1 on-street parallel parking space along the west side of SE 7th Avenue at the south end of the 6 existing spaces along that portion of the street. This additional parking space will be utilized by the restaurant patrons and the general public. Pursuant to LDR Section 4.6.9(E)(3)(e), a credit of 1/2 of a parking space towards the in-lieu fee is requested for constructing this additional on-street parking space. Public parking is available in close proximity to the project in the Gladiola Parking Lot on SE 6th Avenue and at Veteran's Park. Other public parking and opportunities for valet parking is available throughout the downtown area, I would request that you approve the in-lieu parking allocation as listed above. Thank you for your consideration. Please feel free to contact me should you have any questions. Si ly, oGovel D g A ociafes, Inc. Micha69I J. Covelli, ASLA/AICP Dana Little, Planning Director November 14, 2014 City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 RE: Request for in-lieu parking — 640 E. Atlantic Avenue Dear Mr. Little: As per our previous meeting, please find below a summary of the options proposed for the in-lieu parking request for the above listed property. There are four options proposed. Options 2 and 4 are for in-lieu spaces that would be accomplished by only paying the in-lieu fees. Options 1 and 3 include modification to the on-site parking lot to create four addition spaces by restriping and including some compact spaces. These options are only possible with a request for waiver to not upgrade the parking lot islands. However, the existing sidewalk along the north side of the parking lot will be moved adjacent to the fronts of the parking spaces to provide a more efficient pedestrian flow and create additional landscape areas along the front of the building. Additionally there is excess asphalt area along the south side of the parking spaces that will be removed to create additional green space along the south side of the parking lot. This additional green space will offset the request to not upgrade the parking islands. Ideally Option 3 would be the option that is being requested which would permit the parking lot to be modified to create 4 new spaces utilizing a waiver request for the landscape island upgrade, converting the retail space to restaurant, creating the enclosed foyer area which is currently open air, and utilizing the courtyard for outdoor dining. This will result in a requirement of 9 in-lieu spaces. Unfortunately the courtyard is not adjacent to a public right of way and therefore is required to provide parking for the utilization of it. Keep in mind that if the courtyard were to be adjacent to a right of way it would be categorized as a sidewalk cafe and no additional parking would be required to utilize it for dining. The courtyard space requires 6 parking spaces to be utilized. If it is determined that Option 3 is an excessive request, then Option 1 would be the reduced request of choice. This option would still require the landscape waiver to permit the construction of the four parking spaces in the onsite existing lot and not utilize the courtyard for outdoor dining. This option would require 3 in-lieu spaces in addition to the construction of the 4 on-site parking spaces. Option 1 and 3 are dependent on a landscape waiver being granted. If the landscape waiver is not granted, then Option 2 would be the final choice which would leave the parking lot in its current configuration and provide in-lieu spaces for the conversion of the retail space and the creation of the enclosed foyer. The courtyard would not be utilized for dining. This option will require 7 in-lieu spaces. The request for in-lieu spaces will facilitate the improvement of the vacant restaurant which is very deficient in kitchen and freezer/ refrigerator space internal to the building. The conversion of the retail space will provide the space needed to properly service an upscale restaurant with adequate restroom, refrigeration, and preparation space and provide a bar/waiting area to adequately service patrons. The following is a summary of the parking space calculations and the associates square footages of the building to be utilized: Option #1 In-Lieu Request • Convert 2,215 square feet of Retail space to Restaurant • Enclose Foyer Area —233 square feet of new building area • Restripe existing 24 space parking lot to gain additional 4 spaces (Including additional accessible space) for a total of 28 spaces (landscape waivers required for interior and terminal islands) • Parking Requirements table: Parking Requirements For Existing Building Uses Use Parking Requirement Required Spaces Standalone Bar ( 2,039 sq. ft.) 1 Space/300 sq. ft. 6.80 Retail ( 2,215 sq. ft.) 1 Space/300 sq. ft. 7.38 Restaurant (2,922 sq. ft.) 1 Space/300 sq. ft. 9.74 TOTAL REQUIRED SPACES 23.92 = 24 Parking Reauirements with Proposed Changes Standalone Bar ( 2,039 sq. ft.) 1 Space/300 sq. ft. 6.80 Existing Restaurant (2,922 sq. ft.) 1 Space/300 sq. ft. 9.74 Convert Retail to Restaurant (2,215 sq. 6 spaces/1,000 sq. ft. 13.29 ft.) New Restaurant Space (233 sq. ft.) 6 spaces/1,000 sq. ft. 1.40 TOTAL REQUIRED SPACES 31.23 = 31 TOTAL PARKING PROVIDED 28 IN-LIEU PARKING REQUESTED 3 SPACES Option #2 In-Lieu Request • Convert 2,215 square feet of Retail space to Restaurant • Enclose Foyer Area —233 square feet of new building area • Existing parking lot to remain as is • Parking Requirements table: Parking Requirements For Existing Building Uses Use Parking Requirement Required Spaces Standalone Bar ( 2,039 sq. ft.) 1 Space/300 sq. ft. 6.80 Retail ( 2,215 sq. ft.) 1 Space/300 sq. ft. 7.38 Restaurant (2,922 sq. ft.) 1 Space/300 sq. ft. 9.74 TOTAL REQUIRED SPACES 23.92 = 24 Parking Requirements with Proposed Changes Standalone Bar ( 2,039 sq. ft.) 1 Space/300 sq. ft. 6.80 Existing Restaurant (2,922 sq. ft.) 1 Space/300 sq. ft. 9.74 Convert Retail to Restaurant (2,215 sq. 6 spaces/1,000 sq. ft. 13.29 ft.) New Restaurant Space (233 sq. ft.) 6 spaces/1,000 sq. ft. 1.40 TOTAL REQUIRED SPACES 31.23 = 31 TOTAL PARKING PROVIDED 24 IN-LIEU PARKING REQUESTED 7 SPACES Option #3 In-Lieu Request • Convert 2,215 square feet of Retail space to Restaurant • Enclose Foyer Area —233 square feet of new building area • Restripe existing 24 space parking lot to gain additional 4 spaces (Including additional accessible space) for a total of 28 spaces. (landscape waivers required for interior and terminal islands) • Parking Requirements table: Parking Requirements For Existing Building Uses Use Parking Requirement Required Spaces Standalone Bar ( 2,039 sq. ft.) 1 Space/300 sq. ft. 6.80 Retail ( 2,215 sq. ft.) 1 Space/300 sq. ft. 7.38 Restaurant (2,922 sq. ft.) 1 Space/300 sq. ft. 9.74 TOTAL REQUIRED SPACES 23.92 = 24 Parking Reauirements with Proposed Changes Standalone Bar ( 2,039 sq. ft.) 1 Space/300 sq. ft. 6.80 Existing Restaurant (2,922 sq. ft.) 1 Space/300 sq. ft. 9.74 Convert Retail to Restaurant (2,215 sq. 6 spaces/1,000 sq. ft. 13.29 ft.) New Restaurant Space (233 sq. ft.) 6 spaces/1,000 sq. ft. 1.40 Outdoor Dining (930 sq. ft.) 6 spaces/1,000 sq. ft. 5.58 TOTAL REQUIRED SPACES 36.81 = 37 TOTAL PARKING PROVIDED 28 IN-LIEU PARKING REQUESTED 9 SPACES Option #4 In-Lieu Request • Convert 2,215 square feet of Retail space to Restaurant • Enclose Foyer Area —233 square feet of new building area • Existing parking lot to remain as is • Parking Requirements table: Parking Requirements For Existing Building Uses Use Parking Requirement Required Spaces Standalone Bar ( 2,039 sq. ft.) 1 Space/300 sq. ft. 6.80 Retail ( 2,215 sq. ft.) 1 Space/300 sq. ft. 7.38 Restaurant (2,922 sq. ft.) 1 Space/300 sq. ft. 9.74 TOTAL REQUIRED SPACES 23.92 = 24 Parking Reauirements with Proposed Changes Standalone Bar ( 2,039 sq. ft.) 1 Space/300 sq. ft. 6.80 Existing Restaurant (2,922 sq. ft.) 1 Space/300 sq. ft. 9.74 Convert Retail to Restaurant (2,215 sq. 6 spaces/1,000 sq. ft. 13.29 ft.) New Restaurant Space (233 sq. ft.) 6 spaces/1,000 sq. ft. 1.40 Outdoor Dining (930 sq. ft.) 6 spaces/1,000 sq. ft. 5.58 TOTAL REQUIRED SPACES 36.81 = 37 TOTAL PARKING PROVIDED 24 IN-LIEU PARKING REQUESTED 1 13 SPACES Thank you for your consideration. Please feel free to contact me should you have any questions. Sincerely, Covelli Design Associates, Inc. Michael J. Covelli, ASLA/AICP Prepared by: RETURN: Noel Pfeffer,Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach,Florida 33444 IN-LIEU OF PARKING FEE/REIMBURSEMENT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the day of 1201, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida("City"), and PR REI, LLC, owner of the property ("Owner"). WHEREAS, Owner is the owner of certain real property located at 640 East Atlantic Avenue, Delray Beach, Florida, 33483 and referred to herein as the"Property"; and WHEREAS, Owner has applied to the City for approval for the conversion of use and creation on new restaurant floor area ; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing nine (9) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations also provides that the in-lieu parking fee shall be Twenty Three Thousand Six Hundred and Sixty Dollars ($23,660)per parking space; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms of the in-lieu fee and reimbursement. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See Attached Exhibit"A". 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing nine (9) of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Two Hundred and Twelve Thousand Nine Hundred and Forty dollars ($212,940) (which represents $23,660 per parking space). The total fee shall be paid as follows: (a) One payment in the amount of One Hundred and Six Thousand Four Hundred and Seventy dollars ($106,470.00) by check delivered to the City upon execution of this Agreement by the Owner. (b) Two payments, each in the amount of Fifty Three Thousand Two Hundred and Thirty Five dollars ($53,235), due on the second and third anniversary of the date of this Agreement. (c) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make the payment in the time allowed, the City shall provide written notice by certified mail, return receipt requested to Owner at 102 NE 2nd Street, Suite 305, Boca Raton, FL, 33432, or at such other address as may be designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The 2 City shall thereby be entitled to file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County. 11. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary Glickstein, Mayor Approved as to Form: By: City Attorney WITNESSES: OWNER: By: Print Name: Print Name: (CORPORATE SEAL) 3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2015 by (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 as identification. Signature of Notary Public - State of Florida 4 I nloellgoaV edeospuerl . 5uiuueld uegan epuolj yoeag AeJlad I •oul saleloossd anuany oguepv otiq °_ o££o-moss U61Sa� _ N lrb£E ePUOj`uW eeay ctZatlnS'P'lo ateiodi"WO SGZ., llla^oo }senbad bui�aed jo nail-ul ,.e M £ �xluu H1 a;�p 2iON lain F d z k N z wNS one.r <-6 � p o r 2i Rol v s' m J $ m 3nN3Ad OliNV�J-V 2 °Be 0059 3„51,6 N A a6 A ----------------- o D D --- — — v= :009 °.a °i CD El M a °Zf a s a ° N IMA X914 _ U) 'g 15 0� Q 2.0 CN am y 3= ggg@ E @g; an W aoPQ e a a s x o Y 0 o W @ a 1 g Y 9 z g g.R ili III M z LU vnn lL W N89°19015” 50 00' U 0 17' w zo' E O E € € �.� <.8' PAVERS 4.4 ❑ FD �N m O 0" - O �F__ owe— ow ——N - CV — m 4.4 a e W — WOOD DEL 37.3' Bench . 6enrA Es Gate I( Ex.Gate 12.0• 334 — ----- Ex.Sidsxralk � 81 3,0 Ex.Lantlscap°ArpaPaPna to Remaln Fx Landsu�pa Area-Palrns to Ramarn of Nsu 5'all-II,Locaaan N-5'SiEevialk Locatlmr Ex. ® ® 4.9' Exlstfn9 ® ® ® ® ® 129' 12.0' 65 �a umo s se edu saa ue a eon Las a o ( y p � p p l I Q 1) lol bullAed lleydsy 6ullslx3 z 16,0' 8.0' .� s� Existing o .0 12.7' Exist. M„91,6LD68S s89:19151w� 0 00' '4Ll/99tE"9'8'0)1NINISV3,S rt--i a0(m Leudse'x: s��aa ainloaligaiV edeospue-j eplaolj goeag AeJla❑ N Le'oo,�a� ou sa eloossd p§_ 1 anuany ai;ueljb'Oti9 u61sa� LH�� senba)JJ bul Je IO nal U£1Z a1�5'PIN e!iutlio�'M'N—z IIIaAOi 'I d 3 �- I HLaoN o3 1"utiS 13 N LJ LJ Lu a z �� _ N In N3 ,d a� aoo Ir c Y U @ - d 6 o � O ? J ION W N3AV OIlNV iV a 0099 x,51,6 N q w 5� o Ww &am _ I CD E 06 s a N n --35.4' 64 Z —� 2.0' 0 CN ID ° m w c h- o o z a ,_ _ �LLI w IMn °` W 5 89°19a 15 5Q o-»— __-- z0' n^e C ID N �N O� O '6 S m .3'F---- — 4.4 LLI m J Ex WOOD — 120 334 DECK 333' ' .' W ® Ex C3 SK-1k EXI St 9 ® ® ® ® ® O U] Existing N a 111 a .,j of fiul��ed fiullslx3 Existing a# Exist 12.T . N 13 4,7 00991 M„51,61.695 (909"1'6LL 199tC 9'8'0)1NINISV3 S �� IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR SONOMA GRILL/ PR REI, LLC 1. This in lieu parking fee request for the purchase of nine (9) parking spaces in-lieu has come before the City Commission on February 3, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Sonoma Grill/ PR REI, LLC at 640 East Atlantic Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to conversion of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of conversion of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of nine (9) parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? The in lieu parking fee is $23,660.00 per space totaling $212,940.00. Payment is due upon issuance of a building permit. Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3rd day of February, 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal Krejcarek, P.E., Director of Environmental Services Department Victor Majtenyi, Deputy Director of Public Utilities THROUGH: Donald B. Cooper, City Manager DATE: January 21, 2015 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 BID AWARD/TANNER INDUSTRIES,INC. BACKGROUND Request consideration for an award to Tanner Industries, Inc., the second bidder, for the purchase of Anhydrous Ammonia for use in the water treatment process, a unit cost of$0.79/pound, at an estimated annual cost not to exceed $58,000. Anhydrous "without water" Ammonia, in conjunction with chlorine, is used in water treatment to produce potable water. Combined, it produces Chloramines, which last longer than chlorine, thus offering consistent bacterial control, as well as regulating disinfectant by-products. Utilizing a formal bid process, the City opened bids on November 14, 2014. The following vendors submitted bids with the associated unit price per pound(gas): Airgas Specialty Products, Inc. $0.74/pound Tanner Industries, Inc. $0.79/pound Upon examination of the bid documents, both respondents submitted comments relating to exceptions with the City's standard Indemnification/Hold Harmless terms and conditions. The City's Purchasing Department conveyed to both bidders that the terms and conditions were identified in the bid documents, and thus inquired with each bidder if they would execute the City's form of agreement without exception. Airgas Specialty Products, Inc. would not, but Tanner Industries, Inc. would accept the language in the agreement as identified in the bid documents. Therefore, staff's recommendation is to award to Tanner Industries, Inc. The approximate annual cost difference between the two vendors is approximately $3,000. The contract term is three years, with the option to renew for two additional one year periods. This item was bid according to Code of Ordinance, Section 36.02 (A)(1), "Sealed Competitive Method". The "Standard form of Agreement Between the City and Contractor", along with the appropriate insurance certificates, will be executed upon approval by City Commission. DISCUSSION Consider an award to Tanner Industries, Inc., as the second bidder, for the purchase of Anhydrous Ammonia for use in the water treatment process, at a unit cost of$0.79/pound, at an estimated annual cost not to exceed $58,000. TIMING OF THE REQUEST The timing of the request is of high importance; supply of the chemical is critical to the water treatment process. FUNDING SOURCE Funding is available from operating account #441-5122-536-52.21, Water Treatment and Storage / Chemicals. RECOMMENDATION Through a motion, approve an award to Tanner Industries, Inc. for the purchase of Anhydrous Ammonia for use in the water treatment process, at a unit cost of$0.79/pound, at an estimated annual cost not to exceed $58,000. § d LO z Ln . { f \ � \ C © £ E . w . t . (L ¥ z > : » _ z z � L Z � x z } « � � z a 6 z $ / S c D / k S � o LU z k z # o > z z z 3 E « ¥ Ln a . \ N 3 Vv x - 2 $ z d a 0 k 2Z - ) } @ - x « m % ui } % ot IA ` ) } J � \ § \ R m m 2 E k i O I LU o CL � } B $ } a E Lu 0 = 2 S � -j � / � 2 a � \ § / m § L \ < o L \ k k \ � B { W § I k � 0 E § u 2 6 ' e m 3 uj o « z $ Ln � § k 0 z / 2 q � E § \ $ § \ 2 LLJ / a = 2 m § k \ k § \ \ k \ § § < 4 0 < u w u « u 00 Almas Airgas Specialty Products,Inc. 2530 Sever Road,Suite 308 Lawrenceville,GA 3OD43 (800)295-2225 Fax:(877)342-3998 vnwa.airgasspectaltyproducts.com November 11, 2014 City of Delray Beach Purchasing Office 100 NW 1St Ave Delray Beach, FL 33444 RE:Bid No. 2015-09—AttltydrottsAtntrtoniaAttttttal Cotttrttct To Whom It May Concern: Enclosed please find our response to your bid. We appreciate the opportunity to potentially service your requirement. In regards to Addendum No. 1, we have inspected the tank and found that the condition is acceptable. We have attached our inspection report listing some minor recommended repairs. Our attorney has reviewed the terms; all proposed changes are included herein. We look forward to working with you and your team. Let us know if you have any questions or concerns. Thanks, Cynthia Thomas Contract& Sales Coordinator Airgas Specialty Products, Inc. 2530 Sever Road, Suite 300 Lawrenceville, GA 30043 678.985.7332 eFax:877.342.3998 cynthia,thomas@aii,was.com COPY i i I: 1 SCHEDULE OF PRICING BID No. 2014-09 ANHYDROUS AMMONIA ANNUAL CONTRACT o BID FORM All Bidders shall submit pricing in the format requested ANHYDROUS AMMONIA BULK! s ( per lb, X 65,000 lbs. A, Anhydrous Ammonia annual estimated usage: 65,000 Pounds B. Quantities shown are for estimating purposes only, not a guarantee of actual usage, ordered on an "as 2. needed" basis. C. Per pound pricing should be all inclusive,delivery, freight, etc. D. Metallurgical or Premium.Grade(99,995%pure)Anhydrous Ammonia E. NSF Certified F. Certificate of Analysis provided with deliveries G. Delivery hours:7:00 A.M.to 4:00 P.M., Monday thru Friday(except legal holidays) H. City Contact:John Bullard,Water Treatment Manager 1, Delivery Address: 201 SW 7th Street, Delray Beach, FL 33444 J. Invoice Terms:Thirty(30)days from day of delivery and acceptance K. All prices are to remain firm. L. Awarded contractor shall be responsible for transferring the product from transport vehicle to the City of Delray Beach storage vessel. } M. Bidder shall specify minimum shipping amount if any: .3c�D�) ib M i Y) „.Q�G�P/ s NOTE:The Water Treatment Plant has a 1,000 gallon tank. Therefore, the ammonia delivered maybe LESS THAN TRUCK LOAD QUANTITIES. 1. Does bidder ceitif3,the tank acceptable for delivery and storage of anhydrous ammonia? X YES ❑ NO 2. Certification attached: ❑ YES Ig NO 3. Rehabilitation Cost to meet tank service certification: Lump Sum Cominents/ExceRtions: JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. ❑ YES NO VENDOR NAME: a r 1`I a C -T�nd/ yC� Bid#2015-09 Addendum No. L 281 P a g e 0 ° i I I INDEMNITYIHOLD HARMLIESS AGREEMENT Bilk No. 2014-09 ANHYDROUS AMMONIA ANNUAL. CONTRACT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law; indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts;disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. -The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. I rein .1 P0& _ @( It (10114 ont dot's Name Sign—at u We D to Bid#2015-09 Anhydrous Ammonia 91 P :1 C 0 P COME OF SILENCE BID No. 2014-09 ANHYDROUS AMMONIA ANNUAL CONTRACT The Palm Beach County Lobbyist Registration Ordinance (Sections 2-359 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 goveming 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 shalt 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 lfl, division 2,part A, section 2- 59 et seq.)or municipal ordinance as applicable. (t) 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 goveming body as applicable, awards or approves a contract, rejects alt 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. Cwer 7 � af racto s Name Sig'natur'e Da I Bid#2015-09 Anhydrous An'unonia I6 I DRUG [FREE WORKPLACE GERTIFICAVRON BID No. 2014°07 ANHYDROUS AMMONIA ANNUAL CONTRACT If identical fie bids exist, preference will be given to the vendors who submit a certification with their bidlproposal 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 if 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 later of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. A.rcija or'tora 1+4 10dJr�ki If � R � Codtractdr's Name/ Signatur Da Bid P2015-09 Anhydrous Ammonia I CORPORATE ACKNO LEDGMEM ' STATE OF� COUNTY of �� The foregoing instrument was acknowledged before me this 10'day of 20_L4_, by, aj()-3� of ,'Ia4f�,,LjS(name of officer or agent, title of officer or agent), of Tit(-r��T�v�r�r.(b � (state or place of incorporation) corporation, on behalf of the corporation. HefShe is personal] known tome) for has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Cv&VL,t { xla7ly� Name of Acknowledger Typed, Printed or Stamped TNO �1�11i1111�1r! +g cn. �' p �� rJ '\ Q a V CO U N�,X Bid 42015-09 Anhydrous Atyunonia 221 i e CERTIFICATE (if Corporation) COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF DELAWARE } I HEREBY CERTIFY that pursuant to unanimous written consent of the Board of Directors of Airgas Specialty Products, Inc., a corporation under the laws of the State of Delaware (the "Corporation") dated November 12, 2014, the following resolution was duly passed and adopted: "RESOLVED, that Stephen Tullis, as Director of Contracts and Marketing of the Corporation, is hereby authorized to execute the Anhydrous Ammonia Annual Contract dated November 10, 2014, between the City of Delray Beach, Florida and the Corporation, and that his execution thereof, attested by the Assistant Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of the 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 November, 2014. "IT- �A) Joan W. Schwartz Assistant Secretary (Seal) Bid V20 15-09 Anhydrous Ammonia 23 Page I PROFESSOGINAL REFERENCES BI No. 2014-09 ANHYDROUS AIV ONIA ANNUAL CONTRACT "Please comlete this page o ttach your reference page to this sheet. A ana/Comoan Address ctr ,State,zip Contact Person Telepftane _ ^� _�� Ty e of Service �r Q , t Comments: Aganc,ylCompany Address `� < C!L,State,ZipG� Contact Person Tefe hone �s� •�— DWe(s)of Service Type of Service vl —Q— Comments: i Agenc/Compare Address city, State, Zi QL— Contact Person _ Telephone t Dafs(s)of Service Typ2 of Service Comments_ VENDOR NAME; ` `f°' �� �-C� �•.. �t'*� mac_ Bit!fr2015-09 Anhydrous Ammonia 291 (C CITY OF LALRAY 8110 SIGHAVURK FORM BID No. 2014-09 ANHYDROUS AMMONIA PLEASE AFFIX SIGNATURE INHERE 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 tuft understanding of the conditions governing this bid. NAME OF BIDDER 9 Name as registered with their Statc of , origu� r BUSINESS STREET ADDRESS 3, P.O. Box address not porinitted s CITY,STATE,ZIP CODE, Law rein coV MAILING ADDRESS- X Check if same as Business address above. BUSINFSS MAILING ADDRESS 1/ CITY,STATE,ZIP CODE AUTHORIZED SIGNATURE(Written) PRINT NAME TITLE {of person signing form) Di recloc nic CQY-dr�c,+-s DATE TELEPHONE NUMBER aa FAX NUMBER -1 EMAIL ADDRESS 4-Kk O— r—TP\Q S & e01 VENDOR SERVICE REP FOR ORDER PLACEMENT NAME O o r TELEPHONE / CELL NUMBER -- FAX �j 7 7— to AR — 7 116 EMAIL ADDRESS 11 e, �f1 _r` L° r Bid#2015-09 Anhydrous Ammonia 30 0000 Airgas Specialty Products Redline L INHHUM INSURAIRCE REQUIREMEWS BID No. 2014-09 ANHYDROUS AMMONIA ANNUAL CONTRACT 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. A Best Rating of no less than A-7 is required for any carriers providing coverage required under the terms of this Contract B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: I 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 Ilnrit of$1,000,000 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: I a) Minimum limits of$1,000,000 per occurrence combined single limit for Bodily injury Liability and Property Damage Liability. b) City of Delray Beach is listed as Additional Insured in Description of Operations. Section, c) Contractor must submit an `Additional Insured Endorsement Page" d) Premises and/or Operations,minimum of$500,000. e) Independent Contractors, 0 Products and/or Completed Operations. g) 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 Arrto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of$9,000,000 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 paragraph should be received prior to commencement of work. The contractor shall endorse the City of Delray Beach as additional insured. if the Initial , renewal eertifleates shall be fumished thi" (30) days pfie-Ile the date of e*piFatien. Also, under the Cancellation section of the Certificate of insurance the contractor "not the insured"I shall be required to notifV the City of material changes or cancellation of insurance policies, ar non-renewal. Bid t#201 ti-09 Anhydrous Ammonia 121 I I Airgas Specialty Products redline 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 lawn. 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, not or civil cornmotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and unesual e,-pens ("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€2015-0 Anhydrous Ammonia 201 �.a Airgas Specialty Products Redline Airgas Specialty Products, Inc. City of Delray Beach Bid No.2015-09 Anhydrous Ammonia Annual Contract-ADDENDUM In addition to the modifications noted on the bid,Airgas Specialty Products, Inc. ("Contractor") requests the following modifications to the Contract Documents. These modifications form a part of Contractor's bid, INDEMNITY/HOLD HARMLESS AGREEMENT(Page 9) 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-in-clu ' osses}, and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property-including-the-lass--ef use-Fe&u -tnere- fmin, 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 in the oerformance of this agreement; provided that, the Contractor shall not be liable to the extent such claims are caused by the negligence or willful misconduct of the City, its employees or agents. 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, i disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including reasonable attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shalf be home 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. INSURANCE FORM SAMPLES (Pages 13-15) Contractor will provide a certificate of insurance on the ACORD 25 form required by its insurance carrier/broker. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR(Pages 16-21) 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall rovip__._.'de the indemnification provided in the fndemnitv/Nold Harmless Agreement that is i_ncarporated herein b�reference. defend, indemnify-and s�a„n ^r a-�,, 9yecs' ilities< damages;--fosse anrr Gosts ro ;ed-or sustained by army-person-or persons b) er in-censequenGe of any-n egligense {excluding-the s nce-of--the GIT)9 .,ckle e s s„te tr, i w rong ? -duet[3- CTOR and any persons-employed or utilized ry the_r'nur�,_n,,o,er OR in the performance thi rONTA o agrees-that negligen,,reakleoo te,Rf enat-vro nclr F 1 e irit rid o;-Qe-�o an, -mP oper materials�ra s or riabilifies damages losses or-rests caused-by.-ox-e e-+jsw-ef-�rnp ;als: CONTR g ees that ^egloent-reek! a . !)AIM G fu!misconduet--aIS�.�r?GkK rr&°but is not r^ ';rniled-te e vf9fatlerf Of an Fednr "oun"r(iF�y!aws, o aws, oFdinan as o r-reg,�ilagena by th , hie-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 j and description described in this Section 9 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 reasonable attorney's fees and costs at trial and appellate levels. 0 � Airgas Speciaifiy PrOGiiI " Redline 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 forthe indemnification provision. The CONTRACTOR_ SHALL_ NOT BE LIABLE FOR ANY INDIRECT, _.SPECIAL INCIDENTAL. CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OR ALLEGED TO ARISE OUT OF OR IN CONNECTION_WITH ITS PERFORMANCE HEREUNDER OR WITH ANY PRODUCT,_ OTHER ITEMS OF SALE. OR EQUIPMENT SOLD OR LEASED HEREUNDER, WHETHER SUCH DAMAGE RESULTS FROM ANY NEGLIGENT ACT OR OMISSION OR IS RELATED TO STRICT LIABILITY, OR OTHERWISE. 15. The CONTRACTOR warrants that, at the time of delivery, all products furnished hereunder shall conform to the specifications set forth in this agreement. THE CONTRACTOR SPECIFICALLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE. 16. CITY's exclusive remedy for the unexcused failure on the part of the CONTRACTOR to deliver product when required by the CITY, regardless of the cause of such failure, including negligence, shall be to recover from the CONTRACTOR the difference between the cost to the CITY of any reasonable purchase of product in substitution for product not delivered and the lesser price of such quantity of product hereunder. The CITY's exclusive remedy for each unexcused failure of product to meet specification shall be to receive a refund of the price. of such non- conforming product or replacement thereof with product that meets such specification. 17. (a) The total amount due from the CITY may include various itemized charges, including: charges for the handling of hazardous materials and for compliance_with laws and regulations concerning hazardous materials, charges for handling, delivery, and shipping, and/or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority and all of the charges are retained by the CONTRACTOR. The CONTRACTOR has not specifically quantifed the relationship between the charges and the actual costs associated with the charges, which can vary by product, service, time and place, among other things. U No such charges not_already provided for in this agreement will be imposed without mutual consent. TERMS AND CONDITIONS (Pages 24-26) O. PROTECTION OF PROPERTY: The successful bidder shall at all times guard against damage or loss to the property of the City of Delray Beach, and/or the participating entities of this bid, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage to the extent caused by the negligence or willful misconduct of the Contractor. The City may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his/her agents. � r N (iS U?_ N � U � U - > .1 o z � � > � _ o ® KZ o M �► 4,O «- CL 0 CL -� '' r TANK INSPECTION FORM Customer: City of Delray Beach Physical Address 201 SW 7th Street Delray Beach, FL 33444 Inspector Fred Sublett Date 10-Nov-14 Site Contact John Bullard office: 1-561-243-7318 fax cell: 1) STORAGE TANKS email Data Plate customer id# serial number# 85534 national board# 85534 ear mf 1992 type-s/s or carb. Carb tank size 1,000 Gallon MAWP 250 PSl head thickness 0.23 shell thickness 0.271 OD NIA attachment Welded manufacturer Trini condition Goog Paint loss/dull Gloss chalking NO rust showing FEW SMALL SPOTS delaminating NO stains NO bio-growth NO flaking NO Corrosion pitting NO at nozzles NO bolt connections NO saddle points NO NH3 caused NO flange joints NO Leaks flanged NO threaded NO severfty NO corrected NO return to correct NO Decals NH3 all sides YES warning NO NFPA readable NONE ON TANK all sides NEED correct nos. NIA Tank Pressure gauge readable YES filledfnonfilled YES tank 75 PSI process 38 PSI Level readable YES tank level 67% Excess-flow positioning CORRECT 3) RELIEF VALVES Valve 1 mfg date Aug-10 replace by Aug-15 size 314'1 rain cap YES pressure 250 PSI manifold type Squibb Ta for cycle setting OUT cycle NO leaks NO cfm 2045 Total relief valve capacity tank A 4) REGULATORS manufacturer REGO pressure 5-125 PSI size 314" quantity 2 placement NEXT TO TANK 9) WIND SOCK condition Flag near office [visibility can't be seen from tank 11) SAFETY SHOWER 1 EYE WASH working YES volume GOOD strainers YES location 10 FT WEST OF TANK 12) HOUSEKEEPING flammable NONE trash NONE oil storage NONE brush cleared YES containment water NONE COMMENTS: Need to add NFPA Lables Add Inhalation Hazard Lables No caps on eye wash Touch up small rust spots REPAIRS MADE: NONE REPAIRS TO BE MADE: Sarre as Comments INSPECTORS SIGNATURE REVIEWED WITH John Bullard Alfgas, Material Safe! Data Sheet# 4001 Last Revision 09121/12 Pa ge 1 of 2 SECTION 1: CHEMICAL PRODUCT&COMPANY IDENTIFICATION CHEMICAL NAME: Anhydrous Ammonia TRADE NAMES/SYNONYMS: Ammonia DISTRIBUTOR: EMERGENCY TELEPHONE NUMBERS: Airgas Specialty Products Transportation (CHEMTREC): 1-800-424-9300 2530 Sever Road, 300 Transportation, Canada(CANUTEC): 1-613-996-6666 Lawrenceville, GA 30043 USA Environmental/Health/Safety(24-hr): 1-800-5284963 Customer Service(Toll Free): 1-800-295-2225 SECTION 2: COMPOSITION i INFORMATION ON INGREDIENTS CHEMICAL FORMULA % BY WEIGHT CAS OSHA PEL NIOSH REL 1 ACGIH TLV 1DLH C_grade P-grade 25 ppm(California only) Ammonia NH3 99.5 99.995 7664-41-7 50 ppm(TWA) 25 ppm(TWA) 35 ppm(STEL) 300ppm Water H2O 0.4 33 ppm 7732-18-5 None None None Oil --- 0.1 2 ppm ----------- None None None SECTION 3: HAZARDS IDENTIFICATION EMERGENCY OVERVIEW: 1.Colorless gas or compressed liquid with a pungent,suffocating odor 2. Liquid ammonia reacts violently with water. Vapor cloud is produced. 3.Avoid contact with liquid and vapor. 4.Stay upwind and use water spray to absorb vapor. 5. Not flammable under conditions likely to be encountered outdoors. 6.Stop discharge if possible. POTENTIAL HEALTH EFFECT ROUTES OF ENTRY: Inhalation, Skin Contact, Eye Contact, Ingestion. TARGET ORGANS: Eyes,skin and respiratory system. EYE CONTACT: Exposure to liquid or high concentrations of vapor can cause painful, instant and possibly irreversible damage to tissue such as conjunctiva,cornea and lens. SKIN CONTACT: Prolonged contact with high concentrations can cause painful tissue damage, frostbite and serious chemical burns. INHALATION: Depending on exposure concentration and duration,effects can vary from none or only mild irritation, to obstruction of breathing from laryngeal and bronchial spasm,to edema and severe damage to mucous membranes of the respiratory tract with possible fatal results. Latent edema and residual reduction in pulmonary function may occur. INGESTION: Tissue damage, chemical burns, nausea and vomiting can occur. Ammonia is a as under normal atmospheric conditions and ingestion is unlikely. CARCINOGENICITY: NTP?No IARC?No OSHA?No SECTION 4: FIRST AID MEASURES EYE CONTACT: Flush with large amounts of water for at least 15 minutes then immediately seek medical aid. SKIN CONTACT: Immediately flush with large quantities of water for at least 15 minutes while removing clothing. if clothing has frozen to skin,thaw with water before removal. Seek immediate medical aid. INHALATION: Remove from exposure. If breathing has stopped or is difficult, administer artificial respiration or oxygen as needed. Seek immediate medical aid. INGESTION: Do not induce vomiting. Have victim drink large quantities of water if conscious. Immediately seek medical aid. Never give anything by mouth to an unconscious person. SECTION 5: FIRE FIGHTING MEASURES FLASH POINT(method used): Not Applicable FLAMMABLE LIMITS: 16-25%in air(for labeling purposes, not DOT flammable gas). EXTINGUISHING MEDIA: Stop flow of gas or liquid. Ammonia will burn in the range of 16-25% in air with a constant source of ignition. SPECIAL FIRE FIGHTING PROCEDURES: Move containers from fire zone if possible; if not, use water to cool fire-exposed containers. Use water spray to control vapors. Do not put water directly on liquid ammonia. Personnel must be equipped with appropriate protective clothing and respiratory protection. NFPA HAZARD CLASSIFICATION: Health: 3 Flammability: 1 Reactivity: 0 least-0-4-hi hest SECTION 6: ACCIDENTAL RELEASE MEASURES In US, federal regulations require that a release of 100 lb. or more of ammonia must be reported immediately to the National Response Center at (800) 424-8802, the SERC and the LEPC. In California, ALL releases must be reported to CUPA, state and local agencies. Additional state and local regulations may apply. SUGGESTED LOCAL ACTION: Stop leak if feasible. Avoid breathing ammonia. Evacuate personnel not equipped with protective clothing and equipment. Use copious amounts of water spray or fog to absorb ammonia vapor. DO NOT put water on liquid ammonia. Contain run-off to prevent ammonia from entering a stream, lake, sewer, or ditch. Any release of this material, during the course of loading, transporting, unloading or temporary storage, must be reported to U.S. DOT as required by 49 CFR 171.15 and 171.16. SECTION 7: HANDLING AND STORAGE Refer to the ANSI K61.1 standard for storage and handling information. Protect containers from physical damage and temperatures exceeding 120°F. Use only approved storage systems. Zinc,copper,silver,cadmium, and their alloys must not be used in ammonia systems since they can be rapidly corroded by it. Avoid hydrostatic pressure,which can cause equipment rupture, by adhering to proper filling procedures and the use of hydrostatic pressure relief valves where appropriate, SECTION 8: EXPOSURE CONTROLSIPERSONAL PROTECTION RESPIRATORY PROTECTION: Respiratory protection approved by NIOSH I MSHA for ammonia must be used when exposure limits are exceeded. Whether chemical canister respirator or self-contained breathing apparatus is sufficient for effective respiratory protection depends on the type and magnitude of exposure. C 0 MSDS 4001 Revision 09/21/12 Page 2 of 2 SKIN PROTECTION: Rubber gloves and rubber or other types of approved protective clothing should be used to prevent skin contact. A face shield should be used for increased protection from contact with liquid or vapor. EYE PROTECTION: Chemical splash goggles, approved for use with ammonia, must be worn to prevent eye contact with liquid or vapor. A face shield should be used for increased protection from contact with liquid. VENTILATION: Local positive pressure and/or exhaust ventilation should be used to reduce vapor concentrations in confined, spaces. Ammonia vapor, being lighter than air, can be expected to dissipate to the upper atmosphere. Ammonia concentrations may also be reduced by the use of an appropriate absorbent or reactant material. SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES BOILING POINT: -28.1°F SPECIFIC GRAVITY: 0.62 @ 60°F(water--I) SOLUBILITY IN WATER: High VAPOR DENSITY: 0.60 @ 32°F (Airr1) MELTING POINT: -107.9°F pH: Approx. 11.6 for 1 N Sol'n. in water PERCENT VOLATILE BY VOLUME: 100% APPEARANCE: Colorless,pungent gas VAPOR PRESSURE: 4802.9 mm Hg @ 60°F or 107.6 psia. SECTION 10: STABILITY AND REACTIVITY STABILITY: Material generally considered stable. Heating above ambient temperature causes rapid increase of vapor pressure. INCOMPATIBILITY(materials to avoid): Ammonia can react violently with strong acids. Under certain conditions, ammonia reacts with bromine,chlorine,fluorine or iodine to form compounds,which explode spontaneously. Reactions of ammonia with gold, silver or mercury to form explosive fulminate-like compounds has been reported. HAZARDOUS DECOMPOSITION PRODUCTS: Hydrogen on heating to over 850°F. The decomposition temperature may be lowered to 575°F by contact with certain metals such as iron or nickel. HAZARDOUS POLYMERIZATION: Will not occur CONDITIONS TO AVOID: Not applicable SECTION 11: TOXICOLOGICAL INFORMATION Ammonia is a strong alkali and readily damages all body tissues. Ammonia is not a cumulative metabolic poison. Carcinogenicity, Reproductive, Mutagenicity, Teratogenicy Effects: No information is available and no adverse effects are anticipated. Synergistic Materials: None known. SECTION 12: ECOLOGICAL INFORMATION AQUATIC TOXICITY: 2.0-2.5 ppm/1-4 daysi goldfish and yellow perch/LC; WATERFOWL_TOXICITY: 120 ppm 60-80 ppm/3 days/crayfish/LC,00; BIOCHEMICAL OXYGEN DEMAND: Not pertinent 8.2 m/96hr/fathead minnowlrLm FOOD CHAIN CONCENTRATION POTENTIAL: None SECTION 13: DISPOSAL CONSIDERATIONS Recover ammonia if feasible. Otherwise, let ammonia evaporate if appropriate. Only personnel experienced in ammonia spills should add water to liquid ammonia. Consult local, state or federal regulatory agencies for acceptable disposal procedures and disposal locations. For Hazardous Waste Regulations call 800 424-9346,the RCRA Hotline, SECTION 14:TRANSPORT INFORMATION DOMESTIC SHIPMENTS INTERNATIONAL SHIPMENTS CANADIAN TDG ACT Proper shipping name: Ammonia,Anhydrous Ammonia,Anhydrous Ammonia,Anhydrous Shipping Class: DOT 2.2(nonflammable gas) 2.3(poison gas) 2.3(8) Identification Number: UN1005 UN1005 UN1005 Packing,Group: None None None SECTION 15: REGULATORY INFORMATION NOTICE; This product is subject to the reporting requirements of SARA(1986, Section 313 of Title 111) and 40 CFR Part 370, Be sure to verify and comply with state and local regulations, CERCLA/SUPERFUND,40 CFR 117.302: Un ermitted releases of 100 lb.or more of ammonia in any 24-hour period must be reported immediately to the NRC at 1-800424-8802, the SERC, and the LEPC. Written follow-up is required to SERC &LEPC OSHA HAZARD COMMUNICATION RULE,20 CFR 1910.1200: Ammonia is considered a hazardous chemical. TOXIC SUBSTANCE CONTROL ACT: This material is listed in the TSCA Inventory. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT(SARA,TITLE 111): Section 302 Extremely Hazardous Substance:Yes; Section 311/312 Hazardous Categories: immediate(Acute)Health Hazards; Section 313 Toxic Chemical:Yes. WHMIS: One percent(1%) CALIFORNIA PROPOSITION 65: Reproductive: No Carcinogen: No OSHA PROCESS SAFETY MANAGEMENT,29 CFR 1910.119: This product is subject to the Process Safety Management requirements of 29 CFR 1910.119 if maintained on-site in quantities of 10,000 lb.or greater. EPA CHEMICAL ACCIDENTAL RELEASE PREVENTION,40 CFR PART 68: This product is subject to the Risk Management Plan requirements of 40 CFR Part 68 if maintained on-site in quantities of 10,000 lb.or greater. DRINKING WATER: Maximum use dosage in potable water is 5m o. SECTION 16: OTHER INFORMATION REASON FOR REVISION: 1.Addition of new Toll Free Customer Service Number in Section 1. 2. Revised LEL and UEL from 16- 25% to 15-28%. 3. Company name change from LaRoche [ndustries to Airgas Specialty Products. 4. Canadian transportation emergency information added. 5. California PEL limits added. 6. LEL and UEL Revised: 16-25%. 7. Company address changed. 8. Update Disposal information under Section 13. 9. Shipping Class changed for Canadian TDG ACT under Section 14. MSDS PREPARED BY.Air as Specialty Products This information is taken from sources or based upon data believed to be reliable, however,Airgas Specialty Products makes no le nt correctness or sufficiency of any of the foregoing or that additional or other measures may not be required under particular conditions. I Listing Category Search Page I NSF International Page 1 of 7 i The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Thursday, October 23, 2014 at 12:15 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: h=://info.nsf.org/Certified/PiNsChemicals/Listings.asp? ComnaM,Name=airgas+specialty+products& NSF/ANSI 60 Drinking Water Treatment Chemicals - Health Effects Airgas Specialty Products Inc. 2530 Sever Road Suite 300 Lawrenceirille, GA 30043 United States 800-295-2225 770-717-2210 Facility : Dixon, CA Ammonium Hydroxide Trade Designation ProductFunction Max Use Ammonium Hydroxide Chloramination lomg/L (a 0 V http:l/info.nsf org/Certified/PwsChemicals/Listings.asp?CompanyNarne=airgas+specialty... 10123/2014 Listing Categoyy Search Page i NSF Intemational. Page 2 of 7 Aqua Ammonia Chloramination lomg/L Facility : Riverside, CA Ammonium Hydroxide Trade Designation ProductFunetion Max Use Ammonium Hydroxide Chloramination xomg/L Aqua Ammonia Chloramination xomg/L Facility : Stockton, CA Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5mg/L Facility : Davenport, FL Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5 mg/L Ammonium Hydroxide Trade Designation ProduetFunction Max Use Ammonium Hydroxide Chloramination lomg/L Aqua Ammonia Chloramination lomg/L NOTE: Only products bearing the NSF Mark are NSF Certified. Facility : Columbus, GA (Dopr http:/linfo.ns£org/Certified/PwsChemicals/Listings.asp?Compan3,Name=airgas+specialt�,... 10/23/2014 Listing Category Search Page NSF international Page 3 of 7 Ainmonia,Anhrydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5mg/L Facility : Granite City, IL Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5mg/L Ammonium Hydroxide Trade Designation Pro duct Function Max Use Ammonium Hydroxide Chloramination iomg/L Aqua Ammonia Chloramination xomg/L Facility : Riverdale, IL Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5mg/L Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide Chloramination xomg/L Aqua Ammonia Chloramination zomg/L Facility : JeffersonAlle, IN Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5mg/l 00 P V http://info.ns£org/Ceitified/P,A,sChemicalslListings.asp?CornpanyName-airgas+specialty... 10/23/2014 Listing Category Search Page I NTSF International Page 4 of 7 Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide Chloramination xomg/L Aqua Ammonia Chloramination xomg/L Facility : Kansas City, KS Ammonia,Anhydrous Trade Designation ProductFunction Max Use Ammonia,Anhydrous Chloramination 5 mg/L Facility : South St. Paul, MN Ammonia,Anhydrous Trade Designation ProductFunction Max Use Ammonia,Anhydrous Chloramination 5mg/L Facility : Moss Point, MS Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5mg/L Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide Chloramination iomg/L Aqua Ammonia Chloramination lomg/L Facility : Lyons, NY C 00 P 7 http://info.ns£org/Certified/PwsChemicals/Listings.asp?CompanyNTame=airgas+specialt3,... 10/23/2014 Listing Category Search Page NSF International Page 5 of 7 i Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5mg/L Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide Chloramination lomg/L Aqua Ammonia Chloramination lomg/L Facility : Concord, NC Ammonia,Anhydrous Trade Designation ProductFunetion Max Use Ammonia,Anhydrous Chloramination 5 mg/L i Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide Chloramination lomg/L Aqua Ammonia Chloramination to mg/L Facility : Donora, PA Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5 mg/L Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide Chloramination to mg/L Aqua Ammonia Chloramination to mg/L http://info.nsf.org/Certil'ied/PwsChemicals/List4igs.asp?CompanyName=airgas+specialty... 10/23/2014 Listing Categoiy Search Page 1 NSF International Page 6 of 7 Facility : Palmerton, PA Ammonia,Anhydrous Trade Designation Product Function Max Use Ammonia,Anhydrous Chloramination 5 mg/L Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide Chloramination io mg/L Aqua Ammonia Chloramination to mg/L Facility : Waxahachie, TX Ammonia,Anhydrous Trade Designation ProductFunetion Max Use Ammonia, Anhydrous Chloramination 5 mg/L Ammonium Hydroxide Trade Designation ProduetFunction Max Use Ammonium Hydroxide Chloramination to mg/L Aqua Ammonia Chloramination ro mg/L Facility : Suffolk, VA Ammonia,Anhydrous Trade Designation ProductFunetion Max Use Ammonia,Anhydrous Chloramination 5mg/L Ammonium Hydroxide Trade Designation Product Function Max Use Ammonium Hydroxide Chloramination iomg/L Aqua Ammonia Chloramination lomg/L C � � � http://info.nsf.org/Ceitified/PwsChemicals/Listings.asp?CompanyNamc=airgas+specialty... 10/23/2014 Listing Categoty Search Page I NSF International Page 7 of 7 Number of matching Manufacturers is 1 Number of matching Products is 41 Processing time was x seconds i C (a p � http://info.nsf.org/Certified/PwsChemicals/Listings.asp?CompanyName=airgas+specialt),... 1 0/23/2014 Airgas Human Resources Policy and Procedures Policy Manual Section Name: Employee Relations Airgas-Wide Policy Policy/Procedure Title: safety- ohol_and Page Number 1 of 15 -DtugA�use_Testugi ...� -._ Approved by: Human Resources Revised: Effective 01/26/09 I Purpose of Policy: This statement of Corporate Policy affirms the Company's commitment to provide a safe and healthy workplace for all employees, to comply with federal and state health and safety regulations and the Federal Drug-Free Work Place Act and to prevent accidents. Policy Statement: It is the policy of Airgas to strictly prohibit the use, possession,manufacture, distribution, dispensing, and/or sale of illegal drugs while on Airgas property or working for Airgas. It is also Airgas' policy to strictly prohibit employees and others working on Company premises from reporting to work or working under the influence of unauthorized or illegal drugs and/or alcoholic beverages. Part 1, General Policy on Alcohol and Drug Abuse General Statement Drug-Free Work Environment-Airgas insists upon a safe, drug-free work environment for the benefit-and safety of all employees. The use,possession, manufacture, sale, transfer, or purchase of intoxicating beverages, illegal drugs, or other intoxicants by employees at any time on Company premises or while on Company business is prohibited. The illegal use of any drug, narcotic, or controlled substance or their metabolites is prohibited. Employees must not report for duty, be on Company property, in Company vehicles, or on Company business with an),illegal drugs or their metabolites or alcohol in their bodies. Violation of this rule may result in termination of employment, even for a first offense. Employees must notify Airgas of any criminal drug or alcohol-related conviction occurring in the workplace within five (5)days of the conviction. Airgas will notify the federal government of such violations with respect to employees who perform work for a government contract or grant. Airgas will further notify customer, contractors or vendors of such violations where required by contract or the requirements of such customers, contractors or vendors. (C_71�1oply Alcohol and Drug Abuse Revised 1 Alcohol-No alcoholic beverages may be brought onto or consumed on Company premises, except when moderate consumption of alcohol at designated Company gatherings or under circumstances expressly authorized and monitored by the Company's senior management is permitted. Otherwise,the use or possession of alcoholic beverages on Company premises or property, in Company vehicles, or while on Company business is prohibited. Drug Paraphernalia -No employee shall bring drug paraphernalia onto Company premises or property or into Company vehicles. Drug paraphernalia includes pipes, bongs,rolling papers, clips and other items used in the ingestion or consumption of illegal drugs. Violation of this rule will result in disciplinary action up to and including termination. Prescription or Over-the-Counter Medications -No prescription drugs shall be brought onto the Company premises by any person other than the person for whom the drug is prescribed by a licensed medical practitioner, and they shall be used only in the manner, combination, and quantity prescribed. If an employee has any question or concern as to his/her ability to safely or efficiently perform his or her job while taking prescription drugs or other medications (over-the-counter), the employee has an affirmative obligation to report,the use of that drug or medication to the Human Resources Manager at his or her regional headquarters,who will, in turn, confidentially, contact a Company-designated physician for a determination of the ability of the employee to work while using that drug. In this case, an employee may continue to work, even while taking a prescription drug or other medication, if the Company has determined, after consulting with a physician, that the employee does not pose a threat to his or her own safety or the safety of co-workers and that the employee's job performance will not be significantly affected by the prescription. Otherwise,the employee may be required to take a leave of absence or comply with other appropriate actions as determined by management, Failure to report a prescription drug that does have an effect on the employee's ability to perform his or her job so that a determination of fitness to work can be made can result in disciplinary action, up to and including termination. Conipany Property-Any illegal substances found on Company property (including Company parking lots, and vehicles) will be turned over to a law enforcement agency. The Company will cooperate with law enforcement authorities who investigate the case. Self-Identification - Any employee who feels that he or she has developed an addiction to, dependence upon or problem with alcohol or drugs, legal or illegal, is encouraged to seek assistance. No disciplinary action will be issued against any employee who comes forward to the Company with his/her problem prior to the Company requesting the employee to submit to a drug or alcohol test or prior to the Company learning of a violation of the drug and alcohol policy. However, if the Company learns of a violation of this policy,through drug or alcohol testing or otherwise, Alcohol and Drug Abuse ReAsedl C 0 [P W before the employee comes forward, an employee's decision to obtain treatment then will not preclude disciplinary action, including termination. Each request for assistance will be treated confidentially and only those persons with a need to know will be made aware of the request. An employee may be eligible for a disability leave based upon Airgas Human Resources policies. Part 2, —Definition of Non DOTS Safety-Sensitive Positions Safety-sensitive positions are those in which the employee, as part of his/her job duties: • handles, ships, or stores a hazardous material (such as industrial gases) for transportation; • works around or operates machinery/equipment; • repairs company vehicles or equipment; of • is involved in Emergency Response activities, such as hazardous materials technicians and specialists and on-scene incident commanders. The following positions are considered safety sensitive due to the nature of their duties: • plant workers who are pumpers, sorters, truck loaders,plant managers, lab technicians,hydrotest operators, cylinder shot blasting operators, cylinder painters and any other employee who as part of his or her job duties fills,tests, paints, labels, analyzes cylinder contents or prepares a cylinder for shipment; • cryogenic repair/installation —any employee who as part of his or her job duties repairs or installs cryogenic bulk tanks or performs compressed gas installations; • welding/equipment repair —any employee who as pant of his or her job duties repairs welders, gas apparatus and other types of equipment; • dry ice plant workers including any employee who as part of his or her job duties cuts or wraps dry ice, operates a pellet machine or works in a carbon dioxide plant; • equipment operators including but not limited to forklift operators; • warehouse and shipping clerks—any employee who as part of his or job duties prepares hazardous material for shipment; • those involved in Emergency Response activities, such as hazardous materials technicians and specialists and on-scene incident commanders; and • counter sales and outside sales and branch managers who are required to handle industrial gas cylinders as part of their job duties. • Outside sales personnel who regularly perform at least one safety-sensitive duty outlined above. • AERO Team Members Alcohol and Drug Abuse Revisedl CQ [PV i Prohibited Behaviors The following conduct is prohibited when performing any of the above safety-sensitive functions: • Alcohol concentration. Having an alcohol concentration where the level of alcohol in the body is at or above the legal limit as defined by the state laws of the state in which the employee was working at the time of the test. • Alcohol possession. Possessing alcohol unless alcohol is manifested and transported as part of a company shipment • On-duos use. Using alcohol on the job • Pre-duty use: Using alcohol within four(4) hours prior to performing a safety- sensitive function • Use following an accident. Using alcohol within eight(8) hours (or until he/she undergoes a post-accident alcohol test, whichever occurs fist) following an accident where a post-accident alcohol test is required • Refusal to submit to a required alcohol or drug test. Refusing to take a post- accident, random, reasonable suspicion or follow-up alcohol or controlled substance test • Controlled substance use. Reporting for duty or remaining on duty when the employee has any controlled substance in their bodily system, except when the use is pursuant to the instructions of a physician who has advised the Company that the substance does not adversely affect the employee's ability to perform safety- sensitive responsibilities • Controlled substances testing. Testing positive for controlled substances. Part 3. Testing Programs (a) Types of Testing- All Airgas safety-sensitive employees are subject to pre- employment, acquisition-related, random,reasonable suspicion, and post-accident testing. Additionally, employees who return from a voluntary rehabilitation leave following self identification will be subject to return to duty and follow-up testing. Pre Employment Drug Testing- The Company will not hire applicants unless they have completed the pre-employment drug screening process within two (2) business days of receiving a written employment offer and commenced employment within thirty (30) days of a satisfactory test. The Company will also not hire applicants who disclose or are otherwise found to use controlled substances, except when such use is for bona fide medical reasons and under the direction of a licensed physician or dentist. All offers of employment are conditioned upon an applicant passing a Non-DOT pre-employment drug screen. Drug Testing for Acquisitions - People who will become new employees of Airgas as a result of an asset acquisition will be drug tested in accordance with our procedures for all new employees receiving a conditional offer of employment. Such testing will begin promptly following the acquisition and should be completed no later Alcohol and Drug Abuse Revisedl C �� j� than ten (10) business days after the closing of the acquisition. If Corporate Human Resources and Legal have first determined that drug testing will take place following completion of a stock acquisition, then those people who become new employees of Airgas as a result of a stock acquisition will also be drug tested shortly after the completion of the acquisition and typically no later than ten(10) business days after the closing of the acquisition unless state laws prohibit this type of testing. Any employee found to have a positive test for controlled substances will be terminated. Reasonable Suspicion Drug and Alcohol Testing-When the Company has a reasonable suspicion that an employee is, or may be, impaired or affected on the job by alcohol or illegal drugs and when the Company has a reasonable suspicion that alcohol or illegal drugs are, or may be,present in an employee's bodily system in violation of the rules set forth in this policy, an employee will be required to submit to an alcohol and drug screen test immediately upon demand by the Company. A reasonable suspicion may arise from a physical altercation between employees, from obvious impairment of physical or mental abilities such as slurred speech or difficulty in maintaining balance; from unexplained significant deterioration in job performance or behavior, such as excessive absenteeism; from reports by co-employees of on-the-job alcohol or drug use or impairment; from employee admissions regarding drug or alcohol use; or fiom any other evidence reasonably giving rise to suspicion of on- the-job impairment from use of alcohol or illegal drugs. Appropriate urine and/or breath samples will be obtained for analysis for purposes of determining the presence of illegal drugs or alcohol in the bodily system of the employee. The employee is not allowed to drive and if off-site testing is required,the employee must be driven to and from the collection site. Arrangements must be made for the employee to return home. Any employee found to have a positive test for illegal drugs or alcohol will be terminated, unless prohibited by state law. Any employee who refuses to provide a urine or breath sample under such circumstances will also be subject to termination. An employee who has been selected for a reasonable suspicion drug and/or alcohol test may not be returned to a safety sensitive position until a negative test result has been received. Post Accident Testing- Employees involved in an accident or injured while on company property or business or while operating a company vehicle or equipment, will be required to submit to a drug and alcohol test unless the Employee can be completely discounted as a contributing factor to the accident. Drug Testing must be completed within thirty-two (32) hours of the accident and only after emergency first aide or medical treatment is provided. If off-site testing is required, the employee must be driven to and from the testing facility. The alcohol testing must be performed within the first two (2) hours following the accident. All attempts are to be made to have the alcohol testing done within two (2)hours after the accident. However, if the test is not performed within at least the first eight(8) hours following the accident, the employer shall cease the attempt and a written explanation as to why the test was not able to be performed will be prepared and placed in the employee's file. Alcohol and Drug Abuse Revised/ C 7 ii No employee shall use alcohol for eight(8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first. The employee will not be allowed to return to work in a safety-sensitive position until the test results are received, An"accident" or"injury"for this purpose means an incident involving either: (1) bodily injury to any person requiring medical treatment away from the scene, or(2) property damage, caused by our employee, to either Airgas' property or a third party's property (a customer's building, vehicle, etc.). This definition does require a judgment call to be made. Practically speaking,the damage should be more than a scratch or dent. In addition, if your state's worker's compensation laws require drug testing for more broadly defined situations, then those laws are to be followed. If the employee is injured, unconscious, or otherwise unable to consent to a drug test, all reasonable steps will be taken to obtain a urine sample. The employee may be required to provide authorization for obtaining hospital reports and other documents that would indicate whether there were any controlled substances in his/her system. A confirmed positive test result will result in immediate termination. Random Drug Testing---Airgas shall conduct random drug and alcohol testing at levels set by the Company each year based upon federal and state requirements. Currently, Airgas tests at a 25%rate on an annualized basis for drug testing and at a 20% rate on an annualized basis for alcohol testing. Since this is a random selection process, a safety-sensitive employee may be tested more than once during the year. Random selection is done monthly, and employees must be tested immediately after being notified of the selection. Some employees chosen for drug testing may also be selected for alcohol testing at the same time. When a supervisor informs the employee that they have been selected for a random test,the employee must report immediately for testing and may not engage in any further work until the test has been taken. Employees may continue to work while awaiting the results of the test. A confirmed positive test will result in immediate termination. Return to Work and Follow-Up Testing- If an employee voluntarily discloses a drug or alcohol related problem to management prior to being notified of a request to submit to drug/alcohol testing, Airgas will encourage and support voluntary,rehabilitation efforts consistent with Company policies and benefits covering time off fi•om work, leaves of absence and the like. The cost to rehabilitate will be at the sole expense of the employee unless provided for under the employee's medical plan. Before a safety- sensitive employee returns to duty,the employee will be required to undergo a return-to- duty alcohol and drug test, with a result indicating an alcohol concentration of less than 0.02 and a negative finding on the drug test. Employees returning to duty following drug or alcohol rehabilitation will be required to undergo unannounced follow-up alcohol and drug testing. The number and frequency of such follow-up testing shall be directed by a substance abuse professional, and shall consist of at least six (6)tests in the first twelve (12) months following the employee's return to duty, Follow-up testing shall not continue beyond sixty (60)months from the date of the employee's return to duty. Alcohol and Drug Abuse Revised Coply (b) Testing Methods and MRO_ Airgas uses the services of a qualified vendor to administer its drug and alcohol testing programs and may utilize alternative testing methods that will be administered by trained personnel. Airgas has selected a laboratory to perform the drug testing that is certified by the Department of Health and Human Services (DHHS), the Substance Abuse Mental Health Services Administration (SAMHSA) and any applicable state agencies. Airgas has also appointed a Medical Review Officer(MRO)to review all drug test results. The MRO is a licensed physician with knowledge of drug abuse disorders. No laboratory result reported as "positive"will be regarded as a positive result nor will related personnel actions ensue unless the laboratory report reflects the application of a confirmatory assay method(e.g., gas chromatography/mass spectrometry), and the MRO ascertains that the laboratory positive result was not due to prescribed drug use or any other valid reason. Valid positive results, as determined by the results of the drug test and MRO review will result in immediate termination. The MRO will contact the employee to advise of the positive results and the employee will therefore already be aware of the results when contacted by the business unit representative for termination. Drug Testing Methods- Drug testing will be done with urine samples and positive results will be subjected to a confirmatory assay method (e.g., gas chromatography/mass spectrometry). Should an employee not agree with the results provided by the Medical Review Officer, he/she has the right to request,within seventy- two (72)hours of being notified of the result, that the"split specimen" be sent to a second DHHS/SAMHSA lab for analysis. For post-accident testing, Airgas may also rely on the results of an urine test for the use of controlled substances conducted by authorized federal, state or local officials provided such officials have complied with the applicable federal, state or local controlled substances testing requirements. Chain of custody procedures will be utilized to ensure that drug testing results are attributed to the correct employee. Alcohol Testing Methods- Alcohol testing will be done using an evidential breath testing (EBT) device (also known as a breathalyzer). Confirmatory breath testing will be done on all breath test results showing a breath alcohol concentration(BAC) of 0.02 or greater. This involves re-testing the employee within thirty(30) minutes of the initial screening test. For post-accident testing, Airgas may also rely on the results of a breath or blood test for the use of alcohol conducted by authorized federal, state and local officials provided such officials have complied with the applicable federal, state and local alcohol testing requirements. Chain of custody procedures will be utilized to ensure that alcohol testing results are attributed to the correct employee. Alcohol and Drug Abuse Revisedl C 0 n Refusal to Sub.