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04-06-15 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Monday, pril 6, 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. October 21, 2014 - Regular Meeting B. November 4, 2014 - Regular Meeting C. March 31, 2015 - Annual Organizational Meeting 5. PRESENTATIONS: A. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation 6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 18-15/ABANDONMENT OF A PORTION OF ENFIELD ROAD RIGHT-OF-WAY:: Approve Resolution No. 18-15; abandonment of a portion of an unimproved area of the Enfield Road right-of-way located west of the intersection of N.W. 41h-Avenue and Enfield Road. B. HOLD HARMLESS AGREEMENT/ JM TODO LLC./ 2645 NORTH FEDERAL HIGHWAY: Approve a Hold Harmless Agreement with JM Todo LLC related to the property located at 2645 North Federal Highway. C. AMENDED AND RESTATED LANDSCAPE MAINTENANCE AGREEMENT/ F.P. DINO & ASSOCIATES, INC.: Approve an Amended and Restated Landscape Maintenance Agreement with F.P. Dino & Associates, Inc. to incorporate maintenance of a portion of the drainage system in the City's right-of-way, adjacent to the Tropic Cay Townhouse Development; and the previously approved landscaped maintenance area located at 2601-2617 Frederick Boulevard. D. RATIFICATION OF EMERGENCY CHANGE ORDER/HINTERLAND GROUP, INC./DOTTEREL ROAD SEWER REPAIRS: Approve ratification of an Emergency Change Order in the amount of$25,940.00 to Hinterland Group, Inc. for performing sanitary sewer repairs along Dotterel Road, west of Lindell Boulevard utilizing pricing under the active Palm Beach County contract. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(5), "Emergency Acquisitions" and Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is to be paid out of the Contract's Undefined General Allowance. E. EASEMENT DRAINAGE DEED/PALM TRAIL ENCLAVE, LLC./PALM TRAIL LOT B, LLC: Approve a 6-foot easement drainage deed with Palm Trail Enclave, LLC. for the property located at 1745 Palm Trail; and a 6-foot easement drainage deed with Palm Trail Lot B, LLC. for the property located at 1785 Palm Trail. F. RETROACTIVE APPROVAL OF AGREEMENT/STEVE PROCKO PRODUCTIONS, LLC./USE OF TENNIS CENTER: Approve retroactive agreement with Steve Procko Productions, LLC., for use of the Tennis Center on March 20, 2015 for the filming of a television commercial. G. RETROACTIVE APPROVAL OF AGREEMENT/ACRES AND COMPANY, LLC./USE OF TENNIS CENTER: Approve retroactive agreement with Acres and Company, LLC., for use of the Tennis Center on March 5-6, 2015 for the filming of a television commercial. H. RETROACTIVE APPROVAL OF AGREEMENT/SPUR PRODUCTIONS, INC./USE OF TENNIS CENTER AND STADIUM: Approve retroactive agreement with Spur Productions, Inc., for use of the Tennis Center and Stadium on March 5-6, 2015 for the filming of a television commercial. L RETROACTIVE APPROVAL OF AGREEMENT/IMPERIAL WOODPECKER/USE OF ANCHOR PARK: Approve retroactive agreement with Imperial Woodpecker for use of Anchor Park, Anchor Park Parking Lot, and the Municipal Beach Volleyball court on March 4, 2015 for the filming of a television commercial. J. REQUEST TO ATTEND FLORIDA CITY AND COUNTY MANAGEMENT ASSOCIATION (FCCMA) 2015 ANNUAL CONFERENCE: Approve a request for Cily Manager Donald B. Cooper, to attend the Florida City and County Management Association (FCCMA) 2015 Annual Conference sponsored by the Florida Leamue of Cities on May 27-30, 2015 in Orlando, Florida; and authorize the payment of travel expenses in the amount of$1,394.04. K. RESOLUTION NO. 23-15: Approve Resolution No. 23-15; supporting Senate Bill 246 sponsored by Florida State Senator for District 34 Maria Sachs that amends Chapter 316, Section 305, Florida Statutes to include enhanced penalties for texting while driving violations when committed in a School Zone or School Crossing and removes the requirement that specified provisions be enforced as a Secondary Action by a Law Enforcement Agency. L. PROCLAMATIONS 1. Paralyzed Veterans of America Awareness Month—April 2015 2. Water Conservation Month—April 2015 M.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 9, 2015 through March 27, 2015. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Republic Construction Corporation (Bid No. 2015-17) in the amount of $47,010.00 for replacement of the North and South Ocean Boulevard Beach Gazebos. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 334-4141-572-68.83 (General Construction Fund/Parks & Recreation/Beach Pavilion). 9. REGULAR AGENDA: A. SERVICE AUTHORIZATION NO. 12-06/DENNIS J. LEAVY & ASSOCIATES, INC./SURVEY OF N.E. 71H-- AVENUE ALLEY: Consider approval of Service Authorization No. 12-06 with Dennis J. Leavy & Associates, Inc. in the amount of $5,530.00 for the survey of N.E. 71h- Avenue Alley Improvements (Project No. 2015- 035). This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03 (B), "Multiple Acquisitions From Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year" and Section 36.06(A)(3), "Extension of Completion of Dates". Funding is available from 448-5461-538-63.90 (Storm Water Utility Fund: Physical Environment/Flood Control/Other Improvement). B. STREET LIGHTING AGREEMENT/ FLORIDA POWER AND LIGHT COMPANY (FPL)/ FEDERAL HIGHWAY BEAUTIFICATION PROJECT NO. 2009-009: Consider approval to execute a Street Lighting Agreement with Florida Power and Light Company (FPL) in the amount of $63,805.80 for the removal of existing cobra head street lights and poles in conjunction with the Federal Highway Beautification Project No. 2009-009. Funding is available from account 334-3162-541- 68.52 (Construction Fund: Public Works/Road and Street Facilities/Other Improvements/Federal Highway Beautification). C. CONTRACT AWARD/ DEVLAND DEMOLITION AND SITE, INC./ LIME SLUDGE REMOVAL AND DISPOSAL: Consider a contract award to Devland Demolition and Site, Inc. for Lime Sludge Removal and Disposal from the Water Treatment Plant at a unit cost of$5.97/cubic yard, at an estimated annual cost not to exceed $210,000.00 This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from account 441-5122-536-34.90 (Water and Sewer Fund: Water Treatment and Storage/Other Contractual Services). D. SIDEWALK AND PARALLEL PARKING CLOSURE/ CANNERY ROW DELRAY BEACH: Consider approval to close the existing sidewalks and parallel parking to pedestrian traffic along N.E. V-1 Avenue, N.E. 3rd Street, and N.E. 211d Avenue for a period of six (6) months for construction of the Cannery Row Delray Beach Phase II. E. BID AWARD/DP DEVELOPMENT OF THE TREASURE COAST, LLC/ OSCEOLA PARK ALLEYS PHASE 2, PINEAPPLE GROVE DRAINAGE AND LIME LANE IMPROVEMENTS: Consider approval of a bid award to DP Development of the Treasure Coast, LLC., in the amount of $303,720.00 for the following projects: 1) Osceola Park Alleys Phase II 2, Pineapple Grove Drainage and 3) Lime Lane Improvement Projects. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 334-3162-541-65.85 (General Construction Fund: Public Works/Transportation/Capital Outlay/Osceola Park) and 448-5461-65.85 (Storm Water Utility Fund: Physical Environment/Other Improvements/Osceola Park). F. PURCHASE AWARD/MULTIPLE VENDORS FOR THE PURCHASE OF 18 VEHICLES: Consider purchase award to various vendors to purchase fourteen (14) cars and trucks using Florida Sheriffs Contract No. 14-22-09-04; and four (4) cars from Garber Chevrolet using Florida State Contract No. 25100000-15-010. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contracts". Funding is available from account 501-3312-591-64.20 (Garage Fund: Vehicle Replacements/Intra- 2overnmental Services/Machinery/Equipment/Automotive). G. RESOLUTION NO. 21-15/REIMBURSEMENT AGREEMENT/ PALM TRAIL ENCLAVE, LLC/ 1745 PALM TRAIL NORTH: Consider approval of Resolution No. 21-15; allowing a third party to obtain written quotations for the cost of material and labor for the installation of a drainage pipe for a portion of the Palm Trail/Allen Avenue drainage project, in an amount not to exceed $24,900.00, which will be reimbursed by the City; declaring by a four-fifths affirmative vote that the City's written quotations method of procurement for this portion of the drainage project is not in the best interests of the City for the property located at 1745 Palm Trail North. Funding is available from account 448-5461-538-68.55 (Storm Water Utility Fund: Capital/Physical Environment/ Flood Control/ Other Improvement/ Allen Drive Drainage). H. WORKFORCE HOUSING OPTIONS/SOFA DISTRICT LOFTS: Consider approval of the available options for the Sofa District Lofts mixed use development to satisfy the workforce housing requirement by providing the units onsite, providing a monetary contribution, or delivery of offsite units; a combination of these three options is permissible. L AMENDMENT NO. 1 TO THE PARKING LICENSE AGREEMENT/LSMS, INC. D/B/A TRAMONTI RESTAURANT: Consider approval of Amendment No. 1 to the Parking License Agreement with LSMS, Inc. d/b/a Tramonti Restaurant to expand hours of its valet queue operation to provide daytime valet parking services while increasing valet queue spaces to $141.94 per space per month located 111 East Atlantic Avenue. J. BID AWARD/ EARTHLY DESIGN & RESOURCES, INC. D/B/A MOBILE LAWN SERVICE/ LANDSCAPE MAINTENANCE: Consider bid award (Bid No. 2015-28) to Earthly Designs & Resources, Inc. d/b/a Mobile Lawn Service in the amount of $58,200.00 for landscape maintenance along Congress Avenue North to Lake Ida; Homewood Boulevard, Linton Boulevard, and three medians on Military Trail. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section (A), "Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or Greater". Funding is available from 119-4144-572-46.40 (Beautification Trust Fund: Repair & Maintenance Services: Beautification Maintenance). K. RESOLUTION NO. 20-15/JCD SPORTS GROUP, INC; DELRAY BEACH TENNIS CENTER: Motion to adopt Resolution No. 20-15 by four-fifths vote, declaring that the City's sealed competitive method or written quotations procurement method is not in the best interests of the City, and to approve a retroactive contract for the period of December 1, 2014 through September 30, 2016 in the annual amount of $27,609.24 between the City of Delray Beach and JCD Sport Group, Inc. for tennis management services for the Delray Beach Tennis Center. L. PARTICIPATION IN APPEAL OF CIRCUIT COURT DECISION TOWN OF GULFSTREAM, ET.AL V. PALM BEACH COUNTY — OFFICE OF THE INSPECTOR GENERAL (OIG) FUNDING LITIGATION: Provide direction on whether or not to participate in an appeal of Circuit Court decision of the Town Gulfstream, et al v. Palm Beach County — Office of the Inspector General (OIG) FundinM LitilZation. M.AMENDMENT TO A SETTLEMENT AGREEMENT AND CONSENT ORDER/CARON FOUNDATION OF FLORIDA, INC.: Motion to approve amending the Settlement Agreement and Consent Order with Caron Foundation of Florida, Inc. to require Caron to pay an annual sum equal to the amount of public school board taxes in lieu of providing in-kind services, specifically, substance abuse training and education. N. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Nomination for appointment of one (1) regular member to serve on the Public Art Advisory 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). O. NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD: Nominations for appointment of one (1) regular member to serve on the Police Advisory Board to serve an unexpired term ending July 31, 2017; and for three (3) regular members to serve unexpired terms ending July 31, 2016. Based on the rotation system, the nominations for appointment will be made by Commissioner Katz (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2017. Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1) will make nominations for appointment for three (3) regular members to serve unexpired terms ending July 31, 2016. 10. PUBLIC HEARINGS: A. NONE 11. FIRST READINGS: A. NONE 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. NONE i MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: March 18, 2015 SUBJECT: AGENDA ITEM 4.A.-REGULAR COMMISSION MEETING OF APRIL 6,2015 OCTOBER 21,2014 REGULAR CITY COMMISSION MEETING MINUTES OCTOBER 21, 2014 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:03 p.m., Tuesday, October 21, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- Commissioner Adam Frankel Also present were - Terry Stewart, Interim City Manager Noel Pfeffer, City Attorney Kimberly Wynn, Acting City Clerk 2. The opening prayer was delivered by Reverend Alexis Talbott. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: A. None 5. PRESENTATIONS: 5.A. RESOLUTION NO. 56-14: Approve Resolution No. 56-14 recognizing and commending Leon Slydell for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 56-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING LEON SLYDELL FOR THIRTY YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. 10/21/14 (The official copy of Resolution No. 56-14 is on file in the City Clerk's office.) Mayor Glickstein read Resolution No. 56-14 into the record. Mayor Glickstein moved to approve Resolution No. 56-14, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Said motion passed with a 4 to 0 vote. 5.B. Spotlight on Education Presentation Mitch Katz, Chair of the Delray Beach Education Board, briefly discussed "Delray Reads Day" and introduced Janet Meeks, Education Coordinator who coordinates the summertime program and displayed a video that is also available on the City's YouTube page as well. Dr. Ian Saltzman, Area Superintendent, thanked the Education Board, Ms. Meeks, Mr. Katz, Mayor Glickstein and the City Commission. Dr. Saltzman stated the most important thing in our schools is leadership and teaching children how to read. He stated according to the data by area Delray Beach should be very proud because their scores outdid many other municipalities. Paula Joseph, Area I EDW Specialist, stated all the schools in Area I in Delray Beach are rated A, B, or C's. Mr. Saltzman stated Morakami Park which is an "A" rated school is also a National Blue Ribbon School of Excellence, Village Academy is one of three schools that are up for AVID School of the Year, Carver Community Middle School participation rate in the IB Program has increased over 30%, and the Robotics Team will pair up with the Robotics team at Atlantic Community High School in the fall and Spring. Mr. Saltzman stated Atlantic Community High School many students of the Class of 2014 entered college; 1 of 3 are enrolled in the IB Program. He stated the Robotics World Champions are from Atlantic Community High School. William Fay, Principal of Banyan Creek Elementary School for 20 years; a total of 52 years in education, introduced a dog who is part of Banyan Creek's positive reading program and part of the Sheriff Ed Program which is a program that the children particularly the ones that are not very good readers have no trouble reading to the dog because the dog is not judgmental. Mr. Fay stated Banyan Creek Elementary is an "A" rated school and the emphasis every day is safety and instruction. He thanked the Education Board for their leadership that they provide and the encouragement they give the schools and teachers every year through various activities that they sponsor. Mr. Fay thanked the Police, Fire, and EMT's. Mr. Fay stated they have 978 students and grow during the year and last year closed out at 1,024 students. He stated Banyan Creek also has the largest ESE Special Needs School in Palm Beach County (566 students); they have a deaf and hard of hearing program; Pre-K, specific learning disabilities; alternative 2 10/21/14 communication classes (AAC Class) autistic disorder, speech impaired, language impaired and two units of emotionally and behaviorally disorder children. Mr. Fay stated they have an exceptional drama club, drum line, garden club, and 20 plus after school clubs and activities. Rona Tata, Principal of S.D. Spady Elementary School, stated she lives and works in Delray Beach and loves the city. Ms. Tata displayed a brief marketing video and provided copies of S.D. Spady's fact sheet. She stated S.D. Spady just celebrated its 25th Anniversary as a Montessori Magnet Choice Program. Ms. Tata stated they have about 800 applicants each year for 150 spots and although they service the entire district of Palm Beach County 52% of their population comes from Delray Beach. Mayor Glickstein stated Delray Beach has great schools because of the great principals, administrators, and teachers. He stated "Delray Reads Day" will be held on November 6, 2014 and encouraged everyone to volunteer one hour of their time to read at one of the elementary schools. Mayor Glickstein thanked Mr. Fay, Ms. Tata, and Mr. Saltzman for all their hard work. At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by Mr. Ronald Galinsky regarding whether or not there should be left-hand turns on Atlantic Avenue because he felt it was becoming cumbersome for traffic, the Interim City Manager stated the Engineering Department has indicated that the City will engage a Traffic Engineer Consultant to study this request and the initial meeting with that consultant was held last week. Mr. Jacquet stated the Commission discussed this previously about specifically the intersection at S.E. 2nd Avenue and N.E. 2nd Avenue (Pineapple Grove and Atlantic Avenue) with prohibiting left turns. Mr. Jacquet stated he believes the decision was unanimous to go forward and try to avoid left turns at this intersection. Mr. Jacquet suggested that staff contact the Engineering Department to see if a study was already done. With regard to a prior concern expressed by a resident about the "zoning in progress" issue who suggested that with this proposal that the Commission make a distinction if it is a new application or not, the Interim City Manager stated the "zoning in progress" resolution states that applicants not consistent with the future LDRs will be deferred. If staff determines there are no conflicts with the proposed LDRs, then they will continue to work with them and move those forward. 3 10/21/14 Secondly, with respect to a concern expressed by Alice Finst about rental properties being required to have permit stickers by the door and stated that there are 648 drug abuse facilities in the city. The Interim City Manager stated staff is not sure how Mrs. Finst came up with this number; however, if she has specific data that she can cite then staff will be happy to speak with her and get that data. The Interim City Manager stated the landlord permits are issued on an annual basis and decals are issued for each vehicle assigned to a property according to the lease. He stated the City looks at this as a benefit for both enforcement efforts and serves as a visual to residents who should be parking in a particular location on a regular basis. 6.B. From the Public. 6.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated residents fought the development on the southeast intersection of Linton Boulevard and Federal Highway for approximately 1'/z years because they were concerned that it would be overdeveloped and there would be no parking spaces. Dr. Kirson stated Trader Joe's takes up 40-70% of the parking spaces and there is room for about 15 stores. He asked if there is anything the city can do because he does not want to see a failed development. 6.B.2. Steve Blackwood, 337 Artist Alley, Delray Beach, FL, (Artist/Sculptor), stated they currently have 31 artists and 21 spaces in Artist Alley with 21 artists on a waiting list to get in there. Mr. Blackwood stated 27 of the artists in Artist Alley are housed in warehouses and they rent space. He stated the property has gone into foreclosure and November 13, 2014 the property is going up for auction. Mr. Blackwood expressed concern that a developer may come in and want to put in residences and tear down the warehouses and displace 21 artists. He stated the artists came into this community as part of the Pineapple Grove Arts District and distributed brochures showing over half of all the art studios are in Artist Alley. Mr. Blackwood stated the artists have galleries and studios with up to 400 people who come on event nights and those people support local businesses. Mr. Blackwood urged the City Commission to take whatever measures are necessary to protect the artists in Artists Alley Arts District and upcoming foreclosure and sale of the buildings. He suggested that an Estoppel be recorded in the court to limit the development of the property until it is researched and that the Commission aggressively protect and promote the Arts District. 6.B.3. Vickie Lovell, 200 N.E. 2nd Avenue #309, Delray Beach, FL 33444, stated one of the primary reasons she purchased the property is because of the Arts District and believes it is an enormous contribution to this city. Ms. Lovell urged the City Commission to figure out a way that is legal and fair to protect that designation as an Arts District or incentivize a future purchaser to continue to maintain the property for working artists and encourage the CRA to do the same as well. 6.B.4. Patrick Halliday, Board Member for Human Powered Delray and President of the Delray Beach Bicycle Club, thanked Interim City Manager Stewart, Police Chief Goldman and the members of the Police Department for their support and 4 10/21/14 the fantastic job they did with the Human Powered Delray Bicycle Safety Awareness Ride held on October 12, 2014. Secondly, Mr. Halliday stated he supports the request for the Letter of Agreement and Contract between Delray Beach Police Department, the University of South Florida and the Board of Trustees to receive funding for educational programs. Mr. Halliday urged the City Commission to approve this item so they can move forward. 6.B.5. Ron Nobili, 159 Marine Way, Boat Slip #15, Delray Beach, FL 33444, briefly discussed the Marina District Parking Permit Program Proposal and expressed concern that some boaters will be discriminated against because if there are people with two (2) vehicles they will receive a permit from the Parks and Recreation Department, buy a permit, and get a guest pass so they will be able to utilize three (3) parking spots. Mr. Nobili stated if you are single or only own one (1) vehicle he feels people are being discriminated against because they cannot use the second permit. Therefore, Mr. Nobili stated those residents who will be paying the same amount will only be able to utilize two (2) parking spots because he cannot use the second permit. Mr. Nobili suggested that instead of having to specify the permit to a certain vehicle, that the City provide three (3) guest passes to each boat owner for sixty($60.00)and make it equitable for all. 6.B.6. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33483, thanked City staff for coming up with some viable options with respect to the safety measures on Barwick Road. Mr. Katz stated the recommendation for a guardrail is the most affordable and is a good temporary solution. Mr. Katz commented about a bond referendum in the future for improvements to Barwick Road (i.e. asphalt sidewalks should be concrete, etc.) and Barwick Park needs to be completely redone. 6.B.7. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated she attended a Mayor's meeting several weeks ago at a church on South Swinton Avenue and the number 648 sober homes came out of that meeting. Ms. Finst stated she attended the previous Special meeting in preparation for hiring a new City Manager and feels that Interim City Manager Terry Stewart is the best candidate for the City Manager position because he is already here and he has no warm up time. 6.B.8. Lori Stumess, 180 N.E. 4th Avenue, Delray Beach, FL 33483, stated her business Avenue Photography and Video located at 343 N.E. 3 rd Avenue backs up to Artists Alley. She commented about the importance of having Artists Alley in the Arts District of Pineapple Grove and spoke about a few very famous artists whose work is all over Delray as well as the world and the Boca Museum of Art. Ms. Sturgess stated she does not want to see Delray Beach lose its Arts District status to another town where the city is actively pouring money into the Arts District to benefit their community. 6.8.9. Mitzi Kaitz, 331 N.W. 8th Avenue, Delray Beach, FL 33444, asked the City Commission is there any possibility to medicinal marijuana becoming legal in Florida and where dispensaries may open. Ms. Kaitz stated if it does become a state law other cities are planning in case local officials have some input as to the zoning laws. 5 10/21/14 The City Attorney stated this will be a first reading/first public hearing item on the November 4, 2014 City Commission Agenda on a moratorium for one year. 6.8.10. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, briefly commented about the changing culture in downtown Delray especially during the day. Mr. Humanik stated he attended a Parking Management Advisory Board meeting and there was discussion about putting parking meters on Atlantic Avenue. In his opinion, Mr. Humanik stated there is not a problem parking on Atlantic Avenue during the day and feels that certain things in the city should not be changed. Mr. Humanik suggested that the Commission reject the premise that there is a problem. He stated there have been times where he has been unrealistic about what he expected the Mayor to do and he supports the Commission with respect to development. He stated if the Commission could all get along he feels great things could happen in his neighborhood for all the people who live there that share a common interest. 6.8.11. Gregg DeBartolo, 1131 Boxwood Drive #37-C, Delray Beach, FL 33445, commented about the crime in the city and in his opinion he stated there are too many shootings and homicides for a city of this size. Mr. DeBartolo suggested that the city implement a Gun Buy Back Program. 6.8.12. Adriana, AR Gallery and Artists Alley, 340 N.E. 4th Street, Delray Beach, FL 33444, supports the previous artists who spoke this evening and stated they hold events at their gallery that bring in numerous people from Delray, Boynton, West Palm Beach, Miami and from out-of-town. She stated AR Gallery is holding an event on October 31, 2014 on Halloween that benefits Habitat for Humanity in Delray Beach. 6.8.13. Ari Whiteman, 5091 Washington Road, Delray Beach, FL 33484, stated Interim City Manager Terry Stewart is doing an excellent job and suggested that the City stop with the selection now and name Mr. Stewart the City Manager. Secondly, Mr. Whiteman thanked the City Commission for the hard work they do. 6.11.14. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444, commented that the Federspiel Garage has been pressured cleaned and it looks a lot better. 7. AGENDA APPROVAL. The Interim City Manager requested that Item 9.D., Agreement/RCC Consultants, Inc. be removed from the Agenda. Vice Mayor Petrolia moved to approve the Agenda as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet—Yes. Said motion passed with a 4 to 0 vote. 6 10/21/14 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/ST. GEORGE: Approve a final plat for St. George, a 38-unit Townhouse Project located on the east side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. 8.B. FINAL SUBDIVISION REPLAT APPROVAL/CODA TOWNHOUSE DEVELOPMENT: Approve a final plat to be known as Coda , a 38- unit Townhouse Project located on the east side of North Federal Highway, approximately 360 feet north of George Bush Boulevard. 8.C. ACCEPTANCE OF A RIGHT OF WAY DEED/SWINTON SOCIAL: Approve acceptance of a right-of-way dedication for the alley and S.E. 1st Street and 20' x 20' corner clip associated with the approved adaptive reuse of the properties for 27-43 South Swinton Avenue located in the Old School Square Historic Arts District(OSSHAD). 8.D. ACCEPTANCE OF A RIGHT OF WAY DEED/SE 2ND AVENUE PARKING LOT: Approve acceptance of a right-of-way dedication for the 2' alley for Lots 6 and 7, Block 87, Linn's Addition to Osceola Park, associated with the SE 2nd Ave Parking Lot Project. 8.E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/CONSTRUCTION PROFESSIONAL SERVICES FY 2014-2015: Approve an Interlocal Agreement between the City and Community Redevelopment Agency (CRA)for funding of various construction projects and professional services. 8.F. GRANT APPLICATION AND AWARD/FDOT FOR PEDESTRIANBICYCLE SAFETY EDUCATION AND ENFORCEMENT PROGRAM: Approve the submittal of an application and acceptance of an award to the Police Department in the amount of $46,867.20 from the Florida Department of Transportation (FDOT) for the pedestrian and bicycle safety education and enforcement program. 8.G. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE SUPPORT: Approve a request for city support and assistance for the 9h Project Holiday sponsored by the You Are Not Alone Organization, which provides packages to armed services personnel. 8.H. PROCLAMATIONS: 1. Delray Reads Day! —November 6, 2014 8_I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 29, 2014 through October 10, 2014. 7 10/21/14 8.J. AWARD OF BIDS AND CONTRACTS: 1. Contract award to All Webb's Enterprises, Inc., in the amount of $94,600.00 for the Production Well Rehabilitation project (Bid No. 2014-44). This is in compliance in Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is available from 442-5178- 536-68.14 (Water and Sewer Renewal and Replacement Fund: Improvements Other/Production Well Rehabilitation). 2. Bid award to Elev8 Sports Institute, Inc., in an amount not to exceed $75,840.00 for the for Landscape Maintenance services for Seacrest Soccer and HillTopper Stadium. This is in compliance in Chapter 36, Section 36.02(A), "Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year". Funding is available from 001-4131-572- 34.90 (General Fund: Other Contractual Service). Deputy Vice Mayor Jarjura moved to approve the Consent Agenda, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet—Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT REGARDING ATLANTIC CROSSING AND RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT: Consider approval of an Amended and Restated Development Agreement ("Amended Agreement") consistent with the January 2014 site plan approved by the City Commission and the Atlantic Crossing Conditional Use and Class V Site Plan Approval Staff Letter dated February 12, 2014. The City Attorney stated tonight the City Commission will be holding and the only legal requirement today is that the City Commission hold and conduct a public hearing. The City Attorney gave a brief history of Atlantic Crossing. The City Attorney stated the agreement before the City Commission this evening is an amended and restated development agreement that attempts to implement the specific terms and the conditions of the site plan approved by SPRAB and that was affirmed as a result of the appeal by this City Commission in January 2014. The City Attorney stated while the City Commission has some discretion this evening, this is not a fresh look at this project. The City Attorney stated when the current site plan was approved by the City in January 2014, the City and the developer each agreed to be bound by the terms of that site plan. The purpose of the development agreement on tonight's agenda is not intended to either 8 10/21/14 expand any of the prior obligations that this city made to this developer conversely it does not contract those commitments made by the city either. The City Attorney stated more specifically this agreement incorporates the site plan and the conditions of the site plan which were articulated in a February letter (attached to the development agreement) and binds the developer to all of those obligations. The City Attorney stated the developer agrees to pay $175,000 for a shuttle bus upon the issuance of a final CO; the developer at its expense will provide traffic signalization at N.E. 1st Avenue and N.E. 6th Avenue and Atlantic Avenue and N.E. 7th Avenue; required to provide more traffic calming in Palm Square; the city at its sole discretion will determine whether N.E. 7th Avenue is to be permanently closed, partially closed, or left open with the option of traffic calming at the developer's expense and as directed by the City Engineer; requires the developer to provide beautification to US-1, requires the developer to pay and install a bus shelter, developer has to contribute $500,000 to implement the Veterans Park Master Plan, the developer has to perform sidewalk maintenance in the public right-of- way, at developer's expense it has to relocate numerous trees within the project site to Veterans Park or some other location designated by the city, and it has to provide workforce housing in accordance with the LDRs. The City Attorney stated the development agreement also incorporates the site plan letter from staff and this letter contains 71 specific conditions for the site plan, 10 conditions to the landscaping plan, and 11 conditions to the building elevations. The City Attorney stated there are two lawsuits that remain pending with respect to this matter both filed by the Harbour House Homeowners' Association. The first one is for a petition for a writ of certiorari which is the legal remedy with respect to the denial of the appeal by this City Commission. He stated that legal matter has been fully briefed as of mid-July and it is pending in the 15th Circuit and he expects that over the next 90 days he expects a ruling. The City Attorney stated that case relates to the procedure and due process rights of the applicant and whether or not this Commission in rendering its decision departed from the essential requirements of law. The City Attorney stated the second case pending filed by the Plaintiff and it deals with allegations with respect to potential easement rights and dedications which appeared within the underlying documents. The City Attorney stated when he wrote his memo the motion to dismiss was pending and noted that the motion to dismiss was granted and as of last Friday the Plaintiff filed a notice of a request to have that case dismissed with prejudice. The City Attorney suggested that it is probably not a concession but rather a strategic move with respect to some further action with respect to that complaint. With respect to the site plan, the City Attorney stated there will be a right in and a right out. Mike Covelli, Applicant, stated with regard to the right-in/right-out access they have an approval letter from FDOT for that entrance so it will be an in and an out of Federal Highway. Mayor Glickstein asked why the City Commission is given the recommendation of discretion rather than a specific direction on how to proceed. The City Attorney stated the City is not legally required to enter into a development agreement; however, the City Attorney stated he is prepared to provide his 9 10/21/14 recommendation from a legal perspective he is prepared to do that. Brief discussion followed between the City Attorney and the City Commission. Mayor Glickstein declared the public hearing open. Bob Ganger, 1443 North Ocean Boulevard, Gulf Stream, FL 33483, the development agreement that the City Commission may or may not be considering tonight is flawed. Mr. Ganger stated the applicant has indicated that the right in and right out into the garage is now potentially a part of the agreement. Mr. Ganger stated the developer's attorney Stanley Price made the following statement during the appeal hearing: "Earlier today we received a letter from the Florida Department of Transportation approving a full driveway off of Federal Highway into our project to a parking area of approximately 500 spaces. It will have a direct right turn in and right turn out." Mr. Ganger stated there are other things that the public thought they won in the appeal that are not in the amended developer's agreement. He urged the City Commission to listen to the public. Allen Slosberg, 200 MacFarlane Drive Apt. #502-N, Delray Beach, FL 33483,the Atlantic Crossing project continues to be a problem for Delray Beach as it was approved and developed against the wishes of an overwhelming majority of residents. He stated this is an opportunity for the City Commission to try and correct those mistakes that were made and support the residents of Delray who will have to live with this project for a very long time. Mr. Slosberg stated on prior occasion this Commission has been very successful in rescinding contracts that were unfair to the will of the people or a detriment to Delray Beach and urged the City Commission to delay the Atlantic Crossing project for further review for these kinds of situations. Delray Beach resident (did not state name), thanked Mayor Glickstein and the City Commission for all the time they put in sitting on the Commission. She stated citizens are concerned over the Atlantic Crossing Development because there are many ambiguities. Ms. urged the City Commission to slow this down and stated the traffic generated by this development was and still is a major concern given its proximity to the Atlantic Avenue Bridge bordering the east and the railroad track three blocks to the west. She stated one of the major concerns is the disappearance of Atlantic Court for which they gave up a street and an alley. She stated everyone seems to agree that Federal Highway should be the major point of access and unless that removal was transparent and documented and approved by the appropriate bodies as a change on the subsequent presentations (i.e. site plans, etc.) it has to be put back. She stated it does not seem legal to agree that something so specific then unilaterally decided to be removed without it being clear to all and in writing. She stated nothing regarding the absolute need for Atlantic Court has changed and feels the City should demand that it be included in the proj ect. Arlen Dominek, 50 East Road, Delray Beach, FL 33483, supports the development; however, many residents have much concern over the development agreement and how it has been presented. Mr. Dominek stated it would be a great addition to the city, appreciates the financial investment of the owner and the developer, 10 10/21/14 and it will increase property taxes, the creation of jobs, and a more robust central business district. He displayed photos of Atlantic Avenue with the traffic backed up at approximately 2:03 p.m. on Monday and the bridge opened at 2:45 p.m. and 18 minutes later Atlantic Avenue was still backed up. Mr. Dominek expressed concern about what this agreement is doing and whether it protects he citizens and the city or is it just for the developer. Carolyn Patton, 1020 Tamarind Road, Delray Beach, FL 33483, stated the following questions that community leaders and legal experts in the neighborhoods around this development have brought to her and highlighted the most significant: (1) where is the definitive guaranteed language for the entrance/exit the developer's promised off Federal Highway into their garage? (2) Why does the agreement either list this and so many other items as a specific condition that must be satisfied for them getting a building permit? (3) Is due process being served when this agreement was negotiated with: (a) litigation ongoing; (b) it was written with any citizen input or knowledge, and (c) it was done behind closed doors, (4) Is due process being served when developers were negotiating with city officials to craft this agreement but citizens who are not party to the lawsuit and who called City Hall with questions are told by staff that they cannot discuss anything because it is under litigation. Ms. Patton stated because there are so many questions and omissions she urged the City Commission to defer making a decision on this. Sandy Zeller, Vice-President of the Marina Historic District, (practiced municipal law in New Jersey for 35 years), urged the City Commission to further review this developer's agreement since there are numerous reasons why this agreement is not ready or approval and execution by the city as now drafted. Mr. Zeller stated Section 2.e. and Section 26 say that both parties drafted this agreement and that any interpretation cannot be construed against either party thus the parties are left only with what is in the four corners of the document and it is important to have a document that articulates all of the items that are going to be included in that developer's agreement. Mr. Zeller stated some things that were promised are Section 8 states "that only that the approvals are set forth in Exhibit"B" site plan but it should state "that all of the conditions in Mr. Pape's letter are incorporated by reference as part of those approvals." Mr. Zeller stated Section 8(c) refers to Density, Intensity, Uses and Building Heights yet the specific number of residential units square feet of retail restaurant office parking spaces and maximum building heights are not specified; Section 4 states that in past agreements are rescinded including the east/west road as well as the easements related to that road; however, this agreement does not include the easements or any of their terms. Mr. Zeller asked why there is not a version clause as like in the 2009 agreement that protects the city so that if there is not full compliance at least there will be some delay in the finality of the abandonment. Mr. Zeller stated the original agreement the developer stated that with respect to valet parking there would be three (3) stations; two (2) above ground and one (1) underground and this agreement states that there is only one (1) aboveground. 11 10/21/14 Nancy MacManus, 138 Marine Way, Delray Beach, FL 33483, stated the developer said in January to the City Commission that there will be no construction traffic allowed through the Marina Historic District or Palm Trail neighborhoods and this is not in the agreement or Mr. Pape's letter; Section 3.32(b) — Assignment and Transfer of Development Rights states "The City has no right to control or to consent to a transfer of development rights to another person or entity except in limited circumstances." Ms. MacManus stated this is a massive development and needs to be revisited to give the city control and to vet any transfer to anyone else. Claudia Willis, 160 Marine Way, Delray Beach, FL 33483, stated there are so many questions with Atlantic Crossing the largest development ever proposed for Delray Beach. She urged the City Commission to bring in an outside independent consultant to protect the city as like the city did in 2009 when Steve Rubin was engaged for the initial development agreement and what has been done with Waste Management. Ms. Willis stated the recent Auburn Trace foreclosure which could expose the city to significant losses was an example of what happens when the city defers too much to a developer. Ms. Willis urged the City Commission to defer approval until they are able to solicit additional input from the public and resolve outstanding questions. Karen Granger, President and CEO of the Greater Delray Beach Chamber of Commerce,reiterated that on behalf of the Chamber of Commerce that they have publicly expressed their support of this project primarily because it ties in with the their mission of job creation during the project, long-term, and is a positive use of underutilized space. Ryan Boylston, 101 N.E. 11th Street, Delray Beach, FL 33444 (Board member of the Downtown Development Authority and speaking on behalf of the Downtown Development Authority), stated the DDA agrees with the height, density and design of this project; none of those items fall within our purview; however, Mr. Boylston stated what does is retail development and he made reference to the Cluster Study and explained that this project is within Cluster 6 which is a critical pedestrian link between the beach district, Cluster 8, and the heart of downtown Cluster 4. He stated "the DDA is committed to continuing this retail strategy and will rely on the development of Atlantic Crossing to help Cluster Six become more functional. The DDA staff has been consulting with the developers regarding retail mix within this development over the past several years." Mr. Boylston stated he supports this project because he has seen this project go through many years of revisions and this is a refined project with a quality developer in an area of need. He stated with this project the city is getting mixed use, needed office, needed retail and city infrastructure improvements and a list of conditions approved by the developer. Gregg DeBartolo, 1131 Boxwood Drive Apt. "C", Delray Beach, FL 33445, stated as the site sits now it is ugly and vacant. Mr. DeBartolo stated the density fits in with the Colony Hotel and the Seagate Hotel. He stated traffic is an issue and if Federal Highway was not adjacent to the project then is would not be supporting it. Mr. DeBartolo stated he does not see the impact on the residential neighborhood to the north being as great as it could have been if Federal Highway was not there. He urged the City 12 10/21/14 Commission to move forward with this project. Marie Gardella Nofsinger, 329 N.E. 7th Avenue, Delray Beach, FL 33483 (lived in Delray Beach for over 30 years; in this house for 23 years), stated this street is a nightmare of traffic and she works from her home for a hospital system and the cars speed up and down N.E. 7th Avenue all day long. She suggested that the light at the intersection of N.E. 7h Avenue and Atlantic Avenue be moved east of the intersection; people heading west speed over the bridge and even if the light is yellow drivers pull up blocking off 7th Avenue so people cannot cross over to S.E. 7th Avenue. Ms. Nofsinger stated there was discussion of 7th getting closed off and suggested that it be closed at 4th and 2nd because people can still get in from Federal Highway that live there. She stated it takes away her quality of life to listen to traffic all night and all day long. Ms. Nofsinger stated she lives here and cannot get to the beach or the grocery store. She feels the project needs to re-think this out and instead of the tearing down the plaza to re-green it and use what we already have. Kristine Dehaseth, 29 Sable Island Drive, Boynton Beach, FL 33435 (former Delray Beach resident and leased an office space in Delray Beach for 8 ears), stated over 18 months ago she expressed ongoing concern of the future of Veterans Park (privatization of the park, lack of adequate parking and access for visitors, and the pets from Atlantic Crossing would be roaming the streets looking for relief since they are not welcome in the park per city rules). Ms. Dehaseth stated this agreement needs to be legally binding condition of the agreement with certain specifications with payment of the funds date certain and under the jurisdiction of Parks and Recreation. She requested that the City Commission add the following to the proposed amended agreement: (1) $500,000 be placed in escrow upon execution of the agreement, (2) the funds be non-refundable, (3) the commitment to the funds be transferred to any future agents or parties, (4) the park remain open during construction and all necessary steps to maintain the access and the cleanliness of the park be the responsibility of the developer, (5) disbursement of the funds be at the discretion of the city and Parks and Recreation so the funds can be best utilized in the Master Plan renovations when they are needed and not held hostage in return for the issuance of the Certificate of Occupancy. Robert Hartsell, representing the Harbour House Homeowners' Association, 825 N.E. 1st Street, Delray Beach, FL 33444, stated for the record he submitted a binder with the documents that go along with the City Attorney's summary of what the issues are. In addition, Mr. Hartsell stated there are transcripts of all of the meetings in regard to the formal approvals and he submitted a comment letter. Mr. Hartsell stated in 2009 there was a promise made that there was going to be Atlantic Court (easement) to go through and the developer came back in 2011 and received this Commission's vote to grant and dedicate those easements so that Tracts D (dedicated for Atlantic Court) & Tract E and was the easement was recorded with Palm Beach County. Mr. Hartsell stated the Harbour House Homeowners' Condominium Association would like to keep the easement. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445 (speaking on behalf of S.A.F.E.), asked if this development agreement would 13 10/21/14 supersede or supplement what is already in the approved project. Ms. Anderson stated she believes that there was agreement from the developer to fully fund and provide a dedicated right-turn lane for west bound traffic on 1st Street turning onto Federal Highway going north. She commended those who have worked on the development agreement for including the bus shelter and the money for a shuttle. Ms. Anderson stated for the reasons stated by the Chamber of Commerce and Downtown Development Authority (DDA) she feels this project will be a great for the city and she is glad that progress has been made in relieving some of the concerns about ingress/egress and general congestion. Benita Goldstein, 302 N.E. 7 t Avenue, Delray Beach, FL 33483, stated the City approved the site plan on the condition that traffic problems would be mitigated by this and future developers who own the property knowing the affect, gridlock, and traffic would have on all the neighborhoods on both sides of the bridge. However, Ms. Goldstein stated this is not what the agreement states. Ms. Goldstein stated this agreement is both inconsistent, vague, and has flagrant omissions. She asked how the traffic will be mitigated so as not to overwhelm the neighborhoods and urged the City Commission to protect the rights of the city and the rights of its citizens. Joy Howell, 338 NE 7th Avenue, Delray Beach, FL 33483 (new resident former Commissioner in a beach town), the agreement as presented does not appear to be complete and it does not appear to encompass all of the agreements and the negotiations that went through this long process. She suggested that the City Commission go back and make sure everything is in the agreement and then start the public hearing process. Ms. Howell urged the City Commission to reject the Hold Harmless Agreement regardless if the City Commission waits on the litigation or not because in their case it led their City Council into an alliance with the developer. Charles Dortch, 112 S.E. 7th Avenue #2, Delray Beach, FL 33483 (lived in Florida for 35 years; his home he built for 18 years), urged the City Commission until the lawsuits are settled and see what the outcomes are and proceed from that point and go forward. Joe Silk, 1118 NW 5th Avenue, Delray Beach, FL, 33444, supports the project urged the City Commission to moved forward with the Hold Harmless and Indemnification Agreement to move this project along. Steve Friedman, 235 NE 1St Street #411, Delray Beach, FL 33444, stated he has attended many meetings with respect to this project and he has noticed a continual effort on behalf of the developer to try to meet with the homeowners and the opposing parties. Mr. Friedman stated Board at the Astor consists of five (5) people and there were nine (9) other residents in attendance; eight(8) of the nine (9) were in favor of the project and all five (5) members were in favor of the project. Mr. Friedman stated this will be a world class project and feels this project will give the Avenue a tremendous boost in the right direction with regard to retail restaurants, etc. 14 10/21/14 Zack Odhwani, 2115 South Ocean Bouelvard Apt. #7, Delray Beach, FL 33483, stated this project has been approved and he feels that the developer has made a lot of concessions. Mr. Odhwani stated he fully supports the project and urged the City Commission to move forward with this project. Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483, agrees that this property should be redeveloped and stated the City Attorney did an excellent job in summarizing what took place. However, Mr. Edick expressed concern that this amended development agreement does not incorporate all of the conditions that Mr. Boylston and other speakers have been hashed out. Mr. Edick stated this is a significant project and urged the City Commission to bring this back as a reconsideration and not move forward with the agreement. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, briefly discussed the initial meeting and feels that people cannot blame the developer for not closing 7m Avenue is wrong. Mr. Humanik urged the City to hire a traffic engineer and urged the City Commission to let the court case play out and then come back to work it all out. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented about the same 50 people that speak at every meeting and he urged the City Commission to support this project. Jestena Boughton, 525 East Atlantic Avenue, Delray Beach, FL 33483 (owns and lives at the Colony Hotel), stated everyone is about to see a big change on Federal Highway with the beautification project. Ms. Boughton stated she is in favor of a new development and it is important to know what you get in the open space (i.e. the width of the sidewalk, if there is a bike lane, if there is an alley, if you can drive down the street). Ms. Boughton stated she does not know what the developer is actually proposing right now. Gary Shusas, 120 South Ocean Boulevard #1-E, Delray Beach, FL 33483 (lived in Delray Beach for 12 years), stated less is more and try to make this project something that everyone can be proud of instead of an eyesore. Cindi Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483, stated she is suspect of the development agreement and asked why some things in this agreement and some things notably missing are. She asked what the developer's timing and motivation for bringing this forward is and why the sense of urgency. Ms. Freeburn stated she moved here for what Delray Beach is and asked what does this mean to her and why are we talking about it. There being no one else from the public, the public hearing was closed. Mayor Glickstein asked the applicant's counsel Mr. Handler if he is familiar with the proceedings of his predecessor who is representing the developer when there were representations made regarding the abandonment of the north/south alley in 15 10/21/14 return for the addition of the north/south connecting road from Federal Highway to 7m Avenue east/west. Mr. Handler stated he does not remember the representation that was made at the meeting. Mayor Glickstein stated there was a substantial quid pro quo representation by the developer's counsel about abandoning the north/south alley in return for the east west connecting road and it was publicly noticed as such because there was much public interface about that particular piece and the project was approved. Mayor Glickstein stated in the City Attorney's summary he stated it is platted and it shows the abandonment of that alley and also shows the addition a dedicated tract on the new plat. Mayor Glickstein stated when the site plan came back from approval (the latest approval) which the Commission is not revisiting in this discussion tonight. There was no notice provide neither in the SPRAB report, Planning and Zoning notice to adjoining land owners that the easement abandonment was still in place but that the dedicated tract was no longer part of the plan and asked Mr. Handler if he sees that as a due process issue for the City. In response, Mr. Handler stated he cannot answer at this point without reviewing exactly what the record shows and what the vote was on that particular issue. Mr. Jacquet asked if the City Commission can discuss the merits of the case itself or should they focus on the procedure and he does not want to help any side of the cases. Mayor Glickstein stated he is not suggesting that due process was not followed and is not suggesting due process was followed but is simply suggesting that due process is an issue to be resolved. The City Attorney stated when he met with the developer initially he asked him if he wanted to go forward in light of the pending litigation or wait and the developer responded "full speed ahead." For that reason, the City Attorney stated it is relevant to the discussion today and he does not have an objection to discuss the litigation; and, the petition for the writ of certiorari is fully briefed and it is almost in the form of an appeal and he had a telephone conversation with Mr. Handler over the past several days and asked him if he has a problem during this discussion if the lawsuits are discussed and Mr. Handler stated he has no objection to having that as part of the discussion. Mr. Handler reiterated that he has no objection and stated in order to evaluate this properly he believes it should be fully discussed and never wanted to hide behind the litigation which they were defending along with the City. Mayor Glickstein stated it may come that there is no action taken tonight but it may end up being a public discussion on the terms of the agreement and that deferral based on the amount of uncertainty may come for different reasons. Deputy Vice Mayor Jarjura stated development agreements are under the purview of statutory framework that requires certain things to be inside the development agreement; the developer is allowed to construct this project without the development agreement because he has a site plan approval which is a binding agreement that gets rid of the previous approvals and it is a new approval. She stated there are parts of that site plan that a lot of people are not comfortable with; however, Deputy Vice Mayor Jarjura 16 10/21/14 stated that is not what is before the City Commission tonight and thus the reason why the City did not hire an outside consultant and is why the City Attorney is doing this. Deputy Vice Mayor Jarjura stated one thing that kept coming up is that the developer's agreement gives the developer additional benefits that were not afforded in the original site plan approval. The City Attorney stated he has not heard or seen a term that has been raised that he believes was omitted from the developer's agreement. The City Attorney stated what is in the agreement is what is reflected in the site plan approval and in the conditional site plan approval letter from City staff. The City Attorney stated this Commission engages in discussion and debate and because one Commissioner makes a comment or a request, that is not final action; if it is not a motion that is not action. The City Attorney stated this was drafted with the assistance of the Senior Planning staff and if someone can show him in the record where he missed something he would be happy to correct it and then would suggest that the Commission amend it that way. Deputy Vice Mayor Jarjura stated there were comments that the developer's agreement only referenced the approval and not the conditions; the conditions of approval were incorporated into the conditions of approval. The City Attorney stated an Exhibit to this agreement is the February 12, 2014 conditional site plan approval letter executed by City staff referencing the conditions. Deputy Vice Mayor Jarjura stated does a development agreement add any additional requirements that were not part of the site plan that are to the City's benefit (i.e. Veterans Park contribution) and the resident who raised some suggestive language were some good suggestions. The City Attorney asked what some other examples are of requirements that were to the City's benefit that have been added. The City Attorney stated with regard to the tree relocation it is a page worth of the agreement to provide how that is done and there is greater detail on some of the enhancements that the developer is supposed to provide. The City Attorney stated the greatest benefit to the City which does not exist in the site plan agreement is the $500,000 contribution of Veterans Park. Vice Mayor Petrolia mad reference to Section 4 and expressed concern that the developer is getting the benefit. For instance, Vice Mayor Petrolia stated if the issue about the road comes up and the Commission agrees to it, then it would be an inconsistency with what the current site plan would have. The City Attorney stated this is discretionary language and suggested to strike that language. Vice Mayor Petrolia read the following language from the agreement: "The purpose of this agreement is to establish certain conditions which will result in the developer making certain significant infrastructure investments in accordance with the site plan of sufficient magnitude in the city to make the project both physically and financially feasible and to freeze as of the effective date the LDRs which will govern the development of the project. This agreement will provide the parties with additional certainty during the development process all prior approvals resolutions and agreements by and between the City and developer its predecessors, successors, or assigns which are deemed inconsistency with the site plan as defined herein shall be deemed superseded, rescinded, and no longer of any force or affect." 17 10/21/14 Mayor Glickstein suggested ending the paragraph after the word "process" and delete the last sentence. The City Attorney stated if the City Commission proceeds with the agreement that they will strike that sentence. Vice Mayor Petrolia read a brief statement into the record and suggested that this item be tabled until her concerns can be worked out. Mr. Jacquet stated he voted against this project at that time; SPRAB voted to approve and came to the Commission to appeal it and he supported SPRAB's decision. Mr. Jacquet asked if there is anything in this agreement that is out of the ordinary that the City has agreed upon with this developer prior. The City Attorney stated he distributed to this Commission a memo earlier today comparing this development agreement to the prior development agreement and he pointed out two (2) drafting discrepancies; the first one was just discussed which was the second sentence of Section 4; the second drafting discrepancy is the assignment provision; another discretionary provision is written slightly differently in this agreement than was in the prior development agreement. The City Attorney stated other than that and the deal specific points in the site plan approval, there are no differences. Mayor Glickstein referenced the agreement and stated on page 3 the definition of approvals why does that not include the Planning and Zoning approval of the existing plat and City Commission approval of the same plat. The City Attorney stated one of the conditions of site plan approval is that the applicant submit a replat consistent with the site plan; Page S — Section 4 the discretionary language does not belong there (the City Attorney agreed); Page 6 — Mayor Glickstein stated he is not agreeable to extending the development agreement term; Section 9 —public right-of-way there are no easements or right-of-way shown on Exhibit "B" and asked why the plat is not an exhibit to this which does show easements and right-of-way; the City Attorney stated the agreement states that the developer intends to provide so that is why these are not shown and the current plat that is recorded for this parcel represents that this developer has no intention of building under that plat but this developer must replat consistent with the site plan. Mayor Glickstein stated a developer's agreement in many ways will benefit the city and you do not want to just have a site plan approval for a project this complex. He stated the right-in and right-out needs to be codified.in this agreement. Mayor Glickstein stated with respect to the reversion clause on N.E. 7th Avenue and if there is default or non-performance the City needs to have the ability to get its street back in no under certain terms; while the City wants to encourage sidewalk cafes the way he reads this it is not subject to whatever new rules or ordinance the Commission passes relative to sidewalk cafes and that is not acceptable; Page 8, Section 9(k) N.E. 7th Avenue Closure and the Palm Square traffic calming and stated neither of these should be discretionary and it should not be up to a City Engineer to determine what is acceptable given the City does not have a Traffic Engineer; he suggested that there be a traffic consultant and there needs to be some parameters to this which deals with construction which is a totally different remedy than post-completion; post- completion being defined in phases so what is done in Phase 1 or 11 may be entirely different than what is needed when the entire project is completed; with respect to the trigger points relative to Palm Square prior to the issuance of a Certificate of Occupancy 18 10/21/14 for Building 1 that should be prior to a Certificate of Occupancy (CO); Page 9, Section 9(r)— Veterans Park Donation should read "the donation shall be made on the earlier to occur of (a) or (b)." Mayor Glickstein stated this is not considered an impact fee or contract zoning and asked if they can still use this language and require a bonding or a letter of credit without stepping over the contract zoning or impact fee issue; Page 11, Section 12(a) — Universal Approval Expiration Date Mayor Glickstein stated we should not be extending any time on this development agreement; the prohibition on downzoning and asked why this language is necessary; Page 17, Section 32(c) "Any assignment of any part of this Agreement to any person or entity...., which approval will not be unreasonably withheld, conditioned or delayed." Mayor Glickstein stated the language "unreasonably withheld" is too loose for a project of this complexity and suggested that a financial viability/capability piece be put in there instead. Mayor Glickstein stated he recalls there was a representation of the valets and the below grade valet was of critical importance. He stated this needs to be clearly defined because without that people will be pouring off Federal Highway not knowing where they are going. Vice Mayor Petrolia made reference to Page 8, Section 9(i)(1) and 9(1)(2) Traffic Signalization coming out of the garage that was also mentioned during the time the City Commission was discussing this back in January (2014) that was supposed to be provided (inside signalization to alert people so if the bridge were up then people could re-route and exit on the northeast corner). Vice Mayor Petrolia referred to Page 11-12, Section 15 Workforce Housing commented about the workforce housing. The City Attorney stated Article 4.7 of the LDRs is approximately 15 pages which governs Family/Workforce Housing Covenant. Vice Mayor Petrolia commented about Page 17, Section 32(c) and stated the City Commission should be a part of this. Brief discussion followed between Mayor Glickstein and Vice Mayor Petrolia regarding Page 17, Section 32(b). Mayor Glickstein stated benefits are fine as long as there are obligations, terms and conditions. The City Attorney confirmed that they should not receive the benefits without the burdens. Deputy Vice Mayor Jarjura stated the City Commission is bound by the approval of the January site plan and the City Commission has discretion as to when they approve the development agreement. Deputy Vice Mayor Jarjura stated she will provide the City Attorney her technical comments separately. With respect to the agreement, Deputy Vice Mayor Jarjura stated there have been good comments made as to ways on how to improve the development agreement. With respect to Mayor Glickstein's point about the plat, she finds it curious that the Commission is approving a development agreement that references a plat that has not been approved and she would also like to see what happens with the pending litigation. Deputy Vice Mayor Jarjura stated although the City Commission has purview to when they approve this development agreement, they do not have purview as to the details of the site plan and emphasized there will not be any substantive changes to the site plan which includes the east/west road. She explained that this would be a major site plan amendment modification that a previous Commission has already approved it not being there. Deputy Vice Mayor Jarjura stated the east/west road cannot be put in without the developer starting all over with an entirely new site plan and approval process subject to the lawsuit. 19 10/21/14 Mayor Glickstein suggested that staff post to the website and stated the City Commission is not taking any official action on this item tonight. The City Attorney stated when he prepares a revised agreement it will be redlined so everyone will clearly see the new version versus the old. At this point, the time being 9:17 p.m. Commissioner Jacquet left the meeting. At this point, the time being 9:23 p.m., the Commission moved back to Item 9.A. of the Regular Agenda. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/920 SEASAGE DRIVE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standard Matrix", to reduce the lot frontage from 100' feet to 95' feet and the lot width from 100' feet to 87' feet for Lot 3; and to reduce the lot width from 100' to 96' for Lot 4 for the property located at 920 Seasage Drive. (Quasi-Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into the record for Item 9.A. and Item 9.11. Kimberly Wynn, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. Vice Mayor Petrolia stated she spoke to Attorney Steven Wherry briefly on the telephone. Deputy Vice Mayor Jarjura stated she spoke to Attorney Steven Wherry as well. Mayor Glickstein stated he had no ex parte communications to disclose. Dana Little, Planning and Zoning Director, entered the Planning and Zoning Department project file #2014-219 into the record. Mr. Little stated this item is for the City Commission to consider a waiver request and minimum lot dimensions including minimum lot front dimensions and minimum lot width dimensions. The applicant wishes to and width demolish the existing single family home that straddles both existing platted lots and build two new homes; one on each of the lots. Mr. Little stated Lots 3 and 4 are part of Block 5 of the Seagate Plat dated August 17, 1953. The property in question contains Lots 3 and 4 which is zoned R- 1-AAA and the applicant is seeking relief from LDR Section 4.3.4(K) Development Standards Matrix. He stated the property in question backs up to the Intracoastal and fronts SeaSage Drive just southwest of the Azalea Road intersection. Mr. Little stated with respect to the R-1-AAA zoning district there are minimum frontage requirements of 100 feet, minimum width requirements of 100 feet, minimum depth requirements of 110 feet, and minimum lot size square footage requirements of 12,500 square feet. He stated Lot 3 the existing platted lots has a frontage of 95 feet and it exceeds the depth and overall square footage requirements; Lot 4 meets the frontage requirements; however, it 20 10/21/14 exceeds the width requirements by 4 feet and it exceeds the overall minimum lot size square footage requirements. In some case, Mr. Little stated the roads are curvilinear and there are many lots that do not meet the minimum lot frontage requirements. Mr. Little briefly reviewed the waiver findings pursuant to LDR Section 2.4.7(B)(5). The applicant is requesting relief to the minimum lot frontage to allow for 95 feet of frontage versus the 100 feet and there is also a request for a second waiver for Lot 3 which is the minimum lot width dimension (the existing platted lot is 87 feet wide and not 100 feet wide) and Lot 4 (immediately to the south and adjacent) is seeking relief from the minimum lot width to allow for the 96 foot lot to be developed as a single family lot as well. Mr. Little stated the Planning and Zoning Board review of the proposal is not required. Formal public notice has been provided to the owner of the subject property as well as to property owners within a 500' radius of the subject property. Staff has received an email in support from the applicant and two letters of opposition. Staff recommends approval by two (2) separate motions as noted in staffs recommendation. Steven Wherry, Esq. with Greenspoon Marder Law, 200 East Broward Boulevard, Suite #1800, Fort Lauderdale, FL 33301, representing property owners Dr. Joseph and Kathy Colletta, concurs with staff s findings and recommendations. Mayor Glickstein asked if anyone from the public would like to speak in favor or in opposition of the waiver request, to come forward at this time. Marianne Bennardo, 1009 Azalea Road, Delray Beach, FL 33483, resident for 35 years, stated loves the old town feel. Ms. Bernardo stated because of the way the road curves around the traffic pattern is somewhat dangerous. She expressed concern over the notice to the minimum lot dimension requirements and feels it is not a need for hardship. Maura Abad Lowe, 902 Seasne Drive, Delray Beach, FL 33483, lives two (2) lots to the north of 920 Seasne Drive (speaking for herself and her neighbor Larry Gitlitz who lives at 910 Seasne Drive which is the lot that adioins 920 Seasne Drive), stated her neighbor did not receive notification because he was out of the country and he has no information about what the applicant is applying for and how it will impact his property, views, or values. In addition, Ms. Lowe stated at this late date Mr. Gitlitz did not have the opportunity to have any representation at the hearing. Ms. Lowe stated Mr. Gitlitz is requesting that his rights be protected and requested that the City Commission postpone their decision by at least two weeks so that he would have ample time to prepare his response. Ms. Lowe stated she concurs with comments expressed by Ms. Bennardo and stated minimum lot requirements are put in place for a reason and if you start breaking down those minimum lot requirements where does it lead to. 21 10/21/14 There being no one else from the public who wished to address the Commission regarding the waiver request, the public comment was closed. There was no cross-examination. Mr. Little had no rebuttal. Mr. Wherry stated they are requesting to return these two (2) lots to their planning intent consistent with the original plat approval; the two (2) lots in question are Lots 3 and 4 of Block 5 would be non-conforming according to today's zoning regulations; the neighbors who live in Lots 1 and 2 are similarly non-conforming. Mr. Wherry stated he requests that they have the same property configuration; Lots 3 and 4 are configured with one of the largest homes in the entire neighborhood and that home blocks view corridors to the waterway for the neighborhood. Mr. Wherry stated it would be replaced with two (2) single family homes that would comply with set-back requirements for the zoning district and improve view corridors. For clarification, Mayor Glickstein confirmed with Mr. Wherry that there are two (2) non-conforming lots north of 920 Seasage Drive one owned by Mr. Gitlitz and the other one by Ms. Abad Lowe, but the first speaker (Marianne Bennardo) is not living on a non-conforming lot. Mayor Glickstein inquired about Mr. Wherry's statement regarding the original planning intent. Mr. Wherry stated the lots were separately platted on the originally approved plat and their request is to return to that same plat configuration. Vice Mayor Petrolia stated the plat is restoring it back to what was originally what was platted there. She stated there have been requests for non- conformities in this area that have been previously approved and supports the waiver request. Deputy Vice Mayor Jarjura stated she agrees with Vice Mayor Petrolia that it returns it to the original plat and it is more consistent rather than the existing house that is there now. In addition, Deputy Vice Mayor Jarjura stated Mr. Wherry raised a good point that the two most northern parcels have non-conforming frontage themselves. Mayor Glickstein stated everyone received the notice at the same time and it is not fair for property owners to not proceed on their request there is some benefit on the home coming down and two smaller homes going up and being more consistent with Seagate. Mayor Glickstein stated whether it is one large house or two smaller houses the setbacks are the same. Mr. Little stated there is 195 feet of frontage on these two (2)lots which is nine (9) feet shy of meeting the minimum and because they are not parallel and because it is on a curvilinear road, the interior dimension is slightly smaller. He stated it would provide greater limitations as to what can be built there because of the curvature of the road. 22 10/21/14 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Vice Mayor Petrolia moved to adopt the Board Order (approving the waiver request for 920 Seasage Drive), seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein— Yes; Vice Mayor Petrolia —Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 3 to 0 vote. 9.B. REQUEST FOR A SIDEWALK DEFERRAL/1230 SEASPRAY AVENUE: Consider an agreement to defer installing a sidewalk for the Hutchinson Residence located at 1230 Seaspray Avenue within the Seagate Overlay District to allow future construction of a sidewalk along the south side of Seaspray Avenue. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Vice Mayor Petrolia stated she had no ex parte communications to disclose. Deputy Vice Mayor Jarjura stated she had no ex parte communications to disclose. Mayor Glickstein stated he spoke with Mr. Hutchison. Dana Little, Planning and Zoning Director, stated this is a sidewalk deferral request and it is a 0.3247 acre property and contained a 1'/z single family house. The property is within the Seagate Overlay District and is located on the south side of Seaspray Avenue, west of North Ocean Boulevard and east of Andrews Avenue. The applicants have recently demolished the existing home and propose to construct a new 8,464 square foot two-story single family residence. The owner wishes to defer the construction of a five foot (5') sidewalk adjacent to the right-of-way along Seaspray Avenue. No other sidewalks exist on either side of the road. Pursuant to the sidewalk deferral agreement, the owner will construct the sidewalk along Seaspray Avenue at its sole cost and expense at a later date, after being requested to do so by the City. Mr. Little stated the applicants sidewalk deferral application was completed and notarized on September 4, 2014. Mr. Little stated the City Commission has expressed concern over the number of sidewalk deferral requests that have been coming before this board. Mr. Little stated at the City Commission Workshop of September 9, 2014, staff gave a presentation discussing sidewalk deferrals and options for providing sidewalks in some areas and providing relief for others and what are some of the options beyond just giving deferrals; perhaps in-lieu payment options that could even be part of a larger mobility fund that would be citywide. He stated the City's LDRs are already set up to provide for a payment in-lieu option for the said sidewalk on the property. Mr. Little stated the following is what staff is working with the City Attorney on putting together language that will allow this to move forward as a viable option. From the Workshop meeting, Mr. Little stated staff was given direction to improve the City's bike and pedestrian infrastructure; identify areas where future sidewalks insulation may not be likely and identify areas where deferrals will not be permitted; develop an in-lieu payment option; and no more deferrals should be heard on the Consent Agenda. During the Workshop 23 10/21/14 meeting, staff staff determined that four (4) sidewalk deferral applications pending. After that Workshop meeting, Mr. Little stated he contacted the current deferral applicants directly and informed them of the new direction and the options that would be available to them which included: (1)build the sidewalk as required per the code, (2) participant in an emerging payment in-lieu of program at $40 a linear foot, or (3) withdrawn their deferral application or (4) continue with deferral application that was already in; however, staff would no longer support the request and it would be on the regular agenda for discussion. Mr. Little stated three (3) of the four (4) deferral applications have been withdrawn and the one (1) applicant who has agreed to participate in the payment in-lieu option. Staff recommends denial of the sidewalk deferral request with the understanding that staff will be returning to the City Commission at a future date with a resolution that will develop with the City Manager and the City Attorney formalizing the City's position with theses sidewalk deferrals Graham Hutchison, 1202 Crestwood Drive, Delray Beach, FL 33483 (local business owner and resident for 12 years), stated he has invested everything he has financially into this city and gave a brief overview of what he encountered during the submission of his building permit application (June 2014) for the Beach Overlay District (1230 Seaspray Avenue). Mr. Hutchison stated it is not fair for the city to ask him to pay an in-lieu fee because he has already been in the process for five (5) months. Mr. Hutchison stated he created a budget for this property based on what has come before. He urged the City to inform people upfront of the costs so that they are aware of what they will be paying before they start the process. Gary Eliopoulos, GE Architecture, 205 George Bush Boulevard, Delray Beach, FL 33444 (Architect for the Project), stated sidewalks in the city are very important; however, he does not agree with the way the city is doing this. Mr. Eliopoulos stated everything in Delray Beach has been built on not only good leadership but also the citizens getting together and doing master planning. Mr. Eliopoulos stated he does not feel it is fair for somebody else to pay for that when you are talking about residents who want to build their homes, do an addition, improving the community and helping the tax base, and at the same time make them pay for something that they will receive no benefit unlike downtown where there are in-lieu parking fees. He urged the City Commission to look at the policies that are in place to see if the City can make these better. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the sidewalk deferral request, the public comment was closed. There being no one from the public who wished to address the Commission, the public comment was closed. There was no cross-examination or rebuttal. Mayor Glickstein stated this policy has been long time overdue. Mayor Glickstein stated there should have been a trigger point established and he expressed concern over the $160 fee the applicant paid for the sidewalk deferral and the other person on the agenda paid that fee that they be allowed to be treated like anybody else. 24 10/21/14 Deputy Vice Mayor Jarjura stated the Code gave four (4) options: (1) waiver, (2) build, (3) defer, or (4) in-lieu. She stated by having the tentative approval from the city that it was going to be on the Consent Agenda and with the cashing of the check; she would have an issue with not allowing this to go forward. Deputy Vice Mayor Jarjura stated there is an equity issue and if the other applicant that had removed it and has not paid the fee then she feels the Commission has to revisit that and allow him to go back through the old policy if he has paid; if he has not paid then the policy stands. Vice Mayor Petrolia asked who else may be penalized in submitting a permit applicant in not knowing what is coming. Vice Mayor Petrolia stated she disagrees with Mr. Eliopoulos in the sense that in certain areas he feels as though they are not going to get the benefit of it so therefore it shouldn't be; she feels it is the overall city that is going to be benefitting from this and although there are some areas without sidewalks, there are some areas that need them and are less likely to be able to afford them and that this is being done as a citywide whole benefit to everybody. However, Vice Mayor Petrolia expressed concern over the individuals who do have their plans and budget set and the city is charging them this additional fee. Mr. Little stated most of the single family construction in the city goes through the Building Department and does not come through the Planning and Zoning Department; the Planning and Zoning Department reviews the Beach Overlay District but he can get with the Building Department staff about this. Vice Mayor Petrolia suggested that as of the September 9, 2014 City Commission Workshop date if you had submitted a building permit as of that date that becomes the trigger date. Mr. Little stated the Commission may want to formalize this in the form of a resolution to articulate the policy to expand and clarify what is already there not entirely changing the rules. Brief discussion between Mr. Little and the City Commission followed. For clarification, Deputy Vice Mayor Jarjura stated the City has the Code codified with four (4) options that anyone who submitted a building permit application prior to September 9, 2014 is allowed to precede under the current code; for any anyone who submits a building permit application after September 9, 2014, that they adhere to the new Code. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Vice Mayor Petrolia moved to approve the sidewalk deferral for 1230 Seaspray Avenue, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia - Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein—Yes. Said motion passed with a 3 to 0 vote. 9.C. CONTRACT AWARD/HINTERLAND GROUP, INC.: Consider approval of a contract award to Hinterland Group, Inc. in the amount of $51,400.00 through an active contract with Palm Beach County (Contract #WUD 12-063) for sewer repairs on Dotterel Road. This is in compliance with Chapter 36, Section 36.02 25 10/21/14 (C)(7),"Utilization of Other Governmental Entities' Contracts". Funding is available from 441-5178-536-46.24 (Water & Sewer Fund: Professional Services/Other Professional Services). Randal Krejcarek, Environmental Services Director, stated this item is an award to the Hinterland Group, Inc. for rehabbing some sanitary sewer and a manhole in the amount of$51,400. Mr. Krejcarek stated the City is going to utilize the Palm Beach County contract and staff requests approval. Deputy Vice Mayor Jarjura moved to approve the contract award in the amount of $51,400 to Hinterland Group, Inc. for performing sanitary sewer repairs on Dotterel Road, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 3 to 0 vote. 9.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.E. PURCHASE AWARD/PVS TECHNOLOGIES, INC.: Consider approval of a purchase award to PVS Technologies, Inc., utilizing an active contract with Palm Beach County, Florida (Bid #14-035R/SWC) in an annual amount not to exceed $310,000.00 for the purchase and delivery of liquid Ferric Chloride for use at the Water Treatment Plant. This is in compliance with Chapter 36, Section 36.02 (C)(7),"Utilization of Other Governmental Entities' Contracts". Funding is available from 441-5122-536- 52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). Randal Krejcarek, Environmental Services Director, stated this is for liquid ferric chloride for the Water Treatment Plant. The City will utilize a Palm Beach County contract and staff received a letter from the vendor indicating that this is the lowest price in Florida. Staff requests approval to spend up to $310,000.00 annually. The Interim City Manager stated this is a part of the City's ongoing process and this is the first of a group that the City Commission will see before them. Vice Mayor Petrolia moved to approve an award not to exceed $310,000.00 annually to PVS Technologies, Inc., for the purchase of liquid Ferric Chloride for use at the Water Treatment Plant, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 3 to 0 vote. 9.F. EXPENDITURE LIMIT/ODYSSEY MANUFACTURING: Consider approval of an expenditure limit not to exceed $310,000 annually with Odyssey Manufacturing for purchase of Sodium Hypochlorite for the Water Treatment Plant; utilizing a City of Eustis contract, subject to the City of Eustis contract remaining valid through June 23, 2016. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 26 10/21/14 Randal Krejcarek, Environmental Services Director, stated staff is seeking ratification of an award expenditure annual limit not to exceed $310,000.00 with Odyssey Manufacturing for chemicals for the Water Treatment Plant. Staff requests to use the City of Eustis contract which expires June 23, 2016. Vice Mayor Petrolia moved to approve to ratify and approve an expenditure limit not to exceed $310,000.00 annually with Odyssey Manufacturing for purchase of Sodium Hypochlorite, utilizing a City of Eustis contract, subject to the City of Eustis contract valid through June 23, 2016, seconded by Deputy Vice Mayor. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein—Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 3 to 0 vote. 9.G. EXPENDITURE LIMIT/PROLIME CORPORATION: Consider approval of an expenditure limit not to exceed $310,000 annually with Prolime Corporation for hauling of lime slurry from the Water Treatment Plant, subject to the City renewing the agreement annually through December 19, 2017. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). Randal Krejcarek, Environmental Services Director, stated this is an annual expenditure limit with Prolime Corporation for the disposal of lime slurry from the Water Treatment Plant. Mr. Krejcarek stated the City has a contract with Prolime currently which runs through the end of this year and staff sent a letter to them asking them to extend it for another year. He stated if Prolime does not sign a letter then staff will go out to bid and select a new vendor. Staff requests approval of the expenditure. Deputy Vice Mayor Jarjura asked if the contract provides for another renewal. In response, Mr. Krejcarek stated that the contract does provide for another renewal. Deputy Vice Mayor Jarjura moved to approve an expenditure limit not to exceed $310,000.00 annually with Prolime Corporation for disposal of lime slurry from the Water Treatment Plant, subject to annual renewals of the contract through December 19, 2017, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 3 to 0 vote. 9.H. SAFETY MEASURES FOR MOTORISTS AND PEDESTRIANS ALONG BARWICK ROAD: Provide direction and consider approval of one of the options for additional safety measures for motorists and pedestrians along Barwick Road. Funding is available from the transfer of funds from the Roadway Resurfacing Operating Account($200,000)to the Barwick Road Project. Randal Krejcarek, Environmental Services Director, stated this item is for the sidewalk along the east side of Barwick Road and there are several options for making the drivers aware of the fact that they are fairly close to a sidewalk on the east side and increase pedestrian safety: (1) installation of Tuff Curb along the roadway, (2) installation of Ceramic Jiggle Bars (6,600 each-White directional Red/Clear Roadway 27 10/21/14 Reflectors), (3) installation of curb and gutter along the roadway (1,700 LF), (4) installation of flexible delineators (800 each), and (5) installation of a Guard Rail along the roadway (1,700 LF). Staff recommends Option #5 as the most cost effective and best solution for providing long-term additional safety to both motorists and pedestrians who walk and drive on Barwick Road. Mr. Krejcarek stated to install the guard rail staff can put in the Tuff Curb in now and budget for the Guard Rail next fiscal year because or take some of the resurfacing money this year and put it toward the Guard Rail and put the Guard Rail in this year without putting a Tuff Curb in. Brief discussion between Deputy Vice Mayor Jarjura and Mr. Krejcarek continued. Vice Mayor Petrolia stated the issue to get something put in that would prevent a problem. With respect to the guard rail, Vice Mayor Petrolia asked how this would affect a bicyclist being squeezed in between the guard rail and the traffic. Mr. Krejcarek stated there is not a lot of room between the edge of the pavement and the sidewalk. He noted that the guard rail would be placed more toward the sidewalk. Mayor Glickstein stated the guard rails will stop a car and he feels this is the best option. Deputy Vice Mayor Jarjura stated a guard rail also serves as a physical barrier that would stop a child from running into the street or stops versus a curb which does not prevent that or does not stop someone from parking their car. Vice Mayor Petrolia commented about the payment of the guard rail and asked if there is any other means by which to cover the cost versus taking it out of resurfacing. Mr. Krejcarek stated it is a capital expenditure it would have to come out of building maintenance or resurfacing. Brief discussion between the City Attorney and the City Commission followed regarding which fund the money should come from to fund the guard rail. The Interim City Manager stated staff will look to see if there is any flexibility with regard to where the funding will come from. Deputy Vice Mayor Jarjura moved to approve Option #5, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia— Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 0 vote. 9_I. VALET PARKING LICENSE AGREEMENTS: Consider approval of the valet license agreements with the restaurants noted below. 9.L1. VALET PARKING LICENSE AGREEMENT/THE AVENUE BAR & GRILL d/b/a 32 EAST: Consider approval of a valet parking license agreement with The Avenue Bar& Grill d/b/a 32 East located at 32 East Atlantic Avenue. 28 10/21/14 9.L2. VALET PARKING LICENSE AGREEMENT/TAVERNA OPA ATLANTIC, LLC., d/b/a TAVERNA OPA: Consider approval of a valet parking license agreement with Taverna Opa Atlantic, LLC., d/b/a Taverna Opa located at 270 East Atlantic Avenue. 9.L3. VALET PARKING LICENSE AGREEMENT/169 NE 2ND LLC., d/b/a MAX'S HARVEST: Consider approval of a valet parking license agreement with 169 N.E. 2" LLC., d/b/a Max's Harvest located at 169 N.E. 2nd Avenue. 9.L4. VALET PARKING LICENSE AGREEMENT/LSMS, INC., d/b/a TRAMONTL• Consider approval of a valet parking license agreement with LSMS, Inc. d/b/a Tramonti located at 111 East Atlantic Avenue. 9.L5. VALET PARKING LICENSE AGREEMENT/CUT 432, LLC., d/b/a CUT 432: Consider approval of a valet parking license agreement with Cut 432, LLC., d/b/a Cut 432 located at 432 East Atlantic Avenue. 9.L6. VALET PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA INC., d/b/a CAFFE LUNA ROSA: Consider approval of a valet parking license agreement with Caffe Luna Rosa, Inc. LLC., d/b/a Caffe Luna Rosa located at 34 South Ocean Boulevard. 9.L7. VALET PARKING LICENSE AGREEMENT/DELRAY TACOS, LLC., d/b/a ROCCO'S TACOS: Consider approval of a valet parking license agreement with Delray Tacos, LLC., d/b/a Rocco's Tacos located at 110 East Atlantic Avenue. Randal Krej carek, Director of Environmental Services, stated staff researched the comments that were made at the last City Commission meeting when these agreements were brought before the Commission for approval and there are three main things the Commission would like to see in these agreements: (1) with or without clause in the agreement, (2) market rate that the City charges the valet lease holders for the spaces that they utilize and (3) that the City look at them to charge the market rate for the patrons that use those spaces. Mr. Krej carek stated the Parking Management Advisory Board (PMAB)'s recommendation was to not go with market rate just yet but with the implementations of a fee-based program then there would be justification to go to the market rate. He stated PMAB recommended all these agreements is a five percent (5%) increase now; this is a three (3) year agreement and on the anniversary of the agreements there will be a three (3%) increase with the understanding that when the fee- based program is implemented, staff would come back to the Commission and revise these agreements. Mr. Krej carek stated staff checked with other municipalities that have valet programs (i.e. Hollywood, Fort Lauderdale, Miami Beach, Clearwater, and Lauderdale by the Sea) and all the cities have market rate with the exception of the City of Hollywood. Mr. Krej carek stated all cities all have meters as well. Brief discussion between Mayor Glickstein and Mr. Aronson with respect to the individuals who comprise the Parking Management Advisory Board (PMAB) 29 10/21/14 followed. Mayor Glickstein confirmed with Mr. Krej carek that if the PMAB supports the notion that when this goes fee based that it will be market rate. Mayor Glickstein stated if the fee based program is implemented how soon staff would contact these license holders to inform them that the City is modifying the fees. Mr. Krej carek stated staffs intent would be to bring a modified agreement as soon as they do the implementation of the fee based program so that they can get closer to the market rate in the license agreements. Vice Mayor Petrolia asked if staff knows what the market rate would be. In response, Mr. Krejcarek stated the market rate would be $357.00. Vice Mayor Petrolia stated she was presented with a compilation of videos from a citizen of some of the City's valet vendors are utilizing the City's public parking spaces up and down Atlantic Avenue for their own benefit and the City is not receiving any benefit back from that. Vice Mayor Petrolia stated this could be causing more issues for people who do not want to necessarily valet park must valet park. She stated this is not just one incident but it is occurring over and over again. Vice Mayor Petrolia stated there are also some issues with the situation of gaming the parking garage as well. Vice Mayor Petrolia stated because the restaurateurs may or may not know that this is going on she would like to make sure that the Commission direct a letter to let them know that people are gaming the system. Deputy Vice Mayor Jarjura stated Section 18 and 19 give the violation and penalty and how to enforce the violations. She stated we have specific violations in the Valet License Agreements and the penalties for those violations that seem to be missing in some of the other contracts that have had repeated issues. Deputy Vice Mayor Jarjura suggested that the City have similar type of provisions in those contracts as well going forward. The Interim City Manager stated he has had discussions with the City Attorney and this is something that they recognize and are looking into. Vice Mayor Petrolia stated with respect to the penalties with enforcement is someone has to be out there enforcing it. Vice Mayor Petrolia reiterated that a strong letter from the Commission to the restaurateurs to let them know that the City knows what is happening and if it continues and they get caught they are done. Mayor Glickstein stated the benefit of a fee based money system is that the money stays in that area and you have money to pay for enforcement across the board and that is what is lacking here. He stated that same enforcement can also apply to people that are encroaching in the pedestrian right-of-way and utilizing the public road right-of-way improperly. Vice Mayor Petrolia moved to approve the Valet Parking License Agreements #1-7 subject to the City sending a letter to the restaurateurs and that there be a meeting with the restaurateurs to reinforce (with the DDA helping as well), seconded by Deputy Vice Mayor Jarjura. Upon roll the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said 30 10/21/14 motion passed with a 3 to 0 vote. 9.L8. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, Commissioner Jacquet left the meeting. 9.J. NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD: Nomination for appointment of one (1) regular member to the Planning and Zoning Board to serve an unexpired term ending August 31, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat#4). Deputy Vice Mayor Jarjura complimented the list of applicants provided by staff. Deputy Vice Mayor Jarjura moved to nominate Steve Mackey as a regular member to the Planning and Zoning Board to serve an unexpired term ending August 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 3 to 0 vote. 9.K. NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Nomination for appointment of one (1)regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2016. Based on the rotation system, the appointment will be made by Mayor Glickstein (Seat #5). Mayor Glickstein moved to nominate Rhonda Sexton as a regular member to the Historic Preservation Board (HPB) to serve an unexpired term ending August 31, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jarjura—Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11. FIRST READINGS: A. None 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager The Interim City Manager stated people are bringing thumb drives to the meetings without prior notice and suggested that if someone wants to do a presentation they are required to submit it to the City Clerk's office at least a day ahead of*time so 31 10/21/14 that IT can scan and check the presentations for viruses. Mr. Stewart asked for the support of the Commission to require this. Deputy Vice Mayor Jarjura stated she would like to make sure that enough notice is given to everybody so that they are aware of the new rules and procedures. Mayor Glickstein suggested that a notice be posted on the board in the lobby and that the Public Information Officer get the word out as well. The Interim City Manager stated when he gives his responses at the beginning of the next regular meeting staff can announce it then. 12.B. City Attorney None. 12.C. City Commission 12.C.1. Vice Mayor Petrolia Vice Mayor Petrolia encouraged the Commission to take a tour through the City of the alleyways and stated Human Powered Delray (HPD) is asking the City to consider adopting a resolution to make the City more bicycle and pedestrian friendly as part of a Master Plan. She stated there is a small parcel of land north of Lake Ida owned by the County and was in the process of being sold to a private person. Vice Mayor Petrolia stated the City of Boynton Beach was interested in purchasing it but the County was leaning towards that private person. However, Vice Mayor Petrolia stated today she contacted HPD who worked with the County Commissioners who agreed to see it to the City. Vice Mayor Petrolia stated she would like to see the Commission support HPD because she feels they have great ideas and this is a way of rebranding the city in a more positive way. Mayor Glickstein stated the resolution as drafted by HPD was too aggressive and noted that the City Attorney is working on the resolution. 12.C.2. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura stated she did the Alleyway Tour with Human Powered Delray (HPD) and Mr. Dana Little and she had a subsequent meeting with the Interim City Manager and Mr. Little regarding creating a multiuse linear pathway that is east and west, north and south, to start rebranding the city as more than just a food and beverage destination but a fitness destination. Deputy Vice Mayor Jarjura stated some of the great cities have a unified multiuse linear park that you could do half marathons and bicycle races. She stated when attracting businesses the demographic is looking not just for a strong school system but a strong and healthy environment quality of life. Deputy Vice Mayor stated she would like this discussed at a Workshop meeting. The 32 10/21/14 Commission concurred with comments expressed by Deputy Vice Mayor Jarjura and agreed that this item be placed on a Workshop meeting. 12.C.3. Mayor Glickstein Mayor Glickstein asked Mr. Little if there is a way to craft some incentives in Artists Alley to maintain that through redevelopment. He stated the Arts District is thriving and feels it would be tragic to lose that to someone who may buy the property through foreclosure and look at it as a redevelopment opportunity that is different from what is there. Secondly, Mayor Glickstein stated with respect to an email chain he saw between staff and a private citizen about the demolition by neglect (with regard to historic districts). He stated he was led to believe that the City had an ordinance that had just not been enforced. Mayor Glickstein stated he would like to know from the Interim City Manager by the next meeting if the City has an ordinance that prohibits demolition by neglect. The Interim City Manager stated he has had Code Enforcement working on assessing the IPMC (International Property Maintenance Code) which will give the City additional enforceability and staff can add some things to that specific element; and, the IPMC will also give the City additional enforceability with respect to the historic districts as well. Mayor Glickstein stated with respect to the indemnification, the City is indemnified for costs and attorney's fees but feels the City should also be indemnified for actual costs such as public safety issues because of non-performance, and partial completion. Mayor Glickstein stated it should be comprehensive indemnification not limited to attorney's fees. Mayor Glickstein stated because Purchasing has been a problematic area he would like the Interim City Manager to include in his comments about how the Purchasing Department is going to be restructured and what is being done differently now than before and that the Chief Purchasing Officer pay a courtesy visit to the OIG. There being no further business, Mayor Glickstein declared the meeting adjourned at 10:55 p.m. Acting City Clerk ATTEST: MAYOR 33 10/21/14 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 21, 2014, which Minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 34 10/21/14 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 920 SEA SAGE DRIVE 1. These waiver requests came before the City Commission on October 21, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 920 Sea Sage Drive. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.3.4(x) Pursuant to LDR Section 4.3.4(x), lots in an area zoned R-1-AAA must have a minimum frontage of 100 feet and a minimum width of 100 feet. Under LDR 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessarV and appropriate to create such nonconformity. i) Waiver for Lot #3 The applicant is requesting a waiver to the requirements set forth in LDR 4.3.4(k) to allow Lot #3 zoned R-1-AAA to have a frontage of 95' and a width of 87'. 1 Should the waiver to Section 4.3.4(k) for Lot#3 be granted? Yes x No ii Waiver for Lot #4 The applicant is requesting a waiver to the requirements set forth in LDR 4.3.4(k) to allow Lot#4 zoned R-1-AAA to have a width of 96'. Should the waiver to Section 4.3.4(k) for Lot#4 be granted? Yes x No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves _3 denies _0 these waiver requests, subject to the conditions in Exhibit "A". 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21st day of October 2014, by a vote of _3 in favor and _0_ opposed. 2 Cary . Glickstein, Mayor ATTEST: Chevelle Nubin, City Clerk 3 Exhibit "A" 1. That a survey must be filed with the Engineering Department showing the configuration of Lot 3 and Lot 4; and 2. That a Unity of Title between the two lots remain in place until all structures are demolished, at which time said Unity of Title shall be released upon consent of the City's Chief Building Official. 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE SIDEWALK INSTALLATION FOR 1230 SEASPRAY AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request came before the City Commission on October 21, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the sidewalk installation requirements for 1230 Seaspray Avenue. All of the evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 6.1.3(D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. A. Waiver to LDR Section 6.1.3(C)(4). Pursuant to LDR Section 6.1.3(C)(4), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. However, installation of sidewalks within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of a majority of the sidewalks at a given point in time. The applicant is asking to waive the requirement for the installation of the sidewalk until such time the City requests the Owner to construct the sidewalk. Should the waiver for the sidewalk installation for 1230 Seaspray Avenue be granted? Yes 3 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan application was submitted 10/21/2014 CC Meeting; Item 9.13. and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request for the sidewalk installation at 1230 Seaspray Avenue and hereby adopts this Order this 21st day of October, 2014, by a vote of 3 in favor and 0 opposed. ATTEST: Cary D. Glikavin, Mayor tIrl-Chevelle Nub` , Ci Clerk 2 10/21/2014 CC Meeting; Item 9.13. NOVEMBER 4, 2014 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 4, 2014. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- None Also present were - Terry Stewart, Interim City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Chaplain Anthony Cuseo. At this point, Mayor Glickstein announced the passing of Shelly Weil an outstanding community leader in Delray Beach who passed away last week. Mayor Glickstein read a brief statement into the record and on behalf of the City Commission extended heartfelt condolences to Mr. Weil's family and friends and their appreciation for his devotion to the city. Mayor Glickstein congratulated the Delray Beach Chamber of Commerce on a very successful Gala Awards and recognized all of the great business and community leader nominees and congratulated the award winners in particular former Mayor Tom Lynch on receiving the Lifetime Achievement Award. Mayor Glickstein stated it was a great event and extended kudos to the Chamber and their staff. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES. None. 11/04/14 5. PRESENTATIONS: S.A. Recognizing and commending Jeff and Julie Kadel for their dedication and service in the community with the Delray Beach Miracle League Mayor Glickstein read the proclamation into the record recognizing and commending Jeff and Julie Kadel. Jeff Kadel came forward to accept the proclamation and gave a few brief comments. Mayor Glickstein thanked and commended Jeff and Julie Kadel for their countless hours and dedication to the Miracle League. At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. 6.A. City Manager's response to prior public comments and inquiries. With regard to a question raised by Dr. Victor Kirson regarding the commercial development at Linton Boulevard and Federal Highway, the Interim City Manager stated there are some issues regarding the parking; eleven percent (11%) reduction in the parking and there are some things that must be done and the developer will be required alleviate these issues through a number of different mechanisms depending on how significantly the parking is affected at the site. The Interim City Manager stated there were numerous people who spoke at the last meeting about the Artists Alley and staff was asked to take a look at this and determine if there is a way that the city can become involved in helping to ensure whatever way that the Artists Alley will continue to thrive. The Interim City Manager stated a meeting is scheduled that will include Mayor Glickstein, himself, and the Planning and Zoning Director to discuss this. The Interim City Manager stated the sale of the property has been postponed until February 23, 2015. With regard to an individual who spoke about crime in the city and his concern about the number of shootings and homicides, the Interim City Manager stated every city has unique policing challenges and to compare one city to the next based on size and population alone is not always the best indicator especially for a community like Delray where there are so many people coming in from the outside. The City's true population based upon the census is never reflected in how many the city actually has here. The Interim City Manager stated the City has an excellent crime clearance rate and the City's crime rate is dropping according to the UCR numbers provided by the FBI. He stated the Police Department has undertaken some initiatives with the appointment of Police Chief Goldman that are reaching out to the community and becoming more community centric and more community active. 2 11/04/14 The Interim City Manager stated staff met with OIG today and they are incredibly encouraged about the positive way the city is working together with them. Jack Warner, Chief Financial Officer, stated there are 15 "prior approval" items on the Agenda being sponsored by Purchasing and all relate to City Code Section 36.03(B) which is any acquisitions during the fiscal year with a single vendor greater than $25,000 requires prior authorization by the City Commission. Mr. Warner stated staff has been developing the information systems that give the City the ability to predict these purchases and take the proper action before they occur; sometimes the proper action is a bid or simply to recognize that the situation is going to occur. Mayor Glickstein stated the Agenda items which state "prior approvals" should read "advanced approvals" and this is an example of how Mr. Warner is being proactive on dealing with this issue. Mr. Warner stated staff will be discussing all of the changes that have been made and are continuing to make at Purchasing including the new Chief Purchasing Officer joins and begins work on Monday, November 10, 2014. 6.B. From the Public. 6.B.1. Virginia Snyder, 200 South Swinton Avenue, Delray Beach, FL 33444, urged the City Commission to look into the attempted murder of Melissa Bean. 6.B.2. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, read a brief statement into the record regarding Shelly Weil's life and commented about his obituary. Ms. Finst stated also this week in obituaries was Delray Beach resident Virgil Norris, the first African-American surgeon in Palm Beach County and the first black doctor to serve at Bethesda Memorial Hospital. In addition, Ms. Finst stated also this week in obituaries was Randall Cooper who was a coach at Seacrest High School from 1955 through the 70's until the mid-1980's. A memorial service will be held on Sunday, November 30, 2014 at 2:00 p.m. in the end zone of the football field at the old Atlantic High School. Ms. Finst also stated that Betty Matthews worked to preserve the beach and the barrier island through her activities through the BPOA and Phyllis Plume participated in the founding of the Child Care Center and the Housing Authority. Ms. Finst asked that space be found in City Hall for a picture and a brief bio to recognize those living currently and deceased who brought Delray Beach to where it is today. She requested that this item be placed on an upcoming Agenda. 6.B.3. Kevin Warner, 148 Venetian Drive, Delray Beach, FL 33483, briefly spoke about his tax bill increasing and encouraged the Commission that when they meet to discuss goals that they lower the tax rate or diversify the City's tax revenue sources. 3 11/04/14 Secondly, Mr. Warner referenced a summary of the citizens' request on page 1 of the Downtown Delray Beach Master Plan: "encourage development fronting along the Avenue with three stories as the ideal height and four stories being the maximum desired height." Mr. Warner stated this is what the residents want and urged the Commission to get the proposed LDRs codified, passed, endorsed and put into play. 6.B.4. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445 (speaking on behalf of S.A.F.E.), distributed a handout to the City Commission and briefly spoke about the sidewalk cafes and the new proposed LDRs. Ms. Anderson stated the City needs to make sure that the existing sidewalk cafes know that as of their next renewal they are going to have to comply with the new provisions. Mayor Glickstein informed Ms. Anderson that her comments were forwarded to Treasure Coast and the Planning and Zoning Director for their consideration. 6.B.5. Ron Nobili, 159 Marine Way, Boat Slip #15, Delray Beach, FL 33444, expressed concern over the parking at the historical district. Mr. Nobili stated he spoke at the last meeting and noted the response was something that was communicated at the last meeting but it was not cast in stone. However, Mr. Nobili stated it is a compromise that he can live with and other people would have one (1) single vehicle and would give people the opportunity to use two (2) parking spots. Mr. Nobili stated the boaters need more than one guest pass because they are not all there at the same time, they do not have driveways or other places to be able to park a vehicle, and sometimes someone may be coming from Jupiter and someone coming from Boca to offload and go on a cruise for a day. Mr. Nobili reiterated that the boaters have no other place to park but in front of the boats. Mr. Nobili stated five (5) years ago there was not a problem with regard to parking at all and the boaters were able to utilize both sides of the street on Marine Way except when there are carnivals held on Atlantic Avenue. 6.B.6. Bob Victorin, 120 South Ocean Boulevard, Apt. #2-A, Delray Beach, FL 33483 (President of the BPOA), commended the Commission for reaching a huge step to preserve a major accent of Delray Beach and that is 1'/4 municipal beach and A-1- A walk. Mr. Victorin thanked the Commission and the City Manager for their vision by supporting the Beach Area Master Plan. In addition, Mr. Victorin specifically thanked Mayor Glickstein for challenging the City Manager to research and present a plan to implement and fund the Beach Area Master Plan. He stated Suzanne Davis, Parks and Recreation Director has drafted a Beach Master Plan timeline for improvements with immediate and long-term items. The Environmental Services Department has appraised the draft and Ms. Davis has scheduled a date to meet with the BPOA to review the plan prior to it coming before the Commission. Mr. Victorin stated the BPOA has re- evaluated the original plan and would like to suggest a shift in some of the elements and priorities. 4 11/04/14 Secondly, Mr. Victorin recommended that the Commission establish a Beach Management Advisory Board to include City staff members and City residents similar to other advisory boards. He stated the Beach Management Advisory Board's mission would be to monitor the beachfront presence, design improvements, create and implement funding to maintain the beachfront in a first class condition to benefit all residents, visitors and tourists. Mr. Victorin stated previously a Beach Area Master Plan Committee was formed but has not been effective since it has had no formal relationship with the City Commission. He stated other communities have boards of this nature in place (i.e. Fort Lauderdale has a formal Beach Redevelopment Advisory Board) and they are now considering a full scale redevelopment of the beach area surrounding Las Olas Boulevard and A-1-A and will cost in excess of$72 million including major construction. 6.B.7. Bob Currie, 72 South Ocean Boulevard, Delray Beach, FL 33483, stated the BPOA designed and paid for the new pavilion sign. Secondly, Mr. Currie stated they are in for a building permit for the two gazebos (one at the north end of the beach and one at the south end of the beach) and are going to reflect the same character as the pavilion. He stated they would like to start construction March 1, 2015. Mr. Currie presented the Commission with a check from the Lattner Family Foundation in the amount of$40,000. 6.B.8. James Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483, stated Delray Beach is losing Police Officers to cities directly to the north or south. He stated these Police Officers know all the problems that are specific to Osceola Park and other areas of the city. Mr. Quillian stated he is hoping that in the near future something can be worked out so that the city does not have the attrition rate that we are experiencing in Delray Beach with the Police Officers. 6.B.9. Gary Wulf, 831 S.E. 4th Avenue, Delray Beach, FL 33483, commented about the condition of the Osceola Park neighborhood and urged the Commission to go to 4th Street where he owns property. Mr. Wulf stated there is a carpet of litter (i.e. beer bottles, etc.) and he suggested to the Planning and Zoning Board that before moving forward with anything that the City clean up Osceola Park. Mr. Wulf stated his property is surrounded by rehab facilities and he has a non-stop 7 days a week parade of drug rehabbers surrounding his property who walk down 4t and 9th and in the back of his house. He expressed concern over City taxes and stated the City is sending out water bills for $500, $600 and $700 for houses with two people. 6.B.10. Mitzi Kaitz, 331 N.E. 8th Avenue, Delray Beach, FL 33483, briefly spoke about two historic houses that through their raising fell apart and stated through the Hudson Holding project seven (7) historic houses are supposed to be moved and hopes that it does not become convenient that those house fall apart. Secondly, Ms. Kaitz commented about the consultant services for the Solid Waste and Recycling Collection Services agreement and she expressed concern that $20,000 is a lot of money the City is spending to get this project done. 5 11/04/14 Mr. Jacquet stated he appreciates Mr. Wulf s concern about the Osceola Park neighborhood and wanting to help join the fight in cleaning up the neighborhoods. Mr. Jacquet suggested that Mr. Wulf speak to James Quillian and Gail-Lee McDermott who live in that community as well as he does and stated this neighborhood is not accessible the way Mr. Wulf has portrayed it. Mr. Jacquet stated it is the most vibrant neighborhoods and the Police have been able to clean up very well. 7. AGENDA APPROVAL. For clarification, the City Attorney stated Item 10.A., Amended and Restated Development Agreement Regarding Atlantic Crossing and Release, Hold Harmless and Indemnification Agreement was previously deferred by the County Commission it is on the Agenda this evening as a courtesy notice only; Items 10.B., 10.C., and 10.D. with respect to the LDRs for the Central Business District (CBD) have been postponed; notice was posted on the City's website and they have been re- advertised for November 18, 2014 and December 2, 2014. Mr. Frankel moved to approve the Agenda as amended, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet—Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH BROWN BROTHERS CONSULTING, INC.: Authorize prior approval for annual spending with Brown Brothers Consulting, Inc. in an amount not to exceed $50,000.00 for business cards, sizable print jobs, binding and finishing, brochures and poster boards with stands (design, layout and print), specialty paper products and specialty printing and mailing services. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 8.11. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH A&A ASSOCIATES INTERNATIONAL: Authorize prior approval of annual spending with A&A Associates International in an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 6 11/04/14 8.C. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH MANPOWER: Authorize prior approval of annual spending with Manpower an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 8.1). PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH ROBERT HALF: Authorize prior approval of annual spending with Robert Half in an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02 (B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year. 8.E. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH WELLS FARGO: Authorize prior approval of annual spending with Wells Fargo in an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 8.F. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH OFFICE TEAM: Authorize prior approval of annual spending with Office Team in an amount not to exceed $100,000.00 to provide short term temporary staffing in departments due to resignation and vacancies. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 8.G. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH UNITED STATES POSTAL SERVICE: Authorize prior approval of annual spending with the United States Postal Service in an amount not to exceed $75,000.00 for postage. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 7 11/04/14 8.H. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH CDW-GOVERNMENT FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES: Authorize prior approval of spending with CDW- Government in an amount not to exceed $200,000.00 for the acquisition of hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher end PC's for engineering functions and video surveillance cameras and network cabling. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 8_I. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH GOVCONNECTION FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES: Authorize prior approval of spending with GovConnection in an amount not to exceed $100,000.00 for the acquisition of hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher end PC's for engineering functions and video surveillance cameras and network cabling. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 8_J. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH PCMG FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES: Authorize prior approval of spending with PCMG in an amount not to exceed $200,000.00 for the acquisition of hardware and software maintenance, renewals of maintenance agreements, and equipment that is included in the approved Capital Improvement Plan such as printers, scanners, plotters, laptops, software, higher end PC's for engineering functions and video surveillance cameras and network cabling. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 8.K PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH PALM BEACH NEWSPAPERS, INC.: Authorize prior approval of spending with Palm Beach Newspapers, Inc. in an amount not to exceed $60,000 for bidding activities and to meet legal notice requirements regarding ordinances by several departments. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 8 11/04/14 8.L. MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES: Approve a Memorandum of Understanding with the Florida Department of Highway Safety and Motor Vehicles to give the Delray Beach Police Department electronic access to the Driver and Vehicle Information Database (D.A.V.I.D.) which allow searches for driver's license and vehicle records to aid law enforcement in investigations. 8.M. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/TENNIS CENTER SPONSORSHIP: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the sponsorship of City tennis tournament, Delray Beach Open by the Venetian Las Vegas, for FY 14-15. 8.N. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of alternate representative Mr. David Cook for a two (2) year term ending July 31, 2016. 8.0. APPOINTMENT OF A STAFF ASSISTANT CITY ATTORNEY: Approve the appointment of Ms. Stephanie Spritz for the position of Staff Assistant City Attorney. 8.P. PROCLAMATIONS: 1. None 80. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 13, 2014 through October 24, 2014. 8.R. AWARD OF BIDS AND CONTRACTS: 1. Bid award to ConSery Building Services (Bid No. 2014-43) for HVAC chiller maintenance and service at City Hall in the amount of$14,664.00 and the Delray Beach Library in the amount of $14,064.00 for a total cost of $28,728.00. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 001-3431-519-46.10 (General Fund: Repair & Maintenance ServiceBuilding Maintenance) and 001-3431-519-46.20 (General Fund: Repair& Maintenance Service/Equipment Maintenance). 2. Award to Sanders Company, Inc., a single source supplier, in the amount of $48,606.00 for the purchase of a replacement transfer pump at the Water Treatment Plant (WTP). Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/ Other Machinery/Equipment). 9 11/04/14 Vice Mayor Petrolia moved to approve the Consent Agenda, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUEST/SPODAK DENTAL GROUP: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(E)(7), "Design Standard Matrix", to allow the installation of a monument sign to be placed in the bio Swale area for Spodak Dental Group located at 3911 West Atlantic Avenue. (Quasi-Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the City Commission to disclose their ex parte communications. Mr. Frankel stated he is a patient of Dr. Spodak and heard about this project. Deputy Vice Mayor stated she too is a patient of Dr. Spodak and previously sat on the Planning and Zoning Board with him, and she also heard about this project. Mayor Glickstein stated he spoke with Dr. Spodak. Vice Mayor Petrolia stated she has not spoken to Dr. Spodak about this. Mr. Jacquet stated he is also a patient of Dr. Spodak's and briefly spoke to him about this issue. Lula Butler, Director of Community Improvement, stated this item is consideration of approval by the City Commission to allow the installation of a monument sign to be placed in the bio Swale area for Spodak Dental Group located at 3911 West Atlantic Avenue. Ms. Butler stated this case was before the City Commission in October 2013 after having gone to SPRAB in September 2013. The City Commission awarded five (5) waivers to this project based on the investment that this company has made into being a LEED certified buildings. Ms. Butler stated the applicant represented at the time that he was not going to be able to put a monument sign in the bio Swale area. She stated when heading west on West Atlantic Avenue because of the linear foot of the building and the way you approach it you cannot see it until you get right up close on it. Ms. Butler stated in the applicant's opinion it has created some dangerous situations because people stop real quick trying to turn in. She stated the monument sign could have been approved administratively because it is eligible under 4.6.7(E)(7); however, because of policy implications staff felt it was more appropriate for the Commission to affirm staff recommendation before taking final action and because the Commission was the approving body that granted the waiver to accept the justifications from the applicant. Staff recommends approval of the installation of the monument sign. 10 11/04/14 Dr. Spodak, Applicant, 904 N.E. 2nd Avenue, Delray Beach, FL 33444, stated he did not anticipate the size of the vegetation and how fast it would grow but as you approach from the west to the east the building comes up upon you very quickly; it is a larger building but a smaller frontage. Dr. Spodak stated they have received numerous complaints from patients that they are having trouble finding the building and when they do find the building, it comes up on them so quickly that they have to merge over and there is no dedicated turn so it creates a hazardous situation. Dr. Spodak stated they are able now to rearrange their bio-swale now that they have received their LEED gold certification. There was no rebuttal or cross-examination Mayor Glickstein asked if anyone from the public would like to speak in favor or in opposition of the waiver request, to come forward at this time. There being no one from the public who wished to address the Commission, the public comment was closed. Deputy Vice Mayor Jarjura supports this and stated this is a project that we should encourage other developers to emulate; she stated this is a phenomenally designed and a great investment in the city by a local business and local community leader. Deputy Vice Mayor Jarjura stated she agrees with Dr. Spodak that it is easy to miss the turn and people cross over three lanes to do the immediate U-turn. Vice Mayor Petrolia asked if any of waivers previously given to the other signage as a result of this. Ms. Butler stated the fact that Dr. Spodak could not at the time put his free standing sign there is one of the justifications; however, Ms. Butler stated there were a number of things as it relates to the way the building is structured and the visibility (to be able to see it before you get to it). Mr. Jacquet stated he is in support of the waiver request. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to approve the Board Order, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 11 11/04/14 9.B. RESOLUTION NO. 57-14/GRANICUS, INC.: Consider approval of Resolution No. 57-14; approving the continuation of services for video/audio streaming of Commission meetings and audio streaming of the City's emergency radio station while the City engages in a competitive bid solicitation; declaring by a four-fifths affirmative vote that the City's sealed competitive method or written quotations procurement method for the purchase is not in the best interest of the City. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(c)(11), "Best Interest Acquisition". Funding is available from 001-1316-512-46.90 (General Fund: Repair & Maintenance Service/Other Repair/Maintenance Costs). The caption of Resolution No. 57-14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE CONTINUATION OF SERVICES FOR VIDEO/AUDIO STREAMING OF COMMISSION MEETINGS AND AUDIO STREAMING OF THE CITY'S EMERGENCY RADIO STATION WHILE THE CITY ENGAGES IN A COMPETITIVE BID SOLICITATION; DECLARING BY A FOUR FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 57-14 is on file in the City Clerk's office.) Francine Ramaglia, Assistant City Manager, stated this item is to approve continuation of the contract that does the broadcasting of the livestreaming City Commission meetings. She stated the contract was originally approved in 2007 by the City Commission and renewed in 2012 through November 2014; however, this was not done with Commission approval. Ms. Ramaglia stated requests approval of this contract for a period no to exceed one-year while the City goes out for competitive solicitation which staff expects to complete in February 2015 for approval of a contract either with vendor or whoever wins the competitive selection. Mr. Frankel stated he has received frequent complaints that the video streaming is not working and it freezes up and suggested that the city needs improvement in this area. He stated many people who are out of the area or out-of-state, they rely on the video streaming to follow what is going on and asked for a major upgrade in this area. Ms. Ramaglia stated staff agrees and that is why this is being taken out for a competitive solicitation and is an inclusive as possible and reiterated that this will be brought back to the City Commission in February 2015. 12 11/04/14 Mr. Frankel moved to approve Resolution No. 57-14, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia— Yes; Mr. Jacquet— Yes; Mr. Frankel —Yes. Said motion passed with a 5 to 0 vote. 9.C. CONSULTANT SERVICES FOR SOLID WASTE AND RECYCLING COLLECTION SERVICES RFP: Motion to approve a consultant services agreement with Mr. David Dee in an amount not to exceed $20,000.00 to finalize an award of the Solid Waste and Recycling Collection Services RFP. This is in compliance with the City Charter, Section 4.08(A), "Legal Counsel Appointment, Removal Compensation; Appointment". The City Attorney stated the RFP was published October 6, 2014 and vendor questions were required by October 22, 2014. The City received questions from the following six (6) vendors: (1) Progressive Waste Solutions, (2)Waste Pro of Florida, Inc., (3) Advanced Disposal Services Solid Waste Southeast, Inc., (4) Southern Waste System (SWS), (5) Republic Service of Palm Beach, and (6) Waste Management of Florida, Inc. The City Attorney stated all submitted questions and detailed responses were provided by the end of last week and posted on the web. The City Attorney stated some of the questions raised legitimate issues and the City issued a third addendum that made some minor changes to both the RFP and Franchise Agreement in response to some of the vendor questions. The City Attorney stated the proposals are due Friday, November 7, 2014 and at that date the Cone of Silence will go into effect. The City Attorney stated the City Manager and the City Attorney's office would like to continue to have available Mr. Dee as we go through vendor selection and in the event there are any unforeseen issues. The City Attorney stated it is important that Mr. Dee be available as we go to vendor selection and as staff goes through a complex RFP and an important vendor selection. The City Attorney stated whatever additional fess Mr. Dee would incur would be substantially less than what he is requesting. Mr. Frankel asked how much Mr. Dee has been paid to date. The City Attorney stated $25,000. Mr. Frankel asked how much the other group was paid. The City Attorney stated Bill Redman had a similar budget and does not believe he has reached his budget cap and he is doing very little if any services from this point. Deputy Vice Mayor Jarjura asked if this is one of the City's largest contracts. The Interim City Manager stated this is one of the City's largest contracts for multi-years and it is the expenditure of tens of millions of dollars on the part of the citizens of the city. Deputy Vice Mayor Jarjura stated normally she would concur with Commissioner Frankel's concerns and the residents' concerns that the city should have the capabilities to handle this in-house given the magnitude of this contract, the issues that the city had previously and the fact that we just now getting the Purchasing Officer started, she feels it is a very specific field and it is important to have an expert on board. Deputy Vice Mayor stated she hopes that the city does not reach the $20,000.00 but having Mr. Dee here as a consultant to guide everyone but not to be relying on him in terms of major work product. Deputy Vice Mayor Jarjura asked if Mr. Dee will be involved in any bid protest or will the city handle in-house. 13 11/04/14 The City Attorney stated he believes the city has the capacity to handle most of the protest work in house. The City Attorney stated his expectation would be unless it overwhelms the resources in his office he would expect to handle it. The Interim City Manager stated the idea is to have the expertise to do as much upfront to avoid having bid protests; it does not mean it keeps it from happening but it levels the playing field more in the city's favor. Deputy Vice Mayor Jarjura moved to approve the Consultant Services Agreement with Mr. David Dee in the amount not to exceed $20,000, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein— Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura —Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:08 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. AMENDED AND RESTATED DEVELOPMENT AGREEMENT REGARDING ATLANTIC CROSSING AND RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT: Consider approval of an Amended and Restated Development Agreement ("Amended Agreement") consistent with the January 2014 site plan approved by the City Commission and the Atlantic Crossing Conditional Use and Class V Site Plan Approval Staff Letter dated February 12, 2014. (At the direction of*the City Commission this item has been deferred for further review. Since this matter was previously advertised for action on November 4, 2014, this courtesy notice is included in the agenda.) 10.B. ORDINANCE NO. 33-14 (FIRST READING/FIRST PUBLIC HEARING): Imposing a temporary moratorium on the operation of medical marijuana treatment centers and dispensing organizations within the city for a period of one (1) year. If passed, a second public hearing will be held on November 18, 2014. The caption of Ordinance No. 33-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IMPOSING A TEMPORARY MORATORIUM ON THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AND DISPENSING ORGANIZATIONS WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 14 11/04/14 (The official copy of Ordinance No. 33-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance imposes a moratorium with respect to Amendment Two which is on today's ballot and also with respect to the compassionate medical marijuana which was passed in the 2014 legislative session. The City Attorney stated the basis for the moratorium is that the legal sale of marijuana would permit land to be used in a way that has historically been prohibited by law. He stated this ordinance would propose a one year moratorium to allow the city to review and determine the proper zoning and land development regulations for this potential new use. The City Attorney stated if Amendment Two passes tonight on the ballot he would anticipate that rules with respect to its sale and cultivation would likely be adopted by the legislature during the 2015 session and typically there is an effective date of July 1st. The City Attorney stated because the City Commission is going to deal with the subject matter of medical sales of marijuana he included the compassionate marijuana laws so they could address the subject matter as a single matter. The City Attorney stated if the referendum were not to pass this evening, then he would not recommend at second hearing that the City Commission consider enacting a moratorium. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 33-14, the public hearing was closed. The City Attorney stated when he first considered this he did not know whether or not to do a moratorium or to get with Dana Little to discuss with him the appropriate zoning districts and the land development regulations with respect to someone who chooses to cultivate, dispense, and offer this for sale. The City Attorney stated if the Commission chooses to allow it what zoning districts is it appropriate to allow for cultivation and sale versus what zoning districts and what land development regulations are appropriate to prohibit its use. The City Attorney stated this moratorium is not at all to encroach should it pass tonight the ability to enact laws to allow for it to legally be dispensed for medical reasons. Mr. Jacquet stated should this ordinance pass tonight and people across the state within a year have the right to do whatever that business is that the amendment allows would they have that same right in the City of Delray. The City Attorney stated they would have the right but like any other business they would have to satisfy the applicable land development regulations and zoning regulations. The City Attorney stated during the pendency of this moratorium it could not be done notwithstanding the moratorium the earliest anyone could do this would be July 1, 2015. 15 11/04/14 The City Attorney stated if this were to pass tonight well before next July there would be conversation between the City Attorney's Office and Mr. Little to come up with a set of recommendations for the City Commission as to what might be the appropriate response. Brief discussion continued between the City Attorney and Mr. Jacquet. Mr. Jacquet stated he understands why the city needs to look into this moratorium because of safety, health issues, and regulation reasons within the city. However, Mr. Jacquet expressed concern over the process. Mr. Jacquet stated tonight is a huge election across the state and this is a huge ballot issue on the ballot and the City Commission Chambers is empty. The City Attorney stated the reason he prefers to have this done as soon as possible is so that there are not placeholder businesses in anticipation of the outcome. Vice Mayor Petrolia moved to approve Ordinance No. 33-14 on First Reading/First Public Hearing, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel —No; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Frankel dissenting. At this point, the time being 7:20 p.m., the Commission moved back to Item 9.1). of the regular agenda. 9.1). PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH KONICA MINOLTA BUSINESS SOLUTIONS: Consider prior approval of annual spending with Konica Minolta Business Solutions in an amount not to exceed $60,000.00 via Florida State Contract #600-000-11-1 for multiyear lease agreements for the acquisition of copiers and related services from Konica Minolta Business Solutions. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), 'Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". Jack Warner, Chief Financial Officer, stated this is the first of the four remaining Code Sections 36.03(B) items and these are on the regular agenda because when this agenda was put together the policy was to have all piggyback contracts on the regular agenda. Mr. Warner stated that policy has since been changed and therefore going forward the City Commission will see all of these items on the Consent Agenda. He stated these are a series of individual contracts and as each of the copier contracts comes up for renewal staff looks at the specifications of the machine and what is the best price. Mr. Warner stated it is not that there is a decision at the beginning of the year but rather than the cumulation of the individual decisions that are made over the course of the year add up to more than $25,000. 16 11/04/14 Deputy Vice Mayor Jarjura moved to approve prior approval of fiscal year 2015 spending greater than $25,000 with Konica Minolta Business Solutions, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet—Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 5 to 0 vote. 9.E. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH OFFICE DEPOT: Consider prior approval of annual spending with Office Depot in an amount not to exceed $150,000 via Florida State Contract #618-000- 11-1 for office and educational consumables. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C), 'Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". Jack Warner, Chief Financial Officer, stated this item is for Office Depot and is a State of Florida Department of Management Services contract and a category such as office supplies and educational consumables that permits the city the pricing from Office Depot. Deputy Vice Mayor Jarjura asked if this is similar to the $100,000 that the City Commission retroactively approved for the credit card purchases but this is for going forward. Mr. Warner confirmed that it is. Deputy Vice Mayor Jarjura stated she would like to make sure that the City is ensuring proper oversight of the individual purchases at Office Depot, Home Depot, etc. Vice Mayor Petrolia asked if there is still the same number of credit cards. In response, Mr. Warner stated staff is part way through the review process and have not completed the final review. Mr. Warner stated he does not expect there to be a large change. The Interim City Manager stated every card that they have that has been dispensed staff has required each department for an updated justification for why a particular employee must have access to the card. The Interim City Manager stated staff will review the justification and make a determination as to whether or not it makes sense for certain employees to have a card. Mr. Frankel moved to approve prior approval of fiscal year 2015 spending greater than $25,000 with Office Depot, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 17 11/04/14 9.F. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH RED WING SHOE COMPANY: Consider prior approval of annual spending with Red Wing Shoe Company in an amount not to exceed $35,000 via Brevard County Central Services contract P-2-12-19 for acquisitions of safety shoes. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C) "Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". Jack Warner, Chief Financial Officer, stated Red Wing Shoes are required by almost every field organization in the city and it is a series of small purchases that occur over the course of the year and the City of Delray Beach is piggybacking on a Brevard County Services Contract. Vice Mayor Petrolia moved to approve prior approval of fiscal year 2015 spending greater than $25,000 with Red Wing Shoe Company, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.G. PRIOR APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000 WITH RICOH USA, INC.: Consider prior approval of annual spending with Ricoh USA, Inc., in an amount not to exceed $60,000 via on Miami Dade contract #033KK11 for multiyear lease agreements for the acquisition of copiers and related services from Ricoh USA, Inc. This is in compliance with the City Code of Ordinances Chapter 36, Section 36.02(A), "Sealed Competitive Method"; Section 36.02(B), "Written Quotations Method"; Section 36.02(C) 'Direct Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". Jack Warner, Chief Financial Officer, stated this item is one of the other vendors from whom copiers are available in that series of individual decisions that are made over the course of the year and the City of Delray Beach is piggybacking off a Miami/Dade School Board contract. Deputy Vice Mayor Jarjura moved to approve prior approval of fiscal year 2015 spending greater than $25,000 with Ricoh USA, Inc., seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein— Yes; Vice Mayor Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura —Yes. Said motion passed with a 5 to 0 vote. 18 11/04/14 9.11. PURCHASE AWARD/MUNICIPAL EQUIPMENT COMPANY, LLC (MECO): Consider approval of a purchase award to Municipal Equipment Company, LLC (MECO) in the amount of $32,331.00 for 15 sets of Firefighting Protective Equipment based on the Lake County Contract #12-0806M. This is in compliance with the City Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard" and Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts". Funding is available from 001-2315-526-64.60 (General Fund: Machinery Equipment/Other Machinery/Equipment) and 001-2313-522-64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment. Danielle Connor, Fire Chief, stated this is item is for the purchase of fifteen (15) bunker gear sets piggybacking off the Lake County Contract to provide for the new employees who are scheduled to start on November 17, 2014. Chief Connor stated the goal of the Fire-Rescue Department is to provide the second set for all firefighters. Mr. Frankel moved to approve the purchase award to Municipal Equipment Company, LLC (MECO) in the amount of $32,231.00 for 15 sets of firefighting protective equipment, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura— Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. Mayor Glickstein commented about the email the Interim City Manager forwarded to the City Commission from Chief Connor regarding the fifteen (15) new hires 10 of which are comprised of three (3) African-American, three (3) Hispanic, one (1) Indian, and three (3) women and the other five (5) employees round out that group. Mayor Glickstein complimented Chief Connor on the diversity and stated it is reflective of the community. At this point, the time being 7:26 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: 1LA. ORDINANCE NO. 34-14: Consider an amendment to Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances; amending the rules for removal for members of City boards; amending Section 32.15, "Definitions", amending Section 32.17, "Grounds for Removal"; and by repealing Section 32.19, "Vote Necessary for Removal" in its entirety. If passed, a public hearing will be held on November 18, 2014. 19 11/04/14 The caption of Ordinance No. 34-14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF ORDINANCES; AMENDING THE RULES FOR REMOVAL FOR MEMBERS OF CITY BOARDS; AMENDING SECTION 32.15, "DEFINITIONS", AMENDING SECTION 32.17, "GROUNDS FOR REMOVAL"; AND BY REPEALING SECTION 32.19, "VOTE NECESSARY FOR REMOVAL" IN ITS ENTIRETY, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-14 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and the City Commission directed staff to revise the ordinance with respect to the process for potential removal of board members. The City Attorney stated when this last came before the City Commission it had removal at the discretion of the board and they felt it was too broad. Therefore, the City Attorney stated in this ordinance he added a definition for "removal for conduct unbecoming." He stated this is a standard that is used by other governments and other employers. The City Attorney stated it has been defined to mean "any conduct by a board member which in the opinion of the City Commission is inappropriate or unsuitable and which has a tendency to adversely affect, lower, or destroy City Commission respect or confidence and the ability of the member to perform his or her duties as a member of the city board or conduct which brings disrepute or discredit to the board." The City Attorney stated he left in all the other standards that were in the prior ordinance; however, he added this language to capture other types of conduct. Deputy Vice Mayor Jarjura stated for abandonment of office it is failure to attend three (3) consecutive regular meetings of a city and a lot of other municipalities have three (3) consecutive regular meetings or accumulative of four (4) or five (5) meetings. She stated if someone is missing four (4) meetings out of a twelve (12) month period whether or not they are consecutive, then that individual should not be on that board anymore. The City Attorney suggested that the City Commission make a motion "to approve as amended" and he can include this language in the next draft. Brief discussion followed by the City Commission. After brief discussion, it was the consensus of the City Commission that failure of a City Board member to attend three (3) consecutive regular meetings or any five (5)regular meetings over the course of a year are subject to automatic termination. 20 11/04/14 The City Attorney stated it would an automatic termination; however, nothing would prohibit the City Commission if they chose to reappoint that person if there were extenuating circumstances (i.e. health). Vice Mayor Petrolia moved to approve Ordinance No. 34-14 on FIRST Reading as amended, seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager None. 12.B. City Attorney The City Attorney introduced the new Staff Assistant City Attorney Stephanie Spritz. Ms. Spritz graduated with a 3.95 GPA from the University of Wisconsin, and then attended Chicago-Kent College of Law where she graduated in the top 14% of her class. The City Attorney stated Ms. Spritz is also a resident of Delray Beach. 12.C. City Commission 12.C.1. Mr. Frankel None. 12.C.2. Deputy Vice Mayor Jariura With respect to a public comment made by Mr. Victorin about the City of Fort Lauderdale having a Beach Redevelopment Advisory Board, Deputy Vice Mayor Jarjura stated the Beach Redevelopment Advisory Board is actually an advisory board to the Beach CRA. Deputy Vice Mayor Jarjura stated the City of Fort Lauderdale has several different CRA areas and one of them is the Beach CRA and the City Commission sits as the CRA and the $72 million worth of public improvements is all being paid for by the Beach CRA which has been in existence since 1989 and has been collecting that money and has not spent it. She stated she forwarded the presentation to the Interim City Manager, Planning and Zoning Director and the City Attorney because it has very informative data in terms of public improvements. Secondly, Deputy Vice Mayor Jarjura reminded everyone that Thursday, November 6, 2014 is Delray Reads Day. 21 11/04/14 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia reminded everyone that on Tuesday, November 11, 2014 there will be a Veteran's Day Ceremony beginning at 9:30 a.m. at Veteran's Park and a parade immediately following which will proceed along Atlantic Avenue from the park to the Delray Beach Center for the Arts at Old School Square. 12.C.4. Mr. Jacquet Mr. Jacquet stated he is looking forward to the results from the Election today. 12.C.5. Mayor Glickstein Mayor Glickstein stated he received a letter from the Bloomberg Philanthropies and they are inviting cities with more than 30,000 residents to submit proposals for temporary public art that demonstrates close collaboration between artists, art organizations and city government. He stated three cities will be selected to receive up to $1 million each over two (2) years. Mayor Glickstein asked Mr. Stewart to determine who would be best to handle this project. Secondly, Mayor Glickstein stated with regard to the staff report dated October 13, 2014 there is a notation from Police Chief Goldman regarding concerns about how many special events are impacting the department's overtime budget. Mayor Glickstein stated he would like to know which events specifically Police Chief Goldman is speaking about that are not covered by the promoter. Mayor Glickstein stated on the Workshop Agenda there will be a discussion regarding the Purchasing Procurement Process Presentation. He asked that staff be prepared to elaborate on the Internal Auditor and Contract Manager positions within existing personnel or new additions to staff to embellish that department. Mayor Glickstein stated he would like these two positions discussed as part of that presentation with that auditor reporting to the City Commission not the City Manager. Mayor Glickstein stated he received an email that in Boston they hired an Arts Czar who is responsible for coordinating all of the arts related city-wide cultural planning events, etc. He feels the City should have been more proactive about what is happening in Artists Alley and stated Mr. Bill Nix brought to his attention that the City has a clearing house for what is happening within our community that is arts related. Mayor Glickstein stated the arts has been such an importance part of the renaissance of this city and he does not want to see that happen again where there is some opportunity missed or some asset we are not leveraging to our full advantage. There being no further business, Mayor Glickstein declared the meeting adjourned at 7:39 p.m. 22 11/04/14 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on November 4, 2014, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 23 11/04/14 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST TO INSTALL A MONUMENT SIGN FOR SPODAK DENTAL GROUP 1. This request to install a monument sign has come before the City Commission on November 4, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Conunission pertaining to the monument, or "free-standing", sign request for Spodak Dental Group. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. L MONUMENT SIGN: Pursuant to the Design Standard Matrix in LDR Section 4.6.7(E)(7), businesses in buildings that are zoned General Commercial (GC) may have a combination of signs including one wall sign, one directory sign, one projecting sign, one under canopy sign and one free-standing sign, all of which must meet the matrix specifications. Does the request for the monument sign meet the requirements of the Design Standard Matrix in LDR Section 4.6.7(E)(7)? Yes S No 0 3. The City Conirnission hereby finds that the monument (free-standing) sign request meets the requirements of the Design Standard Matrix in 4.6.7(E)(7) of the Land Development Regulations, 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 1 City Commission Meeting of November 4,2014; Item 9.A. 