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05-05-15 Regular Meeting AgendaCity of Delray Beach Regular Commission Meeting Tuesday, May 5, 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.mydelraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. December 2, 2014 - Regular Meeting B. December 9, 2014 - Regular Meeting 5. PRESENTATIONS: A. Update on the Legislative Session — Representative Bill Hager B. We Heart Small Biz Month — May C. Update on the Legislative Session — Senator Maria Sachs 6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL CONSENT AGENDA: City Manager Recommends Approval A. ACCEPT FUNDING FOR TROLLEY SERVICES FROM SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY (SFRTA): Motion to Approve an agreement with the South Florida Regional Transportation Authority (SFRTA) for funding in an amount not to exceed $75,000.00 for trolley services for the period of July 1, 2015 through June 30, 2016. B. RETROACTIVE APPROVAL OF AGREEMENT /FATKING FILMS, LLC. /USE OF TENNIS STADIUM: Motion to Approve a retroactive agreement with Fatking Films, LLC., for use of the Tennis Stadium on April 8, 2015 for the filming of a television commercial. C. GRANT APPLICATION /DEPARTMENT OF JUSTICE BULLETPROOF VEST PROGRAM: Motion to Approve a grant application to the Department of Justice's Bulletproof Vest Program. If awarded, the program reimburses 50% of the costs associated with purchasing bulletproof vests. D. PROCLAMATIONS: 1. Lyme Disease Awareness Month — May 2015 2. Better Hearing Month - May 2015 3. Civility Month — May 4. National Safe Boating Week — May 16 -22, 2015 5. Water Reuse Week — May 17 -23, 2015 6. Trauma Awareness Day — May 18, 2015 E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Motion to Accept the actions and decisions made by the Land Development Boards for the period April 13, 2015 through April 24, 2015. F. AWARD OF BIDS AND CONTRACTS: 1. Motion to Approve a Bid Award to ALSCO (Bid No. 2015 -14) in an annual amount not to exceed $27,000.00 for linen rental services at the Municipal Golf Course. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method ". Funding is available from 445- 4715 -572- 52.22 (Delray Beach Municipal Golf Course: Operating Supplies /Uniforms /Linen Service). 9. REGULAR AGENDA: A. RESOLUTION NO. 28 -15 /ALL ABOARD FLORIDA: A Resolution expressing concern that All Aboard Florida will have an adverse impact on the City; stating that the City cannot support the All Aboard Florida Project unless the City's concerns are adequately addressed; encouraging the Federal Rail Administration and all other Federal, State and local allencies to require All Aboard Florida to pay for the cost of constructing Quiet Zones, pedestrian sidewalks, required safety devices, right -of -way improvements, and other improvements to the Florida East Coast Industries at -Grade Railroad Crossings located within the City. B. BID AWARD /ROSSMAN ENTERPRISES INCORPORATED DB /A CLEAN AIR CONCEPTS /FIRE APPARATUS DIESEL EXHAUST SYSTEM REPLACEMENT: Motion to Approve a Bid Award (Bid No. 2015 -22) to Rossman Enterprises Incorporated d /b /a Clean Air Concepts, the lowest responsive bidder, in the amount of $301,179.00 for the fire apparatus diesel exhaust system project (Project No. 2014- 089). This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A) (1), "Competitive Bids ". Funding is available from 334 - 2311 -522 -64.90 (General Construction Fund: Fire Control /Other Machinery & Equipment). C. PURCHASE AWARD /HALL -MARK FIRE APPARATUS/HORTON ALS RESCUE AMBULANCE: Motion to Approve a purchase award to Hall- Mark Fire Apparatus in the amount of $284,015.00 through the Florida Sheriffs Contract No. 15 -11 -0116 for one (1) new Horton ALS Rescue Ambulance Specification No. 2. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental Entities' Contracts ". Funding is available from 501- 3312 -591 -64.25 (Garage Fund: Vehicle Replacement/ Machinery/Equipment /Heavyquipment). D. APPROVAL OF SPENDING GREATER THAN $25,000.00 AND PURCHASE AWARD /FLORIDA BULLET, INC: Motion to Approve a purchase award to Florida Bullet, Inc., in an amount not to exceed $65,000.00 for acquisitions of ammunition with Florida Bullet, Inc. for the Police Department. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year ". Funding is available from 001 - 2111 -521 -52.20 (General Fund: Police /Public Safety/Operating Supplies /General Operating Supplies). E. RESOLUTION NO. 25 -15 /BANG OF AMERICA/PUBLIC CAPITAL CORPORATION MASTER LEASE PURCHASE AGREEMENT: Motion to Approve Resolution No. 25 -15; approving the form and authorizing the execution and delivery of a Master Equipment Lease /Purchase Agreement in an aggregate principal amount not to exceed $10,000,000.00 with Banc of America Public Capital Corporation. F. RESOLUTION NO. 26 -15 /BANG OF AMERICA/CAPITAL CORPORATION REIMBURSEMENT AGREEMENT: Motion to Approve Resolution No. 26 -15; to consider approval of reimbursement for certain Capital Expenditures by incurring debt; maximum principal amount of debt; nature of project costs; authorizing incidental action; and repeal of prior inconsistent Resolutions. G. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD: Nomination for appointment of one (1) regular member to serve on the Education Board to serve an unexpired term plus an additional full term ending July 31, 2017. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat #1). H. NOMINATION FOR APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Nomination for appointment of one (1) regular member to serve on the Police and Firefighters Retirement System Board of Trustees to serve a two -year (2) term ending April 22, 2017. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat #4). I. DISCUSSION REGARDING PEDICABS AND PEDAL TROLLEYS: Provide direction from the Commission on whether to allow Pedicabs and Pedal Trolleys. J. ENGAGEMENT OF SPECIAL COUNSEL FOR LEGAL OPINION, RE: ATLANTIC CROSSING PROJECT /ATLANTIC COURT: The City Attorney proposes that the City retain special counsel to obtain a legal opinion in connection with the proposed Atlantic Crossing Project. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 11 -15 (SECOND READING): Motion to Approve Ordinance No. 11 -15, amending Chapter 36, "Acquisition of Goods and Services and Disposal of City Property "; amending Section 36.02, "Method of Acquisition," Subsection (A), "Sealed Competitive Method "; Creating Section 36.14, "Local Business Preference "; Establishing a Local Business Preference in the Acquisition of Goods and Services; Providing Definitions and Certification Requirements for same; Providing for Exclusions from and Waiver of Local Business Preference. 11. FIRST READINGS: A. ORDINANCE NO. 07 -15 (FIRST READING): Motion to Approve Ordinance No. 07- 15, an amendment to Chapter 51, "Garbage and Trash ", of the Code of Ordinances, Section 51.70, "Regular Charges Levied ", to provide for new Residential Collection Service Rates for the remaining Fiscal Year 2015. If passed, a public hearing will be held on May 19, 2015. B. ORDINANCE NO. 09 -15 (FIRST READING): Motion to Approve Ordinance No. 09- 15, an amendment to Land Development Regulations Section 4.6.9, "Off- Street Parking Regulations ", Subsection 4.6.9 (E), "Locations of Parking Spaces ", Paragraph 3, "In Lieu Fee ", to create two new areas. If passed, a public hearing will be held on May 19, 2015. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. Cily Manager 1. Workforce Housing Trust Fund 2. Update on Impacts of New LDR Requirements for five (5) feet and six (6) feet Clearance on Pedestrian Access and Impacts on Various Restaurants within the City of Delray Beach 3. Report Regarding Meeting with All Aboard Florida 4. Commission Direction Regarding Fire Department 5. Creation of Purchasinjj Department 6. Proposed Staff Reorganization B. City Commission C. City Attorney DECEMBER 2, 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, December 2, 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 - Also present were - None Terry Stewart Interim Ci • . ' • ®MI:... ®® ® ® ® ®® ® ® ® ® ®® ® ® ® ®® 2. The opening prayer was delivered by Chaplain Anthony Cuseo. 3. The Pledge of Allegiance to the flag of the United States of America was ® ® ® ®® ® ®® ®® ® ® ® ®® ® ® ®® ® ® ®® ® ®® ®® ® ® ® ®® ®®®® ® ®® ®® ® ® ® ® ® ®® ® ® ®® ® ®® ® ® ® ® ®® 4. ��.� A;�® Vice Mayor Petrolia moved to approve the Minutes of the Regular Meeting of August 5, 2014, 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. 12/02/14 5. PRESENTATIONS: S.A. Recognizing and Commending Lieutenant General William J. Ely Mayor Glickstein read and presented a proclamation to Lieutenant General William J. Ely into the record. Lieutenant General William J. Ely came forward to accept the proclamation and gave a few brief comments. 5.11. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee) Quarterly Awards Presentation Scott Solomon, Water /Sewer Network Manager, gave a brief overview of the SPIRIT Award Program. Mr. Solomon recognized and presented Mr. Chassler Holm with the quarterly SPIRIT Award. 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. Interim City Manager Terry Stewart provided a list of responses to prior public comments to the City Commission and the public. 6.11. From the Public. 6.11.1. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked what happened to the overstock of garbage carts. Ms. Moody asked if the citizens are going to get the final tally on how much the contract is regarding Waste Management. In her opinion, Ms. Moody feels the garbage procurement problem is not fixed and requested that the City provide her and the public with the final tally of how much this is costing now. 6.11.2. Bruce Bastian, 675 Enfield Court, Delray Beach, FL 33444, thanked the City Commission for putting the resolution for Human Powered Delray (HPD) on the Agenda. 7. AGENDA APPROVAL. Mr. Frankel requested that Item 8.5., Resolution No. 61 -14 be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A. Vice Mayor Petrolia requested that Item 8.0., Annual Performance Bonus /JCD Sports Group, Inc. be moved from the Consent Agenda to the Regular Agenda as Item 9.B.B. 2 12/02/14 Vice Mayor Petrolia moved to approve the Agenda as amended, 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. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/DOWNTOWN DELRAY PROFESSIONAL CENTER: Consider approval of a final plat for Downtown Delray Professional Center, two medical office buildings located on the north side of S.E. 6th Street between S.E. 5m Avenue and S.E. 6m Avenue. 8.B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)B & B UNDERGROUND CONTRACTORS, INC.: Approve Contract Closeout (Change Order No. 1 /Final) in the amount of $5,293.50 decrease and final payment in the amount of $19,189.57 to B & B Underground, Inc. for completion of the North Lake Ida Area Water Main Project (Bid No. 2014 -11). This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work ". 8.C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3/FINAL) /MANCIL,'S TRACTOR SERVICE, INC.: Approve Contract Closeout (Change Order No. 3/Final) in the amount of $33,623.23 decrease and final payment in the amount of $16,893.00 to Mancil's Tractor Service, Inc., for completion of the N.E. 1st Avenue Improvements Project No. 12 -042). This is in compliance with Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work ". 8.D. CONSENT TO ASSIGNMENT FROM THE DUMONT COMPANY, INC. TO HAWKINS, INC.: Approve the Consent to Assignment from The Dumont Company, Inc. to Hawkins, Inc. 1. CONTRACT RENEWAL/DUMONT COMPANY, INC. (d /b /a HAWKINS): Approve renewal of an annual contract with Dumont Company, Inc. (Bid No. 2013 -01) in an amount not to exceed $45,000.00 for the purchase and delivery of Hydrofluorosilicic Acid for use in water treatment. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.07(A)(3), "Renewals and Section 36.03(A), "Acquisitions of Twenty -Five Thousand Dollars ($25,000) or Greater ". Funding is available from 441 - 5122 -536 -52.21 (Water & Sewer Fund: Operating Supplies /Chemicals). 8.E. REQUEST FOR A SIDEWALK DEFERRAL/ 1002 SEASAGE DRIVE: Approve an agreement to defer installing a sidewalk for 1002 Seasage Drive in the Seasage Overlay District. 3 12/02/14 8.F. REQUEST FOR A SIDEWALK DEFERRALS /1031 MELALEUCA ROAD: Approve an agreement to defer installing two (2) sidewalks on the northwest corner of Seasage Drive and Melaleuca Road for the property located at 1031 Melaleuca Road in the Seasage Overlay District. 8.G. ACCEPTANCE OF A RIGHT OF WAY DEED /104 S.E. 1s' AVENUE: Approve acceptance of a right -of -way dedication for the alleys and S.E. 1St Avenue for Swinton Social located at 104 S.E. 1St Avenue. 8.H. ACCEPTANCE OF A RIGHT OF WAY DEED /202 NORTH SWINTON AVENUE: Approve acceptance of a right -of -way dedication for the alley to the rear of 202 North Swinton Avenue located in the Old School Square Historic District. 8.I. HOLD HARMLESS AGREEMENT/KH SANDCASTLES, LLC: ST. GEORGE: Approve a Hold Harmless Agreement with KH Sandcastles, LLC. to install and construct utilities in the State right -of -way for the project associated with St. George Townhomes located on the east side of Federal Highway, north of George Bush Boulevard. 8_J. AMENDMENT TO THE LICENSE AGREEMENT /32 EAST RESTAURANT: Approve an Amendment to the License Agreement between the City and Bright Horizons Investment Corporation to add a second floor canopy to encroach into the right -of -way for 32 East Restaurant located at 32 East Atlantic Avenue. 8.K LANDSOUTH CONSTRUCTION/PROPOSED TRAFFIC PATTERN MODIFICATION DURING CONSTRUCTION: Provide authorization for Landsouth Construction to close the alley between S.E. 4h and S.E. 5m Avenue north of S.E. 2nd Street (250 feet) from January 5, 2015 through November 5, 2016 for Uptown Delray. 8.L. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000/FERGUSON ENTERPRISES, INC.: Approval for FY 2015 spending with Ferguson Enterprises, Inc. in an amount not to exceed $180,000.00 for parts related to water and wastewater utility operations, maintenance, and repair. This is in compliance with the 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.M. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000 /HD SUPPLY WATERWORKS: Approval for FY 2015 spending with HD Supply Waterworks in an amount not to exceed $180,000.00 for parts related to water and wastewater utility operations, maintenance and repair. This is in compliance with the Code of Ordinances, Chapter 36 Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year ". 4 12/02/14 8.N. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA) /CONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment No. 2 to the Interlocal Agreement between the City and Community Redevelopment Agency (CRA) to further modify the amount of funding for the projects listed in Exhibit "A" to reflect the actual amount of funding provided by the CRA for the projects at the end of FY 2013 -14 and close out the fiscal year. 8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.B.B. 8.P. RESOLUTION NO. 60 -14 /FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LOCALLY FUNDED AGREEMENT: Approve Resolution No. 60 -14; to provide authorization to execute a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) in the amount of $247,865.40 for the installation of trombone mast arm upgrades at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street (Project No. 14 -077 and 14- 078). Funding is available from 334 - 3162 -541 -68.99 (General Construction Fund: Other Improvement/East Atlantic Gleason /Venetian Signal). The caption of Resolution No. 60 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF TROMBONE MAST ARM TRAFFIC SIGNAL ASSEMBLIES ALONG ATLANTIC AVENUE AT THE INTERSECTIONS OF VENETIAN DRIVE AND GLEASON STREET AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. (The official copy of Resolution No. 60 -14 is on file in the City Clerk's office.) 80. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00 /TEN -8 FIRE EQUIPMENT: Approval for FY 2015 spending with Ten -8 Equipment, as a sole source vendor, in an amount not to exceed $65,000.00 for the purchase of Pierce Fire Truck repair parts and service. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year ". Funding is available form 501- 3311 -591 -52.50 (Garage Fund: Operating Supplies/External Parts) and 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies/ C.G. — Outside Service). 12/02/14 8.R RESOLUTION NO. 62 -14: Approve adoption of Resolution No. 62 -14; recognizing the Human Powered Delray (HPD) Interim Bicycle and Pedestrian Master Plan. The caption of Resolution No. 62 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THE HUMAN POWERED DELRAY (HPD) INTERIM BICYCLE AND PEDESTRIAN MASTER PLAN, PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 62 -14 is on file in the City Clerk's office.) 8.S. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.T. RESOLUTION NO. 65 -14: Approve Resolution No. 65 -14 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City of Delray Beach. office.) The caption of Resolution No. 65 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 65 -14 is on file in the City Clerk's 6 12/02/14 8.U. PROCLAMATIONS: 1. None 8.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 10, 2014 through November 21, 2014. 8.W. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Glade and Grove Supply Company in the amount of $28,000.00 for a new Case 85C Tractor via the Florida Sheriff's Association Contract #14 -12 -0904, Specification #20. 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 501- 3312 -591- 64.20 (Garage Fund: Machinery /Equipment/Automotive). 2. Purchase award to Rechtien International in an amount not to exceed $65,000.00, as a sole vendor, for the purchase of OEM repair, parts and services that are proprietary to International trucks. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source ". Funding is available from 501- 3311 -591 -52.50 (Garage Fund: Operating Supplies/External Parts) and 501- 3311 -591 -52.52 (Garage Fund: Operating Supplies/ C.G. — Outside Services). Mr. Frankel moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A.A. RESOLUTION NO. 61 -14: Approve Resolution No. 61 -14; supporting the Board of Directors of the Palm Beach County League of Cities, Inc.'s objection to recent action taken by the Palm Beach County Board of County Commissioners to withdraw Palm Beach County from the Treasure Coast Regional Planning Council (TCRPC) and to request membership in the South Florida Regional Planning Council (SFRPC). The caption of Resolution No. 61 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC.' S OBJECTION TO 7 12/02/14 RECENT ACTION TAKEN BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO WITHDRAW PALM BEACH COUNTY FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL AND TO REQUEST MEMBERSHIP IN THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; SUPPORT THE COUNTY'S CONTINUED MEMBERSHIP IN THE TREASURE COAST REGIONAL PLANNING COUNCIL; PROVIDING FOR DISTRIBUTION; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 61 -14 is on file in the City Clerk's office.) The City Attorney stated the Palm Beach County Board of County Commissioners recently considered withdrawing from TCRPC and joining the South Florida Regional Planning Council (SFRPC). The City Attorney stated the reason for that consideration by Palm Beach County was primarily cost and this resolution supports remaining with the TCRPC. Mayor Glickstein stated the City of Boca Raton passed a similar resolution a couple of weeks ago. Mayor Glickstein stated in having worked with Treasure Coast Regional Planning Council ( TCRPC) 12 years ago in developing the Downtown Master Plan and also working with them as a Board member of the Palm Beach County Metropolitan Planning Organization, he feels they have been an incredible partner for the city. Mayor Glickstein stated he has never seen a representative from the Broward County MPO, Regional Planning Council, or South Florida Regional Transportation Authority at any MPO meeting. Mayor Glickstein stated he provided the Commissioners a copy of his letter to the County Commission in terms of the City's representation and since he has been Mayor there not been one item on the TCRPC's agenda concerning Palm Beach County of any material significance. Mayor Glickstein stated with what Palm Beach County League of Cities is asking the City to do and with that personal experience with Treasure Coast he supports the resolution. Brief discussion followed by Mr. Frankel and Mr. Jacquet regarding this item. After brief discussion, Vice Mayor Petrolia moved to approve Resolution No. 61 -14, seconded by Deputy Vice Mayor Jarjura. 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 12/02/14 9.11.11. ANNUAL PERFORMANCE BONUS /JCD SPORTS GROUP, INC.: Approve FY 13/14 bonus payments to JCD Sports Group, Inc. for golf course operations in the amount of $12,233.70 and for Tennis Center operations in the amount of $5,012.55. Funding is available from 445- 4711 -572 -34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446- 4711 -572 -34.90 (Lakeview Golf Course: Other Contractual Service) and 001 - 4215 -575 -34.90 (General Fund: Operating Expenses - Miscellaneous /Other Contractual Service). Suzanne Davis, CPRP, Director of Parks and Recreation, gave a brief explanation of the performance measures and stated JCD Sports Group, Inc. is not receiving the full 100% that they are eligible for in their contract because they did not meet some of the requirements of the performance measures. Vice Mayor Petrolia asked where the money goes and who receives these bonuses. Ms. Davis stated the money goes to the management company and they disburse the money to employees as part of a bonus incentive for their work throughout the year. Vice Mayor Petrolia asked if this is an industry standard to give bonuses out to vendors like this. Ms. Davis stated with management companies typically to have some form of bonus built in to either their contract or management fee. Vice Mayor Petrolia moved to approve Item 9.11.11. (formerly Item 8.0.), 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. 9.A. WAIVER REQUESTS /202 NORTH SWINTON AVENUE: Consider approval of three (3) request for waivers to the Land Development Regulations (LDR) Section 4.6.9(13)(2)(b), "Off- Street Parking Regulations, Provisions for Ingress and Egress ", to reduce the minimum required combined depth of alley and parking spaces from 42' to 39' -6 and to reduce the required parking space width from 10' to 9' at the rear of the property, adjacent to the alley; Land Development Regulations (LDR) Section 4.6.9(13)(3)(a -b), "Off- Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width ", to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue for the property located at 202 North Swinton 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 Items 9.A., 9.11., and 9.C. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Dana Little, Director of Planning and Zoning, entered the Planning and Zoning project file #2014 -224 into the record. 9 12/02/14 Mr. Little stated the subject property is located on the northwest corner of North Swinton Avenue and N.W. 2nd Street (a /k/a Dr. Martin Luther King Drive) and is located within the Old School Square Historic District. At its meeting of October 1, 2014, the Historic Preservation Board (HPB) considered and approved a Certificate of Appropriateness (COA) and Class V Site Plan for site improvements related to the change of use from residential to office. No additional square footage was added. At the same meeting, Mr. Little stated the HPB considered three (3) waivers and voted 6 to 0 with one vacant seat to recommend approval of the waivers to the City Commission. Mr. Little stated this request duplicates a proposal that was approved in 2011 but it expired. The applicant is seeking approval for three (3) waivers; the first is minimum combined alleyway and parking space depth; the parking space width reduction; and reduce the required driveway width. The alleyway is the north /south alleyway. Mr. Little stated this is a front elevation and a contributing building in the historic district. He stated the project site improvements to the property and noted there is a 2' 6" alleyway (15 feet) dedication; as part of the LDRs the alleyways need to be improved through redevelopment to 20 feet thus the 2' 6" on either side. In addition, Mr. Little stated four (4) new concrete parking spaces would be accessed off the alleyway and three additional paver (brick pavers) parking spaces (no longer asphalt or concrete) access from North Swinton Avenue. There is currently an existing asphalt circular drive that would be removed and replaced with brick pavers for parking area, walkways and heavily landscaped areas. Mr. Little briefly reviewed the waiver criteria that must be met pursuant to LDR Section 2.4.7(B)(5) and the waiver requests. Mr. Little stated the parking area was improved in the 1990's and there was no dedication of the 2' 6" which would give the total 20 feet of the alleyway. Mr. Little stated what is being requested is the 2' 6" waiver which would give 39' 6 ". Mr. Little stated the parking sits way back; the point of the 20 feet and the point of the depth is so that there is visibility of getting in and out of the parking spaces from the alley. Mr. Little stated the second waiver has to do with the parking spaces widths and the minimum width of a parking space along an alleyway be 10 feet; the applicant is seeking relief of one (1) foot of each of these parking spaces to accommodate 9' wide parking spaces and the last waiver is a request to the driveway width LDR Section 4.6.9 the point of access to a street or alley shall be a maximum of 24 feet but in the case where it is a private driveway with less than 200 average daily trips (ADT) it cannot be less than 20'. The applicant is seeking relief from 20' to 18'. At its meeting of September 12, 2014, the Community Redevelopment Agency (CRA) considered this project and the Board recommended approval of all three (3) waiver requests and the Historic Preservation Board also recommended approval of all three (3) waivers with a 6 to 0 vote (one seat vacant). Staff recommends approval of the three (3) waivers based upon positive findings with respect to the LDR Section 2.4.7(B)(5): (1) approve a waiver to LDR Section 4.6.9(13)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 39' 6 ", (2) approve a waiver to LDR Section 4.6.9(13)(2)(b), to reduce the required parking space width from 10' to 9', and (3) approve a waiver to LDR Section 4.6.9(d)(3)(a -b), to reduce the required driveway width from 20' to 18' at the point of access from North Swinton Avenue. 10 12/02/14 Jose Aquila, Currie Sowards Aquila Architects, 185 N.E. 4th Avenue, Ste. #101, Delray Beach, FL 33483, stated he is present for any questions the Commission has. Mayor Glickstein stated if anyone from the public would like to speak in favor or opposition of the waiver requests, to come forward at this time. There being no one else who wished to address the Commission, the public comment was closed. Deputy Vice Mayor Jarjura stated she supports the waiver requests. Vice Mayor Petrolia asked if the requirement is 24' or is it reducing the driveway width from 20' to 18'. Mr. Little stated it is reducing the driveway width from 20' to 18' and there are different criteria for different types of driveways. Mr. Little stated the maximum is 24 feet and noted this is 20 feet because it is a private driveway. With regard to waiver #1 Mr. Jacquet asked staff for clarification regarding the depth causing more visibility in and out of the alley. Mr. Little stated the alley improvements over time from 16 feet or 15 feet to 20 feet is to provide greater access for service and access for rear parking and greater visibility. Mr. Little stated the affective dimension is already there and should this property substantially improve at some point or change use they would be required to provide the same 2'6" dedication; if the 2'6" dedication was provided already it would be in compliance and there would be no need for a waiver. Mr. Little stated there are visible constraints. Mr. Jacquet stated he has expressed concern over visibility in the corners and has asked staff to provide him with a report especially where all the developments are going in the SOFA area with respect to visibility. Mr. Jacquet stated it is a huge concern when you drive in and out of the alleys and you cannot see left or right. In addition, Mr. Jacquet stated regular streets such as S.E. 2nd Street, when on S.E. 3rd Avenue headed south you have to get in the middle of the road in order to see oncoming traffic. Mayor Glickstein stated this is what we should be supporting in terms of adaptive reuse. Mayor Glickstein asked why we have a 10' width parking requirement off an alley if 9' is the City standard. Mr. Little stated it is because of the tight configuration of the alleys; in many cases the visibility is greatly constrained in the alleyways and access to be able to turn in and get into a wider space. 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 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. 11 12/02/14 9.B. WAIVER REQUEST /150 ANDREWS AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.14(B)(6), "Minimum 40' Sight Visibility Triangle ", to allow 25' sight visibility triangles at the intersections of Luke Lane and Andrews Avenue along Thomas Street whereas 40' sight visibility triangles are required for the Beach House of Delray located at 150 Andrews Avenue. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Dana Little, Director of Planning and Zoning, entered the Planning and Zoning project file #2014 -224 into the record. Mr. Little stated this is a waiver request for a site visibility triangle at 150 Andrews Avenue. The subject property is a 21,349 square foot (0.49 acre) parcel that contains an existing 12 -unit condominium building (Beach House of Delray) constructed in 1953. The development proposal is to remove the 12 -unit condominium and construct a three- story, six -unit fee simple townhouse project on the site. The proposal includes a continuous five foot (5') wide sidewalk along the adjacent rights -of -way and will include swimming pools, roof decks, and it disperses the garage entries to each of the three (3) adjacent right -of -ways so as not to overly impact any single street with garage entries or vehicular impacts. The site is currently zoned RM (Multi - Family) residential which is important to the site visibility triangle. Mr. Little stated the applicant is requesting a waiver from the required 40' site visibility triangles at the intersections of Luke Lane and Thomas Street and Thomas Street and Andrews Avenue. Mr. Little stated streets intersecting in single family areas or properties that are zoned single family when they intersect streets they are required to have a 25 foot visibility triangle; however, in the central business district the intersections are only required to have a 20 foot site visibility triangle. He stated these are small neighborhood streets; Andrews Avenue is more heavily traveled and surrounding the area are single family residences that have a 25 foot site visibility requirement. The applicant is requesting to get a waiver to allow for the twenty -five (25) foot site visibility triangles as not extending deeper into the project and impacting some of the garden walls and things that are proposed. The applicant is seeking relief from the forty (40) foot site visibility requirement to accommodate two (2) twenty -five foot (25) site visibility triangles at the two (2) intersections in question. Mr. Little stated the site visibility triangle is not for pedestrians on the sidewalk but are actually for the vehicles that are further out away from the property line. Mr. Little stated there has been a lot of discussion about architects and the development community about where the site visibility triangles should be measured from. At its meeting of October 22, 2014, in association with a Class V Site Plan, the Site Plan Review and Appearance Board (SPRAB) vote 7 to 0 to recommend approval to the City Commission to allow these twenty -five foot (25) sight visibility triangles at the intersections at Luke Lane and Thomas Street and Andrews Avenue. Staff recommends approval to allow the twenty - five foot (25) site visibility triangles at the intersections of Luke Lane and Thomas Street and Thomas Street and Andrews Avenue. 12 12/02/14 Richard Jones, Richard Jones Architecture and property owner with Seaside Builders, gave a brief presentation and stated this is a unique piece of property that is abutted by three rights -of -way and based on the setbacks and the LDRs for RM it equates to twenty -five foot (25) setback around all four (4) sides of the property. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to come forward at this time. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, stated he sees no good reason to do this and feels that everyone who buys a multi - family home knows the rules. There being no one else from the public who wished to address the Commission, the public hearing was closed. Vice Mayor Petrolia inquired about the intersection of the site visibility triangle hits Thomas Street. Vice Mayor Petrolia expressed concern over the lack of setback going onto Andrews Avenue versus the secondary street. Mr. Jones stated one of the benefits to the City is that there will be a new sidewalk that is going around the entire perimeter of the project. There was no cross - examination. The following individual gave a brief rebuttal: Mr. Jones reiterated that one of the benefits to the City is that there will be a new sidewalk that is going around the entire perimeter of the project. Mayor Glickstein stated one of the reasons the city has problems with visibility is because projects were approved on the basis of one -way streets that have now been converted to two -way streets. Mayor Glickstein stated the intersection at Andrews Avenue and Thomas Street is a very busy intersection with a lot of traffic. He stated if those were single family homes and the garages were on Andrews Avenue he would have greater concern because the garages are outside of those triangles in terms of cars pulling in and out. He noted there is a two -way stop sign traveling east /west on Thomas Street and the only place someone is going to be stopping is if you are traveling west on Thomas Street. He stated there is plenty of room for people to see the oncoming traffic as they pull up to the stop sign unlike the conditions in the downtown. Mayor Glickstein stated he supports the waiver because the sidewalks are a big improvement to the area and the proposed development is as well. Vice Mayor Petrolia supports the waiver request. Mr. Jacquet stated with respect to his concern about site visibility it is with both residential and commercial areas but mostly with commercial areas. However, Mr. Jacquet stated this area is mostly a single family residential area and the corner depicted by the photo site visibility is not a major concern. Therefore, Mr. Jacquet stated he supports the waiver request. 13 12/02/14 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). Deputy Vice Mayor moved to adopt the board order, 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. 9.C. CONDITIONAL USE REQUEST/DELRAY PRESERVE: Consider approval of a conditional use request to allow a multiple family residential development up to 22 units per acre (21.936 proposed) for Delray Preserve, located on the east side of North Federal Highway, south of Gulf Stream Boulevard and between the Kokomo Key Subdivision and Auto Nation Volvo Delray within the GC (General Commercial) zoning district. The development proposal involves the construction of 188 multiple family residential units within seven multiple family buildings. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has none since the last meeting where this was discussed. Vice Mayor Petrolia, Deputy Vice Mayor Jarjura, and Mr. Jacquet stated they have the same ex parte communications as disclosed the last time this was discussed. Mayor Glickstein stated he met with the applicant in the Planning Department and their project team once or twice, he has had some email communications with Mr. Osborn and he has communicated with the Florida Inland Navigation District (F.I.N.D.) representative. At this point, Mayor Glickstein stated one party is requesting party status that the Commission must rule on under the Quasi - Judicial rules in order to obtain party status the owner of property located within 500 feet of the subject property must make written request to the City's Planning and Zoning Department three (3) or more business days prior to hearing that satisfies certain criteria. Decisions as to party status shall be made by the Commission at the hearing. The City Attorney has advised of two (2) parties having met the requirement of party status: Peter Breton, Attorney with the Law Offices of Breton, Lynch, Eubanks & Suarez- Murias, P.A. for the Florida Inland Navigation District and Mr. Kevin Osborn. Mayor Glickstein moved to approve Party Status for Florida Inland Navigation District Counsel Peter Briton, Mr. Osborn's party status was already approved, seconded by Mr. Frankel. 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. Dana Little, Director of Planning and Zoning, entered the Planning and Zoning project file #2014 -067 into the record. Mr. Little stated the subject property is 8.568 acres and consists of portions of the Model Subdivision. The property is located within the North Federal 14 12/02/14 Highway Redevelopment Area and is zoned GC (General Commercial). He stated the site contained the former Delray Lost Drive in Swap Shop and the Second Chance Emporium. Mr. Little stated immediately to the east and adjacent to the site is an 11.5 acre dredge material management area owned by the Florida Inland Navigational District. In 2006, the City Commission approved two (2) conditional use requests for a stand- alone residential development called Village Park consisting of twelve (12) dwelling units per acre. Mr. Little stated the site plan was approved on May 24, 2006 by the Site Plan Review and Appearance Board (SPRAB) but was never built. At its meeting of July 1, 2014, the City Commission approved and LDR text amendment to increase the maximum allowable residential density for GC zoned properties that are within the infill Workforce Housing Overlay District from 18 dwelling units per acre to 22 dwelling units per acre. In addition, Mr. Little stated the City Commission also approved the Comprehensive Plan Amendment to increase the maximum allowable residential density in these areas to 22 dwelling units per acre to make the Future Land Use, the Comprehensive Plan, and the LDRs compatible and consistent. Mr. Little stated the City Commission granted those approvals with the following instructions at the time in July: (1) that the architecture be of a superior quality and (2) that the site be designed to reduce the massing of the 4 -story building on the adjacent residential neighborhood to the south. The applicant proposes to demolish the existing commercial structure and construct a 188 -unit multiple family developments up to 22 dwelling units per acre are considered conditional uses in the GC zoning district and are subject to the RM (Multiple Family Residential) zoning district regulations except for setbacks and height, which are subject to the GC zoning district regulations and are subject to multi - family residential regulations except for setbacks and height. Mr. Little briefly reviewed the architectural elevations and highlighted the current proposal for the F.I.N.D. access. At its meeting of August 14, 2014, the Community Redevelopment Agency (CRA) considered the development proposal and recommended approval of the conditional use with conditions that the building elevations and traffic concerns be met. At its meeting of October 20, 2014, the Planning and Zoning held a public hearing to hear the conditional use request before the Board (voted 4 tol, 1 absent and 1 vacant seat) to recommend approval of the conditional use request to the City Commission to allow for the freestanding multi - family development in the GC (General Commercial) zoning district subject to the conditions outlined in the staff report. Staff recommends approval of the conditional use request to allow for the free - standing multi - family residential subject to the eleven (11) conditions outlined in the staff report in addition with general compliance with sixty -seven (67) conditions that are identified in Exhibit "A" technical comments. Bonnie Miskel, Dunay, Miskel, and Backman, LLP, 14 S.E. 4th Street, Suite #36, Boca Raton, FL 33432, representing the applicant Zom Florida, stated staff has done a very thorough presentation and for clarification she will use her nine (9) minutes for her presentation and she is not using that time for her rebuttal or her cross - examination. Kevin Osborn, 621 Allen Avenue, Delray Beach, FL 33483, stated the developer met with him and two other colleagues to inform them what they were going to do but the one outstanding issue with the neighbor is the most important issue which is with F.I.N.D. Mr. Osborn stated the developer has not worked with F.I.N.D. or the 15 12/02/14 neighbors. Mr. Osborn stated when F.I.N.D. offloads it is about 5,000 trips taking six months of 60,000 pound loaded dump trucks over in between in the current plan a community where there are cars parked, kids running around, and pedestrians over speed bumps. Mr. Osborn asked if this is unobstructed and commented about the safety concerns for those parked cars and those pedestrians. Mr. Osborn stated F.I.N.D. is a good neighbor and they have stated that they would not run dump trucks 24/7 during their offloading; however, that would be their norm and if they go to a reduced schedule that is an increase of taxpayer dollars. Mr. Osborn stated he will support the conditional use provided that the Commission add the following two (2) conditions: (1) total footprint of all 4 -story buildings shall not exceed 21,000 square feet, (2) Any 4 -story building shall be a minimum of 400 feet due east from the east most point of Federal Highway. Mark Crosley, Executive Director of the Florida Inland Navigation District (F.LN.D.), 1314 Marcinski Road, Jupiter, Florida 33477 -9498, stated they are not opposed to the project; however, they are concerned with the access easement. Mr. Crosley stated they have not been approached by the applicant with anything that is satisfactory and commented about what has been displayed tonight about their access coming through the entire development and then traveling north to south and then west to east is correct then this increases their concern. Mr. Crosley stated they have been trying to work with the applicant to get some dedicated access and he would like to get this resolved. Mayor Glickstein stated if anyone from the public would like to speak about the conditional use, to come forward at this time. Charles Bonfield, S.A.F.E., 200 MacFarlane Drive, Delray Beach, FL 33483, stated there were thirteen (13) conditions that the developer agreed to do and that shows a good community and corporate citizen and North Federal Highway desperately needs to be developed. Also, Mr. Bonfield thanked the City Commission for approving the HPD ped /bike item. For the record, Ms. Miskel clarified that the original Lennar Village Park approval was for 17.8 dwelling units per acre. Ms. Miskel stated they have met since the beginning of the year and there were at least 2 dozen people here at one point who was concerned from various neighborhoods including Kokomo Key. Ms. Miskel stated the site plan is a condition to their approval so they have no problem committing to that site plan. She stated this easement was granted years ago and is something that the neighbor committed to. Ms. Miskel read the pertinent provisions into the record. She stated they attempted to offer an alternative which would have been an exclusive easement on the north side of their property next to the Volvo property but they could not give them thirty (30) feet which the easement requires. Ms. Miskel stated if they would have agreed to one -way use and they would provide flag people (during daylight hours) to manage that then they would have given them exclusive use but that was not acceptable to them. She stated the really want an exclusive use on the north side or south side of the property that they do not have to share. However, Ms. Miskel stated to do that they would lose what their commitment was to Kokomo Key which was to give them as much space on the south side of the property as a buffer to the residential use. She stated on the south end of 16 12/02/14 the property there is approximately 85 feet between their building and their property line and about 135 feet from their building to their nearest building. Ms. Miskel stated they wish to relocate their existing easement (in blue) to the yellow which complies fully with the easement document, they will give them the 30 feet and it is within the cross hatched area and if complies. She stated her client would in no way jeopardize the safety of the residents or guests on their site. Ms. Miskel stated when there is activity on their site they will hire at their clients expense dedicate personnel at the locations shown that will manage and control all access through the site to avoid any conflicts between their trucks and their community. In addition, Ms. Miskel stated also included in their plan they have expanded the width of the driveway on that side of the site to 30 feet in an effort to provide additional visibility. There was no cross - examination from Mr. Little or Mr. Osborn. Ms. Miskel waived her cross - examination right. Mr. Crosley gave a brief cross - examination. At this point, Ms. Miskel came forward to answer questions of Mr. Crosley. At this point, Mr. Little this proposed easement (shown in yellow on the slide) is new. Ms. Miskel stated what the Commission is looking at complies with the terms of the easement as far as they are entitled to thirty (30) feet because they need to have clear access from the point of entry to the point of their parcel; the parking is outside of that driveway area and the parking will not encroach in any way. Ms. Miskel stated this complies with what was committed to years ago and reiterated that they agree to provide at those locations of at least four (4) flag people during their activity hours (daylight hours) at those locations to manage and control the flow of traffic. Mr. Little gave the following rebuttal: Mr. Little stated without he or Mr. Pape realty being able to examine this he suspects there will be some ripple effect. Mr. Osborn gave the following rebuttal: Mr. Osborn stated Ms. Miskel commented that if the developer was to give a dedicated access path to the north F.I.N.D. that they would have to further encroach upon Kokomo Key. Mr. Osborn stated this is not the only thing; there are other possibilities. Mr. Peter Breton gave the following rebuttal: Mr. Breton stated there are legal issues and practical safety issues that are being addressed and noted there are over 100 parking spaces on the proposed easement that back directly into the path of the passing traffic. Mr. Breton stated there is going to be two -way traffic of the dump trucks and having flag people there is not going to be 17 12/02/14 adequate because residents will be coming and going with heavy loaded dump trucks going in both directions. Mr. Breton stated if you isolate this truck traffic to the north side of the property as proposed they are not sticking to a strict 30 foot width but the width that was offered was a one -way only 12 -foot wide exclusive easement; it needs to be wide enough to accommodate two -way truck traffic. Ms. Miskel gave the following rebuttal: Ms. Miskel stated it is in F.I.N.D's best interest for them to ask the City to change the scope of the easement from a non - exclusive to an exclusive; however, this is not the City's jurisdiction. Ms. Miskel stated the current easement is in compliance with respect to the Lennar Plan and noted there was access on both the north side and the south side; it was twice the impact than it is on their Plan. Ms. Miskel stated there were no commitments on this Plan to have any safety management or staffing yet they are committing to do that. Ms. Miskel stated they do not have the space to give them a 30- foot non - exclusive easement and for the number of trips that F.I.N.D. is talking about, the City deals with far more Waste Management trucks on city streets without incident every week, every day, and every year than what they are asking them to do for their benefit. Ms. Miskel stated they believe that they have accommodated the concerns. Vice Mayor Petrolia commented about the new route and asked if this is more beneficial or is it still not acceptable. Mr. Crosley stated it is more preferential that the less traffic that their trucks and heavy equipment have to impede upon the development would be more desirable. Brief discussion between Vice Mayor Petrolia and Mr. Crosley followed about the definition of "unobstructed ". Vice Mayor Petrolia inquired about the daylight hours. Mr. Crosley stated this is part of the easement language and F.I.N.D. is only able to do it in daylight hours; however, it does increase their cost but it was previously agreed to. The City Attorney stated the City Commission is being asked to do now is to consider whether or not to allow a conditional use and City Commission will use the following two (2) criteria to decide whether or not to grant or deny the conditional use: (1) does it have a significantly detrimental effect on the stability of the neighborhood within which it will be located, (2) does it hinder development or redevelopment of nearby properties. Secondly, the City Attorney stated can and should the City Commission factor in the terms of a private easement with respect to the issue of conditional use. The City Attorney stated from a legal perspective and given the parameters of tonight's hearing on a conditional use, he is struggling legally to see a way where the City Commission can evaluate this private easement in connection with the two (2) criteria he read to the City Commission. Furthermore, the City Attorney stated the conditional use that the City Commission is being requested to determine today in Mr. Little's opening remarks, normally because this is GC (General Commercial) it would require both commercial and residential and the conditional use the City Commission is being asked to consider tonight is exclusively residential. Deputy Vice Mayor Jarjura stated what the applicant presented tonight in terms of where he is suggesting for the easement to be should have been presented to 18 12/02/14 F.I.N.D. and staff ahead of tonight. Secondly, Deputy Vice Mayor Jarjura stated if the applicant wanted uses limited to commercial only, then it should have been in the original easement that they did not want residential. She stated speed bumps are for safety they are not unobstructed. Deputy Vice Mayor Jarjura stated they do not have an exclusive easement. Deputy Vice Mayor Jarjura stated she respects that the development has been moved to the north to accommodate the neighbors to the south. Deputy Vice Mayor Jarjura asked Ms. Miskel to review the changes of the design of the project that were made. At this point, Ms. Miskel briefly reviewed the changes to the design of the project. Deputy Vice Mayor Jarjura asked the applicant how many times is this easement used by F.I.N.D. Mr. Crosley stated they will use the easement to access their property on a continual basis but the offloading of the site could occur as frequently as every seven (7) years or so that is just with their anticipated use of the Intracoastal Waterway. Mr. Crosley stated F.I.ND. anticipates that anyone that needs to do any dredging in the future that their sites are going to be the only sites that are available and there will be increased public pressure for the use of their facilities. Deputy Vice Mayor Jarjura asked if there are any limitations on how many times a year they are able to use this easement. Mr. Crosley stated the only restriction that they are aware of that has been discussed tonight is providing flag people during daylight hours. Deputy Vice Mayor Jarjura asked if the easement provides for whether or not parking spaces or drives were allowed to be on the boundaries of the 30 -foot easement. Mr. Breton stated it did not; at the time it was negotiated in 1996 it was a commercial drive -in and swap shop property. Deputy Vice Mayor Jarjura asked if there were parking spaces around the easement when it was a drive -in. Mr. Breton stated he does not believe it was. Mr. Crosley stated they anticipated that the property would be commercial. Charles Bonfield, S.A.F.E., stated that was reduced from $150,000.00 to $50,000.00 for a PedBike Coordinator. Mr. Jacquet stated with respect to the two (2) criteria from the LDRs that the City Attorney pointed out, he would answer in the negative and is ready to move forward. Prior to the vote, Mayor Glickstein stated this needs language that gives the City broad latitude in terms of any kind of safety requirements and traffic management requirements; F.I.N.D. has offered a minimum of four (4) flag people. Mayor Glickstein stated he thought it would be more expansive and broad and asked if F.I.N.D. would have to submit an MOT Plan for this if there are several trucks moving in and out of the site. Mr. Krejcarek stated the more personnel that is available on the site in more locations the better. Mayor Glickstein stated that would be City discretion under that indemnification. The City Attorney stated indemnification is one issue; their obligation on private property provides safety flagmen is another issue. Mayor Glickstein stated he does not want this limited to four (4) flagmen; he would like it open ended. Ms. Miskel stated they agree to submit MOT Plan for the movements on site as well as what would be required on Federal Highway and they will submit it to Randal Krejcarek for his review and approval. 19 12/02/14 After brief discussion, Mayor Glickstein stated he supports the project because North Federal Highway needs something and this is but one of what hopefully will be other catalyst in that area. 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). Prior to the vote, Mayor Glickstein stated this needs language that gives the City broad latitude in terms of any kind of safety requirements and traffic management requirements; F.I.N.D. has offered a minimum of four (4) flag people. Mayor Glickstein stated he thought it would be more expansive and broad and asked if F.I.N.D. would have to submit an MOT Plan for this if there are several trucks moving in and out of the site. Mr. Krejcarek stated the more personnel that is available on the site in more locations the better. Mayor Glickstein stated that would be City discretion under that indemnification. The City Attorney stated indemnification is one issue; their obligation on private property provides safety flagmen is another issue. Mayor Glickstein stated he does not want this limited to four (4) flagmen; he would like it open ended. Ms. Miskel stated they agree to submit MOT Plan for the movements on site as well as what would be required on Federal Highway and they will submit it to Randal Krejcarek for his review and approval. Mayor Glickstein moved to adopt the Board Order (approving the conditional use) subject to indemnification and hold harmless regarding traffic management and safety concerns that any material changes to the size and location to the 4 -story building would not be handled administratively subject to City approval, 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. 9.D. RESOLUTION NO. 66- 14/EAGLE METAL PRODUCTS: Consider approval of Resolution No. 66 -14; approving the Eagle Metal Products in the amount of $39,680.00, to remove rust and make repairs the 100' Holiday Tree once it is taken down; 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. Funding is available from 001 - 3431 -519 -46.10 (General Fund: Repair & Maintenance ServicesBuilding Maintenance). The caption of Resolution No. 66 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF RUST REMOVAL AND STRUCTURAL REPAIRS FOR THE 100' HOLIDAY TREE FROM EAGLE METAL PRODUCTS; DECLARING BY A FOUR - FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE 20 12/02/14 METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 66 -14 is on file in the City Clerk's office.) Suzanne Davis, Director of Parks and Recreation, stated this item is regarding per Chapter 36, Section 36.02, "Methods of Acquisition ", Section (11), "Best Interest Acquisitions" to Eagle Metal for repair of the 100' Holiday Tree in the amount of $39,680.00; $20,000.00 has been committed from the DDA for the repair and there is additional funding in the Building Maintenance/Public Works account. Vice Mayor Petrolia inquired about the cost of the repairs last year. In response, Mr. Krejcarek stated the repairs were approximately $24,000.00 and noted that Eagle Metal has been doing this for many years and what they have done in the past is every year they do an inspection and based on the inspection they have to do some maintenance work to take care of the rust areas. The Interim City Manager stated it is usually taken down and stored and the repairs are done later; it does not sit there and continue to rust for months. Deputy Vice Mayor Jarjura asked if there is a reason the City does not bid the repair work out. Mr. Krejcarek stated last year was the first year that the City has incurred the expense of the maintenance of the tree. He stated last year when the tree was taken down staff invited three (3) contractors to inspect it and do the work the City is asking for. Mr. Krejcarek stated the only price was from Eagle Metal. Mayor Glickstein stated an option would be to approve this up to the amount of $39,680.00 and between now and when the disassembly of the tree occurs is see if staff can obtain other prices to fix it. Deputy Vice Mayor Jarjura suggested that this be publicly noticed on Demand Star or likeminded procurement. Mr. Frankel moved to approve Resolution No. 66 -14 approving the Eagle Metal Products in the amount of $39,680.00, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — No; Mayor Glickstein — No; Vice Mayor Petrolia — No; Mr. Jacquet — Yes. Said motion was DENIED with a 3 to 2 vote, Mr. Frankel and Mr. Jacquet dissenting. Marjorie Ferrer, Downtown Development Authority (DDA), stated the tree was purchased from Parrot Jungle and was 12 years old and had sat in a yard threw Hurricane Andrew. The DDA negotiated and rented to buy for the first two (2) years with 50 feet and then bought the 100 feet for $80,000.00. Ms. Ferrer stated Parrot Jungle paid $250,000.00 approximately 35 years ago and to replace the tree at today's value is $1 million. 21 12/02/14 Brief discussion between Ms. Ferrer and the City Commission followed. After brief discussion, Deputy Vice Mayor Jarjura moved to approve to reconsider, 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; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Deputy Vice Mayor Jarjura suggested that next time this comes before the City Commission that the backup be a little more comprehensive as well as an internal inspection since there is time before Christmas to make sure the City concurs with the necessary $39,680.00, seconded by Mr. Jacquet. 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. 9.E. APPROVAL OF A BID AWARD TO MOWREY ELEVATOR AND TO TERMINATE AN AGREEMENT WITH ORACLE ELEVATOR: First motion to consider approval of bid award to Mowrey Elevators (Bid No. 2014 -35), the second lowest bidder, in an amount not to exceed $65,000.00 annually for maintenance and repair of elevators within City facilities. Contingent upon approval of a bid award to Mowrey Elevator, a second motion to approve a termination of a Standard Form of Agreement with Oracle Elevator. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method ". Funding is available from various departments. Randal Krejcarek, Director of Environmental Services, stated this item is for annual elevator maintenance and staff recommends approval to Mowrey Elevators, the second lowest bidder. Mr. Krejcarek stated the first part of the bid has to do with the annual maintenance; Oracle had a lower bid by approximately $750.00 on the annual maintenance; however, the second part of the bid had to do with the hourly charge for work to be done other than the regular maintenance. He stated Oracle's hourly charge was $100.00 more than Mowrey Elevators. Mr. Krejcarek stated last year the City performed an additional 120 hours in addition to the monthly maintenance and noted the $12,000.00 that the City would be saving under the 120 hours far exceeds the additional $750.00 the City would be paying on a monthly basis. Therefore, Mr. Krejcarek stated staff recommends approval to the second lowest bidder Mowrey Elevators. Mr. Frankel moved to approve the bid award to Mowrey Elevators (second lowest bidder) and to terminate an agreement with Oracle Elevator, 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. 9.F. APPROVAL OF AN EMPLOYMENT AGREEMENT WITH DONALD B. COOPER: Consider approval of an employment agreement with Donald B. Cooper for the position of City Manager of the City of Delray Beach. 22 12/02/14 The City Attorney highlighted the key terms of the employment agreement with Donald B. Cooper for the position of City Manager of the City of Delray Beach. Vice Mayor Petrolia moved to approve the employment agreement with Donald B. Cooper, seconded by Deputy Vice Mayor Jarjura. 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.G. NOMINATION FOR APPOINTMENT TO DOWNTOWN DEVELOPMENT AUTHORITY: Nomination for appointment of one (1) regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2017. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat #1). Commissioner Petrolia moved to nominate Mark Denkler as a regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2017, 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. 10. PUBLIC HEARINGS: A. None 11. FIRST READINGS: 1LA. ORDINANCE NO. 32 -14: Consider adopting a small -scale future land use map amendment from GC (General Commercial) to LD (Low Density Residential 0- 5 du /ac), pursuant to the provisions of the "Community Planning Act ", Florida Statutes Section 163.3187, for a parcel of land located on the south side of S.E. 4th Street, 87.60 feet east of S.E. 6th Avenue, as more particularly described herein, and rezoning and placing said land presently zoned GC (General Commercial) District to R -1 -AA (Single Family Residential) District; amending "Zoning Map of Delray Beach, Florida, January 2012 ". If passed, a public hearing will be held on January 6, 2015. The caption of Ordinance No. 32 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) TO LD (LOW DENSITY RESIDENTIAL 0 -5 DU /AC), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR 23 12/02/14 office.) A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SE 4TH STREET, 87.60 FEET EAST OF SE 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO R -1 -AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance no. 32 -14 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Mr. Frankel moved to approve Ordinance No. 32 -14 on FIRST Reading, 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; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 1LB. ORDINANCE NO. 36 -14: Consider a privately initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for ZNT Delray located on the west side of S.E. 5th Avenue between S.E. 6th Street and S.E. 7th Avenue. If passed, a public hearing will be held on January 6, 2015. office.) The caption of Ordinance No. 36 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF SE 5 tH AVENUE, BETWEEN SE 6TH STREET AND SE 7TH STREET (600 SE 5TH AVENUE), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, DATED SEPTEMBER, 2014;" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36 -14 is on file in the City Clerk's 24 12/02/14 The City Attorney read the caption of the ordinance. Mr. Frankel moved to approve Ordinance No. 36 -14 on FIRST Reading, 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. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager Terry Stewart, Interim City Manager congratulated and wished Mr. Donald Cooper well on his newly elected position as City Manager. 12.B. City Attorney None. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel requested a status update on E- Cigarettes. In response, the City Attorney stated he will present a draft ordinance to the City Commission at their January 6, 2015 meeting. Secondly, Mr. Frankel stated last night he drove down Atlantic Avenue and there were numerous cabs taking up parking spots. Lastly, Mr. Frankel stated Delores Rangel spear -heads the Project Holiday and is organizing the packing of the boxes for the military on Sunday, December 7, 2014. Mr. Frankel stated she does a great job and is looking for donations (561- 243 - 7010). Mayor Glickstein stated the cab issue is getting out of control and he echoed comments expressed by Commissioner Frankel and stated there has to be a solution to this because there are more cabs now than regular cars at certain times. The Commission stated they had previous discussion about having a permit requirement and mirroring Palm Beach County. Mayor Glickstein stated he would like clarification on this issue because whatever the City has in place now is not working. 12.C.2. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura stated she would like staff to look at updating the City's website and feels it will alleviate some of the issues with public records requests. She stated in compliance with public records many of the documents the City has should be available online (i.e. Advisory Boards) with agendas, backup, results of their meetings and their minutes just like it is set up for the City Commission. There are 25 12/02/14 some pages that are up -to -date and some pages that have documents on there from several years ago and she feels this is confusing to a user because they think it is up -to- date because certain documents are updated and some are not. Deputy Vice Mayor Jarjura stated if it is not up -to -date and not user friendly then the City is missing out on a real opportunity for communication with the residents and businesses. In addition, Deputy Vice Mayor Jarjura stated the CRA and the Economic Development should be part of the City's website as well because there needs to be more connectivity between the CRA and the City Commission since it is under the umbrella of the City. She would like to see this going forward starting with the branding on the City's website. Mayor Glickstein asked if the City's website work is done internally or is it done by a third party. The Interim City Manager stated the creation and repairs to the website is done externally and putting information to the website i.e. content is done internally. 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia asked if the City has a Grant Writing Specialist or is it each department is on its own. The Interim City Manager stated there are individuals that work for the City who handle writing grants; however, we do not have an individual specialist that would handle all the grants for the City. The Interim City Manager stated Community Improvement is where most of the grant writing is done. Vice Mayor Petrolia stated Artists Alley, Human Powered Delray, Housing issues, development, start- ups, alleyways, beaches, parks, and the Arts Garage could be benefitting from grant writing and feels if the City does not have one person specializing in that the City is potentially missing out on a lot. Secondly, Vice Mayor Petrolia stated the parking queue on 2nd Avenue (in front of Solita's) backs up so far into Atlantic Avenue that it actually blocks Atlantic Avenue when it is really busy. She suggested moving that parking queue down further towards where the bowling alley was supposed to be and that would help to resolve a tremendous amount of that backup. With regard to the beach cabanas, Vice Mayor Petrolia stated she has received several comments about people smoking on the beach is part of the litter problem. She stated the beach is supposed to be quarantined off to certain areas as per smoking which would eliminate quite a bit of the problems as far as the litter (i.e. cigarette butts) being everywhere. Also, Vice Mayor Petrolia stated there are no beach cabanas. The Interim City Manager stated the cabana contract was originally approved in January 2014. In March 2014, there was an amendment and there was some discussion about what the number of pieces of equipment meant and it was decided that there would be 250 groupings rather than 250 individual pieces. He stated when the contract was re- written the identified pieces that could be on the beach did not include cabanas. The Interim City Manager stated staff is working with the City Attorney and at 26 12/02/14 the request of the current vendor who wants to put the cabanas on the beach, staff is trying to work through the language that would create an amendment that will be brought to the Commission to approve it so that the City will have a legal standing to have the cabanas on the beach. The Interim City Manager stated he suspects that staff will have this to the City Commission either the first or second meeting in January 2015. Vice Mayor Petrolia stated the City should be providing the beach cabanas and expressed concern with the winds blowing the sand that no one will be using the equipment. The Interim City Manager asked the City Commission if they would like staff to amend the upcoming agenda for December 9m and add the beach cabana amendment. With regard to the beach cabanas, Mr. Frankel requested a list of people who have complained as part of the backup if possible. 12.C.4. Mr. Jacquet Mr. Jacquet stated November 25, 2014 the Marie Louis Community Foundation, Inc. held community turkey give -a -way at Barwick Park. He stated every year this organization along with many organizations within that community hold turkey give -a -ways and toy drives for the children especially in the Haitian - Ameri can churches. On November 24, 2014 there was another turnkey give -a -way at Pompey Park where members of the Hudson Holdings Group (with Tax USA) and a non - profit group called the Guiding Light Foundation were present and gave away over 200 turkeys to families in need. Mr. Jacquet stated Sunday, November 30, 2014 he had the pleasure of traveling with approximately 24 students from around Delray Beach. He stated EJS (Emmanuel Jackson Senior) Project is an organization in Delray Beach that takes students from the community but travels with them to give them exposure and to also teach them the business side of sports. Stewart. Mr. Jacquet stated it has been an honor and a pleasure working with Mr. Lastly, Mr. Jacquet welcomed the new City Manager Mr. Cooper. 12.C.5. Mayor Glickstein Mayor Glickstein stated he met with Dana Little and Jeff Costello with a group of the artists from Artists Alley to update them on where things stand. Mayor Glickstein stated it appears that the window of opportunity for the City to do something in any kind of acquisition will be post foreclosure which is expected to be the end of February 2015. Lastly, Mayor Glickstein requested that the timers get repaired. 27 12/02/14 At this point, City Manager Donald Cooper thanked the City Commission for the opportunity to be a part of Delray Beach and the exciting challenges. In addition, Mr. Cooper recognized Mr. Noel Pfeffer, City Attorney (who received the highest compliment from his attorney who was the City Attorney for 30 years) and thanked Mr. Terry Stewart for being so gracious and helpful. Mr. Cooper expressed his appreciation and wished everyone a Happy Holiday season. There being no further business, Mayor Glickstein declared the meeting adjourned at 9:29 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 2, 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. 28 12/02/14 KISE1 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 202 N. SWINTON AVENUE 1. These waiver requests came before the City Commission on December 2, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 202 N. Swinton Avenue. 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 4.6.9(D)(2)(b) Pursuant to LDR 4.6.9(D)(2)(b), access which conforms with minimal aisle standards and which includes a maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42 feet and a minimum width of ten feet and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley. 1. Depth: The applicant is requesting relief to reduce the required depth from 42 feet to 39 feet 6 inches. City Commission Meeting of 12- 02 -14; Item 9.A. Should the waiver to Section 4.6.9(D)(2)(b) to reduce the minimum depth of alley and parking spaces from 42 feet to 39 feet 6 inches be granted? Yes 5 No 0 2. Width: The applicant is requesting relief to reduce the required parking space width from 10 feet to 9 feet. Should the waiver to LDR Section 4.6.9(D)(2)(b) to reduce the parking space width from 10 feet to 9 feet be granted? Yes 5 No 0 B. Waiver to LDR Section 4.6.9(D)(3)(b) Pursuant to LDR Section 4.6.9(D)(3)(b), the point of access to a street or alley shall not be less than 24 feet for a normal two -way private street or parking lot driveway aisle. The applicant is proposing a point of access with a width of 18 feet from North Swinton Avenue. Should the waiver to Section 4.6.9(D)(3)(b) to reduce the point of access width from 24 feet to 18 feet be granted? Yes 5 No 0 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. 2 City Commission Meeting of 12- 02 -14; Item 9.A. 5. Based on the entire record before it, the City Commission approves ✓ denies these waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2nd day of December 2014, by a vote of 5 in favor and 0 opposed. ATTEST: Cary 4G<jEk' e in, Mayor Chevelle Nubin, City Clerk 3 City Commission Meeting of 12- 02 -14; Item 9.A. 2014_ 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 REQUEST FOR "150 OCEANSIDE" AT 150 ANDREWS AVENUE 1. These waiver requests came before the City Commission on December 2, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 150 Oceanside at 150 Andrews Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.14(6)(6) Pursuant to LDR Section 4.6.14(6)(6), sight visibility triangle requirements for the area of property located at a corner formed by the intersection of two or more public rights -of -way are 40 feet. The applicant is requesting that sight visibility triangle requirements for this intersection be reduced to 25 feet. Should the waiver to Section 4.6.14(B)(6) to reduce the sight visibility triangle requirements from 40 feet to 25 feet be granted? Yes 5 No 0 1 City Commission Meeting of 12- 02 -14; Item 9.13. 3. The City Commission has applied the Comprehensive Plan and I_DR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies these waiver requests. E. Based on the entire record before it, the City Commission hereby adopts this Order this 2nd day of December 2014, by a vote of 5 in favor and 0 opposed. ATTEST: Cary D. Glick in, Mayor Chevelle Nubin, City Clerk 2 City Commission Meeting of 12- 02 -14; Item 9.13. 2014. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR DELRAY PRESERVE MULTI - FAMILY RESIDENTIAL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request came before the City Commission on December 2, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request to allow free - standing multiple family development in the GC (General Commercial) zoning district up to 22 dwelling units per acre (21.94 dwelling units per acre proposed) located on the east side of Federal Highway, approximately 460 feet north of Allen Avenue (2001 and 2101 North Federal Highway) at the site of the former Delray Lost Drive In Swap Shop and Second Chance Emporium. All of the evidence is a part of the record in this case. Required findings are made in accordance with Sections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan— Future Land Use Element Objective A -1: This objective requites that the property be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Is Future Land Use Element Objective A -1 met? Yes 5 No 0 b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a City Commission Meeting of 12- 02 -14; Item 9.C. Future Land Use Map designation of GC (General Commercial.) and is zoned GC (General Commercial). Is the project's proposed location consistent with the Future Land Use Map? Yes 5 No 0 C. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan inust be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes 5 No 0 d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes 5 No 0 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) _Required Findings (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission must determine that the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. 2 City Commission Meeting of 12- 02 -14; Item 9.C. Are the requirements of Section 2.4.5(E)(5) met? Yes 5 No 0 b. Increase in Density: Pursuant to LDR Section 4.4.6(1)(1), in order to increase a project density as requested beyond six (6) units per acre, the City Commission must make a finding that the development substantially complies with the performance standards listed below: i. The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network, This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to ininimize through traffic and keep speeds within the development at or below 20 m.p.h. ii. Buildings are placed throughout the development in a manner that reduces the overall massing and provides a feeling of open space. iii. Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape mater'als along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks ate increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall, or fence is provided as a visual buffer between the properties. IV. The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi. -- family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches; porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. V. A number of different unit types, sizes, and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi - family housing will at a minimum have a nix of one, two, and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. 3 City Commission Meeting of 12- 02 -14; Item 9.C. vi. The development is designed to preserve and enhance existing natural areas and /or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. vii. The project provides a convenient and extensive bicycle /pedestrian network, and access to available transit. Does the development substantially comply with the performance standards described in Section 4.4.6(I)(1)? Yes 5 No 0 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. 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 and testimony of experts and other competent witnesses supporting these findings- 6. Based on the entire record before it, the City Commission approves ✓ 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 2nd day of December, 2014, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk 0 Cary D. Glic stein, Mayor City Commission Meeting of 12- 02 -14; Item 9.C. EXHIBIT A TOTEM CONDITIONAL USE REQUEST FOR DELRAY PRESERVE 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff report. 2. That the applicant seeks to extend the landscape island at the southern driveway into the Federal Highway right -of -way. 3. That the paved strips be raised to address vehicle speeds. 4. That the two paths in the nature preserve be mulched, or a pervious ADA compliant material such as Flexi -pave be installed. 5. That a temporary irrigation system be used during the establishment period of the nature preserl, C. 6. That a bus shelter is installed along Federal Highway. 7. That a CCTV camera be provided at the pool /cluhhouse area. S. That the applicant executes a restrictive covenant that delineates the operation of the workforce housing program. 9. That a finding of concurrency be submitted from the Palm Beach County School District. 10. That a minimum of a 5 -foot front setback be provided along Federal Highway. 11. That paved access is provided to the FIND parcel. 5 City Commission Meeting of 12- 02 -14; Item 9.C. DECEMBER 9, 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, December 9, 2014. 1. Roll call showed: Present- Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel (arrived at 6:15 p.m.) Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - Also present were - None Terry Stewart Interim Ci • . ' • ®MILK ®® ® ® ® ®® ® ® ® ® ®® ® ® ® ®® 2. The opening prayer was delivered by Chaplain Anthony Cuseo. Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote Vice Mayor Petrolia moved to approve the Minutes of the Regular Meeting of July 1, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 4 to 0 vote. 12/09/14 6. PROCLAMATIONS: 6.A. None 5. PRESENTATIONS: 5.A. Spotlight on Education — American Heritage Mr. Robert Stone, Headmaster at American Heritage, stated each year over 3' /z million high school students take the National Merit Scholarship Qualifying Test known as the PSAT. Mr. Stone stated this year they have the highest number of national merit semi - finalists and they are the number one high school in Palm Beach County for national merit scholars. He stated there are several different categories; 15 national merit semi - finalists, nine (9) commended scholars, six (6) national Hispanic scholars, and three (3) national achievement scholars. Mr. Stone introduced the following semi - finalists in the National merit Scholarship Qualifying Test. Mr. Stone thanked Mr. Ray Dass, Founder and President of New England Prep and his top assistant who works with these students. Mr. Stone stated American Heritage just finished the State Football Championship and although they lost in the Citrus Bowl but they received a silver medal. 5.B. Presentation by Sister Cities' Student Ambassadors: Julia Duca, Alexandra Edoff, Christian Hoffman , Luna Jean, Kelli McCourt, Teagan Murphy and Leah Stephens Mayor Glickstein introduced the following the Sister Cities' Student Ambassadors who spoke about their recent trip Miyazu, Japan. Representing Delray Beach, Atlantic High School and American Heritage School of Delray are: Julia Duca, Alexandra Edoff, Christian Hoffman, Luna Jean, Kelli McCourt, Teagan Murphy and Leah Stephens and their chaperones Pastor Tony Durante and Nancy King. Former Mayor David Schmidt stated in addition to the student trip this year in October he had the opportunity to travel to Miyazu, Japan along with Alyona Ushe from the Arts Garage, Joe Gillie from Old School Square, Todd L'Herrou from the Delray Beach Chamber of Commerce, and Jimmy Mihori to represent the City at Miyazu's 60m Anniversary Celebration and also in attendance were representatives of their other sister cities of Nelson, New Zealand and Qingdao, China. Mr. Schmidt stated while they were there the Mayor of Miyazu put together a friendship agreement between the four (4) cities to promote friendship between them. In addition, Mr. Schmidt recognized the Sister Cities Selection Committee that helped select these students because the two American Heritage representatives were two of the students that received the awards tonight. Leah Stephens, Senior at Atlantic Community High School introduced the Sister Cities' Student Ambassadors and gave a brief PowerPoint presentation of the Sister Cities Student Ambassador Program. 