-nit to a Drug or Alcohol Test-Any refusal to be tested will result in immediate termination. A refusal to submit to an alcohol test includes a refusal by an Employee to complete and sign the breath alcohol testing form, to provide breath, to provide an adequate amount of breath(unless it is determined by a licensed physician that a medical reason exists that prevents the person from being able to complete the test), or otherwise to cooperate with the testing process in a way that prevents the completion of the test. Any of these will be noted by the breath analysis technician(BAT) in the remarks section of the form. The inability to provide a specimen following ingestion of 40 ounces of fluid and a three (3) hour wait may constitute a refusal to provide a urine specimen for drug testing. In this case,the employee will be referred for a medical evaluation prior to a decision being made as to whether the employee is refusing to be tested. Additionally, any action on the part of an employee that interferes with the collection process will be considered a refusal to be tested. Falsification -Any Employee who provides false information in connection with a urine or breath sample provided under this policy, or who attempts to falsify test results through tampering, contamination, adulteration or substitution shall be subject to termination of employment. Confidentiality -Testing information will be distributed only on a"need-to-know" basis to persons directly responsible for the initial or continued employment decisions. The-testing program of the Company will avoid, to the fullest extent possible, acts which may contribute to injuring the reputation of the tested individuals. The results of tests are to be used only for the purposes indicated above and are not to be disseminated further without the approval of the Senior Vice President of Human Resources. Non Discrindnation -Persons responsible for implementation of a controlled substance and alcohol testing program shall ensure that the criteria for screening or actions taken as a result of screening are applied consistently and are not influenced by such personal attributes as dress or perceived style of living. Cost of Tests -Airgas will pay'for the costs of all drug and alcohol tests. (c) Results of Positive Tests - Airgas' Medical Review Officer(MRO)must discuss the results of a positive test with the Employee. If the employee refuses to speak with the MRO or the MRO is unable to discuss the results with the employee, the MRO will notify Corporate. The employee must then be informed that they have forty-eight (48) hours to contact the MRO or they will be terminated. The MRO must also keep all information obtained from the Employee confidential except when the MRO believes that continued performance by the Employee of his/her safety-sensitive function could pose a significant safety risk. Negative Dilute Urinalysis—is the same as a negative result but requires retesting. Because the urine specimen is diluted, whether intentional or not,the negative dilute result requires immediate retesting before it can be deemed a confirmed negative. For a retest, the employee/applicant must be escorted to the collection facility by Airgas Alcohol and Drug Abuse Revised/ �D � tf �Li( management to ensure no intentional ingestion of liquids occurs prior to the administration of the test. For the retest,the employee/applicant is to be escorted but not monitored during collection. If the results of the second test are also negative dilute,this is considered a negative result and no further testing is to occur. If the results of the second test are positive, applicants will have the offer withdrawn and if an employee, he/she will be terminated. Definition of No Show -A"No Show"is defined as an employee whose name is chosen at random and is not available for testing for the entire selection period. Eligible causes for a"no show" are pre-approved vacation, leave of absence (e.g., medical, military, sickness when accompanied by a proper Doctor's excuse or personal tragedy, etc.). If an Employee is unable to be tested, the business unit must note the reason and, upon request, inform the Corporate office (or its agent) of the reason for the"no show." An employee who does not have an excusable"no show"will be terminated. The Legal Department should be consulted before an associate is terminated for an inexcusable"no show." Part 4. Safety Sensitive Drug and Alcohol Testiftg Chart The following chart details how these types of tests are administered and their fiequency: '111 11,11g 11 -- , ,... - -p e g All post-offer applicants are subject Post-offer applicants are not subject to pre- empioy�ent to pre-employment drug testing. The employment alcohol testing. test must be done within two (2) business days of the employee's £ ="_ receipt of a written employment offer and the employee must commence employment within thirty (30) days j of a satisfactory test,. The MRO will .Pr ' contact the applicant to advise of the positive results and the employee Till 4 p s =ti therefore already be aware of the results when contacted by the r �_4 business unit representative anti om A qualified vendor administers this A qualified vendor also administers this I`esi�n' � program and chooses a rate to ensure program and chooses a rate to ensure that p g p' g that Airgas tests at the rate Airgas tests at a rate determined by the Y F z determined by the Company for each Company for each year based upon federal year based upon federal and state and state requirements. Currently,Airgas tests requirements. Currently, Airgas tests at 20%rate on an annualized basis. Since El at a 25% annualized rate. Since this this is a random selection process, an is a random selection process, an employee may be tested more than once Alcohol and Drug Abuse Revisedi C �'�`% {Y employee may be tested more than during the year. Random selection is done once during the year. Random monthly, and selected employees must be MIselection is done monthly, and tested immediately after being notified of the 3 „ selected employees must be tested selection. Some employees chosen for drug r a rmrnediately after being notified of testing may also be selected for alcohol .= the selection. Vi�hen a supervisor testing at the same time. See the chart below w � ! 4 informs the employee that they have for results of an alcohol test and their been selected for a random test,the accompanying personnel actions. r driver must report immediate) Y p Y for testing and may not engage in any fW further work until the test has been taken The tested employee may continue to work while awaiting the T results of the test. A confirmed s � positive test will result in immediate s _ termination. The MRO will contact _ . ;K the employee to advise of the positive �Sz f results and the employee will therefore already be aware of the 5 _ results when contacted b the Y business unit representative ea_o Viable= Employees suspected of violating this See the Drug testing information to the le$. Suspcion policy by being under the influence All attempts are to be made to have the Y of drugs or alcohol will be asked to alcohol testing done within two (2)hours after -5 take a drug and alcohol test. The the observed behavior. However, if the test is determination of reasonable suspicion not performed within at least the first eight(S) must be based on specific hours following the observed behavior, contemporaneous, articulable Airgas shall cease the attempt and a written observations of the employee's explanation as to why the test was not able to ate ' appearance, behavior, speech, or be performed will be prepared and placed in body odors. The suspected employee the employee's disciplinary file. Seethe t a will be immediately be tested and if chart below for results of an alcohol test and ,4- testing is off-site, must be their accompanying personnel actions. = ........... aa -z accompaniedidriven to and from the testing site by a supervisor or other company-appointed individual. The sue. r— v Y _ r M-AM" employee must not be allowed to F s t -F drive home. For urine testing,the x � . employee shall provide a urine {' sample to be tested for the use of controlled substances as soon as possible but not later than 32 hours € � 5 I after the observation. The employee MINOR ON sr not be allowed to return to work until }:_ << : �, •.. =; the results of the tests are received. The MRO will contact the employee Alcohol and Drug Abuse Revised C 0-M to advise of the positive results and the employee will therefore already 5 � be aware of the results when contacted by the business unit . � representative. Confirmed positive test results will result in immediate termination. x � An employee who has been selected = L for a reasonable suspicion drug mfg and/or alcohol test may not be returned to a safety sensitive position 3� until a negative test result has been �-A received. Pot Employees involved in an accident The same criteria apply to the definition of an accnrT while on company property or accident that requires alcohol or drug testing. Ia � business or while operating a a J � The alcohol testing must be performed within x3' ; r company vehicle or equipment, will the first two (2) hours following the accident. be required to submit to a drug screen All attempts are to be made to have the test unless the Employee can be alcohol testing done within two (2) hours after completely discounted as a the accident. However, if the test is not , contributing factor to the accident. erformed within at least the first eight 8 Y� g p g ( ) hours following the accident,the employer Testing must be completed within shall cease the attempt and a written= two (2)hours of the accident and explanation as to why the test was not able to only after emergency first aide or be performed will be prepared and placed in � v medical treatment is provided. If off the employee's qualification or drug testing site testing is required,the employee file. No employee shall use alcohol for eight must be drive to and from the testing (8) hours following the accident or until facility. The employee will not be he/she undergoes a post-accident alcohol test allowed to return to work in a safety- whichever occurs first. ` sensitive position until the test results are received. See the chart below for the results of an If the employee is injured, alcohol test and their accompanying personnel unconscious or otherwise unable to action. consent to a drug test, all reasonable steps will be taken to obtain a urine F = MKO. sample. The employee may be required to provide authorization for -w � obtaining hospital reports and other documents that would indicate ^, whether there were any controlled 3 substances in his/her system. A c confirmed positive test result will Alcohol and Drug Abuse Aevisedl £ MME result in immediate termination. The �a MRO will contact the employee to advise of the positive results and the ' u employee will therefore already be ��--�{ ter.•�s_� aware of the results when contacted by the business unit representative Re uJrn`%—'- If an employee voluntarily discloses a See the drug testing information to the left. Wo DufyYn drug or alcohol related problem to F01YV ilp management prior to being notified estmg ;w� of a request to submit to drug/alcohol testing, Airgas will encourage and support voluntary rehabilitation efforts consistent with company policies and benefits covering time F off from work, leaves of absence and the like. The cost to rehabilitate will be at the sole expense of the employee unless provided for under i the Employee's medical plan. Before the employee returns to work T4 he/she will be required to undergo a z _ q g -= ' return-to-duty alcohol and drug test, with a result indicating an alcohol concentration of less than 0.02 and a ' negative finding on the ding test. ON, Employees returning to duty following drug or alcohol 1 rehabilitation will be required to - undergo unannounced follow-u p 5 Rv alcohol and drug testing. The number and frequency of such follow-up testing shall be directed by a substance abuse professional, and Y � shall consist of at least six (6) tests in the first twelve (12) months following the employee's return to x {- duty This chart shows the different alcohol testing levels and related personnel actions. MKM2 S O�ato 011 No further testing is required and no personnel action will result. Alcohol and Drug Abuse Revised (CIO) F__11 �r. -S UT.��������� � s A L�'r����F����`r��'�i ��+��1'. �J�c'�� �� al '.2c � • �`�-., -�"�' ���" ��-?, !. S Y � Y-= C�2 -�. b2 toju�s'�belo { This result is considered positive. The employee must remain at the testing #}ire#eating statsf ° facility and within thirty (30) minutes of the first test provide another breath 1egaI__RIM R, sample. The results of the second test will be used for official test results: If (tIically 0'79 the Employee records a .02 to .079 the Employee will be removed fiom the job Yj and company properly for twenty-four(24)hours. This time is to be recorded E_ 0 as vacation time. If an Employee's vacation time has been exhausted, the time W. t will be without pay. Sick time may not betaken. Airgas will provide = � 3 transportation home from the testing site. Once the twenty-four(24)hour Y - M period has passed,the Employee may return to work without any follow-up testing. The Employ ee maybe subject to further disciplinary action and counseling regarding the Airgas drug and alcohol policy. Ar etesfingsae's This result is considered positive. The Employee must remain at the facility lrvgaI.mi ar and within thirty(30)minutes of the first test provide another breath sample. gre a 1(typ e 3 The results of the second test will be used for the official test result. If the ry08U] rrgreafer Employee records a level at or above the testing state's legal limit(typically .080), he/she will be terminated. Airgas will provide transportation home from fi s z the clinic. The Employee will be referred to a substance abuse professional. General Provisions Rehiring Former Employees - Airgas reset ves the right to not consider for rehire any employee who is terminated for violating this policy. Such decisions will be made in a nondiscriminatory fashion and in accordance with the requirements of state and federal disability laws. Corporate Legal should be consulted before any such decisions are made. Notification of Safely-Sensitive Positions—'WTherc, based upon an analysis of this policy, a company decides that an existing employee's position should be considered safety- sensitive, that employee should receive notification of this change at least thirty (30) days before being required to submit to any random drug-testing. Transfers An employee that transfers from one business unit to another or from one office location to another but who stays within the same regional Company will not be subject to drug and/or alcohol testing as a result of the transfer. However, employees who receive an offer of new employment from another regional Company will be required to satisfy the pre-employment drug screening required of all new employees. Any employee applying for or being offered a position within another regional Company shall be informed, prior to receiving the offer, that they will be required to satisfy all conditions of a new offer including pre-employment drug screening. Collective Bargaining-Various provisions of this policy may be covered in a collective bargaining agreement between an Airgas subsidiary and a union representing some of its employees (a "Collective Bargaining Agreement"). Should a conflict exist between the Alcohol and Drug Abuse Revised] f terms of this policy and the express language of a Collective Bargaining Agreement, the Collective Bargaining Agreement shall control as to the employees covered by that Agreement. Policy Dissemination —a copy of this policy will be provided to all new safety-sensitive employees and -DOT drivers. Designated Contact Person—The person within Airgas to contact for questions about this policy is the Corporate Human Resources Director or his/her designee at the Corporate Office. Recordkeeping-All employee drug and alcohol testing records must be maintained for a minimum period of five (5)years and kept in a separate confidentiallsupplemental employee file. I Educational Materials--Information concerning the effects of alcohol and controlled substances on an individual's health, work and personal life and related materials are available to all employees. These materials may be requested from your manager or from the Corporate Human Resources department. Additionally, the attached Questions and Answers also provide additional examples and answers to Frequently-Asked Questions and should be reviewed by all managers. State Lafv Modifications and Limitations of this Policy—Some states where Airgas does business have certain restrictions on drug and alcohol testing. Should a conflict exist between the terms of this policy and state law requirements, the state law requirements will control as to the employees in that state. Forms: See Airgas Drug and Alcohol Abuse Testing Policy Questions and Answers Alcohol and Drug Abuse Revised C C� %.3W OF DELRAY BEACH 100 NW I`t AVENUE,DELRAY BEACH,FL33444 BID NO. 201549 INMROUSMONIIA MAL CONTUef MAYOR -CARYD.GLICKSTEIN VICE MAYOR -SULLY PETROLIA DEPUTY VICE MAYOR -JORDANA JARJURA COMMISSIONER -AL IACQUFT COMMISSIONER -ADAM FRANKEL INTERIM CITY MANAGER -TERRANCE STEWART Purchasing Division 4 Finance Department 1(561) 243-7161/7163 4 Fax(561)243-7166 COPY Q 0 w cu N 'C3 N � N � 0 0 o z > a 0 o a .® ., Lu W v -j v � zzz ® 9 , _ � a �' (D CL C ® � ® o L � LL 0 �' z � x M V C Z a o ® .g ` d`' y �N 0 C td 4 0 '0 � E � "ITY OF DELRAY BEACH PURCHASING OFFICE _,.%.:N...«, TEL: (661)243-715717163 N.W. 1st AVENUE FAX: (661)243-7166 DELRAY BEACH, FL 33444 � ' www.myclairayboach.com INVITATION TO BID BID No. 20115-09 ANHYDROUS AMMONIA ANNUAL CONTRACT October 20,,2014 This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY The purpose and intent of this "invitation to Bid"is to seek competitive bids to provide and the delivery of the chemical Anhydrous Ammonia (NH3) (Metallurgical or Premium Grade (99.995%pure) to be use by the City's Water Treatment System. DUE DATE: WEDNESDAY,_NOVEMBER212, 2014 Cal, 2:00 P.M. at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall 100 N.VII, 19{Avenue-Room 206 Delra Beach Florida 33444. Bidders and the general public are invited and encouraged to attend. Outside of envelope shall plainly identify bid by. BID NUMBED, TITLE, AND DATE OF BiD OPENING. It is the sole responsibility of the bidder to utilize the form provided in the bid package and to ensure that hislher bid reaches the Purchasing Office onlor before the closing date and hour as shown above. No exceptions RETURN ONE UNBOUND (1) ORIGINAL AND TWO (2) COPIES WITH ONE (1) electronic copy (CD or THUMB DRIVE) OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 900 N.W. 18T Avenue, Delray Beach, Florida 33444. Bids time-stamped at 2:01 P.M. or later, will not be considered for award and will be returned to the Bidder. Bid#2015-09 Anhydrous Ammonia DOCUMENTS AND ANY ADDENDA are available on-line at the Demandstar website, ww.demandstarcan. Demandstar offers a free single agency subscription which includes free document downloads by registering at wv N,w.clemaftdstdr.com/rMister.rsu. if you need assistance with registration, or you are a first-time registrant and need immediate download of document, please call(800) 711-1712. 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: THURSDAY October 30 2014 is the last day for questions regarding this solicitation and must be directed to Purchasing, at 661 243-7161 or 7163 by fax to(561) 243 7166 or by email to nadal@mydelraybeach.cam or dowdell@nlyqg[Rybeach.com CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of Ni net 9t7 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 pegs intentionally left blank) Bid#2015-09 Anhydrous Ammonia 21 Pa - i CITY OF DEL RAY BEACH INVITATION TO BID Bid No. 2015-09 AMMONIA ANHYDROUS NNE L CONTRACT Table of Contents Invitation to Bid 1-2 Table Of Contents 3 General Conditions,Instructions and Information 4—s Indemnity/Hold Harmless Agreement 9 3 Cone Of Silence 10 Drug Free Worhplace Certification 11 Insurance Requirements 12 Insurance Form Samples 13-15 Standard Form of Agreement 16-21 Corporate Acbnowledgment 22 Certificate(If Corporation) 23 'Germs and Conditions 24-26 Standard$pecificatlons —Anhydrous Ammonia 27 Schedule of Pricing 28 Professional References 29 Bid Signature Form 30 Statement of No Bid 31 Bid Submittal Checblist 32 Bid 42015-09 Anhydrous Ammonia 3 GENERAL COQ ITIONS9 INSTRUCTIONS AND INFORMATION 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, 0 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 fora 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 6( O) 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. 5. PAYMENT: Payment in full will be made AFTER all units have been delivered, inspected, and accepted by the City. Bid#2015-09 Anhydrous Annnonia 41 I' ,_ „ e 6. INSPECTIONS: An authorized representative of the City shall have the right to inspect units upon delivery for condition and completeness of order. After inspection, Bidder will correct any unit unacceptable, including freight charges for returning units, at no expense to the City. 7. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL_ is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 8. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 9. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty(30) days of bid award be returned at bidder's expense. 10. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 11. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 12. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 13. 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 f0SHA) 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. Bid#2015-09 Anhydrous Ammonia 5 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 shelf 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-, VIt or better. If you have any questions regarding the City's Insurance andlor Bond requirements, please contact the City's Risk Management Office at (569) 243-7150, Sample insurance certificate included for your review. C. LICENSES. Proposers, 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 Iaws. No perspective bidder may have any outstanding fines or lions 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 @ 661-243- 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 materiallservice 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 ail Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 19. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State andlor Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85» 80126215590-4 appears on each purchase order. 20, FAILURE TO Bib: If you do not bid, return "Statement of No Bid Form"and state reason. Otherwise, YOUR NAME "MAY" 13E REMOVED FROM OUR MAILING LIST. 21, EXCEPTIONS TO CONDITIONS, 1 THRU 11 (Boiler Plate):Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. Bid#2015-09 Anhydrous Ammonia 6 � ' � Mal 22. RENEWAL: The successful bidder shall be awarded a contract fib three (3) years with the option to renew for two (2) additional one (9) year periods, renewable by the Gity Commisssion-or4heir--designae --i e-the-Gity-Manager The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the City Commission. 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. 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, servicos, 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(1 0) 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 cancellationRermination of the contract, 27. NON-DISC RIM]NATION: 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. Bid 112015-09 AnhydroLis Ammonia 7 _ 29. PROTEST OF AWARD 1 PROTEST BOND: Parties that are not actual bidders,proposers or responders, Including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting(excluding the day of notification) or any right to protest is forfeited It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars($16,000.), whichever is less. ff 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, 5ec.35.44 Protest shall be addressed to: City of Delray Beach Purchasing Manager 140 NW Is'Ave Delray Beach, FL 33444 Bid 112015-09 Anhydrous Ammonia 8 � '' INDEK141TYIHCLD HARKLESS AGREEHENT BID No.2014-09 ANHYDROUS AMMONIA ANNUAL CONTRACT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, l osses 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 Iv441e. 014-ev44-- there-from, or any other damage or loss i 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 rcaSPnubl�. bar. Any cost of expenses, includinglattomey'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 shali continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. f Contractor`s Name Signature Date Bid Y2015-09 Anhydrous Ainmonia 91 CONE OF SILENCE BiD No. 2014-09 ANHYDROUS AMMONIA ANNUAL CONTRACT The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence"provision that limits cammtmicalion 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 goveming 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 goveming 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 goveming 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 ill, division 2, part A, section 2- 51 et seq.)or municipal ordinance as applicable. (0 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 goveming body as applicable, awards or approves a contract, rejects all bids or responses, or othenvise 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-12015-09 Anhydrous Ammonia 10 DRUG FREE WORKPMCE CERTIFICATION BID No.20t4-09 ANHYDROUS AMMONIA ANNUAL CONTRACT If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: iDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed ff none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, 1 certify that this firm compiles 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 late 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 Dame Signature [late Bid#2015-09 Anhydrous Ammonia I 1 � MINIMUM INSURANCE REQUIREMENTS BID No.2014-09 ANHYDROUS AMMONIA ANNUAL CONTRACT 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. A Best Rating of no less than A-7 is required for any carriers providing coverage required under the terms of this Contract. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: I. 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$1,000,000 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$9,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) City of Delray Beach is listed as Additional Insured in Description of Operations. Section. c) Contractor must submit an "Additional Insured Endorsement Page" d) Premises and/or Operations:minimum of$500,000. e) Independent Contractors. 0 Products and/or Completed Operations. g) 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 Once and must include: a) Minimum Limits of$9,000,000 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 paragraph should be received prior to commencement of work. The contractor shall 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 contractor ("not the insured") shall be required to notify the City of material changes or cancellation of Insurance policies, or non-renewal. Bid 92015-09 Anjiydrous Aminonia 121 3 SAMPLE MAfQCT•f AP 1D:KR CERTIFICATE OF LIABILITY INSURANCE THS CEKnF3CAF'E IS ISSUE=D AS A MATTEIR OF INF RW.T)ON ONLY AFID CONFEM NO fJ(I S UPON TF:F GEKRFICATE 14OLDEFL THS CERTK-OATe 60BB NVT AFFIFWATh"ELY OR REGATTVFLY AMEND,EXTEND OR AL7trc THE COYERA4c AFFORDED BY YHE FOLFCIFS BEL05'f. T7dS GF3c-Ta} GATE OF WStJF;AN'C DOES NOT COnS71TUTE A CDN'RACT BEIIYEEN THE iS MNG INSURER{SI AUTP.OFJZW Rg"S-SEWrATM OR PAOWCET4 AND 1341:Ct FMMATc NOLDGR. , IMPORTANT! if tho c a"fkde hoidar Is an ADD'rT NAL INSURED,the p7ky(Ie4,1 must be endorsed, If SUBROGA 10N IS AMI),guts 0 to ' tho tame and eor,0304s of tau policy,CGrW'5 poikle-s may mg09 en FndvrstmMt Astslik, nt on tbly U&Fkats dos out wniar Aghts tc 4:a cee5hczte ho{dar fn liou of seen ensiarse a ' rcxcx« Phone." rn�r John Ao Fax ABC InsuranaA Company Address ' v.tuRm e�sne¢er' ContYaCtOX tiaCtt_' Y,'g71�'xos ____ Addrest - i COY7tAGES CERTNZICA75 NUU18M REVISIOH UMBER; ] Tru is TC CERTIFY THAT THE;10Qi tES W VISUWCE LTTE,-DELOW HOVE EZ-Y ISSUED TO THE INSURM NJ.ED AX r.FOR TiiE PO k'Y PERoo R:CdCATEO. 1:oT'ldtRSTlJiU:FtG Arlt';EC+JF,EltP3tC,TFRAt OR ctxtaTmu of AKY CQ\'t WsOT 6R 4TfiEfi DoClsiF-}7T�i"r1 R£sPECT TL`Nh+VCH 7r{5 CM7F.CATE LiAY fit I.SSOEA OR HAY PFRT,03,YHE�NStTIiA'IC AFFORM 6Y THr POMES PES(7FaE4 NERON IS SU3EGT TO AU Tai£TJ��19 EXCUlSK)H$AND=M.`JONS c,SUGH FCUCeS.l:�GriS iOYA!i:AY HAVE SEE?t R° ED 9Y PATO CX+I`tllS. �a trpc OF a'sp-*'U� NM INf:s y xt»catwria.„ s�.:toca�+cF s i,oD: 1 A x dxl CEl=XA-L"UrY twow e: F 17,00 PFjsDqkt LAWNXKf s fl3i�.�ff' Cti`E U647APPM PER rROO.cts.ca�r.�PA 3 i 2, 1- - ,A+]rWrxa�tsee?errY t i'�'- A X1AYrxto �YtvarrfvKr� r ?ip+CV7� IrI s Mt�'usas A A%M-J`Liv by'{Yr t R:A41�:IfE7} 3 A "`S ''g 011v`,tJ.+XC 1�" Ca4TE S REft?Tna(5 ! I F 4'y P'to�wFJepLVtE LttE%M E'.E1�t&A ENT 1 r,l QQ 000 rx 'P,:RS14-+ 'tlrtrE t'--1fA —1[s5FJ5E•EtEiut douzYO a at�sa�i >ws -R7JYLPGt e i 004 Q A I t�Str�flOiS OF,w'�a'A"A�tLS f iSGRt1U+515i#eG'ER(7.Lapfi ACO,LI te}Aaa+1:.�1 prr�'.s 4�at�,erwz s�q rrgdrn� City of AelrayoBeaht iD lieted as Additional Insured Project Name: PtojLet number: 30 Days Notice for Cancellation CERTiF1CATE HOI.IYR CALL(-' RT'FON CffDB 1 _ SHOIAO/.NY PF 7T{E ABOVE DESGTi7E:n BEFm City of Deh-ay Beach THE EaT-auTraK aA7e: TrEREOr, AotC4 v,T L aE rS.> - N Acc�efwc YmNrnsPCUCrPROsOSiatis.30 Days notice 100 NW 15'Avenue ' Delray Beach,ll.33444 AurrF r�RSsxrt± I n .. 0 7928- 716 Ac,DRO VORPO€tATICtN.All rigids reserve ACORD za(201of0-5) The ACOM rrrn and logo are mgtt,a marks of ACOM Bid#2015-09 Anhydrous Almnonia i3� i 3• IMPORTANT , If the oE;VgOato lvder is an ADOft'ORAL INSURED, the puRcy(tes) nmUet be en Wed. A statement on tWLS ce4fica(e does nntcr>nfar rights id tfto ceriifMtc{hnldeC in lieu of SUCK endorsamont(s}, If SUBRWATION 13 WAMIR subPvt to th#terms and wMfUotd of the policy,certain policfeS ntay i s r�cgn} an endoamani. A statement on this wtffteat9 Aoas not vonfat r�hts is the oerllttcets f holder to lieu of stx h ondomernoni(s), DISCLAIMER Tho Ced toots of Insurance ou t44 reverse alde of thss fwm Boas not constttvta a contract bewaan the f&,utig fnsutar(s), stNtarizod cepnesentaWa or producer, end the certiticote fmfder, nor does It sftlm,mUv*or negalivaly MOO, adwW or after QW Covarmgs cffmiad by the Psiftfes 1!stad thereon. i I f i I Bid#201 5-09 Anhydrous Ammonia 141 f COMIAMCIAL GENERAL LIABILITY THIS E14DORSEIAENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR ! CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - CONIPLET'ED OPERATIONS This endorsement modifies Insurance provided under the follcxving: COMMERCIAL GeMPAL L1AMITY COVFRAGE PAPT A. Section II-Who is An Irisared Is amended io This thsUftme doss not apply in! include es an addltional lnsured any person or vrganl4atlon when you and such €rorzon 1, 'Sodfly injury', 'property damage' or ar or&anlzallors haVa agreed in WtXtiq in a 'personal and advertising Inlury'oaused, mniract or agreement that Such person or In whole or In part by the rendering V. oreanfzewn ha oddsd as an additlonsl in• or the failure to render,arty professtonal sured on your poflry. Such peman or orgen- archlledural, anghwering, or surveying tzatlon is an additonal Insured only with services,Including; respell to liability caused.In whole or In part, by°yaurworS;performed forthat Insured Arid a, The preparing, approving,or faifinp inclodad in tho 'praducts•cornploted oper- to prepare or approve, msps, shop ations`hazard. drdy,tnps,opinions,repO-tsr sW"M The coverage alorded to the Additional In- €laid orders, change orders, or sured Is solely limited to liability specifically drgidnil and specfllcations;and - resullinp from the mriduct Of the famed In- sured, which may be Impirtad la the Addl- b. Supervisory, Inspection, archheo• ilvaol Insv;ed. turel,or engineering acify€ties• 13. This endorsemont provides no maerago to 2. Willful misconduct of, or for dafecls in the Additions'-lnaureo for liability caused,In design furrilshed t�,, the addiiivnai irr r wholb Cr in per'., out of the claimed sured ar lls'employees'. noullgence of the Addiional lnsJrcd, other than which may he irr-puiad to the Additional As a oond;lTor,of oerage,the additional Ih- ineured by Virtue of the conduct oftha Named sured shalt beohllgaled to tender the defense Insured, and lndemntry of every olalrr or suit to al: C. yVllri respect to the Insurance afforded those other insurers ihat may provide coverage to additional Insureds, the folirnving edd#tlonal The additional Insured, whather writtngenl, eXCCConippuslor spplles; excess or primary, �cWr l wiz utr�m s aw CG 70 V 01 OS Bid#2015-09 Anhydrous Ammonia 15� T UDARD FORK *F ACREEKEKY BETWEEN CITY AKIN 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, end will perform the contractual requirements pursuant to all covenants and conditions. 1. 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 B i d 1 -2 Table of Contents 3 General Conditions, Instructions and information 4-8 Indemnity/Hold Harmless Agreement g Cone of Silence 10 Drug Free Work Place Certification 11 Insurance Requirements 1 Sample Forms 12- 15 Standard Form of Agreement 16-21 Corporate Acknowledgment 22 Cerlificate(If Corporation) 23 Terms and Conditions 24-26 Standard Specification-Anhydrous Ammonia 27 Schedule of Pricing 28 Professional References 29 Bid Signature Form 30 Statement of No Bid 31 Bid Submittal Checklist 32 Bid#2015-09 Anhydrous Ammonia 161 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 taws of the State of Florida as Now and hereafter to 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 900 NW 9st 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#2015-09 Anhydrous Ammonia 171 9. In consideration of ten dollars ($90.00) 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 -ate 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-4wei��m"nd- -desedptien 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 a end-deseriptierr that may be brought against the CITY which-ray result from thelo✓perations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone Bid#2015-09 Anhydrous Ammonia 181 t i directly or indirectly employed by either. This indemnification includes all costs and fees r r<5b,%alyle- includingrattorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 1 Q. This Agreement shag 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 199, 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. Bid#201 5-09 Anhydrous Ammonia 191 • F 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. 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 NIAJEURE: 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, not or civil eommotions, 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 42015-09 Anhydrous Anur►onia 201 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the clay and year first above written. ATTEST: CITY OF DFLRAY BEACH, FLORIDA By. City Clerk Cary D. Glickstein, Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: B Y: (Print or type name and title) (Print or type name and title) (SEAL) Bid 42015-09 AnhydrUs Ammonia 2t � CORPORATE ACKKOWLEDGMENT STATE OF ?WP4 GVAAU14 COUNTY of 'BJcSe, The foregoing instrument was acknowledged before me this I( E-14 day of 20 L4 _, by 91; C (name of officer or agent, title of officer or agent), of ir4NN61 f0 u s7X05. the-- of PA (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 >Rtivi5izs tie-6056 (type of identification) as identification. s Signature of Person aking Acknowledgment D6r)0 L - /A UAOfA Name of Acknowledger Typed, Printed or Stamped Bid#2015-09 Anhydrous Anunonis 22 _ e CERTIFICATE (If Corporation) STA TE OF FLORIDA ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of AKnLee- +NtusT2iE5, 'Ne- _, a corporation under the laws of the State of ?6tiN5Y1vA&y4 held on NoyGxl 7„ , 20r�, the following resolution was duly passed and adopted: `RESOLVED', that STeekleA -3• as Cho 'MJ President of the corporation, he/she is hereby authorized to execute the Agreement dated �4•vE 36 , 20�y, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". 1 further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the corporation this II-`" day of Nbv5N6&z , 20Ly. i (Secretary) (Seat) Bid 92015-09 Anhydrous Ammonia 231 CITY OF DEFRAY BEAC H TERS AND CONDITIONS BID No. 2014-09 ANHYDROUS AMMONIA ANNUAL CONTRACT A. PURPOSE: The purpose and intent of this "Invitation to Bid" is to seek competitive bids for furnish and delivery of the chemical Anhydrous Ammonia (NH3) (Metallurgical or Premium Grade (59.995%pure) to be use by the City's Water Treatment System. Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or quality than is described herein. B. COMPETENCY OF BIDDERS: Pre-award inspection of the bidders facility maybe made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services described in this Bid 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 shag 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. C. NOTICE OF AWARD: It is and shall be understood and agreed that a Contract shall not be deemed to be awarded and validly entered into between the successful bidder(s) and the City until written notice has been given to the awarded vendor(s) by the City through its authorized agent, and purchase order shall be issued to the Bidder(s) covering same. An award shall be made on the basis of lowest total bid per item to the responsible bidder(s)meeting specifications. Tie bids shall be decided by individual participating entities. f ,J—:1A Uv 06(G 6W ' D. CONTRACT TERM: Term of Contract hall be three(3)year commencing onlor about notification of award and expiring one year thereafter. ty-reserves the right to renew the contract for an additional one (9) consecutive term of one (9)year period per paragraph#122 of the General Conditions. E. FIRM PRICE: The City requires a firm fixed price on the unit prices as bid for the contract period, NOTE' YOUR UNIT COST AND UNIT OF MEASURE SHOULD REFLECT THE SAME AS THOSE SPECIFIED IN THE SCHEDULE OF PRICING, F. DEFAULT OF CONTRACT: The City may, by written notice to the successful Bidder(s), terminate their contracts if the Bidder has been found to have failed to perform his service in a manner satisfactory to the City as per specifications as stated herein, or fails to meet the City's performance standards. The City shall be sole judge of non-performance. G. QUANTITIES: Quantities stated are for Bidder(s) guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs and estimated usage for the twelve (12)month period. Said estimated quantities may be used for the purpose of evaluating the low bidder meeting specifications by the entities. H. ESCALATION CLAUSE: The City of Delray Beach acknowledges the fluctuating nature of prices for items specified. Accordingly an escalatorlde-escalator clause will be accepted only under the following conditions. (a) Price increase(s) and price decrease(s) comparable to documented manufacturer's price changes. (b) Receipt of proper notification to Purchasing, in writing, of all items affected by price increases/decreases. Rid#2015-09 Anhydrous Ammonia 24 (c) Whereat]prices shall have remained firm for a minimum of 90 days after effective date of contract. (d) All prices increase(s) and decrease(s) to be approved by the Finance Director. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving(60) days'notice to the Contractor. 1. PAYMENT: Payments shall be made on a per order basis, All invoices submitted for payment must include certified weight certificates indicating gross, tare, and net weights in addition to showing the purchase order number and must be delivered to the City. City's agent must receive and provide signatory acceptance of delivery at designated site. Invoices may be submitted via email to: accounts a able m delra beach.com. J. DELIVERY., The successful Bidder(s) will be responsible for setting up a delivery schedule with the City plant supervisory personnel. Any changes in this schedule must be approved by the appropriate authority. L. ORDER PLACEMENT., After notice of award is given to the successful bidder(s), the City reserves the right to utilize either of the following order placement methods: (1) Purchase orders will be issued to the successful bidder(s) throughout the contract period on an as- needed, where-needed basis. Vendor must note name of person placing order on delivery tickets. or (2) A blanket (open) purchase order may be issued to successful bidder(s). Releases for delivery of product will be made against said blanket order. Vendor must note name of person placing order on delivery ticket. M. VENDOR SERVICE REPRESENTATIVE: The Sidder(s)must submit with his bid proposal the name address and phone number of the person(s) to be contacted for the placement of orders and the coordination of deliveries of services. A contact for both regular work-hours and after-hours, weekends, and holidays must be identified. This will become a part of the bid proposal and shall be so understood and agreed. N. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: In compliance with Chapter442, Florida Statutes, any item delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet(MSDS). The MSDS must include the following information: (1) The chemical name and the common name of the toxic substance. (2) The hazards or other risks in the use of the toxic substance, including: (a) The potential for fire, explosion, corrosiveness, and reactivity; (b) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance;and (c) The primary routes of entry and symptoms of overexposure. (3) The proper precautions, handling practices, necessary personal protective equipment, and other safely precautions In the use of or exposure to the toxic substances, including appropriate emergency treatmont in case of overexposure. (4) The emergency procedure for spills, fire, disposal, and first aid. (5) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. Bid I12015-49 Anhydrous Aniunonia 251 (6) The year and month, if available, that the information was complied and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. Q. PROTECTION OF PROPERTY: The successful bidder shall at all times guard against damage or loss to the property of the City of Delray.Beach, and/or the participating entities of this bid, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The City may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or hisIller agents. P. INFORMATION: Questions relevant to this bid shall be referred to Patsy Nadal, Purchasing Manager, City of Delray Beach, (561) 243-716117163 or via email:nadal m detra Ybeach.com. Q. JOINT BIDDING,.COOPERATIVE PURCHASING AGREEMENT: State on Bid Form if you will extend the some prices, terms, and conditions of this bid to other Palm Beach County governmental agencies. R. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CA TEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bid#2015-09 Anhydrous Ammonia 261 II STANDARD SPECIFICATIONS Bib No. 2014-09 ANHYDROUS AMMONIA ANNUAL CONTRACT + This standard pertains to anhydrous ammonia for use in the treatment of municipal water supplies. The Anhydrous Ammonia ("Producl')delivered by the awarded vendor will meet or exceed these specifications. The City of Delray Beach may reject any Product that does /rot meet the specifications and no charge shall be made for Product so rejected. Vendors that deliver hazardous chemicals must assure that their employees are trained on performing the job safely, including but not limited to the characteristics of the supplied chemical, safe operating and maintenance practices, emergency response, routine operational observations or maintenance tasks, and technical guidance to assure that the workforce is adequately acquainted with all aspects of handling and using the supplied chemical. Upon request, the selected vendor must present information on their applicable safety practices and training. Vendor must submit a manufacturer's Materials Safety Data Sheet(MSDS)for the chemical bid with the Sid Form. The selected Vendor will be required to submit a new MSDS to the City if any revision or change occurs during the term of the contract. 1. Physical Requirements; Anhydrous ammonia (NH3) supplied under this standard shall be a pungent, colorless, liquefied compressed gas. The material shall contain no solid in suspension that could interfere with the proper operation of ammonla feed equipment. Anhydrous ammonia has a molecular weight of 17.031 and a boiling point of-33.43°C (-28,17°F) at 1 atm. Under the same conditions the density is 42.57 pounds per cubic foot. Ammonia vapor is 0.597 times as heavy as air. 2. Chemical Requirements: The anhydrous ammonia of this standard shall be refrigeration grade or better and shall have a minimum assay of 99.995% ammonia by weight. Ammonia is classified as nonflammable by the Department of Transportation. It is highly associated and stable. 3. General Impurities: The anhydrous ammonia supplied in accordance with this standard shall contain no soluble material or organic substances in quantities capable of producing deleterious effects to the health of those consuming water that has been properly treated with anhydrous ammonia. These quantities shall not be capable of causing water so treated to exceed USFPA safe drinking water standards. Water, the water content shall not exceed 150 ppm by weight Oil content shall not exceed 3 ppm by weight. 4. Product certification. Anhydrous ammonia is a direct additive used in the treatment of potable water. This product must conform to NSF Standard 60. 5. Marking and Shipping: Each container shall carry a clear identification of the material it contains and shall carry the proper current labeling and precautionary information as required by federal, state and local requirements. 6. Bulk shipments: Anhydrous ammonia in bulk shipment delivered by truck shall comply with all federal requirements. Bid#2015-09 Anhydrous Ammonia 271 i' u � E - --' SCHEDULE OF PRICING BID No. 2014.09 ANHYDROUS AMMONIA ANNUAL.CONTRACT ®BID FORM All Bidders shall submit pricing in the format requested ANHYDROUS AMMONIA BULK: $�i��_- per lb. H 55,000 lbs. ~ $ 1C1 ' OQ A. Anhydrous Ammonia annual estimated usage: 65,000 Pounds B. Quantities shown are for estimating purposes only, not a guarantee of actual usage,ordered on an "as needed"basis. C. Per pound pricing should be all inclusive,delivery,freight, etc. D. Metallurgical or Premium.Grade(99,995%pure)Anhydrous Ammonia E. NSF Certified F. Certificate of Analysis provided with deliveries G. Delivery hours:7:00 A.M,to 4;00 P.M., Monday thru Friday(except legal holidays) H. City Contact;John Bullard, Water Treatment Manager I. Delivery Address: 201 SW 7'h Street, Delray Beach, FL 33444 J. Invoice Terms:Thirty(30)days from day of delivery and acceptance K. All prices are to remain firm. L. Awarded contractor shall be responsible for transferring the product from transport vehicle to the City of Delray Beach storage vessel. f, M. Bidder shall specify minimum shipping amount if any: NOTE:The Water Treatment Plant has a 3,000 gallon tank. Therefore,the ammonia delivered maybe LESS THAN TRUCK LOAD QOANTITIES. 1. Does bidder certify the tank acceptable for delivery and storage of anhydrous ammonia? X YES ❑ NO 2. Certification attached: J4 YES ❑ NO 3. Rehabilitation Cost to meet tank service certification: Dump Sum $ C omments/Exceptions: t r JOINT BIDDING, CO-OPERATWE_PURCHASING AGREEMENT: Will extend the some price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. YES Q NO VENDOR NAME: _ ':]:!A OL 14 �IV Bid 42015-09 Addendum No. I — -2$ p a-� - r 1 Tank Inspection checklist(form#TICL-1) Customer:Icity of Defray Beach Cust.# I Date: City; State: Tank size:1 1000 a Serial#: 185534 N.B. 185534 Tank manufacturer: Date of manufature: 1992 Tank OK: er visual ins ection ®A B C D E F G H I Diagram notes: 0 4 4 PSI gauge discoloring and leaking - Tank decals are in place and ledgible but showing sii ns of fading. No Vaporisor Unit on tank) B ��-rj Below: Mark all problems with an"X"and L K explain. Mark"replaced"if part replaced at time of inspection. Problem Replaced A. Pressure switch H. 85%valve. [� Type: 10 if none,is opening available? Isolating valve: opening size: Part#: 10 0 B.Vaporizer isolating valves: 1. Pressure relief valves To Exp. Date: 08-2015 Part# A8017DP Man. Date: 08-2010 Part#: AA313OUA250 C. Liquid fill valve: Three way valve: Part#: 11P A8016DP 0 0 Part#: #844 0 D. Float gauge: J. Hydrostatic relief valve: Top 1 side mount:*- A6280-21-41 0 Part# SS8021J 0 Tank diameter:–► 41 Exp. Date: _ Float dial only: ♦ 0 Man. Date: E. Pressure gauge: K.Vaporizer drain valve: PSI range: T-301400 Part * Isolating valve Part#: ► HN39F4 0 L.Vaporizer heating element KW I Volts 0 F.Vapor fill valve: Type: Part#: ---► A8017DP 0 M.Anhydrous ammonia decals N.Hazard warning decals G. Customer supply valve: O.Acme valve caps 0 Part#: 10 A7505AP 0 P.Safety relief valve caps ** Perform evaporation test if pump out required" Is data plate intact? Is it legible? Condition of paint loveran Ok Any excessive corrosion, dents, pitting, etc.? LNQ- Condition of vaporizer assembly (shell and piping) N/a Inspected by: R Butt Service agreement: F SIO entered PROFESSIONAL REFERENCES BID No. 2014-09 ANHYDROU$ AMMONIA ANNUAL CONTRACT 'Please complete this page or attach your reference Page to this sheet. a1 A enc/Cam an U-( , Iq / Address L�Cd� i S G 1� i �f ��(� �� (21 (It'E V City, State Zf Contact Person 1 it i3 iii / C Tele hone 4 Z - Data s of Service ,�1 rU Al 11 Type of Service I GG��� 1 ,v Comments: Agency/Com an 1 1 c r t I uC V( -A Address 2 [ f az T city,State,Zi p � Contact Person ��y i Ckah Tete hone ` J E3 ?,- Q ! Hates /of Service 1 r t U tT( ° ���1 P cjC (1-/c p f 0 Ale Type of Service / Ru U. 11.6hMCOJO Comments: t1(Q f r j f r 0,9tfmg ✓ Agenc/Cam an � rr n Address 4-tt Cif ,State, Contact Person C1 fls Telephone Dates of Service ( 3(!� Type of Service c V C- z- b �C - -A �. GQ S Comments: /h VENDOR NAME: Bid ft2015-09 Anhydrous Ammonia 29� r CITY OF DELRAY BID SIGNATURE BID No. 2014µ09 ANHYDROUS AMMONIA PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO DO SO SHALL.DE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in nteordance 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 STRFFT ADDRESS �]iJj n q V,�V,fr P.O.Box address not permitted CITY S'L'ATE ZIP CODE MAILING ADDRESS: K Check If same as Business address above. BUSINESS MAILING ADDRESS CITY,STATE,ZIP CODE, AUTHORIZED SIGNATURE(Written) PRINT NAME f Z TITLE (o! ersnnsi DATE TELEPHONIC:NUMBER I 3�Z "L�✓J FAX NUMBER -•S 1-,,MAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE 1 CELL NUMBER L � � 7, FAx EMAILADDRESS Bid#2015-09 Anhydrous Ammonia 301 CITY OF DRLRAV STATEMENT OF NO BID BID No, 2014.09 ANHYDROU$ AMMONIA ANNUAL CONTRACT PLEASE AFFIX SIGNATURE WHERE INDICATED If you are not bidding on this service or commodity,please complete and return tills form via fax(561)243-7166 or email iiadal n u► ydelra ybeacl►.con► VENDOR NAME BUSINESS ADDRESS CITY STATE,ZJP CODE CONTACT NUMBER SIGNATURE DATE Minarit Owned Business: ❑ Black ❑ Hispanic ❑ Woman F1 Other We,the undersigned have declined to bid on Bid No.2015.09 due to the following reason(s). Please indicate below with an'W', Specifications too `Yi ht,i.e.,gearod toward brand or manufacturer on ex lain below Insufficient time to respond to the Invitation to Bid We do not offeril�is roduct oran a uivatent Our roduct schedule would not petmit us to perform Unable to meet s aci6cations Unable to meet bond requirements.. Specifications unclear(explain elove Other(spec bolo►v REMARKS/OTHER Bid 92015-09 Anhydrous Atrunania 311 T ANNER INDUSTRIES, INC. 735 DAVISVILLE RbAQ,THIRD FLOOR SOUTHAMPTON,PA ]896('2M 215-322-1238 PAX 2-15=322-7 25 www Aarinerind:com AMIYDRODS A +iOKA: SPECTFTCATIONS Metalli rg; .aa1.`. G c Ammonia OW- Assay 99.9965% Minimum Ammonia MW Assay 99.999 Typical Water 33 ppm- Maximum . Water <10 ppm Typical Oil 2 ppm Maximum 011 1 ppm Typical Revision : June 1, 2001 Supercedes July 1997 I�IVISIOUS: NATIONAL AMMONIA, BOWEL? AMMONIA AND CHEMICAL.., NORTHEASTERN AMMONIA, HAMLER NDUSTRIES C (.F Z, N _14 C7 a LLI C3 LN la$ � U-) ems'" CL < V� O CD vi MATERIAL SAFET Y.DATA SHEET ANHYDROUS AMMONIA T DISTRIBUTORS: TI TANNER INDUSTRIES, INC. DIVISIONS: NORTHEASTERN AMMONIA NATIONAL AMMONIA BOWER AMMONIA&CHEMICAL FIAMLER INDUSTRIES 735 Davisviile Road,Third Floor,Southampton,PA I8966;215-322-1238 CORPORATE EMERGENCY TELEPHONE NUMBER: 800-643-6276 CIIEMTREC: 800-424-9300 DESCRIPTION CAS REGISTRY NO:7664-41-7 CHEMICAL NAME:Ammonia,Anhydrous CHEMICAL FAMILY:Inorganic Nitrogen Compound SYNONYMS: Ammonia MOL.WT: 17.03 H3) COMPOSITION: 99 °/u Ammonia FOR1VITlLA NH3 STATEMENT OF HEALTH HAZARD HAZARD DESCRIPTION: Ammonia is an irritant and corrosive to the skin, eyes, respirat�orytkeaetesnd1 mucous s and skin. skin and xrrespiratory'elated diseases expanding gases may cause severe chemical burns and frostbite Y could be aggravatedized b OSHA as a carcinogen. Not recog Y Not listed in the National Toxicology Program. Not listed as a carcinogen by the International Agency for Research on Cancer. EXPOSURE LIMITS FOR AMMONIA:Vapor 50 ppm, 35 mg 1 m3 PEL 8 hour TWA OSHA 35 ppm, 27 mg 1 m3 STEL 15 minutes NIOSH 10 hour TWA 25 ppm, 18 mg 1 m 3 REL 300 ppm, IDLH 3 25 ppm, 18 mg 1 m TLV 8 hour TWA ACGIH 15 minutes 35 ppm, 27 mg 1 rn3 STEL TOXICITY: LD 50 (Oral/Rat) 350 m 1 k PHYSICAL DATA BOILING POINT: -28°F at 1 Atm. VAPOR DENSITY:0.0481 LbIFt3 at 32°F LIQI]ID DENSITY:38,00 LWYO at 70°F PH:NIA APPROXIMATE FREEZING POINT:-108°F(per SPECIFIC GRAVITY OF GAS(air=1): 0.596 at 32°F SPECIFIC GRAVITY OF LIQUID(water-1):0.682 at-28°F VOR PRESSURE:a 1141psg at 70°F 4°F (Compared to water at 39°F). SOLUBILITY IN WATER(per loo pounds of water): 869 PERCENT VOLATILE: 100%at 212°F ounds at 32°F,51 pounds at 68°F APPEARANCE AND ODOR:Colorless liquid or gas with SURFACE TENSION:23.4 Dynes 1 cm at 52°F pungent odor. CRITICAL PRESSURE: 111.5 atm CRITICAL TFAI-PERATURE:271.4°F GAS SPECIIIC VOLUME: 20.78 Ft3/Lb at 32°F and I Atm. Revision: January 2411 Page I of 5 Prepared Sy:JRP PDF Created with deskPDF PDF Writer - Trial :: http://www.docudesk.COM MATERIAL SAFETY DATA SHEET EMERGENCY TREATMENT EFFECTS OF OVEREXPOSURE: EKJe: May cause severe irritation, eye burns or permanent eye damage. Skin: Irritation, corrosive burns,blister formation may result. Contact with liquid may produce a caustic burn and frostbite. Inhalation: Exposure may result in severe irritation and I or burns of the nose,throat and respiratory tract.It may cause bronchospasm,pulmonary edema or respiratory arrest.Extreme exposure may result in death from spas►n,inflammation or edema. Brief inhalation exposure to 5,000 pprn may he fatal. Ind: Ingestion is unlikely since the material is a gas under normal atmospheric conditions.If ingested, it may cause burns and severe pain of the mouth,throat,esophagus and stomach or may be fatal. EMERGENCY AID:Remove patient to uncontaminated area. &Pe: Flush with copious amounts of tepid water for a minimum of 20 minutes.Eyelids should be held apart and away from eyeball for thorough rinsing. Seek medical attention. Skin: Flush with copious amounts of tepid water for a minimum of 20 minutes while removing contaminated clothing,jewelry and shoes. Do not rub or apply ointment on affected area. Clothing may initially freeze to skin. Thaw frozen clothing from skin before removing. For liquid ammonia contact, seek immediate medical attention. For severe vapor contact or if irritation persists, seek medical attention. Inhalation: Remove to fresh air. If not breathing,administer artificial respiration. If trained to do so,administer supplemental oxygen, if required. hi case of severe exposure or if irritation persists or if breathing difficulties arise,get medical attention. Ingestion: If conscious, give large amounts of water to drink. May drink orange juice, citrus juice or diluted vinegar (1:4) to counteract ammonia.If unconscious,do not give anything by mouth. Do not induce vomiting! Seek medical attention. NOTE TO PHYSICIAN: Respiratory injury may appear as a delayed phenomenon. Pulmonary edema may follow chemical bronchitis. Supportive treatment with necessary ventilation actions,including oxygen,ma warrant consideration. FIRE AND EXPLOSION HAZARD DATA FLASHPOINT:None. FLAMMABLE LIMITS IN AIR: LEL/1JBL 16%to 25%.(listed as 15%to 28%in the NIOSH Pocket Guide to Chemical Hazards. EXTINGUISHING MEDIA:Dry Chemical,CO2,water spray or alcohol-resistant foam if gas flow cannot be stopped. AUTO IGNITION TEMPERATURE: 1,204°F(If catalyzed). 1,570°F(If un-catalyzed). SPECIAL FIRE-FIGHTING PROCEDURES: Must wear protective clothing and a positive pressure SCBA. Stop source if possible. If a portable container (such as a cylinder or trailer) can be moved from the fire area without risk to the individual, do so to prevent the pressure relief valve of the trailer from discharging or the cylinder from rupturing. Fight fires using dry chemical, carbon dioxide, water spray or alcohol-resistant foam. Cool fire-exposed containers with water spray. Stay upwind when containers are threatened. Use water spray to knock down vapor and dilute. UNUSUAL FIRE AND EXPLOSION HAZARDS: Outdoors, ammonia is not generally a fire hazard. Indoors, in confined areas, ammonia may be a fire hazard, especially if oil and other combustible materials are present. Combustion may form toxic nitrogen oxides. If relief valves are inoperative,heat exposed storage containers may become explosion hazards due to over pressurization. CHEMICAL REACTIVITY Revision: January 2011 Page 2 of 5 Prepared By:MP PDF Created with deskPDF PDP Writer- Trial :: hfp://www.docudesk.com MATERIAL SAFETY DATA SHEET STABILITY: Stable at room temperature. Heating a closed container above room temperature causes vapor pressure to increase rapidly. Anhydrous ammonia will react exothermically with acids and water. Will not polymerize. CONDITIONS TO AVOID: Anhydrous ammonia has potentially explosive reactions with strong oxidizers. Anhydrous ammonia forms explosive mixtures in air with hydrocarbons, chlorine, fluorine and silver nitrate. Anhydrous ammonia reacts to form explosive products, mixtures or compounds with mercury,gold,silver, iodine,bromine,silver oxide and silver chloride. Avoid anhydrous ammonia contact with chlorine, which forms a chloramine gas, which is a primary skin irritant and sensitizer. Anhydrous ammonia is incompatible with acetaldehyde, acrolein, boron, chloric acid, chlorine monoxide, chlorites, nitrogen tetroxide,perchlorate,sulfur,tin and strong acids. Avoid contact with galvanized surfaces,copper, brass,bronze,mercury,gold and silver.A corrosive reaction will occur. HAZARDOUS DECOMPOSITION PRODUCTS: Anhydrous ammonia decomposes to hydrogen and nitrogen gases above 450°C (842°F). Decomposition temperatures may be lowered by contact with certain metals,such as iron,nickel and zinc and by catalytic surfaces such as porcelain and pumice. SPILL OR LEAK PROCEDURES STEPS TO BE TAKEN: Stop source of leak if possible, provided it can be done in a safe manner. Leave the area of a spill by moving laterally and upwind. Isolate the affected area.Non-responders should evacuate the area, or shelter in place. Only properly trained and equipped persons should respond to an ammonia release. Wear eye, hand and respiratory protection and protective clothing; see PROTECTIVE EQUIPMENT. Stay upwind and use water spray downwind of container to absorb the evolved gas. Contain spill and runoff from entering drains, servers, and water systems by utilizing methods such as diking,containment, and absorption. CAUTION: ADDING WATER DIRECTLY TO LIQUID SPILLS WILL INCREASE VOLATILIZATION OF AMMONIA, THUS INCREASING THE POSSIBILITY OF EXPOSURE. IVASTE DISPOSAL: Listed as hazardous substance under CWA(40 CFR 116.4,40 CFR 117.3).Reportable Quantity 100 pounds.Classified as hazardous waste under RCRA (40CFR 261.22 Corrosive #D002). Comply with all regulations. Suitably diluted product may be utilized on agricultural land as fertilizer.Keep spill from entering streams, lakes,or any waters stems. SPECIAL PROTECTION AND PROCEDURES PROTECTIVE EQUIPMENT: At a minimum,splash proof,chemical safety goggles,ammonia resistant gloves(such as rubber)and ammonia-impervious clothing should be worn to prevent contact during normal operations,such as loading,unloading and transfers. A face shield and boots can be worn as additional protection.Refer to 29 CFR 1914.132 through 1910.138 for OSHA personal protective equipment requirements. For a hazardous material release response,Level A or Level B ensemble including positive-pressure SCBA should be used. EYE PROTECTION: Chemical splash goggles should be worn when handling anhydrous ammonia. A face shield can be worn over chemical splash goggles as additional protection. Do not wear contact lenses when handling anhydrous ammonia. Refer to 29 CFA 1910.133 for OSHA eye protection requirements. RESPIRATORY PROTECTION: Respiratory protection approved by NIOSH for ammonia must be used when applicable safety and health exposure limits are exceeded. For escape in emergencies, NIOSH approved respiratory protection that consists of a full-face gas mask and canisters approved for ammonia or SCBA should be used. A positive pressure SCBA is required for entry into ammonia atmospheres at unknown concentrations or above 300 ppm (IDLH). Refer to 29 CFR 1910.134 and ANSI: Z88.2 for OSHA respiratory protection requirements.Also refer to 29 CFR 1910.111 for respiratory protection requirements at bulk installations. VENTILATION: Maintain adequate ventilation to keep ammonia concentrations below the applicable standards. Revision: January 2011 Page 3 of 5 Prepared By:FRRP PDF Created with deskPDF PDF Writer-Trial :: h#tp://www.docudesk.com MATERIAL SAFETY DATA SHEET SPECIAL PRECAUTIONS STORAGE AND HANDLING: Only trained persons should handle anhydrous ammonia. Store in cool (26.7°C/80°F) and well-ventilated areas, with containers tightly closed. OSHA 29 CFR 1910.111 prescribes handling and storage requirements for anhydrous ammonia as a hazardous material. Use only stainless steel, carbon steel or black iron for anhydrous ammonia containers or piping. Do not use plastic. Do not use any non-ferrous metals such as copper, brass, bronze, tin, zinc or galvanized metals. Protect containers from physical damage. Keep away from ignition sources, especially in indoor spaces. NVORK-PLACE PROTECTIVE EQUIPMENT: Protective equipment should be stored near, but outside of anhydrous ammonia area. Water for first aid, such as an eyewash station and safety shower, should be kept available in the immediate vicinity.See 29 CFR 1910.111 for workplace requirements. DISPOSAL: See WASTE DISPOSAL. Classified as RCRA Hazardous 'Waste due to corrosivity with designation D002, if disposed of in original form. Revision: January 2011 Page 4 of S Prepared By: JRP PDF Created with deskPDF PDF Writer- Trial :: http:l/www.docudesk.com MATERIAL SAFETY DATA SHEET LABELING AND SHIPPING HAZARD CLASS: (US Domestic): 2.2(Non-Flammable Gas) (International): 2.3 (Poison Gas)subsidiary 8(Corrosive) PROPER SHIPPING DESCRIPTION: (US Domestic): UN 1005,Ammonia,Anhydrous,2.2,RQ, Inhalation Hazard (International): UN1005,Ammonia,Anhydrous,2.3,(8),RQ,Poison-Inhalation Hazard Zone"D" PLACARD: IDENTIFICATION NUMBER: UN 1005 (US Domestic): Non-Flammable Gas (International): Poison Gas,Corrosive(Subsidiary) National Fire Protection Assoc. Hazardous Rating: 1 3 0 Hazardous Materials Identification System Labels: ANHYDROUS AMMONIA HEALTH 3 FLAMMABILITY I REACTIVITY 0 PERSONAL PROTECTION H OTHER REGULATORY REQUIREMENTS Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Section 103, any environmental release of this chemical equal to or over the reportable quantity of 100 lbs. must be reported promptly to the National Response Center,NVashington,D.C. (1-800-424-8802). The material is subject to the reporting requirements of Section 304, Section 312 and Section 313, Title III of the Superfund Amendments and Reauthorization Act (SARA.) of 1986 and 40 CFR 372. Emergency Planning&Community Right to Know Act, (EPCRA)extremely hazardous substance, 40 CFR 355, Title III, Section 302—Ammonia, Threshold Planning Quantity(TPQ)500 lbs. EPA Hazard Categories-Immediate: Yes;Delayed:No;Fire:No; Sudden Release:Yes;Reactive:No. Clean Air Act — Section 112(r): Material is listed under EPA's Risk Management Program (RMP), 40 CFR Part 68, at storage/process amounts greater than the Threshold Quantity(TQ)of 10,000 lbs. The chemical is listed under Department of Homeland Security regulation 6 CFR Part 27, Chemical Facility Anti-Terrorism Standards at storage/process amounts greater than the threshold quantity of 10,000 pounds. This chemical is subject to 49 CFR 1580,Rail Transportation Security, DISCLAIMER The information,data, and recommendations in this material safety data sheet relate only to the specific material designated herein and do not relate to use in combination with any other material or in any process. The information, data,and recommendations set forth herein are believed by us to be accurate. We make no warranties, either expressed or implied,with respect thereto and assume no liability in connection with any use of such information,data,and recommendations. Revision: January 2011 Page 5 of 5 Prepared By:JRP PDF Created with deskPDF PDF Writer- Trial :: http:l/www.docudesk.com Aso TANNIND-01 COSH CERTIFICATE OF LIABILITY INSURANCE OATE(hrhI1OD1YYYY) THIS CERTIFICATE iS ISSUED AS A MATTER DF IfIFORlLTATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOL ER.1TWS 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 certffIrAft holder Is an ADDITIONAL INSURED,the Pollcy(fes) mu$t be aAdorsed. If SUBROGATION IS WAIVED, subject to the terms and canditlons of the policy,Certain POUC108 may require an endorsement. A statement on this certiTfcate does not confer rights to the certfficate holder In!!eu of such endorserllBngs, PRDDac�R (215)567-6300 CO T John D.I{vriz The Graham Company The Graham Bullding eH t .216.701-6237 No..21&525-0241 1 Penn S:!'."z a West AGO RI SS:Kyrtz UNIT rahamco.corn Philadelphia,PA 19102 INSURE S)AFFORDING COVERAGE NAIC 3 INSUReo INSURERA.Nautllus Insurance Company 17370 Tanner Industries,Inc. INSURERB:Great Qlvlde Insurance Com an 25224 735t)aYis ton Road,Third Floor INSUMc.-As en S Cis Insurance COM an Southampton,PA 18966- 10717 WSURERD:Commerce&Indus Insurance Com n 19410 INSURERS: INSURER P: COVERAGES CERTIFICATE NUMBER. REVISION NUMBER-- THIS iS TO CERTIFY THAT THE POLICIES OF INSURANGE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME[)ABOVE FOR THE POLICY PERIOD INDICATED. NOTtMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EX CLUSIONS AND CONDITIONS OF SUCH THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAfD CLAIi41s. VTR TYPE OF INSURANCE U PGUCY uaHER c EXa GENERAL LIABILITY LFMS A X commERCIAL GENERAL UWLrrY LP 2011827-10 17ACH OCCURRENCE S 1,000,00 611/2014 6!112015 PR S 300,00 X CLAlI,1$-GIppE �OCCUR MED E)(P Vtiy one P�'�++) $ 10,00 PERSONAL&ADV INILIRY $ 1,000,00 GENLAGGREGATE[.WrTAPPL1E$PER, GENERALAGGRFGATI; S 2,000,00 POLICY PRO- LOC PRODUCTS-COMPIOPAGO $ 2,000,00 AUTOM OME LIABILITY S CO BINED S HOLE LJ 13 x ANYAuTo AP2011MID ate° : 1,an0,aa ALL AUFOS OWNED A ED $If 12014 6/1/2016 BDDrLYINJURY(Perperson) S .OWNED BODILYfHJURY(Pgr ) S IiIREDAUT05 /ujrpg PROPERTY GE ACCID S LNERELLALIAa I X I OCCUR ComplC011fslDn S 1,00 C X EXCESSLIAB FXI CLAIMS-I"Me CJ4J14 EACHOCCURR.EN�CE S 5,000, DED RETENTra�S 6/1l2G14 61112015 EACH s 51000100 WORKERHOOMPENSATFoR $ SEE BELO AND EMPLOYERS'LULBIUTY WC STAT- Ol}L- ® OFFIC�EgW--SEER OLLCDED7 CUnbE YIN NIA CA201182610 611/2014 EM/20f5 EL EACHAcar)pNT (mandatory in NH) $ 1,000,0 H yyeess d EL OISEASE-EA EMPLOYr $ 1,000,00 DESG`RIPTK)N OF OPERATIAYS beivx D Pollution Coverage 2G31329 000,OCK 000, 61112412 6/112015 Ea Loss/Agg, 5101000100 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 401,Aaftonal Remaft Schedule,N more apace Is required) Umbrella Policy-Limits shown may be lower than th0 total IIMXS provided CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE Evidence of Insurance THE EXPIRATIO DATE ABOVE NOTICE WILaL CANCELLED ENCDE�°ERED�IN ACCORDANCE WITH THE POLICY PROVkSIONS. AUTHORIZED REPRESENTATIVE ACORD 2.5(2010105) The ACORD name and logo are registered marks of ACORD C ORF ORATION. All rights reserved. Majtenyi, Victor From: Nadal, Patsy Sent: Tuesday, December 30, 2014 8:53 AM To: Majtenyi, Victor Cc: Bullard, John Subject: Bid No. 2014-09 Anhydrous Ammonia Importance: High Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category JabSt 1.