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 monument sign request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4th day of November, 2014, by a vote of_5 in favor and 0 opposed. ATTEST: Cary D. GlicQLwA, Mayor Chevelle Nubin, City Clerk 2 City Commission Meeting of November 4,2014; Item 9.A. MARCH 31, 2015 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order/Roll Call. The annual Organizational Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, March 31, 2015. Roll call showed: Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent: None Also present were: Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk (2) Pledge of Allegiance to the Flag The Pledge of Allegiance was recited by the Commission and the public. (3) Oath of Office administered to Newly-Elected City Commission Members: Commissioner Shelly Petrolia Commissioner Mitch Katz Mayor Cary D. Glickstein The City Clerk administered the Oath of Office to Commissioner Shelly Petrolia (Seat #1), Commissioner Mitch Katz (Seat#3) and Mayor Cary D. Glickstein (Seat#5). At this time, Mayor Glickstein gave comments to Commissioner Frankel and presented him with a plaque for his years of service on the City Commission. Commissioner Frankel gave brief comments. (4) Roll Call Newly Sworn-in Commission Roll call showed: Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Mitch Katz Commissioner Jordana Jarjura Mayor Cary Glickstein Absent: None (5) Selection of Vice-Mayor (for the term April 1, 2015 through March 24, 2016) Commissioner Katz moved to appoint Commissioner Petrolia as Vice-Mayor of the City of Delray Beach for the term April 1, 2015 through March 24, 2016, seconded by Mayor Glickstein. Upon roll call the Commission voted as follows: Commissioner Petrolia —Yes; Commissioner Jacquet—No; Commissioner Katz —Yes; Commissioner Jarjura—No; Mayor Glickstein — Yes. Said motion approved with a 3 to 2 vote; Commissioner Jacquet and Commissioner Jarjura dissenting. (6) Selection of Deputy Vice-Mayor (for the term April 1, 2015 through March 24, 2016) Commissioner Petrolia moved to appoint Commissioner Jacquet as Deputy Vice-Mayor of the City of Delray Beach for the term April 1, 2015 through March 24, 2016, seconded by Ms.Jarjura. Upon roll call, the Commission voted as follows: Commissioner Jacquet—Yes; Commissioner Katz — Yes; Commissioner Jarjura— Yes; Mayor Glickstein — Yes Commissioner Petrolia—Yes. Said motion passed with a 5 to 0 vote. (7) Review and Acceptance of regularly scheduled City Commission Meeting dates for the period April 2015 through March 2016 Mr. Donald B. Cooper, City Manager, discussed recommendations for the next six months. It was consensus of the Commission to hold a Special/Workshop Meeting on April 14, 2015. Commissioner Jacquet referenced MLK day and asked about potentially moving meetings up earlier in one month and later in one month to have space in between. It was consensus of the Commission to hold the Regular Commission Meetings in July on July 7, 2015 and July 14, 2015 and the Regular Commission Meetings in August on August 11, 2015 and August 18, 2015;with no workshop meetings in July or August. 2 Annual Organizational Meeting March 31,2015 Commissioner Petrolia noted both meetings in December should be Regular meetings. Commissioner Petrolia moved to approve the Commission Meeting dates as amended, seconded by Commissioner Katz. Upon roll call, the Commission voted as follows: Commissioner Katz — Yes; Commissioner Jarjura — Yes; Mayor Glickstein — Yes; Commissioner Petrolia—Yes; Commissioner Jacquet—Yes. Said motion passed with a 5 to 0 vote. (8) Review and Adoption of Rules of Procedure —Delray Beach City Commission (Local Rules) Commissioner Petrolia moved to adopt the Rules of Procedure as presented, seconded by Commissioner Jacquet. Upon roll call the Commission voted as follows: Commissioner Jarjura —Yes; Mayor Glickstein —Yes; Commissioner Petrolia —Yes; Commissioner Jacquet —Yes; Commissioner Katz—Yes. Said motion passed with a 5 to 0 vote. (9) Review and Adoption of Procedures for Quasi—judicial Hearings Commissioner Jacquet moved to adopt the procedures for Quasi-judicial Hearings, seconded by Commissioner Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Commissioner Petrolia — Yes; Commissioner Jacquet — Yes; Commissioner Katz— Yes; Commissioner Jarjura — Yes. Said motion passed with a 5 to 0 vote. (10) Commission Comments. Commissioner Jacquet welcomed Commissioner Katz and congratulated him. Commissioner Petrolia welcomed Commissioner Katz and stated it is exciting for her. Commissioner Jarjura stated she is looking forward to working with Commissioner Katz and stated she is very excited. Commissioner Katz thanked everyone for coming out tonight and thanked those that supported and did not support him. He stated he is looking forward to working with the entire Commission and the citizens. Commissioner Katz thanked his family and friends. He stated he will work hard to do the right thing on behalf of the citizens. Mayor Glickstein welcomed Commissioner Katz and thanked his family, friends and neighbors for their support over the last two years. He stated he is looking forward to working with the Commission and stated he appreciates the hard work that his Commission colleagues and the staff do. There being no further business, the meeting was adjourned at 5:30 p.m. 3 Annual Organizational Meeting March 31,2015 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Annual Organizational Meeting of the City Commission held on March 31, 2015,which minutes were formally approved and adopted by the City Commission on April 6, 2015. City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above. 4 Annual Organizational Meeting March 31,2015 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Curtis Jones, III, Human Resources Generalist Shirley O'Neal McKennon, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: February 24, 2015 SUBJECT: AGENDA ITEM 5.A.-REGULAR COMMISSION MEETING OF APRIL 6,2015 QUARTERLY S.P.LR.I.T AWARD BACKGROUND In 2014, Roland Flynn a former City of Delray Beach employee with the Parks & Recreation Department, was experiencing a series of health issues. Upon learning of Mr. Flynn's abating health, Verna Harris took the initiative to offer support and well wishes to Mr. Flynn and his family on behalf of the department and the City of Delray Beach. Regrettably, Mr. Flynn passed away leaving his family in insurmountable grief. Verna selflessly took on the responsibility normally handled by a grieving family and planned a memorial service in Mr. Flynn's honor so that family and friends could give homage to an altruistic resident of the City of Delray Beach. Verna's actions, at the greatest hour of need for the Flynn family, not only demonstrated the City's core beliefs of S.P.I.R.I.T., but also shows the true essence of love and support that embodies not only the organization but the entire community. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: March 19, 2015 SUBJECT: AGENDA ITEM S.A.-REGULAR COMMISSION MEETING OF APRIL 6,2015 RESOLUTION NO. 18-15/ABANDONMENT OF A PORTION OF ENFIELD ROAD RIGHT-OF- WAY BACKGROUND The proposed abandonment is a portion of the Enfield Road right-of-way, located west of the intersection of NW 4th Avenue and Enfield Road. This portion of the Enfield Road right-of-way was dedicated by the plat of Lake Ida Manor Addition No. 1 (Plat Book 24, Page 201), recorded on February 15, 1956. The area to be abandoned measures 25 feet wide by approximately 140 feet long. While the right-of-way contains existing utilities (FP&L and AT&T), it is unimproved and does not provide access to the adjacent properties. To accommodate existing utilities in the right-of-way, a general utility easement will be retained over the entire abandonment area. The applicant desires this abandonment for the purpose of expanding the side yard of the property. FINANCIAL DEPARTMENT REVIEW Finance will insure that the City's asset records reflect the abandonment. DISCUSSION Pursuant to LDR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) The subject right-of way was originally dedicated as Kings Lynn by the plat of Lake Ida Manor Addition No. 1 as a 50-foot wide road in 1956. In 1957, the south 25 feet of Kings Lynn was re-platted to be incorporated as a portion of Lot 27, along with the remaining Enfield Road right-of-way, with the Plat of Lake Ida Manors Addition No. 2 (Plat Book 25, Page 61). The centerline of this portion of Kings Lynn right-of-way has now become the northern plat boundary line for Lake Ida Manor Addition No. 2. Since the northern half of this road right-of-way was dedicated entirely from the Plat of Lake Ida Manor Addition No. 1, the property shall be returned to the abutting parcel which is the owner of Lot 7 of Lake Ida Manor Addition No. 1 (the property North of the R-O-W). The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment since water or sewer mains have not been located within the abandonment area. All utility providers have been notified of the abandonment request and Florida Public Utilities and Comcast have no objections to the abandonment. FP&L indicated that they have existing overhead lines within the western edge of the abandonment area and that a 10' Utility easement will be required which would be centered over the existing lines. AT&T indicated that they have both buried lines and above ground facilities within the subject right-of-way. They do not object as long as a Utility Easement is retained over the entire abandonment area. With this easement, the provision of utilities will not be affected. REVIEW BY OTHERS On January 26, 2015, the abandonment was reviewed by the Planning and Zoning Board and the Board recommended approval (7 to 0) subject to the following condition: "That the applicant in coordination with City staff review the legal description of the right-of-way abandonment and ensure that safe traffic situation is maintained in the event of the abandonment of the right-of-way." This concern pertained to available sight distance and the assurance that a safe situation would result. To address this concern, the abandonment exhibit and description have been revised to retain a 10' x 12' corner clip area as right-of-way at the intersection of NW 4th Avenue and Enfield Road as directed by the City Engineer. A full analysis of the proposed abandonment, including the required findings, is provided in the attached Planning and Zoning Board staff report. Courtesy Notices have been provided to the following groups and neighborhood associations: Delray Citizen's Coalition Lake Ida Homeowners Association OPERATING COST N/A FUNDING SOURCE N/A RECOMMENDATION By motion, approve Resolution No. 18-15 to abandon a portion of the Enfield Road right-of-way described therein, and a finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.6(M)(5), of the Land Development Regulations. Attachments: Proposed Resolution No. 18-15 Planning and Zoning Board Report of January 26, 2015 RESOLUTION NO. 18-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 25 FOOT WIDE RIGHT-OF-WAY DEDICATED BY THE PLAT OF "LAKE IDA MANOR ADDITION NO. 1" AS RECORDED IN PLAT BOOK 24, PAGE 201, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND LOCATED WEST OF THE INTERSECTION OF NW 4TH AVENUE AND ENFIELD ROAD, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for abandonment of a 25 foot wide by approximately 140 feet long right-of-way located south of Lot 7, of the Lake Ida Manor Addition No. 1, as recorded in Plat Book 24, Page 201, of the Public Records of Palm Beach County, Florida, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of a portion of said right-of-way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights-of-Ways", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning Board, acting as Local Planning Agency, formally reviewed the matter at a public hearing on January 26, 2015 and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(M)(5); and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, as more particularly described in Exhibit "A", based upon positive findings pursuant to LDR Section 2.4.6(M)(5), but does not abandon and retains and reserves unto itself a general utility easement over the entire abandoned area for the purpose of maintaining either over or under the surface, poles, wires, pipes or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all rights and interests it holds to the real property, described in Exhibit "A", except as provided for in Section 3 of this Resolution. Section 3. The City of Delray Beach City Commission does not abandon and retains and reserves unto itself a general utility easement for the purpose of maintaining either over or under the surface, poles, wires, pipes or any other facilities used for various public utilities whether owned by the City or private corporations, over the entire abandoned area, more particularly described in Exhibit "A". PASSED AND ADOPTED in regular session on this the —_ day of — ) 2015. MAYOR ATTEST: ----- ---------- City Clerk 2 RES.NO. 18-15 1150 E. ATLANTIC Btw. ACCURATE LAND SURVEYORS, INC. TEL (954) 782-1441 POMPANO BEACH FLORIDA 33060 L.B.-x/3635 FAX. (954) 782-1442 SHEET 2 OF 2 f Poreel Contrd Number 12-43-46-06-19-004-0050 E LOT 5 BLOCK 4 SET 1/2• LAKE IDA SHORES 1ST ADDITION ul Z IRON ROD P.B.25,PAGE 71,P.B.C.R. LB3635 m -FOUND FOUND 1/2' s { MONUMENT $3 21, lPL T IRON PIPE n 1r --- NO I.D. r- ANCHOR —,�=L_-_--- �7- 1--- 25.00• POWER 25.00 -----EN/ _ V 1 POLE 5,j0 .�5'UTILITY EASEMENT m ELECTRIC" 9008" 09 9008 O I 0O• 00• 09 I 5° 6.86' 1289' 4'CHAINUNK I FENCE CAN C3 I`1 ALUMINUM C) �I{ 6.84 ° SHED I of ,269 i LOT 6 I LAKE IDA MANOR ° I � o II 3 I ADDIT10N NO 1 ITV I P.B. 24, PAGE 201,P.B.C.R.DO Poreel Conlyd Number LOT 27 15.23 I�1 G = LOT 7 i 2-43-46-OB-04 ODO-0060 LAKE IDA MANOR I U. W ADDITION NO 2 wLAKE IDA MANOR ADDITION NO 1 P.B. 25,PAGE 61, P.B.C.R. m-g P.B. 24, PAGE 201, P.B.O.R. Porch Control Number D m Parcel Control Number I �2-43-46-OB-13-000-0270 12-43-46-OB-04-000-0070 ELEC 3647.05 SOUARE FEET± 0.19'-N W 0.20'-N r~ SET i/2' I I IRON 1/00 IRON R Lfl 35 (100'pµ0) I UM35 25.00' (TO - R=25.00' \ A--90'02'00" A=39. '00" 3'*� A=39.28'.0 ,. cp \� 3'' I FOUND R=16.00 9� �05�, ,3a3��ol IRON PIPE g 0• o/ 1.30'N e �=90.02'00 Lt� o/a 0.18'W ..J:•.,:� :. - WI - OJ 58.28' A=25.14 ;a:' 34.00'SET 1/2' I SET,/2 SET 1/2'.:.._ Ift01J ROD I IRN ROD -:IRON ROD: ?.:: L83635 O°i k CM LB 3635 483635': ry j �:42'•ASPHAT P fVl]AE 4 q N.W. 4th. AVE COLOR CODE RIGHT-DF _...:.,�.:�.: ... :.'.y:..;. .:,,..�.. -WAY FOR MARKING 20 0 10 20 UNDERGROUND UTILITY LINES ® ELECTRIC GRAPHIC SCALE GAS-OIL-STEAM NOTES: '"r4::"" n r. ''"$'• COMMUNICATION 1.UNLESS OTHERWISE NOTED FIELD MEASUREMENTS ARE IN AGREEMENT WITH RECORD 1•-'zA,s .`x""'''1.1 -CAN MEASUREMENTS. - 2 BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF N/A WATER - 3..THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OWNERSHIP,RIGHTS-OF-WAY, EASEMENTS,OR OTHER MATTERS OF RECORDS BY ACCURATE LAND SURVEYORS,INC. 4.OWNERSHIP OF FENCES AND WALLS IF ANY NOT DETERMINED. 5.THIS DRAWING IS THE PROPERTY OF ACCURATE LAND SURVEYORS,INC.AND SHALL NOT BE USED SEWER OR REPRODUCTED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 6.7H IS SURVEY CONSISTS OF A MAP AND TE%T.REPORT.ONE IS NOT VAUD-WITHOUT THE OTHER. 7.THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON;TO BE VALID ONE TEMPORARY SURVEY YEAR FROM THE DATE OF SURVEY AS SHOWN. MARKINGS CON"TR°ACTOR OR°OTHER DESIGN PROFESSIONAL TO FIELD VERIFY I ALL LOCATIONS BEFORE DESIGN OR I�•J ca+sTRUCnaN. PROPOSED 9.PER OWNERS REQUEST ASPHALT NOT LOCATED. EXCAVATION CERTIFICATION: THIS IS TO CERTIFY THAT I HAVE RECENTLY SURVEYED THE PROPERTY DESCRIBED IN THE FOREGOING TITLE CAPTION AND HAVE SET.OR FOUND MONUMENTS AS-INDICATED ON THIS SKETCH AND THAT SAID CALL- ABOVE GROUND SURVEY AND SKETCH ARE ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.-I FURTHER CERTIFY THAT THIS SURVEY MEETS MINIMUM TECHNICAL STANDARDS UNDER RULE©SUNSHINE 5J-17 ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS,JANUARY 111H,2010. 481 HOURS BEFORE YOU DIG ' S E A 1-800-432-4770 (�EXIIGINAL VALID NATURE AN NANRE AND RAISED RENSIONS DATE BY %�J - /� F A FLORIDA L L"'T^14... D SURVEYOR RENSE DESCRIPTION 70 NOT INCLUDE ASPHALT 11-10-14 MLW MAPPER. UNDERGROUND LOCATIONS 14-3339 1D-15-14 MLW ROBERT L THOMPSON (PRESIDENT) PROFESSIONAL SURVEYOR AND MAPPER No.M69-STATE OF FLORIDA SEE 04-0502 FOR SURVEY OF LOT 7 ' DATE OF SURVEY I DRAWN BY CHECKED BY FIELD BOOK .CWH 07-24-14 AL RLT 14-2331 SCALE 1°=20' uMBERSU-14-2331 1150 E. ATLANTIC BLVD. ji ACCURATE LAND SURVEYORS, INC. TEL. (954) 782-1441 POMPANO BEACH FLORIDA 33060 L.B. #3635 SHEET 1 OF 2 FAX. (954) 782-1442 TYPE OF SURVEY: BOUNDARY JOB NUMBER: SU-14-2331 14-3339 LEGAL DESCRIPTION: A PARCEL OF LAND BEING THE NORTH 112 OF THE 50 FOOT RIGHT OF WAY LYING SOUTHERLY OF LOT 7 OF LAKE IDA MANOR ADDITION NO.1,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 24,AT PAGE 201 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.SAID PARCEL OF LAND INCLUDING THE AREA OF SAID RIGHT OF WAY LYING SOUTHEAST OF THE ARC OF A 25 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST BEING TANGENT TO THE EAST LINE AND THE SOUTH LINE OF SAID LOT 7. SAID AREA LYING WESTERLY OF THE EAST LINE OF SAID LOT 7 AND NORTHERLY OF THE SOUTH LINE OF SAID LOT 7, LESS AND EXCEPT; THE AREA OF SAID RIGHT OF WAY LYING SOUTHEAST OF THE ARC OF A 16 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST BEING TANGENT TO THE EAST LINE OF SAID LOT 7 AND TANGENT TO A LINE 25 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT TSAID PARCEL OF LAND CONTAINING 3592 SQUARE FEET OR 0.08246 ACRES MORE OR LESS AND ALSO KNOWN AS THE NORTH 1/2 OF KINGS LYNN LESS ROAD. ADDRESS: VACANT LOT DELRAY BEACH,FL 33483 FLOOD ZONE: X BASE FLOOD ELEVATION: NIA CONTROL PANEL NUMBER: 125102-0002-D EFFECTIVE: REVISED: 1/5/1989 LOWEST FLOOR ELEVATION: NIA GARAGE FLOOR ELEVATION: NIA LOWEST ADJACENT GRADE : NIA HIGHEST ADJACENT GRADE : NIA REFERENCE BENCH MARK: NIA CERTIFY TO: 1. ORANGE HOMES CORP 2. 3. 4. 5. 6. 1 THIS SURVEY CONSISTS OF A MAP AND A TEXT REPORT. ONE IS NOT VAUD-WITHOUT THE OTHER. - 2. OWNERSHIP OF FENCE AND WALLS IF ANY, NOT DETERMINED. 3. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON. TO BE VALID ONE YEAR FROM THE DATE OF SURVEY AS SHOWN HEREON. A RCLENGTHCE I EGEND OF ABBREVIATIONS: PALM BEACH COUNTY NGVD1929 CB ° CHORD BEARING �� R = RADIUS - OR'H• ELEVATIONS BARED ON NGVD 1848 D.B. DEED BOOK RAY - RIGHT OF WAY SO.FT. - SOUAREFEET MAINE. MAINTENANCE CLF - CHAIN LINK FENCE S E A P.C. POI NT OF CURVATURE P.G.P. - PERMANENT CONTROL.POINT B.C.R = BROWARDCWNtt RECORDS WF = WOOD FENCE P.T. POINT OF TANGENCY. p.B.C.R - PALM BEACH COUNTY RECORDS- D.C.R. DAOE COUNTY RECORDS BLVD. • BOULEVARD NOT VAUD WTHOUT WM WATER METER - P = PLAT P.B. PLATBOOK AD ASSUMED DANM THE SIGNATURE AND OH = OVERHANG NRD = NAILA DISC O.R.B. • OFFICIAL RECORDS BOOK I.M. • IRON PIPE THE ORIGINAL RAISED N NORTH P.O.C. • POINT OF COMMENCEMENT- F.F. = FINISHED FLOOR - I.R. IRON ROD - SEAL OF A FLORIDA S - SOUTH P.O.B. POINT OF BEGINNING ENCH. • ENCROACH GAR = GARAGE UCFHSED SURVEYOR E . FAST A/C = AIR CONDITIONER -- C- = CENTERLINE AND MAPPER_ W - WEST FND. _ .FOUND -K-%-„-M CHAIN LINK FENCE (M) ME45URED B.M. = BENCHMARK CHATT. CHATTAHDOCHEE -A<-Y�YA-YA-° WOOD FENCE LP ° LIGHT POLE FH = FIRE HYDRANT F.P.L POWERAUGHT 13 -0 METAL FENCE U.E. UTILITY EASEMENT H = OFFSET F.P.L = FLORIDA FLORIDAII O OvF= PVC FENCE D.E ORABIAGEEASEMENT .ft SEC. SECTION MH • MANHOLE -II-II-II-II- CONCRETE FENCE AE. _ ANCHOR EASEMENT. TWP. • TOWNSHIP ESMT. _ EASEMENT CONCRETEWALL p.Rµ v PERMANENT REFERENCE MONUMENT RGE. - RANGE ELEC. ELECTRIC - _ WIRE FENCE N.G.V.D. NORTH GEODETIC VERTICAL DATUM. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: January 26, 2015 ITEM: Proposed abandonment of a portion of the Enfield Road (formerly Kings Lynn) unimproved 25' right-of-way located west of the intersection of NW 4th Avenue and Enfield Road. This right-of-way abandonment is being processed pursuant to LDR Section 2,4.6(M), Abandonment of Rights-of-Way. GENERAL DATA: 0, 1 E Applicant........................... ......... Alexander Paul Location...................................... West of the intersection of NW 4th Z Avenue and Enfield Road Gardenia Ter Property Size.............................. 0.083 Aacres (3,647.05 sq. ft.) lake Future Land Use Map................. LD (Low Density 0-5 du/acre) Eldorado Ln Current Zoning............................ R-1-AA (Single Family v Q J Residential) Adjacent Zoning................North- R-1-AA (Single Family BunsnineDr Residential) e; cn�e}aRa Kings L East: R-1-AA (Single Family Residential) South: R-1-AA (Single Family � SevedyDr Residential) West: R-1-AA (Single Family Residential) er Existing Land Use...................... Unimproved road right-of-way Proposed Land Use.................... Abandoned area will be NW 4th St Lake Ida Rd incorporated within adjacent single family lot. FR I Q v t � Z � NORTH ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the Enfield Road right-of-way, located west of the intersection of NW 4th Avenue and Enfield Road. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M), Abandonment of Rights-of-Way. BACKGROUND This portion of the Enfield Road road right-of-way was dedicated by the plat of Lake Ida Manor Addition No. 1 (Plat Book 24, Page 201), recorded on February 15, 1956. The area to be abandoned measures 25 feet wide by approximately 140 feet long. While the right-of-way contains existing utilities (FP&L and AT&T), it is unimproved and does not provide access to the adjacent properties. To accommodate existing utilities in the right-of-way, a general utility easement will be retained over the entire abandonment area. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) The subject right-of way was originally dedicated as Kings Lynn by the plat of Lake Ida Manor Addition No. 1 as a 50 foot wide road in 1956. In 1957, the south 25 feet of Kings Lynn was re- platted to be incorporated as a portion of Lot 27, along with the remaining Enfield Road right-of- way, with the Plat of Lake Ida Manors Addition No. 2 (Plat Book 25, Page 61). The centerline of this portion of Kings Lynn right-of-way has now become the northern plat boundary line for Lake Ida Manor Addition No. 2. Since the northern half of this road right-of-way was dedicated entirely from the Plat of Lake Ida Manor Addition No. 1, the property shall be returned to the abutting parcel which is the owner of Lot 7 of Lake Ida Manor Addition No. 1 (the property North of the R-O-W). The City's Environmental Services Department (ESD) has reviewed the request and has no issues with the abandonment since water or sewer mains have not been located within the abandonment area. All utility providers have been notified of the abandonment request and Florida Public Utilities and Comcast have no objections to the abandonment. FP&L indicated that they have existing overhead lines within the western edge of the abandonment area and that a 10' Utility easement will be required which would be centered over the existing lines. AT&T indicated that they have both buried lines and above ground facilities within the subject right-of-way. They do not object as long as a Utility Easement is retained over the entire abandonment area. With this easement, the provision of utilities will not be affected. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Planning and Zoning Board Meeti� f January 26,2014 Abandonment of a Portion of the E.,..eld Road right-of-way Page 2 The unimproved road right-of-way does not provide access to any adjacent properties. Lot 7 of Lake Ida Manor Addition No. 1 takes access from NW 4t"Avenue and Lot 27 of Lake Ida Manor Addition No. 2 takes access from Enfield Road. Since the entire subject right-of-way will be replaced by a utility easement, there will be no further public purpose for the existing right-of- way. Therefore, a positive finding can be made. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, the unimproved road right-of-way does not provide access to the adjacent properties which front directly on NW 4t" Avenue or Enfield Road. Therefore, a positive finding can be made. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. The existing road right-of-way is unpaved and does not provide access to the adjacent properties. Existing utilities will be accommodated in the retained or replacement easements. Therefore, the abandonment will not result in detriment to the provision of access or utility services to adjacent properties of the general area, and a positive finding can be made. REVIEW BY OTHERS Courtesy Notices; Courtesy notices have been provided to the following groups and neighborhood associations: Lake Ida Neighborhood Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property and notice was published in a local newspaper. The Planning Department has not received any letters of opposition to the abandonment. Future letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT The existing unpaved road right-of-way does not provide access to the adjacent properties. A general utility easement will be retained over the entire abandonment area to accommodate existing FP&L and AT&T facilities. Based on these factors, there is no further public purpose for the existing right-of-way. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. ALTERNATIVE ACTIONS 1. Continue with direction. 2: Move a recommendation of approval of the request for the abandonment of a portion of the road right-of-way for Enfield Road located to the west of the intersection of NW 4t"Avenue and Enfield Road, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Planning and Zoning Board Meetir f January 26, 2014 Abandonment of a Portion of the E —eld Road right-of-way Page 3 3. Move a recommendation of denial of the request for the abandonment of a portion of the Enfield Road right-of-way located to the west of NW 4th Avenue and Enfield Road, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval of the request for the abandonment of a portion of the Enfield Road right-of-way located west of the intersection of NW 4th Avenue and Enfield Road, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(M)(5) of the Land Development Regulations. Staff report prepared by: Nguyen Tran, Staff Consultant Attachments: Location Map Aerial Photo Street View Photo Proposed Resolution No.XX--1 Sketch and Legal Description.of Abandonment Area Plat of.Lake Ida Manor.Add>tlun No. 1 Plat of Lakin Ida Manor Addition N:0.2 NV+f 7th St a L z Gardenia Ter Lake Ter Eldorado Ln W C a it z Sunshine Dr Kings Lynn z Tyr Beverly Dr er Q a� c0 hr m z NW 4th St = s Lake Ida Rd ¢' � ch - 502 NW 4TH AVENUE Subject Property NORTH p PLANNING&ZONING R-O—W ABANDONMENT ® R-O-W Abandonment Area DEPARTMENT Document Path: S:1Planning &Zoning\D13MS\GlS\Location MapsX502 NW 4th Avenue R-O-W Abandonment.mxd 1150 C ATLANTIC BLVD, A ACCURATE LAND SURVEYORS, INC. TEL (054) 782-1441 POMPANO BEACH FAX, (954 782-1442 FLORIDA 33080 L B SHEET 2 OF 2 ) i # Pacts Ganbd Numa�F ,-,,.f i LOT 5 BLOCK 4 SET 19 LANE CA swam WT ACC�TION h6C P.D.24 PAGE 11,PACA IFWNC t/9` sA WON rt MMONNUWIENT a 1 AT3 �140 Q.83.21 rr ANCHOR 1--_—,..- I a66Nds ®z-a'U1eiTY f/SEYEiIT ME l See' 1 I C"JUP� CATY p kANUu �Re wSHED ' �, ALSHED I } Lea I LOT CT l i LANE IDA MANOR f ADDITION NO I Ps 24, PAGE 201,P.$.O.R. plorw et LOT 27 j LOT 7 «v+A HwRMsr 1a-'{3-14ntro 000�•COfa LAKE IDA MANOR F.B. ADDITION NO 2 LAKE 2 MANOR AD NO t I P.B. 26,PACE Bt,P.B.C.RI ' p� P.B,l 24, PACE 201, P.B.O.R, ,a-+1 %-Ca-1]-06D-7170 fi8C1111C ~ 1(j kg W 46-L'Oe04-C Q-tlC74 I 410'-x a6a'-5 4Lw I 3047.60 SQUARE FKT* a1a'WH 1 I SET 1/a aEr,�r WON V010, 1e5'� D1 I [EON 9&W a, Sa lt° I R-2&00' I A-90.02'00" A=39.28' In ds FOUND IA-90-02-00 n' tt0 ea:e' I e%+aair A=25.14' f�►;'ir ;";/� 34,00'SET,i/�- —__ ____�__��__ SET r JI S tl te6C. f Le,70`305 CAP L0 7044 11 A4 �� „!; Y.'lF, T'n . a I.�..♦r! r -�.•� : 22 ASPHIVLT 1�At1EY[IiT� .• �..1.''°,!Y"' I ti,:"; i"',.' ; 4th A�1C•�a��-��scy'cF'hta':. Y^IVUG' e,lr ai•,1a,r$,�I' eft,"y y.nv.V•, -�.��..+.r-• ss•—c ...--.'i. 1,1+3 �wu-�a '.�^»�[',.. COLOR CODE ;",'T^',,ed RIGHT- FOR MMrJNG UNO®ROIROUND UTILITY UNN eLeCTRIC GRAPH SCAIr: OAIIMOM. TiAM COMMIIIIHICATION ,.UNLESS OTHERWISE NOTED FED MEASUREMENTS ARE NI AGRF'6MENT MIN RECORD YEADURIMEN7% 2.eEARINOS SHORN HEREON ARE BASED ON A KARINO OF t1./A_ WATBR EAS MENTT3.OR OTHER MATUAB OF RECORDS BY OA OIM�LANDSNSUPIIti'EY�Q-OF-WAY, 4,tlYNEASHIP OF FEHCdO Am wA"IF ANY NOT DERRAIiNw, OR REPROOLIVEFD IN WWNNC E OAR IN PMT VAINOOUTT WWRITIEN AU�OW TIOION, EHALL mar ME U4LL� OE1R�R S,THIS SURVEY CONSISTS OF A MAP AND IIRT RSPCR7.ONE IS NOT VALID WITHOUT MOW 7.THIS SURVEY 10 MADE FOR THE EXCLUSIA UK OF THE MTM O HEREON,TO BE YA4Rf 011f� TlYPORARY{URM UOU� OCIIQS i NDFAORDUNDTIUTY LAIIKI ONGL71 BY SUNSHINE,ARCIO�p T� MARKING! CONTRACTOR OR OTHER DESIGN PRDF618100AL TO FIELD VERIFY ALL LOCATIOHE SEF�OR INAVA I aCO.NPEER DOWNERS REQUEST ASPHALT N07 LOCATED B1(CAVATION CERTIFICATCN: pgqA��Tpp�R q (�p� on VMS 18 TO CtRTIFY TWAT I HAVE RECENTLY 0WRAY&O THE HOVE CCRROOUGNHD SSURVEY�AND N91CH Aft ACCCQUUNAATI AND wCOORRECT TO THE KST OR MY IO= AND RUE,,1 FURTHTR OfRRFY THAT THIe eUnV1LI'MEE77��MIN Kp m A,STAwom M W Rim @40� SJ-,7 ADOPTED By THE FLOMDA SGARD of tANP EURVEYOI,e, ARY 11TH.SOIa w"okoftK MKIORR*MG -1-600-432-4770 REVISIONS DATE BY _ RLY1SE au*WRON TO NOT INCLUDE ASPHALT 11-10-14 MLw u1+aEFGRnuNEr LOCA110NE 144344 10-15-14 MLw ROBERT L. THOMP3ON PRESID6N SEE 04-ODU FOR SURVEY OF LOT 7 PROFESSIONAL SURAVOR AND MAPPER Na 0-STAR OF FLORIDA . m-24—t+ AL ALT 14-11a31 SCALE V-20' I "nwEaISU-14—,331 1150 E. ATLANnC BLVD. ACCURATE LAND SURVEYORS INC. TtL (95+) 782-1441 POMPANO BEACH L.B. p3836 FAX. (984) 782-1442 FLORIDA 33080 gHgET 1 OF 2 TYPE OF SURVEY: BOUNDARY JOB NUMBER: SU-14.2331 14-3339 LEGAL DESCRIPTION: A PARCEL OF LAND BEING THE NORTH 112 OF THE 60 FOOT RIGHT OF WAY LYING SOUTHERLY OF LOT 7 OF LAKE IDA MANOR ADDITION NO.1,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 24,AT PAGE 201 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,SAID PARCEL OF LAND INCLUDING THE AREA OF SAID RIGHT OF WAY LYING SOUTHEAST OF THE ARC OF A 26 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST BEING TANGENT TO THE EAST LINE AND THE SOUTH LINE OF SAID LOT 7. SAID AREA LYING WESTERLY OF THE EAST LINE OF SAID LOT 7 AND NORTHERLY OF THE SOUTH LINE OF SAID LOT 7, LESS AND EXCEPT; THE AREA OF SAID RIGHT OF WAY LYING SOUTHEAST OF THE ARC OF A 16 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST BEING TANGENT TO THE EAST LINE OF SAID LOT 7 AND TANGENT TO A LINE 26 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 7.SAID PARCEL OF LAND CONTAINING 3692 SQUARE FEET OR 0.08246 ACRES MORE OR LESS AND ALSO KNOWN AS THE NORTH 112 OF KINGS LYNN LESS ROAD, ADDRESS: VACANT LOT DELRAY BEACH,FL 33483 FLOOD ZONE: X BASE FLOOD ELEVATION: NIA CONTROL PANEL.NUMBER: 126102-0002-0 EFFECTIVE: REVISED: 11611969 LOWEST FLOOR ELEVATION: NIA GARAGE FLOOR ELEVATION: NIA LOWEST ADJACENT GRADE : NIA HIGHEST ADJACENT GRADE : NIA REFERENCE BENCH MARK: NIA CERTIFY TO: 1. ORANGE HOMES CORP 2. 3. 4. 6. 8. Z AND A MIlS SAND A NO n�E1f�A��N�0 NOT VAUD WITHOUT'ML 01,1614,. & THIS 3URWEY IS MME FOR THE EXCW04 USE OF THE 01IM IEn HEREON.TO K VAUD ONE YEAR FROM TH8 DAZE OF SURVEY AS SHOWN HEREON. PALM BEACH COUNTY NOVD1929 co emmoam" FIN MWOPWAY FA P<. SOUNMAW uw, • mWoLva w - CMMHLkMk Ws PLO. pOd1T OP CINIYMLNW p.C)� PdRMAtANfCCLLYI{CLpLYlO •AJL, . IROWAfmCtlVM1'Y RICOw WP . W9OOp!ws P.T. PCLNIOPTAomw PALCAL PALMNACHCO1HiMMOPCY P . PLATLIOOM MICQAC6 M! ' ILWVAM N� µL1 WATIRYIRR P PLAY ■ AY7INATOOAnw OH • OVCINMAm Km wx4o" OAL 1wole LWC60RB mm LAL IMILPMI. ry • I&M Pte' • M WPOFOOMMEI ILIFlLf Pdr, lWfmorLm ia. 1IB}00 I mom I LIMY AAiX N AriC-0�XFs"Hw FHCdS • YiC11CVLM1 QIPA9I _ FM —M..-�11••••�•i...-rim a 0"LNN mal � �", f /AI. 9WNOHMAIOL O TYAHOOCMEC '-��I.��H-/I+•�•fH--. WOOOF LP : Lowe" pp" romm WLMH Pte( FLOMAPAOWMALLoff �• MLiLb..FIryCC II.R.. VIAl1Y CACCA !'f ORSU• . PVC FIIMI O,L Y WAIILWE�LBlpdW /Id - IF40M Nm MAILIICLi �-�--II�H�II—•li�•�•�� OOtIC�Ifl®WML 1rsr, . Tawryww eleur. IAaaarriF PAM 4I L�F�W9Al1W4RQN 161 W PW, I04m" ILLLC. MOM • WIRI FCNpI "VO + 001"11IOO6I.LCYCRFM40AIN11S tea° . j� f I �iE3i (y I �ww y oe r p a �i r C'{ � II�, Page I of I (VIA Property Appraiser a.i�7(� ti ��i>�:�s�aff�,��1 f�4iE.ra�7� .�i�.� ��C.PI➢�'ll @d�i(1 _.... Location Address 502 NW 4T"AVE Mwilcipality DELRAY BEACH Farcel Carwol Number 12-43--46-08-04-000-0070 Subdivision LAKE IDA MANOR ADD 1 IN Official Records Book 26394 Page 174 Sale Date OCT-2013 D.:� cripi€aaT LAKE IDA MANOR ADD NO 1 LT 7 Mailing address Owners 1730 S FEDERAL HWY 326 ORANGE HOMES CORP DELRAY REACH FL 33483 3309 Saps Date trice OR Book/Page sal", Tyjst! Owner OCT-2013 $409,000 26394 1 0174 WARRANTY DEED ORANGE HOMES CORP NOV-2003 $330,000 16186 1 0409 DEED OF TRUST BOCCARDO HUMBERTO& MAY-2002 $1 13858 113S2 WARRANTY DEED CLARK HELEN M i No Exemption Information Available. Number of Units 1 *Total Square Feet 2473 Acres 0.27 Use Code 0100 -SINGLE FAMILY Zoning R1AA-Single Family t 12-DELRAY BEACH) Tax Year 2014 P 2013 2912 Improvement Value $108,716 $137,992 $133,431 Land Value 5240,500 $185,000 $165,149 Total Market Value $349,216 $322,992 $298,580 - All values are as of January 1st each year Frplimin,�ry "fax Year 2014 P 2013 2012 Assessed Value $349,216 $322,992 $298,580 ExempWn Amo-ont $0 5o $n Taxable Value $349,216 $322,992 S298,580 'fax Year 2014 P 2013 2012 I Ad Valorem $7.759 $7,205 $6,834 Non Ad Valorem $239 $238 $238 Fotai tax $7,998 $7,443 $7,072 I I http:/Iwww.co.palm,beach,fl.us/papal Asps/PropertyDetail/Pxnpe rtyDetail.aspxVarcel=1243... 9/8/2114 V-4 -di I I d Lkt e, 0 F5WH.--, AN3 H D ra 40 u LLA qt w CL H Ln —1 7-F INN p o t 10 0-j 0 Z 0 tL EWE >w w IL Z O o uIF Jll < U U. m Ld W La CL J w 0 U- 3: J Z UJ Lo We - F U 0 0 0 a Cf LL_j IL 0 IL IL In LU 0 lqz LL 4L rTl 93 LL " w d z CL if '3AVo ? MN --4 9 Vj I �jors -Lv-lrj pE. as ti~ LLJ ¢ N Or Ld Ir LO Q w F c�-v- °Ea Q o� '� ¢ C) LL) UJ O ama Q x y._ 6, F- Z� o a� awMae ¢ 3°a g Fa a a mow`_ LL 0 Z t— �Wm O to F} a a 1 � £ r o Z IL / P + X F O p U - m O m O N t _ ¢ o U Y z - Q W O 7 o r m — O a J n « FL CL EXHIBIT "A" A parcel of land being a portion of the North 1/2 of the 50 foot right-of-way lying Southerly of Lot 7 of LAKE IDA MANOR ADDITION NO. 1, according to the plat thereof, as recorded in Plat Book 24, at Page 201, of the Public Records of Palm Beach County, Florida, being more particularly described as follows; Commence at the Northeast corner of the aforementioned Lot 7, thence South along the East line of the aforementioned Lot 7 also being the West right of way of Northwest 4th Avenue, a distance of 58.28 feet to the Point of Beginning being the Point of Curvature of a 25 foot radius curve concave Northwesterly; thence along the arc of said curve through a central angle of 90" 02' 00", for an arc distance of 39.28 feet to the Point of Tangency being located on the South line of the aforementioned Lot 7; thence Westerly along the aforementioned South line, a distance of 115.14 feet to the Southwest corner of the aforementioned Lot 7; thence Southerly through an angle of 89 ° 52' 00" in the Southeast quadrant along the Southerly projection of the West line of the aforementioned Lot 7, a distance of 25.00 feet; thence Easterly along a line 25 feet Southerly of and parallel with the Southerly line of the aforementioned Lot 7, a distance of 128.49 feet; thence Northeasterly through an angle of 1400 09' 52" in the Northwest quadrant, a distance of 15.62 feet to a point on the Southerly projection of the East line of the aforementioned Lot 7; thence Northerly through an angle of 1291 48' 08" in the Northwest quadrant, a distance of 40.01 feet to the Point of Beginning. Said described parcel containing 3,587 square feet more or less. 1150 E. ATLANTIC BLVD. ACCURATE LAND SURVEYORS, INC. TEL. (954) 782-1441 POMPANO BEACH FLORIDA 33060 L.B. #3635 FAX. (954) 782-1442 SHEET 2 OF 2 Parcel Central Number 12-43-45-08-19-004-0050 E LOT 5 BLOCK 4 SET 1/2" LAKE IDA SHORES 1ST ADDITION to Z IRON ROO 0 P.B.25,PAGE 71,P.B.C.R. LB3635 m_ FOUND FOUND 1/2" � 1 MONUMENT 83,21 PLAT ...�N IRON PIPE � m r LIMITS ND I.D. ANCHORI 25.00' POWER 25.00' POLE 5:j,00 �5'UTILITY EASEMENT m N 90 ELECTRIC bB� 6°j _908BPo•. �kOp 12.89' 6.88' 4'CHAINLINK i FENCE CAN PD } o ALUMINUM ¢O fi .84' SHED 12.89' o > I LOT 6 i LAKE IDA MANOR 0 I ADDITION NO 1 0 P.B. 24, PAGE 201, P.B.C.R. 0 �O S.LINE OF LOT 7 LOT 27 Z II =Q L I Parcel 04 Number LOT 7 I 2-43-46-08-04-000-0060 LAKE IDA MANOR 0 I Dj wu; ADDITION NO 2 LAKE IDA MANOR ADDITION NO 1 P.B. 25, PAGE 61, P.B.C.R. N DO I u°Tm 'O^a P.B. 24, PAGE 201, P.B.C.R. Parcel Control Number \ N 00 MM _� Parcel Central Number 12-43-46-08-13-000-0270 fA 12-43-46-08-04-000-0070 ELECTRIC I \ Ln 0 �IjZ 0.10'—S 6,23' 0.09'—S P 3647.05 SQUARE FEET: 019'—N 0.20'—N I SET 1/2" SET 1/2" IRON ROD 135'25.27 IRON ROD LB3635 LB3635 25.00' (To CHORD) R=25.00' ��ryry WM 0=90°02'00" POINT OF A=39.28' COMMENCEMENT N.E.CORNER OF LOT 7 P.B.24,PG.201,P.B.C.R. I FOUND IRON 2.ti �7Q 7r SO I PIPE . gp. o/s 1.30'N :..::,'.:._ 0.18'W i40.01 SET 1/2° POINT OF E.ONE OF LOT 7 SET 1/2" 2°,`. IRON ROD BEGINNING W'R/W LINE N.W,4TH AVENUE j IR CRODB 3635 c,I IRON D:::.:: LB3635 LB5 :y,'.:., . ... ...o-...,;:.....' .... ... .......: .. {42'"ASPHALTPAVEMENT3,'::: f:.. ... ..:. ... ::.:. :.: .....:::<-�:..,.,.. .. :.;..;;.:-,,.W. 4th. `AVENUE`S':'.;..::;::,_;:.;.�.,;,,:;`:°: 'I•: COLOR CODE X50 RIGHT OF-WAY". FOR MARKING 20 D 10 20 UNDERGROUND UTILITY LINES ELECTRIC GRAPHIC SCALE GAS-OIL-STEAM NOTES, �. - CMMUNICATION 1.UNLESS OTHERWISE NOTED FIELD MEASUREMENTS ARE IN AGREEMENT WITH RECORD CO ATV MEASUREMENTS. 2.BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF N/A 3.THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OWNERSHIP,RIGHTS WAY. INC. WATER EASEMENTS.OR OTHER MATTERS OF RECORDS BY ACCURATE LAND SURVEYORS,INC. 4.OWNERSHIP OF FENCES AND WALLS IF ANY NOT DETERMINED. 5.THIS DRAWING IS THE PROPERTY A ACCURATE LAND SURVEYORS,INC.AND SHALL NOT BE USED SEWER OR HIS U SURVEY IN WHOLE OR IN PART WITHOUT WRITTEN E 13 NOT TAU. 6.THIS SURVEY CONSISTS OF A MAP AND TEXT REPORT.ONE IS NOT ERE NiTo BE THE DOER. 7.THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON,TO BE VALID ONE TEMPORARY SURVEY YEAR FROM THE DATE OF SURVEY AS SHOWN. MARKINGS 6.UNDERGROUND UTILITY LOCATIONS WERE PROVIDED BY SUNSHINE ARCHITECT,ENGINEER, CONTRACTOR OR OTHER DESIGN PROFESSIONAL TO FIELD VERIFY ALL LOCATIONS BEFORE DESIGN OR PROPOSED CONSTRUCTION. EXCAVATION 9.PER OWNERS REQUEST ASPHALT NOT LOCATED. CERTIFICATION: ` THIS IS TO CERTIFY THAT I HAVE RECENTLY SURVEYED THE PROPERTY DESCRIBED IN THE FOREGOING CALL CAPTION AND HAVE SET OR FOUND MONUMENTS AS INDICATED ON THIS SKETCH AND THAT SAID ABOVE GROUND SURVEY AND SKETCH ARE ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. FURTHER CERTIFY THAT THIS SURVEY MEETS MINIMUM TECHNICAL STANDARDS UNDER RULE 00 SUNSHINE 5J-17 ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS,JANUARY 11TH,2010. 48 HOURS BEFORE YOU DIG ' A 1"800-432-47701 NOT VA WITHOUT SKr THE MINANRE AND THE ORIGINAL RAISED REVISIONS DATE BY /J SEAL OF A FLORIDA /� �� ICENSEO SURVEYOR REVISE DESCRIPTION 15-09711 03-25-15 MLW !� •Ml61KAPPER/ REVISE DESCRIPTION TO NOT INCLUDE ASPHALT 11-10-14 MLW ROBERT L. THOMPSON (PRESIDENT) UNDERGROUND LOCATIONS 14-3339 10-15-14 MLW PROFESSIONAL SURVEYOR AND MAPPER No.3869—STATE OF FLORIDA DATE OF SURVEY DRAWN BY CHECKED BY' FIELD BOOK SKETCH 07-24-14 AL RLT 14-2331 SCALE 1"=20' NUM6ER SU-14-2331 1150 E. ATLANTIC BLVD. A ACCURATE LAND SURVEYORS, INC. TEL. (954) 782-1441 POMPANO BEACH FLORIDA 33060 L.B. #3635 SHEET 1 OF 2 FAX. (954) 782-1442 TYPE OF SURVEY: BOUNDARY JOB NUMBER: SU-14-2331 14-3339 LEGAL DESCRIPTION: A parcel of land being a portion of the North'/2 of the 50 foot right of way lying Southerly of Lot 7 of LAKE IDA MANOR ADDITION NO. 1,according to the plat thereof,as recorded in Plat Book 24,at Page 201,of the Public Records of Palm Beach County, Florida, being more particularly described as follows; Commence at the Northeast corner of the aforementioned Lot 7,thence South along the East line of the aforementioned Lot 7 also being the West right of way line of Northwest 4th Avenue,a distance of 58.28 feet to the Point of Beginning being the Point of Curvature of a 25 foot radius curve concave Northwesterly;thence along the arc of said curve through a central angle of 90°02'00",for an arc distance of 39.28 feet to the Point of Tangency being located on the South line of the aforementioned Lot 7;thence Westerly along the aforementioned South line,a distance of 115.14 feet to the Southwest corner of the aforementioned Lot 7;thence Southerly through an angle of 89°52'00"in the Southeast quadrant along the Southerly projection of the West line of the aforementioned Lot 7,a distance of 25.00 feet;thence Easterly along a line 25 feet Southerly of and parallel with the Southerly line of the aforementioned Lot 7,a distance of 128.49 feet;thence Northeasterly through an angle of 140 009'52"in the Northwest quadrant,a distance of 15.62 feet to a point on the Southerly projection of the East line of the aforementioned Lot 7;thence Northerly through an angle of 129 048'08"in the Northwest quadrant,a distance of 40.01 feet to the Point of Beginning.Said described parcel containing 3,587 square feet, more or less. ADDRESS: VACANT LOT DELRAY BEACH, FL 33483 FLOOD ZONE: X BASE FLOOD ELEVATION: N/A CONTROL PANEL NUMBER: 125102-0002-D EFFECTIVE: REVISED: 1/5/1989 LOWEST FLOOR ELEVATION: N/A GARAGE FLOOR ELEVATION: N/A LOWEST ADJACENT GRADE : NIA HIGHEST ADJACENT GRADE : NIA REFERENCE BENCH MARK: NIA CERTIFY TO: 1. DONNA PAUL 2. 3. 4. 5. 6. NOTES: 1. THIS SURVEY CONSISTS OF A MAP AND A TEXT REPORT. ONE IS NOT VALID WITHOUT THE OTHER. 2. OWNERSHIP OF FENCE AND WALLS IF ANY, NOT DETERMINED. 3. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON. TO BE VALID ONE YEAR FROM THE DATE OF SURVEY AS SHOWN HEREON. A = CENTRAL ANGLE A = ARCLENGTH 3.0 o LEGEND OF ABBREVIATIONS: PALM BEACH COUNTY N 1 CB = CHORD BEARING 1 1' R = RADIUS OR'H= ELEVATIONS BASED ON NGVD 1929 D.B. = DEED BOOK OUE RNJ = RIGHT OF WAV S0.FT. = SQUARE FEET MAINT. = MAINTENANCE CLF = GWO LINK FENCE A PPOINT OF CURVATURE P.C.P. = PERMANENT CONTROL POINT B.C.R. = BROWARD COUNTY RECORDS WF WOOD FENCC POINTOFTANGENCV P.B.C.R. = PALM BEACH COUNTY RECORDS D.C.R. = DADE COUNTY RECORDS BLVD. = RDULEVARD WITHOUT WM = WATER METER P = PLAI P.B. = PLAT BOOK AD = ASSUMED DATUM RE AND OH = OVERHANG N&D = NAIL&DISC O.R.B. = OFFICIAL RECORDS BOOK LM. = IRDN PIPE L RAISED N = NORTH P.O.C. = POINT OF COMMENCEMENT F.F. = FINISHED FLOOR I.R. = IRON ROD FLORIDA SOUTH P.D.H. = POINT OF BEGINNING ENCH. = ENCROACH GAR. = GARAGE RVEYOR E = EAST AIC = AIR CONDITIONER —X—X—X—X = CHAIN LINK FENCE CIL - CENTERLINE PPER. W = WEST FIND = FOUND LP = MEASURED B.M. = BENCHMARK CHATT. = CHATTAHOOCHEE - METALFENCE LP = LIGHT PULP FIT = FIRE HYDRANT F.P.L. FLORIDA POWER&LIGHT = METAL FENCE U.E. = UTILITY EASEMENT ols = OFFSET ELEV, = ELEVATION = PVC FENCE D.E. = DRAINAGE EASEMENT SEC. = SECTION MH = MANHOLE —II—II—II—II = CONCRETE FENCE AE. e ANCHOR EASEMENT TWP. TOWNSHIP ESMT. EASEMENT = CONCRETE WALL pRM. = PERMANENT REFERENCE MONUMENT RGE. - RANGE ELEC. - ELECTRIC = WIRE FENCE N.G.V.D. - NORTH GEODE TIC VERTICAL DATUM NW 7th St a) Q LO z Gardenia Ter Lake Ter Eldorado Ln Q � a z Sunshine Dr Kings Lynn Q coo z Beverly Dr er (.0 hr a� a) z NW 4th St =� Lake Ida Rd � L d M ARL s d NORTH R-O-W Abandonment Area PLANNING&ZONING ABANDONMENT DEPARTMENT Document Path: S:\Planning &Zoning\DBMS\GIS\Location Maps\502 NW 4th Avenue R-O-W Abandonment.mxd r MEMORANDUM r TO: Mayor and City Commissioners FROM: Ralph Lugo, Plan Reviewer Isaac Kovner, City Engineer Randal Kreicarek, Director of Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: March 16, 2015 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF APRIL 6,2015 HOLD HARMLESS AGREEMENTUM TODO LLC./2645 NORTH FEDERAL HIGHWAY: MEDICAL OFFICE BACKGROUND The subject property 2645 Medical Office is located between Gulfstream Blvd. and Kokomo Key Lane on North Federal Highway. In February 2015,the developer(Seaside Builders) submitted building permit#15-155606 to construct a Medical Building. The address for this building is 2645 N. Federal Highway. The developer is planning to tap the City's 12" water main on N. Federal Highway to install a 2" water service within the Florida Department of Transportation (FDOT) Right-of-Way. As a result, a permit from the FDOT is required. Since the City will be maintaining the 2" water service within that section of Right-of-Way, FDOT requires a signed permit application. The Hold Harmless Agreement provides the City a one year warranty for all work completed within the FDOT Right-of-Way by owner. On March 3, 2015 the owner (JM Todo LLC.) submitted a Hold Harmless Agreement to the Environmental Services Department for processing. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider acceptance of the Hold Harmless Agreement for 2645 N. Federal Highway. TIMING OF THE REQUEST The FDOT permit cannot be submitted until this item is approved. RECOMMENDATION By motion, approve the Hold Harmless Agreement for 2645 N. Federal Highway. Gulfstream Blvd A& NORTH Orr- e ` • o a h .k7l 2 r r F 4 O s 2645 N. • FED. HWY. Akp o r Legend CITY_BOUNDARY_Nov2011 "g 2645 N . FEDERAL HIGHWAY. HOLD HARMLESS AGREEMENT ..`f o—m,—th s E,gCADD,GIS%Plqe«,K,�,,�,,al_o,_Cltl—d HOLD HARMMESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT (Agreement), is entered into this ?6 day of /00°C L , 201-by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and T 44 -ro b0 LL L , (hereinafter referred to as"DEVELOPER"). WITNES SETH: WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS,the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way;and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above,the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER shall at all times hereafter indemnify, hold harmless, and at the CITY'S option, defend or pay for an attorney selected by the City Attorney to defend 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, DEVELOPER, 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, DEVELOPER shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY'S option, pay for an attorney selected by City Attorney to defend CITY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 3. DEVELOPER warrants and guarantees to the CM that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER,shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible 2 for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. DEVELOPER agrees to include the following terms in any contract entered into between DEVELOPER and any contractor selected by DEVELOPER to perform any work required by this Agreement: (i) The contractor agrees to protect, defend, indemnify, and hold harmless the City of Delray Beach, its officers, employees, and agents from and against any and all lawsuits, penalties, damages, settlements, judgments, decrees, costs, charges, and other expenses or liabilities of every kind, including court costs, reasonable attorney's fees,at both the trial and appellate levels in connection with or arising directly out of the work agreed to be performed herein, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of contractor, its employees, servants, agents, and subcontractors. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, is included in the indemnity. Contractor further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at his sole expense and agrees to bear all other costs and expenses related thereto, even if the claim(s) is groundless, false, or fraudulent., and (ii) The parties recognize that various provisions of this agreement, including but not necessarily limited to this Section, provide for indemnification by the contractor and that Section 725.06, Florida Statutes, requires a specific consideration be given thereof. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the 3 services to be provided by contractor. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 6. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County,Florida. 7. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 8. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 9. The CITY hereby reserves the right to enforce this Agreement by pursuing any and all remedies provided by law or in equity. All of the remedies available to the CITY shall be cumulative, and the CITY'S election to pursue any remedy shall not preclude the CITY for then or later pursuing any one or more other remedies. 10. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit"A". 11. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. 4 IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH,FLORIDA By: By: City Clerk Cary Glickstein,Mayor Approved as to Form- By: City Attorney WITNESSES DEVELOPER: 3&I 7"O b 0 L ( c; By: _231:a D„d le (Print Ar Name) (Print or Type N me) zM'A-C' Address: 5Z4�- IedW (Print or Type Name) [,v 5 rrre.„,. GCC Phone: >01- 6 l(.S - 1�-,V STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this y day of A ►2 C 11 , 20±5-by Vl (name of officer or agent, title of officer or agent) of vv, Tc, (name of corporation acknowledging), a 1=Lc)e-, oQ (sta corporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced __(type of i �ntification and did (did not) take an oath. . Sign of Notary Public- CHELSEY GRATTAN State of Florida MY COMMISSION#FF 34561 e,.Fi�o�'. EXPIRES July 9, 2017 r 3 153 FlorldallotaryServlce.com 5 RULE 14-46 STATE OF FLORIDA DEPARTMENT DF TRANSPORTATiON 710..010.85 UTILMES UTILITY PE�MIT OGc-0810 PERMIT NO.: SECTION NO.; STATE ROAD COUNTY FDOT construction Is proposed or underway. ❑ Yes ® No Financial Project ID; Is this work related to an approved Utility Work Schedule? ❑ Yes ® No If yes,Document Number: PERMITTEE: City of Delray Beach ADDRESS: 434 S Swinton Ave TELEPHONE NUMBER: (561)243-7322 CITYI8TATFJZtp: Delray Beach,Florida 33444 The above PERMITTEE requests permission from the State of Florida Department of Transportation,hereinafter called the FDOT,to construct, operate and maintain the following: Water service connections for 2645 N ocean Boulevard from the existing water main In the FDOT rtght-of-way. FRONT: 2645 N Federal Highway,Delray Beach TO:2645 N Federal Highway,Delray Beach Submitted for the PERM ITTEE by: Contact information Name and Company (Typed or Printed Legibly) AddressiTelephonelE•Mall(if applicable) signature Date Brian A.Beckers,Project Manager 298 NE 2nd Ave, Delray Beach,FL 33444 �� Env[roDeslgn Associates,Inc. 5611-274.6500 brian@envdesign.com �. 315115 1. The Permittee declares that prior to filing this application,the location of all existing utilities that it owns or has an interest in,both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on December 11,2014 to the following utilities known to be Involved or potentially Impacted in the area of the proposed installatlon: PL FPU Comoas T 2. The local Maintenance or Resident Engineer,hereafter referred to as the FOOT Engineer,shall be notified a minimum of forty eight(48)hours In advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is located at ,Telephone Number The Permittee's employee responsible for MOT is Telephone Number (This name may be provided at the time of the forty eight(48)hour advance-notice prior to starting work). 3. All work,materials,and equipment shall be subject to inspection and approval by the FDOT Engineer. 4. All plans and Installations shall conform to the requirements of the FDOT's UAM in effect as of the date this permit is approved by FOOT,and shall be made E a part of this permit. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within I days after issuance of permit,and shall be completed within days after the permitted work has begun. If the beginning date is more than sixty(60)days from the date of permit approval,the Permittee must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7, It Is expressly stipulated that this permit Is a license for permissive use only and that the placing of utilities upon public properly pursuant to this permit shall not operate to create or vest any property right in said holder,except as provided In executed subordination and Railroad Utility Agreements. 8, Pursuant to Section 337.403,Florida Statutes,any utility placed upon,under,over,or along any public road or publicly owned rail corridor that is found by FDOT to be unreasonably Interfering In any way with the convenlent,safe,or continuous use,or maintenance,Improvement,extension,or expansion,of such public road or publicly owned rail corridor shall,upon thirty(30)days written notice to the utility or Its agent by FDOT,be removed or relocated by such utility at Its own expense except as provided In section 337,403(1),Florida Statutes,and except for reimbursement rights set forth In previously executed 3 subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility, 9. It Is agreed that In the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work,the Permittee will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's contractor to arrange the sequence ofwork so as not to delay the work of the FDOTs contractor,defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved I schedule,and shall comply with all provisions of the law and the FDOTs current UAM. The Pemmlttee shall not be responsible for delay beyond Its control. 10. In the case of non-compliance with the FDOT's requirements In effect as of the date this permit is approved,this permit Is void and the facility will have to be brought Into compliance or removed from the RAN at no cost to the FDOT,except for reimbursement rights set forth in previouslyexecuted subordination and Railroad Utility Agreements. This provlsion shall not limit the authority of the FDOT under Paragraph 8 of this Permit. I 11. If Is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right,title and Interest In the land to be i entered upon and used by the Permittee,and the Permittee will,at all times,and to the extent permitted by law,assume an risk of and indemnify,defend, and save harmles$the State of Florida and the FDOT from and against any and all loss,damage,cost or expense arising in any manner on account of the exercise or attempted exercises by said Permfttee of the aforesaid rights and privileges. ! 12, 'During construction,all safety regulations of the FDOT shall be observed and the Permlttee must take measures,including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the f=ederal MUTCD,as amended by the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service,the Permittee,by execution of this permit acknowledges Its present j and continuing ownership of its utilities located between 2_6_45 N Federal Higbway. and 2645 N Federal Highway within the FDOT's RAN as set forth above. Whenever the Permittee removes Its facilities, It shall be at the Permittee's sole cost and expense. The Permlttee,at Its sole expense,shall promptly remove said out of service utilities whenever the FDOT determines said removal is In the public Interest. 14: In the event contaminated soil is encountered by the Permittee or anyone within the permitted construction limits,the Permlttee shall immediately ceasework and notify the FOOT. The FDOT shall notify the Permttee.of any suspension or revocation of the permit to allow contamination assessment and remedlatian. Said suspension or revocation shall remain In effect until otherwise notified by FDOT 15; For any excavation,construction,maintenance,or support activities performed by or on behalf ofthe FDOT,within its RIW,the Permittee may be required by the FDOT or its abents to perform the following activities w€th respect to a Permittee's facilities:physically expose or direct exposure of underground facllitles, provide any necessary support to facilities and/or cover,do-energize or alter aerial facilities as deemed necessary for protection and safety. Page 1 of 2 RULE 14-10 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-86 UTILITY PERMIT O Cr-L48110 16. Pursuant to Section 337,401(2),Florida Statutes,the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FOOT may Initiate injunctive proceedings as provided in sA 20.69 to enforce provisions of this subsection or any rule or order Issued or entered Into pursuant thereto. 117. Pursuant to Section 337.402, Florida Statutes,when any public road or publicly owned rail corridor is damaged or Impaired in any way because'of the Installation,inspection,or repair of a utility]coated on such road or publicly owned rail corridor,the owner of the utility shall,at his or her own expense, restore the road or publicly owned rail corridor to Its original condition before such damage. If the owner falls to make such restoration,the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404. 18. The Permittee shall comply with all provisions of Chapter 656,Florida Statutes,Underground Facilities Damage Prevention and Safety Act, 19. Special FDOT instructions: It Is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special Instructions. 20. By receipt of this permit,the Permittee acknowledges responsibility to comply with Section 119,07,Florida Statutes. 21. By the below signature,the Permittee hereby represents that no change to the FDOT's standard Utility Permit form,as Incorporated by reference into Rule 14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FOOT(and signified to by checking the appropriate box below)by a separate attached written document showing all changes and the written and dated approval ofthe FDOT Engineer, Are there attachments reflecting changels to the standard form? ❑NO ❑YES If Yes, pages are attached. PERMITTEE ?,O�t\�v� �(�( C�k CtiC of GHvtRav\ �319NATURE DATE: Name&Title of Authorized Permitter or Agent (Typed or Printed Legibly) APPROVED BY: I ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIF=ICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: i INSPECTED BY: (Permittee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee 1 the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with the approved plans made apart of this permit and in accordance with the FDOT's current UAM, All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left In as good or better condition than when the work was begun. I PERMITTEE: SIGNATURE.- DATE: Name&Title of Authorized Permitter or Agent (Typed or Printed Legibly) CC: District Permit Office Pe"Iftee i Page 2 of 2 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 26, 2015 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF APRIL 6,2015 AMENDED AND RESTATED LANDSCAPE MAINTENANCE AGREEMENT/F.P.DINO& ASSOCIATES,INC. BACKGROUND This is an Amended and Restated Landscape Maintenance Agreement. The original agreement was executed on September 1, 2006. The amended and restated agreement incorporates additional areas that are to be maintained to the City's benefit. F.P. Dino & Associates, Inc. is the Owner/Developer of a townhouse development named Tropic Cay, located along Frederick Blvd. Tropic Cay initially received site plan approval in 2006, and the original Landscape Maintenance Agreement was executed in relation to that site plan approval. Pursuant to the agreement, the City agreed to allow the installation of landscaping, irrigation, and lighting within the City's right-of-way adjacent to the development, and the developer agreed that it (and subsequently the Tropic Cay Homeowner's Association) would be perpetually responsible for the maintenance of the additions, including water utility bills and electric bills. The additions would improve the appearance of that portion of the City's right-of-way on Frederick Blvd. which is adjacent to the development. The project did not proceed at that time, and the site plan approval expired. The Developer resubmitted its proposal and received Site Plan Certification in October 2014, and building permits in November 2014. During permit review one of the issues identified by City staff was maintenance of catch basins and drainage lines within the City's right-of-way on Frederick Blvd., around the area of the original Landscape Maintenance Agreement, as the City does not maintain private drainage. However, this system will be receiving flow from both private development and City streets. The Developer agreed to maintain the portion of the drainage system within the right-of-way and suggested an amendment to the existing Landscape Maintenance Agreement. The Amended and Restated Landscape Maintenance Agreement includes the drainage systems and catch basins within the Landscape Maintenance Area. Several other minor revisions bring the agreement in conformity with that change. A finalized version of the Amended and Restated Landscape Maintenance Agreement is included as backup to this memorandum. Attachments: Exhibit A- Location Map Exhibit B - Amended and Restated Landscape Maintenance Agreement(3-2015) DISCUSSION Approval of the Amended and Restated Landscape Maintenance Agreement to incorporate maintenance of portion of the drainage facilities located in the City's Right-of-Way and previously approved Landscaped Maintenance Area. TIMING OF THE REQUEST Critical, Developer anticipates Certificate of Occupancy to be issued by end of April 2015. RECOMMENDATION Staff supports approval of amended agreement. MOW 1 inch=1 0 fe t C 7' ML !c t. Ave F f 3 2601-2617 0 L N Ave G i 4 'TI Lamat Ave (W- \ TROPIC CAY TOWNHOMES � � 2601 -2617 FREDERICK BLVD.oo,�,en,la,h s lEn9GADD,G S,P,oje.,=,K,.=n.�.,a of C,ty—d Prepared by:RETURN; Noel Pfeffer,Esq, City Attorney's Office 200 NW 1 st Avenue Delray Beach.FL 33444 AMENDED AND RESTATED LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this` day of , 201 __ by and between the City of Delray Beach, Florida ("City") and F.P. Dino & Associates, Inc., a Florida corporation("Owner"). WITNESSETH: WHEREAS, the City has jurisdiction of the public right-of-way for Frederick Boulevard; and WHEREAS, F.P. Dino & Associates, Inc., the Owner/Developer of Tropic Cay, a townhouse development, desired to improve the appearance of a portion of the City right-of-way adjacent to their development as represented as Tract `A' in attachment `Exhibit A', including the drainage system and catch basins contained therein which are more specifically depleted within the Landscape Plan attached as `Exhibit B' (tire entire area described above is hereinafter referred to as the"Landscape Maintenance Area"); and WHEREAS, the installation of landscaping to buffer Frederick Boulevard, to beautify and to improve the appearance of the surrounding streetscape was to the primary benefit of Tropic Cay; and WHEREAS, the City agreed to allow the installation of drainage facilities, irrigation, landscaping and lighting within the Landscape Maintenance Area, with the understanding that the developer and the subsequent Tropic Cay Homeowner's Association would be perpetually responsible for the maintenance of the drainage facilities, irrigation, landscaping, and lighting including the water utility bills and electric bills; and WHEREAS, the Site and Landscape Plan for Tropic Cay includes and identifies landscaping within the right-of-way of Frederick Boulevard as part of the approved and `Certified' Site Plan; and WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of that portion of the public right-of-way of Frederick Boulevard; and WHEREAS, the Parties hereto 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. F.F. Dino & Associates, or their successor or assigns, shall perform all conditions as required by the City as necessary for the installation and maintenance of all drainage facilities, irrigation. landscaping and lighting located within the right-of-way of Frederick Boulevard, as depleted on the Site Plan and Landscape Plans approved for Tropic Cay and as located in the City's Planning and Zoning Department. 3. The Owner shall be responsible for purchasing and installing all drainage facilities, landscaping, irrigation and lighting materials required by the approved landscape plans. 4. Landscaping shall be maintained in good condition. Maintenance shall include litter and debris removal, mowing, edging, weeding, mulching, fertilization, insect and disease control, tree trimming, proper watering and operation of the irrigation system and all maintenance required for the light poles and fixtures. 5. Maintenance shall also include drainage facilities and pruning any plant materials that 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 and replacing those that fall below original project standards. All plants removed for whatever reason shall be removed and replaced by plants of the same grade and size as specified in the original plans. 6. The Owner and its successors or assigns shall maintain the above described landscaped area designated as the Landscape Maintenance Area. 7. If at any time after the execution of this Agreement by F.P. Dino & Associates, Inc., its successors or assigns, or subsequent individual property owners, it shall come to the attention of the city that the drainage facilities and landscaping is not 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 written notice to the Owner at the address provided below, or as it may be amended. Thereafter, the Owner shall have a period of thirty (30) calendar days within which to correct the cited language, drainage facilities, irrigation or lighting deficiencies. If said deficiencies are not corrected within this time period, the City may at its option proceed as follows: (a) Contract to provide for the maintenance of the drainage facilities, landscaping, irrigation or lighting or part thereof, and invoice the Owner for expenses incurred. (b) Process drainage facilities, landscape and/or irrigation maintenance violation through the City's Code Enforcement Board. (c) Remove the drainage facilities, landscaping, irrigation or lighting material from the right-of-way and invoice the Owner for expenses incurred. 8. At all times hereto, the Owner shall own and maintain all drainage facilities, landscaping installed in the Landscape Maintenance Area. These plant materials consist predominantly of Sabal Palms, Mahogany Trees, a Ficus hedge and under story plantings as depicted on the landscape plan prepared, signed and sealed by Dan Carter, Florida registered Landscape Architect#831. 9. If for any reason the City decides that it needs the right-of-way of Frederick Boulevard, the Owner shall be given thirty (30) days notice to remove drainage facilities, landscaping, irrigation and lighting. After that time, the City shall have the right to remove any and all materials without compensation to the Owner. 10. The Owner shall at all times hereafter indemnify, held harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend 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, negligent, or reckless act of, or omission of, the fawner, 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, the Owner shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due the Owner under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 11. 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 subject matter are merged into this Agreement, which alone fully and completely expresses their understanding. 12. 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. 13. Notice shall be provided as follows: As to City: As to Owner: City Manager F.P. Dino & Associates, Inc. City of Delray Beach For Tropic Cay 100 NW 1 st Avenue 2234 N Federal Highway Delray Beach, FL 33444 Suite 470 561-243-7000 Boca Ratan, FL 33431 561-278-2785 Each party must provide the other party with notice of change of address. 14. Prior to assignment of this Agreement, the assignment must be approved by the City Manager of Delray Beach, which approval will not be unreasonably withheld. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on their behalf this day of , 201 ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to legal form: City Attorney (REMAINDER OF PAGE INTENTIONALLY LEFT BLAND.) FITNESS: UWN :�''"-"�• F.P. Din-o&Assn iates, Inc. Print or Type Name) By: Aj�, ; Its: (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ' 'da y of 201 J--, by /_k _ _ as p (name of officer or agent, title of officer or agent), of F.P. Dino & Associates, Inc., a Florida corporation, on behalf of the corporation. fie/She is ersonally known o me or has provided ._ (type of identification) as identification. . r Jeremiah H C ,+ 1COMR116SION#E�15792s Signature of Pers ak cknowledgement y � EXFJRE :JAN.ne �+r aF�ix�` W1YlY.AAR{1IV�Y(nAR �t cC..' Name Typed, Printed or Stamped Y 1 r •r�I� E a�m.•rli. r,' '�+r i ��'-__'A_. _ r, � � � �� T dl� S� ��I i• /' �V, r t Yife'. 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Cooper, City Manager DATE: March 14, 2015 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF APRIL 6,2015 RATIFICATION OF EMERGENCY CHANGE ORDERMINTERLAND GROUP INC,/DOTTEREL ROAD SEWER REPAIRS BACKGROUND Request City Commission to ratify approval of an emergency Change Order in the amount of $25,940.00 to Hinterland Group, Inc. for sanitary sewer repairs along Dotterel Road. On October 21, 2014, City Commission approved an award to Hinterland Group, Inc. in the amount of $51,400 for performing sanitary sewer repairs along Dotterel Rd, west of Lindell Blvd, utilizing a contract Hinterland Group, Inc. has with Palm Beach County. The original scope of work consisted of replacing one manhole structure and replacing approximately 20 if of sewer main along Dotterel Road. During the performance of work, it was discovered that another manhole had settled (MH #44). Further investigation revealed it to be deteriorated beyond repair and needed replacement. Utilizing pricing under the active Palm Beach County contract, Hinterland Group, Inc. submitted a proposal for the replacement of the manhole in the amount of $25,940.00. With contractor's resources mobilized and the site excavated, staff requested authorization from the City Manager to proceed with the additional manhole replacement on an emergency basis, as further settlement would have created an unsafe condition, or collapse of connecting pipes which could have created a sewage spill condition as well as a public health and safety condition. This addition was still within the original scope of work. The City Manager granted approval on March 11, 2015. Pricing was per the active contract between Hinterland Group, Inc. and Palm Beach County for "Continuing Contract for Wastewater Gravity Lines and Manhole Rehabilitation", contract #WUD 12- 063. The scope of work consisted of an additional manhole replacement and associated roadway restorations in the total amount of$25,940. That contract is active through April 15, 2015. The request to proceed on an emergency basis was per Code of Ordinances, Chapter 36, Section 36.02 (C)(5). The method of acquisition for services under this recommendation is in accordance with Code Ordinance Section 36.02 (C)(7),"Utilization of other government entities' contracts". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Recommendation for City Commission to ratify the approval of a Change Order to Hinterland Group, Inc. for an additional manhole replacement along Dotterel Road as an Emergency Acquisition meeting the Code of Ordinances, Chapter 36, Section 36.02 (C)(5), and approve retroactive, the cost of the emergency Change Order in the amount of $25,940.00 to Hinterland Group, Inc. for sanitary sewer repairs along Dotterel Road, utilizing pricing under an active contract with Palm Beach County, Florida, per Code of Ordinances, Chapter 36, Section 36.02 (C)(7),"Utilization of Other Governmental Entities' Contracts". TIMING OF THE REQUEST The approval of this item is of high importance, as all work and associated site restoration is complete, with final payment to the contractor outstanding. FUNDING SOURCE Funding is available from 442-5178-536-46.24, Repair and Maintenance Service/Sewer Mains, after a budget transfer. RECOMMENDATION By motion, ratification of the approval of a Change Order to Hinterland Group, Inc. for an additional manhole replacement along Dotterel Road as an Emergency Acquisition per the Code of Ordinances, Chapter 36, Section 36.02 (C)(5), and approve retroactive, the cost of the emergency Change Order in the amount of 25,940.00 to Hinterland Group, Inc. for sanitary sewer repairs along Dotterel Road, utilizing pricing under an active contract with Palm Beach County, Florida, per Code of Ordinances, Chapter 36, Section 36.02 (C)(7),"Utilization of Other Governmental Entities' Contracts". HiH-i "ERL4nA," E:> CROUP INC: em4simmimni ca Corq-rRAG'T'ckR PROPOSAL Project Name:Manhole 44 Replacement Project Owner: City of Delray Beach Project No.:N/A Date: 3/9/2015 Requested By: Owner—Scott Solomon Reason for Request: Existing manhole has sunk approximately 4" Proposal Scope of Work: 1. Remove and replace existing 4' diameter manhole with coal tar epoxy coating inside and out and new ring and cover,install bench and invert in the new manhole, remove and replace influent and effluent pipe up to 20' each direction,bypass pumping as needed, and full restoration of the roadway and surrounding area_ Work will be completed as an emergency. Pricing Per Palm Beach County Contract WUD 12-063: Bid Item Description Unit Units Qty Extended Price No. Price 8 Point Repair(Open Trench), 10"through $265.00 LF 20 $5,300.00 12" Gravity Pie(6'to 7.9' deep) 41 Bypass Pumping 12"through 16"Force $1,100.00 Day 2 $2,200.00 Main 73 Replace Sewer Manhole Ring and Cover $800.00 Ea 1 $800.00 (in street pavement) 77 Install New Standard Precast Concrete $8,700.00 Ea 1 $8,700.00 Sewer Manhole(4-ft Diam. 6' to 7.9'feet deep) 89 Demolition/Removal&Disposal Existing $5,000.00 Ea 1 $5,000.00 Sewer Manhole 91 Install Coating to Sewer Manhole(4-ft $190.00 VF 6 $1,140.00 Diam.Precast Concrete Manhole) 93 Asphalt Driveway Replacement $40.00 SY 50 $2,000.00 (Restoration) 95 Asphalt Pavement Removal $12.00 SY 50 $600.00 103 Sod Replacement(St.Augustine,Bahia $4.00 SY 50 $200.00 or Bermuda) Total I I I 1 1 $25,940.00 Proposal Prepared By: Chase Rogers Date: 3/9/2015 Owner Approval: Printed: Date: 5401 N. HAVERHIL L ROAD, UNIT 1149 WEST PALM BEACH, FLORIDA 33407 5614403503 OF'F'ICE 32i 633.7067 FAX CGC 1520354 CUC 1224634 CBC 1255077 EC 13003615 Majtenyi, Victor From: Krejcarek, Randal Sent: Wednesday, March 11, 2015 9.22 AM To: Majtenyi, Victor Subject: FW Sanitary Sewer failure FYI Randal L. Krejcarek, P.E. LEED AP, GISP Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 kreicarek(@MyDe1rayBeach.com i 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: Cooper, Donald Sent: Wednesday, March 11, 2015 8:55 AM To: Krejcarek, Randal Subject: RE: Sanitary Sewer failure yes From: Krejcarek, Randal Sent: Wednesday, March 11, 2015 8;44 AM To: Cooper, Donald Cc: Majtenyi, Victor Subject: FW: Sanitary Sewer failure Mr, Cooper, At the time ESD was seeking approval for the original work, there was no issue with MH #44. After digging up the pipe, as noted below, it was discovered that MH #44 needed to be replaced. The cost of replacing MH #44 will utilize PBCo contract prices as originally approved by Commission. May we proceed and take this item to Commission as an emergency repair item? Randal L. Krejcarek, P.E. LEED AP, GISP Delray Beach, FL Ph: 561.243.7322 Fx: 561.243.7060 krejcarek((DMyDelrayBeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, � employees, or the general public regarding city business are public records available to the public and media upon request. Your e- mail communications may therefore be subject to public disclosure. J. From: Majtenyi, Victor Sent: Monday, March 09, 2015 5:23 PM To: Krejcarek, Randal Cc: Solomon, Scott Subject: Sanitary Sewer failure Randal, On October 21, 2014, the City Commission approved an award to Hinterland Group, Inc.for sanitary sewer utility related work on Dotterel Road. Specifically, the scope of work consisted of replacing one manhole structure and replacing approximately 201f of sewer main. Utilizing a current contract that Hinterland Group, Inc. has with Palm Beach County and associated contract pricing, the value of work was estimated at$51,400. http: endas.mydelraybeach.com/ItemAttachments.aspx?itemid=8466&meetin ig d=536 The contractor is presently on site and performing the work; all equipment, well points, and MOT is deployed. Unfortunately, it was discovered that another manhole had settled (MH 4#44). Further investigation revealed it is deteriorated beyond repair and needs replacement. Utilizing pricing under the Palm Beach County contract, Hinterland Group has submitted a proposal for the replacement of the manhole in the amount of$25,940.00. Since work is underway, I respectfully request authorization from the City Manager to proceed with this work on an emergency basis, and to seek after the fact approval from City Commission at the next available Commission meeting. This request would be under Code of Ord. Section 36.02 (C) (5). Thanks, Vic Victor Majtenyi Deputy Director of Public Utilities 434 South Swinton Avenue Delray Beach, Florida 33444 561-243-7328 maitenyi@ mydelraybeach.corn EPA 6. Water Sense PARTNER 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. 2 119"O'o 11 HINTERLAND GROUP, INC. 5401 N. Haverhill Rd. Unit 114 West Palm Beach, FL 33407 Phone: 561-640-3503 Fax: 561-640-3504 September 26, 2014 Scott Solomon Manager of Water and Sewer Network City of Delray Beach 434 S. Swinton Avenue Delray Beach,FL33444 RE: Manhole #42 and#44 Repair and Replacement Scott, The Hinterland Group,Inc. hereby certifies that the pricing used to quote the subject scope of work was extracted directly from the contract agreement Number WUD 12-063 between Hinterland Group,Inc. and Palm Beach County Water Utilities Department, and is in fact the best contract pricing available from Hinterland Group,Inc.to perform the specified work in the State of Florida. If you have any questions please feel free to contact me. Sincerely, &am Ra" Chase Rogers Project Manager Hinterland Group,Inc. Mobile #: 561-543-9680 Email: Crogerskhinterlandgroup.com . t 2014- 0520 CONTRACT " THIS CONTRACT, made and entered into this day of APR 2V 0-, between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and rat, hereinafter referred to as the "CONTRACTOR". WITNESSETH: That the said Contractor having been awarded the contract for the: Continuing Contract For Wastewater Gravity Lines & Manhole Rehabilitation Project No.: WUD 12-063 in accordance with the Bid therefore and for and in consideration of the promises and of the covenants and agreements, and of the payments herein specified, to be made and performed by the Contractor and the County, the Contractor hereby covenants and agrees to and with the County to undertake and execute all of the said named work, in a good, substantial and workmanlike manner, and to furnish and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete all work in accordance with all requirements of the Contract Documents and in accordance with all Federal, State, and local laws, rules, and regulations, within the time limit specified in the Bid Form. The Contract Documents consist of the following documents which are incorporated herein by reference. A - Invitation to Bid, Instructions to Bidders, Bid Form and Attachments 1 through 5. B - Completed Bond and Guarantees. C - General Conditions. ID - Supplemental Conditions. E - Special Conditions (Not Used). F - Technical Specifications dated 12-16-13 . G - Addenda. H - Drawings dated_ NA Contractor agrees to accept as full compensation for the satisfactory performance of this Contract the sum of $� 113-31, , 5� ^ _, The prices named in the Bid are for the completed work and all expense, direct or indirect, connected with the proper execution of the work of each Work Authorization and of maintaining the same until it is accepted by the Board of County Commissioners. It Is understood that the Contractor holds and will maintain current appropriate certification and/or license for the purpose of performing the specified work pursuant to this Contract. The time limit for the Substantial Completion of all work under this contract shall be as stated in the Bid Form. The date fixing the beginning of this period upon the calendar shall be established and stated in the Notice to Proceed. The Contract is for an 1.0 year term (and any additional time needed to complete issued Work Authorizations). The amount shown above is the maximum amount for all Work Authorizations which PROJECT NO.: wUD 12.083 CONTRACT-1 Rev 10-5-12 may be issued under this Contract. The County has no obligation to issue any Work Authorizations thereunder, IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida, has made and executed this Contract on behalf of the said County and caused the seal of the said County to be affixed hereto, and the Contractor has hereunto set his hand and seal the day and year written. The Contractor represents that it is authorized to execute �bi contract on be"1 ll4 pf itself and its �t .L( Surety. x U ? R 5 ATTEST 1,�1 ,Y C"''��, PALM BEACH COUNTY, FLORIDA, A PP SHARON R. Political Subdivision of the State of Florida Ct_ERK f N N T k I �J� BOARD OF COUNTY COMMISSIONERS C?i QG ' B y n,�0 +11\.x"`.. -= Priscilla A. Taylor, Mayor APPROVEb AS TO FORM AND LEGAL APPROVED AS TO TERMS AND 'CIENg( CONDITIONS ji s ta n o kitty A W,�eq� BevinW `Beaudet, P.E.-Director Water Utilities Department 'CONTRACTOR' (Corporate Name) a Al 0yq-z-h4 __ corporation An ness gnakure) (insert state of corporation) (witness name printed) `signatory) (witness signature) U (print signatory's name) (witness name printed) (print title) 20_� (Corporate Seal) (date of execution) (Contractor's Official Address) W"�o-e4c,41 (Contractor's City, State, Zip Code) END OF SECTION PROJECT NQ.: WUD 12.083 CONTRACT-2 Rev 10-5 12 a 4 0 o n o a o ca c-� ra p _ o a a p q p a o o p o a o °a, o o p o �s Q P O O V O O Ci C? 