2 12/09/14 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 inquiry about the overstock of garbage carts, the Interim City Manager stated the inventory of garbage carts has run out and the City Commission approved a bid award to Otto Environmental for the purchase of garbage carts and the City will put the carts back out on the street again. 6.11. From the Public. 6.11.1. Patrick Halliday, Board Member for Human Powered Delray (HPD) and President of the Delray Beach Bicycle Club, stated the membership of the Delray Beach Bicycle Club has increased. Mr. Halliday expressed concern over the safety of pedestrians along Atlantic Avenue in the evenings because of the restaurants not adhering to the five foot (5') right -of -way. Mr. Halliday expressed concern that couples or individuals in wheelchairs who are walking down Atlantic Avenue to enjoy the downtown cannot get around the tables and chairs or the waiters and the people. Mr. Halliday stated he has witnessed people having to step off the sidewalk and having to walk in the street. He stated for the protection and safety that the City enforce the right - of -way on the sidewalks in the evening for people to be able to safely walk downtown. Mr. Halliday stated he and other members of HPD would volunteer to go out with a committee at night (and during the day as well) to help the city. 6.11.2. Chuck Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, commended Mr. Stewart for treating him with respect and dignity and how he has responded to his requests. Mr. Ridley stated it has been a pleasure to work with Mr. Stewart and wished him all the best. 6.11.3. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, echoed the sentiments of Mr. Ridley regarding Mr. Stewart. Ms. Morrison spoke in favor of Item 1LA., 9.A., and 9.1). and stated she supports and thanked the City for giving points in the bid process for local businesses particularly the car dealerships. She thanked the City Commission for supporting the local enterprise. 6.11.4. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated she will miss Mr. Stewart. Secondly, Ms. Moody briefly spoke about the decisions the City Commission has made over the last year. In addition, Ms. Moody stated the City staff should not be thinking 5 -6 years down the road but should instead be thinking about now. Ms. Moody welcomed the new City Manager Mr. Donald Cooper. 3 12/09/14 Lastly, Ms. Moody wished everyone a Merry Christmas, Happy Hanukkah, and a Happy New Year. 6.B.5. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 (Chairman of S.A.F.E.), urged the City Commission to approve a resolution supporting State Senator Maria Sachs' Bill putting a prime offense on the text driving law in the State of Florida. He stated 34 other states in the nation have this law and it is protecting the lives of innocent victims. Mr. Smith stated the National Safety Council estimates that at least 200,000 crashes per year in the United States are caused from texting and driving. He urged the City to forward the approved resolution to the Governor, the Senate President, the Speaker of the House and the League of Cities with the request that the League contact all of their cities and ask that each city approve a similar request. Mr. Smith provided a copy of the companion bill filed by Representative Rick Stark and stated Maria Sachs' office is happy to assist City staff with the wording of the resolution. Secondly, Mr. Smith stated S.A.F.E. is working on prioritizing their citywide LDR resolutions, prioritizing them and creating a tracking system so that they can give periodic reporting. He stated S.A.F.E. will be meeting with City staff in January 2015 and will be providing the City Manager with an update. Mr. Smith noted that two (2) of S.A.F.E.'s recommendations are eliminating the sidewalk waivers and by getting those sidewalks clear space, pedestrians can walk freely down the street. Secondly, Mr. Smith thanked Mr. Stewart for doing a great job in supporting the efforts of S.A.F.E. and HPD and wished him well in his future endeavors. Lastly, Mr. Smith wished everyone a Happy Holiday. 6.B.6. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, stated the Christmas Tree Lighting Ceremony was excellent. Secondly, Mr. Humanik thanked Vice Mayor Petrolia for commenting at the last meeting about prohibiting smoking on the beach and stated it would be nice to have this issue enforced. In addition, Mr. Humanik thanked Vice Mayor Petrolia for bringing up cabanas on the beach. He requested that when the cabanas come in that they keep the annual pass holders in the cabanas. person. Mr. Humanik suggested that the City consider hiring a full -time traffic He thanked Deputy Vice Mayor Jarjura for emphasizing process. With respect to Workforce Housing, Mr. Humanik stated people should live in the town that they work in and that the City takes a special interest in the quality of the construction. 4 12/09/14 6.11.7. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, thanked Mr. Stewart and stated she hopes the new City Manager will continue transparency. 7. AGENDA APPROVAL. The Interim City Manager requested that Item 9.D., Resolution No. 68- 14/Delray Motors, Item 9.F., Software License and Services Agreement /Sungard Pubic Sector, Inc., and Item 11.A., Ordinance No. 37 -14 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: 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. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVSION PLAT APPROVAL/RPOS DELRAY: Approve a final subdivision plat for Resource Point of Sale (RPOS) Delray, a new office and warehouse distribution facility located on the northeast corner of S.W. 10th Avenue and S.W. 11th Street. 8.11. CLASS III SITE PLAN MODIFICATION APPLICATION /CHRISTIANS REACHING OUT TO SOCIETY (CROS) FOR THE CARING KITCHEN: Provide authorization for American Legion Post 188 (ALP) to submit a Class III Site Plan Modification on behalf of Christians Reaching Out to Society (CROS) Ministries to pursue a site plan modification application for the renovation and expansion of the existing restroom facilities which will also include one shower fixture in each restroom; an expanded storage area; and, a new laundry area that accommodates a washing machine and dryer located at the City -owned property located at 196 N.W. 8th Avenue. 8.C. REVISIONS TO THE RULES AND REGULATIONS OF THE HISTORIC PRESERVATION BOARD: Approve revisions to the Rules and Regulations of the Historic Preservation Board (HPB). 8.D. RESOLUTION NO. 64 -14 /JTS WOODWORKING: Approve Resolution No. 64 -14; abandonment of an unimproved and unpaved street right -of -way lying between N.W. 18th Avenue and the CSX Railroad that measures 30' wide and extends 94.84' east of NW 18th Avenue for the property associated with JTS Woodworking. The caption of Resolution No. 64 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE RIGHT -OF -WAY, LYING AT THE EAST END OF MARTY FLADELL DRIVE 12/09/14 BETWEEN NW 18TH AVENUE AND THE C. S.X. RAILROAD RIGHT -OF -WAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A REVERTER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 64 -14 is on file in the City Clerk's office.) 8.E. RESOLUTION NO. 67- 14/PALM BEACH COUNTY; 2015 REVISED LOCAL MITIGATION STRATEGY: Approve Resolution No. 67 -14 to adopt the 2015 revised Palm Beach County Local Mitigation Strategy Plan. The caption of Resolution No. 67 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AND ADOPTING THE 2015 REVISED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 67 -14 is on file in the City Clerk's office.) 8.F. USER AGREEMENT/PALM BEACH COUNTY SHERIFF OFFICE: Approve a User Agreement between the City and Palm Beach County Sheriff's Office for use of the Palm Beach Automated Law Enforcement Management System (PALMS) and Florida Crime Information Center (FCIC)/ National Crime Information Center (NCIC) database to access information relative to crimes, criminals and criminal activity. 8.G. AGREEMENT AND PURCHASE AWARD /CARTEGRAPH SYSTEMS, INC. Approve an agreement with Cartegraph Systems, Inc. in the amount of $107,994.63 with the first year cost of $35,287.75, the second year at $35,993.51, and the third year at $36,713.37. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(b), "City Standard ". Funding is available from multiple accounts. 8.H. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000.00 /DRS GROUP: Approval for FY 2015 spending with DRS Group via the City of Parkland Contract #2013 -06 in an amount not to exceed $29,000.00 for the acquisition of electronically scanned records into the City's archival system. This is in compliance with the Code of Ordinances, Chapter 36, Sections 36.02 (A), "Sealed Competitive Method" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year ". 6 12/09/14 8.I. SUB -GRANT AGREEMENT/DIVISION OF EMERGENCY MANAGEMENT: Approve a Sub -Grant Agreement with the Division of Emergency Management in the amount of $233,000.00 for the implementation of the Residential Construction Mitigation Program (RCMP). 8_J. AMENDMENT NO. 2 TO THE AGREEMENT /FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP): Approve Amendment No. 2 to the Agreement with Florida Department of Environmental Protection (FDEP) to extend the deadline to June 30, 2016 for the City's Beach Renouri shment Project. 8.K SERVICE AUTHORIZATION NO. 12- 13/KIMLEY HORN & ASSOCIATES, INC. /SWINTON AVENUE AND ATLANTIC AVENUE INTERSECTION STUDY: Approve Service Authorization No. 12 -13 with Kimley Horn & Associates, Inc. in the amount of $9,900.00 for professional services related to the Swinton Avenue and Atlantic Avenue Intersection Study (Project No. 12 -057). This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions From Vendor Exceeding Twenty -Five Thousand Dollars ($25,000.00) in Any Fiscal Year ". Funding is available from 334 - 3162 -541 -68.86 (General Construction Fund: Other Improvement/Swinton & Atlantic Intersection). 8.L. RESOLUTION NO. 70 -14: Approve Resolution No. 70 -14 assessing cost for abatement action required to remove nuisances on thirteen (13) properties throughout the City of Delray Beach. office.) The caption of Resolution No. 70 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 70 -14 is on file in the City Clerk's 7 12/09/14 8.M. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Elections Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. 8.N. RESOLUTION NO. 72 -14: Approve Resolution No. 72 -14 regarding the March 10, 2015 First Nonpartisan Election. The caption of Resolution No. 72 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN ELECTION TO BE HELD ON TUESDAY, MARCH 10, 2015; AND A SECOND NONPARTISAN ELECTION, IF NECESSARY, TUESDAY, MARCH 24, 2015; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION OF A MAYOR AND TWO CITY COMMISSIONERS; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 72 -14 is on file in the City Clerk's office.) 8.0. PROCLAMATIONS: 1. Calling for the First Non Partisan Election to be held on March 10, 2015. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Lehman Pipe and Plumbing, Inc. in the amount of $56,469.90 for water main materials to be installed by the City's in -house construction crew for the N.W. 4m Avenue & N.W. 3rd Avenue Water Main Project (Bid #2014 -46). This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A), "Sealed Competitive Method ". Funding is available from 442- 5178 -536 -68.75 (Water /Sewer Renewal & Replacement Fund: Improvements Other/N.W. 4m Avenue & 3rd Avenue Water Main). 2. Purchase award to Goodyear Tire and Rubber Company via State of Florida Contract #863- 000 -10 -1, in an amount not to exceed $40,000.00 from Tiresoles of Broward; an amount not to exceed 8 12/09/14 $70,000.00 from Boca Raton Tire and an amount not to exceed $40,000.00 from Martino Tire. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other Governmental Entities' Contracts" and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year ". Deputy Vice Mayor Jarjura moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA: 9.A. WAIVER REQUEST /418 NORTH OCEAN BOULEVARD: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.5(C), "Height Restrictions" to allow the increase in height from 6' to 7' and 9' of piers and 8' of the gate associated with the 6' wall required front yard setback for a single family home located at 418 North Ocean Boulevard. (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 Commission to disclose their ex parte communications. The Commission stated they had no ex parte communications to disclose. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is consideration to approve a waiver to LDR Section 4.6.5(C) to allow the inclusion of 7' and 9' piers with an 8' gate as accessory to the 6' wall in the front yard setback areas for a single family residence located at 418 North Ocean Boulevard; the subject property is adjacent to 502 North Ocean Boulevard. Ms. Butler stated the property was acquired by that owner and is now joined by Unity of Title. Pursuant to LDR 4.6.5(C) Height Restrictions: Walls, fences, or hedges located in a required front yard or street side shall not exceed 6 feet in wall height. Ms. Butler stated staff recommends approval of the waiver pursuant to LDR Section 2.4.7(B). Bill Harrison, 1101 South Rogers Circle, Boca Raton, FL 33487, potential contractor for building the wall, stated the homeowner feels that the 9 12/09/14 conforming wall would be aesthetically pleasing to everyone and he would like to put the wall up on the vacant lot to cut down the foot traffic he is getting from some adjacent properties. Mayor Glickstein asked if anyone from the public would like to speak in favor or in opposition of the waiver request, the public comment was closed. There was no cross - examination or rebuttal. 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 adopt the Board Order as presented, 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. 9.B. IN -LIEU OF PARKING FEE AGREEMENT /RMS PROPERTIES: Consider approval of a request from RMS Properties for the purchase of four (4) in -lieu parking spaces located at 110 East Atlantic Avenue at a cost of $23,660.00 each totaling $94,640.00 to be paid through a Parking Fee Agreement requiring 50% payment upon ratification of the agreement and two 25% payments on the second year and third year anniversary date of the agreement. (Quasi- Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission stated they had no ex parte communications to disclose. Randal Krejcarek, Director of Environmental Services, stated this item is a request for in -lieu for 110 East Atlantic Avenue, has submitted an in -lieu of parking application to accommodate in -fill of the second and third floors (515 and 587 respectively), eliminating the current opened -air configuration, creation 1,102 square feet of new office floor area. He stated this request for four (4) in -lieu parking spaces. Mr. Krejcarek stated the request is consistent with LDRs, City Comprehensive Plan, and the City Policies and /or studies. Pursuant to LDR Section 4.6.9(E)(3), the City Commission may approve the payment of a fee in -lieu of providing required parking spaces when, none of the in -lieu are related to residential use and spaces provided under this provision do not exceed 30% of eligible parking. Mr. Krejcarek stated this project is in Area 1 of the in -lieu and Area 1 is $23,660 per space resulting in a total in -lieu fee of $94,640.00. He stated this agreement requires 50% payment upon ratification of the agreement and two 25% payments on the second and third anniversaries of the agreement. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the in -lieu of parking fee agreement, the public comment was closed. 10 12/09/14 For the benefit for the public, Mr. Jacquet asked staff to explain what the in -lieu parking fee is for. In response, Mr. Krej carek stated the in -lieu program is a way to encourage development in the downtown area where there is not sufficient on -site parking for that development and it allows a developer to pay into an in -lieu fund. Mr. Krej carek stated the funds are collected and maintained in an in -lieu fund. The funds are going to be used for parking purposes so there is a restriction on how the uses are fund. Mr. Jacquet asked if the funds are only for parking purposes and what are the limitations that the in -lieu fees are being used for. Mr. Krejcarek stated the money is in a specific in- lieu fund for only parking purposes. Vice Mayor Petrolia stated unbeknownst to the owner there was a tenant that was operating a business out of this particular property and that would have required additional parking. Mr. Krej carek stated he would have to research that to see that it did stop; it would be a Code Enforcement issue in the future to make sure it does not happen again. The Interim City Manager stated since staff has become aware of it Code Enforcement would have taken an action and now that Code Enforcement is aware of it they would know to check it. The Interim City Manager stated once they are cited for something like that, it would be unusual to try and do it again. With regard to the Parking Management Advisory Board (PMAB) and the three (3) dissenting members, Mr. Jacquet asked staff about the discussion. Mr. Krej carek stated Mr. Marincola made a motion that if the spaces were related to restaurant use that it should be at the restaurant rate not the office rate. After the PMAB meeting, Mr. Marincola sent an email to Scott Aronson and said he was wrong in what he was proposing in his motion and asked that the use be kept office not restaurant and the Board members agreed. 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 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. RESOLUTION NO. 63- 14 /GALLAGHER BENEFIT SERVICES, INC.: Consider approval of Resolution No. 63 -14; approving a continuity of services and agreement with Gallagher Benefit Services, Inc. to provide for the continuation of employee benefits services consultant; 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 is not in the best interest of the City. The caption of Resolution No. 63 -14 is as follows: 11 12/09/14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONTINUITY OF SERVICES AND AGREEMENT WITH GALLAGHER BENEFIT SERVICES, INC. TO PROVIDE FOR THE CONTINUATION OF EMPLOYEE BENEFITS SERVICES CONSULTANT; 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 IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 63 -14 is on file in the City Clerk's office.) Ed DeMicco, Risk Manager, stated this is item is for the continuation of services with Gallagher Benefit Services, Inc. for employee benefit consulting for a period commencing on October 1, 2014 through December 31, 2014 and month -to -month thereafter for the amount of $9,166.67 per month. Mr. DeMicco stated the City of Delray Beach in RFQ No. 2015 -12 for Employee Benefit Consultant Services. Staff estimates the bid process to be completed no later than January 30, 2015. Staff recommends approval of the five (5) month extension of the agreement with Gallagher Benefit Services in the amount of $9,166.67 per month through December 31, 2014 and month - to -month thereafter and to approve the best interest Resolution No. 63 -14. Vice Mayor Petrolia Mr. DeMicco stated the City received approval from a previous City Manager to go through the end of September 30, 2014. Mr. DeMicco stated staff went out for an RFQ late last year and the beginning of this year and also engaged in an RFP to go out for the carriers that provide the health insurance networks and hospitalization hospitals. At that time, Mr. DeMicco stated it was deemed by the City Manager at that time that too much was going on. Mr. DeMicco stated the broker plays a big part in the RFP for the carriers but in the open enrollment period as well (June 1st renewal for the City's group health insurance). Therefore, Mr. DeMicco stated permission was granted to suspend the RFQ at that time and to revisit it once the open enrollment was completed. He stated staff revisited the RFQ for the broker and Monday, December 15, 2014 the Selection Committee is going to select a broker for the next current year. Mr. DeMicco stated staff has been paying up to September 30, 2014. Vice Mayor Petrolia inquired about the selection of the carrier being back in April/May and asked why the RFQ didn't kick in at that point in time so that now it is now December and the City without having a contract. Mr. DeMicco stated through the process staff discovered that there was no contract and thus the reason they are asking for the continuation of the contract. He stated the City had the approval to pay the monthly bill through September 30, 2014. Mr. DeMicco stated staff started the process in the summer; however, it is taking a little while working with the departments to get it out for an RFQ; he stated it has been out for an RFQ for a month a so. Vice Mayor Petrolia 12 12/09/14 asked what is the City is getting for $9,166.67 a month. Mr. DeMicco stated they do everything from actuarial services, they assist in the Wellness Center that the City provides for the employees and all the functions of the group health insurance and they are a partner with the City. Deputy Vice Mayor Jarjura stated she shared Vice Mayor Petrolia's concerns when she met with the City Manager and the City Attorney earlier today. Deputy Vice Mayor Jarjura stated the issue is not only the RFQ had to be worked out; if the contract was expiring September 30, 2014 then this extension should have been put on then so that the City would not have been working without a contract rather than wait two (2) months.. Mr. DeMicco stated going forward staff will not have those issues. Vice Mayor Petrolia commented that there is the broker, the insurance company, the Risk Management, and Human Resources administering some of this and asked if this is a vital part of this process or is something that we have to have in order to be able to make this work or is this something that we should be able to do without having to have this piece. Mr. DeMicco stated the Human Resources Department/Benefits Manager has been a vital source of assistance in running the program. Mr. DeMicco stated the City is self - insured for the group health so the carriers are only there to provide a network of doctors and hospitals; the broker is responsible to go out and find the best companies, the best price and they are constantly working with Human Resources for anything that comes up with group health (i.e. open enrollments, daily issues and the Wellness Center, etc). Vice Mayor Petrolia stated it seems that there are certain points in time that they seem to be more important (when the actuarial data is needed and some months where they are less busy other than fielding some telephone calls or complaints and she asked if this is normal. The Interim City Manager stated this is normal. Mr. DeMicco stated it is an annual fee although it is broken up month -to- month to pay it. Vice Mayor Petrolia expressed concern over the $9,166.67 monthly fee and stated this is a lot of money per month. Vice Mayor Petrolia moved to approve Resolution No. 63 -14, 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. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Consider approval of the 2013 -2014 Consolidated Annual Performance and Evaluation Report (CAPER) required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. 13 12/09/14 Lula Butler, Director of Community Improvement, stated this is a request for the Commission to approve the 2013/2014 Consolidated Annual Performance and Evaluation Report (CAPER) required by the Department of Housing and Urban Development (HUD) for utilization of federal funds for the period of October 1, 2013 through September 30, 2014. Ms. Butler stated it is required under CFR 91.520 and explains how they have met their goals established in the City's Consolidated Annual Five -Year Plan. Staff was required to have a fifteen (15) day comment period that started on November 15, 2014 through December 1, 2014 prior to submittal to HUD. No public comments were received during this timeframe. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Frankel moved to adopt Consolidated Annual Performance and Evaluation Report (CAPER), pursuant to regulations established under 24 CFR 91.520 for the rating period of October 1, 2013 through September 30, 2014 to meet performance reporting requirements of the Department of Housing and Urban Development, 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. 10.11. ORDINANCE NO. 29 -14 (SECOND READING /SECOND PUBLIC HEARING): Consider a city- initiated amendment to the Land Development Regulations of the City of Delray Beach; repealing and replacing Section 4.4.13, "Central Business District (CBD) ", with new zoning regulations. The caption of Ordinance No. 29 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW ZONING REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29 -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. Dana Little, Director of Planning and Zoning, stated Items 10.11. and 10.C. are Ordinance No. 29 -14, 30 -14 and 31 -14 which is the revisions to the LDRs that 14 12/09/14 Treasure Coast Regional Planning Council has been working on since November of last year. Mr. Little stated the ordinances are essentially repeal and replace of Chapter 4.4.13, the Central Business District (CBD) as well as the cleanup ordinance (Ordinance No. 30- 14) which adjusts all the affected parts of the other part of LDRs and the rezoning of Central Business District - Railroad Corridor to CBD as a subset. He stated tonight's presentation from Treasure Coast Regional Planning Council will be presenting these as a single presentation and will pick up where staff left off and the latest exhibits are redlined version. Anthea Gianniotes, Treasure Coast Regional Planning Council, presented some of the comments that were presented at the last hearing and how these comments have been addressed in the document currently in front of the City Commission. Ms. Gianniotes stated her presentation focuses on the differences between the first reading and the hearing this evening. Mayor Glickstein declared the public hearing open. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445 (speaking on behalf of S.A.F.E.), stated S.A.F.E. (Safety as Floridians Expect) has to offer more things to all those responsible over this long process for developing the new LDRs. Ms. Anderson commended Treasure Coast, Planning and Zoning, and the leadership of the Commission, and the hundreds of the people in the community who having taken the time to express their views and attend meetings. Ms. Anderson read S.A.F.E.'s seven (7) recommendations into the record. Jestena Boughton, 525 East Atlantic Avenue, Delray Beach, FL 33483 (Colony Hotel), briefly spoke about the proposed LDR changes and stated the Central Core is an important part of the city. She urged the Commission to stop the four -story buildings in the central core. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, applauded the Commission for their efforts with the proposed LDR changes and urged staff to be skeptical when they hear the Millennial Mantra a belief that the millennials are the only force driving demand. Mr. Warner stated the largest groups in Delray Beach are millennials and baby boomers and together they form the majority of the workforce. He urged the Commission to consider for tonight's deliberations and others that they not dismiss any demographic group. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated the 54 feet on Atlantic Avenue which is really 64 feet when you add the ten feet (10') that is allowed for parapets and other pertinences above the building putting in jeopardy the five (5) quaint charming blocks from Swinton Avenue to east 5m. She stated these blocks of East Atlantic Avenue are mostly two -story buildings; there are four buildings that are not two - story. Ms. Morrison urged the Commission to protect those five (5) blocks and stated there is no economic impact information on these proposed LDR changes and there is nothing about the traffic flow and possibly eliminating left - hand turns on Atlantic Avenue. She stated that S.E. 1st Street should be a two -way street. 15 12/09/14 Arlen Dominek, 50 East Road Unit #2G, Delray Beach, FL 33483, stated he is worried about maintaining incentives for development when there are good reasons for developers to come to this town. Mr. Dominek stated corporate offices often consume two (2) floors and feels Delray needs to get a CEO who wants to come here and move here. He urged the Commission to consider more green buildings, workforce housing and medium development. Bob Ganger, Florida Coalition, stated incentives that encourage greater residential density in the Central Business District (CBD) should be none; limit is thirty (30) dwelling units per acre; do not try to solve the perceived need for Class "A" office space in the downtown core with the proposed new LDRs; should clarify the fact that downtown isle alleys are there for a purpose and no more alleys are going to be abandoned to developers; Atlantic Avenue between Swinton Avenue and the Intracoastal is a special case and every effort must be made to preserve the scale and character of this iconic streetscape through any practical means and the Commission's disposal; and finish the job tonight. Hannah Connell, Abilena Properties, read the purpose and intent of the Central Business District from the City's LDRs into the record and briefly spoke about preserving the downtown moderate scale. Ms. Connell stated that Delray Beach is the incentive. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, stated the purpose of workforce housing is to have the people who work here live in the community and if you are going to build a development that is going to have workforce housing then that is where the workforce should be. Mr. Humanik stated if the city wants to bring people into town of a certain age it is education not Class "A" workspace because people will commute to the job. Mr. Humanik stated nobody wants to see 63 feet or 4- stories on Atlantic Avenue and urged the Commission to think of Delray Beach as the destination town. Bill Morris, 1046 Melaleuca Road, Delray Beach, FL 33483, supports the initiatives proposed by S.A.F.E. and stated height, density and design is the key and stated he would like to see the City maintain what has been proposed. Jeff Costello, Executive Director of the Community Redevelopment Agency (CRA), thanked Treasure Coast Regional Planning Council for all their hard work. Mr. Costello stated at the November 20, 2014 CRA Board meeting the Board reaffirmed its position that the 5m floor option should be retained and felt that the 5m floor could be incentivized. He stated the proposed LDRs dated October 9, 2014 contain the height and density bonus program which included measurable performance standards such as inclusion of civic open space, public parking and green building practices. Mr. Costello stated it has been said in previous meetings that the Downtown Master Plan references the downtown as a 3 or 4 story town; under the summary of the citizen's request on page 1 of the Downtown Master Plan it states "encourage development without displacement at an appropriate scale. Encourage development fronting along the Avenue with three stories as ideal height and four stories being the maximum desired 16 12/09/14 height." Mr. Costello stated the CRA requests that the Commission approve the version of the LDRs that accommodated the 5m floor subject to the performance standards. Rita Rana, 50 East Road Apt. #9 -C, Delray Beach, FL 33483, Speaker did not identify herself, stated she has not seen any demographic report that shows all the building that is going to go on and that there is enough interest in this city that those buildings will be profitable. In addition, she has not seen any hypothetical that shows a flow of what everyone is anticipated. She stated with respect to All Aboard Florida she feels that the City should see more than one report with regard to this issue. Ms. Rana commented about the overabundance of one - bedroom rentals and stated that is what is attractive today but that does not mean that is what is going to be attractive ten (10) years from now. Joe Snider, 1010 N.E. 8th Avenue, #35, Delray Beach, FL 33483 (licensed Architect, U.S. Green Building Counsel LEED Fellow, serves on the Palm Beach County Zoning Commission, served on the City's original Green Task Force 2008 - 2009), stated at the Town Hall Meeting last year he wanted to see this LDR process happen because it was so vague with respect to what the developers could do and what the community understood. Mr. Snider expressed concern because he feels there are still too many unknowns; however, he is very excited about language with respect to sustainable green buildings and holding developers to it but there are no incentives for commercial green buildings. He stated density is a balance and urged the City to give clear guidelines so the developers know what it is. In addition, Mr. Snider urged the Commission to continue supporting S.A.F.E. and Human Powered Delray (HPD). Anna Bierstock, 417 Palm Trail, Delray Beach, FL 33483, stated she does not want to see any incentive plan, no five- stories, a new Master Plan done by Treasure Coast Regional Planning Council and then think about having incentive plans. She requested that traffic studies be done because she would like to know what is going to happen with the traffic flow and would like to make sure there are enough parking spaces. Ms. Bierstock stated she is a baby boomer and her children are millennials and stated things need to be built for the people who can afford it. Jason Bregman, 227 Lake Terrace, Delray Beach, FL 33444 (10 year resident, business owner and former SPRAB member), stated we need vision that drives policy and feels the City is working with an outdated Master Plan that makes no mention of the environment but states that Delray Beach is a two and three -story city. He stated the regulations are now changing to allow for four stories, increased height and less massing setbacks as of right; a give -a -way that should not be considered an exchange for long overdue design guidelines for streetscapes and open space. In his opinion, Mr. Bregman stated the latest draft of the LDRs is vague regarding incentive programs or density. He stated he agrees with the recommendations by S.A.F.E. TDM's including any future incentive program; however, Mr. Bregman stated he disagrees with statements about regulatory takings. Mr. Bregman stated he agrees with Human Powered Delray (HPD) on the push for a bicycle /pedestrian improvement fund paid for by new development and a share of the in -lieu parking fees, supports green building requirements, and disagrees with any incentive program being connected to public 17 12/09/14 parking. Judy Craig, 520 N.E. 7th Avenue, Delray Beach, FL (Palm Trail Association), stated she does not feel that the City needs incentives because people want to build and live in Delray Beach. Ms. Craig suggested that the City phase in every building by permit date and increase it 10 %, 20 %, etc. in making the building green over a ten (10) year period. There being no one else from the public who wished to address the Commission on Ordinance No. 29 -14, the public hearing was closed. Ms. Gianniotes stated what this Code does is remove the 5m story which is an option right now under the current regulations, it removes the ability to get density higher than 30 units per acre to those properties, it states that you cannot remove or close streets and alleys. She stated there are numerous safeguards built into this draft that are not in existence now to protect the scale and the community today. Ms. Gianniotes stated there is a notion that they have increased the City's allowable height to four - stories from some lower amount; the Code that the City has in place now is 48 feet and the diagrams in the Code show four stories. Ms. Gianniotes stated this Code did not introduce a fourth floor into a regulatory framework that was a third floor before. Ms. Gianniotes states she strongly agrees with several statements that the incentive program is nebulous. She stated they continue to leverage that fifth floor to achieve a greater amount of civic open space for more green building requirements for projects that did it because they had recommended expanded its use beyond residential to other uses. Ms. Gianniotes stated she agrees the draft is vague but it reflects the conflict that the city is struggling with now. Ms. Gianniotes stated the City wants incentives for green building and asked what the city is willing to offer and for what (used the example of Miami). She stated she did not change the purpose and intent and noted there is another piece to that. Ms. Gianniotes stated "The regulations are intended to result in development that preserves this downtown, historic, moderate scale, while promoting a balanced mixed of uses that will help the area evolve into a traditional, self - sufficient downtown. Residential development is permitted at higher densities in this area than any other part of the city in order to foster compact pedestrian oriented growth that will support downtown businesses." Ms. Gianniotes stated that some of the safeguards that are in place will help control scale and the most important part is keeping the street grid in place and there are regulations to that point. Ms. Gianniotes briefly discussed the TDM's (Transportation Demand Management) aside of what has been adopted here there are things requiring new developments to have bicycle shares incorporated, electric vehicles available for use by people and the concern is how is that regulated; the TDM's is not just about the CBD and that strategy when it is in place is something that is accomplished city -wide and a mobility fee has been recommended. Vice Mayor Petrolia inquired why the City cannot keep the two -story or three -story area in the downtown district and how the regulatory taking would affect this city (more specifically Atlantic properties adjacent to Atlantic Avenue). The City Attorney stated he has legal concerns if the Commission were to limit development on Atlantic Avenue to as little as two (2) or three (3) stories. The City Attorney stated under 18 12/09/14 the current Code you are limited to 48 feet and that allows you within that window to build four (4) or five (5) stories. The City Attorney explained the Bert Harris Act and stated if a government enacts a development regulation that inordinately burdens one area of a community and distinguish with other areas of that community and as a result property owners are denied their reasonable investment back expectation with respect to that property, they have a right to make a claim. The City Attorney stated the burden on the property owner is very high and it is on a case -by -case basis and they have to go through a very extensive process to make that claim. Vice Mayor Petrolia asked if there is a timeframe that someone would have to bring a claim against the city and then it would expire. The City Attorney stated there are a statute of limitations and a conveyance; it is for a fixed period of time. Mayor Glickstein asked if a plaintiff have to demonstrate that they actually could perform; if you cannot abandon an alley you cannot build it so the hardship is not there. Mayor Glickstein asked if that is part of the burden that they have to overcome. Mayor Glickstein stated to get to 48 feet with respect to the current LDRs you have to be able to park your use, access your use, and if you cannot abandon an alley to get there and on Atlantic Avenue were you cannot have parking on the ground floor currently and assuming you cannot park it or access it to get to 48 feet. The City Attorney stated there is a large body of case law that says the character of land changes over time and governments routinely change zoning and land development regulations. The City Attorney stated he does not believe that arises to the level of the Bert Harris Act. Mayor Glickstein stated there is language in the Master Plan now (not just the policy that was written) that discusses the smaller scale and asked if the City can rely on that to limit that height along Atlantic Avenue to preserve those attributes. The City Attorney stated if the Commission makes the appropriate legislative findings through staff they have factual underpinnings to support what they are doing that makes it far more defensible; it is a mixed question of fact and law. Vice Mayor Petrolia stated it may be worth the attempt and it is the iconic nature of the city and what attracts people. She feels it will slowly chip away and we will see a shift. Vice Mayor Petrolia asked if the City will be able to revisit and state that this is going to be a sacred area. The City Attorney stated if the Commission wants the ability to revisit and potentially lower the height restrictions over time then he recommended putting that in the record and adding something in the LDR. Vice Mayor Petrolia asked if there is a difference between bonus and incentive. Vice Mayor Petrolia commented about the open space and being able to accommodate the outdoor dining "the portion of the outdoor dining" and asked what is meant by the word portion. Ms. Gianniotes stated the amount is permitted would be the amount you could have put in front on the sidewalk. Ms. Gianniotes stated Treasure Coast is trying to encourage the businesses to move into a little bit of those outdoor rooms rather than expand along the sidewalk. Vice Mayor Petrolia stated if you have to provide a certain amount of civic open space there is a certain portion of it that you can trade off for outdoor dining. Ms. Gianniotes stated in some instances you are required to make a plaza or a park and that is your civic open space; that part of the public realm is eligible to accommodate the outdoor dining only if you are willing to take it off the sidewalk and move it into the open space. Ms. Gianniotes stated the civic space is a requirement; however, it does not require that the 19 12/09/14 City puts outdoor dining in it. Ms. Gianniotes stated the portion that may accommodate outdoor dining needs to reference that it requires a sidewalk cafe permit. Vice Mayor Petrolia made reference to page 102, IA and asked about the language "extending for a depth of 120 feet are located within the OSSHAD." Ms. Gianniotes stated that text is reiterating what is shown on the map which is that the only place you can ask for density higher than thirty (30) is between is between 2nd and 2nd but they are taking Atlantic Avenue out and she had to specify how far back. Vice Mayor Petrolia asked why that is not going to Swinton Avenue on the south side. Ms. Gianniotes stated this is not within the boundary of the CBD zoning; the properties that are hashed on the map are in the OSSHAD with CBD Overlay but they are not eligible for any kind of conditional use now. Vice Mayor Petrolia asked why it did not include on the north side of Atlantic Avenue over to the Intracoastal (Atlantic Plaza area). Ms. Gianniotes stated that area is pre- approved as the central core density. Vice Mayor Petrolia commented about the bonus density on the additional units for and that Ms. Gianniotes did not feel comfortable about making the decision that the 25% be applicable only to that additional amount that was being asked for the workforce housing. Ms. Gianniotes stated she is uncomfortable throwing a number out without data or a marketing analysis to support what that number is. Vice Mayor Petrolia asked about the diversity type and if it was kept 55% for 1 bedroom and efficiencies because that's what it was before. Ms. Gianniotes stated Treasure Coast maintained that in the test that they had presented previously with parking, etc. Ms. Gianniotes stated some of the projects that have been raised as being areas of concern had the 55% waived as part of their approval. Ms. Gianniotes stated she does not believe the rule was necessarily problematic. Vice Mayor Petrolia stated many people do not want the incentives because they feel they are problematic. Ms. Gianniotes stated what is put in front of the Commission for density increases is very clear in terms of what is required for green building standards and the percentage of workforce housing that has been brought forward and the parking requirement as well. Ms. Gianniotes stated the process that is set forward in these regulations will ensure that the projects are evaluated holistically so that the Commission will be able to evaluate when they come forward whether it truly fits, does not fit, or whether waivers are needed. Vice Mayor Petrolia stated she supports waiting on those incentives until the City has developed a Master Plan and getting this done right is more important than getting it done now. She concurs with Ms. Connell's statement that "Delray is the incentive." Deputy Vice Mayor Jarjura stated when this was started it was about creating a form based code clearly objective guidelines and defined process so that both the residents and developers could be aware of and know how to navigate through. Deputy Vice Mayor Jarjura stated when she met with staff earlier and in terms of the office incentives she read it as case -by -case. However, Deputy Vice Mayor stated it was clarified to her that it was not supposed to be case -by -case that first we have to pass the Master Plan, look at the change in conditions (i.e. transportation impact). Ms. Gianniotes stated Ms. Gianniotes stated they ended the last meeting on the discussion of office and parking and she was told to look into the percentage that was being required for workforce. Ms. Gianniotes suggested that there be an incentive program with criteria for density; the height is limited no longer is a fifth story in play and the West Atlantic 20 12/09/14 Avenue neighborhood uses this same system to go from 12 units per acre to 30 units. Deputy Vice Mayor Jarjura suggested that pages 102 -15 be removed because there is no point in having these specific standards because until a Master Plan is updated we are not going to be requiring green building practices or diverse unit types. Mr. Little stated the City is looking at potential future incentive elements or programs to target things that we want. Mr. Little stated we have much better criteria and performance standards for density and height but there is not an actual program to apply them to. Ms. Gianniotes stated she did not intend to change the introductory intent to negate #1 underneath it and recommends that the language be moved further down (Section H) for other future uses. Mayor Glickstein stated after the last meeting he was only thing he was interested in incentivizing at all was office space not Class "A" office space. He stated now there is a misunderstanding that there is a bonus program still applies to density. Mayor Glickstein stated West Atlantic Avenue is not an issue, but it is east of Swinton Avenue where we have pushback. He commented that if there was some way to model this limitation on Atlantic Avenue and put it someplace else. With respect to height, Deputy Vice Mayor Jarjura asked if the City has approached the property owners between Swinton Avenue and the Intracoastal that front Atlantic Avenue to see if they would voluntarily (because that would remove any issue of a Bert Harris claim) agree to a two - story /three -story maximum. Deputy Vice Mayor Jarjura stated people are coming say that they believe this is what the zoning should be (property owner, the Colony Hotel) but those people that are participating in it have to be willing (as indicated by Ms. Gianniotes) to be giving something up somewhere else. Deputy Vice Mayor Jarjura stated if it is very important for Atlantic Avenue to be at a certain height between Swinton Avenue and the Intracoastal she is willing to give up a higher height three (3) blocks away from Atlantic Avenue in a certain area. Deputy Vice Mayor Jarjura reiterated that everyone wants 10% open space, but what are willing to give up for that. Brief discussion between Deputy Vice Mayor Jarjura and the City Attorney followed. Deputy Vice Mayor stated if the City limits residential to 30 units per acre then the last sentence needs to be amended. Deputy Vice Mayor made reference to page 73 and stated the recommendation is 9 feet; the lowest height is ten feet (10') and overall the building would increase by three (3) feet because with the four -story maximum the upper floors would be an additional three (3) feet. Deputy Vice Mayor stated her preference is ten feet (10') because she feels this gives more flexibility. With respect to page 78, she feels the recommendation to change the two - stories to one -story 18 feet minimum height is something that the City can encourage but it still accomplishes the intent; Deputy Vice Mayor Jarjura commented about page 100 -101 Civic Open Space Additional Standards shall meet the following minimum standards: (a) thru (i) and stated she does not understand how some of the smaller open spaces that are the living wall /public art areas that are 250 square feet are going to be able to accommodate having seating, a drinking fountain, a bicycle rack, a trash receptacle, a pet cleanup station. She also made reference to Subsection (4) subparagraph (f). In addition, Deputy Vice Mayor 21 12/09/14 Jarjura made reference to page 97, Open Space Calculation; she commented about the 60,000 square feet and only 2,500 square feet is going to be open space that was not her original intent of asking for more open space. Ms. Gianniotes stated Treasure Coast can increase the percentages and re -work it and noted that this is the base requirement (building 30 in four - stories) because it was a tiered system that would have required you to double the requirement if you were building a fifth floor and that is where the 25% open space would have turned into 5,000. Mr. Frankel stated it is a little premature for a formal vote on this tonight. Ms. Gianniotes stated she is happy to meet with the entire Commission individually so that everyone is clear about the proposed LDRs. Mr. Frankel commented about the performance standards and the incentives, LEED certification. He asked for copies of Ms. Gianniotes' Powerpoint presentation from the first reading with the streetscapes from the different cities because that would help him before any meeting or further discussion on this. Mr. Jacquet stated last time he agreed with the idea of the ten foot (10') if it can work versus the nine foot (9'). Mr. Jacquet asked if the north/south railroad corridor is being different or the same as the central core. Ms. Gianniotes stated the railroad corridor is currently a separate zoning district has been brought in as a sub- district to the CBD; the area in the railroad corridor that is eligible under the current rules for conditional use increases has already been built and they were never permitted to go to the five (5) stories. Mr. Jacquet stated we need to talk to the businesses and is it really the preservation what we want. Mr. Jacquet commented about the silver /gold LEED certification and stated he supports incentives. Mr. Jacquet asked that everyone stop talking about the comments related to millennials, ex- generation and the baby boomers because he does not want to divide the community. Mayor Glickstein confirmed with Ms. Gianniotes that using in -lieu fees for the bike /ped infrastructure has been added. Mayor Glickstein stated with respect to the minimum ceiling height he supports the nine foot (9') residential ceiling /a nine foot (9') office ceiling and is okay with it being market driven In addition, Mayor Glickstein stated this works architecturally and from a builders perspective the nine foot (9') ceiling height is adequate for a multitude of uses. He stated to avoid the anomalies is that they be dimensional architecturally appropriate. With respect to the height matrix, going back to the one -story is a good idea. Mayor Glickstein stated with regard to going up to a second floor promotes more diverse architecture; however, he expressed concern over how this would be approved. Ms. Gianniotes stated all of that would be evaluated under that right -of -way agreement with the City and it would have to be acceptable to the City Attorney. Mayor Glickstein stated with respect to the public parking component under the incentive program. Ms. Gianniotes stated as like the workforce housing program you can provide it on site, in cooperation with the city effort, in payment in -lieu of and she was trying to provide flexibility in terms of how you would achieve that public effort. Mayor Glickstein stated Ms. Connell's comment is very appropriate that Delray is the incentive. Mayor Glickstein stated he would be in favor of categorically in favor in looking for a way to limit the height on Atlantic Avenue to 2 -3 stories. He stated 22 12/09/14 eliminating incentives does not devalue the property; it just eliminates that artificial inflation that you create when you can sell and title property and develop something at a much higher density. Mayor Glickstein stated if incentives are properly used they are appropriate and if the City has the policy to support how to apply them then it is a good idea (i.e. height, density in certain places). However, Mayor Glickstein stated until we can figure out a way to get that he does not support the incentive programs and supports limiting Atlantic Avenue to two (2) and three (3) feet. Mayor Glickstein commented about the Master Plan that was done twelve (12) years ago. Ms. Gianniotes read a few brief comments into the record. Mayor Glickstein stated to withstand the changes over time, if we are not very hard on ourselves and rigorously honest about what it is we want to be, we will be the "Generica" that surrounds us. He stated some people have used the analogy of the City of Carmel but the reason Carmel is so unique is because they said "we don't really care what you are doing in your city but this is what we want and what is important to us and we are going to fight to keep it this way." Mayor Glickstein stated the best cities in the world (large and small) fight to keep their cities the way they see is important to them and thus the reason they are unique. Vice Mayor Petrolia stated she would rather over correct and then be able to come back then to make the mistake that you cannot come back from and this City Commission has a huge load on their shoulders to make sure that they do not make the mistakes that some of the neighboring cities have made. Vice Mayor Petrolia stated the surrounding areas all want to be like Delray so the Commission wants to stay authentic to what they know Delray Beach is and that is why it is so important to them. Mayor Glickstein stated it is a good idea for Treasure Coast Regional Planning Council to meet one -on -one with the City Commission. The City Attorney stated if at the public hearing in January the majority of the Commission for example wants to change the amount of the development on Atlantic Avenue to two (2) or three (3) stories that are appropriate. However, the City Attorney stated that type of a material change would require the City Commission to start the ordinance process anew and have a first public hearing. Mr. Jacquet moved to approve to continue Items 10.B., 10.C., and 10.1). to a date certain of January 20, 2015, 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. At this point, the time being 9:58 p.m., the Commission moved to Item 9.E. 9.E. RESOLUTION NO. 71- 14/11I1) AWARD TO ADVANCED ROOFING, INC.: Consider approval of Resolution No. 71 -14; to award a bid in the amount of $274,725.00 to Advanced Roofing, Inc. (Bid No. 2014 -47), the second lowest 23 12/09/14 responsive bidder, declaring by a four - fifths affirmative vote that the City's sealed competitive method for the contract is not in the best interest of the City for Pompey Park Administration Building modifications and reroofing. Funding is available from 334- 4127- 572 -62 -10 (General Construction Fund: Parks & Recreation/Buildings). The caption of Resolution No. 71 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AWARD OF CONTRACT TO ADVANCED ROOFING, INCORPORATED; 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. 71 -14 is on file in the City Clerk's office.) Randal Krejcarek, Director of Environmental Services, stated this item is an award to Advanced Roofing for a partial re- roofing of the Pompey Park building. Mr. Krej carek stated staff originally bid this in June and there were two (2) bidders; All Phase was the low bidder and Advanced Roofing was the second lowest responsive bidder. He stated staff brought this to the Commission in August and it was right at the sixty (60) day mark of when the City opened the bids and in the City's contracts there was a stipulation that the contractor had to hold their bids for sixty (60) days. Mr. Krej carek stated staff contacted the contractor and they said they could not hold their bids any longer than sixty (60) days. Therefore, Mr. Krej carek stated staff rejected all those bids and re- advertised and opened them back up in October 2014 and there was one bidder which was Advanced Roofing. He stated the bid that Advanced Roofing gave the City on the re -bid is the exact same amount that they had as a second bid on the first bid. Mr. Krej carek stated when staff reviewed the bids they realized that Advanced Roofing did not attend the mandatory pre -bid meeting. Staff recommends approval of the resolution because staff feels it is in the best interest of the city to go forward with the award to Advanced Roofing in the amount of $274,725.00. Deputy Vice Mayor Jarjura stated she spoke with the Interim City Manager and the City Attorney about this issue earlier today and expressed concern that staff missed the sixty (60) day calendar period which is at a cost to the City of $25,000.00. The Interim City Manager stated this item like Item 9.D. are ones that are from months ago. He stated this is the most decentralized purchasing organization that he has ever encountered. The Interim City Manager stated with the Chief Purchasing Officer the City has now with some additional assistance and some changes that have 24 12/09/14 been made, the City is going to be, are now, and will continue to be become less decentralized. The Interim City Manager stated he is confident that the model that the City is infusing now will enable the Purchasing Department to have a more centralized focus so that the Purchasing Department can monitor those types of things and guide staff to avoid these types of things from happening. Vice Mayor Petrolia inquired about the 2,500 square foot roof. Mr. Krejcarek stated there is a 2,500 square foot area that is being done and there is a lot of additional mechanical work. Mr. Frankel moved to approve Resolution No. 71 -44, seconded by Vice Mayor Petrolia. 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.F. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.G. AMENDMENT NO. 2 TO THE AGREEMENT WITH OCEANSIDE BEACH SERVICES, INC.: Consider approval of an Amendment to the Agreement with Oceanside Beach Services, Inc. (RFP No. 2013 -48) to expand the list of approved equipment under the contract to include cabanas, clamshells, and windbreakers. The City Attorney stated at the last meeting the Commission asked his office to prepare an amendment to this agreement and the agreement has three (3) substantive amendments. The City Attorney stated the amendment corrects what was inadvertently deletion to Amendment No. 1 which removed a requirement for a windbreaker clamshell as an approved piece of equipment. This amendment now allows for (1) the use of a windbreaker clamshell and the amendment allows that piece of equipment to be used year- round, (2) allows for the use of the heavier more substantial clamshell cabana that can only be used from the period of November 1- February 28 because of turtle nesting season (it is too heavy to move daily); and (3) to acquire a five percent (5 %) penalty for late payments and noted there are photos of the equipment in the backup. Brief discussion followed by the Commission regarding the two wooden lounges. Todd Meacham, Oceanside Beach Services, Inc. (OBS)" stated originally because of turtle season they would have to take them off and they elected to make it easier to not have to deal with that and to just keep the chairs that they have. Vice Mayor Petrolia asked if the clamshell windbreaker is strong enough to block the wind. Mr. Meacham stated the clamshell windbreaker is strong enough to block the wind. For clarification, the City Attorney stated that he will add the language clamshell windbreaker twelve (12) months per year. Mr. Meacham stated it will not be 25 12/09/14 twelve (12) months a year because in the summertime they are much too hot. The City Attorney stated he will change the language to "clamshell windbreaker as often as the vendor likes" and suggested that the Commission approve the Agreement as amended. Vice Mayor Petrolia moved to approve the Agreement with Oceanside Beach Services, Inc. (OBS), as amended to include the clamshell /windbreakers and the five percent (5 %) penalty for any late payments, 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. 10.C. ORDINANCE NO. 30 -14 (SECOND READING /SECOND PUBLIC HEARING): Consider a city- initiated amendment to the Land Development Regulations of the City of Delray Beach; amending Article 4.4 "Table of Contents "; amending Section 2.2.3(D), "Site Plan Review And Appearance Board "; amending Section 2.4.5(F), "Site And Development and Master Development Plans (MDP) "; amending Section 2.4.6(F), "Temporary Parking Lots "; amending Section 4.1.1(A), "Base Zoning Districts "; amending Section 4.3.3(I), "Community Residential Homes And Group Homes "; amending Section 4.3.3(S), "Antennas Not Located on Telecommunications Towers "; amending Section 4.3.4(J), "Height "; amending Section 4.3.4(K), "Development Standards Matrix "; repealing Section 4.4.28, "Central Business District — Railroad Corridor (CBD -RC) "; amending Section 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts With a Thirty -Five (35) Foot Height Limitation "; amending Section 4.6.9(C)(1), "Bicycle Parking "; amending Section 4.6.9(E)(3), "Location of Parking Spaces, In -Lieu Fee "; amending Section 4.6.9(E)(4), "Public Parking Fee "; amending Section 4.6.16(H)(4), "Foundation Landscaping Requirements "; amending Section 4.6.16(H)(5), "Special Landscape Regulations for Properties Within The Central Business District (CBD) "; amending Section 4.6.18(B), "Buildings Within The Downtown Area "; amending Section 6.3.3(F), "Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending Appendix A, "Definitions ". The caption of Ordinance No. 30 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING ARTICLE 4.4 "TABLE OF CONTENTS "; AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW AND APPEARANCE BOARD "; AMENDING SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER DEVELOPMENT PLANS (MDP) "; AMENDING SECTION 2.4.6(F) "TEMPORARY PARKING LOTS "; AMENDING SECTION 4.1.1(A) "BASE ZONING DISTRICTS "; AMENDING SECTION 4.3.3(I) "COMMUNITY RESIDENTIAL HOMES AND GROUP 26 12/09/14 office.) HOMES "; AMENDING SECTION 4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS "; AMENDING SECTION 4.3.4(J) "HEIGHT "; AMENDING SECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX "; REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR (CBD -RC) "; AMENDING SECTION 4.6.4(A) "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY -FIVE (35) FOOT HEIGHT LIMITATION "; AMENDING SECTION 4.6.9(C)(1) "BICYCLE PARKING "; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN -LIEU FEE "; AMENDING SECTION 4.6.9(E)(4) "PUBLIC PARKING FEE "; AMENDING SECTION 4.6.16(H)(4) "FOUNDATION LANDSCAPING REQUIREMENTS "; AMENDING SECTION 4.6.18(B) `BUILDINGS WITHIN THE DOWNTOWN AREA "; AMENDING SECTION 6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE "; AMENDING APPENDIX A "DEFINITIONS "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30 -14 is on file in the City Clerk's This item has been moved to a date certain of Tuesday, January 20, 2015. 10.D. ORDINANCE NO. 31 -14 (SECOND READING /SECOND PUBLIC HEARING): City- initiated rezoning of properties zoned CBD -RC (Central Business District- Railroad Corridor) to CBD (Central Business District) for two areas, with the north area generally located between N.E. 4th Street and N.E. 2nd Street and extending from the north -south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway; and, the south area generally located between S.E. 2nd Street and S.E. 7th Street, east of and west of the FEC Railway. The caption of Ordinance No. 31 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD -RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO CBD (CENTRAL BUSINESS DISTRICT), SAID LAND INCLUDING TWO 27 12/09/14 office.) GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 7TH STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" ACCORDINGLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31 -14 is on file in the City Clerk's This item has been moved to a date certain of Tuesday, January 20, 2015. 9.D. ORDINANCE NO. 31 -14 (SECOND READING /SECOND PUBLIC HEARING): City initiated rezoning of properties zoned CBD -RC (Central Business District - Railroad Corridor) to CBD (Central Business District) for two areas, with the north area generally located between N.E. 4th Street and N.E. 2nd Street and extending from the north -south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway; and, the south area generally located between S.E. 2nd Street and S.E. 7th Street, east of and west of the FEC Railway. office.) The caption of Ordinance No. 31 -14 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD -RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO CBD (CENTRAL BUSINESS DISTRICT), SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 7TH STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" ACCORDINGLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31 -14 is on file in the City Clerk's 28 12/09/14 This item has been moved to a date certain of Tuesday, January 20, 2015. 11. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager Terry Stewart, Interim City Manager, gave a few brief comments regarding his employment with the City of Delray Beach. 12.B. City Attorney The City Attorney requested permission to schedule a Shade meeting with respect to the pending litigation of Iberiabank versus the City of Delray Beach. The City Attorney stated this is a foreclosure action with respect to the affordable housing project for Auburn Trace. In addition, the City Attorney requested to consecutively also schedule a Special meeting to ratify the Police Benevolent Association (PBA) Collective Bargaining Agreement. The City Attorney stated he does not have an executed bargaining agreement yet, however, he would like to schedule the meetings back- to -back with the expectation that staff will have that agreement. Then staff can have a brief meeting to ratify the bargaining agreement. The City Attorney suggested that these meetings be held back -to -back on December 15, 2014 at 1:00 p.m. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel stated Mr. Victorin wrote an email to the City Commission on November 22, 2014 about the homeless issues at Veteran's Park, etc. Mr. Frankel stated he has seen the homeless issue escalate especially early in the morning. Secondly, Mr. Frankel welcomed Mr. Cooper. Mr. Frankel stated he is a committee member of the Boca Raton Bowl (Marshall versus Northern Illinois) and it is rated as the top ten (10) of all the bowl games; each team has only lost one game and Marshall lost in multiple overtimes. He stated this will be a good thing for South County and they will do some events here. Mr. Frankel thanked staff for the Press Release on the lighting of the Menorah and it also included the 100 foot Christmas tree information. Lastly, Mr. Frankel commented about the Ohio State Buckeyes winning the Big Ten Conference and going onto the championship. 29 12/09/14 12.C.2. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura stated it has been a pleasure getting to know Mr. Stewart over the last few months and she appreciates his work. 12.C.3. Vice Mayor Petrolia Vice Mayor Petrolia echoed comments expressed by Deputy Vice Mayor Jarjura regarding Mr. Stewart and commended him for a stellar performance on his communication to the city because it made a huge difference. Vice Mayor Petrolia thanked Mr. Stewart for his professionalism and service and stated she admires Mr. Stewart for the person that he is. 12.C.4. Mr. Jacquet Mr. Jacquet stated this week he is visiting Toussaint L'Ouverture High School and Village Academy. Mr. Jacquet stated he tries to visit a school during the week and finds it is better to take a week and go back every day because the kids like the stability of it versus randomly going around from school to school. Secondly, Mr. Jacquet stated the 5th Annual Haiti Bike Ride will be held on January 10, 2015, which last year began at Mocha Cafe in North Miami and ended in Lake Worth. Mr. Jacquet stated last year was the first year he did the entire bike ride. He invited anyone who would like to participate this year to meet at Toussaint L'Ouverture High School at 12:00 noon and ride to Lake Worth where the Mayor of the City of Lake Worth is going to meet them. Mr. Jacquet stated Mr. Stewart is a man of great character and it has been an honor and pleasure working with him. Mr. Jacquet wished Mr. Stewart the best and thanked Mr. Stewart for the work he has done for Delray Beach. Lastly, Mr. Jacquet stated the Florida League of Cities had an article on "Literacy for Success" and it is municipalities in Palm Beach County. Mr. Jacquet stated Delray is the leader in all of Palm Beach County as far as its efforts with literacy and getting our children to read. However, Mr. Jacquet stated Delray Beach was not mentioned in the magazine. Mr. Jacquet asked staff to stay in touch with the League of Cities in Tallahassee so that everything Delray Beach does they know and this way Delray Beach can be recognized in the magazine which is distributed around the entire state. 12.C.5. Mayor Glickstein Mayor Glickstein stated the tree lighting was a great event, however, there were some merchants that were upset about the way in which Atlantic Avenue was closed but more importantly that the City allowed competing businesses right in front of their stores. He stated Stephanie Immelman, with the Delray Beach Marketing Cooperative 30 12/09/14 (DBMC), responded to the person with both an explanation and a solution oriented response. Secondly, Mayor Glickstein asked for the consensus of the Commission to bring forward a resolution about texting while driving and stated this is a great idea. The rest of the Commission concurred to bring forward a resolution with regard to this issue. Mayor Glickstein stated from the first day he met Mr. Stewart, Mr. Stewart hit the ground running. Furthermore, Mayor Glickstein stated he handled his responsibilities with tact and professionalism, the way he has conducted himself professionally, socially, how he has represented the city, and how he has conducted himself in terms of outreach to different parts of the city. Mayor Glickstein stated this Commission was lucky to have Mr. Stewart and it has been a pleasure working with him. Mayor Glickstein wished his colleagues and the public Happy Holidays. Lastly, Mayor Glickstein stated he would like to give all City employees the day after Christmas (Friday, December 26, 2014) off because he feels it is a unique situation this year with the day after Christmas being a Friday. After brief discussion, it was the consensus of the City Commission to give all City employees an additional paid holiday on Friday, December 26, 2014. There being no further business, Mayor Glickstein declared the meeting adjourned at 10:32 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 9, 2014, which Minutes were formally approved and adopted by the City Commission on 31 12/09/14 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. 32 12/09/14 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 REQUEST FOR 418 NORTH OCEAN BOULEVARD 1. This waiver request came before the City Commission on December 9, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 418 North Ocean Boulevard. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.5(C Pursuant to LDR Section 4.6.5(C), walls, fences, or hedges Iocated in a required front yard or street side yard shall not exceed six feet (6) in height. The applicant is requesting that the height restriction for this property be increased to allow an eight foot gate, two nine foot piers and two seven foot piers as accessory to the six foot wall that will be constructed along the front yard setback. 1. Should the waiver to Section 4.6.5(C) allowing two seven foot piers and two nine foot piers be granted? Yes 5 No 0 2. Should the waiver to Section 4.6.5(C) allowing an eight foot gate be granted? Yes 5 No 0 1 City Commission Meeting of December 9, 2014; Item 9.A. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies this waiver request. G. Based on the entire record before it, the City Commission hereby adopts this Order this 9th day of December 2014, by a vote of �5�in favo posed. ATTEST: Cary D. G cks in, Mayor Chevelle Nubin, City Clerk 2 City Commission Meeting of December 9, 2014; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR 110 EAST ATLANTIC AVENUE (SOPRA CENTER) 1. This in lieu parking fee request for the purchase of four (4) parking spaces in -lieu has come before the City Commission on December 9, 2014. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for 110 East Atlantic Avenue (Sopra Center). All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to conversion of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of conversion of use, no existing parking spaces may be eliminated. The applicant is requesting to purchase four spaces at $23,660.00 per space for a total of $94,640.00. Does the In Lieu Parking Fee request for the purchase of four (4) parking spaces in -lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Payment will be made pursuant to an In -Lieu of Parking Fee Agreement as per LDR Section 4.6.9(E)(3)(c). Yes 5 No 0 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the City Commission Meeting of December 9, 2014; Item 9.B. Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4, The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 9nd day of December, 2014, by a vote of opposed. TTEST Chevelle Nubin, City Clerk 2 5 in favor and 0 Cary D. Glic n, Mayor City Commission Meeting of December 9, 2014; Item 9.B. MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: April 29, 2015 SUBJECT: AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF MAY 5, 2015 UPDATE ON THE LEGISLATIVE SESSION - REPRESENTATIVE BILL HAGER MEMORANDUM TO: Mayor and City Commissioners FROM: Joan K. Goodrich, Economic Development Director THROUGH: Donald B. Cooper, City Manager DATE: April 17, 2015 SUBJECT: AGENDA ITEM 5.B. - REGULAR COMMISSION MEETING OF MAY 5, 2015 WE HEART SMALL BIZ MONTH PRESENTATION BACKGROUND Since 1963 and led by the U.S. Small Business Administration, cities and towns across the U.S. have celebrated, thanked and recognized the contributions of small business to local economies every May. This year, National Small Business Week will be held from May 4 -8, 2015. The City of Delray Beach is joining in this tradition with its first -ever "We Heart Small Biz" month organized and produced by the Delray Beach Office of Economic Development, Delray Beach Community Redevelopment Agency, Downtown Development Authority, Greater Delray Beach Chamber of Commerce, the Delray Beach Marketing Cooperative, West Atlantic Redevelopment Coalition, and FSBDC at Palm Beach State College. Workshops, seminars, forums, business walks and networking events are planned for small businesses beginning in late April and commencing in early June 2015. DISCUSSION Copies of the proclamation will be given to Delray Beach's economic development team including representatives from the Delray Beach Office of Economic Development, Delray Beach Community Redevelopment Agency, Downtown Development Authority, Greater Delray Beach Chamber of Commerce, the Delray Beach Marketing Cooperative, West Atlantic Redevelopment Coalition, and FSBDC at Palm Beach State College WHEREAS, small businesses account for ninety -three percent of all businesses in Delray Beach and are vital to our local economy; and WHEREAS, small businesses improve our community by providing jobs, products, services and charitable contributions that support our residents, organizations and schools to enhance our quality of life; and WHEREAS, small business owners embody the spirit of innovation and perseverance that drives Delray Beach's entrepreneurial culture and uniqueness; and WHEREAS, local businesses are supported by a steadfast and devoted economic development team from the City of Delray Beach, the Delray Beach Community Redevelopment Agency, Downtown Development Authority, Greater Delray Beach Chamber of Commerce, the Delray Beach Marketing Cooperative, West Atlantic Redevelopment Coalition, and FSBDC at Palm Beach State College; and WHEREAS, communities and public agencies across the U.S. participate in an annual observance and celebration of Small Business during the month of May; and WHEREAS, the government of the City of Delray Beach acknowledges and appreciates the investment that every local small business owner has made by choosing to make Delray Beach their place of business. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 2015 as: WE HEART SMALL BIZ MONTH in the City of Delray Beach, Florida, and do encourage the residents and businesses of our community to support local businesses and participate in the planned activities throughout the month. 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 5th day of May, 2015. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: May 1, 2015 SUBJECT: AGENDA ITEM 5.C. - REGULAR COMMISSION MEETING OF MAY 5, 2015 UPDATE ON THE LEGISLATIVE SESSION - SENATOR MARIA SACHS MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 31, 2015 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MAY 5, 2015 ACCEPT FUNDING FOR TROLLEY SERVICES FROM THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY (SFRTA) BACKGROUND In May 2013, the City entered into an agreement with the South Florida Regional Transportation Authority, (SFRTA) for funding the Downtown Roundabout trolley services in an amount not to exceed $75,000 per year for a 2 -year trial period. The agreement of 100% funding with no matching funds required, expires on June 30, 2015. The SFRTA has agreed to provide one additional year of funding effective July 1, 2015 through June 30, 2016, under the same terms and conditions of the original agreement. Attached for your review and approval is the draft agreement; staff is awaiting a revised agreement from the SFRTA. It is noted that in fiscal year 2014, the Downtown Roundabout logged in excess of 277,000 riders. Attached: * Current Agreement * Draft Agreement DISCUSSION The City Commission is being asked to consider entering into an agreement with the SFRTA for funding of trolley services up to $75,000 for the period of July 1, 2015 through June 2016. TIMING OF THE REQUEST This item is urgent as the SFRTA needs the signed agreement back in early May to receive approval of the agreement by the SFRTA Governing Board scheduled for May 22, 2015. RECOMMENDATION By motion, approve an agreement with the SFRTA for funding of trolley services up to $75,000 for the period of July 1, 2015 through June 2016. INTERLOCAL AGREEMENT Between CITY OF DELRAY BEACH And SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY For THE FUNDING OF SHUTTLE BUS SERVICE FOR THE DELRAY BEACH DOWNTOWN ROUNDABOUT This Interlocal Agreement (the "Agreement ") is being entered into this �6 day of 2013, by and between the SOUTH FLORIDA REGIONAL TRAN ORTATION AUTHORITY, 800 NW 33rd St., Pompano Beach, Florida 33064 (hereinafter referred to as the "SFRTA "), and the CITY OF DELRAY BEACH, 100 NW I st Avenue, Delray Beach, FL 33444 (hereinafter referred to as the "CITY "). WITNESSETH: WHEREAS, the CITY currently provides two shuttle bus routes that serve downtown Delray Beach and the beach via Atlantic Avenue within the City of Delray Beach (hereinafter referred to as the "Downtown Roundabout Shuttle Bus "); and WHEREAS, SFRTA, as a regional provider of transit service, performs transit planning for the region as one of its functions, and has evaluated the CITY's existing two shuttle bus routes because the shuttles also serve SFRTA's Delray Beach Tri -Rail Station; and WHEREAS, based upon the evaluation, including a field review, on -board observation and counts of existing passengers, SFRTA operations staff has made recommended service modifications to the CITY to improve the productivity of the routes; and WHEREAS, SFRTA has determined, based on the proposed service expansion and existing ridership data, that the Downtown Roundabout Shuttle Bus performs very well with high rider - per -hour scores and benefits Tri -Rail ridership; and WHEREAS, SFRTA wishes to assist the CITY in implementing the proposed expansion of its Downtown Roundabout Shuttle Bus service on a demonstration basis for two years by providing funding to the CITY; NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, SFRTA and the CITY agree as follows: ARTICLE 1 — SHUTTLE BUS SERVICES 1.1 The CITY shall provide the Downtown Roundabout Shuttle Bus service based on the expansion of its service as identified on Exhibit "A" of this Agreement. 1.2 Although, SFRTA is providing funding for CITY's Downtown Roundabout Shuttle Bus, SFRTA is not contracting with the CITY for shuttle bus service and the CITY is not acting as a contract provider of shuttle bus service to SFRTA. The CITY shall continue using its own contractor and buses and retain total responsibility for the operation of the service. The CITY is also responsible for compliance with all local, State and Federal laws and requirements relating to the Downtown Roundabout Shuttle Bus. ARTICLE 2 — TERM OF AGREEMENT 2.1 This Agreement shall become effective upon execution by both parties. The term of this Agreement shall be for two (2) years commencing on July 1, 2013, and terminating on June 30, 2015. At the end of the demonstration period, service will be evaluated for continued funding. ARTICLE 3 — COMPENSATION 3.1 SFRTA shall provide operational funding for the Downtown Roundabout Shuttle Bus in an annual amount not to exceed $75,000 for Year I and $75,000 for Year 2. 3.2 CITY shall receive payment from SFRTA quarterly in an amount not to exceed one - fourth (1 /4th) of SFRTA's required annual contribution within forty -five (45) days from the date of a receipt of an invoice from the CITY for services performed during the prior quarter. 3.3 SFRTA, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void and no money may be paid on such contract. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, SFRTA's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by SFRTA's Governing Board. ARTICLE 4 — PROJECT COORDINATION AND RESPONSIBILITIES 4.1 The CITY's Project Manager for this Agreement shall be the Parking Management Specialist of the CITY or a designee. SFRTA's Project Manager shall be Operations Project Manager, or other authorized representative. 