✓Vadae Purchasing Department Ph. (561) 243-7161 Fx. (561) 243-7166 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: Stephen Tullis [ma i Ito:Steghen.TuIIis(�Airaas.com] Sent: Tuesday, December 30, 2014 8:50 AM To: Nadal, Patsy Cc: Stephen Tullis; Cynthia Thomas Subject: RE: Bid No. 2014-09 Anhydrous Ammonia Ms. Nadal, In the indemnity section, we would like to propose a cap on economic losses of$100,000. We are willing to accept the rest of the contract. If the City cannot accept a cap on economic losses then we will not be able to accept the contract. Please let us know your decision. Thank you, Stephen Tullis Director of Contracts and Marketing Airgas Specialty Products, Inc. 2530 Sever Road Suite 300 Lawrenceville, GA 30043 (678)985-7330 C(678)642-9182 F(678)985-7331 1 Airs From: Nadal, Patsy [mailto:NadalCa)mvdelravbeach.com] Sent: Wednesday, December 17, 2014 10:20 AM To: Cynthia Thomas Subject: Bid No. 2014-09 Anhydrous Ammonia Importance: High Mr.Tullis; The City of Delray is requesting conformation that AirGas. Inc. is willing to accept Bid #2014-09 and Agreement as presented in the bid package. The City would award to the vendor without any changes to the terms and conditions. This is the City's standard language that has been approved by the City Attorney's Office for all short form agreements, therefore included in each bid package so that vendors know up front what they will be expected to execute, and thus, cannot be altered. The Agreements presented in the bid package needs to be executed "as is". If you are not willing, then your bid would be considered non-responsive. Please response as soon as possible. Thank You Purchasing Department Ph. (561) 243-7161 Fx. (561) 243-7166 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. 2 Majtenyi, Victor From: Nadal, Patsy Sent: Thursday, December 18, 2014 11:36 AM To: Majtenyi, Victor Subject: Bid No. 2014-09 Anhydrous Ammonia Attachments: Standad Form ofAgreement.pdf Purchasing Department Ph. (561) 243-7161 Fx. (561) 243-7166 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: DPasauarella @tannerind.com [mailto:DPasauarella @tannerind.com] Sent: Thursday, December 18, 2014 11:00 AM To: Nadal, Patsy Cc: THearn @tannerind.com Subject: Re: Bid No. 2014-09 Anhydrous Ammonia Ms. Nadal: Tanner Industries, Inc. is okay to accept language as is. Please let me know what is the next step. Regards, Tanner Industries, Inc. Dave Pasquarella Sales Supervisor From: "Nadal,Patsy"<Nadal anmvdelravbeach.com> To: "'sales @tannerind.com"'<sales6d)tannerind.com> Date: 1211712014 09:59 AM Subject: Bid No.2014-09 Anhydrous Ammonia Mr. Pasquareua; The City of Delray is requesting conformation that Tanner Industries is willing to accept Bid#2014-09 and Agreement as presented in the bid package. The City would award to the vendor without any changes to the terms and conditions. This is the City's standard language that has been approved by the City Attorney's Office for all short form agreements,therefore included in each bid package so that vendors know up front what they will be expected to execute,and thus,cannot be altered. The Agreements presented in the bid package needs to be executed "as is". If you are not willing,then your bid would be 1 considered non-responsive. Please response as soon as possible. Thank You Jabq 1.Na" Purchasing Department Ph. (561)243-7161 Fx. (561)243-7166 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. 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: January 26, 2015 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 RESOLUTION NO.09-15/BEST INTEREST RESOLUTION-PRIVATE SECURITY/TENNIS TOURNAMENT BACKGROUND The City of Delray Beach hosts the ATP Champions Tour/Delray Beach Open the Venetian Las Vegas ("tournament") each year, pursuant to an Agreement between the City and Match Point, Inc. dated October 12, 2005. According to Section 10.7 of the Agreement, titled "City's Responsibility to Control Premises," the City is required to provide security services during the tournament dates, which this year are February 9, 2015 through February 23, 2015. That section specifically provides, "[t]he City shall be responsible for the security and crowd control at the tennis center and at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the tennis center or any City, County, State or Federal laws." In years past, quotations for security services for the tournament were solicited in mid-to-late January without issue. However, because this is the first year that Parks & Recreation staff is coordinating with Match Point Inc. to meet the terms of the contract, staff was unaware that the volume of security services needed for the tournament would be of such a value that it would require acquisition by a Sealed Competitive Method under Section 36.02(A) of the City's Procurement Code. By the time this was recognized, it was too late to complete an RFP for Security Services and still meet the terms of the contract with Match Point Inc. Despite the lack of an acquisition by Sealed Competitive Method, in an effort to obtain the greatest value to the City, competitive quotations were solicited on January 20, 2015 from 6 vendors and are due to be received by the Purchasing Division on January 27, 2015. These quotations will be analyzed to ensure all required documents are submitted, and they will be evaluated on their experience levels with similar type of events as well as past performance. Rates for each company will be compared to the rates previously paid for security services for the New Year's Eve event to ensure that quotes are competitive. Six (6)vendors were solicited by email, and at this time there have not been any vendors indicating they could not provide services on these dates due to other commitments. After the quotations are received and compiled on January 27th, 2015 an amended Agenda Item and bid summary for Quotation Request No. 2026 will be forwarded to the Commission. Attached are copies of the contract with Match Point, Inc., Quotation Request No. 2026 and the ATP "Best Practices for Tournament Security." We will ensure that future procurement of security services will be completed via the RFP process where applicable under the City's Procurement Code. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION City Commission is requested to approve a bid for private security from February 9, 2015 through February 23, 2015 for the ATP Champions Tour/Delray Beach Open by the Venetian Las Vegas by approving a best interest resolution setting aside the formalities of the City's Procurement Code and awarding the contract to a vendor to be determined once all quotations are received on January 27, 2015. The current item before the City Commission will be updated prior to the February 3, 2015 meeting by separate memorandum through the City Manager. OPERATING COST Funding is available from 001-4210-575-55.40 (General Fund/Recreational Supplies/Tennis Tournament). TIMING OF THE REQUEST This item is time sensitive, as the ATP Champions Tour/Delray Beach Open by the Venetian Las Vegas, takes place February 13 - 22, 2015. FUNDING SOURCE Funding is available from 001-4210-575-55.40 (General Fund/Recreational Supplies/Tennis Tournament). RECOMMENDATION Motion to approve BEST INTEREST RESOLUTION AND award the bid for private security for the ATP Champions Tour/Delray Open by the Venetian Las Vegas. RESOLUTION NO. 09-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF SECURITY SERVICES FOR FEBRUARY 9 — 23, 2015 FOR THE ATP CHAMPIONS TOUR/DELRAY BEACH OPEN, BY THE VENETIAN LAS VEGAS, 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 on October 12, 2005, the City entered into an Agreement with Match Point, Inc. to host the ATP CHAMPIONS TOUR/DELRAY BEACH OPEN,BY THE VENETIAN LAS VEGAS; and WHEREAS the Agreement requires the City to provide security, per section 10.7, titled City's Responsibility to Control Premises; and WHEREAS this clause states "The City shall be responsible for the security and crowd control at the tennis center and at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the tennis center or any City, County, State or Federal laws";and WHEREAS, in years past, quotations for security services for the tournament were solicited in mid-to- late January without issue;and WHEREAS, quotes for security services for the ATP Champions Tour/Delray Open by the Venetian Las Vegas were solicited during the same time frame and in the same manner as previous years; and WHEREAS, this is the first year that Parks & Recreation staff is coordinating with Match Point Inc. to meet the terms of the contract, staff was unaware that the volume of security services needed for this event would require an RFP procurement process; and WHEREAS, once this was determined, it was too late to complete an RFP for Security Services and still meet the terms of the contract with Match Point Inc;and WHEREAS, despite the lack of an acquisition by Sealed Competitive Method, competitive quotations were solicited on January 20, 2015 from 6 vendors and were only 3 quotes were received by the Procurement Department on January 27, 2015;and WHEREAS, the vendor that provided the lowest quotes did not provide all of the required document and was deemed non-responsive;and WHEREAS, D.A.K. Security Agency Inc. provided the second lowest quote at $35,731.25 and all required documents, and WHEREAS, these quotations were analyzed to ensure all required documents were submitted, that they possess experience with similar type of events, that their past performance is in compliance with ATP Best Tournament Practice Standards to meet the elevated security threat to small/mid-sized sporting events as identified by Homeland Security and the Joint Terrorist Task Force/FBI , and that rates for each company were compared to the rates previously paid for security services for the New Year's Eve event to ensure that quotes are competitive; and WHEREAS, all security references were verified and approved by law enforcement;and WHEREAS, the selected Security Provider must meet certification for identified Homeland Security threat level;and WHEREAS, Parks & Recreation will ensure that future procurement of security services will be completed via the RFP process where applicable under the City's Procurement Code; and WHEREAS, utilization of the City's competitive procurement methods for the purchase of SECURITY SERVICES FOR FEBRUARY 9 — 23, 2015 FOR THE ATP CHAMPIONS TOUR/DELRAY BEACH OPEN, BY THE VENETIAN LAS VEGAS, is not practical or cost effective due to time limitation based on security threat level at the time of the event; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of SECURITY SERVICES FOR FEBRUARY 9 — 23, 2015 FOR THE ATP CHAMPIONS TOUR/DELRAY BEACH OPEN, BY THE VENETIAN LAS VEGAS, D.A.K. Security Agency Inc. , attached as Exhibit "A", is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of . 2015. MAYOR ATTEST: City Clerk � E � C) o 'E CO W � o ° o g o q ° o M 2 � 0 ° k ° C6 ° ° $ ° 1 ƒ o + g + q / + E \ 0 � 6c" c � � co � � 2 q 0 0 % « / § m ® E r ° m Q 2 CO k E o § 2 R / LO o o R 5 c = § ° m 2� 6 Cl) C'4 6 S 9 / � @@ ° 7 C) / n q m § § q n n 2 % = f CNo3 > p k CO U) C/)2 R o � c � ■ w 2 : C'4 » 0 E U 0 R o o % @ i z m 0 C) d C) C,4 C) 7 0) � 4 p 2 0 2 �_ �_ 2 LO �_ O q 2 0 w § K m U ? 0 CY > C E < ƒ � U % U � o 0 0) k k � ® _ D . L o « 0 R ■ O LO E � } k k 0 § T- o � a � � 0 o � 2 k 2 2 $ @ ■ c Q > k E 2 � / u � 2 @ ¢ u o E c ■_ o c @ 0 k 2 U k ® c � � k / 0 2 k k w m n r LO to I- BEST PRACTICES FOR TOURNAMENT SECURITY The Best Practices for Tournament Security document is a list of best practice guidelines that can be used as a reference when developing your tournament's security plan. We understand that due to the diversity of venues and locations, that certain of the best practice guidelines may not be reasonably necessary at a particular tournament. However, we still hope this list will be a beneficial resource. I would appreciate it if your Tournament Director, or their designee, could email me the tournament's security plan approximately one month prior to the start of your event. 1. Security/Law Enforcement Personnel. Personnel properly trained and equipped constitute the primary element of implementing a successful security program. The appropriate level of trained security staff should be assigned to monitor key venue locations. Security personnel should receive the necessary level of training to be familiar with the tournament site and to perform their security functions. Develop a strong partnership with federal, state, and local law enforcement. Review your emergency plan with law enforcement and request their assets to include bomb dogs for stadium sweeps. 2. Threat Assessments and Site Surveys. Threat assessments should be conducted at all tournament sites at least five weeks prior to each tournament event. Issues that should be considered include: bombings, persons with firearms, chemical/biological agents, threats against specific persons and severe weather/natural disasters. A threat assessment should be reviewed on an annual basis, or sooner, based on current security intelligence. The assessment should be conducted by a security professional with established credentials relative to high-profile security events. 3. Stadium Operations Center. A Stadium Operations Center staffed with tournament management, police, fire/EMS, and private security should be in place to facilitate decision making. The tournament security supervisor can lead and coordinate all emergency related activities until the situation can be turned over to the appropriate public safety commander. 4. Bomb Threat Checklist. Telephone answering staff should have a copy of a bomb threat checklist and be trained in the proper way to respond to a bomb threat phone call. 5. Pre-Event Facility Inspection. Day of tournament staff should conduct a facility inspection each day before the venue gates open. They should attempt to identify unattended packages and investigate unusual or suspicious facts or circumstances. A checklist should be considered to facilitate the process. The results of the inspection should be reported to a tournament supervisor or security supervisor prior to gates opening and maintained as documentation that the inspection was conducted. 6. HVAC, Gas Protective Measures. Tournament staff should ensure that all HVAC, gas, and fuel systems are inspected and protected with locks. Security should be assigned to guard vulnerable systems. Flammables and combustibles should be secured in a secure area. 7. Deliveries. If possible, deliveries should be scheduled in advance of gate openings. Exceptions should be cleared with the Tournament Director. Deliveries should be coordinated and recorded in a database. 8. Hardened 30 Meters Perimeter. Establish a secure hardened perimeter around the stadium at least 30 meters out from the walls of the facility to the maximum extent possible. Protect areas on the perimeter vulnerable to forced vehicle entry with barricades. Close roads and streets adjacent to the facility where feasible. Security should conduct periodic perimeter searches and report suspicious activity around the site. 9. Credentialing Procedure. Simplify credentialing indicating zone access and letter or color code by tournament function. Photo credentials must be utilized. Maintain a record of persons issued credentials for control purposes. Train access control personnel in credential recognition an access. Credential boards should be placed at essential access points. Provide a hologram, bar code or other protection on the credential to reduce the possibility of counterfeiting. Credentials should be substantially different from those used in prior tournaments. Incorporate a requirement that credentials must be worn at all times and clearly displayed. 10. Gate Access. Post uniformed police officers and/or private security at entry gates during all times that the gates are open to observe for suspicious behavior (i.e. surveillance by individuals who may be looking for weak security; winter clothing that is inconsistent with weather). In addition, full perimeter security of the venue grounds should be maintained. Proper illumination of the perimeter is essential to deter trespassers. The use of CCTV cameras is encouraged. Any stored items such as boxes or pallets blocking access locations should be removed. 11. Bag Inspections. Spectator bags that do not fit under a seat should not be allowed into a venue. All bags should be thoroughly inspected before they are admitted inside. Day of tournament staff shall be trained to handle situations where weapons or other contraband are discovered. 12. Prohibited Items. It is recommended that the following list of items be prohibited from all tournament venues: weapons, backpacks, hard coolers or like containers, bottles or cans, alcoholic beverages, aerosol cans or noisemaking devices, animals (unless a service animal), video cameras or recording devices, computers or laptops, laser pointing devices, flags, banners, and signs. A list of prohibited items should be posted at all entry gates. The prohibited items list should also be posted on the tournament website. 13. Procedures Review. Tournament Directors and security supervisors should review and update as deemed necessary: their fan entry and re-entry policies, bomb threat procedures, evacuation plans, crisis response plans and emergency public address announcements. 14. Court Security. Security should be posted in the area of all playing courts. A clear passageway should be maintained in the event that players have to be removed from the courts. During breaks in play, security officers should be posted directly behind the area where players sit and be vigilant towards the seating area. Tournaments should consider increasing court and stadium security staffing levels during semi-finals and finals matches. Random security checks should be made on all practice courts. Security staff should be equipped with portable radios and headsets in order to communicate with each other and the Stadium Operations Center. 15. Player Security. The Tournament Security Supervisor should meet prior to the start of each day's matches with the Tournament Referee and Tour Officials. Player movement on the grounds should be monitored by a security officer. Ranked players or players of public interest may need two security officers, one officer leading and one officer trailing the player. Player security escorts should be aware of procedures in evacuating a player from the court to a safe area or back to the locker room. 16. Player Lounge and Locker Room Security. All access points to player lounges and locker rooms should be guarded by security personnel. Security personnel should be fully briefed on the proper credentials that are allowed in each area. The training room and Tournament Physician's office should be locked or secured when the tournament is not is session. Security should commence starting at 9:00am (or earlier if necessary) on the Qualifying Sign-In Day and continue through the conclusion of the tournament. 17. Security Threats. Tournament Directors or their designees are requested to contact the WTA Director of Security immediately regarding threats of individuals who are identified as security threats to players. Information obtained by WTA will be shared with other tournaments via the Persons of Interest List. 18, Data Content Licensing Rules. Tournaments must make appropriate plans to enforce the prohibition of the use of laptop computers in the area of match courts and the unauthorized dissemination, transmission, publication or release from the grounds of the Tournament of any live match scores or related statistical data, with individuals identified as violating these prohibitions being identified and removed. The WTA and Tennis Integrity Unit should be provided with details of courtsiders or suspected courtsiders. The information should include: names,photographs, and a physical description for review. COP D-ULMLoff MEA- CM 100 NW Is2 Avenue De�rray Beach, FL 334" 1 w Quote No. 2026 EVENV SECURITY DEL K[a / BEACH OPEN BY THE V CS L- AK L&NO UPa u4 Mwld®2 c Ram<] G [1 pecm�MaE� o (Zell 2vm--'AGE 0 Rim(z3ml 2,61-mm m CTTy GIF a ElLRAY F E .CHI EKIVT71 A7EGK� 7(C) QU(D7NE quat e P©. 21,G Z(S D120 Rkd' 13EkCH C 7 EM I37Y THE VEME7�fiz,m ILAS VIEGAS, Dnmlm d @GEZ and Hm, ovmatl®n ®'mg [F �U&A*Poa¢e Cev2R @mq6 @n 9 Qma�e Rgnm hwa €w R� 30 L°a ®6�ntCu�i�G��4 � 0JJPA) & = ° ' RA."CC QUOTATION R7.QUr7nT F01 LLJ� MO). 70ACO LIn11�Ml Q ITN&CV 100 NVV Ist Avenue (561) 243-7166 (Fan) Delray Bead, FL 33 QUOTES MUST BE RECEIVED ON OR BEFORE Tuesday,January 27,2015 prior to 2:00 P.M. The quote number listed above must appear on all quotations and related correspondence. This is not an order. This inquiry implies no obligation on our part. Changes or suggestions offering cost economies are solicited. QUOTATION#2026 The City of Delray Beach is seeking quote requests from qualified firms for private security services for the Delray Beach Open by the Venetian Las Vegas to be held at the City of Delray Beach Tennis Center. Security Services requested are as, per the attached schedule at the required posts beginning February 09, 2015 thru February 23, 2015 Bidders are required to complete the attached proposal entering hourly rate and total costs. Expectations or suggested changes to the schedule may be submitted and attached for consideration. Copies of all required supporting documentation as listed is required to be considered a complete bid. *' The City of Delray Beach reserves the right to reject or accept any or all bids. You may submit your quotation via email or fax. -->Email: purchasing(@my_delraybeach.cnm Fax Attention: (561) 243-7166 Purchasing if you have any questions, please do not hesitate to contact me at (561) 243-7163 Thankyou, la'Anal Dowdell, Purch sing Assistant Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas ] Quote#2026 RESPOND TO ITEMS IF APPLICABLE, THIS INQUIRY IMPLIES NO OBLIGATION ON THE PART OF THE BUYERS: SPECIFY WARRANTY: Parts: NIA Labor: NIA Delivery Time: NIA calendar days after receipt of order. Shipping From: NIA Terms and Conditions: NIA ANNUAL PREVENTATIVE MAINTENANCE: Parts $_NIA and/or Labor NIA Provide three (3) local customers presently using this project or service: Company Name Phone Contact Person CONDITIONS.-(Only if Applicable) ACCEPTANCE: The City of Delray Beach reserves the right to accept or reject any and/or all parts of this quotation as deemed to be in the best interest of the City. SHIPMENTS: All Shipments are to be made F.O.B. destination. DEFAULT In case of default, the City of Delray Beach reserves the right to procure items contained herein from other sources and hold successful vendor or contractor liable for resulting increased costs and/or damages. 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 award, be returned at bidder's expense. PRICING: All prices should be shown in unit amounts and totals wherever applicable. In the event of discrepancies, unit pricing shall prevail. All prices quoted must be firm as shown and good for a minimum of ninety(90)days from date of opening. TAXES: The City of Delray Beach is exempt from any taxes unposed by Federal and/or State Government. Exemption certificates, if required, will be furnished by the City. Tax exemption includes Federal excise tax on tires. DISCOUNTS: Bidders may offer a cash discount for prompt payment. However, such discounts will be not considered in determining the net cost for quote evaluation purposes. Bidders should reflect any discounts to be considered in the quote unit price. SAFETY STANDARDS:The bidder warrants that the product supplied to the City conforms in all respects to the Standards set forth in the Occupational Safety and Health Act of 1970 and its amendments and the failure to comply with this condition will be considered a breach of contract. Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas 2 j{�/ BEACH EVENT SECURITY ¢q[�� LAS {/ �+p DELRP'91f BEACP�lp®�/P(�E(l�VgB/Y T6rllE VENETIAN A tlIC GAS DELRA If LEACH TENNIS CENTER 1, PURPOSE: The purpose and intent of the "Request for Quotation" is to obtain hourly pricing for the un-armed guards, bag checkers, and supervisors for the Delray Beach Open by the Venetian Las Vegas to he held at the Delray Beach Tennis Center, February 09, 2015 through February 23, 2015. 2. NOTICE OF At3V ARD: It is and shall be understood and agreed that Quote agreement shall be deemed to be awarded and validly entered into between the successful Bidder and the City of Delray Beach when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering same. Contract shall be awarded to the lowest responsive/responsible Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the contract, and responsibility with current clients. In addition to price, references and experience with large sporting events, past performance will be considered when deterring awarded quote. 3. FIRM PRICE: The City requires a firm price for pricing stated on the "Schedule of Pricing" page for the stated period. Invoices shall be checked to confirm compliance with quoted pricing 4. SPECIAL TERRA: Term of the Service shall be from February 09, 2015 through February 23, 2015. 5. QUANTITIE& See Scope of Work/ Requirements of Event Security. 6 GENERAL CQNDITOONS: All conditions must be met to be considered a valid quote. 7. INFORMATION: Any questions with regard to the detailed specifications and submittal of your quote should be address to the Purchasing department @ 561-243-7163. Email questions are also acceptable p-or&asingta?mydeira beach com 8. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain a "Business Tax License" before a Notice to Proceed will be issued (Contact Donna Porter @ (561) 243-7209 9. NOTICE: The City reserves the right to wave minor variations to specifications, informalities, irregularities and technicalities in any quotes, to reject any and all bids in whole or in part, with or without cause, and/or to accept a quote that is in its judgment will be for the best interest of the City. The City reserves the right to alter/change hours of or assigned stations prior, during and after quote award. Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas CETY OF DELRAY REACH SCOPE OF WORK EVENT SECURITY DELRAY BEACH OPEN BY THE VENETIAN LAS VEGAS DELRAY BEACH TENNIS CENTER Provide professional private security and bag checking services for the Delray Beach Open by the Venetian Las Vegas will be held at the Delray Beach Tennis Center from February 09, 2015 through February 23, 2015 at the locations and times indicated on the pricing proposal. 1) Licensed with State of Florida (attach copy) 2) Bonded (attached copy) 3) Certificate of Liability Insurance (attach copy) 4) Provide a detailed evaluation plan 5) Must have neat polo or dress uniform shirt with badge indicating private company name and tag with uniform pants or shorts (no blue jeans or t-shirts) 6) Guards to have radio or cell phone for contact with Supervisor 7) Supervisors to be in logo polo shirts with identification 8) Supervisors to be on site at all times scheduled 9) Bust show proof of experience and references for providing similar services for similar event type Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas 4 � � 2 § ) . A � ) {� {C }CL k � k « kU) LUR w0 bq . _ LL � , LL 2) LL T) 0 > ° ƒ ° 2 . 2 a, to ` j . k ± ) + � i ) /( kI . k2 } 23 m2 22 / > m » � n e4 � k � 0 a hf 0c � _o ; % � _o m ° A_ / § f u 3 k / r � \ j 2 § 2 � 2 � 6 ƒ ƒ � = b U. r LL r Zv � ' § m U. [ § ¥ \ L > u u ; u m o � ± \ § ƒ � . ¥ 2g � { / ) \ � LD ) I co [ E� Ln ? Q o 2 o R E 0 A x[ \ A CD a = \ o � _cli \ \ \ § � \ o - § . LL � LL JE k # ) 2 Eo £ A k a 0 2 ¢ [ 2 2 | k[ / § \e ) qU) � % GL 0 0R .CL u A o � ) \� « \ W @ � f o # 3 2 6 2 � 2 . ) ) . ` ) ) . CL A CL (n km 0 � / ) § ) k k R �i 7 o �. o 0 > 07 CL k k ) ) U 6 � k ƒ ■ 40 0 22 m2 > Ln j § © � n § ) (L � $ � co � . to o l� IN ¢ o u § 2 3 < E � 0 0 � � � � e ; � s / m � \ : k \ ` / e ■ � k = � \ � a -E \ { f m � LLJJ / a- >, LL § } k m & 2 k ( e yam � ( \ \ 2 a = e > » - - a w 2 CD & � � M . fn LL o � 2 o « - « « w S 2 $ � � ] R \ & § k t [ L [ K # # t k ! E E L k & 2 \ \ 2 \ \ \ § \ \ � q \ \ = k [ ƒ 2 k E { E E k [ [ E [ L E [ [ Cl 0( ]a, § §/ / \ ! c c § G / K ' ° # \ [� 2 § G { 2 - s # - E J t : \7 0 3 o i J E E W ¥ [ � \/� } 3 / y a i k m a 0 \ 3 � pf 2L 22 2 \ k > � ) ƒ § 2 , > Ln _j - g 2 � < C4 obi . SQQ 2uR _ w cu 3 C ■ _ ; m CL CU/ 2 M ƒ � § <IJ C14 z C5 ul k/ / F- \ L a - -- \ U V) 2 \ I / ± o c . � [ 2 � § � � G } $ - , , .- - - - - ] U- >: ° j, E E [ [ [ k k [ g E | E # p o e � � 2 } k 2 2 � / m \ \ / \ \ { / \ 0 { a [711 Y) § { § § § §§ \ § § § t %L] § ca \ E IIn" ! o e E \ ° ; \ � § J j ) f / \ K $ / / . M t a 2 & $ « 3 G e ) { ± & [: ) m 5 ca z § 6 & f / ± Q a O 0 m � CL a D N s O N � i � O c0 cn W O EL z cn N a 0 > W CL N d 3 Y O u � � y U d U} C m A � G7 > sn w J y o K A N W N o CL N m 2 = CP 0 N U C A tV d > W a O M cc LL m L) N N W U y, i -- 4 0 a c N d ❑ O w. 0 0 ❑ t V u A an d � m m io LL V) Co V) V3 v) V1 V) VJ V/ to Fn 6% V] m � T- = LO vi W P LO L[1 4l co Lr) P rm O ❑ N N K a r C7 } W ❑ L- w U. a E E E E E E E E E E E E E a Q n n n n a m a n m a m a F I a N Q o o p P P O r O O G p o o a v o O G O O Q O O o •.. 1 ❑ ll] N W ri v � z r m m P o m ro m N m O m O O O o o p O P O 0 o O O O O C3 C o 0 o Q P 9 � o cp CO co ap O H U C7 U' rt m a�i F- 0 u m E E . L) s m ;° a 0 o m c tm U f�� ❑ C N U U E v `m a o L, 's Z vi Z vi 2 2 to ui C7 ° O cn m { k a = [� - § � $ Lu / % 7 a _ 2 2 U- E / § V05 j ƒ Im cm ) > ® § k L- \ \ Q m 0 C-4 § \ 3 _ rL ci 7 } / ® 2 - R . § LU _ I L E o \ � kM 5 / / § ] re kOf LO R. \ § 2 LO + 7 . cn o 0 - Io LL i] k k E - [ E i & E E 2 [ ! [ § \ \ ° ( \ / ( \ \ \ \ / / \ { \ { / k E(] § / $ § § § § § § / C§ \ _ E C-2--I� A � % \ e E i � v 7 7 \ § / E E ) % § « A a $ « o o E ) f a & / \ƒ J m z 6 z § 2 w & f 6 0:1 Q J of . � � . � ( e . ! » 2 E [ � � S . 2w . Im k § � � 2 ) > m to vq�l us _j ( § b - § o oe � u = b 5 f 3 : \ > 23 o 0 2 uj & e ■ = G k � E ~ oE � / 2 . w � V) m � t k � � A � k 2 e ! ■ r � » ° k0 \ - E46 - - - - - - - )1] LL ] E t E E [ [ ± % t ! [ $ CL k \ \ 2 2 ` R £ % a Fri / 2 ( k k k k ( ( ( (k ( ca [ �] E» ® p c c GO _ � t @ \ \ \ \ \ S ) ® k k { \ 2 ( @ ® } ( @ 16 E 3 E E - f § I / /z w z ¥m z / 6 a � z � a a O. N e» ! va � � 1 O _N N ' y M N 4 ' W 4 . O,. S N N n N LL w a M N L I I L L I I I 7 u u O S d � � d U 0. In 14 � th CO W OS 7 N sn w J N O Q J N 4 Y w D c N 07 W O N N f9 = [O D m U IN w q N N a > CO Y D z LL LL C1 N N Z U 1- O LLE m H R A r U N 0 4 D >- d N cj D 0 LU m 4 m d �o ALL � in w (n w av en U) un 4n u3 vs u3 i1? ❑ O 0'_ N = � o a ao S u� M r-; in �, m �n in �n o Q, N c I T- j 0 � � N a LL o W Q N Ya- U. 4L m LL d ❑ a a a a a N a Ef"i.. a a N N a 0 0 0 © o Q o 0 0 0 0 0 0 o p W a o 0 0 0 0 0 0 o M j = E E E E E E E E a E 3 ro m m m ro cc sa m m m m a = C3 C 0 0 0 4 4 C+ 0 0 O O F .0 -6 b] co co Az .�i. r a°i cn ^^99 1p 0. 0 0 of E U L.rf� to } U U E U m a 0�In (n Z w in (D ° O V m § # $ 2 . ( � CL $ _ _ § 2 § � bo . 2 = C _ D � of a } \ ) L) \ / � Ix > m m ueo gym . « M oLU § 0MQ X20 K / \ m 8 > k 2 § \ d ] 2 16 .' % w U Ln ° = w o CY a B UJ ƒ _ e m _ _ m _ _ _ _ Y)l 6ni ' _ � § 2 � LO \ _ e c = � 2 » e e R = z � 2 � o CN o { _ - - - - - - m ° S ~ < ] ] [ E k [ E [ K | £ E E ;JE co LL m m / \ \ / E a m J = _ = c .0 cc � S ■ © § \ \ 3 & ) \ E 9 U) a E E CL § 7 # / / d [ [ E \ o f Cl) a » o o E \ \ _ _ za z z 0 w z 2 G m & ) 3 ± $ ] � § \ 2I \Go CL § j cn j CL _ > c ; m . g u- 2 2 § ® . - B is | 02 ; 2 «a t c 'g 0:m > © n Q § § w n LD / & Q 5 ) ^ IL f § _ � \ ] § r 2 $ 5E 0 E � CL . _ J >- ƒ a ; § { m 2 } � / coj /� ) I � k � § » ~ _ r ® m $ VZ LU k � g � �] LL. ] k \ E \ [ E [ § k [ k [ & JE k � / \ \ � - \ \ / \ 6 \ 6 � § ( k k Q & \ k k k k 2 ( a [ n �q co L § 2 $ m = ) e [ { $ \ 2 2 \ \ \ G x . = \ ± e R £ q u G e - - J § § - - � ) § g A ) j « o o e J / 2 E \ z z w « z 16 w & \ 6 ) / G IXo Sm > E� § m b / I = - � ( kui ( � \ ) SI & 1, E C � > an _j (n a: 10 « M c2 � m � a � uR E 2 ~ 2 = � u k / ui LU / J � Ea § 0 M \ � \ Em U)I in - ® ® - - ® tn.- m k § 2 5 0 § \ - Z) e E E [ E [ £ i ! L E ; [ ! E # ] [ \ \ \ \ } § t ( � % £ E / \ / \ \ \ M K \ EL j § \ § § § § ƒ § § § / ) § ) \ / E ) § k | 5 / ƒ 2 6 @ / 2 & k V. u 2 \ m / E 3 E § ` f ® \ \ \ } / / \ j / \ - \ m } f al f � $ I k� 2 m _ § V) W of # C _ 2 2 $L 2 § CL ) / 6 » K � ) > L _j - 0 « � C-4 owe o rl co wl q § C / f % N CL > CO } 0 2 c C LL LL L � U \ 0 CIA a o CY - ■ 00 _ ) _ = i�l § � ) tLL Of / 2 © ( C14 m � ° cc a m CD CD s = m = 3 3 k k n � § _ - J J ] S LL [ E E [ [ E E [ E k k [ [ E - 3 ) \ \ \ \ \ \ \ ( \ ) 7 ( ( E E & ! K K % K % E % ( ( © ) / ( - \ ) u R 0 e \ § k & R / w a e E ) \ ! ) u 3 e £ 2 E G E § - — ) 2 E « 7 J a \ u o e \ 2 k ( 2i G z w m z � w / « G * D m } § § 0 f � ~ 41 (L » 2 } 69- § jj § � IF m : 2 0 § o � 2 u Im § � w � � ® 0 2 � « M o ■ i q � 2w � q b { 3 a C%l : n \ ] / U- LL \ k % z - R , § LLI e ui\ � E e J { 00 § \ _ � � + § } ELL mm _ d) m c t ) (Y) § § 2 0 V4 T" � / r � 2 � 4k )� I o §2 LL c: E [ § 0 2 § Lo E .. .. � m z All 2 0 q ( E 0C 2K ) ; A LU « « [ I OGE-EEDI,- LE, 0[� PU,1U E[--0 Fcsiteons: Guards, Bag Checkers, Supervisors Dates of Service: Monday February 09, 2015 thru Monday February 23, 2015 Descd Lion Hours Per Dour Total Guards 1703 X $ _ $ Bag Checker 184 X $ _ $ Supervisors 145 X $ _ $ Total Other Misc. Charges 1 1 $ Grand Total $ `Additional Guards if required $ (Per hour) ADDITIONAL REQUIRED INFORMATION: Management Contact Name Phone (Cellular) (PLEASE REVIEW ATTACHED TIME SCHEDULES) List any excenVons„an d/oir comments: Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas 17 I DRUG FREE WORKPLACE CERTIFICATION EVENT SECURITY DELRAY BEACH OPEN BY THE VENETIAN LAS VEGAS Quote No. 2026 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287 087, Florida Statutes. The drug-free workplace preference is applied as follows. IDENTICAL TIE BIDS, Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process Established procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Signature Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas 18 EVENT SECURITY DELRAY BEACH OPEN BY THE VENETIAN LAS VEGAS Quote No. 2026 A enc lCom an Address City,State,Zip Contact Person Telephone Dates of Service Type of Service Comments: Agency/Company Address C't,State,Zip Contact Person Telephone Gates of Service Type of Service Comments: A enc lCom an Address City,State,Zip Contact Person Telephone Dates of Service Type of Service Comments: Vendor: Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas 19 Ch?V a7 DELE5�V �00 TE SIGMATULE NOG G] QUOTE No. =026 EVIEMV ORCUBOW DELRAY BEACH OPEN BY THE VIKJ12 CAN LAS W19tUIpO PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO DO$O 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 en#irety and with full understanding of the conditions governing this bid. NAME OF BIDDER L Name as registered with their State of on in BUSINESS STREET ADDRESS P.O_ Box address not permitted CITY,STATE,ZIP CODE MAILING ADDRESS: ❑ Check if same as Business address above. BUSINESS MAILING ADDRESS CITY,STATE,ZIP CODE AUTHORIZED SIGNATURE(Written) PRINT NAME TITLE (of person signing form) DATE 1 TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT -NAME TELEPHONE / CELL NUMBER FAX EMAIL ADDRESS Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas 20 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(o] i� S!hw a TriI d!11�'.�Llcac:li.Coal 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 Quote No.2026 due to the following reason(s). Please indicate below with an "V: S eclfications too'ti ht", 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 Nuivalent Our product schedule would not permit us to pertorm Unable to meetspecifications Unable to meet bond requirements Specifications unclear(explain below Other(spec below REMARKS/OTHER Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas 21 RURMU�B(MQUV\�PMEnW IMACK®pia EM Vt�B dM2VMCZ rL&g aB Prior Tab Sheet Quote 2026 Event Security Delray Beach Open By The Venetian Las Vegas 22 a _ m d O t d b y m rn L CD b N oa r--A N Q Dh v 00 oD CD l!'1 jp o ti 2 32 Lf;E in d4 � vt Goo f U 1 P Q L m m m O .t p t0 4Y �t1 In lu h A M p CD Rr O N O _0 O '� O Q C� r r cr 1G u NON r- � C4 w � n fr d AT b9 vi e9 v! ti9 N o a = -0 (n a N P c b m a z Er V - n O Co Q L M r LO L b b 0 m n C 7 0 V) a b CD Q O L ~Ck u C4 ►n CV �_ (Ni p W E El9 d9 H9 wy 4I1, to w L Ln m U c W a L L m 'co ir. � ti rai mom aci ° LD C) wC � �? 'n Cry m u m Q C9 st o Q sY o L d' oW V rCV !V Nmg " r '� U -1 z y c� e}� s9 eH yk tit d o w❑ "'t- � C7CD ma w m 0 0 W a 2 r t w d .� m C3 Ln a eg pLO 0 O M O J M o ° ❑ r' C) l!') b p C > l6 o 'O a 7 LJ U+ 3 u 'E u C `m U E a o 0 J H Rr O O= r r <[ 6 O � _O r a ,pl N O N t r ^ q C 5 cr N d w. E r+ O e w w u LL F- CO 0: C 0 u1 u6 ,C p C e m D 0 o g V Z CL 10 a o O m r c 7 Q ¢ w AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT. INC. THIS AGREEMENT, made and entered into this day of aS6, by and between the CITY OF DELRAY BEACH, FLORIDA ("CITY"), a Florida municipal corporation,and Match Point, Inc. ("MP"), a Florida corporation, W ITNESSETH: WHEREAS, MP desires to promote an annual professional tennis event sanctioned by the ATP Tour, Inc. ("ATP") (the "Event") to be held at the Delray Beach Municipal Tennis Center; and WHEREAS, the CITY is desirous of having the Event take place at the Tennis Center and will fully support and cooperate with MP In conducting a first class, professional sanctioned ATP event;and WHEREAS, the Event will be part of the ATP Tour, which Is a series of man's }professional tennis tournaments played over a period of approximately nine to ten days; and WHEREAS, it is the intent of both the CITY and MP that MP will stage the Event annually at the Tennis Center during the term of this Agreement;and WHEREAS, the CITY has designated JCD Sports Group,Inc, ("Designee")as its authorized representative for the purpose of implementing this Agreement and JCD or its successor designee is authorized to act as liaison on behalf of the CITY, provided however, the City may choose any successor designee;and WHEREAS, MP understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has exclusive pouring rights at the Tennis Center and MP shall not enter into any agreements that would be counter to Coca-Cola's pouring rights in the City; and WHEREAS, MP understands that the CITY has entered into an agreement with Ticketmaster-Florida, Inc. for the sale of tickets for events held at the Tennis Center; and WHEREAS, the parties understand that this Agreement shall take the place of the current Agreement and any amendments thereto. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein,the parties hereby covenant and agree as follows: ARTICLE 'I Grant of L1 nse 1.01. GRANT AND TERArf. The foregoing recitals are hereby incorporated.. CITY hereby grants to MP an exclusive and transferable license for professional tennis events under the terms and conditions set forth .herein (the "Llcense"). Transfers shall require the consent of the CITY which may be given or withheld for any reason or no reason.. MP hereby accepts such License from CITY under the terms and conditions set forth herein to use, manage and operate the Tennis Center for the staging of a nine or ten day (Including qualifying rounds) ATP Event beginning In 2006 to occur on dates determined by the ATP Tour provided such dates occur during the months of November through and including April for the years 2006 through 2030 and for the year round occupancy and use of offioe space as described below In Section 1.05 (M) and (Q). No later than September 30 of the year proceeding the date of the went, MP will notify the CITY of the precise date of the Event for any particular year of the Event; The Term of the License Is for approximately twenty-five (25)years and shall specifically be from the date of execution of this Agreement until sixty days (60) days fallowing the conclusion of the Event In the year 2030,unless earlier terminated as provided In this Agreement. This Agreement Is not a purchase agreement and should be construed-by a court of competent jurisdiction to be a license agreement only, except for the rights of occupancy and use of real property as set forth herein.The License does'not grant, nor is MP receiving, any rights to any real property owned by the CITY nor any property Interest except as set forth in this Agreement. 9.02, EXCLUSIVE LICENSE TO MP The license Is exclusive for the purpose of the Event which means that the City shall not hold any other women's or men's professional tennis event or exhibition with professional tennis players ninety {90) days before or ninety (90) days after the Event provided, however, the CITY shall not be prohibited from holding; (1) a Chris Evert Charity Event so long as it occurs in December; (ii) a Davis Cup or Federation Cup event ; (Ili)amateur tennis events; (Iv)another charitable tennis event In the Cilys sole discretion or any other event as long as it Is not held within 90 days before or after the Event. This exclusive use provided shall not prohibit the CITY from using or licensing the Tennis Center for other purposes, except as prohibited above. 9.03, CORPORATE REPRESENTATIONS AND WARRANTIES, MP hereby represents that It Is a corporation, duly organized and In good standing under the laws of Florida and that It has the corporate power and authority to carry on its business as contemplated by this Agreement. This Agreement constitutes a legal,-valid and binding.obligation of-MP, 2 CiTY hereby represents and warrants that it is a municipal corporation in good standing under the taws of Florida and that it has the power and authority to grant this license and conduct its business as contemplated by this Agreement, This Agreement constitutes a legal, valid and binding obligation of CITY, 1.04. EVENT STRUCTURE CITY acknowledges that MP Is a member of ATP and desires to assist in the successful and professional production of the Event in Delray Beach, Florida at the Tennis Center. CITY agrees- to use its best efforts to promote and assist in the organization and promotion of the Event in a first class, professional manner. Notwithstanding the foregoing, the Parties agree that MP shall ultimately be responsible fpr the management and operation of the Event. The Event shall comply with all applicable ATP standards. 1.06. EACILITIES PROWDED BY CITY. CITY represents and warrants that the Tennis Center complies with ail applicable laws and regulations, including without limitation the American with Disabilities Act t"ADA"), and agrees to provide the Tennis Center and surrounding parking under the terms and conditions of the license at no cost to MP, unless otherwise specified,. Including without limitation, the following: A. The Tennis Center and Stadium Court. The current stadium tennis hard court has permanent seating for approximately 6200 seats, and the CITY shall provide and Install seat covets for up to approximately 4,000 seats at MP's direction, and the parties acknowledge up to 4,000 seats may be unused during the Event. MP agrees that at some point In the future the maximum seating may be reduced to approximately 5000 and hereby consents to that reduction, if so determined by the CITY. MP acknowledges that it has toured. the Tennis Center and that no further changes presently are required to be made to the stadium or Tennis Center except as otherwise provided in this Agreement. CITY shall prepare and maintain the tennis courts, buildings and grounds of the Tennis Center seven (7) days prior to and during the Event, Including landscaping, in accordance with or the then existing ATP Standards, specification or rules as applicable. B. On the stadium court, a quality public address system (to include a multiple cd player, 2 cordless microphones and microphone stand), solid vinyl backdrops, seating for photographers, adequate color corrected lighting for a professional Event and television needs as they may exist from time to time, with a minimum of 100 candle power evenly distributed according to ATP- standard.measurements, a T.V tower and platform for a 5-cameral production and adequate electricity for television broadcast production. MP has Inspected the foregoing systems or equipment and 3 same are provided but maintenance by CITY is expected by the parties hereto. In addition, CITY shall at its expense design, construct and Install a ©rawl5ponsor Board substantially similar to and approximately three quarters (314) of the size of the picture-attached hereto as Exhibit"A" and placed at a mutually agreed upon location andjrpdated each year. C. Two show hard courts with public address systems for each court, solid vinyl backdrops, adequate seating for photographers and temporary seating for approximately 900 and 500 persons,respectively. D. Four (4) practice hard courts, in accordance with the then existing ATP standards, specifications or rules. All.tennis courts to have sufficient cold I water supply, electrical outlets,tables, chairs and sufficient gate access. 1 E. Two extra substitute nets, net posts, ten pairs of single sticks and six umpire chairs with umbrellas; plywood boards (court color): 0) for support of all umpire's chairs(B @ 4'x 4'), and (11)lines person's chairs (60 @ 2'x 2'); and twelve (12) solid vinyl dark green windscreens for qualifying courts; five(5) manual scoreboards for qualifying courts and show courts; in the stadium court, end court and side court signage attachments; and are and court barrier 5-feet high and a side court barrier 3-feet high. Side court barriers should be based on sight lines. F. Clearly numbered seating and sufficient dividers for box seats and sufficient room dividers for gymnasium. G. Installation and maintenance of approximately 75 international flags selected throughout the Tennis Center, including In the stadium court, food court and entrance to Tennis Center, if same is permitted by City ordinance. Ta the extent the placement and location of any flags requires a waiver from the City ordinance, the CITY will annually seek such a waiver as may be allowed by City ordinance. H. Sufficient short term parking for ticket purchasers and drop-off/pick-up of public, traffic control immediately adjacent to ticket office at the Tennis Center. Sufficient parking for VIP box holders, media, players, sponsors, ticket holders, public and volunteers. The City will administer the parking and pay costs associated with such parking as well as transporting persons to and from remote parking lots to the Tennis Center and Viii use its best efforts to obtain adequate parking for the Event. MP shall administer valet parking and incur all costs involved. The area(s) to be used for valet parking shall be approved by the CITY. o I. Electrical power,water supply and space suffclerd-far the Event Including,_ but not limited to, two (2) television trucks and space for related personnel 4 tent (20' x 20'), area lighting and parking for television trucks, teats, hospitality and concessions, J. The construction of two (2) program sales stands (the "Stand") (to be designed by MP and approval by the CITY) and sufficient space for tents, food, and beverage concessions, merchandise sales and other vendors, based on specifications or layout submitted by MP unless objected to by the CITY. If the CITY objects to any layout.or the design of the Stand,the parties shall mutually agree upon the location for or the design of same as the case may be. If the CITY fails to abject to any layout or the design of the Stand as submitted by MP within five(5)days of the date any layout or the design of the Stand Is received at the CITY, then any such layout or design of the Stand shall be deemed approved by the CITY. K, Restroom facilities for the general public and VIPs. CITY shall supply adequate supplies for the restroom facilities, including without limitation paper, soap and cleaning supplies. MP shall utilize said supplies and maintain the restroom facilities during the Event, L. Use of the Tennis Center's professionally maintained courts for practice, clinics, a pro-am Event, junior event and sponsors during the Event. Reasonable additional use by MP's staff during the year will be allowed upon CITY's approval. M. Use of the air conditioned Community Center described hereinafter adjacent to the Tennis Center at. least five (5) days before the Event through two (2) days after the Event by members of the press, radio and television representatives, umpires, ball persons, volunteers, players, MP staff and/or as a hospitality area for sponsors and VIP's. The specific areas available for use in the Community Center are cross hatched on the diagram attached as Composite Exhibit"B". N. Use of locker rooms and players lounge providing adequate hot showers, relaxation areas, masseuse and training room with lockable top cabinets and hand sink for the players before and after matches, said facilities to Include sufficient lighting and air conditioning. In addition, an area In the gymnasium facility will be designated for volunteers, officials and ball persons. O. Necessary signage within the CITY to direct the general public to the Tennis Center. This shall include directional pone signage for traffic with name and logo of the title sponsor included. Also, CiTY shall provide on-site directional signage for parking, reatrooms, hospitality, tents and other amenitiQ.s, The CITY agrees to assist. In. seeking- Florida Transportation Department permission for temporary signage on 1-95 to direct persons to the Event and the CITY will use its best efforts to obtain s Palm Beach County's cooperation and assistance with respect to 1-95 slgnage for the Event and signage on County roads to direct persons to the Event. P. A ticket sales office at the main entrance to the facility. Q. Year round exclusive access, use and occupancy by MP of the existing air-conditioned event officefticket building (the "Office"), pre-wired for telephones, Internet,fax and electricity, so long as the Event is held at the Tennis Center and MP has the ATP sanction for the Event. The Office is Identified In Exhibit "C" attached hereto and Incorporated by reference. CITY shall install and maintain painted sign of the name of the Event upon reasonable notice from MP designating the office on the outside of the office as mutually agreed upon by the parties. The CITY shall have the right to tem'porarlly`use the east portion of the Office consisting of the ticket area and the east room immediately adjacent to the ticket area for other tennis events described In Section 1.02 or for other non tennis events herein upon prior thirty (30)days written notice to MP. In the event the CITY seeks use of the Office (except as provided In the foregoing sentence),the CITY shall provide written notice to MP to vacate the Office provided, however, the vacancy shall not occur until ninety(90)days after written notice from the City to MP and there.shall not be any such notice later than one hundred twenty (120) days before any Event. From the date of any CITY required vacancy by MP, the City shall pre-pay on an annual basis to MP for the remainder of the Agreement so long as the Event is held at the Tennis Center the fair market value of 1,600 square That of Class B office space located within Delray Beach, plus real estate taxes and common area maintenance associated with any such lease as follows: (1) as mutually agreed upon between the parties, or (ii) by the CITY selecting an appraiser, MP selecting an appraiser, and each of those appraisers selecting a third person to determine the reasonable value of WD aforesaid costs of such space. CITY further agrees to pay MP on the date of the start of any MP vacancy as described above from the office a sum not to exceed$10,000.00 for printing, moving and advertising costs expected to result due to the change In location or address of MP. R. CITY shall provide suitable flooring for exhibition booths on each side of the entrance of the Event with a distance of approximately 160 linear feet and with a width of approximately 10 feet. S. Provide reasonable access to golf tee times and a reasonable number of carts at the Delray Beach Golf Club for professional tennis players and sponsors selected by MP throughout the term of this Agreement with such persons a$ may be approved by golf course- manager, and during the Event,three (3)utility golf carts for use by MP during the Event. 6 T. During the Event, personnel to recruit and manage the bail person Program in association with MP, one (1) liaison person designated by the CITY to assist In and implement the CITY's administrative duties during the Event. CITY to pay MP within thirty(30)days of the submission of any Invoice to the CITY of MP's actual cost, but not to exceed $9,785.00 and increasing 4.3% annually thereafter, for MP's operations personnel during the Event, to be hired and supervised by MP in Its sole discretlon. D. One licensed electrician and one licensed plumber available for temporary wiring; electrical outlets; 220v in retail and vending areas; installation and provision of hot water heaters,sinks and holding tanks for water disposal at hospitality areas, exhibition booth areas, vendor compound and for concessionaires as needed per MP's request, if required by law, rule or regulation and at CRY's cost, and thereafter as needed during the Event and following the Event for necessary tear down of temporary electric and plumbing installations. The electrician shall be available on site during the Event. V. Teaching tennis professionals to assist with the organization of clinics, Kid's Day and the Pro Am. W. All necessary CiTY permits. X. Approximately fifty (50) 1!"B telephone lines where needed by MP, with dial-tone and ready for plug in use one (1) week before the Event and a sufficient number of pay phones for general public use during the Event. Y. Mooring for tents, appropriate for a first class reception/food court area, covering two unused tennis courts at the Tennis Center. Z. Two (2) industrial vacuums, six (6) fire extinguishers or more as required by any code or the fire marshals and a storage area consisting of approArriately Boo square feet located at the Tennis Center. AA. in the event the Tennis Center is not in compliance with the ADA, the CITY shall be responsible for bringing the Tennis Center into compliance with the ADA at no expense to MP. BB. CITY shall collect and dispose of all refuse and garbage including, without limitation, water and grease In holding tanks on a dally basis or as needed,If required by any applicable laws,ordinances and health codes. CC. The CITY covenants and warrants that the Tennis Center shall remain and be maintained in as good a condition as the Tennis Center is as of the date of this Agreement, normal wear and tear excepted. 9.08. CITY MARKETING S[PPPORT A. CITY will at no cost to MP assist In the promotion of the Event by using its available marketing resources which may Include advertising, newsletters to tennis center members, brochures, and other printed materials, such as authorized by MP. The CITY 1s not required to create new advertising programs. B. MP shall provide a revocable license to CITY for the use of the Event name and logo, including photographs for the purpose of promoting Its association with the Event, but shall have no ownership Interest In any intellectual property rights which may arise from the Event, including without limitation the Event name and logo. All advertising and promotional materials pertaining to the Event must be preapproved in writing by MP for purposes of quality control, which shall not be unreasonably withheld. The CITY may not use photographs, biographies, or any Event materials in any way which could be interpreted as an endorsement of the Tennis Center or CITY by a player, without such player's prior written consent or MP's consent as the case may be. C. CITY shall be the Co-Title Sponsor, as provided by Exhibit "D", and shall have the right and responsibility to be the designated originator of three Emerald and three Diamond City Sponsorships as provided In the Composite Exhibit "E". The CITY may request changes to items listed in Exhibit "E" provided that MP consents to the change, which consent shall not be unreasonably withheld, and the proposed change represents a similar dollar value. The Emerald Sponsorship has an original value of $75,000.00 and the Diamond Sponsorship has an original value of $175,000.00. These values may be changed In the future by the CITY in Its sole discrection. MP shall not give, transfer or sale any sponsorships to any other Co-Title Sponsor during the term of this Agreement. If for any reason the Event Is not televised, MP shall pay CITY $30,000.00 (which will increase by the same percentage each year as the CIT)rs payment to MP as set forth. in Paragraph 3.01(A)) as a Lefund toward lost advertising. Notwithstanding the foregoing, MP shall not be obligated to pay the CITY the $30,000.00, including any applicable increase, sum where any such failure or Inability to televise the Event was caused by casualties, acts of God, material shortages, war, weather, utilities blackout, water shortages, governmental regulation, strikes or labor disputes, or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits, if arty. 1,07. CITY'S RESPONSIB&ITY TO CONTROL PREMISES. CITY shall be responsible for the security and crowd control at the Tennis Center and at all times reserves the right to eject or cause to be ejected from the premises any a u person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws. ARTICLE 2 P's RI his Resnansiblilties and Obligations 2. 01 O GANIZA TION MP shall retain full control over the Event including, without limitation, the presentation, structure, quality and all other elements of the Event other than those items specifically reserved to CITY In this Agreement, MP Is responsible for the following elements which shall be Included as expenses of the Event: A. Turn-key management of the Event; B. Securing the professlonal players to play in the Event; C. Developing and implementing We Marketing Plan, including but not limited to the following (1) print and electronic advertising; (ii) promotional materials; (iii) direct mail; (Iv) telemarketing; (v) merchandising; and (vl) licensing; D. Contracting with the umpires and lines people; E. Scheduling of matches; F. Soliciting sponsors both on an-area and local basis which may Include national and reglonal sponsors; G. Development of the Hospitality Program; H. Ticket sales; I. Development of a Volunteer Program; J. MP shall spend at least$150,000.00 annually for player appearance fees and such fees shall increase by the same percentage as the CITY's payment to MP as set forth In Section 3.01(A). In the event that MP fails to pay a fee of$160,000.00, or as it may be increased, which fee shall not Include any prize money awarded, for player appearance fees In a given year, MP shall, within 30 days, refund the amount that It did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable small endeavor to secure players the CITY and MP agree will be most beneficial for the Event; 9 i • I K. Television production and distribution; L. Public relations; M. License merchandise sales; N. Medical services; O. Box office; P. Tennis clinics and Pro Am schedule; Q. All other elements required to present a first class, professional Event and not ldentifled as a CITY responsibility; R. Professionally managed food concessions, catering and VIP entertaining, subject to Section 2.03 of this Agreement. 2.03. CONCESSION RIGHTS OF MP. MP or any person, firm or corporation with whom It contracts (together for purposes of this paragraph °Concessionaire") may sell food, beverages, alcoholia. beverages, confections, refreshments,products, items sold at retail and Event related novelties (together the Concession Items). With prior approval from the CITY, Concessionaire may provide temporary structures for the sale of Concession Items at the expense of the Concessionaire. In providing the concession service, Concessionaire shall comply with the following provisions provided, however, that MP shall remain ultimately responsible to CITY for all obligations required of the Concessionaire: A. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses, including any liquor licenses, that may be required In connectloh with the sale of Concession Items. Required CITY licenses and permits shall be granted at no cost to Concessionaire. B. All Concession Items sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. C. Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of CITY may cause undue lifter. D. Concessionaires shall have the option to sell beer and wine at the Tennis .Center and all alcoholic.beverages, If such permission Is obtained from.the, CITY. Sale of beer and wine must comply with all federal, state, county, and municipal laws, ordinances and regulations and must be properly 10 licensed by the State of Florida.All alcohol licenses shall be displayed In a conspicuous place at the Tennis Center. MP and/or Concessionaire shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. MP and/or Concessionaire shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. E. Concessionaire may, at Its expense, furnish additional equipment and fixtures to be utilized In the concession. Concessionaire shall submit plans and specifications conceming fixtures and equipment to CITY for approval prior to Installation of any items,which shall not be unreasonably withheld. Within five (5) days of delivery of any 'Concessionaire plans and specification to the City, the City will Inspect such.plans and specifications for City code. and regulatory compliance. If the CITY objects to any such plans and specifications, the parties shall mutually agree upon same. If the CITY fails to object to any such plans and specifications as submitted by Concessionaire within five (5) days of the date any such plans and specifications are received at the CITY, then any such plans and specifications shall be deemed approved by the CITY. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. F. The Concessionaire shall provide all maintenance, repair and service required on all equipment used in each concession. G. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in -a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever necessary to do so under the applicable legal standards.All janitorial services necessary In concession area shall be provided by Concessionaire at Concessionaire's expense. H. CITY agrees to supply at its expense a sufficient number of decorative ashtrays and refuse containers, with plastic waste bags, throughout the Event. MP shall provide personnel to maintain the Tennis Center during the Event and to empty said refuse containers as needed in the Tennis Center's central waste depository. 1. if the concession Is operated by a person, firm or corporation other than MP, such person, firm, or corporation shall at all times maintain workers' compensation insurance coverage for all employees-which- it employs- within the areas and facilities covered by this Agreement,together with the policy or policies of public liability and products liability insurance and i�. provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of- at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees as additional insured. J. All contracts with Concessionaires shall contain the requirements set forth In section 2.03. 2.04. REPAIR. REPLACE ENTAND A4AIIV NANCE. During the term of this Agreement, MP shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which Its employees and/or vendors are directly responsible,ordinary wear and use thereof only excepted, in ordsr to restore the Tennis Center to a condition equal to the'condltion at the time MP occupies the Tennis Center. MP shall be responsible for cleanup of the Tennis Center during and after the Event, except as otherwise provided herein. If at any time CITY determines that the clean-up services provided by MP are not adequate or that said services endanger public health and safety, CITY shall provide these services after providing MP with-forty-five (45) days written notice of any such failure by NIP and MP shall reimburse CITY for the costs of providing these services. 2.05 INSURANCE. MP shall provide CITY with proof of Insurance covering MP's activities, including its operation of the Event. MP agrees to carry full insurance coverage for the Event and all other activities connected with this Agreement and the types and at the minimum amounts listed below: Comprehensive General Liability including; Broad Form Contractual, Automotive, Personal Injury,Advertising Liability, Spectators Liability; Five Million ($5,000,000) Dollars combined single limit per occurrence, Employees Liability; Five Million ($5,000,000) Dollars per occurrence; Workers' Compensation Insurance coverage for all employees which it employs within the areas and facliities covered by this Agreement; Liquor Liability Insurance with limits of at least Five Million ($5,000,000.00) Dollars; Fire Legal Liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten.(10) days written notice to. the CITY's Risk MEInager. CITY, its officers, agents and employees shall be named as an additional insured on the policies. 12 ARTICLE 3 Payments and Other Financial Rinhts and Resgonslbllltles 3.01 PAYMENTS AND REVENUE A. Payment:to MP by the CITY shall be as follows: 1. $875,000.00 to MP minus $180,250.00 (previously paid by the CITY) or $6$4,750.00 paid in four equal installments of $173,687.50 payable. November 1, 2005; December 1, 2005; January 1,2006 and February 1, 2006. 21 $35,000.00 to MP payable on March 1, 2006 and on the first day of each month thereafter up to and including September 1, 2006. $134,750.00 to MP payable on October 1, 2006 and on the first day of each month thereafter up to and including February 1, 2007. Thereafter, the monthly base payment amounts provided above shall be Increased by the percentages listed below for the applicable year of the Agreement. 3. Beginning on March 1, 2006 and continuing for 10 years the base fee shall Increase by 5%each year. 4, Beginning on. March 1, 2016 and continuing for 4 years the base fee shall Increase by 4.5%. 5, Beginning on March 1, 2020 and continuing for 3 years the base fee shall increase by 41A. 6. Beginning on March 1, 2023 and continuing for 4 years the base fee shall increase by 3,5%. 7. Beginning on March 1, 2027 and continuing for 3 years the base fee shall increase by 3%. B. The CITY shall retain all proceeds from Palm Beach County regarding this Event, however,excluding any proceeds from the Convention Business Bureau and excluding any funds that area result of an application made directly by MP to Palm Beach County. The CITY shall also retain any revenue received from parking, excluding valet service offered by MP. C. Naming Rights - The CITY may sell the Naming Rights to the Tennis Stadium, Center or any other part of the facility, without the permission of MP.and shall retain all proceads from such sale. 13 D. CITY Sponsorships - The CITY may sell 3 Diamond and 3 Emerald sponsorships pursuant to Exhibit"E."The CITY shall retain all proceeds. 3.02. TAXES, MP shall be liable for any and all taxes which are or may be imposed on MP and CITY, as a result of this Agreement Taxes shall be paid to the appropriate authority and . Including but are not limited to sales and use tax.The City will cooperate and assist MP in any revisions to this Agreement which may reduce or eliminate such taxes. 3.03. OTHER SERVICES AND SUPPLIES. MP further agrees that all services and supplies which it requires to operate the Event and which are not specifically Identified herein as CITY responsibilities shall be provided by or through MP at its sole cost and expense.. 3.04. POLICE AND EM RQE CY BE8.42WNEL CITY agrees to provide, at is sole expense, 24 hour police andfor security and emergency personnel for the Tennis Center beginning the preceding Monday before the Event and ending one (1) day after the Event ends. MP agrees to work with the CITY Police Department to provide for additional CITY police personnel which the CITY determines, in its sole discretion and at its sole cost, may be necessary for security at the Tennis Center during the Event. MP shall, at least thirty(30)days prior to the Event, consult with the Chief of Police or his designee to determine the proper scheduling of security for the Event. Also, MP shall contact the CITY Fire Department to make arrangements for emergency medical technician personnel to be present at the Event as reasonably necessary to be provided by CITY at its sole expense. The number of personnel to be supplied by the CITY shall be determined by the CITY. 3.05. TICKETS FOR ADMISSION. MP shall not oversell the Event. All tickets for admission shall contain language approved by CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, MP shall provide CITY with the established selling price of each type and kind of ticket for CITY's review and approval. Said approval shall not be unreasonably withheld:The CITY shall have three (3)business days to review, approve or reject the form of the tickets. In the event the CITY does not object In writing within three (3) business days from the date the tickets were submitted to the CITY. for approval, then the tickets shall be deemed to be approved by the CITY in terms of form. In the event of any cancellation of any Event, MP agrees to reimburse ticket holder who duly present tickets to MP for reimbursement, reimbursement for the face amount of any such ticket. ARTICLE 4 Termination and Default 14 4.01. TERMINATION A. Termination of this Agreement for any reason provided herein shall not relieve either party from its obligation to perform under the terms and conditions of this Agreement. B. In addition, CITY shall have the right to terminate this Agreement upon default by the other party, as defined pursuant to Paragraph 4.02. 