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Q •i} 1 00 U G U R w V co U 4 N a G C d Q a V1 N 6 TC �3 N v C {d W Z 6 v y01. 0q u I 7 'F' a+ Y W d ° � �, � � � z ti Z] b Q C a Cl M C- K ro VI -u U C cl „ di V v a ri N u CH > a Vl 3 LL- b E N y-� �' � � � -O N 'V O p •O N H O v > h x a E a v ` 14 E'. c 3 w ed 0 F w U +� O V G v W O C U i fx o c is o f -o o 0 n y m m a s p 0 G7 (I] f/S N N tit ta C CO -�A y 9 a rn I j � w -I-- -- a 41 o a a o a o a }s G p a LC 3 n o n o N t! v o a p }- V V pG ,.gym p 41 f' • MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Randal Krejcarek, P.E., Director of Environmental Services Department THROUGH: Terry Stewart, Interim City Manager DATE: September 29, 2014 SUBJECT. AGENDA ITEM 9.C. -Regular Commission Meeting OF October 21, 2014 Contract Award/Hinterland Group, Inc Background Consider an award to Hinterland Group, Inc. in the amount of$51,400 for performing sanitary sewer repairs on Dotterel Road, utilizing a contract Hinterland Group, inc. has with Palm Beach County. During routine sewer main inspection worts. Water/Sewer Network Division crews discovered a sinking manhole condition on Dotterel Road, west of Lindell Bivd. Further investigation revealed a deteriorating manhole, as well as a collapsing sewer main pipe on the next upstream pipe segment. Utilizing pricing per an active contract with Palm Beach County for "Continuing Contract for Wastewater Gravity Lines and Manhole Rehabilitation", contract #WUD 12-063, Hinterland Group, Inc. provided quotes to perform the necessary utility repairs and associated roadway restorations in the total amount of$51,400. The contract is active through April 15, 2015. The method of acquisition for services under this award recommendation is in accordance with the Purchasing Code, Chapter 36, Section 36.02(C)(7),"Utilization of Other Governmental Entities'Contracts". Discussion The item before the City Commission is to approve an award in the amount of$51,400 to Hinterland Group, Inc. utilizing pricing under an active contract with Palm Beach County, Florida (contract#WUD 12-063)for sewer repairs on Dotterel Road. Timing of the Request The approval of this item is of high importance so that repairs can be performed to mitigate deteriorating conditions. Funding Source Funding is available from 441-5178-536.46.24(Repair and Maintenance Service/Sewer Mains), after a budget transfer. Recommendation By motion, approve the contract award in the amount of$51,400 to Hinterland Group, Inc. for performing sanitary sewer repairs on Dotterel Road, utilizing an active contract per Palm Beach County, Florida. Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above ✓ (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract Palm Beach County (10) Resale � Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Emergency change order utilizing pricing from Palm Beach County contract approved by Delray Beach City Commission on October 21, 2014. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 4, 2015 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF APRIL 6,2015 DRAINAGE EASEMENT DEEDS/PALM TRAIL ENCLAVE,LLC/PALM TRAIL LOT B,LLC. BACKGROUND Request acceptance of a 6-foot drainage easement from 1745 Palm Trail (Palm Trail Enclave, LLC) and a 6-foot drainage easement from 1785 Palm Trail (Palm Trail Lot B, LLC) . Palm Trail North has been subject to roadway flooding during periods of rainfall and especially in hurricane season. The flooding of the roadway poses a potential safety and driving hazard for those residents who travel on Palm Trail North. In efforts to mitigate the potential of future flooding on the roadway, Environmental Services Department (ESD) designed a storm water system to convey the rainwater to the Intracoastal Waterway, the closest discharge location. The east-west segment of the design (approximately 200' of 24" - HDPE drainage pipe) shall be installed in a 12 - foot drainage easement located between both properties (1745 and 1785 Palm Trail North). The public purpose benefit to the City allows for the proper drainage of Palm Trail North and the potential to mitigate the flooding conditions currently being experienced on the roadway. Attachments: 1) Easement Deed for 1745 Palm Trail (Lot C); Palm Trail Enclave, LLC. 2) Easement Deed for 1785 Palm Trail (Lot B); Palm Trail Lot B, LLC. DISCUSSION Consider acceptance of a 6-foot drainage easement from 1745 Palm Trail (Palm Trail Enclave, LLC) and a 6-foot drainage easement from 1785 Palm Trail (Palm Trail Lot B, LLC) . TIMING OF THE REQUEST Timing of this request is of high importance to avoid delays in the owners estimated construction completion date of September 2015. FUNDING SOURCE RECOMMENDATION By motion, accept a 6-foot drainage easement from 1745 Palm Trail (Palm Trail Enclave, LLC) and a 6-foot drainage easement from 1785 Palm Trail (Palm Trail Lot B, LLC). Prepared by: RETURN: City Attorneys Office 200 N.W. 1 st Avenue Delray Beach,Florida 3344-4 EASEMENT DEED THIS INDENTURE, made this ?(_ day of � L-r L , 2015, by and between Palm Trail Enclave, LLC, a Florida limited liability company, with a mailing address of 290 SE 61 Avenue, Delray Beach, FL 33483 (Grantor), 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,(Grantee): WITNESSETH: That the Grantor, 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 Grantee, its successors and assigns, a perpetual easement for the purpose of the construction and maintenance of public ufility drainage facilities with f3.ill and free right, liberty, and authority to enter upon and to install, operate, and maintain such facilities under, across, through and upon, over,under, or within the following described property located in Palm Beach County,Florida,to-wit: DESCRIPTION See Exhibit "A" (Easement Area) Concomitant and coextensive with this right is the further right in the Grantee, its successors and assigns, of ingress and egress over and on that portion of land described above, to affect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. The Grantor is permitted and authorized to make only the improvements as specifically shown on Exhibit "B". Grantor further agrees that it is prohibited from erecting any building or affecting any other kind of construction or improvements upon the above-described property without prior written consent of the Grantee. Notwithstanding anything herein to the contrary, installation of a root barrier is required where trees are installed five (5) feet or less from an underground utility pipe. The Grantee shall have the right to remove any permanent or temporary structure in order to access the easement for maintenance or repair of the public utility drainage facilities. The Grantee shall not be responsible for repairing or replacing any structures damaged or destroyed while accessing the easement for maintenance or repair of the utilities; the Grantee shall be only responsible for restoring the affected area to grade with sod. Grantor does hereby fully warrant the tide 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. Where the context of this Easement Deed allows or permits,the same shall include the successors or assigns of the parties. All the right, title, and interest in and to the property and to the improvements thereon, shall revert to and revest in Grantor, or his or her heirs and assigns., as fully and completely as if this instrument has not been executed if the Grantee does not install the connecting public utility drainage facilities in the adjacent right-of-way within 60 months from the date of execution of this Deed.. This reversionary interest will automatically extinguish upon. Grantee's completion of the connecting public utility drainage facilities in the adjacent public right-of-Sway. LET WITNESS WHEREOF,the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS 41: GRANTOR BT. /1,/)7/1,/1;T v r - Print Narne: Y7< ,_t .: (name printed or typed) (address) P,I l�ti , TC r; (name printed or typed) STATE OF COUNTY OF '1 The foregoing instrument was acknowledged before me this day of 20 by as (Warne 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. Ho/She is personally known to me or has produced (type of identifica4on) as ide.ntifilcJa�tion. Sig6t6re of Notary Public—S-the of Florida 4AMELA D,VVILLIAMS commission#EE 87 12 2017 e�ruar} $ondnd Thru TicY Fein lnsusns9000�85"70t9 EXHIBIT A SKETCH OF DESCRIPTION EXHIBIT 'A SHEET 7 OF 1 W L 0 T 8 RTH L#C LOT c 2W.X g 2 qK PROPOSOJ �h L 0 T C CIS OESCT10Ywt NOTES: Tff NORTH 60 FEET OF LOT C, Tf BS fS hUT A SLRVEY SWW htL, ACCT TO Tl-E PLAT ThETEOF AS RECUiYa IV Tl E NORTH LAE OF LOT C 53 PLAT 300K 2Z PACE 54 PLWC ASSLME] TO BEAR N90000`flCl RECCES OF PALM BE4CH CaNTY, FLORDA. PAU D. LPD-E SbRVEYOR& MAPPER NO 5703 aATE MARCH E6, 2015 OBREN,, SUS & 05RA5Y, m- CERTF70A TE OF AUTHD ZA TION#LEJ53 SUI?VEYOR AfC MAPPOR IN }� 'OfJS1BLE GHARGE. 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Broad and Cassel One North Clematis Street Suite 540 West Palm Beach, Florida 33401 PCN: 12-43-46-09-15-001-0270 THIS SPACE RESERVED FOR RECORDING JOINDER AND CONSENT TO EASEMENT DEED SEACOAST NATIONAL BANK, a national banking association, organized and existing under the laws of the United States of America, and authorized to do business in the State of Florida whose mailing address is 815 Colorado Avenue, Stuart, Florida 34994, being the "Lender" under that certain Construction Mortgage dated November 25, 2014 and recorded on December 1, 2014 in Official Records Book 27188, Page 684 of the Public Records of Palm Beach County, Florida, made by PALM TRAIL ENCLAVE, LLC, a Florida limited liability company ("Palm Trail"), in favor of Lender (the "MortlZalle"), does hereby consent to that certain easement over and across that certain real property as more particularly described in the attached Exhibit "A" (the "Easement Area") in accordance with the terms and conditions of that certain Easement Deed dated March 26, 2015 and to be recorded in the Public Records of Palm Beach County, Florida by and between the CITY OF DELRAY BEACH (the "City") and Palm Trail (the "Easement") and agrees that the Mortgage is hereby subject and subordinate to the said Easement. In the event of foreclosure of the Mortgage (whether judicially, by exercise of private power of sale or otherwise) or in the event Lender or its successor takes title to the property conveyed by the Mortgage by way of deed in lieu of foreclosure, the Easement Area and the rights, privileges and agreements of the parties under the Easement shall not be disturbed or impaired. Nothing herein contained shall be deemed or construed to effectuate any subordination of the Mortgage or the rights of Lender thereunder to any other matters or to affect the priority of the liens created by the Mortgage in any respect relative to any other matters placed of record subsequent to the execution and recordation of the Mortgage. It is further understood and agreed that in the event the Easement Area (or any portion thereof) is abandoned by the City and ceases to be used for the purposes described in the Easement, then Lender's subordination of the Mortgage to the Easement shall automatically terminate in and to the Easement Area and the Easement (but only as to such abandoned portion thereof) and the Mortgage shall remain a first priority lien on the Easement Area (but only as to I Broad and Cassel 4849-8799-798b,I 47282/0009 03130/2015 such abandoned portion thereof) as if the Mortgage was never subordinated to the lien of the Easement(but only as to such abandoned portion thereof). The Lender makes no warranty or representation of any kind or nature concerning the Easement Area and/or the Easement or any of its terms or provisions or the legal sufficiency thereof, and disavows any.such warranty or representation and does not assume and shall not be responsible for any of the obligations or liabilities of the parties with respect to the Easement Area as may be contained in the Easement. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed the day of March, 2015. Signed, sealed and delivered SEACOAST NATIONAL BANK, a national in the presence of: banking association By: si y Print Name: ,'' F; .- - ;' Fred Roxas, Vice President r P ntName: STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this 3o-T4 day of March, 2015, by Fred Roxas, as a Vice President of SEACOAST NATIONAL BANK, a national banking association, on behalf of the banking association and who is personally known to me, or has produced as identification. Notary: t� LL4 ,A�k� Print Name: �R Try i<u N [NOTARIAL SEAL] Notary Public, State of Florida CORLETTE M KUHNS Notary Public-State of Florida i My Comm.Expires Feb 9,2016 Commission 4 EF 168266 rsuN� 2 Broad and Cassel 4849-8799-7986.1 4726210009 03/3012015 EXHIBIT "A" EASEMENT AREA ",A'r SKETCH OF DESCRIP TION EXHBIT 'A" SHEET I OF 1 L 0 T B nc9a°oD'oD'F NORTH Ul LOT C 200.00' Q e 20a O0' PROPOSED 122 N.90°tlOD0 EASEAvENT L 0 T C °� DESCR7PRON: N07F.- T!-F NORTH 6:0 FEET OF LOT C, THS IS NOT A SLRVEY SNOW HLL, ACCORD!!W TO 77-E PLAT TLEREOF AS RECORDED IN ME-NORTH LlA,E OF LOT C IS PLAT BOCK 2T, PAGE 83, RWC ASSl.A4EI0 TO BEAR N90'0000£ RECORDS OF PALM BEACH COL9VTY, FLORIDA. PALL D. EAaE SLRVEYOR&MAPPER NO. 570E DATE• MARC!-f 1C 2015 OBRIEN, SUTER&OPREN hC. CER77FICATE OF AIITHaWZATION LB355,3 S(A?Vk-YOR AND MWFPER IN RESPOA�SIBLE CHARGE-PALL 0, ENaE 955 NW 17TH AVEME, SUTE K---1 DELRAY BEACH FLO?fDA 33445 ORDER NO, 71-351 EA" (561 276-4501 (567) 732-3279 l4OeY IOrvxPnpsiGE1VEAAL LAF]b1�itT°ALM TRAIL E4:.EhA�NI'—O.Y1G�Y115—0.4:pp PM- 5°Ne 1:ND.OJCN A-1 Broad and Cassel 4849-8799-7986.1 47782.10009 03;3012015 Prepared by: RETURN: City Attorneys Office 200 N.W. 1st Avenue Delray Beach,Florida 33444 EASEMENT DEED 201 5, and between Palm TMS INDENTURE, made this day of A' 7 Trail Lot B, LLC, a Florida limited liability company with a mailing address of 831 Enfield Street, Boca Raton, FL 33487 (Grantor), and the CITY OF DEL RAY 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, (Grantee): W=SSETH: That the Grantor, 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 Grantee, its successors and assigns, a perpetual easement for the purpose of the construction and maintenance of public utility drainage facilities with fill and free right, liberty, and -authority to enter upon and to install, operate, and maintain such facilities under, across, through and upon, over,under, or within the following described property located in Palm Beach County,Florida,to-wit: DESCRIPTION See Exhibit"A" (Easement Area) Concomitant and coextensive with this right is the ftuther right in the Grantee, its successors and assigns,of ingress and egress over and on that portion of land described above,to affect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. T h e G r a n t o r is p e r m i t t e d a-a d a u t h o r i z e d t o make only t h e improvements a s s pecifically shown on Exhibit "B". Grantor further agrees that it is prohibited from erecting any building or affecting any other kind of construction or improvements upon the above-described property without prior written consent of the Grantee. Notwithstanding anything herein to the contrary, installation of a root barrier is required where trees are installed five (5) feet or less from an underground utility pipe. Grantor shall provide to Grantee a detail drawing and/or shop drawing of the root barrier material to be used and how it wiR be installed for Grantee approval prior to installation. The Grantee shall have the right to remove any permanent or temporary structure in order to access the easement for maintenance or repair of the public utility drainage facilities. The Grantee shall not be responsible for repairing or replacing any structures damaged or destroyed while accessing the easement for maintenance or repair of the utilities; the Grantee shall be only responsible for restoring the:effected area to grade with sod. Grantor does hereby Rally 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. Where the context of this Easement Deed allows or permits,the same shall include the successors or assigns of the parties. All the right, title, and interest in and to the property and to the improvements thereon, shall revert to and revest in Grantor, or his or her heirs and assigns, as fully and completely as if this instrument has not been executed if the Grantee does not install the connecting public utility drainage facilities in the adjacent right-of-way within bD months from the date of execution of this Deed. This reversionary interest will automatically extinguish upon Grantee's completion of the connecting public utility drainage facilities in the adjacent public right-of-way. IN WITNESS WHEREOF,the parties to this Easement Deed set their hands and seals the day and year first above written. WITNTSS 41: G T®R Print F rint [k[i1e (name printed.or typed) / (address) 6>; - 3 WITNESS##2: , (name printed or typed) STATE OF - .- t : . COUNTY OF The foregoing instrument was acknowled g ed before me this day _ of 20, by S '° w a � � _ , as A/ (rye of officer or agent, title of officer or agent), of ;3Yzz _ (name of corporation acknowledging), a '- 4 (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally'known to me or has produced (type of identification) as identification. 3 Y, Sstiature of Nofary Public— * ;PPY ryB-i, PAMELA D.WILLIAMS F, Commission#EE 874011 Februe i 12,2017 ,,<; Expirss p..ded Thm Ttoy Fein lnsuranco 60085-7019 3 z e ,�,`r iK, n UZI t � y rte=, e "PEAT 1 x 2 _ Ei . P Ar- 3iz_-QF 4F7 Ff F-777— r 4` r' fit r F R g a g ` z m .l 4 3- x Ylz - F _ r st _ _ r MEMORANDUM r TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper,City Manager DATE: March 13, 2015 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF APRIL 6,2015 RETROACTIVE APPROVAL OF AN AGREEMENT/STEVE PROCKO PRODUCTIONS,LLC/ USE OF TENNIS CENTER BACKGROUND Steve Procko Productions, LLC approached the City of Delray Parks & Recreation, through JCD Sports Group, Inc., regarding rental of the Municipal Tennis Center for the filming of a television commercial on March 19 (rain date March 20), 2015. Upon legal review, it was determined that Commission authorization is required for agreements of this nature. Due to the short timeframe between the request and the filming date, the impacted departments (Parks & Recreation and Public Information Officer) consulted with the City Manager who permitted the activity contingent on compliance with the specific requirements (use of Tennis Stadium, clubhouse, restroom facilities and a portion of the Tennis Center parking lot) and at the rate noted. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Due to the quick nature of filming requests, there was not adequate time to bring this request to the Commission without losing out on this opportunity. Parks & Recreation intends to bring forward, to a future meeting, a request for the Commission to authorize the City Manager or his designee to approve rentals of facilities associated with filming requests. OPERATING COST Revenue in the amount of$3,500 was generated from this rental. TIMING OF THE REQUEST This is a retroactive request. RECOMMENDATION Staff recommends retroactive approval of an agreement for use of the Tennis Center on March 19, 2015 (rain date March 20, 2015) to Steve Procko Productions, LLC. for the purpose of filming a television commercial. AGREEMENT FOR USE OF TENNIS CENTER THIS AGREEMENT FOR USE OF TENNIS CENTER, is entered into this 18Th day of RO N--`] , 2015 by and between the CITY OF DELRAY BEACH,FLORIDA., a Florida municipal corporation (hereinafter referred to as "City") and STEVE PROCKO PRODUCTIONS LLC, a Florida limited liability company, with an address of 4801 S. University Drive,Suite 268,Fort Lauderdale,FL 33328 (hereinafter referred to as "Producer"). WITNESSETH: WHEREAS, the City owns and maintains a Tennis Center located at 201 W. Atlantic Avenue,Delray Beach,FL("Tennis Center"); and WHEREAS, Producer seeks to use the Tennis Center on March 19 or (raindate) March 20, 2015 for purposes of a photographic backdrop during the production of a television commercial; and WHEREAS, this Agreement shall provide that Producer shall hold harmless and defend the City for any damages or claims arising from Producer's use of the Tennis Center. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above,the parties hereby agree as follows; 1. The recitations set forth above are incorporated herein. 2. Use of Premises. Producer shall be allowed to use, as specified herein, the Tennis Center ("Premises") located at 201 W. Atlantic Avenue, Delray Beach, as a photographic backdrop during the production of a television commercial on March 19 or (raindate) March 20, 2015 between the hours of AM a9 PM. The production of the aforementioned television commercial shall not contain an nudit ' y as defined by the City's Land Development Regulations. The Producer shall be allowed to use the Tennis Center stadium, clubhouse, and restroom facilities, and a portion of the Tennis Center parking lot at the discretion of the City's Director of Parks and Recreation. The Producer's use of these facilities shall not interfere with the normal use of the courts or the function of the Tennis Center. The City shall also provide, if necessary, for one on-site staff member during the times as described herein to assist Producer with the use of the Premises as well as one on-site electrician on the day of Producer's use of the Tennis Center. Producer shall make no change or alteration to the Tennis Center. 3_ Indemnification. Producer, shall at all times hereafter indemnify, hold harmless, and at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to 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, negligent, or reckless act of, or omission of, Producer, 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 the City by reason of any such claim, cause of action, or demand, Producer shall, upon written notice from the City,resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City's option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If Producer, its agents,employees,or contractors damages or causes the destruction of any real or personal property at the Tennis Center,Producer shall compensate the City for such damage or destruction within 10 days of receiving notification from the City. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Section 768.28,Florida Statutes,as amended from time to time. 4. Insurance. Producer shall provide certificates of insurance to the City evidencing its insurance coverage and naming the City and JCD Sports Group, Inc. as additional insureds. Such insurance shall be in an amount and form that is acceptable to the City and shall be delivered to the City prior to the use of the Premises by the Producer. If Producer fails to provide the certificates of insurances in a form acceptable to the City, the City may immediately terminate this Agreement. 5. Governing laws- venue. This Agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this Agreement shall Eye brought in the State or Federal courts located in Palm Beach County,Florida. 2 6. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon,inure to the benefit of, and be enforceable by the parties hereto and their respective heirs,successors,legal representatives,and permitted assigns. 7. Entire_Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. Amendments. 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 hereto. 9. Third Parties. Nothing in this Agreement, whether express or implied,is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs,successors, legal representatives,and permitted assigns,nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement,nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 10. Payment. Producer shall pay a fee of$3,500.00 per day to the City for the use of the Premises as described herein. If the electrician is needed for additional hours beyond k)6 a.m. and 9 p.m. there shall be an additional charge of$50.00 per hour. The $3,500 per day fee shall be due prior to March 19, 2015. All dollar amounts referred to above shall be in the form of money orders or cashier's checks and made payable to the City of Delray Beach, Florida. 11. Assignment. This agreement may not be assigned by either party unless first obtaining written permission from the other party. 12. Right to License/Exhibit TV Commercial. Producer shall have the right to exhibit and license others to exhibit all or any part of said scenes on screen/television, local and/or national. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above, 3 ATTEST: CITY OF DELRAY BEACH,FLORIDA, By: By: City Clerk Cary Glickstein,Mayor Approved as to Form: By: City Attomey WIT SSES: STEVE PROCKO PRODU IONS LLC By: (print or type name) (print or type name) (print or type name) ${may P T�N,�p1� PuWic State of Flonda myc Plilnikas My Commission FF 185359 STATE OF ��„� Expares 0113112019 COUNTY OF The foregoing instruwqt was ackno !edged before me this 1�day of 2015 by , (name of officer or agent, title 4 officer or agent) of Steve ocko Prrduct0as-LLC�i' limited liability company, on behalf of the corporation H She s personally known to me as produced (type o identification as i en > ication an did ( id not) take an oath. -- Sign Notary Pub is-State of Florida - 4 \ ƒ § / \ 4 e :3 ° \ a 0 ° [ 0 / \ : E e g / c z � 0 / \ y E 4 { - 0 \ f u w o = y y \ \ 2 — / _ ƒ // \g\ [\ c = / o \ u � � } / ^ � rn / � u - CD \ k $ 4 2 � � � � ( � ( _ 33 ( ) f \ / 0 ( t ° & e . ./ / / � Z � / \ 2 / \ < § / \ 2 +- \ 7 O \ E .. [ E 2 \ § 22 / / \ .e LL. 0 _ .s 0 J MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne Davis,Director of Parks and Recreation THROUGH: Donald B. Cooper,City Manager DATE: March 13,2015 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF APRIL 6,2015 RETROACTIVE APPROVAL OF AGREEMENT/ACRES AND COMPANY,LLC/USE OF TENNIS CENTER BACKGROUND Acres & Company, LLC approached the City of Delray Parks & Recreation, through JCD Sports Group, Inc., regarding rental of the Municipal Tennis Center and Delray Swim and Tennis Club for the filming of a television commercial on March 5th and 6th, 2015. Upon legal review, it was determined that Commission authorization is required for agreements of this nature. Due to the short timeframe between the request and the filming date, the impacted departments (Parks & Recreation and Public Information Officer) consulted with the City Manager who permitted the activity contingent on compliance with the specific requirements (Use of Tennis Center hard courts #5 and #6, lights, umpire chair, clubhouse, restroom facilities, and designated parking areas; use of Swim and Tennis clay courts #12, #13 and #14, clubhouse, restroom facilities and designated parking areas (times specified on Agreement)and at the rate noted. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Due to the quick nature of filming requests, there was not adequate time to bring this request to the Commission without losing out on this opportunity. Parks & Recreation intends to bring forward, to a future meeting, a request for the Commission to authorize the City Manager or his designee to approve rentals of facilities associated with filming requests. OPERATING COST Revenue in the amount of$2,500 was generated from this rental. TIMING OF THE REQUEST This is a retroactive request. RECOMMENDATION Staff recommends approval of the agreement for use of Tennis Center on March 5 and 6, 2015 to Acres & Company,LLC for the purpose of filming a television commercial. AGREEMENT FOR USE OF TENNIS CENTER THIS AGREEMENT FOR USE OF TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB is entered into this 4th day of March, 2015 by and between the CITY OF DELRAY BEACH, FLORIDA, and ACRES & COMPANY, LLC, a New York Limited Liability Company with an address of 59 Franklin Street, Suite #210, New York, NY, 10013 (hereinafter referred to as"Producer"). WITNESSETH: WHEREAS, the City owns and maintains a Tennis Center located at 201 W. Atlantic Avenue, Delray Beach, FL ("Tennis Center"); and a Swim and Tennis Center located at 709 Dotterel Road, Delray Beach, FL ("Swim and Tennis"); and WHEREAS, Producer seeks to use the Tennis Center on March 5, 2015 and the Swim and Tennis on March 6, 2015 for purposes of a photographic backdrop during the production of a television commercial; and WHEREAS, this Agreement shall provide that Producer shall hold harmless and defend the City for any damages or claims arising from Producer's use of the Tennis Center or the Swim and Tennis. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above,the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Use of Premises. Producer shall be allowed to use, as specified herein, the Tennis Center ("Premises") located at 201 W. Atlantic Avenue, Delray Beach, as a photographic backdrop during the production of a television commercial on March 5, 2015 between the hours of 1 PM and 7 PM. and the Swim and Tennis on March 6, 2015 between the hours of 7 AM and 1 PM. The production of the aforementioned television commercial shall not contain any nudity as defined by the City's Land Development Regulations. The Producer shall be allowed to use the Tennis Center hard courts #5 and#6, lights, umpire chairs, clubhouse, restroom facilities, and designated parking areas of the Tennis Center. The producer shall be allowed to use the Swim and Tennis clay courts 412, #13 and #14, clubhouse, restroom facilities and designated parking areas of the Swim and Tennis. The Producer's use of these facilities shall not interfere with the normal use of the other courts or the function of the Tennis Center or Swim and Tennis. The City shall also provide, if necessary, for one on-site staff member during the times as described herein to assist Producer with the use of the Premises as well as one on-site electrician on the day of Producer's use of the Tennis Center. Producer shall make no change or alteration to the Tennis Center or Swims and Tennis. 3. Indemnification. Producer, shall at all times hereafter indemnify, hold harmless, and at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to 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, negligent, or reckless act of, or omission of, Producer, 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 the City by reason of any such claim, cause of action, or demand, Producer shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City's option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If Producer, its agents, employees, or contractors damages or causes the destruction of any real or personal property at the Tennis Center, Producer shall compensate the City for such damage or destruction within 10 days of receiving notification from the City. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. 4. Insurance. Producer shall provide certificates of insurance to the City evidencing its insurance coverage and naming the City and JCD Sports Group, Inc. as additional insureds. Such insurance shall be in an amount and form that is acceptable to the City and shall be delivered to the City prior to the use of the Premises by the Producer. If Producer fails to. provide the certificates of insurances in a form acceptable to the City, the City may immediately terminate this Agreement. 2 5. Governing laws, venue. This Agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this Agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 6. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 7. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 8. Amendments. 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 hereto. 9. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 10. Payment. Producer shall pay a fee of$2,500.00 (tax inclusive) to the City for the use of the Premises as described herein. If the electrician is needed for additional hours beyond aforementioned times, there shall be an additional charge of $50.00 per hour. The $2,500.00 fee shall be due prior to March 5, 2015. All dollar amounts referred to above shall be in the form of money orders or cashier's checks and made payable to the City of Delray Beach, Florida. 11. Assam This agreement may not be assigned by either party unless first obtaining written permission from the other party. 3 12. R' t to License/Exhibit TV Commercial. producer shall have the right to exhibit and license others to exhibit all or any part of said scenes on screen/television, local and/or national. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH,FLORIDA, By: By: City Clerk Cary Glickstein-Mayor Approved as to Form: By: City Attorney WITNESSES: ACRES CO ANY,LLC By: G J'G- C�ol17e c�e�2 (print or type name) (print or type name) (print or type name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2015 by (name of officer or agent, title of officer or agent) of Acres & Company, LLC, a New York limited liability company. He/She is personally known to me or has produced (type of identification)as identification and did (did not)take an oath. Signature of Notary public 4 From: Cooper,Donald To: Ortega. Diomaris; Davis.Suzanne Cc: Agenda Coordinator; Beldowicz. Donna;Vanhove.Gail; Dechicchio.Rosanne Subject: RE: Novus Items-Use of Tennis Center&Anchor Park Date: Wednesday,March 25,2015 3:13:32 PM I sent email to Ms. Davis authorizing them to proceed prior to Commission approval due to the delay in Commission meetings. As this was time sensitive and I did not want the City to lose the opportunity to make the revenue which will be used to fund after school/summer camp programs this summer. From: Ortega, Diomaris Sent: Wednesday, March 25, 2015 2:28 PM To: Davis, Suzanne Cc: Agenda Coordinator; Beldowicz, Donna; Vanhove, Gail; Dechicchio, Rosanne; Cooper, Donald Subject: Novus Items - Use of Tennis Center&Anchor Park Importance: High Hi Suzanne: In the Novus memos related to the retroactive approval to use the Tennis Center by Steve Procko Productions, Acres & Company, Spur Production, and Imperial Woodpecker you indicated that the City Manager permitted the various activities. I need the document or documents that indicate the City Manager gave authorization so that I can attach it to the items. I attached the memo for Steve Procko Productions for your reference. I need to have the document(s) by the end of today Ip ease. If you have any questions, please contact me. Thanks, Awm Uttega age-ada eavJid&ato,% eit* Ctv& Department o f 1` d%a.*Beach 5d.- (561) 243-7U59 .9a✓x: (561) 243-3774 &nad. cu �Pieac .cum UnderFloridd law,e-mail addresses are public records.If you do not want your e-mail address released in response to d public-records request,do not send electronic mail to this entity. Instead,contact this office by phoneorin writing. From: Davis,Suzanne To: Orteaa.Diomaris Cc: Cooper.Donald Subject: FW:Agreement Use of the Tennis Center Date: Wednesday,March 25,2015 3:49:42 PM Attachments: imaae001.ona imaae002.ona Diomaris— Please see the original email below from Mr. Cooper regarding the commercial shoots. Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561-243-7250 D E L A A Y 9 € a C H Parks 6 Recreation w View our Summer 2015 Activities Guide From: Cooper, Donald Sent: Thursday, February 26, 2015 4:37 PM To: Davis, Suzanne Cc: Pfeffer, Noel Subject: RE: Agreement Use of the Tennis Center I concur they need Commission approval and I support going to the Commission retroactively rather than lose $15,000 and the potential positive PR for the City. Please proceed and place the contracts on the first available Commission meeting, if you'll send the contracts to me I can prepare the agenda if you would prefer. From: Davis, Suzanne Sent: Thursday, February 26, 2015 11:33 AM To: Cooper, Donald Cc: Dutko, Michael Subject: Agreement Use of the Tennis Center Mr. Cooper— I have been working with the City Attorney's office regarding two upcoming opportunities to rent the Tennis Center for 2 days to film commercials (one is for a compression sleeve and will feature Boris Becker and the second is for Gatorade and will feature Serena Williams). Both commercials are requesting dates in early March. Revenue derived from both rentals would be approximately $15,000. The City Attorney has stated that these items need Commission approval. Would you be ok with bringing both contracts to the Commission for retroactive approval, as the requested filming dates are before the meeting on March 17th Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561-243-7250 0 E L R A Y ® E A C H Parks & Recreation View the Spring Summer Activities Guide Online • MEMORANDUM r TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: March 13, 2015 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF APRIL 6,2015 RETROACTIVE APPROVAL OF AGREEMENT/SPUR PRODUCTIONS,INC./USE OF TENNIS CENTER AND STADIUM BACKGROUND Spur Productions approached the City of Delray Parks & Recreation, through JCD Sports Group, Inc., regarding rental of the Municipal Tennis Center for the filming of a television commercial on March 5, 2015. Upon legal review, it was determined that Commission authorization is required for agreements of this nature. Due to the short timeframe between the request and the filming date, the impacted departments (Parks & Recreation and Public Information Officer) consulted with the City Manager who permitted the activity contingent on compliance with the specific requirements (use of hard courts #1- #4,umpire chair, clubhouse and restroom facilities) and at the rate noted. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Due to the quick nature of filming requests, there was not adequate time to bring this request to the Commission without losing out on this opportunity. Parks & Recreation intends to bring forward, to a future meeting, a request for the Commission to authorize the City Manager or his designee to approve rentals of facilities associated with filming requests. OPERATING COST Revenue in the amount of$3,000 was generated from this rental. TIMING OF THE REQUEST This is a retroactive request. RECOMMENDATION Staff recommends approval of the agreement for use of Tennis Center on March 5, 2015 to Spur Productions for the purpose of filming a television commercial. AGREEMENT FOR USE OF TENNIS CENTER THIS AGREEMENT FOR USE OF TENNIS CENTER, is entered into this 2nd day of March, 2015 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City") and SPUR PRODUCTIONS, INC., a New York corporation with an address of 276 Fifth Avenue, Suite 704, New York, New York, 10001 (hereinafter referred to as"Producer"). WITNESSETH: WHEREAS, the City owns and maintains a Tennis Center located at 201 W. Atlantic Avenue, Delray Beach,FL("Tennis Center"); and WHEREAS,Producer seeks to use the Tennis Center on March 5, 2015 for purposes of a photographic backdrop during the production of a television commercial; and WHEREAS, this Agreement shall provide that Producer shall hold harmlcss and defend the City for any damages or claims arising from Producer's use of the Tennis Center. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above,the parties hereby agree as follows: I. The recitations set forth above are incorporated herein. 2. Use of Premises. Producer shall be allowed to use, as specified herein, the Tennis Center ("Premises") located at 201 W. Atlantic Avenue, Delray Beach, as a photographic backdrop during the production of a television commercial on March 5, 2015 between the hours of 6 AM and 6 PM. The production of the aforementioned television commercial shall not contain any nudity as defined by the City's Land Development Regulations. The Producer shall. be allowed to use hard courts #144, lights, umpire chair, clubhouse and restroom facilities, and designated parking spaces of the Tennis Center parking lot. The Producer's use of these facilities shall not interfere with the normal use of the courts or the function of the Tennis Center. The City shall also provide, if necessary, for one on-site staff member during the times as described herein to assist Producer with the use of the Premises as well as one on-site electrician on the day of Producer's use of the Tennis Center. Producer shall make no change or alteration to the Tennis Center. 3. Indemnification, Producer, shall at all times hereafter indemnify, hold harmless, and at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend the City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, Iiabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Producer, 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 the City by reason of any such claim, cause of action, or demand, Producer shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City's option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If Producer, its agents, employees, or contractors damages or causes the destruction of any real or personal property at the Tennis Center, Producer shall compensate the City for such damage or destruction within 10 days of receiving notification from the City. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. 4. Insurance. Producer shall provide certificates of insurance to the City evidencing its insurance coverage and naming the City and JCD Sports Group, Inc. as additional insureds. Such insurance shall be in an amount and form that is acceptable to the City and shall be delivered to the City prior to the use of the Premises by the Producer. If Producer fails to provide the certificates of insurances in a form acceptable to the City, the City may immediately terminate this Agreement. 5. Governinz laws, This Agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this Agreement shall be brought in the State or Federal courts located in Palm Beach County,Florida. 6. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 2 7. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement,which alone fully and completely expresses their understanding. 8. Amendments. 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 hereto. 9. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives,and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement,nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. l0. Pa-,,ment, Producer shall pay a fee of$3,000(tax inclusive)to the City for the use of the Premises as described herein. If the electrician is needed for additional hours beyond aforementioned times, there shall be an additional charge of$50.00 per hour. The $3,000 fee shall be due prior to March 5,2015. All dollar amounts referred to above shall be in the form of money orders or cashier's checks and made payable to the City of Delray Beach, Florida_ 11. Assignment. This agreement may not be assigned by either party unless first obtaining written permission from the other party. 12. Right to License/Exhibit TV Commercial. Producer shall have the right to exhibit and license others to exhibit all or any part of said scenes on screen/television, local and/or national. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH,FLORIDA, I By: By_ City Clerk Cary Glickstein-Mayor Approved as to Form: By: City Attorney WITNESSES: SPUR PRODU ONS K/1+21'51Ff(�6 Sr4 G By: (print or name) (print or type na e) ( t or name} ter-'hi", GAIL VANF VE (SEAL) -�• += MY COMMISSION P EE 418539 1k EXPIRES:Decemtw3,2015 STATE OF ,:�'' 9"K"Tian Notary Public Underw#ers COUNTY OF The foregoing instrument was acknowledged before me this day of 2015 by d f t` Ur eo` (name of officer or agent, title of officer or agent) of Spur Product►ons, Inc. lie/She is personally known to me or has produced AY t OeY r Lt V : (type of identification) s identification and did 2N((did not)take a�n oath. � Signatur of otary Public 4 From: Cooper,Donald To: Ortega. Diomaris; Davis.Suzanne Cc: Agenda Coordinator; Beldowicz. Donna;Vanhove.Gail; Dechicchio.Rosanne Subject: RE: Novus Items-Use of Tennis Center&Anchor Park Date: Wednesday,March 25,2015 3:13:32 PM I sent email to Ms. Davis authorizing them to proceed prior to Commission approval due to the delay in Commission meetings. As this was time sensitive and I did not want the City to lose the opportunity to make the revenue which will be used to fund after school/summer camp programs this summer. From: Ortega, Diomaris Sent: Wednesday, March 25, 2015 2:28 PM To: Davis, Suzanne Cc: Agenda Coordinator; Beldowicz, Donna; Vanhove, Gail; Dechicchio, Rosanne; Cooper, Donald Subject: Novus Items - Use of Tennis Center&Anchor Park Importance: High Hi Suzanne: In the Novus memos related to the retroactive approval to use the Tennis Center by Steve Procko Productions, Acres & Company, Spur Production, and Imperial Woodpecker you indicated that the City Manager permitted the various activities. I need the document or documents that indicate the City Manager gave authorization so that I can attach it to the items. I attached the memo for Steve Procko Productions for your reference. I need to have the document(s) by the end of today Ip ease. If you have any questions, please contact me. Thanks, Awm Uttega age-ada eavJid&ato,% eit* Ctv& Department o f 1` d%a.*Beach 5d.- (561) 243-7U59 .9a✓x: (561) 243-3774 &nad. cu �Pieac .cum UnderFloridd law,e-mail addresses are public records.If you do not want your e-mail address released in response to d public-records request,do not send electronic mail to this entity. Instead,contact this office by phoneorin writing. From: Davis,Suzanne To: Orteaa.Diomaris Cc: Cooper.Donald Subject: FW:Agreement Use of the Tennis Center Date: Wednesday,March 25,2015 3:49:42 PM Attachments: imaae001.ona imaae002.ona Diomaris— Please see the original email below from Mr. Cooper regarding the commercial shoots. Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561-243-7250 D E L A A Y 9 € a C H Parks 6 Recreation w View our Summer 2015 Activities Guide From: Cooper, Donald Sent: Thursday, February 26, 2015 4:37 PM To: Davis, Suzanne Cc: Pfeffer, Noel Subject: RE: Agreement Use of the Tennis Center I concur they need Commission approval and I support going to the Commission retroactively rather than lose $15,000 and the potential positive PR for the City. Please proceed and place the contracts on the first available Commission meeting, if you'll send the contracts to me I can prepare the agenda if you would prefer. From: Davis, Suzanne Sent: Thursday, February 26, 2015 11:33 AM To: Cooper, Donald Cc: Dutko, Michael Subject: Agreement Use of the Tennis Center Mr. Cooper— I have been working with the City Attorney's office regarding two upcoming opportunities to rent the Tennis Center for 2 days to film commercials (one is for a compression sleeve and will feature Boris Becker and the second is for Gatorade and will feature Serena Williams). Both commercials are requesting dates in early March. Revenue derived from both rentals would be approximately $15,000. The City Attorney has stated that these items need Commission approval. Would you be ok with bringing both contracts to the Commission for retroactive approval, as the requested filming dates are before the meeting on March 17th Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561-243-7250 0 E L R A Y ® E A C H Parks & Recreation View the Spring Summer Activities Guide Online r MEMORANDUM r TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: March 13, 2015 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF APRIL 6,2015 RETROACTIVE APPROVAL OF AGREEMENT/IMPERIAL WOODPECKER/USE OF ANCHOR PARK BACKGROUND Imperial Woodpecker approached the City of Delray Parks & Recreation, through the Palm Beach Film Commission, regarding rental of a volleyball court and adjacent parking for the filming of a Gatorade Commercial on March 4, 2015. Upon legal review, it was determined that Commission authorization is required for agreements of this nature. Due to the short timeframe between the request and the filming date, the impacted departments (Parks & Recreation and Public Information Officer) consulted with the City Manager who permitted the activity contingent on compliance with the specific requirements (sea turtle monitoring,reserved parking, and onsite park ranger) and at the rate noted. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Due to the quick nature of filming requests, there was not adequate time to bring this request to the Commission without losing out on this opportunity. Parks & Recreation intends to bring forward, to a future meeting, a request for the Commission to authorize the City Manager or his designee to approve rentals of facilities associated with filming requests. OPERATING COST Revenue in the amount of$2808 was generated from this rental. TIMING OF THE REQUEST This is a retroactive request. RECOMMENDATION Staff recommends retroactive approval of the agreement for use of Anchor Park, Anchor Park Parking Lot, and the Municipal Beach Volleyball court on March 4, 2015 to Imperial Woodpecker for the purpose of filming a Gatorade commercial. AGREEMENT FOR USE OF ANCHOR PARK PARKING LOT AT ANCHOR PARK LOT, MUNICIPAL BEACH VOLLEYBALL COURT THIS AGREEMENT FOR USE OF ANCHOR PARK, PARKING LOT AT ANCHOR PARK and ONE OF THE MUNICIPAL BEACH VOLLEYBALL COURTS, is entered into this 3rd day of March, 2015 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City") and imperial Woodpecker, a California corporation with an address of 1707 Berkley St., Santa Monica, CA 90404 (hereinafter referred to as "Producer"). WITNESSETti: WHEREAS, the City owns and maintains the municipal beach at Anchor Park, and its associated parking lot and volleyball courts, located at 340 S Ocean Blvd; and WHEREAS, Producer seeks to use Anchor Park, the Anchor Park parking lot, and one of the Anchor Park volleyball courts on March 5, 2015 for purposes of a photographic backdrop during the production of a television commercial; and WHEREAS, this Agreement shall provide that Producer shall hold harmless and defend the City for any damages or claims arising from Producer's use of Anchor Park, the Anchor Park parking lot, and the Anchor Park volleyball court. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above,the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Use of Premises. Producer shall be allowed to use, as specified herein, Anchor Park and. the Anchor Park parking lot, and one of the Anchor Park volleyball courts ("Premises"), as more specifically depicted in the attached "Exhibit A", located on the municipal beach at Anchor Park, 340 S Ocean Blvd, Delray Beach, as a photographic backdrop during the production of a television commercial on March 5,2015 between the hours of 6 AM and 12 PM (noon). Producer shall comply with all rules and regulations, including standard sea turtle nesting guidelines and non-disturbance of existing beach and dune topography and vegetation, as stipulated in the Palm Beach County Film and Television Commission permit. The production of the aforementioned television commercial may not commence until completion of the turtle nesting survey in the area of the filming location by the City of Delray Beach's Sea Turtle Monitor, who must give authorization to Producer before any use of the Premises may commence. The production of the aforementioned television commercial shall not contain any nudity as defined by the City's Land Development Regulations. Pursuant to this Agreement, Producer shall be allowed to use one of the volleyball courts on the municipal beach and restroom facilities at Anchor Park,and the entire parking lot located at Anchor Park, and twenty-one (21) reserved (bagged) parking spaces (parking meter identification numbers B1-1321), on Ocean BlvdISR AIA . With the exception of the Anchor Park parking lot and one of the Anchor Park volleyball courts, the Producer's use of these Premises shall not interfere with the normal use or function of the municipal beach and Anchor Park. Producer shall make no change or alteration to Anchor Park, the parking lot at Anchor Park, the Anchor Park volleyball courts, or the municipal beach. 3. Indemnification. Producer, shall at all times hereafter indemnify,hold harmless,and at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to 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,negligent,or reckless act of, or omission of, Producer, 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 the City by reason of any such claim, cause of action, or demand, Producer shall, upon written notice from the City,resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City's option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. if Producer, its agents, employees, or contractors damages or causes the destruction of any real or personal property at Anchor Park, the Anchor Park parking lot,the Anchor Park volleyball court, or the municipal beach, Producer shall compensate the City for such damage or destruction within 10 days of receiving notification from the City. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. 4.Insurance. Producer shall provide certificates of insurance to the City evidencing its insurance coverage and naming the City as additional insureds. Such insurance shall be in an amount and form that is acceptable to the City and shall be delivered to the City prior to the use of the Premises by the Producer. If Producer fails to provide the certificates of insurances in a form acceptable to the City, the City may immediately terminate this Agreement. 5. Governing laws; venue. This Agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this Agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 6. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs. successors, legal representatives, and permitted assigns. 7. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. S. Amendments. 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 hereto. 9. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 10.Payment.Producer shall pay a fee of$2,808.00(tax inclusive)to the City for the use of the Premises as described herein. If filming extends past the designated end time, and additional hours are needed beyond aforementioned times, there shall be an additional charge of$460.00 per hour (not to be pro-rated), which shall be due within 10 days of receiving notification from the City. The $2,808.00 Fee shall be due prior to March 5, 2015. All dollar amounts referred to above shall be in the form of money orders or cashier's checks and made payable to the City of Delray Beach, Florida. 1 l.Assignment.This agreement may not be assigned by either party unless first obtaining ritten permission from the other party. 12. Right to License/Exhibit TV Commercial. Producer shall have the right to exhibit and license others to exhibit all or any part of said scenes on screen/television, local and/or national. IN WITNESS WHEREON,the parties hereto have entered into this Agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH,FLORIDA, By: By: City Clerk Cary Glickstein-Mayor Approved as to Form: By: City Attorney WITNESSES: IMPERIAL WOODPECKER r {print or y name) (print or type name) I'1 A �i A Y cut VANHOVE (print or type name) '' _ MY COMMISSION#EE I EXPIRES:Oecemmr 3,:-', ; (SEAT) Ba&d Iiuu Nowt'Pubic WdF STATE OF 1 •: ' - ' COUNTY OF The foregoing instrument was acknowledged before me this day of 2015 b Lo- y S" y Qc\ � nS1C1 (name of officer or agent,title of officer or agent)of Imperial Woodpecker. He/She is personally known to me or has produced r ? p �� (type of as identification and Ui (did not)take an oath. Signa a of Notary Public AGREEMENT FOR PARK, LOT AT ANCHOR PARK LOT, MUNICIPAL BEACH VOLLEVBALL COURT EXHIBIT PARKING LOT � � `- i RESTROOfyI � - �s�� n"`k t+ + '` FACILITIES -� r Anchor f S Ocean Blvd, Delray Beach, From: Cooper,Donald To: Ortega. Diomaris; Davis.Suzanne Cc: Agenda Coordinator; Beldowicz. Donna;Vanhove.Gail; Dechicchio.Rosanne Subject: RE: Novus Items-Use of Tennis Center&Anchor Park Date: Wednesday,March 25,2015 3:13:32 PM I sent email to Ms. Davis authorizing them to proceed prior to Commission approval due to the delay in Commission meetings. As this was time sensitive and I did not want the City to lose the opportunity to make the revenue which will be used to fund after school/summer camp programs this summer. From: Ortega, Diomaris Sent: Wednesday, March 25, 2015 2:28 PM To: Davis, Suzanne Cc: Agenda Coordinator; Beldowicz, Donna; Vanhove, Gail; Dechicchio, Rosanne; Cooper, Donald Subject: Novus Items - Use of Tennis Center&Anchor Park Importance: High Hi Suzanne: In the Novus memos related to the retroactive approval to use the Tennis Center by Steve Procko Productions, Acres & Company, Spur Production, and Imperial Woodpecker you indicated that the City Manager permitted the various activities. I need the document or documents that indicate the City Manager gave authorization so that I can attach it to the items. I attached the memo for Steve Procko Productions for your reference. I need to have the document(s) by the end of today Ip ease. If you have any questions, please contact me. Thanks, Awm Uttega age-ada eavJid&ato,% eit* Ctv& Department o f 1` d%a.*Beach 5d.- (561) 243-7U59 .9a✓x: (561) 243-3774 &nad. cu �Pieac .cum UnderFloridd law,e-mail addresses are public records.If you do not want your e-mail address released in response to d public-records request,do not send electronic mail to this entity. Instead,contact this office by phoneorin writing. From: Davis,Suzanne To: Orteaa.Diomaris Cc: Cooper.Donald Subject: FW:Agreement Use of the Tennis Center Date: Wednesday,March 25,2015 3:49:42 PM Attachments: imaae001.ona imaae002.ona Diomaris— Please see the original email below from Mr. Cooper regarding the commercial shoots. Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561-243-7250 D E L A A Y 9 € a C H Parks 6 Recreation w View our Summer 2015 Activities Guide From: Cooper, Donald Sent: Thursday, February 26, 2015 4:37 PM To: Davis, Suzanne Cc: Pfeffer, Noel Subject: RE: Agreement Use of the Tennis Center I concur they need Commission approval and I support going to the Commission retroactively rather than lose $15,000 and the potential positive PR for the City. Please proceed and place the contracts on the first available Commission meeting, if you'll send the contracts to me I can prepare the agenda if you would prefer. From: Davis, Suzanne Sent: Thursday, February 26, 2015 11:33 AM To: Cooper, Donald Cc: Dutko, Michael Subject: Agreement Use of the Tennis Center Mr. Cooper— I have been working with the City Attorney's office regarding two upcoming opportunities to rent the Tennis Center for 2 days to film commercials (one is for a compression sleeve and will feature Boris Becker and the second is for Gatorade and will feature Serena Williams). Both commercials are requesting dates in early March. Revenue derived from both rentals would be approximately $15,000. The City Attorney has stated that these items need Commission approval. Would you be ok with bringing both contracts to the Commission for retroactive approval, as the requested filming dates are before the meeting on March 17th Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561-243-7250 0 E L R A Y ® E A C H Parks & Recreation View the Spring Summer Activities Guide Online i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: March 27, 2015 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF APRIL 6,2015 REQUEST TO ATTEND FCCMA 2015 ANNUAL CONFERENCE BACKGROUND The Florida City and County Management Association 2015 Annual Conference will be held in Orlando Florida May 27 — 30, 2015. Pursuant to the City Manager's Employment Agreement, Section I LB, "Professional Development", "The City hereby agrees to budget for and pay the reasonable and necessary travel and subsistence expenses of the Employee for professional and official travel, meetings and occasions adequate to continue the professional development of the Employee and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the International City Management Association, the Florida League of Cities, the Government Finance Officers Association and such other national, regional, state and local governmental groups and committees thereof which the Employee serves as a member. Any office travel, meetings or conferences expenses incurred pursuant to this section which exceed a cost of $1,000 shall require advance approval by the City Commission." DISCUSSION This item is before the City Commission to request approval for City Manager Donald B. Cooper, to attend the Florida City and County Management Association 2015 Annual Conference sponsored by the Florida League of Cities. RECOMMENDATION Recommend approval for City Manager to attend the Florida City and County Management Association 2015 Annual Conference, May 27—30, 2015. 2015 FCCMA ANNUAL CONFERENCE Embracing Professional Management Orlando, Florida May 27 - May 30, 2015 FCCMA Registration $390.00 x 1 $390.00 Inspirational Breakfast (Thursday) $35.00 x 1 $35.00 Inspirational Luncheon (Thursday) $35.00 x 1 $35.00 Lodging per day $160.00 x 4 $640.00 Meals per diem $38.00 x 3 $114.00 Meal per diem (Thursday Dinner) $19.00 x 1 $19.00 Mileage round trip 366 x 0.44 $161.04 TOTAL $1,394.04 : 4 } l 'Row.y° i 1 It �f A T - r j�v' r+t FC+ ' r { " 04•�r� i r Mj S r r •#,,r- 2015 FCCMA Annual Conference =- EmrinPrf iniMn management T= `� b ac g o ess o a a age a GETTING BACK TO OUR Afy- 90!M1 tk { S ', w bb + dit"I I 0�4 FWA TENTATIVE SCHEDULE WEDNESDAY, MAY 27 7:30 a.m. - 7:00 p.m. Registration Desk Open 8:00 a.m. - 4:00 p.m. Pre-Conference Workshop - So You Want to Be a City/County Manager? This session is designed to engage students, emerging professionals, directors and aspiring managers or assistants and prepare them to move into the leadership seat. Practitioners will share their past experiences with attendees on a variety of topics. 8:30 a.m. Welcome and Introductions 8:45 a.m. A Day in the Life 9:45 a.m. Networking Ice Breaker 10:15 a.m. Break 10:30 a.m. Why Diversity Matters: Building a Stronger Team 11:45 a.m. Lunch 1:00 P.M. I Don't Know what I Don't Know: Mistakes to Avoid 2:15 p.m. Break 3:00 p.m. Building Relationships: Council/Manager/Media/Community 3:45 p.m. Wrap Up This is ideal as a stand-alone, one-day training session or as a kick-off to the annual conference. For participants staying for the conference, this session provides a phenomenal opportunity to meet practitioners who may serve as potential mentors during the conference or in the future. There is no charge for this workshop, but pre-registration is required. 1:00 p.m. - 5:00 p.m. Ethics Session: Learning from Others' Mistakes Accomplish your four-hours of required ethics training in one workshop! An interactive session has been developed that will fulfill the ethics requirement at no cost to registrants. This session has been divided into segments that include a review of the Code of Ethics, a true-to-life presentation on how managers (and others) can and have gotten into trouble, and group work to evaluate case studies. The FCCMA Ethics Committee will assist with this program and be available to answer questions. There is no charge for this workshop, but pre-registration is required. Registration is limited to 125 people. 5:15 p.m. - 6:00 p.m. Retirement Challenge: The Transitional Manager If your career has been a series of management posts between two and five years in tenure, it is likely you have not vested in any city or county retirement system. Studies also show that generation X and millennials will have multiple jobs of shorter duration throughout their careers. Is it possible to build a retirement portfolio without a longer term in one government? What can a TENTATIVE SCHEDULE 3 professional do to ensure building the right combination of savings, deferred income and other plans to meet his or her retirement needs? 5:30 p.m. - 6:00 p.m. First-Time Attendees' Orientation All new attendees are encouraged to attend this session where the FCCMA officers and staff will be introduced. Tips will be given on how to get the most from the conference, and there will be plenty of time for questions and answers. 6:00 p.m. - 8:00 p.m. Good Ideas Center Open/President's Welcome Reception A photo booth will be available during all exhibit hours for members to have new pictures taken for the FCCMA membership directory. THURSDAY, 7:15 a.m. - 5:00 p.m. Registration Desk Open 7:45 a.m. - 8:45 a.m. Continental Breakfast in the Good Ideas Center 7:45 a.m. - 3:45 p.m. Good Ideas Center Open Door prizes will be awarded during lunch and the 3:15 p.m. refreshment break. 9:00 a.m. - 10:30 a.m. Opening General Session - Lessons in Leadership Carey Lohrenz, the Navy's first female Tomcat F-14 fighter pilot, will share the fundamentals that helped her win in the cockpit at Mach 2 and that can help you form a winning team. This keynote will challenge, inform and inspire your team to move to higher levels of performance in difficult economic times and environments. 9:00 a.m. - 5:00 p.m. Resume Review Appointments Professional recruiters have been invited to meet one-on-one with attendees to discuss their individual r6sum6s and the current job market. If you are interested in signing up for an appointment, contact Lynn Lovallo at (850) 222-9684 or//ova//o @f/cities.com. Early reservations are recommended as there may be limited availability on-site. 9:00 a.m. - 5:00 p.m. Linkedln Review Appointments An adviser from Career Partners International will be available to meet one-on-one with attendees to discuss their Linkedln profiles. If you are interested in signing up for an appointment, contact Lynn Lovallo at (850) 222-9684 or//ova//o @f/cities.com. Early reservations are recommended as there may be limited availability on-site. TENTATIVE SCHEDULE THURSDAY, • 10:30 a.m. - 11:00 a.m. Refreshment Break in the Good Ideas Center 11:00 a.m. - 12:15 p.m. Concurrent Sessions Session 1 - Unlocking the Value of Your Financial Data: A Case Study of Oakland Park The annual budget document is a city or county's most important communications tool, reflecting the financial policy decisions, operational goals and civic priorities that dictate its activity each year. But providing complex, multidimensional budget information in an accessible, easy-to-understand format is challenging for finance leaders. In this interactive session, the audience will become the stakeholders and learn how Oakland Park unlocked the value of its financial data, improved financial transparency, and now provides access to the financial information that staff, elected officials and citizens need, when they need it. Session 2 - The 21st Century Police Chief: Leading at the Speed of Change This session will provide attendees with a unique perspective of the new police leader. Based largely upon a decade of economic challenges, a dynamic new millennial workforce and an in- creasingly diverse (and skeptical) customer demographic, this session will make the case for contemporary police leaders to challenge the way they think about the delivery of law enforce- ment services. The leadership and management of today's police work force will be a focus of the presentation, with a special emphasis on the relationship between police and the city/county executive - a relationship more important today than ever before. The session will also review sev- eral issues facing public safety and communities over the next 10 years, including retention of the millennial work force, technology challenges and right-to-privacy issues. Get ready for a fast but thought-provoking look at what lies ahead for your law enforcement agency in the next decade. Session 3 - Employment Agreements: Beginning with the End in Sight Planning for transition does not just begin in the weeks or months leading up to separation. It begins before your first day on the job with the first draft of your employment agreement. A period of transition can be a challenging time for a manager, both emotionally and financially. The provisions in your employment agreement will often determine how prepared you are to bridge the gap to your next position. However, this is not a topic exclusive to managers. As employment agreements become increasingly common with assistant managers and department heads, not being familiar with the key components of these agreements and what they mean for you, your employees and your government is not an option. Please join us for this informative session on employment agreements, the provisions you need to be looking at, and the environment surrounding them. 12:30 p.m. - 1:45 p.m. Buffet Lunch in the Good Ideas Center Join fellow participants and exhibitors in the exhibit hall for networking opportunities and a great lunch, as well as the chance to win some door prizes. This lunch is included in your registration fee. TENTATIVE SCHEDULE 12:30 p.m. - 1:45 p.m. Career Development Luncheon-The Future of the Profession Bob O'Neill, ICMA's executive director, will share his insight regarding professional management and what changes he has observed during his travels around the country. This luncheon is open to all registrants, but pre-registration and a separate registration fee of$35 is required. 1:00 p.m. - 5:00 p.m. Financial Planning Appointments ICMA-RC financial planning consultants Mark Huston, CFP,` and Hortensia Perez, CFP," will be providing individual financial planning sessions on Thursday and Friday. If you are interested in signing up for an appointment, contact Lynn Lovallo at (850) 222-9684 or llovallo @flcities.com. Early reservations are recommended as there may be limited availability on-site. 2:00 p.m. - 3:15 p.m. Concurrent Sessions Session 1 - PLANting a Sustainable Network for Future Growth with Multimodal Transit If cities were trees, then our transportation systems are the root networks by which we nourish the lives of our neighborhoods. Effective management of these networks means the difference between sustainable and fiscally responsible growth versus congestion and expensive infra- structure. Join us for a discussion of the efforts of the City of Doral to move away from building for cars, and moving toward planning for a multimodal community. Session 2 - Legislative Update At the conclusion of the 2015 legislative session, how did cities and counties fare overall? What new challenges are we facing? Join a panel presentation with legislative representatives from the Florida League of Cities and the Florida Association of Counties for a lively discussion, analysis and a little crystal-ball gazing. Session 3 - Proactive Code Enforcement This session will discuss the aspects and consequences of both proactive and reactive code enforcement. Mechanisms will also be provided to help understand the how-to and benefits of turning your code enforcement division into a proactive one. 3:15 p.m. - 3:45 p.m. Refreshment Break in the Good Ideas Center Final door prizes will be drawn. • TENTATIVE SCHEDULE THURSDAY, MAY • 3:45 p.m. - 5:00 p.m. Concurrent Sessions Session 1 - Empowering Residents to Participate and Drive Positive Change in their Communities Walk through the process Orange City used to implement a new request management system for staff, and a mobile/web app for residents to report daily neighborhood issues directly to the city. Receive actionable tips on how to promote adoption of new tools in your community, especially within a demographic that is not typically familiar with, or comfortable using, leading- edge technology. Session 2 - Communicating with IT It can be frustrating for managers to communicate with information technology staff . . . and vice versa. This panel discussion will talk about bridging the communication gap in order to create a cohesive working relationship. Panelists will emphasize the importance of a business partnership between IT and all departments, and the expectations they have for both sides of the partnership. It's not just about IT anymore; it's about working together to improve processes, drive positive change and continue to make more possible even when faced with less resources. Session 3 - City/County Roundtable Join a very interactive roundtable forum that will explore both city and county issues. You will be provided with the opportunity to raise matters that will be examined by your peers to determine the best approaches to address each issue. The goal of this roundtable is to discuss problems and concerns and exchange ideas on working with local government issues. Take the opportunity this informal setting will present to harvest the extensive knowledge and expertise of your colleagues. 5:15 p.m. - 6:15 p.m. Florida Business Watch Reception After a long day of education, join Florida Business Watch members and fellow managers for a Happy Hour reception and learn more about this important FCCMA affiliate. Dinner on your own. 9:00 P.M. - 11:00 P.M. Dessert Reception Join your colleagues for a late-night reception featuring mouth-watering desserts and great conversation. This is an event you don't want to miss and is included with your registration fee. FRIDAY • 7:15 a.m. - 4:30 p.m. Registration Desk Open 7:45 a.m. - 8:45 a.m. Continental Breakfast TENTATIVE SCHEDULE 7:45 a.m. - 8:45 a.m. Inspirational Breakfast - An Overcomer's Story: From Poverty to Success Midway City Manager Dot Inman-Johnson will share the story of how her own life experiences created the template for a successful and varied career as an educator, elected leader, nonprofit CEO and a post-retirement return to government as a city manager. Author of Poverty, Politics and Race: The View from Down Here, she will be available after breakfast for a book signing. Pre-registration and a separate registration fee of$35 is required. 9:00 a.m. - 10:15 a.m. Concurrent Sessions Session 1 - The Power of Sharing: How the Village of Glenview Achieved Low- Cost, High-Quality IT Managed Services by Forming a Consortium with Fellow Municipalities In this interactive presentation, audience members will form mock municipal consortiums to work through the challenging decision making of creating an information technology service delivery solution for a multi-member municipal partnership. Bring your strategic thinking skills to navigate the selection process and collaborative benefits of creating shared IT. The program will overview the implementation in Glenview, III., and includes a discussion of each jurisdiction's selection of services, cost sharing and membership fees, and the challenge of implementing common standards and policies. Session 2 - Healthcare Costs at BELOW 2010 Levels? How Did Palm Coast do THAT?? Tired of double-digit hikes in health insurance each year, the City of Palm Coast said "enough is enough!" and crushed the mold to create a new model no one thought remotely possible. Partnering with an already existing local clinic, the city fixed expenses, established a clinic with no management fees and pass-through costs, and is now able to provide most routine and preventative health care at ZERO cost to employees and their dependents. How is this possible? Share the journey to this unique solution and you can also leap off the healthcare merry-go- round, rein in costs and provide better benefits to your staff. Session 3 - Communication: Ever-Changing and Fast-Moving With an ever-changing landscape of communication methods, delivering a successful message to target audiences is no longer a "one size fits all" formula. To be successful, government organizations need a proactive public communication strategy. Learn how to leverage and manage social media, video, digital and traditional communication channels to reach and engage citizens in a more effective way. 9:00 a.m. - 5:00 p.m. Financial Planning Appointments See page 5 for details. 9:00 a.m. - 5:00 p.m. Resume Review Appointments See page 3 for details. TENTATIVE SCHEDULE FRIDAY CONTINUED 9:00 a.m. - 5:00 p.m. Linkedln Review Appointments See page 3 for details. 10:30 a.m. - 11:45 a.m. General Session- Creating Cultures of Leadership and the Power of"Lollipop Moments" Have we made leadership into something bigger than us, something unattainable? In this session, Drew Dudley will describe leadership in a more nuanced, practical and hopeful way. An experi- enced TED speaker, Dudley will share his "lollipop moments" - those times when something you've done has made someone else's life fundamentally better. Leadership, he explains, should be about how many lollipop moments you can acknowledge and share every day. 12:00 p.m. - 1:30 p.m. Luncheon and Annual Business Meeting 1:45 p.m. - 2:45 p.m. We Can't Live Without It: Florida's Water Future Pick a table and join your colleagues for lively discussion on a hot topic. Florida Business Watch has assembled experts to facilitate small group discussions on: 1) Sea Level Rise/Salt Water Intrusion; 2) Springs Restoration; 3) Future Alternative Sources; and 4) Finding the Money. The topic is massive - numeric nutrient compliance and impact, supply and delivery fixes, septic retrofit, infrastructure - the list goes on and on. Short presentations will be followed by small group discussions, then the whole room will be brought back together to discuss the overlap of Florida's water issues. This session is designed to encourage a free exchange of ideas, discuss problems and create real solutions. Wear your thinking caps and be prepared to collaborate on this important issue. 3:00 p.m. - 4:00 p.m. Concurrent Sessions Session 1 - Performance Management in the Era of Analytics Local governments generate huge quantities of data but seldom effectively use this resource in decision making. Big data, cloud-based analytic solutions and the widespread use of low-cost computer technology (such as ICMA Insights) are altering the ways communities are implementing performance management systems. This forward-thinking session will show how this evolution in technology is rapidly changing our workplaces. Learn more about performance management and its importance to our profession. Discover how your community can begin to capitalize on the compar- ative data available to your organization for enhanced decision making in the new "era of analytics." Session 2 - New Accounting Issues Impacting Government Financial Statements and How to Prepare Effective Financial Presentations for Local Government Boards Cities' and other local governments' financial accounting and reporting rules seem to be getting a lot of press these days. From new pension reporting standards to OPEB and beyond, this session will explore accounting issues that may change how local governments develop, manage and .a i_t - alt �✓ . M .fir `- a `i- �d-/'-. prioritize service delivery. In addition, financial presentations to a local government board can be challenging. This session will also share some ideas about how to make these easier for all involved to understand. Session 3 - Florida Municipal Safety and Health Accreditation This presentation will outline the efforts to and the benefits of establishing a Commission for Safety and Health Accreditation in the State of Florida. The commission will work with public agencies to provide safety and health training services, as well as provide standards, accredi- tation and compliance assistance. Similar to the current Florida Law Enforcement accreditation process, the goal will be to have accreditation become a prestigious and sought-after recog- nition that will serve to increase cooperation between agencies, as well as increase the level of service provided to the public by meeting statewide standards. 4:15 p.m. - 5:30 p.m. Celebrating Professional Management - FCCMA's 2015 Awards Presentation Be sure to join your colleagues for this special event to recognize FCCMA's 2015 award winners. 