2 4.2 In consideration of SFRTA's provision of funding for the Downtown Roundabout Shuttle Bus, the CITY shall provide monthly reports to SFRTA to enable SFRTA to report the Downtown Roundabout Shuttle Bus operating data as part of its National Transit Database ( "NTD ") reporting responsibilities. At a minimum, the monthly reports shall contain Daily Passenger Counts, Operator Manifests, Revenue Hours, Deadhead Hours, Monthly Revenue Miles, Deadhead Miles, Vehicles Operated, Fuel Gallons Consumed, Vehicle Maintenance Costs, and Number of Days Operated. The CITY shall provide such additional information as SFRTA requires it for its NTD reporting. NTD reporting data shall be transmitted to SFRTA within ten (10) calendar days from the last day of each month. ARTICLE 5 — INSURANCE 5.1 Insurance shall be provided by CITY's shuttle bus contractor, with the coverages and minimum limits contained in Exhibit B, attached to this Agreement. SFRTA shall be named as an additional insured on the contractor's Commercial General Liability and Automobile insurance policies. ARTICLE 6 - TERMINATION 6.1 If through any cause within the reasonable control of SFRTA, SFRTA shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations which are material to this Agreement, the CITY may thereupon give written notice to SFRTA of such default and specify what actions must be taken to cure said default to avoid termination hereunder. SFRTA shall have sixty (60) days to cure said default or such additional period authorized by the CITY. In the event that SFRTA shall not have cured said default to the satisfaction of the CITY by such deadline, then this Agreement may be terminated by the CITY upon notice of termination to SFRTA. 6.2 If through any cause within the reasonable control of the CITY, the CITY shall fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements, or stipulations which are material to this Agreement, SFRTA may thereupon give written notice to the CITY of such default and specify what actions must be taken to cure said default and avoid termination hereunder. The CITY shall have sixty (60) days to cure or additional period authorized by SFRTA. In the event that the CITY shall not have cured said default by such deadline, then this Agreement may be terminated by SFRTA upon notice of termination to CITY. 6.3 In the event either party terminates this Agreement for cause the terminating party shall have all remedies available to it under State law against the party being terminated and the party being terminated shall have available all rights available under State law to defend itself if the terminating party seeks to have any remedies opposed on it. 6.4 Termination for Convenience. Either party may terminate this Agreement, in whole or in part, for convenience, at any time by giving sixty (60) days written notice to the other of its intent to terminate for convenience. In the event the CITY terminates this Agreement or ceases to continue the expanded service for the Downtown Roundabout Shuttle Bus, SFRTA shall cease paying the CITY under this Agreement from the date the Agreement or the service expansion is terminated. ARTICLE 7 — CHANGES AND MODIFICATIONS 7.1 Upon the execution and delivery of this Agreement, it is understood and agreed that any and all previous agreements and understandings, both written and oral, between the parties are cancelled and have been superseded by this Agreement and that this Agreement embodies and sets forth all understandings between the parties. 7.2 Modifications to this Agreement must be made in the form of a written amendment signed by the CITY and SFRTA. ARTICLE 8 - NOTICES 8.1 Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, or other commonly accepted document carrier, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For CITY: For SFRTA: City of Delray Beach Attn: Municipal Services Director with a copy to: City of Delray Beach Attn: City Attorney South Florida Regional Attn: Director of Operations 800 N.W. 33rd Street Pompano Beach, FL 33064 with a copy to: South Florida Regional Transportation Authority Attn: Teresa Moore, General Counsel 800 NW 33rd Street Delray Beach, FL 33432 Pompano Beach, FL 33064 ARTICLE 9 — STATE LAW AND VENUE 9.1 This Agreement shall be construed and interpreted according to the laws of the State of Florida and venue with respect to any litigation shall be Palm Beach County, Florida, whether in state or federal court. 4 ARTICLE 10 —FORCE MAJEURE 10.1 In the event the performance by the CITY of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence, whether such occurrence be an act of God, common enemy or the result of war, labor unrest or dispute, riot, civil commotion or sovereign conduct, or any other act or event which the CITY reasonably determines will interfere with its ability to perform, the CITY shall be excused from performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof. In such event, SFRTA shall not be require to pay the CITY for the period of nonperformance. 10.2 In the event the performance by SFRTA of any of its obligations or undertakings hereunder shall be interrupted or delayed by any occurrence, whether such occurrence be an act of God, common enemy or the result of war, labor unrest or dispute, riot, civil commotion or sovereign conduct, or any other act or event which SFRTA reasonably determines will interfere with its ability to perform, SFRTA shall be excused from performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof. ARTICLE 11 — SUCCESSORS AND ASSIGNS 11.1 Subject to other provisions hereof, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. ARTICLE 12 — JOINT PREPARATION 12.1 The .preparation -Rthis Agreement has been a joint effort of the parties, and the resulting document shall not be construed more severely against one of the parties than the other. ARTICLE 13- SOVEREIGN IMMUNITY 13.1 SFRTA and CITY each acknowledge the partial waiver of sovereign immunity for liability in tort contained in Section 768.28, Florida Statutes, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or property damage caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense that the parties may have under such statute, nor as consent to be sued by third parties. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective date under each signature: SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, signing by and through its Chair, duly authorized to execute same, and the CITY OF DELRAYCH signing by and through its Mayor, authorized to execute same by Council action on the day of 2013. ATTEST: CITY OF DELRAY BEACH Date: \y By: City Clerk C G 'ckstein Approved as to Form and Legal Sufficiency: By: City Attorney ATTEST: all SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY Date: 6 1711-3 gy Chair (Seal) Monday Rte 1 6 AM - 7PM Rte 2 6:45A- 11:15P Revised May 28, 2013 EXHIBIT A DOWNTOWN ROUNDABOUT SHUTTLE BUS EXPANSION Exhibit A DELRAY BEACH TROLLEY SERVICE SCHEDULE Tuesday Wednesday Thursday 6AM -7PM 6AM -7PM 6AM -7PM 6:45A- 11:15P 6:45A- 11:15P 6:45A- 11:15P Friday Saturday Sunday TOTAL HRS./WK 6AM -7PM 8AM -6PM 8AM -6PM 85 6:45A- 11:15P Noon - 11PM Noon - 11PM 104.5 Total Hrs. Per Week 189.5 IV m oto y r � a-In n -i 0 nC3) O zz O � z °r ■ cn --I --I r- Z r n m-< -< m f1 moo w -< .Z7 C C N v N N O N z c cn 7e�' CONGRESS AVE. m O 5W 12TH AVE. n m 0 T Z a3 D m X m "< J m C m NW 5TH AVE. D SW 5TH AVE. �� NW 5TH AVE. EEE��IIIYYY cn - ° D � v � vOr r1 —i n m m m O m� ZZ� z 1: ■� n M z _ M C 010 z - m 2 n m co v © _ tA o S. SWINTON AVE` v p V ° a v ° N. SWINTON AVE. 50 — � r^ ry Fa m m �' 47 Z tA mg mj ;o LA SE GG11� BANKERS ROW 2ND AVE. q=4 r z NE 2ND AVE O a z Z n Z � D SOUTHBO ND o FEDERAL WY. — H NE 5TH AVE. DO 'AMH 1V213a3d aNnO`8H121ON n � o a i Atlantic Ocean © o E. °z n LNE 6TH AV A �D m �z z N n o Intrac v v astal Waterway o _ N BLVD. x Exhibit "B" Indemnification: VENDOR shall defend, indemnify, save harmless, and exempt the CITY, CRA, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by the VENDOR or subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the CITY or CRA,. In connection with any legal proceedings arising hereunder, the CITY or CRA reserves the right to retain counsel of its choice and at its own expense, or, in the alternative, approve counsel obtained by the VENDOR. Nothing in this contract shall be deemed to adversely affect the rights, privileges and immunities of the CITY, or CRA, as set forth in Florida Statute 768.28. VENDOR agrees to protect, defend, reimburse, save, indemnify and hold the CITY, CRA, or SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, (hereafter SFRTA), their successors or assigns, and their respective directors, officers, employees, servants and agents, free and harmless at all times, and against any and all suits, actions, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature arising out of its use, possession, operation and maintenance of the trolley buses or the Project, and whether directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of any act, omission, fault or negligence whether active or passive, of the CITY, CRA, SFRTA and, or anyone acting under the CITY's, CRA's, SFRTA's or direction or control. The VENDOR further agrees to indemnify, defend, save and hold harmless the CITY, CRA, SFRTA and, their successors or assigns, and their respective directors, officers, agents, servants and employees, from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of any conduct or misconduct of the VENDOR not included in the paragraph above and for which the CITY, CRA, SFRTA or their respective directors, officers, agents, servants or employees are alleged to be liable. VENDOR'S hold harmless and indemnity obligations described herein shall apply to the fullest extent permitted by law. VENDOR'S obligations hereunder shall include and encompass any liability which may inure or accrue to the CITY, CRA, or SFRTA. Any compromise or settlement of any claim or satisfaction of judgment by VENDOR for itself, CITY, CRA, or SFRTA shall not relieve VENDOR of its obligations to any entity not included within or made a party to such settlement or satisfaction. Commercial General Liability Insurance: Shall be written on the most current ISO Occurrence Form, or equivalent, to cover legal liabilities arising from premises and operations, independent VENDOR'S, contractual (indemnification) agreement, products and completed operations, personal injury and XCU exposures as required by the work to be performed under this Contract, unless waived by the CITY. The combined bodily injury and property damage limit shall not be less than $1,000,000 per occurrence with an annual aggregate of $2,000,000. Automobile Liability Insurance: Shall be maintained in accordance with the laws of the State of Florida to cover the ownership, maintenance and /or use of all owned, non - owned, or hired vehicles as required by the work to be performed under this Contract. The combined bodily injury and property damage limit shall not be less than $5,000,000 per occurrence. Workers' Compensation Insurance: Shall be provided and maintained in accordance with Statutory Requirements of the State of Florida. Included shall be Employee's Liability Insurance to protect against on-the-job injury or illness which may not fall within the provisions of the Florida State's Workers' Compensation Law. The limits shall be no less than $500,000 each accident, and an occupational disease limit of $500,000 per employee /$500,000 aggregate. Additional Insured: The CITY OF DELRAY BEACH, CRA, and SFRTA shall be included as an additional insured by way of the most current ISO endorsement, or its equivalent, on the vendor's liability insurance policies required under this contract. Evidence of Insurance: Prior to the commencement of any work by the VENDOR under this Contract the CITY must receive and approve Certificates of Insurance evidencing provision of the insurance coverage and requirements as required by this Contract. Certified copies of the policies will be provided if requested by the CITY. Renewal Certificates shall be provided to the CITY at least ten (10) days prior to the expiration of any policy. If at any time the VENDOR fails to maintain, or provide evidence of insurance coverage required by this Contract, all work may be halted by the CITY. Cancellation /Changes /Renewal: At least thirty (30) days written notice must be given to the CITY of any cancellation, intent to non - renew, or material reduction or change in insurance coverage. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY THIS AMENDMENT No. 1 to the Interlocal Agreement between the SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ( "SFRTA ") and the CITY OF DELRAY BEACH ( "City ") dated May 30, 2013 and which came into effect on June 7, 2013 is hereby amended this day of , 2015. WITNESSETH: WHEREAS, the parties entered into an agreement effective June 7, 2013, in which SFRTA promised to provide operational funding for the Downtown Roundabout Shuttle Bus service in the amount not to exceed $75,000 a year for two years; and WHEREAS, SFTRA desires to provide the City with an additional year of funding for the Downtown Roundabout Shuttle Bus service in an amount not to exceed $75,000. WHEREAS, the parties desire to amend the agreement to extend the term of the interlocal agreement one year. NOW, THEREFORE, the parties hereto in consideration of the covenants herein contained agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. The Agreement is modified to include the following language: ARTICLE 2 — TERM OF AGREEMENT 2.1 This Agreement shall become effective upon execution by both parties. The term of this Agreement shall be for #three years commencing on July 1, 2013, and terminating on jWRe 2 June 30, 2016. At the end of the demonstration period, service will be evaluated for continued funding. ARTICLE 3 — COMPENSATION 3.1 SFRTA shall provide operational funding for the Downtown Roundabout Shuttle Bus in an annual amount not to exceed $75,000 for Year 1 LapA-$75,000 for Year 2, and $75,000 for Year 3. 3. Entire Aareement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective date under each signature: SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, signing by and through its Chairperson, duly authorized to execute same, and CITY OFDELRAY BEACH, signing by and through its Mayor, authorized to execute same by Commission action on the day of , 2015. ATTEST: City Clerk Approved as to Form and Legal Sufficiency: By: City Attorney ATTEST: Jack L. Stephens, Executive Director (Affirm Corporate Seal) Approved as to Form and Legal Sufficiency: By: Teresa J. Moore, General Counsel 061 CITY OF DELRAY BEACH Date: By: Name: Title: Mayor SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY Date: By: Bruno Barreiro, Chair (Seal) STATE OF COUNTY OF (name The foregoing instrument was acknowledged before me this day of 2015 by , as 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 Person Taking Acknowledgment Name Typed, Printed or Stamped 3 LU J LU V Z LLU O r A� H V ac O ma aZ Ids O r�z 11930 D /lue /lv a ® �4/1l8 N m k as m F �ei�aaleM x a v0i W Q r �o�d lelseooealul ° LL z a e a W NOINIMS o N Z 0 '3" H19 3N = a c F W Q '3" = y J cn �co 0¢ a a #1 Z /J1 W 0 V z 80 O x " _ � 10 Olin = E3 '3" HIS 3N Q j �z� m <r �_ W J Z Z W C F u MQ }WF w� ^ ~ W o p a p Z z z � 0 w I I MON 3Atl ONZ 3N J SN3NNV8 11930 D /lue /lv ® m k as F N x a v0i W Q '3" 'N ° LL z a t W NOINIMS o F 0 W c F W Q '3" = y J cn �co 0¢ a a #1 � � = /J1 W 0 z J _ � 10 Olin = E3 z Q Q �z� O J Z Z W C F u MQ }WF w� ^ ~ W o p a p 11930 D /lue /lv ui '3At/ SS3119NOJ N O Z N a cc o N > > C[ co co W w > > cn CD J Z Z Z CC O O CC OJ H U U H ono 41-4 m cc z AMH lV'd3O33 8N AMH IV113033 8S /ONZ 3S '3Atl HIS MS J Q Z m O ~ J V% W c O N N O C i N t v U) N N a) 3 -'-e N 0 N (D U) o Or Cc r 0 O N o +� c co ro �Qo 0) O O 4) (h r C � � LQ Q Q r O O O O O mt Q0 00 cc C C to T O N N r C� C C Q G - E O O LO O O CO ¢O r (`') C`') c 00 y > > LL CO N N N w co co 0 06 Q Q � (D 0 0 Om N O a) a) 7 C .�-• N :3 0 0 c U) = _ � U) m U) iP W N C W '3Atl HIS MN W 3Atl HIS MS F m W N 5' W Q cc y L.6J cn Q 0¢ a a #1 � Z W 0 � J Q t1 ui '3At/ SS3119NOJ N O Z N a cc o N > > C[ co co W w > > cn CD J Z Z Z CC O O CC OJ H U U H ono 41-4 m cc z AMH lV'd3O33 8N AMH IV113033 8S /ONZ 3S '3Atl HIS MS J Q Z m O ~ J V% W c O N N O C i N t v U) N N a) 3 -'-e N 0 N (D U) o Or Cc r 0 O N o +� c co ro �Qo 0) O O 4) (h r C � � LQ Q Q r O O O O O mt Q0 00 cc C C to T O N N r C� C C Q G - E O O LO O O CO ¢O r (`') C`') c 00 y > > LL CO N N N w co co 0 06 Q Q � (D 0 0 Om N O a) a) 7 C .�-• N :3 0 0 c U) = _ � U) m U) iP MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: April 14, 2015 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MAY 5, 2015 RETROACTIVE APPROVAL OF AGREEMENT /FATKING FILMS, LLC /USE OF TENNIS STADIUM BACKGROUND Fatking Films, LLC approached the City of Delray Parks & Recreation, through JCD Sports Group, Inc., regarding rental of the Municipal Tennis Stadium for the filming of a television commercial on April 8, 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 Parks & Recreation staff consulted with the City Manager who permitted the activity contingent on compliance with the specific requirements (filming time frame and access at the venue) and at the rate noted. 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 the agreement for use of Tennis Stadium on April 8, 2015 to Fatking Films, LLC for the purpose of filming a commercial. AGREEMENT FOR USE OF TENNIS CENTER THIS AGREEMENT FOR USE OF TENNIS CENTER, is entered into this 7th day of April, 2015 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "City ") and Fatking Films, LLC, a New York limited liability company, with an address of 385 Troutman Street #302, Brooklyn, NY (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 April 8, 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 April 8th , between the hours of 6 A.M. until 9:45 A.M and 12:30 PM. until 2:45 P.M. and 5:30 P.M. until 10:30 P.M. 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 stadium, selected hard courts, clubhouse, restroom facilities, and a portion 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, 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 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. 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 7 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 April 8, 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. Assienmept. 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 Clerk CITY OF DELRAY BEACH, FLORIDA, 3 Cary Glickstein, Mayor Approved as to Form: 1_5 City Attorney (print or type name) STATE OF Florida COUNTY OF palm Beach Fatking Films, LLC By: (print or type name) GAIL VANHOVE SAY (SEAL)'';: wv ccnlissroly a :s 11a ?rP EXPIRES: December 3, 2015 a,p Bonded Thru Notary Public Underwriters The foregoing instrument was acknowledged before me this 8 day of April , 2015 by Lars Ruch (name of officer or agent, title of officer or agent) of Fatking Films, LLC a New York limited liability company, on behalf of the corporation. He /She is personally known to me or has produced drivers license (type of identification) as i entification and did (did not) take an oath. �4 Signature of tary Public -State of Florida 4 Ortega, Diomaris From: Davis, Suzanne Sent: Thursday, April 30, 2015 9:41 AM To: Ortega, Diomaris Subject: FW: Commercial Shoot - Martina Navratilova - Fatking Films, LLC Please see email below. Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561- 243 -7250 Or= L g A Y B E A C A Paris #ion View our Summer 2015 Activities Guide From: Cooper, Donald Sent: Tuesday, April 07, 2015 4:38 PM To: Davis, Suzanne Cc: Pfeffer, Noel Subject: RE: Commercial Shoot - Martina Navratilova - Fatking Films, LLC approved From: Davis, Suzanne Sent: Tuesday, April 07, 2015 1:31 PM To: Cooper, Donald Subject: FW: Commercial Shoot - Martina Navratilova - Fatking Films, LLC Seeking your approval for this commercial shoot for 4/8/15. This is the same agreement as previously used and was drafted by the City Attorney's office. I will place on consent agenda like we did for the other commercials. Suzanne F. Davis, CPRP Director City of Delray Parks & Recreation 50 NW 1st Street Delray Beach, FL 33444 561- 243 -7250 ,'110� br= L AY 9E AC, ti Parks 6 Ri�crcation View our Summer 2015 Activities Guide From: sflgolf @aol.com [mailto:sflgolf @aol.com] Sent: Tuesday, April 07, 2015 12:57 PM To: sflgolf(a)aol.com; Davis, Suzanne Cc: Dutko, Michael; Preston, Doug Subject: Re: Commercial Shoot - Martina Navratilova - Fatking Films, LLC One more change to the date. Sharon Painter JCD Sports Group Sharon a-icdsportsgroup.com 561 - 265 -0255 - office 561 - 716 -6016 - cell - - - -- Original Message---- - From: sflgolf <sflgolf(c)aol.com> To: daviss <davissa- mydelraybeach.com> Cc: dutkom <dutkom(a)_mydelraybeach.com >; Preston <prestona- mydelraybeach.com> Sent: Tue, Apr 7, 2015 12:50 pm Subject: Re: Commercial Shoot - Martina Navratilova - Fatking Films, LLC Sorry forwarded wrong document in email below please see correct document attached. Sharon Painter JCD Sports Group Sharon (a)-icdsportsgroup.com 561 - 265 -0255 - office 561 - 716 -6016 - cell - - - -- Original Message---- - From: sflgolf <sflgolf(a)-aol.com> To: daviss <daviss(a)-mydelraybeach.com> Cc: dutkom <dutkom(a)-mydelraybeach.com> Sent: Mon, Apr 6, 2015 4:30 pm Subject: Commercial Shoot - Martina Navratilova - Fatking Films, LLC Hi Suzanne - This is another commercial shoot for Wednesday of this week. I know this is short notice but this is how the commercial folks "roll ". I am copying Mike and if he is okay with this will put in a pdf format and send to the producer. They will be here tomorrow afternoon to review site, sign contract and give us a check. Give me a call if you have any questions. Sharon Painter JCD Sports Group Sharon (a)-icdsportsgroup.com 561 - 265 -0255 - office 561 - 716 -6016 - cell MEMORANDUM TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Jeffrey S. Goldman, Police Chief THROUGH: Donald B. Cooper, City Manager DATE: April 6, 2015 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MAY 5, 2015 GRANT APPLICATION/DEPARTMENT OF JUSTICE BULLETPROOF VEST PROGRAM BACKGROUND The Delray Beach Police Department requests approval to submit an application to the Department of Justice's Bulletproof Vest Program. If awarded, this program would provide 50% of the cost of the bulletproof vests purchased for our Police officers. The Delray Beach Police Department currently has a Bulletproof Vest award with the Department of Justice and this application represent an opportunity to extend our current award program. Bulletproof vests are necessary life- saving equipment which Law Enforcement Agencies are required to procure. According to the DOJ website, "The Bulletproof Vest Partnership (BVP) is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement." The Department is projecting about ten vest purchases in a fiscal year at an approximate cost of $602.50 per vest. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. Grant application has no purchasing impact. Once grant is awarded, vest purchases must comply with purchasing code. DISCUSSION The Police Department seeks approval to submit an application to the Department of Justice's Bulletproof Vest Program for purchase of bulletproof vests. If awarded, the program reimburses 50% of the cost. TIMING OF THE REQUEST This request is time sensitive due to the program application deadline of May 13, 2015. FUNDING SOURCE Funding for the bulletproof vests for FY 15/16 will be included in account 001 - 2115 -521 -52.27 and /or 001 - 2111- 521 - 52.27. RECOMMENDATION Motion to approve application to the Department of Justice's Bulletproof Vest Program. If approved, program would provide for the 50% of the cost of the bulletproof vests purchased for our Police officers. MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: April 28, 2015 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF MAY 5, 2015 PROCLAMATIONS WHEREAS, the health and well -being of the citizens of Delray Beach, Florida is of the utmost importance; and WHEREAS, according to the Center for Disease Control, Lyme disease is a rapidly emerging infectious disease, with an estimated 300,000 new cases per year, 10x higher than previously reported; and WHEREAS, the Center for Disease Control's statistics show an overall increase in Lyme cases in Florida and other areas of the United States in recent years. Florida is ranked 2011, for reported cases; and WHEREAS, Florida is considered "endemic" for Lyme disease by the Center for Disease Control; and WHEREAS, Lyme disease is typically transmitted by black - legged ticks or lone star ticks, both of which are found in Delray Beach, Florida; and WHEREAS, more strains and species of Borrelia Burgdorferi, the bacteria that cause Lyme disease have been discovered in Florida compared to the Northeast. Standard labs only test for a single strain of Lyme disease; and WHEREAS, ticks with Lyme disease and other tick -borne diseases have been discovered in Delray Beach, Florida. These ticks are carried by wildlife as well as domestic animals into the backyards and homes where citizens and tourists work and recreate; and WHEREAS, when Lyme disease is not promptly diagnosed and /or properly treated, it can affect the brain, heart, joints, and other body organs. Lyme disease mimics many other diseases, and as a result, patients are often misdiagnosed with more familiar conditions including rheumatoid arthritis, chronic fatigue, fibromyalgia, multiple sclerosis, amyotrophic lateral sclerosis or psychiatric illness; and WHEREAS, ticks found within Delray Beach may also transmit Babesiosis, Bartonellosis, Anaplasmosis, Ehrlichiosis, and Rocky Mountain Spotted Fever to its residents; and WHEREAS, Lyme disease may be successfully treated with a short-term course of antibiotics if diagnosed early; however, for patients whose Lyme disease is not identified early and /or when co- infections are present, complex and ongoing symptoms may require more aggressive treatment as acknowledged by the Centers for Disease Control and Prevention and the International Lyme and Associated Diseases Society; and WHEREAS, preventative measures include spraying clothing, shoes and skin with appropriate tick repellants; checking for ticks at least once per day; and proper tick removal aid in the prevention of the disease; and WHEREAS, citizens of Delray Beach, Florida often describe their difficulties in obtaining diagnosis and treatment within the city. 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 May 2015 as: LYME DISEASE AWARENESS MONTH in the City of Delray Beach and encourage all residents to participate in activities to support Lyme disease education and the funding of research programs to find a cure. 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 5th day of May, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, Audiologists in Delray Beach, Florida, and nationwide observe and celebrate Better Hearing Month each year during the month of May; and WHEREAS, the city of Delray Beach recognizes and values the efforts of all who work to eliminate or minimize the isolating effects of communication disorders in the one in five families affected by them; and WHEREAS, more than half of the people with hearing loss are younger than age 65; and WHEREAS, hearing loss is the third most common health problem in the United States; and WHEREAS, our citizens who have overcome communication disabilities through the services of Audiologists are now able to lead independent, productive, and fulfilling lives; and WHEREAS, the city of Delray Beach is proud and honored to have Audiologists offering quality education and health care services to its citizens. NOW, THEREFORE, I, Cary D. Glickstein, Mayor of the City of Delray Beach, on behalf of the City Commission, do hereby proclaim May 2015 as: "Better Hearing Month" and encourage all citizens to recognize the achievements of Audiologists in improving the quality of life for people with communication disorders. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 5th day of May, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy, Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May as: CIVILITY MONTH in Delray Beach, Florida and call upon all citizens to exercise civility toward each other. 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 5h day of May, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands; and WHEREAS, however, our waterways can become crowded at times and be a place of chaos and confusion. While being a marvelous source of recreation, boating, to the unprepared, can be a risky sport; and WHEREAS, not knowing or obeying the Navigation Rules or the nautical "Rules of the Road," drinking alcohol or taking drugs while operating a boat, or choosing not to wear your life jacket when doing so is clearly not the smart thing to do, are all examples of human error or a lack of proper judgment; and WHEREAS, one particular behavior that can reduce the number of boaters who lose their lives by drowning each year by approximately 80% is the wearing of a life jacket, it is a simple task that has the potential to reduce terrible loss in lives; and WHEREAS, knowledge and skills are important in reducing human error and improving judgment, if people are aware of the risk, they are likely to take the precautionary measures to protect themselves and their friends and family; and WHEREAS, that is why we must continue to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year; and WHEREAS, on average, 700 people die each year in boating - related accidents in the U.S.; approximately 70% of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they wom their life jackets; and WHEREAS, today's life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray, Florida, on behalf of the City Commission, do hereby proclaim the Week of May 16 -22, 2015, as: National Safe Boating Week in the City of Delray Beach. We urge all citizens to start the year -round effort of promoting safe boating habits by encouraging all those who boat, to "Wear it." 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 5"' day of May, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors; and WHEREAS, Florida's water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes, and WHEREAS, Florida's permitted reuse capacity exceeds 1.7 billion gallons per day (more than 66 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, Florida leads the nation in reusing 719 million gallons of reclaimed water each day to conserve freshwater supplies and recharge our freshwater resources; and WHEREAS, the State of Florida has declared the week of May 17 -23, 2015, to be Water Reuse Week in Florida; and WHEREAS, the City of Delray Beach has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, the City of Delray Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 17 -23, 2015, as: WATER REUSE WEEK and call upon each citizen and business to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. IN WITNESS WHEREOF, I have hereunto set my hand this 5t" day of May, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, Delray Medical Center has treated 1,799 trauma patients last year and 26,054 trauma patients since May 1, 1991; and WHEREAS, trauma is the leading cause of death of Florida residents between 1 and 44 years old; and WHEREAS, skilled treatment, and rehabilitation of trauma patients results in a reduction of physical, emotional, and financial costs of traumatic injuries; and WHEREAS, trauma physicians, nurses and other staff at Delray Medical Center and Pinecrest Rehabilitation Hospital are dedicated to ensuring trauma patients receive lifesaving care and reintegration into the community; and WHEREAS the American Trauma Society has declared May 2015 to be Trauma Awareness Month in the United States with the focus on contributors to motor vehicle crashes — Drugs /Drinking, Distraction and Drowsiness, "3D Trauma Prevention "; and NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 18, 2015: TRA UMA A WARENESS DAY in Delray Beach, Florida and ask that each citizen show their appreciation for all the physicians, paramedics, nurses, administrators, and support personnel who serve the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach to be affixed this 5th day of May, 2015. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: April 28, 2015 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF MAY 5, 2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Planning and Zoning Board Meeting of April 20, 2015 A. Approved with conditions (5 to 1, Christopher Davey dissenting and Robin Bird absent), the preliminary plat for Atlantic Crossing, located between East Atlantic Avenue and NE 1st Street and between NE 6th Avenue and Veterans Park and also including the parcel of land located at the northeast corner of NE 7th Avenue and NE 1 st Street. B. Approved with conditions (6 to 0 Robin Bird absent), a master development plan for Delray Square within the Four Corners Overlay District, located at the northeast corner of West Atlantic Avenue and Military Trail associated with the demolition and replacement that includes relocation of the existing Publix building within a new retail shopping center, including provision of a drive -thru pharmacy, along with the creation of two new restaurant outbuildings along West Atlantic Avenue, one of which will have drive -thru lanes. Concurrently, the Board approved the following waivers: a) Approved (6 to 0, Robin Bird absent) a waiver to LDR Section 4.4.9(17)(3)(f)(2), which requires a twenty -five foot (25') building setback for parcels within the master development plan. b) Approved (6 to 0, Robin Bird absent), a waiver to LDR Section 4.4.9(17)(3)(d)(1)(d), which requires a twenty -five foot (25') landscape buffer between internal parcels within the Master Plan. c) Approved (6 to 0, Robin Bird absent), a waiver to LDR Section 4.4.9(G)(3)(e)(1)(a), which requires that land area equivalent to at least twenty -five percent (25 %) open space be included with the master development plan area. d) Recommended approval (6 to 0, Robin Bird absent), to the Site Plan Review and Appearance Board (SPRAB) to allow a waiver to LDR Section 4.6.16(B)(4), which requires any modification to an existing development which results in an increase of twenty -five percent (25 %) in the gross floor area of the structures situated on site to be upgraded to current landscape standards. C. Approved (6 to 0, Robin Bird absent), a request for a determination of similarity of use to allow the restoration, repair and service of railroad cars as a principal use in the Industrial (I) zoning district. There were no other 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: D. Recommended approval with conditions (6 to 0, Robin Bird absent), the abandonment of a portion (varies between 8.98 feet to 10.80 feet by 399.17 feet ) of a 30 foot wide right -of -way, known as NW 2nd Street and lying at the south terminus of Depot Avenue, between the CSX Railroad and I -95. OTHER ITEMS: E. Received public comments pertaining to Citywide infrastructure improvements for future consideration. Site Plan Review and Appearance Board Meeting of April 22, 2015 1. Approved (6 to 0, Roger Cope absent), consideration of a blank sign program for the Priest Properties, an existing shopping center, located at the southeast corner of North Federal Highway and Bond Way (1191 North Federal Highway). 2. Approved (6 to 0, Roger Cope absent), a color change request for Town and Country Estates, an existing multiple family residential development, located at the northeast corner of Jaeger Drive and Dotterel Road (509 Dotterel Road). 3. Tabled (6 to 0, Roger Cope absent), a color change request for PPG Paints, an existing commercial building, located on the west side of NE 6th Avenue between NE 6th Street and NE 7th Street (650 NE 6th Avenue). 4. Approved (6 to 0, Roger Cope absent), a Class I site plan modification associated with architectural elevation changes for Delray Honda, located on the west side of South Federal Highway, north of La Mat Avenue, (2500, 2600, 2626 & 2700 South Federal Highway). 5. Approved (5 to 1, Alice Finst dissenting and Roger Cope absent), a Class I site plan modification associated with architectural elevation changes for the property located at 2881 South Federal Highway (known as Levy Fagade Renovation). Historic Preservation Board Meeting of April 15, 2015 6. Approved (7 to 0), a request for a Certificate of Appropriateness for the construction of a one - story addition to a non - contributing building for 111 NE 6th Street, located within Del -Ida Park Historic District. There were no other appealable items considered by the Historic Preservation Board. The following items which were considered by the Board will be forwarded to the Planning and Zoning Board and City Commission for action: 7. Recommended approval (7 to 0), to the Planning and Zoning Board for City- initiated amendments to revise LDR Section 4.5.1(E)(6), Relocation, to provide specific criteria and requirements for the relocation of contributing or individually designated structures; revise LDR Section 7.10.5, Cash Deposit, Bond, or Insurance Required, to require a historic structure relocation bond; and add LDR Section 7.10.11, Historic Structures, to clarify the requirements to obtain a permit when relocating contributing or individually designated structures. 8. Recommended approval (7 to 0), to the Planning and Zoning Board for City- initiated amendments to eliminate LDR Section 4.5.1(E)(7), Demolition; revise LDR Section 4.5.1(F), Restrictions on Demolitions, to provide specific submittal requirements for requests for the demolition of structures within a historic district or on an individually designated site and provide criteria by which to review demolition requests; and revise LDR Section 4.5.1(G), Unsafe Buildings, to require that the Chief Building Official present documentation to the Historic Preservation Board when a historic structure is determined to be unsafe. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of April 13, 2015 thru April 24, 2015. OPERATING COST N/A TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING A& 0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH MAY 5, 2015 PLANNING & ZONING DEPARTMENT P &Z: SPRAB: HPB: A. ATLANTIC CROSSING 1. PRIEST PROPERTIES 6. 111 NE 6TH STREET B. DELRAY SQUARE 2. TOWN AND COUNTRY ESTATES 3. PPG PAINTS 4. DELRAY HONDA 5.2881 SOUTH FEDERAL HWY. Document Path: S: \Planning & Zoning \DBMS \GIS \City Commission Maps \City Commission Map 5- 5- 15.mxd u s m lY � m O rn 1 1 Q > 1 1 ° 3 ) Bush George 1 Lakelda Rd 000, oe 1 z 6 p._. N :....._.. 1. ....... ._.._.._. �.._.. 1 n St Z 1 r._.. 1 A i j .......... . E Atlantic Ave 1 B Q 1 1 W Atlantic ve n t > m 1.. Q w 1 c 1 m 1 � Q U) a 1 CC) a� > m j o 0 Q c Co (D W 10th St SE 10th Lowson Blvd o 1 Q> = 1 > Q) � 1 non Blvd Linton Blvd 2 j ............ 1 ernantow j ' 1 n 1 1 > m l .._.._. a 4 j o U U o j > 5 o m u_o_u_u _u _u _u_u_.._u_u_u_u_u_u_ • .u_.._.._.._ 6u� �Q U U �' P &Z: SPRAB: HPB: A. ATLANTIC CROSSING 1. PRIEST PROPERTIES 6. 111 NE 6TH STREET B. DELRAY SQUARE 2. TOWN AND COUNTRY ESTATES 3. PPG PAINTS 4. DELRAY HONDA 5.2881 SOUTH FEDERAL HWY. Document Path: S: \Planning & Zoning \DBMS \GIS \City Commission Maps \City Commission Map 5- 5- 15.mxd MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: April 28, 2015 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF MAY 5, 2015 AWARD OF BIDS AND CONTRACTS MEMORANDUM TO: Mayor and City Commissioners FROM: Suzanne F. Davis, CPRP Director Parks & Recreation THROUGH: Donald B. Cooper, City Manager DATE: March 31, 2015 SUBJECT: AGENDA ITEM 8.F.1 - REGULAR COMMISSION MEETING OF MAY 5, 2015 BID AWARD /ALSCO/LINEN RENTAL SERVICES (BID NO. 2015-14) BACKGROUND The City issued Bid No. 2015 -14 for Linen Rental Services for the Delray Beach Municipal Golf Course on January 28, 2015. While the City mailed twelve (12) copies of the advertisement and posted it on the external web posting, the City only received one bid form ALSCO on February 25, 2015. The annual cost is approximately $27,000. Staff is recommending the City award Bid No. 2015 -14 to ALSCO for a one year term with two additional one year renewal options subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 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 services is on an "as needed /per piece basis" and includes the rentals of linens for events /rentals within the clubhouse and other areas on the property. TIMING OF THE REQUEST This is time sensitive so that the Delray Beach Municipal Golf Course can continue to operate the restaurant and catering facility with clean linens. FUNDING SOURCE Funding is available in account #445 - 4715 - 572 - 52.22. $11,098 is available in this account for the remainder of the current fiscal year. Any FY 2015 spending in excess of this will require a budget transfer. RECOMMENDATION Staff recommends the City Commission approve an award to ALSCO, Inc. in an amount not to exceed $27,000 for a one year agreement with two additional one year renewal options for linen rental services. LINEN RENTAL SERVICE FOR THE DELRAY BEACH MUMICIPAL GOLF COURSE RESTAURANT BID NO. 2015 -14 TABULATION FEBRUARY 25, 201$ Page I of 2 DESCRIPTION PER DELIVERY ALSCO INC. 1. Standard Bar Towels 100 $ 0.13 ea. 2. Bib Kitchen Apron 15-20 $ 0.28 ea. 3. 54" x 115" Tablecloth 25-35 $ 1.20 ea. 4. 5. 85" x 85" Tablecloth 132" Round Tablecloth 50-100 10-15 $ 1.10 ea. $ 8.00 ea. 6. 71" X 71" Tabecloth 25 $ 0.72 ea. 7. Napkins - Standard 1,500 $ 0.075 ea. LAUNDRY 8. SERVICE FOR LINEN OWNED BY GOLF COURSE Table Sklrtin QUANTITY PER WEEK 10 $ 15.00 ea. 9. Special Table Linen 6 $ 2.00 ea. ALTERNATE 10. 1 PRICING Floor Mats 6 $ 5.00 ► Drug Free Workplace Signed? Yes Page I of 2 LINEN RENTAL SERVICE FOR THE DELRAY BEACH MUMICIPAL GOLF COURSE RESTAURANT BID NO, 2015 -14 TABULATION FEBRUARY 25, 2015 Page 2 of 2 PER ALSCO DESCRIPTION DELIVERY INC. ADDITIONAL CHARGES (IF APPLICABLE) X NIA 11. Additional charges for other than white colors for special requests. 12. Additional charges for environmental charge. X NIA 13. Additional charges for loss or damage. X Napkins $ 1.45 Auto Loss 1% of delivered Bar Towels $ 0.75 14. Additional delivery charges. X 3% 15. Time frame needed for advance ordering of special for napkins, tablecloths: X 24 Hours 1Jcolorin Additonal Fuel Charge? (Yes or No) X NIA DEVIATIONS FROM SPECIFICATIONS, IF APPLICABLE, None Page 2 of 2 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 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑ 36.03(A) $25,000 and above (4) S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (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 Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes() No Proposed Contract Term: Comments and Notes: Bid Award 2015 -14. Effective Date: MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: April 29, 2015 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MAY 5, 2015 RESOLUTION NO. 28-15/ALL ABOARD FLORIDA BACKGROUND The Commission recently asked the City Attorney to prepare a Resolution expressing the City's position with respect to "All Aboard Florida" (AAF). As the Commission is already aware, AAF is proposing to construct a privately owned and operated intercity passenger railroad system that will connect Orlando and Miami, with intermediate stops in Fort Lauderdale and West Palm Beach. The initial direction from the City Commission was to include in the Resolution issues of local concern to the City that need to be addressed as a condition of City support. Among the local issues preliminarily raised by members of the Commission were; the creation and funding of quiet zones, mitigating local environmental impacts, the City's financial costs for improvements and maintenance, commitment for future commuter rail service, double tracking, minimizing delays for emergency and life safety vehicles, and market rate project financing secured by FEC property and equipment. The attached Resolution was prepared by the City Attorney as an initial draft to generate discussion and identify the wide range of potential issues raised by the AAF project. I expect Commission feedback and direction to refine and narrow the final Commission position with respect to this project. RECOMMENDATION Commission discretion. RESOLUTION NO. 28 -15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING CONCERN WHETHER ALL ABOARD FLORIDA WILL HAVE AN ADVERSE IMPACT ON THE CITY; STATING THAT THE CITY WITHHOLDS ITS SUPPORT FOR THE ALL ABOARD FLORIDA PROJECT UNTIL CERTAIN REQUIREMENTS ARE MET; ENCOURAGING THE FEDERAL RAILROAD ADMINISTRATION AND ANY OTHER FEDERAL, STATE OR LOCAL AGENCY TO REQUIRE ALL ABOARD FLORIDA TO PAY FOR THE COST OF CONSTRUCTING QUIET ZONES AND OTHER IMPROVEMENTS TO THE FLORIDA EAST COAST RAILWAY AT- GRADE RAILROAD CROSSINGS LOCATED WITHIN THE CITY; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, All Aboard Florida — Operations, LLC ( "All Aboard Florida "), a subsidiary of Florida East Coast Industries ( "FEC ") , is developing an express intercity passenger rail service from Miami to Orlando with four stations: Miami, Fort Lauderdale, West Palm Beach, and Orlando International Airport; and WHEREAS, the All Aboard Florida project proposes to add 32 trains daily to the existing FEC rail corridor, with no proposed stops in Delray Beach, and trains with proposed travel speeds of up to 79 miles per hour through Delray Beach; and WHEREAS, the City of Delray Beach has questions regarding the impact of All Aboard Florida as there are twelve at -grade railroad crossings along the FEC tracks within the city limits, and the City may be required to bear certain construction costs of upgrading railroad crossings and the costs of installing and maintaining the tracks and any quiet zones; and WHEREAS, based on information found in the Environmental Impact Statement prepared by the U.S. Department of Transportation Federal Railroad Administration ( "FRA "), typical at -grade railroad crossings would be closed an average of 54 times per day (2.25 times per hour), with cumulative closure times averaging 1.7 minutes (for passenger trains ) to 2.8 minutes (for freight trains). The total hourly closure would range from 4.2 minutes per hour to 4.5 minutes per hour; and WHEREAS, emerging information about All Aboard Florida has led to concerns that Delray Beach residents and businesses are being asked to accept adverse impacts with limited, if any, benefit to the community; and WHEREAS, additional grade crossing closures and blockages will hinder the City of Delray Beach Fire Department from being able to make timely responses to emergency calls or transport medical patients located on either side of the FEC railroad corridors, compromising the health, safety and welfare of the residents of the City of Delray Beach and all those who rely on the City of Delray Beach Fire Department services; and WHEREAS, All Aboard Florida would increase railroad traffic and railroad noise in the City of Delray Beach affecting thousands of people in the City residing near these crossings; and WHEREAS, it is estimated that the potential total cost to upgrade each of the City's crossings to meet Federal Quiet Zone requirements would exceed $1 million dollars, and that these improvements are proposed to be paid by the Palm Beach MPO ; and WHEREAS, although the project is being developed by a private entity, FEC has applied for a "Railroad Rehabilitation Improvement Financing" ( "RRIF ") loan of potentially $1.5 billion which makes the project subject to Federal Guidelines and a diagnostic safety review conducted by the FRA; and WHEREAS, All Aboard Florida recently announced that they intend to pursue municipal bond financing through the state -run Florida Development Finance Corp. to finance a portion of the project and, if authorized, would withdraw or reduce their RRIF loan application, All Aboard Florida should address claims that a significant portion of the financial burden of this passenger rail service may be borne by the taxpayers through assistance from the federal, state and local governments but is not required to receive approval from local or state governments; and WHEREAS, as a result of the All Aboard Florida RRIF loan application, the FRA issued an Environmental Impact Statement on September 19, 2014 evaluating the potential environmental and related impacts of constructing and operating the proposed All Aboard Florida project. The public comment period ended on December 3, 2014; and WHEREAS, the Environmental Impact Statement found that there are several recreational resources in the City of Delray Beach within 100 or 300 feet of the FEC corridor that may be impacted by the All Aboard Florida project, including Worthing Park, Currie Commons Park, Miller Park and Leon M. Weekes Environmental Preserve; and WHEREAS, even though All Aboard Florida has stated that they will pay for 100% of the costs of safety improvements, the City of Delray Beach City Commission urges the United States Department of Transportation and the State of Florida and its agencies to require All Aboard Florida to pay for the costs of the All Aboard Florida project, including improvements to rail crossings, the construction of quiet zones and corridor improvements; and WHEREAS, the City of Delray Beach Commission urges the United States Department of Transportation and the State of Florida to require that there shall be no government assistance provided to FEC or All Aboard Florida in the form of loans, infrastructure or right -of -way, other in -kind benefits at less than market rates /cost, and that any loans or other debt incurred by FEC or All Aboard Florida for All Aboard Florida shall be senior to all other debt, and without rights of future subordination, encumbering FEC and All Aboard property, equipment and rail lines, such that FEC and /or All Aboard Florida shall be solely responsible for the repayment of all loans /debt and there will be no taxpayer exposure /liabilities of any kind for default by FEC or All Aboard Florida; and WHEREAS, the City of Delray Beach City Commission expects FECI to continue coordinating efforts with the Florida DOT and SFTRA to establish commuter rail service on its tracks, linking South Florida coastal 2 RES. NO. 28 -15 cities, including appropriately upgrading and improvements to accommodate both commuter and freight trains; and WHEREAS, the City of Delray Beach City Commission expects FEC to promptly undertake efforts to reach agreements(s) among FDOT, South Florida Regional Transportation Authority (SFRTA), South Florida Commuter Services (SFCS) and the Dade, Broward, and Palm Beach County Metropolitan Planning Organizations (MPOs) to permit Tri -Rail Coastal Link to begin tri- county commuter rail service on the FEC railroad, and WHEREAS, the City of Delray Beach City Commission expects FEC to work with municipal, county state, and federal agencies to move freight off the current FEC rail lines, and WHEREAS, the City of Delray Beach desires to bring these issues to the attention of neighboring local governments as well as Palm Beach County, state and federal officials, and urge those officials to take steps to mitigate these risks; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission of the City of Delray Beach cannot support the All Aboard Florida project unless the following concerns are adequately addressed: A. Financial Impact a. The City of Delray Beach City Commission requests that All Aboard Florida adhere to its prior commitments and agree to fund all costs related to: i. Installation of safety equipment necessary to meet maximum Federal Rail Administration safety guidelines along the FEC line and at all grade crossings; ii. Construction and maintenance of quiet zones for all at -grade railroad crossings within the boundaries of the City of Delray Beach; iii. Required inspections of all high speed rail crossings; iv. Reimbursement of local governments for any costs incurred relocating utility lines due to construction of the All Aboard Florida project. v. Any government loans or other principal debt incurred by FEC or All Aboard Florida shall be at market rate and shall be senior to all other debt, and without rights of future subordination, encumbering FEC and All Aboard property, equipment and rail lines, such that FEC and /or All Aboard Florida shall be solely responsible for the repayment of all loans /debt and there will be no taxpayer exposure /liabilities of any kind for default by FEC or All Aboard Florida. b. The City of Delray Beach City Commission requests that All Aboard Florida be required to provide written agreement that current municipal leases with FEC for such uses as parking, rights -of -way, sidewalks and landscaping will not be negatively impacted nor will lease 3 RES. NO. 28 -15 payments be increased due to the enhanced crossings or other All Aboard Florida requirements. B. Public Safety and Welfare — The City Commission of the City of Delray Beach requests that All Aboard Florida be required to comply with the following at its sole cost: a. Structure proposed All Aboard Florida train schedules to minimize impacts to motorists and minimize delay to emergency vehicles; and b. Provide all 12 at -grade railroad crossings located within the City of Delray Beach with Pedestrian Crossings and other necessary safety measures in accordance with applicable Federal, State or industry requirements; and c. Endeavor to expeditiously undertake efforts to provide commuter rail service on the FEC tracks, including upgrades and improvements necessary to accommodate commuter rail service. d. Endeavor to expeditiously undertake efforts to reach agreement(s) among FDOT, South Florida Regional Transportation Authority (SFRTA), South Florida Commuter Services SFCS), and the tri- county MPOs to permit Tri -Rail Coastal Link to begin tri- county commuter rail service on the FEC railroad, including the appropriate upgrades and improvements to accommodate both commuter and freight trains.; and e. Work with municipal, county, state, and federal agencies to determine means and methods to move freight off the current FEC rail lines. C. Environment — The City Commission of the City of Delray Beach requests that All Aboard Florida be required to: a. Provide protection from any negative impacts caused as a result of the All Aboard Florida project to the endangered species and ecosystem in the City of Delray Beach; and b. Provide protection from any negative impacts caused as a result of the All Aboard Florida project to the recreational resources located in the City of Delray Beach that are within 300 feet of the FEC corridor. Section 3. That the City Commission of the City of Delray Beach encourages any participating agency, including the Federal Rail Administration and any other federal agency and the State of Florida and its agencies to require All Aboard Florida to pay for the costs of All Aboard Florida including quiet zones and corridor improvements. Section 4. That the City Commission of the City of Delray Beach shares the concerns of its neighboring local governments regarding the negative impacts of All Aboard Florida's proposed rail passenger and increased freight services and supports these governments' efforts to mitigate the impacts of All Aboard Florida on their communities and residents. Section 5. That copies of this Resolution shall be sent to the Federal Railroad Administration, the Governor of the State of Florida, all state legislators representing Palm Beach County, all members of Congress representing residents of Palm Beach County, and representatives of All Aboard Florida. 4 RES. NO. 28 -15 Section 6. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of 12015. ATTEST: City Clerk MAYOR RES. NO. 28 -15 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 2, 2015 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MAY 5, 2015 BID AWARD /ROSSMAN ENTERPRISES INCORPORATED D /B /A CLEAN AIR CONCEPTS /FIRE APPARATUS DIESEL EXHAUST SYSTEM REPLACEMENT BACKGROUND Consider an award of Bid 2015 -22 to Rossman Enterprises Incorporated D /B /A Clean Air Concepts in the amount of $301,179.00 for the fire apparatus diesel exhaust system project, (P/N 2014 -089). This Capital Improvement Project is aimed at improving the air quality at all six Delray Beach Fire Stations. Exhaust from engines burning diesel fuel is a complex mixture of gases and fine particulates. Emissions contain toxic substances that disburse into most, if not all, of the breathing areas of each fire house; exhaust residues adhere to walls, clothing, furniture and most surfaces. Many studies indicate that breathing vehicle exhaust fumes can cause or contribute to serious illnesses like emphysema, cancer, heart attacks, strokes and even death. Most firefighters work, eat and sleep within fire stations for extended periods of time; as a result the City has moved towards updating the obsolete fan technology currently found at each station. Historically, fire stations were designed with basic exhaust fans that automatically activate each time an apparatus door opens, the air then ventilates the diesel exhaust emissions directly into the atmosphere. Modern systems as proposed for this project capture and contain 100% of the exhaust emissions. Staff solicited bids through the formal competitive bid process; four (4) responses were received by the Purchasing Division on February 26, 2015. Ward Diesel Filter Systems submitted the lowest bid amount based on a device that attached directly to each vehicle acting as an exhaust filter. Ward systems do not comply with the requirement of 100% capture of effluent and extraction to the exterior of each building per the specifications. During the bid evaluation phase, with the assistance of the engineer of record, staff confirmed that the Ward system does not conform to plans or technical specifications; as a result the bid is considered non - responsive. The second lowest bid was submitted by Rossman Enterprises Incorporated D /B /A Clean Air Concepts ( Magnegrip System). The Magnegrip System was the basis of design for the six fire stations and complies with the criteria contained within the engineered plans and specifications. The magnegrip product provides 100% sealed source capture, meaning no exhaust fumes are allowed to enter into the occupied apparatus bay by incorporating an air- tight magnetic nozzle attachment. 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), "Competitive Bids ". Attachments include: 1) Bid tabulation 2) Location listing 3) Engineer's evaluation letter FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider award of bid to Rossman Enterprises Incorporated D /B /A Clean Air Concepts in the bid amount of $301,179.00; the firm submitted a complete bid package that meets the criteria set forth in the bid documents and is the lowest responsive bid. TIMING OF THE REQUEST Timing is of high importance for the health and well being of the City's firefighters. FUNDING SOURCE Funding is available from 334 - 2311 -522 -64.90 (General Construction Fund /Fire Other Machinery & Equipment). RECOMMENDATION By motion, approve an award to Rossman Enterprises Incorporated D /B /A Clean Air Concepts in the bid amount of $301,179.00; the firm submitted a complete bid package that meets the criteria set forth in the bid documents and is the lowest responsive bid. O a M CL 0 d a T m � = • a ai °� z }' O c M N d •O M N W V W N 0 V► } V► } V► } V► LU } c �� U m• 0 0 a� > r O W Ln N � V � gyp" NNW O N z vJ W W W W N S a V i = WG Z 0 } } } } o0z mZ a E Lo a� Z a N 6 16 a 04 °' G Q a o N O O O O 0 ' • = i W O p ,� N 0 x Ln 0 a,o IL 0 ~ ° en NV o 46 nf 46 46 >% c O W H (1) N H � M a z � n x W = N 1 W N L O W d' W H c M > CL N V H W W O s a W a `^ i N i a W U 0 Q d a %^ W_ z u m 0 .0 E LU 5 V Y 3 Z LL c z a a W m a a � a a Q m 3 u w 0 d a CITY OF DELRAY REACH SIX LOCATIONS Fire Rescue Station Headquarters FS No.1 501 West Atlantic Avenue Delray Beach, Florida 33444 Fire Rescue Station FS No.2 35 North Andrews Avenue Delray Beach, Florida 33483 Fire Rescue Station FS No.3 651 Linton Boulevard Delray Beach, Florida 33444 Fire Rescue Station FS No.4 4321 Lake Ida Road Delray Beach, Florida 33444 Fire Rescue Station FS No.5 4000 Old Germantown Road Delray Beach, Florida 33445 Fire Rescue Station (Town of Highland Beach) FS No.6 3614 South Ocean Boulevard Highland Beach, Florida 33487 Date: To: Company: Subject: Aiw= HVAC ■wrr PLUMBING ELECTRICAL Thompson & Youngross ENGINEERING CONSULTANTS, LLC MEMO #01 April 16, 2015 Bob Diaz, Construction Manager City of Delray Beach Environmental Services Department 434 South Swinton Avenue Delray Beach, FL 33444 (561) 243 -7343 diazj @mydelraybeach.com Fire Apparatus Diesel Exhaust Systems Project No. 14 -089 I have reviewed the four (4) Bid Opening submittals that were delivered to TYEC. Here is my review for your consideration. Vendor 1. Ward Diesel Filter Systems. This device is attached directly to the exhaust of the vehicle and acts as a filter for the exhaust. This system does not comply with the requirement of 100% capture of effluent and extraction to the exterior, which is the basis of design for this project. The literature states that the device operates for 10 to 99 seconds and only has a one year warranty. It is my recommendation that this system does not meet the design intent of the engineering specifications. 2. Rossman Enterprises Incorporated D /B /A Clean Air Concepts (Magnegrip System). This system is the basis of design for the six (6) fire stations and provides the three criteria that are contained in the engineering specifications: a. Provides 100% sealed source capture, meaning no exhaust fumes are allowed to enter into the occupied apparatus bay by incorporating an air -tight magnetic nozzle attachment. b. Provides no "malfunction" or "safety" disconnects, meaning that the hose connection from the exhaust tail pipe to the exhaust duct does not disintegrate during a malfunction of the system. The magnetic connectors and internal steel cable provide a constant connection until the vehicle exits the apparatus bay with no malfunction. The nozzle releases when the trolley hits the stop, without the use of sensors or support systems that may fail and does not require a safety disconnect mechanism. 112 SOUTHEAST 1 CTH STREET . ❑ELRAY BEACH, FLORIDA 33483 -3426 VOICE: (561) 274 -0200 FAX: (561) 274 -0222 1 (581) 272 -7950 E -MAIL: TEC @TECFLA.COM c. The rollers in the rail system are located outside the air stream so there is no contamination of the rollers from the exhaust particulate. 3. Safe Air Concepts (Plymovent System). This system is similar to the Magnegrip System in that it uses an overhead rail system and flexible hose connection from the tail pipe exhaust of the vehicle and exhausted to the exterior of the building. It differs in three ways that do not meet the engineering design intent. a. The Plymovent system information describes it as "virtually " 100% source capture which implies it is not rated for 100% source capture as described in the engineering specifications. b. The Plymovent system provides a "malfunction" or "safety" disconnect, understood to mean that in the event of malfunction, the hose connection disintegrates and the magnetic connector remains attached to the exhaust tail pipe as the vehicle exits the apparatus bay. c. The rollers in the rail system are located inside the air stream, allowing for the accumulation of solid contaminants from the exhaust fumes. 4. Lambert Brothers, Inc. This submittal only stated construction fees and provided no indication of the intended fume exhaust system proposed. Proposed exhaust removal system submittals would have to be provided in order to evaluate this bid. Signed: Michael Bassford, P.E. Copy: FILE z:Atyec projects 2014 \14113_(delray fire stations)AcorrespondenceAmemos \14113 -memo #01(04- 16- 15).doc 112 SOUTHEAST 10TH STREET . ❑ELRAY BEACH, FLORIDA 33483 -3425 VOICE: (561) 274 -0200 FAX: (561) 274 -0222 1 (581) 272 -7950 E -MAIL: TEC @TECFLA.COM Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above 36.02 (B) 36.03(C) 36.09 36.06 ../ (1) Competitive Bid ./ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest Written Quotes attached City Commision Approval: 3 P f I S ❑✓ 36.03(A) $25,000 and above ( ) ro essiona ervice (A S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Contract Term: Effective Date Comments and Notes: :3f" Mi . We 111801 ,iO� Letter certifying best price MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 15, 2015 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MAY 5, 2015 PURCHASE AWARD /HALL -MARK FIRE APPARATUS/ HORTON ALS RESCUE AMBULANCE BACKGROUND Consider approval for the purchase of a new Horton ALS Rescue Ambulance from Hall -Mark Fire Equipment, through the Florida Sheriff's Association Contract #15 -11 -0116, Specification #02, in the amount of $284,015.00. This ambulance purchase will be a replacement for #200563, a 2005 ambulance with more than 120,000 miles and life to date repair costs exceeding 100% of its original purchase cost. This ambulance had been scheduled for replacement last fiscal year, but had been deferred due to the previous consideration being given to a proposal with Palm Beach County Fire Rescue. The Florida Sheriff's Association, in conjunction with the Florida Fire Chief's Association and the Florida League of Counties has published annual vehicle contracts since November 1993, and are widely recognized as competitive pricing contracts utilized by cities, municipalities, and counties throughout the State of Florida. This contract #15 -11 -0116 is specific to Fire Rescue Apparatus and Rescue Ambulances. The Florida Sheriffs Association employs a website based application for governmental entities to utilize. Through the site's browser, this contract is viewable in Excel format. The current contract #15- 11-0116 is valid from February 2, 2015 through March 31, 2016. This contract was competitively bid, as evidenced by the Bid 15 -11 -0116 Terms and Conditions document, Section 1.41 and the Bid 15 -11 -0116 Memorandum of Award. The vehicle purchase outlined from the Florida Sheriffs Association Contract #15 -11 -0116, spec #2 from Hall -Mark Fire Equipment has a base price of $213,714.00, and with added select features and accessories required for Advanced Life Support (ALS), a total cost of $284,015.00. Dealer quote and letter ensuring lowest available pricing is included. This request complies with the Code of Ordinances, Chapter 36, Section 36.02 (C)(7). Attachments include: • Contract valid February 2, 2015 through March 31, 2016 • Dealer quote with lowest pricing assurance for Fiscal Year 2015 • Bid 15 -11 -0116 Term and Conditions • Bid 15 -11 -0116 Memorandum of Award (competitively bid) • Link to contract: http : / /www.flsheriffs.org//purchasing programs /cooperative- fleet/fire- rescue- ems/ The below items are included in the above URL file -name: a. Bid Award Excel spreadsheet b. Dealer Directory c. Contract Terms and Conditions d. Bid Support Documents DISCUSSION A request for the City Commission consider the purchase of a new Horton Model 623 ALS Rescue Ambulance from Hall -Mark Fire Equipment in the amount of $284,015.00, as approved in the 2014- 2015 CIP Budget. TIMING OF THE REQUEST Due to a backlog of truck chassis' from the manufacturer, the placement of this order now is necessary to ensure timely construction and delivery of this new Ambulance. FUNDING SOURCE Funding is available from Garage Fund / Capital Vehicle Replacements 501- 3312 - 591.64 -25. RECOMMENDATION By motion approve the purchase of a new 2016 Horton Model 623 Rescue Ambulance from Hall-Mark Fire Equipment in the amount of $284,015.00. 3431 NW 27th Avenue • Ocala, Florida 34475 RESCUE TRANSPORT PROPOSAL Date: April 13, 2015 This Proposal has been prepared for: City of Delray Beach Fire Rescue 501 Atlantic Ave Delray Beach, FL 33444 We propose to furnish to you one (1) 2016 custom Horton model 623, Rescue Transport Vehicle on a 2016 Freightliner M2 extended cab chassis, to be custom built and equipped in accordance with the requirements of the City of Delray Beach Fire Rescue Department. The vehicle is to be purchased from Florida Sheriff's Association Bid # 15 -11 -0116, specification #02. Delivery will be F.O.B. Delray Beach, FL and will be made approximately 130 calendar days after receipt of the chassis at Horton. Terms of payment shall be cash on delivery (C.O.D.) unless the purchaser elects to make a prepayment. Pre - payment discounts are available. Pre - Payment on this unit is approximately $4,800.00, and is not included in price below. The current purchase price for the specified Rescue - Transport vehicle is $284,015.00. This proposal shall expire May 31, 2015 unless extended in writing. The prices being quoted to the City of Delray Beach for the purchase of the proposed Rescue Transport are the lowest prices offered in fiscal year 2015 to any governmental entity within the State of Florida by Hall -Mark Fire Apparatus. Base Price per Florida Sheriffs Association: $ 213,714.00 Options and upgrades per City Of Delray Beach: $ 70,301.00 Total price of Rescue Transport Vehicle: $ 284,015.00 Company: By: _ lffl"ae a By: Title: Ambulance Sales Title: Date: April 13, 2015 Date: Total Price: $284,015.00 Purchaser: Pricing is based on enclosed written specifications. Quote # 11858, Revision 1 Horton 0 EMERGENCY VEHICLES Hortoi�l EMERGENCY VEHICLES Hall -Mark Fire - -3431 NW 27th Ave -- Ocala, FL 34475 CITY OF DELRAY BEACH 501 WEST ATLANTIC AVENUE DELRAY BEACH, FL 33444 Year: 2016 Chassis: Freightliner 108" Type: MED Model: 623 Rev I Print Features Prepared By: Michael Day 11858 CATEGORIES: A Chassis B Body Connection Pass Thru Type BH Chassis Accessories BL Chassis Electrical C Conversion Model CB Module Body Modifications D Module Body Hardware E Paint and Striping F Cabinet Doors, Handles and Hardware G Interior Colors H Interior Cabinets, Streetside I Interior Cabinets, Curbside J Front Wall Cabinets K Interior Accessories and Trim L Cot Mount, and Patient Handling M Warning Systems, Visual MN Warning Systems, Audible O Lights, Non Emergency P Electrical Power Group Q Heat, Ventilation, Air conditioning R Console, Radio, and communications T Oxygen and Suction U Lettering and Graphics Z Other CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total AB Horton Emergency Vehicles Feature List AC CHASSIS AHL 1 1 FREIGHTLINER CHASSIS AHL62515 0 1 CHASSIS, 2015 FREIGHTLINER M-2,108" C/A The chassis required to complete the ambulance conversion shall be supplied by Horton. Chassis ordered with OEM air rides will include a Horton installed air tank drain line, running from the tank(s) to the bottom side of the rub rail. REFERENCE QUOTE #: TRUCK COUNTRY #DELRAY BEACH DATED 0311312015 9:05 AM !!!CHASSIS WILL BE A 2106 MODEL YEAR. 132" BBC HIGH ROOF EXTENDED CAB CHASSIS HORSEPOWER: 300 CHASSIS TO ARRIVE OEM RED #769467 EB HYDRAULIC BRAKES STREETSIDE FUEL TANK - FORWARD NO REAR WINDOW AHLSP001 0 1 SPECIAL INSTRUCTION FOR FREIGHTLINER CHASSIS !!! INSTALL A FEMALE QUICK RELEASE SCHRADER FITTING IN THE CURBSIDE TANK COVER BELOW THE ROLL -UP DOOR PER DRAWING. PLUMB INTO THE CHASSIS AIR SYSTEM. AHLSP002 0 1 SPECIAL INSTRUCTION FOR FREIGHTLINER CHASSIS !!! THERE WILL BE NO ACCESS FROM THE CHASSIS TO THE PATIENT COMPARTMENT. AJNSPICO 1 1 CHASSIS INTERIOR COLOR SHALL BE GRAY Hall -Mark Fire Michael Day Thursday, April 09, 2015 7:31:41 AM Print Features Rev I Page 2 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total ASP00100 0 1 CHASSIS SPECIAL INSTRUCTION !!! INSTALL A 44.5 "H ROBINSON ROLL -UP DOOR IN EACH SIDE OF THE CHASSIS CAB EXTENSION. DOORS TO BE ANODIZED ALUMINUM FINISH, NO PAINT. INCLUDE DIAMOND PLATE CLOSE -OUTS OVER THE ROLL -UP DRUM. !!! INSTALL A DIAMOND PLATE COMPARTMENT IN THE EXTENDED CAB SECTION BEHIND EACH ROLL -UP DOOR. SIZE COMPARTMENTS TO ACCOMMODATE DRAWERS WITH A MINIMUM OF 14.75" WIDE I.D. TO FIT BETWEEN THE COMPARTMENTS INSIDE THE CHASSIS. (ASP00100) COMPARTMENTS MUST BE MINIMUM OF 28" DEEP. !!! INSTALL A 0.188" THICK ROLL -OUT TOOL BOARD IN THE REARMOST SECTION OF EACH COMPARTMENT. SIZE TOOL BOARDS FULL AVAILABLE HEIGHT x DEPTH. INCLUDE A ROLLED OUTER EDGE TO SERVE AS A HANDLE. INSTALL A GAS HOLD OPEN ON TOP OF THE TOOL BOARD TO HOLD TOOL BOARD IN THE OPEN AND CLOSED POSITIONS. !!! FABRICATE /INSTALL (1) 45 DEGREE ANGLED BRACKET ON REAR INBOARD EDGE OF EACH TOOL BOARD FOR THE INSTALLATION OF CUSTOMER SUPPLIED SCBA BRACKETS. (DWG #101493) INSTALL TOOL BRACKETS AT AN ANGLE WITH THE OUTBOARD PORTION HIGHER. !!! INSTALL A MIRROR STAINLESS STEEL PROTECTIVE KICK PLATE BELOW EACH ROLL -UP DOOR TO PROTECT THE CHASSIS PAINT FINISH. !!! INSTALL (2) COAT HOOKS APPROX 314 OF THE WAY TO THE TOP OF THE FORWARD COMPARTMENT WALL, OPPOSITE THE TOOL BOARDS. ASP00200 0 1 CHASSIS SPECIAL INSTRUCTION !!! INSTALL A (3) DRAWER CABINET IN THE CAB BETWEEN THE EXTENDED CAB COMPARTMENTS. DRAWERS TO BE A MINIMUM OF 14.75" WIDE (I.D.) SEE DETAILED DRAWING. !!! TOP OF CABINET TO HAVE A STAINLESS STEEL TRAY. DUPLICATE OF PREVIOUS VEHICLE 16017. SEE DRAWING DETAIL. ASP00300 0 1 CHASSIS SPECIAL INSTRUCTION !!! REMOVE OEM REAR WINDOW AND WELD IN CLOSE -OUT PLATE. B CHASSIS MODIFICATIONS, HARDWARE AND ACCESSORIES BH02G000 1 1 HUB & LUG NUT COVERS, STAINLESS FOR FREIGHTLINER 19.5" Polished stainless steel hub and lug nut covers shall be installed on all four outside wheels. Hall -Mark Fire Michael Day Thursday, April 09, 2015 7:31:41 AM Print Features Rev I Page 3 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total BH02H000 1 1 TIRE SIZE, 19.5 ", MEDIUM DUTY: This vehicle is specified to have 19.5" tires. BH03A000 1 1 MUD FLAPS: front Install rubber mud flaps behind each front tire. BH03B000 1 1 MUD FLAPS: rear Install individual rear mud flaps behind each set of rear wheels. BH04A000 0 1 FREIGHTLINER CHASSIS EQUIPPED W/ VERTICAL EXHAUST The chassis specified above is to include a vertical exhaust. BH04J000 1 1 CHASSIS INCLUDES A CUMMINS B 6.7L ENGINE The chassis specified above will have the standard cab height. !!! 300 HP ENGINE. !!! NOTE: CHASSIS HAS A 4" RAISED CAB. BH060000 0 2 REAR DOCK BUMPERS Two rubber dock bumpers shall be bolted to the rear step end caps for protection when backing. LOCATE: (1) SET ON REAR STEP (1) SET ON FRONT BUMPER PER DRAWING - VERTICAL BH11 D000 0 1 ENERGY ABSORBING REAR FLIP -UP STEP: Install an energy absorbing rear step /bumper assembly. The center section of the step will flip up for cot loading. When flipped down the center section must be held down so as not to rattle while the vehicle is in motion. BH2OT000 0 1 CHROME TURNOUT FOR VERTICAL EXHAUST A chrome turnout shall be installed on the vertical exhaust of medium duty chassis. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:41 AM Rev I Page 4 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total BH26JE00 0 1 FUEL TANK COVERS, DIAMOND PLATE FOR EXTENDED CABS Diamond plate step well covers shall be installed on both the curb and street side cab step wells. The covers shall be made of .125 "thick polished diamond tread plate with a minimum 3003 -H14 alloy. The cover shall include a pull out tray for chassis batteries. The covers shall sized appropriately for a four -door cab. !!! NOTE THIS IS AN EXTENDED CAB CHASSIS !!! INSTALL CUSTOM FABRICATED METAL BATTERY HOLD DOWN ILO NYLON STRAPS LOCATE THE BATTERIES IN THE STREETSIDE STEP COVER, REARWARD. BH320R00 1 1 SUSPENSION SWITCH: dump override A switch will be installed where specified, to override the automatic dump feature activated by the left rear patient compartment entry door. SWITCH LOCATE: CURBSIDE REAR ENTRY INTERIOR DOOR PANEL PER DRAWING. !!! MANUAL DUMP SWITCH ONLY. DO NOT AUTO DUMP WITH STREETSIDE DOOR OPENING. BHSPDO06 1 1 MIRROR: OEM The mirror set shall be OEM supplied, and installed by the chassis manufacturer. BL26B000 1 1 BACKUP ALARM RESET Backup alarm to automatically reset to on if alarm was manually canceled using the control panel alarm cut -off switch (FL25) during previous use. Hall -Mark Fire Michael Day Thursday, April 09, 2015 7:31:41 AM Print Features Rev I Page 5 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total BL26H000 0 1 REVERSE CAMERA WITH MONITOR IN CAB A rear vision system shall be installed with a camera above the rear doors and a monitor in cab. The system shall be Safety Vision #SV- CLCD65 with a #SV -LCD68 monitor with built in speaker and day night sensor. !!! SUPPLY /INSTALL A SAFETY VISION DUAL CAMERA SYSTEM. MONITOR AND CAMERA COMPONENTS TO MATCH PREVIOUS 16017 ORDER. !!! INSTALL THE MONITOR ON A BLACK ABS PANEL LOCATED ON THE DRIVER SIDE OVERHEAD CONSOLE POCKET. ALLOW FOR ACCESS TO A/V INPUT JACKS. !!! SUPPLY /SHIP LOOSE (1) CAMERA. TERMINATE CAMERA WIRING IN CURBSIDE REAR CORNER OF THE MODULE INTERIOR APPROX 20" FROM CEILING. SEE REAR WALL DRAWING. !!! SUPPLY /INSTALL (1) CAMERA CENTERED OVER THE REAR ENTRY DOORS BELOW THE TRAFFIC ADVISOR. !!! PROGRAM SYSTEM TO TURN ON AUTOMATICALLY WITH IGNITION. WIRE SO THAT THE INTERIOR CAMERA IS DEFAULT. SYSTEM TO SWITCH TO EXTERIOR REAR VIEW WHEN VEHICLE IS PLACED IN REVERSE. INTERIOR CAMERA TO OPERATE IN DRIVE. INSTALL A REMOTE MICROPHONE IN THE INHALATION AREA FOR COMMUNICATION WITH THE CHASSIS CAB. BL32A000 1 1 OEM AM /FM /CD PLAYER SHALL BE PROVIDED BY THE OEM MANUFACTURER OEM AM /FM /CD player shall be provided by the OEM manufacturer on all Horton supplied chassis. C CONVERSIONS CA200000 0 1 PREVIOUS VEHICLE REFERENCE This option is to be used for comparison purposes only. Specifications are specific to each order so use extreme caution when referencing a previous production order. PREVIOUS VEHICLE PRODUCTION #16017 !!! SEE V: \0 Photos \16017 \16017 FOR GENERAL REFERENCE PHOTOS. (NAVISTAR CHASSIS) Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:41 AM Rev I Page 6 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total CA630000 0 1 CONVERSION MODEL: 623 FREIGHTLINER MINIMUM BODY DIMENSIONS: (Exterior) - Height: 91" - Width: 96" - Length: 173" (Interior) - Height: 72" -Aisle 20" - Width: 20 "(from edge of cot in wall position to squad bench riser) - Length: 169" OVERALL DIMENSIONS (Including Chassis, Module and Step): - Height: 110" (to top of vent) - Width: 100" - Length: 295" !!! THIS IS A CUSTOM BODY PER DRAWING. !!! CHASSIS HAS A 112" CAB TO AXLE WITH 177" BODY !!! THIS VEHICLE TO HAVE NO PASS THROUGH ACCESS TO CAB. CA630001 1 1 623 STREETSIDE FORWARD: Clear Door Opening: 18.7" wide x 80.6" high Actual Compartment 21.4" wide x 83.6" high x 21.9" This area shall be accessed through a single outside hinged door. The compartment shall house the vehicle's primary 02 cylinder. The compartment shall be vented to the outside. ! ! ! INSTALL DOUBLE EXTERIOR COMPARTMENT DOORS ILOS. ! ! ! INSTALL LOUVERS THE LOWER PORTION OF THE INNER COMPARTMENT DOOR PANEL. INSTALL A CUT -OUT IN THE LOWER PORTION OF THE EXTERIOR DOOR PANEL AND INSTALL A LOUVERED DIAMOND PLATE PANEL ON EXTERIOR OF DOORS. 0 1 COMPARTMENT WIDTH Modify: first, street side cb04Ow00 The width of the standard compartment for this model shall be modified. This is the first street side compartment width modification and shall include affected modifications to the interior cabinet. WIDTH MODIFICATION: INCREASE TO 17.6" 0 2 SHELF FOR LED LIGHTED VERTICAL COMPARTMENT dr081000 A diamond plate adjustable shelf shall be installed in the following location. LOCATE: (1) RIGHT PORTION OF COMPARTMENT ABOVE THE 02 ACCESS. (1) BETWEEN THE (2) DIVIDERS 40.00" ABOVE THE COMPARTMENT FLOOR. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:42 AM Rev I Page 7 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total 0 2 DIVIDER FIXED, VERTICAL COMPARTMENT dr11a000 Install a 16" deep fixed vertical divider shall be installed in the location listed below. (Divider material is to match the compartment material) LOCATE: (1) 11.5" FROM RIGHT COMPARTMENT WALL. (1) 10.00" TO THE LEFT OF THE FIRST DIVIDER. 0 3 ROK BACKBOARD STRAP dr12a000 Install a ROK backboard strap in the designated backboard compartment. LOCATE: SHIP LOOSE WITH MOUNTING HARDWARE. CA630002 1 1 623 STREETSIDE INTERMEDIATE: Clear Door Opening: 51.7" wide x 39.8" high Actual Dimensions: 55.4" wide x 43.0" high x 21.9" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices. !!! INSTALL A SINGLE COMPARTMENT DOOR WITH DUAL NADER PIN LATCHES. (1) TOP AND (1) BOTTOM. !!! INSTALL STANDARD COMPARTMENT LOUVERS ON THE RIGHT COMPARTMENT WALL. !!! INSTALL LOUVERS THE LOWER PORTION OF THE INNER COMPARTMENT DOOR PANEL. INSTALL A CUT -OUT IN THE LOWER PORTION OF THE EXTERIOR DOOR PANEL AND INSTALL A LOUVERED DIAMOND PLATE PANEL ON EXTERIOR OF DOOR. 0 1 COMPARTMENT WIDTH Modify: second, street side cb04aw00 The width of the standard compartment for this model shall be modified. This is the second street side compartment width modification and shall include affected modifications to the interior cabinet. WIDTH MODIFICATION: DECREASE WIDTH 13.66" 0 1 SHELF FOR LED LIGHTED VERTICAL COMPARTMENT dr081000 A diamond plate adjustable shelf shall be installed in the following location. LOCATE: INSTALL IN UPPER PORTION OF COMPARTMENT AND USE TO MOUNT ALL ADD -ON ELECTRICAL EQUIPMENT. SEE PREVIOUS PHOTOS. 0 1 TOOL MOUNTING PLATE dr10d000 A .250" thick aluminum plate with a sanded D/A finish shall be installed in the designated area. The plate will be secured to the compartment wall using existing or additional extruded aluminum "C" channels. LOCATE: BACK COMPARTMENT WALL - LOCATE HIGH. APPROX SIZE: 39.00 "W x 38.00 "H. (ACTUAL SIZE DETERMINED BY ENGINEERING) Hall -Mark Fire Michael Day Thursday, April 09, 2015 7:31:44 AM Print Features Rev I Page 8 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total 0 2 EXTRUDED ALUMINUM "C" CHANNEL, ADDITIONAL dr10e000 Additional section of aluminum "C" channel shall be installed on the designated compartment walls. Standard tool boards require two C- channels. !!! WELD HORIZONTAL SHELF TRACK ON THE BACK COMPARTMENT WALL FOR TOOL PLATE INSTALLATION. CA630004 1 1 623 STREETSIDE REAR: Clear Door Opening: 32.0" wide x 39.8" high Actual Dimensions: 37.4" wide x 43.0" high x 21.9" This area shall be accessed through double, outside hinged doors. Both doors shall have exterior door handles and latching devices: !!! INSTALL A SINGLE COMPARTMENT DOOR ILOS. INCLUDE SINGLE NADER PIN LATCH PER PREVIOUS. 0 1 COMPARTMENT WIDTH Modify: third, street side cb04bw00 The width of the standard compartment for this model shall be modified. This is the third street side compartment width modification and shall include affected modifications to the interior cabinet. WIDTH MODIFICATION: INCREASE WIDTH 2.60" 0 1 SHELF FOR LED LIGHTED VERTICAL COMPARTMENT dr081000 A diamond plate adjustable shelf shall be installed in the following location. LOCATE: 24.00" ABOVE THE COMPARTMENT FLOOR. !!! REDUCE SHELF DEPTH TO CLEAR TOOL PLATE ON BACK COMPARTMENT WALL 0 1 TOOL MOUNTING PLATE dr10d000 A .250" thick aluminum plate with a sanded D/A finish shall be installed in the designated area. The plate will be secured to the compartment wall using existing or additional extruded aluminum "C" channels. LOCATE: BACK COMPARTMENT WALL. SIZE: MAX HEIGHT x MAX WIDTH AS DETERMINED BY ENGINEERING. 0 1 EXTRUDED ALUMINUM "C" CHANNEL, ADDITIONAL dr10e000 Additional section of aluminum "C" channel shall be installed on the designated compartment walls. Standard tool boards require two C- channels. !!! WELD HORIZONTAL SHELF TRACK ON THE BACK COMPARTMENT WALL FOR TOOL PLATE INSTALLATION. CA630005 1 1 623 CURBSIDE REAR: Clear Door Opening: 25.0" wide x 80.6" high Actual Dimensions: 29.6" wide x 83.6" high x 21.9" This area shall be accessed through a single outside hinged door !!! FABRICATE COMPARTMENT FROM DIAMOND PLATE ILOS. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:45 AM Rev I Page 9 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total 0 1 COMPARTMENT HEIGHT MODIFY: first, curbside cb060000 The height of the standard compartment for this model shall be modified. This is the first curbside compartment height modification and shall include affected modifications of the interior cabinet. HEIGHT MODIFICATION: DECREASE HEIGHT 56.38" 0 1 COMPARTMENT WIDTH Modify: first, curbside cb06Ow00 The width of the standard compartment for this model shall be modified. This is the first curbside compartment width modification and shall include affected modifications to the interior cabinet. WIDTH MODIFICATION: INCREASE 13.96" CA630006 1 1 623 CURBSIDE FORWARD WITH BATTERY COMPARTMENT: Clear Door Opening: upper 22.1" wide x 68" high lower 22.1" wide x 12.6" high Actual Dimension: upper 27.2" wide x 68" high x 28.5" deep lower 27.2" wide x 12.6" high x 21.9" deep This area shall be accessed through two outside hinged doors and from an opening located on the curb side forward wall. The upper area shall be primarily used for storage of customer furnished jump kits, the lower area for the storage for two batteries on a roll out tray. ! ! ! THIS IS TO BE A STANDARD FULL HEIGHT COMPARTMENT. !!! BATTERIES TO BE LOCATED IN A SLIDE OUT TRAY UNDER CAB. CAB93AFO 0 1 KKK- A -1822F CERTIFICATION LABEL The vehicle shall have weight /payload, electrical load and KKK -A- 1822F certification stickers installed in the 02 compartment. CB BODY MODIFICATIONS /OPTIONS CB030000 0 4 MODULE HEAD ROOM, INCREASE FROM STANDARD (PER INCH) The standard module body headroom shall be increased from standard per the quantity listed below. The quantity represents inches and must be in increments of 2 ". Hall -Mark Fire Michael Day HEADROOM REQUIRED: 76.00" !!! RAISE THE HEIGHT OF THE REAR ENTRY DOORS ONLY 2.00 ". NOTE PFPI LIGHTS ABOVE REAR ENTRY DOORS PER OM26B000. Thursday, April 09, 2015 7:31:46 AM Print Features Rev I Page 10 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total CB06SX00 0 1 DOUBLE STEP CURBSIDE ENTRY 6" DROP SKIRT The curbside skirt, forward of the rear wheel well shall be dropped 6 inches. Two integral ALD steps within the side patient door step well shall be available upon opening the side door for easier and lower access to the patient compartment. CB06SX10 0 1 STREETSIDE OF BODY LOWERED 6" FROM STANDARD The street side of the body forward of the rear wheel well shall be lowered 6" from standard. CB09SA00 1 1 PATIENT AREA SOUND PROOFING /ACOUSTIC ENHANCEMENT PACKAGE Install standard sound control package. CBSP0001 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! REINFORCE LOWER REAR FACE BODY PANELS AND REAR ENTRY DOORS FOR BOTTOM MOUNT DOOR GRABBERS ILOS. CBSP0002 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! REDUCE SIDE ENTRY DOOR HEIGHT 2" FOR INTERIOR GLOVE BOXES PER ISP00005. CBSP0003 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS ! ! ! INSTALL CEILING PLATE FOR THE FRONT WALL HEAT /AC CABINET. CBSP0004 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! NOTE OL350000 FOR FRONT FACE ICC AND 900 SERIES LIGHT LOCATIONS. CBSP0005 0 1 SPECIAL INSTRUCTION, BODY MODIFICATIONS !!! NOTE OM26B000 FOR REAR FACE PIONEER LIGHTS WITH SEMI - RECESSED HOUSINGS. Q MODULE BODY HARDWARE Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:46 AM Rev I Page 11 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total DG050000 1 1 WINDOWS, REAR MODULE BODY ENTRY DOORS The rear module entry doors shall have solid windows. The side entry door shall have a sliding window. !!! INSTALL MIRROR STYLE REFLECTIVE TINT FILM. REQUIRES THIRD PARTY SOURCE. DG060000 1 1 WINDOW, SLIDING FOR SIDE ENTRY DOOR The side entry door shall have a sliding window. !!! INSTALL MIRROR STYLE REFLECTIVE TINT FILM. REQUIRES THIRD PARTY SOURCE. DG080000 1 1 EMERGENCY DOOR RELEASE MECHANISM Install standard emergency release knobs on top and bottom of rear module entrance doors. DH000000 1 1 Vi -Tech body mounts Install standard Vi -Tech body mounts. DHOlA000 0 1 WHEEL WELL TRIM: aluminum diamond plate Install aluminum diamond plate around rear wheel wells. !!! EXTEND UP TO THE BOTTOM OF THE SCOTCHLITE BELT STRIPE. DH03B000 1 1 MIRROR STAINLESS STEEL SPLASH SHIELDS Install #8 mirror stainless splash shields on the lower front face of the body just behind the cab access doors. These splash shields are to be the same height as the diamond plate front corner guards. DH040000 1 1 MODULE BODY FENDERS: stainless steel Rear wheel housings shall have stainless steel flare skirts to protect the wheel house opening and side body finish. DH04RS00 0 1 DIAMOND PLATE LOWER BODY RUB RAILS Aluminum diamond plate lower body rub rails are to be along the bottom of the body on each side. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:46 AM Rev I Page 12 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total DH330000 1 1 REAR DOOR HOLD OPENS, GRABBER Install chrome Cast Products "Grabber" style rear door hold opens. (NOTE: HOLD OPENS MUST BE RELOCATED IF TELESCOPIC LIGHTS ARE ORDERED) !!! INSTALL REAR DOOR HOLD OPENS AT THE BOTTOM OF THE DOORS ILOS. DL480000 0 1 ELECTRIC DOOR LOCKS: compartment Install power activated door locks on all exterior compartment doors. Locks to be activated by a switch at each patient area access door. Locks may be overridden by a door key. A separate lock switch will be located in the front radio console if option DL48D000 (wired to OEM locks) is not selected. DL48A000 1 1 ELECTRIC DOOR LOCKS: access doors Install power activated door locks on all patient area access doors. Locks to be activated by a switch at each patient area door, and controlled with the access door locks. Locks may be overridden by a manual slide lever or by the door key. A separate lock switch will be located in the front radio console if option DL48D000 (wired to OEM locks) is not selected. DL48B000 0 1 ELECTRIC DOOR SWITCH: concealed Install a concealed switch on the exterior of the vehicle to operate the power door lock circuit. Doors shall be wired to unlock only on this circuit. LOCATE: INSTALL BEHIND THE SPLASH GUARD ON THE LOWER STREETSIDE FORWARD BODY CORNER. (BEHIND CORNER POST EXTRUSION) DL48D000 0 1 ELECTRIC DOOR LOCKS WIRED TO OEM SWITCHES The module door locks and compartment locks (if ordered) are to be wired to the chassis door lock switches. DLH40000 0 1 RECESSED LICENSE PLATE BRACKET A Cast Products #LP0002 recessed license plate bracket shall be installed per the attached drawing. The bracket will include lighting in the top to illuminate the license plate. LOCATE: CENTER IN THE REAR RISER DM100000 1 1 REFLECTORS: All patient compartment entry doors shall have red reflectors in the lower corner. Hall -Mark Fire Michael Day !!! INSTALL AT THE TOP OF BOTTOM OF (3) PATIENT ACCESS DOORS AND THE TOP AND BOTTOM OF THE INNER COMPARTMENT DOOR PANELS. Thursday, April 09, 2015 7:31:46 AM Print Features Rev I Page 13 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total DR22B000 0 1 DRI DECK IN EXTERIOR COMPARTMENTS Dri Deck will be installed on the floor and shelves of all exterior compartments. COLOR: BLACK DSP00001 0 1 SPECIAL INSTRUCTION, MODULE BODY HARDWARE !!! SUPPLY /INSTALL 6.00" HIGH DIAMOND PLATE TRIM PANELS ON THE LOWER SIDES OF THE BODY. PANELS TO START AT THE LOWER RADIUS OF COMPARTMENT AND ENTRY DOORS. !!! NOTE FORWARD PANELS TO BE APPROX 12.00" HIGH DUE TO 6.00" BODY DROP. E PAINT AND STRIPING ED02F000 0 1 PAINT CHASSIS, medium duty The chassis cab shall be painted with the following special paint color and paint code: !!! CHASSIS WILL ARRIVE OEM RED #769467 COLOR: WHITE NUMBER: FLNA4002 !!! SEE V: \0 Photos \16017 \16017 FOR PREVIOUS BUILD PHOTOS. !!! CHASSIS TO ARRIVE OEM RED. HORTON TO PAINT WHITE FROM JUST BELOW THE CHASSIS WINDOWS UP, INCLUDING THE CHASSIS ROOF. !!! CHASSIS HOOD TO REMAIN RED. !!! CHASSIS PAINT SAMPLE IN FILE. ED02F000 0 1 PAINT CHASSIS, Freightliner The chassis cab shall be painted with the following special paint color and paint code: !!! CHASSIS WILL ARRIVE OEM RED #769467 COLOR: WHITE NUMBER: FLNA4002 !!! SEE V: \0 Photos \16017 \16017 FOR PREVIOUS BUILD PHOTOS. !!! CHASSIS TO ARRIVE OEM RED. HORTON TO PAINT WHITE FROM JUST BELOW THE CHASSIS WINDOWS UP, INCLUDING THE CHASSIS ROOF. !!! CHASSIS HOOD TO REMAIN RED. !!! CHASSIS PAINT SAMPLE IN FILE. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:46 AM Rev I Page 14 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total ED060000 0 1 STRIPE: bottom half Paint bottom half special color PAINT COLOR: WHITE PAINT NUMBER: FLNA4002 (UPPER BODY PORTION) PAINT COLOR: RED PAINT NUMBER: MATCH BODY TO OEM RED #769467 EB. !!! THE RED STRIPE PAINT BREAK ON THE BODY TO STOP 64.50" ABOVE THE TOP OF THE REAR RUB RAILS. NOTE THAT THE RED ON THE FRONT FACE OF BODY IS TO EXTEND ALL THE WAY ACROSS THE FACE OF THE BODY. !!! CHASSIS PAINT SAMPLE IN FILE. ED20AA00 1 1 STRIPE: 8" Scotchlite beltline Apply an 8" Scotchlite beltline stripe in the color listed below: !!! ILOS, INSTALL A 6.00" WHITE SCOTCHLITE BELT STRIPE ON BODY AND CHASSIS. LOCATE THE BOTTOM OF THE STRIPE IS 60" BELOW THE BOTTOM OF THE MODULE DRIP RAILS. !!! START STRIPE ON FORWARD EDGE OF CHASSIS DOORS. DO NOT INSTALL STRIPE ON THE ROLL -UP CHASSIS DOORS. WRAP REAR CORNER EXTRUSIONS BUT DO NOT EXTEND ACROSS REAR FACE. !!! NOTE DIAMOND PLATE WHEEL WELL TRIM TO EXTEND UP TO BOTTOM OF STRIPE. (DHOIA000) ED20PS00 1 1 PAINT PANEL: sample A painted test panel shall be prepared with the following paint color and number, to confirm correct paint selection. The panel will be mailed as designated. !!! OEM PAINT SAMPLE PLATE PROVIDED BY JASON CAVALLO AND FORWARD TO MIKE COIL 01- 09 -15. PAINT TO MATCH SAMPLE. ED5C0000 0 1 DIAMONDGRADE CHEVRONS - ENTIRE REAR Install Diamondgrade chevron striping on the entire rear of the body inboard of the corner posts and below the upper driprail. COLORS: SOLID RED #983 -72 & SOLID YELLOW #983 -71. SIZE: (611) F INTERIOR CABINET DOORS, HANDLES & HARDWARE FE010000 1 1 FULL HEIGHT PULL HANDLES ON SLIDING PLEXIGLAS DOORS All sliding cabinet doors to have full length pull handles. Hall -Mark Fire Michael Day Thursday, April 09, 2015 7:31:46 AM Print Features Rev I Page 15 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total FE01 FT00 1 1 LATCH, HINGED DOOR: Southco flush stainless steel pull style Install stainless flush mount Southco pull latches on the hinged interior cabinet doors. FE02B000 0 1 PLEXIGLAS COLOR: clear All Plexiglas cabinet doors to be clear. !!! ILOS, SECURE THE RUBBER HOSE DOOR STOPS WITH SILICONE INSIDE THE SLIDE TRACKS. FE06E000 0 2 COUNTERTOP, SOLID SURFACE Install solid surface countertop in lieu of standard stainless steel. Counter is to include radiused and tapered corners. Color: bl ue LOCATE: (1) INHALATION COUNTER (1) FRONT WALL COUNTER FE08ST00 1 1 INHALATION PANEL (STANDARD): The inhalation panel is to be fabricated from composite material and covered with Formica to match to color selected. !!! SIZE PANEL TO ALLOW 16" OF FREE SPACE REAR OF THE PANEL. G INTERIOR COLORS, UPHOLSTERY AND SEATING GF01 R000 0 1 INTERIOR COLOR SCHEME: Custom Interior colors are as follows: FLOOR: LONSEAL LONPLATE SAPPHIRE BLUE #165 (CUSTOM) RISER: STAINLESS STEEL WALL: WILSONART FASHION GRAY #D381 CABINET: FASHION GRAY PAINT - TEXTURED UPHOLSTERY: WEDGEWOOD BLUE !!! INSTALL BAR STYLE SQUAD BENCH CUSHIONS PER SIDE WALL DRAWING. INSTALL BACKREST CUSHIONS USING "HURRICANE CLIPS" ILO PUSH IN STYLE RETAINERS. (ISP00006) GF01S000 0 1 CUSTOM FLOOR: A non standard /stocking floor material is desired. TYPE: LONSEAL LONPLATE COLOR: 165 SAPPHIRE BLUE Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:46 AM Rev I Page 16 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total GF02M000 1 1 INSIDE CABINET FINISH: paint The interior of all aluminum cabinets shall have a durable paint finish. The painted surface shall be washable and non - absorbent. See the appropriate Interior Color Scheme option for paint color information. GF02P000 1 1 RISERS: The interior of this vehicle is to contain no wood or wood products. The risers are to be made of reinforced structural composite board covered with Formica per the color description. Formica will not installed on the risers if stainless steel riser options are selected. GF030000 0 1 STAINLESS STEEL RISER, cabinet wall Install stainless steel on cabinet wall riser. If a cabinet riser accent stripe is ordered the stainless steel will stop at the bottom edge of the stripe. GF03A000 0 1 STAINLESS STEEL RISER, bench wall Install stainless steel on squad bench riser. GF03C000 0 1 STAINLESS STEEL LOWER DOOR PANELS Finish lower section of inside patient compartment doors with stainless steel. If an interior accent stripe is ordered the stainless is to stop at the bottom of the stripe. ! ! ! DIAMOND PLATE PANELS ILO STAINLESS STEEL. GK12C100 0 1 SWIVEL MOUNT BASE FOR EVS SEAT The attendant seat will be mounted on a #10008235 EVS SB2 swivel seat base. This option will require the vehicle heat /ac system to be relocated into the bottom of the linen cabinet. Note: Not available with HOPS system. !!! DO NOT INSTALL SEAT OR SEAT BASE UNTIL CUSTOMER INSPECTION. GK12D000 0 1 EVS CHILD SAFETY SEAT WITH 3 -POINT SEAT BELT Delete the standard attendant seat cushion. Install a high back bucket seat with built in child seat restraints and 3 -point occupant restraint. The seat to be adjustable front to rear. !!! INCLUDE A RIGHT SIDE ARM REST !!! DO NOT INSTALL SEAT OR SEAT BASE UNTIL CUSTOMER INSPECTION Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:46 AM Rev I Page 17 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total Fi INTERIOR CABINETRY, STREET SIDE HK000000 1 1 LINEN CLOSET Install a vertical storage cabinet behind the attendant seat. The upper storage area shall house the primary electrical distribution area. The lower section shall be used for miscellaneous storage. Each area shall be accessed through hinged doors. The electrical distribution area shall include a Southco key lock /latching device. The entire cabinet shall be fabricated from aluminum and shall then be painted, unless otherwise specified. !!! INSTALL A CUSTOM REDUCED HEIGHT CABINET TO ACCOMMODATE HEAT /AC UNIT. CABINET WIDTH IS INCREASED DUE TO CUSTOM WIDTH OF STREETSIDE FORWARD COMPARTMENT. INSTALL CUSTOM DOORS ON CABINET PER DRAWING. !!! INSTALL VENTED PANELS IN THE LOWER DOORS ON THIS CABINET PER DRAWING. LOWER DOORS TO BE LAMINATE COVERED ALUMINUM. UPPER SIDE -BY- SIDE DOORS TO BE TRIMMED EDGE COSTRUCTION. ALL DOORS TO HAVE HAVE SELF - CLOSING HINGES. !!! INSTALL THE ELECTRONICS IN THE UPPER DOUBLE DOOR SECTION. INCLUDE A LOCKING SLAM LATCH ON THE LEFT DOOR AND A SECURITY STRIP AND THUMB RELEASE ON THE RIGHT DOOR. !!! SEE PSP00002 FOR WORK LIGHT. HKO01 B00 1 1 RADIUS STYLE CABINET TRIM Install smooth 1.5" radiused trim on all applicable interior cabinets. HK0113000 1 1 STREETSIDE WALL WITH CPR SEAT Street side wall to have CPR configuration. All cabinets over 14 "H will include (1) standard adjustable shelf. SEE DRAWINGS Hall -Mark Fire Michael Day CONFIGURE: CUSTOM CABINET WALL PER DRAWING. !!! CPR SEAT TO BE 34.00" WIDE. SEE HSP00002. !!! ANGLE THE SHELVES IN BOTH UPPER CABINETS SLIGHTLY DOWNWARD IN THE FRONT FOR CUSTOMER STORAGE BINS. (BINS NOT HORTON SUPPLIED OR INSTALLED) Thursday, April 09, 2015 7:31:46 AM Print Features Rev I Page 18 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total HK01 R000 0 1 LIFT UP CABINET FRAMES: street -side Fasten the Plexiglas door frame extrusion to a piano hinge secured to the cabinet wall. The complete frame and doors shall hinge open upward providing total access to the cabinet behind. The frame shall be held open with gas charged cylinders and secured in the down position with a sliding dead bolt. LOCATE: UPPER INHALATION CABINET. HK020000 0 1 CPR SEAT DROPDOWN BACKREST: The side attendant seat shall have a drop down seat back to extend the action area counter space. Finish backside with stainless steel. !!! INSTALL STOP CHAIN TO HOLD BACK OF CUSHION EVEN WITH COUNTER IN THE DOWN POSITION. !!! NOTE INSERT CABINET BEHIND THE CUSHION HSP00002. HK02L000 0 1 STORAGE BENEATH THE CPR SEAT A trimmed storage area shall be accessed by raising the hinged side attendant seat base cushion. HSP00001 0 1 SPECIAL INSTRUCTION, STREETSIDE CABINETRY !!! INSTALL A SHARPS /WASTE PULL -OUT DRAWER BELOW THE INHALATION COUNTER. SIZE PER DRAWING. !!! INCLUDE ACCESS THROUGH THE COUNTER TOP WITH A SLIDING AVONITE LID BETWEEN THE BOTTOM OF THE COUNTER TOP AND THE TOP OF THE CABINET. LID TO SLIDE FORWARD BELOW THE COUNTER TO ACCESS THE CONTAINERS. !!! INSTALL A FULL LENGTH EXTRUDED ALUMINUM HANDLE ON THE REAR EDGE OF THE SLIDING LID. !!! INSTALL A RUBBER STOP INSIDE SLIDE TRACK TO PREVENT HANDLE FROM HITTING TRAY. !!! SEE PREVIOUS BUILD. !!! NO REQUIREMENT TO INSTALL CONTAINERS. ! ! ! COPY 1 601 7 HSP00002 0 1 SPECIAL INSTRUCTION, STREETSIDE CABINETRY !!! INSTALL A 4" DEEP INSERT CABINET THROUGH THE BACK CABINET WALL BEHIND THE HINGE -DOWN BACKREST CUSHION. SIZE SAME WIDTH AS THE BACKREST CUSHION. INSTALL SLIDING PLEXIGLAS DOORS WITH 1.00" FINGER HOLES. BACKREST CUSHION TO COVER FRONT OF CABINET WHEN IN THE UP POSITION. SEE PREVIOUS BUILD. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:46 AM Rev I Page 19 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total I INTERIOR CABINETS AND SQUAD BENCH, CURB SIDE IA200000 1 1 SQUAD BENCH STORAGE: Storage shall be provided under the bench cushions. The area shall run where possible under the bench. The storage pan shall be fabricated from aluminum and shall be accessed by raising the split cushions. !!! BENCH CUSHIONS TO HAVE 0.50" OVERHANG. !!! FORWARD CUSHION HINGED, REAR CUSHION FIXED. 0 1 SQUAD BENCH: DELETE CUPS AND WELLS ig05f000 A 22" wide x 7211 long bench cushion shall be provided on the curb side of the patient area. The cushion shall be split. No provisions for stretcher cups and wells are provided. lGlOA000 1 1 BENCH HOLD OPENS: gas Install gas spring hold opens on squad bench lid. !!! INSTALL FOR FORWARD CUSHION ONLY. IG100000 1 1 BENCH HOLD -DOWN: paddle latches (Pair) Install recessed paddle latches into the squad bench riser to retain the squad bench lids in the closed position. The latches shall be both passive and positive. !!! INSTALL FOR FORWARD CUSHION ONLY. IG15A000 1 1 BENCH CUSHION EDGE TRIM: Trim bench cushion edge with protective aluminum trim, to protect horizontal edge of squad bench cushion from tears.. Hall -Mark Fire Michael Day Thursday, April 09, 2015 7:31:47 AM Print Features Rev I Page 20 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total ISP00001 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL A CUSTOM CABINET AT THE HEAD OF THE BENCH TO HOUSE A CUSTOMER SUPPLIED BD 305460 (8) QUART SHARPS CONTAINER AND A HORTON FABRICATED WASTE CONTAINER. CABINET TO BE 15 "W AND 15.50 "H AND EXTEND ABOVE THE BENCH CUSHION. INCLUDE A HIP PAD ON THE BENCH SIDE. SEE V: \0 Specification \16017 \Submitted Photos FOR SHARPS CONTAINER PHOTO. !!! INCLUDE A 10 "W OPENING WITH A HINGE -UP FRAME AND RED PLEXIGLAS SLIDERS WITH FINGER WELLS. INCLUDE A BALL CATCH LATCH INSIDE THE FRAME TO HOLD IT IN THE CLOSED POSITION. !!! INSTALL A FABRICATED WASTE CONTAINER IN THE OUTBOARD POSITION. !!! INSTALL A REMOVABLE HORIZONTAL DIVIDER INSIDE THE CABINET TO SECURE THE SHARPS CONTAINER ON THE AISLE SIDE OF THE CABINET. NOTE: NEED MAKE /MODEL NUMBER OR SHARPS CONTAINER ASAP FOR CABINET DESIGN. !!! CONSTRUCT CABINET PER PREVIOUS BUILD. SEE 14601 REFERENCE PHOTOS. ISP00002 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL A HINGED DOOR WITH GAS SPRING HOLD OPEN IN THE STEP WELL SIDE OF BENCH FOR ACCESS TO THE STORAGE AREA BELOW SHARPS /WASTE. !!! INSTALL (1) ADJUSTABLE SHELF IN THIS CABINET. ISP00003 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! HORTON TO FABRICATE /INSTALL A CUSTOM BENCH OVERHEAD CABINET. CABINET SIZE: I8 "H x 12.5 "D x WIDE AS POSSIBLE. NOTE CUSTOM CABINET ON THE FORWARD FACING REAR BENCH WALL (ISP00004) AND GLOVE BOX STORAGE OVER THE SIDE ENTRY DOOR. !!! CABINET TO INCLUDE SLIDING PLEXIGLAS DOORS AND A LIFT -UP FRAME. !!! NOTE KKK EXCEPTION - CURBSIDE SEATING HEADROOM IS NOT REQUIRED TO MEET STANDARD 43" CLEARANCE. SEE DRAWING. ISP00004 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL STORAGE FOR (3) GLOVE BOXES ABOVE THE SIDE ENTRY DOOR. INCLUDE A PADDED HINGE -UP LID WITH OVAL ACCESS OPENINGS AND BALL - CATCH LATCHES. ISP00005 0 1 SPECIAL INSTRUCTION, CURBSIDE CABINETRY !!! INSTALL BAR STYLE SQUAD BENCH CUSHIONS PER SIDE WALL DRAWING. INSTALL BACKREST CUSHIONS USING "HURRICANE CLIPS" ILO PUSH IN STYLE RETAINERS. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:47 AM Rev I Page 21 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total INTERIOR CABINETS, FRONT JAK03000 1 1 FRONT WALL CABINET: The front wall cabinet shall be arranged per drawing. Additional configuration information may follow. CABINET WALL FINISH: FASHION GRAY PAINT !!! CABINET TO BE 30.25 ". !!! EXTERIOR ACCESS PORTION OF CABINET TO HAVE MAXIMUM SIZE OPENING. CABINET FLANGES TO BE FLUSH OR BEHIND THE COMPARTMENT DOOR EXTRUSIONS. !!! FABRICATE LOWER CABINET SHELF FROM PERFORATED ALUMINUM WITH 1.00" FLANGES. !!! INVERT SHELF BELOW ISOTHERM UNIT. !!! INSTALL GRIP LOCK ON THE EDGES OF ALL SHELVES. !!! REDUCE THE REAR DEPTH OF ALL SHELVES 1.00" TO ALLOW SPACE BETWEEN THE BACK CABINET WALL FOR POWER CORDS TO PASS THROUGH. !!! INSTALL (2) 12 VDC MUFFIN FANS IN THE AISLE FACING SIDE OF CABINET: (1) UPPER AND (1) LOWER. WIRE LOWER FAN FOR INTAKE, AND UPPER FAN FOR EXHAUST. WIRE FANS TO TURN ON WHEN THE VEHICLE HEAT /AC SYSTEM IS ACTIVATED. !!! INCLUDE (1) 12 VDC MUFFIN FAN ON THE AISLE SIDE OF THE CABINET TO VENT THE ISOTHERM UNIT. (JSP00003) !!! NOTE MAX COOL UNIT IN UPPER CABINET SECTION. !!! NOTE PERKO VENT POWER INTAKE IN THE CLOSE -OUT ABOVE THE CABINET. JE050000 0 2 DOOR, SOLID HINGED FORMICA: The hinged cabinet door shall be solid construction and Formica covered. LOCATE: (2) PER DRAWING TYPE: SOLID TRIMMED EDGE CONSTRUCTION. JSP00001 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET Hall -Mark Fire Michael Day !!! INSTALL A 36 "H CUSTOM CABINET WITH (2) EQUAL SIZED REAR FACING DRAWERS IN THE UPPER SECTION. LOWER SECTION TO INCLUDE A STORAGE SECTION WITH A HINGED DOOR. LOCATE ON THE CENTER FRONT WALL AREA. SIZE EACH: MAXIMUM HEIGHT X MAXIUM WIDTH X I8 "D. DRAWING DIMENSIONS ARE REFERENCE ONLY. ! ! ! INCLUDE AVONITE COUNTER TOP. (FE06A000) Thursday, April 09, 2015 7:31:47 AM Print Features Rev I Page 22 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total JSP00002 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! INSTALL A CEILING MOUNTED CABINET AGAINST THE FRONT WALL FOR THE VEHICLE HEAT /AC SYSTEM PER DRAWING. CABINET SIZE: 11 "H x 22 "W x 21"D. !!! INSTALL THE INTAKE GRILLES IN THE TOP OF THE CABINET, DISCHARGE VENTS TO BE IN FRONT FACE. JSP00003 0 1 SPECIAL INSTRUCTION, FRONT WALL CABINET !!! SUPPLY /INSTALL A MODEL #CR36SS 12124V, STAINLESS STEEL ISOTHERM DRAWER ON SHELF, IN CENTER CABINET SECTION. WIRE BATTERY HOT. !!! INSTALL ISOTHERM INBOARD AS FAR AS POSSIBLE AND INSTALL A PERFORATED PANEL TO THE RIGHT SIDE OF DRAWER. !!! INCLUDE (1) 12 VDC MUFFIN FAN ON THE AISLE SIDE OF THE CABINET TO VENT THE ISOTHERM UNIT. K MODULE INTERIOR ACCESSORIES AND TRIM KG02B000 2 4 IV HANGER, CAST PRODUCTS WITH RUBBER ARM Cast products recessed IV hangers with rubber arms for attaching solution bags shall be installed in the designated locations. LOCATE: (4) PER DRAWING. KG071000 0 1 INFUSION PUMP RAIL Install an infusion pump rail in the location noted below. !!! ILOS, INSTALL A 1.25" DIAMETER HANSON RAIL WITH RUBBER INSERTS. LOCATE: INBOARD REAR CORNER OF THE INHALATION TRAY. KG09B000 1 1 CEILING GRAB RAIL: standard (2) 2ft rails or (1) 6ft rail anti - microbial Cabinet wall "A" will have (1) 6' rail over cot as standard. Cabinet wall "B" will have (2) 2' rails, 1- forward and 1 -to rear of CPR seat. !!! ILOS, INSTALL A SINGLE 6 FT RAIL STREETSIDE PER DRAWING. KG09F000 0 1 GRAB RAIL: 8ft with anti - microbial coating Install 8 foot main grab rail with anti - microbial coating. LOCATE: CURBSIDE PER DRAWING. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:47 AM Rev I Page 23 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total KG09K000 1 1 PATIENT DOOR GRAB RAILS: angled with anti - microbial coating All patient access doors to have heavy duty angled stainless steel grab rails with smooth radius corners and flange mounting and anti- microbial coating. KG110000 1 1 FLOOR TRIM Trim floor with cove molding at non rolled areas of floor. KG120000 1 1 CABINET TRIM Trim all vertical and horizontal edges. KG16B000 1 1 CEILING MATERIAL, PLATINUM WHITE ALUMINUM COMPOSITE The standard module ceiling material shall be platinum white aluminum composite. KG17A000 2 2 FIRE EXTINGUISHERS: 51b ABC Supply five pound fire ABC extinguisher(s). Ship loose, or identify mounting location(s). !!! SHIP LOOSE KL33B000 0 1 REAR RADIO SPEAKERS Install two rear speakers in patient compartment. Volume control to be integral to the rear switch panel and controlled by individual up /down momentary switches. LOCATE: FRONT AND REAR OF THE PATIENT AREA CEILING PER DRAWING. !!! PAINT COVERS WHITE TO CLOSELY MATCH CEILING. (EXACT MATCH IS NOT GUARANTEED. !!! WIRE SPEAKERS WITH SHIELDED WIRE TO PREVENT RF INTERFERENCE. L COT MOUNTS AND ACCESSORIES Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:47 AM Rev I Page 24 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total LG0313500 0 1 COT SAFETY HOOK A yellow cot safety hook shall be installed on the floor near the rear doors. The provided hook shall match the manufacturer of the cot mount. !!! DO NOT INSTALL - SHIP LOOSE WITH INSTALLATION HARDWARE. (OR INSTALL AT CUSTOMER INSPECTION IF REQUESTED) LG03F000 0 1 COT MOUNT, SINGLE: Stryker Install Stryker cot mount for single position. COT MODEL: 6082 LOCATE: CENTER POSITION ONLY. !!! DO NOT INSTALL COT UNTIL CUSTOMER INSPECTION M LIGHTBARS FRONT AND REAR MAM148FO 1 1 FRONT LIGHTBARS FOR 96" BODIES 0 1 LIGHT BAR: custom front mam15y00 Install special front light bar. MODEL: WHELEN FREEDOM 60.00" BAR WITH CLEAR LENS CONFIGURE: RED / RED / CLEAR / RED / RED / CLEAR /CLEAR /RED /RED /CLEAR /RED /RED !!! NO LIGHT BAR LAYOUT PROVIDED. MATCH 16017 LIGHT BAR. 0 1 LIGHT BAR MOUNT: cab roof mam20a00 Mount light bar on cab roof. MODEL: SELECTED ABOVE MAM148RO 1 1 REAR LIGHTBARS FOR 96" BODIES Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:48 AM Rev I Page 25 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total 0 1 LIGHT BAR: custom rear mbm15z00 Install special rear light bar. MODEL: WHELEN TAL85 TRAFFIC ADVISOR CONFIGURE: ALL AMBER, NO CONTROL HEAD LOCATE: REAR FACE DIRECTLY BELOW DRIP RAIL. !!! INSTALL (3) SWITCHES IN THE FRONT CONTROL PANEL: LEFT TURN, RIGHT TURN, AND RANDOM FLASH. !!! INCLUDE TOP MOUNTED CENTER ICC LIGHT CLUSTER. 0 1 LIGHT BAR MOUNT: rear face of body mbm20C00 Mount selected light bar to rear face of module body. Vertical surface mount bars, are mounted flush to face. Traditional light bars mount to Cast product brackets on the face of the module body. MODEL: SELECTED ABOVE MM ELECTRICAL EMERGENCY VISUAL WARNING SYSTEMS MM030000 1 1 WHELEN M SERIES LIGHTING OPTIONS: 0 8 M4 SERIES LED, RED /WHITE SIDE TO SIDE SPLIT m m04rw00 Whelen M4 series L.E.D. lights shall be installed in the designated locations. LOCATION: (2) FRONT FENDER INTERSECTION LIGHTS - REDS FORWARD (2) EXTENDED CAB PORTION - BETWEEN CAB DOOR AND ROLL -UP DOOR - INSTALL VERTICAL, REDS DOWN (2) ON DIAMOND PLATE TANK COVER BELOW ROLL -UP DOORS - REDS FORWARD (2) ABOVE MODULE WHEEL WELLS - REDS FORWARD 0 1 M7 SERIES LED, AMBER m m07a000 Whelen M7 series L.E.D. lights shall be installed in the designated locations. LOCATION: CENTERED ABOVE REAR ENTRY DOORS LENS COLOR: CLEAR 0 6 M7 SERIES LED, RED /WHITE SIDE TO SIDE SPLIT m m07rw00 Whelen M7 series L.E.D. lights shall be installed in the designated locations. LOCATION: (4) AS GRILLE LIGHTS - RED OUTBOARD (2) FORWARD SIDES OF CHASSIS HOOD AS INTERSECTION LIGHTS. REDS FORWARD. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:49 AM Rev I Page 26 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total 0 2 M9 SERIES LED, AMBER m m09a000 Whelen M9 series L.E.D. lights shall be installed in the designated locations. LOCATION: REAR FACE, UPPER WINDOW LEVEL LENS COLOR: CLEAR 0 10 M9 SERIES LED, RED m m09r000 Whelen M9 series L.E.D. lights shall be installed in the designated locations. LOCATION: (2) FRONT FACE, UPPER OUTBOARD CORNERS - NOTE OL350000. (2) STREETSIDE (2) CURBSIDE (2) REAR FACE, LOWER WINDOW LEVEL (2) REAR FACE, UPPER OUTBOARD CORNERS LENS COLOR: CLEAR MM10CL00 0 2 L.E.D. WARNING: compartment door SINGLE COLOR (EACH) Install custom made L.E.D. light strips on the interior of the exterior compartment door panels. The light strips shall have an integral lens strip for maximum light disbursement. Installation will be flush with the ALD inner panel. The light strip shall flash when the compartment door is open, and the red flashing light circuit is activated. COMPARTMENT: STREETSIDE FORWARD LED COLOR: CLEAR !!! INSTALL (1) AT TOP OF DOOR AND (1) AT BOTTOM OF DOOR. LIGHTS TO DOUBLE FLASH IF DOOR IS OPENED AND MODULE DISCONNECT SWITCH IS ON. MMSP0010 0 1 SPECIAL INSTRUCTION, VISUAL EMERGENCY WARNING SYSTEMS !!! INSTALL (2) AMBER TIR6 LED WITH CLEAR LENS. !!! PROGRAM TO DOUBLE FLASH WITH EMERGENCY LIGHTING. LOCATE: IN THE REAR RISER, CENTERED BELOW THE BRAKE /TAIL LIGHTS, (1) ON EACH SIDE. MMSP0020 0 1 SPECIAL INSTRUCTION, VISUAL EMERGENCY WARNING SYSTEMS !!! PROGRAM SECONDARY MODE FOR MANUAL ACTIVATION ONLY. MN AUDIBLE EMERGENCY WARNING SYSTEMS Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 27 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total MN09N000 1 1 AIR HORN: medium duty chassis The chassis shall have air horns installed from the chassis manufacturer. The air horns shall use the chassis air system. The air horns can only be activated when the vehicle is in gear. TRUMPET LOCATE: OEM - EACH SIDE OF CHASSIS HOOD. ACTIVATION: OEM !!! INCLUDES (2) FOOT SWITCHES - LOCATE AT CUSTOMER INSPECTION FOR FIRST UNIT. MN35B000 0 1 SIREN:295SLSC1 Specified siren to be: WHELEN WS295SLSC1 !!! WIRE TO CURBSIDE FRONT SPEAKER. MN35EF20 0 1 SIREN, FEDERAL EQ213 Specified siren to be: Federal EQ2B 200 watt electronic with digital output control. !!! WIRE TO STREETSIDE FRONT SPEAKER. MN40A000 1 1 SIREN INSTALL: The siren listed above shall be supplied and mounted as defined. MN45FL00 1 1 SPEAKERS: C.P. Freightliner Cast Products speakers #SA3805 to be mounted in front bumper. MN50A000 1 1 SPEAKER INSTALL: bumper Speaker Selections (Bumper Installed) Q LIGHTS OL09M000 0 1 KKK SIDE BODY MARKER LIGHTS, M6 SERIES L.E.D. (PAIR) Install red Whelen L.E.D. M6 series turn /marker lights on each rear side of the module body. Lights provide module body night time side lighting visibility and turning signal indication. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 28 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total OL34L000 1 1 LED EXTERIOR COMPARTMENT LIGHTING All exterior compartments will be lighted with LED strip lighting. A vertical strip will be installed inside both sides of each compartment. The lights shall be directed toward the back of the compartment. OL350000 0 1 ICC MARKER LIGHTS LED ICC marker lights shall be installed. !!! INSTALL FRONT OUTBOARD ICC LIGHTS SO THE UPPER EDGE OF THE BRUSH GUARD IS AS CLOSE TO THE DRIP RAIL AS POSSIBLE. RED FLASHING LIGHTS TO BE INSTALLED AS CLOSE TO BOTTOM OF BRUSH GUARDS AS POSSIBLE. OM25CWO 0 4 M9 SERIES LED SCENE LIGHT Install Whelen M9 series LED side scene lights. LOCATE: (2) PER SIDE PER DRAWING. OM26B000 0 2 WHELEN PFP1 SINGLE PANEL PIONEER PLUS SUPER LED FLOODLIGHT Install a Whelen PFP1 super LED floodlight as noted below. Install using a PBA103 semi - recess housing. QTY: (2) LOCATE: ABOVE REAR ENTRY DOORS, OUTER EDGES FOR REAR SCENE LIGHTS ONLY. !!! DO NOT ACTIVATE WITH LOAD LIGHTS. LOCATE CONTROL SWITCH BESIDE DUMP SWITCH ON CURBSIDE REAR ENTRY DOOR, AND FRONT CONTROL PANEL SWITCH. OM26C000 0 2 WHELEN PFA2 DUAL PANEL SUPER LED FLOODLIGHT Install a Whelen PFA2 super LED floodlight as noted below. Install using a PBA203 semi - recess housing. !!! SUPPLY /INSTALL (2) WHELEN PIONEER PFA2 LED LIGHTS WITH PFA2BAIL BROW MOUNTS (ILOS SEMI - RECESSED HOUSINGS) LOCATE ONE ON EACH SIDE OF THE CHASSIS ROOF ABOVE THE ROLL -UP DOOR COMPARTMENTS PER DRAWING. !!! INCLUDE SEPARATE FRONT CONSOLE PANEL SWITCHES. !!! COPY PREVIOUS 16017 FOR SWITCH LAYOUT Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 29 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total OM30D000 0 1 TAIL LIGHTS, M6 SERIES Whelen M6 series brake /tail, amber arrow turn and backup lights to be installed in the selected location. LOCATE: TAIL /STOP AND REVERSE, HORIZONTALLY IN REAR RISER, AND TURNS ABOVE REAR RISER PER DRAWING. INSTALL TURN SIGNALS 5.25" HIGHER THAN STANDARD. !!! PROGRAM TURN ARROWS FOR SEQUENCE ARROW 60 FLASH PATTERN. !!! PROGRAM BRAKES FOR SIGNAL ALERT FEATURE. OSP00001 0 1 SPECIAL INSTRUCTION, ELECTRICAL !!! INSTALL A JABSCO #60020 -0000 135SL REMOTE CONTROL SEARCHLIGHT. LOCATE: CAB ROOF BEHIND THE CENTER OF THE LIGHTBAR USING A HORTON FABRICATED PAINTED ALUMINUM HAT SECTION. INSTALL THE CONTROLS IN THE CENTER OF THE FRONT CONSOLE EVEN WITH THE REAR OF THE CAB SEATS. INSTALL "ON /OFF" LABEL FOR THIS LIGHT. OSP00002 0 1 SPECIAL INSTRUCTION, ELECTRICAL !!! INSTALL A RED ICC STYLE LIGHT CENTERED IN THE UPPER SECTION OF THE CLOSE -OUT ABOVE THE REAR DOORS. WIRE FOR BRAKE ACTIVATION ONLY. DO NOT INCLUDE BRUSH GUARD. OSP00003 0 1 SPECIAL INSTRUCTION, ELECTRICAL !!! INSTALL (2) WHELEN M6ZC LOAD LIGHTS ABOVE REAR ENTRY DOORS JUST INBOARD OF THE PIONEER SCENE LIGHTS. !!! PROGRAM FOR LOAD LIGHT FUNCTIONS. P ELECTRICAL POWER GROUP PAL00003 0 1 INTELLIPLEX MULTIPLEX ELECTRICAL SYSTEM: Install the Intelliplex Multiplex electrical system. PALOOA00 0 1 MODULE DISCONNECT DEFAULT The module disconnect circuit shall default to the "on" position when the battery switch is activated. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 30 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total PAL01 B00 1 1 BATTERY SWITCH: std. operation The "Master" battery switch shall switch battery power "on" and "off" to the ambulance body and conversion added electrical circuits only. All OEM chassis electric's, (headlights, ignition, keep alive) shall remain wired "hot" and have no ability to be switched "off ", and provide circuit function as provided by the chassis manufacturer. NOTE: DO NOT MODIFY OEM BATTERY SWITCH UNLESS STATED BELOW. PAL02200 1 1 INVERTER INSTALL OPTIONS: 0 1 INVERTER: 20- 1000TUL interface pa102g00 A Vanner #20- 1000TUL inverter shall be installed in the vehicle's designated electrical equipment location. Included will be a Vanner Interface Module, Inverter Status Panel, and Control Switch. The switch will be installed in the inhalation panel for inverter activation. LOCATE: STREETSIDE INTERMEDIATE ELECTRICAL AREA. !!! INSTALL THE INVERTER STATUS PANEL ON THE INHALATION WALL, AND THE CHARGER STATUS PANEL ABOVE THE SHORELINE INLET. PAL04D00 1 1 CHARGER /POWER SUPPLY: 45 AMP Install a 45 amp battery conditioner in the designated electrical equipment area. Conditioner to be wired to the batteries through the standard shoreline inlet. ! ! ! ILOS, INSTALL ZANTREX #804- 5012XC 5012 50 AMP CHARGER. PAL30A00 2 5 110V INTERIOR OUTLET Two 110V interior outlets are provided as standard on all models. The standard locations are in the inhalation area and the wall over the squad bench. List the standard outlet locations and any deviation from the standard, plus any additional outlet locations below: Hall -Mark Fire Michael Day LOCATE: (1) FORWARD INHALATION AREA (1) REAR INHALATION AREA (1) FRONT WALL ABOVE COUNTER TOP, RIGHT SIDE (2) FRONT WALL CABINET, LOWER SECTION PER DRAWING Thursday, April 09, 2015 7:31:50 AM Print Features Rev I Page 31 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total PAL31 C00 3 2 INTERIOR 12VDC OUTLETS: cigarette lighter type 12 volt outlets to use cigarette lighter style connectors. LOCATE: (1) FORWARD INHALATION AREA (1) FRONT WALL CABINET, UPPER SECTION, LEFT SIDE CONFIGURE: BATTERY HOT PAL38E00 0 2 SHORELINE, KUSSMAUL SUPER AUTO EJECT, 20 AMP NON ARCING Install a 20 amp Kussmaul non - arcing auto ejection shoreline receptacle. LOCATE: FRONT FACE OF BODY ON ANGLED HOUSING. !!! SEE V: \0 Photos \16017 \16017 FOR REFERENCE PHOTOS OF PREVIOUS BUILD HOUSING. !!! (1) TO BE DEDICATED TO THE COLEMAN ROOF TOP AC SYSTEM, (1) TO BE FOR REMAINDER OF VEHICLE. LABEL EACH INLET FOR USE. PAL381LO 0 2 SHORELINE INDICATOR: Install an indicator pilot light to show power to A.C. circuits and presence of activated shoreline. LOCATE: ABOVE EACH SHORELINE INLET IN A STAINLESS STEEL PLATE CONFIGURE: WELDON GREEN LED PAL40000 1 1 EXTRA 12VDC CIRCUIT BREAKER: An extra circuit breaker shall be installed. PL10A000 1 1 SWITCH PANEL MOUNT: Switch panel to be flush mounted in upper face of console. PL11A000 0 1 LIGHT PROGRAMMING: side rear scene The side rear scene lights shall be wired to transmission reverse, plus standard mode of operation. PL11 B000 0 1 LIGHT PROGRAMMING: right side scene The right side scene lights shall come "on" when the side patient door is opened. !!! IATS, ACTIVATE THE STREETSIDE AND CURBSIDE SCENE LIGHTS WHEN ANY COMPARTMENT DOOR ON THE RESPECTIVE SIDE OF THE BODY IS OPENED. THIS INCLUDE ROLL -UP DOORS IN THE EXTENDED CAB. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 32 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total PL11C000 0 1 LIGHT PROGRAMMING: load light The rear load lights shall be wired to transmission reverse, plus the standard mode of operation. PL11 E000 0 1 LIGHT PROGRAMMING: modular disconnect timer The module disconnect shall be wired to automatically shut -down when inadvertently left in the on position, with the engine turned OFF and the battery switch in the ON position. TIME OUT: 10 MIN. CONFIGURE: DO NOT TIME OUT IF SHORELINE IS PLUGGED IN PL11 F000 1 1 PROGRAMMING: AUDIBLE LOW VOLTAGE ALARM Program an audible alarm to activate if the voltage drops below 11.8 volts for 120 seconds. PL11G000 1 1 LIGHT PROGRAMMING: park brake A warning shall display on the front console readout, advising to set the Parking Brake, should the modular disconnect switch be "ON" and the transmission placed in "PARK" or "NEUTRAL ". It will also advise to Disengage the Parking Brake should the vehicle be placed into gear. CONFIGURE: WIRE ALARM TO ACTIVATE WITH RED FLASHER CIRCUIT PL200000 0 1 CLOCK: aircraft An aircraft style back lighted clock with sweep second hand shall be installed. The clock shall include a hinge for easy access to changing the time or battery. LOCATE: CLOSE -OUT OVER REAR DOORS PL21A000 0 1 INTERCOM: Install cab to module body IC -100 voice intercom. !!! LOCATE ON FRONT CONSOLE AND REAR INHALATION PANEL NEAR ATTENDANT SEAT. (THIS IS IN ADDITION TO THE DAVID CLARK SYSTEM) !!! INSTALL AN INLINE NOISE FILTER TO PREVENT FEEDBACK. PL230000 0 2 CAB CEILING LIGHTS: Two (2) Signal Stat lights shall be installed in the cab headliner and shall have an individual switch on each light. !!! ILOS, INSTALL WELDON #8080 - 7000 -13 LED LIGHTS WITH RED /CLEAR LENS. INSTALL (1) OVER EACH CAB SEAT. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 33 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total PL24T000 0 1 LAMP TIMER: programmable Install an electronic momentary touch timer switch where specified. The switch will enable time limited operation of the below listed lights, with the battery switch in the off position. !!! INSTALL (1) TIMER CIRCUIT WITH (2) SWITCH LOCATIONS. SWITCH LOCATIONS: (1) CURBSIDE FORWARD WALL (1) CURBSIDE REAR ENTRY DOOR LIGHT(S) CONTROLLED: DOMES SET ELAPSED TIME FOR: 30 MINUTES PL27CA00 0 10 PATIENT CEILING DOME LIGHTS: WHELEN LED Install Whelen 8000EHCR LED dome lights in the patient area ceiling per the locations listed below. The lights will have a high /low feature with the switch in the rear control panel. LOCATE: PER DRAWING PL29P000 0 3 PREWIRE FOR FUTURE STREAMLIGHT INSTALLATION Prewire shall be provided as noted below for future installation of Streamlight charger bases. LOCACATE: (1) STREETSIDE REAR COMPARTMENT, LEFT WALL. (1) CHASSIS CAB BEHIND CONSOLE. (1) LOWER LINEN CABINET. !!! WIRE BATTERY HOT. !!! ALL TO BE PROTECTED BY A 20 AMP BREAKERS. !!! COIL 4 FT SERVICE LOOP FOR STREETSIDE REAR COMPARTMENT. COIL 2 FT SERVICE LOOP FOR THE OTHER TWO PRE- WIRES. LABEL ALL. PM110000 0 1 LIGHT PROGRAMMING: brake light Lower red flashing lights to operate as brake lights when not in the warning mode. CONFIGURE: FLASHERS TO OVERRIDE BRAKE LIGHT FEATURE NOTE: FEATURE TO ACTIVATE REGARDLESS OF MODULE DISCONNECT STATUS !!! WIRE TO THE OUTBOARD UPPER M9 LIGHTS. PSP00001 0 1 SPECIAL INSTRUCTION, ELECTRICAL POWER, PROGRAMMING !!! INSTALL A WHELEN PAR 16 LED STEPWELL LIGHT ILOS. LOCATE ON BENCH SIDE OF STEPWELL. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 34 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total PSP00002 0 1 SPECIAL INSTRUCTION, ELECTRICAL POWER, PROGRAMMING !!! INSTALL (2) THIN LIGHT #111 FLUORESCENT LIGHTS: LOCATE: (1) STD INHALATION AREA LOCATION (1) CEILING OF ELECTRONICS CABINET !!! INSTALL (1) TECNIQ E06- LS00 -1 (4 ") ROUND LED LIGHT WITH S/S TRIM RING. LOCATE: BOTTOM OF THE CEILING MOUNTED FRONT WALL HEAT /AC UNIT TO ILLUMINATE THE COUNTER TOP. INCLUDE REAR CONTROL PANEL SWITCH. Q HEATING, AIR CONDITIONING AND INTERIOR ENVIRONMENT QH291000 0 1 CABINET MOUNTED HEAT /AC UNIT FOR SWIVEL ATTENDANT SEAT The vehicle heat /ac unit will be installed in the bottom of the linen cabinet instead of the attendant seat base. Requires vertical mounting of a custom combo unit. Unit will use (1) #10008973, 3 -ply filter. !!! INSTALL HEAT /AC UNIT IN CUSTOM FRONT WALL CEILING CABINET. !!! RELOCATE THE RELAY FOR THE HEAT /AC SYSTEM INSIDE THE ELECTRONICS CABINET. QH29L500 0 1 HEAT /AC FREIGHTLINER, DUAL COMPRESSOR, TOP MOUNT AUX CONDENSOR Install a ProAir 12V heat /AC system below the attendant seat. Unit is to include a replaceable filter at the air intake point. A dual compressor system shall be installed with an auxiliary AC condenser mounted on the front face of body. !!! THIS TO BE A TRIPLE FAN CONDENSOR ILOS. QH29MX00 0 1 MAX COOL II DUAL A/C UNIT Hall -Mark Fire Michael Day Install a dual 12V air conditioning system as noted below. The second A/C unit shall be a ProAir 938. This system shall include a second evaporator and a 3 -fan condenser and shall be run off of the auxiliary A/C compressor. This system shall include a separate 'High /Low' function at the second unit. This second unit shall operate as A/C only. An accumulator is required for this installation. LOCATE: ABOVE FRONT WALL CABINET. Thursday, April 09, 2015 7:31:50 AM Print Features Rev I Page 35 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total QH300000 0 1 ULTRAVIOLET LAMP IN A/C SYSTEM DUCT Install an ultraviolet light in the A/C air duct. ! ! ! INSTALL BEHIND THE INTAKE GRILLE. !!! INSTALL THE LENS FROM A SMALL INDICATOR LIGHT IN THE SIDE OF THE AC DUCT ABOVE THE AISLE VENT SO IT IS IN LINE WITH THE LOCATION OF THE UV LIGHT INSIDE THE CABINET SO LIGHT WILL ILLUMINATE LENS WHEN UV LIGHT IS ON. QH310000 0 1 3 -PLY PANEL INTAKE FILTER Install a 3 -Ply Panel air intake filter ILOS. (1) 16.75" x 8.75" #10008973 for attendant seat base or above right front cabinet. (2) 13" x 18" #10009296 over #1 compartment or in bottom of linen cabinet. Filters will be behind stainless steel intake grills. LOCATE: FRONT WALL AC & MAXCOOL. MAY NEED TO CUSTOM ORDER FILTERS PER 16017. QL43C000 0 2 PERKO POWER VENT Install a Perko power vent. Use existing ceiling plate and vent to outside of modular body. !!! FORWARD VENT TO BE POWER INTAKE AND LOCATED ABOVE FRONT WALL CABINET AND FRONT MODULE FACE. REAR TO BE POWER EXHAUST AND LOCATED STREETSIDE PER DRAWING. !!! ILOS, INSTALL ADJUSTABLE LOUVER STYLE INTERIOR VENTS IN THE UPPER CLOSE -OUTS PER DRAWINGS. QSP00001 0 1 SPECIAL INSTRUCTION, HEAT /AC & INTERIOR ENVIRONMENT !!! SUPPLY /INSTALL A COLEMAN MACH 3 P.S. RV AIR CONDITIONER UNIT ON MODULE ROOF PER DRAWING. AC ONLY, NO HEAT STRIP REQUIRED. !!! INSTALL A DIAMOND PLATE GUARD AROUND UNIT WITH PUNCHED LOUVERS FOR VENTILATION. WIRE TO SHORELINE. R CAB CONSOLE AND COMMUNICATIONS RJOlA000 1 1 ANTENNA COAX 1: An RG 58U coax shall be installed so that the ambulance conversion need not be disassembled. EXTERIOR TERMINATION: DRIVER SIDE OF CAB ROOF INTERIOR TERMINATION: INSIDE FRONT CONSOLE !!! INSTALL DEALER SUPPLIED CABLE. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 36 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total 13,10113000 0 1 ANTENNA COAX 2: Install additional antenna coax and accesses. EXTERIOR TERMINATION: MODULE CEILING, FORWARD OF ATTENDANT SEAT INTERIOR TERMINATION: CABINET BELOW ELECTRONICS !!! INSTALL DEALER SUPPLIED CABLE. RJ01C000 0 1 ANTENNA COAX 3: Install additional antenna coax and accesses. EXTERIOR TERMINATION: REAR CENTER OF MODULE ROOF INTERIOR TERMINATION: BEHIND INHALATION AREA !!! INSTALL TEFLON CABLE FOR CELLULAR PHONE. (HORTON CABLE) RJ030000 0 1 ANTENNA 1: Supply and install a K -94 mount and coax. COAX NUMBER: RJOIA ONLY. RJ040000 1 1 RADIO CABLE PULL WIRE A standard pull wire for radio installation shall be installed from behind the driver's seat to behind the inhalation panel. !!! ILOS, INSTALL INSIDE CONDUIT CALLED OUT IN RSP00002. RJ05B000 1 1 FRONT CONSOLE: A console shall be fabricated to coordinate with the interior cab color. Room shall be provided on the face of the console for installation of radio and siren controls. !!! CONSOLE AND EXTENSION TO BE BLACK SCORPION COATED. EXTENSION TO INCLUDE ADJUSTABLE DIVIDERS. !!! CONSOLE TO HAVE ANGLED FACEPLATE IN FRONT NEAR DASH. INSTALL THE FRONT CONTROL PANEL IN THIS FACEPLATE PER DRAWING. !!! THE REMAINDER OF CONSOLE TO BE HORIZONTAL INCLUDING A SEPARATE FACE PLATE FOR THE BATTERY SWITCH, AND A FACE PLATE FOR THE SIREN HEAD. !!! INSTALL (3) 4" WIDE MAP SLOTS. (MAPS SLOTS TO BE ADJUSTABLE) Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 37 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total RJ06A000 0 2 RADIO HEAD PRE -CUT: front Cut out control console for radio head(s). MODEL #: (1) INSTALL CUSTOMER SUPPLIED MOTOROLA RADIO HEAD ON THE CONSOLE PER DRAWING. (1) REALM RADIO - INSIDE FORWARD MAP SLOT - DRIVER SIDE. !!! RADIOS ARE CUSTOMER SUPPLIED RJ06B000 0 1 RADIO HEAD PRE -CUT: rear Cut out rear action panel for radio head(s). MODEL #: ILO PRE -CUT, INSTALL A CUSTOMER SUPPLIED RADIO UNDER THE FORWARD SECTION OF THE INHALTION PANEL. RJ070000 0 2 RADIO CABLE INSTALL: customer supplied Customer supplied radio cables will be installed during the vehicle construction. Cables to be tagged and marked at each end to identify their installed location. All cables shipped to Horton must have the vehicle production number clearly marked on the shipping package, and delivered prior to or at time of modular pre -wire. CABLE LOCATIONS: (1) FROM TRANSCEIVER TO FRONT RADIO HEAD (1) FROM TRANCEIVER TO THE REAR RADIO HEAD RJ080000 1 4 RADIO POWER /GROUND: Install 6 gauge cable to positive and ground studs for radio power. LOCATE: (1) IN RADIO CABINET BELOW ELECTRONICS (1) BEHIND INHALATION PANEL (2) INSIDE CONSOLE CONFIGURE: BATTERY HOT, BATTERY SWITCHED AND GROUND AT ALL LOCATIONS. !!! IATS, INSTALL A 12V HOT MEMORY WIRE TO TERMINATE INSIDE THE RADIO CONSOLE. THIS CIRCUIT TO BE WIRED WITH A 15 AMP BREAKER. RSP00001 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS Hall -Mark Fire Michael Day !!! HORTON TO SUPPLY /INSTALL A DAVID CLARK 3800 INTERCOM SYSTEM. !!! INSTALL (2) #H3442 HEADSET JACKS IN THE CAB CEILING BETWEEN THE SEATS. INSTALL THE HEADSET HOOKS AT CUSTOMER INSPECTION. !!! INSTALL (1) JACK IN THE INHALATION PANEL FACING DOWN. !!! SYSTEM TO BE OPERATIONAL AT DELIVERY EXCEPT FOR RADIO INTERFACE. !!! MASTER CONTROL TO BE LOCATED IN THE OEM OVERHEAD CONSOLE. !!! See V: \0 Specification \16017 \David Clark FOR DEALER SUPPLIED PARTS LIST WORKSHEET AND SCHEMATIC. Thursday, April 09, 2015 7:31:50 AM Print Features Rev I Page 38 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total RSP00002 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! INSTALL A 3" LARGE FLEXIBLE RUBBER CONDUIT FROM THE SIDE OF THE RADIO CABINET (BELOW THE ELECTRONICS) TO BEHIND THE DRIVER SEAT. RSP00003 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! INSTALL A CUSTOMER SUPPLIED LAPTOP COMPUTER MOUNT IN THE FORWARD MAP SLOT - RIGHT SIDE. RSP00004 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! INSTALL THE MOTOROLA XLT TRANSCEIVER IN THE CABINET BELOW THE ELECTRONICS. !!! INSTALL A CUSTOMER SUPPLIED SIERRA WIRELESS MODEM ON THE DRIVER SIDE OF THE FRONT CONSOLE WITH THE INDICATOR LIGHTS FACING UP. INCLUDES (2) MODEM ANTENNAS WITH CABLES THAT LOCATE ON THE PASSENGER SIDE OF THE CHASSIS ROOF 24" APART, AND 24" AWAY FROM RJOIA000. TERMINATE CABLES ON THE DRIVER SIDE OF THE CAB CONSOLE. (FOR CONNECTION TO MODEM) RSP00005 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! SUPPLY /INSTALL A KUSSMAUL #425 - 5230 -0 MOBLIE DATA POWER SUPPLY SYSTEM FOR THE LAPTOP COMPUTER. INSTALL ON THE CHASSIS FLOOR BEHIND THE CAB CONSOLE BELOW THE RADIO SPEAKER (RSP00006). RSP00006 0 1 SPECIAL INSTRUCTION, CAB CONSOLE & COMMUNICATIONS !!! INSTALL (2) CUSTOMER SUPPLIED RADIO SPEAKERS. LOCATE: (1) ON THE REAR OF THE CONSOLE, DRIVER SIDE (1) BEHIND THE REAR SECTION OF THE INHALATION PANEL T OXYGEN AND SUCTION TNO02000 1 1 OXYGEN BOTTLE MOUNT, VERTICAL TRACK FOR QRM -V Vertical track for mounting of a QRM -V 02 bottle mount shall be welded on the back wall of the compartment in the right hand corner. The 02 bottle mount is adjustable for "M" or "H" size tanks. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 39 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total TN01MW00 1 1 OXYGEN BOTTLE, CYLINDER BRACKET: Zico Zico QRM -V oxygen bracket shall be installed. LOCATE: BACK COMPARTMENT WALL, RIGHT SIDE. (STANDARD LOCATION) BOTTLE SIZE: "M" TN020000 0 1 OXYGEN ACCESS: A clear Plexiglas for access to the so that it swings opening shall be dimension of the door shall be provided in the patient area wall oxygen cylinder valve. The door shall be hinged into the oxygen cylinder storage compartment. The trimmed with anodized aluminum edging. O.D. access is 7" wide x 11" high. TN030000 2 2 OXYGEN OUTLETS, STANDARD Two oxygen outlets to be provided as standard and located in the inhalation panel unless relocated per option TN03RL00. TN03A000 0 2 OXYGEN OUTLET: additional Install additional oxygen outlet(s). LOCATE: (1) CURBSIDE FORWARD WALL PER DRAWING. (1) CEILING CENTERED OVER FOOT OF COT. REQUIRES ADDITIONAL CEILING PLATE. TN04A000 1 1 ADAPTER TYPE: Ohio Diamond II Oxygen outlets to be Ohio Diamond II. TN050000 1 2 FLOWMETER: Supply dial type flowmeter. TN060000 1 1 OXYGEN WRENCH: Install oxygen wrench in oxygen compartment. Mount secure so not left hanging. Mount with length of chain or cable so not removable. TN08B000 0 2 D BOTTLE MOUNT: single, 521 model Install a F.W. #521 oxygen bracket. LOCATE: SHIP LOOSE. !!! SET UP FOR SUPER "D" CYLINDERS. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 40 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total TN100000 1 1 VACUUM OUTLET: inhalation wall A single vacuum panel shall be installed in the inhalation area. The outlet shall be of the same style as the oxygen system and hooked to the onboard vacuum pump. TN11 B000 1 1 ASPIRATOR: SSCOR Install an SSCOR aspirator. The system shall include a #22000 wall mounted regulator, and a #23002 canister holder. Plumb to the pump selected. LOCATE: INHALATION AREA PER DRAWING TN12D000 1 1 VACUUM PUMP: Install a CAPL #D34 SE (T282) 12vdc electric suction pump. TSP00001 0 1 SPECIAL INSTRUCTION, OXYGEN & SUCTION !!! PROGRAM LOW 02 TANK PRESSURE ALARM FOR 300 PSI ACTIVATION. U LETTERING UP010000 0 1 LETTERING: Lettering to be included. COLOR: GOLD SCOTCHLITE WITH BLACK OUTLINE. COLOR: WHITE COMPUTER CUT VINYL. COLOR: BLACK COMPUTER CUT VINYL. !!! STYLE TO MATCH PREVIOUS 16017 VEHICLE. SEE V: \0 Photos \16017 \16017 FOR PREVIOUS BUILD REFERENCE PHOTOS. UP01CD00 0 1 LETTERING REQUIRED ON CAB DOORS Lettering shall be installed on the cab doors. This lettering shall meet the requirements listed below. !!! INSTALL CUSTOMER SUPPLIED LOGO ON EACH CAB DOOR. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 41 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total UP01CS00 0 1 LETTERING REQUIRED ON CURBSIDE OF BODY Lettering shall be installed on the curbside of the body. This lettering shall meet the requirements listed below. CONFIGURE: "CITY OF DELRAY BEACH" (6" GOLD LETTERS, ARCHED) "FIRE - RESCUE" (6" GOLD LETTERS, STRAIGHT) "www.delrayfirerescue.com" (1" WHITE COMPUTER CUT LETTERS) UP01 R000 0 1 LETTERING REQUIRED ON REAR OF VEHICLE Lettering shall be installed on the rear of the vehicle. This lettering shall meet the requirements listed below. CONFIGURE: "DELRAY BEACH" (6 ") GOLD LETTERS TOP OF DOORS "FIRE RESCUE" (6 ") GOLD LETTERS BELOW WINDOWS "PARAMEDICS" (5 ") GOLD LETTERS BOTTOM OF DOORS !!! INSTALL THE REAR FACE LETTERING ON RED DIAMOND GRADE INSERTS IN THE CHEVRONS. SEE V: \0 Specification \16017 DELRAY BEACH FIRE DEPARTMENT \Submitted Photos FOR REFERENCE. UP01SS00 0 1 LETTERING REQUIRED ON STREET SIDE OF BODY Lettering shall be installed on the street side of the body. This lettering shall meet the requirements listed below. CONFIGURE: "CITY OF DELRAY BEACH" (6" GOLD LETTERS, ARCHED) "FIRE - RESCUE" (6" GOLD LETTERS, STRAIGHT) "www.delrayfirerescue.com" (1" WHITE COMPUTER CUT LETTERS) UP01ST00 0 1 LETTERING ON MODULE ROOF Lettering will be installed on the module roof per the information listed below. CONFIGURE: "DELRAY BEACH" (6 ") BLACK COMPUTER CUT VINYL LETTERS. UP03C000 0 88 6" SHADED SCOTCH LITE LETTERING !!! OUTLINED LETTERS - NO SHADE UP06A000 0 99 3" NON SHADED VINYL LETTERING !!! I" WHITE VINYL LETTERS ILOS. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 42 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton 111111, I. EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Oty Header /Description /Data Proposal Total UP08B000 0 2 STAR OF LIFE 12: (each) Install 12" star of life. LOCATE: REAR ENTRY DOOR WINDOWS. UP08D000 0 1 STAR OF LIFE 36: (each) Install 36" star of life. LOCATE: CENTER ON MODULE ROOF UP180000 1 1 DOOR REFLECTORS Install 2" x 1211 strips of red Scotchlite at the top of each entry door placed horizontally. UP200000 0 1 SPECIAL LETTERING: Instructions and /or description requiring special consideration. !!! INSTALL 1.00" MIRROR IMAGE WHITE VINYL LETTERS ON EACH FRONT MODULE CORNER POST TO BE VIEWED IN THE MIRRORS: "CLEARANCE ? ?FT ? ?IN" !!! INSTALL ACROSS THE TOP OF THE WINDSHIELD TO BE VIEWED FROM INSIDE CHASSIS. Z MISCELLANEOUS Z00 0 1 !!! INCLUDES (2) INSPECTION TRIPS FOR UP TO (3) PEOPLE TO FACTORY IN GROVE CITY, OH. Z02 0 1 Factory Pickup and Transportation Allowance for vehicle pickup, transportation and drivers fee. F.O.B. DELRAY BEACH, FL Z03 0 1 Dealer Prep. and Dealer Delivery Allowance for vehicle preparation and delivery. Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 43 of 44 CITY OF DELRAY BEACH Selected Feature List 11858 501 WEST ATLANTIC AVENUE Year: 2016 DELRAY BEACH, FL 33444 ;Horton Ill■ EMERGENCY VEHICLES Chassis: Freightliner 108" Model: 623 Option Std Otv Header /Description /Data Proposal Total Z04 0 1 Fuel, Tags, Etc. Allowance for fuel, tags and administrative. Z06 0 1 STATE CONTRACT: This vehicle is subject to state contract pricing. FLOIRDA SHERIFFS ASSOCITATION CONTRACT #15 -11 -0116 SPEC #02 Total Configured Cost $284,015.00 Authorized Department Signature(s): Hall -Mark Fire Thursday, April 09, 2015 Print Features Michael Day 7:31:50 AM Rev I Page 44 of 44 Fire Rescue/EMS Bid Award I Florida Sheriffs Association 4/14/2015 10:03 :59 AM Protecting, Leading & Uniting Since 1893 tel: 1- 800 - 877 -2168 I int Bsheritfs.or i Contact Us Seled Languacte Connect With Us r� t ;SEARCH About » Sheriffs » Legislative » Conferences » Training » Programs » Purchasing » Membership » Newsroom » Resources » Store Cooperative Fleet Bid Announcements Police Rated, Administrative, Utility Vehicles, Trucks & Vans Bid Award Cab & Chassis & Other Fleet Equipment Bid Award Fire Rescue /EMS Bid Award Tire & Related Services Bid Award Lease Programs Fleet News ................................................................... ............................... Dealer mews Manufacturer Mews Archives Dealers Only Fleet Meetings & Conferences Share this page `- m * i� Bid Award Announcement 2014 -2015 15-11 -0116 Effective February 2, 2015 - March 31, 2016 Bid Award Dealer Directory Contract Terms and Conditions Bid Support Documents Need Assistance? Contact Becky Keillor, Cooperative Bid Coordinator Archive Page 1 of 2 Cooperative Bid Awards and Schedules Florida Sheriffs Association 4/14/2015 10:00:35 AM Protecting, Leading & Uniting Since 1893 tel: 1 -BDO- 877 -2168 J infoC nshe iffs.orq I Contact Us - -- Select Language V riJjj Connect With Us r t i k7 SEARCH About » Sheriffs >> Legislative » Conferences n Training » Programs » Purchasing » Membership » Newsroom » Resources » Store Cooperative Meet Bid Announcements Police Rated, Administrative, Utility Vehicles, Trucks & Vans Bid Award Cab & Chassis & Other Fleet Equipment Bid Award Fire Rescue /EMS Bid Award Tire & Related Services Bid Award Lease Programs Fleet News ............... ............................... ................ Dealer News ................ Manufacturer News ..... . ................. ............................... Archives Dealers Only ......................................... ............................... Fleet Meetings & Conferences Share this page Welcome to the Florida Sheriffs Association Cooperative Bic/ Awards and Schedules Introduction The Florida Sheriffs Association offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible` agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible' agencies from other states have used the contracts if their governing purchases ordinance allows. For details of the products and services available, use the links located on the left side of the screen that match the commodity you are seeking to purchase. The link will take you to a webpage that is solely dedicated to the bid award for that particular commodity and includes all of the supporting bid documents and the maintenance thereof. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, dealers and the end user that you should be familiar with prior to and after the initial acquisition. These terms Page 1 of 2 Cooperative Bid Awards and Schedules j Florida Sheriffs Association and conditions are written based on best practices in order to simplify the process for the buyer and the seller. Since its inception in November 9993, Approximately 55,000 vehicles have been purchased through these programs, resulting in tremendous savings for participating agencies statelvide. FSA Vehicle and Heavy Equipment 2015 -2016 Bids Pre - Registration Link - opens April 20, 2015. Need Assistance? Email us at FleetCo)flsheriffs.oral or call 850 -877 -2165 *Eligibility Contract pricing vAl be extended and guaranteed to any and all units of local govemmen €srpolitical subdivisions including but not limited to county sheriffs, county govemmen[, local county board of public instruction, municipa €hies andfor police agencies, other local public or public safety agencies or authorities within the State of Florida and the state universities and colleges. In additlon, bids will be extended and guaranteed to any other entities approved by manufacturers to partkipate 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 goveming purchasing ordinances, rules and regulations and shall apply to purchases made under this contract. All confrartorldealefs are governed by their manufacturers agreement. 4/14/2015 10.00:35 AM Sheriff Member I© Sheriff Login Homo E Abou# I Sheriffs Legislative Conferences (Training Regisler I Forgot passv;ord? Programs I Purchasing I Membership I Ne`vsfoom I Resources I Store © 2015 The Florida Sheriffs Association. All rights Florida Sheriffs Association Headquarters reserved. jr.acx P'r�icy 155t�igh an R k Eiry 2617 Mahan Drive - Tallahassee, FL 32308 1. 800.877 -2168 Page 2 of 2 Protecting, Leading & Uniting... since 1893 FLORIDA SHERIFFS ASSOCIATION 2617 Mahan Drive, Tallahassee, Florida 32308 p: (850) 877 -2165 P.O. Box 12519 • Tallahassee, Florida 32317 -2519 f: (850) 878 -8665 www.flsheriffs.org O 9 DATE: February 11, 2015 TO: ALL PROSPECTIVE PARTICIPANTS FROM: Steve Casey Andrew Terpak� Executive Director Business Operations Mgr RE: FSA FIRE /RESCUE BID 15 -11 -0116 Becky Keillor Bid Coordinator The Florida Sheriffs Association, the Florida Fire Chiefs' Association and the Florida Association of Counties are pleased to announce our 12th successful statewide competitive bid for Fire and Rescue vehicles. This year's bid added three (3) new specifications and an additional 39 commodities to help meet the needs of the end - users. This bid is extended and guaranteed to any and all units of local governments /political subdivisions including but not limited to county, local county boards of public instruction, municipalities and other local public or public safety agencies or authorities. In addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may be made under the Terms and Conditions of this contract by governmental entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. The Awarded Vendors include the following Manufacturer's /Dealer's: AEV /ETR, Braun, Demers, E -one, Hall -Mark Fire, Horton, Excellance, HME, KME, McCoy Miller, Medix, Smeal Fire, Sutphen Corporation, Osage, Pierce, Road Rescue, Rosenbauer, Toyne and Wheeled Coach. To access this bid, please visit our website at: https: / /www.flsheriffs.org /our program /purchasing programs /cooperative - fleet- bid - awards/ FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 INDEX GENERAL CONDITIONS 1.0 FSA Contact Information 1.1 Sealed Bids 1.2 Execution of Bid 1.3 Late Bids 1.4 No Bid 1.5 Prices Quoted 1.6 Taxes 1.7 Mistakes 1.8 Condition and Packaging 1.9 Underwriters' Laboratories 1.10 Minor Irregularities /Right to Reject 1.11 Equivalents REV6/14 1.12 Non - Conformance to Contract 1.45 Conditions 1.13 Samples 1.14 Delivery 1.15 Interpretations 1.16 Bid Opening 1.17 Inspection, Acceptance & Title 1.18 Payment 1.19 Disputes 1.20 Legal Requirements 1.21 Patents and Royalties 1.22 OSHA 1.23 Special Conditions 1.24 Anti - discrimination 1.25 American with Disabilities Act 1.26 Minority Business Enterprise (MBE) 1.27 Quality 1.28 Liability, Insurance, Licenses and 1.62 Permits 1.29 Bid Bonds, Performance Bonds, 1.64 Certificates of Insurance 1.30 Default 1.31 Cancellation 1.32 Severability 1.33 Billing Instructions 1.34 Notes to Vendors Delivering to the FSA REV 12/19/2014 1.35 Substitutions 1.36 Facilities 1.37 Bid Tabulations 1.38 Protest and Arbitration 1.38.01 Authority to Resolve Protested Bids and Proposed Awards 1.39 Clarification and Addenda to Bid Specifications 1.40 Demonstration of Competency 1.41 Determination of Award 1.42 Assignment 1.43 Laws, Permits and Regulations 1.44 Elimination from Consideration 1.45 Waiver of Informalities 1.46 Estimated Quantities 1.47 Collusion 1.48 Reasonable Accommodation 1.49 Gratuities 1.50 Signed Bid Considered and Offer 1.51 Bid Clarification: 1.52 Tie Bids 1.53 Public Entity Crimes (PEC) 1.54 Determination of Responsiveness 1.55 Delivery Time (3.54 for Vehicles and equipment) 1.56 Cone of Silence 1.57 Right to Audit REV8/18/14 1.58 Termination for Default 1.59 Termination for Convenience of 1.60 Insurance and Indemnification 1.61 Modification /Withdrawals of Bids 1.62 Exceptions to Bid 1.63 Warranty of Authority 1.64 Warranty of Ability to Perform Page 1 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions GENERAL CONDITIONS -1.0 Rev 12/19/2014 1.0 Bid Correspondence — All correspondence regarding this bid should be directed to the Florida Sheriffs Association using the information shown below. Please be sure to reference the bid number and your contact information. The contact person(s) for this Invitation to Bid is Becky Keillor, FSA Cooperative Bid Coordinator E -mail: bkeillor @flsheriffs.org Phone: 850 - 877 -2165 ext. 231 Fax: 850-878-8665 Andrew Terpak, Business Operation Manager E -mail: dterpak @flsheriffs.org Phone: 850 - 877 -2165 ext. 227 Fax: 850 - 878 -5115 All written (hard copy) communication or documents for this Invitation to Bid should be directed to: Florida Sheriffs Association Attn: Cooperative Bid Coordinator 2617 Mahan Drive Tallahassee, Florida 32308 850 - 877 -2165 REV 12/19/2014 Page 2 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 may be offered. 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 12/19/2014 Page 3 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 /RIGHT TO 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 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 WITHOUT THIS DATA. REV 12/19/2014 Page 4 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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, 15T 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 Contract Bid Coordinator at 2617 Mahan Drive, Tallahassee, FL 32308 or by e- mail to: Fleet @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 12/19/2014 Page J� FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 12/19/2014 Page 6 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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. REV 12/19/2014 Page 7 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 1.29 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE Bid Bonds, when required, shall be submitted with the bid in the amount specified in the individual bid specifications. 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 and the bid specification. See Bid specifications for detailed Bid Bond requirements as each specification may have different requirements. 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. REV 12/19/2014 Page 8 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 1.37 BID TABULATIONS Bidders desiring a copy of the bid tabulation may access them on line on the FSA Website. 1.38. 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 1.38.01 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 ten (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 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. 1.38.01 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 quote ( "RFQ'), 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. REV 12/19/2014 Page 9 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 (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 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). REV 12/19/2014 Page 10 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 (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. (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. REV 12/19/2014 Page 11 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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. 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. REV 12/19/2014 Page 12 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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. 1.46 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for FSA guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The FSA 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. REV 12/19/2014 Page 13 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 will 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 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. REV 12/19/2014 Page 14 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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. 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 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 REV 12/19/2014 Page 15 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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. 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. REV 12/19/2014 Page 16 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 Insurance Check List for applicabilityto 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. 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. REV 12/19/2014 Page 17 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 5016, 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. 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 REV 12/19/2014 Page 18 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 Coordinator's Office in writing at least five (5) days prior to the deadline for submission of bids. The FSA reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids. Fire Rescue Vehicle Bid — No exceptions will be made for the minimum base model bid specification. The base model bid by each bidder shall fully meet NFPA minimum standards. If a manufacturer is unable to meet these standards for a specific model or base vehicle as specified, the manufacturer or dealer shall not bid that make, model or specification. 1.63 WARRANTY OF AUTHORITY: 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. REV 12/19/2014 Page 19 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 12/19/2014 Page 20 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 2.7 Eligible Customers of Contract 2.8 Method of Award 2.9 Workshops — Vehicle Contract /Specifications 2.10 Pre -Bid Conference 2.11 Contact Person 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 12/19/2014 Page 21 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 2.0 PURPOSE The Florida Sheriffs Association, the Florida Association of Counties and the Florida Fire Chiefs' Association invites interested manufacturers and manufacturers authorized dealers 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 thirteen (13) month contract, beginning February 2, 2015 and ending March 31, 2016, with manufacturer's authorized dealers for the purchase of 2015/16 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 thirteen (13) months 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 2014 -15 eligible users purchased approximately 4600+ vehicles from the vehicle and equipment and Fire 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 Sheriffs 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 Sheriffs 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 12/19/2014 Page 22 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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) "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. (f) "Tie Bid" means a low and best responsive bid from a responsive bidder that is identical price to a responsive bid from another responsive bidder. (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. (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 REV 12/19/2014 Page 2 3 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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. Out of State Sales are permitted under this contract however, again 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. All contractor /dealers referencing this contract for the purpose of facilitating sales (purchase authority) outside the State of Florida must accept the terms and conditions of this contract. See 3.60 FSA Administrative Fees for all specifications and 3.61 Contracting dealers activity reports and schedule and fee deposit requirements. 2.8 METHOD OF AWARD Award of this contract will be made to a primary bidder. The FSA reserves the right to make multiple awards if deemed in the best interest of the FSA. See 3.11 Basis for Award. 2.9 WORKSHOPS — VEHICLE CONTRACT /SPECIFICATIONS Rev 6/14 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 REV 12/19/2014 Page 24 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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.fisheriffs.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 Rev 6/14 The contact person for this Bid is - See 1.0 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. 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. REV 12/19/2014 Page 2 5 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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. 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. REV 12/19/2014 Page 26 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 12/19/2014 Page 2 7 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 SPECIAL CONDITIONS - 3.0 3.1 Amendments to Solicitation Documents 3.2 Additions and Deletions 3.3 Specification Exceptions, Omissions or Errors 3.4 Option Pricing 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 3.12 Bid Withdrawal 3.13 Zone Bidding 3.14 Approved Equivalents 3.15 Identical Tie Bids 3.16 Tax Exemptions 3.17 Best Commercial Practices 3.18 Delivery 3.19 0.-„+„r_+ ARGI ..hi #;. iGR See 1.38.01 3.20 Licensing /Facilities 3.21 Non - performance 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 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 3.61 Contracting Dealers' Activity Reports and Schedule and Fee Deposit Requirements REV 12/19/2014 Page 28 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 FSA Purchase program website. Bidders are responsible for monitoring the website for new or updated information concerning the bid. 3.2 ADDITIONS AND DELETIONS The FSA 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. The FSA reserves the right to add Manufacturer lines and brands to the contract as they become available and are not in conflict with any other awarded dealer representing or competing with the same manufacturer and brand. 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 Prices for options submitted by the dealer for Emergency Vehicle Lighting and equipment shall include all applicable fees and charges not including installation. 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. 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. Bidder must disclose, in their quotes, 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. REV 12/19/2014 Page 29 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 FSA Purchasing Program 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; • 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 Each bidder will provide one (1) original, one (1) copy and one (1) USB drive' with electronic versions of the items listed on the Bidders Checklist. All responses must be in a three -ring binder with a coversheet on the outside of the notebook indicating if it is the original or a copy. The following sections must be labeled as follows for quick identification and uniformity of bid responses. ' This information will be published on the FSA Website for end -users and procurement agents to view. REV 12/19/2014 Page 30 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 HOW TO SET UP YOUR NOTEBOOK, USB DRIVE and PRICING EXCEL SPREADSHEET FOR RESPONSE TO FSA FIRE /RESCUE BID 15 -11 -0116 Hard Copy Tabs: • Completed Bid Document with verification check marks that your offering includes the base specification requirements. This is the document emailed to you and titled Master Bid Document. • Any Addendums issued by FSA via email with your Representative's Signature acknowledging receipt of same. • Terms and Conditions Signature Page • Separate Tab for Each Specification Build Sheet identifies the Spec #. • 5% Bid Bond on any specification intended to bid. (See Sample) • Letter of Performance Bond (See Sample) • Product Liability Insurance (See Sample) • Florida Motor Vehicle Department licenses for Dealer Representative and Manufacturer (See Samples) • Membership Certificates • Warranty Service Support Overview • Customer References • Manufacturer Literature • Bid Pricing Excel Spreadsheet completed and signed by Bidder Representative The following sections must be saved on the USB drive as follows for quick identification and uniformity of bid responses. USB drive: • Specification Build sheet, Cab & Chassis Build sheet, Product Drawings and Long Specification (all these documents should be saved as ONE FILE per specification, peraffering) • Supporting Files should be titled using the following criteria. • Bidder Identity (example: RoverRescue) • Document in the file (example: Performance Bond) • File should be saved and look like 4 roverrescueperformancebond.pdf • Bid Bond(s) • Letter of Performance Bond • Product Liability Insurance • Bid Pricing Excel Spreadsheet (pdf version will disqualify your bid) Pricing Excel Spreadsheet: • Complete all sections of the spreadsheet according to the column titles. • In the section titled Base Specification Link — you do not need to create the hyperlink. Simply type the name of the file as you saved it on the USB drive. This file is what you have saved on the USB drive noted above as the "Specification Build sheet, Cab & Chassis Build sheet, Product Drawings and Long Specification" (all these documents should be saved as ONE FILE per specification, per offering). • If there is a specification for which you are not offering a bid — indicate "NO BID ". Prices are to be rounded to the nearest dollar. Bid prices are to be entered into the excel spreadsheet document provided by the FSA Bid Coordinator. Bids not submitted outside the standard bid document will be rejected. A hard copy of the bid pricing excel document shall be submitted with the bid. In the event that there are discrepancies with pricing, the hard copy shall supersede the electronic version. REV 12/19/2014 Page 31 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 on a flash drive you are required to submit one original hard copy 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 bkeillor @flsheriffs.org The electronic and hard copy cover sheet and must be completed with dealership name, contact person, email address, 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. The bid package must include: • 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. • 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. • 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. BIDDERS CHECKLIST FOR RESPONSE TO FSA BID 15 -11 -0116 Ll Cover Sheet indicating original or copy (place on the exterior plastic sleeve of the notebook). Ll Appropriate Tabs for notebook (specific labels are provided in the "How To Set Up Your Notebook" worksheet) Ll USB Drive loaded with all information as required with hardcopy. Ll USB drive must have Specification Bid Pricing in Excel Format. A pdf version of pricing will not be permitted and will disqualify your bid. Ll Terms and Conditions Signature Page. Ll Bid Bond of 5% of bid amount. Ll Performance Bond letter, with a minimum "A" rating by A.M. Best Company. REV 12/19/2014 Page 32 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 Ll Letter from bonding company licensed to do business in Florida stating the manufacturer will provide a 100% Performance Bond between the bidder and end user. Ll Product Liability Insurance of $10,000,000.00 for Specifications #1 through #5. Ll Product Liability Insurance of $1,000,000.00 for Specification #16. Ll Product Liability Insurance of $15,000,000.00 for Specifications #6 through #19, except Specification 16. Ll Florida Motor Vehicle Department license as a Manufacturer of Motor Vehicles or state equivalent. Ll Florida Dealer Representatives Florida Motor Vehicle Dealers' license or equivalent. Ll Ford Motor Company Qualified Modifier Program membership certificate. Ll National Truck Equipment Association's Ambulance Manufacturers Division membership certificate or equivalent. Ll Warranty for each bid specification. Ll Five (5) Customers Reference List (include: agency name, address, phone number and email address). Ll Manufacturers Product Literature. Ll Specification Bid Price Excel Spreadsheet. 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 FSA purchasing 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. REV 12/19/2014 Page 3 3 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 (if applicable). The spirit and the intention of the FSA bid(s) are to obtain the lowest cost for the base vehicle which is representative of the FSA published specification. 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. 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. 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 — NOT APPLICABLE TO FIRE RESCUE BID 3.14 APPROVED EQUIVALENTS 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. REV 12/19/2014 Page 34 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 WITHOUT THIS DATA. 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: In the event the FSA is in the receipt of two (2) or more responsive bidders with Drug -Free Workplace programs, the determination of the award shall be decided by the toss of a coin. All parties will be notified prior to the coin toss of the date and time of the coin toss and may attend or select a representative to attend (on their behalf) the coin toss at their discretion. 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. The intent of this solicitation is to provide for, promote and implement comprehensive fair, equitable and open competition amongst all qualified perspective bidders /manufacturers. Nothing in the published technical specifications is intended to prevent the use of systems, methods, devices or physical characteristics that a manufacturer deems necessary to produce their end product to meet or exceed Federal, State or local standards including KKK, NFPA 1901, 1906 or other standards based on the class of REV 12/19/2014 Page 3 5 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 vehicle as adopted by the Emergency Medical Department as governed in the state where the vehicle /equipment is to be placed in service. 3.18 DELIVERY All delivery expense /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)). Agencies may option to waive the prescribed delivery process and choose to facilitate delivery by taking receipt directly from the manufacturer's facility. 3.19 PROTESTS AND ARBITRATION Moved to 1.38.01 3.20 LICENSING /FACILITIES Bidders are required to possess but not limited to, the following License Certificate allowing the manufacturer or dealer to do business within the State of Florida. A License Certificate issued by the State of Florida Department of Highway Safety and Motor Vehicles under the provisions of section 320.60- 320.70, Florida Statues to conduct and carry on business as a manufacturer of motor vehicles in the State of Florida. Bidders may be required to have some additional licenses Contractors conducting sales outside the State of Florida using the FSA contract as a purchase authority must be in possession of an equivalent license; issued within the state in which their facility resides and allows for the manufacturing and sale of vehicles to end users. FSA Contract Administrator reserves the right to periodically request additional or updated information from a dealer regarding the manufacturing, repair or 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 12/19/2014 Page 36 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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) —1" 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. Each report of a lost purchase order will be handled on a case by case basis. REV 6/14 - 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. 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 REV 12/19/2014 Page 3 7 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 pre - delivery inspection form. 3.54 ORDER, DELIVERY AND LIQUIDATED DAMAGES 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 usually do not have ANY control over production delays in schedules from the manufacturer. 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. REV 12/19/2014 Page 38 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 If a vehicle is ordered after the close of the model year included in this bid has closed, the Manufacturer /Dealers can petition the FSA for consideration to cover cost of the new model year vehicle. If the new model year vehicle is less than the original bid, the manufacturer /dealer may issue a credit or discount at their discretion. 6) Once a purchase order has been issued to the Contractor, the Contractor shall place order with manufacturer within ten (10) business days following receipt of final "Job Specific Build Documents" approved by the agencies representative and received by the Contractor. 