4.02, DEFAULT BY MP.. A. The following shall constitute default by MP: (I) failure to perform any of the non-financial terms and-conditions of this Agreement, when such failure in performance is not remedied by MP within thirty (30) days after receiving notice In writing of such default or In cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice In writing stating the nature of the failure of performance and the CITY'S Intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth In the notice from the CITY; (11) failure to gold an Event, unless such failure is waived by the City or except for any force ma)eure, shall result in an automatic termination and notice shall not be provided; (111) failure of MP to own the ATP sanction or falls to have the right to hold the Event when failure is not a result of any voluntary act or Inaction by MP; (Iv) bond limitation is exceeded pursuant to paragraph 6.11. Upon the occurrence of these events the City may declare that this agreement be terminated and in such event MP shall In addition to the requirements set forth in this Agreement, and any other remedy the CITY may have at law or equity, shall refund all monies paid by the CITY for the period after the Event last held and up to the date of the anticipated Event. As a further remedy that the CITY shall have in the Case of a default, under Items (1), (11) or (111), by MP and where the Event Is moved from the CITY within a 2 year period of such default, the CITY shall be entitled to a fee of five million dollars if the default occurs during the first five years of the Agreement; the CITY shall be entitled to four million dollars If the default occurs during years six through ten; the CITY shall be entitled to three million dollars if the default occurs during years eleven through fifteen; the CITY shall be entitled to two million dollars If the default occurs during years sixteen through twenty; and the CITY shall be entitled to one million dollars if the default occurs after year twenty. These amounts are in addition to the refund of the funds that the CITY would receive based upon its payments to MP from the.date of the last Event up to the date of default. 15 B. Notwithstanding anything to the contrary contained herein, this Section 4.02 shall not apply and MP shall not be In default of this Agreement where MP's failure or Inability to perform was caused by casualties, acts of God, material shortages, war, weather, water shortages, utilities blackout, governmental regulation, strikes or labor disputes or MP's Inability to secure necessary governmental permits after a reasonable effort by MP to so obtain sold permits. 4.43. D FAUL 6 Y C TY. The following shall constitute default by CITY: (t)_CITY'S failure to perform any of the nonfinancial terms and conditions of this Agreement and such failure in performance Is not remedied by CITY within thirty (30) days after receiving notice In writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty(30) days after receiving notice In writing stating the nature of the failure of performance and MP's intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth In the notice from MP, (11) failure by CITY to pay to MP any sums due under this Agreement within fifteen (15)days of required date for payment. Notwithstanding anything to the contrary contained herein,this Section 4.04 shall not apply where CITY'S failure to perform In a timely manner was caused by casualties, acts of God, material shortages, war, weather, water shortages, utilities blackout, governmental regulation, strikes or labor disputes, or CITY'S inability to secure necessary governmental permits after a reasonable effort by CITY to so obtain said permits. Waiver of any breach of a term or condition shall not constitute a waiver of any other terms or conditions unless in writing signed by the parties. 4.04 RELOCATION OR SALE OF THE EVENT This Event may not be moved from the City of Delray Beach, If the Event is transferred, sold or assigned to another entity, that transferee or assignee shall assume this obligation subject to the consent of the CITY that may be granted or withheld, in its sole and absolute discretion, Furthermore, MP shall grant to the City a second right of refusal, behind the ATP, to purchase the sanction for the Event from MP. 4.05 NOLLCLES. Any notices shall be effective when submitted or required by this Agreement placed in the U.S. Mail and sent by registered or certified mail and addressed to the parties as follows: To the CITY: David Harden, City Manager 16 City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 With a copy to: Susan A. Ruby, Esquire City Attomey City of Delray Beach 200 Northwest 1st Avenue Delray Beach, Florida 33444 To MN: Mr. Mark Baron Match Point, Inc. 30 N.W. 1"t Avenue Delray Beach, FL 33444 or to such other addresses as either party may designate In writing. ARTICLE 5 MiscollaI39ous Provisions, 5.01, NQN QISCRINIINAT10 A. That MP far Itself, Its personal representatives, successors in interest, assigns subcontractors, agents, and sublessees, as, a part of the consideration hereof, does hereby covenant and agree that: (I) no person on the ground of race, color, national origin, age, or sex shall be excluded from participation In, denied the benefits of, or be otherwise subjected to discrimination irl the use of said facilities; (11)that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of rats, color, national origin, age, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination; and that MP shall use the Tennis i Center In compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations,Article 80, Non-discrimination under programs receiving Federal.Assistance through the Department of Health, Education and Welfare —Effectuation of Title VI of the Civil Rights Act of 1984, and as said Regulations may be amended. B. That In the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the License and to take possession of the Tennis Center and hold the same as if the License had never been made or issued. This provision shad not be effective until the procedures of Title 45, Code of Federal RegulailpV% .p@d_80. are followed and Completed including. exercise or expiration of appeal rights. 17 C. MP shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, agencles or the retalnage by MP of subcontractors, agents, volunteers or concessionaires or any matter directly or Indirectly related to employment or agency because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion,national origin or ancestry. 5.02. CHANGE IN LAW During the Term, the CITY reserves the right to restate andlor re-negotiate with MP such additions, deletions or changes to the Ilcense as may be necessitated by changes In county, state or federal laws relating to the operation of the Tennis Center. In the event that the CITY and MP are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract conceming the services Involved In the addition, deletion or change shall be terminated or eliminated. 5 03. INDEMNIFICATION. MP agrees to Indemnify,save and hold CITY, its officers, agents and employees, harmless from any and all suits, claims, damages, liabilities, losses, causes of action, liens or Judgments of any Kind or nature whatsoever which may arise out of, in connection with, or because of the actions of MP or Its officers,agents and employees. Nothing contained herein is Intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes as amended from time to time. The provisions of this Section shall survive the execution, delivery and performance of this Agreement. 5.04. DESTRUCTIO OF EVENT SITE. In the event time Tennis Center, or major part thereof, shall be destroyed or substantially damaged by fire or any other cause, or If any other casualty or any unforeseen occurrence shall render the fulfillment of this Agreement by MP or the CITY impossible, then this Agreement may be canceled and voided unless the parties agree to reschedule the Event or temporary facilities are available for the Everett and both parties agree that the Event may be held in the temporary facilities. The City in its sole discretion may determine that it will not rebuild the Tennis Center. In the event of rescheduling.of the Event, all other terms and conditions of this Agreement shall remain In full force and effect unless because of such destruction the Event Is not held in any given year, the payments to be made by the CITY or MP shelf abate provided, however, if monies are received under this Agreement by the CITY or MP as specified in Section 3.01, then such monies shall be.di any part thereof at least to the condition of the property before any such destruction or substantial damage. 5 05 PEflSONAL PROPERTY. CITY assumes no responsibility whatsoever for any personal property located at the Tennis Center by MP, its agents, employees, representatives; independent contractors or invitee. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Tennis Center under this Agreement, unless such damage, loss or liability Is caused by CITY'S (Including employees and agents) negligence or misconduct. 5.08, INDEPENDENT QONTR4CTOR ST TUS. MP and its employees, volunteers and agents shall be and remain Independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 5.07. ASSIGNMENT A. MP shall not assign or transfer this Agreement nor otherwise convey any privilege granted. hereunder or subleaseAlcense any part of the Tennis Center unless the written consent of the CITY Is first obtained, except as otherwise provided herein, Such consent shall not be unreasonably withheld. Neither this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of the law or by any process or proceeding of any court. B. Assignment as referred to above shalt Include, but not be limited to, any and all sales, assignment,transfer, collateralization, or other disposition of a controlling interest in stock certificates, right, title and/or interest In and to MP to any person or entity other than Mark Baron and/or his immediate family. C. This section shall not be applicable to any transaction wherein: (1) MP remains the owner and managing entity of the Event, and (ii) the controllIng interest or majority Interest In any successor to or assignee of MP remains with Mark Baron and/or his immediate family. 508. EOVERNllffiLAWA D VE1VU . The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of 19 this Agreement shell be litigated In the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 5.09. 2SEVIERABIL Should any part,-term or provision of this Agreement be deemed by a court of competent jurisdiction to be Illegal or in conflict with any law of the state, the validity of the remaining portions or provisions shall not be affected thereby. 5.10. NO REPR ENTA IONS BY C/ Neither the CITY nor the CITY'S officers, agents and/or employees have made any representations or promises except as expressly set forth in this Agreement, 5.99, BOND LIMITATIONS. A. It Is recognized by MP that the Tennis Center has been financed with proceeds of tex exempt debt and may be re-financed from time to time In the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt Issued to finance the same. B. Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate, without any required notice by the CITY, If any payment required to be made under the provisions of this Agreement to the CITY would, together with any other private use payments made or required to be made by any other entity(les) or person(s) for the use of the tennis canter or (elated facilities, adversely affect the exclusion from gross Income for federal Income tax purposes on any Interest obligation (herein "negative tax consequences") of the CITY issued to finance or refinance the tennis center or any part thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, it Is the Intent of the parties hereto to - enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the CITY'S bond counsel, would not have negative tax consequences. 5.92 TiCKETMASTER AGREEMENT 20 The CITY has entered Into an agreement with Tlcketmaster Florida, Inc. in which Ticketmaster has the exclusive right to sell all tickets for any attraction made available to the public at the Delray Beach Tennis Center and this Agreement shall be subject to the terms and conditions of that agreement. 5.93. 1NTERPRETA TIaIV. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly'authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit; and sections headings are for convenience only and shall not be deemed to modify, explain, qualify or restrict any of the provisions of this Agreement. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 5.94 EFFECTIVE DATE OF A GREE'MENT, This Agreement shall only be effective if signed by the Mayor of the City and MP. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: CITY DEL Y 7H, FLORIDA . , �, 13y. City Clerk le a n, ayor Approved as to Farm: City Attorney WITNESSES: MATCH POINT, INC. Sy: Wn ark resldent t or Type Na e) -a S m in as (Print or Type Name) 21 STATE OF 1,0 COUNTY OF VaLnx ,p� The foregoing instrument was acknowledged before me this ,��day of VGAo`DL,Lr , 200_5 by Mark.S. Baron as President of MATCH POINT, INC., a Florida Corporation, on behalf of the corporation,. He is personalty Known to me etas It.inn d 919hature of Notary Public—State Florida, Joanna M.Waver j Comftslon#DD285035 Explres February 8,2008 22 f. i{37"iP w I Exhibit A i I + s• ~ ' �i to qTqTqxR ,�.. . J7 go w • . • _ LU r t. • .F 1 3 � t Ell 41 r4�1111tlt11l l!trlfr Ulf r�r�llrnt lilJllllltr111l11f1,i `~ ry u a , k� rj rt7lrrdrR�rrllflllllrr i�� � �1;' '_ '+rnr111,rtnl;,lr Inn, T't�l• �). r INIERNATIDNAL � SF�llES ~ Wray $hall, ' fain $dscl! Caunty The pmler fennh w"rience to aroward,Patm Beach and Me Treasure Coast January 28—February 3,2M at the Defray Beach Tennis Center&Stadium CITY OF DELRAY BEACH CO-TITLE SPONSORSHIP IDENIVICATiaN Narselbg :irc} Od iii the"Official Tournament Title". 'Prrsi*tI.Qfi'.."f#6phy or check to singles and doubles chain igri $Uolyrri t ouit signags(name and/or logo) -1.sign on each of the north and south backdrops,court level 1.slgn on each of the east and west sides 1 sign on each of the two ors-court scoreboards . `1 sign on the upper level Veranda Sionage on Canopy -2 1 nd shove court sigp age(name and/or top) r ;•,;":14 ':$,! ti oft<?o`t1 Guth L�ejckdrops,court level sk ICY ,y. ii��t� D•S v. ' .. ;l— ..Lt 4 •t�IV; _ :'.] a•-'.�' 1...•?f.:v�nJ'f:l'r- ,']�•f `n,' hir.i :'x ` '' ' .• _k [r U d 1�13'fave .� ;;���s:=rA.•S V�4= y',' Y;* ;':1� r''p��'sd• .c.�`"iki :�'� qq .�� a �,R -- n •,_ .. - r'�%�F:-; _• 4�`'���'�-'Sgt• :.;--° _ -�, is {. "-'„�>�:;,��•,�, , _ l sf s ex• li d ld b�ti 1 1 6l t;fi l e-; .,,:�.: lat7 d d W. ' o! h f , ;.•`.� r 'i 3�;11o{]ei:tn:ft , � f��i�!17 s i� ti� ,� • . �' o f -al;liblc t erit` n� fadii;n)CPurt :;_������,.•�.��-`, ;-��`_, ��`. y*`4 Z .;�.-� Sr-�.%cC._�� �i'�'I.L�~;-:'�"�^^-' .•r[x( yP;gv s. i'11eS,'t�l. ��.i i�;Y ,-> ty�'•.°�.� �fir,, � _. !^•. � =�—�.T'�y } 4'�.u• -.#t r- tY' � frip�r,��r�.1,r A] 1 f. d _ •`.. "y,,�� ) �+: � 'i' c+ .` *i�J�J 2�:WIC' �.'! .1! ! v•r :}:. ,•�I. i �•, � � .� ,_I j J •'. ! w� L �Y �!f ^f'i�•�ylfr�l mI•1 Jy 4� r 1' yiw-9 �'' 1j�':ti- ME PAL Bauk anver' rt ' ull-pagefdKfiierr � , film- age welcome'In the OF�cfel r,;f ' .} ' loOo Its glad In ali ti lrtt .fn7„��h I m terials prod Iced Y M a 1?P t�l liab 1 . es,print e , r r' . s �Whe� ]� Rost b ,s uld- sto' III onsot' ;:� ~;..'±•:,;L t tai �the cl l � I� i d kl� .ai I� box holders and series ticket holders 'Right to Incorporate sponsor's tournament affiliation In promotional activities PROMOTIONS "An exhibition booth to showcase sponsor's products and services,including exhibitor credentials "parking passes 2 public address announcements per session on stadium court V�Iys t D Page 2 of 2 City of Delray Beach Co-Title Sponsorship PROMOTIONS(continued) "Featured "Sponsor Session"devoted to the promotion of sponsor,including Signage at tournament entrance naming sponsor as"Session Sponsor' Right to distribute product at tournament entrance "Assistance In designing promotions and creating tournament related marketing programs "Sponsor may supply product to spectators,players,press and tournament VIP's,upon Match Point,Inc:s approval WEBSITE& 1911 NEWSLETTER "Recognition on Official Tournament Website(approx.500,OOt]visits during tournament week alone) Link to company's website from Official Toumament Website,www.lfellowTennisBall.com -.Featured Introduction'to fellow sponsors,ViPs,Box Holders,and chamber members via,,omcial Newsletter"to approximately 6,500 recipients TICKETS, CREDENT64LS&PASSES ""Stadium Veranda"seating on stadium court for 4 people per session "4 VIP credentials "2 valet parking passes per session -10 box seats per session "5 VIP parking passes per session "24 reserved seats(section A-O)on stadium court per session "12 premier parking passes per session 100 grandstand seals per session HOSPITALITY&ENTERTAINMENT -One 60-minute tennis ciinic for 12 people, including on-court beverages and towels Shower facilities Invitations for 10 people to join us for the"Players/Sponsor Charity Party" OFFICIAL TOURNAMENT MERCHANDISE 10 Official Tournament Polo Shirts 10 Officlal Tournament T-shirts 20 Official Tournament Programs rrr��. 1,flfi +s4�. a .rrrrrrr�rrrrrrr►�rrrrrrrR.+,I���3F!i�'� s,rrsrrr • 'S ' f 7 1HtE'A�1�5�►5 Delray Best}+ • Palm 84"1 County EMERALD "CITY" PARTNERSHIP 2006 - 2008 .-- �e 810 O� ... •. -"�''` '�-.,:,-' � a C�7 eM 7 r> } � N�?1 fitdS'irKt. a0.sfgna {nary g :.,, _ �...•. .�.1 �y."5.:; , „ Y 7�n. - _S'k'fF 'i-'Eaf=-a�:r�'`rsb':.c: -•i, 5,v�' +,�i.,r� }•. dium court t s i g Qn ate _.°'t'•l`1'r-::,..r3.r�-�_•._�Hw:`i,•1,'PIN 4)1 4 � jh6n the `'• t� Upp E - r''' ry - 1 e.'jti�5-'icy_ I�v_l. � 4' •'{•r'::f _ S (Hurt slgnage(narrreftgaj} f yty��ry{ ;iii''` vv: .�. 4 C• - ...\�- :p...-.f:.�.�r_. 7 Nr,Vii�'f�.�r i' ..i•.._r o .� _ `ss ,�_•.�`llgn on court `3rd I ow court's�gnage(nameltago'):: s�3ri r ,C1�tQ If,;, In -..fpr.=i` - •s 9' .ir •!- '�' FII �3�� ,�,�1;t:�ft�q:-��. '-;7vs�� '.S' r ,• � ;'a.-•'< fir, s,�•^`t�, ,,y i.f•�.- ya_ l ,�j: fl •r � i4`'�S�;f'[4;(�rkyf: �r�'' � rlS r5• .a•F:.i'���'-'•,€•�4�}'. r 3;-�'� �=l{+, 1 ^•.tip-y` ].i,f CC-�1.: _ .,. ;:`:• :'�=,: '3;. ,`. •,'_k'. ]= _ _ "'tJ�,a+ - ,'S� -•i�',y'At=;�"'! - r 4T _. w�• V� -tlUs "mac-- '• _�K:'• ,�s,':t�:,;j•-.• +Y. - ;�; ,a, c : td'r' E s tau '-• � _ } tiy'. L:i..1����•: Y�'•-':7%ii`L• '� F�•`�• �: —�-••--- ~1�- �''�.•t-x...,i ray'- {.,.�.. rl�y.-'_•.•••ti __ ` :sod'. �4x.tplder _ a �(ib xs'.-•� :,Y' --'_;.," { -:r , {r� /Ir. '�,r ',,� 1. .�:.:_:_r �'i'f:� �:t"��';f!zV�R�'=.'?kst 4`3�a•:•:... . }k�. ,.c`� w�,A R. "A 10'x 10'exhibition booth to showcase sponsor's products and services, including "2 exhibitor credentials per session 1 parking pass per session 1 public address announcement per session on stadium court "Assistance in designing promotions and creating tournament related marketing programs Sponsor may supply product to spectators, players, press, and tournament VIP's, upon Match Point, inc:s approval Ughibit $ Page 2 of 2 Emerald "City'Partnership TICKETS, CREDENTIALS&PASSES "2 boxes(4 seats each)per session 4 VIP credentials "4 VIP parking passes per session "6 reserved seats(sections A-O)on stadium court per session "3 premier parking passes per session WEBSITE&"E"NEWSLETTER Recognition on official Tourn ament Websife(approx 500,400 visits during tournament) "Link to company's website from Official Tournament Website, www.yellowTennisBtiii.com "Featured Introduction"to fellow sponsors,VIPs, Box Holders,and chamber members via"official Newsletter"to approximately 6,500 recipients seven (7)times annually HOSPITALITY&ENTERTAINMENT "Invitations for 4 people to join us for the Charity Players Party "Hospitality areas with catering are available for your entertainment needs OFFICIAL TOURNAMENT MERCHANDISE "4 official Tournament Polo Shirts "4 official Tournament T-shirts & official Toumament Programs The Emerald "City"Partnership is available Isar$75,000 r a y■.�.h1-R'.4��`•lk?���:�1.�1�+�.�,a,r-r a s■r►r r a•r a r�r r a.ar-r-r,r.a.� :t�Jr;4!Shcl: ;�t�Fwa a.•■,• T:(569)330.6000.30 Northwest 9st Avenue, Delray Beach, FL 33444•F. (569) 330.6001 r + iN74RAlf _ D-Imy 11-4-L ' QRiM $lRek C""ty DIAMOND 11DITY1' PARTNERSHIP 2006 - 2008 ooua:tignage-(nameflogo) Stall! stadlum court lgns:on level ,. 1 sign on the upper. ""2nd b 6W court signage(namellogo) 2 signs on court ". . urtslgna9 a (name/1090Y 3rd$YOV co *1a `��, ;�_,�.,._�; .,;sw:. •;� z,. ., r 'sl ?:, ! } R Q{� RJ 01 toju�mal �ly� t£ 1471.` _ �1 �._ { ) y�1-` � 01'1 +�L.j(r���y,@•If �g fY. f �' ,••t)'.71 �Y' ,xk :� IS•r n�ar:Ya+.f-II) +ry�h.' 4i%L!;, r�ir �t S''Ti�y;�►;Ir t :�;'e. '/L f f. '1 ry-' � � ti r�,::�:. �- L .r �y� �fi;'Yw't•sl :1,_I �Uy{y-,yI •f...,{ y•`C r. a�..�,M; � '[ `�.♦ � fj.y 11i� t M A :'.::.r� +rl.,.�ti.`.I.,_ ti 4!.�7`Sy''�•a.r�� `r:, ¢+�.a- _./ .;1 •:-: a �;:;A ". :� - a, ;h '•` =� �.�' �r,L - .r�. �. � _ J�'. �,Y�(�:,i}.: ..iy+:L'!�•°• h 'tom � - - _ - - ?' t }� .7 _Y<.e i-�..,�.Y r': '-'�.• '° -. -.r._,r,,a:`:to yn f_'r.. -��r`4�.F,.. +'. �i7-..� �� k5, p3z"x• v. •r: 'y'}•FY �� � ��; - It•:_ - - "S:`y+'� ',i[:.�.i.. - ,4,f'v."'" �y���'s.�1r�{�.. -, � ,r' � � r Jam! -till .40" We }jam.. ` { ��t-ID rrr 3. » •. =► ;;y`L t` x , � ;ok r furs ' try `ut' �l` al4 l# pn$ors lyuf> i3r � . AlelCt. + 8 di sI r iIC aiF �ft}y �ap _, ' •� ) laldr , d. 9Ilatlfl� in `mood► = Y` 1: a�. •,. t• 1,;' 1. !{ .F Wz \ _ �, <+.. °..�c.�- y,/ff. a•..r� 1y .,F"M1�'.� �7,,SS�Y p3{,"= .a,i�, r}� �,_{�'I�r'.#Y� l�f •'��¢ti • v��.+fl.Y:. .. �.. �`Y11� .i�K.._ S� �A 11Y x lot exhibition booth to showcase sponsor's products and services,including 2 exhibitor credentials Per session "1 parking pass per session 1 public address announcement per match on stadium court Assistance in designing Promotions and creating tournament related marketing programs ress,and tournament VIP's, upon Sponsor may supply Product to spectators, play ers, p Klatch point, Inc:s approval Page 2 of 2 Diamond"CW Partnership TICKETS, CREDENTIALS PASSES ssion "2 boxes(4 seats each)per 4 VIP credentials '2 VIP parking passes per session -8 reserved seats(sections A-0)on stadium court per session "4 premier parking passes per WEBSITE& ,,E,,NEWSLETTER -Recognition on offlclal Tournament Website(approx 500,000 visits during tournament) "Link to company's websiie from official Tournament WebsKe, www YeilowTennisBail.com VIPs,Box Holders, and chamber members "'Featured Introduction" to fellow sponsors, (7)times annually via"Official Newsletter"to approximately 6,500 recipients seven HOSPITALITY&ENTERTAINMENT "Invitations for 8 people to join us for the Charity Players Party Hospitality areas with catering are available for Your entertainment needs OFFICIAL TOURNAMENT MERCHANDISE 8 official Tournament Polo Shirts 8 Official Tournament T-shirts " 16 official Tournament Programs The Diamond "City"Partnership Is available for$975,000 � .�.■.dh l��3' !1+ 1.1�►� -■r� a •r■.■.•r •gas•■•'*.W4<� Y;Ir�ffi�l k•.b••••s T. 561) 330-6000.30 Northwest 1st Avenue, Delray Beach,FL 33444•F:(561) 330-6001 FY 2015 Purchasing Plan 10 17 14 Referring to FY 2013 or 2014 Venders over$ 25K worksheet 1. Review each vender NAME and insure that DEPT is correct. 2. After identifying all your venders, look at each and fill in the 5 right hand columns: 3. If you have a Commission approved contract currently in force: a. Authorized by is COMM. b. Date authorized is contract start date. c. Date authorization expires in contract end date. d. Pls include a copy of the Commission memorandum and the contract when you submit this completed material. 4. If there is a contract, but it is not Commission approved, a. Authorized by is City Manager (CM) or Department Head (DH). b. Date authorized is contract start date. c. Date authorization expires in contract end date. 5. if there is no contract, all three columns are NA. 6. Develop your Plan a. if you have a Commission approved contract that expires on or after Sep 30, 2015 you are OK for now. Monitor City-wide spending throughout the year; when you get close to the annual spending authorized in the contract, schedule a Commission item to increase your limit. b. If you have a Commission approved contract that expires before Sep 30, 2015, schedule a Commission item to authorize a new contract, which will require you to follow all purchasing code rules. c. If you have no contract, monitor City-wide spending throughout the year; when you get close to $ 25K, schedule a Commission item to increase your limit. Caveat The purpose of code section 36.03 (B) is to identify opportunities for bids that were not immediately apparent. We might have been acquiring small amounts of the same I similar products or services in several departments.and from multiple venders. When we look City - wide we see that we have sufficient volume for a formal procurement that could result in significant savings or increases in quality. Please be open to such opportunities. IL a 'AMENDMENT NO. 7.TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT INC. THIS AMENDMENT NO. 1 -to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this day of t _,200_9 W ITNES8ETH; WHEREAS, the'CITY and MP entered. Into an Agreement dated October 12, 2005 (the Agreement); WHEREAS;.the' Agreement currently allows for the Chris Evert Charity Event to be held in the,mon.tit oi`Dpomber, WHEREAS, the pg.ties wish to amend the Agreement to allow for the Event to take place in the months of November or December of each year. NOW,.THEREFORE, for good and valuable consideration, herein provided, the CITY and NIP agree as follows; 1. The recitatlons'set forth above are hereby incorporated as.if fully set forth herein. 2. Seotlon'1.02 Exciusiye.License to-MP Is hereby amended to provide that the Chris Evert-Charity Event shall not be prohibited by this Agreement so long as it Is held in the months of November or December of each year. 3. ' The original agreement dated Qctober 12, 2005 and this Amendment No. 1, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes• all prior verbal or written agreements between the parties with respect thereto. I y 4, This Amendment No. 1 -to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed-this Amendment No. 1 the day and:year first above written. ATTEST: ' CI RAY BEACH FLORIDA � r B � � BY: Q Ity Clerk., f�jt pig Rita Ills, Mayor , Appmve as to legal sufficiency d fo By: City Attorney WITNESSES: MATCH POINT, INC.. y BY= Print Name::_ : �. J1r+�u Mark Barn Print-Name: . = - STATE OF FLORIDA COUNTY OF PALM BEACH.- The foregoing Instrument was. acknowledged before. me this day of 200k by I�tr' — CE�l1 as JP ,e (name of officer or agent,title of officer or agent), of A t , Inc name of corporation acknowledging), a (state or place-of incorporation) corporation, on behalf of the corporation, 60he is personally known to me or has produced (type of identificatlon)as Identification. No ary Public State of Florida '& Susan Kimines . Commlaslon#DD38M Expire$fsbruwy T,2009 ionaeiArrw,. ,r.oaaaeeroir AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT INC. THIS AMENDMENT NO. 2 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this r day of 2005 WITNESSETHi WHEREAS, the CITY and MP entered Into an Agreement dated October 12, 2005 (the Agreement); and e WHEREAS, MP has offered to provide an "ATP Champions Tour" event at the Tennis Center as well as manage sponsorships that are sold;and WHEREAS, the "ATP Champions Tour" event shall run concurrently with the current ATP World Tour event held at the Tennis Center; and WHEREAS, the CITY Is the Co-Title Sponsor for the ATP World Tour event and shall now be a Ca Title Sponsor of the ATP Champions Tour event; and WHEREAS, MP shall administer(management and handling of sponsorship) all CITY sponsorships sold, which sponsorships Shall include both tour events and MP shall receive a 5%fee of each sponsorship sold; and WHEREAS, the parties wish to amend the Agreement to allow for the "ATP Champions Tour" event as well as the administration of the sponsorships and to clarify the payments due for both events. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: 1 r 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 1.01. GRANTAND TERM, is hereby amended to provide that an event currently called "ATP Champions Tour" event shall also be Included in the term "Event". The "ATP Champions Tour" shall be a three to five day event, plus additional days for a rain delay, and shall run concurrently with the ATP World Tour event. The start of the "ATP Champions Tour" event shall coincide with the start of the qualifying rounds of the ATP World Tour event. The initial term of the ATP Champions Tour event snail begin upon the execution of this Amendment and conclude on March 31, 2014. The ATP Champions Tour event shall be renewed for two five year and one six year period, (2015-2019, 2024-2024, 2025-2030), unless, either party, by April 1 of the year preceding the stars of a renewal period [April 1, 2014; April 1, 2019; April 1, 2024) provides notice to the other party of its intent to, not provide the event in MP's case, or of Its wish to not fund the event In the case of the CITY. This cancellation provision only applies to the actual holding and funding of the ATP Champions Tour event and not to any other provisions of this Amendment or the underlying agreement. 3. Section 1.06. CITY MARKETING_SUPPORT Is amended as follows: A. CITY will at no cost to MP assist in the promotion of the Event by using Its available marketing resources which may Include advertising, newsletters to tennis center members, brochures, and other printed materials, such as authorized by MP, The CITY is not required to create new advertising programs. B. MP shall provide a revocable license to CITY for the use of the Event name and logo, including photographs for the purpose of promoting its association with the Event, but shall have no ownership interest In any intellectual property rights which may arise from the Event, including without limitation the Event name and logo.All advertising and promotional materials pertaining to the Event must be preapproved in writing by MP for purposes of quality control, which shall not be unreasonably withheld. The CITY may 2 not use photographs, biographies, or any Event materials in any way which could be Interpreted as an endorsement of the Tennis Center or CITY by a player, without such player's prior written consent or MP's consent as the case may be. C. CITY shall be the Co-Title Sponsor for the ATP World Tour even#, as provided by Exhibit"13°, and shall have the right and responsibility to be the designated originator of three Emerald and three Diamond City Sponsorships as provided In the Composite Exhibit"E", The CITY may request changes to items listed in Exhibit "E" provided that MP consents to the change,which consent shall not be unreasonably withheld, and the proposed change represents a similar dollar value. MP shall not give, transfer or sale any sponsorships to any other Co Title Sponsor during the term of this Agreement. N for any reason the Event is not televised. MP shall pay CITY $30,000.00 (which will increase by the same percentage each year as the CITY's payment to MP as set forth in Paragraph 3.01(A)) as a refund toward lost advertising. Notwithstanding the 4 foregoing, MP shall not be obligated to pay the CITY the $30,000.00, Including any applicable increase, sum where any such failure or inability to televise the Event was caused by casualties, acts of God, material shortages, war, weather, utilities blackout, water shortages, governmental regulation, strikes or labor disputes,or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits,if any. D. CITY shall also be the Co-Title SpOnsor for the "ATP Champlons Tour" event as provided by Exhibit "F". The CITY may ues chanagg to items li ed in Exhibit "F" orovided that MP consents to the change, which consent shall not be unrea o abl wi hheld and he ro used chah a re rese is a similar dollar glue: If for n reason Ihe Eyent is not tele ised MP shall pay, CITY $100.000.o 0 whi h will Increase by the same percent a a each year as the CITY's I)ayment to MP a forth in Paragraph 3.01E as a refund toward lost advertis!n . Notwithstanding the foregoing, MP shall not be obit ated to pay the CITY the $100,000.00 sum Including-any Including-any applicable increase um where any such failure or inability-to t levise the Event was caused by casualties acts of God material shortages war weather, utilities lilaGut. water _shortages, governmental regulation, strikes or labor disputes, or MP's Ina illtv to secure necessary governmental Permits after a reasonable effort by MP to so obtain said rmils if an . If funds are reguired to be refunded to the Qy, they will be refunded within 60 days,of the conclusion of the event. If such funds are not returned to the CITY within the 60 day Period,the CITY shall have all legal remedies at law as well as the ability to withhold the amount due to the CITY from MR from fulu ments made.to MP related to the ATP World Tour event. 4. Section 2.01, ORGAIdi'ZATION, Subsection (J), is hereby amended as follows: 3 i J. MP for the ATP World Tour event shall spend at least$150,000.00 annually for i player appearance fees and such fees shall Increase by the same percentage as the CITY's payment to MP asset forth In Section 3.010). In the eventthat MP fails to pay a fee of$150,000.00, or as it may be increased, which fee shall not include any prize money awarded,for player appearance fees in a given year, MP shall, within 30 days, refund the amount that it did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable shall endeavor to secure players.the CITY and MP agree will be most beneficial for the Event. MP shall provid e proof of DayMent of theaRpearance fees to. the Cit within 45 days of the concloslon o the event', an MP for the ATP Cham io Taur shall s end of least 250 000.00 annuall for player appearance fees and such fees shall increase by the same De rcenta a as ihe CITY's a ent to MP as set forth in Section 3 01 in the event that MP falls to pay a fee of $2.50.000-00 or as it may be increased, which Lee shall not Include ny prig@ mono awarded for to er a" earance fees in a Ive ar. MP s all within 30 days, refund the amount tha it did not a ihe.CITY P sh II consult with the CITY regarding layers and appea rance fees grior tote sl nin of a I or by MP and to the exteni yeas ale shall endeavor to secure la ors the CITY and MP Area will be most beneficial for the E ent MP shall rovlde f of a ment of the appearance fees to the City within 45 da of the conclusion of the event, If funds are re ulred to be refunded to the Cit a will be refunded within 30.da s of the cone on of the event. If s Uch funds are not returned jolhe CITY wit bin the 30 da period.the CITY shall have all legal remedies at law a 11 as e a ilit to withhold the amount ue to the CITY from MP from future a ents made P related to he ATP World Tour event. 5. Section 2.01, ORGANIZATION, Subsection (S), is hereby added as follows, S. The standards of the ATP ,ham pions Tour shallapoly to this Agreement regarding the quality of the players and the format of the la . There will be a minimum of 8 players to participate In the ATP Cbarnplons Tour event and 6 of the 8 players must meet one of the follotnrina criteria: (1) must have been ranked no. 1 In the world 2 champion or finalist of a grand slam event. 3 must have been a participating mem er of a Davis Cu team that won the Davis Cu for a articular ear or must have achieved°mar uee"status." MPs all movide a list of the proDosed Waye rs to the CITY at least 2 months Drl to the event 6. Section 3,01, PAYMENTS AND REVENUE, is hereby amended as follows: 4 3.01 PAYMENTS AND REVENUE A. Payment to MP by the CITY far the ATP World 70, ur event shall be as follows: 1. $875,000.00 to MP minus $180,25D.00 (previously paid by the CITY) or $694,750.00 paid In four equal Installments of $173,687,50 payable November 1, 2005; December 1, 2005; January 1,2006 and February 1,2006. 2. $35,000.00 to MP payable on March 1, 2006 and o the first 2D46f September month thereafter up to and including $134,750.00 to MP payable on October 1, 2006 and on the first day of each month thereafter up to and including February 1, 2007• Thereafter, the monthly base payment amounts provided above shall be increased by the percentages listed below for the applicable year of the Agreement. 3. Beginning on March 1, 2008 and continuing for 10 years the base fee shall increase by 5%each year. 4. Beginning on March 1, 2016 and continuing for 4 years the base fee shall increase by 4.5%. 5. Beginning on March 1, 2020 and continuing for 3 years the base fee shall increase by 4%. 6. Beginning on March 1, 2023 and continuing for 4 years the base fee shall increase by 3.5%. 7. Beginning on March 1, 2027 and continuing for 3 years the base fee shall Increase by 3%. B. The CITY shall retain all proceeds from Palm Beach County regarding this Event, however, excluding any proceeds from the Convention Business Bureau and excluding any funds that are a result of an application made directly by MP to Palm Beach County. The CITY shall also retain any revenue received from parking, excluding valet service offered by MP. C, Naming Rights - The CITY may sell the Naming Rights to the Tennis Stadium, Center or any other part of the facility, without the permission of MP and shall retain all proceeds from such sale. D. CITY Sponsorships-The CITY may sell 3 Diamond and 3 Emerald sponsorships pursuant to Exhibit "E" Ue GIT MP shall receive a 5% administrative fee on alt s onsorshi s sold exc udin an funds r calved from the CRA for mans and handlin the s nsorshi s after the CITY receives full a me t for 5 t E such sponsorship. The duties that MP will be recuired to oerform In administerina the sponsorships are listed on Exhibit"G",attached hereto and incorporated herein, E. Payment to MP by the CITY for the ATP Champions Tour Event shall be as follows: J. $375,000,00 by October 1, 2010, (this amount shall increase by 3% each .year thereafter and shall be due on October 1 of each year) which is payment for the 2011 eve . 2, $93,750-00 by January 15. 2011, (this is '/ of $375,000.00 and shall be aid over vears. three other payments of$93,760,00 shall be made on January 16 for the 3 following years), which is payment for the 2010 event, i 7. Section 4.01. TERMINATION is amended by adding the following; C. The CITY may terminate Its funding of the ATE Champlons Tour event If It has not received at a minimum 750 0 00 from the sale of sp.Qnsorships, naming rlcjbts, comorate eL ralor other funding specifically given for the Event (excluding any ands received from the Delray Beach Community Redevelopment Agency or any State, or county funds given to the CiTY,, as determined by the CITY In-its sole discretion, by April 1 . 2011. Funds shall only be deemed received if the CITY has actuaRy received the money, a oromise or contractual adreement to deliver the funds at a future date is not funds received. The CITY may terminate its funding of the ATP Champions Tour event If It has not received at a minimum, $750,000.00—from-the sale of sponsorships, naminq_riahts, corporate, personal or other funding specifically given for this Event (excluding any funds received from the Delray Beach Community Redevelopment Agency or any Stpte or county unds glKenjo the CITY)during the time erlod from April 2 2011 to ARM 1 2013 as determined bV the CITY in its sole discretion, by April 1, 2013. Funds shall only be deemed received If the CITY has actually received the money, a promise or contractual agreement to deliver the funds at a future date Is not fns received. If the CITY decides to terminate its fundjnQ of the ATP-Champions Tour event, as described in this paragraph(C), must provide wri#tMpotice to MP by May 1. 2011 or Lfty 1 2013. If the C1jY terminates Its funding of the MP Champions our event after the 2011 event it shall be rewired to make a final payment of$281,250.0 0 (which represents the balance owing for the 2010 event).to MP by October,1. 2011. If the CITY terminates the_ATp Champions Tour evert after thq 2013 event it shall still be reaulled to make the final '/ payment for the 2010 event which Is$93,750,00, to MP b October 1.2013, 8, Section 4.02. DEFAULT BY MP, is hereby amended by amending Subsection (A) to provide that the language listed In Subsection (A) referring to funds 6 payable to the City if MP moves the Event shall not apply to the ATP Champions Tour event. 9. A new Section 4.06. RELOCATION OF THE ATP CHAMPIONS TOUR BY MP, Is hereby added as follows: If MP relocates the ATP Channoions Tour event to another locat on thin a 2 yea r period of the date of the last event, MIR shall refund to the CITY-a.0 funds paid to MP by the CITY for the ATP Champions Tour event, up to the date of relocation, minus any funds received by the CITY from the sale of sponsorships, naming ri hts corporate, personal or other fundina specificaft alven for the Event(excludinn any funds received from the Delray Beach Community Redevelo nt,Agency). f If funds are required to be refunded to th@ City, they will be refunded within 60 day§ of the date the event was moved If such funds are not returned to the CITY within the §0 day period, the CITY shall have all legal remedies at law as well as the ability to withhold the. amount due to the CITY from MP from future payments made to MP related-lo—the A _Wo11d Tour event. 10.. All terms and conditions contained in the Agreement, dated October 12, 2005, between the parties will apply to the "ATP Champion Tour" event unless olhetwise provided for in this Amendment. 11. The original agreement dated October 12, 2005, amendment no. 1 dated June 19, 2008 and this Amendment No. 2, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. 12. This Amendment No. 2 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 the day and year first above written. r ATTEST: C1 C ELR BEA 11DA By: By' Ne son S. McDuffle r City Clerk Approved as to toga[sufficiency and form: By: City Attorney ESSES: MATCH POINT,INC. By- Print Name: 5'usanki'rru}zAc Mark S_Baron Title: ar! a Print mme: ►. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before rte this �� day of as Pro&ILA (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a rid4- (state or place of incorporation) corporation, on behalf of the corporation. Hare is personally known to me aced a onype s i en c . N Public—State of Florida JDA" WEAVER �Con+m�an f)D7^00� S EXHIBIT urn i F EXHIBIT"G" l t int Exhibit G nsorship no ads"Each contract requires a special*IsPo p The document is used d to convey o the sponsor what Items the specifics of each stern In the p fuifiil the sponsorship.Deadlines and proper formats for each tournament will need in order to properly item are included.This document is sent to the sponsor within a few days of the agreement being signed. The tournament's sponsor relations iew of he agreement the sponsorship needs document will be partnership. After a complete s helps to alleviate any mistommunkatlon about discussed In detail with the sponsor.This poxes appilcable requirements on the part of the tournament and the sponsor.The following sections convey the tournaments administration of each sponsorship: -in-house staff contacts new sponsor for general company information.including,but not limited to: -Point of contact and contact Information -Flame and contact information of any relevant personnel -Company name as it should appear In print&on tournament website Web Address to link to www.yellowTennisgail.com Company logo(vector-based EpS format) -Company tag line -Corporate malling address -The above ascertained Information is utilized as follows: -ldentif ellon -Court signage - s corporate logo identification or sponsor may choose Tournament can use company' to create something unique.Artwork must be provided in a g ctwhlbcahs aTe not ormat: -Once logos are received,9a percent of the time they are)Pegs once (reproducible in scale while maintaining integrity)so clarity is generally an vector issue.Logos must be edited,sometimes even rebuilt,t will use sm into n.tt god Of art to ensure clear Images regardless of scale.some spo branding pending the signage location and dimensions so the process is then elongated. • e vecto d d / local each once logos ar very and installation of s gnute-on-urt signs re vendor for design,printing,dae -blue panels(to match comer customized large S'x 36"Lexcore custom Delray court's aquatic thence)that are shipped from Kentucky to the ueiray Beach sign maker. - multiple l ayout options for us to review and send to sponsor. sign maker presents. refer Some sponsors Prefer vertical layouts,t the sponsor's satisfaction,we all give the application.Upon of i,Ial"�K to print"to the vendor so that he can print the piece. •This process Is repeated for each and every piece of court signage that has the sponsors Identification on It,I.e.on-court signs,upper level stadium signs,court l and court 4 signs. •Sponsors boards -same as with on-court signage,must go through process of vectorizing 10905. Sometimes multiple logos pending the sponsor's desires,which lengthens the process. -Different than on-court signage which features Indlvldust logos on a single piece of substrate,sponsors boards include multiple logos and the design part of the Job Is more timely.For this process we have to work with a 3'+party graphic designer. -At the same time we accumuistethe required logos and go through the vectorizing process,we also work with the designer on the header,framework and theme for the sponsors boards.This overall look must be conducive to not just the two sponsors boards,but also the singles draw board,doubles draw board,Patrons board and box holders board so everything has g cohesive appearance. Once we receive the multiple logos that will be featured on the s ponsors boards,we work closely with the designer to ensure that the size,layout and pattern of the logos properly represents the level and value of the featured sponsors. -sefore the design of the sponsor boards is officially signed off on to print,the draft goes through a process of checks and balances amongst office staff to ensure accurate listing of sponsors has been assigned. -7he large files.are then sent from the designer to the local printer for production, delivery and Installation. -Box Holders Board -Similar to the sponsors boards,but featuring the name listing of the sponsor rather than the logo Identification.The official name of the company is confirmed to ensure that proper identification Is given,i.e.with or with"Inc.",full name compared to common obbrevlations,etc, -Aiso like the sponsors boards,the:detailed graphics rewire the workof the same 3'd party designer.once the tournament accumulates the hundreds of names for listing on the box holders board we then forwa rd the list to the designer for layout.It is Important that each and every name is accurate therefore.the list goes through the system of checks and balances to ensure all names are represented and correct. -Upon reviewing the draft of the sign,going through a 2°6 process of checks and balances rand signing off on the approved piece,the designer sends the large file to the local printer for production,delivery and Installation. official Tournament Program -similar to the Sponsors Boards In that the sponsors page In the program Includes multiple logos and names,For this purpose,we must again go through process of veetorizing logos as many an this page will not have been vectorlred yet as the sponsor didn't have signage for which we would've tended to the logo previously,or some of the sponsors may choose to use a different logo for this page as it's a hand-held publication rather than a visual representation on a sign. -For those sponsors who receive name recognition,not logo identification,the official name of the company Is confirmed to ensure that proper identification is given,i.e.with or with"lnc.°,full name compared to common abbrevlatlons,etc, Once we receive the multiple logos and names that will be featured on the sponsors page in the program,we work closely with the designer to ensure that the size,layout ' • i and pattern of the logos and names properly represents the level and value of the featured sponsors. -Before the design of the page is officially signed off on to print,the draft also goes through a process of checks and balances amongst office staff to ensure accurate listing of sponsors has been assigned. Box Seat Entrance -The official name of the company Is confirmed to ensure that proper identification is given,i.e.with or with"Inc.",full.name compared to common abbreviations,etc. •Once the full list of box holders Is accumulated:with their seating assignments,the detailed list is sent to the sign maker for design of the Individual signs. .Sign maker will produce drafts of each Individual sign,Including the name of the box holder with their seating assignment.We will then review each piece for accuracy before giving the OK to print,produce,deliver and Install. -Advertising -Official Tournament Program -Receive the sponsors advertisement from in-house staff and review ad for size accuracy and to make sure there are not any obvious technical Issues,Spedf!cations: -PDF,TIFF,QXD,PSD,Ffi,CDD,300 DPI!PG(PLEASE MOTE—We prefer to receive a 300 DPi PDF, if you can convert the fonts please do so. If not,have them embedded into the PDF document.) -All files need to be converted to graysca[e -With bleed Full-page 8.75 inches(wide)x 7.25 Inches(tall) 1/2 page,horizontal 8.75 Inches(wide)x3.75 Inches(tall) 1/2 page,vertical 4.50 Inches(wide)x 7.25 Inches(tail) -No bleed(there will be a.25 Inch border around ad) Full-page 8 inches(wide)x 6.5 inches(tall) 112 page,horizontal 8 inches(wide)x 3 Inches(tall) 112 page,vertical 3.75 Inches(wide)x 6.5 Inches(tall) -Trim size is 8%x7 -if obvious problems exist,we return the ad to the sponsor who can fix the problems or we can assess the cost from tournament's graphic artist -Advertisement Is then forwarded to program designer for thorough Inspection, including margins,line screen,resolution,etc.Once individual ad is approved,It is flied as"ready for print". -once all advertisements and editorial are compiled,the book is laid out with special attention paid to positioning of sponsor's advertisements.Consideration is given to the size of the sponsor,location relative to Intriguing editorial content,right side or left side page,cover or internal placement,depth,etc. -Draft of book is progra m is then created for review,checks and balances.Upon confirming all ads and editorial are placed,accurate and clear,the book is ready for printing,binding and delivery, -Name/logo inclusion In Promotional Materials -Pending level of sponsorship,sponsor's Identifying trademark Is inciuded in tournament's marketing and promotional materials,i.e.ticket brochures,posters,print ads,billboards,TV spots,etc.For this purpose,vectorized logos are crucial and that some process Is followed for any logos Incorporated Into the tournament's campaign. i -Placement of logos withi campaign is they nurture der o to hermize the branding effort of the sponsor and event -Before promotional and marketing materials are signed off on for production,they go through a system of checks and balances to make sure all required sponsor Identification is apparent and accurate, Right to lncorporate.Affillation -Tournament works with sponsor Indivi dually to tie-in their affiliation with the event in their advertising and branding efforts. Promotions •Exhibition Booth -Tournament will work with.sponsor on times for pre-tournament setup and post- tournament breakdown,schedule of tournament sessions and hours the exhibition with proper exhibition credentials.and parking passes.Any enh'ancements to booth are also tournament reviewed, ortunity.As a key -Tournament pays special attention to sponsor's exhibiting app interactive element to the sponsorship,care is taken when placing is i sponsor sor n the property In an effort to maximize their experience—is It a product, t a they retell,are they display,is it relative other exhibitors whereby they can aid each other's exhibiting and the fans'Interactive experience? -Operationally,the tournament tends to the electric,phone,lighting,structural and security needs relative to the exhibit booth. c.orrrect. is-also checks and balances,production process,etc Into play,I e. •Public Address Announcements -Tournament world individually with sponsor on the creation of their personalized 40- word.public address announcerent.Tournament provides well-received examples from other sponsors and Input regarding a rewarding announcement. •Assistance In Designing Promotions tournament -Tournaent works one on onewith sponsor to and their rti p affat'on with the event to maximize their gahn. This Includ sepre-event, during-event and post-event. -Supplying product -The tournament knows who Is on property,when they're on property,the demographic make-up of these people and when and how best to engage them. a with this knowledge the tournament works with each sponsor individually,If app creating an Interactive experience,even facilitating Introductions personally If beneficial. Tickets,Credentials&Passes of b0% -Tournament works with sponsor on any special requests gdpargWtng dleservedseat ng and seats,VIP credentials,sponsor credentials,VIP parking,premier special event Boor.Bee Explanation f the diverse seating,tickets and an explanation of the with the spons stadlurn and venue Is beneficial. -Web Site&E-Newsletter -Tournament's web site,yeilowTanniSBall,COm,is iconic in the Industry,Time end resources are continuously devoted to making It a viable yea r-round marketing tool for sponsors and partners. Reciprocal linking on sponsor pages,within news stories and In on-site features Includes obtaining sponsor's desired URL and hyper-linking to it wherever the sponsor is addressed on YeilowTennIsBall.rom -Tournament works with sponsors to create a provocative corporate Introduction to feature in the tournament's official E•newslatter(approximately 9,000 recipients). Tournament compiles the name,logo/picture and short release that links to the full story on yellowTennisBall.com. The e-newsletter database Is opt-in and continuously updated with new followers. -hospitality&Entertainment -Tournament takes the lead with selected staff at sponsor organization regarding invitations and RSVP's for toumament functions. .if the sponsor requires hospitality area with catering for entertainment,the tournament r and makes accommodations for the number of reviews the available schedule with sponso quests,catering/menu,dAcor,entertainment,etc. official Tournament Merchandise -making ITC that each sponsor recei all ves their specified merchandise the ndise voucherskn the sponsorship making package This process is repeated six times,once fm each of the six sponsorships that g the in atdvancepof the to sell.Additionally,Match Point,Inc.works with ClWs sales agency sale,during the sale and throughout fulfillment of the sale .�,,,�d xr•�•og f "7'cnnls angatrderS brand loyalty sacortd only to 1MCAR and has 04"base with a high average net worth-" --Sport Bustrjesa Inlernatienai ID F I -Namellogo included in the"Of icia!Tournament 11'W' presentation of trophy tD finalist -Stadium Court slgnage(namellogo) Identification on each of the north and south court level backdrops Featured signage p14cetne111 on north and south backdrops continuously in sightllue front camera positions as veil as having preuslum visibiNY by all sladiurn apeetalors 1 sign on each of the east and west sides Featured signage placement on east and weal sidewatts carstinuously ht sightline fr&m cantcra positions as well as h aving prenthtnt visibility by alt stadium speclators "1 sign on each of the two on-court scoreboards Featured signage placement on scoreboards In line with camera positions and highly visible for allpatroris ' 1 sign on the upper level Premium signage placement on the topper level is visible to ail north, south and east side patrons Signage on Stadium'Veranda VIP canopY Exclusive signage placement on the VIP Canopy is visible to al! south,east andwesl side patrons 2nd show court signagc(AswCAogo) identification on each of the north and south court ievel backdrops i sign on each of the two on-court scoreboards Rd show court 168090(nameliogo) Identification on each of the nosh and south court level backdrops via 'l sign on the on-court scoreboard "Recognition as the CO-TWO Sponsor on Sponsor's'Board at tournament entrance• Recognition as the Co-Titte Sponsor on Sponsor's Board prominently displayed on site* "Recognition as i#te Co-Title Sponsor in the Official Tournament Program -Recognition as a Sox Holder on Box I•loldffes.Board prominently displayed on-situ' Recognition as a Box Holder in the Ofticial Tournament Prpgram -Corporate Identification at the Box seat entrance in Stadium Court Sponsors do Box Holders hoards me prominently die mcd Q-t dos she Delray Beach Tennis Censer&Ssad&im ADVBR 't t; ATP Champions Tour ions Tour Event featured featured daring tnatianal and international Coverage of ATF War ATP Chem 1d Tour " Event highlights event APYER7'1ffIVGLCOnd►r uo "2 Public address announcements per session on Stadium Court Recognition in print and promotional materials produced by Match Point,Inc.(i.e.0,,E ticket u}brochures, Official Tournament Posters distributed regionally to 100+country clubs,newspaper "Right to incorporate`sponsor's tournament affiliation in promotional activities PROD OTL S '°Featured Sponsor Session"devoted to promotion of sponsor,including Signage at tournament entrance flaming sponso r as"Session Sponsor" Right to distribute product A tournament entrance services,including 2 exhibitor credentials and l A IO'x I V exhibition booth to showcase sponsor's products week o !7[iC parking pass per session.Sponsor to provide copy of dorobase obtained durkig Preferred ticket pricing for an employee appreciation outing andlor client entertainment(10 9'0 on Box Seats,20 %discount on Reserved Seats),ITC will create`custom email and landing page on YellewTennisBall.corn featuring promotion and ordering mechanism related `Asslstan de In designing promotons nd cteatn o po"marketing Point,inc.'s approval sponsor may supply product to spectators,P Y tournament • Y e S f• ffC&E S OQ D. NWTULS&p ES 4 seats in the Stadium Veranda per session 2 valet parking passes per session 10 box seats each per session '4 VIP credentials 5 VIP parking passes per session '24 Reserved seats(sections A-O)on stadium court per session 12 Premier parking passes per session 104 grandstand seats per session S TE&E-NE SLL 000 000+visits during tournament) 'Recognition on official Tournament Wabsite(13, , `Link to company's website from Official Toumamerit Website,wwwlYesa d patrons via ""Featured Introduction"to 9,004-Pius fellow sponsors,V1P's,box holders end patrons via Ye1lovlfennisBalLeorn E-nawsletter PL " TAccess throughout the tournament vacate to t a private f the matchesln an i Lounge,ooroutdoor oasis laverlooldn the even 'drink oaths day',snacks and live TV coverage "invitations for 10 people to join us for the SponsorslPlayers Party Hospitality areas with catering are available for your entertainment needs This City of Delray Beath Co-Title Spoworship or AeATP Chmvpions Series event is S 3 75,000 per)varfor 21 years; inereaSOW 3%ruinually. T(3Sl)YeliowremkBagcOm bFac ook M�pace ae rower D g ach X�6D01 AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT INC. THIS AMENDMENT NO. 3 to the Amended and Restated Agreement between the C11Y OF DELRAY BEACH (CITY) and MATCH POINT, INC. (NIP) is made this dayof ,2011. WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement dated October 12, 2005 (the Agreement)for the World Tour; and WHEREAS, the Agreement was amended on June 17, 2009 to provide for the "ATP Champions Tour'event al the Tennis.Center;and WHEREAS, the parties wish to amend the Agreement to provide for a change in the term regarding the ATP Champions Tour, clarification regarding televising and appearance fees of the event and a reduction in the annual payment to MP by the City for the event. NOW, THEREFORE, for good and valuable consideration, heroin provided, the CITY and MP agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein, 2. Section 1,01. GRANT AND TERM, is Hereby amended to provide that the start of the "ATP Champions Tour" event shall coincide with the start of the qualifying l rounds of the ATP World Tour event or on the preceding Friday. The initial term of the I ATP Champions Tour event shall begin upon the execution of this Amendment and conclude on March 31, 2030. 1 - 1 3_ Sectlon i.06. CITY MARKETING SUPPORT is amended as follows: D. CITY small also be the Co-Title Sponsor for the "ATP Champions Tour" event, as P rovided by Exhibit "F The CITY may request changes 10 items fisted in Exhibit "F" -provided that MP consents to the change, which consent. shall not be unreasonably .withheld, and the proposed change represents a similar dollar value. If for any reason the Champions Tour Cevent Is not Droduced and #elevisod via a highlig ht aranram = (which,for the Champions Tour, mean a production of the finals and highlights aired naR' Dally via the Tennis Channel, or coMparable cable channel, a_minimum of_two times and Internationally via a worldwide satelli a feed , MP shall pay CITY $100,000.00 = (which wlll increase by the same percentage each year as the CITY'S payment to MP as set forth In Paragraph 3;01(E)) as a refund toward lost advertising. Notwithstanding the foregoing, MP shall not be obligated to pay the CITY the $100,000,00 sum, including any applicable increase, sum where any such failure or inability to televise the CDamoions Tour 6event via a hl hii-g t program was caused by casualties, acts of God, material shortages,war, weather, utilities blackout,water shortages, govenimentai regulation, strikes or labor disputes, or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits, if any. MP and_the CITY agree that MP shall not be reduired_to refund or pay the CITY any amounts regarding the 2010 and 2011 Champions Tour event as it relates to whether or not the ATP Champions Tour was televised If funds are required to be refunded to the City, they will be refunded within 60 days of the conclusion of the event. If such funds are not returned to the CITY within the 60 day period,the CITY shall have all legal remedies at law as well-as the ability to withhold the amount due to the CITY from MP from future payments made to MP related to the ATP World Tour event. 4. Section 2.01. ORGANIZATION, Subsection (J), is hereby amended as follows: J. MP, for the ATP World Tour event, shall spend at least$150,000.00 annually For player appearance fees and such fees shall increase by the same percentage as [Ile CITY's payment to MP as set forth in Section 3.01(A). In the event that MP fails Lo pay a fee of$100,000.00, or as It may be increased, which fee shall not include any prize money awarded, for player appearance fees In a given year, MP shall, within 30 days, refund the amount that It did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable shall endeavor to secure players the CITY and MP agree will be most { beneficial for the Event. MP shall provide proof of payment of the appearance fees to the City within 45 days of the conclusion of the event;and 2 MP, for the ATP Champions Tour, shall spend at least$250,000.00 annually for player appearance fees and such flees shall increase by the same percentage as the CITY's payment to MP as set forth in Section 3.01(E). In the event that MP fails to pay a fee of $250,000.00, or as It may be Increased, which fee shall not include any prize money awarded, for player appearance fees in a given year, MP shall, within 30 days, refund the amount that it did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable shall endeavor to secure players the CITY and MP agree will be most beneficial for the Event MP shall provide proof of payment of the appearance fees to the City within 45 days of the conclusion of the event;and If the total amount of a eamnce fees nald by P exceed the amounts ret uired above for both events. MP shall not be required to refund any amount to the CITY, The proyisi n shall appiy retroactively to the 2010 and 20j . Events. If funds are required to be refunded to the City, they will be refunded within 30 days of the conclusion of the event. If such funds are not relumed to the CITY within the 30 day period, (lie CITY shall have all legal remedies at law as well as the ability to withhold the amount due to the CITY from MP from future payments made to MP related to the A-TP World-Tour eEvent. Nj 5, Section 3.01. PAYMENTS AND REVENUE, is hereby amended as follows: 3.09 PAYMENTS AND REVENUE E. Payment to MP by the CITY for the ATP Champions Tour Event shall be as follows; 1, $37 ;900:00—t;y-06tobeF—l—, 2M ;350,000 by October 1 2011, (this amount shall increase by 3% each year thereafter and shall be due on October 1 of each year)which is payment for the 20#2012 event. 2, $93,750.00 by January 15, 2011, (lhls Is '/ of $375,000.00 and shill be paid over 4 years, three other payments of$93,750..00 shall be made on January 15 for the 3 following years), which Is payment for the 2010 event. 6. Section 4.01. TERMINATION is hereby amended by deleting Section 4.01(C). 3 7. Section 4.02. DEFAULT DY MP Is hereby amended to provide that this. Section shall apply to the ATP Champions Tour event and Is further amended as follows: 4.02. DEFAULT BY MP. A. The following shall constitute default by MR (i) faiure to perform any of the non-financlal terms and conditions of this Agreement,when such failure In performance Is not remedied by MP within thirty (30) days after receiving notice In writing of such default or In cases where remedial measures may fake longer then thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thinly(30) days after recelving notice In writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY; (ii) failure to hold an Event, unless such failure Is waivgd by the City or except for any force III ajeuro, shall result in an automatic termination-and notice shall not be provided; (iii) failure of MP to own the ATP sanction or feils;to:havo the right to hold the Event when failure is not a result of any voluntary act or Inaction by MP; (iv) bond [Imitation is exceeded pursuant to paragraph 5.11. Upon the occurrence of these events the City may declare that this agreement be terminated„and In such event MP shall In addition to the requirements set forth in this Agreement, and any other remedy the CITY may have at law or equity, shall refund ell rrianies paid y the CITY for the period after the Event last held and up to the date of the anticipated Event. As a further remedy that the CiTY, shall have In the case of a default, .under items (i), (ii) or (iii), by MP and where the Event ATP World Tour Is moved from the CITY-within a 2 year period of such default, the CITY Shall be entitled to a.fee of five million. dollars if the default accUrs during the first five years of the Agreement; the CITY shall be entitled to four million dollars if the default occurs during years six through ten; .'ihe'CITY shall be entitled to three million dollars If the default occurs during years eleven through fifteen; the CITY shall be entitled to two million dollars If the default occurs during years sixteen lt►roucdh twenty; and the CITY shall be entitled to one million dollars If the default occurs after year twenty. Also, as a further remedy t at the CITY shall have in the case of a default, under items (111 (11)or fill). by MP and where the ATP Champions Tour is moved from the CITY within a 2 year period of such default the CITY shall be entitled to a fee of one million dollars. These amounts are in addition to the.refund of the funds that the CITY would recelve based upon Its payments to MP from the dale of the last Event up to the date of default. B, If funds are required to be refunded or paid to the Cily, they will be refunded or, aid within 60 days of the date of the de fault w era it has. not been remedied and where satisfactory remedial action is not occurrin if such funds are not returned or aid to the.QU within the 60 dgy period. the CITY shall have all t .al remedies at law as well as the ability to will hold he amount due to the CU from MP from future E 4 .. a meats maci to Mp related io either the ATP World Tar event or the ATf' Cham ions Tour event. BG. Notthstanding anything to the contrary contained herein, this Section 4.02 shall wi not apply and MP shall not be In default of this Agreement where MF's failure or inability to perform was caused by casualties, acts of God, material shortages, war, weather, water shortages, utilities blackout, governmental regulat'�on, strikes or labor disputes or MP's inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits. Furthermore a dO jult as referenced in Section 4.02 A re ardin o even# shall no be a default of the entire Event for exa I if the Cham Ions Tour event Is in d f tilt lh[s will not can that the World Tour event is in default and vice-versa) 8. section 4.06. t3ELOCATION OF THE ATP CHAMPIONS TOUR BY MP. Is hereby deleted in its entirety. 