6:30 p.m. - 8:30 p.m. Friday Night Social - Royal Pacific Luau What better way to cap your stay at the Royal Pacific than with an authentic Polynesian revue? The evening will begin with a traditional lei greeting, the island sounds of a strolling ukulele player and a chance to mingle with tropical birds. Enjoy a buffet dinner followed by an interactive show featuring hula and fire dancers. Bring the family for an evening you won't forget. This event is included in your registration fee. SATURDAY, 8:00 a.m. - 9:45 a.m. Closing Breakfast- Rising Above My Roots:The Road to the White House Political humorist Pau/Me//or will leave you laughing, learning and motivated as he delivers his entertaining message on running for president. You'll quickly see why Mellor is a candidate who knows the angles yet speaks in circles as he voices the issues of the day. His accomplishments are many: voted "Most Popular 7th Grader" a record three years in a row; worked in Washington serving in the House . . . of Pancakes; received honorary degrees from leading pre- and elementary schools throughout western Canada. "Rising Above My Roots" is a session worth waking up for. Be there! This is a tentative schedule and subject to change. Please check the website at www..fccma.org for updated conference information as it becomes available. ICMA Practices This conference will address most ICMA Practice Groups. The final conference program will indicate group practice hours where applicable so members may plan their best use of conference time for credentialing purposes. For more information contact: Lynn Lovallo, FCCMA, P.O. Box 1757, Tallahassee, FL 32302-1757, (850) 222-9684, //ova//o @f/cities.com. 10 CONFERENCE HOUSING INFORMATION IdW *- ab Aela. - x y :1. .ti 6 Loews Royal Pacific Resort at Universal Orlando' Ilk - ZZW Zr e ; . CONFERENCE • USING INFORMATION The unique, family friendly Loews Royal Pacific ROOM RESERVATION Sf t psuwill serve as the conference hotel. It is PROCEDURE located at 6300 Hollywood Way in the Universal To protect our room block for conference registrants, Orlando Resort. The hotel phone number is (407) it is our policy that no one will receive housing 503-3000. FCCMA has secured the special rate of information until we have received your PAID $160 per night, single or double, for conference registration. Once your registration is paid, you participants. Overnight self-parking is offered at will be sent housing information via email. NOTE: If the reduced rate of$8 per night. NOTE: Royal you register online but choose to mail in your check, Pacific will not accept any reservations at you will not receive your housing information until this time. See below for more details. your registration is paid. Part of the Universal Orlando' Resort, the Royal Please note that the reservation cut-off date at the Pacific is located just a short walk or boat ride hotel is April 24, 2015. It is important that you away from two theme parks and all the dining and register for the conference early so you have plenty entertainment options of Universal's CityWalk'. As of time to make your reservations. Availability is an added benefit, all hotel guests receive unlimited on a first-come, first-served basis. Remember "front of the line" express pass access to many at- that we are unable to guarantee reservations for tractions at both Universal Studios, and Universal's anyone, nor the exact date on which the hotel block Islands of Adventure' with paid theme park admis- will sell out, so please register early. sion. For complete information on the hotel, visit its website at www.loewshotels.com/royal-pacific-resort. IMPORTANT - POLICY REGARDING RESERVATION CANCELLATIONS AND ADJUSTMENTS In recent years, the FCCMA has experienced a disturbing trend with its room block at conference hotels. Individuals will book rooms for the entire length of the conference, making it appear as if the room block is sold out and forcing other registrants to book rooms off-property, only to cancel or shorten the length of their stay at the last minute. This has greatly inconvenienced other guests and left the FCCMA at risk of steep hotel penalties. Due to these experiences, the FCCMA Board made the difficult decision to enforce penalties for abuse of the room block. FCCMA will reserve the right to assess a $50 penalty to any registrant making significant adjustments to his or her reservation within three weeks and up to the conference. We understand that some cancellations or adjustments are unavoidable. However, we simply ask that when making your reservations, you only block for dates that you are sure you will be able to attend. If you have any doubts about the length of your stay, please do not make your reservations until you are sure. This will benefit all registrants trying to secure a reservation in the host hotel, and will protect the association from financial harm. We thank you in advance for your cooperation and consideration. Universal elements and all related indicia TM&©2075 Universal Studios.©2075 Universal Orlando.All rights reserved. 12 REGISTRATION INFORMATION ADVANCE REGISTRATION the conference. A$25 administrative fee will be deduct- PROCEDURE ed from all canceled registrations. Prepaid registrations All participants are encouraged to register in advance not canceled by this date will be included in the ad- to avoid any delays at the conference registration vance registration count required by the hotel and are desk. Please register online at x x x/gldn b/psh or fill not eligible for a refund. out and return the conference registration form with all registration fees to FCCMA Annual Conference, REGISTRATION FEES P.O. Box 1757, Tallahassee, Florida 32302; email to To qualify for the early registration rate, advance mhowe @flcities.com; or fax to (850) 222-3806. No registrations must be received by the May 8, 2015, registrations will be processed without payment deadline. Registrations received after that time will be in full. When your advance registration request is considered "on-site" and subject to the higher rate. received, a confirmation of registration will be sent Remember that you will not receive housing by email. information to make reservations at Royal Pa- cific until we receive your PAID registration. DEADLINE Registration forms must be received no later than Registration fees cover admission to all events May 8, 2015. If you are unable to meet this and refreshment breaks, except those events for registration deadline, please register on-site at the which additional and/or pre-registration is required. conference. "Thursday or Friday ONLY" registrations include all regular events for that day only. See the schedule of REFUNDS events and registration form for details. In the event prepaid registrants find it impossible to attend the conference, a letter mailed to FCCMA, Name badges or tickets are required for emailed to mhowe @flcities.com or faxed to (850) entrance into any activity or to enjoy the 222-3806 and received by May 8, 2015, will au- refreshment breaks. thorize a refund. All refunds will be processed after REGISTRATION FEE OPTIONS Registration Type Received by May 8, 2015 After May 8, 2015 FCCMA Member $390 $435 Additional Registrant from Same Government* $360* $435* Non-Member Government $500 $545 Retiree/Student $85 $95 Thursday ONLY** $195** $220** Friday ONLY** $195** $220** Adult Guest' $85' $100, Child (under 18)' $0' $50' *No multi-registrant discounts will be allowed after May 8, 2015. **Includes all regular events for Thursday or Friday only. 'Guests are defined as family members, i.e. spouse or partner, teens and children. Guest registrations are not for use by other government or company employees. There is no fee for child guests registered in advance, but please include any child guests on your registration form so that we may plan accordingly. FCCMA 2015 CONFERENCE REGISTRATION FORM 13 LOEWS ROYAL PACIFIC RESORT AT UNIVERSAL ORLANDO ■ MAY 27-30, 2015 Full Name: First Name or Nickname: (as you wish it to appear on your badge) Title: Affiliation: (city,county or organization,etc.) Mailing Address: City: State: Zip Code: Telephone: Fax: Email: First-Time Attendee? ❑ Yes ❑ No ICMA Student Chapter Member? ❑ Yes ❑ No If you are registering a guest or child, please complete the following: Adult Guest Full Name: First Name or Nickname: Adult Guest Full Name: First Name or Nickname: Child (under 18) Full Name: _ First Name or Nickname: Child (under 18) Full Name: _ First Name or Nickname: Please complete the Registration Information on the following page. NOTE: Be sure to send in BOTH pages of the registration form. Registration CANNOT be processed without both pages. Cancellation Policy Because of the requirement for advance attendance guarantees, cancellation must be received and confirmed in writing by May 8, 2015 to entitle registrants to a refund of registration fees. A$25 administrative fee will be deducted from all refunds. All refunds will be issued after the conference. Special Needs If you are physically challenged and require special services, or if you have special dietary needs, please attach a written description to your advance registration form. Please return to: FCCMA Annual Conference, P.O. Box 1757, Tallahassee, FL 32302; email mhowe @ficities, com; or fax to (850) 222-3806. Payment must accompany each registration. No purchase order or phone registrations accepted. Online (www.fccma.org), emailed and faxed registrations accepted if paying by credit card (Visa or MasterCard) only. Remember that you will not receive housing information to make reservations at Loews Royal Pacific until we receive your PAID registration. NOTE;if you are registering multiple individuals from a single government to take advantage of the special discount, these registrations must be sent in and paid at the same time, Payment Information: Amount Enclosed (enter total from back of registration form): $ Method of Payment: ❑ Check (payable to FCCMA) ❑ Visa ❑ MasterCard Card #: Exp. Date: Cardholder's Phone: Cardholder's Name: Cardholder's Signature: Billing Address (if different from address used above) Address: City: State: Zip: 14 REGISTRATION INFORMATION LOEWS ROYAL PACIFIC RESORT AT UNIVERSAL ORLANDO ■ MAY 27-30, 2015 REGISTRATION INFORMATION See page 12 for restrictions on these registration types. Registration Fees By 5/8/15 After 5/8/15 Total Fee FCCMA Member $390 $435 $ Additional Registrant from Same Government $360 $435 $ Non-Member Government $500 $545 $ Retiree/Student $85 $95 $ Thursday ONLY $195 $220 $ Friday ONLY $195 $220 $ Adult Guest $85 x 100 x $ Child (under 18) $0 x $50 x $ Special Events Additional registration is required for these events. Please indicate your attendance and include additional fees where required: Wednesday So You Want to Be a . . . Manager @ $0.00 @ $0.00 $ Free Ethics Session @ $0.00 @ $0.00 $ Free Thursday Inspirational Breakfast @ $35.00 @ $35.00 $ Career Development Luncheon @ $35.00 @ $35.00 $ Grand Total Due (enter this amount on front of registration form): $ r C 4 INI e AS + - F C Y .� • • • IV i rte ? A .•j S .i ' � . Iq OF ;#All �'1' I .EMPLOYMENI 8GBEEMENT THIS AGREEMENT CAgreement'}, made and entered into on this day of 2014, by and beWeen the CITY OF DELRAY- BEACH,,a Florida mdnicipal corporation, hereinafter referred to as the"City" and DC3NAL.D-B. COOPER, hereinafter referred to as "Employee,both of whom understand as follows: WHEREAS, the Cary desires to employ the services of Donald B. Cooper as the City Manager of the City of Delray Beach, Florida, as provided for in Article. IV of the City Charter of the City of Delray Beach, Florida,and WHEREAS, it is the desire of the City, through the City Commission, to provide- for certain benefits, and to establish certain conditions of employment and to set certain working conditions of said employee; and WHEREAS, Employee desires tb accept employment as Clty Manager of the City of Delray Beach,Florida under the terms and conditions set forth herein, NOW, WHEREFORE, for and.in consideration of the mutual covenants herein contained,the parties hereto agree as follows* Section 1. Duties. The City hereby.agrees to employ said Employee as the City Manager of the City of Delray Beach, Florida to perform the functions and duties specified in the City Charter and Code of Ordinances of the City of Delray Beach, Florida, and to perform other such legally permisslble and proper duties and functions, consistent with the�office of the City Manager,as the city Commission of the City shall from time to time assign. Section 2. 'ferry►. A. This Agreement s al 'become effective and the term of employment nuary i , shall begin on Monday, Ja 2015. The term of this Agreement shall be from the effective date of the Agreement and until termination by either party in accordance with the provisions set forth herein. During the term of this Agreement, the Employee shall be a full-time City Manager. The City Manager shall not undertake or agree to any outside employment without first obtaining the consent of the City Commission, which consent shall be.In the stole discretion of the City Commission. E. Nothing in this Employment Agreement shall prevent, limit; interfere t with,or otherwise restrict the rights of the City and the City Commission to terminate the services of the Employee at any time, with or without cause, .subject only to the provisions set forth In Section 12, Paragraphs A, B and C of this Agreement, and those contained in the City Charter of the City of Delray Beach, Florida. C. !Nothing in this Agreement shall prevent, limit or otherwise interfere with the tht of ffie Employee to resign at any time from his position with the City, subject only to the requirements and provisions set.forth in Section 12, paragraph D, of this employment agreement. Section 3, Salary. City agrees to pay Employee for•services rendered commencing upon the date of the first day Employee starts work for the City at a beginning annual salary of Ono Hundred Seventy Thousand Dollars ($170,000.00) (sayable In installments at the same time as other general employees of the City are paid. The City Commission shalt engage in an annual performance evaluation and salary review cif said Employee rude not later than to August of each year.being in advance of the final adoption'of the Annual operating b6doet of the City so that appropriate funding may be provided. It is further understood that merit salary increases based on the annual performance evaluations and salary reviews are exclusive of any general cost-of- living/economy Increases afforded to other employees. The Employee shall be entitled to .all of the dos(-of-I.Wingleconormy Increases which the City may grant to its upper management level employees not covered by any collective bargaining agreement, if any,when such Increases are authorized and commenced by the City Cornmissioh. Sections 4. Nferred CompensaVonlRetirement The City agrees to execute at[ necessary agreerhents provided by the Interrsational-City Management Association--Retlrernent Corporation (ICMA-RC) for the Employee's continued participation in said ICMA-RC retirement plan and, in addition to the base salary paid by the City to the Employee, the City agrees to pay an amount equal to 95 percent (9.5%) of the Employee's base salary Into the ICMA-RC on -Employee's behalf, in equal proportionate amounts*on a monthly basis, and to transfer ownership to succeeding employers upon the Employee's resignation or discharge. to the event-such contributions to the ICMA-RC retirement plan exceed the maximum 2 'amount permitted by 1=ederallaw or Internal Revenge Service regulations to accrue to Employee's benefit on a.tax deferred basis, said,excess amount shall be paid as direct compensation to the Employee. If the Employee elects to not participate in the ICMA 9.5% contribution plan►, referenced in the previous paragraph, and wishes to joint the City's General Employee's Pension plan, the City agrees to enroll the Employee into the General Employee's Pension Plan and to make at least the same level of contributions for the Employee or -on the Employee's behalf as the City does for its other administrative employees consistent with all Applicable Laws and Authorities, Sectioh 5.Vacation and Sick heave, A upon commencing employment, the.Employee shall begin to accrue sick and vacation leave on an annual basis equal to the highest annual accrual provided to all other employees, not covered by any collective bargaining agreement. Employee shall tie-Entitled to one personal day on annual basis and in accordance with City Policies. B. The Employee shall be entitled to military reserve leave time pursuant to state lawn avid Cibj policy. C. Notwithstanding City policy to the contrary however, Employee -shall be advanced the•use of up to ten (10) vacation and ten (10) sick leave days from the effective date of this Agreement as a credit against his actual accrual of said leave. Section s. Disability, Health and Life Insurance. The Employer agrees to provide disability insurance, hea€th.insurance, and life. insurance to the Employee under the same terms and conditions as same may be provided from time to time to the general employees,of the City of Delray Beach not otherwise covered by any collective bargaining agreement. Notwithstanding, the foregoing paragraph, Erployee may, at his option, elect to not participate in the City's health insurance coverage by providing City written notice prior to the con mericement of employment.or at any time during each year of this. Agreement during the City's annual open enrolhent period. In the event Employee. elects to not.participate In the City's health insurance coverage, City shall pay Employee a monthly installment In an amount not to exceed the lesser of-(i) Employees actual i 3 trionthiycost of health €nsurance coverage for the Employee and spouse, or(i)the sum of Eight Hundred Th€rty-mine and 401100 Dollars($839.40). Section 7. Automobile, The EmployeWs duties require that he have the use of an automobile during his employment by the City. To that end, the City shall pay Employee a car allowance (A Four Hundred Dollars (S400.00) per month. 58C$lQn 8. Moving Expenses. The Employee shall be reimbursed,or,at the option of the City,the City may pay directly, for the expenses of packing and moving himself, his.family, and his personal property from fort St. Lucie, Florida to Defray Beach, Florida with said payment or reimbursement to be limited to such reasonable and actual moving expenses;to include unpacking, storage costs, and insurance charges. The Employee agrees that he shall seek at least two (2) bids for.such services, and he shall utilize the lowest competent bidder to provide such services. The total amount for reimbursement or payment of all moving expenses shall not.exceed Five'Thousand Dollars (55,000). Furthermore,the City agrees to provide the Employee assistance with temporary living quarters, for a period of t€me up to six(fi) months following the first day of°work by the Employee under this Agreement, In no event shall the total value of such assistance with temporary living quarters or the expense to the City for such temporary living quarters exceed the sum of f=ifteen Hundred Dollars ($1,500,00)per month with a-total amount not to exceed dine Thousand Dollars ($9000.00). Section 9. Hours of Work. Notwithstanding City policies and procedures to the contrary, it is recognized that the Employee must devote a great deal of #line outside the normal office hours to business of the City, and to that end, the Employee Will be allowed to take reasonable compensatory time off not to exceed five (5) days each year as Employee deems appropriate during said normal office hours. Section 10. Civic Club Membership. The City recognizes the desirability of representation in and before local civic and other organizations, and to that end the Employee is authorized to become a member of one such civic club for which the City shall pay the Employee's dues. In-addition, the 4 Employee is encouraged to take an active part in organizations such as the Delray reach Chamber of Commerce and the like, Section 11,Professional Development, .A, The City agrees to budget and to pay for the professional dues and subscriptions of the Employee reasonably necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his Continued professional participation, growth and advancement, and for the good of the City. The total annual amount of professional -dues-and subscriptions shall not exceed Fifteen Hundred Dollars($1,500).. B. The City hereby agrees to budget for and pay the .reasonable and necessary travel and subsistence expenses of the Employee for professional and .official travel, meetings and occasions adequate to continue the professional development of the Employee and to adequately pursue necessary official and other functions for tiie City, including but not limited to the Annual Conference of the International City Management Association, the Florida League of Cities, the Government Finance Officers Association and such other national, regional, state and local governmental groups and committees thereof which the Employee serves as a member:. Any office-travel, meetings or conferences expenses incurred pursuant to this section which exceed a cost of $1,000 shall require advance approval by the City Commission. Employee may not attend educational classes or conferences in excess of seven (7) business days each calendar year without first obtaining City Commission approval. C. The City also. agrees to budget and to pay for the reasonable and necbssary-travel and subsistence expense of the Employee for short courses, institutes, and seminafs that are necessary for this professional development and for the good of the.City_ Any travel and education expenses incurred pursuant to this section which exceed a cost of$1,000 shall require advance approval by the City Commission. Section 12.Termination and Severance Pay. A, Employee shall serve at the pleasure of the City Commission,and the City Commission may terminate the employment of Employee under this Agreement at any, tune;for any reason or for no reason. 6 B; Should the City Commission terniinate the services of Employee 'vjithout cause', Employee shall be entitled to ninety (99) days of compensation and such severance pay may not exceed an amount greater`than'as set out in and defined in section 215.425(4)(d), Florida Statutes. In consideration of payment of severance, Employee shall execute a general release in favor of the City, Its successors and assigns. if termination of employment is for misconduct, as defined in section 443.036(30), Florida Statutes, then such,severance pay to Employee is prohibited pursuant to section 215.425(4)(a)2, Florida Statutes. Employee will also receive payment fot any vacation,sick or personal accrued leave prior to the effective date of the termination by the City Commission to be paid to Employee under the same.termss and policies as provided to all over employees, not covered by any collective. bargaining agreement. The lump sum cash payment shall be made within fifteen (15) working days of termination. After the payment'desedbed above, the City shall have no further financial obligation to E=mployee pursuant to this Agreement. This subsection shall not prevent Employee from collecting any money earned as a result of his participation in a City sponsored retirement plan (i.e., 401(a) program or 457 deferred compensation program). C. In the event Employee Is terminated for just cause, the City shall have no obligation to pay the amounts outlined in Section 12, paragraph 8 of this Agreement, For the purposes of this Agreement,just cause is defined and.limited to, for the purposes of this-Agreement,any of the following: ('I) Misfeasance, malfeasance and/or nonfeasance In parformance of his City duties and responsibilities. (2) Conviction of a misdemeanor or felony crime, whether or not adjudication is vAthheld_ (3) Neglect of duty, including the inability or unwillingness to properly 'discharge the responsibilities of the office. (4) Violation of any substantive City policy, rule, or regulatlon, which would subject any other City employee to termination. S (5) Conduct unbecoming the Employee which is defined to mean any conduct by Employee, which in the opinion of the City Commission, is inappropriate or unsuitable and which has a tendency to adversely affect, lower, or destroy City Commission respect or confidence in the ability of the Employee to perform his or her duties as City Manager or conduct which brings disrepute or discredit to the City. (6) The commission-of any fraudulent act against the interest of the City. i (7) The commission of any act which involves moral turpitude, or which causes the City disrepute. (8) Violation of state or focal ethics laws and crudes,. including, but not i limited to, the Florida Code of Ethics for Public"Officers and Employees, the Sunshine Amendment to the Florida Constitution, the Palm Beach County Code of Ethics, or violation of the International City/County Management Association Code of Ethics. (9)_ Any other act of similar nature of the same or greater seriousness. if Employee's employment.is terminated pursuant to this subsection, then the City shall pay to Employee any accrued compensation die Employee up` to Employee's final day of employment, including any accrued vacation, The City shall have. no farther financial obligation to Employee. pursuant-to this Agreement. This subsection shall not prevent Employee from collecting any rnoney'earned as a result of his participation in a City sponsored retirement plan (i.e.; 401(a) program or 457 deferred compensation program). D. In the event the Employee voluntarily resigns his position with the City, then the Employee shall give the City at least sixty (60) calendar days notice in advance, unless the parties otherwise agree, and in such case•of voluntary resignation, the Employee-shall not be eligible for payment of the severance pay set forth in this Section. Section 13, Indemnification. A. The City shall provide a legal defense, and indemnification, under the same terms and conditions as provided to the other employees of the City of Delray Beach in 7 accordance with the requirements and provisions of the City Charter and Chapter 31 of the Delray Beach Code of Ordinances of the City of Delray Beach, Florida. The Employee may provide input with. respect to any legal defense required by this subsection or any proposed settlement, however, the City .shall have the right to compromise and settle any such claim or suit and pay the amount of any' such settlement or judgment rendered thereon, in. its sole.discretion. This indemnification provision shall survivo-the termination of this Agreement. Section 14, Physicals. This Agreement is contingent upon a satisfactory medical evaluation of"the Employee following a full physical examination and drug test by a medical provider of the City's cholee. Determination of what constitutes a satisfactory medical evaluation Is solely within the discretion and determination of the City. Such physical exam and drug testing-shall be concluded prior to the Employee's employment. Section 1S. Other Terms and Conditions of Employment. A. The City Commission, in consultation with the Employee, shall fix any such other terms and conditions.of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in direct conflict with the provisions of this Agreement, the City. Charter, the City Code of Ordinances,or any other.applicable law. B. All other provisions of.the City Charter, City Code of Ordinances, and rules and regulations of the City relating to vacation and sick leave, retirement and' pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended from time to time, shall also apply to the Employee as it would be to other general employees of We City not covered bby.a collective bargaining agreement, in addition to said benefits and nuirerated specifically for the benefit of the Employee herein,except as may be otherwise provided for herein, C. The Employer shall not at any time during the term of this Agreement reduce the-salary, compensatloh,or other financial benefits of the Employee, except-to the degree.of such a reduction across-the-board for ail general employees of the-City. D. The Employee must reside within the City limits of Delray Beach within nine months of beginning employment. i f section 16. Notices. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: i } City; Mayor City of Delray Beach, Flo.rida 140 N.W. 1"Avenue i Delray Beach, FL 33444 i 3 3 Employee: Donald B. Cooper 2892 Bakersfield Street Port St. Lucie, Fl_ 34952 Alternatively, notices required pursuant to this Agreement rn4y be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of-the date of personal service or as of the date of-deposit of such written notice in the course of transmission In the United States Postal Service. Soction 18. General Provisions. A. The text herein shall constitute the entire agreement between the parties. S. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. C. If any provision, or any portion thereof, contained in this.Employment Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof,.shall be deemed severable, shall not be affected and shall remain in full'force and effect. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Agreement to be signed and executed on its behalf by its Mayor,and duty attested to by 9 F f its City Cleric, and approved as to iorm by the City Attorney, and the Empioyee has .signed-and executed this Agreement, both in dupiicate, on the day and year first above Written. dITY Di' LMY BEAC E IOYEE lam' iay r onaid B. Cooper iA N'1,i `AttBst; ?' it ierk •a, •' g, :%e/"�•• .a�� •::vim. `.` -Approved as-to F6rrn: Uty.Attarney to i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: March 30, 2015 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF APRIL 6,2015 RESOLUTION NO.23-15 DISCUSSION This item is before Commission to approve Resolution No. 23-15; supporting Senate Bill 246 sponsored by Florida State Senator for District 34 Maria Sachs that amends Chapter 316, Section 305, Florida Statutes to include enhanced penalties for texting while driving violations when committed in a School Zone or School Crossing and removes the requirement that specified provisions be enforced as a Secondary Action by a Law Enforcement Agency. RECOMMENDATION By Motion, approve Resolution No. 23-15. RESOLUTION NO. 23-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING SENATE BILL 246 SPONSORED BY FLORIDA STATE SENATOR FOR DISTRICT 34 MARIA SACHS THAT AMENDS CHAPTER 316, SECTION 305, FLORIDA STATUTES TO INCLUDE ENHANCED PENALTIES FOR TEXTING WHILE DRIVING VIOLATIONS WHEN COMMITTED IN A SCHOOL ZONE OR SCHOOL CROSSING AND REMOVES THE REQUIREMENT THAT SPECIFIED PROVISIONS BE ENFORCED AS A SECONDARY ACTION BY A LAW ENFORCEMENT AGENCY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at any given time during daylight hours, over 660,000 vehicles in the United States are being driven by someone using a hand-held cell phone; and WHEREAS, a 2011 CDC study found that about one-third of drivers in the United States reported that they had read or sent text messages or emails while driving;and WHEREAS, in 2012, 3,328 people were killed in distraction-affected crashes, and an estimated 421,000 people were injured in motor vehicle crashes involving a distracted driver; and WHEREAS, texting is the most alarming distraction because it involves manual, visual, and cognitive distraction simultaneously;and WHEREAS, Florida State Senator for District 34 Maria Sachs is sponsoring Senate Bill 246 that would amend chapter 316, section 305 to double the amount of the fine prescribed for texting while driving violations when committed in a school zone or school crossing; and WHEREAS, Senate Bill 246 would also remove the requirement that specified provisions be enforced as a secondary action by a law enforcement agency. Currently under chapter 316, section 305, texting while driving is a secondary offense, which means that drivers cannot be stopped by law enforcement if they are texting while driving; drivers can only be cited for texting while driving if they are stopped by law enforcement for another offense. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City of Delray Beach supports Senate Bill 246 sponsored by Florida State Senator for District 34 Maria Sachs amending chapter 316, section 305 to include enhanced penalties for texting while driving violations when committed in a school zone or school crossing and removes the requirement that specified provisions be enforced as a secondary action by a law enforcement agency. Section 2. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on this the day of 2015. MAYOR ATTEST: City Clerk 2 Res No. 23-15 Florida Senate - 2015 SB 246 By Senator Sachs 34-00292-15 2015246 1 A bill to be entitled 2 An act relating to texting while driving; amending s . 3 316 . 305, F. S . ; revising penalties for violations of 4 the Florida Ban on Texting While Driving Law to 5 include enhanced penalties for such violations when 6 committed in a school zone or school crossing; 7 removing the requirement that specified provisions be 8 enforced as a secondary action by a law enforcement 9 agency; providing an effective date . 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1 . Section 316 . 305, Florida Statutes, is amended to 14 read: 15 316 . 305 Wireless communications devices; prohibition.- 16 (1) This section may be cited as the "Florida Ban on 17 Texting While Driving Law. " 18 (2) It is the intent of the Legislature to: 19 (a) Improve roadway safety for all vehicle operators, 20 vehicle passengers, bicyclists, pedestrians, and other road 21 users . 22 (b) Prevent crashes related to the act of text messaging 23 while driving a motor vehicle . 24 (c) Reduce injuries, deaths, property damage, health care 25 costs, health insurance rates, and automobile insurance rates 26 related to motor vehicle crashes . 27 (d) Authorize law enforcement officers to stop motor 28 vehicles and issue citations as a seeenelary e f fence to persons 29 who are texting while driving. Page 1 of 4 CODING: Words are deletions; words underlined are additions . Florida Senate - 2015 SB 246 34-00292-15 2015246 30 (3) (a) A person may not operate a motor vehicle while 31 manually typing or entering multiple letters, numbers, symbols, 32 or other characters into a wireless communications device or 33 while sending or reading data on such a device for the purpose 34 of nonvoice interpersonal communication, including, but not 35 limited to, communication methods known as texting, e-mailing, 36 and instant messaging. As used in this section, the term 37 "wireless communications device" means a handheld device 38 used or capable of being used in a handheld manner, which t- 39 is designed or intended to receive or transmit text or 40 character-based messages, access or store data, or connect to 41 the Internet or any communications service as defined in s . 42 812 . 15 and which that allows text communications . For the 43 purposes of this paragraph, a motor vehicle that is stationary 44 is not being operated and is not subject to the prohibition in 45 this paragraph. 46 (b) Paragraph (a) does not apply to a motor vehicle 47 operator who is : 48 1 . Performing official duties as an operator of an 49 authorized emergency vehicle as defined in s . 322 . 01, a law 50 enforcement or fire service professional, or an emergency 51 medical services professional . 52 2 . Reporting an emergency or criminal or suspicious 53 activity to law enforcement authorities . 54 3 . Receiving messages that are : 55 a. Related to the operation or navigation of the motor 56 vehicle; 57 b. Safety-related information, including emergency, 58 traffic, or weather alerts; Page 2 of 4 CODING: Words are deletions; words underlined are additions . Florida Senate - 2015 SB 246 34-00292-15 2015246 59 c. Data used primarily by the motor vehicle; or 60 d. Radio broadcasts . 61 4 . Using a device or system for navigation purposes . 62 5 . Conducting wireless interpersonal communication that 63 does not require manual entry of multiple letters, numbers, or 64 symbols, except to activate, deactivate, or initiate a feature 65 or function. 66 6 . Conducting wireless interpersonal communication that 67 does not require reading text messages, except to activate, 68 deactivate, or initiate a feature or function. 69 7 . Operating an autonomous vehicle, as defined in s . 70 316 . 003, in autonomous mode . 71 (c) Only in the event of a crash resulting in death or 72 personal injury, a user' s billing records for a wireless 73 communications device or the testimony of or written statements 74 from appropriate authorities receiving such messages may be 75 admissible as evidence in any proceeding to determine whether a 76 violation of paragraph (a) has been committed. 77 (4) (a) A person who violates paragraph (3) (a) commits a 78 noncriminal traffic infraction, punishable as a nonmoving 79 violation as provided in chapter 318 . For a violation committed 80 in a legally posted school zone or designated school crossing, 81 the amount of the fine prescribed for the violation shall be 82 doubled. 83 (b) A person who commits a second or subsequent 84 violation of paragraph (3) (a) within 5 years after the date of a 85 prior conviction for a violation of paragraph (3) (a) commits a 86 noncriminal traffic infraction, punishable as a moving violation 87 as provided in chapter 318 . For a violation committed in a Page 3 of 4 CODING: Words are deletions; words underlined are additions . Florida Senate - 2015 SB 246 34-00292-15 2015246 88 legally posted school zone or designated school crossing, 89 regardless of where the violation with respect to a prior 90 conviction was committed, the amount of the fine prescribed for 91 the violation shall be doubled. 92 (5) E n€e �e f this t ie -state—e r 1-eeallaw 94 aeti-e npief a ffieteia ael-,m6ele- I-tas been E et e,i fe= 95 _ piel-atie„ ef etl.,eiQ piQe�s±en of tY-4s elmp 96 eras t.. 320 er eha t�3 97 Section 2 . This act shall take effect October 1, 2015 . Page 4 of 4 CODING: Words are deletions; words underlined are additions . WHEREAS, the Paralyzed Veterans Association of Florida, Inc. (PVAF) is located in Fort Lauderdale; and WHEREAS, beginning in 1984, Paralyzed Veterans of Florida designated the week containing the date of their founding (April 14th) to honor America's paralyzed Veterans; and WHEREAS, this week-long series of public education activities allows Paralyzed Veterans and its members to showcase our commitment to America's Veterans and celebrate our accomplishments; and WHEREAS, the theme for this year's observance of PVAF Awareness Week is "The Big Push for Progress";and WHEREAS, it is important that we recognize the sacrifices made by our community's Veterans who are paralyzed; and WHEREAS, Veterans with disabilities have served their country when it needed them, and they continue to serve their communities; and WHEREAS, paralyzed Veterans help their fellow Veterans who are in Veterans Administration facilities, they meet with school children and boy and girl scout troops to share their experiences, and they aid all other people with disabilities by their advocacy for civil rights issues including achieving accessibility in public buildings; and NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of April 2015 as: PARALYZED VETERANS ASSOCIATION OF FLORIDA AWARENESS MONTH in the City of Delray Beach and encourage all residents to participate in activities associated with PVAF Awareness month and reflect upon the sacrifices endured by our community's veterans who are paralyzed. 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 6TH day of April, 2015. CARY D. GLICKSTEIN MAYOR i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 23, 2015 SUBJECT: AGENDA ITEM 8.L.2-REGULAR COMMISSION MEETING OF APRIL 6,2015 WATER CONSERVATION MONTH PROCLAMATION BACKGROUND Water Conservation Month is an annual event designed to increase awareness about the importance of water conservation. 2015 marks the 17th anniversary since April was first established as Water Conservation Month in Florida. To recognize these efforts, the Florida Section of the American Water Works Association and the South Florida Water Management District are once again asking local governments, water utilities and other organizations to adopt a resolution or proclamation declaring April as Water Conservation Month. DISCUSSION The City of Delray Beach encourages and supports water conservation, through various educational programs and events that help citizens understand how they can help save Florida's precious water resources. The City has supported the South Florida Water Management District initiative for many years. TIMING OF THE REQUEST This item is time sensitive. The month of April is traditionally designated as Water Conservation Month in Florida. RECOMMENDATION Staff recommends approval of the proclamation. WHEREAS,water is a basic and essential need of every living creature; and WHEREAS, the State of Florida, Water Management Districts and the City of Delray Beach are working together to increase awareness about the importance of water conservation; and WHEREAS, April, typically a dry month when water demands are highest, is annually designated as Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, the City of Delray Beach encourages and supports water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference and help by efficiently using water, thus promoting a healthy economy and community; and NOW, THEREFORE, I, CARY D. GLICKSTEIN,Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of April 2015 as: "WATER CONSERVATION MONTH" and call upon each citizen and business in the City of Delray Beach to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 61h day of April, 2015. CARY D. GLICKSTEIN MAYOR i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: March 30, 2015 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF APRIL 6,2015 REVIEW OF APEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Planning and Zoning Board Meeting of March 16, 2015 There were no appealable items considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with conditions (5 to 0, Jay Jacobson and Joseph Pike absent), of a final subdivision plat for Cherokee Plat, a proposed 4-lot subdivision located at the southeast corner of Swinton Avenue and NW 8th Street. B. Recommended approval (5 to 0, Jay Jacobson and Joseph Pike absent), of a final subdivision plat for 150 Oceanside Plat, a proposed 6-unit townhouse development, located at the southwest corner of Thomas Street and Andrews Avenue. C. Recommended approval with conditions (5 to 0, Jay Jacobson and Joseph Pike absent), of conditional use requests to allow an increase in density in excess of thirty (30) units per acre (51.67 units per acre proposed) and to allow the building height to exceed 48 feet (57' proposed) for The Metropolitan, a proposed mixed-use development located at the northeast corner of SE 3rd Avenue and SE I st Street. Concurrently, the Board recommended approval of a waiver to LDR Section 4.7.9(i), to allow the increase in the percentage of one-bedroom units from the maximum allowed 30%to 50%. D. Recommended approval (5 to 0, Jay Jacobson and Joseph Pike absent), of an amendment to Land Development Regulations Section 4.6.9 "Off-Street Parking Regulations" Subsection 4.6.9(E) "Location of Parking Spaces; Sub-subsection 4.6.9(E)(3) "In-Lieu Fee" Creating Two Incentive Areas. E. Approved (5 to 0, Jay Jacobson and Joseph Pike absent), the initiation of amendments to the Land Development Regulations regarding the relocation and/or demolition of structures within a designated historic district, or which are individually listed on the Local Register of Historic Places. F. Initiated(5 to 0, Jay Jacobson and Joseph Pike absent), the Annual Infrastructure Needs Process. Site Plan Review and Appearance Board Meeting of March 11, 2015 1. Approved (6 to 0, Jose Aguila absent), a request for a color change associated with replacing the existing awning fabric for D & D Acquisitions, located at the southwest corner of West Atlantic Avenue and Congress Avenue (2160 West Atlantic Avenue). 2. Postponed (5 to 1, Roger Cope dissenting and Jose Aguila absent), a Class I site plan modification request associated with architectural elevation changes for Outback Steakhouse, located at the southwest corner of Linton Boulevard and Waterford Place (1350 Linton Boulevard). 3. Approved (6 to 0, Jose Aguila absent), a Class I site plan modification associated with the installation of awnings for Euro Stone, located on the north side of West Atlantic Avenue, west of Congress Avenue (2165 West Atlantic Avenue). 4. Denied (6 to 0, Jose Aguila absent), a Class I site plan modification associated with the installation of an awning for Express Docs, located on the east side of Military Trail, north of West Atlantic Avenue (14530 South Military Trail). 5. Approved with conditions (5 to 0, Andrew Youngross stepped down and Jose Aguila absent), a Class II site plan modification and landscape plan associated with parking lot modification and site lighting upgrades for The Gill Law Firm, located at the southwest corner of SW 1St Street and SW 11th Avenue (104 SW 1 Ith Avenue). Concurrently, the Board approved a waiver to LDR Section 4.6.16 (H) (3)(i)] to reduce the required nine (9') foot terminal landscape islands to 8.03' adjacent to the northernmost parking space along the alleyway; 8' 6" adjacent to the southernmost parking space located south of the building and 0' between the handicap space and the building. 6. Approved with conditions (6 to 0, Jose Aguila absent), a Class III site plan modification associated with the construction of a 3,756 sq. ft. building addition for JTS Woodworking, located at the southeast corner of Marty Fladell Drive and NW 18th Avenue (71 NW 18th Avenue). The landscape plan was approved on a 5 to I vote (James Chard dissenting and Jose Aguila absent) and the architectural elevation plan was approved on a 6 to 0 vote (Jose Aguila absent). Concurrently, the Board also recommended approval of a waiver to LDR Section 4.4.19 (H)(3), to waive the requirement that overhead doors shall be prohibited from facing a public right-of-way. 7. Postponed (5 to 0, Andrew Youngross stepped down and Jose Aguila absent), a Class I site plan modification associated with the construction of a new one-story 987 sq. ft. building for Little Fenway Concession Building, located on the east side of SW 4th Avenue, south of Linton Boulevard within Miller Park(1901 SW 4th Avenue). Site Plan Review and Appearance Board Meeting of March 25, 2015 7. Approved (5 to 0, Jose Aguila stepped down and Andrew Youngross absent), a Class I site plan modification associated with the construction of a new one-story 987 sq. ft. building for Little Fenway Concession Building, located on the east side of SW 4th Avenue, south of Linton Boulevard within Miller Park(1901 SW 4th Avenue). 8. Approved (5 to 1, Alice Finst dissenting and Andrew Youngross absent), a Class I site plan modification associated with the installation of an awning at the guard house at Harbour's Edge, located at the northwest corner of Linton Boulevard and the Intracoastal Waterway (401 East Linton Boulevard). 9. Approved with conditions (4 to 0, Terra Spero and Jim Knight stepped down and Andrew Youngross absent), a Class III site plan modification application associated with a change of use from a professional/business office to medical office for Sober Living Outpatient, located at the southwest corner of SW 10th Street and Miami Boulevard (112 SE 10th Street). Concurrently, the Board approved a special action request to allow the reduction of parking spaces required pursuant to LDR Section 4.6.9 (C)(4)(c), by seventeen (17) spaces (from the 25 parking spaces required to the 8 parking spaces provided). Historic Preservation Board Meeting of March 18, 2015 10. Approved (6 to 0, Ronald Brito absent), a request for Ad Valorem tax exemption associated with additions and alterations on a contributing property located at 42 Palm Square. 11. Approved with conditions (6 to 0, Ronald Brito absent), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of use from a single family residence to a child care facility for Sunflower Creative Child Care located at 227 Dixie Boulevard in the Del-Ida Park Historic District. Concurrently, the Board approved the following waivers: a. Approve the waiver to LDR Section 4.5.1(E)(3)(b)1.a., which requires parking to be located adjacent to the building or in the rear, whereas the six (6) spaces facing Dixie Boulevard are forward of the structure. b. Approve the waiver to LDR Section 4.6.16(E)(3), which requires that a nine foot (9') island terminate each parking row, whereas a width of five feet (5') has been provided at the east side of the property, and a width of six feet, four inches (6'4") has been provided adjacent to the handicap space. 12. Postponed (6 to 0, Ronald Brito absent), a Class V site plan, a Certificate of Appropriateness and variances associated with the conversion of a duplex to a single- unit and the addition of two residential units for 101 SE 7th Avenue located in the Marina 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 March 9, 2015 thru March 27, 2015. TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) By motion,receive and file this report. CITY COMMISSION MEETING A 0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH APRIL 6, 2015 PLANNING &ZONING DEPARTMENT o � I _.._ 1_.. j Q > 1 o � 9 George Bush Blvd Lakelda Rd o 11 1 t'— 6 �••= Q 12 1 �..._.. 1..._.. 1 2n t 10 1 5 Z �._.._ ............ ..i n4 4 1 � 1 . W Atlantic Ave nd St Q Q' 1 3 c 1 i.._.y U 1 a 9 > a 1 0 > 1 o Q c Co (D SW 10th St v owson Blvd o O 1 2 1 1 8 j inton Blvd cn — 7 1 ermca? m 1 1 1 n > x c 1 jm �' J.. "..j ti_.._. (n a w W 1 0 o p m 1 > Q) Q) c co u_u_u_.._.._.._.._.._.._.._.._.._.._u_u_ • u_.._.._.._ U U SPRAB: HPB: 1. D & D ACQUISITIONS 5. THE GILL LAW FIRM 10. 42 PALM SQUARE 2. OUTBACK STEAKHOUSE 6. JTS WOODWORKING 11. 227 DIXIE BLVD. 3. EURO STONE 7. LITTLE FENWAY CONCESSION BUILDING 12. 101 SE 7TH AVENUE 4. EXPRESS DOC 8. HARBOUR'S EDGE 9. SOBER LIVING OUTPATIENT Document Path: S:\Planning &Zoning\DBMS\GIS\City Commission Maps\City Commission Map 4-6-15.mxd i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 25, 2015 SUBJECT: AGENDA ITEM 8.N.1 -REGULAR COMMISSION MEETING OF APRIL 6,2015 BID AWARD TO REPUBLIC CONSTRUCTION CORPORATION BACKGROUND Consider an award to Republic Construction Corporation in the amount of$47,010.00 for the North & South Ocean Boulevard Beach Gazebos Replacement Project, (P/N 2014-090). Conceived by the citizens and the City of Delray Beach, the Beach Master Plan is a collaborative effort and unified vision for the future transformation of the beach district area. In short, it charts a course for growing into the future while evoking the charms of the past every step along the way; the plan serves as a framework for improving and enhancing the look and feel of this important and visible part of the City. The implementation of the Beach Master Plan began last summer with the replacement of the largest of the three beach pavilions; on March 26, 2014, the city officially opened the new pavilion with a ribbon- cutting ceremony attended by a large assembly of Delray Beach residents from all parts of the city. The next phase of the beach master plan consists of the complete replacement of two smaller gazebo structures located along State Road AlA. These gazebos will be rebuilt utilizing new timber frames, tongue and groove roof decks, aluminum roofs, decorative railings and all stainless steel hardware and fasteners. Staff solicited bids through the formal competitive bid process; three (3) responses were received by Purchasing. Based in Delray Beach Florida, Republic Construction Corporation has successfully completed multiple City of Delray Beach projects. The bid submission contained all of the required documentation and was very thorough. The bid amount submitted by Republic Construction is consistent with the probable cost estimate prepared by the architect of record, Currie Sowards Aguila Architects. It should be noted that the Lattner Family Foundation donated $40,000.00 to the Beach Property's Owners Association to be used for the renovations of both beach gazebos; the grant was given in memory of Forrest C. and Frances H. Lattner. Soon after, Parks and Recreation Director, Suzanne Davis, issued an acknowledgment letter thanking the Latnner Family Foundation for the donation. In addition, $3,331.00 was raised during the 2014 Savor the Avenue event, participants included the Downtown Development Authority, Delray Beach Magazine and sixteen Downtown Delray Beach restaurants. Also, additional countless amounts have been donated through the architectural services of Robert Currie, BPOA Vice-President and founder of Currie Sowards Aguila Architects. The method of acquisition for services under this award recommendation was performed in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A) (1). FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider award of bid to Republic Construction Corporation in the bid amount of$47,010.00; the firm submitted a complete bid package that meets the criteria set forth in the bid documents and is the lowest responsive bid. FUNDING SOURCE Funding is available from 334-4141-572-68.83 (General Construction Fund/Parks & Recreation/Beach Pavilion). RECOMMENDATION By motion, approve an award to Republic Construction Corporation in the bid amount of$47,010.00. s , 1 i ' NORTH END GAZEBO LAING ST W+ LOCATION a li II 1 I � s / __ •1 f SOUTH • NASSAU ST W+ LOCATION gig r o W m W �- ® d M } } co _ 1 a ® ® Q cc o � 0 0 � I. CL a � Om a o w G4 4A m o N as o p ° n ® ® Q Q Q o .0 n 'n � u Z z z Y Q W A Z `. c r p qs W d Cl)Cli 0 p ° z ° = w p v, a `O = Q lu } ul O N O V m O OQ � Y z a Q �% � c 0 m Q s, V � 0 � m O Z C o+ V O z V Z O O z u O o O O N ce z 16 X O �C t� W z z z !�su m r ox 3 3 Ix C4 �J J � H E m Z !a LJ IL W 4 n vi E: ro V IL C N. 0 W j C O U � 4 Cl v W p r��• N Ul LL. v Z � rl a=l L mO a a L W 19 W o :i z r- � pc, N =M C4 A co o v d ! a a rA W W W W �} m � M !■ t W m m m OC m W a J La W :° � C O IL ��.. i C6 ��® 1: v o a Q © w n ' LL .. r d D litz CL Z a LATTNER FAMILY FOUNDATION, INC. 777 EAST ATLANTIC AVENUE SUITE 317 DELRAY BEACH, FLORIDA 33483 Martha Lattner Walker (561)278-3781 •FAX(561)278-3167 Chairman www.lattnerfoundation.org Andrew L.Harris Trustee Richard M.Harris Trustee Susan B.Walker Trustee Forrest C.Brown,M.D. Trustee Janet Barnes Trustee June 26, 2014 Mr. Robert Victorin President Beach Property Owner's Association 777 E. Atlantic Avenue Suite 272 Delray Beach, Florida 33483 Dear Mr. Victorin: It is our great pleasure to inform you that the Lattner Family Foundation has approved a grant of$40,000.00 to the Beach Property Owner's Association to be used for the Gazebos on A1A Avenue restoration project named in memory of Forrest C. and Frances H. Lattner. We hope you will use this money to help build a gazebo close to 402 N. Ocean Blvd where the Lattner's lived and another located on S. Ocean Blvd. This grant is given in memory of Forrest C. and Frances H. Lattner. We extend our best wishes to you for continued success in your efforts to revitalize the beach along A I A in Delray Beach. Sincerely, -° -� W C� L . a4 Martha L. Wafer, Chairman EITY OF D BENCH DELRAY BEACH F L o n i o r. 100 N.W. 1st AVENUE + DELRAY BEACH, FLORIDA 33444 + 5611243-7000 bftd � r Q 1993November 6, 2014 2001 Martha L. Walker Lattner Family Foundation, Inc. 777 East Atlantic Avenue, Suite 317 Delray Beach, Florida 33483 Dear Ms. Walker: This letter is to acknowledge receipt of $40,000.00 from the Lattner Family Foundation to be used for restoration of the Gazebos on AIA Avenue in memory of Forrest C. and Frances H. Lattner. Your check #2509 in the amount of$40,000.00 was deposited on November 6, 2014 and a copy of the receipt is enclosed. Any donation made to the City of Delray Beach for a public purpose is considered tax deductible according to IRS Publication 526. Sincerely, Suzanne Davis Director of Parks and Recreation Enclosure cc: Barbara Carlson Chief Accounting Officer ,SEPVICE + PEPFORMANCE • INTEGRITY + RESPONSIBLE + INNOVATIVE ° TEAMWOPK On behalf of the Downtown Development Authority, Delray Beach Magazine and the 16 Downtown Delray Beach restaurants that participated in the 2014 Savor the Avenue, we are pleased to present a donation generated from this event of $3,331 .00 to be put towards the Beach Beautification Project. 1000 attendees Raffle of a painting of the event by Pati Maguire Restaurants: 1 . Tryst 2. 32 East 3. Cabana El Ray 4. Prime 5. Salt? 6. Racks 7. The Office 8. Taverna Opa 9. City Oyster 10. Vic and Angelo's 11 . Caffe Luna Rosa 12. 50 Ocean 13. Sundy House 14. Solita 15. Lemon Grass 16. Cut 432 Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid �/ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Bid Award 2015-17. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 16, 2015 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF APRIL 6,2015 SERVICE AUTHORIZATION NO. 12.06/DENNIS J.LEAVY&ASSOCIATES,INC./N.E. 7TH AVENUE ALLEY BACKGROUND Request approval of Service Authorization #12-06 to Dennis J. Leavy & Associates in the amount of $5,530.00 for the survey of NE 7th Ave Alley, project number 2015-035. This request is for surveying services associated with NE 7th Ave. alley improvements. The survey will be used to provide the design needed to pave the alley. The City has authorized $20,870 of work with Dennis J. Leavy & Associates in the current fiscal year. This additional statement of work requires approval. The recommendation for approval is in compliance with Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (C) "Direct Acquisition Method" (3) "Professional Services". Fiscal year expenditures with Dennis J. Leavy & Associates will exceed $25,000. This amount of spending requires Commission approval under Code Section 36.03(B), "Multiple acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". The original agreement with Dennis J. Leavy &Associates, Inc. was executed in April 26, 2012. Amendment No.I was executed in May 6, 2014, extending the agreement through April 26, 2015. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider approval of Service Authorization#12-06 to Dennis J. Leavy &Associates, Inc. in the amount of$5,530.00, for the survey of NE 7th Ave Alley, project number 2015-035. OPERATING COST TIMING OF THE REQUEST This project is funded in the current CIP. FUNDING SOURCE Funding is available from account# 448-5461-538-63.90 (Storm Water Utility Fund/NE 7th Ave Alley) RECOMMENDATION By motion, approve Service Authorization #12-06 to Dennis J. Leavy & Associates, Inc. in the amount of$5,530.00, for the survey of NE 7th Ave Alley, project number 2015-035 Project. i LJ Z LL[J I I I I t N.E. 13TH ST. 4i Q W X D N.E. 12TH ST. E o L.i J > O Q N.E. 11TH ST. HFU0 M N.E. 10TH ST. Go Go N.E. 9TH 4i > a 0 � 4J W Z L-----J . � Z o GEORGE BUSH BOULEVARD GEORGE BUSH BOULEVARD LL LL a G� ,ri QP Q N.E. 7TH CT. o Q N.E. 7TH ST. QO 0 0 _ Z o n O j m c �� m Q H N.E. of 7TH ST. o O o N.E. 6TH ST. Z w D G�. Q o � � Z 0, N.E. 5TH TERR. �° N.E. 6TH = 3 H m L Z a � o � z } (n N Li J a �P� N.E. 5TH CT. w w O z a N.E. 5TH ° O O Z Z N.E. 5TH ST. r } Ln = 2 U / W W N VI u z Z O v N.E. 4TH ST. Lo CITY of DELRAY BEACH NE 7TH AVE ALLEY DATE:01/14/2015 °®d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP NE 71H Alf ALLEY NAP j p©p 434 SOUTH 9MNTON AVENUE,DELRAY BEACH,FLOPoDA 33444 2015-035 QF vi City of Delray Beach Land Surveying Consulting Services CONSULTING SERVICE AUTHORIZATION DATE: 02/19/15 CONSULTANT: Dennis J. Leavy &Associates, Inc. SERVICE AUTHORIZATION NO. 12-06 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO, 2015-035 CONSULTANT PROJECT NO. 15-012-001 TITLE: NE 7th Avenue Alley This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services: Contract. I. PROJECT DESCRIPTION Prepare a Topographic Survey as defined in Rule 5J-17.050(10(k) of the Minimum Technical Standards as adopted by the State of Florida Board of Professional Surveyors and Mappers. II. SCOPE OF SERVICES Dennis J. Leavy & Associates, Inc. will provide survey services consisting of field topography and horizontal locations from right-of-way to right-of-way for approximately 510 linear feet (see attached maps) on the North side of George Bush Boulevard lying between NE 7th Avenue and NE 8th Avenue. The control will be referenced from the Palm Beach County Horizontal Control Network which is based upon 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 above ground facilities and utilities within the design limits will be located and will include the following: A. Topography survey sections at 25-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. Pertinent data shall be collected in the field and shall include the following: 1. Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, parking meters, and other encumbrances. 2. Location of all known above ground existing utilities: FP&L, AT&T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), 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. 3. Identify platted rights-of-way (jncluding bearing and distances for centerline), lot City of Delray Beach Land Surveying Consulting Services numbers, address, ownership lines and block numbers. 4. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline grades, edge of pavement grades, high points, low points and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks. 5. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. B. The above topographical survey data will be prepared in AutoCAD Civil 3D (Version 2015) format at a scale of 1"=20'. III. BUDGET Principal Surveyor 3.0 hours $ 330.04 Project Surveyor 5.0 hours $ 475.02 Field Crew 25 hours $ 3,000.20 CADD Technician 26 hours $ 1,689.69 Clerical 1 Administration $ 35.05 Total $ 5,530.00 IV. COMPLETION DATE 10 Business Days from the Notice To Proceed. City of Delray Beach Land Surveying Consulting Services This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in" its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date 19110 By Cary D. Glickstein, Mayor (Seal) `V 1, ess (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this I Ci44.,% day of -Fe -t icC ,e 201 , was acknowledged by Da vt of ! on behalf of the Corporation ray! i._� 7T Lao V CA and said person executed the same free and voluntarily for the purpose there-in express d. Witness m hand and seal in the Count and State aforesaid this y Y Y �_da of F-e-` a,LxcjOL , 201 i Notary Public State of Florida My Commission Expires: SUSAN DIETZ My COMMISSION#EE129671 EXPIRES:September 08,2015 J-W0.3-NOTARY Fl.Na wy nwaali Agm.Co. Purchasing Compliance Checklist 36.02 (A) Amount: 1$2,500 to under $10,000 (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑ 36.03(A) $25,000 and above (4) Speciality Good ❑✓ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Service authorization, current fiscal year to date authorizations with this vendor are $20,870 with the additional authorization the total will be $26,400. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 26, 2015 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF APRIL 6,2015 STREET LIGHTING AGREEMENT/FLORIDA POWER AND LIGHT(FPL)/FEDERAL HIGHWAY BEAUTIFICATION PROJECT BACKGROUND Consider execution of the Street Lighting Agreements (SLA) with Florida Power and Light (FPL) in the amount of$63,805.80 for the removal of existing cobra head street lights and poles in conjunction with the Federal Highway Beautification Project#2009-009. The SLA provides FPL authorization and funding to remove thirty (30) cobra head fixtures and nineteen (19) poles on NE/SE 5th Avenue from NE 2nd Street to SE 2nd Street in the amount of$34,138.84 and remove twenty-six (26) cobra head fixtures and sixteen (16) poles on NE/SE 6th Avenue from NE 2nd Street to SE 2nd Street in the amount of $29,666.99. The existing cobra head street lights are being replaced by the new decorative street lights that are being installed as part of the Federal Highway Beautification Project. Funding shall be provided directly by the Community Redevelopment Agency in the amount of $63,805.83 to FPL as approved by the CRA Board meeting held on March 12, 2015. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider approval of the Street Lighting Agreements (SLA) with Florida Power and Light (FPL) for the removal of existing cobra head street lights and poles in conjunction with the Federal Highway Beautification Project#2009-009. TIMING OF THE REQUEST The approval of this item is of high importance and is required to initiate the timely construction of the Federal Highway Beautification Project. FUNDING SOURCE Funding shall be provided directly by the Community Redevelopment Agency in the amount of $63,805.83 to FPL as approved by the CRA Board meeting held on March 12, 2015. RECOMMENDATION Through a motion, execute the Street Lighting Agreements (SLA) with Florida Power and Light (FPL) for the removal of existing cobra head street lights and poles in conjunction with the Federal Highway Beautification Project#2009-009. 1 _ ■ N MEN"" � MUM mill 111 ■• m =■■■■11111 mm MT 16 m"d LOCATION MAP --TING STREET LIGHT REMOVAL 1 IIII�� ■ ■■ III 111 1�1111111��I11111�/�== 11 � / IIIIIIII�IIIIIIIII � - ■ ■ ■ 1� / _ ■111■ . III ■111. ■ � ■ ■ ■ T FPL FPL Account Number.93539-18403 FPL Work Order Number:5583869 STREET FIGHTING AGREEMENT In accordance with the following terms and conditions,City of Delray Beach(hereinafter called the Customer), requests on this day of 2615 , from FLORIDA POWER&LIGHT COMPANY(hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of street lighting facilities at(general boundaries) NElSE 6th AVE from SE 2nd ST to NE 2nd ST, located in Delray Beach/Palm Beach County,Florida. (a) Installation and/or removal of FPL-owned facilities described as follows: Lights Installed Lights Removed Fixture Rating Fixture Type #Installed Fixture Rating Fixture Type #Removed (in Lumens) in Lumens) 22000 Cobra Head 14 16000 Cobra Head 12 Poles Installed Pales Removed Conductors Installed Conductors Removed Pole Type #Installed Pole Type #Removed Concrete 17 1 Feet not Under Paving Feet not Under Paving Wood 9 Feet Under Paving Feet Under Paving (b) Modification to existing facilities other than described above(explain fully): That,for and in consideration of the covenants set forth herein,the parties hereto covenant and agree as follows: FPL AGREES: 1. To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the Customer the electric energy necessary for the operation of the Street Lighting System, and furnish such other services as are specified in this Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service Commission(FPSC)or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of$29.666.99 prior to FPL's initiating the requested installation or modification. 3. To purchase from FPL all of the electric energy used for the operation of the Street Lighting System. 4. To be responsible for paying,when due,all bills rendered by FPL pursuant to FPL's currently effective street lighting rate schedule on file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. To provide access,final grading and,when requested,good and sufficient easements,suitable construction drawings showing the location of existing and proposed structures, identification of ail non-FPL underground facilities within or near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Street Lighting System. 6. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights-ef--way or easements required by FPL to accommodate the street lighting facilities. Psp i ore IT IS MUTUALLY AGREED THAT: 7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined as the following: a. the addition of street lighting facilities: b. the removal of street lighting facilities;and c. the removal of street lighting facilities and the replacement of such facilities with new facilities and/or additional facilities. Modifications will be subject to the costs identified in FPL's currently effective street lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. 8. FPL will, at the request of the Customer, relocate the street lighting facilities covered by this agreement, if provided sufficient right-of-ways or easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer-requested relocation of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation. 9. FPL may, at any time,substitute for any luminaire/lamp installed hereunder another luminairellamp which shall be of at least equal illuminating capacity and efficiency. 10. This Agreement shall be for a term of ten(10)years from the date of initiation of service,and,except as provided below,shall extend thereafter for further successive periods of five(5)years from the expiration of the initial ten(10)year term or from the expiration of any extension thereof. The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement. This Agreement shall be extended automatically beyond the initial the (10)year term or any extension thereof, unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given not less than ninety(90)days before the expiration of the initial ten(10)year term,or any extension thereof. 111. In the event street lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination or breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities provided by FPL under this agreement less any salvage value and any depreciation(based on current depreciation rates as approved by the FPSC)plus removal cost. 12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise fail to perform the obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement.Any failure of FPL to exercise its rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of the terms and conditions of this Agreement. 13. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus prevented from compliance, and FPL shall not have the obligation to furnish service if it fs prevented from complying with this Agreement by reason of any partial, temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating or other electrical equipment. 14. This Agreement supersedes all previous Agreements or representations,either written,oral or otherwise between the Customer and FPL,with respect to the facilities referenced herein and constitutes the entire Agreement between the parties.This Agreement does not create any rights or provide any remedies to third parties or create any additional duty,obligation or undertakings by FPL to third parties. 15. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL, this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL. 16. This Agreement shall inure to the benefit of,and be binding upon the successors and assigns of the Customer and FPL. 17. This Agreement is subject to FPL's Electric Tariff, including, but not limited to,the General Rules and Regulations for Electric Service and the Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules,the provisions of the Flectric Tariff and FPSC Rules shall control,as they are now written,or as they may be hereafter revised,amended or supplemented. IN WITNESS WHEREOF,the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be effective as of the day and year first written above. Charges and Terms Accepted: City of Delray Beach FLORIDA POWER&LIGHT COMPANY Customer(Print or type name of Organization) By: By: Signature(Authorized Representative) (Signature) John R.Van Vleet (Print or type name) (Print ortype name) Title: Title: Senior Technical Specialist Ysge 2of2 0 F=PL FPL Account Number.9353948403 FPL Worts Order Number:6563696 STREET LIGHTING AGREEMENT In accordance with the following terms and conditions,City of Delray Beach(hereinafter called the Customer),requests on this day of 2015 ,from FLORIDA POWER&LIGHT COMPANY(hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of street lighting facilities at(general boundaries) NE/SE a AVE from SE 2'ST to NE 2M ST, located in Delray Beach/Palm Beach County,Florida. (a) Installation andlor removal of FPL-o%vned facilities described as follows: Lights Installed Lights Removed Fixture Rating Fixture Type #Installed Fixture Rating Fixture Type #Removed in Lumens in Lumens 22000 Cobra Head 15 15000 Cobra Head 14 6300 Corbra Head 1 Poles Installed Poles Removed Conductors Installed Conductors Removed Pole Type #Installed Pole Type #Removed Concrete 4 Feet not Under Paving Feet not Under Paving M W__ Wood 15 Feet Under Paving Feet Under Paving (b) Modification to existing facilities other than described above(explain fully): That,for and in consideration of the covenants set forth herein,the parties hereto covenant and agree as follows: FPL AGREES: 1. To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), fumish to the Customer the electric energy necessary for the operation of the Street Lighting System, and furnish such other services as are specified in this Agreement, all in accordance vAth the terms of FPUs currently effective street lighting rate schedule on file at the Florida Public Service Commission(FPSC)or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of$ prior to FPL's initiating the requested installation or modification. 3. To purchase from FPL all of the electric energy used for the operation of the Street Lighting System. 4. To be responsible for paying,when due,all bills rendered by FPL pursuant to FPUs currently effective street lighting rate schedule on file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. To provide access, final grading and,when requested,good and sufficient easements,suitable construction drawings showing the location of existing and proposed structures, identification of all non-FPL underground facilities within or near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Street Lighting System. 6. To perform any clearing,compacting, removal of stumps or other obstructions that conflict with construction,and drainage of rights-of-way or easements required by FPL to accommodate the street lighting facilities. Pali:I N 2 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 14, 2015 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF APRIL 6,2015 CONTRACT AWARD/DEVLAND DEMOLITION AND SITE,INC./LIME SLUDGE REMOVAL AND DISPOSAL BACKGROUND Request consideration for an award to Devland Demolition and Site, Inc. for Lime Sludge Removal and Disposal from the Water Treatment Plant for an initial term of two years, at a unit cost of $5.97 per cubic yard, at an estimated annual cost not to exceed $210,000 per fiscal year, and contingent upon subsequent approval of fiscal year operating budgets. The Water Treatment Plant (WTP) generates a large amount of sludge with the use of ferric chloride as an enhanced coagulant. Funding for the removal and disposal of lime sludge is requested and approved in the division's annual operating budget. Utilizing a formal bid process, the City opened bids on March 12, 2015. The following vendors submitted bids with associated unit pricing per cubic yard for removal and disposal: • Devland Demolition and Site, Inc. $5.97/cubic yard • Prolime, Inc. $9.98/cubic yard Therefore, staff's recommendation is to award to Devland Demolition and Site, Inc., as the lowest responsive bidder. Performance history with Devland has been satisfactory in previous years. The initial contract term is two (2) years, with the option to renew for two (2) additional one (1) year periods. Renewal periods will require City Commission approval. At time of renewal, the contractor may request for consideration, an economic price adjustment based upon a recognized economic indices. This item was bid according to Code of Ordinances, Chapter 36, 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 City Commission approval. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider an award to Devland Demolition and Site, Inc. for Lime Sludge Removal and Disposal from the Water Treatment Plant for an initial term of two years, at a unit cost of$5.97 per cubic yard, at an estimated annual cost not to exceed $210,000 per fiscal year, and contingent upon subsequent approval of fiscal year operating budgets. TIMING OF THE REQUEST The timing of the request is of high importance as removal of sludge is critical to the water treatment operations. FUNDING SOURCE Funding is available from operating account #441-5122-536-34.90, Water Treatment and Storage/Contractual Services. RECOMMENDATION Through a motion, approve an award to Devland Demolition and Site, Inc. for Lime Sludge Removal and Disposal from the Water Treatment Plant for an initial term of two years, at a unit cost of $5.97/cubic yard, at an estimated annual cost not to exceed $210,000 per fiscal year, contingent upon subsequent approval of yearly operating budgets. � 2 a � E / Ln � 0 0 � a E w k m 0 /L L § to a m t6 2 0 f 0 ■ 00 o a 0 qj)- 2 m « © 0 a q E vi 2 0 0 2 -i E � �_ O Z 2 � � LLJ LLI 0 LLI ° o � > c 00 / L 2 LLI J q T 2 L 0 ¢ c � � � � 0 2 � E 2 a) fto E A 2 e 0 rq O K a 0 k 2 / 2 7 LLI 2 ■ ■ _ > c 0 z c 2 m o p 0 / uj z u / k - E � 3 o LU LA § E LU E 2 ca ° u 0 / / m I= Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid �/ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Bid award 2015-32 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 27,2015 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF APRIL 6,2015 SIDEWALK AND PARALLEL PARKING CLOSURE/CANNERY ROW DELRAY BEACH BACKGROUND Cannery Row Delray Beach, located west of NE 2nd Avenue and east of NE 1st Avenue,north of NE 3rd Street and south of NE 4th Street, is planning to begin construction of Phase II of the development. Ironwood Construction Services, LLC, the General Contractor, is requesting approval to close the existing sidewalks and parallel parking to pedestrian traffic for about six(6)months (ending on October 30,2015)as a life safety measure protecting both pedestrian and vehicular traffic. The reasoning for the sidewalk and parallel parking closure request is because the General Contractor plans to erect scaffolding along these streets to accommodate the construction of the development. To mitigate safety concerns and potential damage to vehicles, sidewalks and parallel parking surrounding portions of the development will be closed to pedestrian access and parking. At the February 27, 2015 DSMG (Development Services Management Group) meeting, it was recommended that a portion of the sidewalks and parallel parking should be closed(6 months)to public access due to the erection of the scaffolding as well as the close proximity of the construction of town- homes. The General Contractor requested approval to extend the 6 month closure of the sidewalks and parallel parking, if needed to complete the project, providing the City 30 days written notice, and with Commission approval. The General Contractor submitted a Maintenance of Traffic drawing directing pedestrians around the work area. DISCUSSION Consider approval to close the existing sidewalks and parallel parking to pedestrian traffic for a period of 6 months for the construction of Cannery Row Delray Beach Phase II. TIMING OF THE REQUEST The timing of this request is of high importance to keep in schedule with the General Contractor. FUNDING SOURCE RECOMMENDATION By motion, approve closure of the existing sidewalks and parallel parking to pedestrian traffic for a period of 6 months for the construction of Cannery Row Delray Beach Phase II. --NORTH '- E4t t - Mm a rr- 3 o � Q CA NERYRO — EXISTING SIDEWALK & PARALLEL PARKING EXISTING SIDEWALK & CLOSED PARALLEL PARKING I CLOSED Z --- _ cn NE r8 St EXISTING SIDEWALK & �I PARALLEL PARKING D I CLOSED . a 'e e CANNERY ROW Document Path S'.\Eng CADD\GIS\Projects\Kras..lt ,,.I_of_Qty—d � s� .�'�l �o a � � � � z � �� `� � Q - � � � � � . _ , �� E / y � � � � � � � �, �� ,_ (( 1 ; V 1 ` j �` L/ i � ^�Rt l - r _ .� , ... i M w N2lOM Old dri I - c � 3N3H S50N� a�o QIS � u • a 7 fir. 41 4 w © W L o coo JJNJJPJFWL�� LO ti 's i.a ,. �ky.. ♦ SIDEWALK �q N �2 v Ns oEw K CRO55 HERE _ w� O �M1 R ROAD a N 'WORK- - IL [7 1 W A#I w EAO O K Y0O a'5V (� Q W W Lu Lu F J 1 LL LU a � _ 4O - 1 �� v , •. °' � --ter ..:,�. •=-_' ,„{� Z� x -s 7. cc LL Mal H h V _ jig too CN LU LO P�L-�f� Jo a list S Q� cc Ln k �e Lu u) to rA cn Lu rn co :o. m0Y %oU se X cl: kn 5i. 4-- UD -4 Lu CN M Lw LI) U-1 LQ cc ID Lq, u LA Q ct, —j u x i / .