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) Warranty Start Date — Will begin at the time of delivery and acceptance by the agency. 2) All bids are FOB to the agency purchasing the vehicle /Equipment. 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. 3) Contractor shall notify agency personnel designated on purchase order no less than 72 hours prior to delivery. Contractor is responsible for contacting the agency to establish all delivery requirements including but not limited to date and time. Deliveries not complying with these requirements may be rejected and will have to be redelivered at contractor's expense. The agency may choose to pick up the vehicle at their manufacturers facility or other location agreed upon. REV 12/19/2014 Page 39 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 4) 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 $250.00 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 that a delay could result. The foregoing shall constitute the contractor's sole remedy or excuse with respect to delay. 3.55 QUANTITY DISCOUNTS — Are not defined in this contract. However, dealers are allowed to offer discounts for multiple purchases. 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. Any and all "as built" drawings which can be used for the purpose of performing maintenance (i.e., electrical etc. as available whether included or purchased as an option.) C. Copy of "Pre- Delivery Service Report" d. "Warranty Certification" e. Owner's manual(s), service manuals as available (whether included or purchased as an option). f. 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. REV 12/19/2014 Page 40 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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. 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, warranties 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. REV 12/19/2014 Page 41 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 ten (10) 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 101h 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 • 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 @flsheriffs.org . REV 12/19/2014 Page 42 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 12/19/2014 Page 43 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 SPECIAL CONDITIONS - 4.0 4.0 General Requirements for all Vehicles 4.0.1 HYBRIDS and other ALTERNATIVE FUELED VEHICLES 4.1 Specifications 4.2 Factory Ordered Options 4.3 Federal and State Vehicle Manufacturing and Safety Standards REV 12/19/2014 Page 44 FLORIDA SHERIFFS ASSOCIATION Fire Rescue Terms and Conditions Rev 12/19/2014 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 Moved from 3.63 The Florida Sheriffs Association, Florida Fire Chiefs 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 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 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. 4.3 FEDERAL AND STATE VEHICLE MANUFACTURING and SAFETY STANDARDS: It is intended that all specifications be in full and complete compliance with all Federal and Florida State laws and regulations that apply to the type and class of vehicles begin provided. This includes, but not limited to, U.S. Department of Transportation NHTSA, Federal MVSS, OSHA and EPA standards and Florida requirements for external noise control that apply to the type and class of vehicle being provided. If an apparent conflict exists, the bidder must contact the Cooperative Bid Coordinator immediately. In addition, any Federal, State legislation which should become effective regarding the vehicle safety shall immediately become a part of this contract. Contractor shall have the option to meet or exceed any such safety standard or cancel his portion of the contract by providing thirty (30) calendar days written notice to the Cooperative Bid Coordinator. REV 12/19/2014 Page 45 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 Contract Term: I JEffective Date Comments and Notes Purchase of Horton Model 623 Rescue Transport Vehicle. $284,015. Purchasing Compliance Checklist Utilization of other governmental entities' contract 36.02 (C)(7) ® Entity awarded contract: Entity Name The Florida Sheriff's Association ® Term of Other Entities' Contract Expiration Date March 31, 2016 ® Letter certifying best price ® attached. (included with proposal from Hall -Mark Fire) ® Competitively Bid ® Yes ❑ No ® Contract reviewed and approved by City Attorney's Office. A &7 - ■■� 0 Purchasing Ordinance Compliance Checklist Utilization of other governmental entities' contracts Form 2015 -04 -24 Page 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Jeffrey S. Goldman, Police Chief THROUGH: Donald B. Cooper, City Manager DATE: April 17, 2015 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MAY 5, 2015 APPROVAL OF SPENDING OVER $25,000.00 AND PURCHASE AWARD /FLORIDA BULLET INC. BACKGROUND The Delray Beach Police Department seeks approval for the ammunition order from Florida Bullet in the amount of $18,628.20. This order includes ammunition for training and on -duty use. The itemized list of ammunition for this purchase is attached. Ammunition is a requirement for Law Enforcement Agencies. Standardization of ammunition is very important. It is necessary for the Department to use only one kind of ammunition for duty use (certain kinds of ammunition for certain kinds of weapons) and comparable ammunition for training. Consistency is needed for officer training and to maintain standardization in how the weapons perform. When selecting ammunition, factors that are considered include: casing, bullet weight, propellant, toxicity (of airborne fragments subsequent to fire), and bonding. The specific ammunition the agency utilizes was selected due to FBI ballistic results, and the training ammunition is very similar in ballistics to duty ammunition, resulting in reduced training costs. The recommendation for the ammunition was approved after testing by both Delray Beach Training Unit and FBI ballistics lab. The Delray Beach Police Department has been utilizing the same manufacturer of ammunition ( SPEER) for over ten years. The difference from previous orders is that we are ordering different caliber of the bullets, in preparation for switching out Department's duty handguns. Florida Bullet is a sole source vendor for SPEER ammunition. This purchase is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(6)(b), City Standard in regards to the ammunition used and Section 36.02(6)(a) Sole Source in regards to the vendor, Florida Bullet. The Police Department is also requesting approval of multiple acquisitions in the current fiscal year from Florida Bullet that will aggregately exceed the $25,000, per Code of Ordinances, Chapter 36, Section 36.03 (B). Any single acquisitions of $25,000 or greater shall still be subject to prior approval by the City Commission per Code of Ordinances, Chapter 36, Section 36.03 (A). We are simply stating that multiple acquisitions in the current fiscal year from Florida Bullet will exceed the $25,000 aggregate limit. The current spending with Florida Bullet is $18,426.90. Based on prior year, the Police Department is expecting spending with the vendor not to exceed $65,000. DISCUSSION The Police Department seeks Commission's approval to purchase ammunition from Florida Bullet in the amount of $18,628.20. The amount of the purchase is under the $25,000 limit and as such could be approved by the City Manager; however, current year to date spent with the Florida Bullet is $18,426.90. The amount spent has been approved at the Commission meetings on 9/4/14 (Purchase order # 700559, total of $17,097.20) and 12.10.13 (Purchase order # 696409, total of $52,775.60). These purchase orders were rolled from previous fiscal years because some of the ammunition was on backorder. There is $14,430.00 balance on P.O. #696409 and $6,663.80 balance on P.O. #700559. If manufacturer completes the outstanding orders in the current fiscal year, we are expecting total spent with Florida Bullet with the purchase we are requesting approval for to be $39,722. The department is projecting additional purchase(s) with Florida Bullet this fiscal year. The total spending with Florida Bullet this fiscal year is expected not to exceed $65,000. FUNDING SOURCE Funding is available from various accounts. Funding for the current ammunition order in the amount of$18,628.20 is available in 001 -2111 -521- 52.20. RECOMMENDATION By motion, approve spending with Florida Bullet in the amount not to exceed $65,000 in this fiscal year in compliance with Chapter 36, Section 36.03(B), Multiple Acquisitions from Vendor Exceeding. $25,000 in any Fiscal Year. By motion, approve purchase with Florida Bullet in the amount of $18,628.20 as a Sole Source purchase in compliance with Chapter 36, Section 36.02 (C) 6 (a) Sole Source. Sole source letter from the vendor and quote are enclosed By motion, approve purchase with Florida Bullet in the amount of $18,628.20 as a City Standard purchase in compliance with Chapter 36, Section 36.02 (C) 6 (b) City Standard. Sole source letter from the vendor and quote are enclosed. VISTA OUTDOOR Vista Outdoor Shooting Sports Law Enforcement Sales 900 Ehlen Drive Anoka, MN 55303 www.vistaoutdoor.com February 17, 2015 To Whom It May Concern: In reference to ATK Law Enforcement distributors in the State of Florida, Florida Bullet Inc. in Clearwater, Florida at this time is the only factory authorized Law Enforcement Distributor in the State of Florida for CCI -Speer and Federal Cartridge products. Presently, Florida Bullet Inc. is the only Law Enforcement Distributor authorized for drop shipments directly from the factory within Florida. Thank you for your business and interest in our products. Steve Kehrwald Vice President Law Enforcement, Government & Intl. Sales Florida Bullet, Inc. P.O. Box 7497 Clearwater, FL 33758 -7497 V:(727) 461 -6081 F:(727) 441 -4477 Name I Address Delray City of Attu: ACCOUNTS PAYABLE 100 N.W. 1st Avenue Delray Beach, Florida 33444 +A t Qw�QQ6 QUOTATION Date Number 4/15/2015 1189 Item Description Qty Rate Total 53651 9mm 124 Grain TMJ 1,000 per case 35 193.90 6,786.50 53962 40 S &W 180 Grain GDHP 1,000 per case 5 347.50 1,737.50 53617 9mm + P 124 Grain GDHP Per 1,000 10 35390 3,539.00 53606 380 Auto 90 Grain GDHP per 1,000 2 453.90 907.80 53608 380 Auto 90 Grain TMJ 1,000 per case 4 227.00 908.00 53365 9mm 100 Grain CFRHT 1,000 per case 6 380.90 2,285.40 53885 45 Auto 230 Grain TMJ Clean -Fire Per 1,000 8 308.00 2,464.00 PRICES GOOD TILL 09/25/20151 PRICES INCLUDE STANDARD DELIVERY/ Total $ 18,628.20 PART # DESCRIPTION FLORIDA BULLET, INC. PHONE: E: (727 STREET, CLEARWATER, FLORIDA 33756 -5903 PHONE: (727) 461 -6081 (727) 461 -6084 Facsimile: (727} 441 -4477 Email: TF3 @FLORIDABULLET.NET Web Site: WWW.FLORIDABULLET.NET erL 2014 -15 FLORIDA STATE PRICING PRICE PER CASE BOV RND! RND! (DELIVERED) CASE BOX CASE SPEER GOLD DOT HIGH - PERFORMANCE BONDED CENTERFIRE AMMUNITION 23602 25 AUTO 25 AUTO 35 GR GDH P AMMO $ 246.90 25 20 Sao 23604 32 AUTO 32 AUTO 60GR GDHP AMMO $ 270.90 25 20 500 53606 380 AUTO 380 AUTO 90 GR GDHP AMMO $ 453.90 20 50 1000 53614 9MM LUGER 9MM 115 GR GDHP AMMO $ 353.90 20 50 1000 53618 9MM LUGER 9MM 124 GR GDHP AMMO $ 353.90 20 50 1000 55036 9MM LUGER 9MM 124 GR GDHP DIVE AMMO $ 372.90 20 50 1000 53619 9MM LUGER 9MM LUGER 147 GR GDHP AMMO $ 404.90 20 50 1000 53612 9MM +P LUGER 9MM LUGER +P+ 115 GR GDHP $ 372.90 20 50 1900 53617 9MM +P LUGER 9MM LUG +P 124 GR GDHP AMMO $ 353.90 20 50 1000 53722 38 SPECIAL 38 SPL 125 GR GDHP AMMO $ 359.90 20 50 1000 53720 38 SPECIAL +P 38 SPL +P 125 GR GOHP AMMO $ 359,90 20 50 1000 53918 357 SIG 357 SIG 125 GR GDHP -LP AMMO $ 394.90 20 50 1000 54234 357 SIG 357 SIG 125 GR GDHP AMMO $ 394.90 20 50 1000 53920 357 MAGNUM 357 MAG 125 GR GDHP AMMO (CL) $ 650.90 20 50 1000 53960 357 MAGNUM 357 MAG 158 GR GDHP AMMO $ 650.90 20 50 1000 53970 40 S &W 40 S &W 165 GR GDHP AMMO $ 347.50 20 50 1000 53949 40 S &W 40 S &W 165 GDHP LEO $ 392.90 zo 50 1000 53962 40 S &W 40 S &W 180 GR GDHP AMMO $ 347.50 20 50 1000 53683 40 S &W 40 S &W 200 GDHP MSINP BRASS $ 392.90 20 50 1000 23980 44 SPECIAL 44 S &W SPL 200 GR GDHP $ 416.90 25 20 500 53964 45 AUTO 45 AUTO 185 GR GDHP AMMO $ 417.90 20 50 1000 53969 45 AUTO 45 AUTO +P 200 GR GDHP AMMO $ 416.90 20 50 1000 53966 45 AUTO 45 AUTO 230 GR GDHP AMMO $ 406.90 20 50 1000 53977 45 GAP 45 G.A.P. 185 GR GDHP AMMO $ 541.90 20 50 1000 53978 45 GAP 45 GA.P. 200 GR GDHP AMMO $ 537.00 20 50 1000 SPEER GOLD DOT HIGH - PERFORMANCE BONDED CENTERFIRE SHORT BARREL AMMUNITION 23611 9MM +P 9MM LUGER +P 124 GDHP SHORT BARREL $ 359.90 25 20 500 53921 38 SPECIAL +P 38 SPL +P 135 GR GDHP AMMO $ 359.90 20 50 1000 23917 357 MAGNUM 357 MAG 135 GDHP SHORT BARREL $ 615.90 25 20 500 23974 40 S &W 40 SSW 180 GDHP SHORT BARREL $ 379.90 25 20 500 23971 44 MAGNUM 44 MAG 200 GDHP SHORT BARREL $ 422.90 25 20 500 23975 45 AUTO 45 AUTO 230 SB GDHP AMMO $ 387.90 25 20 500 SPEER GOLD DOT HIGH - PERFORMANCE BONDED RIFLE AMMUNITION 24446 223 REM 223 REM 55 GOLD DOT SP $ 299.90 25 20 500 24448 223 REM 223 REM 64 GR GOLD DOT $ 299.90 25 20 500 24457 308 WIN (7.62X33MM) 308 WIN 150GR SPEER GDSP $ 369.90 25 20 500 24458 308 WIN (7.62X33MM) 308 WIN 168 SPEER GDSP $ 369.90 25 20 500 BLAZER CLEAN -FIRE CENTERFIRE AMMUNITION 3460 9MM LUGER 9MM 124 TMJ CLNFIR BL2 (50 PK) $ 216.90 20 50 1000 3462 91VIM LUGER 9MM 147 GR TMJ CLNFIR BLAZER $ 228.90 20 50 1000 3475 38 SPECIAL +P 38 SPL +P 158 TMJ CF BLZ (50PK) $ 269.90 20 50 1000 3477 40 S &W 40 S &W 180 TMJ CF BLAZER $ 254.00 20 50 1000 3480 45 AUTO 45 AUTO 230 TMJ CLNFIR BLAZER $ 350.90 20 50 1000 3481 45 GAP 45 GLOCK 200 TMJ CF BLAZER $ 393.90 20 50 1000 1NSO� %ELI0ERYTOF"SHIPNI &S IS O+TIMCLTUDED IN PRICE Page 1 '! PART # DESCRIPTION FLORIDA BULLET, INC. 1220 ROGERS STREET, CLEARWATER, FLORIDA 33756 -5903 PHONE: (727) 461 -6081 (727) 461 -6084 Facsimile: (727) 441 -4477 Email: TF3 @FLORIDABULLET.NET Web Site: WWW.FLORIDABULLET.NET <S er LE 2014 -15 FLORIDA STATE PRICING PRICE PER CASE BOX) RNDI RND1 (DELIVERED) CASE BOX CASE SPEER LAWMAN CLEAN -FIRE BRASS CASE CENTERFIRE AMMUNITION 53824 9MM LUGER 9MM LUGER 124 GR TMJ CLNFR LMN $ 226.90 20 56 1000 53826 9MM LUGER 9MM LUGER 147 GR TMJ CLNFIR LM $ 235.90 20 50 1000 53899 38 SPECIAL 3B SPL 15B 7MJ CLNFIR LAWMAN $ 299.90 20 50 1000 53833 38 SPECAL +P 38 SPL +P 158 TMJ CLNFIR LAWMAN $ 299.90 20 50 1000 54232 357 SIG 357 SIG 125 GR TMJ CLNFIR LMN $ 348.90 20 50 1000 53954 40 S &W 40 S &W 165 TMJ CLNFIR LAWMAN $ 254.00 20 50 1000 53982 40 S &W 40 S &W 165 TMJ CF LAWMAN LEO $ 254.00 20 50 WOO 53880 40 S &W 40 S &W 180 GR TMJ CLNFIR LAWMN $ 254-00 20 50 1000 53885 45 AUTO 45 AUTO 230 GR TMJ CLNFIR LMN $ 308,00 20 50 1000 53985 45 GAP 45 G.A.P. 200 TMJ CF BRASS $ 288.90 20 50 1000 SPEER LAWMAN RHT FRANGIBLE CENTERFIRE AMMUNITION 53382 380 AUTO 380 AUTO 75 RHTA $ 434.90 20 50 1000 63365 9MM LUGER 9MM 100 GR RHT FRANGIBLE $ 380.90 20 50 1000 53368 357 SSG 357 SIG 100 FRANGIBLE AMMO $ 513.90 20 50 1000 53375 40 S &W 40 S &W 125 GR RHT FRANGIBLE $ 472,90 20 50 1000 53395 45 AUTO 45 AUTO 155 GR RHT FRANGIBLE $ 558.00 20 50 1000 53396 45 GAP 45 GAP 140 RHT CF FRANGIBLE LAWMAN $ 649.00 20 50 1000 BLAZER CENTERFIRE AMMUNITION $501 25 AUTO 25 AUTO 50 GR FMJ BLAZER $ 246.90 20 50 1000 3503 32 AUTO 32 AUTO 71 GR FMJ BLAZER $ 270.90 20 50 1000 3505 380 AUTO 380 AUTO 95 GR FMJ BLAZER $ 220.90 20 50 1000 3506 9 X 18MM MAKAROV 9X18 MAKAROV FMJ BLAZER $ 252.90 20 50 1000 3509 9 MM LUGER 9MM 115 GR FMJ BLAZER $ 193.90 20 50 1000 3578 9 MM LUGER 9MM 124 GR FMJ BLAZER $ 193,90 20 50 1000 3582 9MM LUGER 9MM 147 GR FMJ BLAZER $ 221,90 20 50 1000 3514 38 SPECIAL +P 38 SPL +P 125 GR JHP BLAZER $ 334.90 20 50 1000 3519 38 SPECIAL -P 38 SPL +P 15B GR FMJ BLAZER $ 344.90 20 50 1000 3517 38 SPECIAL 38 SPL 148 GR HBWC BLAZER $ 319.90 20 50 1000 3522 38 SPECIAL 38 SPL 158 GR LRN BLAZER $ 377.00 20 50 1000 3542 357 MAG 357 MAG 158 GR JHP BLAZER $ 399.90 20 50 1900 3589 40 S &W 40 S &W 165 FMJ BLAZER $ 242.90 20 50 1000 3591 40 5 &W 40 S &W 180 GR FMJ BLAZER $ 242.90 20 50 1000 BLAZER CENTERFIRE AMMUNITION (Cont'd) 3597 10MM AUTO 10MM AUTO 200 FMJ BLAZER $ 296.90 20 50 1000 3556 44 SPECIAL 44 SPL 200 GR JHP BLAZER $ 345.90 20 50 1000 3564 44 MAG 44 MAG 240 GR JHP BLAZER $ 379.90 20 80 1000 3570 45 AUTO 45 ACP 230 GR FMJ BLAZER $ 294.00 20 50 1000 3584 45 COLT 45 COLT 200 GR JHP BLAZER $ 393.90 20 50 1000 BLAZER BRASS AMMUNITION 5200 9MM LUGER - BRASS HAM 11 5G FMJ BLAZER BRASS $ 193.90 20 50 1000 5202 380 AUTO - BRASS 380 AUTO 95 FMJ BLAZER BRASS $ 227.00 20 50 1000 $210 40 S &W - BRASS 40 S &W 165 OR FMJ BLAZER BRASS $ 240.90 20 50 1000 6220 40 S &W - BRASS 40 S &W 180 GR FMJ BLAZER BRASS $ 240.90 20 50 1000 5230 45 AUTO - BRASS 45 AUTO 230 -GR FMJ BLAZER BRASS $ 289.90 20 50 1000 PNSIDE IPHOERYTOF SHIPM'ffr'k1S WINCMD IN PRICE Page 2 FLORIDA BULLET, INC. 1220 STREET, CLEARWATER, FLORIDA 33756-5903 PHONE: E: (727 (727) 461 -6081 (727) 461 -6084 Facsimile: (727) 441 -4477 Email: TF3 @FLORIDABULLET.NET Web Site: WWW.FLORIDABULLET.NET 2014 -15 FLORIDA STATE PRICING PRICE PER CASE BOXI RNDI RNDI PART # DESCRIPTION {DELIVERED) CASE Box CASE SPEER LAWMAN BRASS CASE CENTERFIRE AMMUNITION 53607 25 AUTO 25 AUTO 50 GR TMJ LAWMAN $ 256.90 20 50 1000 53632 32 AUTC 32 AUTO 71 GR TMJ LAWMAN $ 267.90 20 50 1000 53608 380 AUTO 380 AUTO 95 GR TMJ LAWMAN $ 227.00 20 50 1000 53650 9 MM LUGER 9MM LUGER 115 GR TMJ LAWMAN $ 193.90 20 50 1000 53651 9 MM LUGER 9MM LUGER 124 GR TMJ LAWMAN $ 193.90 20 50 1000 53620 9MM LUGER 9MM LUGER 147 GR TMJ LAWMAN $ 234.00 20 50 1000 53733 38 SPECIAL 38 SPt 125GR TMJ LAWMAN $ 349.90 20 50 1000 53757 38 SPECIAL 38 SPL 135GR TMJ LAWMAN $ 349.90 20 50 1000 53750 38 SPECIAL +P 38 SPL +A 158 TMJ LAWMAN $ 349.90 20 50 1000 53919 357 SIG 357 SIG 125 GR TMJ LAWMAN $ 339.90 20 50 1000 53955 40 S &w 40 S &W 165 TMJ LAWMAN $ 234.00 20 50 1900 53981 40 S &W 40 SSW 165 TMJ LAWMAN LEO $ 240.90 20 50 1000 53652 40 S &W 40 S &W 180 GR TMJ LAWMAN $ 234.00 20 50 1000 53882 40 S &W 40 S &W 200 TMJ CF MS BRASS $ 249.90 20 50 1000 53654 45 AUTO 45 AUTO 185GR TMJ LAWMAN $ 289.90 20 50 1000 53656 45 AUTO 45 AUTO 200GR +P TMJ LAWMAN $ 289.90 20 50 1000 53655 45 AUTO 45 AUTO 200 GR TMJ LAWMAN $ 289,90 20 50 1000 53653 45 AUTO 45 AUTO 230 GR TMJ LAWMAN $ 289.90 20 50 1000 53658 45 AUTO 45 AUTO 230 GR FLAT NOSE TMJ LAWMAN $ 299.90 20 50 1000 53979 45 CLOCKAVrOMATIC PISTOL 45 GA.P. 185 OR TMJ LAWMAN $ 377.00 20 50 1000 53980 45 GLOCKAUTOMATiC PISTOL 45 G.A.P. 200 GR TMJ LAWMAN $ 377.00 20 50 1000 PNSIUE PRERVO�SHIP[v1'F*5 IS NOTTA8LT L3ED IN PRICE Page 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Teresa Cantore, Treasurer THROUGH: Donald B. Cooper, City Manager DATE: April 17, 2015 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF MAY 5, 2015 RESOLUTION NO.25- 15BANC OF AMERICA/PUBLIC CAPITAL CORPORATION MASTER LEASE PURCHASE AGREEMENT BACKGROUND The City's operating and capital plans include acquisitions of vehicles, technology, and other capital equipment that are candidates for financing rather than outright cash purchase. Advantages of financing include preservation of cash for operating expenditures and better matching of expenses with the useful life of the equipment. Large single items, acquisitions of real property and of items with available vender financing will continue to be candidates for individual financing transactions. It is best practice to have available a master financing facility with pre- negotiated rates and terms an as an alternative when these other financing options are not available. In compliance with Code Section 36.02(A)(1) Competitive Bids, and with assistance from Public Financial Management (PFM), the City's financial advisory firm, staff received five bids in response to its Notice for $ 10 Million Non - Revolving Line of Credit (LOQ Proposal to fund or reimburse the purchase of certain vehicles, heavy equipment and technology, with the ability of the City to make draws over a three year period. The Notice was posted by the City on its website and on DemandStar, and was distributed by PFM to their list of organizations known to have supported this form of financing (Please see attached List of Bank Contacts.) Banc of America Public Capital Corp responded with the lowest overall borrowing costs and most favorable terms (Please see attached Equipment Financing Bid Responses.) Rates and documents were then negotiated by Finance and the City Attorney with support from PFM and bond counsel Greenberg Traurig. The proposed rates and terms are found on the attached Banc of America Public Capital Corp Term Sheet. The facility will be available for three years and will have a total capacity of $10 million. Rates are fixed for the term of each financing transaction based on the indexing described in the Term Sheet. Current rates are as follows; rates at subsequent takedowns will vary based based on the rate calculation within the Term Sheet: 3 Yr 1.1428% 5 Yr 1.4158% 7 Yr 1.6661% 10 Yr 1.9002% RECOMMENDATION That the Commission approve, by motion, Resolution No. 25 -15; and authorize the execution and delivery of the Master Equipment Lease /Purchase Agreement with Banc of America Public Capital Corp, as lessor. RESOLUTION NO. R -25 -15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA PUBLIC CAPTIAL CORP., AS LESSOR, TOGETHER WITH SEPARATE SCHEDULES THERETO; AUTHORIZATING THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT FROM TIME TO TIME, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000; NO GENERAL OBLIGATION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE TO CONSUMATE THE TRANSACTION CONTEMPLATED HEREIN; SEVERABILITY OF INVALID PROVISIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission "), as the governing body of the City of Delray Beach, Florida (the "City "), is authorized by under the laws of the State of Florida, particularly Chapter 166, Florida Statutes, as amended, to purchase, acquire and lease personal property for the benefit of the City and its inhabitants and to enter into agreements with respect thereto; and WHEREAS, the Commission hereby determines that a need exists for the acquisition, purchase and financing of certain equipment, including but not limited to, fire aerial apparatus, police mobile command vehicles, ambulances, fire engines, brush trucks, police radios, computers, computer network storage and servers, diesel exhaust systems, and parking meters, and such other equipment as may be necessary for the provision of public safety and other general municipal services (collectively, the "Equipment "); and WHEREAS, in order to acquire such Equipment, the City desires to enter into that certain Master Equipment Lease/Purchase Agreement (the "Master Equipment Lease ") with Banc of America Public Capital Corp, as lessor (the "Lessor "), attached hereto as Exhibit 'A" Resolution No. R -25 -15 together with separate schedules, (each, a "Schedule "), in the form attached to the Master Equipment Lease; and WHEREAS, the Commission hereby determines that it is in the best interest of the City for the efficient and effective acquisition, purchase and financing of the Equipment, and based on the current market conditions, and to achieve the best interest rates on favorable terms offered by the Lessor, it is in the best interest of the City to enter into the Master Equipment Lease with the Lessor on a negotiated basis; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. FINDINGS AND DETERMINATIONS. It is hereby ascertained, determined and declared that: (a) The acquisition, purchase and financing of the Equipment from time to time serve a valid municipal purpose. (b) The City, having previously solicited proposals for lease financing, has determined that the best qualified proposal for such lease financing was delivered by the Lessor. (c) The negotiation of the lease financing with the Lessor is in the best interest of the City by reason of the nature of and schedule to receive proceeds under the Master Equipment Lease when needed, the aforementioned solicitation of proposals and the present market conditions. (d) The Master Equipment Lease, in the form attached hereto as Exhibit A, together with the form of Schedule attached thereto, is hereby approved, with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof 2 Resolution No. R -25 -15 and the Mayor (or in his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the Master Equipment Lease on behalf of the City. (e) Any capitalized term not otherwise defined herein, shall have the meaning ascribed to such term in the Master Equipment Lease. SECTION 2. AUTHORIZATION OF LEASE PURCHASE FINANCING. Subject and pursuant to the provisions of this Resolution and the Master Equipment Lease, the City is hereby authorized to acquire and finance the costs of the Equipment in the aggregate principal amount of not exceeding Ten Million Dollars ($10,000,000) under the Master Equipment Lease. Upon the subsequent approval, from time to time by the Commission, of the acquisition, purchase and financing of a portion of the costs of the Equipment under the Master Equipment Lease, the City Manager or his designee shall execute a Schedule to the Master Equipment Lease, each Schedule together with the Master Equipment Lease is hereinafter referred to as a "Lease." The total aggregate principal amount to be financed under all of the Schedules shall not exceed Ten Million Dollars ($10,000,000). SECTION 3. NO GENERAL OBLIGATION. Nothing contained in this Resolution, the Master Equipment Lease, any Schedule, any Lease or any other instrument shall with respect to Rental Payments or any other obligation thereunder constitutes an indebtedness of the City within the meaning of any constitutional, statutory or other limitation of indebtedness, but shall be secured and payable solely as a current expense. The Lessor shall never have the right to compel the exercise of the ad valorem taxing power of the City with respect to any payment or obligation of the City under the Master Equipment Lease, any Schedule, Lease or any other instrument contemplated thereby. 3 Resolution No. R -25 -15 SECTION 4. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution. SECTION 5. FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS That the Mayor, the Vice Mayor, the City Manager, the Chief Financial Officer, the Treasurer, the City Clerk, the City Attorney and any other authorized official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments, and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. All actions heretofore taken and documents prepared or executed by or on behalf of the City by any of its authorized officers in connection with the transactions contemplated hereby, are hereby ratified, confirmed, approved and adopted. SECTION 6. REPEALER That all resolutions or proceedings, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. 4 Resolution No. R -25 -15 SECTION 7. EFFECTIVE DATE immediately upon its passage. Attest: That this Resolution shall take effect PASSED AND ADOPTED in regular session on this the day of May, 2015. CITY CLERK By: Name: Title: The foregoing Resolution is hereby approved by me as to form, language and execution this day of May, 2015. By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor Date of Adoption: May , 2015 E Resolution No. R -25 -15 EXHIBIT A FORM OF MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WPB 3834490320 Resolution No. R -25 -15 shane.mccutchen @acceleratebusiness.com; doug.strange @amerisbank.com; charles.maguire @ baml.com; dan.lally @chase.com; j.r.miller @baml.com; iose.pagan @baml.com; sherry.a.burd @baml.com; stephen.b.lenehan @ baml.com; holly.kuhlman @baml.com; kathryn.sikes @baml.com; peter.cunningham @bnymellon.com; sheila.papelbon @ bnymellon.com; nboyle @us.mufg.jp; jcampagna @bayernlbny.com; mcsmith @bbandt.com; AGSMITH @BBANDT.COM; douglas. prevett@ bbvacom pass.com; j eff. d u nfo rd @ bbvacom pass. co m; jennifer.plotkin @bbvacompass.com; jerry.heniser @bbvacompass.com; roy.hilgenfeldt @bbvacompass.com; tim.roberson @bbvacompass.com; Hank.Gay @bmo.com; sims.ramsay @ccbg.com; jaci.bretz @capitalone.com; steve .kurtz @mycitizensfirst.com; kim berly.camejo @citynational.com; tyler.kurau @citynational.com; rebecca.reynolds @53.com; James.Mitchell @53.com; Rick.Gronberg @53.com; harold.garlock @53.com; steve.cole @hancockbank.com; Alison.m.fazio @jpmorgan.com; john.t.mcauley @jpmorgan.com; ralph.hildevert @jpmorgan.com; Scott.ricker @jpmorgan.com; david.i.weinstein @jpmorgan.com; leif.g.chase @jpmorgan.com; samuel.bridges @helabany.com; roger.johnson @helabany.com; bswain @ppf- inc.com; nicholas.ayotte @pnc.com; jerry.stanforth @ pnc.com; cord.king @raymondmames.com, Betsy.Hedden- Shafer @RaymondJames.com; nabil.may @regions.com; oscar.herrera @regions.com; andy.Iafear @regions.com; deeguiar @sabadelIbank.com; rafael.vil lergas @sabadel Ibank.com; KWong @smbc - If.com; rich.tavani @sgcib.com; bblock @santander.us; pveintimilla @stonegatebank.com; asherman @smbc - If.com; adam.horn @suntrust.com; Steve. Leth @Su nTrust.com; Ieslie.downs @suntrust.com; David.Ross @SunTrust.com; Iisa.hayes @suntrust.com; mike.diehl @suntrust.com; joshua.a.mccoy @suntrust.com; Iawanna.hasper @suntrust.com; brian.orth @suntrust.com; bil Imoore @talstatebank.com; Pamela.Ramkalawan @td.com; thomas.jarvis @td.com; Michael.Nursey @td.com; Marcel.Summermatter @td.com; Coley.Jones @td.com; Kyle.Keith @td.com; mmang @totalbank.com; anne.kupfer @unionbank.com; steven.chapel @usbank.com; paul.anatrella @usbank.com; Jennifer.Lawson @usbank.com; gerri.kerr @usbank.com; clay.bethune @usbank.com; Dane.sheldon @wellsfargo.com; Lance.aylsworth @ wellsfargo.com; Leslie.skipper @wellsfargo.com; todd.morley @wellsfargo.com ; Vicki. Parker @wel Isfargo.com; Vincent.Mattio @wellsfargo.com; aaronkleist @harborcb.com; ieff bell @harborcb.com; tpopieski @bankfirst.com; scurran @calfirst.com; Matthew.Stangl @ EverBank.com; Short Term Notes: iay.crepeau @ td.com; Nathan.Hellen @td.com b N a o O o N� w 0 0 OO x 'b V U ti 0 U ao G lo oo + b.0 [L ti M h�n + + + ' ;. c- -d 'd 0 o o o\ lO Q" ,�' �, G o w ro p N 'w~d b COI --11 O ti 4 O N N N p C. 1n V A W M cd cd cd ' ' ' o 71 G [' x Ir d O O O O G' C 000� b b lo + + + + k 'yyU 'C a N N N o O o° O vi O O OU ti p' p' p' 'Y' b p '"d❑ d O w pp v F' v xx v N V F k N o b Q Uo v o a w crz a z W v a 44 v`" o a bX V � V O V W a Charles T. Maguire Senior Vice President Government Equipment Finance April 13, 2015 Teresa Cantore Delray Beach, FL. Jay Glover Public Financial Management, Inc. Dear Teresa, Bank of America��I Merrill Lynch Banc of America Public Capital Corp VA2- 300 -18 -02 1111 E. Main Street, 18th Floor Richmond, VA 23219 Email: charles.maguire(a.)baml.com Tel: (804) 788 -3345 Fax: (804) 262-8344 Banc of America Public Capital Corporation ( "BAPCC ") on behalf of Bank of America, N.A. is pleased to submit to you ( "Lessee ") the lease financing proposal (the "Proposed Transaction ") described in the attached Summary of Terms and Conditions (the "Term Sheet "). This letter and the Term Sheet (collectively, the "Proposal' or "Proposal Letter ") include only a brief description of the principal terms of the Proposed Transaction, and are intended for discussion purposes only. This Proposal Letter is not intended to and does not create any binding legal obligation on the part of either party. THIS PROPOSAL LETTER IS NOT, AND IS NOT TO BE CONSTRUED AS, A COMMITMENT OR OFFER BY BAPCC OR ANY RELATED ENTITY TO ENTER INTO THE PROPOSED TRANSACTION. BAPCC will not be obligated to provide any financing until the satisfactory completion of its credit, legal and investment approval process. The terms and conditions of this Proposal Letter shall be superseded by and shall no longer be effective upon the execution and delivery of final legal documentation with respect to this Proposed Transaction. This Proposal must be accepted on or before April 24, 2015 in order for BAPCC to proceed with its consideration of the Proposed Transaction. To accept this proposal, please sign the enclosed copy of this letter and return it to: Banc of America Public Capital Corp 1111 E. Main Street, 18th Floor Richmond, VA 23832 P - 804 - 788 -3345 F — 804 - 788 -3432 We appreciate this opportunity to present Bank of America. Very truly yours, BANC OF AMERICA PUBLIC CAPITAL CORP C � 7, Xagaw Charles T. Maguire Senior Vice President "Bank of America Merrill Lynch" is the marketing name for the global banking and global markets businesses of Bank of America Corporation. Lending, derivatives, leasing, equipment finance, and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation ( "Investment Banking Affiliates "), including, in the United States, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., both of which are registered broker - dealers and members of FINRA and SIPC, and, in other jurisdictions, by locally registered entities. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp. are registered as futures commission merchants with the CFTC and are members of the NFA. Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured • May Lose Value • Are Not Bank Guaranteed. 9)2013 Bank of America Corporation Page 2 The undersigned, by its authorized representative below, accepts the above proposal, agrees to furnish Lessor, its successors and assigns, any information relating to the business or financial condition of Lessee or its affiliates, and authorizes Lessor, Bank of America N.A. and their affiliates to disclose to, discuss with and distribute such information (and any information they may already have) to any other affiliates or proposed assignees or successors of Lessor. Delray Beach, FL. By: Title: Date: This proposal is submitted in response to your Request for Proposals, dated November 17, 2014. The contents of this proposal and any subsequent discussions between us, including any and all information, recommendations, opinions, indicative pricing, quotations and analysis with respect to any municipal financial product or issuance of municipal securities, are provided to you in reliance upon the exemption provided for responses to requests for proposals or qualifications under the municipal advisor rules (the "Rules') of the Securities and Exchange Commission (240 CFR 1513a1 -I et seq.). The Staff of the SEC's Office ofMunicipal Securities has issued guidance which provides that, in order for a request for proposals to be consistent with this exemption, it must (a) identify a particular objective, (b) be open for not more than a reasonable period of time (up to six months being generally considered as reasonable), and (c) involve a competitive process (such as by being provided to at least three reasonably competitive market participants) or by being publicly posted to your official website. In submitting this proposal, we have relied upon your compliance with this guidance. In submitting this proposal, we are not undertaking to act as a "municipal advisor" to you or any other person within the meaning of the Rules. In connection with this proposal and the transactions described herein, we are not subject to, and we hereby disclaim, any fiduciary duty to you or to any other person. We understand that you will consult with and rely on the advice of your own municipal, financial, tax, legal and other advisors as and to the extent you deem necessary in connection with your evaluation of this proposal and the transactions described herein. The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. SUMMARY OF TERMS AND CONDITIONS Date: April 13, 2015 Lessee: Delray Beach, FL. Lessor: Banc of America Public Capital (`BAPCC ") or its assignee or designee ( "Lessor ") Equipment: Vehicles, heavy equipment and technology equipment subject to essentiality. Structure: The Lease - Agreement is intended as a NON -BANK QUALIFIED security transaction. Term: 3, 5, 7 and 10 years, equipment is subject to useful life guidelines. Maximum Funding: Not to exceed $10,000,000 Utilization Period: Three years subject to annual credit and pricing review by lessor. Rate: 3 YR 1.1428% 5 YR 1.4158% 7 YR 1.6661% 10 YR 1.9002% The current rates are locked for 15 business days and will be honored so long as the transaction is funded before such date. After the 15 business days, the rate for each schedule will be based on the following index through April 13, 2016: Indexing Based on 4/13/15 Bloomberg Interest Rate Swaps Index: (Avg Life) x Discount to — Current Lease Term Payment Mode (Arrears) Index Rate + Spread Index Term Index Rate Semi - Annual int, Annual 3YR prin 2YR 0.83% 64.1% 0.6108% 1.1428% Semi - Annual int, Annual 5YR prin 3YR 1.15% 64.1% 0.6787% 1.4158% Semi - Annual int, Annual 7YR prin 4YR 1.39% 64.1% 0.7751% 1.6661% Semi - Annual int, Annual IOYR prin 5YR 1.58% 64.1% 0.8874% 1.9002% In order to lock the rate, the City must notify (email is fine) BAPCC of acceptance of the rates within 5 business days from the issuance of this proposal. The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. Pavments: Payments will be in accordance with the attached amortization schedule. Please note if alternative payment frequencies (i.e. quarterly, semiannual or annual) or changes to the principal amounts due on each payment date are requested, this may be accommodated but any changes to the average life may also impact the rate quoted herein. Insurance: Lessee may be required to provide, at its expense, casualty insurance (with such deductibles as Lessor may approve) Lessor has the ability, if necessary, to obtain and provide any insurance certificate required. Prepayment: Pre - payable in whole on any payment date at par. Governmental Entitv Lease: The Base Rent installments are calculated on the assumptions, and Lessee will represent, that Lessee is a state or political subdivision of a state within the meaning of Section 103(c) of the Internal Revenue Code (the "Code "), that this transaction will constitute an obligation of Lessee within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code. Lessee shall provide Lessor with such evidence as Lessor may request to substantiate and maintain such tax status. Lessee will indemnify Lessor only as to the actions or omissions of the lessee, on an after -tax basis, against any loss of Federal income tax exemption of the interest portion of the rentals and against any penalties and interest imposed by the Internal Revenue Service on Lessor in connection therewith on a lump -sum basis. Non - Appropriation Termination: Lessee affirms that funds are available for the current fiscal year and reasonably believes that sufficient funds can be obtained to make all rental payments during each subsequent fiscal year. Lessee will regularly budget for and otherwise use its best efforts to obtain funds for the continuation of the rentals in this transaction. Expenses: Lessee and Lessor will each be responsible for its own expenses incurred in connection with the preparation, negotiation and closing of the lease documentation. There are no other fees or costs associated with this transaction. Escrow Account: Lessee shall deposit, subject to compliance with applicable regulations under the Internal Revenue Code, including, but not limited to arbitrage regulations, the proceeds of the Lease in an escrow acceptable to Lessor, and disbursements made therefrom to pay for the Project upon the execution and delivery of an acceptance certificate (and related documents) by Lessee and approved by Lessor. Documents: Lease documents in form and substance satisfactory to Lessor and its local counsel must be executed and delivered. Sample documentation is attached for review. If Lessor requests, Lessee will also furnish duly executed landlord and mortgage waivers and supporting information. Lessee will also provide board resolutions, incumbency certificates and other documentation required by Lessor. The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. Market Disruption: Notwithstanding anything contained herein to the contrary, in the event any material change shall occur in the financial markets after the date of this Proposal Letter, including but not limited to any governmental action or other event which materially adversely affects the extension of credit by banks, leasing companies or other lending institutions, the Lessor may modify the indicative pricing described above. USA Patriot Act Compliance: The Lessee acknowledges that pursuant to the requirements of the USA Patriot Act (Title III of Pub. L. 107 -56 (signed into law October 26, 2001)) (the "Patriot Act "), the Lessor is required to obtain verify and record information that identifies the Lessee, which information includes the name and address of the Lessee and other information that will allow the Lessor to identify the Lessee in accordance with the Patriot Act. Asset Tracking: Complimentary access to ExpressView®, BAPCC's proprietary - industry leading web based asset management tool that provides clients with online asset tracking and reporting capabilities, including asset & financial detail, asset -level customer service and pay -off requests, imaged vehicle titles, invoice access with a list of unpaid invoice balances, user input fields for internal asset identifiers, and customized reporting. Please see attached information sheet for specifics. In order to set up vour account properly we will need to know prior to funding of your lease if you wish to take advantage of this cgpabihtj. Credit Due Diligence: In order to complete its credit due diligence, Banc of America Public Capital Corp Credit Administration will need you to provide: - Three years of most recent audited financial statements; - Tax Opinion - Most recent fiscal year's Budget; - Insurance Certificate The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. date funding 5/1/2015 $1,000,000.00 10/1/2015 4/1/2016 10/1/2016 4/1/2017 10/1/2017 4/1/2018 10/1/2018 3 YR - Lease Amortization: payment interest principal $ 253,341.41 $ 4,293.76 $ 253,341.41 $ 2,870.65 $ 253,341.41 $ 1,439.42 $ 253,341.41 $ 4,761.83 $ 248,579.59 $ 4,293.76 $ - $ 4,293.76 $ 249,047.65 $ 2,870.65 $ - $ 2,870.65 $ 250,470.76 $ 1,439.42 $ - $ 1,439.42 $ 251,902.00 $1,000,000.00 $1,021,969.49 $21,969.49 $1,000,000.00 date funding 5/1/2015 $1,000,000.00 10/2/2015 4/2/2016 10/2/2016 4/2/2017 10/2/2017 4/2/2018 10/2/2018 4/2/2019 10/2/2019 4/2/2020 10/2/2020 5 YR - Lease Amortization: balance $1,000,000.00 $ 751,420.41 $ 751,420.41 $ 502,372.76 $ 502,372.76 $ 251,902.00 $ 251,902.00 $ (0.00) payment interest principal balance ----- - - - - -- ----- - - - - -- ----- - - - - -- ------ - - - - -- $1,000,000.00 $ 170,626.81 $ 5,938.35 $ 164,688.46 $ 835,311.54 $ 5,913.02 $ 5,913.02 $ - $ 835,311.54 $ 170,626.81 $ 5,913.02 $ 164,713.78 $ 670,597.76 $ 4,747.04 $ 4,747.04 $ - $ 670,597.76 $ 170,626.81 $ 4,747.04 $ 165,879.76 $ 504,718.00 $ 3,572.81 $ 3,572.81 $ - $ 504,718.00 $ 170,626.81 $ 3,572.81 $ 167,054.00 $ 337,664.00 $ 2,390.26 $ 2,390.26 $ - $ 337,664.00 $ 170,626.81 $ 2,390.26 $ 168,236.54 $ 169,427.46 $ 1,199.35 $ 1,199.35 $ - $ 169,427.46 $ 170,626.81 $ 1,199.35 $ 169,427.46 $ (0.00) $1,000,000.00 $1,041,583.33 $41,583.33 $1,000,000.00 The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. date funding 5/1/2015 $1,000,000.00 10/2/2015 4/2/2016 10/2/2016 4/2/2017 10/2/2017 4/2/2018 10/2/2018 4/2/2019 10/2/2019 4/2/2020 10/2/2020 4/2/2021 10/2/2021 4/2/2022 10/2/2022 7 YR - Lease Amortization: payment $ 129,558.67 $ 7,309.58 $ 129,558.67 $ 6,291.16 $ 129,558.67 $ 5,264.26 $ 129,558.67 $ 4,228.80 $ 129,558.67 $ 3,184.72 $ 129,558.67 $ 2,131.94 $ 129,558.67 $ 1,070.39 $ 129,558.67 $1,000,000.00 $1,065,950.23 interest principal balance ----- - - - - -- ----- - - - - -- ------ - - - - -- $1,000,000.00 $ 6,988.51 $ 122,570.17 $ 877,429.83 $ 7,309.58 $ - $ 877,429.83 $ 7,309.58 $ 122,249.09 $ 755,180.74 $ 6,291.16 $ - $ 755,180.74 $ 6,291.16 $ 123,267.51 $ 631,913.23 $ 5,264.26 $ - $ 631,913.23 $ 5,264.26 $ 124,294.41 $ 507,618.82 $ 4,228.80 $ - $ 507,618.82 $ 4,228.80 $ 125,329.87 $ 382,288.95 $ 3,184.72 $ - $ 382,288.95 $ 3,184.72 $ 126,373.95 $ 255,915.01 $ 2,131.94 $ - $ 255,915.01 $ 2,131.94 $ 127,426.73 $ 128,488.28 $ 1,070.39 $ - $ 128,488.28 $ 1,070.39 $ 128,488.28 $ (0.00) $65,950.23 $1,000,000.00 The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. date funding 5/1/2015 $1,000,000.00 10/2/2015 4/2/2016 10/2/2016 4/2/2017 10/2/2017 4/2/2018 10/2/2018 4/2/2019 10/2/2019 4/2/2020 10/2/2020 4/2/2021 10/2/2021 4/2/2022 10/2/2022 4/2/2023 10/2/2023 4/2/2024 10/2/2024 4/2/2025 10/2/2025 10 YR - Lease Amortization: payment interest principal balance ----- - - - - -- ----- - - - - -- ----- - - - - -- ------ - - - - -- $1,000,000.00 $ 96,027.31 $ 7,970.32 $ 88,056.99 $ 911,943.01 $ 8,664.41 $ 8,664.41 $ - $ 911,943.01 $ 96,027.31 $ 8,664.41 $ 87,362.90 $ 824,580.11 $ 7,834.37 $ 7,834.37 $ - $ 824,580.11 $ 96,027.31 $ 7,834.37 $ 88,192.94 $ 736,387.17 $ 6,996.44 $ 6,996.44 $ - $ 736,387.17 $ 96,027.31 $ 6,996.44 $ 89,030.86 $ 647,356.30 $ 6,150.56 $ 6,150.56 $ - $ 647,356.30 $ 96,027.31 $ 6,150.56 $ 89,876.75 $ 557,479.55 $ 5,296.64 $ 5,296.64 $ - $ 557,479.55 $ 96,027.31 $ 5,296.64 $ 90,730.67 $ 466,748.88 $ 4,434.60 $ 4,434.60 $ - $ 466,748.88 $ 96,027.31 $ 4,434.60 $ 91,592.71 $ 375,156.17 $ 3,564.37 $ 3,564.37 $ - $ 375,156.17 $ 96,027.31 $ 3,564.37 $ 92,462.93 $ 282,693.23 $ 2,685.88 $ 2,685.88 $ - $ 282,693.23 $ 96,027.31 $ 2,685.88 $ 93,341.43 $ 189,351.81 $ 1,799.04 $ 1,799.04 $ - $ 189,351.81 $ 96,027.31 $ 1,799.04 $ 94,228.27 $ 95,123.54 $ 903.77 $ 903.77 $ - $ 95,123.54 $ 96,027.31 $ 903.77 $ 95,123.54 $ (0.00) $1,000,000.00 $1,104,630.47 $104,630.47 $1,000,000.00 The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT (FLORIDA VERSION This Master Equipment Lease/Purchase Agreement (the Agreement ") dated as of , and entered into by and between Banc of America Public Capital Corp, a Kansas corporation ("Lessor"), and , a [city] [county] [school district] [special district] [body corporate and politic] existing under the laws of the State of Florida ("Lessee"). WITNESSETH: WHEREAS, Lessee desires to lease, purchase and acquire from Lessor certain Equipment described in each Schedule (as each such term is defined herein), subject to the terms and conditions of and for the purposes set forth in each Lease; and WHEREAS, the relationship between the parties shall be a continuing one and items of equipment and other personal property may be financed pursuant to one or more Leases entered into from time to time in accordance with this Agreement by execution and delivery of additional Schedules by the parties hereto, subject to the terms and conditions provided herein; and WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement and each Schedule for the purposes set forth herein and therein; Now, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows: ARTICLE I Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Acquisition Amount" means, with respect to each Lease, the amount specified in the related Schedule and represented by Lessee to be sufficient, together with other funds (if any) that are legally available for the purpose, to acquire and install the Equipment listed in such Lease. "Acquisition Period" means, with respect to each Lease for which an Escrow Fund is established, that period identified in the related Schedule during which the Lease Proceeds attributable to such Lease may be expended on Equipment Costs pursuant to the related Escrow Agreement. Agreement" means this Master Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to the Agreement pursuant to Section 13.04. 2210342 4847 - 2407 - 5298.1 "Code" means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code in this Agreement and a Lease shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder. "Commencement Date" means, for each Lease, the date when Lessee's obligation to pay rent commences under such Lease, which date shall be the earlier of (a) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 5.01, and (b) the date on which sufficient moneys to acquire and install the Equipment listed in such Lease are deposited for that purpose in an Escrow Fund. "Contract Rate" means, with respect to each Lease, the rate identified as such in the related Schedule. "Equipment" means, with respect to each Lease, the property listed in the related Schedule and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article V. Whenever reference is made in this Agreement to Equipment listed in a Lease, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements of or to such Equipment. "Equipment Costs" means, with respect to each Lease, the total cost of the Equipment listed in the related Schedule, including related soft costs such as freight, installation and taxes and other capitalizable costs, legal fees, financing costs and other costs necessary to vest full, clear legal title to the Equipment in Lessee, and other costs incurred in connection with the financing provided by the lease - purchase of the Equipment as provided in the related Lease; provided that (a) any such soft costs on a cumulative basis shall not exceed a percentage approved by Lessor of the total cost of the Equipment subject to such Lease and (b) in no event shall capitalizable delivery costs, installation charges, taxes and similar capitalizable soft costs relating to such Equipment be included without Lessor's prior consent. "Escrow Agreement" means, with respect to each Lease for which an Escrow Fund is established, an Escrow Fund and Account Control Agreement in form and substance acceptable to and executed by Lessee, Lessor and the Escrow Agent, pursuant to which an Escrow Fund is established and administered. "Escrow Agent" means, with respect to each Lease for which an Escrow Fund is established, the Escrow Agent identified in the related Escrow Agreement, and its successors and assigns. "Escrow Fund" means, with respect to any Lease, the fund established and held by the Escrow Agent pursuant to the related Escrow Agreement. "Event of Default" means an Event of Default described in Section 12.01. "Event of Non - appropriation" means, with respect to a Lease, the failure of Lessee's governing body to appropriate or otherwise make available funds to pay Rental Payments under -2- 4847- 2407 - 5298.1 such Lease following the Original Term or then current Renewal Term sufficient for the continued performance of such Lease by Lessee. "Lease" means a Schedule and the terms and provisions of this Agreement which are incorporated by reference into such Schedule. "Lease Proceeds" means, with respect to each Lease for which an Escrow Fund is established, the total amount of money to be paid by Lessor to the Escrow Agent for deposit and application in accordance with such Lease and the related Escrow Agreement. "Lease Term" means, with respect to each Lease, the Original Term and all Renewal Terms provided in the related Schedule, and with respect to this Agreement, the period from the date hereof until this Agreement is terminated in accordance with Section 13.08. "Lessee" means the entity referred to as Lessee in the first paragraph of this Agreement. "Lessor" means (a) the entity referred to as Lessor in the first paragraph of this Agreement or (b) any assignee or transferee of any right, title or interest of Lessor in and to the Equipment under a Lease or any Lease (including Rental Payments and other amounts due thereunder) and any related Escrow Fund pursuant to Section 11.0 1, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform under a Lease. "Material Adverse Change" means (a) any change in Lessee's creditworthiness that could have a material adverse effect on (i) the financial condition or operations of Lessee, or (ii) Lessee's ability to perform its obligations under this Agreement or any Lease or (b) a downgrade in Lessee's external debt rating from the date of this Agreement of two or more subgrades by either Moody's Investors Service, Inc, or Standard & Poor's Ratings Group or any equivalent successor credit rating agency, or any downgrade by either such agency that would cause Lessee's credit rating to be below investment grade, or, if any such rating agency no longer publishes such ratings at the date of determination, any other nationally recognized statistical rating organization that is selected by Lessee for purposes of such long -term general obligation bond ratings and long -term general fund related bond ratings. "Original Term" means, with respect to each Lease, the period from the Commencement Date identified in the related Schedule until the end of the fiscal year of Lessee in effect at such Commencement Date. "Payment Schedule" means, with respect to each Lease, the Rental Payment Schedule attached to and made a part of the related Schedule and substantially in the form of Exhibit attached to this Agreement. "Prepayment Price " means, with respect to each Lease, the amount that Lessee shall pay to Lessor to prepay its obligations under such Lease as provided in Section 10.01 hereof. -3- 4847- 2407 - 5298.1 "Renewal Terms" means, with respect to each Lease, the consecutive renewal terms of such Lease as specified in the related Schedule, the first of which commences immediately after the end of the Original Term and each having a duration of one year and a term coextensive with each successive Lessee's fiscal year; provided that the final such renewal term shall commence on the first day of the last fiscal year and end on the first business day after the last scheduled Rental Payment Date. "Rental Payment Date " means, with respect to each Lease, each date on which Lessee is required to make a Rental Payment under such Lease as specified in the related Payment Schedule. "Rental Payments" means, with respect to each Lease, the basic rental payments payable by Lessee on the Rental Payment Dates and in the amounts as specified in the related Payment Schedule, consisting of a principal component and an interest component, and in all cases sufficient to repay the principal component under such Lease and interest thereon at the applicable Contract Rate (or Taxable Rate if then in effect). "Schedule" means each separately numbered Schedule of Property, substantially in the form of Exhibit hereto, together with the related Payment Schedule and any Riders attached to such Schedule of Property. "State " means the State of Florida. "Taxable Rate" means, with respect to each Lease, the rate identified as such in the related Schedule. "Vendor" means the manufacturer or supplier of the Equipment listed in a Schedule or any other person as well as the agents or dealers of the manufacturer, installer or supplier with whom Lessor arranged Lessee's acquisition, installation and financing of the Equipment pursuant to the applicable Lease. ARTICLE II Section 2.01. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows: (a) Lessee is a political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the constitution and laws of the State, with full power and authority to enter into this Agreement, each Lease, each Escrow Agreement and the transactions contemplated hereby and thereby and to perform all of its obligations hereunder and under each Lease and each Escrow Agreement. (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease and related Escrow Agreement by proper action of its governing body at a meeting duly called, regularly convened and attended throughout by the requisite -4- 4847- 2407 - 5298.1 quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and each Lease and related Escrow Agreement. (c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. No Event of Non - appropriation has occurred or is threatened with respect to any Lease. (d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a [city] [county] [school district] [special district] [body corporate and politic] of the State. (e) Lessee has complied and will comply with such open meeting laws and public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition and installation by Lessee of the Equipment as provided in each Lease. (f) During the Lease Term under each Lease, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid under the related Lease. (g) Lessee has kept, and throughout the Lease Term of each Lease shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor (i) annual audited financial statements (including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund balances for budget and actual, (3) statement of cash flows, and (4) footnotes, schedules and attachments to the financial statements) within [210]1 days after the end of its fiscal year, (ii) such other financial statements and information as Lessor may reasonably request, and (iii) upon Lessor's request, its annual budget for any prior or current fiscal year or for the following fiscal year when approved but not later than 30 days prior to the end of its current fiscal year. The financial statements described in subsection (g)(i) shall be accompanied by an unqualified opinion of Lessee's auditor. Credit information relating to Lessee may be disseminated among Lessor and any of its affiliates and any of their respective successors and assigns. (h) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule. Lessee's need for the Equipment is not temporary and Lessee does not expect the need for any item of the Equipment to diminish during the related Lease Term. 1 Note to draft: this may be extended at the request of Lessee up to 270 days without any further credit approval -5- 4847- 2407 - 5298.1 (i) The payment of the Rental Payments or any portion thereof is not (under the terms of any Lease or any underlying arrangement) directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Acquisition Amount relating to any Lease will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment. 0) There is no pending litigation, tax claim, proceeding or dispute that may adversely affect Lessee's financial condition or impairs its ability to perform its obligations under this Agreement, any Lease or any Escrow Agreement. Lessee will, at its expense, maintain its legal existence and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor's rights and benefits under each Lease and related Escrow Agreement. (k) No lease, rental agreement, lease - purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. (1) Lessee has complied and will comply with Section 218.38, Florida Statutes, with respect to each Lease. (m) The interest rate for the interest portion of the Rental Payments on the first date that interest beings to accrue with respect to each Lease, does not exceed a rate of interest permitted by Section 215.84, Florida Statutes. Section 2.02. Representations and Covenants of Lessor. Lessor represents, covenants and warrants for the benefit of Lessee on the date hereof and as of the Commencement Date of each Lease that it has and will comply with Section 218.385(2) and Section 218.(3), Florida Statutes, with respect to each Lease, as applicable. ARTICLE III Section 3.01. Lease of Equipment. Subject to the terms and conditions of this Agreement, Lessor agrees to provide the funds specified in each Lease to be provided by it for Lessee to acquire the Equipment described in the related Schedule. Upon the execution and delivery of each Lease, Lessor leases, sells and transfers to Lessee, and Lessee acquires, purchases and leases from Lessor, the Equipment as set forth in such Lease and in accordance with the terms -6- 4847- 2407 - 5298.1 thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be deemed to have exercised its option to continue each Lease for the next Renewal Term unless Lessee shall have terminated such Lease pursuant to Section 3.03 or Section 10.01. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease. Each Schedule signed and delivered by Lessor and Lessee pursuant to this Agreement shall constitute a separate and independent lease and installment purchase of the Equipment therein described. Section 3.02. Continuation of Lease Term. Lessee intends, subject to Section 3.03, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder. Lessee affirms that sufficient funds are legally available for the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Lease Term of each Lease can be obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments due under each Lease, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law. Section 3.03. Nonappropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made during Lessee's then current fiscal year from funds budgeted and appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term thereunder. Lessee agrees to deliver notice to Lessor of such termination promptly after any decision to non - appropriate is made, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee agrees to cease use of the Equipment thereunder and peaceably remove and deliver to Lessor, at Lessee's sole expense (from legally available funds), such Equipment at the location(s) to be specified by Lessor; provided, that Lessee shall pay month -to -month rent at the Contract Rate (or the Taxable Rate if then in effect) set forth in the affected Lease for each month or part thereof that Lessee fails to return the Equipment thereunder pursuant to this Section 3.03 or prepay all of the obligations under such Lease pursuant to Section 10.01 hereof. Section 3.04. Conditions to Lessor's Performance. (a) As a prerequisite to the performance by Lessor of any of its obligations pursuant to any Lease, Lessee shall deliver to Lessor, in form and substance satisfactory to Lessor, the following: (i) A fully completed Schedule, executed by Lessee; -7- 4847- 2407 - 5298.1 (ii) If an Escrow Fund is to be established with respect to such Lease, an Escrow Agreement substantially in the form set forth in Exhibitl hereto, executed by Lessee and the Escrow Agent; (iii) A Certificate completed and executed by the Clerk or Secretary or other comparable officer of Lessee, in substantially the form attached hereto as Exhibit C -1; (iv) A copy, certified as full, true and correct by the Clerk or Secretary or other comparable officer of Lessee, of a resolution, ordinance or other official action of Lessee's governing body, in substantially the form attached hereto as Exhibit C -2, authorizing the execution and delivery of this Agreement and each Lease and related Escrow Agreement entered into pursuant hereto and performance by Lessee of its obligations under each Lease and related Escrow Agreement entered into pursuant hereto; (v) An opinion of counsel to Lessee, in substantially the form attached hereto as ExhibitD, respecting this Agreement and each Lease and Escrow Agreement entered into pursuant hereto; (vi) Evidence of insurance as required by Section 7.02 hereof, (vii) All documents, including financing statements, affidavits, notices and similar instruments, which Lessor deems necessary or appropriate at that time pursuant to Section 6.02; (viii) If Lessee has designated the Lease then being entered into as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of the Code, a certificate in substantially the form attached hereto as Exhibit G executed by an authorized official of Lessee; (ix) A copy of the Form 8038 -G /GC with respect to the Lease then being entered into, fully completed and executed by Lessee; (x) In the event that Lessee is to be reimbursed for expenditures that it has paid more than sixty days prior to the Commencement Date for the Lease then being entered into, evidence of the adoption of a reimbursement resolution or other official action covering the reimbursement of from tax exempt proceeds of expenditures incurred not more than 60 days prior to the date of such resolution; (xi) If any items of Equipment are motor vehicles, properly completed certificates of title or certificates of origin (or applications therefor) for such vehicles; (xii) A waiver or waivers of interest in the Equipment from any other party having an interest in the real estate on which the Equipment will be located and /or landlord of the real estate on which the Equipment will be located; -8- 4847- 2407 - 5298.1 (xiii) Original invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale (if title to Equipment has passed to Lessee), to the extent required by Section 5.01(b); (xiv) Wire instructions for payments to be made to Vendors and Form W -9 from each such Vendor; and (xv) Such other items, if any, as are set forth in the related Schedule or are reasonably required by Lessor. (b) In addition to satisfaction of the conditions set forth in subsection (a) of this Section 3.04, the performance by Lessor of any of its obligations pursuant to any Lease and the related Escrow Agreement shall be subject to: (i) no Material Adverse Change shall have occurred since the dated date of this Agreement, (ii) no Event of Default shall have occurred and then be continuing under any Lease then in effect, (iii) no Event of Non - appropriation under any Lease then in effect shall be threatened and (iv) no Lease shall have been terminated as the result of the occurrence of an Event of Default or an Event of Non - appropriation. (c) Subject to satisfaction of the foregoing, (i) Lessor will pay the Acquisition Amount for Equipment described in a Schedule to the Vendor or reimburse Lessee for its prior expenditures with respect to such Equipment (subject to satisfaction of Section 3.04(a)(x) hereof), upon receipt of the documents described in Sections 5.01(a) and (b); or (ii) if an Escrow Fund is being established with respect to the related Lease, Lessor will deposit the Lease Proceeds for Equipment described in the applicable Schedule with the Escrow Agent as provided in the related Escrow Agreement. (d) This Agreement is not a commitment by Lessor or Lessee to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor or Lessee to enter into any proposed Lease, it being understood that whether Lessor or Lessee enters into any proposed Lease shall be a decision solely within their respective discretion. (e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease. Without limiting the foregoing, Lessee will provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease. Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee. (f) In the event of any conflict in terms between a Schedule and this Agreement, the terms of the Schedule shall control in the interpretation of the Lease created thereby. Section 3.05. Substitution. Lessee reserves the right to substitute Equipment of the same quantity and general type with the approximate equal value, utility and remaining useful life as the Equipment so replaced. Such Substitution is subject to Lessor's prior written -9- 4847- 2407 - 5298.1 consent, which consent shall not be unreasonably withheld, and shall be reflected in an amendment to the appropriate Schedule. ARTICLE IV Section 4.01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the Rental Payment Dates and in such amounts as provided in each Lease. If any Rental payment or other amount payable hereunder is not paid within 10 days of its due date, Lessee shall pay an administrative late charge of 5% of the amount not timely paid or the maximum amount permitted by law, whichever is less. Lessee shall not permit the federal government to guarantee any Rental Payments under any Lease. Rental Payments consist of principal and interest components as more fully detailed on the Schedule for each Lease, the interest on which begins to accrue as of the Commencement Date for each such Lease. Section 4.02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the balance of each Rental Payment is paid as, and represents payment of, principal. Each Lease shall set forth the principal and interest components of each Rental Payment payable thereunder during the applicable Lease Term. Section 4.03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each Lease shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained in this Agreement or in any Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee. THE RENTAL PAYMENTS ARE TO BE MADE ONLY FROM LESSEE'S LEGALLY AVAILABLE REVENUES APPROPRIATED ON AN ANNUAL BASIS, AND NETHER LESSEE, THE STATE NOR ANY POLITICAL SUBDIVISION OR AGENCY TTHEREOF SHALL BE OBLIGATED TO PAY ANY SUMS DUE UNDER A LEASE FORM THE COMPLLED LEVY OF AD VALOREM OR OTHER TAXES EXCEPT FROM THOSE LEGALLY AVAILABLE REVENUES APPROPRIATED BY LESSEE ON AN ANNUAL BASIS, AND NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POER OF LESSEE, THE STATE OR ANY POLITICIAL SUBDIVISION OR AGENCY THEREOF ARE PLEDGED FOR PAYMENT OF SUCH SUMS DUE UNDER A LEASE. Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in each Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set -off or defense, for any reason, including without limitation any failure of the Equipment, any defects, malfunctions, breakdowns or infirmities in the Equipment, disputes with the Vendor of any Equipment or Lessor, any accident, condemnation or unforeseen circumstances or failure of any Vendor to deliver any Equipment or otherwise perform any of its obligations. -10- 4847- 2407 - 5298.1 Section 4.05 Tax Covenants. Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in a timely manner, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes. In connection with the foregoing, Lessee hereby agrees that (a) so long as any Rental Payments under a Lease remain unpaid, moneys on deposit in the Escrow Fund under any Escrow Agreement related to such Lease shall not be used in a manner that will cause such Lease to be classified as an "arbitrage bond" within the meaning of Section 148(a) of the Code; and (b) Lessee shall rebate, from funds legally available for the purpose, an amount equal to excess earnings on the Escrow Fund under any Escrow Agreement to the federal government if required by, and in accordance with, Section 148(f) of the Code, and make the determinations and maintain the records required by the Code. Section 4.06 Event of Taxability. Upon the occurrence of an Event of Taxability with respect to a Lease, the interest component of Rental Payments under such Lease and any charge on Rental Payments or other amounts payable based on the Contract Rate shall have accrued and be payable at the Taxable Rate applicable to such Lease retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includible in the gross income of the owner or owners thereof for federal income tax purposes, and Lessee will pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate identified in the related Lease. For purposes of this Section, "Event of Taxability" means the circumstance of the interest component of any Rental Payment paid or payable pursuant to a Lease becoming includible for federal income tax purposes in an owner's gross income as a consequence of any act, omission or event whatsoever, including but not limited to the matters described in the immediately succeeding sentence, and regardless of whether the same was within or beyond the control of Lessee. An Event of Taxability shall be presumed to have occurred upon (a) the receipt by Lessor or Lessee of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency or other written correspondence which legally holds that the interest component of any Rental Payment under such Lease is includable in the gross income of the owner thereof, (b) the issuance of any public or private ruling of the Internal Revenue Service that the interest component of any Rental Payment under such Lease is includable in the gross income of the owner thereof, or (c) receipt by Lessor or Lessee of a written opinion of a nationally recognized firm of attorneys experienced in matters pertaining to the tax - exempt status of interest on obligations issued by states and their political subdivisions, selected by Lessor and acceptable to Lessee, to the effect that the interest component of any Rental Payment under a Lease has become includable in the gross income of the owner thereof for federal income tax purposes. For all purposes of this definition, an Event of Taxability shall be deemed to occur on the date as of which the interest component of any Rental Payment is deemed includable in the gross income of the owner thereof for federal income tax purposes. Section 4.07. Mandatory Prepayment. If Lease Proceeds are deposited into an Escrow Fund, any funds not applied to Equipment Costs and remaining in such Escrow Fund on the -11- 4847- 2407 - 5298.1 earlier of (a) the expiration of the applicable Acquisition Period and (b) the date on which Lessee delivers to the Escrow Agent the executed Disbursement Request to effect the final disbursement to pay (or reimburse) Equipment Costs from such Escrow Fund shall be applied by Lessor on each successive Rental Payment Date thereafter to pay all or a portion of the Rental Payment due and owing in the succeeding twelve (12) months and any remaining amounts shall be applied by Lessor as prepayment to the unpaid principal balance of Rental Payments owing under the related Lease in the inverse order of the Rental Payment Dates. ARTICLE V Section 5.01. Acquisition, Delivery Installation and Acceptance of Equipment. (a) With respect to each Lease, Lessee shall order the Equipment to be acquired and financed thereunder, cause the Equipment to be delivered and installed at the location specified in such Lease and pay any and all delivery and installation costs and other Equipment Costs in connection therewith. When the Equipment listed in a Lease has been delivered and installed, Lessee shall promptly accept such Equipment and evidence said acceptance by executing and delivering to Lessor a Final Acceptance Certificate in the form attached hereto as Exhibit E; provided, however, that if an Escrow Fund has been established with respect to such Lease as provided in Section 3.04 hereof, Lessee shall deliver Disbursement Requests to the Escrow Agent pursuant to the related Escrow Agreement for the purpose of effecting disbursements from the Escrow Fund to pay (or reimburse) Equipment Costs for the Equipment acquired and pursuant to such Lease. (b) Lessee shall deliver to Lessor, or to an Escrow Agent if an Escrow Fund has been established with respect to the related Lease, original invoices (and proof of payment of such invoices if Lessee seeks reimbursement for prior expenditures) and bills of sale (if title to such Equipment has passed to Lessee) relating to each item of Equipment accepted by Lessee. With respect to Equipment not purchased through an Escrow Fund, Lessor shall, upon receipt of the Final Acceptance Certificate from Lessee, prepare a Schedule of Property and Rental Payment Schedule in the forms attached hereto as Exhibits A and B, respectively. Lessee shall execute and deliver to Lessor such Schedule of Property and Rental Payment Schedule as a Schedule pursuant to Section 3.04(a)(i) within 5 business days of receipt, subject to satisfaction of the conditions set forth in Section 3.04. Section 5.02. Quiet Enjoyment of Equipment. So long as Lessee is not in default under the related Lease, neither Lessor nor any entity claiming by, through or under Lessor, shall interfere with Lessee's quiet use and enjoyment of the Equipment during the Lease Term under such Lease. Section 5.03. Location; Inspection. Once installed, no item of the Equipment will be moved or relocated from the location (or the base location with respect to motor vehicles) specified for it in the related Lease without Lessor's prior written consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property where the Equipment is located for the purpose of inspecting the Equipment. -12- 4847- 2407 - 5298.1 Section 5.04. Use and Maintenance of the Equipment. Lessee will not install, use, operate or maintain the Equipment (or cause the Equipment to be installed, used, operated or maintained) improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body, including without limitation, anti -money laundering laws and regulations; provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Equipment or its interest or rights under the related Lease. Lessee agrees that it will maintain, preserve and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee agrees to pay any costs necessary for the manufacturer to re- certify the Equipment as eligible for manufacturer's maintenance upon the return of the Equipment to Lessor as provided for herein. Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the Lease. ARTICLE VI Section 6.01. Title to the Equipment. During the Lease Term under each Lease, and so long as Lessee is not in default under Article XII hereof, all right, title and interest in and to each item of the Equipment under the related Lease shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions of the applicable Lease. Lessee shall at all times protect and defend, at its own cost and expense, its title in and to the Equipment from and against all claims, liens and legal processes of its creditors, and keep all Equipment free and clear of all such claims, liens and processes. Upon the occurrence of an Event of Default under a Lease or upon termination of a Lease pursuant to Section 3.03 hereof, unless Lessee has elected not to return the Equipment and to prepay all of is obligations under the related Lease pursuant to Section 10.01(a), full and unencumbered legal title to the Equipment shall, be conveyed by Lessee to Lessor within 10 days of such occurrence or termination and upon such conveyance, Lessee shall have no further interest therein (except to the extent provided in Section 12.02(b) and Section 12.04). In addition, upon the occurrence of such an Event of Default or such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the conveyance of such legal title to Lessor and the termination of Lessee's interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 3.03 or 12.02, as applicable. Upon payment of all amounts due and owing under a Lease in accordance with Section 10.01 (including upon -13- 4847- 2407 - 5298.1 payment of all Rental Payments and other amounts payable under such Lease), Lessor's rights relating to the Equipment under such Lease shall terminate. Section 602. Lessor's Interest in the Equipment. Lessor shall only have the remedies described in Section 12.02 and shall not have a general foreclosure right that entitles Lessor to a deficiency judgment or to retain Lessee's equity in the Equipment, if any. Section 6.03. Personal Property; No Encumbrances. Lessee agrees that the Equipment is deemed to be and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Lessee shall not create, incur, assume or permit to exist any pledge, lien, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment under a Lease is or will be located or enter into any agreement to sell or assign or enter into any sale /leaseback arrangement of such real estate without the prior written consent of Lessor; provided, that if Lessor is furnished with a waiver of interest in the Equipment under such Lease acceptable to Lessor in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld. ARTICLE VII Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment under each Lease free of all levies, liens, and encumbrances except those created by such Lease. The parties to this Agreement contemplate that the Equipment under each Lease will be used for a governmental or proprietary purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the Lease Term under the affected Lease. During the Lease Term under each Lease, Lessor will not claim ownership of the Equipment thereunder for the purposes of any tax credits, benefits or deductions with respect to such Equipment. In the event that the installation of any component of any item of Equipment could be deemed to require a payment and performance bond under Section 255.05, Florida Statutes, or be deemed subject to the mechanic's lien provision of Chapter 713, Florida Statutes, or any successor statute to each, as they may be amended from time to time, Lessee shall require such bonds, post such notices and do all other things provided for under such laws in order to the Equipment free of and exempt from all liens. Section 7.02. Insurance. Lessee shall, during the Lease Term under each Lease, maintain or cause to be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal to the greater of (i) the then applicable Prepayment Price -14- 4847- 2407 - 5298.1 under such Lease or (ii) the replacement cost of the Equipment under such Lease; (b) liability insurance naming Lessor and its assigns as additional insured that protects Lessor from liability with limits of at least $5,000,000 for bodily injury and property damage coverage, or such other minimum coverage amount as may be agreed upon between Lessor and Lessee in connection with the execution and delivery of a Lease, in all events under clauses (a) and (b) issued in form and amount satisfactory to Lessor and by an insurance company that is authorized to do business in the State and having a financial strength rating by A.M. Best Company of "A -" or better; and (c) worker's compensation coverage as required by the laws of the State. Notwithstanding the foregoing, Lessee may self - insure against the risks described in clauses (a) and /or (b) through a government pooling arrangement, self - funded loss reserves, risk retention program or other self - insurance program, in each case with Lessor's prior written consent (which Lessor may grant, withhold or deny in its sole discretion) and provided that Lessee has delivered to Lessor such information as Lessor may request with respect to the adequacy of such self - insurance to cover the risks proposed to be self - insured and otherwise in form and substance acceptable to Lessor. In the event Lessee is permitted, at Lessor's sole discretion, to self - insure as provided in this Section, Lessee shall provide to Lessor a self - insurance letter in substantially the form attached hereto as Exhibit F. Lessee shall furnish to Lessor evidence of such insurance or self - insurance coverage throughout the Lease Term under each Lease. Lessee shall not cancel or modify such insurance or self - insurance coverage in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation or modification. Section 7.03. Risk of Loss. Whether or not covered by insurance or self - insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment under any Lease from any cause whatsoever, and no such loss of or damage to or liability arising from the Equipment under any Lease shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under any Lease. Whether or not covered by insurance or self - insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of (a) entering into of this Agreement or any Lease or any of the transactions contemplated hereby or thereby, (b) the ordering, acquisition, ownership, use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item of the Equipment under any Lease, (c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment under any Lease resulting in damage to property or injury to or death to any person, and /or (d) the breach of any covenant of Lessee under or in connection with this Agreement or any Lease or any material misrepresentation provided by Lessee under or in connection with this Agreement or any Lease. The provisions of this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under any or all Leases or the termination of the Lease Term under any or all Leases for any reason. Section 7.04. Advances. In the event Lessee shall fail to keep the Equipment in good repair and working order or shall fail to maintain any insurance required by Section 7.02 hereof, -15- 4847- 2407 - 5298.1 Lessor may, but shall be under no obligation to, maintain and repair the Equipment or obtain and maintain any such insurance coverages, as the case may be, and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term under the affected Lease, and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate (or the Taxable Rate if then in effect) plus 5% per annum or the maximum amount permitted by law, whichever is less. ARTICLE VIII Section 8.01. Damage, Destruction and Condemnation. If, prior to the termination of the Lease Term under the related Lease, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, (i) Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment or such part thereof and any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee or (ii) Lessee shall exercise its option to prepay the obligations under the affected Lease in accordance with Section 10.01(b). If Lessee elects to replace any item of the Equipment (the "Replaced Equipment ") pursuant to this Section, the replacement equipment (the "Replacement Equipment ") shall be of new or of a quality type, utility and condition at least as good as the Replaced Equipment and shall be of equal or greater value than the Replaced Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute "Equipment" for purposes of this Agreement and the related Lease. Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment Date after the occurrence of a casualty event, or be required to exercise its option to prepay the obligations under the related Lease with respect to the damaged equipment in accordance with Section 10.01(b). For purposes of this Article, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. Section 8.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay or cause to be paid to Lessor the amount of the then applicable Prepayment Price under the -16- 4847- 2407 - 5298.1 related Lease, and, upon such payment, the applicable Lease Term shall terminate and Lessor's rights in the Equipment shall terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after paying such Prepayment Price shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV. ARTICLE IX Section 9.01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of any of the Equipment, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee's acquisition of the Equipment under each Lease shall be on an "as is" basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, any Lease, any Equipment or the existence, furnishing, functioning or Lessee's use of any item, product or service provided for in this Agreement or any Lease. Section 9.02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent and attorney -in -fact during the Lease Term under each Lease, so long as Lessee shall not be in default under such Lease, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against a Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the applicable Vendors of the Equipment and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor with respect to any Lease, including the right to receive full and timely Rental Payments and other payments under each Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties relating to the Equipment. ARTICLE X Section 10.01. Prepayment Option. Lessee shall have the option to prepay all, but not less than all, its obligations under a Lease, at the following times and upon the following terms: (a) From and after the date specified (if any) in the applicable Schedule (the "Prepayment Option Commencement Date"), on the Rental Payment Dates specified in the related Payment Schedule, upon not less than 30 days' prior written notice, and upon payment in full of the Rental Payments then due and all other amounts then owing under the related Lease plus the then applicable Prepayment Price, which may include a prepayment premium on the unpaid balance as set forth in such Payment Schedule; or (b) In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's -17- 4847- 2407 - 5298.1 notice to Lessor of its exercise of the prepayment option (which shall be the earlier of the next Rental Payment Date or 60 days after the casualty event) upon payment in full to Lessor of the sum of (i) any Rental Payment then due under such Lease plus (ii) the then applicable Outstanding Balance plus (iii) all other amounts then owing hereunder or in the event such prepayment occurs on a date other than a Rental Payment date, the sum of (x) the Outstanding Balance relating to the Rental Payment immediately prior to the date of such prepayment plus (y) accrued interest on the Outstanding Balance relating to the Rental Payment immediately prior to the date of such prepayment plus (z) all other amounts then owing hereunder; or (c) Upon the expiration of the Lease Term under a Lease, upon payment in full of all Rental Payments then due and all other amounts then owing under such Lease to Lessor. After payment of the applicable Prepayment Price and all other amounts owing under a Lease, Lessor's rights relating to the Equipment under such Lease will be terminated. ARTICLE XI Section IL 01. Assignment by Lessor. (a) Lessor's right, title and interest in and to Rental Payments and any other amounts payable by Lessee under any and all of the Leases and the Escrow Agreement relating to any Lease, and all proceeds therefrom, may be assigned and reassigned by Lessor at any time, in whole or in part, to one or more assignees or subassignees without the necessity of obtaining the consent of Lessee; provided, that any such assignment, transfer or conveyance (i) shall be made only to investors each of whom Lessor reasonably believes is a "qualified institutional buyer" as defined in Rule 144A(a)(1) promulgated under the Securities Act of 1933, as amended, or an "accredited investor" as defined in Section 501(a)(1), (2), (3) or (7) of Regulation D promulgated under the Securities Act of 1933, as amended, and in either case is purchasing a Lease (or any interest therein) for its own account with no present intention to resell or distribute such Lease (or interest therein), subject to each investor's right at any time to dispose of the related Lease or any interest therein as it determines to be in its best interests, (ii) shall not result in more than 35 owners of Lessor's rights and interests under a Lease or the creation of any interest in a Lease in an aggregate principal component that is less than the lesser of $100,000 or the then aggregate unpaid principal component of such Lease and (iii) shall not require Lessee to make Rental Payments, send notices or otherwise deal with respect to matters arising under a Lease with or to more than one Lease Servicer (as such term is defined below), and any trust agreement, participation agreement or custodial agreement under which multiple ownership interests in a Lease are created shall provide the method by which the owners of such interests shall establish the rights and duties of a single entity, trustee, owner, servicer or other fiduciary or agent acting on behalf of all of the assignees (herein referred to as the `Lease Servicer ") to act on their behalf with respect to the rights and interests of Lessor under the related Lease and Escrow Agreement, including with respect to the exercise of rights and remedies of Lessor on behalf of such owners upon the occurrence of an Event of Default or an Event of Non - appropriation under the related Lease. Lessor and Lessee hereby acknowledge and agree that the restrictions and limitations on transfer as provided in this Section 11.01 shall -18- 4847- 2407 - 5298.1 apply to the first and subsequent assignees and sub - assignees of any of Lessor's right, title and interest in, to and under a Lease (or any interest therein). (b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section 11.01 shall be effective as against Lessee until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee; provided, that if such assignment is made to a bank or trust company as trustee or paying agent for owners of certificates of participation, participation interests, trust certificates or partnership interests with respect to the Rental Payments payable under a Lease, it shall thereafter be sufficient that Lessee receives notice of the name and address of the bank, trust company or other entity that acts as the Lease Servicer for such Lease. Notices of assignment provided pursuant to this Section 11.01(b) shall contain a confirmation of compliance with the transfer requirements imposed by Section 11.01(a) hereof. During the Lease Term under each Lease, Lessee shall keep, or cause to be kept, a complete and accurate record of all such assignments in form necessary to comply with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees or Lease Servicer last designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or a Vendor. Assignments in part may include, without limitation, assignment of all of Lessor's rights to the Equipment listed in a particular Lease, all rights in, to and under the Lease related to such Equipment and all rights in, to and under the Escrow Agreement. The option granted in this Section may be separately exercised from time to time with respect to the Equipment listed in each Lease, but such option does not permit the assignment of less than all of Lessor's interests in the Equipment listed in a single Lease. (c) If Lessor notifies Lessee of its intent to assign a Lease, Lessee agrees that it shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment with respect to such Lease, substantially in the form of Exhibit attached to this Agreement, within five (5) business days after its receipt of such request. Section IL 02. Assignment and Subleasing by Lessee. None of Lessee's right, title and interest in, to and under any Lease or any portion of the Equipment, any Escrow Agreement or the Escrow Fund relating thereto may be assigned, encumbered or subleased by Lessee for any reason, and any purported assignment, encumbrance or sublease without Lessor's prior written consent shall be null and void. ARTICLE XII Section 12.01. Events of Default Defined. Any of the following events shall constitute an "Event of Default" under a Lease: (a) Failure by Lessee to (i) pay any Rental Payment or other payment required to be paid under any Lease within 10 days of the date when due as specified therein or (ii) maintain insurance as required under such Lease (including Section 7.02 incorporated therein); -19- 4847- 2407 - 5298.1 (b) Failure by Lessee to observe and perform any covenant, condition or agreement contained in this Agreement or such Lease on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to any Lease or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor, if such default (i) arises under any other agreement for borrowing money, lease financing of property or provision of credit provided by Lessor or any affiliate of Lessor (including, without limitation, the occurrence of any event of default under any other Lease), or (ii) arises under any obligation under which there is outstanding, owing or committed an aggregate amount in excess of $100,000; (e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, or (iv) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator for Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days. Section 12.02. Remedies on Default. Whenever any Event of Default exists under a Lease, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the then current Original Term or Renewal Term to be due; -20- 4847- 2407 - 5298.1 (b) With or without terminating the Lease Term under such Lease, Lessor may request that Lessee at Lessee's expense promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify. In such event, Lessor shall use its best efforts to sell or lease such Equipment or, for the account of Lessee, sublease such Equipment. If Lessee returns the Equipment and Lessor sells, leases or otherwise disposes of any or all of the Equipment, Lessor shall apply the proceeds of such sale, lease or other disposition as described in Section 12.04. Lessee shall not be liable for any deficiency after sale, lease or other disposition of the Equipment. If Lessee elects not to return the Equipment, Lessor is entitled to payment of unpaid Rental Payments through the date of Lessor's request to return the Equipment plus the then applicable Prepayment Price, as set forth in the applicable Schedule for such Equipment. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities under any other Lease or the Equipment listed therein; (c) Lessor may terminate the Escrow Agreement relating to such Lease and apply any proceeds in the Escrow Fund thereunder to the Rental Payments due under such Lease; and (d) Subject to the next sentence, Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under such Lease or the Escrow Agreement. The parties to this Agreement acknowledge that: (i) this Agreement is not intended to create a mortgage of or a security interest in the Equipment as proscribed by Nohrr v. Brevard County Educational Facilities Authority, 247 So. 2d 304 (Fla. 1971), and (ii) Lessor may not exercise any foreclosure -type remedies if an Event of Default occurs, State v. Brevard County, 539 So. 2d 461 (Fla. 1989), notwithstanding any provisions to the contrary in this Agreement. .Section 12.03.No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under a Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice other than such notice as may be required in this Article. -21- 4847- 2407 - 5298.1 Section 12.04. Application of Moneys. Any net proceeds from the exercise of any remedy under this Agreement, including the application specified in Section 12.02(b)(ii) (after deducting all expenses of Lessor in exercising such remedies including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing Equipment and all brokerage, auctioneer's or attorney's fees), shall be applied as follows: (a) If such remedy is exercised solely with respect to a single Lease, Equipment listed in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts related to such Lease or such Equipment. (b) If such remedy is exercised with respect to more than one Lease, Equipment listed in more than one Lease or rights under more than one Lease, then to amounts due pursuant to such Leases pro rata. ARTICLE XIII Section 13.01. Notices. All notices, certificates or other communications under any Lease shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as it appears on the registration books maintained by Lessee. Section 13.02. Binding Effect. Each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Section 13.03. Severability. In the event any provision of any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof. Section 13.04. Amendments, Changes and Modifications. This Agreement and each Lease may only be amended by Lessor and Lessee in writing. Section 13.05. Execution in Counterparts. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument, provided that only Counterpart No. 1 of each Lease (including the terms and provisions of this Agreement incorporated therein by reference) shall constitute chattel paper for purposes of the applicable Uniform Commercial Code. Section 13.06 Applicable Law. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. -22- 4847- 2407 - 5298.1 Section 13.07. Captions. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] -23- 4847- 2407 - 5298.1 IN WITNESS WHEREOF, Lessor and Lessee have caused this Master Equipment Lease/Purchase Agreement to be executed in their names by their duly authorized representatives as of the date first above written. LESSOR: Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Attention: Contract Administration Fax No.: (415) 765 -7373 0 Name: Title: LESSEE Attention: Fax No.: By: Name: Title: Signature Page to Master Equipment Lease /Purchase Agreement 4847 - 2407 - 5298.1 LIST of ExHiBITS Exhibit A Form of Schedule of Property Exhibit B Form of Rental Payment Schedule Exhibit C -1 Form of Incumbency and Authorization Certificate Exhibit C -2 Form of Authorizing Resolution Exhibit D Form of Opinion of Lessee's Counsel Exhibit E Form of Final Acceptance Certificate Exhibit F Exhibit G Exhibit H Exhibit I 4847 - 2407 - 5298.1 Form of Self- Insurance Certificate Form of Bank Qualification Designation Form of Notice and Acknowledgement of Assignment Form of Escrow Fund and Account Control Agreement EXHIBIT A FORM OF SCHEDULE OF PROPERTY NO. Re: Master Equipment Lease/Purchase Agreement, dated as of , between Banc of America Public Capital Corp, as Lessor, and , as Lessee 1. Defined Terms. All terms used herein have the meanings ascribed to them in the above - referenced Master Equipment Lease/Purchase Agreement (the Agreement "). 2. Equipment. For purposes of the Lease created hereby, the following items of Equipment are hereby included under this Schedule together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto as provided in the Agreement. QUANTITY DESCRIPTION SERIAL No. 3. Payment Schedule. MODEL No. LOCATION (a) Rental Payments; Commencement Date. The Rental Payments shall be in such amounts and payable on such Rental Payment Dates as set forth in the Rental Payment Schedule attached to this Schedule as ExhibitB and incorporated herein by this reference, subject to adjustment upon the occurrence of an Event of Taxability as provided in Section 4.06 of the Agreement. Lessee's obligation to pay Rental Payments under the Lease created hereby shall commence on the earlier of (i) the date on which the Equipment listed in this Schedule is accepted by Lessee in the manner described in Section 5.01 of the Agreement, as evidenced by the Final Acceptance Certificate executed by Lessee and substantially in the form of ExhibitE attached to the Agreement, and (ii) the date on which sufficient moneys to acquire and install the Equipment listed in this Schedule are deposited for that purpose with an Escrow Agent pursuant to Section 3.04(c) of the Agreement (the earlier of such two dates being herein referred to as the "Commencement Date "). (b) Prepayment Price Schedule. The Prepayment Price on each Rental Payment Date shall be the amount set forth for such Rental Payment Date in the "Prepayment Price" column of the Rental Payment Schedule attached to this Schedule. The Prepayment Price is in addition to all Rental Payments then due under this Schedule (including the Rental Payment shown on the same line in the Rental Payment Schedule). A -1 4847 - 2407 - 5298.1 4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement (particularly Section 2.01 thereof) are true and correct as though made on the Commencement Date. Lessee further represents and warrants that (a) no Material Adverse Change has occurred since the dated date of the Agreement; (b) no Event of Default has occurred and is continuing under any Lease currently in effect; (c) no Event of Non - appropriation under any Lease currently in effect is threatened; (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non - appropriation; (e) the governing body of Lessee has authorized the execution and delivery of the Agreement and the Leases pursuant to [Resolution No. ] [Ordinance No. ], approved on , 20; (f) the Equipment listed in this Schedule is essential to the functions of Lessee or to the services Lessee provides its citizens; (g) Lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (h) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period. 5. The Lease. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. [OPTION: IF ESCROW AGREEMENT IS USED: 6. Lease Proceeds. The Lease Proceeds that Lessor shall pay to the Escrow Agent in connection with this Schedule is $ , which $ is for deposit into the Escrow Fund. It is expected that by [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule No. , Lessee will have taken possession of all items of Equipment shown above and that the Lessee's final Disbursement Request pursuant to the Escrow Agreement will be signed by Lessee, approved by Lessor and delivered to the Escrow Agent on or before [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule. OR IF VENDOR PAID DIRECTLY USE: 6. Acquisition Amount. The Acquisition Amount for the Equipment listed in this Schedule to be paid to the Vendor (or reimbursed to Lessee) is $ .] [OPTION: IF ESCROW AGREEMENT IS USED: 7. Acquisition Period. The Acquisition Period applicable to this Schedule shall end at the conclusion of the month following the date hereof ] [7] [8]. Lease Perm. The Lease Term shall consist of the Original Term and consecutive Renewal Terms, with the final Renewal Term ending on subj ect to earlier termination pursuant to the Agreement. A -2 4847 - 2407 - 5298.1 [8] [9]. Prepayment Option Commencement Date. For purposes of Section 10.01 of the Agreement, the Prepayment Option Commencement Date is [9][10]. Contract Rate; Taxable Rate. The Contract Rate for this Schedule is % per annum. The Taxable Rate for this Schedule is % per annum. [OPTION: IF MOTOR VEHICLES ARE BEING FINANCED: [10][11]. Registration. Any Equipment that is a motor vehicle is to be registered and titled in the name of Lessee as registered owner. Lessee shall be responsible for the correct titling of all Equipment leased hereunder. Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor's files throughout the Lease Term of the Lease created hereby. [OPTION: IF EQUIPMENT BEING FINANCED MAY CONSTITUTE FIXTURES: [11][12]. Lessee hereby represents and warrants for the benefit of Lessor that Lessee is the fee owner of the real estate where the Equipment is and will be located and has good and marketable title thereto, and there exists no pledge, lien, charge or other encumbrance of any nature whatsoever on or with respect to such real estate. Dated: LESSOR: Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Attention: Contract Administration IM Name: Title: LESSEE Attention: By: Name: Title: Counterpart No. of manually executed and serially numbered counterparts. To the extent that the Lease created hereby constitutes chattel paper (as defined in the applicable Uniform Commercial Code), no security or ownership interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1. A -3 4847 - 2407 - 5298.1 EXtilBIT B FORM OF RENTAL PAYMENT SCHEDULE RENTAL RENTAL PAYMENT PAYMENT INTEREST PRINCIPAL OUTSTANDING DATE AMOUNT PORTION PORTION BALANCE B -1 4847 - 2407 - 5298.1 PREPAYMENT PRICE [including prepayment premium] EXHIBIT C -1 FORM OF INCUMBENCY AND AUTHORIZATION CERTIFICATE The undersigned, a duly elected or appointed and acting [Secretary] [City Clerk] [County Clerk] of as follows: ( "Lessee ") certifies A. The following listed persons are duly elected or appointed and acting officials of Lessee (the "Officials ") in the capacity set forth opposite their respective names below and that the facsimile signatures are true and correct as of the date hereof, and B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Master Equipment Lease/Purchase Agreement dated as of (the Agreement ") and separate Schedules relating thereto from time to time as provided in the Agreement (collectively, the "Schedules "), each between Lessee and Banc of America Public Capital Corp ( "Lessor "), the Escrow Fund and Account Control Agreement dated as of among Lessor, Lessee and as Escrow Agent, and all documents related thereto and delivered in connection therewith (collectively, the "Operative Agreements"), and the Operative Agreements are binding and authorized agreements of Lessee, enforceable in all respects in accordance with their terms. Dated: NAME OF OFFICIAL TITLE SIGNATURE LM Name: Title: (The signer of this Certificate cannot be listed above as authorized to execute the Operative Agreements.) C -1 -1 4847 - 2407 - 5298.1 EXHIBIT C -2 FORM OF AUTHORIZING RESOLUTION A RESOLUTION OF THE GOVERNING BODY OF AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP, AS LESSOR, AND SEPARATE SCHEDULES THERETO FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. WHEREAS, (the "Lessee"), a [city] [county] [school district] [special district] [body corporate and politic] duly organized and existing under the laws of the State /Commonwealth of , is authorized by the laws of the State /Commonwealth of to purchase, acquire and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the governing body of the Lessee (the `Board ") has determined that a need exists for the acquisition, purchase and financing of certain property consisting of [insert general description, such as public works equipment, office equipment, public safety vehicles, communications] (collectively, the "Equipment ") on the terms herein provided; and WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that certain Master Equipment Lease/Purchase Agreement (the Agreement ") with Banc of America Public Capital Corp (or one of its affiliates), as lessor (the `Lessor "), substantially in the proposed form presented to the Board at this meeting, and separate Schedules thereto substantially in the form attached to the Agreement; and WHEREAS, the Board deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and separate Schedules relating thereto from time to time as provided in the Agreement for the purchase, acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; Now, THEREFORE, BE IT AND IT Is HEREBY RESOLVED by the governing body of the Lessee as follows: C -2 -1 4847 - 2407 - 5298.1 Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Agreement (including the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto), in the form presented to the Board at this meeting, are in the best interests of the Lessee for the acquisition, purchase, financing and leasing of the Equipment. Section 2. Approval of Documents. The form, terms and provisions of the Agreement (including the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto) are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by [insert title of officials] of the Lessee (the "Authorized Officials ") executing the same, the execution of such documents being conclusive evidence of such approval. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Agreement, each Schedule thereto under which a separate Lease (as defined in the Agreement) is created, each Rental Payment Schedule attached thereto and any related exhibits attached thereto if and when required; provided, however, that, without further authorization from the governing body of the Lessee, (a) the aggregate principal component of Rental Payments under all Leases entered into pursuant to the Agreement shall not exceed $ ; (b) the maximum term under any Lease entered into pursuant to the Agreement shall not exceed [seven] years; and (c) the maximum interest rate used to determine the interest component of Rental Payments under each Lease shall not exceed the lesser of the maximum rate permitted by law or [ten percent (10 %)] per annum. The Authorized Officials may sign and deliver Leases to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component, maximum term and maximum interest rate provided above. The foregoing authorization shall remain in effect for a period of [two] years from the date hereof during which the Authorized Officials are authorized to sign and deliver Leases pursuant to the Agreement on the terms and conditions herein provided and to be provided in each such Lease. Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Final Acceptance Certificates, Escrow Agreements and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement and each Lease. Section 4. No General Liability. Nothing contained in this Resolution, the Agreement, any Lease, any Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, any Lease, any Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under each Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. C -2 -2 4847 - 2407 - 5298.1 Section S. Appointment of Authorized Lessee Representatives. The and of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of each Lease and the related Escrow Agreement until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Agreement and any Lease or Escrow Agreement. Section 6 Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. The undersigned, a duly elected or appointed and acting [Secretary] [City Clerk] [County Clerk] of the Lessee identified in the above Resolution No. (the "Resolution"), hereby certifies that the Resolution is a full, true and correct copy of such Resolution as adopted by the governing body of the Lessee on , 20. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the governing body of the Lessee since the date of adoption of the Resolution. DATED this day of , 20 Name: Title: C -2 -3 4847 - 2407 - 5298.1 EXHIBIT D FORM OF OPINION OF LESSEE'S COUNSEL (to be typed on letterhead of counsel) Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Re: Schedule of Property No. , dated to Master Equipment Lease/Purchase Agreement, dated as of , between Banc of America Public Capital Corp, as Lessor, and , as Lessee Ladies and Gentlemen: As legal counsel to ("Lessee"), I have examined (a) an executed counterpart of that certain Master Equipment Lease/Purchase Agreement, dated as of (the Agreement ") and Exhibits thereto, between Banc of America Public Capital Corp, as lessor ( Lessor "), and Lessee; (b) an executed counterpart of Schedule of Property No. , dated , between Lessor and Lessee, which incorporates by reference the terms and provisions of the Agreement (such Schedule together with such incorporated terms and provisions are herein referred to collectively as the "Original Schedule "), has attached the Rental Payment Schedule with respect thereto (the "Original Rental Payment Schedule ") executed by Lessee, and provides for the lease of certain property listed in the Original Schedule (the `Equipment "); (c) an executed counterpart of that certain Escrow Fund and Account Control Agreement dated as of (the "Escrow Agreement "), among Lessor, Lessee and , as Escrow Agent; (d) a certified copy of the ordinances or resolutions of the governing body of Lessee which, among other things, authorize Lessee to execute the Agreement, the Original Schedule, the Original Rental Payment Schedule, the Escrow Agreement and all additional Schedules of Property and related rental payment schedules to be entered into pursuant to the Agreement (each of which is herein referred to as an "Additional Schedule ") and to be executed and delivered by the same authorized officers on behalf of Lessee in substantially the same manner and in substantially the same form as the Original Schedule; and (e) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. The Original Schedule, including the terms and provisions of the Agreement incorporated therein by reference, and the related Original Rental Payment Schedule are herein collectively referred to as the Lease. " Any Additional Schedule, which incorporates by reference the terms and conditions of the Agreement, and the related rental payment schedule are herein collectively referred to as an "Additional Lease. " Based on the foregoing, I am of the following opinions: 1. Lessee is a [city] [county] [school district] [special district] [body corporate and politic] duly organized and existing under the laws of the State, and [has a D -1 4847 - 2407 - 5298.1 substantial amount of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power] [is a political subdivision of a state within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code ") and the obligations of Lessee under the Lease constitute, and under each Additional Lease will constitute, an obligation of Lessee within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code]. 2. Lessee has the requisite power and authority to lease, purchase and acquire the Equipment and to execute and deliver the Lease, the Escrow Agreement and each Additional Lease and to perform its obligations under the Lease, the Escrow Agreement and each Additional Lease. 3. The Lease, the Escrow Agreement and each Additional Lease have been duly authorized and approved and have been or, with respect to each Additional Lease, will be, duly executed and delivered by and on behalf of Lessee. Assuming due authorization, execution and delivery thereof by Lessor, each of the Lease and the Escrow Agreement constitutes, and each Additional Lease will constitute, the legal, valid and binding obligation of Lessee, enforceable against Lessee in accordance with their respective terms, except to the extent limited by State and federal law affecting creditor's remedies and by bankruptcy, reorganization, moratorium or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval, execution and delivery of the Lease, the Escrow Agreement and the Additional Leases and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws. 5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Agreement, the Lease, the Escrow Agreement or any Additional Lease or the rights of Lessor or its assigns, as the case may be, in the Equipment under the Lease or any Additional Lease or other collateral thereunder. [6. The portion of rentals designated as and constituting interest paid by Lessee and received by Lessor is excluded from Lessor's gross income for federal income tax purposes under Section 103 of the Code and is exempt from State of personal income taxes; and such interest is not a specific item of tax preference or other collateral for purposes of the federal individual or corporate alternative minimum taxes.] D -2 4847 - 2407 - 5298.1 All capitalized terms herein shall have the same meanings as in the Agreement, the Lease or the Escrow Agreement, unless otherwise provided herein. Lessor and its successors and assigns with respect to any Lease or Additional Lease, and any counsel rendering an opinion on the tax - exempt status of the interest components of the Rental Payments under the Lease or any Additional Lease, are entitled to rely on this opinion. Printed Name: Firm: Address: Telephone No.: Signature: Dated: D -3 4847 - 2407 - 5298.1 EXHIBIT E FORM OF FINAL ACCEPTANCE CERTIFICATE Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Re: Schedule of Property No. , dated to Master Equipment Lease/Purchase Agreement, dated as of , between Banc of America Public Capital Corp, as Lessor, and _ as Lessee Ladies and Gentlemen: In accordance with the Master Equipment Lease/Purchase Agreement described above (the Agreement "), the undersigned Lessee hereby certifies and represents to, and agrees with, Lessor as follows: 1. All of the Equipment listed in the above - referenced Schedule of Property (the "Schedule ") has been delivered, installed and accepted on the date hereof. 2. Lessee has conducted such inspection and /or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement. 4. Lessee hereby reaffirms that the representations, warranties and covenants contained in the Agreement and incorporated into the Schedule by reference are true and correct as of the date hereof. 5. (a) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default exists at the date hereof under any Lease currently in effect; (b) no Material Adverse Change has occurred since the dated date of the Agreement; (c) no Event of Non - appropriation under any Lease currently in effect has been threatened; and (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non - appropriation. E -1 4847 - 2407 - 5298.1 Capitalized terms used, but not defined, in this Final Acceptance Certificate shall have the same meanings as when such terms are used in the Agreement. Date: LESSEE: Name: Title: E -2 4847 - 2407 - 5298.1 EXHIBIT F FORM OF SELF- INSURANCE CERTIFICATE Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Re: Schedule of Property No. , dated , to Master Equipment Lease/Purchase Agreement, dated as of , between Banc of America Public Capital Corp, as Lessor, and , as Lessee In connection with the above - referenced Schedule of Property (the "Schedule "), (the "Lessee ") hereby warrants and represents to Banc of America Public Capital Corp the following information. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement incorporated in the Schedule by reference. 1. The Lessee is self - insured for damage or destruction to the Equipment listed in the Schedule (herein, the "Equipment "). The dollar amount limit for property damage to the Equipment under such self - insurance program is $ . [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self - insurance limits for property damage to the Equipment which policy has a dollar limit for property damage to the Equipment under such policy of $ .] 2. The Lessee is self - insured for liability for injury or death of any person or damage or loss of property arising out of or relating to the condition or operation of the Equipment. The dollar limit for such liability claims under the Lessee's self - insurance program is $ . [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self - insurance limits for liability which policy has a dollar limit for liabilities for injury and death to persons as well as damage or loss of property arising out of or relating to the condition or operation of the Equipment in the amount of $ [3]. The Lessee maintains a self - insurance fund. Monies in the self - insurance fund [are /are not] subject to annual appropriation. The total amount maintained in the self - insurance fund to cover Lessee's self - insurance liabilities is $ . [Amounts paid from the Lessee's self - insurance fund are subject to a dollar per claim of $ .] F -1 4847 - 2407 - 5298.1 [3]. The Lessee does not maintain a self - insurance fund. The Lessee obtains funds to pay claims for which it has self - insured from the following sources: Amounts payable for claims from the such sources are limited as follows: 4. Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee. LESSEE: Name: Title: F -2 4847 - 2407 - 5298.1 EXHIBIT G FORM OF BANK QUALIFICATION DESIGNATION The undersigned, a duly authorized official of (the "Lessee") certifies in connection with Schedule of Property No. , dated , which incorporates by reference the terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of (such Schedule of Property and incorporated terms and provisions are herein referred to as the "Lease"), each between Banc of America Public Capital Corp and Lessee, as follows: 1. The obligations evidenced by the Lease are not "private activity bonds" as defined in Section 141 of the Internal Revenue Code of 1986, as amended (the "Code "); 2. The Lessee hereby designates the principal components of the Rental Payments payable under the Lease as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; 3. The reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the Lessee (and all entities treated as one issuer with the Lessee, and all subordinate entities whose obligations are treated as issued by the Lessee) during the current calendar year will not exceed $10,000,000; and 4. Not more than $10,000,000 of obligations issued by the Lessee during the current calendar year have been designated for purposes of Section 265(b)(3) of the Code. DATE: LESSEE: Name: Title: G -1 4847 - 2407 - 5298.1 EXHIBIT H FORM OF NOTICE AND ACKNOWLEDGEMENT OF ASSIGNMENT Dated BANC OF AMERICA PUBLIC CAPITAL CORP ( Assignor ") hereby gives notice that, as of , 20, it has assigned and sold to ( Assignee ") all of Assignor's right, title and interest in, to and under Schedule of Property No. , dated (including the Rental Payment Schedule attached thereto, the "Schedule "), which incorporates by reference the terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of (the Agreement "), each between Assignor and ("Lessee"), together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith, the Rental Payments and other amounts due under the Lease (as such term is hereinafter defined), all of Assignor's right, title and interest in the Equipment listed in the Schedule and all of Assignor's right, title and interest in, to and under the Escrow Fund and Account Control Agreement dated as of , 20 (the "Escrow Agreement "), among Lessee, Assignor and Deutsche Bank Trust Company Americas, as Escrow Agent, together with the Escrow Fund related thereto (collectively, the "Assigned Property"). For purposes of this Notice and Acknowledgment of Assignment (the "Acknowledgment "), "Lease" means collectively the Schedule and the terms and provisions of the Agreement incorporated therein by reference, together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith. The term "Lease" specifically excludes all other Schedules of Property entered into under the Agreement and rental payments other than with respect to the Schedule. Each capitalized term used but not defined herein has the meaning set forth in the Agreement. 1. Lessee hereby acknowledges the effect of the assignment of the Assigned Property and absolutely and unconditionally agrees to deliver to Assignee all Rental Payments and other amounts coming due under the Lease in accordance with the terms thereof on and after the date of this Acknowledgment. 2. Lessee hereby agrees that: (i) Assignee shall have all the rights of Lessor under the Lease and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the Equipment in accordance with the terms of the Lease, to declare a default and to exercise all rights and remedies thereunder in connection with the occurrence of an Event of Non - appropriation or an Event of Default; and (ii) except as provided in Section 3.03 of the Agreement, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in the Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set -off or defense. H -1 4847 - 2407 - 5298.1 3. Lessee agrees that, as of the date of this Acknowledgment, the following information about the Lease is true, accurate and complete: Number of Rental Payments Remaining Amount of Each Rental Payment Total Amount of Rents Remaining Frequency of Rental Payments Next Rental Payment Due Funds Remaining in Escrow Fund 4. The Lease remains in full force and effect, has not been amended and no event of default (or event which with the passage of time or the giving of notice or both would constitute a default) or threatened non - appropriation has occurred thereunder. 5. Assignor hereby acknowledges the transfer restrictions imposed by Section 11.01 of the Agreement and confirms that the assignment to Assignee has been made in accordance with the provisions of that Section. 6. Any inquiries of Lessee related to the Lease and any requests for disbursements from the Escrow Fund, if applicable, and all Rental Payments and other amounts coming due pursuant to the Lease on and after the date of this Acknowledgment should be remitted to Assignee at the following address (or such other address as provided to Lessee in writing from time to time by Assignee): ACKNOWLEDGED AND AGREED: LESSEE: [FOR EXHIBIT PURPOSES ONLY] IM Name: Title: ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP [FOR EXHIBIT PURPOSES ONLY] 0 Name: Title: H -2 4847 - 2407 - 5298.1 EXHIBIT I ESCROW FUND AND ACCOUNT CONTROL AGREEMENT I- I 4847 - 2407 - 5298.1 MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Teresa Cantore, Treasurer THROUGH: Donald B. Cooper, City Manager DATE: April 20, 2015 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF MAY 5, 2015 RESOLUTION NO. 26-15 BANC OF AMERICA/PUBLIC CAPITAL CORPORATION REIMBURSEMENT AGREEMENT BACKGROUND Resolution No. 25 -15 authorizes the execution and delivery of a Master Equipment Lease /Purchase Agreement with Banc of America Public Capital Corp (BOAPCC) as lessor (see attached Banc of America Public Capital Corp Master Equipment Lease - Purchase Agreement). This form of agreement permits financing of acquisitions in which the lessor pays the equipment vendor directly. The attached Reimbursement Resolution 26-15, as required by law, will allow the City to be reimbursed for certain capital expenditures (see Exhibit A in attached Reimbursement Resolution No. 26-15), not to exceed $10 million, at rates applicable to their useful life (as described in the attached Term Sheet). This form of agreement will be used when due to circumstances, the City funds the equipment and then is reimbursed by the lessor. The acquisition approved elsewhere in this agenda in the amount of $301,179.00 for the fire apparatus diesel exhaust system is a potential candidate for this form of reimbursement financing. Using today's rates for illustration purposes, please see attached Lease Amortization Schedule for Fire Apparatus Diesel Exhaust System at Current Rates for lease /purchase financing of the fire apparatus diesel system containing a rate of 1.8566% over a 10 year period. The actual rates for this transaction will be determined by the timing of the reimbursement, but should not vary substantially from the illustrative rates. RECOMMENDATION That the Commission approve, by motion, Reimbursement Resolution No. 26 -15; and, authorize the use of proceeds from tax - exempt obligations to reimburse the City for the Fire Apparatus Diesel Exhaust System for $301,179.00. RESOLUTION NO. R -26 -15 DECLARATION OF OFFICIAL INTENT OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO REIMBURSE ITSELF FOR CERTAIN CAPITAL EXPENDITURES BY INCURRING DEBT; MAXIMUM PRINCIPAL AMOUNT OF DEBT; NATURE OF PROJECT COSTS; AUTHORIZING INCIDENTAL ACTION; AND REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. WHEREAS, the City Commission (the "Commission "), as the governing body of the City of Delray Beach, Florida (the "City "), expects to incur significant costs in connection with the acquisition of certain equipment, technology and vehicles for use by the City for police, fire rescue, and other general municipal purposes, as more specifically described on Exhibit "A" attached hereto (collectively, the "Project "); and WHEREAS, the City intends on entering into a master equipment lease /purchase agreement and /or issue bonds, notes or other obligations to finance all or a portion of the cost of the Project with the proceeds of obligations the interest on which is excludable from gross income for federal income tax purposes (the "Tax- Exempt Obligations "); and WHEREAS, no costs of the Project were paid more than 60 days prior to the date of this Resolution, other than preliminary expenditures (not exceeding 20% of the aggregate issue price of the Tax - Exempt Obligations issued to finance the Project), provided that such preliminary expenditures shall not include costs of land acquisition or site preparation or other costs of construction or acquisition of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Resolution No. R -26 -15 Section 1. Declaration of Official Intent to Finance Capital Expenditures; Maximum Authorized Debt. The Commission hereby declares its intention and reasonable expectation to use proceeds of Tax - Exempt Obligations (the "Reimbursement Obligations ") to reimburse the City for expenditures for costs of the Project, such Reimbursement Obligations to be issued subject to such terms and conditions as the City shall approve by subsequent resolution, and to be payable solely from non -ad valorem revenues of the City. The City anticipates that the maximum principal amount of Tax - Exempt Obligations that will be issued to finance the Project, including Reimbursement Obligations, will not exceed $10,000,000. Section 2. Nature of Proiect Costs; Reimbursement Period. The City will certify that costs of the Project expected to be reimbursed consist entirely of capital expenditures or costs of issuance of Tax - Exempt Obligations, and no cost of the Project to be reimbursed with the proceeds of the Reimbursement Obligations is a cost of working capital. The City will certify that any reimbursement with proceeds of the Reimbursement Obligations will be made by the later of 18- months after the payment of the cost or after the Project is placed in service, but in any event, no later than three years after the date the original expenditure was paid. Section 3. No Replacement Proceeds. The City will certify that it will not, at any time within one year after any allocation of proceeds of the Reimbursement Obligations to reimburse any expenditure, use the reimbursed funds to create a sinking fund for any issue of Tax - Exempt Obligations to otherwise replace the proceeds of any issue of Tax - Exempt Obligations. Section 4. Incidental Action. The City Manager, the Finance Director of the City, the City Attorney and other appropriate officers of the City are hereby authorized and 2 Resolution No. R -26 -15 directed to take or approve the taking of such actions as may be necessary or appropriate on its part in order to preserve the ability of the City to finance its capital expenditures in accordance with the federal tax regulations and this Resolution. Section 5. Effective Date; Repeal. This Resolution shall take effect immediately upon adoption. All prior resolutions or portions thereof inconsistent herewith are hereby repealed. PASSED AND ADOPTED in regular session on this the _day of May, 2015. Attest: CITY CLERK By: Name: Title: The foregoing Resolution is hereby approved by me as to form, language and execution this day of May, 2015. 0 City Attorney CITY OF DELRAY BEACH, FLORIDA IM Mayor Date of Adoption: 3 Resolution No. R -26 -15 EXHIBIT A PROJECTS I FIRE - RESCUE A. Aerial Ladder Truck B. Diesel Exhaust System C. Advanced Life Support Ambulance D. Fire Engine II POLICE A. Mobile Command Vehicle B. Motorola Radio Replacement III GENERAL A. Vehicle Replacement B. Parking Meters Replacement IV ALTERNATIVE — or such other equipment or vehicles identified in the City's current 5 year Capital Plan that the City deems appropriate which may replace, or be in addition to, any of the foregoing. WPB 3834478340 Resolution No. R -26 -15 Charles T. Maguire Senior Vice President Government Equipment Finance April 13, 2015 Teresa Cantore Delray Beach, FL. Jay Glover Public Financial Management, Inc. Dear Teresa, Bank of America��I Merrill Lynch Banc of America Public Capital Corp VA2- 300 -18 -02 1111 E. Main Street, 18th Floor Richmond, VA 23219 Email: charles.maguire(a.)baml.com Tel: (804) 788 -3345 Fax: (804) 262-8344 Banc of America Public Capital Corporation ( "BAPCC ") on behalf of Bank of America, N.A. is pleased to submit to you ( "Lessee ") the lease financing proposal (the "Proposed Transaction ") described in the attached Summary of Terms and Conditions (the "Term Sheet "). This letter and the Term Sheet (collectively, the "Proposal' or "Proposal Letter ") include only a brief description of the principal terms of the Proposed Transaction, and are intended for discussion purposes only. This Proposal Letter is not intended to and does not create any binding legal obligation on the part of either party. THIS PROPOSAL LETTER IS NOT, AND IS NOT TO BE CONSTRUED AS, A COMMITMENT OR OFFER BY BAPCC OR ANY RELATED ENTITY TO ENTER INTO THE PROPOSED TRANSACTION. BAPCC will not be obligated to provide any financing until the satisfactory completion of its credit, legal and investment approval process. The terms and conditions of this Proposal Letter shall be superseded by and shall no longer be effective upon the execution and delivery of final legal documentation with respect to this Proposed Transaction. This Proposal must be accepted on or before April 24, 2015 in order for BAPCC to proceed with its consideration of the Proposed Transaction. To accept this proposal, please sign the enclosed copy of this letter and return it to: Banc of America Public Capital Corp 1111 E. Main Street, 18th Floor Richmond, VA 23832 P - 804 - 788 -3345 F — 804 - 788 -3432 We appreciate this opportunity to present Bank of America. Very truly yours, BANC OF AMERICA PUBLIC CAPITAL CORP C � 7, Xagaw Charles T. Maguire Senior Vice President "Bank of America Merrill Lynch" is the marketing name for the global banking and global markets businesses of Bank of America Corporation. Lending, derivatives, leasing, equipment finance, and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation ( "Investment Banking Affiliates "), including, in the United States, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., both of which are registered broker - dealers and members of FINRA and SIPC, and, in other jurisdictions, by locally registered entities. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp. are registered as futures commission merchants with the CFTC and are members of the NFA. Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured • May Lose Value • Are Not Bank Guaranteed. 9)2013 Bank of America Corporation Page 2 The undersigned, by its authorized representative below, accepts the above proposal, agrees to furnish Lessor, its successors and assigns, any information relating to the business or financial condition of Lessee or its affiliates, and authorizes Lessor, Bank of America N.A. and their affiliates to disclose to, discuss with and distribute such information (and any information they may already have) to any other affiliates or proposed assignees or successors of Lessor. Delray Beach, FL. By: Title: Date: This proposal is submitted in response to your Request for Proposals, dated November 17, 2014. The contents of this proposal and any subsequent discussions between us, including any and all information, recommendations, opinions, indicative pricing, quotations and analysis with respect to any municipal financial product or issuance of municipal securities, are provided to you in reliance upon the exemption provided for responses to requests for proposals or qualifications under the municipal advisor rules (the "Rules') of the Securities and Exchange Commission (240 CFR 1513a1 -I et seq.). The Staff of the SEC's Office ofMunicipal Securities has issued guidance which provides that, in order for a request for proposals to be consistent with this exemption, it must (a) identify a particular objective, (b) be open for not more than a reasonable period of time (up to six months being generally considered as reasonable), and (c) involve a competitive process (such as by being provided to at least three reasonably competitive market participants) or by being publicly posted to your official website. In submitting this proposal, we have relied upon your compliance with this guidance. In submitting this proposal, we are not undertaking to act as a "municipal advisor" to you or any other person within the meaning of the Rules. In connection with this proposal and the transactions described herein, we are not subject to, and we hereby disclaim, any fiduciary duty to you or to any other person. We understand that you will consult with and rely on the advice of your own municipal, financial, tax, legal and other advisors as and to the extent you deem necessary in connection with your evaluation of this proposal and the transactions described herein. The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. SUMMARY OF TERMS AND CONDITIONS Date: April 13, 2015 Lessee: Delray Beach, FL. Lessor: Banc of America Public Capital (`BAPCC ") or its assignee or designee ( "Lessor ") Equipment: Vehicles, heavy equipment and technology equipment subject to essentiality. Structure: The Lease - Agreement is intended as a NON -BANK QUALIFIED security transaction. Term: 3, 5, 7 and 10 years, equipment is subject to useful life guidelines. Maximum Funding: Not to exceed $10,000,000 Utilization Period: Three years subject to annual credit and pricing review by lessor. Rate: 3 YR 1.1428% 5 YR 1.4158% 7 YR 1.6661% 10 YR 1.9002% The current rates are locked for 15 business days and will be honored so long as the transaction is funded before such date. After the 15 business days, the rate for each schedule will be based on the following index through April 13, 2016: Indexing Based on 4/13/15 Bloomberg Interest Rate Swaps Index: (Avg Life) x Discount to — Current Lease Term Payment Mode (Arrears) Index Rate + Spread Index Term Index Rate Semi - Annual int, Annual 3YR prin 2YR 0.83% 64.1% 0.6108% 1.1428% Semi - Annual int, Annual 5YR prin 3YR 1.15% 64.1% 0.6787% 1.4158% Semi - Annual int, Annual 7YR prin 4YR 1.39% 64.1% 0.7751% 1.6661% Semi - Annual int, Annual IOYR prin 5YR 1.58% 64.1% 0.8874% 1.9002% In order to lock the rate, the City must notify (email is fine) BAPCC of acceptance of the rates within 5 business days from the issuance of this proposal. The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. Pavments: Payments will be in accordance with the attached amortization schedule. Please note if alternative payment frequencies (i.e. quarterly, semiannual or annual) or changes to the principal amounts due on each payment date are requested, this may be accommodated but any changes to the average life may also impact the rate quoted herein. Insurance: Lessee may be required to provide, at its expense, casualty insurance (with such deductibles as Lessor may approve) Lessor has the ability, if necessary, to obtain and provide any insurance certificate required. Prepayment: Pre - payable in whole on any payment date at par. Governmental Entitv Lease: The Base Rent installments are calculated on the assumptions, and Lessee will represent, that Lessee is a state or political subdivision of a state within the meaning of Section 103(c) of the Internal Revenue Code (the "Code "), that this transaction will constitute an obligation of Lessee within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code. Lessee shall provide Lessor with such evidence as Lessor may request to substantiate and maintain such tax status. Lessee will indemnify Lessor only as to the actions or omissions of the lessee, on an after -tax basis, against any loss of Federal income tax exemption of the interest portion of the rentals and against any penalties and interest imposed by the Internal Revenue Service on Lessor in connection therewith on a lump -sum basis. Non - Appropriation Termination: Lessee affirms that funds are available for the current fiscal year and reasonably believes that sufficient funds can be obtained to make all rental payments during each subsequent fiscal year. Lessee will regularly budget for and otherwise use its best efforts to obtain funds for the continuation of the rentals in this transaction. Expenses: Lessee and Lessor will each be responsible for its own expenses incurred in connection with the preparation, negotiation and closing of the lease documentation. There are no other fees or costs associated with this transaction. Escrow Account: Lessee shall deposit, subject to compliance with applicable regulations under the Internal Revenue Code, including, but not limited to arbitrage regulations, the proceeds of the Lease in an escrow acceptable to Lessor, and disbursements made therefrom to pay for the Project upon the execution and delivery of an acceptance certificate (and related documents) by Lessee and approved by Lessor. Documents: Lease documents in form and substance satisfactory to Lessor and its local counsel must be executed and delivered. Sample documentation is attached for review. If Lessor requests, Lessee will also furnish duly executed landlord and mortgage waivers and supporting information. Lessee will also provide board resolutions, incumbency certificates and other documentation required by Lessor. The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. Market Disruption: Notwithstanding anything contained herein to the contrary, in the event any material change shall occur in the financial markets after the date of this Proposal Letter, including but not limited to any governmental action or other event which materially adversely affects the extension of credit by banks, leasing companies or other lending institutions, the Lessor may modify the indicative pricing described above. USA Patriot Act Compliance: The Lessee acknowledges that pursuant to the requirements of the USA Patriot Act (Title III of Pub. L. 107 -56 (signed into law October 26, 2001)) (the "Patriot Act "), the Lessor is required to obtain verify and record information that identifies the Lessee, which information includes the name and address of the Lessee and other information that will allow the Lessor to identify the Lessee in accordance with the Patriot Act. Asset Tracking: Complimentary access to ExpressView®, BAPCC's proprietary - industry leading web based asset management tool that provides clients with online asset tracking and reporting capabilities, including asset & financial detail, asset -level customer service and pay -off requests, imaged vehicle titles, invoice access with a list of unpaid invoice balances, user input fields for internal asset identifiers, and customized reporting. Please see attached information sheet for specifics. In order to set up vour account properly we will need to know prior to funding of your lease if you wish to take advantage of this cgpabihtj. Credit Due Diligence: In order to complete its credit due diligence, Banc of America Public Capital Corp Credit Administration will need you to provide: - Three years of most recent audited financial statements; - Tax Opinion - Most recent fiscal year's Budget; - Insurance Certificate The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. date funding 5/1/2015 $1,000,000.00 10/1/2015 4/1/2016 10/1/2016 4/1/2017 10/1/2017 4/1/2018 10/1/2018 3 YR - Lease Amortization: payment interest principal $ 253,341.41 $ 4,293.76 $ 253,341.41 $ 2,870.65 $ 253,341.41 $ 1,439.42 $ 253,341.41 $ 4,761.83 $ 248,579.59 $ 4,293.76 $ - $ 4,293.76 $ 249,047.65 $ 2,870.65 $ - $ 2,870.65 $ 250,470.76 $ 1,439.42 $ - $ 1,439.42 $ 251,902.00 $1,000,000.00 $1,021,969.49 $21,969.49 $1,000,000.00 date funding 5/1/2015 $1,000,000.00 10/2/2015 4/2/2016 10/2/2016 4/2/2017 10/2/2017 4/2/2018 10/2/2018 4/2/2019 10/2/2019 4/2/2020 10/2/2020 5 YR - Lease Amortization: balance $1,000,000.00 $ 751,420.41 $ 751,420.41 $ 502,372.76 $ 502,372.76 $ 251,902.00 $ 251,902.00 $ (0.00) payment interest principal balance ----- - - - - -- ----- - - - - -- ----- - - - - -- ------ - - - - -- $1,000,000.00 $ 170,626.81 $ 5,938.35 $ 164,688.46 $ 835,311.54 $ 5,913.02 $ 5,913.02 $ - $ 835,311.54 $ 170,626.81 $ 5,913.02 $ 164,713.78 $ 670,597.76 $ 4,747.04 $ 4,747.04 $ - $ 670,597.76 $ 170,626.81 $ 4,747.04 $ 165,879.76 $ 504,718.00 $ 3,572.81 $ 3,572.81 $ - $ 504,718.00 $ 170,626.81 $ 3,572.81 $ 167,054.00 $ 337,664.00 $ 2,390.26 $ 2,390.26 $ - $ 337,664.00 $ 170,626.81 $ 2,390.26 $ 168,236.54 $ 169,427.46 $ 1,199.35 $ 1,199.35 $ - $ 169,427.46 $ 170,626.81 $ 1,199.35 $ 169,427.46 $ (0.00) $1,000,000.00 $1,041,583.33 $41,583.33 $1,000,000.00 The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. date funding 5/1/2015 $1,000,000.00 10/2/2015 4/2/2016 10/2/2016 4/2/2017 10/2/2017 4/2/2018 10/2/2018 4/2/2019 10/2/2019 4/2/2020 10/2/2020 4/2/2021 10/2/2021 4/2/2022 10/2/2022 7 YR - Lease Amortization: payment $ 129,558.67 $ 7,309.58 $ 129,558.67 $ 6,291.16 $ 129,558.67 $ 5,264.26 $ 129,558.67 $ 4,228.80 $ 129,558.67 $ 3,184.72 $ 129,558.67 $ 2,131.94 $ 129,558.67 $ 1,070.39 $ 129,558.67 $1,000,000.00 $1,065,950.23 interest principal balance ----- - - - - -- ----- - - - - -- ------ - - - - -- $1,000,000.00 $ 6,988.51 $ 122,570.17 $ 877,429.83 $ 7,309.58 $ - $ 877,429.83 $ 7,309.58 $ 122,249.09 $ 755,180.74 $ 6,291.16 $ - $ 755,180.74 $ 6,291.16 $ 123,267.51 $ 631,913.23 $ 5,264.26 $ - $ 631,913.23 $ 5,264.26 $ 124,294.41 $ 507,618.82 $ 4,228.80 $ - $ 507,618.82 $ 4,228.80 $ 125,329.87 $ 382,288.95 $ 3,184.72 $ - $ 382,288.95 $ 3,184.72 $ 126,373.95 $ 255,915.01 $ 2,131.94 $ - $ 255,915.01 $ 2,131.94 $ 127,426.73 $ 128,488.28 $ 1,070.39 $ - $ 128,488.28 $ 1,070.39 $ 128,488.28 $ (0.00) $65,950.23 $1,000,000.00 The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. date funding 5/1/2015 $1,000,000.00 10/2/2015 4/2/2016 10/2/2016 4/2/2017 10/2/2017 4/2/2018 10/2/2018 4/2/2019 10/2/2019 4/2/2020 10/2/2020 4/2/2021 10/2/2021 4/2/2022 10/2/2022 4/2/2023 10/2/2023 4/2/2024 10/2/2024 4/2/2025 10/2/2025 10 YR - Lease Amortization: payment interest principal balance ----- - - - - -- ----- - - - - -- ----- - - - - -- ------ - - - - -- $1,000,000.00 $ 96,027.31 $ 7,970.32 $ 88,056.99 $ 911,943.01 $ 8,664.41 $ 8,664.41 $ - $ 911,943.01 $ 96,027.31 $ 8,664.41 $ 87,362.90 $ 824,580.11 $ 7,834.37 $ 7,834.37 $ - $ 824,580.11 $ 96,027.31 $ 7,834.37 $ 88,192.94 $ 736,387.17 $ 6,996.44 $ 6,996.44 $ - $ 736,387.17 $ 96,027.31 $ 6,996.44 $ 89,030.86 $ 647,356.30 $ 6,150.56 $ 6,150.56 $ - $ 647,356.30 $ 96,027.31 $ 6,150.56 $ 89,876.75 $ 557,479.55 $ 5,296.64 $ 5,296.64 $ - $ 557,479.55 $ 96,027.31 $ 5,296.64 $ 90,730.67 $ 466,748.88 $ 4,434.60 $ 4,434.60 $ - $ 466,748.88 $ 96,027.31 $ 4,434.60 $ 91,592.71 $ 375,156.17 $ 3,564.37 $ 3,564.37 $ - $ 375,156.17 $ 96,027.31 $ 3,564.37 $ 92,462.93 $ 282,693.23 $ 2,685.88 $ 2,685.88 $ - $ 282,693.23 $ 96,027.31 $ 2,685.88 $ 93,341.43 $ 189,351.81 $ 1,799.04 $ 1,799.04 $ - $ 189,351.81 $ 96,027.31 $ 1,799.04 $ 94,228.27 $ 95,123.54 $ 903.77 $ 903.77 $ - $ 95,123.54 $ 96,027.31 $ 903.77 $ 95,123.54 $ (0.00) $1,000,000.00 $1,104,630.47 $104,630.47 $1,000,000.00 The transaction described in this document is an arm's length, commercial transaction between you and Banc ofAmerica Public Capital Corp (BAPCC') in which: (z) BAPCC is acting solely as a principal (i.e., as a lender or lessor) and for its own interest; (ii) BAPCC is not acting as a municipal advisor or financial advisor to you; (iii) BAPCC has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to this transaction and the discussions, undertakings and procedures leading thereto ('irrespective of whether BAPCC or any of its affiliates has provided other services or is currently providing other services to you on other matters); (iv) the only obligations BAPCC has to you with respect to this transaction are set forth in the definitive transaction agreements between us; and (v) BAPCC is not recommending that you take an action with respect to the transaction described in this document, and before taking any action with respect to the this transaction, you should discuss the information contained herein with your own legal, accounting, tax, financial and other advisors, as you deem appropriate. If you would like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a municipal advisor to serve in that capacity. Loan Amortization - 1.8566% date funding payment interest principal balance 5/15/2015 $ 301,179.00 $ 301,179.00 10/15/2015 $ 28,884.08 $ 2,329.92 $ 26,554.16 $ 274,624.84 4/15/2016 $ 2,549.39 $ 2,549.39 $ - $ 274,624.84 10/15/2016 $ 28,884.08 $ 2,549.39 $ 26,334.69 $ 248,290.15 4/15/2017 $ 2,304.92 $ 2,304.92 $ - $ 248,290.15 10/15/2017 $ 28,884.08 $ 2,304.92 $ 26,579.16 $ 221,710.99 4/15/2018 $ 2,058.18 $ 2,058.18 $ - $ 221,710.99 10/15/2018 $ 28,884.08 $ 2,058.18 $ 26,825.90 $ 194,885.09 4/15/2019 $ 1,809.15 $ 1,809.15 $ - $ 194,885.09 10/15/2019 $ 28,884.08 $ 1,809.15 $ 27,074.93 $ 167,810.16 4/15/2020 $ 1,557.81 $ 1,557.81 $ - $ 167,810.16 10/15/2020 $ 28,884.08 $ 1,557.81 $ 27,326.27 $ 140,483.89 4/15/2021 $ 1,304.14 $ 1,304.14 $ - $ 140,483.89 10/15/2021 $ 28,884.08 $ 1,304.14 $ 27,579.94 $ 112,903.95 4/15/2022 $ 1,048.11 $ 1,048.11 $ - $ 112,903.95 10/15/2022 $ 28,884.08 $ 1,048.11 $ 27,835.97 $ 85,067.98 4/15/2023 $ 789.70 $ 789.70 $ - $ 85,067.98 10/15/2023 $ 28,884.08 $ 789.70 $ 28,094.38 $ 56,973.60 4/15/2024 $ 528.90 $ 528.90 $ - $ 56,973.60 10/15/2024 $ 28,884.08 $ 528.90 $ 28,355.19 $ 28,618.41 4/15/2025 $ 265.67 $ 265.67 $ - $ 28,618.41 10/15/2025 $ 28,884.08 $ 265.67 $ 28,618.41 $ (0.00) $ 301,179.00 $ 331,940.89 $ 30,761.89 $ 301,179.00 MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT (FLORIDA VERSION This Master Equipment Lease/Purchase Agreement (the Agreement ") dated as of , and entered into by and between Banc of America Public Capital Corp, a Kansas corporation ("Lessor"), and , a [city] [county] [school district] [special district] [body corporate and politic] existing under the laws of the State of Florida ("Lessee"). WITNESSETH: WHEREAS, Lessee desires to lease, purchase and acquire from Lessor certain Equipment described in each Schedule (as each such term is defined herein), subject to the terms and conditions of and for the purposes set forth in each Lease; and WHEREAS, the relationship between the parties shall be a continuing one and items of equipment and other personal property may be financed pursuant to one or more Leases entered into from time to time in accordance with this Agreement by execution and delivery of additional Schedules by the parties hereto, subject to the terms and conditions provided herein; and WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement and each Schedule for the purposes set forth herein and therein; Now, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows: ARTICLE I Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Acquisition Amount" means, with respect to each Lease, the amount specified in the related Schedule and represented by Lessee to be sufficient, together with other funds (if any) that are legally available for the purpose, to acquire and install the Equipment listed in such Lease. "Acquisition Period" means, with respect to each Lease for which an Escrow Fund is established, that period identified in the related Schedule during which the Lease Proceeds attributable to such Lease may be expended on Equipment Costs pursuant to the related Escrow Agreement. Agreement" means this Master Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to the Agreement pursuant to Section 13.04. 2210342 4847 - 2407 - 5298.1 "Code" means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code in this Agreement and a Lease shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder. "Commencement Date" means, for each Lease, the date when Lessee's obligation to pay rent commences under such Lease, which date shall be the earlier of (a) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 5.01, and (b) the date on which sufficient moneys to acquire and install the Equipment listed in such Lease are deposited for that purpose in an Escrow Fund. "Contract Rate" means, with respect to each Lease, the rate identified as such in the related Schedule. "Equipment" means, with respect to each Lease, the property listed in the related Schedule and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article V. Whenever reference is made in this Agreement to Equipment listed in a Lease, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements of or to such Equipment. "Equipment Costs" means, with respect to each Lease, the total cost of the Equipment listed in the related Schedule, including related soft costs such as freight, installation and taxes and other capitalizable costs, legal fees, financing costs and other costs necessary to vest full, clear legal title to the Equipment in Lessee, and other costs incurred in connection with the financing provided by the lease - purchase of the Equipment as provided in the related Lease; provided that (a) any such soft costs on a cumulative basis shall not exceed a percentage approved by Lessor of the total cost of the Equipment subject to such Lease and (b) in no event shall capitalizable delivery costs, installation charges, taxes and similar capitalizable soft costs relating to such Equipment be included without Lessor's prior consent. "Escrow Agreement" means, with respect to each Lease for which an Escrow Fund is established, an Escrow Fund and Account Control Agreement in form and substance acceptable to and executed by Lessee, Lessor and the Escrow Agent, pursuant to which an Escrow Fund is established and administered. "Escrow Agent" means, with respect to each Lease for which an Escrow Fund is established, the Escrow Agent identified in the related Escrow Agreement, and its successors and assigns. "Escrow Fund" means, with respect to any Lease, the fund established and held by the Escrow Agent pursuant to the related Escrow Agreement. "Event of Default" means an Event of Default described in Section 12.01. "Event of Non - appropriation" means, with respect to a Lease, the failure of Lessee's governing body to appropriate or otherwise make available funds to pay Rental Payments under -2- 4847- 2407 - 5298.1 such Lease following the Original Term or then current Renewal Term sufficient for the continued performance of such Lease by Lessee. "Lease" means a Schedule and the terms and provisions of this Agreement which are incorporated by reference into such Schedule. "Lease Proceeds" means, with respect to each Lease for which an Escrow Fund is established, the total amount of money to be paid by Lessor to the Escrow Agent for deposit and application in accordance with such Lease and the related Escrow Agreement. "Lease Term" means, with respect to each Lease, the Original Term and all Renewal Terms provided in the related Schedule, and with respect to this Agreement, the period from the date hereof until this Agreement is terminated in accordance with Section 13.08. "Lessee" means the entity referred to as Lessee in the first paragraph of this Agreement. "Lessor" means (a) the entity referred to as Lessor in the first paragraph of this Agreement or (b) any assignee or transferee of any right, title or interest of Lessor in and to the Equipment under a Lease or any Lease (including Rental Payments and other amounts due thereunder) and any related Escrow Fund pursuant to Section 11.0 1, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform under a Lease. "Material Adverse Change" means (a) any change in Lessee's creditworthiness that could have a material adverse effect on (i) the financial condition or operations of Lessee, or (ii) Lessee's ability to perform its obligations under this Agreement or any Lease or (b) a downgrade in Lessee's external debt rating from the date of this Agreement of two or more subgrades by either Moody's Investors Service, Inc, or Standard & Poor's Ratings Group or any equivalent successor credit rating agency, or any downgrade by either such agency that would cause Lessee's credit rating to be below investment grade, or, if any such rating agency no longer publishes such ratings at the date of determination, any other nationally recognized statistical rating organization that is selected by Lessee for purposes of such long -term general obligation bond ratings and long -term general fund related bond ratings. "Original Term" means, with respect to each Lease, the period from the Commencement Date identified in the related Schedule until the end of the fiscal year of Lessee in effect at such Commencement Date. "Payment Schedule" means, with respect to each Lease, the Rental Payment Schedule attached to and made a part of the related Schedule and substantially in the form of Exhibit attached to this Agreement. "Prepayment Price " means, with respect to each Lease, the amount that Lessee shall pay to Lessor to prepay its obligations under such Lease as provided in Section 10.01 hereof. -3- 4847- 2407 - 5298.1 "Renewal Terms" means, with respect to each Lease, the consecutive renewal terms of such Lease as specified in the related Schedule, the first of which commences immediately after the end of the Original Term and each having a duration of one year and a term coextensive with each successive Lessee's fiscal year; provided that the final such renewal term shall commence on the first day of the last fiscal year and end on the first business day after the last scheduled Rental Payment Date. "Rental Payment Date " means, with respect to each Lease, each date on which Lessee is required to make a Rental Payment under such Lease as specified in the related Payment Schedule. "Rental Payments" means, with respect to each Lease, the basic rental payments payable by Lessee on the Rental Payment Dates and in the amounts as specified in the related Payment Schedule, consisting of a principal component and an interest component, and in all cases sufficient to repay the principal component under such Lease and interest thereon at the applicable Contract Rate (or Taxable Rate if then in effect). "Schedule" means each separately numbered Schedule of Property, substantially in the form of Exhibit hereto, together with the related Payment Schedule and any Riders attached to such Schedule of Property. "State " means the State of Florida. "Taxable Rate" means, with respect to each Lease, the rate identified as such in the related Schedule. "Vendor" means the manufacturer or supplier of the Equipment listed in a Schedule or any other person as well as the agents or dealers of the manufacturer, installer or supplier with whom Lessor arranged Lessee's acquisition, installation and financing of the Equipment pursuant to the applicable Lease. ARTICLE II Section 2.01. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows: (a) Lessee is a political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the constitution and laws of the State, with full power and authority to enter into this Agreement, each Lease, each Escrow Agreement and the transactions contemplated hereby and thereby and to perform all of its obligations hereunder and under each Lease and each Escrow Agreement. (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease and related Escrow Agreement by proper action of its governing body at a meeting duly called, regularly convened and attended throughout by the requisite -4- 4847- 2407 - 5298.1 quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and each Lease and related Escrow Agreement. (c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. No Event of Non - appropriation has occurred or is threatened with respect to any Lease. (d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a [city] [county] [school district] [special district] [body corporate and politic] of the State. (e) Lessee has complied and will comply with such open meeting laws and public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition and installation by Lessee of the Equipment as provided in each Lease. (f) During the Lease Term under each Lease, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid under the related Lease. (g) Lessee has kept, and throughout the Lease Term of each Lease shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor (i) annual audited financial statements (including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund balances for budget and actual, (3) statement of cash flows, and (4) footnotes, schedules and attachments to the financial statements) within [210]1 days after the end of its fiscal year, (ii) such other financial statements and information as Lessor may reasonably request, and (iii) upon Lessor's request, its annual budget for any prior or current fiscal year or for the following fiscal year when approved but not later than 30 days prior to the end of its current fiscal year. The financial statements described in subsection (g)(i) shall be accompanied by an unqualified opinion of Lessee's auditor. Credit information relating to Lessee may be disseminated among Lessor and any of its affiliates and any of their respective successors and assigns. (h) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule. Lessee's need for the Equipment is not temporary and Lessee does not expect the need for any item of the Equipment to diminish during the related Lease Term. 1 Note to draft: this may be extended at the request of Lessee up to 270 days without any further credit approval -5- 4847- 2407 - 5298.1 (i) The payment of the Rental Payments or any portion thereof is not (under the terms of any Lease or any underlying arrangement) directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Acquisition Amount relating to any Lease will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment. 0) There is no pending litigation, tax claim, proceeding or dispute that may adversely affect Lessee's financial condition or impairs its ability to perform its obligations under this Agreement, any Lease or any Escrow Agreement. Lessee will, at its expense, maintain its legal existence and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor's rights and benefits under each Lease and related Escrow Agreement. (k) No lease, rental agreement, lease - purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. (1) Lessee has complied and will comply with Section 218.38, Florida Statutes, with respect to each Lease. (m) The interest rate for the interest portion of the Rental Payments on the first date that interest beings to accrue with respect to each Lease, does not exceed a rate of interest permitted by Section 215.84, Florida Statutes. Section 2.02. Representations and Covenants of Lessor. Lessor represents, covenants and warrants for the benefit of Lessee on the date hereof and as of the Commencement Date of each Lease that it has and will comply with Section 218.385(2) and Section 218.(3), Florida Statutes, with respect to each Lease, as applicable. ARTICLE III Section 3.01. Lease of Equipment. Subject to the terms and conditions of this Agreement, Lessor agrees to provide the funds specified in each Lease to be provided by it for Lessee to acquire the Equipment described in the related Schedule. Upon the execution and delivery of each Lease, Lessor leases, sells and transfers to Lessee, and Lessee acquires, purchases and leases from Lessor, the Equipment as set forth in such Lease and in accordance with the terms -6- 4847- 2407 - 5298.1 thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be deemed to have exercised its option to continue each Lease for the next Renewal Term unless Lessee shall have terminated such Lease pursuant to Section 3.03 or Section 10.01. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease. Each Schedule signed and delivered by Lessor and Lessee pursuant to this Agreement shall constitute a separate and independent lease and installment purchase of the Equipment therein described. Section 3.02. Continuation of Lease Term. Lessee intends, subject to Section 3.03, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder. Lessee affirms that sufficient funds are legally available for the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Lease Term of each Lease can be obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments due under each Lease, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law. Section 3.03. Nonappropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made during Lessee's then current fiscal year from funds budgeted and appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term thereunder. Lessee agrees to deliver notice to Lessor of such termination promptly after any decision to non - appropriate is made, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee agrees to cease use of the Equipment thereunder and peaceably remove and deliver to Lessor, at Lessee's sole expense (from legally available funds), such Equipment at the location(s) to be specified by Lessor; provided, that Lessee shall pay month -to -month rent at the Contract Rate (or the Taxable Rate if then in effect) set forth in the affected Lease for each month or part thereof that Lessee fails to return the Equipment thereunder pursuant to this Section 3.03 or prepay all of the obligations under such Lease pursuant to Section 10.01 hereof. Section 3.04. Conditions to Lessor's Performance. (a) As a prerequisite to the performance by Lessor of any of its obligations pursuant to any Lease, Lessee shall deliver to Lessor, in form and substance satisfactory to Lessor, the following: (i) A fully completed Schedule, executed by Lessee; -7- 4847- 2407 - 5298.1 (ii) If an Escrow Fund is to be established with respect to such Lease, an Escrow Agreement substantially in the form set forth in Exhibitl hereto, executed by Lessee and the Escrow Agent; (iii) A Certificate completed and executed by the Clerk or Secretary or other comparable officer of Lessee, in substantially the form attached hereto as Exhibit C -1; (iv) A copy, certified as full, true and correct by the Clerk or Secretary or other comparable officer of Lessee, of a resolution, ordinance or other official action of Lessee's governing body, in substantially the form attached hereto as Exhibit C -2, authorizing the execution and delivery of this Agreement and each Lease and related Escrow Agreement entered into pursuant hereto and performance by Lessee of its obligations under each Lease and related Escrow Agreement entered into pursuant hereto; (v) An opinion of counsel to Lessee, in substantially the form attached hereto as ExhibitD, respecting this Agreement and each Lease and Escrow Agreement entered into pursuant hereto; (vi) Evidence of insurance as required by Section 7.02 hereof, (vii) All documents, including financing statements, affidavits, notices and similar instruments, which Lessor deems necessary or appropriate at that time pursuant to Section 6.02; (viii) If Lessee has designated the Lease then being entered into as a "qualified tax - exempt obligation" within the meaning of Section 265(b)(3) of the Code, a certificate in substantially the form attached hereto as Exhibit G executed by an authorized official of Lessee; (ix) A copy of the Form 8038 -G /GC with respect to the Lease then being entered into, fully completed and executed by Lessee; (x) In the event that Lessee is to be reimbursed for expenditures that it has paid more than sixty days prior to the Commencement Date for the Lease then being entered into, evidence of the adoption of a reimbursement resolution or other official action covering the reimbursement of from tax exempt proceeds of expenditures incurred not more than 60 days prior to the date of such resolution; (xi) If any items of Equipment are motor vehicles, properly completed certificates of title or certificates of origin (or applications therefor) for such vehicles; (xii) A waiver or waivers of interest in the Equipment from any other party having an interest in the real estate on which the Equipment will be located and /or landlord of the real estate on which the Equipment will be located; -8- 4847- 2407 - 5298.1 (xiii) Original invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale (if title to Equipment has passed to Lessee), to the extent required by Section 5.01(b); (xiv) Wire instructions for payments to be made to Vendors and Form W -9 from each such Vendor; and (xv) Such other items, if any, as are set forth in the related Schedule or are reasonably required by Lessor. (b) In addition to satisfaction of the conditions set forth in subsection (a) of this Section 3.04, the performance by Lessor of any of its obligations pursuant to any Lease and the related Escrow Agreement shall be subject to: (i) no Material Adverse Change shall have occurred since the dated date of this Agreement, (ii) no Event of Default shall have occurred and then be continuing under any Lease then in effect, (iii) no Event of Non - appropriation under any Lease then in effect shall be threatened and (iv) no Lease shall have been terminated as the result of the occurrence of an Event of Default or an Event of Non - appropriation. (c) Subject to satisfaction of the foregoing, (i) Lessor will pay the Acquisition Amount for Equipment described in a Schedule to the Vendor or reimburse Lessee for its prior expenditures with respect to such Equipment (subject to satisfaction of Section 3.04(a)(x) hereof), upon receipt of the documents described in Sections 5.01(a) and (b); or (ii) if an Escrow Fund is being established with respect to the related Lease, Lessor will deposit the Lease Proceeds for Equipment described in the applicable Schedule with the Escrow Agent as provided in the related Escrow Agreement. (d) This Agreement is not a commitment by Lessor or Lessee to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor or Lessee to enter into any proposed Lease, it being understood that whether Lessor or Lessee enters into any proposed Lease shall be a decision solely within their respective discretion. (e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease. Without limiting the foregoing, Lessee will provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease. Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee. (f) In the event of any conflict in terms between a Schedule and this Agreement, the terms of the Schedule shall control in the interpretation of the Lease created thereby. Section 3.05. Substitution. Lessee reserves the right to substitute Equipment of the same quantity and general type with the approximate equal value, utility and remaining useful life as the Equipment so replaced. Such Substitution is subject to Lessor's prior written -9- 4847- 2407 - 5298.1 consent, which consent shall not be unreasonably withheld, and shall be reflected in an amendment to the appropriate Schedule. ARTICLE IV Section 4.01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the Rental Payment Dates and in such amounts as provided in each Lease. If any Rental payment or other amount payable hereunder is not paid within 10 days of its due date, Lessee shall pay an administrative late charge of 5% of the amount not timely paid or the maximum amount permitted by law, whichever is less. Lessee shall not permit the federal government to guarantee any Rental Payments under any Lease. Rental Payments consist of principal and interest components as more fully detailed on the Schedule for each Lease, the interest on which begins to accrue as of the Commencement Date for each such Lease. Section 4.02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the balance of each Rental Payment is paid as, and represents payment of, principal. Each Lease shall set forth the principal and interest components of each Rental Payment payable thereunder during the applicable Lease Term. Section 4.03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each Lease shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained in this Agreement or in any Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee. THE RENTAL PAYMENTS ARE TO BE MADE ONLY FROM LESSEE'S LEGALLY AVAILABLE REVENUES APPROPRIATED ON AN ANNUAL BASIS, AND NETHER LESSEE, THE STATE NOR ANY POLITICAL SUBDIVISION OR AGENCY TTHEREOF SHALL BE OBLIGATED TO PAY ANY SUMS DUE UNDER A LEASE FORM THE COMPLLED LEVY OF AD VALOREM OR OTHER TAXES EXCEPT FROM THOSE LEGALLY AVAILABLE REVENUES APPROPRIATED BY LESSEE ON AN ANNUAL BASIS, AND NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POER OF LESSEE, THE STATE OR ANY POLITICIAL SUBDIVISION OR AGENCY THEREOF ARE PLEDGED FOR PAYMENT OF SUCH SUMS DUE UNDER A LEASE. Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in each Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set -off or defense, for any reason, including without limitation any failure of the Equipment, any defects, malfunctions, breakdowns or infirmities in the Equipment, disputes with the Vendor of any Equipment or Lessor, any accident, condemnation or unforeseen circumstances or failure of any Vendor to deliver any Equipment or otherwise perform any of its obligations. -10- 4847- 2407 - 5298.1 Section 4.05 Tax Covenants. Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in a timely manner, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes. In connection with the foregoing, Lessee hereby agrees that (a) so long as any Rental Payments under a Lease remain unpaid, moneys on deposit in the Escrow Fund under any Escrow Agreement related to such Lease shall not be used in a manner that will cause such Lease to be classified as an "arbitrage bond" within the meaning of Section 148(a) of the Code; and (b) Lessee shall rebate, from funds legally available for the purpose, an amount equal to excess earnings on the Escrow Fund under any Escrow Agreement to the federal government if required by, and in accordance with, Section 148(f) of the Code, and make the determinations and maintain the records required by the Code. Section 4.06 Event of Taxability. Upon the occurrence of an Event of Taxability with respect to a Lease, the interest component of Rental Payments under such Lease and any charge on Rental Payments or other amounts payable based on the Contract Rate shall have accrued and be payable at the Taxable Rate applicable to such Lease retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includible in the gross income of the owner or owners thereof for federal income tax purposes, and Lessee will pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate identified in the related Lease. For purposes of this Section, "Event of Taxability" means the circumstance of the interest component of any Rental Payment paid or payable pursuant to a Lease becoming includible for federal income tax purposes in an owner's gross income as a consequence of any act, omission or event whatsoever, including but not limited to the matters described in the immediately succeeding sentence, and regardless of whether the same was within or beyond the control of Lessee. An Event of Taxability shall be presumed to have occurred upon (a) the receipt by Lessor or Lessee of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency or other written correspondence which legally holds that the interest component of any Rental Payment under such Lease is includable in the gross income of the owner thereof, (b) the issuance of any public or private ruling of the Internal Revenue Service that the interest component of any Rental Payment under such Lease is includable in the gross income of the owner thereof, or (c) receipt by Lessor or Lessee of a written opinion of a nationally recognized firm of attorneys experienced in matters pertaining to the tax - exempt status of interest on obligations issued by states and their political subdivisions, selected by Lessor and acceptable to Lessee, to the effect that the interest component of any Rental Payment under a Lease has become includable in the gross income of the owner thereof for federal income tax purposes. For all purposes of this definition, an Event of Taxability shall be deemed to occur on the date as of which the interest component of any Rental Payment is deemed includable in the gross income of the owner thereof for federal income tax purposes. Section 4.07. Mandatory Prepayment. If Lease Proceeds are deposited into an Escrow Fund, any funds not applied to Equipment Costs and remaining in such Escrow Fund on the -11- 4847- 2407 - 5298.1 earlier of (a) the expiration of the applicable Acquisition Period and (b) the date on which Lessee delivers to the Escrow Agent the executed Disbursement Request to effect the final disbursement to pay (or reimburse) Equipment Costs from such Escrow Fund shall be applied by Lessor on each successive Rental Payment Date thereafter to pay all or a portion of the Rental Payment due and owing in the succeeding twelve (12) months and any remaining amounts shall be applied by Lessor as prepayment to the unpaid principal balance of Rental Payments owing under the related Lease in the inverse order of the Rental Payment Dates. ARTICLE V Section 5.01. Acquisition, Delivery Installation and Acceptance of Equipment. (a) With respect to each Lease, Lessee shall order the Equipment to be acquired and financed thereunder, cause the Equipment to be delivered and installed at the location specified in such Lease and pay any and all delivery and installation costs and other Equipment Costs in connection therewith. When the Equipment listed in a Lease has been delivered and installed, Lessee shall promptly accept such Equipment and evidence said acceptance by executing and delivering to Lessor a Final Acceptance Certificate in the form attached hereto as Exhibit E; provided, however, that if an Escrow Fund has been established with respect to such Lease as provided in Section 3.04 hereof, Lessee shall deliver Disbursement Requests to the Escrow Agent pursuant to the related Escrow Agreement for the purpose of effecting disbursements from the Escrow Fund to pay (or reimburse) Equipment Costs for the Equipment acquired and pursuant to such Lease. (b) Lessee shall deliver to Lessor, or to an Escrow Agent if an Escrow Fund has been established with respect to the related Lease, original invoices (and proof of payment of such invoices if Lessee seeks reimbursement for prior expenditures) and bills of sale (if title to such Equipment has passed to Lessee) relating to each item of Equipment accepted by Lessee. With respect to Equipment not purchased through an Escrow Fund, Lessor shall, upon receipt of the Final Acceptance Certificate from Lessee, prepare a Schedule of Property and Rental Payment Schedule in the forms attached hereto as Exhibits A and B, respectively. Lessee shall execute and deliver to Lessor such Schedule of Property and Rental Payment Schedule as a Schedule pursuant to Section 3.04(a)(i) within 5 business days of receipt, subject to satisfaction of the conditions set forth in Section 3.04. Section 5.02. Quiet Enjoyment of Equipment. So long as Lessee is not in default under the related Lease, neither Lessor nor any entity claiming by, through or under Lessor, shall interfere with Lessee's quiet use and enjoyment of the Equipment during the Lease Term under such Lease. Section 5.03. Location; Inspection. Once installed, no item of the Equipment will be moved or relocated from the location (or the base location with respect to motor vehicles) specified for it in the related Lease without Lessor's prior written consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property where the Equipment is located for the purpose of inspecting the Equipment. -12- 4847- 2407 - 5298.1 Section 5.04. Use and Maintenance of the Equipment. Lessee will not install, use, operate or maintain the Equipment (or cause the Equipment to be installed, used, operated or maintained) improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body, including without limitation, anti -money laundering laws and regulations; provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Equipment or its interest or rights under the related Lease. Lessee agrees that it will maintain, preserve and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee agrees to pay any costs necessary for the manufacturer to re- certify the Equipment as eligible for manufacturer's maintenance upon the return of the Equipment to Lessor as provided for herein. Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the Lease. ARTICLE VI Section 6.01. Title to the Equipment. During the Lease Term under each Lease, and so long as Lessee is not in default under Article XII hereof, all right, title and interest in and to each item of the Equipment under the related Lease shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions of the applicable Lease. Lessee shall at all times protect and defend, at its own cost and expense, its title in and to the Equipment from and against all claims, liens and legal processes of its creditors, and keep all Equipment free and clear of all such claims, liens and processes. Upon the occurrence of an Event of Default under a Lease or upon termination of a Lease pursuant to Section 3.03 hereof, unless Lessee has elected not to return the Equipment and to prepay all of is obligations under the related Lease pursuant to Section 10.01(a), full and unencumbered legal title to the Equipment shall, be conveyed by Lessee to Lessor within 10 days of such occurrence or termination and upon such conveyance, Lessee shall have no further interest therein (except to the extent provided in Section 12.02(b) and Section 12.04). In addition, upon the occurrence of such an Event of Default or such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the conveyance of such legal title to Lessor and the termination of Lessee's interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 3.03 or 12.02, as applicable. Upon payment of all amounts due and owing under a Lease in accordance with Section 10.01 (including upon -13- 4847- 2407 - 5298.1 payment of all Rental Payments and other amounts payable under such Lease), Lessor's rights relating to the Equipment under such Lease shall terminate. Section 602. Lessor's Interest in the Equipment. Lessor shall only have the remedies described in Section 12.02 and shall not have a general foreclosure right that entitles Lessor to a deficiency judgment or to retain Lessee's equity in the Equipment, if any. Section 6.03. Personal Property; No Encumbrances. Lessee agrees that the Equipment is deemed to be and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Lessee shall not create, incur, assume or permit to exist any pledge, lien, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment under a Lease is or will be located or enter into any agreement to sell or assign or enter into any sale /leaseback arrangement of such real estate without the prior written consent of Lessor; provided, that if Lessor is furnished with a waiver of interest in the Equipment under such Lease acceptable to Lessor in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld. ARTICLE VII Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment under each Lease free of all levies, liens, and encumbrances except those created by such Lease. The parties to this Agreement contemplate that the Equipment under each Lease will be used for a governmental or proprietary purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the Lease Term under the affected Lease. During the Lease Term under each Lease, Lessor will not claim ownership of the Equipment thereunder for the purposes of any tax credits, benefits or deductions with respect to such Equipment. In the event that the installation of any component of any item of Equipment could be deemed to require a payment and performance bond under Section 255.05, Florida Statutes, or be deemed subject to the mechanic's lien provision of Chapter 713, Florida Statutes, or any successor statute to each, as they may be amended from time to time, Lessee shall require such bonds, post such notices and do all other things provided for under such laws in order to the Equipment free of and exempt from all liens. Section 7.02. Insurance. Lessee shall, during the Lease Term under each Lease, maintain or cause to be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal to the greater of (i) the then applicable Prepayment Price -14- 4847- 2407 - 5298.1 under such Lease or (ii) the replacement cost of the Equipment under such Lease; (b) liability insurance naming Lessor and its assigns as additional insured that protects Lessor from liability with limits of at least $5,000,000 for bodily injury and property damage coverage, or such other minimum coverage amount as may be agreed upon between Lessor and Lessee in connection with the execution and delivery of a Lease, in all events under clauses (a) and (b) issued in form and amount satisfactory to Lessor and by an insurance company that is authorized to do business in the State and having a financial strength rating by A.M. Best Company of "A -" or better; and (c) worker's compensation coverage as required by the laws of the State. Notwithstanding the foregoing, Lessee may self - insure against the risks described in clauses (a) and /or (b) through a government pooling arrangement, self - funded loss reserves, risk retention program or other self - insurance program, in each case with Lessor's prior written consent (which Lessor may grant, withhold or deny in its sole discretion) and provided that Lessee has delivered to Lessor such information as Lessor may request with respect to the adequacy of such self - insurance to cover the risks proposed to be self - insured and otherwise in form and substance acceptable to Lessor. In the event Lessee is permitted, at Lessor's sole discretion, to self - insure as provided in this Section, Lessee shall provide to Lessor a self - insurance letter in substantially the form attached hereto as Exhibit F. Lessee shall furnish to Lessor evidence of such insurance or self - insurance coverage throughout the Lease Term under each Lease. Lessee shall not cancel or modify such insurance or self - insurance coverage in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation or modification. Section 7.03. Risk of Loss. Whether or not covered by insurance or self - insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment under any Lease from any cause whatsoever, and no such loss of or damage to or liability arising from the Equipment under any Lease shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under any Lease. Whether or not covered by insurance or self - insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of (a) entering into of this Agreement or any Lease or any of the transactions contemplated hereby or thereby, (b) the ordering, acquisition, ownership, use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item of the Equipment under any Lease, (c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment under any Lease resulting in damage to property or injury to or death to any person, and /or (d) the breach of any covenant of Lessee under or in connection with this Agreement or any Lease or any material misrepresentation provided by Lessee under or in connection with this Agreement or any Lease. The provisions of this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under any or all Leases or the termination of the Lease Term under any or all Leases for any reason. Section 7.04. Advances. In the event Lessee shall fail to keep the Equipment in good repair and working order or shall fail to maintain any insurance required by Section 7.02 hereof, -15- 4847- 2407 - 5298.1 Lessor may, but shall be under no obligation to, maintain and repair the Equipment or obtain and maintain any such insurance coverages, as the case may be, and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term under the affected Lease, and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate (or the Taxable Rate if then in effect) plus 5% per annum or the maximum amount permitted by law, whichever is less. ARTICLE VIII Section 8.01. Damage, Destruction and Condemnation. If, prior to the termination of the Lease Term under the related Lease, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, (i) Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment or such part thereof and any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee or (ii) Lessee shall exercise its option to prepay the obligations under the affected Lease in accordance with Section 10.01(b). If Lessee elects to replace any item of the Equipment (the "Replaced Equipment ") pursuant to this Section, the replacement equipment (the "Replacement Equipment ") shall be of new or of a quality type, utility and condition at least as good as the Replaced Equipment and shall be of equal or greater value than the Replaced Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute "Equipment" for purposes of this Agreement and the related Lease. Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment Date after the occurrence of a casualty event, or be required to exercise its option to prepay the obligations under the related Lease with respect to the damaged equipment in accordance with Section 10.01(b). For purposes of this Article, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. Section 8.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay or cause to be paid to Lessor the amount of the then applicable Prepayment Price under the -16- 4847- 2407 - 5298.1 related Lease, and, upon such payment, the applicable Lease Term shall terminate and Lessor's rights in the Equipment shall terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after paying such Prepayment Price shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV. ARTICLE IX Section 9.01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of any of the Equipment, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee's acquisition of the Equipment under each Lease shall be on an "as is" basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, any Lease, any Equipment or the existence, furnishing, functioning or Lessee's use of any item, product or service provided for in this Agreement or any Lease. Section 9.02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent and attorney -in -fact during the Lease Term under each Lease, so long as Lessee shall not be in default under such Lease, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against a Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the applicable Vendors of the Equipment and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor with respect to any Lease, including the right to receive full and timely Rental Payments and other payments under each Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties relating to the Equipment. ARTICLE X Section 10.01. Prepayment Option. Lessee shall have the option to prepay all, but not less than all, its obligations under a Lease, at the following times and upon the following terms: (a) From and after the date specified (if any) in the applicable Schedule (the "Prepayment Option Commencement Date"), on the Rental Payment Dates specified in the related Payment Schedule, upon not less than 30 days' prior written notice, and upon payment in full of the Rental Payments then due and all other amounts then owing under the related Lease plus the then applicable Prepayment Price, which may include a prepayment premium on the unpaid balance as set forth in such Payment Schedule; or (b) In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's -17- 4847- 2407 - 5298.1 notice to Lessor of its exercise of the prepayment option (which shall be the earlier of the next Rental Payment Date or 60 days after the casualty event) upon payment in full to Lessor of the sum of (i) any Rental Payment then due under such Lease plus (ii) the then applicable Outstanding Balance plus (iii) all other amounts then owing hereunder or in the event such prepayment occurs on a date other than a Rental Payment date, the sum of (x) the Outstanding Balance relating to the Rental Payment immediately prior to the date of such prepayment plus (y) accrued interest on the Outstanding Balance relating to the Rental Payment immediately prior to the date of such prepayment plus (z) all other amounts then owing hereunder; or (c) Upon the expiration of the Lease Term under a Lease, upon payment in full of all Rental Payments then due and all other amounts then owing under such Lease to Lessor. After payment of the applicable Prepayment Price and all other amounts owing under a Lease, Lessor's rights relating to the Equipment under such Lease will be terminated. ARTICLE XI Section IL 01. Assignment by Lessor. (a) Lessor's right, title and interest in and to Rental Payments and any other amounts payable by Lessee under any and all of the Leases and the Escrow Agreement relating to any Lease, and all proceeds therefrom, may be assigned and reassigned by Lessor at any time, in whole or in part, to one or more assignees or subassignees without the necessity of obtaining the consent of Lessee; provided, that any such assignment, transfer or conveyance (i) shall be made only to investors each of whom Lessor reasonably believes is a "qualified institutional buyer" as defined in Rule 144A(a)(1) promulgated under the Securities Act of 1933, as amended, or an "accredited investor" as defined in Section 501(a)(1), (2), (3) or (7) of Regulation D promulgated under the Securities Act of 1933, as amended, and in either case is purchasing a Lease (or any interest therein) for its own account with no present intention to resell or distribute such Lease (or interest therein), subject to each investor's right at any time to dispose of the related Lease or any interest therein as it determines to be in its best interests, (ii) shall not result in more than 35 owners of Lessor's rights and interests under a Lease or the creation of any interest in a Lease in an aggregate principal component that is less than the lesser of $100,000 or the then aggregate unpaid principal component of such Lease and (iii) shall not require Lessee to make Rental Payments, send notices or otherwise deal with respect to matters arising under a Lease with or to more than one Lease Servicer (as such term is defined below), and any trust agreement, participation agreement or custodial agreement under which multiple ownership interests in a Lease are created shall provide the method by which the owners of such interests shall establish the rights and duties of a single entity, trustee, owner, servicer or other fiduciary or agent acting on behalf of all of the assignees (herein referred to as the `Lease Servicer ") to act on their behalf with respect to the rights and interests of Lessor under the related Lease and Escrow Agreement, including with respect to the exercise of rights and remedies of Lessor on behalf of such owners upon the occurrence of an Event of Default or an Event of Non - appropriation under the related Lease. Lessor and Lessee hereby acknowledge and agree that the restrictions and limitations on transfer as provided in this Section 11.01 shall -18- 4847- 2407 - 5298.1 apply to the first and subsequent assignees and sub - assignees of any of Lessor's right, title and interest in, to and under a Lease (or any interest therein). (b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section 11.01 shall be effective as against Lessee until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee; provided, that if such assignment is made to a bank or trust company as trustee or paying agent for owners of certificates of participation, participation interests, trust certificates or partnership interests with respect to the Rental Payments payable under a Lease, it shall thereafter be sufficient that Lessee receives notice of the name and address of the bank, trust company or other entity that acts as the Lease Servicer for such Lease. Notices of assignment provided pursuant to this Section 11.01(b) shall contain a confirmation of compliance with the transfer requirements imposed by Section 11.01(a) hereof. During the Lease Term under each Lease, Lessee shall keep, or cause to be kept, a complete and accurate record of all such assignments in form necessary to comply with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees or Lease Servicer last designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or a Vendor. Assignments in part may include, without limitation, assignment of all of Lessor's rights to the Equipment listed in a particular Lease, all rights in, to and under the Lease related to such Equipment and all rights in, to and under the Escrow Agreement. The option granted in this Section may be separately exercised from time to time with respect to the Equipment listed in each Lease, but such option does not permit the assignment of less than all of Lessor's interests in the Equipment listed in a single Lease. (c) If Lessor notifies Lessee of its intent to assign a Lease, Lessee agrees that it shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment with respect to such Lease, substantially in the form of Exhibit attached to this Agreement, within five (5) business days after its receipt of such request. Section IL 02. Assignment and Subleasing by Lessee. None of Lessee's right, title and interest in, to and under any Lease or any portion of the Equipment, any Escrow Agreement or the Escrow Fund relating thereto may be assigned, encumbered or subleased by Lessee for any reason, and any purported assignment, encumbrance or sublease without Lessor's prior written consent shall be null and void. ARTICLE XII Section 12.01. Events of Default Defined. Any of the following events shall constitute an "Event of Default" under a Lease: (a) Failure by Lessee to (i) pay any Rental Payment or other payment required to be paid under any Lease within 10 days of the date when due as specified therein or (ii) maintain insurance as required under such Lease (including Section 7.02 incorporated therein); -19- 4847- 2407 - 5298.1 (b) Failure by Lessee to observe and perform any covenant, condition or agreement contained in this Agreement or such Lease on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to any Lease or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor, if such default (i) arises under any other agreement for borrowing money, lease financing of property or provision of credit provided by Lessor or any affiliate of Lessor (including, without limitation, the occurrence of any event of default under any other Lease), or (ii) arises under any obligation under which there is outstanding, owing or committed an aggregate amount in excess of $100,000; (e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, or (iv) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator for Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days. Section 12.02. Remedies on Default. Whenever any Event of Default exists under a Lease, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the then current Original Term or Renewal Term to be due; -20- 4847- 2407 - 5298.1 (b) With or without terminating the Lease Term under such Lease, Lessor may request that Lessee at Lessee's expense promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify. In such event, Lessor shall use its best efforts to sell or lease such Equipment or, for the account of Lessee, sublease such Equipment. If Lessee returns the Equipment and Lessor sells, leases or otherwise disposes of any or all of the Equipment, Lessor shall apply the proceeds of such sale, lease or other disposition as described in Section 12.04. Lessee shall not be liable for any deficiency after sale, lease or other disposition of the Equipment. If Lessee elects not to return the Equipment, Lessor is entitled to payment of unpaid Rental Payments through the date of Lessor's request to return the Equipment plus the then applicable Prepayment Price, as set forth in the applicable Schedule for such Equipment. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities under any other Lease or the Equipment listed therein; (c) Lessor may terminate the Escrow Agreement relating to such Lease and apply any proceeds in the Escrow Fund thereunder to the Rental Payments due under such Lease; and (d) Subject to the next sentence, Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under such Lease or the Escrow Agreement. The parties to this Agreement acknowledge that: (i) this Agreement is not intended to create a mortgage of or a security interest in the Equipment as proscribed by Nohrr v. Brevard County Educational Facilities Authority, 247 So. 2d 304 (Fla. 1971), and (ii) Lessor may not exercise any foreclosure -type remedies if an Event of Default occurs, State v. Brevard County, 539 So. 2d 461 (Fla. 1989), notwithstanding any provisions to the contrary in this Agreement. .Section 12.03.No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under a Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice other than such notice as may be required in this Article. -21- 4847- 2407 - 5298.1 Section 12.04. Application of Moneys. Any net proceeds from the exercise of any remedy under this Agreement, including the application specified in Section 12.02(b)(ii) (after deducting all expenses of Lessor in exercising such remedies including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing Equipment and all brokerage, auctioneer's or attorney's fees), shall be applied as follows: (a) If such remedy is exercised solely with respect to a single Lease, Equipment listed in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts related to such Lease or such Equipment. (b) If such remedy is exercised with respect to more than one Lease, Equipment listed in more than one Lease or rights under more than one Lease, then to amounts due pursuant to such Leases pro rata. ARTICLE XIII Section 13.01. Notices. All notices, certificates or other communications under any Lease shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as it appears on the registration books maintained by Lessee. Section 13.02. Binding Effect. Each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Section 13.03. Severability. In the event any provision of any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof. Section 13.04. Amendments, Changes and Modifications. This Agreement and each Lease may only be amended by Lessor and Lessee in writing. Section 13.05. Execution in Counterparts. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument, provided that only Counterpart No. 1 of each Lease (including the terms and provisions of this Agreement incorporated therein by reference) shall constitute chattel paper for purposes of the applicable Uniform Commercial Code. Section 13.06 Applicable Law. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. -22- 4847- 2407 - 5298.1 Section 13.07. Captions. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] -23- 4847- 2407 - 5298.1 IN WITNESS WHEREOF, Lessor and Lessee have caused this Master Equipment Lease/Purchase Agreement to be executed in their names by their duly authorized representatives as of the date first above written. LESSOR: Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Attention: Contract Administration Fax No.: (415) 765 -7373 0 Name: Title: LESSEE Attention: Fax No.: By: Name: Title: Signature Page to Master Equipment Lease /Purchase Agreement 4847 - 2407 - 5298.1 LIST of ExHiBITS Exhibit A Form of Schedule of Property Exhibit B Form of Rental Payment Schedule Exhibit C -1 Form of Incumbency and Authorization Certificate Exhibit C -2 Form of Authorizing Resolution Exhibit D Form of Opinion of Lessee's Counsel Exhibit E Form of Final Acceptance Certificate Exhibit F Exhibit G Exhibit H Exhibit I 4847 - 2407 - 5298.1 Form of Self- Insurance Certificate Form of Bank Qualification Designation Form of Notice and Acknowledgement of Assignment Form of Escrow Fund and Account Control Agreement EXHIBIT A FORM OF SCHEDULE OF PROPERTY NO. Re: Master Equipment Lease/Purchase Agreement, dated as of , between Banc of America Public Capital Corp, as Lessor, and , as Lessee 1. Defined Terms. All terms used herein have the meanings ascribed to them in the above - referenced Master Equipment Lease/Purchase Agreement (the Agreement "). 2. Equipment. For purposes of the Lease created hereby, the following items of Equipment are hereby included under this Schedule together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto as provided in the Agreement. QUANTITY DESCRIPTION SERIAL No. 3. Payment Schedule. MODEL No. LOCATION (a) Rental Payments; Commencement Date. The Rental Payments shall be in such amounts and payable on such Rental Payment Dates as set forth in the Rental Payment Schedule attached to this Schedule as ExhibitB and incorporated herein by this reference, subject to adjustment upon the occurrence of an Event of Taxability as provided in Section 4.06 of the Agreement. Lessee's obligation to pay Rental Payments under the Lease created hereby shall commence on the earlier of (i) the date on which the Equipment listed in this Schedule is accepted by Lessee in the manner described in Section 5.01 of the Agreement, as evidenced by the Final Acceptance Certificate executed by Lessee and substantially in the form of ExhibitE attached to the Agreement, and (ii) the date on which sufficient moneys to acquire and install the Equipment listed in this Schedule are deposited for that purpose with an Escrow Agent pursuant to Section 3.04(c) of the Agreement (the earlier of such two dates being herein referred to as the "Commencement Date "). (b) Prepayment Price Schedule. The Prepayment Price on each Rental Payment Date shall be the amount set forth for such Rental Payment Date in the "Prepayment Price" column of the Rental Payment Schedule attached to this Schedule. The Prepayment Price is in addition to all Rental Payments then due under this Schedule (including the Rental Payment shown on the same line in the Rental Payment Schedule). A -1 4847 - 2407 - 5298.1 4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement (particularly Section 2.01 thereof) are true and correct as though made on the Commencement Date. Lessee further represents and warrants that (a) no Material Adverse Change has occurred since the dated date of the Agreement; (b) no Event of Default has occurred and is continuing under any Lease currently in effect; (c) no Event of Non - appropriation under any Lease currently in effect is threatened; (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non - appropriation; (e) the governing body of Lessee has authorized the execution and delivery of the Agreement and the Leases pursuant to [Resolution No. ] [Ordinance No. ], approved on , 20; (f) the Equipment listed in this Schedule is essential to the functions of Lessee or to the services Lessee provides its citizens; (g) Lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (h) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period. 5. The Lease. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. [OPTION: IF ESCROW AGREEMENT IS USED: 6. Lease Proceeds. The Lease Proceeds that Lessor shall pay to the Escrow Agent in connection with this Schedule is $ , which $ is for deposit into the Escrow Fund. It is expected that by [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule No. , Lessee will have taken possession of all items of Equipment shown above and that the Lessee's final Disbursement Request pursuant to the Escrow Agreement will be signed by Lessee, approved by Lessor and delivered to the Escrow Agent on or before [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule. OR IF VENDOR PAID DIRECTLY USE: 6. Acquisition Amount. The Acquisition Amount for the Equipment listed in this Schedule to be paid to the Vendor (or reimbursed to Lessee) is $ .] [OPTION: IF ESCROW AGREEMENT IS USED: 7. Acquisition Period. The Acquisition Period applicable to this Schedule shall end at the conclusion of the month following the date hereof ] [7] [8]. Lease Perm. The Lease Term shall consist of the Original Term and consecutive Renewal Terms, with the final Renewal Term ending on subj ect to earlier termination pursuant to the Agreement. A -2 4847 - 2407 - 5298.1 [8] [9]. Prepayment Option Commencement Date. For purposes of Section 10.01 of the Agreement, the Prepayment Option Commencement Date is [9][10]. Contract Rate; Taxable Rate. The Contract Rate for this Schedule is % per annum. The Taxable Rate for this Schedule is % per annum. [OPTION: IF MOTOR VEHICLES ARE BEING FINANCED: [10][11]. Registration. Any Equipment that is a motor vehicle is to be registered and titled in the name of Lessee as registered owner. Lessee shall be responsible for the correct titling of all Equipment leased hereunder. Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor's files throughout the Lease Term of the Lease created hereby. [OPTION: IF EQUIPMENT BEING FINANCED MAY CONSTITUTE FIXTURES: [11][12]. Lessee hereby represents and warrants for the benefit of Lessor that Lessee is the fee owner of the real estate where the Equipment is and will be located and has good and marketable title thereto, and there exists no pledge, lien, charge or other encumbrance of any nature whatsoever on or with respect to such real estate. Dated: LESSOR: Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Attention: Contract Administration IM Name: Title: LESSEE Attention: By: Name: Title: Counterpart No. of manually executed and serially numbered counterparts. To the extent that the Lease created hereby constitutes chattel paper (as defined in the applicable Uniform Commercial Code), no security or ownership interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1. A -3 4847 - 2407 - 5298.1 EXtilBIT B FORM OF RENTAL PAYMENT SCHEDULE RENTAL RENTAL PAYMENT PAYMENT INTEREST PRINCIPAL OUTSTANDING DATE AMOUNT PORTION PORTION BALANCE B -1 4847 - 2407 - 5298.1 PREPAYMENT PRICE [including prepayment premium] EXHIBIT C -1 FORM OF INCUMBENCY AND AUTHORIZATION CERTIFICATE The undersigned, a duly elected or appointed and acting [Secretary] [City Clerk] [County Clerk] of as follows: ( "Lessee ") certifies A. The following listed persons are duly elected or appointed and acting officials of Lessee (the "Officials ") in the capacity set forth opposite their respective names below and that the facsimile signatures are true and correct as of the date hereof, and B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Master Equipment Lease/Purchase Agreement dated as of (the Agreement ") and separate Schedules relating thereto from time to time as provided in the Agreement (collectively, the "Schedules "), each between Lessee and Banc of America Public Capital Corp ( "Lessor "), the Escrow Fund and Account Control Agreement dated as of among Lessor, Lessee and as Escrow Agent, and all documents related thereto and delivered in connection therewith (collectively, the "Operative Agreements"), and the Operative Agreements are binding and authorized agreements of Lessee, enforceable in all respects in accordance with their terms. Dated: NAME OF OFFICIAL TITLE SIGNATURE LM Name: Title: (The signer of this Certificate cannot be listed above as authorized to execute the Operative Agreements.) C -1 -1 4847 - 2407 - 5298.1 EXHIBIT C -2 FORM OF AUTHORIZING RESOLUTION A RESOLUTION OF THE GOVERNING BODY OF AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP, AS LESSOR, AND SEPARATE SCHEDULES THERETO FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. WHEREAS, (the "Lessee"), a [city] [county] [school district] [special district] [body corporate and politic] duly organized and existing under the laws of the State /Commonwealth of , is authorized by the laws of the State /Commonwealth of to purchase, acquire and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the governing body of the Lessee (the `Board ") has determined that a need exists for the acquisition, purchase and financing of certain property consisting of [insert general description, such as public works equipment, office equipment, public safety vehicles, communications] (collectively, the "Equipment ") on the terms herein provided; and WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that certain Master Equipment Lease/Purchase Agreement (the Agreement ") with Banc of America Public Capital Corp (or one of its affiliates), as lessor (the `Lessor "), substantially in the proposed form presented to the Board at this meeting, and separate Schedules thereto substantially in the form attached to the Agreement; and WHEREAS, the Board deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and separate Schedules relating thereto from time to time as provided in the Agreement for the purchase, acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; Now, THEREFORE, BE IT AND IT Is HEREBY RESOLVED by the governing body of the Lessee as follows: C -2 -1 4847 - 2407 - 5298.1 Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Agreement (including the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto), in the form presented to the Board at this meeting, are in the best interests of the Lessee for the acquisition, purchase, financing and leasing of the Equipment. Section 2. Approval of Documents. The form, terms and provisions of the Agreement (including the form of Schedule of Property and the form of Rental Payment Schedule, both attached thereto) are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by [insert title of officials] of the Lessee (the "Authorized Officials ") executing the same, the execution of such documents being conclusive evidence of such approval. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Agreement, each Schedule thereto under which a separate Lease (as defined in the Agreement) is created, each Rental Payment Schedule attached thereto and any related exhibits attached thereto if and when required; provided, however, that, without further authorization from the governing body of the Lessee, (a) the aggregate principal component of Rental Payments under all Leases entered into pursuant to the Agreement shall not exceed $ ; (b) the maximum term under any Lease entered into pursuant to the Agreement shall not exceed [seven] years; and (c) the maximum interest rate used to determine the interest component of Rental Payments under each Lease shall not exceed the lesser of the maximum rate permitted by law or [ten percent (10 %)] per annum. The Authorized Officials may sign and deliver Leases to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component, maximum term and maximum interest rate provided above. The foregoing authorization shall remain in effect for a period of [two] years from the date hereof during which the Authorized Officials are authorized to sign and deliver Leases pursuant to the Agreement on the terms and conditions herein provided and to be provided in each such Lease. Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Final Acceptance Certificates, Escrow Agreements and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement and each Lease. Section 4. No General Liability. Nothing contained in this Resolution, the Agreement, any Lease, any Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, any Lease, any Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under each Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. C -2 -2 4847 - 2407 - 5298.1 Section S. Appointment of Authorized Lessee Representatives. The and of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of each Lease and the related Escrow Agreement until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Agreement and any Lease or Escrow Agreement. Section 6 Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. The undersigned, a duly elected or appointed and acting [Secretary] [City Clerk] [County Clerk] of the Lessee identified in the above Resolution No. (the "Resolution"), hereby certifies that the Resolution is a full, true and correct copy of such Resolution as adopted by the governing body of the Lessee on , 20. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the governing body of the Lessee since the date of adoption of the Resolution. DATED this day of , 20 Name: Title: C -2 -3 4847 - 2407 - 5298.1 EXHIBIT D FORM OF OPINION OF LESSEE'S COUNSEL (to be typed on letterhead of counsel) Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Re: Schedule of Property No. , dated to Master Equipment Lease/Purchase Agreement, dated as of , between Banc of America Public Capital Corp, as Lessor, and , as Lessee Ladies and Gentlemen: As legal counsel to ("Lessee"), I have examined (a) an executed counterpart of that certain Master Equipment Lease/Purchase Agreement, dated as of (the Agreement ") and Exhibits thereto, between Banc of America Public Capital Corp, as lessor ( Lessor "), and Lessee; (b) an executed counterpart of Schedule of Property No. , dated , between Lessor and Lessee, which incorporates by reference the terms and provisions of the Agreement (such Schedule together with such incorporated terms and provisions are herein referred to collectively as the "Original Schedule "), has attached the Rental Payment Schedule with respect thereto (the "Original Rental Payment Schedule ") executed by Lessee, and provides for the lease of certain property listed in the Original Schedule (the `Equipment "); (c) an executed counterpart of that certain Escrow Fund and Account Control Agreement dated as of (the "Escrow Agreement "), among Lessor, Lessee and , as Escrow Agent; (d) a certified copy of the ordinances or resolutions of the governing body of Lessee which, among other things, authorize Lessee to execute the Agreement, the Original Schedule, the Original Rental Payment Schedule, the Escrow Agreement and all additional Schedules of Property and related rental payment schedules to be entered into pursuant to the Agreement (each of which is herein referred to as an "Additional Schedule ") and to be executed and delivered by the same authorized officers on behalf of Lessee in substantially the same manner and in substantially the same form as the Original Schedule; and (e) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. The Original Schedule, including the terms and provisions of the Agreement incorporated therein by reference, and the related Original Rental Payment Schedule are herein collectively referred to as the Lease. " Any Additional Schedule, which incorporates by reference the terms and conditions of the Agreement, and the related rental payment schedule are herein collectively referred to as an "Additional Lease. " Based on the foregoing, I am of the following opinions: 1. Lessee is a [city] [county] [school district] [special district] [body corporate and politic] duly organized and existing under the laws of the State, and [has a D -1 4847 - 2407 - 5298.1 substantial amount of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power] [is a political subdivision of a state within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code ") and the obligations of Lessee under the Lease constitute, and under each Additional Lease will constitute, an obligation of Lessee within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code]. 2. Lessee has the requisite power and authority to lease, purchase and acquire the Equipment and to execute and deliver the Lease, the Escrow Agreement and each Additional Lease and to perform its obligations under the Lease, the Escrow Agreement and each Additional Lease. 3. The Lease, the Escrow Agreement and each Additional Lease have been duly authorized and approved and have been or, with respect to each Additional Lease, will be, duly executed and delivered by and on behalf of Lessee. Assuming due authorization, execution and delivery thereof by Lessor, each of the Lease and the Escrow Agreement constitutes, and each Additional Lease will constitute, the legal, valid and binding obligation of Lessee, enforceable against Lessee in accordance with their respective terms, except to the extent limited by State and federal law affecting creditor's remedies and by bankruptcy, reorganization, moratorium or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval, execution and delivery of the Lease, the Escrow Agreement and the Additional Leases and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws. 5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Agreement, the Lease, the Escrow Agreement or any Additional Lease or the rights of Lessor or its assigns, as the case may be, in the Equipment under the Lease or any Additional Lease or other collateral thereunder. [6. The portion of rentals designated as and constituting interest paid by Lessee and received by Lessor is excluded from Lessor's gross income for federal income tax purposes under Section 103 of the Code and is exempt from State of personal income taxes; and such interest is not a specific item of tax preference or other collateral for purposes of the federal individual or corporate alternative minimum taxes.] D -2 4847 - 2407 - 5298.1 All capitalized terms herein shall have the same meanings as in the Agreement, the Lease or the Escrow Agreement, unless otherwise provided herein. Lessor and its successors and assigns with respect to any Lease or Additional Lease, and any counsel rendering an opinion on the tax - exempt status of the interest components of the Rental Payments under the Lease or any Additional Lease, are entitled to rely on this opinion. Printed Name: Firm: Address: Telephone No.: Signature: Dated: D -3 4847 - 2407 - 5298.1 EXHIBIT E FORM OF FINAL ACCEPTANCE CERTIFICATE Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Re: Schedule of Property No. , dated to Master Equipment Lease/Purchase Agreement, dated as of , between Banc of America Public Capital Corp, as Lessor, and _ as Lessee Ladies and Gentlemen: In accordance with the Master Equipment Lease/Purchase Agreement described above (the Agreement "), the undersigned Lessee hereby certifies and represents to, and agrees with, Lessor as follows: 1. All of the Equipment listed in the above - referenced Schedule of Property (the "Schedule ") has been delivered, installed and accepted on the date hereof. 2. Lessee has conducted such inspection and /or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement. 4. Lessee hereby reaffirms that the representations, warranties and covenants contained in the Agreement and incorporated into the Schedule by reference are true and correct as of the date hereof. 5. (a) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default exists at the date hereof under any Lease currently in effect; (b) no Material Adverse Change has occurred since the dated date of the Agreement; (c) no Event of Non - appropriation under any Lease currently in effect has been threatened; and (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non - appropriation. E -1 4847 - 2407 - 5298.1 Capitalized terms used, but not defined, in this Final Acceptance Certificate shall have the same meanings as when such terms are used in the Agreement. Date: LESSEE: Name: Title: E -2 4847 - 2407 - 5298.1 EXHIBIT F FORM OF SELF- INSURANCE CERTIFICATE Banc of America Public Capital Corp 555 California Street, 4th Floor San Francisco, California 94104 Re: Schedule of Property No. , dated , to Master Equipment Lease/Purchase Agreement, dated as of , between Banc of America Public Capital Corp, as Lessor, and , as Lessee In connection with the above - referenced Schedule of Property (the "Schedule "), (the "Lessee ") hereby warrants and represents to Banc of America Public Capital Corp the following information. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the Agreement incorporated in the Schedule by reference. 1. The Lessee is self - insured for damage or destruction to the Equipment listed in the Schedule (herein, the "Equipment "). The dollar amount limit for property damage to the Equipment under such self - insurance program is $ . [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self - insurance limits for property damage to the Equipment which policy has a dollar limit for property damage to the Equipment under such policy of $ .] 2. The Lessee is self - insured for liability for injury or death of any person or damage or loss of property arising out of or relating to the condition or operation of the Equipment. The dollar limit for such liability claims under the Lessee's self - insurance program is $ . [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self - insurance limits for liability which policy has a dollar limit for liabilities for injury and death to persons as well as damage or loss of property arising out of or relating to the condition or operation of the Equipment in the amount of $ [3]. The Lessee maintains a self - insurance fund. Monies in the self - insurance fund [are /are not] subject to annual appropriation. The total amount maintained in the self - insurance fund to cover Lessee's self - insurance liabilities is $ . [Amounts paid from the Lessee's self - insurance fund are subject to a dollar per claim of $ .] F -1 4847 - 2407 - 5298.1 [3]. The Lessee does not maintain a self - insurance fund. The Lessee obtains funds to pay claims for which it has self - insured from the following sources: Amounts payable for claims from the such sources are limited as follows: 4. Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee. LESSEE: Name: Title: F -2 4847 - 2407 - 5298.1 EXHIBIT G FORM OF BANK QUALIFICATION DESIGNATION The undersigned, a duly authorized official of (the "Lessee") certifies in connection with Schedule of Property No. , dated , which incorporates by reference the terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of (such Schedule of Property and incorporated terms and provisions are herein referred to as the "Lease"), each between Banc of America Public Capital Corp and Lessee, as follows: 1. The obligations evidenced by the Lease are not "private activity bonds" as defined in Section 141 of the Internal Revenue Code of 1986, as amended (the "Code "); 2. The Lessee hereby designates the principal components of the Rental Payments payable under the Lease as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; 3. The reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the Lessee (and all entities treated as one issuer with the Lessee, and all subordinate entities whose obligations are treated as issued by the Lessee) during the current calendar year will not exceed $10,000,000; and 4. Not more than $10,000,000 of obligations issued by the Lessee during the current calendar year have been designated for purposes of Section 265(b)(3) of the Code. DATE: LESSEE: Name: Title: G -1 4847 - 2407 - 5298.1 EXHIBIT H FORM OF NOTICE AND ACKNOWLEDGEMENT OF ASSIGNMENT Dated BANC OF AMERICA PUBLIC CAPITAL CORP ( Assignor ") hereby gives notice that, as of , 20, it has assigned and sold to ( Assignee ") all of Assignor's right, title and interest in, to and under Schedule of Property No. , dated (including the Rental Payment Schedule attached thereto, the "Schedule "), which incorporates by reference the terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of (the Agreement "), each between Assignor and ("Lessee"), together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith, the Rental Payments and other amounts due under the Lease (as such term is hereinafter defined), all of Assignor's right, title and interest in the Equipment listed in the Schedule and all of Assignor's right, title and interest in, to and under the Escrow Fund and Account Control Agreement dated as of , 20 (the "Escrow Agreement "), among Lessee, Assignor and Deutsche Bank Trust Company Americas, as Escrow Agent, together with the Escrow Fund related thereto (collectively, the "Assigned Property"). For purposes of this Notice and Acknowledgment of Assignment (the "Acknowledgment "), "Lease" means collectively the Schedule and the terms and provisions of the Agreement incorporated therein by reference, together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith. The term "Lease" specifically excludes all other Schedules of Property entered into under the Agreement and rental payments other than with respect to the Schedule. Each capitalized term used but not defined herein has the meaning set forth in the Agreement. 1. Lessee hereby acknowledges the effect of the assignment of the Assigned Property and absolutely and unconditionally agrees to deliver to Assignee all Rental Payments and other amounts coming due under the Lease in accordance with the terms thereof on and after the date of this Acknowledgment. 2. Lessee hereby agrees that: (i) Assignee shall have all the rights of Lessor under the Lease and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the Equipment in accordance with the terms of the Lease, to declare a default and to exercise all rights and remedies thereunder in connection with the occurrence of an Event of Non - appropriation or an Event of Default; and (ii) except as provided in Section 3.03 of the Agreement, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in the Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set -off or defense. H -1 4847 - 2407 - 5298.1 3. Lessee agrees that, as of the date of this Acknowledgment, the following information about the Lease is true, accurate and complete: Number of Rental Payments Remaining Amount of Each Rental Payment Total Amount of Rents Remaining Frequency of Rental Payments Next Rental Payment Due Funds Remaining in Escrow Fund 4. The Lease remains in full force and effect, has not been amended and no event of default (or event which with the passage of time or the giving of notice or both would constitute a default) or threatened non - appropriation has occurred thereunder. 5. Assignor hereby acknowledges the transfer restrictions imposed by Section 11.01 of the Agreement and confirms that the assignment to Assignee has been made in accordance with the provisions of that Section. 6. Any inquiries of Lessee related to the Lease and any requests for disbursements from the Escrow Fund, if applicable, and all Rental Payments and other amounts coming due pursuant to the Lease on and after the date of this Acknowledgment should be remitted to Assignee at the following address (or such other address as provided to Lessee in writing from time to time by Assignee): ACKNOWLEDGED AND AGREED: LESSEE: [FOR EXHIBIT PURPOSES ONLY] IM Name: Title: ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP [FOR EXHIBIT PURPOSES ONLY] 0 Name: Title: H -2 4847 - 2407 - 5298.1 EXHIBIT I ESCROW FUND AND ACCOUNT CONTROL AGREEMENT I- I 4847 - 2407 - 5298.1 MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: April 20, 2015 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF MAY 5, 2015 NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD BACKGROUND There is a vacancy for a regular member to serve on the Education Board due to Mr. Mitchell Katz being elected to the City Commission. The 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. Nomination for appointment is needed for one (1) regular member to serve an unexpired term ending July 31, 2017. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following 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 with the exception of Drew Tucker. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat #1) for one (1) regular member to serve an unexpired term ending July 31, 2017. DISCUSSION This item is before the City Commission for nomination for an appointment to the Education Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment of one (1) regular member to serve on the Education Board for an unexpired term ending July 31, 2017. EDUCATION BOARD EXHIBIT A Daniel Rose Attorney Drew Tucker Director of Education and Outreach Harold Van Arnem CEO Commercial Real Estate and Developer Marj ori e Waldo Educator /School Principal Bryan Weber Attorney (currently serving on the Board of Adjustment) Patricia Westall Project Coordinator/Health Administration 4/15 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Vacant 07/31/2016 Lisa Paolo Director of Academy Appt 07/01/14 Operations 07/31/2016 Jeremy Office Certified Financial Planner Appt 4/01/14 07/31/2016 Michelle Quigley Educator Appt 4/01/14 07/31/2016 Mercie Alcindor Educator Appt 07/15/14 07/31/2016 Angela Burns Educator Unexp Appt 11/15/11 Reappt07 /17/12 Rea t07/01/14 7/31/2015 Julia Kadel, Vice Chair Director of Admissions Unexp Appt 12/06/11 Reappt07 /25/13 07/31/2015 Cathy DeMatto, 2nd Vice Chair Development Consultant Appt 08/06/13 07/31/2015 Daryl Pauling Educator Unexp Appt 10/01/13 07/31/2015 Joyce Warner Educator Appt 07/25/13 07/31/2015 Margarita Kaufman Educator Appt 08/06/13 STUDENT MEMBERS (one term limit) 7/31/2015 Nikkie Dugan Appt 10/07/14 Student 2 YEAR TERM 7/31/2016 Sean Kelleher Student Appt 02/03/15 1YEAR TERM Contact: Janet Meeks 243 -7231 S /City Clerk /Board 2015 /Education Board U W � 1 Q p� 1 z U � 1 0 M � 1 � 1 � 1 1w� ti i i V I 1� \ N / O w w o � o \ E / 0 2:1 O N L� o U . \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ \"/ ,i MEMORANDUM TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: April 20, 2015 SUBJECT: AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF MAY 5, 2015 NOMINATION FOR APPOINTMENT TO THE POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD BACKGROUND The term for Mr. Alan Kirschenbaum, regular member on the Police & Firefighters Retirement System Board of Trustees, expired on April 22, 2015. Mr. Kirschenbaum will have served two (2) full terms and is not eligible for reappointment. Nomination for appointment is needed for one (1) regular member to serve a two (2) year term ending April 22, 2017. In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two (2) public members to the Board of Trustees. All members must 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. All appointees must take an oath of office. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and /or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nomination for appointment will be made by Commissioner Jarjura (Seat #4), for one (1) regular member to serve a two (2) year term ending April 22, 2017. DISCUSSION This item is before the City Commission for nomination for an appointment to the Police & Fire Fighters Retirement System Board of Trustees. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for an appointment for one (1) regular member to serve on the Police & Fire Fighter Retirement System Board of Trustees for two (2) year terms ending April 22, 2017. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES EXHIBIT "A" Harold Van Arnem CEO Commercial Real Estate and Developer Kevin Warner Retired educator and financial analyst. Bryan Weber Attorney (currently serving on the Board of Adjustment) POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES (* No Term Limits) 04/15 TERM EXPIRES REGULAR MEMBERS APPT BY *Indefinite Danielle Connor Serving as Fire Appt 01/01/12 Fire Chief Chief Fire Department *Indefinite Thomas Mitchell Serving for Police Captain Police Chief Police Department 04/22/2015 Vacant City Commissioners 2 yr term 04/22/2017 Lieutenant Scott Privitera Police Dept Appt 12/2011 Police Department Reappt04 /2013 Reappt 04/15/2015 06/30/2016 Adam Frankel, Chair City unexp 05/05/09 Commissioners Reappt05 /25/10 Reappt05 /15/12 Reappt06 /17/14 04/22/2016 Scott McGuire Police Dept unex Appt 02/24/15 Police Department 04/22/2017 Paramedic. Craig Mahoney Fire Dept Appt 04/2014 Fire Department 04/22/2016 Gregory Giaccone — Vice Chairman Fire Dept Appt 03/12 Fire Department Reapp 4/13 *Indefinite Jack Warner (sitting member) Mayor Appt 12/13 Contact: Anne Woods (Office /fax) 243 -4707 delrayp -f @comcast.net S /City Clerk /Board 15 /Police & Fire Pension Board of Trustees i i N � Z H w ° o w O � 00 / tiCIO \ / �I \ vCIO , \ y / U Q z0 �wwH�z� U 0 W z0 �WWE -��zc7 ti �N ti o � i i N � Z H w ° o w O � 00 / tiCIO \ / �I \ vCIO , \ y / MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: April 7, 2015 SUBJECT: AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF MAY 5, 2015 DISCUSSION REGARDING PEDICABS AND PEDAL TROLLEYS BACKGROUND Two local entrepreneurs have requested information about the City's requirements and processes for starting two types of transportation businesses; a Pedicab Service and a Pedal Trolley Tour. The City of Delray Beach has historically deferred to Palm Beach County regarding the regulation of vehicles for hire. All taxi, limousine, shuttle and non - medical companies operating in Delray Beach must be licensed to operate by the County's Consumer Affairs Division. County requirements are found in Article 9, Chapter 19, Section 214 of the Palm Beach County Code of Ordinances. Vehicles tendering transportation services not for compensation, i.e., free shuttles, are also addressed in the code. The County has determined that Pedicabs and Pedal Trolleys would not be regulated through the County's vehicle for hire program. As such, staff is seeking direction from the Commission on this issue. Pedicabs Pedicabs have gone from the occasional tourist attraction to a more prominent means of public transportation in many cities. The Pedicab business model being proposed for Delray Beach would generate revenue from advertising on the sides and back of the Pedicab (highly visible moving billboards) and the drivers would be compensated solely by tips. The Pedicab equipment would also be equipped with an electric helper motor to assist the driver with the bridge over the Intracoastal Waterway and the increase in elevation on the approach to AIA. Pedal Trolleys Pedal Trolleys are often available at tourist attractions where they are rented by the hour or day and often serve as a rolling refreshment stand. The Pedal Trolley is powered by the passengers while the steering and braking is controlled by the driver who does not provide pedaling power. The Pedal Trolley business model being proposed would generate revenue from fees, i.e. per seat, groups, and private tours. Additional income would be generated by promoting local businesses on a flat screen television in the vehicle. FINANCIAL DEPARTMENT REVIEW If services are permitted, Local Business Tax fees should be set to recover the City's full costs. DISCUSSION Since the County code does not apply for Pedicabs and Pedal Trolleys, the primary policy decision for the City Commission is whether or not to allow Pedicabs and Pedal Trolleys. If the Commission decides to allow Pedicab and Pedal Trolley businesses, staff requests direction regarding: 1. Pedestrian and passenger safety concerns. 2. Additional City resources (law and code enforcement) that may be needed to manage traffic issues related to Pedicab and Pedal Trolley operations. 3. Amending Section 110.15 of the Code of Ordinances, Local Business Tax Schedule, to add Pedicabs and Pedal Trolleys as business classifications and establish the permit fees. 4. Authorizing pilot programs for Pedicabs and Pedal Trolleys or moving forward with adoption of ordinances. 