9. The original agreement dated October 12, 2005, Amendment No. 1 dated i Juno 19, 2008 , Amendment No. 2' dated June 17, 2409 and this Amendment No. 3, constitute the entire agreement between the parties with respect to the subject +natter hereof and supercedes all prior verbal or written agreements between the Partles with respect thereto. 10. This Amendment No. 3 to the Agreement shall be effective upol7 the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 the day and year first above written. AT ES3; CIT �F EL,RAY BE C IT RI By - By. City Cleric Nelson S. McDuffie, 5 Approved as to legal sufficiency and form.: By: City Attorney 1TNESSES: MATCH POINT,INC.. By. nt Name: jjjn6LS Mark S. Her Title: f�,: a� p ' Name: - STATE OF FLORIDA COUNTY OF PALM BEACH A before me this day of The foregoing instrument was acknawledg e d 2011, by as h. (name of officer or agent, title of officer or agent), of (name of corporation acknowiedgin ), a (state or place of incorporation) corporation, on behalf of ll}e corporation. Hell is personally known to me ^w ( e�id s ificatirn�-as ldarit a ion. Notary t?u lic-State of FI a .I�y.;s (pn•if63irv��'ODJ551G ti.�•�----^R+ 6 AMENDMENT NO.4 TO THE AGREEMENT BETWEEN THE CITY OP DELRAY BEACH AND MATCH POINT INC. THIS AMENDMENT ND, 4 to the Amended and Restated Agreement between �the [TY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this day of W,ITNESSETH: WHEREAS, the CITY and MP entered: into an Agreement dated October 12, 2005 (the Agreement),and WHEREAS, MP provides an 'ATP Champions Tour" event'at.the Tennis Center, and WHEREAS, the parties wish to amend the Agreement to allow for a change in the required number of players for the"ATP Champions Tour"event. NOW, THEREFORE, for good and valuable corisideration, herein provided, the CITY and MP-agree as follows: 1. The recitations set forth above are Hereby incorporated as if fully set forth herein. 2, Section 2.41, ORGANIZATION, Subsection (S), is hereby amended as follows: S. The standards of the ATP Champions Tour shall.apply to this Agreement regarding the gtjarity of the players and the format of the,play. There will b a,minimum of 8 players to.particioate in the ATP Champions Tour event and 6 of.the 8 players must meet. one of the following criteria- (1) must Have been ranked no. I in the world, (2) champibn or finalist'of a grand slam.event, (3).must have been.a participating member of a Davis Cup team that won the Davis Cup for a. particular year, or (4) must have achieved "marquee"status.° MP shall provicI a Iist of the prgposed players to the CITY at !,east 2 months;prior to the event. However•, far the.2013 Chartinions Tour Event,A'11P shall be allowed.to orovid6 a minimum of 6 players, who shall ail be. reeurred to meet at least one of the criteria (f thru 4 Listed above, 3. Ail terms and conditions contained in the Agreement, dated October 12, 2005, between the parties, and any amendments thereto, will apply to the "ATP Champion Tour" event unless otherwise provided for in this Amendment. 4. The original agreement dated October V, 2005,. Amendment No. i dated June 19, 2008, Amendment No, 2 dated June 17, 2009, Amendment No. 3 dated May 10, 2011 and this Amendment No. 4, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto: b. This Amendment No. 4 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parfiies hereto have executed this Amendment No. 4 the day and year f rst above'written. ATTEST: CITY OF DELRAY BEiCH .1F 0 ODA B : 'Vn~ . By: y' City Clerk Nelson S. McDuffie, r Approved as to legal sufficiency and form. By: City Attorney WITNESSES, MATCH POINT, INC. 13y; pint Name: ' hark S. Bar Title: �r Joar+r�a 2, print N a me a r S, 8 STATE OF FLORIDA COUNT OF PALM BEACH The foregoing instrument was acknowledged before me this. day of �7c b 202, by at.-o r-) as s.c�� ('name of officer or agent, title of officer or agent),of a (name of corporation ackriawledging), a F ari d a (state or place of incorPOratio )` corporation, on behalf of the corporation. He1cus is personally known to me d oa ion as i en t nation. kNota Aublic- Mate lodda GATT tntE iNa ess 99551$ E 0rjjjj*22;2014. . ybhrhe„o.e� 19 pri 3. r AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINTj INC. THIS AMENDMENT NO. 5 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this V\, day of , 2011. WITNESS ET H: WHEREAS, the CITY and MP entered into an Agreement dated October 12, 2005 (the Agreement); and I WHEREAS, MP provides an "ATP Champions Tour"event at the Tennis Center; w and WHEREAS, the parties wish to amend the Agreement to allow for a change in the required number of players for the "ATP Champions Tour event as well as the qualifications of some of the players. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: j 1 1. The recitations set forth above are hereby incorporated as if fully set forth ' herein. i 2. Section 2.01. ORGANIZATION, Subsection (S), is hereby amended as � follows: S. The standards of the ATP Champions Tour shall apply to.this Agreement regarding the quality of the players and the format of the play. There will be a minimum of 8 players to participate in the ATP Champions Tour event and 0 of the 8 players must E meet one of the following criteria: (1) mast have been ranked no. 1 in the world, (2) champion or finalist of a grand slam event, (3) must have been a participating member of a Davis Cup team that won the Davis Cup for a particular year; or (4) must have achieved "marquee" status." MP shall provide a list of the proposed players to the CITY at least 2 months prior to the event. However, for the 2014 Champions Tour Event 1 throw h the 2018 Cham ions Tour Event MP shall be allowed 3rovide a minimum of 6 plavers and 4 of the la ers shall be required to meet at least one of he criteria �� 4 listed above. e east 3. All terms and conditions contained in the Agreement, dated October 12, 2005, between the parties, and any amendments thereto, will apply to the "ATP i Champion Tour"event unless otherwise provided for in this Amendment. 4. The original agreement dated October 12, 2005, Amendment No. 1 dated June 19, 2008, Amendment No. 2 dated June 17, 2009, Amendment No. 3 dated May 10, 2011, Amendment No. 4 dated October 22, 2012 and this Amendment No. 5, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 5. This Amendment No. 5 to the Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 the day and year first above.written. ATTEST: CITY OF Y By �� BEACH, FLORIDA By sM or City Clerk Glic ktein a Approved as to legal sufficiency and form: City Attorney 2 i WITNESSES: MATCH pQINT, INC. t By' � Mark S. Baro P int Name: wl r a Gil ,��r Title: Print Name: +' ! Jr1 STATE OF FLORIDA COUNTY OF PALM BEACH L The foregoing instrument was acknowledged before me this ` day of --fie r3�, )) 2013 by Fh`IL S t � i 7 (name of officer or agent, title of officer or agent), of as (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. Hel-S+w is personally known to me e e ofadenti ' s i en ica ion: J/ Notary Pablic—State o lorids WHERiNE iNCLESIE Commission#QA 995516 tpltes July 22,2014 ao4 VandrlllwligFinl6s�ulOWl� 3 DAK SECURITY AGENCY PAGE 13 CITY OF DELRAY QUOTE SIGNATURE FORM QUOTE No. 2036 EVENT SECURITV DELRAV BEACH OPEN DV THE VENETIAN LAI VNQAI PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL "The unde igned bidder certifies that.this bid Package is submitted in accordance with the specifieW ion in its entirety and with f 11 understanding of the conditions governing this bid. NAME OF Ij IDDER > Wa a as re'gistered vpith their State Of ong n � 1`l °,- BUSINESS iTREET ADDRESS Y P,Q Box addre55 not permiLled CITY,STA E,ZIF CODE MAILING DDRESS: M Cheek if same as Business address above. BUSINESS I AILING ADDRESS CITY STA E ZIP CODE AUTHORI D SIGNATURE(Written) 4 r PRINT NANIF TITLE (ofl rson Signing fonn) DATE l C TELI<PHONE NUMBER FAX NUMBER EMAN,ADDRESS C0I ay--j VENDOR S RVICE REIN FOR ORDER PLACEME T NAME J"1� J TEiXP1-LONE / CELL NUMBER FAX EM AILADDRESS Quote ZO Event Security Delray Beaei7 Open By The Venetian Las Vegas 20 a��a i Saab u l:16 3056348428 LA-K SECURITY AGEHC-',' PAGE 02 1'4`i�%W F WRIKILMAT EIC"M QUOTATION REQUEST BID N®a 2026- aftrApa l e®I#I mtv Purchasi g Division (S61) 243-7163 (Phone) 100 NW lilt Avenue (561) 2434166 (Fait) Delray a aach, FL 33444 QUOTES 5T BE RECEIVED ON OR BEFORE n-N X015 rlor ea :Dad ..NI. The quote lumber listed above must appear on all quotations and related correspondence. This is not an order. �is inquiry implies no obligation on our part. Changes or suggestions offering cost economies are solicit . QUOTATION#2026 The City ol Delray Beach is seeking quote requests from qualified firms for private security services for the Delray +each Open by the Venetian Las Vegas to be held at the City of Delray Beach Tennis Center. Security Se vices requested are as, per the attached schedule at the required posts beginning February 09, 2015 wu February 29, 2015 Bidders are required to complete the attached proposal entering hourly rat and total costs. Expectations or suggested changes to the schedule may be submitted and attached f r consideration. Copies of a I required supporting documentation as listed is required to be considered a complete bid. "The City f Delray Beach reserves the right to reject or accept any or all bids. You may si bmit your quotation via email or fax: -3S a�'asai}: ax Attention: (S61) 243-7166 Purchasing If you haw any questions, please do not hesitate to contact me at(561) 243-7163 Thank you la'Anal Oo de!!, Purchasing Assistant Quose 2?6 B,ent Securih,Delmy Beach Open 8%-The Venetian Las Vegas a I U5/09/2008 07:18 3056348428 DAK SECURITY AGENCY PAGE 63 DmAmKm DEMAND ASSISTANCE KQRP. Robert"IR."Middlebrook SECURrTY AGENCY, INC. President ' D.A.K. SECURW SCHOOL 24 Hour Production i' s January 27, 2015 Quote:2026 Attn: J'a Anal Dowell, Purchasing Asst. City of Delray Beach t Purchasing Division 100 NW 1 st Avenue i Delray Beach, FL 33444 FAX: (561) 243•-7166 Hi J'a Anal: Please find our bid to provide D.A.K. Security Agency, Inc.'s event security services to the Delray Beach Open and the City of Delray Beach, attached • s. 1, f f t Robert-P. Middlebrook, President D.A.K_ Security Agency, Inc. Demand Assistance Korp. 676 N.W. 34th Street, Miami, FLA 33127 D.A.K. Company Offices: 305.634.8426 j D.A.K. 24HR Emergency Line: 786.512.5353 D.A.K. Fax: 305.634.8428. Cell: (305) 710-0258 Email: dakdak @bellsouth.net Prepared by: Zulma Williams Vice President of Operations D.A.K. Security Agency, Inc. 24 Hour HOTLINE:305.834-84261 Fax*303.634.8428 MOVIEITV COMMERCIAL SECURITY- PATRON SERVICES-BOX OFFICE MANAGEMENT TICKET TAKERS•USHERS-PARKING PERSONNEL-BEVERAGE MANAGEMENT•TRADE SHOW SPECIAL EVENT SECURITY-FESTIVALS-SPORTS EVENTS PRODUCTION 676 N.W, 34th STREET-MIAMI,FLORIDA 33127 bbibyflbbd bf:18 3056346428 DAK SECURITY AGENCY PAGE 04 O e—! O o� � d m cry w r C1 Z 0 U G4 z �~ 4 � w F 'J A U Q x z O w z W � � � � O Z Lu z W W U Q z Q 4 U > ~ © V _ 4 :3 z o va � AF U Vo N C70 W W ,A NDO x `' Ut-/J j/�4aaUI n r: 1 b 3 056348428 DAK SECURIT`,' AGENCY PAGE 05 DAKSE-1 OP ID.MD CERTIFICATE OF LIABILITY INSURANCE °A (MNIDWYYYYI Fo",',/27/20115 THIS CER71FIC 'TE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DES NDT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS PERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTA VE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: I the cerbfirata holder is an ADDITIONAL INSURED,the poriey(ias) must be andoreed. If SUBROGATION IS WAIVED,Subject to than terms and c ndMons of the policy,certain policies may require an ondomement A stBtament on this certificate does not confer rights to the cortiflcate hold r in lieu of!such endomaman s_ PRODUCER C MTAC N ,E Sarah J.Washburn Wilson,Washburn and Forster RON13 305-666-6636 16505 N.W.13th A enue qP.y,,l Arc No: 306-662-7778 Miami,FL 33169-019 I=aIAIL Sarah J.Washbu Aobaees,certificatas@v4wRns.com INSURE S AFFORPINO COVERAOB NAIC# IN9uRBRA:Everest lndemnl Insurance Co INSURED DAK ecurrty Agency, Inc. wat1RER 0:Everest National Insurance Co 876 34th Street Mia ,FL 33327 INsuRea c:Commerce and Industry Ins.Co. 19410 INsvtiER D:MassachusetM Bay Insurance Co 22306 wsuRERE:Travelers Casual 8 Sure INSURER F COVERAGES I CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CIERT FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO YHE IN5URED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO J�TH45TANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPFCT TO WHICH THIS CERTIFICATE MArr BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANdj CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR INSURANCE 1 Pp TYPE POl1CY NUY9E rKT D I.lyrT3 WVD A )( cOMMpR 1,0ENERAL UAGILITY EACH OCCURRENCE S 1,000,00 CWADL [1]OCGUk 51GL005131-141 1012012014 10/3012015 PREUISES Eaamnrwi s 50100 MEO LXP(Any one perwn) r 3,00 12ERSON1AL 6 ADV INJURY s_ 11000100 i GEN'L AaGREGA E LIMIT APPLIES PER: GENERAL AGGREGATE b 2,000,00 FIPoLSCY SR&- ❑Loc PRODUCTS,COMPiOPAGO s 11000100 OTI4124: : AUTOMOBILE LfA LrrY - MBINFO SINGLE LIMIT f 11000,000 D Ix ANY AUTO AnJ 9707264 02 10x1312014 '1011312015 600ILY INJVav 1FCr Kr@on) s ALL OWNED NED X AUTOS BODILY BODILY[NJLJRY(Per amgent) b HIREDALrfO X NON-OWNED AUTOS P ccltlent S S X UMBREL: B OCCUR EACH OCCURRENCE S 9,000,00 �+ EXCESS LLL CLJMSWADE 6EDSa1gg3a5 10l201201a 18!2012015 AGGREGATE S 8,000,00 DED i I 6ewnoNs S IIrOWCER3 cow SATrON PER OTK- AND EMPLOYERS' 91Lrr f TAT M F B ANYPRDPRiETo ARTNERlEXECInTA- �� 5300001732-141 10/2012014 1012012016 E.L.C4CHAOCIDENT $ 100,0D OFnCE"ENeRR O11UOED? MIA [Er,nda[ary In una F.4 DISEASE-EA EMPLOYEE S 100,00 If yes dcaalpS ulld DE R IPTIO N OF PERATiONE below E-L-DISEASE-POLICY LIMIT I S 500,00 E Empicyan The., 106137474 07/2112014 0712412015 Limit 10,00 Dad 1100 I� DESCRIPTION OF OPER11norix I LOGATIONT,1 VEHICLE6 IACORD 101,AddMOM41 RemaW Schedule,may be aWOhed trn Spa.&ks ngUlrodl CERTIFICATE H&DER CANCELLATION SHOULD ANY of THE ABOVE DESCRIBED POLIGIE3 BE CANCELLED BEFORE Delra ge8ch Open b the THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. Vene 'an Las Vegas 100 1 nt Avenue AU THORMED nPKeSENTATNE Delra Beach,FL 33444 f i eU'1988-2014 ACORD CORPORATION. All rights rosorvad. ACORD 2S(20141 1) The ACORD name and logo are registered marks of ACORD I N5/09/2668 07: 18 3056348428 DAK SECURITY AGENCY PAGE lOb �•�� DAKSE-1 OP ID- CE TE IMl�tltl)!Y}�yyl CERTIFICATE OF LIABILITY INSURANCE GA09/29/2014 T4118 CERTIFiIE TE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICNTS UPON THE CERTIFICATE HOLDER, THIS R CERTIFICATE E5 NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVEAGE AFFORDED BY THE POLICIES BELOW. THIERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTA OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: I the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and nditiona of the policy,cerealn policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hold in lieu of such Cndomoment(s). PRODUCER Wlfson,Wathbur and Forster 16505 N-W,13th q Onus Leyyy t 05-662-7778 305-666-6.636 Miarrl4,FL 33169-5779 b nueosss:C81TIf1Cate54*wFnszom Sarah J-Washu INSURERISl AFFORDING COVERAGE l NA L R INSURER A:EVereSt Indemnity fnwrance Co INSURED VA14 5ecurltyAgency,Inc, rN5URERe.Everout National Insurance;Co Rob art"JR-Middlebrook -- 676 W 34th Street INSVRepc:Commerce and Industry Ins-Co- 19410 Mia i,FL 33127 INSURER D:Massachusetts gay Insurance Co 22306 INSURER E: - i INSURER F•_ COVERAGES CERTIFICATE NUMiBLR: REVISION NUMBER: THIS IS TO CEFV IFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1NSVRED NAMED AEOVE FOR THE POLICY PERIOD INDICATED- K 111 rNSTANDUNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY, HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES oFScRIHO uERErN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS 04 CONI)ITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L7 1YF cYNM6EFINBURANGE POL1 ? F DY MhVDr� LIMlrs OENCAALUA@ I EAGH OCCURRENCE III 7,000,00 A X)ComiwlzgCt 9ENERAL LIABILITY 51GL005731.1311 1012K013.1 0 12 012 0 14 LA]ijAGETDI ETdTEO ' PR�AIISES jJ:aacurmn��b_ $D,OU i -CLAIM&MADE f x 1 OCCUR h1ED SxP;Anv on&pa-_anY L S,DDD PERSONnL_a ApVINJURY S 9,000,000 J_ Gt NERALAGCREGAYf I S 2,000,00 GEN'L AGGaEr LIMfT APPLIES PER'- PRVOucTS-C014PIOF Afla IS 1,000,00 x POLIGI'I PRO• dFrT AUTOMOBILE L6 JBILffv - GUMBINED 51NGLL LR 1,000,00 I !lEe—x6grtl _ S _ D ANY AUTO ' ADJ 5707284 01 1011312013 10!1312014 L3DDILY INJURY(POr PSfgp n) - 'ALL OWNED SCNFOULEO ^.`•"... - 't'. _ AVT95 x AVTOB + 160p�4Yl;iJURYIPeracudant)�S X HIRED AUT x NON-OYYNE V i ' PROPERTY Dwmfti AUTOS �JPERACCIDENI) S I s x umeRELAa tI DGCL,R FACH OCCURRENCE < 9,000,000 —... C I exC 55LI - G�Iyl�gngpE� I BE02b1Ap553 10120120113 1012DI2014I AGGREGATE _y 9,000,00 060 I x RETENTIONS i I S WORKERS comi tNsAnoN wC STAru- 07H-. AND EMPLOYER LL"krrY Y f N I YWRY LIN71T5 Er Q ANY QFF1 OFRIF.TO ARTkER/E1cICuTtvF❑ Nrm� 5300001732-137100.0 10!20!20!3 1DY1U,70141E.LEACaACC105NT S 100,00 OFFIGeRR.1EMB EJ(CLVOER7 r —• .-. .. --•-- - V ndaWry Ip I El.DISEASE-EA EMPLOYb 2 100,00 If yee. IPTI N b ' E.L.0ISFA8E-POLICYUMIr 5 500,04 DESCRIPTION 0 OPERAitpNb below i I I DESCRIPnON OF OPE TIONS 1 LOCATION£1 VEfiICIJ=S (Atlnctt ACpRO 101.Addtianal Re ma.i�:Schedule,If mtxa e0ecc Is requirod) Unarmed Sec Yty Curd I CERTIFICATE HOLDER CANCELLATION DAKSEGU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DO Security Agency, Inc- THE FJ(PtRATIaN DATE THEREOF, NOTICE WILL BE DELIVERED IN Middlebrook Attn Robert"JR'' ACCORDANCE WITH THE POLfCYPROVISi0NS. 676 W 34th Street ALIT}t0 Ri2£D RrPRE9 pNTA-nVE Miaw i,Ft.93127 0 1968-2910 ACORD CORPORATION. All righU reserved. ACORD 25(201 05) The ACORD name and logo are registered marks of ACORD 05/0j/2008 07: 18 3056348428 DAK SECURITY AGENC,'r' PAGE 07 EVACUATION PROCEDURES If YO U sr8 not prepared for an cu urgency avacuadon you are in big trouble! no situafton causing an evacua6on is ugh of a Mn{*concern, Additional problems should not be creased by inefficient or danpn x,,evacuations. The or MM of mJury during emergency evacuationS is panic, There will be a higher likelAmod of people pu and runrimg. There may be au increased number of traffic collisions. ■ :p1mming for evacuation is extremely important.xveut personnel should receive a copy of the policy and procedures for evacuations. ■ 1 pem=el should become familiar with routes used only for emergency purposes. ly VACQATION DRrF j S ■ All vehicle,gates sbc nla be opened. Ev on drills are impartment for the following ■ Senior traffic and paddag officials abould be r7. notified immediately. 1. Powlodge and practice will reduce the time it ■ Preparations for search and rescue operations tto get everyone out of the venue in an should begi rMal evacuation. 2. cna4on drills will allow event el to be ■ 'A" prisoner control area w d a mass casualty l � medical center may need to be established. L � on the safest and qcdekest flow of peopl,, of the vemue. EVACUATION PROCEDURES 3. ey reduce the risks raised by confusion and ■ $vacuatima emnounCOMeats should be made by an e during an actual evacuation exIvrienced wmouucer only. That pazson makes the amnounoement only upon request of key CO MUNICATIONS EQIUIPMEN')i P--aucl People nuzy more readily pm3ic if Durill Someone else makes the aunomt;cen=t. 9 as evacuation communications egnipmemt, Announcements should be repeated in the same tatty radio frequencies and speciat telephone, tome of voice. limes extremely mzportMt b=usc the normal lines f cmm icstion may get overioadecL a Various scripts must be prq�ratud in advance, Ppx There should be a sequence of aprtouacements EVACUATION PROCEDURES depending on the immediacy sad severity of the ■ emergency situation. ey Personnel for declaring ari evacuation should identified prior to the event. ■ Participants,of5cials and event sniff tend to sa ■ the mood fur the crowd. If these people react in eloso working relationship between people in a professional and calm nnaamer this will reduce e is extremesly imtportimt: senior fire the likehbood of panic. o eial, police official and venue Tamer. ■ An event should not resume once it is cm=llNd the abort time between the decision to evacuate even when it is learned that an ixncid nit will not the public amnamcement staging area for occur. The roverso flow of pedestrian and Aire, fire, medical and helicopter landing vehicle traffic could cause chaos which may uld begin to be established. result in accidents and mituies. Admissions and access control may be difficult to manage. I exit clooia leading to else Parking loth chonld opened. 05/63/2618 07: 18 56'48428 DAK SECURITY AGENC",' PAGE 08 The blic should be directed to leave the 0 Event stadi � and the �� personnel should be atatiomed at various P� exits and inm2ediately open all designated gates nr. doors at their locations. No ane should 5e = A Po cY regard*ad"Esioa;refunds should be allowed to re-entcr, before the event. Box officee and ticket boo should be closed and locked immediately 0 As many as neoded should be assigned to assist to M Qid people Xequesting refuuda during an in the evacuation of the disabled especially those e �n Who have mobility impairments. EVACU �ON SCMffS ! Evenr personnel shouM remove all obstmctiow to exits and/or aisles or hallways leading to exits. Thera sh d be several different scripts prepared in advance d modified according to the partiewwr 0 1~vept personnel Should be stationed near all situation. Each script should state the reason(s)for hallways, ramps, aisles, escalators, etc. theeHIM ey evaetladon and provide clear directions instruct nr the =wd to walk and remain carat. for the pukic. Announcements should be repeated They should repeat instructions continually. several " in the same tone and mood. I Event personnel in seating areas should direct ® The t type of announcement should be a ride people to the nearest exit. name, ublic annonaaemant that will notify key e1 to report to a pre-established location M Security should be stationed at each elevator (umm a press box or counnand post). It is preventing people from u6ing them. Elevators Y in the form of an annottncament fora should not ba used except by emergency fictiti ius individual to report to a particular area. personnel- The Ld type of am ouneement should inform Event personnel should be assigned to assist the the �blie that a security search is taking pIace 'disabled'and senior citizens. but t the event will continue, The event shoal continue as announced. People can be Personal protection security for V.I.P.'s, notifi Dd that they will be assisted to leave if they [iguitaries,key officials,performers,participants Plef 1 s>lould lc increasod. TZ}e type of announcement w7J1 involve an rM PERBa= CONTROL PLAN irate tion of the event People should be told that is tD0 ceifiriln immediate d2m ar and that A7iat happens on the outside of the venue ir, very the is being resolved. People who =pDrtant. wool prefer to leave Should be given the OPPo. ty anal assist moe to do so. The event ■ 1�44ng attendants and additional evetttpersonnel shoal be interreiptect, •g. t+ : ^' 'WKi}d be stationed in the parking lots reques-ft • * _ people to calm and drive safely. The type of announcement is onex�aps, . ,. - offic` evacuation is amounced to the pyliTbe.,4,,� � S4curity peels should not allow anyone back They should be assltrrd that there is _`rho __ iuto:.te..veantb. ;imm -ate dagger but that the venue must suns da d in an orderly fashion "'BwTicades and access controls should bo plaumd. ', r. :_f'; '• Records *ould be kept of all authorized EVENT j PERSONNEL EVACUATION..,,i, personnel entering the area. No exmptiow ASS 7should'know s}iould'be Alorvcd. Event sea bristly what is expected r�l' =i .` .Tlite should be ti location fur media reports them at th moment that en emergedcy evacuadt^as tsidh r�uq,te venue area. This win ,..:. re9m;°pre- announwc This requires advaaad plann;ng electriml and lighting arrangements. briefing. :. 05/09/2008 07.18 3056348428 DL-k SECURITY 9GE1<:Y PAGE O'9 Delray Beach Tennis Center Stadium Seating 29 - - -t, f-1 p R S T HBx I I S o13 I 9,1 111411 -A-S �p A < (5) B \flp sox -B N C M 5. , Y �%(�5i o x, D HH L e E AA 0 BO) GG - K H G F a4 B8 Re A cc EE DD CC c e d e FF 05109!'2008 07: 18 3056348428 DAK SECURITY AGENCY WAGE 10 NEOELE OF PRICING Positions-. Guards, Bag Checkers, Supervisors Date's of rvice: Monday February 09, 2015 thru Monday February 23, 2015 Descri tin Hours Per Hour Total Guards 1913 X $ UD Bag Chec r 184 X $ �S _ $ .;;L Uc, Su erviso 1 145 X $ j . Cc) _ g -no Total <�• co on e a Sea *k )Oyl Other Misc. Charges — $ a, ��� oC) 4 1 Grand Total Is �j� y I. c. CEO *Additional Guards if required (Per hour) ADDITION L REQUIRED INFORMATION- Management Contact Name +- Phone `b (Cellular) (PLEASE REVIEW ATTACHED TIME SCHEDULES) List anv a Ce Hans and/or comments: I�A v 1L 1 90 Y1Y1 C ��IU Quole 24 G Event Security Delray Beach Open By The Venetian Las Vegas 17 05/09/2006 07:18 2056348428 DAK SECURITY AGENCY PAGE 11 DRUG FREE WORKPLACE CERTIFICATION EVENT SECURITY DELRAY BEACH OPEN BY THE VENETIAN LAS VEGAS Quote No. 2026 if identical tit bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying th y have a drug-free workplace in accordance with Section 287 087, Florida Statutes. The drug-free workplace p Irference is applied as follows: IDENTIGAL TIE BIDS: Preference sh811 be given to businesses with drug-free workplace programs, Whenever two or mar bids which are equal with respect to price, quality, and service are received by the State of by any political sub ivision for the procurement of commodities or contractual services, a bid received from a business that certifieT,that it has implemented a drug-free workplace program shall be given preference in the award process. Es ablished procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workplalle program. As the per ion authorized to sign this statement, I certify that this firm complies fully with the fallowing requirement 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, disp using, possession, or use of a controlled substance is prohibited in the workplace and specifying the actic s 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 mair aining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance prog ams, 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 and �laid a copy of the statement specified in subsection (1). 4) In th statement specified in subsection (1), this firm notifies the employees that, as a condition of working on t e commodities or contractual services that are under bid, the employee will abide by the terms of the stat �ent and will abide by the terms of the statement and will notify the employer of any conviction of, or plea pf guilty or nolo eontendere to, any violation of chapter 893 or of any controlled substance law of the Unit d States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This irm Imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or reha ilitation program if such is available in the employee's community, by any employee who is so con I ted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through impl mentation of this section. r r Contractor' (Name 1 , (YX, Signature V�r Quotc 20 Even[ Security Delray Beach Open By The Venetian Las Vegas t g i 05/09/2008 0 7:16 3056348428 DAK SECURITY AGENCY PAGE 22 PROFESSION L REFERENCES E eNT SECURITY ❑ELRAY BEACH PEN BY THE VENETIAN LAS VEGAS Quote No. 2028 A enc /com sn Address Cit . State,Zipt Contact Person L� � a - ' Tele none 1 _ C) } Date 5 of 5ery Q — en ixaLol Service Commen l� 1 ts: A enc /Com a N Q Address City, State Zi Contact Person Tele hone � .. Dake s of Ssrvi {� �P�P���� T e of 5erv�ce ` ch �'�rl l Comments: f"II� Stn'nSe� Cave, �l,rrkQ• ;, �-i-4�,�0� N;grni_ �a E2t.n� an a enc rt;om an � CA ` E) 1 Address Ci State,2i Q 3 �l Conlect Person _ 1 �t/A r y 1C 7efe hone ��' � 1 i f t"l Pates of Servlc — � 1 Type of Service 1� 1 ovse 1Q5 Commencs: 1" — c�n�e�c�- Vendor: Quoie 202 Event Security Delray Beach Open By The Venetian Las VeEac l' 05109!2608 07: 18 9056349428 DAK SECURITY AGENCY PAGE 13 CITY OF DELRAY QUOTE SIGNATURE FORM QUOTE Not 2026 EVENT 3ECUQITV DRLRAV BEACH OPEN BV THE VENETIAN LA$VE"$ PLEASE AFFIX SIGNATURE WHERE INDICATED FAILURE TO 00 SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undelsl ned bidder certifies that this bid package is submitted in accordance with the specification In its entirety 9nd with ful understanding of the conditions governing this bid. NAME OF H PO - Y Nam .as registered Kith their State of qr] 1 + r BUSINESS 5 REST ADDRESS Y P.O. 3ox address not permitted f CITY,N I A Ix,ZIP CODE �iArn MAILING A DRESS: LA Check if same as Business address above. BUSINESS MAILING ADDRESS CITY STAT G,ZIP CODE =AUTHOJRIZD SIGNATURE(Writtcn) I Jc�—f PRINT NA !F O TITLE (of-person signing fonn) DATE M C TELEPHONE NUMBER FAX NUMBER EMAILADDRESS dC1'(- �01 1 °nc:�- VENDOR S RVICE REP FOR ORDER PLACEME ,T NAME 1 TELEPHONE / CELL NUMBER FAX 3L1 - EMAIL ADDRESS Quote A 6 Event Security Delray Bcach Open By The Venetian Las Vegas 20 65/09/2668 67,23 3056348426 DAK SECURITY AGENCY PAGE 61 r- I I I F11AX J'a Anal Dowell, Purchasing Assistant D.A.K. Security Agency,Inc. To: Oty Of Dclray Bcach From: Rvbcr.Middlebrook, Pzesidcut/C.E.O Fax: (561)243-7166 Pages: 13/ WITH COVER SHEET Phone! (S61)243-7I63 Date: 1.27.2015 Re: Quote 2026 CC: gent ❑ For Review Please Comment Please Reply E] Please Recycle Com on�ta: Thank you, a ori Mi dlebrook, Pxesid z/C.E.O. LO 0 N N 05/09/2008 07:23 3056348428 DAK SECURITY AGENCY PAGE 02 QUOTATION REQUEST Purchasir Division (561) 243.7163 (Phone) 900 N" 9 Avenue (561) 243-7165 (Fax) Delray Be ch, FL 33444 Quous i1A 5T BE RECEIVED ON OR BEFORE' lL015 prior fo Q:00 -M. Thequoter mber fisted above must appear on all quotations and related correspondence. This is not an order. Tf i is inquiry implies no obligation on our part. Changes or suggestions offering cost economies are solicite QUOTATION#2026 The City of elray Beach is seeking quote requests from qualified firms for private security services for the Delray E ach open by the Venetian Las Vegas to be held at the City of Delray Beach Tennis Center. Security Se ices requested are as, per the attached schedule at the required posts beginning February 09, 2015 0 u February 23, 2015 Bidders are required to complete the attached proposal entering hourly rate ;nd total costs_ Expectations or suggested changes to the schedule may be submitted and attached fo consideration. Copies of alt required supporting documentation as listed is required to be considered a complete bid. "The City I Delray Beach reserves the right to reject or accept any or all bids. You may su mit your quotation via email or fay, 4E ail: 4Fa Attention: (561) 24371.66 Purchasing If you have ny questions, please do not hesitate to contact me at (561) 243-7163 Thank you, lo'Anol Do ' ell, Purchosing Assistant Quote 20'! Event Security Delray Beach Open By The Venetian Las Vegas I 05/09/2006 07:23 3056346426 LAK SECUPITV AGENCY PAGE 03 DmAmKm DEMAND ASSISTANCE KORP. Robert'J.R."Middlebraok SECURITY AGENCY, INC. President D.A.K. SECURITY SCHOOL 24 Hour Produclion January 27, 2015 Quote-2026 Attn: J'a Anal Dowell, Purchasing Asst. City of Delray Beach Purchasing Division 100 NW 1 st Avenue Delray Beach, FL 33444 FAX: (561) 243-7166 Hi J'a Anal. Please find our bid to provide D.A.K. Security Agency, Inc.'s event security services to the Delray Beach Open and the City of Delray Beach, attached DW Robert,P. Middlebrook, President D.A.K. Security Agency, Inc. Demand Assistance Korp. 676 N.W. 34th Street, Miami, FLA 33127 D.A.K. Company Offices: 305.634.8426 D.A.K. 24HR Emergency Line: 786.512.5353 D.A.K. Fax: 305.634.8428 Cell: (305) 710-0258 Email: dakdak @bellsouth.net Prepared by: Zulma Williams Vice President of Operations D.A.K. Security Agency, Inc, 24 Flour HOTLINE; 305.634-6426!Fax:305-634-8428 MOVIEffV COMMERCIAL SECURITY-PATRON SERVICES- BOX OFFICE MANAGEMENT TICKET TAKERS-USHERS-PARKING PERSONNEL-BEV£RAGE MANAGEMENT-TRADE SHOW SPECIAL EVENT SECURITY-FESTIVALS- SPORTS EVENTS PRODUCTION 676.N.W.34th STREET -MIAMI, FLORIDA 33127 0510912008 67:23 3056348428 DAK SECURITY AGENCY PAGE 04 alv o� o� (n V) o w o � a � V Gq L) O a r N GO' U A � w C) Q � 0. Q A z O w a U) n � p C7 W Z �--� z w co y� O ,.1 LL H o W O Q U o w P� Ao o ``4h U p z U y H C V Z � W [m A H Vd U v2 N CEO F- M A IT `coo i� T NW 05/09/2008 01: "3 7,056'?48422, DAK SECURITY AGENCV P4GE a5 ADAKSE-1 OP ID:MD CERTIFICATE OF LIABILITY INSURANCE DATE"'MjODrY M I ATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI DES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED VE OR PRODUCER,AND THE CERTIFICATE HOLDER. 7nd ertificate holder is an ADDITIONAL INSURED,the policy([asl mint be endorsed. if 5U6ROGATION I5 WANED,bubject to the terms and orL9 o f the policy,certain policies may require an endorsement A statement an this certificate does not confer rights to the certificate hold r In lieu of such ondomernan s. Wilson PRODUCER NAM6:CT Sarah J.Washburn Wilson,Wsshhur and Forster 16505 kw.113th enue H0M6 30$-666-6636 Miaml,FL53759 19 1,%r"°ti"`l- _ IAIC,N°1. 305-662-7778 Sarah J_Washhu AeoR6 9:csrtiftCateg RS.COm INSIlRF.R S AFFORDNlG[OVrluaL NAIC* INauRERA!Everest Indemnity Insurance Co INSURED DAY Security Agency, Inc. INSURER a:Everest National Insurance Co - 676 W 34th Street Mial i,FL 33127 1NaUaeae-Commerce and Indust Ins.Co. 18410 INSURER D:M833achusetts 3ay Insurance Co 22306 INSURER E:Traveler;Casualty&Surety INSURER F COVERAGES I CERTIFICATE NUMBER; REVISION NUMBER- THIS IS TO CER FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER101] INDICATED, NO L HSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMCNT WITH RESPECT TO WHICH THI5 CERTIFICATE F BE ISSUFf) OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 5UBJECT TO ALL THE TERMS, PXCLUSIONS AN CONDrrIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN9R LTR TYP OF INSURANCE POLICY NUMBER cr EF P L]MIf6 A X coMM6RC GENERAL LIABILTrY �� EACH OCCURRENCE t 1,000,00 qAGGRFGA E L'_'..1 OCCUR 61GL005131-141 10120/2014 1012012015 PR µ15-S _9CN ur0_ S 50,00 MEQ EXP Dry Ono pereanj S 5,00 PERSONAL 4ADV INJURY 3 1,000,00 GEN' MIT APPLIES PER: P�fLICY O_ GENF!j AGGREGATE E 2,000,00 JECT LOC PROnUGTf•-COMPJ6P AO[i � 1,000,00 OYHER: E aUTOMDBfLE LJTY COM8INEC SI OLE LIMIT D Eaemd_m ` 1,000,40 ANY AUTC ADJ 8707284 02 1011312014 1011342015 ecOILY INJURY(PcrPdrmn) s ALL OWNED x SCHEDULE6 AUTOS AUTOS SQUILY INJURY{Per acdORM) S x HIRED AITT x AUTOSWx�p PRO MAGE Para 'QBN � 3 x UMBRELLA 6 OCCUR C EIrCE9S lL EACH OCCURRENCE E B,DOO,OO GLAIM$-MApE BE06a�68345 1D120l2D7{ 10!2012015 AGGREGATE S 9,000,00 RED [TENTIONS s WORKERS COa1P N9ATN?N FER Alin EMPLOY%"LIANILnY STATUTE ER B ANYPROPMETOA RTNERIE}lLCUTIvr Y1" 5300001732-141 101,2012014 10/2012015 E.LEacwAcCIQENr b 100,00 OFFICERIMEIABER LUOED? ❑ NIA• (Yandnory in NMI E.L.DISEASE-EA EMPLOYEE s 100,00 M yycr,tlggpiOF Lnd OESCR PTIOk flF RATIONS hcAaw FL QIBSAFF-POLICY UMrr S 600,00 E EmployeeTheft 406137474 0717112014 07121/2015 Limit 10,00 i�x 04 Ded 1,00 1_ OEYGRIPTION OF 0KRII TrQN3 t LOCATIONS/VEHICLES (ACORD 101,Addidanal RannlYn S°hndulo,M4y bd Afta d irmm spa=I@ required) CERTIFICATE H DER CANCELLATION ;HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Del ra Beach Open by the THE "PIRATIDN DATE THEREOF, NOTICE WILL BE DELIVERED IN Vane an Las Vegas ACCORDANCE WITH THE POLICY PROVISIONS. 100 1st Avpnue Del ra Beach,FL 33dds AUTROIaTJEO REPRESENTArWE UF 19BB-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2011410 The ACORD name and logo are registered marks of ACORD 05/09/2008 0`x; 2'3 3056348428 UK SECURITY AGENCY PAGE 06 ,A% DAKSE-1 DP ID: CE �r CERTIFICATE OF LIABILITY INSURANCE DAYE(rAm1DAIYYYYI 09!2912014 THIS CERTIFI ATE IS ISSUED AS A MATTEER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE �OES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POUCHIS BELOW. THI CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTA IVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the cerd lcate holder 1s an ADDITIONAL INSURED,the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the>I4,rma and nditions of the poiiay,certain policies may require an endorsement A statement on this certifir�te does not confer rights to the eBRllieate hol Or In lieu of such Pndorsement([. PRODUC" C(INTACT Wilson,Wash bu and Forster PIIC IJN gOrlEBH-6636 18505 N.W. 1 13th and I hxX - Miami,FL 33169- 719 LAI_.s F�#I; _ twc, •305�662-7778 Sarah J-Washbu o PAE93;CertifiCates.Awrvfins.corn IN9URER(5)AFV0RINNO COVERAGE NAIL R INsuft-Rp:Everest Indemnity Insurance Co rf+suraEp E)Ak Security A envy,Inc;. wumk e:Everest{National Insurance Co Rv rt 'JR"Middlebrook , 676 W 34th Street wsuRERu:Commerce and Industry Ins.Co. 19410 Mia i,FL 33127 INSVRERO:MasSaChUsOttS Bay Insurance Co 2,2306 INSURER E: COVERAGES ; CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO GE FOrTHSTANDING THAT THE POLICIES OF [NSLRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THI:POLICY PERIOD INDICATED. N(7 ANY REQUIREMENT, TERM OP.CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WhICH THIS CERTIFICATE M E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRWEn HEREIN IS SUBJECT TO ALI-THE TERMS, EXCLUSIONS At O CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REOUCED BY PA( CLAIMS. N3R qyp OF INSURANCE —--- '�'TOC14w$FF POLICY pry - - - POLICY NUMBER O Mn1 ❑ LIMITS I GENERALLL4B I f I CACHOCCURRENCE f 1,OD-,00 A x�COM6IERC GENERACLIA51LITY 51GLOO5131-131 10120JZ013 10!20!2014 TnffimiG'E TOHETITED PREMISCr jr.0�e f 50,00 CIAI lIA[yE X PCCUA MFD LXP(Any onek PenonE S 5,00 - I I pEft0v4AI_6 AAV INJURY 5 1,000,000 + GE"ER.Ak_AGGfiECATE g 2,OOD,00 GFN'L AGGRE rw DMrr APPLIES PER I PRODUCTS-COMP'OPAGG 8 1,060,00 X POLICY I PRO Lo[ S ALI70I11061LE L ILITY COM61NED SINGLE LIMIT 01]0,00 (ea arp0¢nr _ 5 1, D ANY auJUT ADJ 9707284 01 1011312013 161131201d BODILY INJURY(Pm Perm^) S 'ALL OW SCHEDULEQ I BODILY INJUFV ➢ _AUTOS X AUTOS ( #r enclda t) S X H1111D x AUT F, PkOPERTV p (�E f IJPVRACCIDEf 5 X UMBRE4 ,JA@ S OCCUR C ` PJ(CESS C CLAImaMAne_ BE028190553 10012018 7Qf2Ql2014cN occURReNCE _ -5 9,000,00 + fnoorErq.E 9,000,00 oen )C hsrcl�noN s + S WORKERS COM 9AT[OW WC£TATU- L;7H• AND EM9LOY 'LIABILr1Y YIN TORY LIMIT§§1 ER H AN1'PROPRIF ARrNER)ED(ECUnvE 5300--1732-131 100,- 90120I2013 10n0120td EiEAGH OFFCEAMWEM9 EXCLUDED7 El NIA _ ACCIDENT .S 100,00 Iy#ndebrylpN E.L.015Ey SE-Et, OY EiAF'LEE $ 10-,{�- f pas.Oaecnte ; Dt9CRIPTIDN o OPERATIONS be— EJ,.0155A:.E-POLICY LIMIT $ 500,00 I j I j DEeCRIPTION GF OPE TpM1iS I LOCATICNE f VEffICL1- (A,I}M ACORD 101.Addda 1 Ramp--SO du[c,if mam*peep Jc roavirad) Unarmed Socty Guard CERTIFICATE HOLDER CANCELLATION DAKSECU SHOULD ANY OF TILE ABOVE DESCRIBED POUCIEG BE CANCELLED BEFORE DA Security Agency, Inc. THE EXPIRATION DATE THEREOF, NOTICE WILL BE pELMREA IN Attn Robert"JR"Middlebrook ACCORDANCE WITH THE PDLICY PROVISIONS. 676 W 34th Strut Mia 'i Fi._33127 ALIT"ORVEDREPREF ENrATME O 1988-2010 ACORD CORPORATION, All rights raaerved. ACORD 25(20 10'10 6) The ACORD n;im8 and logo are registered marks of ACORD C15/09/2008 07: 23 3056348428 DAK SECURITY AGENCY PAGE 07 f EVACUA'T'ION PROCEDURES If am not prepared for an emergency evacuation yon ate in big trouble! The situation Ong an evacuation is en gb of a major concern. Additional problems should not be created by inefficient or dsngamus evacuations. The 'or cause of 4ury during emergency evacuations is panic. There will be a laghor Hkeh'leood of people and rumfmt- 11wre may be an itlereased number of traffic collisions. ■ • fe-pEetininig 1`0r evflCU9tion is 9Xtretaely izppprtaut M event personnel should rac6ve a copy of the policy and procedures for evacuaions. peMOms,eI should become fam far with,mutes used only for emergency purposes. EVA 1 UATION DRILLS M All vehicle gates should be opened. fiv doa dn'lls am important for the following a Senior traffic and p2nicing officials should be notified immediately- 3. c wlesdge and practice will reduce the time it 0 Preparations for search and rescue operations to get everyone out of the venue m an should begin. evacuation. A prisoner control area and a mass cwualty 2_ � cuabion drills will allow event peasotmel to be rnedit:al Dearer may need to be established. ear on the safest and g6dc�ast flow of people a£the venue. EVACUATION PROCEDURES 3. ey reduce the risks caused by confusion and fivaeuati.anneunce eats should be madcby an c during as aches!evacuation. experioaced announcer only. That person makes I the almounccemcnt only Upon request of key COA MUNICATIONS EQUIM94T p-soawel. I'wpla may more readily panic if Someone else mI&W the announcement. S an evacuation commumeations egxipmet, Annotmeements should be repeated m the same Cy radio mss and special telephone tone of voice. lines r extremely impoxf W because the normal lima orrlarunicarton may gat overloaded. 0 Various scripts mist bo prepared in advance. There should be a sequ mce of mnounccmmrs ACUATION PROCEDURES depending on the immediacy and severity of the emergency situation. personnel fox declaring an evamration should identified prior to tbo event. 0 Participants, officilk god event Staff tend to set the mood for the crowd. If these people react m close working relationship between people in a professxonal and calm manger ibis will reduce ge is extramaly ,tmpostsat: senior fire the likehbood of panic. cial, police official and venue manager. A An event should not reeume ones it is cancelled ® the short time between the de6sion to evacuate even when it is learned that an incident will not d the public amouncemeat staging areas for occur. The reverse flow of pedestrian and lice, fire, medical aad helicopter landing vehicle traffic could cause chaos which may uld begin to be established, result in accidents and injuries. Admissions actl access control may be difficult to manage. All exit do*rB leading to the parking lots should opened. —F- 05/05/2668 07:23 3056348426 DAK SECURITY AGENCY PAGE 6P The public should be directed to leave the s Event and the parking Personnel should be amtivaed at various exits and immadistely open all designated gates or doors at their locations. No one should be A Ly regarding admission refunds should be allowed to re-eater. pr before the event_ Box offices and ticket boo should be closed and locked immediately ■ As many as needed should be aligned to assist to I I Did people regaes mg refunds during an in the evacuation of the disabled especially those ens 'on. who.have mobility impairments. EVACU TION SCRMS ■ Event personnel should remove all obstiuctious to exits and/or aisles or hallways leading to exits. ThemThem s uld be several differetnt scripts prepared in 2&2nce md modi8od $wording to the particular R Event petsonnel should be stationed :near all situation Each script should state the reasoir(s) for haffWays, ramps, aisles, esrflators, etc. the Omer=CY evacuation and provide clear directions instrueiirrg the crowd to walk and retrain calm. for the i lie. AnMuncemenb should be reputed They should repeat jrrctzuetioris continually. several in the same tone and mood. ■ Event Personnel in seating areas should dirwt The hSt type of announcement should be a ovde people to the nearest exit. ram I public '01mcemOnt tbet will notify key e1 to report to a era-establisbed Ioca6on ■ Security should be stationed at each elevator (USW $ press box or command peat). It is preventing people from using them, Elevators y in the form of an announcement for.a should not be used except by umarge=y ficti bus individual to report to a particular area. pe rsoanel. The nd type of announcement should inform ■ lire blic that a seouri �� �talon �� ];vent personnel should ba assigned to assist the �' g F disabled and senior citizens. but the event will rontinne. 'lie event s eontimie as announced. People can he ■ Persona] prate;6ou security for V-l.P.'s, no" "bat they will be assisted to leave if they dt t0-, key officials �f $°�-. , Y ,perforiners,participants should be increased_ The d type of announcement will involve an ;VRN TIE PERMTER CONTROL PLAN Intew. ption of the event. People should be told that re is no Main immediate danger a,nd that ybat-happens on the outside of the venue is very the is being resolved. i� ;plc who importazac. - woul prefer to leave should be given the oPPo ty and assistance to do so- The event ®� Pad;iag attendants and additional event personnel slzonl be interrupted. t,i s>zV d be stationed w the parking lots retquecting ® The rt11 type of announcement is ont..r►ttW te '-- `people,'rk,4U calm and driv8 safely. off c' evacuation is announced to #hc public„W. .`��. Seotr�iry pa``ols should not tilluw anyone back They I should be assured that: there i5- .nil . intol#a,venue. ";imm late danger but that the veatse mint be' ,. in an orderly fasbioa -. ,,' ■. :- Barricades�qd access controls should be plamed. Records should be kept of all uuthoriied EVENT PERSONNEL EVACUATION::,:: personnel enterii)g the area No excepfians ASSIG „� '+ya-: ;� sb.ould"be allowed. f Event stn .. <„ - .: r �,�-r}'••°�. �-•_ '' should know Exactly what is expaeted art ' ' -d t d ;rThese should be a 10=60a for media reports them at moment that coo.emargedcy evacuslrtiuj ..,•„t:.R ?det.�e venue area ,e annotinc This requires advanearl pi :; This will require p briefing. anatng p� electrical and lighting arrangements. <: I 05169/2069 67:23 3055346428 DAW SECURITY AGENCY PAGE 09 Defray Beach Tennis Center Stadium Seating I- .� T -. P Q R S T I : East Box O B VIP t 03J. `ZaX 7 N vow, y C H H f + 1Nest�Bvx .e ~D r � , 1 y � , 4 E AA Bo GG { K 3 I H I G F , :� BB, oe�-ervad f FF EE DD C C , A sible , �i 05109/2008 07: 23 3056348428 DAK SECURITY AGENCY PAGE 10 L_ NSOVILK of p IGNEG Positions: Guards, Bag Checkers, Supervisors Dates of S rvice: Monday February 09, 2015 thru Monday February 23, 2015 Descri ti Hours Per Hour Total Guards 1913 X $ $ 3 S t70 Bag Check r 184 X $ 1S = $ ';., C)C% Su ervisor 145 X $ 1 00 = $ 1'A 00 Total '� 0C) p�1Sc7,Q ; ;L Other Misc. Charges $ 0(D Grand Total $ <6• 00 "'Additional Guards if required (Per hour) ADDITION L REQUIRED INFORMATION: Management Contact Name qAAAA Phone (Cellular) (PLEASE REVIEW ATTACHED TIME SCHEDULES) List sav ce lions and/or comments: be on i .Y1C. �2S P_))�LCJ 0-02,1 �c Quote 20 Event Security Delray Beach Open By The Venetian Las Vegas 17 0510Sq!2008 017: 23 305634$428 Dn'K SECURITY AGENCY PAGE 11 DRUG FREE WORKPLACE CERTIFICATIOM EVENT SECURITY DELRAY BEACH OPEN BY THE VENETIAN LAS VEGAS Quote No. 2026 If identical ie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying t y have a drug-free workplace in accordance with Section 287,087, Florida Statutes. The drug-free workplace reference is applied as follows: IDENTICA TIE B Preference shall be given to businesses with drug-free workplace programs, Whenever two or mor bids which are ectual with respect to price, quality, and service are received by the State of by any political su .division for the procurement of commodities or contractual services, a bid received from a business that certifiE s that it has implemented a drug-free workplace program shall be given preference in the award process. tabhshed procedures for processing tie bids will be followed if none of the tied vendors have a drug- free workpl ce program. As the pe ison authorized to sign this statement, I certify that this firm complies fully with the following requiremen s: ") Thi firm publishes a statement notifying employees that the unlawful manufacture, distribution, dis lensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the act pns that will be taken against employees for violations of such prohibition, 2) Thi firm informs employees about the dangers of drug abuse in the workplace, the business's policy of ma tairl a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance pr rams, and the penalties that may be imposed upon employees for drug abuse violations, 3) Thi firm gives each employee engaged in providing the commodities or contractual services that are un �r bid a copy of the statement specified in subsection (1). 4) In t e statement specified in subsection (1), this firm notifies the employees that, as a condition of working on a commodities or contractual services that are under bid, the employee will abide by the terms of the sta ment and will abide by the terms of the statement and will notify the employer of any conviction of, or plel of guilty or polo conlendere to, any violation of chapter 893 or of any controlled substance law of the Un ed States or any state, for a violation occurring in the workplace no later than five (5) days after such cor fiction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or reh 'bilitation program if such is available in the employee's community, by any employee who is so cor icted. 6) Th firm will continue to make a good faith effort to maintain a drug-free workplace through Iml(lamentation of this section, Contracto I Namo A. r 1, �Pf�[L►Qt si nature D vh� (?uore 2 26 Event Security Defray Beach Open By The Vc;nettan Las Vegas 18 05/08/2008 07:23 3058348421= DAK SECURITY A5ENCY PAGE 12 PROFESSIONAL REFERENCES EV NT SECURITY DELRAY BEACH OPEN BY THE VENETIAN LAS VEGAS Quote No. 2026 Address � �V VIJ , F _ Contact Person Lc'-1)1111e U fzaNi or Tale hone ] UL Dete s of Servi ih T eofServlo0 �-y y �1 /Tq Comments: `�L(� l.. A enC /Cam an 1 V Address 01 r / Cll State Zip Contact Person Tale one �)1 pales of Semi T e of Service Comments: Sunset-Cvv�, ,4rrrQ. ; e..>i d� �-li arn;_ 3au��n+ a,.iY, �4,�,a• ; A enc /Com ac r C Addregc J� City,Stele Zip � t� �� � �1 —'�)L Conlacl Person Cj 1Q 1 Telephone Date s of Servi — T eofServioa f"— at' 74Jy� =,��127 Comments �� - 4C1 Pr �.a Vendor: t Quote 20 r Event Security Delray Beach Open By The Venetian lamas Vegas Iq 4 05/09/200$ 07:18 3056346428 DAK SECURITY AGENCY RAGE 01 AX J'a,Axial Dowell,Purd lasing Assistant D.A.K. Security Agency,Inc. Tq: City Of Delray Beach From: Robert Middlebrow.,Presidetnt/C.E.O Fax: (561)243-7166 Pa es: 13/WITH COVER SHEET Ph¢ e: (S6I)243-7163 Date: 1.27.2015 Re: Quote 2026 CC: ' rgent sc❑ For ievicw Please Comment Plcme-Reply Please Recycle Con eats: 'I')xa ' you, o Mi dle)Wk. Pres ent/C.E.O. N N f r MEMORANDUM r TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: January 8, 2015 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 NOMINATION FOR APPOINTMENT TO THE BOCA RATON AIRPORT AVIATION ADVISORY COMMITTEE BACKGROUND There is a vacancy on the Boca Raton Aviation Advisory Committee due to the resignation of Mr. Robert Victorin. The term is unexpired ending May 31, 2016. Nomination for appointment is needed for one (1)regular member. The Boca Raton Aviation Advisory Committee was created and Bylaws were adopted on June 3, 2002. The Committee shall consist of one (1) member to represent the City of Delray Beach. This member must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for nomination for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for nomination for appointment to the Committee. 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 verifications were done 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 on the Boca Raton Aviation Advisory Committee for an unexpired term ending May 31, 2016. DISCUSSION This item is before the City Commission for nomination for appointment to the Boca Raton Airport Aviation Advisory Committee. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment for one (1) regular member to serve on the Boca Raton Airport Aviation Advisory Committee for an unexpired term ending May 31,2016. BOCA RATON AVIATION ADVISORY COMMITTEE EXHIBIT A Michael Hanuschak Specialty Brokerage-Owner Ezekiel Kaufman Businessperson-Vice President 01/15 BOCA RATON AVIATION ADVISORY COMMITTEE IN ASSOCIATION WITH THE BOCA RATON AIRPORT AUTHORITY TERM EXPIRES NAME &ADDRESS TELEPHONE 05/31/2016 Vacant Home: Office: Cell: Email: Liaison Yolaina Ruiz Work: 243-7056 100 Northwest 1sr Avenue Fax: 243-3774 Delray Beach, FL 33444 S/City Clerk/Board 15/BocaRaton Aviation Advisory Committee Contact: Kevin Miller 391-2202 ext. 205 kevingbocaairport.com Clara Bennett Executive Director Boca Raton Airport Authority 3701 FAU Blvd., Suite 205 Boca Raton, FL 33431 12/23/03 Per letter from Airport Manager, Ken Day, the Boca Raton Airport Authority has authorized and approved the dissolution of the Noise Compatibility Committee, and amended the Airport Authority Committee; whereby four additional members will be appointed by the Authority, of which will reside in the four Quadrants. (Northeast, Northwest, Southeast and Southwest) U \ W a z 0 z 0 H \ � / z z0 CJ W U rj z0 z (D o 4 C�j / � w � / " C�j \ Qz z0 � ww � - z0 � � H ti ° W o O U qJ � N z a o i MEMORANDUM r TO: Mayor and City Commissioners FROM: Donald B. Cooper,City Manager DATE: January 8,2015 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 NOMINATION FOR STUDENT APPOINTMENT TO THE EDUCATION BOARD NOMINATION FOR APPOINTMENT BACKGROUND There is a vacancy on the Education Board for a student member to serve an unexpired term ending July 31, 2015. Per Ordinance No. 15-12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months.Nomination for appointment is needed for one (1) student member. Please be advised that there is only one student applicant at this time. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individual has submitted an application and would like to be considered for appointment: Name Background Sean Kelleher Student A check for code violations and/or municipal liens was conducted. None were found. Students are not registered to vote. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat #5)for one(1) student member to serve an unexpired term ending July 31,2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Education Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1) student member to serve on the Education Board for an unexpired term ending July 31,2016. 1115 EDUCATION BOARD TERM EXPIRES NAME &ADDRESS OCCUPATION 07/31/2015 Mitchell Katz, Chair Development Appt 07/05/11 Representative Reappt07/25/13 07/31/2016 Lisa Paolo Director of Academy Appt 07/01/14 O erations 07/31/2016 Jeremy Office Certified Financial Planner Appt 4/01/14 07/31/2016 Michelle Quigley Educator Appt 4/01/14 07/31/2016 Mercie Alcindor Educator Appt 07/15/14 07/31/2016 Angela Burns Educator Unexp Appt 11/15/11 Reappt07/17/12 Reappt 07/01/14 7/31/2015 Julia Kadel Director of Admissions Unexp Appt 12/06/11 Reappt07/25/13 07/31/2015 Cathy DeMatto Development Consultant Appt 08/06/13 07/31/2015 Daryl Pauling Educator Unexp Appt 10/01/13 07/31/2015 Joyce Warner Educator Appt 07/25/13 07/31/2015 Margarita Kaufman Educator Appt 08/06/13 STUDENT MEMBERS (one term limit) 7/31/2015 Nikkie Dugan 2 YEAR TERM Student 7/31/2015 Vacant 1 YEAR TERM Student Contact:Janet Meeks 243-7231 S/City Clerk/Board 2015/Education Board \ O / \ N / Z W a a 1 a a 1 a a a a 1 1 rl O O O O O O O O O O x O W a � a c w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 26, 2015 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 ORDINANCE NO.02-15-CBD LDR REVISIONS BACKGROUND On November 8, 2013, the City of Delray Beach and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. The agreement with TCRPC also includes the creation of architectural design guidelines that will be presented at a later date. Companion Ordinances: The subject ordinance (Ordinance No. 02-15) to "repeal and replace" LDR Section 4.4.13 Central Business District is the first of three (3) companion ordinances that are running concurrently. The purpose of the second ordinance (Ordinance No. 03-15) is to provide a clean-up to various sections of the LDRs necessitated as a result of the overall amendments included in the subject replacement ordinance. A third ordinance is presented that will change the zoning district designation for the two CBD-RC (Central Business District-Railroad Corridor) area-zoned properties to simply CBD. They will each maintain the same geographic areas and are simply undergoing a name change, and will be treated as a sub-district, consistent with the Beach, Central Core, and West Atlantic sub-districts. The current version of the replacement regulations reflects guidance that was given by the City Commission at their workshop held on October 14, 2014. The First Reading/Public Hearing was held on November 18, 2014 at which time the City Commission approved the three companion ordinances with direction for Treasure Coast Regional Planning Council (TCRPC) to bring suggested comments back to City Commission December 9, 2014 as a Second Reading/Second Public Hearing. At the Second Reading/Second Public Hearing on December 9, 2014, the City Commission gave further direction to TCRPC and then moved to continue the Second Reading to a date certain of January 20, 2015. The ordinances have been amended to include a reduction in allowable building height on Atlantic Avenue between Swinton Avenue and the Intercoastal Waterway. These changes are deemed substantive enough to prompt the new First Reading/Public Hearing that is scheduled for February 3, 2015. Following are highlights of the Land Development Regulations revisions including the changes that have been made since the workshop which are reflected in the ordinance currently before the City Commission: a. Geographic regulations previously described by text are mapped for ease of use, including: i. Properties required to have retail/restaurants on the ground floor ii. Areas where increased density may be requested iii. Areas in the West Atlantic Neighborhood appropriate for commercial uses iv. Boundaries of the Pineapple Grove Neighborhood Plan (which requires board review) v. The portion of Atlantic Avenue in the Central Core with special parking requirements for restaurants b. Building height is measured by number of stories and overall feet in height. The proposed maximum of four (4) stories would allow flexibility up to 54' of height. The maximum is slightly higher to allow taller ceiling heights to facilitate adaptive re-use of buildings over time. In addition, the allowable building height on Atlantic Avenue, between Swinton Avenue and the Intercoastal Waterway, has been reduced. C. All front setbacks are proposed at 10' min. (previous code had a 5' minimum for commercial uses). d. New streetscape standards ensure a minimum width of 15' and organize landscaping and sidewalk areas. e. All buildings have a step-back at the top of the 3rd story (currently some streets require a step- back at the top of the 2nd story and 4th stories). £ A new requirement for Civic Open Space is added to create plazas, greens, parks, etc. in conjunction with redevelopment. g. Increases in height above 4 stories and 54 feet are no longer an option in the CBD. h. Only projects within the West Atlantic Neighborhood Sub-district make request additional density through a bonus program, which will be reviewed by SPRAB as a Class 5 with City Commission making the ultimate decision. i. Bicycle parking requirements are added and vehicular parking requirements are slightly adjusted. The area along Atlantic Avenue with special parking requirements for restaurants has been expanded to the Intracoastal Waterway; and professional office parking requirements are changed from 1:300 to 1:500 for office space less than 10,000 square feet. j. A traffic circulation study is required for large projects or projects which propose moving alleys; closing streets is not permitted. REVIEW BY OTHERS The Planning and Zoning Board reviewed the proposed amendment at a special meeting held on October 6, 2014 and recommended approval on a vote of 6 to 0. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The item before the City Commission is the consideration of a City-initiated amendment to the Land Development Regulations Section 4.4.13, Central Business District, to repeal and replace current regulations. OPERATING COST N/A TIMING OF THE REQUEST The new First Reading/First Public Hearing of the subject item is to occur on February 3, 2015. If passed on first reading, the second reading will occur on February 24, 2015. RECOMMENDATION By motion, approve on first reading Ordinance No. 02-15, repealing and replacing Section 4.4.13 "Central Business District (CBD)" with new zoning regulations, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. I ORDINANCE NO. 02-15 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT 4 REGULATIONS OF THE CITY OF DELRAY BEACH; REPEALING AND 5 REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" 6 WITH NEW ZONING REGULATIONS; REDUCING THE ALLOWABLE 7 BUILDING HEIGHT ON ATLANTIC AVENUE BETWEEN SWINTON 8 AVENUE AND THE INTRACOASTAL WATERWAY; PROVIDING A 9 SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN 10 EFFECTIVE DATE. 11 WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact 12 and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the 13 distinctive character of each district; and 14 WHEREAS, the City Commission seeks to update its land development regulations to ensure the 15 highest quality built environment and enhance multi-modal mobility options;and 16 WHEREAS, the existing land development regulations for the Central Business District need to 17 be reorganized and substantially modified to make these regulations understandable to the public, 18 predictable to landowners,and easier for the city to administer; and 19 WHEREAS, prior to public hearings before the City Commission, all proposed amendments to 20 the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to 21 LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held 22 on October 6, 2014 and recommended on a vote of 6-0 that the City Commission approve these 23 amendments. Pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the 24 Local Planning Agency, has determined these amendments to be consistent with the Delray Beach 25 Comprehensive Plan; and 26 WHEREAS, the City Commission, at duly noticed public hearings on 12015, 27 and on , 2015, received and considered comments from the Planning and Zoning Board 28 and from the public,and gave careful consideration to all aspects of this ordinance; and 29 WHEREAS, the City Commission has determined it to be in the best interest of the City of 30 Delray Beach that the land development regulations be amended as described in this ordinance. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY 32 BEACH,AS FOLLOWS: 33 Section 1. That Section 4.4.13 of the land development regulations,"Central Business District 34 (CBD),"hereby deleted in its entirety and replaced with a new Section 4.4.13,which is set forth in 35 Exhibit"A"to this ordinance and made a part hereof. For clarity,the deleted Section of 4.4.13 is attached 36 hereto as Exhibit`B,"and made a part hereof. 37 Section 2. That should any section or provision of this ordinance, or any paragraph, sentence, or word 38 thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 39 validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be 40 invalid. I ORD.NO.02-15 41 Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. 42 Section 4. That this ordinance shall become effective upon its adoption on second and final reading. 43 PASSED AND ADOPTED in regular session on second and final reading on this day of 44 12015. 45 46 MAYOR 47 ATTEST: 48 49 City Clerk 50 First Reading: 51 Second Reading: 2 ORD.NO.02-15 EXHIBIT A SECTION 4.4.13 DRAFT: 1/23/15 Section 4.4.13 Central Business (CBD) District: (A) Purpose and Intent: The Central Business District (CBD) Zone District is sr.W-MrIs established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and p �L MACH r simultaneously provide for the kN stimulation and enhancement of the vitality and economic growth of this B special area. Establishment of the CBD - a District is consistent with and F implements, in part, Objective C-4 of the Land Use Element of the x Comprehensive Plan. The CBD District is generally applied to territory depicted in the Commercial Core designation on the Future Land Use Map. The areas described below and shown in Figures 4.4.13-1, 4.4.13-2, 4.4.13-3, 4.4.13-4 provide for development that is consistent with the adopted Downtown Delray Beach Master Plan. YfiCRaNS (1) Central Core Sub-District: The regulations are intended to result in development that preserves the ACA TI L A H T I C A E N U E downtown's historic moderate scale, 01®0 T) while promoting a balanced mix of uses y that will help the area evolve into a El =JE traditional, self-sufficient downtown. J Residential development is permitted at a z higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses. RI SEAGA Figure 4.4.13-1 —Central Core Sub-district 4.4 - 58 SECTION 4.4.13 (A) DRAFT: DRAFT: 1/23/14 (2) Beach Sub-District: The goal for this sub-district is to "preserve and enhance the character of these areas, the public condition of the beach, the vitality of its center, and the natural environment." The Master Plan calls for redevelopment of existing buildings in a manner that places storefronts close to the street and parking in the rear. Where existing buildings are separated from the pedestrian ways by wide landscaped areas, the addition of arcades and new building square footage to bring the storefronts closer to the street is encouraged. w z N LOWRY STREET MANOR HOUSE W 7 CONDO °: z FIRE DELRAY w STA. VETERANS SUMMIT Q a CRO YE a' PARK of CONDO W CONDO w B D � L�r C N ❑ BARR W lorr Q TERRACE CONDO w ESlDENC DELRAY BEACH INN a MARRIO TT A T L A N T C A V E N U E I � WATERWAY EAST a I Q COMMERCIAL CONDO N x Q Z N a BAR o D HARBOUR p U CONDO Q MIRAMAR DRIVE I` a DOVER HOUSE CONDO _j a OCEAN PLA CONDO O Figure 4.4.13-2— Beach Sub-district 4.4 - 59 SECTION 4.4.13 (A) DRAFT: 1/23/15 (3) West Atlantic Neighborhood Sub-district: The goal for this sub-district is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. Figure 4.4.13-3—West Atlantic Neighborhood Sub-district I PARK CITY ATTORNEY BUILa7NC r_ YMnN LU HNC A. 0MVE Y e s sr OE = CITY HALL H.W. f IST r a s 'f x COMMUNITY CENTER nPE RESCUE DEPT TENNIS ®� STATION STADIUM AMOCO N0.1 A T L A N T I C A V E N U E WAY POLICE SOUTH EPTMENT COUNTY COMPLEX COURT V HOUSE r S.W. ,Sr IL € g a a w 210 Sr S.E. EMT FM[M 4.4 - 60 SECTION 4.4.13 (A) DRAFT: 1/23/15 (4) Railroad Corridor Sub-district: The goal for this sub-district is to HE allow for development of light r'uaux N.E. industrial type uses on properties HE. _5TH ST. that are in the downtown area, but zx 7 Wes.