® � uj 1. N.I LLj ul In Ll N FN PSBOEVN ! W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 13, 2015 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF APRIL 6,2015 BID AWARD/DP DEVELOPMENT OF THE TREASURE COAST,LLC BACKGROUND Consider awarding a contract to DP Development of the Treasure Coast, LLC in the amount of $303,720.00 for the Osceola Park Alleys Phase II, Pineapple Grove Drainage, and Lime Lane Improvements,project numbers: 2013-015, 2013-064, and 2015-068. In an effort to obtain the best possible overall price for the above projects, three projects were combined into a single bid package. The three projects include: Osceola Park Alleys Phase II (3 alleys), Pineapple Grove Drainage and Lime Lane Improvements. Osceola Park Alleys are funded by the CRA as part of their effort to improve alleys throughout the district. Pineapple Grove Way will correct a drainage issue on Pineapple Grove Way near E. Atlantic Avenue. Lime Lane includes paving of the unpaved portion of Lime Lane. In 2007 Germantown Venture, LLC. contributed $6,000.00 toward improving the unpaved portion of Lime Lane. Bids were solicited through the formal competitive bid process. The City received four responses. The lowest responsive bid, was received from DP Development of the Treasure Coast, LLC, in the amount of$303,720.00 which included: $224,741.00 for the base bid and $78,979.00 for Alt Bid "A". Attached are copies of the bid tabulation and a project location map. The work consists of: 1) Osceola Park- Construction of 3 unpaved alleys in Osceola Park, valley gutter, and 6" swales for the following alleys: • Alley 1 —between SE 2nd Avenue and SE 3rd Avenue (East-West), and between SE 7th Street and SE 8th Street(North—South). • Alley 2—between SE 3rd Avenue and SE 4th Avenue (East-West), and between SE 7th Street and SE 8th Street(North—South). • Alley 3 —between SE 2nd Avenue and SE 3rd Avenue (East-West), and between SE 9th Street and SE 10th Street(North—South). 2) Lime Lane - Construction of 500 square yards of 1" Asphalt Overlay, 570 square yards of 1 1/2" Asphalt, and 6" swales. 3) Pineapple Grove - Construction of 222 square yards of 1 1/2"Asphalt Overlay, Curb and Gutter. The bid is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), and "Sealed Competitive Method". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION A request for the City Commission to consider award of bid to DP Development of the Treasure Coast, LLC in the amount of$303,720.00, for the Osceola Park Alleys Phase II, Pineapple Grove Drainage, and Lime Lane Improvements,project numbers: 2013-015, 2013-064, and 2015-068. TIMING OF THE REQUEST All bids shall remain subject to acceptance for a period of ninety (90) days after the bid opening of February 26, 2015. Therefore an award of the contract must take place by May 26, 2015 to guarantee the bidder's proposal contract price. FUNDING SOURCE Funding is available from the following account numbers: Account Number Amount Comments 334-3162-541-65.85 $168,291.50 Funded by CRA 448-5461-538.65-85 $126,678.50 After budget transfer Developer Contribution $6,000.00 RECOMMENDATION By motion approve an award to DP Development of the Treasure Coast, LLC in the amount of $303,720.00 for the Osceola Alleys Phase II, Pineapple Grove Drainage, and Lime Lane Improvements projects numbers: 2013-015, 2013-064, and 2015-068. 0000000 O 0000000000000 O O O O O O O O O O O O O O O O O O p 0 0 0 0 0 0 CO O O O O O O O O O O O O O M O O O O O O O O O O O O O O O O O O M O O O O O OO V O O CO O O OO O I O O O O ti O O N O O O O O 0 0 O V V O o o o C M a OO O CO O O)o CO O CO CO o O)N I�O O O O O CO LO O M O LO N LO N I�O O O O y' Q O M V OO M OO CO M O 69 N M O LO 69 O O_O E9 b N M CO LO CO CO V O)_69 I�I�M O LO O 69 O z F L)M N L)V Im W V M V N M V CO O M Ln 69 O) Lc)r M L)N N M r O Efl Efl Efl M M V Efl Efl N 69 Efl N Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl yg N F V� Vj Efl 69 69 69 Efl Efl Efl Efl vv Efl Efl M 69 U O O O O O Ln o o o o o o o o o o o o o 0 O O O O O O O O O O O O O O O O O fl I-� So 0 0 0 1 O)O M O O N V O CO V O o o O O O O O O O)O MOO N O CO O O O O M o o o$2 Ln CO N V o o o r o 0 0 0 O O O O ONO V o N V o-o I o O O O O r .. 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I OTH ST U ° CITY of DELRAY BEACH OSCEOLA PARK ALLEYS DATE:03/16/2015 o, ENVIRONMENTAL SERVICES DEPARTMENT 13-15 jb 6©Q 434 SOUTH SMNTON AVENUE,DELRAY BEACH,FLORDA 33444 LOCATION MAP Gi SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT entered into this ° day of 2005 b and Y between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and GERMANTOWN VENTURE LLC, (hereinafter referred to as DEVELOPER),provides as follows: WHEREAS, a project called Wallace Drive Commerce Center is being developed along the west side of Wallace Drive,north of Georgia Street,as shown in Plat Book 106,page 56-57, in the CITY; and WHEREAS, the DEVELOPER is required to construct one-half of the paved road for the Development(See Exhibit "A"); and WHEREAS,the CITY shall construct the road, with the DEVELOPER paying for one- half of the construction costs. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the DEVELOPER and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. COSTS PAID BY DEVELOPER. The DEVELOPER shall pay to CITY one- half of the cost of the construction of the road, as shown on Exhibit "A", in an amount of six thousand dollars and 00/100 (US$6,000.00). This amount shall be paid to the CITY within 10 days of the execution of this Agreement. 3. PERMITS REQUIRED. Nothing in this Agreement relieves DEVELOPER of any obligation imposed under the CITY'S band Development Regulations or Code of Ordinances or any other rules or regulations of a governmental entity. DEVELOPER is responsible for obtaining any and all permits required in connection with the development of the Wallace Drive Commerce Center project. 4. GOVERNING LAWS; VENUE. Any claims, lawsuits or disputes that may ........... arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County,Florida. 5. INTEGRATION; AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF,the parties hereto have entered into this Agreement as of the day and year first above written. A EST: CITY FD LRAY /BTACH By: nJ By: City Clerk David T...,,arden, City Manager Approved as to Form: By: � `,� A�-City Attorney WITNESSES: GERMANTOWN VENTURE LLC B - Re Inc. riot or It's Managing Member Jim Zengage,President kJ (Name Printed or Typed) 2 STATE OF COUNTY OF �c1� The foregoing instrument was acknowledged bp�jBore me this cP2- day of �-- ,2005,by_ w. 2�n �� as. Il'rc 5e4—en-j— .of / Retail Concepts,Inc.,managing member(name of officer or agent,title of officer or agent), of GERMANTOWN VENTURE LLC, a Florida limited liability company (state or place of incorporation), on behalf of the limited liability company. He/She is personally known to me or has produced {x3w of' tificafion) identification. Signs e o Notary Public 011. VIRGINIA HASLETT '• :. MY COMMISSION#DD 319411 ' '= EXPIRES:May 23,pope . „ Bonded Thru Nofwry Publlo U;;.,. -. 3 ■ ■■ ■ -_ - ■ ilium ■ ■■�■ _ ■milli 1111111 _ ■■ ■: :: : 1111111 ■� �■ ■■-■ 1111111 OPIUM INN I INN I _ _ ■■ ■■ �■ ■ Illllli 111 111 ■■ ■■ ■■ ■■ ■ 1111111 r IIIIIIIIIII 1 ■� ■■ 1 INN MINE I son■ ■ loss none ■■ /IRAN" / . . 111111111111 kg�♦. milli � ■11111 �� ♦ .� ♦♦♦ . . LOCATION MAP I=S.�_ _ .�_ ._ WALLACE DRIVE COMMERCE CENTER! TAC Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid �/ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Bid award 2015-19 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 19, 2015 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF APRIL 6,2015 PURCHASE AWARD/MULTIPLE VENDORS FOR 18 VEHICLES BACKGROUND Each year the Fleet Maintenance Department evaluates the City's fleet of vehicles and makes recommendations for the purchase of replacement vehicles in accordance with the City's CIP plan. The Fleet Maintenance Department is proposing the replacement of eighteen (18) vehicles that have exceeded their life expectancy, reached life-to-date repair costs exceeding 100% of their original cost, or have accrued excessive mileage, many beyond 100,000 miles. Additionally, five of these vehicles are being replaced as a result of damage, having been declared a total loss. These include Police cars 1717, 1439, 1614, 1827, and Parks Maintenance truck#7740. These vehicle replacements will cut repair costs that are quickly beginning to accelerate with age, engine hours, and mileage. Newer, more fuel efficient vehicles will provide reduction in fuel costs, reduction in exhaust emissions, and reduction in repair/maintenance costs to the City. City Commission is being requested to authorize purchase of replacement vehicles as outlined. The Florida Sheriff's Association (FSA) has published annual vehicle contracts since November 1993, and is widely recognized as a competitive pricing contract utilized by cities, municipalities, and counties throughout the state of Florida. The Sheriff's Association employs a website based application for other governmental entities to utilize. Through the site's browser, all pertinent contracts, and addendums are available thttp://www.flsheriff.org/purchasing_programs/cooperative-fleet/light-vehicles). The current year FSA contract, 14-22-0904 (Police Rated Administrative Vehicles, Light Trucks and Vans), valid until September 30, 2015, are comprised of a large number of vehicle specification choices and car, truck, and equipment dealers that have been awarded various specifications within the contracts. The State of Florida is divided into four separate zones (north, south, central, and western). Each zone is awarded separately by bid; some specifications may be awarded to a single dealer in all four zones, while other specifications may be awarded to a single dealer, depending upon the bid process. The Florida State Contract #25101503 is effective through November 17, 2015, and similar to the FSA contract, there are a large number of vehicle specifications and dealers that have been awarded vehicle choices. Vehicle purchases from FSA contract #14-22-0904 represent specification #5, Ford Police Interceptor Sedan from Don Reid Ford ($28,160 each, Southern pricing); specification #7, Ford Police Interceptor Utility from Don Reid Ford ($29,945 each, Southern pricing); specification #8, Chevrolet Tahoe PPV from Alan Jay Chevrolet ($33,075); specification #25, Ford Explorer from Don Reid Ford, ($27,185, Southern pricing); Specification #39, Nissan Frontier Pickup from Alan Jay Nissan, ($18,418 each, Southern pricing); specification#53, Ford F-250 Crew Cab Pickup from Alan Jay Ford, ($31,796, Southern pricing). Vehicle purchases from Florida State Contract #25101503 represent Commodity Code 25101503, Sub-group A, Line 62, Chevrolet Impala Limited from Garber Chevrolet (19,598 each). FINANCIAL DEPARTMENT REVIEW Finance recommends approval. These vehicles will be evaluated for lease financing. If attractive candidates, a subsequent agenda item will be submitted. DISCUSSION Consider approval of the purchase of eighteen (18) vehicles from multiple vendors; ten (10) from Don Reid Ford for a total amount of $289,550, four (4) from Alan Jay Automotive Network for a total amount of$101,707, and four(4) from Garber Chevrolet for a total amount of$78,392 for a total award of$469,649. TIMING OF THE REQUEST FUNDING SOURCE Funding is available from 501-3312-591.64-20 (Garage Fund/Capital Vehicle Replacements). RECOMMENDATION By Motion, 1) Approve the purchase of ten (10) cars and trucks from Don Reid Ford through Florida Sheriffs Contract#14-22-0904 for$289,550. 2) Approve the purchase of four (4) cars and trucks from Alan Jay Automotive through Florida Sheriffs Contract# 14-22-0904 for$101,707. 3) Approve the purchase of four (4) cars from Garber Chevrolet through Florida State Contract # 25100000-15-010 for$78,392. w . . . > Y -2-2 -2 -2 0 o 0 0 0 0 0 0 0 0 o m m m m `m `m `m `m 0 0 0 0 0 0 0 0 0 0 Q Q Q Q LL� LL� . .. . . O O O O. 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Op aaa aaaa -o o< -0< < < Q U Q Q Q Q Q m o O :5 m v 7 v `m `m m:.5 � 4 °- ° CL u u M o m °�? n? n n > > O O > > >> R N R R UUUU � LL LS °o -o -o-o -o -o -o >-a m-2 m o o `o `o `o `o `o `o `o o `o LL LL LL LL LL LL LL LL LL U D U LL U U N 0I � Q Y N N N N N N N N N a• U N N-O N N N N E E E E E E E E E E E a E E E E r r r r r r r r r m r $ r r r r � m m m m m m m m m E .• m `m m m m m E E n n n n n n n n. . Q o 3 n n n n m m m m m m m m m m 000000000 0000 p p p p p p p p p m p p p p W o 0 0 0 0 0 0 o o `m o o R 0 0 0 0 m r rn v co rn u� r v rn o o ro r u� co m > N �'F 1 4 /ov - - - -FLE�T '�' �iLE' • March 4, 2015 Attn: Kevin Rumell Fleet Maintenance Superintendent City of Delray Beach 100 NW I"Ave Delray Beach, FL 33444 This letter is intended to confirm that the pricing offered the City of Delray Beach by the Alan Jay Automotive Network is the lowest price offered to any municipality or government agency within the State of Florida by the Alan Jay Automotive Network. The pricing is established in the Florida Sheriffs Association contracts#14-22-0904 and#14- 12-0904. Please feel free to contact me if I can answer any questions or for any additional information. Thank you, Scott Wilson Fleet Sales Manager 863-402-4292 Scott.WilsonkAlanJa. 441 US HWY 27 NORTH CHEVROLET BUICK GMC CADILLAC P.O. BOX 9200 FORD LINCOLN TOYOTA SCION KIA SEBRING FL 33871-9200 NISSAN CHRYSLER JEEP RAM DODGE Wednesday, March 4, 2015 Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 Dear Kevin, This letter is intended to confirm that the pricing offered the City of Delray Beach by Garber Chevrolet Buick GMC Truck on the 2015-6 Chevrolet Impala Limited LS Fleet vehicle is the lowest price available to any governmental entity in the State of Florida. The pricing is established in the State of Florida Department of Management Services contract#25100000-15-010 and is effective until November 17, 2015. Please feel free to contact me if I can answer any questions or provide any additional information. Thank you, I 1— I Ryan Davis Commercial Sales/Fleet Representative--Garber Automall i 3340 Highway 17 Green Cove Springs, FL 32043 Ofc—(904)264-2442 ext.2350 rdavis@garberautomall.com -1.�M- eww�- m ?A W" March 10, 2015 City of Delray Beach 100 N.W. 1"Avenue Delray Beach, FL 33444 7o whom it may concern: According to the Florida Sheriff Association contract, we are awarded a particular vehicle model to sell, based on being the lowest bidder for a particular zone. Sincerely, Eric Jore Government Fleet Manager (407) 644-8111 ext. 293 ejore @aol.com 1875 South Orlando Avenue • Maitland , FL 32751 Phone : ( 407 ) 644 . 7 111 • Fax : ( 407 ) 644 . 7754 • www. donreidford . corn FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 INDEX GENERAL CONDITIONS 1.1 Sealed Bids 1.35 Substitutions 1.2 Execution of Bid 1.36 Facilities 1.3 Late Bids 1.37 Bid Tabulations 1.4 No Bid 1.38 Authority to Resolve Protested Bids and 1.5 Prices Quoted Proposed Awards 1.6 Taxes 1.39 Clarification and Addenda to Bid 1.7 Mistakes Specifications 1.8 Condition and Packaging 1.40 Demonstration of Competency 1.9 Underwriters' Laboratories 1.41 Determination of Award 1.10 Minor Irregularities/Right to Reject 1.42 Assignment 1.11 Equivalents REV6/14 1.43 Laws, Permits and Regulations 1.12 Non-Conformance to Contract 1.44 Elimination from Consideration Conditions 1.45 Waiver of Informalities 1.13 Samples 1.46 Estimated Quantities 1.14 Delivery 1.47 Collusion 1.15 Interpretations 1.48 Reasonable Accommodation 1.16 Bid Opening 1.49 Gratuities 1.17 Inspection,Acceptance&Title 1.50 Signed Bid Considered and Offer 1.18 Payment 1.51 Bid Clarification: 1.19 Disputes 1.52 Tie Bids 1.20 Legal Requirements 1.53 Public Entity Crimes(PEC) 1.21 Patents and Royalties 1.54 Determination of Responsiveness 1.22 OSHA 1.55 Delivery Time(3.54 for Vehicles and equipment) 1.23 Special Conditions 1.56 Cone of Silence 1.24 Anti-discrimination 1.57 Right to Audit REV8/18/14 1.25 American with Disabilities Act 1.58 Termination for Default 1.26 Minority Business Enterprise(MBE) 1.59 Termination for Convenience of 1.27 Quality 1.60 Insurance and Indemnification 1.28 Liability, Insurance, Licenses and 1.61 Modification/Withdrawals of Bids Permits 1.62 Exceptions to Bid 1.29 Bid Bonds, Performance Bonds, 1.63 Warranty of Authority Certificates of Insurance 1.64 Warranty of Ability to Perform 1.30 Default 1.31 Cancellation 1.32 Severability 1.33 Billing Instructions 1.34 Notes to Vendors Delivering to the FSA REV 08/29/2014 Page 1 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 GME ALMNDITIONS- 1.0 1.1 SEALED BIDS An Original and one (1) copies of the Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions,Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the Florida Sheriffs Association, 1" Floor, 2617 Mahan Drive, Tallahassee FL 32308. Facsimile, electronic, or faxed bids will not be accepted. 1.2 EXECUTION OF BID Bid must contain a manual signature of an authorized representative in the space provided on the Bid signature page. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated.The original bid conditions and specifications CANNOT be changed or altered in any way.Altered bids will not be considered. Clarification of bid submitted shall be in letter form,signed by bidders and attached to the bid. 1.3 LATE BIDS At time, date and place above, bids will be opened.Any bid or bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The FSA is not responsible for delays caused by mail,courier service, including U.S. Mail or any other occurrence. 1.4 NO BID If not submitting a bid, respond by returning the enclosed "NO BID" form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.5 PRICES QUOTED Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must 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 quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). REV 08/29/2014 Page 2 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 1.6 TAXES The FSA is a 501c3 Organization and exempt from all Federal Excise and State Taxes. State Sales Tax and Use Certificate Number is 59-0708112. 1.7 MISTAKES Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.8 CONDITION AND PACKAGING It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid).All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 1.9 UNDERWRITERS' LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.10 MINOR IRREGULARITIES/RIGHTTO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any irregularity, technicality or omission if the FSA determines that doing so will serve in the FSA's best interest. The FSA may also reject any Response not submitted in the manner specified by the solicitation documents. 1.11 EQUIVALENTS Rev6/14 The term "Approved Equivalent" is used to allow a bidder to bid components or equipment that are equal to the components or equipment described in the detailed specifications.The FSA Contract Administrator shall have the sole authority to determine approved equivalents. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. If bidder offers a make or model of equipment or supplies other than those specified in the following, it must so indicate in the bid submittal. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. NO BIDS WILL BE CONSIDERED WITHOUTTHIS DATA. REV 08/29/2014 Page 3 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. Dealers offering alternate makes, manufacturers of vehicles or equipment not specifically identified in the bid cannot utilize or publish the offering as an "OPTION"within the bid specification and detail. Offerings of this nature will cause the bid to be rejected. 1.12 NON-CONFORMANCE TO CONTRACT CONDITIONS Items may be tested for compliance with specifications. Item delivered, not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: • Vendor's name being removed from the vendor list. • All departments being advised not to do business with vendor. 1.13 SAMPLES Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Florida Sheriffs Association, Attention: Cooperative Bid Coordinator, 1St Floor,2617 Mahan Drive,Tallahassee FL 32308. 1.14 DELIVERY Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday,excluding holidays. 1.15 INTERPRETATIONS Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Becky Keillor, Contract Bid Coordinator at 2617 Mahan Drive,Tallahassee, FL 32308 or by e-mail to: bkeillor @flsheriffs.org with a copy to dterpak @flsheriffs.org. 1.16 BID OPENING Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date,time,and place shall be returned, unopened. REV 08/29/2014 Page 4 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 1.17 INSPECTION,ACCEPTANCE&TITLE Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the FSA are found to be defective or not conform to specifications, the FSA reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.18 PAYMENT Invoices for payment will be made by the FSA after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. Invoices for payment will be submitted as repairs/replacements are completed for the duration of the contract. Invoices will be subject to verification and approval by the ordering departments designated representative. 1.19 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the FSA shall be final and binding on both parties. In the event of a conflict between the documents,the order of priority of the documents shall be as follows: Any agreement resulting from the award of this Bid (if applicable); then Addenda released for this Bid, with the latest Addendum taking precedence; • then The Bid; • Then Awardee's Bid. 1.20 LEGAL REQUIREMENTS Federal,State,county laws,ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.21 PATENTS& ROYALTIES The bidder,without exception, shall indemnify and save harmless the FSA and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The FSA. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. REV 08/29/2014 Page rJ FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 1.22 OSHA The bidder warrants that the product supplied to the FSA shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.23 SPECIAL CONDITIONS Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.24 ANTI-DISCRIMINATION The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race,color, religion,sex or national origin. 1.25 AMERICAN WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any FSA- sponsored proceeding, please contact FSA HR Director at 850-877-2165 (voice), 850-878-8665 (fax) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 1.26 MINORITY BUSINESS ENTERPRISE (MBE) The Florida Sheriffs Association Policy is that Minority Business Enterprises (MBE) shall have the opportunity to participate in competitive bids. Such process would be for supplying goods and services to FSA and participating agencies. 1.27 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. 1.28 LIABILITY, INSURANCE, LICENSES AND PERMITS Where bidders are required to enter or go onto FSA property to deliver materials or perform work or services as a result of a bid award,the successful bidder will assume the full duty,obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Leon County code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the FSA occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.29 BID BONDS, PERFORMANCE BONDS,CERTIFICATES OF INSURANCE Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the FSA will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions REV 08/29/2014 Page 6 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 1.30 DEFAULT Failure or refusal of a bidder to execute a contract upon award,or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the FSA thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.31 CANCELLATION In the event any of the provisions of this bid are violated by the contractor, the Contract Manager shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) business days, recommendation will be made to the FSA for immediate cancellation. The FSA reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty(30)days prior written notice to the other party. 1.32 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.33 BILLING INSTRUCTIONS Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, FL 32808 or P.O. Box 12519 Tallahassee, FL 32317-2519 1.34 NOTES TO VENDORS DELIVERING TO THE FSA Receiving hours are Monday through Friday,excluding holidays,from 8:30 a.m.to 4:00 p.m. 1.35 SUBSTITUTIONS The FSA WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded.Any substitute shipments will be returned at the bidder's expense. 1.36 FACILITIES The FSA reserves the right to inspect the bidder's facilities at any time with prior notice. 1.37 BID TABULATIONS Bidders desiring a copy of the bid tabulation may request same by enclosing a self- addressed stamped envelope with the bid. 1.38 AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS (a) Right to protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder) who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals ("RFP"), request for qualifications ("RFQ"), REV 08/29/2014 Page 7 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 request for letters of interest ("RFLI) or invitation to bid for goods and/or services ("herein after collectively referred to as the bid") may protest to the contract administrator or his or her designee. Protest arising from the decisions and votes of any evaluation or selection committee shall be limited to protest based upon deviation(s) from established purchasing procedures set forth by FSA policy and procedures and specification, requirements and/or terms set forth in any bid. (1) Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purpose of this section "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the bid. Such protest must be made in writing to the contract administrator or his or her designee and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and /or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above shall be submitted in writing to the contract administrator, or his or her designee. FSA will allow such bid protest to be submitted anytime until two (2) business days following the release of the contract administrator's written recommendation to the FSA for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. All actual bidders shall be notified in writing(which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the contract administrators written recommendation to the FSA. (b) Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the FSA Contract Administrator or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time,Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. (c) The FSA may request reasonable reimbursement for expenses incurred in processing any protest hereunder,which expenses shall include, but not limited to staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out of pocket expenses. (d) Authority to resolve protest. The contract administrator or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of the bid. (e) Responsiveness. Prior to any decision being rendered under this section with respect to a bid protest,the contract administrator and the FSA legal counsel, or their respective designees, shall certify whether the submission of their bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the contract administrator and the FSA legal counsel with regard to the issue of responsiveness. (f) Decision and appeal procedures. If the bid protest is not resolved by mutual agreement, the contract administrator and FSA Legal counsel, or their respective designees, shall promptly issue a decision in REV 08/29/2014 Page 8 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. (g) Any person aggrieved by any action or decision of the contract manager, FSA legal counsel, or their respective designees, with regard to any decision rendered under this section may file an appeal. See 1.38(h). (h) All appeals arising under or relating to this Agreement are to be settled by binding arbitration in the State of Florida. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within 72 hours of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association's (AAA) commercial panel under its rules and regulations must be made within 10 days of the FSA bid protest decision. Any person who files for arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to $5,000.00. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA bear the cost of their own attorney fees. For the purpose of arbitration, the filing party shall not stay the implementation of the bid award by the Florida Sheriffs Association. (i) The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of cost and expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. Any action not brought in good faith shall be subject to sanction's including damages suffered by the FSA and the legal counsel's fees incurred by the FSA in defense of such wrongful action. (j) Distribution. A copy of each decision by the contract administrator and the FSA Legal counsels shall be mailed or otherwise furnished immediately to the protestor. (k) Stay of procurements during protest. In the event of a timely protest under this section, the contract administrator shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the FSA Executive Director or his or her designee, that the award must be made without delay in order to protect a substantial interest of the FSA. (1) The institution and filing of a protest under this article is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the FSA concerning the subject matter of protest. REV 08/29/2014 Page 9 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 (m) Protest not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (n) At the time of the contract administrator's recommendation for award a bid is presented at a meeting with the FSA Executive Director, or his or her designee shall report any legal issues relative to any bid protest filed in connection with the bid in question. (o) The determination of the contract administrator and the FSA legal counsel with regards to all procedural and technical matters shall be final. 1.39 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the FSA Contract Specialist at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the FSA. The FSA shall issue an Informational Addendum if clarification or minimal changes are required. The FSA shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the FSA may waive this requirement in its best interest. The FSA will not be responsible for any other explanation or interpretation made verbally or in writing by any other FSA representative. 1.40 DEMONSTRATION OF COMPETENCY Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance(experience)with the FSA in making the award in the best interest of the FSA. REV 08/29/2014 Page 10 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 The FSA may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplied to the FSA through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Bid may render the Bid non-responsive. The FSA may, during the period that the Contract between the FSA and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the FSA, the FSA may place said contracts on probationary status and implement termination procedures. If the FSA determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.41 DETERMINATION OF AWARD The FSA shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price,there shall be considered the following: • The ability,capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation,judgment,experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.42 ASSIGNMENT The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the FSA. 1.43 LAWS, PERMITS AND REGULATIONS The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws,ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.44 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or dealer who is in arrears to the FSA upon any debt,taxes or contracts which are defaulted as surety or otherwise upon any obligation to the FSA. REV6/14 1.45 WAIVER OF INFORMALITIES The FSA reserves the right to waive any informalities or irregularities in this bid solicitation. REV 08/29/2014 Page 11 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 1.46 ESTI MATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for FS4 guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The FS4 is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the FSA's actual needs and/or usage during a previous contract period.The FSA for purposes of determining the low bidder meeting specifications may use said estimates. 1.47 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or bid for any contract,such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or bids. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or bids found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion will be considered non- responsible, and will be suspended or barred, and any contract resulting from collusive bidding may be terminated for default. 1.48 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the FSA Human Resources at (850)877-2165. 1.49 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA,for the purpose of influencing consideration of this bid. 1.50 SIGNED BID CONSIDERED AN OFFER The 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 FSA and in case of default on the part of successful bidder or contractor,after such acceptance,the FSA may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. 1.51 BID CLARIFICATION Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Florida Sheriffs Association, Cooperative Bid Coordinator 1" Floor, 2617 Mahan Drive, Tallahassee FL 32308 or by e-mail to: bkeillor @flsheriffs.org with a copy to dterpak @flsheriffs.org with REV 08/29/2014 Page 12 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 the bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10)calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 1.52 TIE BIDS Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program.A certification form will be required at the time of Bid submission. 1.53 PUBLIC ENTITY CRIMES(PEC) In accordance with the Public Entity Crimes Act (Section 287.133) a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes 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 public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.54 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder,your bid must conform in all material respects to the requirements stated in their Bid. 1.55 DELIVERY TIME Vendors shall specify on the attached Bid Form,the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges will be accepted, i.e.; 12-14 days. 1.56 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with FSA policy. During this period all questions/communication will only be accepted in writing directly to the contract administrator. All questions and communication and their associated responses will be posted to the VEBA website. 1.57 RIGHT TO AUDIT Contractor shall establish and maintain a reasonable accounting system that enables Florida Sheriffs Association (hereafter known as 'FSA')to readily identify Contractor's Sales. FSA and its authorized representatives shall have the right to audit,to examine, and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to this Contract or Agreement and all government sales and eligible users info for review and kept by or under the control of the Contractor, including, but not limited REV 08/29/2014 Page 13 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 to those kept by the Contractor, its employees, agents, assigns, successors, and subcontractors. Such records shall include, but not be limited to, accounting records, written policies and procedures; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); all paid vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices; ledgers; cancelled checks; deposit slips; bank statements; journals; original estimates; estimating work sheets; contract amendments and change order files; back charge logs and supporting documentation; insurance documents; memoranda; and correspondence. Contractor shall, at all times during the term of this Contract or Agreement and for a period of Three (3) years after the completion of this Contract or Agreement, maintain such records, together with such supporting or underlying documents and materials. The Contractor shall at any time requested by FSA, whether during or after completion of this Contract or Agreement, and at Contractor's own expense make such records available for inspection and audit (including copies and extracts of records as required) by FSA. Such records shall be made available to FSA (subject to a three day written notice) during normal business hours. FSA at their option may select the Contractor's office, place of business or offsite location for the audit; and/or option to have the contractor provide financial records, together with the supporting or underlying documents and records,via e-mail or phone for audit at a time and location that is convenient for FSA. Contractor shall ensure FSA has these rights with Contractor's employees, agents, assigns, successors, and subcontractors and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Contractor and any subcontractors to the extent that those subcontracts or agreements relate to fulfillment of the Contractor's obligations to FSA. Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by FSA unless certain exemption criteria are met. If the audit identifies under reporting, overpricing or overcharges (of any nature) by the Contractor to FSA in excess of three (3) percent (3%) of the total contract billings,the Contractor shall reimburse FSA for the total costs of the audit not to exceed $5,000.00. If the audit discovers substantive findings related to fraud, misrepresentation, or non- performance, FSA may recoup all the costs of the audit work from the Contractor. Any adjustments and/or payments that must be made as a result of any such audit or inspection of the Contractor's invoices and/or records shall be made within a reasonable amount of time(not to exceed 90 days)from presentation of FSA's findings to Contractor. 1.58 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the FSA shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the FSA shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. REV 08/29/2014 Page 14 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 Notwithstanding the above, the successful bidder shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the Agreement by the bidder, and the FSA may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the FSA from the successful bidder is determined. 1.59 TERMINATION FOR CONVENIENCE OF FSA The FSA,for its convenience, can terminate the contract in whole or part without cause by giving written notice to the contractor of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the contract, if any. The contractor shall not be entitled to recover any lost profits that the contractor expected to earn on the balanced of the Agreement or cancellation charges. Any payments to the contractor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.60 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies,and their officers,agents,and employees from suits,actions,damages,and costs of every name and description, including legal counsels' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees, partners, or subcontractors; provided, however, that the bidder shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Florida Sheriffs Association,and participating agencies. Contractor's obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association, participating agencies giving the bidder (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at bidder's sole expense. Contractor shall not be liable for any cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies in any legal action without bidder's prior written consent, which shall not be unreasonably withheld. The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. REV 08/29/2014 Page 1 rJ FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the FSA Contract Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverage's and endorsements as required herein shall be filed with and approved by the FSA Contract Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the FSA's Contract Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the FSA, a 501c3, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of$1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of$1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. REV 08/29/2014 Page 16 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors.All policies shall be made available to the FSA upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the FSA for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term.Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the FSA Contract Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured's hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. 1.61 MODIFICATION/WITHDRAWALS OF BIDS A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will not be considered. 1.62 EXCEPTIONS TO BID: Bidders are strongly encouraged to thoroughly review the qualification requirements set forth in this ITB, specifically the minimum specifications found in Section 3, identified by the words "must", "shall", and "will". Bidders who fail to satisfy the requirements set forth, may be deemed nonresponsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this ITB and you are proposing alternatives to said requirements, you must notify the FSA Cooperative Bid REV 08/29/2014 Page 17 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 Coordinator's Office in writing at least five(5)days prior to the deadline for submission of bids. The FS4 reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids. 1.63 WAMANTYOFAUTHORTY: Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 1.64 WARRANTY OF ABILITY TO PERFORM: The Contractor warrants that, to the best of his or her knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federal government. See 1.53. The Contractor shall immediately notify the FSA and Customer in writing if its ability to perform is compromised in any manner during the term of the contract. REV 08/29/2014 Page 18 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 SPECIAL CONDITIONS - 2.0 2.0 Purpose 2.1 Term of Contract 2.2 Estimated Quantities 2.3 Sheriff as County Constitutional Officer 2.4 Cooperative Purchasing 2.5 Funding 2.6 Definitions REV8/14 2.7 Eligible Customers of Contract REV6/14 2.8 Method of Award 2.9 Workshops—Vehicle Contract/Specifications REV 6/14 2.10 Pre-Bid Conference REV6/14 2.11 Contact Person REV6/14 2.12 Communications 2.13 Prices Shall Be Fixed and Firm for the Term of Contract 2.14 Option to Renew with Price Adjustment 2.15 References 2.16 Bidder Qualifications 2.17 Late Bids 2.18 Exceptions to Specifications 2.19 Complete Information Required on Bid Form 2.20 Customer Service REV 08/29/2014 Page 19 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 2.0 PURPOSE The Florida Sheriffs Association and the Florida Association of Counties invite interested vendors, including Motor Vehicle Manufacturers and Dealers/Certified Representatives to submit responses in accordance with these solicitation documents. The Florida Sheriffs Association will serve as the"Contract Administrator" in the solicitation process and the administration of the resulting contract. The purpose of this bid is to establish a twelve (12) month contract, beginning October 1, 2014 and ending September 30, 2015, with manufacturer's authorized dealers for the purchase of 2014/15 vehicles and equipment on a "no trade-in basis". Trade-ins are not addressed in this contract. If an agency has a desire to offer vehicles/equipment for trade to the dealer,the agency and dealer may do so at their sole discretion, separate and apart from this contract. 2.1 TERM OF CONTRACT This contract shall remain in effect for one (1) year from date of contract execution by the FSA Contract Administrator, and may be renewed by mutual agreement, at the sole option and discretion of the FSA, for up to two (2)additional years,on a year to year basis. Contract extensions will only be executed when conditions indicate it is in the best interest of the FSA and the customers. In the event that the contract is held beyond the term herein provided it shall only be from a month-to- month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. 2.2 ESTIMATED QUANTITIES(Vehicles and Equipment) In FY 2013-14 eligible users purchased approximately 4600 vehicles from the vehicle and equipment bid awards. These estimated figures are given only as a guideline for preparing your bid and should not be construed as representing projected figures. 2.3 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER: The Offices of the Sheriff of the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the Sheriff's Offices from the provisions of the Florida Statute requiring among other things,sealed and competitive bids procedures. It is our practice to give consideration to the prices offered, but the Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Nothing in this proposal in any way obligates the participating Sheriff's Offices for any payment for any activity or costs incurred by any vendor in responding to this proposal. 2.4 COOPERATIVE PURCHASING Pursuant to their own governing laws,and subject to the agreement of the Contractor,other entities may be permitted to make purchases at the terms and conditions contained in section 2.7 Eligible Customers of Contract. REV 08/29/2014 Page 2 0 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. 2.5 FUNDING Funds expended for the purposes of the contract must be appropriated by the individual participating agency for each fiscal year included within the contract period.Therefore,the contract shall automatically terminate without penalty or termination of costs if such funds are not appropriated. 2.6 DEFINITIONS The following terms are defined as the following (a) "Contract Administrator" means the Florida Sheriffs Association in its role in administering the solicitation and contract administration process for the Florida Sheriffs Association and the Florida Association of Counties. (b) "Fleet Management Advisory Committee (FMAC)" means an employee of Sheriffs Offices and other local governmental agencies in the State of Florida and/or any other person who FSA identifies as subject matter expert who will assist with the development of bid specifications and evaluation of bid responses. (c) "Contractor" means the bidder that has been awarded and agrees to sell vehicles, trucks, or equipment, as contained in these specifications, which meet the requirements, specifications, terms and conditions of this agreement,to eligible customers,as defined herein. (d) "Customer" means an eligible customer as defined in 2.7 (e) "VEBA" means the Florida Sheriffs Association's Vehicle Equipment Bid Award System located at http://veba.fisheriffs.org,which is the online system created for the submission of electronic bids and tabulation of bid results for the specifications contained herein. See 3.0 VEBA. (f) "Bid" shall mean a competitive bid procedure established through the issuance of an invitation to bid. The term "bid" as used herein, shall not include request for proposals, request for qualifications, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. (g) "Bidder" means the entity that submits documentation to the FSA Contract Administrator in accordance with these instructions. (h) "Factory" refers to the manufacturer;the assembly line. (i) "Dealer Option" a product or service provided by the dealer or other third party; not the factory. (j) "Up fitter" An individual or business who installs non-factory options on a vehicle or equipment; not the factory. (k) "Sub-contractor or 3rd party" Refers to an individual or business firm contracting to perform part or another's entire contract. REV 08/29/2014 Page 21 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 (1) "MSRP(s)" means the Manufacturer's Suggested Retail Price, which represents the Manufacturer's recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: 1. Manufacturer's Computer Printouts; Ford - "Dora"; General Motors - "GM Autobook"; or approved equivalent) 2. Chrome Systems, Inc.'s PC Carbook(e.g., PC Carbook Plus and PC Carbook Fleet Edition) 3. Manufacturer's Annual U.S. Price Book 4. Manufacturer's official website 5. Edmunds(No subscription req'd) Note:Some of above resources above require a paid subscription. (m) "Recognized MSRP" recognized MSRP occurs when an FSA requested option does not exist to the base vehicle model as a free flow option contained in the manufacturer's order guide. This MSRP is generated by the creation of a new model that includes the requested FSA option content. 2.7 ELIGIBLE CUSTOMERS OF CONTRACT REV8/14 Bids will be extended and guaranteed to any and all units of local governments/political subdivisions including but not limited to county, local county board of public instruction, municipalities and/or police agencies, other local public or public safety agencies or authorities within the State of Florida, and the state universities and colleges. In addition, bids will be extended and guaranteed to any other entities approved by manufacturers to participate in this contract. The participating agencies cannot guarantee any order other than those ordered through each individual agency. All agencies are bound by their local governing purchasing ordinances, rules and regulations and shall apply to purchases made under this contract. All contractor/dealers are governed by their manufacturer's agreement.See also 2.5 Funding. The State of Florida, Department of Management Services, Division of State Purchasing administers statewide contracts and agreements for use by Florida State agencies, local governments, educational institutions, and other entities as defined in 60A-1.005, Florida Administrative Code. If you go to the Florida Department of State's website and look up Florida Administrative Code 60A-1.005 it states the following: 60A-1.005 Eligible Users. The following entities are eligible users: (1)All governmental agencies,as defined in Section 163.3164,F.S.,which have a physical presence within the State of Florida; (2)Any independent, nonprofit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042(12)FS.Law Implemented 287.012(12)FS.History—New 8-24-04. 2.8 METHOD OF AWARD Award of this contract will be made to a primary bidder. FSA will also identify the second lowest and best bidder per specification and zone to be utilized in the event the primary bidder is unable to fulfill their obligations as defined in General Conditions 1.30 and 1.31. The FSA reserves the right to make multiple awards if deemed in the best interest of the FSA. See 3.11 Basis for Award which is specific to vehicles and equipment. REV 08/29/2014 Page 2 2 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 2.9 WORKSHOPS—VEHICLE CONTRACT/SPECIFICATIONS Rev6/14 ALL prospective bidders are required to attend the MANDATORY* vehicle workshop(s). At this time prospective bidders will have the opportunity to offer input and recommendations regarding the content of the bid specification and to meet with committee members to answer any questions relative to this invitation to bid. Any suggested modifications may be presented in writing or discussed with the advisory committee at this meeting and may be considered in formulating the Bid. ALL addendums to the contract initiated by the FSA will be posted on the Florida Sheriffs Association Vehicle Bid Award System (VEBA) at http://veba.flsheriffs.org. Prospective bidders should check the website periodically for any addendums to the solicitation documents. *FSA reserves the right to grant exceptions based on the dealer/bidder has met all requirements as an approved vendor and agrees to sign a memo of understanding(MOU)that they understand all of the terms and conditions of the bid and agree to meet all of the terms and conditions without exception and further waive their right to protest any portion of the bid process. 2.10 PRE-BID CONFERENCE Rev6/14 ALL prospective bidders are required to attend the MANDATORY* Pre-Bid conference. At this meeting the bid specifications will be discussed and it is the final opportunity for prospective bidders to make any last request for modification,corrections,or addressing other concerns relating to the bid or the process. *FSA reserves the right to grant exceptions based on the dealer/bidder has met all requirements as an approved vendor and agrees to sign a memo of understanding(MOU)that they understand all of the terms and conditions of the bid and agree to meet all of the terms and conditions without exception and further waive their right to protest any portion of the bid process. 2.11 CONTACT PERSON Rev6/14 The contact person for this Invitation to Bid is Becky Keillor, FSA Cooperative Bid Coordinator Andrew Terpak, Business Operation Manager E-mail: bkeiIlor @f]sheriff s.or E-mail: dterpak @flsheriffs.org Phone: 850-877-2165 ext.231 Phone: 850-877-2165 ext.227 Fax: 850-878-8665 Fax: 850-878-5115 2.12 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the FSA Contract Administrator no later than Ten (10)calendar days prior to the scheduled Bid opening date. The FSA will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements,or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the FSA Contract Administrator prior to submitting a bid that all addenda have been received. See General Condition 1.56 entitled "Cone of Silence"which sets forth the policies and procedures relative to oral and written communications. REV 08/29/2014 Page 2 3 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 2.13 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Forms shall remain fixed and firm during the initial term of this contract. 2.14 OPTION TO RENEW WITH PRICE ADJUSTMENT The contract could be extended for an additional two (2)years, on a year to year basis, if mutually agreed by upon both parties. Prior to completion of each exercised contract term, the FSA may consider an adjustment to price due to increases or decreases on the Consumer Price Index; but in no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Nationally published Consumer Price Index-Goods and Services, computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request or adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the FSA will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period will not be considered. The FSA reserves the right to accept the renewal adjustment or to allow the contract to terminate and re- advertise for bids,whichever is in the best interest of the FSA. 2.15 REFERENCES Bidders shall furnish the names, addresses, telephone numbers, and address of a minimum of five (5) firms or government organizations for which the Contractor is currently providing or has provided similar services on company letterhead. Two (2) of the references must be government related. A dealer participating for the first time in government fleet sales/bidding may be considered exempt if they can demonstrate they have the appropriate facility, staffing and financial resources to support the contract should they receive an award. See 2.16 Bidder Qualifications. 2.16 BIDDER QUALIFICATIONS In order for bids to be considered, new bidders to the Florida Sheriffs Cooperative Contract must submit with their bid, evidence that they are qualified to satisfactorily perform the specified service. Evidence shall include all information necessary to certify that the bidder maintains a permanent place of business; is an authorized distributor of the items specified in their proposal; has not had just or proper claims pending against him or his firm; and has provided similar type products.The evidence will consist of listing of contracts for similar services that have been provided to public and private sector clients, within the last three (3) years, and letter from the manufacturer that bidder is an authorized distributor for the proposed manufacturer.See 3.8 Submittal of Bid. 2.17 LATE BIDS At time, date, and place indicated in the published bid schedule, the bids will be opened. Any bid(s) received after time and date specified will be rejected by the FSA and VEBA System and all documentation will be returned to the bidder unopened. REV 08/29/2014 Page 24 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The FSA is not responsible for delays caused by mail, courier service, including U.S. Mail,or any other occurrence. 2.18 EXCEPTIONS TO SPECIFICATIONS Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non- responsive. 2.19 COMPLETE INFORMATION REQUIRED ON BID FORM All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE (1) COPY of the Bid Form pages and all required submittal information must be returned, properly completed and sealed envelope as outlined in the first paragraph of General Conditions. 2.20 CUSTOMER SERVICE Excellent customer service is the standard of the FSA. As contractors of the FSA, all employees will be required to adhere to the FSA's "Service Excellence" standards and expected to conduct themselves in a professional,courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team of well-trained professionals, and must serve the public with dignity and respect. All business transactions with the FSA will be conducted with honesty, integrity,and dedication. REV 08/29/2014 Page 2 rJ FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 SPECIAL CONDITIONS - 3.0 3.0 VEBA 3.1 Amendments to Solicitation Documents 3.2 Additions and Deletions 3.3 Specification Exceptions,Omissions or Errors 3.4 Option Pricing REV8/14 3.5 Requests for Additional Information or Clarification 3.6 Financial Responsibility 3.7 Collusion 3.8 Submittal of Bid 3.9 Bid Opening and Electronic Posting of Notice of Intended Award 3.10 Bid Evaluation Criteria 3.11 Basis for Award REV8/14 3.12 Bid Withdrawal 3.13 Zone Bidding 3.14 Approved Equivalents REV6/14 3.15 Identical Tie Bids 3.16 Tax Exemptions 3.17 Best Commercial Practices 3.18 Delivery 3.19 Protest and Arbitration 3.20 Licensing/Facilities 3.21 Non-performance REV6/14 3.22-3.50 Intentionally left Blank 3.51 Factory Installed 3.52 Equitable Adjustment 3.53 Pre-Delivery services 3.54 Order, Delivery and Liquidated Damages REV8/14 3.55 Quantity Discounts REV8/14 3.56 Acceptance 3.57 Invoicing and Payments 3.58 Inadequate Services 3.59 Warranty, Repairs and Service 3.60 FSA Administrative Fees for All Specifications REV8/14 3.61 Contracting Dealers'Activity Reports and Schedule and Fee Deposit Requirements REV07/14 REV 08/29/2014 Page 2 6 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 3.0 VEBA VEBA is Florida-Sheriffs Association's Vehicle Bid Award System. Access to the system requires a Login and User Password. To obtain a Login and password, dealers must complete the annual registration form provided on the FSA website. Once approved, the dealer will receive their Login and a Temporary Password. Dealers are required to change their initial password at the time of their first login. ALL prospective bidders are encouraged to download and review the instructions located on the home page of the VEBA website each year to obtain the most current terms and conditions of the contract as well as instructions for entering bid specifications and pricing. Questions regarding the use of the VEBA website should be addressed to the FSA Cooperative Bid Coordinator. Login and password questions should be addressed to support @liquifusion.com 3.1 AMENDMENTS TO SOLICITATION DOCUMENTS The Contract Administrator retains the right to issue amendments to the solicitation as appropriate and necessary. Notice of any amendment will be posted on the VEBA website. Bidders are responsible for monitoring the VEBA website for new or updated information concerning the bid. 3.2 ADDITIONS AND DELETIONS The Contract Administrator reserves the right to add or delete any items from this bid or resulting contract(s)when deemed to be in the best interest of FSA and the participating eligible users. 3.3 SPECIFICATION EXCEPTIONS,OMISSIONS OR ERRORS Specifications are based on the most current manufacturer literature available. Bidders should immediately notify the Contract Administrator of any defects in the specifications or required submittal documents. All notifications of defect must be in writing and timely submitted. Bidders are required to indicate in their bid submissions those options which require additional equipment or model upgrade to obtain the original option. Bidder must also identify those options that are available as a part of a package or group. The factory codes listed in the"Prices" section of the Special conditions must be used. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all cost required to bring the vehicle into compliance with the contract specifications. 3.4 OPTION PRICING REV8/14 Prices for options submitted by the dealer for Emergency Vehicle Lighting and equipment, shall include all applicable fees and charges not including installation. Motorcycle pricing will include installation. No additional charges or fees are admissible. The bidder shall offer a discount which shall be at or below Manufacturer's Standard Retail Pricing(MSRP) or manufacturers published catalog price for any factory add options included in the bid submission and in resulting customer orders, if awarded.The amounts of discounts for each particular add option shall be decided by the bidder. REV 08/29/2014 Page 2 7 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 When calculating upgrades, the total recognized MSRP (see definitions 2.6) for an item (that is not a manufacturer's free flow option for the base specification) is calculated as the differential between the dealer costs on the representative base vehicle versus total MSRP of the requested FSA option modifying the vehicle. When add options listed are included in the base vehicle, bidder must submit options as "Included" or "STD". Bidder must use proper factory codes for all factory add options. Options available through the factory MUST be bid and supplied to Customer as factory options unless requested otherwise in writing by the Customer. Options are intended to add or delete equipment and/or features from the base vehicle specification,and to allow for an upgrade or downgrade to a manufacturer's model with a slightly different engine size or horsepower, and as such, should not be made available for purchase separate from the base vehicle. Bidders shall NOT use add or delete options to create a piece of equipment that is entirely different than the base unit called for in the specification,or any other options that do not meet the intention of options as stated above. Bidder must indicate in their bid submission any option requiring the purchase of other options, and also indicate options that are a part of another option. The codes listed in the "Prices" section of the Special Conditions must be used. The use of "Options" to facilitate the sale of an alternate Manufacturer's product which is outside the scope of the written base specification will be construed as non-compliant and their bid will be rejected, in whole or part by the FSA Bid Coordinator. Example: Bidder CANNOT include option upgrades that result in the selling of a vehicle or truck on one specification that is offered as a separate specification in the bid solicitation. For example, a contractor who is awarded the bid for 25,500 lb. GVWR Cab & Chassis cannot upgrade this item through an add option to a 30,000 lb.GVWR Cab&Chassis in order to circumvent the bid award winner for the 30,000 lb. GVWR Cab&Chassis. 3.5 REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION Bidders are encouraged to examine the specifications carefully. In case doubt should arise as to the meaning or intent of any items contained in the specifications, inquiry should be made to the FSA Contract Administrator prior to the Pre-Bid Conference via e-mail or at the pre-bid conference in person. Telephone clarifications will not be accepted, and no clarification will be accepted after the date listed in the Bid Calendar. ALL request for information from bidders and FSA responses will be will be posted on the VEBA website by the date listed on the Bid Calendar. The submission of a bid shall indicate that the bidder thoroughly understands the terms of the specifications. 3.6 FINANCIAL RESPONSIBILITY Bidder affirms by his or her signature on the contract signature page that he or she: • Has fully read and understands the scope, nature,and quality of work to be performed or the services to be rendered under this bid, and has the adequate facilities and personnel to fulfill such requirements; REV 08/29/2014 Page 2 8 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 • Accepts the financial responsibility associated with this bid, and declares that he or she has the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award. • In assessing financial responsibility, contractor shall consider items such as the specifications bid, the zones bid, and the quantity of specifications bid, as well as timing of payment from customers,which can be 45 days from receipt of invoice; • Assumes full responsibility that all vehicles delivered to the customer are free and clear of all outside liens,encumbrances, security interests apart from the dealer floor plan or other dealer inventory finance security interest. 3.7 COLLUSION Dealerships and their representatives may submit multiple bids without conflict of"Collusion" as long as the bid submitted is not from the same manufacture and product line. Dealerships which share the same ownership may submit multiple bids also without conflict of collusion as long as the bidders are not in the same region,with the same manufacturer and product line.See 1.47 Collusion. 3.8 SUBMITTAL OF BID Bidders must submit their bid electronically via the Florida Sheriffs Association Vehicle Bid Award System (VEBA), located at http://veba.flsheriffs.org without exception.See 3.0 In addition to their submission of specifications through the VEBA website, bidders who intend to bid on police units (specifications 1-9) are also required to submit their light bar package pricing through a separate document housed on the VEBA website. Bidders not placing a bid on the police units may also bid any part of the light bar package (such as "Al Carte" items and "Corner Strobes')to be used for other specifications. Pricing submitted in this document will be entered one time, and such pricing will apply to the entire bid specifications for which these items are sold as add options. Bids submitted for the above referenced specifications for police units that do not submit light bar package pricing will be rejected as non-responsive. Any bidder who offers emergency lighting and equipment (red, blue or any combination) to be installed on any vehicle or equipment, must provide evidence of EVT certification for installation.This includes any third party up fitting. Example: a truck that may be used in the fire department to support the operation that requires public safety lighting and equipment. Bidders must bid a requested FSA option first by offering the requested item if available from the factory. If this option is satisfied by the addition of a manufacturer's package that contains other items then it must be indicated in the comments and verifiable via audit. Furthermore, if the package offered to satisfy the request requires another factory option then that also must be indicated and referenced in the available optional equipment spaces. If the item is a package and available as a free flowing option to the base vehicle then the manufacturer's MSRP governs and by definition becomes the ceiling price. If the item is a package that changes the manufacturer's model number then the recognized MSRP computation will govern and define the ceiling price. REV 08/29/2014 Page 2 9 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 Prices are to be rounded to the nearest dollar. Bids can be entered more than once; however, only the last bid entered into the system will be considered in the award process. Bids not submitted within the system will be rejected. Each bidder is responsible for ensuring that his bid is submitted before the deadline outlined in the Bid Calendar. Late bids will not be considered and the system will not accept bids after the due date and time specified in the Bid Calendar. See 2.17 Late Bids. In addition to submitting the bid via the VEBA system, one original and one (1) exact copy (includes divider tabs) of the bid package in separate 3-ring VIEW binders (not report folders) must be delivered or mailed to the attention of: Becky Keillor,Cooperative Bid Coordinator Florida Sheriffs Association 2617 Mahan Drive Tallahassee, Florida 32308 bkeil IorPf]sheriff s.ore The electronic cover sheet must be completed with dealership name, contact person, telephone number and mobile phone number,and bidder shall check the appropriate box indicating whether the submittal is an Original or Copy. The cover sheet must be placed in the front cover of the view binder. Separate bid packages must be submitted for each individual dealership for which a bid was submitted through VEBA.The bid package must include: • A printed copy of the submitted bid (printed after final bid submission takes place) • Manufacturer's print-out (Ford - "Dora"; General Motors - "GM Autobook"; or approved equivalent) for each vehicle on which a bid is submitted. The Manufacturer's print-out shall indicate an order code for the Manufacturer's base model, all standard equipment, and any optional components required to provide the base vehicle as outlined in the bid solicitation. Dealer installed aftermarket components are required to meet the base vehicle specified must be identified, in writing,on the printout. • For specifications or units that do not produce a manufacturer's print-out, bid package must include manufacturer's documentation that includes standard equipment and such other information that provides verification that such item meets the base specification. • Pricing Sheet for Emergency Vehicle Lighting(if applicable) • Contract Signature page. Bidder must complete the Signature Page in its entirety, and must indicate by signature on the form that bidder has read and understands the provisions contained in this Invitation to Bid. • Bidder will check the appropriate box indicating whether the submittal is an Original or Copy. All bids must show the company name and be manually signed (no rubber stamps, facsimile signatures, etc.) in ink by a dealer principal and an employee who has the authority for bid submission if such employee is not a dealer principal. Unsigned bids will be rejected. REV 08/29/2014 Page 3 0 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 • The bid package must be received at the Florida Sheriffs Association according to the date and time specified in the Bid Calendar. Failure to meet all submission requirements by the dates indicated in the Bid Calendar will result in rejection of the bid. See 2.17 Late Bids. • By virtue of its bid submission, Contractor acknowledges its obligation to sell vehicles in all zones for which it is awarded. 3.9 BID OPENING AND ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD Bids will be opened on the date and time indicated in the Bid Calendar and will be evaluated thereafter. Although prices will not be read, bidders may attend, but it is not a requirement. The FSA Cooperative Bid Coordinator will electronically post the initial bid tabulation results and any and all awards on the VEBA website according to the time outlined in the Bid Calendar. If the posting of the initial bid tabulation results is delayed, in lieu of posting the notice on the date indicated on the Bid Calendar, the FSA Cooperative Bid Coordinator will post a notice of the delay and a revised date for posting of results. 3.10 BID EVALUATION CRITERIA Eligible responsive bids will be evaluated to determine if all contract bid requirements are met. Bids that do not meet all contract requirements of this solicitation or fail to provide all required information, documents,or materials may be rejected as nonresponsive. Bidder must have the necessary facilities, personnel and expertise, and must be prepared, if requested by the FSA Contract Administrator, to present evidence of such experience, including evidence of EVT certified technicians to perform installation of emergency lighting for applicable specifications. The FSA Contract Administrator reserves the right to investigate or inspect at any time during the bid award process and the contract period as to, whether the product, qualifications, or facilities offered by Bidder meet the contract requirements. Bidders whose bids, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the contract may be rejected as non- responsive. In determining past performance, the FSA Contract Administrator will give strong consideration to the nature and number of complaints received from Customers regarding a previously awarded dealer. The FSA Contract Administrator may use discretion in determining which bids meet the contract requirements of this solicitation,and which respondents are responsive and responsible. The FSA Contract Administrator may use discretion in accepting or rejecting any and all bids, or separable portions thereof,and to waive any minor irregularity,technicality,or omission if determined that doing so will serve the best interest of the local government agencies of the State of Florida. The FSA Contract Administrator may reject any responses not submitted in the manner specified by solicitation documents 3.11 BASIS FOR AWARD The FSA Contract Administrator shall award the bid to the lowest and best responsive bidder by specification, by manufacturer and by zone to bidders who have met the qualifications based on facilities, financial resources,and can demonstrate their ability to perform the work in a satisfactory manner. REV 08/29/2014 Page 31 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 Bidders,who routinely demonstrate significant deficiencies in providing excellent customer service during the contract period prior to the issuance of this bid, may have their bid rejected or limited to the number of regions they can be awarded in this bid cycle. For purpose of this contract the term "significant" as determined by the Florida Sheriffs Association. In cases where the manufacturer is the core of the issue then the dealer must provide evidence of timely communication to the complainant and the FSA. Bidders are hereby advised that the FSA Contract Administrator may use discretion in rejecting any bid proposal not considered to be competitive in nature based on the best pricing information available. The FSA Contract Administrator may use discretion in rejecting any or all bids, in whole or in part, and/or make or limit awards either as individual items or as a total combined bid,whichever they consider to be in the best interest of the local governmental agencies of the State of Florida, and to waive any informality in any proposal. The add options in the bid shall be for informational purposes only and will not serve as a basis for bid protest. See 3.4 Option Pricing for additional criteria. 3.12 BID WITHDRAWAL Bidder warrants by virtue of bidding the prices quoted in their bid response will be good for an evaluation period of sixty (60) calendar days from the date of bid opening unless otherwise stated. Bidders will only be allowed to withdraw their bids after the opening time and date at the discretion of the FSA Contract Administrator and in the best interest of FSA. 3.13 ZONE BIDDING Bidders are allowed to condition their bid for award in one or more geographic zones depicted on the zone map included. A Space is provided for bidder to indicate zone bidding. Absence of any indication to the contrary,ALL bids will be considered statewide. 3.14 APPROVED EQUIVALENTS REV6/14 The term "Approved Equivalent" is used to allow a bidder to bid components or equipment that are equal to the components or equipment described in the detailed specifications. The FSA Contract Administrator shall have the sole authority to determine approved equivalents. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. If bidder offers a make or model of equipment or supplies other than those specified in the following, it must so indicate in the bid submittal. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. NO BIDS WILL BE CONSIDERED WITHOUTTHIS DATA. REV 08/29/2014 Page 3 2 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. Dealers offering alternate makes, manufacturers of vehicles or equipment not specifically identified in the bid cannot utilize or publish the offering as an "OPTION"within the bid specification and detail. 3.15 IDENTICALTIE BIDS Whenever two or more bids which are equal with respect to price, quality and service are received for the procurement of commodities or contractual services preference shall be given to businesses with qualifying drug-free workplace programs. Refer to 1.52 Tie Bids. In case of tie bids and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder Within (A SPECIFIC ZONE) • Bidder Within the(STATE of FLORIDA) • Dealers track record with Customer Service 3.16 TAX EXEMPTIONS All State and Federal tax exemptions applicable to the units of local government of the State of Florida will apply, and appropriate certifications furnished. Customers shall comply with all federal, state and local tax requirements. 3.17 BEST COMMERCIAL PRACTICES The apparent silence of this specification and any supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices,size,and design are to be used. All workmanship is to be first quality.All interpretations of this specification shall be upon the basis of this statement. 3.18 DELIVERY All fees must be included in base price and prices shall be firm and are to be F.O.B. Destination, delivered to the individual participating user agency. In the event of a discrepancy between a unit bid price and an extension,the unit bid price will govern.All items delivered or installed at any location of the participating agencies must include all manufacturer's standard equipment and warranties. (see also section 3.54B(6)) 3.19 PROTESTS AND ARBITRATION Any person who proposes to file an action protesting a decision or intended decision pertaining to this bid or the resulting contract should refer to 1.38 Authority to Resolve Protested Bids and Proposed Awards. Additionally, the person or entity filing such protest shall post with the Florida Sheriffs Association at the time of filing the formal written protest or within the 10 business day period allowed for filing the formal written protest, a bond, cashier's check or money order payable to the Florida Sheriffs Association in the REV 08/29/2014 Page 3 3 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 amount equal to $5,000.00, which bond or security will be conditioned upon the payment of all cost which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party's claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. For the purpose of bid protests,the filing party shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA, they shall file a notice to FSA within 72 hours of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association's (AAA) commercial panel under its rules and regulations must be made within 10 business days of the FSA bid protest decision. Any person who files for arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to $5,000.00. Failure to provide written notice to FSA, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA bear the cost of their own attorney fees. For the purpose of arbitration, the filing party shall not stay the implementation of the bid award by the Florida Sheriffs Association. 3.20 LICENSING/FACILITIES Bidders are required to possess a Florida Motor Vehicle Dealers License in order to bid and all bidders must maintain a repair/warranty facility within the State of Florida to provide sales and service for the vehicles and equipment bid. FSA Contract Administrator reserves the right to periodically request additional or updated information from a dealer regarding the repair/warranty facility during the solicitation and the term of the contract, if awarded. The FSA Contract Administrator may also exercise discretion in examining such facility as deemed necessary. 