- N are in close proximity to the FEC "S 4 railroad. The purpose of the area is EEO JM RC to recognize the long-standing light _ industrial character of this railroad a corridor; to provide for the upgrading w and expansion of existing uses when appropriate; and to enhance U EM the economic growth of the central business district by providing employment opportunities in the downtown area. This sub-district is comprised of two nodes, one in ry2ry northern part of the CBD and one in the southern part of the CBD, as _M PTO shown in Figure 4.4.13-4. N $.E. xryo E. zao Z 6 � H Z 5 E. 7R6 3 C — N 00 r 0 E 9 i1X ON w i LL r � 55 5T ST, TEEN CENTER kj 6M ST. z Figure 4.4.13-4 -Railroad Corridor Sub-district 4.4 - 61 SECTION 4.4.13 (B) DRAFT: 1/23/15 (B) Regulating Plans. The Delray Beach Central Business District Regulating Plans depict additional information necessary to apply the standards contained in this Section and are hereby officially adopted as an integral part of these regulations. A Regulating Plan for each CBD Sub-District is provided in this section and versions at larger scales are available in the Planning and Zoning Department. The Regulating Plans depict the following information: (1) Primary and Secondary Streets and Alleys. Primary Streets are intended to develop over time as superior pedestrian environments and, as such, are held to higher standards in the regulations regarding building placement, building frontage, and the location of parking and service uses. Streets not designated as Primary Streets are considered Secondary Streets, which can accommodate service functions and vehicular-oriented development needs, including parking, loading, and drive-through facilities. Alleys are important assets in the CBD, performing many functions within small rights-of-way. (2) Required Retail Frontage. Certain streets within the CBD are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Streets designated as Required Retail Frontage are held to stricter standards regarding allowable frontage types and uses located within side-walk level stories. (3) Parking and Transit Locations. The locations of public parking garages and the planned Tri-Rail Coastal Link station are mapped on the Regulating Plan. Parking requirements may be adjusted based on the proximity to these transportation resources. In addition, the Atlantic Avenue Parking Area is mapped, which has special parking requirements for restaurant and lounge uses. See Section 4.4.13(I). (4) Atlantic Avenue Limited Height Area. Building height is limited on a portion of Atlantic Avenue to help maintain the unique character of the City's historic main street. See Section 4.4.13(D). Density Areaq— Thia 1Ae Dre• rom oleleic irnrreuoceaeRSity rareas of the GB-D, ccihJent to a acritciernuoT l e cr aPIuArcI�S.; RAP] nora-Irn r lrencrtclrern nrnrTite-rTia (vec tleR 4.4.13(H)). Drepertciress lrencrt 2d vn rth}Irn r the est APp�herheerd Ci ih_rdic��are�rvi�ete use pregram. PrvP FtieG OR the G�vv''yl &ih dis�� that fcrr O.RrUret sed deRSit�i ore moan nn Qegiilo�g Dlonc prepeerr�S I�oct� �--arc-rrT�`FP �'u 9�ru^��T°I� .ithin the Beach Ci ih rdiStrint aAre net eligible fer innreA. ed deRGity. (5) West Atlantic Neighborhood Commercial Area. The location of commercial uses is limited within the West Atlantic Neighborhood Sub-district to protect established residential areas from commercial intrusion. (6) Old School Square Historic Arts District (OSSHAD) Zoning with CBD Overlay. Properties with OSSHAD Zoning with CBD Overlay may follow the Central Core Sub-district development standards for principal and accessory uses 4.4 - 62 SECTION 4.4.13 (B) DRAFT: 1/23/15 only and may not apply for conditional uses or participate in the Incentive Program in Section 4.4.13(H). 4.4 - 63 111111■ * �� ■ 1 ,� ; CBD ZONING .11111■ � ���� � � CENTRAL CORE �ti`� _ ■■ BEACH .�_ �� �■■ ate- �� 1■11■11: ■' REQUIRED RETAIL M■ ■I■' CIIIIIi1C ■■111■ ■■ ATLANTIC AVENUE PARKING DISTRICT PUBLIC PARKING GARAGE ■ III HI: �. r■. - :1�¢I�� ■ ■ I ■■ ■ice �i�� �� ■�. '°� �_ : ==rrt.efi:. OSS HAD ZON ING WITH C130 OV ER LAY - i 111' w=•� � F- w^ ilf1111. w■. ■E.�" = -� �//. % I� :f 1111 Ilii=.�`11�■ ■■� w� �■ �� � � TJT�a�� �� 1 ,. 111��r•• �� �� = ,r■��■■w■■ �� ■■■ fry■■ill■ �� .■ ■ice �_ ■■°C■ ■i�� ■■ H.E. 1 2ND STREET Ell INNER pp H.E. 1ST STREET ,� ■111 ■` k� � _111111111- � �� x� '1�� ■;tea _�■ -_ � r � w� - - ■: .dpi' ■" w A T L A N T I C AAA V E H t) E A T L A N T I C A V �E�N U E / 7. r r y i y i •r / // � � ■1�� ���� -III �-�1■� �--. _ ■: � _ ■'ilili■ 1■ ■i .C ,i`�1■`I�€�`�i� r'� i� a 1■X111■�� ■ _■fit �. ■ �■ '1. ■� - =jt III=1■ ■■■■ ■ � .1. ■Al1 vol m an 0 ME ON■ �r ■■ a■ ■ 1 X11111■ ■■■■1• i■ ■■- ■■r NINE 11 II=—■=€N. ■ ■MINIM �■ _� d ■■ not 1111 ;0 ■� i '11[iii[III ■ ONE ■■ ■ ■ 1■11� ■ 111lI111i1t _t ,■■ - r- � SECTION 4.4.13 (B) DRAFT: 1/23/15 Figure 4.4.13-6—West Atlantic Neighborhood Sub-district Regulating Plan PARK CITY ATTORNEY � $N�L1fNC HAM L� InHC-0 DRS& ■ E� SF E CITY HALL H-W- r ISi SL x i 3 COMMUNITY CENTER FIRE RESCUE AFPT. TENN75 STAE]ium P;pq f N TEWAY POLfCE SOUTfi . EPTUENT COUNTY CMPLEX COURT NOVSE G G I ST. S.W. f Irr a � LEGEND CBD ZONING WEST ATLANTIC NEIGHBORHOOD WEST ATLANTIC NEIGHBORHOOD COMMERCIAL AREA REQUIRED RETAIL FRONTAGE PRIMARY STREETS PUBLIC PARKING GARAGE 4.4 - 65 SECTION 4.4.13 (B) DRAFT: 1/23/15 Figure 4.4.13-7—Railroad Corridor Sub-district Regulating Plan N 5M ET PU811% N.E. x° H.E. sm 51. R'AL- } - GREENS RC Q b.E. H.E. 2ND Q � Q O 2 N O I u N SE 2ND E. 2N0 N z D N E 4TH Y 6 SE. SfN ST, TEEN CENTER NEE::: cn� sr. ST. 0 wa wr y 4 a N LEGEND CBD ZONING RAILROAD CORRIDOR PINEAPPLE GROVE NEIGHBORHOOD PLAN �1111 PRIMARY STREETS 4.4 - 66 SECTION 4.4.13 (C) DRAFT: 1/23/15 (C) Allowable Uses (1) Principal, Accessory, and Conditional Uses. Table 4.4.13(A) identifies the allowable principal, accessory, and conditional uses for each area of the CBD. See Section 4.4.13(J) for approval standards. Streets designated as "Primary Streets" or "Required Retail Streets" on the Regulating Plan have additional standards. (2) Use Variations for Primary and Secondary Streets. Primary Streets are intended to be superior pedestrian environments and, as such, are held to higher standards regarding the location of certain uses, including parking. The Regulating Plan designates certain streets as "Primary Streets" and all other streets are considered to be "Secondary Streets." (a) Where a principal or accessory use does not have an "S" in Table 4.4.13(A), the use is permitted on both Primary and Secondary streets. (b) Where a principal or accessory use in Table 4.4.13(A) has an "S" in the column, the use is a "Secondary Street" use. 1. Secondary Street uses are permitted without limitations on Secondary Streets. 2. On Primary Streets, Secondary Street uses (including parking garage levels) shall be lined along the street for a depth of at least 20 feet on all stories by a use permitted on all streets (see Figure 4.4.13-8). 3. On Primary Streets, Public Parking Garages (as mapped on a regulating plan) shall be lined along the sidewalk level for a depth of at least 20 feet by a use permitted on all streets; a use liner is not required on upper levels. (c) The standards for Conditional Uses are in Section 4.4.13(K). 4.4 - 67 SECTION 4.4.13 (C) DRAFT: 1/23/15 Figure 4.4.13-8— Primary & Secondary Street Uses Primary Street Uses Secondary Street Uses PL PL I I -----3rd sto ry 7/77771 Residsntal j Parking j ------LL-----j--- j- 3rd story j Residential Parking Office j 2nd story _ Parking - ------ ---- 2nd story _ I Uffica Retail Iatstory r- ,Parking 1st story Parking —20'Min� PRIMARY SECONDARY STREET STREET ® Use Permitted on All Streets ® Use Permitted on All Streets Secondary Street Use ® Secondary Street Use (3) Use Limitations on Required Retail Frontages. Streets designated on the Regulating Plan with Required Retail Frontage are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Properties on streets designated with Required Retail Frontage have use and frontage type standards that apply to the sidewalk level story. (a) All Districts. 1 . Residential units, including multi-family and live-work, are not permitted in the sidewalk-level story on streets with Required Retail Frontage. 2. On Required Retail Streets, buildings shall use either a Storefront or Arcade frontage type (See Section 4.4.13(E)). (b) Central Core and Beach Sub-districts. 100% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(A)), for a minimum depth of 20 feet: 1 . General retail uses and/or facilities, except that sales of automotive parts, lawn care equipment, or second hand material (other than verifiable antiques) are not permitted. 2. Services and facilities 3. Hotels, motels, or residence-type inns 4.4 - 68 SECTION 4.4.13 (C) DRAFT: 1/23/15 (c) West Atlantic Neighborhood Sub-district 1 . At least 50% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(A)), for a minimum depth of 20 feet: a. General retail uses and/or facilities, except that sales of automotive parts, lawn care equipment, firearms, or second hand material (other than verifiable antiques) are not permitted. b. Services and facilities c. Hotels, motels, or residential-type inns as a Conditional Use 2. Up to 50% of the building frontage of the sidewalk level may be for business, professional, and medical uses; more than 50% may be approved as a Conditional Use. 4.4 - 69 SECTION 4.4.13 (C) DRAFT: 1/23/15 Table 4.4.13(A)-Allowable Uses in the CBD Sub-Districts West Atlantis Central Railroad Beach Neigh. Core Corridor Area General retail uses and/or facilities,as in GC district(4.4.9)'z P P P P Business,professional,and medical uses,as in GC district(4.4.9) P P P P Services and facilities,as in GC district(4.4.9) P P P P Multiple-family dwellings3,including residential licensed service provider facilities P P P P Assisted living facilities,nursing homes,and continuing care facilities P P P P Live/work units(see 4.3.3(KKK)) P P P P Hotels,motels,and residential-type inns3(see 4.3.3(M)and 4.3.3(X)) P P P C Bed and breakfast inns(see 4.3.3(Y)) P P P C Public Parking Garages,as mapped on a Regulating plan P'S P,S P'S P,S Fabrication and/or Assembly - lP - Wholesaling,Storage,and Distribution - P - - Contractor and trade services - P - - Automobile brokerage,including vehicle display within an enclosed structure - P - Family day care homes(see 4.3.3(T)) A A A A Home occupations(see 4.3.3(K)) A A A A Mechanical parking lifts(see 4.6.9(D)(11)and 4.6.9(F)(4)) A,S A A,S A,S Parking areas and refuse and service areas A,S A A,S A,S Recreational facilities(for a multiple-family complex) A A A A Services and repair(incidental to the principal use) A,S A A,S A,S Single-family dwelling(occupied by owner,proprietor,or employee of the principal use) A A A A Storage of inventory(not shared or leased independent of the principal use) A,S A A,S A,S Automobile repair _ C Child care and adult day care facilities(see 4.3.3 fl) C C C C Commercial recreation,such as bowling alleys and skating rinks C C C C Community residential homes(see 4.3.3(1)) C C C C Drive-through facilities(serving banks,restaurants,retail uses,etc.) C C C C Food Preparation and/or Processing - C - - Flea markets,bazaars,and similar retail uses C C C C Funeral homes,including accessory uses such as a chapel or crematory C C C C Gasoline stations and/or car washes C C - - Group homes,Type 2 only(see 4.3.3(1)) C C C C Large family child care homes(see 4.3.3(TT)) C C C C Dry-cleaning Processing Plants - C - - Segway tours and Segway sales(see 4.3.3(ZZZZ)) C C C C Theaters,excluding drive-ins C C C C Veterinary Clinics C C C C 24-hour or late-night businesses,within 300'of residential property(see 4.3.3(W)) C C C C LEGEND: P= Principal Use A=Accessory Use C=Conditional Use -= Prohibited Use S=Secondary Street Use Sales of automotive parts,lawn care equipment,firearms,or second hand material(other than verifiable antiques)are not allowed on properties facing a street designated as a Required Retail Street on the Regulating Plan or in the West Atlantic Neighborhood. 2 See Section 4.4.13(C)(4)(c)for limitations on the rental of sporting goods and equipment. 3 For density limits,see Section 4.4.13(D). 4 Not self storage facilities; products and materials shall not exceed 55 gallons of any substance which is listed on the Generic Substances List of the Palm Beach County Wellfield Protection Ordinance(Ref.:Palm Beach County LDC,Article 9,Section 9.3) 5 See Section 4.4.13(C)(4)(a) for limits on Commercial use locations in the West Atlantic Neighborhood Sub-district 4.4 - 70 SECTION 4.4.13 (C) DRAFT: 1/23/15 (4) Supplemental Use Standards. (a) Sporting Goods/Equipment Rentals. The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). (b) Worker Transport/Assembly Points. The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. (c) West Atlantic Neighborhood District Supplemental Use Standards: The following supplemental district regulations apply in the West Atlantic Neighborhood Sub-district: 1 . West Atlantic Neighborhood Commercial Area. Commercial structures are allowed on NW 5th Avenue, SW 5th Avenue, and may extend up to 150 feet from Atlantic Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Full service grocery stores may extend beyond the 150 foot limit with approval by the SPRAB of a site plan design that ensures compatible transitions between commercial and residential areas. Establishment or expansion of other structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). The West Atlantic Neighborhood Commercial Area is mapped on the West Atlantic Neighborhood Regulating Plan. 2. There is no restriction on repair and/or reconstruction of non- conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (d) Railroad Corridor District Supplemental Use Standards: Within the Railroad Corridor Sub-district, except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. 4.4 - 71 SECTION 4.4.13 (D) DRAFT: 1/23/15 (D) Configuration of Buildings: (1) Standards for CBD Generally. The following building configuration standards apply to all CBD Sub-districts:- (a) Building Height. Unless otherwise specified herein, the height of buildings shall be measured in and regulated by the number of stories and the maximum overall building height;°oa°r "f TeguIated few tFiGt (See Table 4.4.13(C)). Increasing the maximum number of stories allowed may not be approved as a waiver. Stories are measured from the finished floor to finished ceiling. See Figure 4.4.13-10. 1. 1 Within the Atlantic Avenue Limited Height Area, maximum overall building height in feet is 38 feet and maximum building height in number of stories is three. The Atlantic Avenue Height Limit Area is defined as those properties, or portions of properties, located within 125 feet north or south of the Atlantic Avenue right-of-way line, between Swinton Avenue and the Intercoastal Waterway. (See Figure 4.4.13-5). 2. Except within the Atlantic Avenue Limited Height Area, A4maximum overall building height in feet is 54 feet and maximum building height in number of stories is four. For the purposes of this section, height is measured from the average crown of road or the FEMA published minimum finished floor elevation (whichever is greater) to the highest finished roof surface of a flat roof or the soffit of a gable, hip, or gambrel roof. -23. Stories located below grade are for parking or storage uses only and are not counted for the purpose of measuring building height. If the floor of the first habitable story is elevated more than four feet above the adjacent sidewalk, the space below counts as the first story for the purposes of measuring building height. 34. The ground story of commercial or mixed-use buildings shall be a minimum of 12 feet tall. 45. The ground story of residential buildings shall be a minimum of 10 feet tall. 56. Each story above the ground story in all buildings must be at least 10 feet tall. 67. Mezzanines that exceed 15 percent of floor area are counted as stories for the purpose of measuring height. 4.4 - 72 SECTION 4.4.13 (D) DRAFT: 1/23/15 �8. Each parking garage level exposed to a street or civic open space shall be counted as a story for the purposes of measuring height. Parking levels fully concealed from view by a story containing an active use (i.e. retail, residential, office) are not counted as stories for the purpose of measuring height. See Figure 4.4.13-9. 99. Within the Central Core, Railroad Corridor, and Beach Sub-districts, residential units must have the floor of the first habitable story elevated at least 18 inches above the adjacent sidewalk. Within the West Atlantic Neighborhood Sub-district, residential units must have the floor of the first habitable story elevated at least 12 inches above the adjacent sidewalk. Lobbies and common areas in multi-unit or mixed-use buildings may have a lower ground floor finish level. -910. Flat roofs shall be enclosed by parapets which shall conform to the standards in Section 4.3.4(J)(3)(c). Green roofs are encouraged. x-911. Mechanical equipment necessary to the operation or maintenance of the building such as, but not limited to, elevator, stair, and mechanical rooms, cooling towers, vent stacks and antennae shall be screened in such a manner that the enclosure is an integral part of the overall building design, provides a balanced and graceful silhouette, and ameliorates the visual impact from adjacent buildings. Minor features not exceeding one foot in height shall be exempted from this regulation. 4412. Architectural features including church spires, steeples, belfries, and cupolas are not limited by story height; however, any part of any such feature shall not extend above the height of sixty- four feet (64') unless specifically approved by action of the City Commission. Figure 4.4.13-9—Counting the Number of Stories 4.4 - 73 SECTION 4.4.13 (D) DRAFT: 1/23/15 3-Story Building 3-Story Building 4 Fully Concealed Parking Levels Parking Level Exposed to Secondary Street PL PL I I Parking Residential i 3rd story ___________i_ I 3rd story Residential Parking office j 2nd story _ Parking 2nd story Office Retail I Iststory -- r— Parking f st story Parking STREET SECONDARY STREET ® Active Use ® Active Use Parking ® Parking Figure 4.4.13-10-Measuring Building Height PL s PL E ■ I k I I I D I I D I A I D i A I D I I C I E tB B I I I I I Commercial Residential Table 4.4.13(B) Building Height Maximum N um"°r^f St °°Building Height in A 3 stories & 38 ft. the Atlantic Avenue Limited Height Area A Maximum 9vefall Building Height outside of 4 stories &-54 ft. the Atlantic Avenue Limited Height Area 4.4 - 74 SECTION 4.4.13 (D) DRAFT: 1/23/15 B Ground Floor Finish Level Commercial Uses 6" max. Residential Units in the Beach, Central Core, 18" min. and Railroad Corridor Sub-districts Residential Units in the West Atlantic 12" min. Neighborhood Sub-district C Ground Story Height Commercial and Mixed-Use Buildings 12 ft. min. Residential Buildings 10 ft. min. D Upper Story Height 10 ft. min. E Additional Setback Above 3rd Story I^ rvaries 4.4 - 75 SECTION 4.4.13 (D) DRAFT: 1/23/15 (b) Building Placement. 1 . Front setbacks shall be measured from the property lines coinciding with public rights-of-way, including streets and parks. a. Awnings, porches, balconies, stoops and arcades may encroach into the setbacks as set forth in Section 4.4.13(E). b. Roof Eaves may encroach into the setbacks a maximum of four feet (4'). Figure 4.4.13- 11 -Building Frontage Requirement i I A+ B=Total Building Frontage j i A B I � I I I I I .r ¢` is I j •`at. Pe 'a I L._. Front Se ._._._._._._._._._._._._.1. 2. Where development may build with no side setback, the following limitations also apply: a. Side setbacks are required only when an abutting a residential zoning district or a property with a building existing as of the effective date of this ordinance [date] with windows facing the adjoining lot line. Then, new development shall setback to provide at least 10 feet of separation between the existing and new buildings. b. All light and air shafts, including those necessary per the percentage of openings on building facades, shall be provided within the property. c. Buildings taller than three stories in height have additional setback requirements for the upper stories, as described in Section 4.4.13(D)(2). 4.4 - 76 SECTION 4.4.13 (D) DRAFT: 1/23/15 (c) Frontage Percentages. Building frontage is the percentage of the total width of a lot minus the required setbacks, which is required to be occupied by the primary fagade of a building. Building frontage requirements are set forth in Table 4.4.13 (C) for each CBD Sub-district. 1. The primary fagade shall be generally parallel to the right-of-way, located in accordance with the minimum and maximum front setback requirements of the zoning district. 2. The location of the primary fagade is not changed by the projection of architectural elements such as cornices, bay windows, awnings, porches, balconies, stoops, or arcades. 3. The primary fagade may adjust around a Civic Open Space that meets the requirements in Section 4.4.13(G) as shown in Figure 4.4.13-11. 4. On corner lots, the primary fagade shall extend from the corner to ensure that new development (or civic open space) defines the corner. (d) hammorn-U n Weer Are-a for Dwelling Unit Standards. 1. Diverse Unit Types. A number of different unit types, sizes and floor plans shall be available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. One bedroom units may not exceed 30%. There is no maximum percentage for unit types established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. 2. Minimum Floor Area. Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). (e) Other Standards. Other standards also apply in CBD sub-districts: 1. Frontage Standards are in Section 4.4.13(E). 2. Architectural Standards are in Section 4.4.13(F). 3. Civic Open Space Standards are in Section 4.4.13(G). 4. Incentive Program is in Section 4.4.13(H). 5. Parking Standards are in Section 4.4.13(1). 4.4 - 77 SECTION 4.4.13 (D) DRAFT: 1/23/15 6. Review and Approval Process is in Section 4.4.13(J) 4.4 - 78 SECTION 4.4.13 (D) DRAFT: 1/23/15 (2)Dimensional Requirements for CBD Sub-districts. Table 4.4.13(C) provides the dimensional requirements regarding lot size, building placement, building size, height, density, and civic open space for each CBD Sub-district. Figure 4.4.13-12 illustrates the dimensional requirements from the table. (a) Buildings shall be located in accordance with the minimum and maximum setbacks in Table 4.4.13(C). 1. The front setback or side setback facing a street or park is a minimum of 10 feet and a maximum of 15 feet, which is coordinated with streetscape requirements in Section 4.4.13(E)(2). 2. Minimum rear set back is 10 feet and minimum side setbacks are 0 feet. Side lot lines adjoining alleys are regulated by rear setbacks. 3. Buildings over three stories in height are subject to additional setback requirements in order to ensure architectural articulation and reduce the impact of taller building heights. a. At the top of the third story, front and rear setbacks are 20 feet minimum. b. With approval from the SPRAB, building entries, lobbies, and vertical circulation areas located above the third story may not be required to increase the setback to 20 feet, if configured as tower elements determined to be consistent with the Delray Beach Architectural Design Guidelines. 4. Where the rear or side of a property directly abuts a residential zoning district with a height limitation of thirty-five feet (35') without any division or separation between them of thirty feet (30') or more, such as a street, alley, railroad, waterway, park, or other public open space; the following shall apply: a. For buildings or portions of buildings three stories or less in height, a minimum side set back of ten feet (10') from the property line shall be provided. b. At the top of the third story, minimum side and rear building setbacks of 30 feet shall be provided from the property line for the portion of the building that is over three stories in height. c. A solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the CBD-zoned property which directly abuts the residentially zoned property. Walkways and other pedestrian or bicycle 4.4 - 79 SECTION 4.4.13 (D) DRAFT: 1/23/15 connections shall be placed through the wall or hedge if they provide links identified on any adopted bicycle and pedestrian master plan or if SPRAB determines they would promote desirable connectivity between properties. 5. On Primary Streets, the minimum building frontage is seventy-five percent (75%) and the maximum frontage is a hundred percent (100%). On Secondary streets, minimum building frontage is not required and the maximum building frontage is a hundred percent (100%). 6. Buildings with more than 250 feet of street frontage shall provide a pedestrian/bicycle passageway at least 10 feet wide connecting rear alleys and/or parking to the public sidewalk. The passageway shall have transparent windows covering at least 50 percent of the wall area and the incorporation of storefront windows is encouraged. 4.4 - 80 SECTION 4.4.13 (D) DRAFT: 1/23/15 Table 4.4.13(C) Dimensional Requirements by CBD Sub-district Central Core Railroad Beach West Atlantic Corridor Neighborhood Lot Size Lot Width 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. Lot Area 2000 sf. min. 2000 sf. min. 2000 sf. min. 2000 sf. min. Building Placement A Front Setback' 10 ft. min./ 10 ft. min./ 10 ft. min./ 10 ft. min./ 15 ft. max. 15 ft. max. 15 ft. max. 15 ft. max. B Side Setback' 0 ft. min.2 0 ft. min.z 0 ft. min.2 0 ft. min.2 C Rear Setback 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Side Setback Abutting Res. District; Vt to 3rd Story 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Side/Rear Setback Abutting Res. District Above 3rd Story 30 ft. min. 30 ft. min. 30 ft. min. 30 ft. min. D Front Setbacks Above 3rd 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. Story E Building Frontage Required 75% min./ N/A 75% min./ 75%min/ on Primary Streets 100% max. 100% max. 100% max. Building Height Min. "'w "°r^f ef^r;°sBuilding ' RE t A_.F e 6 1 1 Story 1 Story 1 Story& 18 y Height on Primary Streets Story& 18 ft. ft 2mss Max. Building Height in Atlantic 3 Stories& N/A N/A N/A Avenue Limited Height Area 38 ft. — — — Max. ISI--- g-he-F of Ste F;-sL[tight outside of the Atlantic Avenue 4 Stories& 4 Stories& 4 Stories& 4 Stories& Limited Height Area 54 ft. 54 ft. 54 ft. 54 ft. M ERX n„or411 QiiildiRg Height 54 ft 54 ft G4ft 54 ft Density Density 30 du/acs 30 du/ac4 12 du/ac 12 du/ac3 Civic Open Space Requirement(See Section 4.4.13(G)) Sites smaller than 20,000 sq.ft. 0% 0% 0% 0% Sites Between 20,000 and 5%of area 5% of area 5%of area 5%of area 40,000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,000 5%of area 5%of area 5%of area 5%of area Sites Greater than 40,000 s ft. above 20,000 above 20,000 above 20,000 above 20,000+ q' + 7%of area + 7%of area + 7%of area 7%of area above 40,000 above 40,000 above 40,000 above 40,000 N/A is"Not Applicable" ' Side lot lines facing streets are regulated by front setback requirements. Side lot lines along alleys are regulated by rear setbacks. 3 All light and air shafts shall be provided within the lot. See Section 4.4.13(D)(1)(b)(2). 3 See Incentive Program in Section 4.4.13(H)for potential density increases pursuant to certain location and performance criteria. 4.4 - 81 SECTION 4.4.13 (D) DRAFT: 1/23/15 Figure 4.4.13-12— Building Placement and Configuration & Street Types B B v v ��Sfr 4 eel ��Sfr q s`tggt D�aa� 5ee A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets B Interior Side Setback B Interior Side Setback C Rear Setback C Rear Setback ❑ Front Setback Above 3rd Story ❑ Front Setback Above 3rd Story E Required Building Frontage E Required Building Frontage B v B v F a� A a� F t SLlee t Sf� sk,Ee A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets B Side Setback B Side Setback C Rear Setback C Rear Setback ❑ Front Setback Above 3rd Story D Front Setback Above 3rd Story E Required Building Frontage E Required Building Frontage F Setback Relief Granted by SPRAB for F Civic Open Space Tower Element 4.4 - 82 SECTION 4.4.13 (E) DRAFT: 1/23/15 (E) Frontage Standards. Frontage Standards define architecture and design components for the entrance(s) to buildings and the area between building facades and streets. Building setbacks and other development standards are coordinated with street cross-sections to ensure a superior public realm results, improving both the overall visual appearance and multi-modal uses of downtown streets. (1) Frontage Standards and Allowable Uses. The use of the ground story is an important factor in streetscape design and appropriate frontage types. For the purposes of Frontage Standards, unless otherwise specified, residential uses are single-family homes, townhomes, multiple family dwellings, assisted living facilities, nursing homes, continuing care facilities, community residential homes, group homes, and large family childcare homes and live/work uses. All other uses are considered to be "commercial uses" for the purposes of this section. (2) Streetscape Standards. Front setback areas, which include side setback areas facing streets, shall be detailed to augment public right-of-way design, to establish shaded, continuous routes for pedestrians, and to organize landscaping and other elements to ensure a superior public realm. (a) Minimum Streetscape Width. The combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a minimum streetscape area no less than 15 feet in width, measured from the back of curb The streetscape area shall be organized as follows: 1. Curb Zone. The curb zone is at least four feet wide, measured from the back of curb (See Figures 4.4.13-13 and 4.4.13-14). This zone accommodates street trees and public infrastructure needs such as utility poles, street lights, street signs, parking meters, etc. These elements shall be located as close to the curb as possible; signs and parking meters shall be consolidated as much as possible. 2. Pedestrian Clear Zone. A pedestrian clear zone at least six feet (6') wide shall be provided on all streetscapes (See Figures 4.4.13-13 and 4.4.13-14). Any portion of the pedestrian clear zone within the front setback area shall be improved as an extension of the public sidewalk and shall match the public sidewalk in design and material, providing a seamless physical transition. A sidewalk easement, in a form acceptable to the City Attorney, over any portion of the pedestrian clear zone located within the front setback shall be granted to the City. The property owner shall also be required to enter into a maintenance agreement, in a form acceptable to the City Attorney, requiring the property owner to be responsible for and maintain any improvements made or installed by the owner to meet the requirements of this section. 3. Remaining front setback area. The remaining front setback area within the minimum 15' wide streetscape shall be detailed appropriately 4.4 - 83 SECTION 4.4.13 (E) DRAFT: 1/23/15 for the ground story use of the building (See Figures 4.4.13-13 and 4.4.13-14): a. Commercial Uses. Buildings with retail or commercial uses in the ground story shall detail and design any remaining front setback area within the 15 ft.-wide minimum streetscape area using a hardscape design. This portion may be used to accommodate outdoor dining areas, subject to Section 6.3. Landscaping comprised of plants in removable planters, palms, and/or ground planting may be installed adjacent to the building provided it does not obstruct views into storefront windows. b. Residential Uses. Buildings with residential uses in the ground story shall detail and design any remaining front setback area within the 15 ft.-wide minimum streetscape area using hardscape or foundation planting landscaping. The encroachment of porches or stoops in this area may be permitted, pursuant to Section 4.4.13(E)(4). (b) Street Trees. Street trees are intended to provide a shaded environment for the pedestrian, provide a physical separation between pedestrians and vehicles, and improve the overall visual appearance of the street. 1. All new construction, relocation of a building, or addition equal to or greater than 20% of the gross floor area of an existing building shall install street trees at the time of development. Street trees shall be a canopy species, planted in the public right-of-way directly in front of the property line(s), uniformly spaced no greater than 30 feet on center. Spacing of trees may only exceed 30 feet in order to accommodate curb cuts, fire hydrants, utilities, existing trees, and other infrastructure elements. Palm varieties may be used at corners, crosswalks, or to accent building entrances and may be permitted in lieu of shade trees when physical conditions may prevent the proper growth of shade trees, as determined by the Planning and Zoning Director in consultation with the Environmental Services Director. Consistency in street tree species shall be established on both sides of the street along each block. The first to develop shall establish the species with approval from the Planning and Zoning Director in consultation with the Environmental Services Director. 2. Street trees shall be located in the curb zone of the streetscape, in order to separate pedestrians from vehicular lanes and to provide room for tree canopies. Street trees may be planted in planting strips, landscaped planters or tree grates with approval from the 4.4 - 84 SECTION 4.4.13 (E) DRAFT: 1/23/15 Planning and Zoning Director in consultation with the Environmental Services Director. 3. All trees shall be Florida Grade #1 or better and satisfy the following standards at the time of planting: a. Canopy species: Minimum 14 feet in height with a clear trunk space of six feet and a spread of no less than eight feet. b. Palm trees: Minimum 18 feet in height, with a clear trunk space of eight feet. 4. In the event that site constraints such as existing utility easements prevent the installation of required street trees, removable planters of small palms and shrubs, vines or seasonal flowers shall be installed. In addition, the building shall provide devices such as awnings or roof overhangs to establish a shaded pedestrian environment. 5. The property owner shall be required to enter into a maintenance agreement, in a form acceptable to the City Attorney, requiring the property owner to be responsible for and maintain any tree grates, irrigation, and landscaping installed by the property owner to meet the requirements of this section. 4.4 - 85 SECTION 4.4.13 (E) DRAFT: 1/23/15 Figure 4.4.13-13 Commercial Use Streetscape 4 1 1. A B C 15'-0" Min Signage Street Tree On-street Parking Public Sidewalk Outdoor Seating Street Lights VAB 15'-0" Min A-Curb Zone B- Pedestrian Clear Zone • C- Remaining Front Setback Area 4.4 - 86 SECTION 4.4.13 (E) DRAFT: 1/23/15 Figure 4.4.13-14 Residential Use Streetscape A B C 1 W-(r Min op Signage Street Tree an-sues#Parldng Public Sidewalk �- 4- r, Stoop and ; Landscape Area Street Lights A B LC , A-Curb Zone B-Pedestrian Clear Zone C.-Remaining Front Setback Area 4.4 - 87 SECTION 4.4.13 (E) DRAFT: 1/23/15 (3) Building Entrances. The main entrance to every building shall be accessible directly from and face a public right-of-way or civic open space. The main entrance(s) to ground story commercial space(s) shall be directly from and face a public right-of-way or civic open space. Doors allowing public access shall occur at intervals no greater than 75 feet. (4) Frontage Types. Frontage Types define architectural characteristics for the detailing of building entrances. Six distinct frontage types have been identified, which are appropriate for different uses. Table 4.4.13 (D) identifies the frontage types appropriate for each use by an "X". Using one or more of frontage types identified is required. Table 4.4.13(D) Frontage Types per Use Porch Stoop Bracketed Forecourt Storefront Arcade/ Balcony Colonnade Commercial X X X X X Residential X X X X Live/Work X X X X X X Townhomes and X X X Single-Family Houses 4.4 - 88 SECTION 4.4.13 (E) DRAFT: 1/23/15 (a) Porch. A porch is an open-air structure attached to a building forming a covered entrance large enough for comfortable use as an outdoor room. Table 4.4.13(E) provides the dimensional requirements and the maximum encroachment allowed, provided porches do not encroach into the minimum required curb zone or pedestrian clear zone as described in Section 4.4.13(E)(2). Figure 4.4.13-15 illustrates the dimensional requirements from Table 4.4.13(E). Figure 4.4.13-16 provides a character example. Table 4.4.13(E) Dimensional Requirements for Porches Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 8 ft. 12 ft. C Width 40% Facade 100% Facade D Floor Elevation .5 ft. 4 ft. Allowable Encroachment' - 8 ft. May not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13(E)(2)) Figure 4.4.13-15 Figure 4.4.13-16 Porch Frontage Type Porch Character Example w i _ I C �� r B - D _�: C t� A �a -1 'L 4.4 - 89 SECTION 4.4.13 (E) DRAFT: 1/23/15 (b) Stoop. A stoop is a small staircase leading to the entrance of a building that may be covered. The elevation of the stoop is necessary to ensure privacy for residential uses in the ground story of buildings. Stoops should provide sufficient space for a person to comfortably pause before entering or after exiting the building. Table 4.4.13(F) provides the dimensional requirements and the maximum encroachment allowed provided stoops do not encroach into the minimum required curb zone or pedestrian clear zone as described in Section 4.4.13(E)(2). Figure 4.4.13-17 illustrates the dimensional requirements from Table 4.4.13(F). Figure 4.4.13-18 provides a character example. Table 4.4.13(F) Dimensional Requirements for Stoops Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 5 ft. 8 ft. C Width 4 ft. - D Floor Elevation 1 ft. 4 ft. Allowable Encroachment' - 5 feet May not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13E 2 Figure 4.4.13-17 Figure 4.4.13-18 Stoop Frontage Type Stoop Character Example B c - ° A i. 4.4 - 90 SECTION 4.4.13 (E) DRAFT: 1/23/15 (c) Bracketed Balcony. A bracketed balcony is a second-story balcony, located over the main building entry, which provides cover for a person entering or exiting the building, emphasizes the entryway, and creates a semi-public space overlooking the street. The Delray Beach Architectural Design Guidelines provide guidance on balcony detailing. Bracketed balconies are typically associated with buildings with commercial uses in the ground story; however, bracketed balconies may be used with residential uses if combined with a stoop. Figure 4.4.13-19 illustrates the dimensional requirements from Table 4.4.13(G). Figure 4.4.13-20 provides a character example. Table 4.4.13(G) Dimensional Requirements for Bracketed Balconies Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 5 ft. C Width 4 ft. - D Floor Elevation 0 ft. - Allowable Encroachment - 5 feet Figure 4.4.13-19 Figure 4.4.13-20 Bracketed Balcony Frontage Type Bracketed Balcony Character Example B c ' L'LLR - [Y E °I A D 4.4 - 91 SECTION 4.4.13 (E) DRAFT: 1/23/15 (d) Forecourt. A forecourt is an open area in front of the main building entrance(s) designed as a small garden or plaza. Low walls or balustrades no higher than three feet six inches in height may enclose the forecourt. Forecourt walls are constructed of similar material as the principal building or are composed of a continuous, maintained hedge. A forecourt may afford access to one or more first floor residential dwelling units or incorporate storefronts for commercial uses. The forecourt is suitable for outdoor seating for residents or restaurants. Forecourts are typically associated with multifamily, mixed-use, and commercial buildings. Figure 4.4.13-21 illustrates the dimensional requirements from Table 4.4.13(H). Figure 4.4.13-22 provides a character example. Table 4.4.13(H) Dimensional Requirements for Forecourts Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 10 ft. 20 ft. C Width 20 ft. 50% of Facade D Floor Elevation 0 ft. 3 ft. Allowable Encroachment Not Applicable Figure 4.4.13-21 Forecourt Character Example Forecourt Frontage Type B ,rte C A D Figure 4.4.13-22 4.4 - 92 SECTION 4.4.13 (E) DRAFT: 1/23/15 (e) Storefront. The storefront is a frontage type along sidewalk level of the ground story, typically associated with commercial uses. Storefronts are frequently shaded by awnings or arcades. 1 . Storefront Dimensions Table 4.4.13(I) provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-23 illustrates the dimensional requirements and Figure 4.4.13-24 provides a character example. a. Storefronts shall extend across at least 70% of the width of a commercial space. b. Storefronts shall be directly accessible from sidewalks; storefront doors may be recessed up to 10 feet. Table 4.4.13(I) Dimensional Requirements for Storefronts Minimum Maximum A Building Setback 10 ft. 15 ft. B Storefront Width 70% 100% C Storefront Base 1 ft. 3 ft. D Glazing Height 8 ft. - E I Glazing Area 70% 90% Maximum Allowable Encroachment of Elements in All Districts F Awning Projection 3 feet - G Projecting Sign N/A 3 feet Figure 4.4.13-23 Figure 4.4.13-24 Storefront Frontage Type Storefront Character Example i Fyn — A E G E Ik C :.. V O � 4.4 - 93 SECTION 4.4.13 (E) DRAFT: 1/23/15 c. Storefronts shall have transparent glazing of at least 70% of the wall area, comprised of storefront windows and doors, for at least 70% of the length of the commercial space. Storefront windows shall have a base one foot to three feet high with transparent glazed areas extending from the base to at least eight feet in height as measured from sidewalk grade. Transparent means non-solar, non-mirrored, glass with a light transmission reduction of no more than twenty percent (20%). 2. Storefront Elements a. Awnings shall project a minimum of three feet from the building facade. b. Awnings shall be consistent with the building's architecture and proportionate to the facade opening shape and size. Except for curved awnings, all awnings shall be sloped 15-35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. c. Storefronts may be combined with forecourts or arcades. 4.4 - 94 SECTION 4.4.13 (E) DRAFT: 1/23/15 (f) Arcade. An Arcade is a covered, unglazed, linear hallway attached to the front of a building, supported by columns or pillars. The arcade extends into the public right-of-way, over the streetscape area, creating a shaded environment ideal for pedestrians. This frontage type is typically associated with commercial uses. 1 . Arcade Dimensions. Table 4.4.13(J) provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-25 illustrates the dimensional requirements and Figure 4.4.13-26 provides a character example. Table 4.4.13(J) Dimensional Requirements for Arcade Minimum Maximum A Building Setback Varies 15 ft. B Arcade Depth 10 ft. 20 ft. C Arcade Height 10 ft. 20 ft. D Column/Pillar to Face of Curb 2 ft. 4 ft. E Column/Pillar Width and Depth 1 ft. - Maximum Allowable Encroachment of Elements in All Districts F Arcade varies by street Figure 4.4.13-25 Figure 4.4.13-26 Arcade Frontage Type Arcade Character Example i _ - _ B E �+ A - - F 4.4 - 95 SECTION 4.4.13 (E) DRAFT: 1/23/15 a. Arcades shall extend over the sidewalk. A sidewalk should not run parallel to an arcade, allowing pedestrians to bypass storefront windows. b. Use of the arcade on local streets requires entering into a right-of-way agreement, in a form acceptable to the City Attorney, with the City. The City Commission shall determine in its sole and absolute discretion whether to approve or deny an agreement, which shall be based upon a determination of whether the arcade is in the best interest of the general public. This agreement shall establish liability, indemnification, and insurance responsibilities in a form acceptable to the City. For County, State, and Federal roads, agreements with the appropriate agencies and the City may be necessary. c. Arcades shall have a clear depth between the interior face of the columns and the building facade of at least 10 feet and no more than 20 feet. If the distance between the property line and the face of curb is not sufficient to accommodate the minimum depth of 10 feet required for an arcade, or, if the distance between the property line and the face of curb is deep enough that using the required building setback results in an arcade with a clear depth greater than 12 feet, the front setback may be administratively adjusted by the Planning and Zoning Director, taking into consideration the ultimate location of the face of curb. If determined necessary by the City, the property owner shall grant a pedestrian and underground utility easement to the City, in a form acceptable to the City Attorney, on the applicant's property to reach ten feet of clear depth. d. Arcade ceilings shall be designed with coffers or exposed beams extruding at least six inches, aligned with columns or pillars. Arcades shall have a clear height above the sidewalk of at least 10 feet and no more than 20 feet. e. Support columns or pillars shall be at least 12 inches wide and deep. See Section 4.6.18(B)(14)(iii). Columns and pillars shall be placed two to four feet from the face of the curb. f. The arcade area extending over the public right-of-way may contain a second story or incorporate roof terraces; additional stories are not permitted. 2. Arcade Elements a. Arcades shall be combined with storefronts. b. The height and proportions of the arcade shall be consistent with the architecture and proportions of the building to which it is attached. c. Potted landscaping or ground planting shall be provided between the face of the columns or pillars and the face of curb. 4.4 - 96 SECTION 4.4.13 (E) DRAFT: 1/23/15 d. Lighting shall be incorporated into arcades to meet CPTED principles. (F) Architectural Standards. In addition to the standards in Section 4.6.18, the following standards apply in all CBD Sub-districts. (1) All buildings shall follow the Delray Beach Architectural Design Guidelines. The selected architectural style shall be identified on all permit application drawings. (2) Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). (3) Building facades facing streets or civic open spaces must have transparent windows covering between 20 percent and 75 percent of the wall area of each story as measured between finished floors. Transparent means non-solar, non-mirrored glass with a light transmission reduction of no more than twenty percent (20%). (4) Cornices and moldings shall be extending a minimum of two inches from the surface plane of the building wall. Cornices and moldings are continuous fagade elements and may not be covered by awnings or signs. Significant architectural elements such as columns, pilasters, and towers may interrupt moldings. (5) Building facades shall be designed to visually screen "Secondary Street" uses (as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate fagade design to screen these uses incorporates the consistent use of materials and construction assemblies, fenestration patterns, architectural articulation, and features such as, but not limited to, the application of architectural screens, louvers, or glass. In addition, at the sidewalk level, vegetated surfaces and planters or window display shall be incorporated. Paint, faux treatments, scoring, construction joints, lighting, and material projections less than two inches are permitted, but do not fulfill the fagade design requirements. Figure 4.4.13-27 Character Examples for Building Fagade Screening Secondary Street Uses want f *1 i . i The Clematis Street garage utilizes The Lincoln Theater has the building consistent building materials with circulation located along the streets, fenestration patterns to establish an behind an architectural glass fagade, attractive fagade screening the parking screening the large expanses of blank levels over the retail space. walls within the movie theater. 4.4 - 97 SECTION 4.4.13 (F) DRAFT: 1/23/15 (6) Awnings shall be consistent with the building's architecture and facade opening shape. Awnings shall project a minimum of three feet from the building facade. Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. Any names or logos printed on awnings shall be counted as square footage against the overall permitted signage. (7) In the absence of a building facade, a streetwall is required along both Primary and Secondary Streets. Streetwalls shall be three feet to three feet six inches (3'-6") in height, located in line with the building facade or the front setback. Streetwalls shall be composed of either an opaque wall of the same material and color as the building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal feet, uniformly spaced, shall be installed along the length the streetwall. (8) Overhead doors shall be prohibited from facing any adjacent residentially zoned property. Overhead doors shall be oriented away from any adjacent public right- of-way, except where currently existing. (9) In order to reduce urban heat islands for both roofed and non-roofed areas, the following standards shall apply to building and site design: a) Non-roofed: Provide shade (within 5 years) on at least 30% of non- roof impervious surface on the side, including parking lots, walkways, plazas, etc.; or use light-colored/high-albedo materials (reflectance of at least .3) for 30% of the site's non-roofed impervious surfaces; or, use open- grid pavement system (net impervious area of less than 50%) for a minimum of 50% of the parking lot area. b) Roofed: Use Energy Star roof-compliant, high-reflectance and high emissivity roofing (initial reflectance of at least .65 and three-year-aged reflectance of at least .5 when tested in accordance with ASTM E903 and emissivity of at least .9 when tested in accordance with ASTM 4080 for a minimum of 75% of the roof surface; or install a "green" (vegetated) roof for at least 50% of the roof area. Jc) Parking Garage Roofs: Provide shade on at least 30% (within 5 years) of any exposed parking on the roof. (10) Green Buildinq Practices. All development which proposes to build 50,000 square feet or more, in one or more buildings, shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. (a) At the time of Building Permit application, the owner shall submit- 4.4 - 98 SECTION 4.4.13 (F) DRAFT: 1/23/15 1. Proof of registration with the Green Building Certification Institute, or equivalent agency; 2. A siqned and sealed affidavit from a LEED Accredited Professional, or applicable designation, stating that the proposed Building is designed to achieve the required certification; and 3. A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved. (b) At the time of Certificate of Occupancy application, the owner shall submit: 1. Proof of certification by the Green Buildinq Certification Institute, or equivalent agency; 2. A bond posted in a form acceptable to the City, in the amount indicated below; a. Four percent (4%) of the total cost of construction for a building up to 100,000 square feet; b. Five percent (5%) of the total cost of construction for a building 100,001 - 200,000 square feet; c. Six percent (6%) of the total cost of construction for any building greater than 200,000 square feet, or 3. Proof of partial compliance from the Green Building Certification Institute, or applicable agency, which demonstrates the credits Presently achieved. In addition, a prorated portion of the full bond amount, as indicated in subsection 2(b) above, shall be posted based on the number of remaining credits needed to meet minimum certification requirements. The bond amount to be posted shall be calculated as follows: (credits remaining for certification / credits required for certification) x full bond amount = prorated bond amount (c) Forfeiture of Bond. The bond required under this Section 4.4.13(H)(2)(c) shall be forfeited to the City in the event that the building does not meet the for LEED Silver certification or applicable certification. The City will draw down on the bond funds upon failure of the owner to submit proof of LEED Silver certification in a form acceptable to the City within one (1) year of the City's issuance of the Certificate of Occupancy for the building. If required certification is not achieved but a majority of the credits have been verified, the owner shall forfeit a portion of the bond based on any outstanding credits which shall be calculated as follows: 4.4 - 99 SECTION 4.4.13 (F) DRAFT: 1/23115 (credits remaining for certification / credits required for certification) x full bond amount = bond amount forfeited If the amount to be forfeited is greater than fifty percent (50%) of the full bond amount, the bond shall be forfeited in its entirety. Funds that become available to the City from the forfeiture of the bond shall be placed in the In-Lieu Parking Fee Fund and earmarked for bicycle and pedestrian infrastructure purposes. 4.4 - 100 SECTION 4.4.13 (G) DRAFT: 1/23/15 (G) Civic Open Spaces. Civic open spaces are privately maintained outdoor spaces which are accessible by the general public, improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for occupants of the building which the open space serves. (1) Amount Required. New development or additions of gross floor area equal to 20 percent or more to existing buildings shall provide civic open space as follows: (a) Sites smaller than 20,000 square feet have no civic open space requirement. The first 20,000 square feet of sites larger than 20,000 square feet are not used in the computation of required civic open spaces. (b) Sites between 20,000 and 40,000 square feet are required to provide 5% of the site's area that is above 20,000 square feet as civic open space. (c) Sites 40,000 square feet or more in size are required to provide civic open space as follows: 1 . 5% of the site's area between 20,000 and 40,000 square feet; plus 2. 7% of the site's area above 40,000 square feet. For example, a site 62,000 square feet in size will calculate civic open space as follows: 20,000 square feet = 0 20,000 square feet x 5% = 1000 square feet 22,000 square feet x 7% = 1540 square feet Total Civic Open Space Required = 2,540 square feet (d) Dedicated rights-of-way and area used to meet the minimum streetscape standards in Section 4.4.13(E) do not count toward fulfilling the required amount. (2) Types of Civic Open Spaces. Civic open space shall be designed as one of the following types: (a) Green. A green is at least 1 ,500 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Greens are designed primarily for passive uses, consisting primarily of lawn with either formally or informally arranged landscaping. (b) Plaza. A plaza is at least 1 ,500 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped with formally arranged landscaping and a water feature. 4.4 - 101 SECTION 4.4.13 (G) DRAFT: 1/23/15 (c) Playground. A playground is at least 2,500 square feet in size. Playgrounds provide children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side and the configuration should ensure easy surveillance of the area from adjacent buildings and streets. (d) Square. A square is at least 10,000 square feet and adjoins streets on at least three sides. Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate both passive uses and community gatherings. (e) Attached Green. An attached green is generally 2,000 to 6,000 square feet and spans the entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on the short end of a block. Attached greens are primarily laws with formally arranged landscaping. (f) Community Garden. A community garden is 2,500 to approximately 5,000 square feet and adjoins a street on at least one side. Community gardens are land that is cultivated collectively by members of a community (See Section 4.3.3 (D)). (g) Forecourt. For civic open space requirements between 250 and 1,500 square feet, buildings shall utilize a Forecourt frontage type (see Section 4.4.13(E)(4)(d)) or incorporate additional landscaped space into a pedestrian passageway. (h) Public Art. For civic open space requirements less than 250 square feet, a space incorporating a fountain, living wall, or work of art may be provided facing a street or a pedestrian passageway. Figure 4.4.13-28—Character Example of Figure 4.4.13-29 Landscaped Pedestrian Passageway Character Example of Living Wall 4.4 - 102 SECTION 4.4.13 (G) DRAFT: 1/23/15 Figure 4.4.13-30 - Civic Open Spaces Ll s o � owo Green Plaza E:1 Playground Square l I III t i 51i Illil . I Iln I I III '1 1111 tt rlrl Attached Green Waterfront Green 4.4 - 103 SECTION 4.4.13 (G) DRAFT: 1/23/15 (3) Configuration. Civic open spaces shall be configured as follows: (a) The civic open space shall adjoin a street front property line for no less than 30 linear feet. (b) Except for attached greens, civic spaces shall have a proportion so that the depth is no more than 2.5 times the width, and the width is no more than 5 times the depth; (c) Civic open spaces shall be lined by building facades or streets on all sides. In order to provide oversight of the space, buildings facing civic open spaces shall contain active uses; parking lots, parking garages, and storage areas are not considered active uses. (d) Civic open space requirements of 3,000 square feet or more may be provided in up to two spaces; requirements less than 3,000 square feet shall be provided in one space. (4) Additional Standards. Civic open spaces shall meet the following minimum standards: (a) Civic open spaces must be accessible to the public during all daylight hours. A portion of a civic open space may accommodate outdoor dining provided: 1 . The business is located adjacent to the open space; 2. The open space provides an alternative location to using the streetscape area of an adjoining street right-of-way; and 3. The size of the area is generally consistent with the potential size of a sidewalk cafe that could be located within the streetscape of an adjoining street right-of-way. (b) Civic open spaces must be situated to allow easy ingress and egress by pedestrians. Except for playgrounds, which may be fenced, no streetwalls, gates, fences or other impediments to pedestrian accessibility shall be permitted along the frontage lines; (c) Civic open spaces must be located at the sidewalk level; (d) Civic open spaces must be open to the sky; however, open-air garden structures such as gazebos or band shells are permitted within civic open spaces; (e) Landscaping shall be arranged in a manner reflective of the type of civic open space. One shade tree per 20 feet of perimeter of the space is required. Trees may be arranged in regular spacing or in informal 4.4 - 104 SECTION 4.4.13 (G) DRAFT: 1/23/15 clusters, depending on the type of open space. Trees shall be installed to provide shade along walkways and for benches. Substituting shade trees for multiple palm species is not permitted; however, adding palms to the landscape design is permitted. (f) Each civic open space shall provide the following street furniture elements, specifications subject to approval by the City of Delray Beach Engineering Department: 1 . Seating for at least two people per 350 square feet of area. Seating may be provided on benches, chairs, or other horizontal surfaces designed for people to sit upon, including retaining walls, planter edges, tiers and other similar surfaces. Seating surfaces shall have a maximum height of 24 inches and have a minimum depth of 16 inches. 2. 1 drinking fountain; 3. 1 bicycle rack with no less than four spaces; 4. 1 trash receptacle; 5. 1 pet clean up station. (g) Fences are permitted only to enclose playgrounds. Fences may be composed of wood or metal pickets and shall not exceed four feet in height. (h) Vehicular traffic shall not be permitted within a civic open space. (i) Civic open spaces shall be designed to enhance user safety and security using Crime Prevention Through Environmental Design (CEPTED) principles by 1 . Being well lighted; 2. Having one or more focal points within the open space visible from all perimeter streets; 3. Having a clear landscape zone between three feet and eight feet in height providing sightlines unobstructed by berms or bushes. (5) Availability. Civic open space shall be developed and open for use concurrent with the issuance of a certificate of occupancy for the building(s) for which the open space is required. 4.4 - 105 SECTION 4.4.13 (H) DRAFT: 1/23/15 (H) Incentive Program: Certain incentives may be offered from time to time by 661196egi eRt ri+„ (`nmmiccinn on+inn to encourage development that advances City strateg ic,pol icy-d riven goals, such as diverse residential housing opportunities, sustainable building practices, historic preservation, public parking, civic open space, ond/nr rl°ss_oor office uses within the CBD. The specific incentives and required performance criteria are set forth in this section and may be revised or amended after seeking community input and in response to factors such as update to the Downtown Master Plan, changing conditions within the CBD, transportation impacts, or market and/or demographic shifts. Any incentives shall be broad based and applicable within the entire CDB or CDB sub-district, no incentives programs shall be considered on a case-by-case basis or project-by-project basis. (1) Residential Incentives. In order to encourage a variety of unit types, and income ranges, and SUEStain°hl° h„ildinn pr°^fir-es within the downtown area, opportunities to increase density are offered in certain CBD Sub-districts. This incentive program is the only way to obtain increases in density in the CBD. The maximum density allowed by Table 4.4.13(C) in certain CBD Sub-districts may be increased in the locations described below and mappeg-1 ^n the Reg ,leg ° G OR Se +i„n n n 13(B) Performance Standards are set forth in Section 4.4.13(H)(2). (a) DeRSity may be innr°oc°r^I ever 2_0 d i/on in the Ge RtFal GeFe 96119 dic+rin+ e R P F9 pert-IB GateEI-$9u+h riri-efi NvFE z"4ZTtre°+-a•'cc A 9_1 A A-rt h-v nm rv�z -&ttCCY 0 exnli 1diRg PFGpePtieS I.VF}h�t_Age Gq�� + i�v°neeXteRdiRg fer depth rf 1= f°°+o rr I1Gated INi+hin OSSHAD (b) DeRGity may be 0nnreese9_1 t_:4�.4°r 2!1 rdi 1arV in the Railread GeFFideF 861b_ giS+rin+ nn prnn°r+ at°rd Lei°c+ of the PEG Railread Perth ni� StFeet, •'r-and sseu+h " -eC+ {s-)-Density may be increased over 12 du/ac (up to 30 du/ac) within the West Atlantic Neighborhood Sub-district. (d) D,,..��,,e,a&Ft y may �c° rinrnrr e&Se�-y.evn thlrn rR-.Anh S ih do tffC+r cP°r r 12 (eb) Properties located within a historic district or on individually designated sites as listed on the Local Register of Historic Places in Section 4.5.1(1) are not eligible to use the Incentive Program. (2) Performance Standards for Density Increases. Projects which propose to increase density from the base amount allowed in the CBD_-West Atlantic Neighborhood Sub-district& shall ,Te°+-all G)f thle fG_I1G_YViRg Gtand provide workforce housing units. (a) Werkfern° lje siq I I� Workforce housing units, equal to at least twenty percent (20%) of the bonus density shall be provided within the development onsite, offsite, or 4.4 - 106 SECTION 4.4.13 (H) DRAFT: 1/23/15 though monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. (hl Diverse I Init Tines ni imher of di#eRent i ins siZeS and flnnr �rl—°TP �arrtucr-vr�rrr cn-r-arrr $�� r-crrra--rrvvr plans shall ho Aiailahle Ieii�n tLLr1�F nment Vein anrd three prarr.���urr-ate vrr rr— a crr�rvvv--crrrc� cc herlrnnm i inns are ARGA�2ged—&s ore a nnmhinatinn of mi it Biel uznw�arrres—arm �`^y � —ar�c�--wmurn-acrc�-r-v�--rrrar cr units Purl flats In nrnients nnnsis g of more n ie (1 inry �rr�T°Tcar�-�'vrrar't��-�r�rrvr� t� TTTg i inns nrnnnrtiGR of in tine i inns may not n er1 �rrr'ca� tith-r-vr � a�-iTr�rra�--rrv�e��e•ccr `Z r o--v�lttl:tet-Qi i snits O�bedrnnm units may not moor- 2-02 zc �rm��. zrr�vrrrarrrrs�rrv� �cccr-vvT— TT n m a v i m i i m nerGeRtage fo ri-a i t cy nesca b l i s s ec re f r pref eGt- h.� i Rg tWe' (1 2) nr fevVer eVer a miv of unit types a.AQ sires is ennui 1ragerl /n�Teen Ri iilrlinn All de4 pmerr whinh nrnnnses tc build a deRGity Jae&efthan 2-Q- rlii/ n sh II he- Q minimum 'SilyeF by the_I Initerl States (_'reen Ri sibling ('ni innil (I IC(_`R(`) Leadership in �� vrrrcccr-vcu�ca�rc �ccrcrcrn��—rrT nrl Gnn.'iLTVrrvTiim77V°-rnrtCtl QPGigR (II ChiD) stacredaaids 9F rcc�614AA°Atc I At thiQ time of Ri sibling Deerrm�r o�nn�a Gwpe�hol�ah�� 0 4. Five pereepA o 0 feet; �he fffil bend amettt4, as ipAiea+ed in sttbseetien 2(b) above, sw! be posted based en �he amaut4 to be posted shall be ealettla+ed as fellowsi fae 3. FoFfia4we o�gond. The bond required under-"s Seet4oa 4.4.13(14)(2)(e) s4all be fig4e4ed to the G4y in 04e evet4 t44a+ 04e building does not meet the for- LEEP Silver- m4if4eatian E) applieable eeA44ealion. T-lae City will dm-w down on the boPA ftwAs upon failtife o�04e owner- fellewsi amottpA f re ite 4.4 - 107 SECTION 4.4.13 (H) DRAFT: 1/23/15 If the amei int to be ferfeiterl is greater than fifty nereent (500/) of the full beni-1 amei int heni-1 shall ho ferf oi-1 in its en et y Ci RGIs t , vrTCr�nun--pc-rvrre♦tca--rri--r�� crr�Ty--r-��-rcr.� beeeme Mailable to the Git�� fy--rre.m. tl�e rfe tore of t�}C�enrJ shall ho u�� �urtuur� rr-r ti-vr vi-ra�n-crn--roc MaGed in tht-Q 'A '-.Ot-Q'i PaFkiR9 Coo F='-'Ai--1 .-ni-1 oAr kt-Qd1f9F hinYnlo a.Agd pedestrian infrostn Intl ire purpesess. (d) D61blie Darkinrr All dtQP nment which nreneses tc build a r-IeRSit!4 gFeateF than 2!1 ilia/ten shall pFeyide a plan to nr9Vide 1004 mere paF! inry s aGeea than the y ni 1nt required, aeg�?ih�ttGtht-9 aeeReraI ni ihIie nn an hei irly er daily basis y (2) Glass_A O fire Inrentixes. .1A vra2FtG eRSUR-9 tk}� rd�T pin area 0 4 effiee uses may he available three gh si ihseq lent aetien by the Gity rCT Gemmissien with eartieieatien by the Pelray Reach GR ineliii-line netential 0 R-9-A.' estate deVelenment partnerships ineenti�ies fer evistiRg hi isinesses to 0 releeate into the GBE) and ieh ereatien incentives o 0)(3) Approval Process for Incentives. (a) Applications to utilize the Incentive Program will be reviewed as part of a Class V site plan by the SPRAB for compliance with the regulations in this code that direct building configuration, uses, open space, streetscape design, parking location and quantity, and the performance standards in Section 4.4.13(H)(2). The SPRAB will make a recommendation to the City Commission on the entire Class V site plan before the City Commission takes final action to approve or deny the site plan and the increased density. (b) Applications must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) of sufficient detail to determine that the applicable development and performance standards are being met. 4.4 - 108 SECTION 4.4.13 (1) DRAFT: 1/23/15 (1) CBD Parking Standards (1) Purpose of Revised Standards. This section provides modified regulations for off-street parking and bicycle parking within the CBD. These regulations recognize that the downtown is a compact, interconnected area with multimodal transportation options, and that improper placement of parking and mandatory duplication of the parking supply on each building site separates the various land uses from each other. This separation reduces the viability of the mixed-use districts and harms the walkability of the streets in the downtown area. These regulations reflect the needs of the urban, mixed use downtown. When in conflict with the regulations in Section 4.6.9, this section shall rule. (2) Minimum Number of Off-Street Parking Spaces. (a) The minimum number of parking spaces required in Section 4.6.9(C) "Number of Parking Spaces Required" is modified by this section for use in the CBD; Table 4.4.13(K) identifies the minimum number of off- street parking spaces required per use and location. Medical Offices, call centers, and any other uses not listed in the table shall use the requirements in Section 4.6.9(C). 1. The Atlantic Avenue Parking District is mapped on the Central Core Regulating Plan (See Figure 4.4.13-5). 2. Alternative Fuel Parking spaces are spaces provided on-site, clearly marked with adjacent charging stations for electric (EV)/plug-in hybrid vehicles (PHEV) and golf carts. (b) The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. (c) When the parking requirements are applied to new development or expansion of an existing use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (d) Properties Tutted e tside ofthe Aflant+s-yAven„o DorkiRg Dic}r�less than 65 feet in width are not required to provide off-street parking., except for restaurant and lounge uses. (e) Properties located P+f;ra vfthiz At1;;nrt0r_ A tQn11° R FkiRg DiStFirut within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link station (See Figure 4.4.13-5) are not required to provide additional parking resulting from a change in use, except for new restaurant and lounge uses, within an existing building, provided additional floor area is not created. 4.4 - 109 SECTION 4.4.13 (1) DRAFT: 1/23/15 Table 4.4.13(K) Minimum Number of Off-street Parking Spaces Required in the CBD Commercial Uses Hotels/Motels' .7 space per guest room plus 1 space per 800 sf. of meeting rooms and shops Business and Professional Office <10,000sf 1 space per 500 sf. of net floor area Business and Professional Office >10,000sf 1 space per 300 sf. of net floor area Retail and Commercial Uses 1 space per 500 sf. of gross floor area Restaurants and lounges (including those located within hotels/motels) NOT in the 6 spaces per 1,000 sf. of gross floor area Atlantic Avenue Parking District Restaurants and lounges (including those 12 spaces per 1,000 sf. for the first 6,000 sf. Plus located within hotels/motels) in the Atlantic 15 spaces per each additional 1,000 sf. Avenue Parking District Residential Efficiency Dwelling Unit 1 space per unit One Bedroom Dwelling Unit 1.25 spaces per unit Two or More Bedroom Dwelling Unit 1.75 spaces per unit Guest Parking shall be provided cumulatively as follows - For the first 20 units .50 spaces per unit - For units 21-50 .30 spaces per unit - For units 51 and above .20 spaces per Live/Work Units 2 spaces per unit Alternative Fuel Parking Spaces Residential 3% of Required Parking Spaces Commercial 3% of Required Parking Spaces (f) Properties located A, tside Af the Wlaptir_ 4voni e R Pking DistpinQ within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link Station (See Figure 4.4.13-5) may opt to use the in-lieu fee option provided in Section 4.6.9(E)(3) up to 50% of the required off- street parking amount, except that restaurant and lounge uses are limited to 30%. (g) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required vehicular parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). 4.4 - 110 SECTION 4.4.13 (1) DRAFT: 1/23/15 (3) Location and Access to Off-Street Parking. Parking and service areas shall be accessed and located at the rear or side of the building(s) whenever possible. (a) Location 1. Parking is not permitted in front setbacks or in side setbacks facing streets, parks, or civic open spaces. 2. On Primary Streets, all parking lots shall be located to the rear of buildings. The SPRAB can approve alternative locations where parking in the rear is inappropriate or impossible and may require special perimeter treatments to protect and improve the pedestrian experience along the street. 3. On Secondary Streets, parking lots may also be located on the side of buildings provided the parking is screened from view of the street by a streetwall (See Section 4.4.13(F)(7)) and landscaping as set forth in Section 4.6.16(H). 4. On Primary Streets, parking garage levels shall be lined by another use permitted on Primary Streets for at least 20 feet of depth. (See Section 4.4.13(C)). On Secondary Streets, parking garage levels not lined by another use shall be screened by a building fagade that meets the architectural requirements in Section 4.4.13(F). 5. Offsite parking arrangements may be provided in lieu of providing on-site parking as set forth in Section 4.6.9(E)(5), except that the other property must be located within seven hundred and fifty (750'), measured along the closest pedestrian route between nearest building entrance and nearest pedestrian garage entrance. 6. If the required parking is not or cannot be provided on-site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. 7. Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. (b) Access. In addition to the standards in Section 6.1.4, the following standards apply in all CBD Sub-districts: 1. On Primary Streets, alleys and Secondary Streets, when present, shall be the primary source of vehicular access to off-street parking. Alleys may provide access to parking lots and garages and function as standard drive aisles, provided public access is maintained and 4.4 - 111 SECTION 4.4.13 (1) DRAFT: 1/23/15 access to all properties adjacent to the alley is maintained. Vehicles may back out onto alleys. 2. When neither alleys nor Secondary Streets are present, primary vehicular access may be from a Primary Street. In the instance that site constraints necessitate access from a Primary Street, and the provision of an access drive precludes meeting the minimum building frontage percentage required, the Planning and Zoning Director may administratively allow a reduction from the minimum building frontage in order to allow vehicular access to the site. 3. When an alley is not present, bicycle, pedestrian, and vehicular access between adjacent parcels across property lines is required, and shall be accommodated within the site layout. The first property owner to develop shall be required to make an irrevocable offer of cross-access to the adjacent parcels prior to issuance of a building permit. When adjacent property develops, a reciprocal offer of cross-access is required, and the physical connection shall be completed. 4. Parking lots and structures shall provide pedestrian and bicycle access directly from a street. In addition, pedestrian access may also be provided directly from a building. 5. Buildings with more than 250 feet of street frontage shall provide a pedestrian/bicycle passageway at least 10 feet wide connecting rear alleys and/or parking to the public sidewalk. The passageway shall have transparent windows covering at least percent of the wall area and the incorporation of storefront windows is encouraged. 6. Public sidewalks may not be deviated to accommodate drop-off or valet parking. (4) Bicycle Parking and Facilities. Bicycle parking and facilities shall be provided within the CBD Sub-districts. (a) Minimum Number of Bicycle Parking Spaces. Table 4.4.13(L) identifies the minimum number of bicycle parking spaces required per use. 1 . All non-residential uses over 2,000 square feet shall provide at least one bicycle space. 2. For mixed use projects, both the non-residential and residential requirements shall be provided. 3. Bicycle Parking requirements are applied to new development, expansion of an existing use, and changes of use. 4.4 - 112 SECTION 4.4.13 (1) DRAFT: 1/23/15 Table 4.4.13(L) Minimum Number of Bicycle Parking Spaces Required in the CBD Commercial Uses Hotels/Motels 1 space per 10 guest rooms plus 1 space per 5,000 sf. of restaurant, meeting rooms, and shops Professional Office <50,000 sf. 1 space per 2,000 sf. of net floor area Professional Office >50,000 sf. 1 space per 2,000 sf. of net floor area; 50% in lockers or inside storage area plus shower facilities Retail, Restaurant, and Commercial Uses 2 space per 1,000 sf. of gross floor area Residential Residential < 50 units 1 space per 2 units Residential > 50 units 1 space per 2 units; 50% in lockers or inside storage area Live/Work Unit 1 space per 2 units Townhouses and Single-family Homes - (b) Design and Location. 1. Visitor, employee and resident bicycle parking facilities shall be visible to the intended users within a location shown on the site plan that meets the following standards; a. Provided in a safe, accessible and convenient location. b. Located within 300 feet of a main building entrance. c. Does not encroach into the minimum streetscape area (see Section 4.4.13(E)(2)). d. The Planning and Zoning Director shall review the location, design, and details of the bicycle spaces as part of the site plan review. 2. Shower Facilities. Offices greater than 50,000 square feet shall at least provide one shower and changing facility per gender. The changing facility shall be installed adjacent to showers in a safe and secured area. 3. Unless otherwise provided by law, residential condominium covenants are encouraged not to prohibit the storage of bicycles inside individual dwelling units. 4.4 - 113 SECTION 4.4.13 (J) DRAFT: 1/23/15 (J) Streets and Blocks. The highly connected street and block structure of the downtown CBD area is a critical component of the cultural and historic character of the city. The network fosters multi-modal options, by reducing bike and walk distances, and allowing traffic to disperse. (1) Streets and Alleys. Within the CBD, the following standards apply to streets and blocks: (a) Local streets within the CBD may have travel lanes ten feet in width provided on-street parking is incorporated in the cross-section and with approval by the City Engineer. (b) Streets and alleys may not be vacated or closed to accommodate new development. (c) Alleys provide an important tertiary support system. Alleys may be relocated provided access and service is maintained to all properties and the reconfigured alley maintains public access and has at least two separate access points for entry and exit within the same block. Alleys that are identified routes in the City's adopted bicycle and pedestrian master plan may not be relocated. Dead-end service courts are not permitted. In order to meet the City's sustainability goals, alleys that are improved as a result of redevelopment are encouraged to use permeable paving such as porous asphalt or concrete, subject to approval by the City Engineer. Development on property along side an alley shall provide street lights as set forth in Section 6.1 .5. (2) Analysis of Traffic Circulation and Access Points. To minimize impacts and coordinate traffic circulation, a professional study that analyzes options for internal traffic circulation and distribution to the external street network shall be provided for proposed development that meets one of the following criteria: (a) The development proposes to move an alley; (b) The development is located on a block that does not have an alley; (c) The site is two acres or more in size; or (d) The site is located along the Intracoastal Waterway or a waterfront park. 4.4 - 114 SECTION 4.4.13 (K) DRAFT: 1/23/15 (K) CBD Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to and approval by the Chief Building Official for a Business Tax Receipt. (2) Site Plan Review and Appearance Board (SPRAB). For any new development requiring approval under Sections 2.4.5(F), 2.45(H), or 2.4.5(1), approval must be granted by the Site Plan Review and Appearance Board (SPRAB), unless the property is located within a designated historic district or is individually designated (see subsection (3) below). In addition, the SPRAB has the following authority within the CBD: (a) Modification of building frontage and setback requirements by waiver in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. on properties that are not located within a Historic District or Individually Designated Sites as listed on the Local Register of historic Places in Section 4.5.1(I). (b) SPRAB may provide relief from the additional setback required above the third story for building entries, lobbies, and vertical circulation areas configured as tower elements consistent with the architectural character of the building. (c) Determination of compliance with the Performance Standards of the Incentive Program and provide recommendations of approval or denial to City Commission of requested increases in density under the program. (d) Determination that a site plan design for a full service grocery store in the West Atlantic Neighborhood sub-district has compatible transitions between commercial and residential areas. (e) Determination that desirable connectivity between properties and/or links identified on any adopted bicycle and pedestrian master plan are achieved on the site plan. (f) Approval of alternative surface parking configurations for sites located on Primary Streets where parking in the rear is inappropriate or impossible. The SPRAB may require special perimeter treatments to protect and improve the pedestrian experience along the street. (3) Historic Preservation Board. Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board (HPB), pursuant to Section 2.2.6(D). For these properties, the Historic Preservation Board has the approval authority pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1), plus the additional authority described in subsections (2)(a)—(f) above. 4.4 - 115 SECTION 4.4.13 (K) DRAFT: 1/23/15 (4) West Atlantic Redevelopment Coalition (WARC). Projects located within the West Atlantic Neighborhood Sub-district shall be reviewed by the WARC for consistency with the Development Standards prior to review by the SPRAB or HPB. (5) Pineapple Grove Design Review Committee. Projects located within the boundaries of the Pineapple Grove Neighborhood Plan, as mapped on the Central Core and Railroad Corridor Sub-districts Regulating Plans (See Section 4.4.13(B)), shall be reviewed by the Pineapple Grove Design Review Committee for consistency with the Development Standards and compliance with the Pineapple Grove Neighborhood Plan prior to consideration by SPRAB or HPB. (6) DDA and CRA. All development applications under their purview which are processed through the Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency in sufficient time to allow for review and comment prior to action by the approving body. (7) Conditional Uses. Conditional uses listed on Table 4.4.13(A) may be considered pursuant to the provisions of Section 2.4.5(E). In addition, the following regulations apply: (a) Drive-Through Facilities. 1 . Drive-in or drive-through restaurants are not permitted within the West Atlantic Neighborhood Sub-district or on Primary Streets within the other CBD Sub-districts. 2. On Primary Streets, drive through facilities serving banks and other commercial uses shall have the drive through window(s) and stacking area located behind buildings. On Secondary Streets, drive through facilities may be located to the rear or side of buildings. (b) Gasoline Stations. Gasoline Stations are not permitted on Primary Streets. In addition to the standards in 4.3.3(J), the following configuration is required. 1 . A ground-story shop must be located along a street, with the gas pumps located to the rear of the lot as illustrated in Figure 4.4.13- 31 . No more than eight dispensing locations are permitted. 2. The shop shall have the primary entrance facing and directly accessible from the street; an additional entrance facing the parking lot is permitted. 3. Gasoline Stations may be one story in height. 4.4 - 116 SECTION 4.4.13 (K) DRAFT: 1/23/15 Figure 4.4.13-31 Gas' Shop , (c) Wash Establishments. Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Primary Streets. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. (d) Automotive Repair and Detailinq. Automobile repair and automobile detailing may not be located north of S.E. 1" Street or south of SE 6th Street, extended. Conditional use approval may not be granted for a new automobile repair facility, or for the expansion of an existing facility, unless it is specifically demonstrated that off-street parking is available in accordance with the requirements of Section 4.6.9. (e) Additional Application Requirements. Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. (f) Modifications. The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: 1. Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. 4.4 - 117 SECTION 4.4.13 (K) DRAFT: 1/23/15 2. Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. (8) Waivers. This code allows consideration of two types of waivers: (a) Section 2.4.7(B)(1)(a) authorizes the waiver of certain regulations irrespective of a property's zoning district. Those waivers may be considered within the CBD in accordance with those specific provisions. When reviewing applications that include waivers that can only be granted by the City Commission, the Site Plan Review and Approval Board and the Historic Preservation Board shall make formal recommendations to the City Commission regarding those waivers. (b) Section 2.4.7(B)(1)(b) authorizes the City Commission to waive certain other regulations that no other official or board have the authority to waive. 1 . Within the CBD, that authority of the City Commission is limited by the following restrictions: a. Building Height Waivers. Waivers to increase the number of stories of a building may not be granted. b. Front Setback Waivers. Waivers to decrease the minimum front setback depth are not permitted if the reduction would result in a streetscape that does not meet the minimum requirements of Section 4.4.13(E)(2). c. Sidewalk Width Waivers. Waivers to decrease the minimum sidewalk width are not permitted in the CBD. 2. Within the CBD, the following standards shall be used by the City Commission when considering waiver requests, in addition to the findings in Section 2.4.7(B)(5): a. The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. b. The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. c. The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/ pedestrian master plan. d. The waiver shall not reduce the quality of civic open spaces provided under this code. 4.4 - 118 EXHIBIT B SECTION 4.4.13 (A) Purpose and In+�+• The (`antral Rllsiness Distrint (GBD) �o Distrint is w�-ra--r�TC �nc�vcrr �r.� ��acrtvr�� e6 lishend iP A_Fdder te preserve_anGGGt thG n1�� oI onrl hicte- I�peGts nf dnYAi nt�Ain Dray Rea nh and siml ll�}ee sly pFey 0.rlo for � timl IIAtinn .�nrl ati�av-rT v-r�v Delray _R acr�arra�rrcrr T crrrrcrrcrcrvr�a-r•rcr the GBE) Dist is nnnsistent with and imnla�}�S in part (lhia�+tiV8 G A of the and GB E) rcrrr-vrrm arra�rrrP r �i part, rvr crn rcr Use Eleme t of the ernpF hensiye Dlan The GBID nist Ct is geT all applied to V.7� TT �rr��a-rTrn .�.v-v-vrs terrltnn/ deninted in the Gnmmernial (mere desigRatinn nn the Fm--,t--,Fe Land Use Man Th�pa e S rlesnr�lh�Ct�ki°In ei rlrl shnYein in Cig11re 4 4.13 F 4.4 1 2 A PPI 4 4 12-v r.4.Aater Dlan [Amd Ord. GA_AA 11116104]• [Amd Ord. 21_114 5I41 AA7 opm+ral Core Thy T_ regulat'Ieps aTlei�'fTCGeT�Tari in rleVelnPmeRt .r 7 — – }� _ that preserves Lice – dnati�v" T a n's�riai''c — �= — Ga�Eale while CBD RC d� �i nrmmGtinrr a halannerl miv _ � of 1lces that will helm the area e.,nl.,e irate a '" =_T1 tF F ailCYi 6afffmr_MtQPt I / aTM 7 t dnati�Tt�ein Desirlent�al � I I t`�` 1� vr1r��.�n�crr T deyelnnment is permitted �� fl at higher densities in this 1 – area than anTi other mart A-f tht:pity, GFdeeF tl7 cr n estrian orient vn rr F �– g FE)W ti-r–Ltt�t��n i i IwTri–�ci n i –_ - } I Ord. A m rt � z r 514104] 77 c i -�- CENTRAL CORE _ CBD{CENTRAL BUSINESS DISTRICT}AND CBD RC "I T .. i (CENTRAL BUSINESS DISTRICT-RAIL CORRIDOR)ZONED DISTRICTS 4.4 - 1 EXHIBIT B SECTION 4.4.13 4.4 - 2 SECTION 4.4.13 (A) Q nh Ar The Beal fer o .ter " eFye app-1 enh.-nne a nh �r�nter of oe aeacrrrcrea��c-gvarTVr ��r22-F�t�--�ScrPC-crrTC�crn�arrc� ���urucrcrvr areasores ni ihlin nenrli}inn of thf-9 nh the vitality of its venter, add no�-ol , rart�-cv-rTCrrrrc,rn--vr- �.-a�cr� rc9--v�--r���crrr , arrc� ur b6imidoRgs are separated frem the pedestriaR ways by wide !andSGaped areas, the �c 16 nneiiraged. [Amd Ord. 71_04 514104] \ ,r, IJ ' 1� 1 ,i 1 PPST i i �: >✓r. v � _ 1 BY iliE SEA I = GRPSY£NPR Ps. MANOR HGUSE' 1� I ' u � _� 41-..,, �APIAZAC PARKANS , CONDO �: � COROP s�iAO IXbVOP I I li I � scNOOt I I�I.I �� `III I`�m ' CW1D0 I I.. RESORT I MAFRIOTI ] a SPUARE III.,, V ATLANTIC AVENUE �� 0 TT 1J-1L I, '—1fl 7IT FF I aBa 1 I _� tWAMERpAt ;I 1 Ll TFT - QNOO 1 ney _ � TONEFS I I I l I�I 11 111 f I IT CQY00 I I IL — � Y s 1 - --+�- BEACH AREA G PFi PA'RFA,F.Fi_ CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT , v? Figure 4.4.13-2-- Qo°^h A r°° 4.4 - 3 SECTION 4.4.13 (A) 1�-rA/e�rAti-ant-mr- avenue wl hherhe l The geal fvrthm.6 area to preuiplo fer Dl An rlrA Ain Beal �A �o �n Tho emphasis io rAn rlar� vvv rr tan--rvrcrr� a� T—h IQ ��Frl-ra�l��»r the iR"'y hhnr�d� as eppesed te o rp J inn"o^l' area� are Lonrnn-a1-page ' [/ md Ord. 604 1 ''!cct04] �. -ft FF IL r � � cnsOry . �_ piURCH _ EL0.EAIENPTaFY - - SCHOOL � I� cc HH 30, Y I�■ l- ST�IRdI I�IR W nvnN. 7 ATLANTIC AYENYE ®HE » T>- a _ JI --+�— WEST ATLANTIC NEIGHBORHOOD c j�—V Dc—,�L CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT ll .�s bM IG .:'A�M hli Figure 4.4.13-3 Neir.hhnrhnnr! 4.4 - 4 SECTION 4.4.13 (B) /R\ Drinninal Uses and alln�n/erJ Strumtu-res�P tted- The n types of 1se are yyi}hin the GRl lit}rin} as orermitted use. ( I) General re}oil i ices anrd/nr faGili}iec inGli irdinn but nn} limited }n• fAmd Ord. 35-40 10119110]; [Amd. Ord. 2-2-99 71-2019-91 (a)Antiques, arts an/ Gras act$mn�2-�IS�haL geeds�bG G�kG Garnct anrJ flnnr \/erinn Gh beer, wine line er of n arra--ncrvr��PCrn-rc�, �a-r�S�sa. , , zrv�r��-rr�tttirT------ Gvi FRetGG meats draper an/-1 slinnn\/eFG nharmaGies etect�{saA.' fixtures anrd supplies, fahrinc fish flewers anrd plan}c fruits anrJ rm ti,.a�..—�,.arra-��ppTrca�c��rrc.»r.�n�rcrvv ,�n�n�—arrcr vegetables, feed, garaeR supplies, gifts glassware, har/-1v/are owns na�s hnme fi irnishing j iGe GreoawR Gape oni T n lea aeedj luggage, FRe in.AI An/-1 si�rrri��pn1 Ij,�,�yon}�„�„�,���+ an/-1 m11sin.�I „�tr�Fmer�ts,�ruatiGal supra, effino fi irpoii1�f�� n �T p1` j "mr�on}�nsun n e� -sr nets anc pet supplies, nheteg Fanhin ent-and 661pplioa spjy _ sunn lies,�vrtRg gGeds, teys, Par-aringoapparcl arunvess ries,, annlianGe�c bmG\ GTlea, b cr.sinnress maGhine�s i WGI FY: fAmd r Ord. 35-11) 7019170 • fAmd Ord 2-2-99 71 } (2) Ri 1sinesc Drefessinnal anrd Ntlerlinal uses pursuant to res}riG}inns se} fnr}h in 9cr 4.4.13ru\ +fig, but P ± lr limited te1 fAmrJ Ord. na-v-10 7 c01107; fAmd Tai--1 R t r icrry raeGG-rat i R g,,-FR e i n.-I a rl/-1 GI UQ R to l G lam'r„ram:rcc i n.A I a rl/-1 /1°a-R tAi laaberraatu-i�? nhn}nnranhiG c ins print n anrJ ni ihlichinn hi ici ? err° � ,pri R "erg, b , imed.mGal anrd nrefessinnal effiGec [Amd Ord. 09-10 d. 7/20110]; fAmd ^'AA s Or 2-99 7120199] (3) Cer\/IGes anrd faGili}ies inGli _inn but nn} limi}e/-1 � r }nT• (a) ^61G}i� barber an/ -beauty an/ salo nrs Gater erS�dry GleaRiRg Ir'i.Mite nn_sitG 6ing;nvrG616te{Rer niGLiin nnl\/ dry Gl lab in/-Ir\/ niGLi in statGRG lab in/-Irnma}s limitadte GeV sep4iAe facilities net "'rnnminn restauraRtj GXGli irdinn rdri\/e_in arld rlri\/e_t�-ni in �t ,onr GLAfeG nr tamiI /•/•Y n a/+GGR1S \/E)GG Ii.m TCed te arts aR4 Grafts, business, beauty, 'nn"inn, d'ri'vinn gYmnuT tFGv, nhr n tronrhry_-, FRGdlinr An karate ii de small item repaTir, .dreRtal of spe ru geeds a-rrcdrp�pRt (CLInIasb i I} nn} Iimitf9d hiG\/GlG6,skate&- heegie beards). With ecGen}inn of hiG\ Gles Yyi.tCh aarn- e�G tr ,-h T ef mntG♦ ac rJ n in ceG}inn 77 rrry -crscr n rrc.rn--rz-(v 1 2, Delray B , all repted spertiRg--geeds muSt be nnv-.p-mvteriie fr-[aACmd. Ord. 3611 10118i11i• fAmd Ord. 15-AR 4r2g} /h �lller� hrea/-IG.;s} studies, b6tGheF GhGGPG, GGGGktail Ini inrres eXer�e TaviT0t.e S e.g. gyims , m 6isse6irms, rRewStands,, GnmmerGlal nr ni ihliG narking lets an/-1 narking garages. /G\ P6 1191"G nnen snaGe plazas [A mrl Ord. 37_09 Q14.1 4.4 - 5 SECTION 4.4.13 (B) (4) GCG $r— °�t14tt'�A tfG Neighberheed n r R e s r__hr-via���n��GFG denClt;J tW elling ,inits per afire [Amd Ord •10_•1.1 4/5./'1'1]5 [Amd Ord. 44_04 •17 I7L:I`0A`]• [Arv�r1 (lrrl 8_98 2T14198]• [Arv�r1 (lrrl Q0_9C. 7' C./QC.7 7 7 _._.�_�.,_] �p�,., (5) Hnt�, rrvtels, anand- r°caid�r�I_t i G ORBS �G°pt Orr—Li-Fl�p-St tQTnr N hhnrhnnrl [Amd Ord. 7740 7/7n/7m• [Amd Ord. G4_04 111161043-5 [Amd Ord. 9_90 21174Q7 (6) Assisted LiViRg CanilitieG, Aliiroing Hemeo, GGRtiR g (m linare Car•Illtleo , ,App}n a maxim,im rl�#er�rty (30) i inits per onro GYnon�.tt-Q %Aioc+ �+Ion+in rc. ci--a-cr� � v-P�.���crui-rcrc ,inito per anre [And QFd 10_ 1 4151117• [And QFd 0140 1/19/10]• [And QFd 20_ (7) Rcc "rRd Breakfast-lid, eXGetc irrLtFl Wi rt 4tlAptnA Nleoghhnrheed, 0 ccc to the pre a�SGRSof r entrirnrp r . [Am d. f1Yr 11_10 7170110] when a port of, nr aggessnrY to, use- (1) the nringinal Darking Into (2) Refuse and sepiige areas /Q\ Preyisiep gf sepiiges and repairr of items ipnii-lept.al to the prinnipal i ioe (4) Ctean veeTp���eit �niiLiIiTr-the soR;G 6tF6lCt6lR_Q A-6 vhP_.FP_ soI'P-vT o'er /r.\ A single family residGRGG, either Sparyte�Tthi..p a 6tF6lt6le hniicing o employee of a b isipess enterprise gnarl,igterl nn the property. (6) Rer•reatlenal fanilitieo .attepi-l.ant to .a multi family resm.plepti ., Pleyelepment , o,ir•h as nn,arts o�eiimming nnnlo ernise ar a rnnmo [AYnr1 a�crr-ate � �svzrn�, , �c-rcr.��ar��, c�t♦��-vvrrr��rCnTCr. QFd. 80 9_55 1-215-519-5-51 (7) Single level meghanigal parking lifts far in-fill rleyelnpment prniegts that SeGt�s T6.a/n\�r'n�6.a(C_)(T) [Amd nYr! 07_08 708]; [Amd QFd. 347 (8) Family day mare herne ,it 6iaRt t 9GGti )R .3.3/1\ [AYnr1. Ord. 255_10 1 Al 911A] 4.4 - 6 SECTION 4.4.13 (D) /fl\ renrdi+ienal Uses and S IG+I�y+ A hewed. The fell n eiinrr 1 i000 .pro .;I�Pi ac Gnnrli+innal 1 icec Iniithin the (`Rfl flit+riG+• Ct�—FFi II CI CTCII 41 4/-8,€R-'A.41-0 ���8,€�€!l [A mil llril 10-_11 A/5./117 [Am il llril 70-_0-2 0-/1 We] D'•'C CC 1 CD G�TTIIIQ. DI Q. 1 D 1 1 TI OI 1 ITQ. DI Q. iV DD TI 1 OI VG,7 /1\ AM gtQrnan+ name fanilities I�nit��te �(�Ghvrr-a�°�—e�S aam —^ �T GGTTIITT , ir h°° (2) Child Gore anrd adult y Gage /3\ CinanGial incti.tut.A—A.S e.g., hanLc anrd similar ins+crtl t � inGll irlinn rlri�ie +t h r ugrhrfaGtMttC6 S{ia a R t tc f°catFil rtibh YSS tat.f.Ft.h. r. 9 G Gtic n�T3/H\/'I\ f A m rJ Q r d 45_136 91191067• fAmd Ord. 713_134 11411) /4\ CI inerGl hnmeo inGII iilinrr aGGeoonr�i Uses, of iGh .�p�erl' ateFy, crag-Trvrm� vl-y--a:��.��acrra�, TTGr � arrcr+h r ILe fAmd lrr 70_04 1141w057 /F\ Gaoeline o Irmo nr a r-dionenoinr-1 of gaoeline i-lireG+hi in+e VehiGleo evGept da�vrrrrca��tiv7TS-�Tr��P Tn-rc-cnrcccr���-rcv�crTrarca, cT�c�i + sq iGh Imholl nn+ he ;;llpyved in the \N/sjt .4.tlaRtiG N hhnrhnnrl the , PiGtFiGt, rPGF Gorni 'A-tj YeihiGh frnn+ aInnrr At'Apti�P 131 ie nr AI C 7��P 131 wQ ( /L/ Dinp p�GFeye Way) h�t a nnin+ 105' euth of 4 CtK e+ fAmd �lrr1 � , '�o crtrr'�orrn W.E.. � 713 rt4/n57• fAmd lrr 64_04 111161047• fAmd Ord. 7T120T9�97 /F\ sstal bhlchimept5 a5 beyyiinn alleys, gym-as.urns, health spas miniature nnlf Gnlircec skatiRn rinks fAmd Ord. 70_04 •1/4/05.7 apu.��Trrrrrer hem--vaars��reer cfl�l-rrea. TrwJ /7\ GliniGO fAmd Qrr1 70_04 X1 •1/4/05.7• fAmd �lrr1 4_91 0212"61913 , /Q\ Mewie t#eteFs, eXG1 irdinr•1 r-driVe ino [Amd Qrr1 70_04 1/4 05] /Q\ Dlayhel ioeo r-dinner anr-d nl Geo of o hhi fnr Gnmmernial ���--rTayrrvun�,�rrrnTCr— �t��, a�-rc�pr�cc��r—tea crcraT nlirnnoeo / GGRGeFtG, love gerfermanGeo\ fAmd QFd 70_04 11 /4 05.7 /1(1\ Pea mark ha are merGhanr-dioe mar+o anr-d oimilar retail used fAmd ca-Trl-arrc��u��ara�-rr arcs, �t�l--cr.:uca�rrrcr. Orr1 70_04 1141057• fAmd Orr1 5.1_0-7 10177 /1 1\ Wash with a6tu ac+i�GIp:i GhaniGal ovot o nnhi, fn—.P , �Ag h minimum Int� Z fAmd QFd 70_04 •1/4/05.7 fAmr1• f1rr1• 51 93 thiFty /r2(1\ 1 ini+c per a-Gre, nn nrnner+9 Irr�ma+r ed- se u+h o�f n -z�R Street anra nrnr+h of S.E--. 2Rd Stre�6I ihieG+ +n +he .-Girl limi+.-+inno of CeG+inn 4.4 1'2/i\ fAmd QFd 47_ 11 7/Z/177• [Amd Qrr1 •10_•1.1 415.1.1]• fAmd Orr1 70_04 1141057• fAmd Qrr1 5.4_0.1 112010.17• fAmd Qrr1. 2_512 Z' , 1021 �.�.ww /13\ Gre in Home Tine 2 anrd Gemml inity Decirdent�I Hernec nl ircl ion+ t61 �+ , era c rr c �crr�ra-crr-r� rr°ca 5 oeci fG—ah OR 9GGtiGR 4.3.'3/I\ fArr�r1 Qrd• 7n_n4��4rvd7 fAmr1 Ord. 2301 4.4 - 7 SECTION 4.4.13 (D) (14) (14) C?estai irants, GGGktail i inner Het and ResideRt�I Tine Inns may GR.fI"aTITJ, T �1TP , aTTQTTi J11T �T'fGr� 4.6.9(Fm)(3) [Amd nrr! 70 04 11415]• [Amd. nrr! 37_01 71101011 y� , y� (15) Drigie in nr i-Irigio th-n61gh FecstauFaRCG r'��Ft lGcar Ye .lh.MP-Lhp \v/pqc nt `Tnr},lemghbnrheed [Amd QFd 70_04 114105]• [Amd QFd L.`A_AA 1.1/•1 L.`/AA7 (1T r6) Hetels,, metelJ, ana�-d- RaasideRtial_type iRRcu nP Fty IGGatfad yiiLi-IiTrlttl: \A�-i°cat Att22RtiG hhnrhnnrl [Amd Ord. •1.1_•10 7/`0/•10'1• [Amd Ord. 70_04 7/ /1°°T I [Amd Ord 64_04 11116104] (177) rCTeat ding nr m0489-1 1-16-8 �r ITdeV Pm Biding rosii1�� T twelve (1 per a�GFG, b6Ft Pet exna��n 30 i inits per anre nn nrnnerty Innated � c�°°�c��c'—cr°'�°ri�T°Pcrry-�vCCrc 9GGtzicR 4-4.13(1) [Amd. Ord. 47_•1-11 /'�/7')7•s [Amr Orr 1011415/11]s • [Amd. Ord 71/07]• [Amd. 1rr . 70_04 1/4/05]• [Amd. 1rr . 04_04 11 /1C/04]_ (18)Be r aAd- °cavrmfust lAps wit IiTrli-e Wesmc aRtmGTPaihhnrhnnrl si ibjGGt t1 thGVir_, gifl—R 9GGtiG)^nT4.3.3/y\ [Amd. Ord. 1 1_1-3 712,31 /r Q��� Anr Ini+ s h en+ +GSon+OGR .3.3 (KKK). lj [Amd. Qrr1. 73_1Q I(Vv 01 (7�IaaFgeFamiIy Ghild GaFe Hnme s''bjeGt +G SeGtOGR 4.3.3/TT\ [Amd. f1�� 2s-la 101191103 (21) S ay Teur and Segway cSales na�ont set�ferth 9GGt cR 4.3.3/7777\ [Amd. Ord. 0441 r4�d� /1\ In established ctrl Intl irec uses shall he olleyyed therein i innn annlinatinn to ani1 apprnv al hy, the (`hief Ri iililinrr (lffini al fnr an nnni ire +inn al linens- (`) Cer aRy ne`nUQVel-�nmTe��annreyal must he gr7a Rt by the site PaR Qevievi and aro Anne� nn__ee _Rear( (SPRAB) p ' S{ia�ed� s 245(5),, c.-4..v(H\Trr), aRa 2[.,(T\�� nrnn I�ated yV+t�n o desinnot hi.ste- i�J Ar i`n.i-I,i.�`i'i\i-lii.�lhi desigRatedriAmd. QFd. 0.1_•17 817.11177 /Q\ GGRditinnal i ices must - nrey ni wsi pan+ the nrn�iisinns of Cer•tlnn 2.4.5(F=). crvnur-cr���rcr.�t-�a�rvP��--parsaurr�t�crr��ry-aT.�rvrr��rvcccTVTT (4) A nnlinatinns fer nnnditinnal use approval ni irsi iant to Cer•tlnn 4 4 1 Q/T\ mi 1st he detailed site nl is by the ite PaR Reviieyy and Anneoronne Rnorrl [Amd. Ord. 2_82 2141027 4.4 - 8 SECTION 4.4.13 (E) (5) /ti\ ��T+he pr�ss fnr mnrlifino n of o nnnrli} r�p�p e�Rd to plan appreyed npura�aRtte 9GGtiGR 4.4.r3 (mss as f �nic: lAmrJ Ord. 6-9-8—2 3156 (a\ Medifiga ns t aRy aspGGt of plop }ho} �nioc o hock fnr determining tarvrvamccr � a+� crn�c-v crcrcr�g gemnllange Vyitte apploGable erfnrmonne sta rl s s h ol�ta nreGG66Ct asr, a mndifigat r-tethe r T} no se annreyal lAmd Ord. 8-98 213198] \ MedmcacrtmA-.As to the nIan }ha} do nn} aff2Et the anacati.ep--nef tht. perfermange stapdards may he Prnnecc as a site plan mnrlifino}inn (6) All deV nmeRt_ar a}iYe�4hi'iGh ed th G61gh G.mthel: the Planning and sng Beard SPRAR er HPR shall be refarretE the Qev-wnvvrr gin tG- the annreYing body. lAmd. QFd. A-1`11177• lAmd. QFd. 8_98 2131987 (7) An\/ d nment of nrener Iona s in limo t er a�,,,,� Sites �-�� a��rna�sr-vr Indi�iidi ioll�i Designated vitas oc lic} nn the LI ngol Register of Hictp-ig Rlogec in �+ �, 4.5.1(!) —cr.»�,r.•r'r �, ��.,,, H0.5tp-.Pir-- r�}fin Rnorrl n6 irrrszaas t tq vGG}i n 7 7 L:/ll\ lAw,r1 Ord. 01_1-2 8-1-211124 /C\ Development Stan 1arr1R• The dey nm i-l.-ri-lo Get forth in Common �vcv crvpnr�rvtCtIYQCCra����crcP�-rrCtt�sta���cr-rvrcri--n-rvcccTVTT 4.'2 ....a pnn�l�i�''II,, � fT hceln�ni In nose of gnnflig} yVi}hncth r onnligohle ddey pmueRtr�F#teRrs this 9GG n shall annly• lAmr1. Ord. 24_95 5116 9t ('I) LJvin1icnTc v The (- BD'is—ca geegFaphoG area in Yeihinh eXGeptmGRG tG height Feg6i!atimenpn .are c . Rt tG San+a OGR 4.3.4(j). lAmr1. nrr1. 71_04 5-141041 (a) GveFall of hi iiIdingo bG A minimum of tWeRty five feet(25') and a maxi—mum of fort i_ejh�cet (48') in het h��F=XGGPtmGR6 to the height t- rmrtat�s call nnmr��lY With SeG}inn �l `'2'�,�il(j)('2) and (4) Per t�-1 ni 1rneses of thm.q— he�}��n as the weamE tapce fc�ivm grade to t��Tghest fi�"e�d reef of irf.�ne of .a fl.a} roof, er t��offi} r«c� rr�..r ca--rcvi-��rr«cc�vr-cr•-rrcrr-rvvr,�vr rrrc a-beeye the Las} ha -bloer of a gable hop er gambrel reef. A. QFd. 6 07 315107] /h\ AFGade Height .�llll the.. minimum �r� fee} (10'), re-P1 from Shall tGTTT�. , E�l�rccr-rrvnT finished argade floor }n finished argade gelling 4.4 - 9 SECTION 4.4.13 (F) (1) (c) /n\ Peer Height shall be a minimurn of ten foot (10') fnr grei Rd flnnrc an11 a R i nm iThr h+ of nine f ec /Q'\ fnr I I n �r f �c� co I . �All r a'LI'T}e Iellging shall e_a minima im fleer hp1 h�fpjgtfeet six innhos i(8'6"\ fnr all flnnrc n�Qedlttat the lebb i' �.�n��i1"all publin reems hAlll ho e_a minima im flnnr h h e+ (1�All heights shall from finishedd fleer }e finish n Auxiliary and seniine ITfGT1JGITGT. GT.I-TfC"Pr CV�T�JI'l U C,TOT6G reems si inh as garages roc ems nlese� Ian inllry reems 1lressimr, rc�vriT��avrr-ate,�ur�a���ca ,�v.� , ,�rcaa rei„eee,1mns steFage reems,M nh l, eleGtFiGal, and nIl lmhing egi Teern�+ reemra are exempted frorm r ever r height- eg-crrla+irenrs. Amd Ord 3151071 NOTE:EXEMPTIONS TO 25 FT.MIN. HEIGHT ARE PROVIDED 48 FT. BUILDING IN 4,4.13(F)(1)(C)ABOVE. HEIGHT 9 FT-MIN- 10 FT. MIN. C'1 9 Ore 4.4.13-4 - Q O'IIIr'In 9 HeiI ght Dequimnents[Amd. Qrd. 6-07 3iW7] (2) Open CpaGe• A minimum of 1004 nnn_�i en snore shall he �v-�rvTry un--ac nFG)Via8d, GXGGt as fellewsueAmd. Ord 01_12 8-1`11127; [/f,mrJ Ord 22-9.9 711 [Arnrl Ord. 24-95 C.1�16195] (a) There shall he ne minimum ere spaGe iirem rnii n e_oreo ��.,,� � `1`^�� rr arm cr eRGGFRpassed by LwG A- in A-f original -QA-kAin }e R Dev nmen�� rity as�Grih� in CeG} rrn--81.22.2(B); withip the Din rule M ea• er east of t(�rT�tal i--n-r .�TV-v�-rvTe� �e���ca—vr—c-cr�r�vr— /h\ The hedy anting iIPGR a deVelenment annlinatinn fer a nrenerty Within the jRfl T ire that eneR areas, IRrG16 filling hi it net limited- t1 nninecaFryalas, piazzas, and IandsnageE1 be nacc i�p-]eF tee ai-I�Ttelreet and nrnYii-le relef f�thie iililing mass [Amd QFd 01- 4.4 - 10 SECTION 4.4.13 (F) (3) /Q\ Building Crent@92• [Amd vrc 6--_07 245.407]• [Amd vrc 64_04 11116404]; [Amd QFdd 71_04 5144047 (a) , b6lildiRg fFGRtage f°r .ten ins°ri�Att per+i°� +�6cRg t,rhT nrimani streeCTAinTrp—, tTh-r° minimum rplY1 lyreS;dtQ rrcn o°ur-rcr. /h\ The b iilydine freRtage fnr the nrimoni st`1�^°+�nf a nnrn°r 'At is t� (b) The vi--cr•-vvTi-rcr-rc pe+tien of the 'At i�t,� the primary street mini is the minim61 Fn v Tern--vr— � `� cr-r�.. cr-n-rrrrcr� cr-r�. r Tpryllyr�Sir•le c°+honLs /n\ The b iilydine freRtage fnr �enrdory street side of a nnrner 'At ir-the 1�7T�c-a°rtrarrr�-rrvrTCa.�.c-r°'r arrcxar�a cr-r° pe+tien of tI�9'r+ ohi ltt� thG SGGenrJcTTdaiyat�a°+ mini is +hta minima im v Torn--vr rr-aucr `� cT-rrmra� crr� Tr 1—1 M..- f�+ o °or s°+honLs (d) FreRtage and SG shall - °n frnm nrnn°r+� —Gl— SI ff —1.1r �rya i1°ilin�+i°n is FegUiFed fr°m +h° r°siil+inrr Pr°PeFty line a#i-Qp i1°ilin�+i°n ui F w L�H PH Q) I-,-Z O PRIMARY mss, L PRIMARY STREET Q ¢0 O STREET mz FRONTAGE d _, FRONTAGE wcc cn m R.O.W. R.O.W. R.O.W. C in��rn A A 1Z_C._ Q��ililir�n Frontage (a The fellewine minima im frnn+ set��j shall applly orralll-aia�.sr 1 Cer hi imidoRes Vith PeSiderrtial uses en erei iRd fleer: t°crnrfee 4c�rv7 Cer h iilyines yVilth nenrecic ept�l a�ea en te-gre nr flee—r- filie fee . � c+ / 2— Cer tb6lildiRgG f FE)nrtiRg en A 1 A er en AeinTtir, 4iP ni �th.044 the %A eSt AylQrtir °-area-d-�v°OCavrhmA Area zerp feet� 4.4 - 11 SECTION 4.4.13 (F) (4) (b) \ 17--i radar?eR to SeEti nit it 13(C)(4)(o) ohe ie fnr hiii� ARgs fronting eR A� 1 /1 /lt�ntin yeel1e in the West /ltIantin Aj hherheed and Re�nh �T rrcra--r-cPCrrcrc�rr o-�o�.rrrc rrcra--rP c-acrT DiS}aj and en 1 IG and 9F. 5th and Fan 6th AP n � 1 . LOYTGD I CVCI C Gre Rd leer to thirty seven foot /37'\• A minima im of seVenty nernent (700%) and o movimi im of ninety nernent (900%) of the b6iildin Ter e shall be set hank Re greater than ton foot /19'\ frrern the nrnnerty lino The eremaining length ef the building nollbe sethonL o minima im of fifteen foot (15') from the nrnneFty lino 2. UPPER I C\/CI C _ eve thirty seven feet (37') to ferty_eight feet (480• At ast seV t /7004\ of the frnn e shall he set h�nL o minima im of fifteen feet (15') from the nrnnerty line The ey oininn length ef the- Wv ,y i7 ` aW nemny Wit h the minimum req n W ?ebaGkj.hefn area fneonh leer nnntaiR within nnr • he GtF61ct61Fe that 06 y- Ft of seVen feet (37'\ to ferty eight feet (48') in height a„ol t l ReeXGeed SeVencT ty Pe-rrcent (70,04) of the fleer ar nentained Within the aWew ab& rrrei Rd Wel fnntnrint (G)In ai-ditien to SeGtTeR 4.4.13/C\(4)(a) abeye fnr b6lildiRgG fFGRtiRg GR ether rights_ef_way in the GBDf 1 r.zLOWER CVC C _ n Rd foor to twenty fide feet (MF')• /� minima im of seVenty nernent (700%) and o movimi im of ninety nernent (90,04) of the Wdin fFeRtage shall he set hank Re greater than ten feet /19'\ frremTr the nrnneFty line The eremaining length ef the building noll set hank a minima R; of fifteen feet (15') from the nreneFt line 7 I IDDGD I CVCI C e twenty five feet (25'\ to fert�i_eight feet z:vrr twenty (480• At ast seV t /7004\ of the fFeRtage shall he set h�nL o minima rn off fifteen feet (15') from the nrnnerty line The ey oininn length of th'1.. 7LA,R9 shall nemnl�i With the minima im req�W setbtb,�jThee frlreer reafnc„ eonh leer nnnt�R within nnr • n of he GtF6Fct61Fe that 06 i twenty fide feet /ZVF'\ to fert y eight feet '\ in height ReteXGeed SeVenty PeFGent (7004) of Chef I er ar nentained Within the aWewable rrrei lRd leVel fentnrint 4.4 - 12 SECTION 4.4.13 (F) (4) (d) Q 17--rn add-rien to SeV n 4 4 1'2/C\/4\/o\ abeye where allewedr 1 UPPER LEI-Q=- abeve feFtyeight feet (48+ At least RiRety FePG°nt (9094) of the fren}�p sbol a i�e} honk o minimm of thirty feet (300 frem nrepert,y IlKe.„The remaining I�t�h of the b l i ON' neMpy Wk the ini the uirea��HO.,}j" `J�} hlan�rea Within tht�l�7tl�r'�vR of the St-tFcttFi° MY °vn° 14Y e+cg"t feet /480 in he h� olt eXGee Afty PePGeR /50elf the leer area nentained w4hk the allewahle erei inrl Ie�iel fnntnrint //e�rrnrs 1ThT ( ' te"F tewR hem°c haying resideRti l 61ses eR all are nt Fp q` ed With Upper IeVel fFe tags and leer aF ca requ remeRts. Gre, Rd leer frentjge i a� nk r eir TmeRts ll � apply. Canh stem sha net evneed tWehie feet (120 in hQ# 7 Mei-?GateRS to the fFain-r a req61ireMeRtS m�••i••ay be p mitt��te ,�I GTIT ,r�rlrrcr ca annemmedate-stamp- " ers, eleya er shafts, lira- T°ey e1e meR#,,-, ether ne habitable e1e 1°nttG e�fr���1Gt61 a sight visibility triaRgles TT > > 4ehin6filar anness ways and utilities. In all noses thmedva iGat�lrr shall be the minimum required to annemmerdate theTaGess,aarp fe o c is of reGar�T h�dth� feet (50 \ er less shall be_exemted- fr��mrthe iii ail fFeernr a FegUWFeFH°nts�nre�yide a minima im f`i'Ve�f feet (50 trc maximum t°n feet /1 GO setdaGk is pre�a fer the nertmeR -of the building frem finish grade enty fide feet (250 in h?ght anal [7T1.1 t$�crr<y-�-rv-cTCCCT�v�rmT"'y''c-crrTCr a minimum fifte en feet (150 se nk is previdec abeve_,a heie�ncfr tWeRty fide feet (250 and aheye ferty eight feet (48 \ a thirty /�� minor i �etdank frem yeperty WE; shall o�n�n�y 4. Mei-?Gat�j to t-he free ° re �1 e}et5 may be rant by the a �,�t-a�cTeq�+r ���,�,a,-r� Site-Plaari-Review anal pp beard eF the HistOw 1-1- iatien �c-�--rcacr-PCrcrvrr Beard in erder_ t° zas that ReGTthe buiIdiRg ton the e ��'.sidewalk and nremetecGeGial irnrtera$ -�-e# of thef llewine• ni ihlru!OG sseatiR areas, safes,SG InWF°�r �--a-r � � urFr ether aT werk fer ni ihlin display, and similar F Darkinrr garages SaQcnet e minima im frem and street side° tr �setbaGks of tu°-rnrfeet (100, and a minimum WHcr e m f r- five feet (5 \ frem anY alley right a way. PaN?Rg garages mi fist nemnly With regUWements of SeGtien it G: 18(B)(I4)( ii)/il\ 4.4 - 13 SECTION 4.4.13 (F) (4) (e) 6. v. n n�vrvaiiTCUtFtri-F� tt�Lttl Fnv-R t a g e re n i s i re}�S may i b e ra R t h�i �j Site n I `u`�-CTC�-aTr ��� Sit-Plan-Revi.eei .;ni1 / pp LliotA-.in Ta Dr000r�i�}inn -�--rcacrvcrcrorr Rnard in n.Pdt-QP te- Gi.Vi.n hi iildinns6aGh as Iih T ni it}i iral faG.....es mi ininipal hi iildinrrs e}n /f\ Supplemen+al- IThe frrApr}rqtthar-k ATtQA shall be fopished }wo h paving mater t61 ima�+ �he ex��n n Tnr sirltQ niocvvAl Cs�iv�it IiR the a-cijaGG-rnr Fight f- 7 Ri iildinn and site design shall Dreyen}inn Thre inh Cn\/Irnnm n I'lesirrn /(`DTCfI\ s dards to the }en} �nvn-vnrrr�rrtAi �a-�� r�lttl:�r�cca��rcrrc pesF°3 Te 2 4 n ? �qhioll hAutQ o minima im widthhfte tae} (1 Af neli imps nr pilasters up to a maxim,im �Agi. lth of twe feet /7'\ /ti\ Carle intermor #er all hi iilrlinns shall be as, [Amd Ord 21 04 51410 (a) Tern fee} /0'\ from the property line if}here is yehi.G filar anness a�roilahle to the rear of any stF6FGt6H"e,-G /h)reeR Tee} (10') from the nrnneFty line Y.9hUQFG. PA P hint it�r �nness�j a�iai ate the rear of aRy ctrFGture Per a side interin t_�t n} (10') sethaGk is req aired nnhi nn nne /1\ side (") Bi ii l a uldiRgs shall G mpI With T9eGti)R 4.6.4(A), as a aab leTC-[a- md. Ord. 6-07 315107] 11116104• [Amd OFF- -21-04 514104] ja\ Side street Setidta sh o luri--atQ tai4e n fcn--rry mr the p rn p cy-- e r}�icrII i R e,�a rvr Of a d edina}inn is req aired frnm }he rest il}inrr nrnneFty line a#p-.p dedin.�}inn /h\�Ci� StFaiat -bliildi Tant ag and set-��LT jshall nnmnlY Wit h the Ga h �eE{H FeFR e Rl tG O R eGtFlgp4.442(P)(T) [A m.I n F d. 6-07 315107] (n) GGFrrtera1-nm' y GVrnrl'iR61e primapi frnn a setbA-A-.ca fnqtA n�T sixty feet /60'\ frnm the freRt prepeFty line nr if o d fine n is r996impedr fPA-.rAr}rfa Fe66iTtmRn PFGc�r}y-liRia A-ftt-QP dfadiGatieR. [Amd. Ord R-137 315107] 4.4 - 14 SECTION 4.4.13 (F) (6) (c) SAME DEVELOPMENT STANDARDS MAY APPLY TO FIRST 60 FT. O r 0 60 FT. 0 w PRIMARY R.Q.W. Figure 4.4.13-6—Go-mer ie+s rnmd. nra. C-n7 4f5.fQ7 (7) ReaF Seth� [nmd QFd 6 0 315107] (aa) All building flnnrs gall ho a minimum Gf eR fee (1(1') from the nrnneFty I /h\ Buildings shall also nnmnhi With Con+inn 4.6.4(A) as annlinahlo /Q\ C UntUrp,; A lln; xpd Wr hog Set�@nL rnw,rl QFd 21-04 51410 A7 (aa) Balr maxim]im of fe it fee (^ c am-)-oRte the rtQt;;r--rsr. (b) Loggias n��.d,rises abeyo the gFe 101-1 flnnr .aro��.allln�aolge l to onnrn.�nh iTrte—Lttl �tl3t cFca n�Qedthey rl ���eedlt e require buildiRg sethaAk of the nnrtinn of tho flnnr dirontly halms] it /n\ Deef Eaves may ' tbethe se bar--ca a maxim]im of fe it fee 1�7-1T°vr rmu� 4.4 - 15 SECTION 4.4.13 (F) (8) ROOF EAVES MAX.4 FT. OPEN TRELLISES AND LOGGIA4 --- BALCONIES 4 FT.MAX. PROPERTY LINE R Figure 4.4.13-7- CnrrGarhmnn4c TI� �97 T+qri Dogs}r , S� , and Q11ildinnc� addi}I.nrn to the a-b the Gal Register of I--lic�-in Dlonoc in CG/�}i n1� �hjGGt }� pFG_Vicinnc of Register`"' GT-Cl-7-flT TGTfG-G-G71TT�ri G���"-�i � i� , ri G�L-Lt.� l7TTSl7T SeGtOGR 4.5.1 . [Amd. QFd. 01 12 8121112] supplemental Requo.—__ [Amd. Ord. 44_04 11116104] (s) WiLtliR that peFi.e.p,�--nef the D hn1 i�n�rle by wmptI 4�ionI tQ.-v0- thtQ. Ie1Gst AI C `�Rd S Feett G_.r ��.,n,.,A-Fth, �t.,he 1R�bAi k4olat�Irti: peas} and C.G. `� Ctreo�rti-Fe se6ith, the parkiRg Peg--,iwern er-All nnn rGO.9-9.6.9 116eG GGn�S_tal Iran}o hn+�5 and mntel5 hlIGiReGG rn�rrrc�r�crr i--cr�c�, �C�cFr avrrcrrrc�;rrvc -arraTrrv �scrs�-rca� and nrnfessinnal nffiGOC, arna Gall GGRtGFS, Sh-aclrl _b-o nnno cna-G�O fnrr r ocaa-tv-h 1� 300 sq iaFe feet of r•Irnoo flnnr area 0-r fraG}inn r G narLiR vvv�gzr ar-c�}�c,,r-vr-gTV.r��TVV-rarc-a--vi--n-accrvrr � c-�a�rn}T�rtg, TCLLL-LL fnr Lttl:( �C�}ri-c rm--e -pe "cv.�fleeIr area, shall l--aallse inGr,TTVIIra-ce the To�"'�`nlllr^�n� eYo n��ef R ay p eVinl Teq iF' e paFkiRg WhiG•hh ay 1 , eIkrr..at pd%Ni.thin-O-11 ether nrophiGoreas of the vueR roI Gore onrl 4.6.@(G) shall apply as f er wothoR this�CQi'hJG GtTi n / _- [AmQT Ord. 0-8,13 4 6 3]• [Amd. Ord. U=09]; [4md rd. 3�-A7 9.11810-7]• [Amd nrd 64 0-4 44146104]• [Amd nrd 64 0-4 10-3]• [Amd nrd A 0-4 21610-4]• [Amd nrd 63 93 123193] 4.4 - 16 SECTION 4.4.13 (G) (1) (b) /h\ WheR the parking rppm�y�ern n+c are applied to either peyV deyelepm°n+ 1�7�'T cr-r� �""I`^" riGr-C'v cRrR..TrTCV�crca vrv-�-rrvr-rr expansion of an e34;663tFpry use nr a nhanrr° in 616e Whinh A-96-31-06 in +h° , Tpryl lyr°Yl'1°n+ of only nn° Rew marking croon° a eRe on° GXpnL shall b e-a I ricvPCtl. T-h i G eXeFRPtiGR FRay GRIY GGG61F GRGe eF- ep�y- [Amd Ord 6_01 222n/n7]5 [Amd Ord 6,3_$3 123/937 /n�rthe Feq iFe paFkiRg r n+ nr nanny a r�rn�iii-i-Q d- �TJ to nr off oite f°cG GptiGR IPPE^a i °mac a- OR 9GGtiG)R 4.6.@(E)(3) may he appi . Amr1 Ord. 21c�-1 r /��7• [AmrJ Ord 63_9-3 1112 /937 (d) Cnr all prnpeFty IGGA-ti -1 frnm CWOR 4wiQp,i° nn �eir-s+ +p AI�(SFFth }^ the/� ���+} Icc��-r c�rrr•�crcp-v�rrr�/•� }I�/���r�+cv-rr v �+ �rPGTfGftltrC'I e east, betwe°GTTCRa.p.t. iT`4t-QA, - C'I t-Q t-Q r�J }L�7 nn nor+h app-1 se i+h sird°s of /\ °n, a T-Awp crr crrarra-�vu � crtcr�a$ vv-rT A-f L�te -Plat (P.B. 1 , P.G. 3), the parkiRg,r equiremeRt#o Testa;,rr cat lishedaat 12 span°s p square zee f nrncc fleet area 61pte nn�g���d-t#en 15 `c'i•�o�n"°`c PGF 1 ,000 cn f+ of nrncc -I + T flnar� ey e�t�e-H� t2nn sqf�Wi t�t�{ie(n°p+inn of Old Cnhnnl Cr iar° The parking r°n,iir�}��} for resta iron+c in elonn° of the(`°n+rol The L fvITGT G�l.fTLTfCJ1Tr- ITQTfvri�vT CrGTfCTGR GeFe-and @°asap rea at sow (6) spaGeo n°r 1 nnn orv�� vi--r-vv�..ic1. of grnas flreeF ar ea [Amd lrr 2790-_1r 1 9r120111]• [Avr lrc. (11-09 1120109];`0/0907• [Arv�r1 QFd CZ_9Z •1.1/-' /93] �� The te��e a g-i eg eMAR r hnt°Il; narra-Tet eiithTr that nn f the (`Rfl hn,inrl°r1 h�i C�nnn ��i°n,i° nn �nir�s+ r�Ad C � the y �rTteR-rP�„ tQgt e s+�t�e R° tttl�r� St2� \N-A to A p the east a r'arra-v-Ez R d StFeet$�-�t�e , se-ti-is established at 0.7 of a span° fGF eaGh p616} rnnm nli is nn° \ /1 span° p°r 300 69 fF pf flppr ar°a i-1°yin+°i-1"+`n""h�.AWFnnms m°°+inrr Feems anhnps and 12 span°s per 1,000 square feet ngress lnirG�p to 6,000 sq. f�dthen 15 spaGeG p°r 1�yq #. of rrrnssfln�rea eves i"p`i'Itjal 6,000 sq. ft., restaurants and In,innes yVithi..p R°vt°GTnv� mn+°I nn propeFty Ionated frnm 8Win /\yelpue nn thi�ei°s+ +n AIC/CC rrrvccr-vrr-Frrv�vrcy-�accrccc crrcrc-vn w��rcvTr�v� FitP° tQ tp thtQ °s+ alleys nn nor+h anr-1 sn,i+h Gird°s of /�t��+i�°ni 1e shn�ein nn +h° uTrc�az�rr crr-arry-�vu crtcr�a$�rivvvrrvrrcrn. Tnyf I iR�teRPIet( 1 D the hoIonn° of the GerRtral Gere anr-1 Ranh /\r°a, rr+h° minima im pa rLi n Fe a °n+ is siv /^\ span°s p°r 1 ,000 sn f+ of nrncc fleet ar°ea-Qel.eted- restaurraaRts and Ina ropes �niit n e+°I nr mgtel [A rr�r1 (lrrl rt 70/77]• [A rr�r1 (lrrl 07_ vrr rr ccT-vr�-rry A',�p.� d. rd vQv--1r1--vrvQ]• [AmrJ Ord. 35-07 9118107] s 4.4 - 17 SECTION 4.4.13 (G) (1) (� (f�he parkiRg Peg uT.PerneptS f•'rcr PeSideptial aTri S; i..A rmr 6iltT°mamiiy atruGtu es and mive�lse b 1ildings shall be � fnllews• [Arr�rl Ord. �Q a�-ra--rrn�c r.�crrrcrrr����-crrr��.. �cm-vvra. • Cffinie An.'.-I-.-840@ - Ai+ • OR@ herJrnnm .-h.-elliAg - Ai+ 1.25 inanes/. Ant • Two or more bedroom ri-e-elling -mit 1.75 inanes/.snit • Guest narking shall he provided n--m--la+iyely as follo�n-r for the first 7n --Ante for- s '2'I_Fn n 7n manes/--Ai+ \�thin Tewphn--se anal Tey Rhn--se tine nleVelnnments narking magi be nr�rvvTacc in front of garage_161ROttS PFGViQe t 611nh narking Angs Pet res--I+ in the spaGG for ono --nit i Rp dinrra n�� tn�paGe of +ho other rcaaT nT�--" "f"uc�rv�--vrrc-crrrrrn cc �v uc�vrcrn�crr� --nit [Amd Qrrl 01_12 8121112]; [Amd �lrrl 37_01 71101011 s /h\ I Ora+ien of Guest Darkmnn CnareS� Guest narking snares must -he ible n �Is-rt -s pguests and FRay be nontr-lized a ann j � e� d Igo�toi1 ReeF FeGFee}-^ eatures i.t�nacP nmeRt PrFGj nt [Amd f1rrl vrr��21117]• [Amd.wrcw C 0�3 512010 3] /i The narking req�eMeRt for h--sipess .�ni-1 nrgfossign.�l gffinos ithiI4 thtQ AIlAwmRg n"n"Ir`^ j.q a t} _ ^fin a�� lichee pouf ono / I\ cr�o n�eT 300 sq. fit nef Ae+ fIn��tet-Fat. [Amd.v- rd. A�1_�1'2 @1-2ii A 2]5 [Amd.Ord. 0�1v�--09 11-20109]5 s 1 . The enpv t-rn,.p ef G D hn1-odes by Swo.-nr .4A4tQAtQ n thtQ y 86t, AIA .F=.2ndSLteet-GR the-RGFth,thGe Ir�tFaRGA-asbAi k4olat ne4•'crvvay eR the °e s .�n�laS.Ez 2Rd StFeet GR the GG 1+h• [Amd. QFd. 07_AA 3131097 2. The PGPI.A-.P F- a hr-rcth 4Pg n-cr�ic-vn thiQ. West, Ni F GtI4yen1n the east, N.E. ` Rd Street eR the seulth Geerge Bush Rhi A the nor}h• and [Amd. Ord. 07_09 313109] 3. The pertieR of the r D be-up led by S.E.5 AAienln thtQ. wtQr ,r,� S.E. en--e nn east 7nnl C nn ReFth anal C C vct�-l-�t�Fcrrcr�vn t�(.�caa� . ��vt�e2t--vrrTrn-r-crrTa--�� 4th StFeet ep the seuh [Amd Ord. 07_09 313 4.4 - 18 SECTION 4.4.13 (G) (2) (Z) West T+TI R-a7n T+Tin-, Ar leinhherheer CunnleT"Tn+RaTl I lic+riu ienq- T he - --..n+ Ren� la+...... 1 1 T. Dis r as r-fafiTn T in dGGtirnrn 4.d-6/R\• [Arr Orr 64-134�11r11r6 r/v 047 7 (aa) C` nGFGmal GtFUFGtUl-oo are limited }n a maxima im depth of 150 foot from the ulti-m—ate Fight of way of ^LtAlnTti[mr, 4w ni fie i finless the narn°el�--1 freR� e nn NP AI. fie er C VV. 5th A4eni fie AnnoccE)gamy--ase°a 66Inh as narking areas Iani-lsnaning and i-lrainage FeteRtlelpl may extend- hey 0(1 feet limit Gs lishment er nancinn of cn-a—rs�.. c--rcrvr-iTn�-r�a rrrcn-r-vr- atF6Fat6lFea he�d IF—:;Q— feet Ir FRay he Ile sisal �o nenilitien �l i ise 6i iGGt tG th9i 10rod finding6 Gf 9Gmn 45CG\ -� (b) There mi Pe atroir--tlr vn repair a n�IcaTTar vTT ee rnr�r Fc}rii Tnr�Af AAA-Ter genferming single family reGmdennes Ienate91 a minimum of IF—:;Q— feet from Atlantis 4wen6fie /g\ Civ (6) narking snages per 1 ,000 square feet essss fleeraarrea are I-equorpPI frrAr--rr°ea and nee (I) narking mane n 300 square TCeu__t of gress fleer area is required fnr all ether nnn_recirlential uses, evgent het an—«rra--rmetels ani-1 hi isiness ani1 nffines D�rPA g� sn�? fnr resirlent�l i ices ore required rates es lishei-1 in a �crcrr i--a�ca—a-rcT`"'``11``^^ �� �.r ccrrrT 9ee-Gtm,Tr4,6.Q(G)(2) rAmrl Ord 01_09 11201001. (d The na�rkiiRg e �eYllen r hotels and motels is es lishea} (\ 7 of a G ri rr rya-rrrvrcr..r-rr�.� �v�--vra ampune fed r eaGh g6leSt deem P1616 one (1) mpune n of flnnr ur°ec°r-aeve-ted- trc -hall rs,TCCtiRg rc�ree ns, venps a a— nrr r—.six (6) s7FaGeG Per 1,000 sg f+ of fleer areQeeveted tC--FestaiiFa Tcj—a TQ lei inges wothin the hotel er motel (e) if the required parkiRg � RG)t be pre iir1e n� t� A Aff-site- the in I081-1 fee GptmGR nre Vmde I R ScGtOGn [L(��\(3) magi he ape-! [Amd Ord. -21�A7/�1�1] "� /f\ Parking areas ani-1 anness ei j to narking Iets FF11-16- e InGAtGE]tthe Tear of gnmmersstrur--turess } haaye ' e nnT� Apr Pence \k4h�ercrc-lG-GaRRg pa kg tG the FGac�i-volt i-Q �ihIr�TC-vT ann aate�ethe Site Pap Revmmavv `"��`" Af pearange Rnorrl m annreye an alternate lenatien /g\ The narking r ent fnr hi isiness and nrnfessinnal effines is l J7T� ���crTr-rvr-rscr.�n-rc�� nT-ray--vnTaca�.� eeab Iishe at one (1) sea a Per 30,069• ft. fle�� .mod Orr- 0�1_09 1/70/097 """ ""I (`2) Hi6 6+r��'� Sotes, and QuiIdinng- PFGPe.-rrtFCr Irvsac with0P A Histe-Fir-- PaGeS 4.5.1(1), shall GGR;ply With the Visual C;c)rnpatoboloty-2-t;-;Ad-;-;Pd-.q- Gf SeentcatOGR 4.5.1(F=)(8). [Amyl Ord 01_17 8 4.4 - 19 • I I r 1 1 1 1 AN WHOM 0--liffill. MIMI 1 1 � ■ 1 1 1 1 ► - 1 � � 1 1 ► I � 1 . � I � _ • • 1 1 1 \ 1 1 \ 1 1 1 I 1 1 \ 1 1 1 11 1 1 � ■� �� X 1 1 I I 11 111111:,l :: 3111M TZ 1 1 \ 1 1 1 \ 1 � � 1 \ I I d ff.1 b M.M.1- 1 Awwr- ..............S. d. .d AXVAFM 111101,11�1111� .111111 MI.WE -W-- i ig MA Am- ii PIPPIN. 101......ON P.MIN N 0 PHIM 91 RAW W!ft! I! �- w ........... ON lIll F -p p 0- ....... li li M IL-Ki!RAWA FlPZ U-49A I I . . ..... MW....... MRA a A a A war.". ................ —-------- Mom- ------------- go-m- millow. . ......... 3 1. 11 NO i MOWN ir.M w"1-4 moll ►Mv .ft -11MM11,101111 NINE V 21!7ANNI-op.- -MiRmiAlpffilm. -M. 1r. k-P.MR -M. SECTION 4.4.13 (I) (2) (2) Iditm.p-.p te the stap : and requiremeRts set fer}h in r-rn-sa seEtiep twelve (121 61 Ril 1Q_AL A/A/AL7• [ �md Ord LA� L �}rol ( nr° are oc f �: [ � rr Ord. _ nn 11.11G.04]5 [Amd Ord. 8-98 213198] (a) The develepmept eferu��arrra}ricA. ..A.--desogR to ad-d- -nTC rcr°ca�tplttl: i F iG i.1i�°f ifF A-,mrl iildi A-66. et pa nnn a° several-A-f-th l�i c Ilnn.g ele T�s�P�ty in yVm..A A-yV}LTioCTnJ r rnnr shapes ' f cn nnr�?; and design elerllnTTeptss sanih aass shutters, yVi-A Aw m, llinns nc�zTVias reEcnrratove toles er similar d—isti.RguishoRg feature?. [Amr1 Ord. �1_134 514104]• [Amd Ord. 8-98 213198] (b)If the b6iildiRg inn16 ides a narLiRg g age-as-«rra�ar'aaTacell-=rtF6Fct6lFe GF VAt - t'h°.. nrinninal hi hiding, the garage eteva}i n pre iid m o�; eleP1QJ ,L .th ain hi iildinrr thF ,irrh the 1-16e. of similar hi iilr-Iinn mat°r , and nnlnr and hnri�llY1� GIGR GRtS ova T..TT ll..�.��llTTV���O, arnhi al St yl� P °nt of }inn of ,inr-I flnnr �,�e� �r—a--�o��,--ter— � n°rimeter onion°n} }n c}r°°} rights ef.,�,�,nio,.�,iis deye}°rl }n yyi-A ew displays er fv li--leeF ar a�itive--uSeu�-ttl--crJ eta.ml tia Persnna1 Ani-1 hi isin°ss s°niin° °s lishm ,.,+ °n}°r nm°n} nffin°s is ��t „Tents, crrrcrta,�n-rcrr , vn,�cca, et(��� age rnmd Ord 21_04 5141047• rnmd Ord Q_QQ g? \ cber�ffer°n} --,Am.} types sizes anP'I fleer plans are avail e vPit Trlt p deyelepFRept Ty gp a n PI t#reehepl ppp m ,i n its a Fe e n nTTCV U Fag-E r as are a nnmhina} r� nTr-cr A.d- flats. IIR pr(GG}s GRS& nforTm�nrPtaR tWeJV a (1 2) dwell i ini+s' the IFtin��e#��nn�no,rr s ie type ,ini}s may "�� 4°^d- `FO/ of he tet-al i ini}s Th°rr nn a �cmTr� �c v7o-vr �rrrc��� Try m avim,im ,TT n eFGeRtage lest li sp°d fnr nrnrests�h �� inr }w°Iv° /12\T nr fewer upit a mix of ,ini} }yin°s an—arra-6izZes is nn,iron [Arnr1 Ord. Q_QQ 2111QQ7 (d)The PF°TGG °sign shall nreate an eyeroll ,inifi arnhi}d al nharan} ri-a�-c rrr-crccrcc-crn--cvcl�urrurn�-r r ��,,.,-cr�t,-�vrra�-acr and 0 F age by use of nnmmen elemeets�et+aveep 'iIi-]i T parkoRg Win} and IanrlsnaniRgExamples of snme Teaturesthat it e i n nn ateElte Meet-L7-liss s to n i-I.a rill .A r°• f r d i n rr light n PI e�te�-F light ,.,I f i y t 6l r,a,y ,L�t�t�t�, A—rare—QeEvra-t /moo A E st°acrti�wT�Lttl: aui aT Tteat tFe'at�C '�LtFl -b lu i 1 d i n °s}r i acrn�T aTTertr[Te7�a n�Tam beeshes, shaded- .,a l ys, aR- paverneRt that ar° similar in forms nnlnrs mat°r� nr d Is as �ial:dhite4tur of ,��,Ta �Qeta�,�-�� l-iilr-Iinn/s\; fnnol Pnin}s6aGh as p ihlin or} water eteaturta,fe inta-�R-, nr+,lFt yarr-I nr n,ihlin plazas desigped °n�e °n}�� .�I�a nv rrti-pueus pedestroaR walkway; nr a of similar features that+meet-the teptet-thIss sqta",cra;d [Amd Ord 21_04 5.14/04]• [A. .d- Ord. 8-98 213198] 4.4 - 22 SECTION 4.4.13 (I) (2) (e) The dey pmen} PrnVid°c GFgmmerr—arcs oarrndler amu°-rpritimas,�cr r � ��an e s eiimmipg nnnls eXerniGe Feems stl-agee Feemrs e IGGkcerS,GGVGFG narking aarraeeS GGHFtyarrls er similar areas apdle . rA , . Ord. 8.9-8 ' 4/QArAtQA es (f�he dey amen} premetes edes}rio�TAv°yy��6 by preyidinn nnn�i °n} ann866 from resii-18p1 11pi}6 +G°TlT n hlin 611-1 ct�rrP fcrrr-Qacc��rmrr a crr i--crRn� c� 1i b l i G �r�ca v cmt system. D °s ' n ores on6ett 6iildinn are °nhonn°rl by r�rn�iiilinir aidi}irnrnra.l srid-°aycacrrk r arc°a cc}� s Am°�level aq the ab c}tiRg n1 ihl diQw;;lk4GGessw y6, to narking arcs are desigRe i�aa manner }ha} minimi��G nnnflin}s h° e n �i°h Gl o�p °s ' n6, rrrrn-rrTCr- ���sc � the,� ,,� The p6 hlrr�liG StFe°}cT-GF i—mrmrr io odioGGRt tG d8 F pmueRt are enhann8i-1 in a manner that is nnnsi6t n} Yyit.h. th.'8 StFe in the ar�crn�urTCCCrn�--cr-m-arrrrcrLth�c-r.�--�svrrsr.�c�rrc-aPr d-A-yVin�te-vi-n area (M.G., inst:-;ITlu a}cirncrn o�f Rede�s, ext°nr�sinn r ovT f � 6tmR P r hlnnk s„sterg,iRstalla n of annrnved street ightog-, e}n \ [Amd Qrrl 8_9-8 21319-8] �7Th�QeVeIGPFRe-� T�GPP � ��t�•-re paFkinrr .innessways "�"f"T�TAT > > driveways, Gtr., with er nreyides aidi}i gal narking spa S rt that may be 6ised by the ni ihlin [/f,md Ord Q_QQ 213 (h-1)--rPrrejeEts f�rvrrt-Ar'g e r AtlaRtG Avenue, N\A//C\A/ ti Avenue, N.E. i st C et nr S.E. 1 6, tF et ngn} n nnnr°sii-1°n}i.,- .l 11686, nn rni ini-1 4t�e , LteGL�CITtQllTrttl-AIZTJG J�Tr-���.,�,T,l��LITTCT flnrn-ei 4TtIe SGV n}�i_fiVG PGFGGGRt (7ti�T sl lrfoTraGCe-area li FI�Fvrri street wall/s\ at the g of eaaa,nah6l-lnh hl lilt-ling 06 deVEAeG-1Ce display wiRdeyis and teen roRGGS tG �m TmT°rniol 116°s from n11}sirl° }h° hllili-ling [Amd Ord G4_n4 X11116 04]5 [Amd Ord 21_134 5514104]; [Amd Ord. 8_9-8 21419-87 The Ioa1ndSGane plan fnr the dey nmeRt pree te onrl innnrnnro� eXiGt+pg Rat+ve vegetat, wheFe available), prnVideS RAW IAPPIsnA pipg } is iern exn�°6,s of mipimurn stG� r e /in height a�nra gf6lan , aer�vrrJt ateG 1native--uGa-Anc -f pIaRt ri I ii—lips—eves, it p nrn�iirles 1l6eahle nnen span° er nl lhlin plazas and maximizes a1roilahle ar fnr n es n 1n� tInn If n api to anhie'ie 6 6 i-IaFd zrreas�� t�ar�TCera��-rr-rresess�„��-aarR� ���ar� the nrnien} may GXGGG-1 the mavimllm s°}honk area nn the greuRd flnnr. [Amd Ord. 21_04 514/n41 /Q\ it is aGkRG l gedthat-it FRay RGt be PGGGible fnr nrnien}6 Whinh inYn44e the m nrrrvamca}rizrrn--nvf e iet i R g 6tr6Fct6lFG6 tG nn�y With m o ny of the a eve ref er°cTrced- , nlE)Yrne �} nPPnr F}i° .q-°niin°s\ [Amd (lrrl Q_QQ 21419-87 4.4 - 23 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: OCTOBER 6, 2014 AGENDA NO: IV. A. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW ZONING REGULATIONS ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to the Land Development Regulations (LDRs) to repeal Section 4.4.13 "Central Business District" in its entirety, and replace it with new zoning regulations. This item is being processed in accordance with LDR Section 2.4.5(M), Amendment to the Land Development Regulations. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND Purpose & Scope of Services On November 8, 2013, the City of Delray Beach and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. The agreement with TCRPC also includes the creation of architectural design guidelines that will be presented at a later date. Companion Ordinances The subject ordinance (Ord No. 29-14) ) to "repeal and replace" LDR Section 4.4.13 Central Business District is the first of three (3) companion ordinances that are running concurrently. The purpose of the second ordinance (Ord No. 30-14) is to provide a clean-up to various sections of the LDRs necessitated as a result of the overall amendments included in the replacement ordinance. A third ordinance is presented that will change the zoning district designation for the two CBD-RC (Central Business District-Railroad Corridor) area-zoned properties to simply CBD. They will each maintain the same geographic areas and are simply undergoing a name change, and will be treated as a sub-district, consistent with the Beach, Central Core, and West Atlantic sub-districts. 1 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 Public Outreach An extensive effort to reach multiple stakeholders was made. Following are various audiences to which presentations were made, with suggestions considered as the document was revised and refined: • Conducted 40 Individual Interviews • Multiple Meetings With Staff • March 20/August 7/October 2 —West Atlantic Redevelopment Coalition • March 26 —Site Plan Review And Appearance Board • June 10—City Commission Workshop • July 24/September 23—Community Redevelopment Agency • July 29/September 23— Parking Management Advisory Board • July 30/September 30 -- Pineapple Grove Main Street Committee • August 11 — Downtown Development Authority • September 18— NW/SW Neighborhood Community Meeting HIGHLIGHTS/ANALYSIS The rewrite of the CBD regulations achieves several objectives. One improvement resulting from this effort is that this version is reformatted to be more user-friendly. Examples include the introduction of mapped locations where regulations are specific to geographic areas, such as where height and density bonuses can be requested, where ground floor retail frontage uses are required, and where special restaurant parking requirements are applied. Further, regulations can be viewed at a glance in tabular format for height, density, setbacks, and civic open space. A new enhancement to the presentation of these new regulations includes a series of photographs and graphic illustrations which help to further explain the purpose and desired result. REGULATING PLANS The Regulating Plans (maps) are provided for each sub-district of the CBD, where streets are designated as either Primary or Secondary. Primary Streets are intended to develop over time as superior pedestrian environments and are held to a higher standard regarding building placement, building frontage, and the location of parking and service functions. Secondary Streets are intended to accommodate service functions and vehicular-oriented development needs, such as parking, loading and drive-through facilities. Currently, there is little to no regulation distinguishing between those streets that are highly visible and traveled, versus the various side streets, with all being treated equally, frequently creating difficulties in approving development products without the need for a series of waivers. These new regulations prioritize 2 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 which streets need to be held to a higher standard. Greater predictability to the uses and treatment depending upon the type of use, street, and structure will result. The Regulating Plan further denotes where retail uses and types are required along the frontage at sidewalk level (Required Retail Frontage). The Regulating Plan also shows where increases in density may be granted. All properties within the West Atlantic Neighborhood may use the program; Central Core and Railroad Corridor sub-districts may use the program only where mapped; properties within the Beach sub-district are not eligible. Finally, the boundary of the Atlantic Avenue Parking District is mapped and is being extended from the current boundary of East 5th Avenue further east to the Intracoastal Waterway. USE TABLE In the current MRS, the zoning districts and the allowable uses within each are in narrative format. There is not a central location to verify in which zoning district a particular use is allowed, and by what approval process. The CBD replacement ordinance includes a table that identifies uses as Principal, Accessory, Conditional Use, Prohibited, or limited to Secondary Streets and is organized by Sub-District. CONFIGURATION OF BUILDINGS Specific methodologies are provided to govern how building height is to be measured. Building height is measured by number of stories and overall feet in height. The proposed maximum of 4 stories would allow flexibility up to a height of 54 feet. The proposed maximum is slightly higher than the current maximum height of 48 feet to allow taller ceiling heights which will facilitate adaptive re-use of buildings over time. All front setbacks are proposed at 10 feet minimum, whereas the current code has a 5 feet minimum for commercial uses. All buildings have a step-back at the top of the 3 d story (currently some streets require a step-back at the top of the 2nd story and 4th stories). Sites greater than 40,000 square feet have a new requirement for Civic Open Space: 5% of the site would be required to be a plaza, green, park, etc., or increased to 10% if the Height and Density Bonus program is applied for buildings that measure greater than 400 feet in length. Table 4.4.13 (C) Dimensional Requirements by CBD Sub-district provides the setbacks, step-backs, building height, density allowances, and the newly required minimum civic open space requirement for each sub-district. FRONTAGE/STREETSCAPE/PUBLIC REALM One of the true benefits to a form-based zoning code is the enhanced public realm which improves the overall visual appearance and multi-modal uses of downtown streets. This is created by focusing particular attention to the building architecture and design components and entrances, and the area between the building facades and the street. This has resulted in new streetscape design standards, organizing the treatment of landscaping and sidewalk areas. The new regulations require a minimum streetscape of 15 feet as measured from the back of curb to the face of the building. A minimum five foot "curb zone" area, is required and accommodates trees, as well as public infrastructure needs, such as utility poles, street lights, street signs, etc. A minimum 6-foot wide "pedestrian clear zone" is required on all streets. The balance of the area in front of the building must be detailed appropriately for the ground floor use of the building. A series of building frontage types are described (porch, stoop, bracketed 3 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 balcony, forecourt, storefront, and arcade) with specific dimensional requirements, along with both graphic representations as well as photographs to accurately depict the intent of the regulations. ARCHITECTURAL STANDARDS New standards are proposed to further ensure visually attractive buildings in the downtown. For example, buildings facing streets or civic open spaces must have transparent windows covering between 20 and 75 percent of the wall area of each story. Cornices and moldings must project at least 2 inches from the surface plane of the building, and not be covered by awnings or signs. Secondary Street uses and large expanses of blank walls must be visually screened. A full host of options to provide mitigation to otherwise bland architecture is offered in the replacement ordinance. CIVIC OPEN SPACES In the proposed regulations, civic open spaces are privately maintained outdoor spaces which are accessible to the general public; they improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for the occupants of the building. Different types of civic open space are provided with descriptions for each. Examples include: Green, Plaza, Playground, Square, Attached Green, and Community Garden. The configuration of such spaces is detailed, and additional standards, such as how many benches, drinking fountains, bicycle racks, trash receptacles, pet cleanup stations, and principles for CPTED are further provided. HEIGHT AND DENSITY BONUS PROGRAM Increases to height and/or density are currently allowed only through the conditional use process. The proposed regulations allow such increases within the CBD only through a bonus program which is introduced with this ordinance. An increased maximum permitted height will be allowed by right at 4 stories or 54 feet (increased from the current 48 feet). If increased height is desired, it can be requested up to 5 stories or 64 feet (increased from the current 60 feet), subject to Performance Standards. Locations where this increase in height cannot be granted are: • OSSHAD-zoned properties; • properties with frontage along Atlantic Avenue; • any property zoned which has a maximum permitted height of 35 feet within 150 feet of the CBD; • the Beach, West Atlantic Neighborhood, or Railroad Corridor sub-districts. A density bonus may be granted in certain areas which are clearly identified on the Regulating Plan. For example, density may be increased over the current allowance of 30 du/ac up to 100 du/ac in a narrow area of the Central Core, and the same in a specific section of the northern Railroad Corridor sub-district. Density above 12 du/ac up to 30 du/ac is allowed in the West Atlantic sub-district. In the Beach sub-district, density above 12 du/ac is not permitted. BONUS PROGRAM PERFORMANCE STANDARDS Any allowed use may occupy the fifth floor when such floor is granted through the bonus program. When the fifth floor is for residential use, workforce housing, and a variety of floor plans must be offered. Either height or density increases must provide at least 10% of the site 4 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 as civic open space for sites larger than 40,000 SF. Sites smaller than 40,000 SF may utilize the bonus program by providing 5% as civic open space. Height bonuses must provide for public parking or green building practices. Projects are not eligible for the density and/or bonus program if waivers to sidewalk widths are requested, if they include large expanses of blank walls or parking along Primary Streets, or if they are either individually designated on the Local Register of Historic Places or within an historic district. Applications to utilize the Height and Density Bonus Program will be reviewed as part of a Class V site plan by the SPRAB. The SPRAB will make a recommendation to the City Commission on the entire Class V site plan before the City Commission approves the site plan and the request for increased density and height. VEHICULAR AND BICYCLE PARKING REQUIREMENTS Provision for the number of required parking spaces is relatively unchanged. Minimum parking requirements for hotels, retail and professional offices has been slightly reduced. Also, the ordinance introduces the provision for Alternate Fuel Parking for golf carts and electric cars. Parking for properties located outside of the Atlantic Avenue Parking District with less than 55 feet of street frontage are not required to provide off-street parking. When located within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link, proposals are not required to provide additional parking resulting from a change of use in an existing building. Those same properties may request up to 50%, an increase from the current 30% maximum, of the required off-street parking through the in-lieu program. The current bicycle parking ratios are expanded with this ordinance. A table is provided detailing how many bicycle spaces are required per use and size of use. Of particular note is that once an office measures greater than 50,000 SF, a shower and changing facility for each gender must be provided. PROFESSIONAL TRAFFIC STUDY Newly introduced with this ordinance is the requirement for a professional traffic study when one of the following is proposed with a development: • An alley is proposed to be moved. • The block on which the development is proposed does not have an alley. • The site is two or more acres in size. • The site is located along the Intracoastal Waterway or along a waterfront park. REVIEW AND APPROVAL PROCESS Review and approval in the CBD is processed through the Site Plan Review and Appearance Board (SPRAB). Request to utilize the Density and Height Bonus Program are reviewed by the SPRAB with a recommendation to the City Commission for their ultimate approval. Tower elements may be granted relief by the SPRAB for the otherwise additionally required setbacks. SPRAB also determines compliance with the Performance Standards to grant density and/or height bonuses. Waivers to decrease the required sidewalk widths in the CBD will not be allowed with the new regulations. 