3.21 NON-PERFORMANCE Contractor shall at all times during the contract term remain responsive and responsible. In determining Contractor's responsibility as a vendor, the FSA Contract Administrator shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Contractor's capability to fully satisfy the requirements of the solicitation and the contract. Contractors that are not in compliance with any of the provisions of this contract may be fined (see schedule of fines below), suspended and or terminated from the contract and future competitive bid solicitations at the discretion of the FSA Contract Administrator. In some instances, contractors may be required to develop corrective action plans to address contract compliance. In situations where there is evidence the dealer, contractor, fleet sales manager or other representative has demonstrated egregious breaches of the contract or trust to both with the FSA and the customer, the contract will automatically be terminated and the dealer and their representative will be removed from future solicitations for a period up to three(3)years. REV 08/29/2014 Page 34 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 Failure to abide by corrective action plans will result in the dealer and the dealer representative to be terminated from the contract and future competitive bid solicitations at the discretion of the FSA Contract Administrator. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year and/or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the Customer, any misrepresentation of optional equipment or service as being"factory"that fails to meet the definition as described in this document, and any other practice deemed to be outside of the intent of the contract. Any contractor,who is presented with a valid purchase order as a result of a bid award for this contract, is required and bound by this contract to accept such purchase order(s) and deliver the product(s); regardless if the vehicle(s) or equipment is a base model or includes options at a higher cost. The contractor must deliver this vehicle regardless of profit or loss based on their respective bid. Failure to deliver said vehicles or equipment will result in the ordering agency and the FSA seeking damages for the difference of cost to issue the exact same order with another contractor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. All terms and conditions are applicable throughout the term of the contract and not any given "Year, Make or Model". Schedule of Fines—The list of fines are a minimum result of non-compliance. Failure to submit monthly report on time..................................................................................... $25.00 per day Lost Purchase Orders (PO)—1St Offense........................................................................... $100.00 per P.O. Lost Purchase Order(PO)—2 rd Offense ................................................................................$250.00 per Vehicle Lost Purchase Order(PO)—3rd Offense will result in removal from the contract. Failure to place order within ten (10) business days..................................................................$100.00 per day Failure to issue acknowledgment of Purchase Order to Agency and/or FSA within the 14 calendar days as per 3.54 of the terms and conditions..........................................................................................$100.00 per P.O. Each report of a lost purchase order will be handled on a case by case basis. REV6/14 - Line Item 3.22 to 3.50 Not Assigned F 3.51 FACTORY INSTALLED Aftermarket parts, modifications and factory produced parts and components ordered as parts and installed by the dealer, or a Contractor,do not meet the requirements of"Factory Installed" components, and will be rejected for noncompliance with the requirements of the specification. In the event a component(s) that does not meet the specifications is found to be installed on a vehicle before or after the vehicle has been accepted by the customer,the Contractor shall be required to replace the vehicle with a vehicle that meets the required specifications, INCLUDING ALL FACTORY INSTALLED COMPONENTS. In the alternative, the customer shall decide whether they will accept dealer installed components. REV 08/29/2014 Page 3 rJ FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 3.52 EQUITABLE ADJUSTMENT The Contract Administrator may make an equitable adjustment in the contract terms or pricing in the contract at its discretion. Adjustments to pricing may occur for various reasons, such as pricing or availability of supply (i.e. material surcharge) is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the contractor's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3)the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the contractor that continued performance of the contract would result in a substantial loss. When requesting an adjustment, including but not limited to price increases, the following must be submitted to the Contract Administrator: • A letter of request from the contractor, including the specification number and model listed in the contract,along with the requested changes; • When requested adjustment is based on production cutoff of a currently listed model, a letter of affirmation from the manufacturer; • When requested adjustment includes model changes, manufacturer's documentation of items included in the proposed model in order to determine that the proposed model meets the base specification; • Currently published MSRP Listing 3.53 PRE-DELIVERY SERVICES Bidder's attention is directed to the pre-delivery service requirements as detailed. To assure proper pre- delivery service, the contractor shall provide, at time of delivery, a completed copy of the manufacturer's standard retail sale pre-delivery inspection form(examples are listed below). • CHRYSLER NEW PREPARATION, INSPECTION AND ROAD TEST • FORD PRE-DELIVERY SERVICE RECORD • GM NEW VEHICLE INSPECTION PROCEDURE (or manufacturer's latest pre-delivery form) 3.54 ORDER, DELIVERY AND LIQUIDATED DAMAGES REV6/14 A. Order 1) Eligible customers shall issue a purchase order to the contractor, and such purchase order shall bear the contract or bid number, specification number, customer's federal identification number and contact information (phone number and email address) shall be placed by the customer directly with the contractor, and shall be deemed to incorporate the contract solicitation terms and conditions. Required delivery or due dates should be discussed with the dealer at the time of the quote. It is important to note that dealers do not have ANY control over production delays in schedules from the manufacturer. While it is recommended that the agency purchase from the "region" which is closest to their location, it is not mandatory to do so, however, ordering from outside the local region may result in additional cost for delivery. REV 08/29/2014 Page 36 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 2) Purchasing agency is required to forward an executed copy of the purchase order to the Florida Sheriffs Association Cooperative Bid Coordinator (by email, fax or hard copy) at the same time the purchase order is released to the contractor. 3) If a contractor receives a purchase order for a specification for which they were not awarded,the contractor must notify the customer and return the purchase order to the customer within three (3) business days. 4) Contractor shall state in space provided on each price sheet the approximate time required for delivery after receipt of purchase order. See contractor limitations noted in 3.54 A.1. 5) All vehicles ordered prior to manufacturer's close of production and in accordance with the contract shall be supplied in the manufacturer's next model run of that class vehicle even if it requires supplying a later model at the original bid prices. 6) Contractor shall place order with manufacturer within ten (10) business days after receipt of purchase order. Contractor shall assure that all orders are placed in full compliance with the specifications and purchase order. 7) It is the contractor's responsibility to insure that the vehicle ordered by the customer is fully compatible with all ordered options and that the vehicle complies with all applicable manufacturer and industry standards. The contractor's acceptance of a customer's order will indicate that the contractor agrees to deliver a vehicle that will be fully compatible with all of its options. 8) Any changes that are required to bring a vehicle into compliance with its various options due to an incorrect order will be accomplished at the contractor's expense. 9) A "Confirmation of Order" form shall be completed and returned to the customer placing order(s) against this contract, (a sample copy of the confirmation form is included) within fourteen (14) calendar days after receipt of purchase order without prompting or notification by the customer. Any additional information needed to complete this form should be obtained by contacting the customer. The form may be modified to accommodate each customer individually as necessary. B. Delivery 1) Contractor shall complete delivery of the vehicle to the customer within fourteen (14) calendar days after receipt of the vehicle(s) from the manufacturer or equipment supplier. Vehicles originating as an incomplete vehicle would be exempt. 2) Receipt of a vehicle by the contractor is defined as acceptance of the vehicle(s) from a common carrier at the contractor's place of business or any third party's place of business. 3) Deliveries of less than 350 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer's break-in requirements and all applicable traffic laws and ordinances.Any delivery accomplished by driving a police rated vehicle must use an "OUT OF SERVICE"cover on light bars. All deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchasing agency. Incomplete vehicles would be exempt. REV 08/29/2014 Page 3 7 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 4) At the purchaser's option, a vehicle with more than 350 odometer miles may be rejected or $0.51 cents per mile in excess of 350 miles may be deducted from the invoice, unless previously approved by the purchasing agency.This requirement also applies to redelivery of vehicles which were rejected upon delivery. In any event, all warranties shall begin at the time of delivery and final acceptance by the purchaser. 5) Warranty Start Date - If the purchaser needs to reset the warranty start date because of an extended delivery date,they must do so by contacting the dealer in writing. Incomplete vehicles or vehicles delivered to an up fitter would not qualify for a revised start date unless the vehicle is in the control of the dealer during the up fit. 6) All bids are FOB to the agency within their respective awarded region. Any agency purchasing vehicles and equipment from a region outside their perspective area may incur additional delivery expense. If a buyer instructs the dealer to transport or drop ship a vehicle(s) or equipment to an alternate location for the purpose of up fitting with a third party which was not a component of the purchase order with the dealer, then the dealer bears no further obligation for future transportation once the dealer completes the delivery to the third party. Any further transportation required on the part of the dealer which was not initially specified in the purchase order then an addendum or separate purchase order will be required between the parties facilitate delivery to the final destination as requested by the buyer. 7) Contractor shall notify agency personnel designated on purchase order no less than 24 hours prior to delivery. Deliveries will be accepted only between 8:00 A.M. and 3:30 P.M. on agency's normal work days. Transport deliveries must be unloaded and ready for inspection prior to 3:00 P.M. Deliveries not complying with these requirements may be rejected and will have to be redelivered at contractor's expense. 8) All vehicles must contain no less than 1/4 tank of fuel as indicated by fuel gauge at time of delivery, except for vehicles and equipment with tanks over thirty five (35) gallons in capacity, which must contain a minimum of ten (10)gallons of fuel. C. Liquidated Damages 1) Should the contractor fail to comply with the requirements in Section 3.54.13.6 above,the agency may invoke liquidated damages of $20.00 per day per unit for each day beyond the specified delivery requirements. 2) Forced Majeure. Liquidated damages shall not be assessed for a delay resulting from the contractor's failure to comply with delivery requirements if neither the fault nor the negligence of the contractor or its employees contributed to the delay and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the contractor's control, or for any of the foregoing that subcontractors or suppliers if no alternate source of supply is available to the contractor. In case of any delay the contractor believes is excusable, they shall notify the customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the vendor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the vendor first had reason to believe REV 08/29/2014 Page 3 8 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 that a delay could result. The foregoing shall constitute the contractor's sole remedy or excuse with respect to delay. 3.55 QUANTITY DISCOUNTS- Deleted 3.56 ACCEPTANCE It is the purchaser's responsibility to thoroughly inspect each vehicle prior to acceptance. Copies of the bid specifications and purchase order for the vehicle will be delivered with the vehicle. Purchasers are to inspect the vehicle and compare bid specifications, purchase order and manufacturer's window sticker or manufacturer's invoice to ensure vehicle meets or exceeds the requirements of the technical bid specifications and purchase order. Purchasers are to inspect the vehicle for physical damage. Delivery of a vehicle to a customer does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle meets contract specifications and the requirements listed below. Should the delivered vehicle differ in any respect from specifications, payment will be withheld until such time as the contractor completes the necessary corrective action. Units shall be delivered with each of the following documents completed/included: a. Copy of"Customer's Purchase Order" b. Copy of the applicable"Vehicle Specification" C. Copy of"Manufacturer's Invoice" or "Window Sticker". Copy of manufacturer's invoice if vehicle model is not delivered with a window sticker. Prices may be deleted from manufacturer's invoice. d. Copy of"Pre-Delivery Service Report" e. "Warranty Certification" f. Owner's manual g. DHSMV 82040, "Application for Certificate of Title and/or Vehicle Registration" (for signature of authorized representative). This document will not be included if the contractor/dealer is providing the tag and title. Deliveries that do not include the above forms and publications will be considered and incomplete and will be refused. 3.57 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the contractor and customer placing orders against this contract. Contractors must invoice each customer independently from the Florida Sheriffs Association and the Florida Association of Counties for vehicle(s) purchased from this contract. The contractor shall be paid upon submission of properly certified invoices to the purchaser at the prices stipulated on the contract at the time the order is placed, after delivery and acceptance of goods. Upon receipt of goods, a customer has three (3) working days to inspect and approve the goods and services. The Local Government Prompt Payment Act (as stated in Sections 218.70-218.80, Florida Statutes); will apply to ensure timely payment of contractor invoices. REV 08/29/2014 Page 39 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 The invoice(s) shall indicate the following but is not limited to these requirements: Shipping location, purchase order number, contract number, quantity shipped, price, date, make, model and serial number of vehicle(s). 3.58 INADEQUATE SERVICE When equipment requires service or adjustments upon delivery, the contractor shall either remedy the defect,or be responsible for reimbursing the manufacturer's local authorized dealer,or others,to remedy the defect. Such service or adjustments shall be initiated by the contractor within forty-eight (48) hours (not including weekends and holidays) after notification by a customer. Delivery will not be considered complete until all service and/or adjustments are satisfactory and the equipment redelivered. The provisions of the delivery paragraph shall remain in effect until the redelivery is accomplished. The cost of any transportation required shall be the responsibility of the contractor until the equipment is satisfactory and accepted by the customer. 3.59 WARRANTY, REPAIRS AND SERVICE Failure by any manufacturer's authorized representative to render proper warranty service/adjustments, including providing a copy of the warranty work order to the customer, shall subject that representative and the contractor to suspension from the approved vendor listing until satisfactory evidence of correction is presented to the Contract Administrator. 3.60 FSA ADMINISTRATIVE FEES FOR ALL SPECIFICATIONS reve/14 Dealers ARE to include a three quarters of one percent (.0075) administrative fee in their base bid prices and their quotes and pricing for all additional equipment items (add options), excluding any state regulated fees including tags. The three quarters of one percent (.0075) will be incorporated into and made a part of the total invoice amount and shall not be treated or added as a separate line item. Fees are based on the total invoice cost of the new vehicle or equipment and excluding trade-ins. Trade-ins and other exchanges will not reduce or impact the fee calculation. No Other administrative fee(s) will be applicable to any transaction relative to the contract. 3.61 CONTRACTING DEALERS'ACTIVITY REPORTS and SCHEDULE AND FEE DEPOSIT REQUIREMENTS REV07/14 Purchase order copies to FSA: • Are due upon receipt by the dealer. They are considered late within five(5) business days. • Please scan a complete copy of the PO and forward by email to bkeillor @flsheriffs.org. • Place the following in the subject line. PO(dealer's name). Example: PO Spoton Motor Sports Administrative fees to FSA: • Reports are due quarterly(see schedule below) no later than the 10th of the month following the end of the quarter and should be sent by email to bkeillor @flsheriffs.org. • ALL awarded contractors MUST file a signed and dated quarterly report with their deposit. Should there be no activity during a given quarter, Contractor is required to submit a report, and must indicate"NO SALES THIS QUARTER"on the report. October 1—December 31 January 1—March 31 April 1—June 30 July 1—September 30 REV 08/29/2014 Page 40 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 • No copies of purchase orders are necessary for the quarterly report. They should already be on file. • Report must be complete with the name of the dealer and the date: Example October 2014. It is no longer necessary to indicate the quarter on the top of the report. • Check should be received by the FSA no later than the 15th of the month following the closing of the quarter. • Reports which do not adhere to the required format and/or not supported by complete, legible copies of all purchase orders in their entirety will be returned to the reporting dealership for correction of cited deficiencies. After receipt of payment from contract purchases, all administrative fees shall be payable by the Contractor to the Contract Administrator no later than 15 days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a detailed Quarterly Activity Report as defined in 3.61 "Summary of Total Sales" of the contract. By submission of these Quarterly Activity Reports and corresponding fee deposits, the Contractor is certifying the accuracy of such reports and deposits. All reports and fee deposits shall be subject to audit by the FSA or their designee. Copies of customers' original purchase orders will be used by the FSA as a check and balance measure. Contractors that fail to submit fees and Quarterly Activity Reports will incur a $25 per day late fee for every day that fees and reports are past due, beginning on the eleventh (11th) day of the month following the end of the quarter. Such fees are to be included in contractor's fee submission; however, any applicable late fees that are not included in the fee submission will be returned to the contractor as an incomplete report. Late fees which are outstanding more than 45 days can result in disqualification as a bidder in future year's solicitation. All notices for quarterly reports will be sent via e-mail — there will be no faxed or email reminders for contractors to submit quarterly reports. All participating contractors will be responsible for making sure that the Contract Administrator has the correct e-mail address for the person responsible for all quarterly reports.This information must be submitted to Becky Keillor at bkeillor @f]sheriffs.org. Failure to submit fees with accompanying sales summary reports, even if there are no sales, within 30 calendar days following the end of each quarter will result in the dealer being found in default. All re- procurement cost may be charged against the defaulting dealer and may result in immediate cancellation of your contract and removal from its bidder's list. REV 08/29/2014 Page 41 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 SPECIAL CONDITIONS -4.0 4.0 General Requirements for all Vehicles 4.0.1 HYBRIDS and other ALTERNATIVE FUELED VEHICLES (previously 3.63) 4.1 Specifications 4.2 Police Rated Vehicles 4.3 Special Service Vehicles (SSV) 4.4 Spare Tires 4.5 Factory Ordered Options 4.6 Federal and State Vehicle Manufacturing Standards 4.7 Vehicle Delivery 4.8 Dealer/Contractor Installed Equipment 4.9 Production Cutoff REV 08/29/2014 Page 42 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 SPECIAL CONDITIONS -4.0 4.0 GENERAL REQUIREMENTS FOR ALL VEHICLES The requirements specified herein apply to ALL vehicles purchased under the terms and conditions of this contract. This specification is not complete without the specific requirements described in the detailed specifications for the particular vehicle to be purchased. In the event there is a conflict between the requirements of this specification and those of the enclosed detailed specifications, the requirements as stated in the detailed specifications over and above the vehicle standard equipment for the vehicle to be purchased shall apply. 4.0.1 HYBRIDS and other ALTERNATIVE FUELED VEHICLES Movedfrom 3.63 The Florida Sheriffs Association and the Florida Association of Counties encourage the purchase of alternative fueled vehicles. Bidders shall provide prices for any standard production, special productions, limited production or experimental vehicles available from the vehicle manufacturer for any of the classes of vehicles specified in this bid.State the production status of the vehicle and enclose any and all available literature and information for each specification bid. 4.1 SPECIFICATIONS All units covered by this specification and the detailed specifications shall be the manufacturer's current basic production model, and shall, as a minimum, be equipped with ALL standard factory equipment in accordance with the manufacturer's latest literature. Bidders must supply a unit that either meets or exceeds all the requirements included in the applicable detailed specifications. All bidders will be required to bid on the models listed in each designated specification. All bidders will be required to provide any information requested on the price sheets, such as manufacturer and model number of various components,or may have their bid rejected. All equipment, options, and features provided must be designed, constructed, and installed to be fully suitable for their intended use and service. 4.2 POLICE RATED VEHICLES/MOTORCYCLES(PPV): Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These vehicles were historically referred to as "Pursuit Rated". These evaluations are not designed to recommend a particular product but to serve as a resource of information on vehicles which are currently being offered for police service. To see the full detailed report click or copy the links below. The importance with which each individual phase is weighted in these evaluations is a subjective decision which should be made by each agency based upon that agency's needs. REV 08/29/2014 Page 43 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 For the purposes of this bid specification the following recognized authorities are as follows; STATE OF MICHIGAN Department of State Police and Department of Technology, Management and Budget Police Vehicle Evaluation Program http://michigan.gov/documents/msp/VehicieTestBook2013-sm 406312 7.pdf Excerpt from the State of Michigan General introduction. "We recommend you review the information contained in this report and then apply it to the needs of your agency. This report is not an endorsement of products, but a means of learning what's available for your officers so they can do their job effectively and safely. If anything in this report requires further explanation or clarification, please call or write." LAPD LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM http://www.lasdhg.org/sites/car- test/2013.pdf Preface from LAIRD Evaluation Report "The Los Angeles County Sheriff's Department first implemented its police vehicle testing program in 1974. Since that time,our department has become nationally recognized as a major source of information relative to police vehicles and their use. It is our goal to provide law enforcement agencies with the information they require to successfully evaluate those vehicles currently being offered for police service. The Los Angeles County Sheriff's Department is proud to publish this information, via the internet, to all law enforcement agencies. Since the inception of our vehicle testing program in 1974, we have continually refined our efforts in this area in order to provide the law enforcement community with the most current information available. During the 1997 model year testing, the Sheriff's department expanded its existing criteria to include an urban or "city street" pursuit course. This course consists of multiple city block distances punctuated by the various types of turns normally found in most inner city environments. The "city street" course is designed to simulate the conditions encountered by most officers working in typical urban communities. The test is only conducted on vehicles offered with a factory"Police Package". Since many law enforcement agencies buy "non-pursuit" vehicles, we also test vehicles offered in a "Special Service" configuration when offered by the Manufacturers.These vehicles are tested in a similar fashion as "Police Package" vehicles however we do not subject them to the city street pursuit course. The booklet is not intended as a recommendation for any specific vehicle contained within. The Sheriff's Department conducts the vehicle testing program in order to accomplish two primary goals. To provide law enforcement agencies with the data necessary to assist those in the vehicle selection process, and to provide the various vehicle manufacturers with the input necessary to better meet the needs of law enforcement. We recognize the fact that individual agency needs can be influenced by cost, operational considerations and other factors. Our testing process is designed to address the law enforcement officer's operational requirements in terms of vehicle performance,vehicle safety,and comfort.The fleet maintenance interest is addressed by REV 08/29/2014 Page 44 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 performing an extensive mechanical evaluation on each vehicle submitted. Each test is designed and executed to simulate actual field conditions as closely as possible. The vehicles being tested are driven on city streets and interstates, as well as the performance track, by law enforcement personnel. The maneuvers duplicated during the electronic test procedures are those encountered in actual patrol and emergency operations which the law enforcement officer may encounter in the field. Interpretation of test results is the responsibility of each agency. The importance with which each individual phase is weighted is a subjective decision which should be made by each agency based upon that agency's needs." 4.3 SPECIAL SERVICE VEHICLES(SSV): Vehicles in this category, in some cases have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation (see 4.2). These vehicles are often referred to as "Special Service Vehicle" and often used in Public Safety applications and other areas of government. Please refer to manufactures published information for detailed information regarding these vehicles. 4.4 SPARE TIRES It is important to note "Full Size" spare tires are not standard with all vehicles regardless of Manufacturer, Make or Model. It is the end users responsibility to ensure your vehicle order meets your agencies specifications. 4.5 FACTORY ORDERED OPTIONS: ALL factory ordered options are to be "OEM and factory installed" unless otherwise noted by the dealer and acknowledged in writing by both the dealer and the customer. Verbal agreements will not be recognized; if any exception to the delivered product is taken be the dealer or the customer. 4.6 FEDERAL AND STATE VEHICLE MANUFACTURING STANDARDS: In addition to equipment specified by these specifications and by the applicable detailed specifications, vehicle shall be equipped with all standard equipment as specified by the manufacturer for this model, and shall comply with all EPA Emission Standards, Federal Motor Vehicle Safety Standards as established by the U.S. Department of Transportation, NHTSA, regarding the manufacture of motor vehicles. 4.7 VEHICLE DELIVERY The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean, and in first class operating condition. Pre-delivery service,at a minimum,shall include the following: • Standard Dealer and Manufacturer protocol for new vehicle delivery plus; ■ Cleaning of vehicle, if necessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT remove window price sticker or supplied line sheet; ■ Speedometer must be correct regardless of the tires provided by the vehicle manufacturer or axle ratio furnished; ■ Owner's manual and warranty manual to accompany each vehicle; REV 08/29/2014 Page 45 FLORIDA SHERIFFS ASSOCIATION Contract Terms and Conditions Rev 8/29/14 • All specified as "factory installed" is to be installed on the vehicle at the primary site of assembly and is to be the manufacturer's standard assembly-line product. No aftermarket and no dealer installed equipment will be accepted as "factory installed". Vendors found supplying aftermarket or dealer installed equipment where "factory installed" are specified may be required to retrieve all vehicles delivered and reorder new vehicles meeting the specifications. • Manufacturer's suggested retail price list sheet (window sticker) form MUST be in the vehicle when it is delivered to the purchasing agency. Vehicles that are missing this form, or have forms that have been altered,will not be accepted; 4.8 DEALER/CONTRACTOR INSTALLED EQUIPMENTREVS/14 All dealer installed accessories (roll bar, trailer hitch, etc.) shall be installed according to the manufacturer's specifications. All such accessories must be manufactured by a recognized manufacturer of the product provided, unless the accessory is not available from a recognized manufacturer. Dealer is required to disclose "Make/Model" of product being offered and the location, design, and model must be approved by the customer prior to installation. Dealer must also disclose the warranty of any item that less than or exceeds factory vehicle factory warranty coverage. An awarded contractor that employs or subcontracts technicians to install emergency equipment on vehicles purchased on this contract are required to utilize technicians that are certified in Law Enforcement Vehicle Installation through EVT Certification Commission, Inc.or an approved equivalent. The Florida Sheriffs' Association Contract Administrator may at any time during the contract period request proof of the required certification. Any awarded contractor that violates this provision will be considered in default of the contract. The contract may then be terminated upon ten day written notice of said violation. 4.9 PRODUCTION CUTOFF Contractor shall notify the Contract Administrator, in writing, no less than sixty(60) calendar days prior to the close of "Fleet Final Order Date". Purchase Orders received by the contractor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. Purchase Orders issued and received after the cutoff date will be subject to availability. If a purchase order has been timely received by the contractor and the manufacturer and the manufacturer fails to produce/deliver the production year vehicle, the contractor must provide the next year's equivalent model at current contract prices. Purchase Orders received by the contractor after the cutoff date, the contractor and manufacturer at their sole discretion may choose to provide next year's model at current year's prices until the end of the contract term. REV 08/29/2014 Page 46 Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑ 36.03(A) $25,000 and above (4) Speciality Good ❑✓ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract Florida Sheriff's Association (10) Resale � Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Utilization of other government contract. Four vendors: Southern Sewer $222,605 Don Reid Ford $289,550 Alan Jay Automotive $101,707 Garber Chevrolet $78,392 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B.Cooper,City Manager DATE: March 4,2015 SUBJECT: AGENDA ITEM 9.G.-REGULAR COMMISSION MEETING OF APRIL 6,2015 APPROVAL OF REIMBURSEMENT AGREEMENT FOR DRAINAGE IMPROVEMENTS AT 1745 PALM TRAIL/PALM TRAIL ENCLAVE,LLC BACKGROUND Palm Trail North(between Kokomo Key and Estuary Trail)has been subject to roadway flooding during periods of rainfall and especially in hurricane season. The flooding of the roadway poses a potential safety and driving hazard for those residents who travel along Palm Trail in this area.In efforts to mitigate the potential of future flooding on the roadway,ESD designed a storm water system to convey the rainwater to the Intracoastal Waterway. The subject properties lie within the Allen Avenue Drainage Improvement project,designed in 2011.The east-west segment of the design,approximately 200 linear feet of 24-inch storm water pipe will need to be installed in an easement located between two properties; 1785 Palm Trail(Palm Trail Lot B,LLC)and 1745 Palm Trail (Palm Trail Enclave,LLC). In December 2014,Mr.Rick Caster(Palm Trail Enclave,LLC)submitted a building permit application for the construction of a 6,400 square foot single family residence at 1745 Palm Trail. Mr.Caster further agreed to install the 24-inch drainage pipe on behalf of the City,since he anticipates completing construction at 1745 Palm Trail prior to the City's completion of the Allen Avenue Drainage Improvement project. In addition,due to the location of the proposed drainage line, a 12-foot Drainage Easement is required. Both property owners agreed to provide a 6-foot drainage easement. Acceptance of the 12-foot Drainage Easement is being presented to City Commission as a separate item for approval. The Reimbursement Agreement will allow the City to reimburse the developer of Palm Trail Enclave,LLC, 100%of the actual costs,not to exceed$24,900 for the engineering services and construction costs. The cost covers the installation of approximately 200 linear feet of 24-inch HDPE corrugated pipe for storm water conveyance.This drainage system lies between Palm Trail and the Intracoastal Waterway along the north property line at 1745 Palm Trail(Lot C)and the south property line at 1785 Palm Trail(Lot B). The related easement for this project has a reverter clause which provides that the easement,which includes City's right to access the drainage pipe,will be terminated if the Allen Avenue Drainage Improvement project is not completed in 60 months. The public purpose benefit to the City allows for the proper drainage of Palm Trail North and the potential to mitigate the flooding conditions currently being experienced on the roadway. Attachments: 1)Location map. 2) Civil plans.3)Reimbursement Agreement.4)Best Interest Resolution 21-15.5)Best Interest Resolution 21-15 Exhibit A.6)Best Interest Resolution 21-15 Exhibit B. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider approval/authorization for Mayor to execute a Reimbursement Agreement with Palm Trail Enclave,LLC for 100%reimbursement in the amount not to exceed$24,900 for City drainage infrastructure improvements at 1745 Palm Trail. TIMING OF THE REQUEST High importance; Mr. Caster wants confirmation that the City will reimburse him 100% of the cost, not to exceed $24,900, associated with drainage line installation on his property.He anticipates initiating construction at 1745 Palm Trail in April 2015 with a completion date of September 2015. FUNDING SOURCE Funding is available from 448-5461-538.68-55. RECOMMENDATION By motion,approve the Reimbursement Agreement with Palm Trail Enclave,LLC(Rick Caster)for drainage infrastructure improvements at 1745 Palm Trail in the amount not to exceed$24,900. RESOLUTION NO 21-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ALLOWING A THIRD PARTY TO OBTAIN WRITTEN QUOTATIONS FOR THE COST OF MATERIAL AND LABOR FOR THE INSTALLATION OF A DRAINAGE PIPE FOR A PORTION OF THE PALM TRAIL/ALLEN AVENUE DRAINAGE PROJECT, THE COST OF WHICH WILL BE REIMBURSED BY THE CITY; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S WRITTEN QUOTATIONS METHOD OF PROCUREMENT FOR THIS PORTION OF THE DRAINAGE PROJECT IS NOT IN THE BEST INTERESTS OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Environmental Services Department (ESD) seeks approval to waive the procurement code by allowing Palm Trail Enclave, LLC (Owner) to secure competitive pricing, by means on obtaining three written quotes, for the cost of the construction of drainage improvements that will be installed by Owner and reimbursed by the City, for the purpose of providing a public purpose benefit to the City. WHEREAS, Palm Trail North (between Kokomo Key and Estuary Trail) has been subject to roadway flooding during periods of rainfall and especially in hurricane season. The flooding of the roadway poses a potential safety and driving hazard for those residents who travel along Palm Trail in this area. To mitigate the potential for future flooding on the roadway, ESD designed a storm water system to convey the rainwater to the Intracoastal Waterway known as the Palm Trail/Allen Avenue Drainage Project ("Project"). Funding for this Project was appropriated in the Capital Improvement budget FY2014-15, but it has not yet been constructed. WHEREAS, Palm Trail Enclave LLC (Owner) owns property located at 1745 Palm Trail, upon which a portion of this Project, specifically a lateral drainage pipe, is planned to be constructed. Owner has agreed to grant the City an easement for this lateral drainage pipe along the north property line of Lot C of Snow Hill, Plat book 21 Page 83, Palm Beach County, Florida. Also, Owner has offered to construct a portion of the lateral drainage pipe as depicted in Exhibit "A" at the same time it constructs other improvements on the property, which are scheduled to commence on April 2015 with a completion date of September 2015. It will be difficult for the City to install this section of the lateral drainage pipe after the other improvements on the property have been constructed. WHEREAS, City has agreed to reimburse Owner, in an amount not to exceed $24,900, for cost of installing this portion of the lateral drainage pipe so long as the cost of the installation is the best price for the City. Res No. 21-15 WHEREAS, Owner has solicited three quotes from underground contractors to ensure competitive pricing for the material and labor necessary to install approximately 200 linear feet of 24" HDPE Corrugated pipe between Palm Trail and the Intracoastal Waterway. WHEREAS, due to the location of the lateral drainage pipe and the impending construction of other improvements on the property, staff recommends waiving the procurement code by allowing Owner, not the City, to obtain three written quotes to ensure competitive pricing for the installation of a portion of drainage improvements located at 1745 Palm Trail, the cost of which will be reimbursed by the City in an amount not to exceed $24,900. 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 Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the procurement by written quotations that are obtained by Palm Trail LLC, as attached as Exhibit"B", 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. Cary D. Glickstein, M A Y O R ATTEST: City Clerk Res No. 21-15 REIMBURSE-MINT AGREEMENT THIS AGREEMENT entered into this day of, 12015,by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and Palm Trail Enclave, LLC, a Florida Limited Liability Company (hereimftr referred to as DEVELOPER),to provide as follows: WHEREAS, DEVELOPER, intends to install approximately 200 linear feet of 24" HDPE corrugated pipe between Palm Trail and the Intracoastal Waterway along the north property line of Lat C of Snow Hill, Plat Book 21, Page 83, Palm Beach County Florida,hereinafter referred to as the"Project". WHEREAS, the public right-of-way adjacent to the property has been subject to roadway flooding during periods of rainfall, which poses a.potential safety and driving hazard for those residents who travel on Palm Trail. Therefore, expenditures related to this project serve a public purpose. WHEREAS, the CITY intends to reimburse the DEVELOPER for all of the engineering costs and construction costs related to the project, NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the DEVELOPER and CITY hereby agree as follows: 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. The DEVELOPER shall provide for the design and construction of the Project as provided in Exhibit"A",attached hereto and incorporated herein. 3. The CITY shall reimburse the DEVELOPER one hundred percent (100%) of the actual costs for the engineering services and construction costs associated with the Project, in an amount not to exceed$24,900,upon the completion of the work as determined by the CITY, through-receipts submitted by Developer. Developer shall be responsible for all other costs associated with the Project, including but not limited to cost overruns, testing, site restoration, City building permits and South Florida Management District Dewatering permits (if required). City shall. be responsible for obtaining permits required by the Florida Department of Environmental Protection and the Army Corps of Engineers (if required). 4. To obtain payment for reimbursement,DEVELOPER shall submit to the CITY an original invoice plus one copy together Arith any other information or documentation which may be reasonably :required by City to review and confirm the adequacy of the payment reimbursement request no later than sixty (64) days after the Project has been completed and accepted by the CITY. Invoices shall designate the nature of the services performed. CITY shall pay DEVELOPER within thirty (30) calendar days of receipt of DEVELOPER'S proper invoice, and as required by the Florida Prompt Payment Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement. Payment may be withheld for failure of DEVELOPER to comply with a term, condition, or requirement of this Agreement_ 5. The cost and expense for all restorations of the area affected by the Project shall be the.responsibility of the DEVELOPER. The restorations shall be performed in accordance with the DEVELOPER'S engineering plans as approved by the CITY b. DEVELOPER shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws, ordinances and regulations of the place of the Project which are applicable during the performance, of the work. Developer shall also pay all application, filing and pmt fees, including, but without limitation, all fees to local, regional and state government and agencies, except for permit fees as described in Paragraph 3. 7. DEVELOPER warrants and guarantees to the CITY that all work on the Project shall be constructed in accordance with the applicable codes of the City of Delray Beach. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance by City. Unremedied defects identified for correction during the warranty/guarantee period but remaining aver its expiration shall be considered as park of the obligations of the guarantee and warranty. Defects in the construction of the Project, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. 8. DEVELOPER or its Emgin= of Record shall supervise and direct the installation and construction of the Project, applying such sIdIls and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods,techniques, sequences and procedures of the construction and installation of the Project. 9. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. The CITY shall also have any other remedy available to it in law or equity. 10. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the Project. There are no representations or understandings of any kind.not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 11. DEVELOPER shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend 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, negligent, or reckless act of, or omission of, DEVELOPER, 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, DEVELOPER shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this.section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Attorney, any sums due DEVELOPER under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 12. DEVELOPER or its General Contractor shall procure and.maintain prior to commencing any work on the Project worker's compensation insurance in an amount required by law and General liability insurance with a minimum limit of$1,000,000 per occurrence and $2,000,000 in the aggregate annually, governing bodily injury and property damage in standard form,insuring CITY as additional named insured. IN WITNESS WHEREOF,the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: City-Clerk Cary D, Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: DEVELOPER e Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrament was acknowledged before me this day of 201_5 by "�r f �4 T,�, ; r ;;' as (name of officer or agent, title of officer or agent) of JOSE!+Af n&-" �N t�E- .. (name of corporation acknowledging), a Re- (state, or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced /L_ (type of.ideatific tan �as ideptifica�on.. mature of blot '�AY avB. 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Proposal 3.9.2015 62 Akron Road Lake Worth, Florida 33467 561-533-7065 fax 561-540-6088 QSG060099 Proposal --- Customer Name Castor Developers Date 3.9.2015 Address 290 SE 6th Avenue,Suite#5 JOB: HDPE install City Delray Beach State FL ZIP 33444 Phone: 561-279-9998 9ty Descri lion Unit Price_ TOTAL 1 LS Mobilization $1,500.00 $1,500.00 212 LF Supply and install 24"HDPE $80.00 $16,960.00 1 LS IDewatering $3,200.00 $3,200.00 2 End caps. $250.00 $500.00 1 LS supply and install fabric and rock as per plan @ $350.00 $350.00 penetration through seawall. i No permits, permit fees,as builts,or engineering- Any other items not directly addressed in this proposal to be excluded. No fie in to city catch basin. SubTotal $22,510.00 OUR SERVICES Shipping&Handling $0.00 LAND CLEARING HELICAL PIERS/ANCHORS Taxes GRADING UNDERPINNING TOTAL $22,510.00 EXCAVATION ALUMINUM SEAWALLS DEMUCKING VINYLSEAWALLS BUILDING PADS SEAWALL STABILIZATION Office Use Only SITE/YARD DRAINAGE HOURLY EQUIP.SERVICES SOIL DENSIFICATION HAULING WHAT ELSE CAN WE DO FOR YOU??CHECK US OUT ON THE WEB: VA".T-FC4 NTRACTi N G.CQM VOGEL Proposal I Ponstructon Licensed General Contra*r CGC 061223 phone:554.975.7667 fax,854.975.0454 Tm Pa.nTrAE11W OVI.LJC 2001 NW IeAve 290.SE&PAe#5 Suite 103 DdMBeachR.33403 Pompano Beach,FL 33069 Location-Palm Trail Enclave From Robert J Vogel Mardi 19,2415 Scope of Work Vogel Construction proposes to supply labor and materials to install 24" SDR pipe as shown per plans by Envirodesign Associates for the project listed above. The proposal is detailed as follows. 1. Excavate approx.210 linear feet to bottom grades $ 5,000.00 2. Install approx.210 linear feet of pipe per details $ 22,000.00 3. Dewatering will be required at depths specified $ 3,500.00 4. Backfill and compact trench on top of new pipe $ 2,,500.00 TOTAL PRICE FOR SCOPE OF WORK LISTED ABOVE $ 33,000.00 Permits or permit fees if necessary to be charged at cost+10%+ 10% Exclusions: Permits,permit fees,FPL,Comcast,engineering,existing code deficiencies,or anything not specifically outlined in this scope of work. Although the utmost care will be taken,we will not be held responsible for any unforeseen conditions or damage beyond the Contractor's control. Respectfully Submitted: Robert J.Vogel Licensed General Contractor CGC061223 'This proposal may be withdrawn if not accepted within 15 days. •Page 1 Contracting Corporation Mr.Nick Bieber,Bieber Development February 7,2or5 RE: Palm Trails Lot Delray Beach,EI Revised Thank you for the opportunity to submit a proposal on the above referenced project.After speaking with the engineer of record,It appears the plans still need to be reviewed by the city.The plans are missing several items,therefore this quote Is for budget purposes only until approved plans are made available. Earthwork 1. Remove onsite boulders/tress i LS $1,750.00 2.Strip top material prior to muck removal 750 CY $ 2.90 $2,175.00 2. Excavate, remove S dispose muck material 900 TCY $16-35 $14,715.00 3.Import,spread and compact fill material 2200 TCY $12.50 $27,500.00 Drivewaylparking 1. 12" Compacted Subgrade 200 SY $ 7.00 $ 1,400.00 2. 6"Umerock Base 25 SY $50.00 $ 1,250.00 3 4" Ltmerock Base 160 SY $28.00 $ 4,480.00 Offshe Drainare 1.24" HDPE 213 LF $ 107.80 $22,960.85 2.Type"C" Inlet I EA $2,915.00 $ 2,915.00 3. Connect to Existing 1 EA $1,292.50 $ 1,292.50 4.Plug Existing 1 EA $ 346.50 $ . 346.50 Patio Drainage 1. 12" Drain Basin 6 EA $1,292.50 $ 7,755.00 2.6,E PVC 80 LF $ 27.23 $ 2,178.40 Sanitary Sewer 1. 6"SDR26 Lateral 63 LF $ 30.25 $ 1,905.75 2.Clean-Out Assembly 1 EA $ 506.00 $ 506.00 3.Connect To Existing 1 EA $ 2,475.00 $ 2,475.00 4.Asphalt Restoration 1 LS $ 3,200.00 $ 3,200.00 AN= 1. Mobilization 1 LS $ 2,500.00 2.Slit fence 1 LS $ 1,000.00 TOTAL - $104.305.0 Assumptions&Exclusions: 9.Asphalt restoration is only at the immediate location of the pipe. 2. Permits or Fees excluded. 3. Final grading excluded. 4. Damage to our work from other trades will be repaired or replaced on a Time and Material basis. 5.Testing, engineering,inspections,surveying is excluded. 6.Utility Connection to buliding by others. 7.Sod or seeding excluded. B.Televising excluded. 9.Overlay excluded on adjacent road. 10.Structural excavation or backfilling excluded. 11.Patio construction excluded. Paul Possanza, President Boynton Beach, Florida 561-400-7428 NORTH r g LL o omo r Z ; L---------PRIM r Ave.-- - -- 1745 r - o Estuary Way e a O TE;a ,. ve —r - - 1745 Palm Trail Document Peth S'.\Eng CADD\GIS\Projects\K,.s,,. .,,.I_of City—d VQIHO'IA `HOV3H CVZII3Q 'IIV2I,L W'IVd 9O/.T scow,cTnsNl03�wcNI3 ruNIox�nnI3sd33KIDN3 w °z N ��ii s�++ z�pp TT ��qq��g;�TT iO�b�ii �+ 1V�QII.J��L L1�TY4V.1 ��IJ LV IS u6 saOO�inu3� �f p w r :HOd KV'Id S,LKINIA0UdIVI 'd,LIS 'IIAIO CIS Fzm r o s v 3 ryt3 z a - 2 x ONTF x _ m 3 w Zr"i�mJ o III L a I rc w r W - z o a o rc v - - 0 0 0 rcoY _ o - - rc wrc a ._ z a z _ w a om w n w - - a m E - o I w r 0 f - j w o I � rc � w m � - �1 I LL x o _ 1 " o I " w x a z� I o� o I _ 3 m w o I 0 z _ 0 �x o o I a m w o o w �_ o w m - w> ❑Ch i � w m z ¢ o < z " m x �z <. w x w x _ III❑I - H O O N m I❑ uu W ifJ _ C __ w �a ¢ n 'El O pw I o - �QF w " > m I o iw �Po z tea" f w� a - a � w U S'w w Q ' 1 R S SS drc La Y NVS Nq o Q SNN SAN -- -rL w i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: March 27, 2015 SUBJECT: AGENDA ITEM 9.H.-REGULAR COMMISSION MEETING OF APRIL 6,2015 WORKFORCE HOUSING OPTIONS/SOFA DISTRICT LOFTS BACKGROUND The purpose of this item is to clarify the options available to a developer to satisfy the obligation for workforce housing units. Specifically, LDR Section 4.7.2.(c) states that "[djevelopers may meet this requirement by providing the units on-site,providing a monetary contribution, or the delivery of off-site units. A combination of these three (3) options is permissible. " However, the City Commission Order dated February 24, 2014 contains an ambiguity. Section II (a)(2) (b) provides that workforce housing units may be provided either onsite, offsite or through monetary contributions, and condition 3 of Exhibit "A" of the Order states that the Sofa District Lofts would provide the workforce housing obligation onsite. This item clarifies this ambiguity of the Commission Order by recommending the developer may meet its workforce housing obligation by any of the three (3) available, or a combination of the three (3) options contemplated by the LDRs. Finally, the developer has now advised that it desires to utilitze the monetary contribution and pay to the Housing Trust Fund the sum of$1,280,000 ($160,000 per unit) as payment for the eight (8) required workforce housing units. DISCUSSION This item is before Commission to clarify the available options for the Sofa District Lofts mixed use development to satisfy the workforce housing requirement. RECOMMENDATION Staff recommends that it be clarified that the Sofa Districts Lofts mixed use development be permitted to satisfy the workforce housing obligation for eight (8)units by providing the units onsite, by providing a monetary contribution, or by delivery of units off-site, or any combination of these three options, in accordance with LDR Section 4.72(c). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MOE31FICATION REQUEST FOR SOFA DISTRICT OFFICES AND LOFTS ORDER OF THE G1TY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. - This conditional use request to increase- the residential density of the project to 67.6 dwelling units per acre for the SOFA District Offices and Lofts, located orl -the east side of SE.1st Avenue, south of SE V�Street at 111 SE 1�'Avenue, has come before the City Commission on February 24; 2014, 2; The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to.the conditional use request for the SOFA District Offices and Lofts_ All of the evidence is- a part of the record in. this case. Required findings are made in accordance with:Subsections I and 11. I. COMPREHENSIVE PLAN a. -Com rehensive Plan - Future. Land Use Element Obiectiive.A-1_ This objective requires that the-property shall be developed or redeveloped as it pertains: to height, in a.manner so that the future use and intensity is appropriate in terms of soil,. topographic, and other applicable physical considerations, is complementary to adjacent Land uses, and fulfills remaining land use needs. Is the Future Land Use Element Objective A-1 met? Yes No ba 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 rand-use desigriation as shown on:the-Future Land Use - February 24,2014 Regular Meeting-SOFA I i I Map. The subject property has a Future land Use Map designation of Camtneriai. Core and is zoned Central Business District. Is the project's proposed location consistent with the Future Land Use Map? I Yes V- No C_ Concurrence: Facilities which-are provided fay, yr through, the-City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities-shall be provided.pursuant to levels of service established within the Comprehensive Plan.. Concwrreney as defined pursuant:to Objective B-2 of the Land Use Element of 'the Com}arehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor 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: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, opera space, solid waste and schools? Yes No. d_ Consistency: Will the granting of the conditional use be consistent wifli and further the goals and policies of the Comprehensive Plan'? Yes 4 Na 1 Il. LDR REQUIREMENTS. a. LOFT Section 2.4.5E Re uired Findings: Conditional Usti): Pursuant -to Section 2.4.5(E)f5), in addition to provisions of Chapter 3; the conditional use will not 1. Have a significantly detrimental. effect upon. the stability of the neighborhood within which it will be located= _ . ----------___- -- --- :-- Hinder developMent or redevelopment of nearby-properties. February 2A,2014 Regular MeeUn"OFA 2 Are Section 2.4.5(E)(5)requirements met? yes ` Nv b: Increase in Density. Pursuant to LQR Section 4.4.13(1), an-increase- in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion. of the CBID, provided that 20% of the residential units above 30 dwelling units.per acre in the commercial core shall be workforce-housing units_ The workforce housing units shall be divided between lover and -moderate income-levels and shall he provided either onsite, offsite or through a monetary cont0bution_ 1. The applicable performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building.mass-. (h) If the building includes. a parking garage as an associated structure= or within the principal building, the garage elevation provides unified design. elements with: the main building through- the use of similar building materials and color,vertical and.horizontal elements-,and architectural style. (c) A. number of different unit types, sizes s, -and flour plans are 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_ (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot; and landscaping. Fetuu:uy 24,2014 Regular Meeting-SOFA 3 (e) The development provides common areas and/or amenities for residents such as swimming poo[s, exercise moms, storage rooms or lockers, covered parking;gardens, courtyards or.similar areas and/or amenities; M The development ptornotes pedestrian movements by providing convenient access -from the residential units to the public sidewalk system,: (g) The development provides- opportunities to share parking, accessvways; driveways, etc., with adjoining properties, or provides. additional parking spaces that may be used by the public_ (h) Projects fronting on-Atlantic Avenue; NUyISW 5th Avenue, NE it.Street; or SE 1st Street contain nonresidential uses on the ground floor_ At least 75% of the surface area of the front street wall(s) at the ground floor-area(of each such building is denoted to display windows and to entrances to commercial i uses-from outside the building_ (i) The landscape. plan for the development preserves and incorporates existing native vegetation (where- available), provides new, landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative 'use of plant material, improves site design, provides useable. open space or public. plazas, and maximizes available areas fbr pedestrians interaction. Are the requirements for an increase iin density under Section 4.4.13{I}met? Yes 4 Nom 3. The comments and notes set forth in the staff report are hereby incorporated herein_. 4. --The City Commission has applied the Comprehensive- Plan and LDR requirements in existence at the time-the conditional Use request-Was submitted. A February 24,2014 Regular Meeting-SOFA 4 i i i 5. 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 cornpetent witnesses supporting these findings. 6. Based on the entire record before it, the-City Commission.approves V i denies the conditional use request set forth above subject to.the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 24th day of February, 2014, by a vote of 5 in favor f provai and 0 opposed. - Cary D. GI- ks irn, Mayor K-1`7��A Ghe►f�lie l�ia�iiri - - _ City Cfi;�rft February 24°2014 Regular Meebng-SOFA EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR SOFA DISTRICT OFFICES AND LOFTS 1. That the applicant submit-an application for-Class'V"Site Plan Approval which at -a minimum addresses the following issues recommended by the Planning 4. Zoning Board on January 27, 2014: a.. A contributiion of approximately one-half the cost of-a bus shelter must be paid prior to certification of the site-plan for the development for the Sofa District Offices site. b. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. c. Amplified musicwill-.not be permitted-on the amenity deck areas_ d.. A note-shall be placed on the site plan to indicate nine and one-half feet(9.5') of height in the parking garage to alllow the access of handicap vans. e: A waiver to LDR Section 4-6.18,8.14,iv.2.,whereas-the. minimum transparency or glass surfabe area on the ground floor wall area of all non-residential buildings shall be a minimum of 75°/0 of the wall area for that elevation.- The site data chart indicates that the percent of proposed transparent or glass surface area provided on.the ground level is-5-7.871/4-along SE 1 s°Ave. f. A waiver to LDR-_Section 4.4.13.F.4.c.2.,whereas the floor area for each floor contained within thek portion of the structure that is 25'to 48' in height:shall not exceed (seventy percent} 70% of the floor area contained within the allowable ground level footprint. The 3`�, 0 and 5v' levels fall within this height-range. One -hundred- eighty-seven (187%) is proposed, whereas seventy percent (70%) is.the maximum. g. A waiver to LDR Section 4.4.13(F)(8),whereas balconies, loggias,trellises and roof eaves may encroach into the required. setback area up to a.maximum of four feet(4')_ Five foot (5) balconies appear to encroach into.the rear setback area along the alley on all upper floors; b. A waiver to LDR.Section 4.6.16(H)(3)(d), Whereas a five-foot (5) landscaped buffer-shall be provided between the off-street parking area or other vehicular use area and abutting property. No landscaping is provided on the ground level to separate the ground floor bicycle storage area and the twenty-four foot (24') wide two-way driveway access ramp to the-.upper level parking garage along the west_ property line. Thus, a zero foot (0) landscape buffer is proposed.. i. A waiver to LDR Section 4.4.13,F_4.c.2., whereas upper levels between.-25 and -48 feet-in- reiht-oust_be-setback..a_minimum,of, 15_ eet_for 70 a _#he..g - --- building frontage. Seventy percent(740/8) , which equates to 257.75 feet, must February 24,2014 Regular Meeting-SOFA be setback 15 feet, whereas only 57.5 feet is proposed (150/6), a reduction of i 55%1.The third floor measures between a height of W-6"and 29 feet- j. A waiver ta.LDR Section 4.6:10(13)(14)(vi)(4)(b), whereas'fif<y percent(50%)-of the garage portion of the building on the ground level to be dedicated to use for retail, officer entertainment:or other non-residential uses is required. The applicant is proposing five percent(5%)of the ground level to be dedicated for retail,-office, entertainment or other non-residential uses:. If We fitness center is open o membership by the public, the perce-Aage .rises to nine percent (9°/Q), but will still necessitate a waiver. k- Five (5) additional parking: spaces are required to support the recreational amenity deck and pavilion on the 0 floor of the Sofa District Offices building. I. Provision of a minimum IT x 30' loading space shall-be provided off of the existing 16' alley in the rear with convenient access to a service elevator serving all five(5)floors. m. Sight visibility triangles are correctly drawn along the-a[ley and SE 1't'Avenue which meet the minimum dimensional and visibility requirements between 3' and 6'. n_ A waiver to l_DR Section 4.4.13.F.1.C. to reduce the ground-floor ceiling height from ten feet (10') to nine feet (9'), dine feet (9') has been proposed on all levels of the Sofa District Lofts building. o. Condition #2 as proposed by S.A.RE. (Safety As Floridians Expect) from the Chairman, James-"Jim" Smith dated January 27, 2014 which reads"Provide a minimum of twenty (20) secured bicycle spaces in the Loft Building and ten (10)secured bicycle spaces'in the Office Building-` p_ Condition #3 as proposed by SA-F.E. (Safety As.- Floridians Expect) from the Chairman, James 'Jim" Smith dated January 27, 204 which reads "Construct a shower/changing room-in the.Orffice Building." q_ Condition #4 as proposed by SAKE- (Safety As Floridians Expect) from the Chairman, James "Jim" Smith dated January 27; 2014 which reads "Provide lockers for bicyclists and joggers in the Office Building." r. Condition #5 as,proposed by S.A.F.E. (Safety As Floridians Expect) from the i Chairman, James "Jim" Smith dated .January 27, 2014 which.reads "Install an automatic door for the Loft&Office Buildings' bicycle storage rooms for ease of entrylexit.." s. Condition #6 as proposed by &A-F.E. (Safety As .Floridians Expect) from the Chairman, James."Jim" Smith dated January 27, 2014 which reads Purchase and maintain an. electrical:vehicle (street legal golf cart or similar vehicle) to provide local transportation for residents within the Loft Building for shopping and other local use within downtown Delray Beach on a first come,first served basis L Condition #8 as proposed by SSA F.EE. (Safety As Floridians Expect) from the Chairman, James "Jiro" Smith dated January 27, 2014. which reads "Provide February 24.2014 Regular Meeting-SOFA the following info at each calendar year to SAFE andlor the City of Delray Beach until all of the units have been sold by the-developer: a)The number-of combined Retail or Office, and Loft purchases, b] The number of stored bicycles- and, c) The number of times Elf -ryas used during each calendar year." ;u: The proposed 1,422 sq. ft, fitness center presented as an amenity 'to the residents must be available for membership purchase by the: general public- Adjust shared parking requirements accordingly and modify plans-as needed to demonstrate compliance. 2. Verification from the Palm Beach County School District that.the project-wilt meet school concianency. 3. Evenly distribute the Workforce Housing (INFH) units on various floors and in various locations- throughout the Sofa District Lofts• building and assure that each different type of unit is offered on-site- .... I i I Februarys 24,2014 Regular W5_ling-SOFA I CITY OF DELRAY BEREH E DELRAY BEACH " 1, 1 11 1 100 N.VV. 1,[AVL. DELRAY REACH, FLO731DA 3343 All-AmericaCit/yr U 1993 2001 The undersigned hereby acknowledges receipt of check number in the amount of$1,280,000.00 payable to the City of Delray Beach Housing Trust Fund, that is presented to satisfy the workforce housing requirement for the eight (8) required units for the Sofa District Lofts mixed use developments located on the east side of S.E. Fr Avenue, between S.E. Ft Street and S.E. 2nd Street ("Sofa District Lofts The referenced monetary contributions for workforce housing units shall be payable to the City of Delray Beach Housing Trust Fund in accordance -with the applicable sections of the City's Land Development Regulations (LDRs). The payment of the $1,280,000.00 which is hereby acknowledged has fulfilled all i vorkforce housing obligations required by the City Commission Board Order, Conditional Use Approval and Site Plan Review and Appearance Board Approval for the Sofa District Lofts. Except as specifically provided for herein, all terms and conditions of the prior City Commission Board Order, Condition Use Approval, and Site Plan Review and Appearance Board Approval for the Sofa District Lofts remain in full force and effect. I Cary Glickstein, Mayor Date Chevelle Nubin, City Clerk Date Noel Pfeffer, City Attorney Date i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 10, 2015 SUBJECT: AGENDA ITEM 9.I.-REGULAR COMMISSION MEETING OF APRIL 6,2015 AMENDMENT NO. 1 TO THE PARKING LICENSE AGREEMENT/LSMS,INC.D/B/A TRAMONTI RESTAURANT BACKGROUND LSMS Inc. d/b/a Tramonti's, located at 111 East Atlantic Avenue, (formerly Craig's Furniture Store), holds a parking license agreement for the valet queue for three (3) spaces on the east side of NE 2"d Avenue, just north of Atlantic Avenue. The spaces used for the storage of cars parked by the valet are owned by DHBH, LLC, comprised of the 26 parking spaces located in the east/west alley on the north side of 100 Block of East Atlantic Avenue. The spaces were part of an agreement borne of an eminent domain case brought forward by the Community Redevelopment Agency, (CRA), to attain a piece of property, (formerly the warehouse to Craig's Furniture Store), to develop the park adjacent to the OSS Garage. The spaces are not currently required parking dedicated to a particular use. They are available for development of lot C of a property also owned by DHBH, LLC. noted on the attached aerial. To date, during daytime hours, the spaces are designated through signage for use by businesses located in 105, 109 and 111 East Atlantic Avenue that are tenants of DHBH, LLC. While customers patronizing other businesses during daytime hours were not towed or booted, customers patronizing DHBH, LLC. tenants often times found spaces were not available. In an effort to keep the spaces available for the tenant's customers, DHBH, LLC, through Tramonti's has determined operating the valet during the day is the best course of action. Please note, the valet agreement requires the valet to accept all patrons. The current hours of operation for the valet queue are 5:00 PM to 2:00 AM daily. The attached amendment to the agreement establishes the new hours of operation for the queue opening at 10:00 AM Sunday through Friday and 8:00 AM on Saturdays, still closing at 2:00 AM daily. It is noted that the owner has had an attendant manning the parking lot on Saturdays due to the number of people visiting the green market using the spaces. The only other valet queue operating daytime hours is Caffe Luna Rosa, east of the Intracoastal Waterway, which pays a slightly higher rate per space per month, ($141.95 vs. $113.56). Given the additional hours of service, staff deems it appropriate for the Tramonti valet spaces to be priced accordingly, generating additional revenue for the City in the amount of$1,022 per year. The Parking Management Advisory Board, at its meeting of October 28, 2014, unanimously recommended approval of the request. The Downtown Development Authority, at is meeting of November 10, 2014, unanimously recommended approval of the request. Subsequently, the Board submitted a letter on December 5, 2014 expressing concern that the City can revert to evenings only if the daytime queue creates negative impacts in the neighboring area. It is noted, the agreements can be cancelled, or in this case reverted, upon written notice if deemed appropriate. The Community Redevelopment Agency, (CRA), did not support the applicant's request citing the marginal number of on street parking spaces in the Pineapple Grove Area and vehicular and pedestrian congestion historically caused by valet activity. While the Pineapple Grove Way area may be short of on-street parking, the OSS Garage, with its 500 self-park spaces, amply compensates. Furthermore, traffic generated in the queue during daytime will be less substantial than the evening. Attachments include: - Letter of Request - DDA Letter - Aerial View - Proposed Agreement FINANCIAL DEPARTMENT REVIEW Finance recommends approval, subject to the following considerations: (1) Hours of operation are increased 80 percent; rate is increased 25 percent. Consideration should be given to increasing price commensurate with increased hours of service. (2) More generally, consideration should be given to increasing all valet license prices. In this case, three spaces are being removed from non-public use for 16 hours per day, seven days per week, at a cost to the licensee of less than$1.00 per hour. DISCUSSION The City Commission is being asked to consider a request from Tramonti's and DHBH, LLC to expand hours of valet service to include daytime operations. TIMING OF THE REQUEST Given the inconvenience to patrons of DHBH, LLC. tenants, the applicant is anxious to start the program. RECOMMENDATION By motion, approve the request from LSMS, Inc., d/b/a Tramonti's, and DHBH, LLC. to expand hours of its valet queue operation to provide daytime valet parking services while increasing valet queue spaces to $141.94 per space per month. AMENDMENT NO. 1 TO LICENSE AGREEMENT BETWEEN CITY OF DELRAY BEACH AND LSMS, INC. DB/A TRAMONTI RESTAURANT DATED DECEMBER 15, 2014 THIS AMENDMENT NO. 1 to the License Agreement between City of Delray Beach and LSMS, Inc. d/b/a Tramonti Restaurant dated December 15, 2014 is entered into by and between the CITY OF DELRAY BEACH (Licensor) and LSMS, INC. D/B/A TRAMONTI RESTAURANT (Licensee) on this day of , 2015. WITNESSETH: WHEREAS, the parties desire to and agree to amend and modify the Agreement entered into on December 15, 2014 in order to provide valet parking during daytime hours and an increase in the monthly fee per space. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent that the above recitals are hereby incorporated as if fully set forth herein. 2. The parties desire to amend the License Agreement entered into on December 15, 2014 as follows: 2. Valet Parking Queues: The CITY agrees to allow LICENSEE the non- exclusive use of three (3) parking spaces located at or near the east side of NE 2nd Avenue in front of 25 NE 2nd Avenue to create a valet parking queue in order to provide valet parking services to the public. The valet parking queue must be open every day be:: ee the i at „� 5.00 PN4 and 100 A44 until 2:00 a.m. starting from 10:00 a.m. Sunday through Friday and 8:00 a.m. on Saturday, twelve (12) months a year. LICENSEE acknowledges that the valet parking queues may be relocated or unavailable 1 for use during certain special events from time to time (as determined in the CITY's sole discretion), and during these special events, the license may not be valid. The valet queue locations may from time to time be relocated by the CITY in its sole discretion after providing thirty (30) days written notice to LICENSEE. The LICENSEE shall not restrict the use of the valet parking queue to only persons who are using the LICENSEE's business. The valet parking queue must be open to anyone wanting to use the valet parking service offered by LICENSEE. 5. Payment. LICENSEE agrees to pay the CITY One Hundred Eight, Dellar-s and 15,1100 Gents ($109.15) One Hundred Forty One Dollars 95/100 ($141.95) per space by the tenth (10h) day of each month. This fee shall be increased by three percent(3%) annually. A late fee of five percent (5%) shall be charged after this date. If more than one License Agreement is issued for this valet parking queue, the fee shall be shared proportionately. Only one (1) valet operator will be permitted to operate the queue. LICENSEE shall pay one (1) month's fee in advance of beginning operation of the valet parking queue as a security deposit. This deposit is due when the signed agreement is submitted to the CITY and shall be held by the CITY in a non-interest bearing account and shall be returned within thirty (30) days of written request subsequent to termination of this License Agreement, provided that LICENSEE is not in arrears at the time of termination. Only one, (1), security deposit per LICENSEE shall be required. 3. All other terms and conditions of the License Agreement dated December 15, 2014 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: City Clerk Cary D. Glickstein, Mayor Approved as to form: City Attorney LICENSEE: By: (CORPORATE SEAL) Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2015, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public— State of Florida 3 Oo" 24 �04PN! HF I 10/93/2Q]4 20::1 r4a MAW& Dii'd-31-1 A T L,`�i NTI C 4 5 NO Rl ,H C 0 N G R ES S A VEN t) 5 61-276-001:3 Scon Am��zsozr 434 S Swimen Avmu,,,. 1)a�r,�Y 6 a.M'h- HE,3 3 4 4 4 Dew sm"". P Ta W 9"h A k c i.f n ,-p p. � I L- Tr, -,rnc, IrMAY thaMS item be braUght LIP Rlr ar PaQ.g MeeMj Q I a. ,Moor% (Amedvanthn Tr IS'-tT' bc'sz� you,' MY WIMOINA QAJAVf. III DOWNTOWN DEVELOPMENT AUTHORITY Downtown DeIrayBeach.corn BOARD OF DIRECTORS December 5,2014 David Cook Parkin Management Advisory Board Members Chair g g Hand's Stationers City of Delray Beach Seabron A. Smith 100 NW 1"Avenue Vice-Chairman Delray Beach,FL 33483 TED Center Bonnie Beer Dear Board Members: Treasurer Caffe Luna Rosa At this time we wish to advise you of the results of two (2) projects that came before Albert Richwagen Secretary the DDA Board at the November 10, 2014 meeting. Richwagen's Bicycles ITEM—"Sopra" Building—Review a Request from the RMS Properties for Ryan Boylston g aces the Purchase of In-Lieu of Parkin S and Associated Payment Woo Creative P Y Agreement; Frank Frione GFA International, Inc. Regular Agenda Item V.A. — PMAB Regular Meeting, October 28, 2014 ACTION—Motion to approve the additional four (4) spaces: R. Boylston; Scott Kennedy 2na: F. Frione. Roll Called. Union Delray Motion carries unanimously. ITEM—Tramonti Restaurant—Valet Queue—Review a Request from DHBH, LLC. to Operate the Tramonti's Valet Queue During Daytime Hours; Regular Agenda Item V.B. —PMAB Regular Meeting, October 28,2014 ACTION—Motion to approve the valet queue as long as there is a way for the CitT to cancel or renegotiate the contract should difficulties become apparent: F. Frione; 2nd: R. Boylston. Roll Called. Motion carries unanimously. 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, 4\� .W... David Cook Chairman 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 • (561) 243-1077 Fax: (561) 243-1079 R &Moots i�r000n'� If� y r 1P ■-. � '� 1� y Gi� ° L% ny ov. Fd la �s T • a y Is - � s �n ci aP�, ..J' i a Ca E: r •e Tom \ it � IIS i ral r• �� *, III. AN �..-} JIM vim � r �. fil Y ! 6 f f r N 4 �-iL' i MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks &Recreation THROUGH: Donald B. Cooper, City Manager DATE: March 13, 2015 SUBJECT: AGENDA ITEM 9.J.-REGULAR COMMISSION MEETING OF APRIL 6,2015 BID AWARD/EARTHLY DESIGN&RESOURCES,INC.D/B/A MOBILE LAWN SERVICE/ LANDSCAPE MAINTENANCE BACKGROUND The City issued a bid for Landscape Median Maintenance (Bid 2015-28) on January 11, 2015. The Bid encompassed five median areas on South Federal Highway, Congress Avenue, Linton Boulevard and Military Trail. Three vendors attended the pre-bid conference on January 22, 2015, however only two vendors submitted bids on the bid deadline date of February 3, 2015. The lowest bidder is Earthly Designs & Resources, Inc. d/b/a Mobile Lawn Service. The amounts for the separate areas and total are listed below: South Federal Hwy. between Linton Blvd. and C-15 Canal—Area 1 - $8,320.00 Congress Ave. North of Lake Ida—South of C-15 Canal—Area B - $11,680.00 Homewood Blvd. -Area CI - $9,810.00 Linton Blvd. -Area C2 - $18,115.00 Medians on Military Trail -Area C3 - $10,275.00 Total: $58,200.00 Staff is recommending the City award Bid 2015-28 to Earthly Designs & Resources, Inc. d/b/a Mobile Lawn Service for a one year term with two additional one year renewal options. 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". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION This is a request for City Commission to approve and award Bid #2015-28 to Earthly Designs & Resources, Inc. d/b/a as Mobile Lawn Service in the amount not to exceed $58,200.00 for Landscape Maintenance. OPERATING COST Funding is available under the approved FY 2014-15 department operating and capital budgets, account # 119-4131-572.46.40. Total funding for the combined Areas, A, B, C1, C2 and C3 is $58,200. TIMING OF THE REQUEST Maintaining the Landscape Maintenance Services for these areas is essential in keeping with the high level of maintenance service provided thus the timing of this request is of high importance. FUNDING SOURCE Funding for these areas is provided for in the Approved FY 2015 budget. RECOMMENDATION Staff recommends City Commission approve an award to Earthly Designs & Resources, Inc. d/b/a Mobile Lawn Service in the amount of$58,200 for a one year agreement with two additional one year renewal options for landscape median maintenance. T. 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IL ® ® o r 02 0 tot C J m 4 � IL ■ m A Z S ® 0 s J U� Essi G r go ■ IL f � r O ti tr ti Z W W !�,►! !M N ^� W d W m m m IOU L da v zi z z L O W , - ta ig z $ W W W V `� z d o u W z 3 D dc O O O _ �F ■■ z .