5 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following specific sections are relevant: Objective A-7 To encourage the provision of workforce housing and transit-oriented workforce residential development in the City, the following policies shall be implemented. Policy A-7.1 The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. The proposed ordinance will continue to incentivize the provision of workforce housing through the density bonus program. Further, parking is relaxed in areas around the future Transit Stop, thereby encouraging transit-oriented workforce housing. The proposed ordinance is consistent with this policy. Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. This proposed ordinance is the culmination of numerous meetings with staff, stakeholders, and board members, the public, advisory boards, etc. and reflects a review and update of the LDRs that elevates the regulations in the downtown more in line with current trends and practices. The proposed ordinance is consistent with this obiective. Objective C-1 Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-1.5 The following pertains to the redevelopment of the West Atlantic Avenue Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. 6 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 Current restrictions to preserve residential neighborhoods from commercial encroachment continue with this ordinance. Uses remain unchanged from those previously allowed, and the density and bonus programs are more limited to ensure compatibility with the various existing neighborhoods. The proposed ordinance is consistent with this policy. 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. Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: • deletion of inappropriate uses • incentives for locating retail on the ground floor with office and residential use on upper floors • accommodating parking needs through innovative actions • incentives for dinner theaters, playhouses, and other family oriented activities • allowing and facilitating outdoor cafes • incentives for mixed use development and rehabilitations • elimination of side yard setback requirements • allow structural overhang encroachments into required yard areas The deletion of inappropriate uses will continue irrespective of this currently proposed ordinance. Incentives for locating retail on the ground floor, with office and residential on upper floors will continue, but with greater clarity and predictability. Theaters and playhouses, and other family oriented uses, will continue to be encouraged. The outdoor cafe program will continue with additional locational enhancements within 15-foot wide public realm. Incentives are introduced for mixed use developments and rehabilitations, particularly where changes of use in existing buildings will not require additional parking. Structural overhangs continue to be encouraged, and this ordinance offers photographic as well as illustrative graphics to provide clarity. The proposed ordinance is consistent with this policy of the Comprehensive Plan. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the item at their September 23, 2014 meeting and a consensus was reached to recommend approval. The Parking Management Advisory Board (PMAB) reviewed updates to the item at their September 23, 2014 meeting after a consensus was reached to recommend approval at their July 29, 2014 meeting. The Pineapple Grove Main Street (PGMS) Committee reviewed the item at their September 30, 2014 meeting and reached a consensus of approval for the items however, two board 7 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 members abstained from voting on the Repeal and Replace" item over concerns with the new height proposal of 54 feet. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 2, 2014 meeting and reached a consensus to recommend approval. The Downtown Development Authority (DDA) reviewed the item at their October 6, 2014 meeting and their recommendation will be conveyed at the October 6, 2014 special meeting of the Planning and Zoning Board. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Alliance of Delray Public Notice: Formal public notice has been provided to all affected property owners currently zoned CBD and CBD-RC. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT/CONCLUSION/NEXT STEPS The proposed ordinance and its many intended objectives have been achieved with this replacement ordinance and new regulations. Locations where increased height and density is permitted have been defined to be in more rational locations. In addition to the greater predictability offered by these new regulations, the form-based element of this ordinance ensures that if a height or density is granted, that the realm that the public will enjoy for the granting of that additional development will be measureable and functional. This featured element will further create publicly used spaces throughout the downtown, further enhancing the redeveloping community of downtown Delray Beach. Tentative dates for City Commission action are November 4, 2014 (First Reading) and November 18, 2014 (Second Reading). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)"WITH NEW ZONING REGULATIONS of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL 8 Planning and Zoning Board Staff Report of October 6, 2014 Repeal and Replace CBD Section 4.4.13 BUSINESS DISTRICT (CBD)"WITH NEW ZONING REGULATIONS by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)"WITH NEW ZONING REGULATIONS, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: ■ Draft Ordinance 29-14, "Ordinance A-2014" 9 INN DOWNTOWN D E{��L.G.A.13'i/iE `I MEEM Downtown DeIrayBeach.com BOARD OF DIRECTORS October 10,2014 C3a� Cook Chair ir Zoning Planning& Board Members Hand's stationers City of Delray Beach Seabron A.Smith 100 NW 1"Avenue Vice-Chairman Delray Beach,FL 33483 TED Center Bonnie Beer RE: Central Business District Text Amendments to the Land Development Treasurer Regulations Gaffe Luna Rosa Albert RiGhwagen Dear Board Members: Secretary Rinhwagen's Bicycles This concerns Planning&Zoning item that came before the Delray Beach Ryan Boylston Downtown Development Authority meeting of October 6,2014. The DDA will also Woo creative read the project motions and resulting vote during Public Comments at the pertinent Frank Frione City Commission meetings, thus having the DDA decision become part of the public GFA International,Inc. record. Scott Kennedy Union Delray At this time we wish to advise you of the results of the Central Business District Text Amendment to the Land Development Regulations presentation that came before the DDA Board at the October 6,2014 meeting. This presentation was made by Anthea Gianniotes of the Treasure Coast Regional Planning Council. ITEM: Recommendations on the following points: ACTION—Motion to approve the proposed increased sidewalk widths and set-backs. Motion made.by: Frank Frione; 2nd: Seabron A. Smith, DDA Board Consensus of Agreement carried unanimously. ACTION—Motion to approve the proposed height requirement measured to the roof deck to four (4) stories only with a maximum height of fifty-four feet(54 ft). Motion made by: Seabron A. Smith;2°d Bonnie Beer. DDA Board Consensus of Agreement carries unanimously. ACTION—Motion to approve the proposed fifth (5"') floor component up to sixty-four feet(64 ft.) only with extended requirements. Motion made by: Ryan Boylston;2"d: Frank Frione. DDA Board Consensus of Agreement carries unanimously. ACTION—Motion to approve proposed civic space open to 40,000 square feet. Motion made by: Ryan Boylston;2nd Bonnie Beer. DDA Board Consensus of Agreement carries unanimously. 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 e (561) 243-1077 Fax: (5611)243-1079 Please know that we send this information to assist you in making your decisions as they affect the DDA District of Downtown Delray Beach. Sincerely, David Cook Chairman cc: Dana Little, Director,Planning&Zoning Department Mark McDonnell, Assistant Director, Planning&Zoning Department DDA Board of Directors 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 - (561) 243-1077 Fax: (561)243-1079 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 26, 2015 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 ORDINANCE NO.03-15-CBD LDR REVISIONS BACKGROUND On November 8, 2013, the City of Delray Beach, and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. As a result of these pending amendments, other sections of the LDRs were affected and required changes to bring them into consistency throughout the code. That is the purpose of this item and the subject adopting ordinance. Examples of these changes which are necessary as a result of the repeal and replacement ordinance for the CBD regulations include, but are not limited to, the following: Site and Development and Master Development Plans Temporary parking lots Community Residential Homes and Group Homes Development Standards matrix Bicycles parking In-lieu parking fee Public parking fee Landscape regulations in the downtown Buildings within the downtown area Use, design and maintenance of sidewalk cafes REVIEW BY OTHERS The Planning and Zoning Board reviewed the proposed amendment at a special meeting held on October 6, 2014 and recommended approval on a vote of 6 to 0. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The item before the City Commission is consideration of a City-initiated amendment to the Land Development Regulations, to amend various sections affected by the larger repeal and replacement ordinance (Ordinance No. 02-15)that updates the regulations in the Central Business District. OPERATING COST N/A TIMING OF THE REQUEST The new First Reading/First Public Hearing of the subject item is to occur on February 3, 2015. If passed on first reading, the second reading will occur on February 24, 2015. RECOMMENDATION By motion, approve on first reading Ordinance No. 03-15, 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(k) "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 4.6.18(B) "Buildings within the Downtown Area"; AMENDING SECTION 6.3.3(F) "Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe"; AMENDING APPENDIX A "DEFINITIONS"; by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. I ORDINANCE NO. 03-15 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT 4 REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING 5 ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING SECTION 2.2.3(D) 6 "SITE PLAN REVIEW AND APPEARANCE BOARD"; AMENDING 7 SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER 8 DEVELOPMENT PLANS (MDP)"; AMENDING SECTION 2.4.6(F) 9 "TEMPORARY PARKING LOTS'; AMENDING SECTION 4.1.1(A) "BASE 10 ZONING DISTRICTS"; AMENDING SECTION 4.3.3(I) "COMMUNITY 11 RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION 12 4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS 13 TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING 14 SECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX"; 15 REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT — 16 RAILROAD CORRIDOR (CBD-RC)"; AMENDING SECTION 4.6.4(A) 17 "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR 18 ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT 19 LIMITATION'; AMENDING SECTION 4.6.9(C)(1) "BICYCLE 20 PARKING"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF 21 PARKING SPACES, IN-LIEU FEE'; AMENDING SECTION 4.6.9(E)(4) 22 "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(H)(4) 23 "FOUNDATION LANDSCAPING REQUIREMENTS'; AMENDING 24 SECTION 4.6.18(B) `BUILDINGS WITHIN THE DOWNTOWN AREA' 25 AMENDING SECTION 6.3.3(F) "REGULATIONS GOVERNING THE USE, 26 DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING 27 APPENDIX A "DEFINITIONS"; PROVIDING A SAVING CLAUSE, A 28 GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. 29 WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact 30 and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the 31 distinctive character of each district; and 32 WHEREAS, the City Commission seeks to update its land development regulations to ensure the 33 highest quality built environment and enhance multi-modal mobility options; 34 WHEREAS, by separate ordinance, the existing land development regulations for the Central 35 Business District are being reorganized and substantially modified to make those regulations 36 understandable to the public,predictable to landowners, and easier for the city to administer; and 37 WHEREAS, certain other portions of the land development regulations need to be adjusted to 38 reflect the new regulations for the Central Business District; and 39 WHEREAS, prior to public hearings before the City Commission, all proposed amendments to 40 the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to 41 LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held 42 on October 6, 2014 and recommended that the City Commission approve these amendments. Pursuant to 43 Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, 44 has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; and 1 ORD.NO. 03-15 45 WHEREAS, the City Commission, at duly noticed public hearings on 12015, 46 and on , 2015, received and considered comments from the Planning and Zoning Board 47 and from the public, and gave careful consideration to all aspects of this ordinance; and 48 WHEREAS, the City Commission has determined it to be in the best interest of the City of 49 Delray Beach that the land development regulations be amended as described in this ordinance. 50 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY 51 BEACH,AS FOLLOWS: 52 Section 1. That the Table of Contents of the land development regulations shall be amended to read as 53 follows: 54 ARTICLE 4.4 BASE ZONING DISTRICT.........................................................4.4- 1 55 NOTE: Each individual zoning district, except Central Business District, is structured as follows: 56 (A) Purpose 57 (B) Principal Uses and Structures Permitted 58 (C) Accessory Uses and Structures Permitted 59 (D) Conditional Uses and Structures Allowed 60 (E) Review and Approval Process 61 (F) Development Standards by Reference to 4.3.4 62 (G) Supplemental District Regulations by Reference to Article 4.6 63 (H) Special Regulations, as appropriate 64 Section 2. That Section 2.2.3 of the land development regulations, "Site Plan Review and 65 Appearance Board,"shall be amended to read as follows: 66 (D) Duties,Powers,and Responsibilities: 67 (1)The Board hereby has the authority to take action on the following items pursuant to the 68 procedures and standards of the LDR: 69 (a) Certain site and development plans, as provided in this Code 70 (b) Granting of relief from the number of parking spaces required for specific uses pursuant to 71 Section 4.6.9(F)(1). 72 (c) Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)] 73 (d) Preliminary and final landscape plans 74 (e) Master Sign Programs 75 (f) Signage as allowed by Section 4.6.7 76 (g) Appeal of administrative interpretations made in application of the sign code and the 77 landscaping code 78 (h) Architectural elevations 79 (i) Streetscape and landscape features (e.g. walls,fences, lighting, dumpster enclosures, etc.) 80 (j) Recommendations to the city commission regarding the Incentive Program in the CBD. 81 (2)—(3) [NO CHANGES] 2 ORD.NO. 03-15 82 Section 3. That Section 2.4.5(F)of the land development regulations, "Site and Development and 83 Master Development Plans (MDP)," shall be amended to read as follows: 84 (F) Site and Development and Master Development Plans (MDP): 85 (1)—(2) [NO CHANGES] 86 (3) Procedure: A site and development plan shall be processed through the following sequence: 87 (a) Receipt and certification as complete; 88 (b) Consideration at a public meeting before the Planning and Zoning Board,the Site Plan 89 Review and Appearance Board, or the Historic Preservation Board as appropriate, at 90 which time action may be taken. 91 (c) For Class V site plan applications that include a request under the CBD's Incentive 92 Program (see Section 4.4.13(H)): final action before the City Commission, after 93 receiving a recommendation from the Site Plan Review and Appearance Board. 94 (4)—(7) [NO CHANGES] 95 Section 4. That Section 2.4.6(F)(3)(e)l. of the land development regulations, "Temporary Parking 96 Lots,"shall be amended to read as follows: 97 1. A temporary parking lot may be permitted within the following areas: 98 a. the portion of the Central Business District(CBD) and Community Facilities (CF)District 99 which is bounded by Swinton Avenue on the west,the Intracoastal Waterway on the east, 100 N.E. 2nd Street on the north, and S.E. 2nd Street on the south; 101 b. the portion of the CBD and GBP RG District which is bounded by N.E. 2nd Avenue on the 102 west,the FEC Railway on the east,N.E. 2nd Street on the south, and N.E. 4th Street on the 103 north; 104 c. the portion of the CBD located east of the Intracoastal Waterway; 105 d. the non-residential zoning districts bounded by Swinton Avenue on the east, I-95 on the west, 106 N.W. 1st Street on the north, and S.W. 1st Street on the south. 107 Section 5. That Section 4.1.1(A) of the land development regulations, "Base Zoning Districts," shall 108 be amended to read as follows: 109 (A) Base Zoning Districts: These "Base Zoning Districts"are applied to specific parcels of land,for 110 the reasons as stated in Section 4.1.1, specifically as they related to land use and design. 111 A Agriculture 112 RR Rural Residential 113 R-1-AAA Single Family Residential 114 R-1-AAAB Single Family Residential 115 R-1-AA Single Family Residential 116 R-1-AAB Single Family Residential 117 R-1-A Single Family Residential 118 R-1-AB Single Family Residential 119 MH Mobile Home 120 RL Low to Medium Density Residential 121 RM Medium to Medium High Density Residential 3 ORD.NO. 03-15 122 PRD Planned Residential Development 123 GC General Commercial 124 AC Automotive Commercial 125 NC Neighborhood Commercial 126 PC Planned Commercial 127 CBD Central Business District 128 RT Resort/Tourism 129 POC Planned Office Center 130 POD Professional and Office District 131 RO Residential Office 132 PCC Planned Commerce Center 133 MIC Mixed Industrial and Commercial 134 I Industrial 135 CF Community Facilities 136 OS Open Space 137 CD Conservation District 138 OSSHAD Old School Square Historic Arts District 139 SAD Special Activities District 140 LI Light Industrial 141 OSR Open Space and Recreation 142 G B P IR G Gef4fal Bush ess pis, ri4 Rail.,.a Ge ff-ide 143 Section 6. That Section 4.3.3(l)(4)(d) of the land development regulations, "Community Residential 144 Homes and Group Homes," shall be amended to read as follows: 145 (d) Community Residential Homes and Group Homes shall be allowed as a permitted or conditional 146 use in the following zoning districts: Z O N I N G DISTRICTS TYPE OF REST- AR- 1 RL RM PRD O SOHAD CBD, CF GC PC QRD RQ DENCE Group Home, Permitted Permitted Permitted Permitted Permitted Not Permitted Permitted p , Type 1 Permitted Community Not Conditional Not Conditional Conditional Conditional Conditional Seaditieaal Residential Permitted Use Permitted Permitted Use Use Use Use 460 Home Group Not Conditional Not Conditional Conditional Conditional Conditional Seadi4ieNa1 Home, Permitted Use Permitted Permitted Use Use Use Use Ilse Type 2 147 Section 7. That Section 4.3.3(S)(3) of the land development regulations, "Antennas Not Located on 148 Telecommunications Towers,"shall be amended to read as follows: 149 (a) Non stealth and stealth antennas mounted on rooftops,buildings, or other structures which 150 constitute a principal use,are a permitted use in the following zoning districts, subject to the 151 limitations and requirements contained herein: 152 1. Medium Density Residential(RM) 153 2. General Commercial(GC) 4 ORD.NO. 03-15 154 3. Central Business District(CBD) 155 4 Gef4r-al Business T istr-i + Railroad Ge-r-id,-(GBP RG) 156 4.4. Automotive Commercial(AC) 157 5.6. Planned Commercial (PC) 158 6.-7. Resort/Tourism (RT) 159 T-9. Planned Office Center(POC) 160 8.4. Professional and Office District(POD) 161 9.44. Planned Commerce Center(PCC) 162 10.44. Mixed Industrial and Commercial(MIC) 163 11.4-2. Industrial (I) 164 12.44. Light Industrial(LI) 165 13.44. Community Facilities (CF) 166 14.�. Open Space and Recreation(OSR) 167 Section 8. That Section 4.3.40 of the land development regulations, "Height," shall be amended to 168 read as follows: 169 (1) Defined: The vertical distance from grade to the highest finished roof surface of a flat roof or to 170 the mean level between tie beams and ridge for gable,hip, or gambrel roofs. The height set forth 171 in the matrix is the maximum height for all structures within the respective zone district except as 172 provided for in Subsection 4.3.4(])(3)&(4) and for the CBD zoning district as provided for in 173 Subsection 4.4.13(D)(1)(a). 174 (2) Basis for Measurement: 175 (a) For buildings adjoining one street,the grade is established from the mean elevation of the 176 crown of the street along the lot frontage. 177 (b) For buildings adjoining more than one street,the grade is established as the average of the 178 mean elevation of the crown of the adjoining streets. 179 (c) When applied to single family detached dwelling units, less than three stories,within 180 residentially zoned districts,the grade is established as the mean elevation of the finished 181 surface of the ground adjacent to the exterior walls of the building. Under no circumstance 182 shall the grade be higher in elevation than the highest point of the unaltered dune or the 183 crown of the street. 184 (d) Within the CBD zoning district,building height is also measured by stories. See Section 185 4.4.13(D)(1)(a). 186 (3) Exceptions to District Height Limitations: [NO CHANGES] 187 (4) Increases to Height Regulations: 188 (a) Prohibitions: [NO CHANGES] 189 (b) Allowances: An increase,to a maximum height of sixty feet(60'),may be approved by the 190 City Commission in any zone district not listed above,except for the CBD zoning district, 191 when approved pursuant to the processing of a conditional use request and based upon a 192 finding of compliance with each of enumerated criteria listed below, as applicable. 193 (i) That the structure is to be located in one of the following geographic areas: 194 (1)—(5) [NO CHANGES] 5 ORD.NO. 03-15 195 (6) Area "F" - the property located between the one-way pair system of Federal 196 Highway (5th and 6th Avenues), except for property located in the CBD zoning 197 district. (7)— (8) [NO CHANGES] 198 (9) Area"t" a eFt� .r;+ i the Gef4r-al Core pe r of the run, (Geftr-al 199 Business Pistfia), &ieept for-that pei4ion within 150'of afi�,zening distr-iet Whiek 200 has . mwEimttm i,oig4t limit of 35',meastir-ed 4 the p peA lino of the GBP 201 zened„ pe Reserved. 202 (10)— (11) [NO CHANGES] 203 (ii) — (iii) [NO CHANGES] 204 (iv) That the increase in height shall be allowed if two or more of subsections 4.3.4(J)iv(1), 205 (2) or(3) are met: 206 (1) That for each foot in height above 48 feet, an additional building setback of two 207 feet is provided from the building setback lines which would be established for a 208 48-foot tall structure. The additional setback is required from all setback lines (i.e., 209 front, side, and rear) for the portion of the building that extends above 48 feet. In 210 211 ; 212 (2) That a minimum of 50% of the ground floor building frontage consist of 213 nonresidential uses (excluding parking); 214 (3) That open areas, such as courtyards,plazas, and landscaped setbacks,be provided 215 in order to add interest and provide relief from the building mass. 216 (5) Special Activity Districts: [NO CHANGES] 6 ORD.NO. 03-15 717 Section 9 That S Section 4.3.4(K) of the land development regulations, " e do me tStandards 718 MkW%` shall b amended to read mflo! 2y § :- ` _ = f f \� 222 z z , z of :9 : : 2 y / e { e £ 7 2 2 2 e e e \ } £ £ § ) / \ J n : £ / / £ £ ) ; § / } e R e R M M R e / £ £ m ) ` , F- L) � F- z z z z z z z z , U) o � o m0W 2 ! f & ! 2 z - - z < z e - z _ o N § § - § � M M , F- § 2 - _ zo w - � _ d U) 01 ® w ® - : - - - 2 � e - - ■ � . { ) r 2 ! a , § o 2 fGLZ : & ! , x \ � 0a @ / ® : , 0 1E � � k � >W { . < W e , gd E ON - - - < m ; / ) { / ) f / { ; ( { - 8008 _ � e2 § ! \ ! E / { OW G W z _ 0 u 0 0 . >e z , 2 » E ° { $ ! \ W § § \ / 2 ! - § - ; - ® ® _ - � ) - � \ ) i ) ( , _ § ) f ; , { ! | _ z « , § / ( } \ ( / ! \ kk ( ) _ / : » _ \ / { \ � 2 = _ _ _ ) \ ) { f » ƒ > [ § ) � : a § � ? of J ! } - - \ d u & 0u § £ « 6 i - - 7 ORD.NO. 03-15 219 Section 10. That Section 4.4.28 of the land development regulations, "Central Business District— 220 Railroad Corridor (CBD-RC),"is hereby repealed in its entirety. Section 4.4.28 will be marked as 221 "Reserved"in Section 4 and in the table of contents. 222 Section 11. That Section 4.6.4(A) of the land development regulations, "Commercial Zoning 223 Adjacent to Residential Zoning or Zoning Districts with a Thirty-five(35)Foot Height Limitation," 224 shall be amended to read as follows: 225 (A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five 226 (35) Foot Height Limitation: 227 (1) Properties subject to the development standards of the Central Business District(CBD) shall 228 comply with the following: 229 (a) Where the rear or side of a property directly abuts a zoning district with a height 230 limitation of thirty-five feet(35')without any division or separation between them of 231 thirty feet(30) or more, such as a street,alley,railroad,waterway,park, or other public 232 open space,the following shall apply: 233 (i) For buildings or portion of the buildings three stories or less in 234 height, a ten foot(10') minimum building setback from the property line shall be 235 provided. 236 (ii) For buildings above three stories in height, at the top of the 237 third story,minimum side and rear building setbacks of 30 feet shall be provided-a 238 twei#y two feet(12'`minimum building sethael from the property line sha4l be 239 for the portion of the building that is over three stories 240 { }in height. 241 (iii)A solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2 242 feet in height at the time of installation, shall be located inside and adjacent to the 243 portion of the boundary line of the CBD-zoned property which directly 244 abuts the residentially zoned property.Walkways and other pedestrian or bicycle 245 connections shall be placed through the wall or hedge if they provide links identified 246 on any adopted bicycle and pedestrian master plan or if SPRAB determines the 247 would promote desirable connectivity between properties. if a W ,, is used,4 sh ,' 248 249 250 . 251 Section 12. That Section 4.6.9(C)(1)(c) of the land development regulations, "Bicycle Parking," shall 252 be amended to read as follows: 253 (c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by a fixed 254 or stationary bike rack for the following uses: 255 (1) In shopping centers at the rate of five (5) spaces per 100,000 sq. ft. of gross floor area; 256 (2) At fast food restaurants, government offices and community centers, and commercial and 257 private recreation facilities at the rate of five (5) spaces per facility. 258 (3) For all uses in the CBD zoning district, see Section 4.4.13(I)(4). 259 (4) Any non-residential use within the City's TCEA which, through the development review 260 process,is determined to generate a demand. 8 ORD.NO. 03-15 261 Section 13. That Section 4.6.9(E)(3) of the land development regulations, "Location of Parking 262 Spaces,In-Lieu Fee," shall be amended to read as follows: 263 (a) The in-lieu fee is authorized only in the CBD,, GRC-, and OSSHAD Zoning Districts,in 264 compliance with the Supplemental District Regulations provisions therein. 265 (b) Arrangements for payment shall be approved by the City Commission at the time of the approval 266 of the in-lieu fee. The fee amount shall be based upon the location of the property for which in- 267 lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby 268 established as follows: (See corresponding map). 269 (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD -$18,200 270 per space. 271 (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or-CBD 272 RE and which are not included within the Pineapple Grove Main Street area,West Atlantic 273 Neighborhood or Block 69 located in the Old School Square Historic Arts District 274 (OSSHAD) -$15,600 per space. 275 (3) Area 3: Parcels located within the OSS14AD zoning district,except for Block 69 as noted in 276 Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned 277 CBD^r CBD RC -$7,800 per space. 278 (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD - 279 $4,000 per space. 280 (c) All proceeds from such a fee shall be used for parking or pedestrian/bicycle infrastructure 281 purposes. 282 Section 14. That Section 4.6.9(E)(4) of the land development regulations, "Public Parking Fee,"shall 283 be amended to read as follows: 284 (a) For properties located within 64W 750' of a programmed public parking facility, excluding 285 property zoned CBD .44-4/...CRT' n r an alternative to providing all the required parking on-site 286 is to contribute towards the construction of the parking facility. The cost per space shall be based 287 upon the location of the property for which the public parking fee is being sought.Area 288 descriptions and corresponding fee amounts are hereby established as follows: If for whatever 289 reason the public parking does not get built the City shall retain the fee to provide parking or 290 parking maintenance in the quadrant of the City where the development is located. 291 Section 15. That Section 4.6.16(H)(4) of the land development regulations, "Foundation Landscaping 292 Requirements," shall be amended to read as follows: 293 (4) Foundation Landscaping Requirements 294 (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and 295 groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple 296 tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of 297 softening the building mass while adding vibrant color and textures. 298 (b) New multi-story structures or landscape improvements to existing multi--std structures shall 299 adhere to the landscape requirements set forth in this section. The purpose of these 300 requirements is to aesthetically and visually buffer larger structures and to maintain an 301 appropriately scaled relationship between the height of the structure and its surrounding 302 landscape. 9 ORD.NO. 03-15 303 (i) Foundation trees with specifications listed in Table 1 shall be planted along the building 304 facade that faces a Right-of-Way, except in the CBD zoning district where alternate 305 landscapin _g configurations have been incorporated into the Frontage have been incorporated into the Frontage Standards in 306 Section 4.4.13(E). 307 kW The spacing of these trees shall be determined based on the average canopy width of the 308 proposed tree. These trees shall be spaced appropriately so that the canopies shall be 309 touching at average maturity. 310 JiW Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed 311 in Table 2 are examples. Other species may be used so long as the spacing meets the 312 intent of this section. 313 Section 16. That Section 4.6.18(B)(14) of the land development regulations, "Buildings within the 314 Downtown Area,"shall be amended to read as follows: 315 (14) Buildings within the Downtown Area: These additional criteria shall be applicable to 316 buildings located within the CBD;and OSSHAD, and GBP IR zoning districts. Buildings in the 317 CBD have additional design standards in Section 4.4.13. In case of conflict,the more restrictive 318 regulation shall apply. All buildings shall comply with the following requirements: 319 (i) Roofs and Gutters: 320 (1)—(2) [NO CHANGES] 321 (3) Flat roofs shall be screened from adjacent properties and streets with decorative 322 parapets. The maximum height of the parapet wall shall be six feet(6)in height or 323 sufficient height to screen all roof mounted equipment,whichever is greater, 324 measured from the top of the roof deck to the top of the parapet wall. In the cases of 325 sloped parapet features,they shall be no more than seventy-two inches (72") in 326 height,project no more than twenty-four inches (24")beyond the face of the 327 building,project no more than twelve feet(12)into the flat roof area of the building 328 nor cover more than fifty percent(50%) of the flat roof area of the building. 329 Exception to the height requirements shall be pursuant to Soe-t e " 4(J)-of Section 330 4.4.13(H). 331 (4)—(5) [NO CHANGES] 332 (ii) Walls: 333 (1)—(2) [NO CHANGES] 334 (3) Treatment of blank walls: 335 (a) Where blank walls are unavoidable due to the requirements of a particular land 336 use or structural needs,they shall not exceed a length of fifty feet(50'), or twenty 337 percent(20%) of the length of the building facing the street,whichever is less. 338 (b) Blank wall sections of allowed lengths shall receive eiie-(1)two 2 or more of the 339 following special design treatments in order to increase pedestrian comfort or 340 create visual interest: 341 (i) Vertical trellis in front of the wall with climbing vines or other plant 342 materials over at least 30%of the blank wall surface. 343 (ii) Control and expansion joints used in a decorative pattern with varied 344 materials or textures and spaced a maximum of ten feet(10') on center. 345 Relief and reveal depth, if used in a pattern, shall be a minimum of three- 10 ORD.NO. 03-15 346 quarter(3/4)inch and shall be a minimum of 30%percent of the blank wall 347 surface. 348 (iii) Small setbacks,projections,or indentations with a minimum depth of eight 349 inches (8"), or intervals of material change to break up the wall's surface. 350 (iv) Additional architectural details such as pilasters,medallions, decorative 351 panels or castings, decorative accent tiles, louvered vents, or public art shall 352 be integrated on any exterior wall to avoid a blank wall appearance. 353 (iii) Arcades,Porches, Trellises,Loggias and Balconies: [NO CHANGES] 354 (iv) Windows and Doors: 355 (1) Window and door shutters and decorative trims and moldings shall be sized to match 356 the dimensions of the wall openings. 357 (2) Building fagades facing streets or civic open spaces must have transparent windows 358 covering between 20%and 75%of the wall area of each story as measured between 359 finished floors. The minimum transparency or glass surface area on the ground floor 360 wall area of all non-residential and mixed-use buildings shall be a minimum of 7570% 361 of the wall area for at least 70%of the length of that elevation. All storefronts or glass 362 areas abutting the street shall be transparent,non-solar or non-mirrored, and have a 363 light transmission reduction of no more than twenty percent(20%). 364 (3)—(5) [NO CHANGES] 365 (v) Miscellaneous: [NO CHANGES] 366 (vi) Parking garages: Above ground parking garages shall comply with the architectural 367 requirements of this Section and the following additional requirements: 368 (1) Ramps shall be visually screened from streets and adjacent residential zoning districts 369 and oriented towards the interior of the lot within a project where possible. Ramp 370 profiles shall be hidden on the exterior elevations. 371 (2) Roof top parking shall be visually screened with articulated parapet walls or other 372 architectural treatment acceptable to the Site Plan Review and Appearance Board. 373 Exterior lighting shall utilize fixtures provided with cut-off shielding in order to 374 eliminate glare and spillage onto adjacent properties and roadways. 375 (3) The openings of the garage shall be designed in a manner that obscures parked 376 vehicles. Decorative architectural elements on the ground floor level shall be designed 377 to accommodate the pedestrian scale. Parking levels above the ground floor shall 378 maintain the same vertical and horizontal articulation or rhythm and incremental 379 appearance established on the ground floor. 380 (4) Due to the requirements of a particular land use or structural needs,parking garages or 381 the garage portion of the building may request 382 . . ffief4s (4e a ffi&6ffittffi ef 100-4 fef a4l fleef#ef a waiver from the setback 383 requirements of Section 4.4.13fP)`F�(for portions of the building .,be e t- epA A 384 €eet three stories) subject to compliance with the following requirements: 385 (a) The garage or the garage portion of the building elevation provides unified design 386 elements with the main building through the use of similar materials and color, 387 vertical and horizontal elements, and architectural style. 388 (b) In OSS14AD and on Secondary Streets in the CBD, a A minimum 50%ofthe 389 ground floor perimeter of the garage or the garage portion of the building adjacent 11 ORD.NO. 03-15 390 to street rights-of-way shall be devoted to window displays or floor area for active 391 uses such as retail stores,personal and business service establishments, 392 entertainment, offices, etc. This number may be reduced by the Site Plan Review 393 and Appearance Board or the Historic Preservation Board. On Primary Streets in 394 the CBD,the perimeter of the garage or the garage portion of the building adj acent 395 to street rights-of-way shall be lined by active uses (see Section 4.4.13(C)). 396 (c) Architectural features shall be incorporated into the facade to mitigate the 397 building's mass and bulk and along portions of the building adjacent to street 398 rights-of-way. 399 (vii) [NO CHANGES] 400 Section 17. That Section 6.3.3(F) of the land development regulations, "Regulations Governing the 401 Use,Design, and Maintenance of a Sidewalk Cafe,"shall be amended to read as follows: 402 (1) [NO CHANGES] 403 (2) A sidewalk cafe may only be established in front of the business or along a side street adjacent to 404 the business,or in front of public open space plazas adjacent to the business, and such businesses 405 immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk 406 cafe shall not be established adjacent to a travel lane or on-street parking,unless there is no 407 ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk cafe may 408 be located adjacent to a traffic lane or street parking as long as a e six foot clear pedestrian 409 path is provided and the tables and associated chairs provide a minimum setback of-22 5'from the 410 vehicular travel lane and associated curbing. This-22 5' setback does not apply when the tables 411 are immediately adjacent to on street parking. 412 (3)—(4) [NO CHANGES] 413 (5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minimum of fWe six feet(� 414 6') at all times. The€rye six foot(4 6')clear pedestrian path shall be parallel to the street and/or 415 alley. hl the event a fie six foot(4 6') clear pedestrian path adjacent to the curb is interrupted by 416 street furniture,trees,tree grates or similar impediments,then the sidewalk cafe operator may 417 provide for a fig six foot(�6') clear pedestrian path commencing from the edge of the 418 impediment closest to the building facade for a distance of fie six feet(4!6')towards the 419 building. In areas of higher pedestrian traffic or activity or if conditions are such that additional 420 clearance is required to assure safe pedestrian travel, additional clear space shall be required. A 421 clear pedestrian path greater than fie six feet(4 6')may be required on sidewalks with an 422 adjacent traffic lane. For sidewalk cafes with permits approved prior to Leffective date of this 423 ordinance J,the dimensions of approved pedestrian paths will prevail until the next permit 424 renewal. 425 (6)—(11) [NO CHANGES] 426 (12) All services provided to patrons of a sidewalk cafe and all patron activity(i.e., sitting, dining, 427 etc.) shall occur within the designated sidewalk cafe area, and shall not impinge on the required 428 4!6' clear distance for pedestrian passage at any time. Chairs shall be arranged parallel to the 429 clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate 430 atp rons. 431 (13)—(15) [NO CHANGES] 12 ORD.NO. 03-15 432 Section 18. That Appendix"A"of the land development regulations, "Definitions," shall be amended 433 to read as follows: 434 BUILDING HEIGHT The vertical distance from grade to the highest finished roof surface of a 435 flat roof or to the mean level between eaves and ridge for gable,hip, or 436 gambrel roofs.Within the CBD zoning district,vertical distance shall be 437 measured to the soffit of a gable,hip, or gambrel roof and building g height 438 is also measured by stories. 439 DWELLING, MULTIPLE FAMILY A residential building containing three or more dwelling 440 units, or one or more dwelling units in a building that contains non- 441 residential uses in the Central Business District. 442 OPEN SPACE, CIVIC An outdoor space that is maintained as an urban amenity and is accessible 443 to the general public. Civic open spaces may be constructed and 444 maintained by government agencies but are usually constructed by 445 landowners when they build on the property(see Section 4.4.13(G)). Civic 446 open spaces typically take the form of a green, a plaza, a playground, or a 447 square. 448 STREETWALL A short freestanding wall or hedge located in line with building facades or 449 front setbacks. 450 Section 19. That should any section or provision of this ordinance, or any paragraph, sentence, or word 451 thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 452 validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be 453 invalid 454 Section 20. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. 455 Section 21. That this ordinance shall become effective upon its adoption on second and final reading. 456 PASSED AND ADOPTED in regular session on second and final reading on this day of 457 12015. 458 459 MAYOR 460 ATTEST: 461 462 City Clerk 463 First Reading: 464 Second Reading: 13 ORD.NO. 03-15 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: OCTOBER 6, 2014 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING VARIOUS SECTIONS THAT REQUIRE ADJUSTMENTS TO BE CONSISTENT WITH THE PENDING REPEAL AND REPLACEMENT OF THE CBD REGULATIONS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to a variety of sections of the Land Development Regulations (LDRs) that are necessary to ensure consistency with the broader companion ordinance that will "repeal and replace" the current regulations governing development in the Central Business District. This item is being processed in accordance with LDR Section 2.4.5(M), Amendment to the Land Development Regulations. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND On November 8, 2013, the City of Delray Beach, and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. The purpose of reviewing and revising the existing regulations is to clarify and provide greater predictability in the regulations and the process, articulate current priorities of the City and the CRA, and incorporate more Form-Based Code elements that emphasize the importance of the public realm. As a result of these pending amendments, other sections of the LDRs were affected and required changes to bring them into consistency throughout the code. That is the purpose of this item and the subject adopting ordinance. HIGHLIGHTS Examples of these changes which are necessary as a result of the repeal and replacement ordinance for the CBD regulations include, but are not limited to, the following: • Site and Development and Master Development Plans • Temporary parking lots • Community Residential Homes and Group Homes • Development Standards matrix • Bicycles parking 1 Planning and Zoning Board Staff Report of October 6, 2014 City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite • In-lieu parking fee • Public parking fee • Landscape regulations in the downtown • Buildings within the downtown area • Use, design and maintenance of sidewalk cafes REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following specific sections are relevant: Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. The purpose of this ordinance is to bring a variety of LDR sections into consistency with the amendments resulting from the pending, concurrent ordinance that will `repeal and replace' the current development regulations in the Central Business District. The broader changes to the Central Business District create the need to amend other sections of the LDRs where they are referenced. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Alliance of Delray ASSESSMENT/NEXT STEPS This ordinance includes changes to various sections of the LDRs necessary as a result of the `repeal and replace' ordinance which made significant changes to the regulations in the Central Business District. Tentative dates for City Commission action are November 4, 2014 (First Reading) and November 18, 2014 (Second Reading). ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations 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)"; 2 Planning and Zoning Board Staff Report of October 6, 2014 City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite AMENDING SECTION 2.4.6(F)"TEMPORARY PARKING LOTS"; AMENDING SECTION 4.1.1(A) "BASE ZONING DISTRICTS"; AMENDING SECTION 4.3.3(1) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION 4.3.4(K) "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 4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A" DEFINITIONS", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, 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(1) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION 4.3.4(K) "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 4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A" DEFINITIONS" by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). 3 Planning and Zoning Board Staff Report of October 6, 2014 City-Initiated LDR Text Amendment-Housekeeping items resulting from CBD rewrite RECOMMENDED ACTION Recommend approval to the City Commission of the amendment to Land Development Regulations 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(1) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION 4.3.4(K) "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 4.6.18(B) "BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING SECTION6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A" DEFINITIONS" by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: ■ Draft Ordinance 4 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 26, 2015 SUBJECT: AGENDA ITEM 10.C.-REGULAR COMMISSION MEETING OF FEBRUARY 3,2015 ORDINANCE NO.04-15-CBD-RC REZONING BACKGROUND On November 8, 2013, the City of Delray Beach, and the Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional Planning Council to review and update the city's Land Development Regulations for the Central Business District (CBD) areas including: the Central Core, the West Atlantic Avenue Neighborhood, and the Beach Area. Two companion ordinances are associated with the subject rezoning ordinance. The first ordinance (Ordinance No. 02-15) presented a complete repeal and replacement of the CBD regulations. The second ordinance (Ordinance No. 03-15) included a list of `housekeeping' items necessary as a result of the first ordinance (cross referencing, referring to specific numerical subsections, etc.) The third and subject ordinance to rezone all properties currently zoned CBD-RC to CBD is the result of a recommendation included in the re-write. Specifically, the re-write recommended that the CBD-RC zoning district be renamed to CBD and be listed as a sub-district as the Railroad Corridor Sub-District, identical to the Beach, Central Core, and West Atlantic Neighborhood sub-districts. It is noted that while this is a change in name only, any changes that relate to the Railroad Corridor Sub- District (as well as all other areas zoned CBD) are detailed in the repeal and replace ordinance (Ordinance No. 02-15). The geographic area and the allowed uses remain unchanged. REVIEW BY OTHERS The Planning and Zoning Board reviewed the proposed amendment at a special meeting held on October 6, 2014 and recommended approval on a vote of 6 to 0. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The item before the City Commission is consideration of a City-initiated change in zoning designation from CBD-RC to CBD pursuant to Ordinance No. 04-15. TIMING OF THE REQUEST The new First Reading/First Public Hearing of the subject item is to occur on February 3, 2015. If passed on first reading, the second reading will occur on February 24, 2015. RECOMMENDATION By motion, approve on first reading Ordinance No. 04-15, Rezoning To Place Land Presently Zoned CBD-RC (Central Business District — Railroad Corridor) Into The CBD (Central Business District). Said Land Including Two Groups Of Lots Along The Florida East Coast Railway, One Group Located Between N.E. 2nd And N.E. 4th Streets And The Other Group Located Between S.E. 2nd And S.E. 7th Streets, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan. ORDINANCE NO. 04-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAV BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO CBD (CENTRAL BUSINESS DISTRICT), SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 7TH STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAV BEACH, FLORIDA, JANUARY 2012" ACCORDINGLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district;and WHEREAS, by separate ordinance, the existing land development regulations for the Central Business District are being reorganized and substantially modified to make those regulations more understandable to the public,predictable to landowners,and easier for the city to administer;and WHEREAS, the revised regulations for the Central Business District fully incorporate appropriate standards for land that has been zoned CBD-RC (Central Business District—Railroad Corridor);and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned CBD-RC (Central Business District — Railroad Corridor);and WHEREAS, at its meeting of October 6, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned,based upon positive findings;and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan;and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report;and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan;and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida,be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,AS FOLLOWS: 1 ORD.NO. 04-15 Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida,is hereby amended to reflect a zoning classification of CBD (Central Business District) for the following described property, which is illustrated on Exhibit A: Beginning at the point of intersection of the centerline of S.E. 2nd Street and the centerline of S.E. 1sr Avenue;thence easterly along said centerline to a point of intersection with the centerline of S.E. 3rd Avenue;thence southerly along said centerline of S. E. 3rd Avenue to a point of intersection with ,the easterly projection of the centerline of the east-west alley of Block 87, LINNS 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);thence westerly along said projection and centerline of said alley to a point of intersection with the centerline of the north-south alley of said Block 87; thence southerly along said centerline and projection thereof,to a point of intersection with the centerline of S.E. 3rd Street; thence southerly to a point of intersection with the westerly projection of the north line of Lot 13, Block 88, of said Plat of LINNS ADDITION TO OSCEOLA PARK, and the centerline of the north-south alley of Block 88, of said Plat of LINNS ADDITION TO OSCEOLA PARK; thence southerly along said centerline and projection thereof to a point of intersection with the centerline of S.E. 4th Street; thence westerly along S.E. 4th Street centerline to a point of intersection with the west right-of-way line of the Florida East Coast Railroad;thence southerly along said right-of-way line to a point of intersection with the south property line of Lot 5, of said Plat of ANDERSON BLOCK (according to the Plat thereof as recorded in Plat Book 22, Page 45 of the Public Records of Palm Beach County, Florida);thence westerly along said south property line of Lot 5 to the intersection of the western property boundary line of said Lot 5, of said Plat of ANDERSON BLOCK; thence northerly along said western property boundary line of said lot 5 to the intersection of the northern property boundary line of said Lot 5, of said Plat of ANDERSON BLOCK; thence easterly to the intersection of the southerly extension of the centerline of S.E. 1st Avenue;thence northerly along said centerline of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 4th Street; thence easterly along said centerline of S. E. 4th street to a point of intersection with the centerline of the continuation of S.E. 1st Avenue; thence northerly along said centerline of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 3rd Street; thence easterly along said centerline of S. E. 3rd Street to a point of intersection with the southerly projection of the east lot line of Lot 14, Block 79, of said Plat of TOWN OF LINTON; thence northerly along said projection and the east lot line of Lots 14, 135 125 115 105 95 85 7 and 6 to the northeast corner of Lot 6, Block 79; thence westerly along the north lot line of said Lot 6 and the projection thereof to a point of intersection with the centerline of S.E. 1st Avenue;thence northerly along said centerline to the point of beginning. AND Beginning at the point of intersection of the centerline of N.E. 4th Street and the northerly projection of the centerline of the north-south alley in Block 81,TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence in an easterly direction along the centerline of N.E. 4th Street to a point of intersection with the northerly projection of a line 135 feet west of and parallel with the east lot line of Lot 1, Block 97, HIGHLAND PARK (according to the Plat thereof as recorded in Plat Book 2, Page 79 of the Public Records of Palm Beach County, Florida); thence southerly along said projection and line to a point of intersection with the north lot line of Lot 4, said Block 97; thence westerly along said lot line to a point of intersection with the centerline of N.E. 3rd Alley; thence southerly along said centerline to a point of intersection with the westerly projection of the north lot line of Lot 9 of said Block 97; thence easterly along said projection to a point of intersection with a line 220 feet west of and parallel to the east lot line of said Lot 9;thence southerly along said line to a point of intersection with the south lot line of said Lot 9; thence westerly along said lot line to the 2 ORD.NO. 04-15 southwest corner of said Lot 9; thence southerly along the west lot line of Lot 10, Block 97, to the southwest corner of said Lot 10; thence easterly along the south lot line of said Lot 10 to a point of intersection with the northerly projection of the west lot line of Lot 11, Block 97; thence southerly along said projection and the west lot line of Lots 11, 12, 13, 14 and the southerly projection of the west lot line of Lot 14, all of said Block 97, to a point of intersection with the centerline of N.E. 3rd Street; thence in a southerly direction to the northeast corner of Lot 14, Block 98, L.R. BENJAMIN'S SUBDIVISION (according to the Plat thereof as recorded in Plat Book 12, Page 18 of the Public. Records of Palm Beach County, Florida);thence in a southerly direction along the east lot lines of Lots 14, 155 165 175 185 195 205 215 23 and the southerly projection of the east line of Lot 23, Block 98, to a point of intersection with the centerline of N. E. 2nd Street;thence westerly along said centerline to a point of intersection with the centerline of the north-south alley of Block 82, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1,Page 3 of the Public Records of Palm Beach County, Florida);thence northerly along said centerline of Block 82, and the northerly projection of said centerline, to a point of intersection with the centerline of N.E. 3rd Street;thence in an easterly direction to a point of intersection with the centerline of N.E. 3rd Street and the southerly projection of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1,Page 3 of the Public Records of Palm Beach County, Florida) ;thence northerly along said centerline,and northerly projection of said centerline to the point of beginning. LESS the following described property: Begin at the northeast corner of Lot 1, L.R. BENJAMIN'S SUBDIVISION as recorded in Plat Book 12,Page 18 of the Public Records of Palm Beach County, Florida,and run on an assumed bearing of S 00 degrees 18' 39" W along the east line of Lots 1,2 and 3 for 137.00 feet; thence run N 88 degrees 49' 54" W for 94.42 feet; thence N 09 degrees 45' 36" E along a line 50.00 feet westerly of as measured at right angles to the west lines of said Lots 1,2 and 3 for 138.54 feet;thence S 88 degrees 49' 54" E along the westerly extension of and north line of said Lot 1,L.R. BENJAMIN'S SUBDIVISION,for a distance of 71.67 feet to the Point of Beginning. The subject properties are located along the F.E.C. Railroad corridor in two general locations; one approximately between N. E. 4th Street and N. E. 2nd Street, and the other between S.E. 2nd Street and S.E. 7th Street. Section 3. That the Planning and Zoning Director of the said City shall,upon the effective date of this ordinance,amend the Zoning Map of the City of Delray Beach, Florida,to conform with the provisions of Section 2 hereof. Section 4. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof,be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon its adoption on second and final reading. 3 ORD.NO. 04-15 PASSED AND ADOPTED in regular session on second and final reading on this day of 2015. MAYOR ATTEST: City Clerk First Reading: Second Reading: 4 ORD.NO. 04-15 EXHIBIT "A" JH I I LJ Lake Ida Rd r n NW n 3 > ai e Ln Hid z Wa s ow TS, s m s w FT ET �AtlanticAve NLI [ILI bi W Atlantic Ave E 1 N s m O T c >N N n N s w 3 > Q � a > v W r r rd r co ❑ Buci a ffTTFFR cn > ORD. NO. 04-15 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: OCTOBER 6, 2014 AGENDA NO. IV.C. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED REZONING TO PLACE LAND PRESENTLY ZONED CDB-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a City-initiated rezoning from CBD-RC to CBD. Pursuant to Section 2.2.2(E)(6)(b), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. BACKGROUND The city is currently undergoing a rewrite of the regulations governing development and redevelopment in the Central Business District. Two companion ordinances were before the Planning and Zoning Board and were reviewed for a recommendation immediately before this current ordinance. The first ordinance presented a complete repeal and replacement of the CBD regulations. The second ordinance included a list of `housekeeping' items necessary as a result of the first ordinance (cross referencing, referring to specific numerical subsections, etc.) The subject third ordinance to rezone all properties currently zoned CBD-RC to CBD is the result of a recommendation included in the re-write. Specifically, the re-write recommended that the CBD-RC zoning district be renamed to CBD and be listed as a sub-district. The Railroad Corridor Sub-District, similar to the Beach, Central Core, and West Atlantic Neighborhood sub- districts will all exist within the Central Business District (CBD). It is noted that this is a change in name only; the substantive changes that relate to the Railroad Corridor Sub-District (as well as all other areas zoned CBD) are in the ordinance that repeals and replaces the current regulations. The geographic area and the allowed uses remain unchanged. The Planning and Zoning Board initiated this rezoning at their regular meeting held on September 15, 2014. P &Z Board Staff Report meeting of October 6 2014 City-Initiated Rezoning from CBD-RC to CBD Page 2 ZONING ANALYSIS REQUIRED FINDINGS Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. Section 2.4.5(D)(2) lists these reasons: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Two (2) of the reasons above are found to relate to this rezoning. Per item `b', there has been a change in circumstances, of sorts. It has been recommended in the draft CBD rewrite to place the current CBD-RC areas beneath the broader umbrella of CBD, and for these areas to be considered as sub-districts, identical to how the Beach, Central Core, and West Atlantic Neighborhoods are currently considered. Therefore, the "circumstance" that supports this rezoning is the need for these two areas of the downtown to be placed in a more rational location in the LDRs for ease of understanding, as well as to incorporate these areas as part of the overall CBD; they're simply too connected to not be given equal treatment consistent with the other three (3) sub-districts. Per item `c', the requested zoning is of the same intensity as already allowed under the Future Land Use Map. As stated in the discussion for item `b', it is more appropriate for the properties to be rezoned to CBD as a sub-district equal to how the other three (3) sub-districts are treated. A finding can therefore be made by the City Commission that the rezoning request fulfills the required reasons for rezoning. LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. 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 subiect properties are designated on the Future Land Use Map as Central Core and will be unchanged. The zoninq district is being renamed from CBD-RC to CBD, but will P &Z Board Staff Report meeting of October 6 2014 City-Initiated Rezoning from CBD-RC to CBD Page 3 retain its identity as a sub-district identical to the Beach, Central Core, and the West Atlantic Neighborhood. This is a change in name only, a positive finding can be made. B. Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. There is no change to the allowable densities and intensities in the areas under review. This is a change in name only, a positive finding can be made. C. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2.2 (below), provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezoning Actions): (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. (B) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of I-95. (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. Because this action is a change in name only, no revisions to uses, densities or intensities are proposed. While there is no direct applicability of these `standards for rezoning actions', it is noted that reason (D) is supported by the fact that allowed land uses will continue to be compatible with adiacent and nearby land uses. P &Z Board Staff Report meeting of October 6 2014 City-Initiated Rezoning from CBD-RC to CBD Page 4 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective is noted: Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. This proposed ordinance is the culmination of numerous meetings with staff, stakeholders, and board members, the public, advisory boards, etc. and reflects a review and update of the LDRs that elevates the regulations in the downtown more in line with current trends and practices. The proposed ordinance is the result of a recommendation in the draft LDRs to place the current CBD-RC zoned areas under the broader umbrella of CBD as a sub-district, identical to the Beach, Central Core, and West Atlantic Neighborhood. The proposed ordinance is therefore consistent with this objective. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the item at their September 23, 2014 meeting and a consensus was reached to recommend approval. The Parking Management Advisory Board (PMAB) reviewed the item for updates at their September 23, 2014 meeting; a consensus was reached to recommend approval with comments at an earlier meeting on July 29, 2014. The Pineapple Grove Main Street (PGMS) Committee reviewed the item at their September 30, 2014 meeting and reached a consensus to recommend approval with two board members abstaining due to height concerns (54'). The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their October 2, 2014 meeting and reached a consensus to recommend approval. The Downtown Development Authority (DDA) will review the item at their October 6, 2014 meeting and their recommendation will be conveyed at the October 6, 2014 special meeting of the Planning and Zoning Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: • Delray Citizen's Coalition • Point at Delray Condo Public Notice: Formal public notice has been provided to affected property owners, as well as to all property owners within a 500' radius. In addition, one public notice sign per block face has been posted in accordance with LDR Section 2.4.2(B)(1)(j)(ii). Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. P &Z Board Staff Report meeting of October 6 2014 City-Initiated Rezoning from CBD-RC to CBD Page 5 ASSESSMENT This item is a change in name only of the current CBD-RC to CBD. The change in the name requires the item to be processed as a change in zoning designation. Otherwise, densities, intensities, land uses, etc. remain unchanged. Tentative dates for City Commission action are November 4, 2014 (First Reading) and November 18, 2014 (Second Reading). ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of a city-initiated rezoning TO PLACE LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT— RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5) (Rezoning Findings). C. Recommend denial of the privately initiated rezoning TO PLACE LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS, based on a failure to make positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5) (Rezoning Findings). STAFF RECOMMENDATION Recommend approval to the City Commission of the proposed Rezoning TO PLACE LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO THE CBD (CENTRAL BUSINESS DISTRICT). SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 6TH STREETS, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5) (Rezoning Findings). Attachments: Draft Ordinance INN DOWNTOWN D E{��L.G.A.13'i/iE `I MEEM Downtown DeIrayBeach.com BOARD OF DIRECTORS October 10,2014 C3a� Cook Chair ir Zoning Planning& Board Members Hand's stationers City of Delray Beach Seabron A.Smith 100 NW 1"Avenue Vice-Chairman Delray Beach,FL 33483 TED Center Bonnie Beer RE: Central Business District Text Amendments to the Land Development Treasurer Regulations Gaffe Luna Rosa Albert RiGhwagen Dear Board Members: Secretary Rinhwagen's Bicycles This concerns Planning&Zoning item that came before the Delray Beach Ryan Boylston Downtown Development Authority meeting of October 6,2014. The DDA will also Woo creative read the project motions and resulting vote during Public Comments at the pertinent Frank Frione City Commission meetings, thus having the DDA decision become part of the public GFA International,Inc. record. Scott Kennedy Union Delray At this time we wish to advise you of the results of the Central Business District Text Amendment to the Land Development Regulations presentation that came before the DDA Board at the October 6,2014 meeting. This presentation was made by Anthea Gianniotes of the Treasure Coast Regional Planning Council. ITEM: Recommendations on the following points: ACTION—Motion to approve the proposed increased sidewalk widths and set-backs. Motion made.by: Frank Frione; 2nd: Seabron A. Smith, DDA Board Consensus of Agreement carried unanimously. ACTION—Motion to approve the proposed height requirement measured to the roof deck to four (4) stories only with a maximum height of fifty-four feet(54 ft). Motion made by: Seabron A. Smith;2°d Bonnie Beer. DDA Board Consensus of Agreement carries unanimously. ACTION—Motion to approve the proposed fifth (5"') floor component up to sixty-four feet(64 ft.) only with extended requirements. Motion made by: Ryan Boylston;2"d: Frank Frione. DDA Board Consensus of Agreement carries unanimously. ACTION—Motion to approve proposed civic space open to 40,000 square feet. Motion made by: Ryan Boylston;2nd Bonnie Beer. DDA Board Consensus of Agreement carries unanimously. 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 e (561) 243-1077 Fax: (5611)243-1079 Please know that we send this information to assist you in making your decisions as they affect the DDA District of Downtown Delray Beach. Sincerely, David Cook Chairman cc: Dana Little, Director,Planning&Zoning Department Mark McDonnell, Assistant Director, Planning&Zoning Department DDA Board of Directors 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 - (561) 243-1077 Fax: (561)243-1079