■ A V L_- C WE c ` ez va O a �o z A �;, Tire Palm Beads Post Paim Beach Daily Nek�,s CITY OF DELRAY BEACH PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF ADYEItIlSl:ritENTEDR2ID PALM BEACH Before the undersigned authority CfrYOF19LMY1EACH personally appeared Tiffani Everett, who on oath LAPOSCAPIE MAINTEKAWF SOWN FEDESSAVENN tlE E i[OkGRE3S AYE says that she is Call Center Legal Advertising HOWWOOD&LMON UVD. THREE MEDIANS ON Representative of The Palm Beach Post, a daily and MIUTARY TRAIL ANNUAo.21"5 1 Sunday newspaper, published at West Palm Beach BID No.2015-� , Scope of Servkes: TQ esi"'"" a.n in Palm Beach County, Florida; that the attached open-ended contract to,,Quid[the best quality landxape mairttervance 01 SouthFederalHlohway&Congress copy of advertising for a Notice was published in said Avenue and Homewood&Linton Blvd.S three Medians on Military Trol.1 er- vices include edging.weed control, newspaper on First date of Publication 01/11/2015 pruning Miter and debris cQ dd" and last date of Publication 01/11/2015 Affiant further themicar pest control and mulch add- edtoplaMinobeds. Servkearsdgood workmand,,P are QT primary concern. Bidden with low standardsforeither says that the said The Post is a newspaper published ferylieor warkmanshlpw111 be(cadged to tie non-retponflbl4 and tlltir bids no"espoMOW No bid will be accept- at West Palm Beach, in said Palm Beach County, ad if it offers tower standards of ma- terlalan&orworkmanshlpthanlede- Florida, and that the said newspaper has heretofore scribed therein conference has tan Idle Ise for IbR ada,`I�;° been continuously published in said Palm Beach YarY 22.201i1t 2:00 P.M ed at Ury Hall First FIQOr confer- County Florida, daily and Sunday and has been erxe Room,Delray Beach,FL AD in- s tend an bidden are required q .t- entered as second class mail matter at the post office tend and be prepared to ask ques- tions.Co of th+sptclflutions me SStairmotp°hone(,800)7..11,;:1,.1"had in West Palm Beach, in said Palm Beach County, copy anttyaylfable at the Purchuing Of- Delray'Be ch,Florid.,3 44`Cal Florida, for a period of one year next preceding the Purchasing at$61-243-7161 r Sufficient or plyr first publication of the attached copy of advertisement; 213-7563 to ensure suificient supply. Sealed bl°`.�B a received by the can- and affiant further says that she/he has neither paid darsiggnod in the Purchad ng sion, iaa NW Ist Avenue,Do""Beaeh, FL,unill2,00 P.M.en Tuesday.Febru• uy i,-� 5 p.1 hTrh times nor promised any person, firm or corporation any If"Submi!'one(1J ma k, o��a�:l d discount rebate, commission or refund for the purpose two(2)marked copy of bid shuU. All wniicelwork performed bids shall of securing this advertisement for publication in the be submitted In sealed envelopes mailed a delivered in the City d0 said newspaper. Also published in Martin and St. Delray Beach.Purchasing Office,700 ida3-%slAOutsi a of Beach,"o r- Lucie Counties. ADVERTISEMENT FOR BID Ad ID: ida 33441. Outside of tnvetoDp�eBs�hEa�ll, ptSR l,A1.dD.,1.%Id 1% DP lntlNfe 695754 Ad Cost: 347.44 Any bid received after 2:01 P.M.on February 03,2015 will not be consid- ered.Na bidder may withdraw hlyher bid far a period of Winery 690)days a#- tea the day set for the openlrtg of bids. Rid'areto be tubmitted on City of Del- ray Beach forms. Each bid must be accompanied by a certified ciseck drawn upon arty State or National Bank of Florida,cashier's check drawn upon any State or Na- rlonai Bank of Florida or an accept- able surety pperformante bend In an A..",not Irss than fi ve perunt i5%) of the base bid,as gpuarantee that the BIDDER.111 not withdraw from the competition after tlsa opening she bids 7 y� and,if written notice h given Qt srch R EC F I V E D award,enter into a written Contract with the City of Delray Beach,Florida, in Accordance with the written Propos- al. Should the successful BIDDER fait JA NI 2 6 7015 to enter into A Contract,the chock or - bid bond shall be forfe1ed as liquidat- ed damages FINANCE The City of Defray Beach,Florida re- sarwr the right to rr(en any and all bids,to wafve Inlonnalitles,to re-bld. and to award the Contract in its best nterest. 01yof Defray Beach.Florida By:Holly Vath. .f Purchasing Officer PUB:the Palm Beach Post ' I-11/201S 6357903 f ' Sign Sworrifo and subscAi ed before 0115/2015. : Who is personally known to me- Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid �/ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Contract Term: 1 year plus 2 one year renewal options Effective Date May 2015 Comments and Notes: Bid award 2015-28 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: March 13, 2015 SUBJECT: AGENDA ITEM 9.K.-REGULAR COMMISSION MEETING OF APRIL 6,2015 BEST INTEREST RESOLUTION NO.20-15/JCD SPORTS GROUP,INC./RETROACTIVE CONTRACT FOR TENNIS EVENT MANAGEMENT SERVICES FOR THE DELRAY BEACH TENNIS CENTER BACKGROUND On November 5, 2013 the City entered into an agreement with JCD Sports Group, Inc to provide consulting services for the purposes of attracting special events to the Tennis Center, event management, and for the purpose of identifying and assisting in the development of additional revenue sources for the City of Delray Tennis Center. The original contract commenced on December 1, 2007 and expired on November 30, 2012. The City Manager exercised the option to renew for two-additional one year periods. All extended contract terms expired on November 30, 2014. The proposed agreement is retroactive to March 1, 2015 and will expire September 30, 2016. The monthly contracted amount is $2,300.77. Staff is recommending the resolution be approved in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02(c)(I1) "Best Interest Acquisition." FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION JCD Sports Group, Inc. is a subsidiary corporation of Dubin & Associates, Inc. Dubin & Associates, Inc. is under contract with the City of Delray Beach for the management of the Municipal Tennis Center and Delray Swim and Tennis Club. This contract expires on September 30, 2016. Since the coordination of tennis event management, including special events such as the New Year's Eve celebration, periodic youth and adult specialty tournaments, facility rentals, and the filming of commercials requires significant synchronization between the daily operations staff of the Tennis Center and the consultant, it is in the best interest of the City that the companies are one in the same. Parks & Recreation is requesting to retain JCD Sports Group, Inc., through a specialized contract, until September 30, 2016. Future procurement of facility and event management and specialty consulting services for the Municipal Tennis Center and Delray Swim and Tennis Club will be combined into one agreement. OPERATING COST Funding is available under the approved FY 2014-15 department operating budget Account# 001-4210- 575-34.90 (Operating Expenses—Other Contractual Services) in the amount of$27,609.24. TIMING OF THE REQUEST This is time sensitive, as the contract for JCD Sports Group, Inc. expired November 30, 2014. Parks & Recreation has been operating on a month-to-month basis with JCD Sports Group, Inc. since December. JCD Sports Group, Inc. was essential in the production of First Night, as well as securing and managing the commercial film productions that have taken place in the Tennis Stadium in February and March. FUNDING SOURCE Funding is available under the approved FY 2014-15 department operating budget Account# 001-4210- 575-34.90 (Operating Expenses—Other Contractual Services) in the amount of$27,609.24. RECOMMENDATION Staff recommends approval of the following: • A contract for consultant and event management services to JCD Sports Group, Inc. to expire on September 30, 2016 in the amount of$2,300.77 per month/ $27,609.24 per year. • Resolution No. 20-15. RESOLUTION NO. 20-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF TENNIS EVENT MANAGEMENT SERVICES FOR THE DELRAY BEACH TENNIS CENTER TO JCD SPORTS GROUP, INC., 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 November 5, 2013, the City renewed the Agreement with JCD Sports Group, Inc. to provide consulting services for the purpose of attracting special events to the Tennis Center, event management, and for the purpose of identifying and assisting in the development of additional revenue sources for the City of Delray Beach Tennis Center;and WHEREAS, the Agreement originally commenced on December 1, 2007 and expired on November 30, 2012, and was renewed for two-additional one year periods by the City Manager, as per the Agreement; and WHEREAS, the parent company of JCD Sports Group, Inc. also is under contract with the City of Delray Beach for the Management of the Municipal Tennis Center and Delray Swim and Tennis Club;and WHEREAS, the Agreement with Dubin & Associates, Inc. (parent company of JCD Sports Group, Inc) expires on September 30, 2016; and WHEREAS, it is in the best interest of the City to coordinate all contracts with Dubin & Associates, Inc. and JCD Sports, Inc. to have coinciding concluding dates; and WHEREAS, it is in the best interest of the City to use the same company to manage all aspects of facility and event management at the Municipal Tennis Center and Delray Swim and Tennis Club; and WHEREAS, Parks & Recreation will ensure that future procurement of facility and event management of the Municipal Tennis Center and Delray Swim and Tennis Club are combined into one agreement; 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 consulting services for the purpose of attracting special events to the Tennis Center, event management, and for the purpose of identifying and assisting in the development of additional revenue sources for the City of Delray Beach Tennis Center from JCD Sports Group, Inc., until September 30, 2016, 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 AGREEMENT THIS AGREEMENT is made this day of , 2015 between the City of Delray Beach, a Florida municipal corporation ("City"), and JCD Sports Group, Inc., a Florida corporation ("Consultant"). WITNESSETH: WHEREAS, the City owns and operates the City of Delray Beach Tennis Center, located at 201 West Atlantic Avenue, Delray Beach, Florida ("Tennis Center"); and WHEREAS, the City and Consultant previously entered into an agreement originally dated December 1, 2007, which ultimately terminated on November 30, 2014, for consulting services for the purpose of attracting special events to the Tennis Center, event management, and for the purpose of identifying and assisting in the development of additional revenue sources for the Tennis Center;and WHEREAS, the City and an affiliate of Consultant have entered into a separate agreement for dated August 1, 2011, which is scheduled to terminate on September 30, 2016, for management of the Tennis Center and Delray Swim and Tennis Club ("Management Agreement");and WHEREAS, the City and Consultant desire to enter into a new consulting agreement that will be in effect until the scheduled termination date of the Management Agreement; and NOW, THEREFORE, for the mutual covenants and consideration set forth in this Agreement, the Parties agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated into this Agreement as if fully set forth herein. 2. Duties of Consultant. Consultant must perform the following duties: (1) interact with community and special interest groups to develop relationships that generate interest in the use of the Tennis Center for events; (2) visit area facilities and sites that generate like events to research future performance considerations, site layouts, pricing, etc.; (3) develop relationships with local facility managers to network for referrals when their sites are booked or there are capacity constraints; (4) work with location scouts associated with area production companies to promote the tennis stadium as a site for commercial shoots; (5) engage in conversations with prospective clients to determine viability and legitimacy of requests; (6) assist in negotiating stadium agreements and present same to the City for approval; (7) negotiate and oversee all stadium events to make sure there is compliance with all associated contracts; and (8) meet monthly to update the City's Director of Parks and Recreation regarding Consultant's activities. 3. Term of Agreement. This Agreement shall commence March 1, 2015 and expire at 11:59 PM on September 30, 2016. This Agreement may be renewed by the City Manager for one additional one-year period. 4. Termination. Either Party may, with or without cause, terminate this Agreement upon 30 days written notice. The termination will be effective 30 days from the date of deposit in the U.S. Mail or date of hand delivery of the written notice. Upon the effective date of termination, no further monthly payments shall be made by the City. 5. Compensation. The City shall pay Consultant Two Thousand Three Hundred Dollars and Seventy-Seven Cents ($2,300.77) per month during the term of this Agreement. At no point shall the total yearly payments made by the City to Consultant exceed Twenty-Seven Thousand Six Hundred and Nine Dollars and Twenty-Four Cents ($27,609.24). Payment by the City pursuant to this Agreement shall be due within thirty (30) days of receipt of invoice from Consultant for same. 6. Independent Contractor. Consultant shall be and remain an independent contractor and not an agent or employee of the City. 7. Indemnification. Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to 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, negligent, or reckless act of, or omission of, Contractor, 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, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 8. Insurance. Contractor shall provide certificates of insurance to the City evidencing its insurance coverage and naming the City as an additional insured. Such insurance shall be in an amount and form that is acceptable to the City and shall be delivered to the City prior to execution of this Agreement. If Contractor fails to provide the certificates of insurances in a form acceptable to the City, the City may immediately terminate this Agreement. 9. Public Records. Contractor shall comply with all public records laws in accordance with Chapter 119, Florida Statutes. 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, Florida Statutes, 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 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 being made to 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. 10. Inspector General. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 11. Force Majeure. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 12. Governing Law and Venue. Any dispute under this Agreement shall be determined under the laws of the State of Florida with venue in Palm Beach County, Florida. 13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties as it pertains to the duties outlined herein. Any and all modifications to this Agreement shall not be effective unless in writing and signed by both Parties. IN WITNESS WHEREOF, the parties hereto have entered into this Grant Agreement as of the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: JCD SPORTS GROUP, INC., a Florida corporation By: (print or type name) (print name and title) (print or type name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2015 by (name of officer or agent, title of officer or agent) of JCD Sports Group, Inc., a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public-State of Florida i MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: March 27, 2015 SUBJECT: AGENDA ITEM 9.L.-REGULAR COMMISSION MEETING OF APRIL 6,2015 PARTICIPATION IN APPEAL OF CIRCUIT COURT DECISION TOWN OF GULFSTREAM, ET.AL V.PALM BEACH COUNTY-OFFICE OF THE INSPECTOR GENERAL(OIG) FUNDING LITIGATION BACKGROUND On March 12, 2015, the Circuit Court of the Fifteenth Judicial Circuit issued its Final Judgment in the above-referenced case denying the City's request for declaratory relief in connection with the pending municipal lawsuit challenging the collection and charges for funding the Office of the Inspector General (OIG). By way of background, on March 11, 2011, fifteen Palm Beach County municipalities, including Delray Beach, filed a four-count declaratory action against Palm Beach County challenging the funding mechanism for the recently enacted OIG ordinance (the City of Wellington has subsequently withdrawn from the action). In order to implement the Palm Beach County Code of Ethics, the Palm Beach County Commission on Ethics, and the Office of the Inspector General (OIG), the County adopted a ballot ordinance which called for a referendum seeking voter approval. A referendum was necessary since municipal ordinances generally prevail over county ordinances. Thirty-eight Palm Beach County municipalities approved the referendum. With respect to funding the OIG, the referendum question provided for "...an independent Inspector General funded by the County Commission and all other governmental entities subject to the authority of the Inspector General." The litigation focuses on the meaning of this phrase in the ballot language and the actual steps taken by Palm Beach County to collect this charge. The cities challenged the methodology used by Palm Beach County to calculate the proportionate amount due from each city, as well as the methodology for collecting this fee. The basis for the lawsuit is founded on core local government principles which allege violations of sovereign immunity, dual taxation, city charter powers, and an unlawful tax or regulatory fee. The Court rejected each of these theories in its ruling. The cities have filed a Motion for Rehearing (which must be filed within 10 days of the judgment) and plan to file an appeal to the Fourth District Court of Appeal if rehearing is denied. As a policy matter, the appeal represents an opportunity for the City Commission to consider whether it desires to remain a party to this action. Regardless of whether the City participates as a party in the action, any ultimate ruling of the Court will likely be binding on all 38 municipalities. I met with lead counsel from the City of West Palm Beach earlier this week who communicated to me that the City of West Palm Beach feels strongly about the rehearing and appeal because core local government principles regarding City powers are at issue and the judgment rendered by the Court lacks substantive detail on many of these issues. No city, including Delray Beach, has made a contribution to the County for funding the OIG since 2011. At that time, the annual estimated cost to the City was approximately $150,000 per year. The City of West Palm Beach will continue as lead counsel and vigorously pursue its appellate remedies. The City of West Palm Beach is not seeking any further financial contribution for its services from any other municipal parties to the litigation. RECOMMENDATION The City Attorney seeks direction whether or not to participate in the appeal. G IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA 1. l CIVIL DIVISION CASE NO.: 2011 CA 17953 AO TOWN OF GULF STREAM, et al., 1A AR Plaintiffs, ClN pnpRNSYS VS. PALM BEACH COUNTY, a political subdivision of the State of Florida, Defendant.' SHARON R. BOCK,in her Official Capacity as the Clerk and Comptroller of Palm Beach County, Florida; Intervenor. FINAL JUDGMENT THIS CAUSE was before the Court for non jury trial on the Plaintiffs' ("the Municipalities") Amended Complaint for Declaratory Relief ("Amended Complaint").filed on July 30, 2013 against the Defendant, Palm Beach County ("the County"). The County filed its Answer and Affirmative Defenses on August 28, 2013. Sharon Bock, Clerk and Comptroller o€. Palm Beach County ("the Intervenor") filed a Motion-to Intervene which was granted on November 11, 2012. The Intervenor filed an Amended Complaint in Intervention, Cross-Claim and Counter-Clain for Declaratory and other Relief on December 15, 2011. Having reviewed the pleadings, exhibits presented at trial, heard testimony, reviewed applicable law, heard ..arguments of..cqunsel, and bpingotherwise duly advised the Court makes the following findings and conclusions: ' FINDINGS OF FACT 1. Pursuant to Palm Beach County's home rule charter,municipal ordinances prevail over county ordinances when there is a conflict, except when both unincorporated county residents and municipal residents vote in a referendum to amend. the Charter to create a Countywide program. Once a referendum is approved by the voters,the countywide program is crcated and applies to Palm Bcach County and uic respective mu=nicipalities. The Board of County Commissioners(the"BCC")then adopts an ordinance to implement the referendum. 1 2. In 2009, the State Attorney for Palm Beach County convened a Grand Jury to investigate county governance and public corruption in the county. The Grand Jury 1 recommended that the BCC create an Office of Inspector General ("the OIG") with investigatory powers to address the findings in the report. 3. Thereafter, the BCC adopted an ordinance establishing an OIG with powers applicable only to county governmental operations. 4. The Grand Jury's Final Presentment in 2010 recommended that the initial OIG ordinance be submitted as a charter amendment for adoption by the voters in each municipality to have the ethics ordinance, including the OIG, extended countywide. The November 2, 2010 referendum was approved by a majority of the voters in each municipality. The referendum approved by the voters specifically included a provision that required each municipality to contribute to funding for the OiG. 5. On-May"1T, 201fi,1h&—$C Voptj�d Ordinance No;--2011-009-.which implemented the OIG and included a funding mechanism that required the municipalities to pay j a portion of the OIG costs. The ordinance authorized quarterly billings to be submitted by the i ' Clerk and Comptroller to the municipalities. 6. The OIG is required to submit a budget request each year to the Palm Beach County League of Cities, Inc. ("the League"). The OIG must then be available to discuss the budget request with the members of the League. Thereafter, the BCC must meet with a delegation of the League regarding the budget. However, the BCC has fiscal approval of said budget. The initial invoices to the Municipalities were forwarded on October 11,2011. f 7. On November 14, 2011, the municipalities filed the instant four count complaint seeking a declaration in Count I that the charges and collection of said charges for the OIG are barred by sovereign immunity; in County II that the charges for.the OIG constitute an unlawful tax; in Count III that the funding mechanism in the OIG ordinance requires citizens of the municipalities to pay twice for one service; and in Count IV that the funding mechanism in the ordinance conflicts with general law as it infringes on the budgeting power of the municipalities. _ . 8.: On-December 28, 2013, the County filed an Amended Answer and Affirmative Defenses asserting that (1) . the municipalities do not have sovereign,immunity-to avoid the county ordinance; (2) to the extent sovereign immunity applies such sovereign immunity was waived by the vote approving the ballot referendums; (3) the ordinance is not inconsistent with general law as the fees are either regulating fees or user fees; (4) municipal residents are not being taxed as the fees may be passed on; (5) the fees are not an illegal double tax; (6) the ballot informed the voters that the OIG would be funded 'in part by each municipality; and(7) speculative increases in fees was not ripe for review. CONCLUSIONS OF LAW The cha es to the municipalities for suoyort of the OIG are not barred b the doctrine of Sovereign Immuniix. i 2 9. In Count I of the Amended Complaint the municipalities contend that sovereign immunity bars this suit by the County to collect the charges in the invoices. The County disputes that contention and asserts that sovereign immunity either does not apply or does not prevent the County's efforts to enforce the provisions in the referendum. 10. In fact, the County directs this Court to Article VI, Section 6.3 of the Palm 'Beach County Charter which specifically provides: "Approved charter amendments that transfer or limit a service, function, power or authority of a municipality shall be effective in a municipality only if the amendment is also approved by a majority of voters in that municipality voting in the referendum." (Ordinance No. 2009-17). The County asserts that the provision before this Court was placed on the ballot and would have exempted any municipality from the provisions of the Inspector General and Ethics Charter amendment if a majority of the voters in the municipality had voted against it. Instead, an overwhelming majority of the voters approved the establishment of the OIG and its fineluig obligatiori: 11. The doctrine of sovereign immunity provides that a sovereign cannot be sued without its own permission. American Home Assurance ComRM v. National Railroad Passenger Corporation, 908 So.2d 459, 471 (Fla. 2005). Sovereign (or governmental) immunity derives entirely from the constitutional doctrine of separation of powers. Kaisner v. Kolb, 543 So.2d 732, 737(Fla. 1989). See also Article II, §3, Florida Constitution, ' ` 12. The Court could not find and the parties did not cite to any authority that applies directly to the issue at hand, specifically the authority of a county to sue a municipality for charges authorized by popular vote.in a a validly held referendum pursuant to a county Home Rule Charter Amendment. The municipalities rely on Article II, Section 3 of the Florida Constitution, which provides: "jt]he powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the branches unless expressly provided herein". 13. Pursuant to the Constitution and case law;the judicial branch must not interfere with the discretionary functions of the legislative or executive branches of government absent a violation of constitutional or statutory rights. Trianon Park Condominium Association, Inc.v. City of Hialeah,468 So.2d 912,918 (Fla. 1985). The municipalities thus contend that they cannot face liability or suit for making budgetary-decisions or for deciding what progim.ns to- fund because these types of decisions are inherently governmental,legislative or discretionary. 14. However, the municipalities over state the extent of their discretion with respect to establishing a budget as it relates to this issue. By approving the charter amendment, the voters in the respective municipalities approved the funding for the OIG. This eliminated any discretion by the municipalities to avoid funding the program. Thus, the cases cited by the municipalities merely support the conclusion that a citizen may not sue a municipality to quibble with its budgetary decisions. See, Crowe v. City of Jacksonville Beach, 167 So.2d 753, 755 (Fla. 1 DCA 1964)(action to enjoin city from expending funds from We of revenue bonds and purchasing land and constructing public buildings; "jw]hile the issues raised by the complaint may form the basis for opposition to the council members' bid for re-election to office, they deal with acts lying within the discretion of the council with which courts are reluctant to interfere". 3 x S i 15. Further, the municipalities rely on section 166.241, Florida Statutes, to support their contention that they have exclusive discretion to make a budget. However, this statute merely provides that each municipality must make a balanced budget each fiscal year. §166.241, Florida Statutes (2011). This section does not vest the municipalities with unfettered discretion with respect to appropriations. The Attorney General recognized this in an Opinion concerning whether a city could amend its charter pursuant to a petition initiative to require voter approval for any capital improvement project exceeding $500,000.00 without conflicting with the city's constitutional home rule power. See Attorney General Opinion 2009-12. The Attorney General concluded that, in the absence of a conflicting general law, a city could so amend its charter. Additionally, Attorney General Opinion 90-38 concluded that a city's charter could be amended to require referendum approval for the'issuance of all municipal bonds. However, in Attorney General Opinion 86-89, it was concluded that a municipality may not amend its charter to provide that no ad valoren"i tai-off-real.-arid-personal property may be levied without referendum approval. Such a charter amendment would have limited the authority of the municipality's governing body to levy ad valorem taxes in direct..contravention of section 195.207, Florida Statutes, prohibiting a municipal charter from limiting the governing body's authority to levy ad valorem taxes. 16. Attorney General Opinion 2009-12 further concluded that the statutes governing the adoption of a budget for a municipality are not as extensive as those provided in Chapter 129, Florida Statutes. Section 166.241, Florida Statutes merely provides that,the governing body of each municipality shall adopt a budget each fiscal year. The opinion acknowledged that there are no general prohibitions against a charter requiring citizens' initiatives for municipal salaries. However, it was noted that the propriety of referendum approval for capital projects may depend upon the particular project in question and the existence of any general law providing for such projects. 17. Thus, each municipality's power to make a budget is not a purely discretionary function as its discretion may be modified or restricted by the electorate through its ' referendum powers. In this case, the approval by the voters of the referendum authorized the governing bodies to establish a line item in the budget to contribute to funding of the OIG. This eliminated any discretion that the municipalities may have had as to the funding. 18. "Judgmental or discretionary functions are immune from legal action, whereas operational acts are not protected by sovereign immunity". Willingham v. City of Orlando, 929 So.2d 43, 50 (Fla. 5 DCA 2006); see also City of Freeport v.Beach Community Bank, 108 So. 3d 684, 687 (Fla. 1 DCA 2013) ("[W]here governmental actions are deemed discretionary, as opposed to operational, the government has absolute immunity from suit"). When the Courts describe a "discretionary" function for which a municipality enjoys.sovereign immunity, they mean that the governmental act in question involved an exercise of executive or legislative power such that, for the Court to intervene ..., it inappropriately would entangle itself in fundamental questions of policy and planning". Kaiser. 543 So.2d at 737. An "operational" function, meanwhile, "is one not necessary to or inherent in policy or planning that merely reflects a secondary decision as to how those policies or plans will be implemented". Id. Thus, "[sjovereign immunity prohibits the judiciary from second guessing] the political and police 4 power decisions of coordinate branches of government about a violation of constitutional or statutory rights". Ci y of Freeport, 108 So. 3d at 687 (quoting Trianon Park Condominium Association,468 So.2d at 918). 19. In this case, sovereign immunity would bar an action against the municipalities by the county if the resultant litigation would require the Court to become inappropriately entangled in the discretionary budgeting decisions of the municipalities. The issue in this case does not involve a discretionary decision. This Court concludes that there is a legal obligation pursuant to the implementing ordinance requiring the municipalities to pay the charge. This suit does not require any judicial"second guessing" or weighing of policy matters. The County's Cha es to the Municipalities for the OiG Do No Unlaw&Uj Interfere with the Munici alities' Home Rule Power to Decide Their Own Budgets. 20. The Implementing Ordinance does not infringe upon the authority of the municipalities to budget and appropriate funds. Although -it requires the municipalities to contribute to the funding of the OIG, it only references the budgeting process because expenditures may only be made pursuant to a municipality's annual budget. The language in the Implementing Ordinance acknowledges that each municipality will have to include in its budget a line item for the OIG. It does (1) not require the .municipalities to fund the program out of their general fund, (2) not indicate- how the municipalities should obtain the money for contribution, or (3) indicate how the municipalities should budget to pay the fees. Hence, the doctrine of sovereign immunity does not prevent the county from enforcing the Implementing Ordinance. The Municipalities Cannot Invoke the Doctrine of Sovereign Immunity Against Themselves. 21. The Municipalities assert that sovereign immunity bars collection of the charges imposed by the Implementing Ordinance. They further assert that the County has no authority-to dictate what programs are.funded by the municipalities. In this instance,the citizens of the municipalities approved the extension of the OIG to their respective municipalities and the requirement to contribute funding to support the OIG. 22. The Florida Constitution provides that all political power is inherent in the people. Article I, Section I, Florida Constitution. In Florida Land Company v. City of Winter Springs, 427 So.2d 170, 172 (Fla. 1983), the Court held that "[t]he concept of referendum is thought by many to be a keystone of self government and its increasing use is indicative of a desire on the part of the electorate to exercise greater control over the laws which directly affect them". In this case, the people exercised their referendum power when a majority of the voters from each municipality voted to extend the operations of the OIG to their respective municipality and contribute funding thereto. The governing bodies now attempt to circumvent the actions of their people by involving the doctrine of sovereign immunity. This suit to enforce the charges is based on the legal obligations approved by the citizens of the respective municipalities. Further, the municipalities present no persuasive legal authority to support these assertions that sovereign 5 immunity invalidates the vote of approval by their respective citizens. The Citizens of the Municipalities Entered into a Contract on Behalf of Their Governing Bodies to Fund the OIG. 23. As noted above, each municipality must adopt a budget for each fiscal year and the budget must regulate the expenditures of the municipality. §166.241, Florida Statutes (2011). An officer of the municipality array-not expend or contract for expenditures except pursuant to the adopted budget. As also noted above, however, "[a]u political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people". Article 1,Section 1,Fla. Const. t 24. The Fourth District Court of Appeal has thus held that the people could j repeal an ordinance by referendum that authorized-the sale of an auditorium and'property owned by the municipality. Brooks v. Watchtower Bible & Tract Society of Florida. Inc., 706 So. 2d 85, 90 (Fla. 4 DCA 1998). In Brooks, the-city approved ordinances that authorized the sale of the city auditorium and property surrounding the auditorium. After the ordinance took effect,the mayor and city clerk signed the contract to sell the property. Some of the registered voters of the city filed a petition to repeal the ordinance and'the city notified the buyer that it could not proceed with the contract until after the election on the petition was held. The buyer filed suit to enjoin the city from holding an election to vote on the referendum. 'Id. The court held that the people of the city have a right to a referendum and even though the city has the right to contract, an ordinance, repealing a contract by the city does not necessarily make the ordinance unconstitutional. 25. Consequently,because-the citizens of a municipality tbrough a referendum may repeal a contract, it follows that the citizens of a municipality may enter into a contract(or force the city officials to do so)by exercising their referendum power. In this case,the majority- of voters from the thirty-eight municipalities who voted on the-ordinance used their referendum power and voted that the OIG. should apply to their respective municipalities and that the municipalities should contribute.to the funding of the program. Therefore, the Municipalities may not invoke sovereign immunity to avoid the obligation. See. American Home Assurance Company, 908 So. 2d at 476 (municipality may not use sovereign immunity to defeat its obligations under a contract}. The people are the municipalities and the officials who represent the people may not undermine the electorate process because they disagree with the vote of the people. The Im2lementing Ordinance Does Not Impose an Unlawful Tax a it is a Valid User Fee or Regulatory Fee. 26. In Count II of their Amended Complaint, the Municipalities contend that the Implementing Ordinance imposes an unlawful tax. "[A] tax is an enforced burden imposed by sovereign right for the support of the government,the administration of law, and the exercise of various functions the sovereign is called on to perform". -State v. City of Port Orange, 650 So. 2d 1, 3 (Fla. 1994) citing Ci ty of Boca Raton v. State 595-So. 2d 25 la. 1992 . "The power of , state and local governments to levy taxes is governed by the constitution". Collier County v. 6 State, 733 So. 2d 1012, 1014 (Fla. 1999). "No tax shall be levied except in pursuance of law. No state ad valorem taxes shall be levied upon real estate or tangible personal property. All other forms .of taxation shall be preempted to the state except as provided by general law." Article VII, §1(a), Florida Constitution. Moreover, local governments, including counties, are authorized by law to levy ad valorem taxes, and may be authorized by general law to levy other taxes, except ad valorem taxes on intangible personal property and taxes prohibited by the Florida Constitution. Id., §9(a). Here,the charge for the OIG cannot be a lawful tax because it is not an ad valorem tax and it is not authorized by general law. 27. While the charge cannot- be imposed lawfully as a tax, the County does i possess the authority to impose user fees. See Collier County. 733 So. 2d at 1014. "User fees are charges based upon the proprietary right of the:governing body permitting the use of the instrumentality. involved". Port Orange, 650 So. 2d at 3. In Port Orange, the Florida Supreme Court offered the following three-prong test to determirie whettieir a particular charge is a user fee or a tax: Such fees share common traits that distinguish them from taxes: [1] they are charged in exchange for a particular governmental service ['2] which benefits the party paying the fee in a.manner not shared by other members of society, and [3] they are paid by'choice, in that the party paying the fee has the option of not utilizing the governmental.service and thereby avoiding the charge. Id (citations omitted). The Municipalities.contend that the charge for the OIG Program fails the second and third prongs of this test. 28. The Municipalities assert that the charge for the OIG does not benefit the individual Municipalities in a manner not shared by other members of society: Their argument ignores the obvious benefits that the Inspector General uniquely provides to municipal governments. The Inspector General.is-performing a service in the form of investigations, audits and reviews of municipalities' governments, and such services are only available in municipalities that approved the referendum. The fee is also proportionate to the amount of services the inunicipalities may receive from the OIG. The ordinance states "the funding base is a minimum level of funding,-determined as a percentage of contract activity of the governmental entities subject to the authority of the' inspector -ganeral". (emphasis added).- Thus, the contribution of each municipality is determined by the contract activity of each municipality that comes within the jurisdiction of the OIG. Although the County conceded at trial that at any given time one municipality may receive more attention than another municipality depending on situations, the contribution is still proportionate to. the contracts subject to the OIG and the services and benefits to municipalities will inevitably.balance out over the years. This argument is without merit. 29. The Municipalities' primary contention with respect to the user fee issue is that the charge for the DIG is mandatory and thus not paid by choice. Notably, "[o]f the three prongs set forth in City of Port Orange, this prong is considered the least significant". City of Miami v. Haigley, 143 So. 3d 1025, 1031 (Fla. 3d 2014) (citing I4Commerce Center Phase II Unit I v. Orange County, 46 So. 3d 134, 136 (Fla. 5" DCA 2010) (noting that of the three 7 y�+ requisite traits for a valid user fee set forth. in City of Port Orange, the"'most significant of these. traits"are the first two). 30. The Municipalities further assert that a party must be able,to "opt out" for a fee to be paid by choice. But Port Orange,provides that the party must only have the option of not utilizing the governmental service and thereby avoiding the charge.: Port Orange, 650 2d at 3. The Municipalities had that option in the November 2, 2010 referendum vote. At-that time, the Municipalities had the opportunity to opt-out, but the referendum was passed by a significant number of the voters. Furthermore,just as'the voters opted into the service through referendum, the voters can opt out of the service by referendum. See §§ 5.1 and 6.3, Palm Beach County Charter, Hence,the court concludesthat the charge for the OIG the Implementing Ordinance is a valid user fee and not an unlawful tax. 31. The County's position is that the charge for the OIG is a valid regulatory fee and case law supports that position. A municipality may levy reasonable business, professional, and occupational regulatory fees; commensurate with the cost of the regulatory activity, including consumer protection, on such classes of businesses, professions, and occupations, the regulation of which has not been preempted by the state or a county pursuant to a county charter". § 166.221, Florida Statutes (2011); see also Palm.Beach County v. Bellso_uth Telecommunications Inc. 819 So. 2d 876, 878 (Fla. 4"' DCA 2002) ("[O]ur supreme court has consistently found the term `municipality' to include `charter county' unless the statute•under review draws a clear distinction,between the two or expresses an intent to'exclude charter counties from its purview". A regulatory fee may be charged pursuant to the states police powers, however, such fee may not be used for the purpose of raising revenue. Broward County v. Janis Development Corporation, 311 So. 2d 371, 375 (Fla. 4" DCA 1975). Regulatory fees are solely to offset the expenses of regulation. 32. In this instance, Palm Beach County is a charter county and thus, has all the powers of self-government granted by the constitution and state of'Florida. In the event of conflicts with municipal laws,the county's laws prevail in matters related to ethics with regard to the OIG where the majority of voters in such municipality approved the OIG referendum. On November 2, 2010, the majority of voters in all thirty-eight municipalities voted through referehdum to approve OIG and make the Municipalities subject to the jurisdiction of the OIG and contribute funding. ..Therefore,,because charter counties have the power of self-government and the Municipalities' voters, by majority vote, approved the referendum, Palm'Beach County was given the power to regulate and enforce ethics through the OIG. 33. The-Municipalities contend that a regulatory fee must be imposed pursuant to a regulatory scheme with detailed standards,rules, guidelines, and.requirements relating to the conduct to be regulated. See, e.g. City of North Miami v. Williams, 555 So. 2d 399 (Fla. 3d DCA.1990). The Office of Inspector General was created to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and -other abuses in county and municipal government. The Inspector General has the authority to investigate county 'and municipal matters, publish the results of such investigations, review and audit past and present programs, accounts, records, contracts, change orders, and transactions, and prepare reports and recommendations to present to the county and .municipalities. It also requires county 8 1. administrators, municipal managers,municipal administrators, or mayors where the mayor is the chief's executive officer to notify the inspector general of suspected mismanagement of a contract or loss exceeding $5,000.00, and to be notified of meetings duly noticed to the public that involve- the procurement selection committee .concerning the procurement of goods or services by the county or any municipality. Thus, although the OIG ordinance does not include explicit- regulations directing the management of the Municipalities' departments, upon an investigation, audit, or review the OIG provides recommendations of how such departments may be operated in a more efficient manner. The also ordinance includes regulations that require the county and municipalities to take actions in specific situations. The lack of explicit standards with which the county and municipalities must comply is not fatal to the ordinance, as there is not a specific formula as to how to ethically operate governments and governmental departments. 34. Finally, the charges defray the cost of the investigations, audits, and reviews the Inspector General provides to the county and municipalities and enforcement of the notification requirements. See Flores v. City of Miami. 681 So. 2d 803, 808 (Fla. 3d DCA 1996) (holding that the fee was a regulatory fee and not a tax because the fee was designated to defray the cost of enforcing an ordinance that placed limitations on vendors). Therefore, because the county has the power to regulate, the OIG regulates the county and municipalities, and the fee is charged to offset the cost of regulation,the fee is a valid regulatory fee. The Imn_lementing Ordinance is not Invalid for Requiring Payment for the Some Services Twice. 35. In Count III of their Amended Complaint, the Municipalities allege that the funding mechanism 'is unlawful (and inequitable) because it requires the'residents of municipalities to pay for the services of the Inspector General twice: once by paying ad valorem taxes to the County, and again through the funding mechanism. In contrast they assert that residents of the unincorporated areas of the County only pay for it once through ad valorem taxes. The Municipalities appear to have abandoned this claim, as they did not brief it in their a Trial Memorandum or argue it at trial. This assertion is without merit. 36. Article VIII, Section 1(h) of the Florida Constitution provides: "Taxes; limitation. Property situate within municipalities shall not be subject to taxation for services rendered by the County exclusively for the benefit of the property or residents in unincorporated areas". "The somewhat unique concept embodied in this constitutional provision which prohibits taxation without corresponding (but not necessarily commensurate) benefit does not prohibit `dual taxation' or `double taxation' as those terms are ordinarily understood". Palm Beach County v. Town of Palm Beach, 426 So. 2d 1063, 1066 (Fla. 4s' DCA 1983). "What is prohibited is `taxation without benefit[:]"' Id. "A petitioner bears the burden of proving the `negative-that a service provided by the county and fiuided by county wide revenues does not provide a real and substantial benefit to the particular municipality"'. Palm Beach C2= vv. City of Boca Raton, 995 So. 2d 1017, 1019(Fla. 0 DCA 2008). 37. Here, the Municipalities erroneously contend that "[a] taxpayer receives i the same services from the OIG, whether he or she is within an incorporated municipality or the unincorporated areas of the County". (Amended Complaint ¶ 97.) This is simply incorrect 9 • E 6 based on the unique benefit the OIG offers the citizens of the Municipalities. In-addition to the oversight of the County government that the OIG offers, the Municipalities and their citizens have the opportunity to file complaints and receive investigations, audits and reviews of their own governing bodies. This is clearly a real and substantial benefit uniquely provided to the Municipalities. The ImjRlementing Ordinance is Not Inconsistent with General Law. 38. Finally, in Count IV of their Amended Complaint, the Municipalities contend that the Implementing Ordinance is inconsistent with general law. Under section 1(g)of Article VIII of the Florida Constitution, a county may not enact an ordinance which is inconsistent with general law. See, e.g.,Hillsborough County v. Florida Restaurant Association, Inc.,603 So. 2d 587 (Fla. 2d DCA 1992). 39. The only general law that the Municipalities suggest the Implementing Ordinance is inconsistent with is section 166.241, Florida Statutes. That statute provides that "[t]he governing body of each municipality shall adopt a budget each fiscal year: The budge must be adopted by ordinance or resolution unless otherwise specified .in the respective 1 municipality's charter. The amount available from taxation .and other sources, including amounts carried over from prior fiscal years, must equal the total appropriations for expenditures and reserves. The budget must regulate expenditures of the municipality, and it is unlawful for any officer of a municipal government to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations," §166.241,Florida Statutes (2011). 40. Based on section 166.241, Florida Statutes, the municipalities that they have the exclusive authority to decide when to spend municipal monies, what programs to spend monies on, how much to spend, and how to allocate money in periods of limited resources. However, the statute does not actually clearly vest them with those powers and does not make such powers exclusive. Instead, it merely requires the municipalities to wake a balanced budget each year. See State ex rel. Cole v_. Keller, 129 Fla. 276, 176 So. 176 (1937) (annual budget"is nothing more than an invoice of the city's activities during the ensuing year and an estimate of their cost."); Town of North Miami y. Travis Comnany, 1.18 Fla. 879, 884, 160 So. 360, 362 (1935)("The purpose of adopting a budget into determine what amount of money is necessary to be raised by taxation."). 41. Thus, "[t]here is conflict between a local ordinance and a state statute when the local ordinance cannot coexist with the state statute". Phantom of Brevard. Inc. vs. Brevard County, 3 So. 3d 309, 314 (Fla. 2008). "Stated otherwise, `[t]he test for conflict is whether `in order to comply with one provision, a violation of the other is required"'. -Id. (quoting Browning v. Sarasota Alliance for Fair Elections Inc. 968 So. 2d 637, 649(Fla. 2d DCA 2007). The Implementing Ordinance requires the . Municipalities to make a particular appropriation. Section 166.241, Florida Statutes, meanwhile,requires the Municipalities to ensure that they account for that appropriation with revenue. The Municipalities are fully capable of complying with both the Implementing Ordinance and section 166.241. There is thus no conflict between the two, and no violation of Article VIII, section 1(g), Florida Statutes. 10 y i Accordingly,It is ORDERED AND ADJUDGED that Plaintiffs' request for declaratory relief is GRANTED as follows: j A. The Municipalities do not enjoy sovereign immunity from suit to collect the charges in the invoices pursuant to the Implementing Ordinance; B. Tide Implementing Ordinance does not impose an unlawful tax, as it constitutes both a valid user fee and a valid regulatory fee which,the County may impose upon the Municipalities; C. The Implementing Ordinance is not invalid for requiring payment for the same services twice; and D. The Implementing Ordinance is not inconsistent with general law, specifically section 166.241,Florida Statutes. DONE AND ORDERED in Chambers at West Palm Beach` kftii ch County, Florida, this_day of March, 2015. AAA if Dq�� `�' .D CATHERINE M. BRUNSON,Circuit a Copies furnished to: DOUGLAS N.YEARGIN,ESQ. P.O.Box 3366 West Palm Beach,FL 33402 i PHILIP MUGAVERO,ESQ. 300 North Dixie Highway, Suite 359 West Palm Beach,FL 33401 HELENE C.HVIZD,ESQ. 300 North Dixie Highway, Suite 359 West Palm Beach,FL 33401 HAMPTON C.PETERSON,ESQ. 301 North Olive Ave., 9a'Floor West Palm Beach,FL 33401 11 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney DATE: March 25, 2015 SUBJECT: AGENDA ITEM 9.M.-REGULAR COMMISSION MEETING OF APRIL 6,2015 AMENDMENT TO SETTLEMENT AGREEMENT AND CONSENT ORDER/CARON FOUNDATION OF FLORIDA,INC. BACKGROUND This item requests the City's approval to amend the Settlement Agreement and Consent Order involving the Ocean Drive Program for Caron Foundation of Florida, Inc. ("Caron") entered into on July 23, 2012. In 2012, Caron filed a lawsuit against the City in the US District Court of the Southern District of Florida alleging violations of the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) based on a denial of reasonable accommodation request and the enactment of certain zoning ordinances. Before the case went to trial, the parties agreed to settle. Pursuant to one of the terms of the Settlement Agreement and Consent Order, Caron agreed to pay to the City an annual sum equal to the amount of ad valorem real estate taxes assessed for the properties for the prior year, less the amount of public school board taxes. School board taxes are addressed in the Order through Caron's agreement to provide in-kind services, specifically, substance abuse training and education to schools, churches or other charitable institutions within the City with a value equal to or greater than the annual public school board taxes assessed for the properties for the prior year. Caron is exempt from paying ad valorem real estate and public school board taxes due to its status as a full treatment center. Pursuant to the terms of the current Settlement Agreement, Caron paid $55,159.92 to the City in 2014 and will pay $59,112.51 in 2015. Caron has requested to amend the Settlement Agreement and Consent Order by offering to pay the City a sum equal to the amount of annual school board taxes in lieu of providing in-kind services, specifically, substance abuse training and education. Caron has divested itself of the operations attributed to Hanley Center and no longer has the same staff and resources it previously had to maintain the training and education programs required under the Settlement Agreement. If the City agrees, Caron would pay the City approximately $30,500.00 a year in addition to the existing sum it pays to the City under the Settlement Agreement. This additional sum represents the value of the annual school board taxes. If the proposed amendment is approved, the City Manager requests that the City Commission delegate to him the authority to appropriate the additional funds collected under this amendment for education efforts. Examples of educational programs that could benefit from the amendment to the Settlement Agreement include: • No Place for Hate at Atlantic Community High School, which is supported by Anti-Defamation League (ADL). • Pink Shirt Day, supported by the Literacy Coalition, which helps bring awareness to bullying. • Kid Safe at Pine Grove Elementary School, which teaches techniques for self-esteem building. • A book purchase program to provide books about substance abuse to local schools. • The hiring and scheduling of facilitators to talk about substance abuse at local churches, the 505 Teen Center, elementary, middle and high schools and other child-based organizations such as Knights of Pythagoras, Boys and Girls Club, and Boys and Girls Scouts. RECOMMENDATION Motion to approve amending the Settlement Agreement and Consent Order with Caron Foundation of Florida, Inc. to require Caron to pay an annual sum equal to the amount of public school board taxes in lieu of providing in-kind services, specifically, substance abuse training and education. U1,11TED TAIES DISITIC-1 O-JURT OF FLOTCIT);,-� CASE 21,10: C2,JKON FOLNDAT-j aoTOF P1,0,",T-A,LN T C., ?lair V. ,CIT-�'OF z L%-\y P' �_Ri'CIT CONSLY'rOFTER i. "'Jaron ',U PLY th,'� Cil.,-, annuPl bqsls on of before March 3'i o.Feadla year, ari aniGunt esLPt,-- to:Ps :nor the pn.--;kij:,us yea` aE- sc,,- ZcAh by tiv., Palm !}each- Cojugy less tb.--,- amount W, Se'-toot to-xzs, nefther of-1,0 ich it is &bligided to gay, for the ffist znd second f--Yc-,an:,r-)rive Progn-an rzsid,..-n,.;es-r�ferred to in Caron's arnmoded complaint ("fh-st 0,:wn Drive Progi-in iesi,,!ew,.r,-" and "second Occtm Drive 14-Ir ngri-m "asidence," wiJi -*,.ts rni,-FIorn as a not-for-pzAt foundation, Caron, -,°n &m. -,;,am-al basis, will provid-,- sabstEince abuse trp.fidng and educEftion to schools, clinarches ei other char ab!-; institutions ht n, the City with a valve, in as amoimt equal. -0 or greaLer than tho aiximaJ schooi ta:,--,S set -.1ortli 'k,, the Palm D.-ac Coulity Pro-paiv,- App.,,?,,ser. Caroll to coordi-nate such ,damdoiial Offoris wid-3 tip City's educatiewd cuordinator. '.rh--.-- ctj- ;aborts an.1 ffic refso-nable av^om-modatirwis as set forth L Parag.-aplh 6 '%-sefinw as to ear-h residencL, N-411 if,,M6 when Czrcn Fells,b-,clsez wr no lmgar use--,11w.reoid:'Mes ibr its p-tdienm iji rz;ccovary. 2. Cpj:on and only of its &M, 'qw agree no: to o,,,vn mom fb,--,n two houses �.itbla -die City. if Caroa docides W 6--U its ieLil,116 0-1-ar. D-'M JP-!ogrpm res-I'derice, ana piEcb-nsc a Ylew C'jcean Dfiw Frogrw—,rosidon"., k rEui transfer tha rcasnaable &.,coinniod-ution-diat is befi.--,&raw,�,d by :1 0 the ty to fc,,-6 LP Uaro" - j- s,---%;ond 0-o-ean Dri-,.a Prr-,-,ram. residei)-.e to the a-ow resilence.on jilo- tijue busts if-die repjace jeja P-n)PtOy is of size (sq,rw�� foataw .,nd o ?,W. un, of i:c�ows)..Tts ob!igations.-irLder I ehed!e)rL-.nt�i io -mynenr s--jrI.I.-Sidence. 3. Ca)=�,vs a subst"Ince, ah-,ase treatrilen-Dr,)vIder shall nc,: &� reouired to di.--closi.;the addresses 0 iL,pafj IL cnizz' carninuraty]tossing,absc--It aa 4Trqpriate.court ord6r. 4. Tn,;!re wrill not bi; more that.four !Jehlicles in tiw clriv�;wr JF eliher reLsidc�,ice for more-&-,wa y L -1 12; holks continuously. Ar.;,, Caroa--oNxvzitxl vehicles iiiat pxk at either residence will biL, A:;Iy llecisktu Orn Caroin's Nudivg PIquc;sl the City for a, rza:;or.Rble naccomnod itio n ki,tho (,I,xf)nd Oce-zi D6 11-:e 'Progran res3,41,u-ice as w;�,1? as Caron'; reqticst fof L reascrabR, 1 accvm%—iodetion frorn. Ole Cfi- y's Stayr d unt.-I dic City CommisAor., ap-pmvi�s-dds s U- tkT)ie .c Fold itis 1).y;.i'lt("OurIL 6. The Cl-.Uy mrill rizat C.-, 'r rcquwl xt.;-io.-wonv' acceirw.-ioduion Decimt.-�,-r 19, 2011, ,-�S sapp_ktlltaiei d an: aizaeadeC, s-abied. to a up to sIx- i—widmiLS Oxrfm,.hly female ressidciltS, LO ihe 0-1 .p-, TE,dOik-JI,V ictdI,v I!it4ca r'xd ijxid- nvi proidbitod I%y 1-m) a7L ttv..., sc=nd Dzea:a Ldv?, Progmm iusicimce. Fnrilhes, t6e, reasomable amoamicdatio1i djatecl Pebmiaiy 14, 2011 to iho fir:-Gmnn Drkic_P-3g.,=ze:zidclic.-will be,aziieildeO to aiiov, %to eight-asidevts. 7. As to Ir iem use zeporwng. Caron M l r�--ii-m.t3jily r pc et.m m-, arm tai ba"is 6;r Oc-tob.O.0 3 JL UF eech y--;-,.r, by 'eel oe afti'dw.rit, tit number of.,urr.L)vf:xs cf--vesiotints :at tille first -,mi' sw.cmd .0cozo. Lcive Program rosidences. Carwal -!Tcee.s to =7t .ply wilh th,-O City Ordimi6e 29- 1 C-eLD Dive Pr,)grmi 09, &1-.d rv_gw-,�s dit"'none of;is f,.si.-Itent slots at eitb:,.-r Lh!.e first cii, sc-cond residenc-es.will turn(5&ies a year, S. 'ISS to any code 'is es, aw,, pi-ior to th(: o:-'any Aorx..:�I code cmorcem.ent proceeding a, the ("NY sl,1.411 iaoti-fy Carea of any cvdlible �.,Ode enfoxement isme or and Caroni v -.,,,-IspmJ,rj,--al:y oi,in within �5; busim.- s Jays upon written ncace som by e=.-til :an d.Joi Zertided mild, ird-wlm mceipi r3questeol', -i�D dtsiguab.,;-d colr=l, ,currently Michual Weiner, Ef!q.). O`Rrur.'s respoxvse, if in wilding, shall be Rur-Ished by email ard mail to code -m jrccniimt personnel who imidawd the tice with a copy to the Cir y c. Li the cv�.na of aa emeigew:y in which the CRY 1 s �Inv,-,-wmed 'die e-x:L-ffi.q-, ov jL-irnkent g xiststo people cr.vpzoporiy_-L the:Fir..avid second -the "Ay may imit-iediately rna�;-e -1111 rensonzWc Pvoonc nj,.,essary to anieliomle such em--rgency, and City will zl2Pr,'.Afl:.z-r i7roi,,,upuy sarvc writt,:,m -nt.-ilce tcy Caron of-zhz cm.f.Tgolicy, -.]I acdow, twken by thy:City andzhe xevsaus that sud, acthms wex--reaso-uable and necessary. A. This Scitlemv-ti JOgmzmeni and ConserAi. Oele- shy ii ba E.Iad:ng ca IC�aron, ii.s agents, enfployecls,eip,F-md the City 4mr;its agents-,e.,.oiqI5yt:es, alw. ';. 1. 1=7 tE-.re 3s !� disputc Ixtwk-,..-n the pa.rti4;;s ovorr the terms of, or :mnaplliniiee Ax.ith, OEs SeW,entem Agreement md Cousent Gr�Ier, or over any code vife-Zeemeat issuo net ra,.Solvied by h'arm's Aes'oonse garsmn .'.o pw• ►aplh 3,tH wit 1C sli.-�d milalz; ffie followincy notice aml.cL.,c i s I j, -occdma before s,t;king any 'Judicial or adirju�TlmtiNo ;'QModi-,-,: TkIz paotf clainihig non- compli-ance (*com,Jaiain,v party") shall, -g.mvide wriller. notic�- �y ernail and UsS. .i to C> %?ai; f! other party (`Mspundmg pafty") io fLe had.7vidualls zipecfied inn. A. respon pwty shall pi-ovid-z a ,vrittim rompwise by em-mil and U.S. Mail -!vAhi 101 buAuess days Born receipt os'the P.Nuce. If!lie respoading p-rt✓'s %!,cittcri remo.me dispofts th allagped nvu-l.oin-Plience, or does n&. offer to c'L-. the noz-compliaam, the 'coraphiking party, !)-.dore sleeking jrdicial or �dmirdstad,,,.. vdle' shall Est demaiid a 1k_e-•to4ar_..,-.- D, etftag kith the res=nding al att-..,t,,4,nt .10 nsoAve Mlle 1-c om, cc. fI_ face-to-fatx,mnetlng aball occur within M buainc s days fiom setv..',;e of dlie rlemand_ vniiNs by wiaeme,& .-IF il�;,5e pvdes. hi the evimt Fiat zhe im-fies do not rL-,0I7!e fla-, noncompkince, she parifi:s may 2 "('y and all r fiimu 'I -0 u- NcOing in tb3s a ;-a ' .1 He -W ".. 'lei ME Ur Small linmt Lhe Lhz sr)4Et Iij wu4uw, kor a b1cuch of flie obIr,-,;ationE -�xnwinzd in this 114n.u% 0, 12, f C'Curt will reoialuisdiialoi, to-:mPorct ti-z,-tum•of the,instmi.a;Aeerneu,. '3. Now z or modifmar!on of&is ar,,4%;e,.L.izn4 or uri covenant,c',aadidG.n,onimitado-a hori-in sball bt,wn.lid upless in ar�d dwly nwouted byboth C.%jn znd the Cit(ir(afk�apprwial by the City Corjunissism.). 14. will di:?1nim all l-x,;7vsuAs ?Pth Prtju(',';,-e including tz his tent hiwsnlit, the p; vious la-vv mill bi ween Ovor, and tit t City, the Lintou 1_,,!su.tt and any mfl all adTmidsnfive h -v 1 n ln- t --Wftod to: (i) U.S. Di,--Iuiop. onc, FLJT) cote al by Co.r,,)L q�;zinu Lie City, i g, but 9 2 % Court Case NO.: 12-ev-3021.5; (2) U.S. TINSTri-L C_Vw.' Case '40.: 05-cv-SO329: (3) Pab-a Leach, County C'ircaft C,07,irt Cw-, .No.: 50 2012 CA 10-2164.- (4�) .�`ocirth DisHct Coiu! 1)"AT 1 CFse 'No.:4D12-1345;E.d.jd(5) C,?_.sc�No.: O"t*-I'�'1-073(r�-1 8. -)Pen 13. 17pon the ap Co-i piov- ofth-, agre��mvit and Co-sent Ordev b), Count,ti'v3 vjLl wa dv4 all claims for datuages, aftornay'-, &�s and ng, z ea-0h incur%d tit tL-ough �d includiag the flake that illi- J11,greenw.;nt �.Mu Corsent OrJer is apr,)rnved by tbe, 'CIO s}. 1.4,p.,t-ties ;ese�-ve their right i'ght to seek damegez... attor-o''Y's fees ancl coAs nlcurx�-,d after tb--,, d:.!,e ill— Sotti�;:m Agreement and Con:,.ii4 Ordei is apprw-,cd 'I'lly the -_'oun for wy brewli of Zny rrovslon;ii to=;zge;vineat ! 16. Th(-; Ci-ty �All dismiss is eal frorn, &.ei prelim U.--on, bjum-tior, issues by United Status injunction ,7AH lac made Jud William P. Dhnitmuj as )n 1, 201/- arid that rTolimiina, pinnianew. D j , f Lit �,a o vfOr Foundation-W+ orida,Lic. City of_Deliray 23",ch IT, s Set'dement A,,7rez,,mcnt and Gi--im, arc h,-,re,:!,:, Lqyizow.A, ano. ih- rt -:etuns juriAiction to;mforcv,same. SO ORDERED&,is_day o-AP �IV17ZL ,Vfr P. T)Tjk,.Ur .3 Urdied Sliv-tes Disuizt Cour,1"_,dge 3 At this point,Ms.Wesley's daughter spoke on her behalf. Mrs_ Gray moved to approve Resolution No. 31-12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. Mrs. Butler stated the CRA will do the official plaque and unveil at the plaza on August 11,2012. Mrs. Gray stated this is the 35f year for the Roots Cultural Festival in that this weekend starting July 20f they will be having their youth basketball tournament at Pompey Park, Village Academy, and the Community Center. Also, Mrs. Gray stated on August 11, 2012 there will be a family reunion for the 35h year and will be held on Atlantic Avenue and S.W. 9' Avenue and August 3-5, 2012 is the men's tournament. She encouraged everyone to come out and support the Roots Cultural Festival. 9.8. SETTLEMENT AGREEMENT AND CONSENT ORDER: CARON FOUNDATION OF FLORIDA, INC.: Consider approval of a proposed Settlement Agreement and Consent Order with Caron Foundation of Florida,Inc. The City Attorney stated the Caron Foundation filed a lawsuit against the City of Delray Beach claiming violations of the Fair.Housing Act(FHA) and Americans with Disabilities Act (ADA) based on a denial of a reasonable accommodation request and the enactment of certain zoning ordinances. He stated a Federal Court granted a portion of that in May 2012. The City Attorney stated after that order staff met with Caron and had several discussions with them and the proposed settlement agreement before the Commission came out of those settlement discussions. The City Attorney stated the highlights of that settlement agreement is that basically Caron agrees to not own/operate any more-loan 2 homes in the City, while not required, Caron has agreed to pay the property taxes to the City (minus the school portion) which they will then take that amount and use that in conjunction with the City's Education Coordinator for educational programs in the City, Caron will also be allowed to relocate their second Ocean Drive home one time with the reasonable accommodation remaining in place, Caron agrees to have no more than 6 people in the second Ocean Drive property and 8 in the first Ocean Drive property, Caron would have no more than 4 vehicles in the driveway of either property for more than 12 hours continuously and the turnovers for the homes would comply with Ordinance No. 29-09 which is what the Federal Court ruled that the City would need to comply with. The City Attorney noted that Mr. Mandel, the City's outside counsel is present if the Commission has any questions. Mr. Jacquet stated regarding the taxes that Caron has agreed to pay there is no time limit as to when they will stop paying those taxes. The City Attorney stated as long as Caron owns the property they would continue to pay the taxes and noted they are not required to pay the property taxes. Mr. Jacquet inquired about the amount. 6 07/17/12 The City Attorney stated in 2011 the properties were approximately$37,000 and$35,000 and if you subtract the school portion of that it would be $20,0001$25,000 for each property that would then be coning to the City. Mr. Carney stated he read and reread the judge's ruling and noted there was motion for the injunction which essentially the judge came back and said that there was a substantial likelihood that the plaintiff would prevail on the merits of its claim to the injunction as it would be imposed on them. Mr. Mandel stated the standard to grant a preliminary injunction is very high and it has to be "a substantial likelihood of success on the merits" and the court found that there is a substantial likelihood that Caron would prevail as to its intentional discrimination under the ADA (Americans with Disabilities Act) and the Fair Housing Amendments Act (FHAA). Mr. Mandel stated the injunction only related to the Caron Foundation. Mr. Carney asked if the standard higher than Caron would have had to meet in a regular trial_ Brief discussion ensued between Mr.Mandel and Mr. Carney. Mrs. Gray asked how the ordinance the City has in place now relates to what Caron is willing to have no more than 6 people in the second Ocean Drive property. The City Attorney stated the ordinance the City has now provides that "no more than 3 unrelated people" and the 6 is above the 3. However, the City Attorney stated this settlement agreement only applies to the Caron Foundation and no one else. Mrs. Gray asked for an estimated amount of what is being spent on this case. The City Attorney stated to date for litigation the City spent approximately $55,000 and that will increase dramatically if the City continues on through the appellant process and then through a full blown trial. Mr. Frankel stated since 2009 he has tried to be the single strongest advocate in protecting our single family neighborhoods. He stated there is a lot of misinformation out there and feels it is important to clarify some things, and if it has not already been done, he feels the opinion needs to be posted on the City's website. Mr. Frankel thanked outside counsel and the City's inside counsel for doing a great job. Mr. Frankel stated he is against any business in a single family neighborhood and in 2009 he proposed having no more than 3 unrelated in any dwelling and unfortunately at that time his colleagues thought that was too stringent including many of our beach residents who lease out their homes were not interested. Mr. Frankel stated he is happy that in 2012 the City was able to pass the position he previously took. He stated since 2009 he has met with State and Federal representatives, worked with the Police Department about this area and it is very complex. Mr. Frankel stated according to Federal law a child born with spinal bifida is offered the same protections as someone in recovery for alcohol or drugs. Mr. Frankel read the opinion of Judge William P. Dimitrouleas of the U.S. District Court into the record(page#20 &21). Mr.Frankel stated if this goes any further the City is looking at over $1 million in legal fees potentially and it is going to be worse than what is in the settlement agreement. Mr. Frankel stated while he is not happy about it,he believes the City has no choice but to approve the settlement agreement- 7 07/17/12 i Mayor McDuthe stated the Commission was asked by the community to do something about this issue and our own legal team worked for a number of years and along with outside counsel the City worked for quite some time longer. He stated he asked the public how much more tax were they willing to spend to continue to try to eliminate this problem. Mayor McDuffie stated in conversation with outside counsel, our awn legal counsel as the spear point of this effort in South Florida we have run into an immovable object. Mayor McDuff a stated a city of this size cannot stand for a loss of revenue of the magnitude that this could reach. He stated he believes the City has done their best to try to bring the stability to single family neighborhoods that Commissioner. Frankel has talked about. Mayor McDuffie stated all of us would like to have pure single family neighborhoods whether we are the BPOA, Lake Ida, or someone else. He stated given the Americans with Disabilities Act (ADA), the Fair Housing Law (FHL), and everything else the City is running into it is impossible. He stated for the City to pursue this and throw more money at it is fiscally irresponsible and unconscionable. Mayor McDuffie stated he sees nothing to do but to agree with the settlement agreement. Mr. Carney stated he understands the frustrations that the Commission is having, that counsel is having, and that the citizens of Delray Beach are having. Mr. Carney stated the ordinance itself was found to be non-discriminatory. Mr. Carney stated he does not like the idea of settling when he knows that the Commission as a body adopted this ordinance and did not have any of the intents that are being imputed to them. Brief discussion ensued by the Commission. Mr. Mandel stated the City is only agreeing not to enforce certain things against Caron and Caron only;the ordinance still is in play for everyone else. Mr. Jacquet stated he is glad to know that this is only dealing with Caron. He suggested that the City start dialogue with our representatives in Washington and see if there is a change down the road that could take care of this for us and other municipalities that are dealing with similar situations. Mayor McDuffie stated he and Mike Malone went to Washington with several things to talk to the Congressional Delegation about (i.e. Beach Renourishment, Highway funding, etc.)but they had two huge issues they wanted to discuss and that were transient housing and pill mills. Mayor McDuffie stated it caught fire in Washington and Tallahassee and we now have some very strong efforts being put forth in Tallahassee with evidence down here that we got serious about dealing with prescription drug pill mills. Mayor McDuffie stated there is some legislation in the way of this that is huge. Mayor McDuffie encouraged the Commission to continue to make trips to Washington and reminded everyone of the election in November and that is where people need to speak. Mr. Frankel moved to approve the settlement agreement and Consent Order with Caron Foundation of Florida,Inc.,seconded by Mrs. Gray. 8 07/17/12 Upon roll call the commission voted as follows: Mr. Frankel—Yes; Mrs. Gray— Yes; Mayor McDuffie—Yes; Mr_ Carney—Yes; Mr. Jacquet—Yes_ Said motion passed with a 5 to 0 vote. 9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, Mr. Harden stated Item 9.D. will take quite a bit of time and suggested that the Commission make their appointments first and come back to this item. 9.E. APPOESTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one(1)regular member to serve an unexpired term ending July 31,2013 and two (2) regular members to serve two (2) year terms ending July 31, 2014 to the Financial Review Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). Mayor McDuffie stated he wished to appoint Brian Wood as a regular member to the Financial Review Board (FRB) to serve a two (2) year term ending July 31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray—Yes; Mayor McDuffie—Yes; Mr. Carney— Yes;Mr. Jacquet—Yes;Mr_Frankel—Yes. Said motion passed with a 5 to 0 vote. W. Jacquet moved to reappoint Jeremy Office as a regular member to the Financial Review Board (FRB) to serve a two (2) year term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie Yes; Mr. Carney--Yes;Mr. Jacquet—Yes; Mr. Frankel— Yes; Mrs. Gray— Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to reappoint Luise Piane as a regular member to the Financial Review Board (FRB) to serve an unexpired term ending July 31, 2013. Upon roll call the Commission voted as follows: Mr. Carney— Yes; Mr. Jacquet—Yes; Mr. Frankel.--Yes; Mrs. Gray—Yes; Mayor McDuffie—Yes. Said motion passed with a 5 to 0 vote. 9_F. APPOINTMENTS TO THE PUBLIC EMPLOYEES RELATIONS COWUSSION: Appoint one (1) regular member to serve a four (4) year term ending August 1, 2016 and one(1) alternate member to serve an unexpired term ending June 30, 2014 to the Public Employees Relations Commission. Based upon the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray(Seat#4). Mr. Frankel moved to reappoint Edward Desmond as a regular member to the Public Employees Relations Commission(PERC)to serve a four(4)year term ending August 1, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet Yes; Mr. Frankel --- Yes; Mrs. Gray —Yes; Mayor McDuffie — Yes;Mr. Carney—Yes. Said motion passed with a 5 to 0 vote. 9 07/17/12 MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: March 20,2015 SUBJECT: AGENDA ITEM 9.N.-REGULAR COMMISSION MEETING OF APRIL 6,2015 NOMINATION FOR APPOINTMENT FOR THE PUBLIC ART ADVISORY BOARD BACKGROUND There is a vacancy on the Public Art Advisory Board due to the resignation of Ms. Sharon Koskof£ The term is unexpired ending July 31, 2016. Nomination for appointment is needed for one (1)regular member to serve an unexpired term ending July 31,2016. On February 1,2005,the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection,construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individual has submitted an application and would like to be nominated for appointment: (See Exhibit"A"attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Mayor Glickstein (Seat #5)for one(1)regular 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 Public Art Advisory Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1) regular member to serve on the Public Art Advisory Board for an unexpired term ending July 31,2016. PUBLIC ART ADVISORY BOARD EXHIBIT A Steven Blackwood Sculptor/Artist Amy Holland Retired/Free Lance Designer Francesca Mallows Independent Artist Marianne Reagan Human Resources Assistant Daniel Rose Attorney Sandy Trento Educator Kevin Warner Educator Christina Wood Editor Manager of Art & Culture Magazine PUBLIC ART ADVISORY BOARD 03/15 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/15 Daniel Bellante, Chair Business Owner Unexp Appt 03/20/12 Reappt07/09/13 07/31/16 Vacant 07/31/15 Glenn Weiss Public Art Consultant Unexp Appt 09/04/14 07/31/16 Shirl Fields Jewelry Appt 07/15/14 Designer/Retired 07/31/16 Kevin Rouse Artist/Photographer Appt 07/17/12 Reappt07/01/14 07/31/16 Carolyn Pendelton-Parker,Vice Chair Landscape Architect Appt 08/07/12 Reappt07/01/14 07/31/15 Patricia Truscello Public Relations Appt 05/21/13 Unexp Appt+ Specialist 2 yr Contact: Suzanne Davis 243-7151 S/City Clerk/Board 15/Public Art Advisory Board FVI o j A \ A ,"7t A CJ CJ � � 77� 77� M M O M O M N M �77� i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: March 20, 2015 SUBJECT: AGENDA ITEM 9.0.-REGULAR COMMISSION MEETING OF APRIL 6,2015 NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY BOARD BACKGROUND There are four (4) vacancies on the Police Advisory Board due to the resignations of Mr. Matthew Monahan, Mr. Robert Shell, Mr. Alan Siegel and the passing of Mr. Shelly Weil. One term is unexpired 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. Three terms are unexpired ending July 31, 2016. Nominations for appointment are needed for four(4)regular members. In order to qualify for appointment, a person shall be either a resident of, own property, own a business, or be an officer, director, or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners,religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted an application and would like to be nominated for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Katz (Seat #3) for one (1) regular member to serve an unexpired term ending July 31, 2017. Commissioner Jarjura (Seat #4), Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1)will make nominations for appointment for three (3) regular members to serve unexpired terms ending July 31, 2016. DISCUSSION This item is before the City Commission for nominations for appointment to the Police Advisory Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for one (1) regular member to serve on the Police Advisory Board for an unexpired term ending July 31, 2017 and for three (3) regular members to serve unexpired terms ending July 31, 2016. City of Delray Beach Police Advisory Board —Applicants Exhibit A 1. Michael Caruso Resident 2. Alexander Christopher Resident 3. Steven Mack Resident 4. Daniel Rose Resident 5. Richard Sachs Resident 6. Peter Sclafani Resident 7. Kevin Warner Resident 8. Patricia Westall Resident POLICE ADVISORY BOARD 03/15 TERM EXPIRES NAME &ADDRESS 07/31/15 Jack Chadam Unexp Appt+2 yr 05/21/13 07/31/16 Wyana Claxton Unexp Appt08/16/11 Reappt07/17/12 Reappt07/15/14 07/31/16 Lea Anne DeRigne Appt07/15/14 07/31/16 Vacant, Chair 07/31/15 Vacant 07/31/15 Annette Annechild Unexp Appt11/01/11 Reappt07/25/13 07/31/16 Vacant,Vice Chair 07/31/16 Ellen Major-Hanna Appt07/15/14 07/31/16 Vacant 07/31/15 Michael Costin Appt08/06/13 07/31/15 John Jackson Unexp Appt12/03/2013 07/31/15 Vacant (Student) 07/31/16 Vacant Student Contact: Yolaina Ruiz 243-7056 S/City Clerk/Board 15/Police Advisory Board FVI zs o O � � o —,j C2 zz zs Oq.CD CD CD CD CD CD C,j 411111, CA CA C�j C�j C�j 0 0 Cd Cd Cd cd Id cz 0 0 = cz cz > > > > 4