5. Amending Section 4.6.7 of the Land Development Regulations to address moving signs /rolling billboards. In Delray Beach a sign permit is required unless the sign is specifically prohibited or exempt. Types of signs not expressly allowed in the regulations are also prohibited. Advertising such as the the moving billboard on the sides and back of the proposed Pedicabs as well as the flat screen television in back of the Pedal Trolley would therefore be prohibited in Delray Beach since they are not expressly allowed in the regulations. RECOMMENDATION Staff is seeking direction from the Commission. City of Delray Beach Environmental Services Department M E M Q R A N D U M www.mvdelral,beach.com TO: Donald B. Cooper, City Manager THROUGH Randal Krejcarek, P.E., Director FROM: Joan Morgan, Sustainability Officer DATE: March 5, 2015 SUBJECT: Policy and Regulatory Considerations for Pedicab Service in Delray Beach Introduction The Pedicab (or bicycle driven pedestrian taxi) is an environmentally friendly, green solution to the challenges of modern transportation with a zero emissions footprint. Pedicabs are adult -size tricycles with room in the back for passengers. Over the past two decades, Pedicabs have gone from the occasional tourist attraction to a more prominent means of public transportation in many cities. Pedicabs have evolved into a viable industry providing specialized services including: (a) Rides to and from hotels, restaurants, and other hot spots; (b) Historical tours; (c) Sightseeing rides; (d) Weddings; and (e) Chartered rides. Pedicabs usually carry up to ' three passengers and can be equipped with safety belts, ` headlights, and flashing' . taillights. The sides and backs of Pedicabs are often used for advertising, offering highly visible moving billboards. In Florida, Pedicab businesses are currently operating in West Palm Beach, Fort Lauderdale, Hollywood, Miami Beach, Coconut Grove, Key West, Sarasota, Orlando, Winter Park, Maitland, St. Augustine, Tampa, and Tallahassee. Page 1 - - - - Background In March of 1998, the Delray Beach City Commission approved a Temporary Use and Hold Harmless Agreement authorizing a Pedicab Service to transport passengers along Atlantic Avenue. The agreement provided for a six -month trial period to evaluate the potential for continued Pedicab service. The agreement allowed for two Pedicabs operating along Atlantic Avenue from State Road A1A to Swinton Avenue. The Pedicabs operated from 9:00am — 1:00am, Sunday through Thursday-, and 9:00am — 2:30am, Friday and Saturday. The Pedicabs were prohibited from operating north and south of Atlantic Avenue on Swinton Avenue, Federal Highway, and State Road A1A. The Pedicabs were also prohibited from operating during the 1998 Delray Affair. During the trial period the Pedicab operator requested approval to expand the service area and operate in a short stretch of A1A from the City Parking lot north of Atlantic Avenue, south to Miramar Street. From the operator's perspective the service area limitations were too restrictive. From the City's perspective the Pedicabs drivers often did not comply with traffic laws, frequently impeded vehicular traffic on Atlantic Avenue, and as a result jeopardized the safety of the Pedicab passengers and the general public. The City's evaluation of the Pedicab Service at the end of the six -month trial period in 1998 concluded that continued operation of the Pedicab service should not be permitted due to pedestrian and Pedicab passenger safety concerns, as well as the lack of City resources to address the increased traffic enforcement workload on Atlantic Avenue anticipated by the Police Department, Current Situation In March of 2014, the Delray Beach Bike Club began meeting with City elected officials, staff, and stakeholder groups to present their business plan for a Pedicab Service in downtown Delray Beach. Founded in 2013, the Delray Beach Bicycle Club is dedicated to promoting bicycle safety and enjoyment. The Bicycle Club believes that Pedicabs can serve as one element of a diverse and sustainable public transportation network in Delray Beach. In addition, the Bicycle Club believes that Pedicabs will create jobs and economic opportunity in an environmentally responsible way-, adding value to the economy, enhancing the vibrancy of the City, and giving visitors the chance to connect memorably with the history, culture, natural resources, and people of Delray Beach. The Pedicab business model as proposed by the Bicycle Club would generate revenue from advertising on the sides and back of the Pedicab (highly visible moving billboards) and the drivers would be compensated solely by tips. The Pedicab equipment preferred by the Bicycle Club would also be equipped with an electric helper motor to assist the driver with the bridge over the Intracoastal Waterway and the increase in elevation on the approach to A1A. Page 2 Current Regulations The City of Delray Beach has historically deferred to Palm Beach County regarding the regulation of vehicles for hire. All taxi, limousine, shuttle and non - medical companies operating in Delray Beach must be licensed to operate by the County's Consumer Affairs Division. County requirements are found in Article 9, Chapter 19, Section 214 of the Palm Beach County Code of Ordinances. Vehicles tendering transportation services not for compensation, i.e., free shuttles, are also addressed in the code. Currently, the privately owned and operated free shuttle business operating "street legal" electric low speed vehicles (LSVs) in the City of Delray Beach has drivers that receive their compensation through tips while the business generates revenue through advertising on the shuttles. This business is being regulated by the County's vehicles for hire regulations. The business has been required to obtain a county vehicle for hire permit, vehicle decal(s), and driver's ID badge. Signs on vehicles for hire are exempt from the permitting requirements in the County Sign Code (Article 8, Chapter B, Section 3). Pedicabs are considered vehicles subject to the Bicycle regulations contained in the Florida Statutes (Section 316.2065). However, Pedicabs are not considered motor vehicles. A Pedicab propelled by a combination of human power and an electric helper motor is considered a bicycle by the State of Florida and Palm Beach County; and, as such, the Pedicab Services operating within Palm Beach County have not been required to secure a vehicle for hire business permit from the Palm Beach County Consumer Affairs Division. In the City of West Palm Beach, Pedicab services are regulated through the City's vehicle for hire business regulations. The Pedicab business is classified as Scenic and Sightseeing Transportation in West Palm Beach's Business Tax Code. The City of West Palm Beach has decided that the signs on Pedicabs are not subject to City sign regulations since they are affixed to bicycles. The City of Delray Beach has adopted regulations regarding signs in Section 4.6.7 of the Land Development Regulations. In Delray Beach a sign permit is required unless the sign is specifically prohibited or exempt. Types of signs not expressly allowed in the regulations are also prohibited. A sign such as the moving billboard on the sides and back of the proposed Pedicabs would therefore be prohibited in Delray Beach since it is not expressly allowed in the regulations. Off- premise signs and vehicular signs are also prohibited; however, the definitions for these types of signs did not envision a moving sign. Policy and Regulatory Considerations Obtaining a business permit from Palm Beach County does not appear to be a viable option for a Pedicab business proposing to provide service in the City of Delray Beach. Since deferring to the County is not an option, the primary policy decision for the City Commission is whether or not to allow Pedicabs. The first tier in the Commission's decision - making process should consider whether a Pedicab Service is consistent with the City's adopted Vision and Goals. Consideration should also be given to the consistency of a Pedicab Service with the Downtown Master Plan, Green Task Force Plan, and other applicable policies and plans. Page 3 If the Commission decides to allow Pedicabs as a business, the City would need to amend Section 110.15 of the Code of Ordinances, Local Business Tax Schedule, to add Pedicab Service as a business classification and establish the permit fee. The City should also consider amending Section 4.6.7 of the Land Development Regulations to address moving signs /rolling billboards. Finally, the City should consider adopting a Pedicab Ordinance that satisfies the unique needs of Delray Beach and addresses: (a) Pedicab design, appearance, and style; (b) Limits on the number of licenses and decals; (c) Geographical restrictions including, but not limited to: a. pickup/drop-off locations and staging areas; b. unusually heavy pedestrian or vehicular traffic; c, existence of any obstructions in public spaces; d. accidents, fires, or other emergencies; e. parades, demonstrations, or other events. (d) Passenger restrictions; (e) Disqualification to obtain a license or operator's permit; (f) Physician certification; (g) Fare schedules; (h) Advertising with moving signs including regulations that prohibit: a, lewd, crass, vulgar or sexually explicit content or images; b. political slogans or propaganda; c. advertisements that are illuminated; and d. bumper stickers and advertisements that obscure the visibility of a registration number or plate. (i) Workers' compensation insurance; (j) Liability insurance; and (k) Minimum standard of knowledge including, but not limited to training of Pedicab operators in order that operators present themselves to the visiting public in a professional manner, and have a fundamental knowledge of city sites, architecture, nightlife, and places of interest. Recommendations Staff has evaluated the specific proposal from the Delray Beach Bicycle Club for a Pedicab Service and believes it is not inconsistent with the City's Vision and Goals, Downtown Master Plan, and the Ten Point Green Plan; and could be included in the transportation options available in Delray Beach. Should the City Commission determine that Pedicab Service is an appropriate transportation mode for Delray Beach; staff recommends: 1. Adding Pedicab Service as a new business classification; 2. Implementing Pedicab rules and regulations as a three year pilot program subject to change pending the City's evaluation of business and community feedback; 3. Adopting a Pedicab Ordinance that: a. reflects thoughtful and balanced regulation; Page 4 b. requires monitoring and reporting of ridership levels, complaints, and citations; c. addresses public safety concerns, the aesthetic environment, and protects consumers; and d. allows the Pedicab industry to grow in a sustainable manner. c: Captain Michael Coleman Captain Thomas Mitchell Francine Ramaglia Stephanie Spritz - Page 5 DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Chief Jeffrey S. Goldman FROM: Captain Thomas Mitchell Support Services Division Commander DATE: April 28, 2015 SUBJECT: PEDICABS Recently, the use of pedicabs in our downtown area has been requested. The following are recommendations for the safe operation of pedicabs within the city limits of Delray Beach. Pedicabs are a tourist attraction and a mode of transportation for people to move around a congested area if operated safely. If the usage of pedicabs is once again given approval to operate in the city limits of Delray Beach, I would request that they be restricted to our downtown on a trial basis. The pedicabs must be equipped with lights (front and rear) along with turn signals and a power assist to easily navigate roadway inclines. The operator should be required to wear a protective helmet and have mirrors mounted on the bicycle so they can view the roadways. Additionally, the pedicab must operate on roadways that they would be able to keep with the flow of traffic. FSS 316.2065 states (5) "Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions than existing, shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right -hand curb or edge of the roadway...". This subsection would exclude the pedicabs from operating along the West Atlantic Avenue corridor from Swinton Avenue to SW/NW 12 Avenue. This stretch of roadway does not have a designated bicycle lane and encompasses on street parking preventing the pedicab operator to ride close to the curb forcing them to operate in a travel lane which is designated a 35 MPH speed zone. Additionally, since pedicabs are not regulated by the Palm Beach County Vehicle for Hire Ordinance, a City Ordinance should be enacted which should regulate the number of pedicab businesses, the number of pedicabs allowed to operate at one time, along with designated locations for pick up and discharging of passengers, preferably at designated taxi stands. The pedicab should also be restricted from being allowed to operate on pedestrian sidewalks. In 1998, pedicabs were granted temporary approval to operate in the downtown area of East Atlantic Avenue. During that time the operators became a nuisance and the usage was withdrawn. The pedicab operators were not adhering to Florida State traffic laws by crossing double lines, making u -turns in front of oncoming traffic, stopping in the roadway to discharge or receive passengers, operating off the main roadway in back alleyways where they were becoming victims of crime. dmt L.E.A.D. the Way! City of Delray Beach Environmental Services Department M E M O R A N D U M ww w. m ydelraV6eack. com TO: Donald B. Cooper, City Manager THROUGH: . Ra al Krejcarek, P.E., Director FROM: John Morgan, Sustainability Officer DATE: March 5, 2015 SUBJECT: Policy and Regulatory Considerations for Pedal Trolley Business in Delray Beach Introduction The Pedal Trolley (or multi - passenger human powered trolley) has been in use for decades. They are often available at tourist attractions where they are rented by the hour or day and often serve as a rolling refreshment stand. The Pedal Trolley has evolved into a viable industry providing specialized services including: (a) Pub crawls on wheels; (b) Historical tours; (c) Sightseeing rides; (d) Weddings; and (e) Chartered rides. The Pedal Trolley is powered by the passengers while the steering and braking is controlled by the driver who does not provide pedaling power. They usually feature open seating for eight or more riders in a sociable configuration. These vehicles are often designed to look like early 20th century trolley cars and have side seating for the pedalers, a bench seat in the rear, rack - and - pinion steering, and a canopy top. Only a few manufacturers offer an electric assist motor to aid the riders. Modern Pedal Trolleys are typically fifteen to twenty feet long, seven feet wide and eight feet tall. Because they are driven on municipal streets, some manufacturers include headlights, tail lights and turn signals, as well as lighting for use at night. - - Page 1 - - - - In Florida, Pedal Trolley businesses are currently operating in St. Petersburg, Bradenton, Pensacola, Fort Lauderdale, West Palm Beach, Key West, Orlando, Sanford, and Daytona Beach. The Pedal Trolley is an environmentally friendly, green solution to sightseeing and tours with a zero emissions footprint. Current Situation The owner of PubCruiser LLC. has been meeting with City elected officials and staff to present their business plan for a Pedal Trolley operation in Delray Beach. The company's goal is to provide an amazing, one of a kind, experience for groups by providing tours of local restaurants, bars, and other venues. The business model as proposed by Pubcruiser LLC would generate revenue from fees, i.e. per seat, groups, and private tours. Additional income would be generated by promoting local businesses on a flat screen television in the vehicle. Current Regulations The City of Delray Beach has historically deferred to Palm Beach County regarding the regulation of vehicles for hire. All taxi, limousine, shuttle and non - medical companies operating in Delray Beach must be licensed to operate by the County's Consumer Affairs Division. County requirements are found in Article 9, Chapter 19, Section 214 of the Palm Beach County Code of Ordinances. The code does not apply to vehicles providing transportation services operated as a bona -fide tour company [Section 19- 214(a)(7)]. The Pedal Trolley is considered a non - motorized vehicle. The operator of a Pedal Trolley has all the rights and duties of other drivers on the roadways. Because it has four wheels the Pedal Trolley is not considered a bicycle and is not subject to the Bicycle regulations contained in the Florida Statutes (Section 316.2465). The Pedal Trolley business operating in the City of West Palm Beach is regulated through the City's vehicle for hire business regulations. The Pedal Trolley business is classified as Scenic and Sightseeing Transportation in West Palm Beach's Business Tax Code. The City of Delray Beach has adopted regulations regarding signs in Section 4.6.7 of the Land Development Regulations, In Delray Beach a sign permit is required unless the sign is specifically prohibited or exempt. Types of signs not expressly allowed in the regulations are Page 2 - also prohibited. Advertising such as the flat screen television in back of the Pedal Trolley would therefore be prohibited in Delray Beach since it is not expressly allowed in the regulations. Policy and Regulatory Considerations Since the County code does not apply for a Pedal Trolley business proposing to provide service in the City of Delray Beach, the primary policy decision for the City Commission is whether or not to allow Pedal Trolleys. The first tier in the Commission's decision - making process should consider whether a Pedal Trolley business is consistent with the City's adopted Vision and Goals. Consideration should also be given to the consistency of a Pedal Trolley business with the Downtown Master Plan, Green Task Force Plan, and other applicable policies and plans. If the Commission decides to allow the Pedal Trolley as a business, the City would need to amend Section 110.15 of the Code of Ordinances, Local Business Tax Schedule, to add the Pedal Trolley as a business classification and establish the permit fee. The City should also consider amending Section 4.6.7 of the Land Development Regulations to address moving signs /rolling billboards. Finally, the City should consider adopting a Pedal Trolley Ordinance that satisfies the unique needs of Delray Beach and addresses: (a) Pedal Trolley design, appearance, and style; (b) Limits on the number of licenses and decals; (c) Geographical restrictions including, but not limited to: a. pickup/drop-off locations and staging areas; b. unusually heavy pedestrian or vehicular traffic; c. existence of any obstructions in public spaces; d. accidents, fires, or other emergencies; e. parades, demonstrations, or other events. (d) Passenger restrictions; (e) Disqualification to obtain a license or operator's permit; (f) Physician certification; (g) Fare schedules; (h) Advertising with moving signs including regulations that prohibit: a. lewd, crass, vulgar or sexually explicit content or images; b. political slogans or propaganda; c. advertisements that are illuminated; and d. bumper stickers and advertisements that obscure the visibility of a registration number or plate. (i) Workers' compensation insurance; 0) Liability insurance; and (k) Minimum standard of knowledge including, but not limited to training of Pedal Trolley operators in order that operators present themselves to the visiting public in a professional manner, and have a fundamental knowledge of city sites, architecture, nightlife, and places of interest. Page 3 Recommendations Staff has evaluated the specific proposal from Pubcruiser LLC for a Pedal Trolley and believes it is not inconsistent with the City's Vision and Goals, Downtown Master Plan, and the Ten Point Green Plan; and could be included in the sightseeing/tour options available in Delray Beach. Should the City Commission determine that Pedal Trolley business is an appropriate sightseeing/tour mode for Delray Beach, staff recommends: 1. Adding Pedal Trolley as a new business classification; 2. Implementing Pedal Trolley rules and regulations as a three year pilot program subject to change pending the City's evaluation of business and community feedback; 3. Adopting a Pedal Trolley Ordinance that: a. reflects thoughtful and balanced regulation; b. requires monitoring and reporting of ridership levels, complaints, and citations; c. addresses public safety concerns, the aesthetic environment, and protects consumers; and d, allows the Pedal Trolley industry to grow in a sustainable manner. c: Captain Michael Coleman Captain Thomas Mitchell Francine Ramaglia Stephanie Spritz Page 4 DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Chief Jeffrey S. Goldman FROM: Captain Thomas Mitchell" � Support Services Division Commander DATE: April 28, 2015 SUBJECT: PEDAL TROLLEY BUSINESS On March 3, 2015, 1 was asked to review a proposal for the operation of a pedal trolley business in Delray Beach. A pedal trolley is an 8 -10 passenger bicycle type trolley that would operate within our designated downtown as a "pub crawl on wheels ". As a police department, several concerns are brought to light. FSS 316.2065 Bicycle Regulations clearly defines equipment that the bicycle must be equipped with if operated on a roadway and between sunset and sunrise. The primary function is for a sociable type configuration where passengers will more than likely consume alcoholic beverages. Therefore, they should be required to wear safety equipment (seatbelts, helmets and reflective type vests). This vehicle should also be limited to designated locations where customers are picked up and discharged from specifically designated taxi stands. People who consume alcohol during pub crawls have a tendency to overindulge and lose use of their faculties along with the ability to reason. Riding on or in this style vehicle can create hazards with inebriated individuals falling off and getting hurt. There is also a tendency for passengers to disembark from the vehicle at their own free will while it is in motion, which will create other hazards in the roadway. To add this business venture to our nighttime economy will create a burden on our resources. Therefore, the police department cannot support this type of a business. As with pedicabs, if this was to move forward a strict City Ordinance should be enacted to regulate where, when and how this type of business is allowed to operate within the city limits. The Palm Beach County Vehicle for Hire Ordinance does not regulate bicycle type vehicles. roWo L.E. A.D. the Way! MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: April 27, 2015 SUBJECT: AGENDA ITEM 9.1 - REGULAR COMMISSION MEETING OF MAY 5, 2015 ENGAGEMENT OF SPECIAL COUNSEL FOR LEGAL OPINION, RE: ATLANTIC CROSSING PROJECT /ATLANTIC COURT BACKGROUND During City Attorney comments at the last Commission meeting, the City Attorney raised the issue of retaining special counsel for the purpose of obtaining a legal opinion in connection with the proposed Atlantic Crossing project. The City Attorney proposes that the City obtain a legal opinion on the issue of "Atlantic Court", and that special counsel be requested to provide a legal opinion addressing; (i) all of the substantive and procedural legal issues arising from the prior administrative and City Commission reviews and approvals of the prior plat and current Atlantic Crossing site plans, (ii) whether the elimination of Atlantic Court/Tract D on the current site plan is proper, (iii) the legal effect of the prior litigation with respect to questions (i) and (ii) above, and (iv) possible legal recourse, if any, and the probability of success with respect to questions (i) and (ii) above. There are a limited number of South Florida firms with both extensive land use expertise and experience litigating this subject area. Many of the firms with expertise in this subject matter represent primarily developers, not local governments, and for this reason were not considered. Both firms listed below performed internal checks to confirm no current conflicts of interest in representing the City. Two firms the Commission may wish to consider are: Moskowitz, Mandell, Salim, & Simowitz. This firm is a small litigation boutique of 12 attorneys. The firm represents both private sector and government clients and has substantial land use and government experience. The firm routinely handles complex litigation, including land use matters, before State and Federal Courts. The firms managing partner, Michael Moskowitz would be assigned primary responsibility for this engagement. Additional firm information is attached to this agenda item. Weiss, Serota, Helfman, Cole & Bierman. This firm practices primarily in the area of local government law, representing numerous South Florida governmental entities. The firm also represents private entities doing business with local government. The firm has a large, broad based, local government practice with experience advising and litigating clients in land use matters. Partner Jamie Cole would be assigned to this matter and involve other attorneys with land use experience as necessary. Additional firm information is attached to this agenda item. The City Attorney will endeavor to negotiate a fixed fee with the selected firm, alternatively, the City Attorney will negotiate a discounted hourly rate. The total fees for the opinion letter shall not exceed $15,000. RECOMMENDATION City Commission discretion Michael W. Moskowitz, Esquire - Fort Lauderdale, FL Commercial Litigation Attorney I ... Page 1 of 1 Moskowitz Mandell Salim 8t Simowitz P.A. Call Now 954 -491 -2000 Michael W. Moskowitz, Esquire m moskowitz [at] mmsslaw. com Mr. Moskowitz is a founder and managing partner of the firm, and is the head of its commercial litigation department. He was admitted to the New York Bar and Florida Bar in 1978; the District of Columbia Bar in 1979, the United States District Court, Southern District of Florida including Trial Bar in 1980; U.S. Court of Appeals, Fifth Circuit in 1981; U.S. Court of Appeals, Eleventh Circuit, 1981, U.S. Supreme Court, 1985. He attended New York University where he received his Bachelor of Arts degree and graduated magna cum laude in 1974 and attended Brooklyn Law School where he received his J. D. degree and graduated Cum Laude in 1977. Mr. Moskowitz was a member of Phi Beta Kappa, Coat of Arms Society, and the Justinian Society as well as a recipient of the American Jurisprudence Award for Trusts. Mr. Moskowitz actively practices in all areas of governmental approval, land use, commercial Litigation, real estate and health care law with emphasis on complex commercial litigation. Mr. Moskowitz also provides counsel to various governmental units, including on land use, planning and redevelopment issues. Fort Lauderdale office In addition, he is a member of the Broward County Bar Association, New York 800 Corporate Drive, Suite 500 State Bar Association and American Bar Association. He is a member of the Fort Lauderdale, FL 33334 Florida Bar of which he is a member of the Trial Lawyers Section. Mr. phone: 954-491-2000 Moskowitz has been active in many civic, political and community organizations. He served as a member of the Board of Governors for Nova Southeastern University, Center for Psychological Studies, 1989 - 1999. Mr. Moskowitz currently serves as a member of the Board of Governors, Nova Southeastern University Law School a /k /a Shepard Broad School of Law, 1996 - present. Mr. Moskowitz served as a member of the Board of Directors, Homeless Initiative Partnership Advisory Board 1997 - 2000. Mr. Moskowitz served by appointment by Governor Lawton Chiles on the Board of Directors for Community Health Purchasing Alliance (CHPA) from 1996 - 2000. He served as a Commissioner for the North Broward Hospital District, 1998 - 2001. Mr. Moskowitz also served on the Board of Directors for the Boys and Girls Club of Broward County, 1999 - 2005, and served on the Broward County Charter Review Commission, 2000 - 2002. Mr. Moskowitz presently serves as a Member on the Board of Directors of Legacy Bank, 2006 - present. In addition to handling complex commercial litigation, Mr. Moskowitz actively represents clients in the governmental approval process and also represents clients in numerous health care issues. Mr. Moskowitz is also a certified circuit court mediator handling select complex matters. " peer review rated by Martindale- Hubbell. Attorneys • Todd A. Armbruster. Esquire • Irma T. Barrios, Esquire • Ari J. Glazer. Esquire • Arthur E. Lewis. Esquire • Craie J. Mandell. Esquire • Michael W. Moskowitz Es wire • Greg H. Rosenthal, Esquire • William G. Salim, Jr., Esquire • Scott E. Simowitz, Esquire • Benjamin Sunshine, Esquire • Shirley D. Weisman, Esquire • Scott M. Zaslav, Esquire View Attorneys http: / /mmsslaw. com /attorneys /Michael- moskowitz/ 4/27/2015 Jamie A: Cole - Miami, Florida Government Attorney I Weiss Serota Heifinan Cole Bier... Page 1 of 5 EISS S EROTA ELFMAN COLE & BIERMAN Jamie A. Cole Member Jamie serves as our Managing director. He represents both private and public clients in all areas of the law with an emphasis on complex litigation and governmental matters. Jamie is also an accomplished appellate attorney, appearing before the Second, Third and Fourth District Courts of Appeals. A native South Floridian, Jamie was the valedictorian of his Ivy League law school class. Jamie currently serves as the City Attorney for the cities of Weston and Miramar and serves as special litigation counsel for numerous municipalities in Palm Beach and Broward Counties. He has presided over more than 1000 City Commission meetings and has spoken at numerous local government law seminars (on subjects addressing the full gamut of local government law, including ethics, property tax, government finance and charter review). Jamie served as lead litigation counsel for several coalitions of local governments challenging State and county laws and actions. He also served as lead litigation counsel in lawsuits invalidating SB 360 (relating to growth management) because it violated the Florida constitution, and removing a proposed constitutional amendment from the 2007 statewide ballot (which would have eliminated Save Our Homes tax protection). Published Works • "The New Offer of Judgment Rule in Florida: What Does One Do Now ?" The Florida Bar Joumal, January, 1990 • "A New Category of Free Exercise Claims: Protection for Individuals Objecting to Governmental Actions that Impede Their Religions," 135 U. Pa. L. Rev. 1557, 1987 Professional Associations • The Broward County Bar Association Reported Cases Florida Department of Agriculture and Consumer Services v. Mendez, 2012 WL 4795722 (Fla. 4th DCA Oct. 10, 2012) http:// www.wsh- law.com/attomeys /3amie -a -cole/ 4/27/2015 Jamie A. Cole - '_Miami, Florida. Government Attorney I Weiss Serota Helfman Cole Bier... Page 2 of 5 • City of Boca Raton v. Siml, 96 So. 3d 1140 (Fla. 4th DCA 2012) • Spadaro v. City of Miramar, 2012 WL 3614202 (S.D. Fla. Aug. 21, 2012) Florida Dept. of Agriculture and Consumer Services v. Mendez, 98 So. 3d 604 (Fla. 4th DCA 2012) • Spadaro ex rel. Caravella v. City of Miramar, 2012 WL 3042988 (S.D. Fla. Jul. 25, 2012) • Spadaro v. City of Miramar, 2012 WL 3027813 (S.D. Fla. Jul. 24, 2012) • Caron Foundation of Florida, Inc. v. City of Delray Beach, 2012 WL 2249263 (S.D. Fla. May 4, 2012) • Butler v. City of Hallandale Beach, 68 So. 3d 278 (Fla. 4th DCA 2011) Atwater v. City of Weston, 64 So. 3d 701 (Fla. 1 st DCA 2011) Florida Dept. of Agriculture and Consumer Services v. Cox, 2011 WL 222170, 36 Fla. L. Weekly D194, Fla. App. 4 Dist., January 26, 2011 (NO. 4D09 -979) Department of Agriculture & Consumer Services v. Bogorff, 35 So. 3d 84, 2010 WL 1880468, 35 Fla. L. Weekly D1062, Fla.App, 4 Dist., May 12, 2010 (NO. 4D08 -4474) • Florida Dept of Agriculture and Consumer Services v. Citrus Canker Litigation, 20 So. 3d 864, 2009 WL 1675852, 34 Fla. L. Weekly D1247, Fla.App. 3 Dist., June 17, 2009 (NO. 31308 -3278) • City of Lake Worth v. Save Our Neighborhood, Inc., 995 So. 2d 1002, 2008 WL 4643800, 33 Fla. L. Weekly D2476, Fla.App. 4 Dist., October 22, 2008 (NO. 4D07 -5027) • Milanese v. City of Boca Raton, Fla., 2008 WL 3889580, S.D.Fla., August 20, 2008 (NO. 08- 80398 -CIV) • Alford v. City of Hallandale Beach, 983 So. 2d 1159, 2008 WL 2513859, Unpublished Disposition, Fla.App. 4 Dist., June 25, 2008 (NO. 4D074350) • Jeffrey 0. v. City of Boca Raton, 511 F.Supp.2d 1339, 2007 WL 628131, 34 NDLR P 100, S.D.Fla., February 26, 2007 (NO. 03- 80178CIV) • City of Hollywood v. Diamond Parking, Inc., 950 So. 2d 472, 2007 WL 518442, 32 Fla. L. Weekly D511, Fla.App. 4 Dist., February 21, 2007 (NO. 4D05 -4728) • Jeffrey O, v. City of Boca Raton, 511 F.Supp.2d 1328, 2007 WL 143017, S.D.Fla., January 17, 2007 (NO. 03- 80178 -CIV) Femander v. Bonis, 947 So. 2d 584, 2007 WL 5742, 32 Fla. L. Weekly D154, Fla.App. 4 Dist., January 03, 2007 (NO. 41306 -407) Pharmcore, Inc. v. City of Hallandale Beach, 946 So. 2d 550, 2006 WL 3018114, 31 Fla. L. Weekly D2671, Fla.App. 4 Dist., October 25, 2006 (NO. 4D05 -3735) Medianet of South Florida, Inc. v. City of Miramar, 144 Fed.Appx. 856, 2005 WL 2402749, C.A.11 (Fla.), September 29, 2005 (NO. 04- 14140) • Guess v. City of Miramar, 889 So.2d 840, 2004 WL 2600496, 22 IER Cases 216, 29 Fla. L. Weekly D2612, Fla.App. 4 Dist., November 17, 2004 (NO. 4D03 -2925) • GLA and Associates, Inc. v. City of Boca Raton, 855 So.2d 278, 2003 WL 22298745, 28 Fla. L. Weekly D2318, Fla.App. 4 Dist., October 08, 2003 (NO. 4D02 -1051) • Sun Cruz Casinos, L.L.C. v. City of Hollywood, Fla., 844 So.2d 689, 2003 WL 1916856, 28 Fla. L. Weekly D1011, Fla.App. 4 Dist, April 23, 2003 (NO. 4D02 -224) • Florida Outdoor Advertising, LLC. v. City of Boca Raton, Florida, 266 F.Supp.2d 1376, 2003 WL 21212567, S.D.Fla., January 14, 2003 (NO. 01- 8504 - CIV- BANDSTRA, 018504CVMIDDLEBROOKS) • City of Boca Raton v. Boca Raton Airport Authority, 768 So. 2d 1191, 2000 WL 1344730, 25 Fla. L. Weekly D2274, Fla.App. 4 Dist., September 20, 2000 (NO. 4D00 -2149) • Leonardi v. City of Hollywood, 715 So. 2d 1007, 1998 WL 390373, 14 IER Cases 606, 14 IER Cases 1470, 23 Fla. L. Weekly D1653, Fla.App. 4 Dist., July 15, 1998 (NO. 97 -2060) • Mikes v. City of Hollywood, 687 So. 2d 1381, 1997 WL 78205, 22 Fla. L. Weekly D528, Fla.App. 4 Dist., February 26, 1997 (NO. 96 -0477, 96 -0293) • PDA Realty, Inc. v. City of Hollywood, 663 So.2d 11, 1995 WL 700195, 20 Fla. L. Weekly D2601, Fla.App. 4 Dist., November 29, 1995 (NO. 94 -2628) • Lewis v. S & TAnchorage, Inc., 616 So. 2d 478, 1993 WL 45220, 18 Fla. L. Weekly D563, Fla.App. 3 Dist., February 23, 1993 (NO. 92 -224) • S & TAnchorage, Inc. v. Lewis, 575 So. 2d 696, 1991 WL 11745, 16 Fla. L. Weekly 388, Fla.App. 3 Dist., February 05, 1991 (NO. 90 -1951, 90 -1756) • U.S.P. Products, Inc. v. Brown, 557 So. 2d 111, 1990 WL 8682, Fla.App. 3 Dist., February 06, 1990 (NO. 89 -1974) Awards and Recognitions "Finalist -Most Effective Lawyers," Daily Business Review, 2014 • "Best Lawyers in America," Best Lawyers, 2015 • "Finalist - Leaders in Law," Lifestyle Media Group, 2014 "Top Rated Lawyer, Commercial Litigation," South Florida Top Rated Lawyers, 2012 http://www.wsh-law.com/attomeys/J*amie-a-cole/ 4/27/2015 MEMORANDUM TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer Jack Warner, CFO THROUGH: Donald B. Cooper, City Manager DATE: April 23, 2015 SUBJECT: AGENDA ITEM N.A. - REGULAR COMMISSION MEETING OF MAY 5, 2015 ORDINANCE NO. 11 -15 (SECOND READING) BACKGROUND Ordinance No. 11 -15 is before Commission for Second Reading and Public Hearing for City initiated amendments to Chapter 36, by creating a new Section 36.14 of the City's Procurement Code, to, among other changes, create a Section 36.14, "Local Business Preference." FINANCIAL DEPARTMENT REVIEW DISCUSSION OPERATING COST RECOMMENDATION Staff recommends approval of Ordinance No. 11 -15. ORDINANCE NO. 11 -15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY"; AMENDING SECTION 36.02, "METHOD OF ACQUISITION," SUBSECTION (A), "SEALED COMPETITIVE METHOD "; CREATING SECTION 36.14, "LOCAL BUSINESS PREFERENCE"; ESTABLISHING A LOCAL BUSINESS PREFERENCE IN THE ACQUISITION OF GOODS AND SERVICES; PROVIDING DEFINITIONS AND CERTIFICATION REQUIREMENTS FOR SAME; PROVIDING FOR EXCLUSIONS FROM AND WAIVER OF LOCAL BUSINESS PREFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida ( "City ") has determined that businesses within the City are more likely to employ City residents and stimulate the local economy by purchasing directly from, or providing their employees with the means to purchase directly from, other businesses located within the City; and WHEREAS, the recirculation of money received by local businesses provides an economic stimulus to City residents and businesses, allowing them to maintain and increase their property values and business activity and making the City a better place in which to live and work; and WHEREAS, the City is home to many great locally -owned businesses, large and small, and these local companies employ many local residents; and WHEREAS, diversification and expansion of the City's economy is essential to its economic and fiscal stability; and WHEREAS, the City Commission has the authority to contract for the purchase of goods and services that serve a public purpose and are in the best interests of the residents of the City; and WHEREAS, the City Commission has determined that increasing the opportunity for businesses within the City's boundaries to provide goods and services to the City serves the general welfare of the residents of the City; and WHEREAS, in an effort to provide a positive impact on the City's local economy and expand the capabilities and capacities of our local companies, the City Commission desires to provide locally owned and operated companies preference in the purchasing policy system within the City. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance. Section 2. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property," Section 36.02, "Method of Acquisition," Subsection (A), "Sealed Competitive Method ", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) Sealed Competitive Method. Acquisitions of or contracts for non -real property, goods or services where the expenditure by the City (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $25,000 or greater shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods, as provided in Sec. 36.02(C). (1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsiveness, aff4 responsibility, and local business preference, as provided in Sec. 36.14, are the sole determining factors. (2) Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest. Requests for Proposals, Requests for Qualifications, and Requests for Letters of Interest are utilized where price, responsiveness, att4 responsibility, and local business preference, as provided in Sec. 36.14, are not the sole determining factors. A Selection Committee, appointed by the City Manager, shall review the submissions received by the City in response to Requests for Proposals, requests for Qualifications, and Requests for Letters of Interest and make a recommendation to the City Commission. The City Manager shall not serve on the Selection Committee. The Selection Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the closing date and time shall not be considered and shall be returned unopened. The time stamp clock in the Finance /Purchasing office shall govern. All bids, proposals and responses submitted pursuant to a Sealed Competitive Method shall remain sealed until they are opened publicly on the date and time and location stated in the Notice to Bidders, Proposers or Responders, or as may be amended by addendum. (4) City's reservation of rights. The City may utilize a Sealed Competitive Method for any acquisition that the City deems appropriate regardless of the estimated cost of the acquisition. Until final award of Contract, the City reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses, with our without cause. Section 3. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property," 2 ORD. NO. 11 -15 Section 36.14, "Local Business Preference," of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby created to read as follows: Sec. 36.14 LOCAL BUSINESS PREFERENCE The purpose of this section is to serve the public interest b3� spurring economic development through encouraging small businesses to remain or to locate within the City. The City will take all necessary, reasonable and legal action to prevent unlawful discrimination in its procurement process and to afford all businesses, including local businesses, the maximum opportunity to participate in the Cit Ti's procurement processes. (A) Definition of a Local Business. As set forth herein, a "Local Business" is an) person, firm, partnership. company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) ,T� prior to solicitation and a physical address within the City from which the vendor lawfully performs and operates. Post Office Boxes or location at a postal service center shall not be used for the purpose of establishing physical address. Home offices shall be considered as business locations if they otherwise meet all requirements of this ordinance. a Certification. Any vendor claiming to be a Local Business as defined herein shall so certify in writing pursuant to Section 36.14( Certification Statement to the City's Purchasing Division prior to or contemporaneous with that vendor's response to a Competitive Bid as provided in Sec. 36.02�A (1).Request for Proposal, Request for Qualification or Request for Letter of Interest as provided in Sec. 36.02(4(2). or any other type of solicitation for which the vendor is eligible to receive Local Business preference. The certification shall provide all necessary information, as determined by the City, to meet the requirements of subsection 36.14(A) above. The Purchasing Division shall not have an obligation to verify the accuracy of an): such certifications and shall have the sole discretion to determine if a vendor meets the definition of a Local Business as provided herein. The vendor shall include a copy of the required certification and information provided herein with any response to a Competitive Bid as provided in Sec. 36.02(A1i Request for Proposal, Request for Qualification or Request for Letter of Interest as provided in Sec. 36.02(A)(2)L or anv other tvpe of solicitation for which the vendor is eligible to receive Local Business preference. (C) Qualification selection pursuant to Sealed Competitive Method. (1) Competitive Bids. For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 36.02"A (1), the Ci , shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5 %) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if and, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid. Interest. (2) Requests for Proposals, Requests for Qualifications, Requests for Letters of ORD. NO. 11 -15 (i) For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, as provided in Sec. 36.02"A (2), the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5 %) of the total points in the evaluation criteria published in the solicitation. (ii) For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, as provided in Sec. 36.02"A (2), where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Purchasing Department, consistent with the intent of this Ordinance. Each such solicitation shall clearly define the application of the Local Business preference. (D) To the extent practicable, for all acquisitions not made pursuant to the Sealed Competitive Method provided in Sec. 36.02"A , City departments and staff are strongly encouraged to utilize Local Businesses if they otherwise meet purchasing policy requirements. (E) Exclusions. The preferences established herein in no wa : prohibit the rights and discretion of the City to evaluate bids and proposals for responsiveness and responsibility, compare qualityf materials and services proposed, and apply other factors that may be relevant to the award decision. Notwithstanding an,, tag to the contrary set forth in an): policy or Resolution adopted by the City, the local business preference shall not be applied to: (1) Goods or services provided under a cooperative purchasing agreement or the utilization of other governmental entities' contracts: (2) Contracts for professional services subject to the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes: (3) Purchases or contracts which are funded, in whole or in part, b3: a government entity or other enti , or grant program in which the laws, regulations or policies governing such funding prohibit application of local preference. (4) Purchases under emergency or noncompetitive situations exempt from competition. (5) Purchases of goods and /or services in which such preference is prohibited b y law, contract or other regulation applicable to the City. (F) Certification Statement WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS (OFFICER OF COMPANYI am an authorized representative of ORD. NO. 11 -15 [NAME OF BUSINESS] and on behalf of the business request that it be deemed to be a local business for purposes of the City of Delray Beach Local Preference Program. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located within the City limits of Delra Beach Florida? Yes No Number of Years: (2) Does the business have a business tax Yes No Business License Number: receipt issued in the current ear? (3) Is the business registered with the Florida Yes No Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree the business is required to notify the Cjjy in writing should it cease to qualify as a local business. (G) Local Preference shall not be applied when its application would result in an award which exceeds the otherwise lowest responsive, responsible bidder by 5% or $5,000 whichever is lower. a Waiver of Local Business preference. The Ci , may waive the Local Business preference established herein where the Cif: Commission declares by a simple majorit,v vote that the Local Business preference is not in the best interest of the City, provided that such decision is made prior to the advertisement of the competitive solicitation. Further, the preference established herein in no wa) prohibits the right of the Cit,v to give any other preference permitted by law in addition to the preference provided herein. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 6. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2015. ORD. NO. 11 -15 M AYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 11 -15 MEMORANDUM To: Mayor and City Commission Through: Donald B. Cooper, City Mana From: Joan K. Goodrich, Economic Development Director Date: April 20, 2015 Subject: Community Partner Feedback of Proposed Delray Beach Local Business Preference Ordinance Attached please find additional input and feedback on the Proposed Delray Beach Local Business Preference Ordinance from key community and economic development partners after presenting the item to the Boards of the CRA, DDA, Chamber of Commerce and West Atlantic Redevelopment Coalition (WARC) from December 2014 through March 2015. Formal response letters were received from the DDA and WARC with some notable suggestions. Additionally, the CRA Board at their January 22, 2015 workshop meeting generally supported the City Commission in enacting the proposed ordinance and recommended the following to the City: 1) Baseline City procurement data to see what the current trend is for City purchasing of local services and products before the Ordinance is enacted; 2) Add a training component to the initiative to help local small businesses build capacity and "readiness" for future purchasing opportunities Please let me know of any questions. l look forward to our next steps. The mission of the Delray Beach Office of Economic Development is to inspire and drive the growth of a diverse, vibrant entrepreneurial economyfor all. April 20, 2015 DOWNTOWN DEVELOPMiENT Downtown DelrayBeach.corn BOARD OF DIRECTORS December 15, 2014 Cook chair Chair Joan Goodrich, Director of Economic Development Hand's Stationers City of Delray Beach 8eabron A. Smith 100 NW I" Avenue Vice- Chairmen Delray Beach, FL 33444 TED Center Bonnie Beer RE: Proposed Local Business Preference Ordinance Treasurer Caffe Luna Rosa Dear Joan, Albert Richwagen secretary This concerns the item that came before the Delray Beach Downtown Richwagen's Bicycles Development Authority for review. Ryan Boylston ITEM: Review of Proposed Delray Beach Local Business Preference Ordinance. Woo Creative After presentation, discussion ensued concerning a number of items: Mark Denkler • American Builders and Contractors concerning ordinance language Vince canning Shoes . Physical office that is staffed and doing business full time a year before Frank Friona solicitation GFA Intemationai, Inc. • Regular site visits, not just a telephone call to confirm business ACTION — Motion for consensus approval of the Proposed Delray Beach Business Preference Ordinance with the additional concerns of physical site visits and contact with American Bididets and Cotlttactots concerning language: Bonnie Beer; 2nd: Albert Richwagen. Roll Called. Consensus unanimously approved. 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, (I\A.COL 6041AN David Cook Chairman cc: DDA Board of Directors Delray Beach Mayor and City Commission Delray Beach City Manager 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 • (561) 243 -1077 Fax: (561) 243 -1079 West Atlantic Redevelopment Coalition 20 North Swinton Ave.. Delray Beach, Fl. 33444 • Phone: 601- 270.8640 • Fax., 661 -276 -8558 . www. DelrayWARC,org OFFICERS REGINALD A. COX, RA, MBA, CBO, CHAIR CRA BOARD LIAISON, PRINCIPAL, REGINALD A. Cox & ASSOC., INC. rcnxraainaldacDx.cDm JOYCELYN PATRICK, VICE -CHAIR NW NEIGHBORHOOD ALLIANCE CHAIR, SUSTAINA9L£ COMMUNITIES CA -CHAIR JDUCaI�tn.patrickQmail.cl}r� ANN STACEY- WRIGHT, SECRETARY SW NEIGHBORHOOD ALLIANCE CHAIR, SUSTAINABLE COMMUNITIES CO -CHAIR J oycaly.n.patrickhmallso PETER PERRI, TREASURER OWNER, PJB, LLC bpi yppanlxam DIRECTORS ALFRED STRAGHN OWNER, STRAGHN & SON FUNERAL HOME dstraQhnWyghoD,CDm CHARLES "CHUCK RIDLEY, COMMUNITY ORGANIZER, FPSU ECONOMIC DEVELOPMENT COMMITTEE CHAIR r,rid €pyQQ1@gmai1.conl PATRICIA WRIGHT PROMOTIONS COMMITTEE CO- CHAIR, FROG ALLEY HISTORIC COMMITTEE CHAIR sushingpOpyona.cnm DOROTHY ELLINGTON, EXECUTIVE DIRECTOR DKRAY BEACH HOUSING AUTHORITY dellingtoOdhl�a.org STEPHANIE lmmEIMAN, EXrounvE DIRECTOR DELRAY BEACH MARKETING COOPERATIVE PROMOTIONS COMMITTEE CO-CHAIR simmelman delrayhaach,com SHEPPARD GROSS, CITY OF DFLRAY BEACH P(J61-I0 WORKS CREW L£AuER FPSU SEW DELEGATE �hel >!paadQrnssl�186C�gmaiLcDltt STAFF KRISTYN Cox- Goor)wtN, WARC ADMIN, admin delra vlarc.nr (561) 275 -8640 February 27, 2015 To: Delray Beach's office of Economic Development, We thank you for your presentation at our last WARC Board meeting of February 5th, 2095 at which you presented a proposed ordinance for Local Business Preference to the City's Procurement Policy. We agree that these are necessary steps to take for true community economic growth In our City and we support it. That being said, we would like the disadvantaged population of our community to be supported and included in this effort as well, as we continue our goals toward minority business development. Here is our recommendation towards that Initiative, 1, Work collaboratively with members of the contracting community, City departments and other stakeholders on recommendations for how the City can develop and implement policies, practices and processes that increase diversity, ensure fair participation, promote competitiveness, avoid discrimination and provide a more responsive environment for MWBE i Disadvantaged firms, businesses and contractors working on City contracts 2. Facilitate outreach events for existing and potential MWBE t Disadvantaged firms and pursue aggressive outreach strategies to sustain and improve MWBE participation in City contracts 3. Improve and expand technical assistance, business development, training and mentoring programs for MWBE / Disadvantaged firms by greater coordination with organizations, businesses ' and public agencies as well as other City departments and offices 4. Work closely with other departments and offices to ensure all policies, practices and processes are consistent and complimentary and make it easier for MWBE / Disadvantaged firms to pursue City contracts 5. Commission a disparity study that covers professional services, purchasing and construction services — ideally every 5 years • This includes a request to the City, through the OED, to provide a FY 15/16 budget for the planning efforts leading to a disparity study. In the meantime, WARC's Economic Development Committee looks forward to working with our community partners including the City's OED, DDA, Chamber, CRA and DBMC on the data necessary to support this objective and willing to participate in any way possible, Stnc Reginald A. Co ARC Board Chair The Mission of the West Atlantic Redevelopment Coalition (WARC) is to serve as a vehicle for community redevelopment, finking the resources of the public and private sector, to advocate for the improvement of the economic, soclaf and cultural future of the businesses and neighborhoods surrounding West Atlantic Avenue, If any person deeldes to appeal any decision made by the Board with respect to any matter considered at this meeting, [hat person will need a record of the proceedings, and that, for such purpose, the person may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal Is to be based. STAFF PRESENT: Jeff Costello Earl Prizlee Joan Goodrich OTHERS PRESENT: Marisa Gottesman Jill Lanigan Isabella Balestriere WORKSHOP MEETING MINUTES Thursday, January 22, 2016 6:00 p.m. City Commission Chambers Defray Beach, FL 33444 Elizabeth Burrows Jasmin Allen D J Doody Susan Shaw Bob Currie Ian LaQua Robert Schmidt D. Fitzsimmons 1.. Call to Order Board Chair Herman Stevens called the Workshop to order at 5:05. 2. Roll Call Present: Herman Stevens, Annette Gray, Bill Branning, Cathy Balestriere, Paul Zacks, Absent: Reggie Cox, Joseph Bernadel 3. Approval of Agenda Ms. Gray made a motion to approve the Workshop Meeting Agenda. Mr. Zacks seconded the motion which passed unanimously. 4. Discussion A. Presentation of Arts Warehouse Conceptual Plan _ Earl Prizlee, project Manager, opened the discussion. Staff has been working with Currie Sowards Aguiia Architects, Inc. (CSA) to further refine the conceptual plans previously developed. He showed a rendering of the most current design which allows for maximum flexibility as the program develops. Mr. Cox and Mr. Bernadel arrived at 5,10. Mr. Bob Currie, CSA, reviewed the floor plan with the board. He stated the artists spoke about the Warehouse as the Art Cube and liked the name so much that the design concept focused on cubes, The office addition (southwest corner of the building) will be demolished to provide an iconic entrance with a 12 "x12" glass block element. There will be a canopy and circular drop -off entry with some parking and a handicapped space up front. The conceptual plan includes a classroom, office space, catering kitchen /coffee shop, gift shop, restrooms, computer room, artist studios, a maker space, reception area, and flexible multipurpose space that could be used by the film industry. There are entrances from the back and the front, as well as a place for a kiln outside on the north side of the building. Mr. Branning was unsure about the glass block for the entrance due to the cost, and felt it might not be acceptable per code. He also felt the reception area was pretty large. Mr. Currie said the reception area was based on a visit to the new museum in Miami and It serves as a backdrop for art and Is only 'staffed' during exhibits. Mr. Branning also suggested providing a corridor through the maker space. Ms. Gray had some concerns about the maker space being so large, stating that community input clearly stressed the need for artists' space. She also did not feel the multipurpose space should contain anything permanent for the film industry. Mr. Currie agreed the artists are the main consideration and that nothing was being added specific to the film industry. While if is large, Mr. Currie stated that the space can be subdivided based on demand. Also, Executive Director Jeff Costello noted that Mr. Branning's suggestion to put in a corridor along the side of the maker space would automatically decrease the size. Mr. Cox agreed with Mr. Branning about the glass block in the entry. Mr. Cox asked for clarification that "Art Cube" is signage. Mr. Currie said he envisioned the entry cube wail being poured in cement on the ground and then tilted up. The front elements would be 12" x 12" glass block within the concrete. Mr. Currie said that it was signage and would have to go through permitting but thinks it works for the building. Ms. Gray said she was not sure 'Art Cube' was the best name for the building, and that there is a great opportunity for a naming contest. Delray already has the Arts Garage and Artists Alley so it Is a chance to let the community choose a name. Mr. Branning stated steel should be used rather than concrete for the entrance feature. The board thanked Mr. Currie for the update. B. Presentation on CRA Office Expansion Conceptual Plan Mr. Prizlee introduced the item, which calls for expanding the existing CRA office space. He gave a brief overview, noting that there are twelve staff positlons currently with another position pending so additional office and meeting space is needed. He added that the integrity of the original historic home needs to be respected, so the proposed design is a modern facade that can be seen through. Jill Lanigan of Song & Associates Architects presented the conceptual plans, and indicated the need for additional workspace and conference /meeting space. She also stated that for these renovations state board approval would not be needed. Mr. Bernadel thought the plans were a good start, blending the old and the new and making it more functional while keeping the original design. He asked how long the project would takes and what kind, of inconvenience would be posed. Mr. Costello responded from nine months to a year for construction and maybe six month for permits. There will be some inconvenience. Mr. Prizlee stated that the cost for the one story addition would be approximately $500,000 to $700,000 and the second story would be another $200,000 to $300,000. With soft costs at 20 %, the cost would be around $1,000,000 to $1,500,000. Mr. Cox said he thought the first story renovations would suffice, but suggested the plans for the first floor should be modified. He felt the addition needs to be more consistent with the existing design, Mr. Prizles said that an elevator needs to be added to come up to code for handicapped, so it would be prudent to go ahead with the second story at the same time. Mr. Branning commented that while he recognizes the need for more space, the CRA does not want to create an iconic government office building which would draw unwanted attention. He K felt the proposed design is inappropriate and inefficient, particularly with the lobby area. The renovations would cost about $400 a square foot, and he did not support spending a million dollars for 2,600 square foot of office space. He suggested going out and looking for office space, maybe 5,000 or 6,000 square feet. Mr. Stevens expressed concern with the cost of the expansion considering these are public funds being used. Mr. Zacks asked about obtaining other space for that amount of money. Mr. Costello noted that 5,0006,000 square feet of office space is limited In the district. He asked where the board felt the CRA should be positioned in the area. Ms. Gray stated that she does not think the CRA will be growing in the next thirty years, and questioned being able to recoup the value if the current building is modernized. Additionally she felt such an iconic building would open the CRA for unwanted attention and believes the CRA should be positioned on West Atlantic Avenue. Mr. Stevens felt more information is needed regarding relocation. Mr. Costello said there could be some opportunities with th'e new West Atlantic development underway, and staff could bring more options to the February Board Workshop and present a Plan B for relocation. Mr. Branning felt there might be an opportunity with a future RFP for CRA owned property. Staff will bring some relocation options back to the board. C. Proposed Delray Beach Local Business Preference to City's Procurement Code Ordinance Economic Development Director Joan Goodrich presented the item. She. stated that 25 communities' procedures were researched as to what they do regarding supporting small and minority businesses in the context of procurement, economic development, and assistance. Working together with the City Manager's Office, City Attorney's Office, Finance Department, and the Office of Economic Development, the procedures were reviewed. As a result, ten recommendations for updating the purchasing and procurement policies and creating new local and/or small business preference were brought forward at a City Commission Workshop last November. Specifically, direction was sought on updating purchasing policies and considering giving direction on new local preference small business policy. Minority business preference cannot be.addressed as there has not been a recent Disparity Study. A draft of the ordinance has been provided in the board packets, and it grants a preference to local businesses responding to competitive solicitations with four specific methods by which the preference could apply. Local businesses would need to have a physical address within city limits, and it includes home offices but not post office boxes. They would also need a valid business license receipt. She noted that there was a business preference given in the 2014 Landscape Architect RFQ so the board has given this some consideration already. Mr. Branning stated his reason for giving 10 points for local business respondents to the 2014 Landscape Architect RFQ was because of the practicality of having job sites nearby. He stated that normally when a local preference policy is adopted it is to create an economic benefit with workers living and working and spending money within their municipality: - He suggested it would be important to know how much in dollars the city puts out for procurement that would meet the criteria in this draft ordinance and how much the city does locally and how much is not local. He feels this information will be valuable for evaluating the proposed ordinance, and noted that the IT Department could take the City's vendors list and sort it to gather useful data. Ms. Goodrich will bring data back to the board for further review. Ms. Gray is fully In favor of moving forward with the ordinance, and feels that an educational component is needed. She feels if one business is helped to get a local contract the program will be successful. Currently many small businesses don't respond because they can't compete. In order to be able to compete on bids, these small businesses will need assistance and education. Ms. Balestriere also acknowledged the need for an educational component, and asked about putting in plans to work with the small 3 businesses since they do not have an existing infrastructure. Mr, Cox thanked Ms, Goodrich for her participation In the process of coming up with the ten excellent recommendations. The Workshop was adjourned. Je I o, Exe utive Director 4 Herman Stevens, Board Chair Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer Jack Warner, CFO THROUGH: Donald Cooper, City Manager DATE: April 2, 2015 SUBJECT: AGENDA ITEM 11.A. - MEETING OF APRIL 21, 2015 ORDINANCE NO. 11 -15 (FIRST READING) BACKGROUND Staff recommends that the Commission, by majority vote: By motion, approve on first reading Ordinance No. 11 -15, creating a new Section 36.14 of the City's Procurement Code, by amending Chapter 36, to, among other changes, create a Section 36.14, "Local Business Preference." LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The City Commission directed staff on November 13, 2014 and reaffirmed on December 9, 2014 to propose a local business preference purchasing program. The ordinance defines a "Local Business" is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to solicitation and a physical address within the City from which the vendor lawfully performs and operates. In order to qualify for the preference, a Local Business must submit a certification statement defined in the ordinance. The ordinance grants a preference to Local Businesses responding to competitive solicitations made under Code Section 36.02 (A) Sealed Competitive Method, which applies to acquisitions and revenue contracts with value over $ 25,000. There are three specific methods by which the preference could apply: file: / //C : /Users /Ortegad/ Desktop / First% 20Reading% 20Memo %20for %200rdinance %20N... 4/23/2015 Page 2 of 2 (1) Competitive Bids. The City will give preference to a Local Business whose bid is determined to be within 5% or $5,000, whichever is less, of the lowest responsible and responsive bidder. The inverse applies for revenue generating contracts — the same preference will be applied by reference to the highest bid. (2) Requests for Proposals, Requests for Qualifications, and Requests for Letters of Intent using a quantitative selection. This provision applies when the selection utilizes a point system for evaluation of submissions. The City will give Local Businesses an additional 5% of the total points indicated in the evaluation criteria. As an example, if the solicitation utilizes a 100 point system, a Local Business would have the opportunity to earn up to a maximum of 105 points. (3) Requests for Proposals, Requests for Qualifications, and Requests for Letters of Intent using a qualitative ranking rather than a quantitative selection. This provision applies when the solicitation calls for proposals to be ranked rather than assigned numerical points. For all such solicitations, the City's Purchasing Department will include a Local Business preference in the evaluation criteria that is consistent with the intent of the ordinance. The ordinance further establishes a general policy for all other procurements, encouraging City departments and staff to utilize Local Businesses if possible. The Local Preference ordinance limits the applicability when more than 5% or $5,000, whichever is lower, separates the Local Business from the lowest responsive bidder. The Local Business preference exempts certain types of acquisitions, either because prohibited by law or as a matter of public policy (e.g., professional services subject to CCNA, contracts with governmental funding that prohibit local preference, emergency procurements, and piggyback procurements). Further, the ordinance includes a waiver provision, which allows the City Commission, by majority vote, to waive the Local Business preference should it determine the preference is not in the best interest of the City, as long as the determination is made prior to advertisement of the solicitation. OPERATING COST In FY 2014, local preference would have applied to 34 procurements each with a value greater than $25,000, and with total spending of approximately $ 5.6 million. Assuming the most costly case, that the maximal local preference price differential (the lower of 5 percent or $5,000) had occurred in every procurement, the cost to the city would have been approximately $100,000. In actuality, local venders were awarded approximately $3.5 million of total FY 2014 spending with no local preference operational. Thus the more realistic "worst case" additional cost to the City would have been approximately $ 37,000. RECOMMENDATION Staff recommends approval of Ordinance 11 -15. file: / //C : /Users /Ortegad/ Desktop / First% 20Reading% 20Memo %20for %200rdinance %20N... 4/23/2015 MEMORANDUM TO: Mayor and City Commissioners FROM: Lisa Hartman, Utilities Financial Services Manager Jack Warner, Chief Financial Officer THROUGH: Donald Cooper, City Manager DATE: April 20, 2015 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF MAY 5, 2015 ORDINANCE NO. 07 -15 (FIRST READING) BACKGROUND This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, Regular Charges Levied, to provide for changed residential and commercial collection service rates for the period June 1, 2015 through September 30, 2015. All fees are being amended, consistent with the City's recent award of its sanitation contract to Southern Waste Services, Inc. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The recently signed solid waste contract transfers to the contractor from the City the responsibility to provide and maintain rollout trash carts used by residential curbside cart service customers. This provides the City the opportunity to distribute to these customers an amount from the Sanitation Fund balance that represents some portion of the excess cart replacement fees collected, while leaving a prudent reserve sufficient to deal with unexpected cart- related future events. From 1997 through 2013, the City generated excess cart replacement fees of $1.7 million. Retaining $0.9 million for a complete replacement contingency leaves $860,000 to be refunded. The City does not have practicable access to records that identify individual customers who paid the excess fee during the collection period. Therefore, staff recommends that the residential curbside cart service rates be reduced by $3.21 per customer per month for the period June 1, 2015 through September 30, 2016, the point at which a contractually required CPI rate adjustment is scheduled, and at which point the rates will revert to normal levels. This would distribute $860,000 to the same class of customers from which it was collected. TIMING OF THE REQUEST Timely approval will permit necessary preparation for rates to become effective June 1, 2015. RECOMMENDATION Staff recommends that the Commission: By motion, approve on first reading Ordinance No. 07 -15, modifying Section 51.70, Regular Charges Levied, to provide for changed residential and commercial collection service rates for the period June 1, 2015 through September 30, 2015. ORDINANCE NO. 07 -15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR NEW RESIDENTIAL COLLECTION SERVICE RATES FOR THE REMAINING FY 2015; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to mad ust the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works ", Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service, unless the City has approved a different type of service and then each unit/ development shall be billed in accordance with the type of service that it is receiving: Charges for the below- described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roll -Out Carts Monthly Service Cost Per Unit Garbage Collection 4.57 Recycling 2.682.00 Yard Trash 1.19 Bulk Waste $1.19 Total Fees Contractor $11.97- 8.95 Cost Per Unit Administrative Fee .35 Franchise Fee (5 %) 4.-600.45 Less r Q_ D r- fedif -0.20 Total Fees $12.72 9.75 Rear -Door Owner Container Monthly Service Cost Per Unit Garbage Collection $4�48 $11.00 Recycling 42,68 $2.00 Yard Trash 0.00 Total Fees -- Contractor $22.74 $13.00 Administrative Fee 0.35 Franchise Fee {4 5% 4 $0.65 1 . s G 4_ T, Great -0.20 Total Fees ; $14.00 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage /Trash Collection -$ 4.57 ORD. NO. 07 -15 Recycling $2-.6.9 $2.00 Yard Trash $2-.6-9 $1.19 Bulk Waste $1.19 Total Fees -- Contractor $9.83$8.95 Administrative Fee .35 Franchise Fee (5 %) $9:49 $0.45 Less r Q_ D (-feed 0 Total Fees $40-4� $9.75 (B) Multi- Family Service Multiple - family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple - family monthly fees shall be based on a per -unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If the Contractor furnishes the roll -out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $- 3-33- 2.95 Recycling 2.00 3 ORD. NO. 07 -15 Total Per -Unit Fee -- Contractor 4.95 Administrative Fee 0.35 Franchise Fee (5 %) $0.25 T . s G 4_ P .-reds -9.49 Total Monthly Fees Per Unit *6-.54-L5.3 5 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi - family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners /operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner /operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) ORD. NO. 07 -15 Container Container Pickup Frequency (Per Week) Size 1 2 3 4 5 6 7 2 Yard 47.72 95.44 6 i9o.88 238.60 286.32 334.04 Collection 38.54 77.07 115.61 154.15 192.69 231.22 269.76 Disposal 0 73.05 97.40 121.75 , ^� 170.45 24.33 48.67 73.00 97.34 121.67 146.01 170.34 Container 49.40 49.40 49.40 49.40 49.40 49.40 49.40 Maintenance Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 94.47 463.54 235.64 307.68 379.75 454.82 523.89 Contractor 125.74 62.87 188.61 251.49 314.36 377.23 440.10 Fees Franchise Fee 44-,� 46.35 23.567 37.98 45.48 52.39 (10 %) 6.29 12.57 18.86 25.15 31.44 37.72 44.01 Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees i n� 480.24 259.52 338.80 448.0$ 497.35 576.63 69.51 138.66 207.82 276.99 346.15 415.30 484.46 3 Yard 74.57 Collection 57.81 115.62 173.43 231.24 289.05 346.86 404.67 Disposal 36.53 73.06 109.59 146.12 182.65 219.18 255.71 Container 24.44 24.44 24.44 24.44 24.44 24.44 24.44 Maintenance Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 429.54 237.64 345.74 453.84 564.94 670.04 778.44 Contractor 283.02 94.34 188.68 377.36 471.70 566.04 660.38 Fees Franchise Fee 42.95 23.76 34.57 45.38 56.49 67.90 77.84 (10 %) 9.43 18.87 28.30 37.74 47.17 56.60 66.04 Administrative .35 .35 .35 .35 .35 .35 .35 ORD. NO. 07 -15 Fee Total Fees 42 5 380.66 499.57 618.48 737.33 856.30 104.12 207.90 311.67 415.45 519.22 622.99 726.77 4 Yard 95.43 190.86 286.29 381.72 477.15 572.58 668.01 Collection 77.07 154.14 231.21 308.28 385.35 462.42 539.49 Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Container 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Maintenance Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 166.35 310.48 454.62 598.76 742.89 887.03 10 Contractor 125.78 251.55 377.33 503.11 628.88 754.66 880.44 Fees Franchise Fees 46.64 8 74.29 88.70 403.42 (10 %) 12.58 25.16 37.73 50.31 62.89 75.47 88.04 Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 483.34 344.88 500.43 658.99 847.53 976.08 4434.64. 138.71 277.06 415.41 553.77 692.12 830.48 968.83 6 Yard 443.45 286.30 429.45 572.60 745.75 858.90 4002.05 Collection 115.61 231.22 346.83 462.44 578.05 693.66 809.27 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Container 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Maintenance Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 244.74 457.95 674.46 890.37 4406.58 4322.719 4539.00 Contractor 188.67 377.34 566.01 754.68 943.35 1132.02 1320.69 Fees Franchise Fee 24.47 45.80 67.42 8904 440.66 432.28 453.90 (10 %) 18.87 37.73 56.60 75.47 94.34 113.20 132.07 ORD. NO. 07 -15 Administrative Pickup Frequency (Per Week) Size 1 2 35 .35 .35 .35 .35 .35 .35 Fee 8 2 4 4 �.69 Collection 48.15 Total Fees 266.26 504.10 741.93 979.76 1217.59 4455.42 1693.25 446.42 207.89 415.42 622.96 830.50 1038.04 1245.57 1453.11 97.34 146.01 194.68 243.35 292.02 340.69 Total 4;2.x; 8 Yard 490.87 2 8 929.44 Contractor Fee 96.82 Collection 154.15 308.30 462.45 616.60 770.75 924.90 1079.05 Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 Container 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Maintenance Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 345.37 603.66 894.94 4480.22 ^ 4 � 5T 4756.79, 20 Contractor 251.56 503.13 754.69 1006.25 1257.82 1509.38 1760.94 Fees Franchise Fee 34.54 60.37 89.49 448.02 446.85 475.68 204.54 (10 %) 25.16 50.31 75.47 100.63 125.78 150.94 176.09 Administrative 35 .35 .35. 35 .35 .35 .35 Fee Total Fees �7.26 664.38 984.45 4298.59 4645.74 4932.82 49.93 277.07 553.79 830.51 1107.23 1383.95 1660.67 1937.38 Commercial Ff-ent Lea Compacting Containers Container Pickup Frequency (Per Week) Size 1 2 3 4 5 6 7 2 Yard 39.67 44 44�9.04 8 2 4 4 �.69 Collection 48.15 96.30 144.45 192.60 240.75 288.90 337.05 Disposal �;.06 446.42 249.48 292.24 ;6540 4 ;8.;6 544.42 48.67 97.34 146.01 194.68 243.35 292.02 340.69 Total 4;2.x; 265.46 ;98.49 2 8 929.44 Contractor Fee 96.82 193.64 290.46 387.28 484.10 580.92 677.74 Franchise Fee 4-3-.27 26-53 49.42 5;.09 66,3�7 q9-.64 92.94 ORD. NO. 07 -15 10% 9.68 19.36 29.05 38.73 48.41 58.09 67.77 Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 146.35 292.36 438.36 5 Q� 730.37 Q "7� 10 106.85 213.35 319.86 426.36 532.86 639.36 745.86 3 Yard 89.50 479.09 268.50 358.00 447.50 537.99 626.50 Collection 72.22 144.44 216.66 288.88 361.10 433.32 505.54 Disposal i 09.59 219.18 328.77 438.36 547.93 657.54 767.13 73.00 146.01 219.01 292.02 365.02 438.02 511.03 Total 499.09 398.48 597.27 �-7nww 995.45 4 4 9 4.5 4 3 Contractor Fee 145.22 290.45 435.67 580.90 726.12 871.34 1016.57 Franchise Fee 49.94 39.82 59.73 79.64 99 449.45 439.36 10% 14.52 29.05 43.57 58.09 72.61 87.13 101.66 Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 249.35 438.35 657.35 876.35 4095.35 434434 4533.34 160.09 319.85 479.59 639.34 799.08 958.82 1118.58 4 Yard 449.33 238.66 357.99 477.32 596.65 745.98 835.34 Collection 96.30 192.60 288.90 385.20 481.50 577.80 674.10 Disposal 446.42 292.24 438.36 584.48 730.60 876-72 4$2.84 97.34 194.68 292.02 389.35 486.69 584.03 681.37 Total 265.45 530.99 796.35 4064.80 4327.25 4592.70 4858.45 Contractor Fee 193.64 387.28 580.92 774.55 968.19 1161.83 1355.47 Franchise Fee 26.55 53.09 79.64 406.48 432.73 459.27 485.82 10% 19.36 38.73 58.09 77.46 96.82 116.18 135.55 Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 292.35 584.34 876..34 4 4 68.3; 4460-32 4752.32 2044.32 213.35 426.36 639.36 852.36 1065.36 1278.36 1491.37 6 Yard 479.00 358.00 537.99 746.00 895.00 4074.014 4253.00 Collection 144.45 288.90 433.35 577.80 722.25 866.70 1011.15 Disposal 249.48 438.36 657.54 876.72 4095.90 4345.08 146.01 292.02 438.02 584.03 730.04 876.05 1022.05 Total 398.48 796..36 4 49 4.5 4 2 4990.90 2389.08 2787.26 Contractor Fee 290.46 580.92 871.37 1161.83 1452.29 1742.75 2033.20 Franchise Fee 39.82 79.64 449.45 459.27 499$9 238.94 278.73 10% 29.05 58.09 87.14 116.18 145.23 174.28 203.32 ORD. NO. 07 -15 Commercial /Multi - Family Rolloff Containers: Commercial /Multi - Family Permanent Roll -Off Containers: Permanent open -top roll -off container: $244.44 Two hundred thirty -one dollars and zero cents $231.00 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee Compactors: Two hundred thirty- one dollars and zero cents $231.00 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee The rates for commercial collection service shall include all charges and fees for the rental of mechanical containers except compactors. The rate for leasing a compactor shall be negotiated by the contractor and the customer. 15 Yard 50.00 $210.00 20 Yard $295.40-J210.00 ORD. NO. 07 -15 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 438.35 319.86 876.35 639.36 1314.34 958.86 1752.34 1278.36 2190.34 1597.87 2628.34 1917.38 3066.34 2236.87 8 Yard Collection 238.67 192.60 477.34 385.20 716.01 577.80 954.66 770.40 1193.35 963.00 1432.02 1155.60 1670.69 1348.20 Disposal 292.24 194.68 584-48 389.35 876.72 584.03 1168.96 778.71 1461.20 973.38 1753.44 1168.06 2045.68 1362.74 Total Contractor Fee 530.94 387.28 n i � 774.55 4592.73 1161.83 2423.64 1549.11 2654.55 1936.38 3485.46 2323.66 2710.94 Franchise Fee 10% 53.-09 38.73 4�8 77.46 459.27 116.18 242.36 154.91 265.40 193.64 348.55 232.37 374.64 271.09 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 5843 426.36 4468.35 852.36 4752.35 1278.36 2336.35 1704.37 2920.36 2130.37 3504.36 2556.38 4088.36 2982.38 Commercial /Multi - Family Rolloff Containers: Commercial /Multi - Family Permanent Roll -Off Containers: Permanent open -top roll -off container: $244.44 Two hundred thirty -one dollars and zero cents $231.00 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee Compactors: Two hundred thirty- one dollars and zero cents $231.00 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee The rates for commercial collection service shall include all charges and fees for the rental of mechanical containers except compactors. The rate for leasing a compactor shall be negotiated by the contractor and the customer. 15 Yard 50.00 $210.00 20 Yard $295.40-J210.00 ORD. NO. 07 -15 30 Yard $;45.40-J210.00 40 Yard $;9 -5.90- 210.00 Excludes commercial recycling containers and construction /demolition debris. Commercial 95 96- Gallon Cart Service (Does not apply to residential service) NOTE: The foregoing rates are based on forty -two dollars ($42.00) per ton ($2.81 per cubic yard), 10 ORD. NO. 07 -15 Pickups Per Week 1 2 3 4 5 6 Collection 2 25.00 50.00 75.00 100.00 .50 125.00 r 0 150.00 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 2.W 0.00 240 40 0.00 2 0.00 240 0.00 240 0.00 240 0.00 c Total Contractor Fees x-58 31.08 69.46 62.16 i � n 93.24 4;6.;2 124.32 469.99 155.40 20s48 186.48 Franchise Fee (10 %) 3.11 4.2 6.22 40.2 9.32 4;.6; 12.43 .99 15.54 2045 18.65 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees ;9:49 34.54 76..43 68.73 44;.;6 102.91 0 137.10 487.24 171.29 224.48 205.48 NOTE: The foregoing rates are based on forty -two dollars ($42.00) per ton ($2.81 per cubic yard), 10 ORD. NO. 07 -15 which is the ftntieipftted Solid Waste Authority tipping fee +e-6e effective October 1, 2014. NOTE: en City of Delray Beach buildings and locations shall be charged the �° eeffiffiefeiff! e__,. ~e ffi .v City Collection Service rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. The Contractor shall be allowed to charge the Smeift f-y4e s fftfes Rates for Special Collection Services, as set forth in Exhibit 47 3D of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City's franchise fee shall be applied to these rates. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. If passed on second and final reading, this ordinance shall become effective on +1-,e June 1, 2015. PASSED AND ADOPTED in regular session on second and final reading on this 19"' day of May, 2015. e€ jftftttftty, 20 4 4-. ATTEST: City Clerk First Reading Second Reading Cary Glickstein, Mayor 11 ORD. NO. 07 -15 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 17, 2015 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF MAY 5, 2015 ORDINANCE NO. 09 -15 (FIRST READING) BACKGROUND Ordinance No. 19 -14, approved by the City Commission in August 2014, amended Land Development Regulations (LDR), Section 4.6.9(E)(3), the In -Lieu of Parking Fee Program by combining Area 1 (Beach Area), and Area 2 (Downtown Core Area), renumbered the remaining areas and increased fees in accordance with the chart below. AREA ORIGINAL FEE AMENDED FEE 1 -Beach Area $18,200 $23,600 2 1 — Core Area $15,600 -3-2 — OSSHAD /PGW $7,800 $10,140 +3 — West Atlantic $4,000 $4,600 In addition to creating the new incentive areas, Ordinance No. 09 -15 corrects Ordinance No. 03 -15 which, with its adoption, inadvertently repealed Ordinance No. 19 -14 in its entirety, reverting LDR Section 4.6.9(E)(3) to its previous fees and area boundaries. During these deliberations, the Pineapple Grove Main Street Board suggested that the Artist's Alley and Osceola neighborhoods are in need of development incentive similar to Area 3 (West Atlantic Area). The City Commission, unable to change the ordinance before them, approved Ordinance No. 19 -14, directing staff to bring back an ordinance creating these two new incentive areas. The Community Redevelopment Agency has invested in small parking lots in these areas which will support any in -lieu of parking fee requests that may come forward in these areas. Ordinance No. 09 -15 is before the City Commission for approval creating Area 4 (Artist's Alley) and Area 5 (Osceola Neighborhood) priced similarly to Area 3 at $4,600 per space. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the In -Lieu of Parking Fee Program is not specifically mentioned in the Comprehensive Plan, it does not contradict the stated Goals, Objectives and Policies of the plan. In accordance with the attached minutes, the Parking Management Advisory Board, at its meeting of February 17, 2015, unanimously recommended approval of proposed LDR Modifications. Pursuant to the attached minutes, consensus of the Community Redevelopment Agency, at its meeting of March 12, 2015, was support of proposed LDR Modifications. In accordance with the attached minutes, the Downtown Development Authority, at its meeting of March 9, 2015, unanimously recommended approval of the proposed LDR Modifications. Minutes for the Pineapple Grove Main Street Board meeting of February 25, 2015 were not available at the time of this writing. However, the board unanimously recommended approval of the proposed LDR Modifications. Minutes for the Planning & Zoning Board meeting of March 16, 2015 were not available at the time of this writing. However, the board unanimously recommended approval of the proposed Ordinance No. 09 -15. It is noted, the Public Parking Fee, LDR Section 4.6.9 (E)(4), was also impacted by the adoption of Ordinance No. 03 -15. However, given the popularity of the In -Lieu of Parking Fee program, staff felt compelled to move this item forward outside the comprehensive parking plan scheduled for the May workshop. The rarely utilized Public Parking Fee program will be corrected through the Planning & Zoning Department with other "housekeeping" issues that will be brought forward at a later date. In consideration of the aforementioned, staff is recommending approval of Ordinance No. 09 -15. Attachments: • Draft Ordinance No. 09 -15 • DDA Minutes • CRA Minutes • PMAB Draft Minutes DISCUSSION The City Commission is being asked to approve Ordinance No. 09 -15 creating incentive areas within the In -lieu Of Parking Fee program and correcting the inadvertent nullification of Ordinance No. 19 -14. TIMING OF THE REQUEST This item is critical as it corrects LDR Section 4.6.9(E)(3) effecting the cost per space of in -lieu of parking fee spaces. RECOMMENDATION By motion, approve on first reading Ordinance No. 09 -15, creating the Artist's Alley and Osceola Neighborhood in -lieu incentive fee areas and correcting LDR Section 4.6.9(E)(3) - In -Lieu Of Parking Fee program. ORDINANCE NO. 09 -15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS ", SUBSECTION 4.6.9 (E), "LOCATIONS OF PARKING SPACES ", PARAGRAPH 3 "IN LIEU FEE" TO CREATE TWO NEW AREAS; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 16, 2015 and voted 5 to 0 to approve the amendments; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.9, "Off Street Parking Regulations, "Subsection (E), "Locations of Parking Spaces ", Paragraph (3), "In -Lieu Fee ", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) In -Lieu Fee: Subject to the limitations of this Section, new development, use conversion to existing buildings, building additions and /or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in- lieu of parking program. Required parking for exclusively residential development or residential components of mixed use developments are not eligible for this in -lieu option. A maximum limit of 30% of eligible required parking can be provided under this option, except for use conversions for which there is no maximum. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and /or studies. Payment of a fee in -lieu of required parking shall be pursuant to the following provisions. (a) The in -lieu fee is authorized only in the CBD and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in -lieu fee. The fee amount shall be based upon the location of the property for which in -lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map) . (1) Area 1: . Parcels located east of the Intracoastal Waterwav which are zoned CBD and parcels located west of the Intracoastal Waterway which are zoned CBD and which are not included within the Pineapple Grove Main Street area, West Atlantic Neighborhood, Block 69, and Area 4 and Area 5 as described in this section and parcels located in the Old School Square Historic Arts District (OSSHAD) - $23,660 per space. (2) Area 2: hie ,.a Guru „na whieh fffe net : ei..a,.a v _:*L:4q �_:e Parcels located within the OSSHAD zoning district, Block 69, and parcels located within the Pineapple Grove Main Street area which are zoned CBD - $10,140 per space. (3) Area 3: Pff feels leeffted within the OSS14 D 5-ening distf � . Parcels located within the West Atlantic Neighborhood which are zoned CBD - $4,600 per space. 2 ORD. NO. 09 -15 (4) Area 4: Parcels located south of NE 4d' Street, east of the north /south alley between NE 2nd and NE Yd Avenues, north of NE Yd Street, and west of the FEC Railroad that are zoned CBD - $4,600 per space. (5) Area 5: Parcels located south of SE 2nd Street, East of Swinton Avenue, north of SE 7d' Street and west of SE Yd Avenue that are zoned CBD.- $4,600 per space. ORD. NO. 09 -15 ORD. NO. 09 -15 r �C 1 J t ■IIY7C.� � E 1 11 1 �'NAI� ■ � � _ • 1 14� =1�1 II■ 1 EL. 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NO. 09 -15 (c) All proceeds from such a fee shall be used for parking purposes or pedestrian /bicycle infrastructure purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in -lieu fee is due upon issuance of a building permit. The in -lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in -lieu fee which is not paid in full at time of permit must enter into an In -Lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In -Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in -lieu parking fees including attorneys' fees and costs. In -Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In -Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three -year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in -lieu fees due, where adequate right -of -way exists adjacent to a proposed project for which an in -lieu parking fee has been approved, the applicant must construct additional on- street parking, not to exceed the total amount of spaces subject to in -lieu fees unless authorized by the City Commission. The applicant will be credited up to one -half of a parking space for each full parking space constructed within public right -of -way. (For example, the applicant requests to pay the in -lieu fee on 4 spaces; the applicant constructs 4 spaces in the right -of -way; the applicant must only pay the in -lieu fee for 2 spaces). Crediting of spaces constructed in the right -of- way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constructed in the public right -of -way which are required to meet the performance standards for new developments. ( Requests to allow in -lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. 5 ORD. NO. 09 -15 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12015. ATTEST: City Clerk First Reading Second Reading Cary Glickstein, Mayor 6 ORD. NO. 09 -15 DOWNTOWN DEVELOPMENT AUTHORITY MINUTES DOWNTOWN DEVELOPMENT AUTHORITY BOARD MEETING Monday — March 9, 2015 —12:00 Noon First Floor Conference Room. Delrav Beach Citv Hall 1. Call to order /Roll Call —12:00 Noon Members Present: Bonnie Beer, David Cook, Ryan Boylston, Mark Denkler, Frank Frione, Albert Richwagen, Seabron A. Smith Staff: Marjorie Ferrer, Laura Simon, Gail -Lee McDermott Others: Andrea Blade, Shawn Butters, John Ellis, Gene Fisher, Joan Goodrich, Henry Handler, Stephanie Immelman, Richard Jones, Julen Key, Jim Knight, Todd L'Herrou, John Morgan, Bradley Morton, Francine Ramaglia Ms. McDermott pronounced the requirements of the Florida "Sunshine Law" regulations and Palm Beach County Commission on Ethics Antitrust, Conflict of Interest compliance requirements. All Board Members confirmed compliance. Chairman invites guests to introduce themselves. 2. Agenda: Changes & Additions ACTION — Motion to approve the Agenda as presented: M. Denkler; 2nd: B. Beer. Motion carried unanimously. 3. Minutes for February 9, 2015 ACTION — Motion to approve the Minutes as presented: Frank Frione; 2nd: R. Boylston. Motion carries unanimously. 4. Financial Report of February — Bonnie Beer • Operation account: $16,086 • Money Market account: $349,695 • We're on budget Discussion ensued concerning payroll, staff raises, and the need to be watchful of the line item. ACTION — Motion to approve the Financial Report as presented: M. Denkler; 2nd: A. Richwagen. Motion carries unanimously. 5. Public Comments There were no public comments. 85 Southeast 4th Avenue, Suite 1o8, Delray Beach, FL 33483 Tel: 561-243-1077 Fax: 561-243-1079 6. DDA Staff and Progress Report for February — Marjorie Ferrer & Laura Simon M. Ferrer: • Placemaking • Highway construction is on schedule — paving and plants will come in quickly • Working with merchants 5th Avenue, North and South will still be an issue • SOFA —dealing with issues as they come up; we don't meet with private developers as we do the City developments; Isaac Kovner has his arms around the construction and lets me know about issues • Clean & Safe • Michael Coleman sends weekly updates —this Saturday the sidewalk tables are moved back one (1) foot — Code Enforcement has a night -time person who is handling this • The sidewalks are going from five (5) feet to six (6) feet for open space when the restaurants renew their licenses M. Denkler: Rather than six (6) feet from the street, it should be six feet from any obstruction. M. Ferrer: I sent a picture from Lakeland as to how they handle their cafes. M. Denkler: Some places have only three (3) feet. Who's responsible for coming up with that? M. Ferrer: Code Enforcement. LDR's were changed. Photographs were sent and it does work. • Economic Development o Video on Christmas Tree maintenance —on April Commission Workshop F. Frione: Send that video back to me. Has everyone seen the supplement report? Did we send it? M. Ferrer: The report was in last month's Board Packet. We are just beginning to learn what it would cost to buy the tree new. Kimley -Horn has a cost figure that does not match our tree. We will have all the information by the City Workshop. I'll resend all that information. • Recruitment and Retention • Meeting with developers who are proposing the Sundy House redevelopment • No recent meeting with Jeff Edwards Atlantic Crossing development • As people come to us requesting information we meet with them • Savor the Avenue — if you don't have reservations, we're sold out at this point • Data Base Management — working hard to update Cluster 4 — data requested, Joanne doing a great job o Community Meetings —we attend all that we should and more • Marketing • February had the heart - lighted displays up • Understand February was a good month for the merchants • Website performance — still over 50,000 visits and it keeps growing • Social Media — picked up 2,300 more fans, up to almost 40,000 fans; Instagram not quite as strong • The Guidebook is out — we think Delivery Dudes will be our system to deliver the guidebooks Downtown L. Simon: • Delray Beach is part of the "Happiest Seaside Town" from Coastal Living Magazine; the DDA website has a button to go to the site to vote so that we can track the votes that came through the DDA efforts. Please vote. This is a community effort. • Included analytics (in report) for Social Media with actual numbers 2 DDA Board Meeting Minutes for Monday, March 9, 2015 • Copy of the Newsletter F. Frione: DDA Facebook Page (on your report) got 1,100 new fans in one month? L. Simon: Yes. January was all fashion focus. February was merchant focused. Postings are integrated into conversations touching the entire District. RealTime Marketing monitors and handles analytics. 7. Committee Reports A. Public Safety — Sgt. Russ Mager, DBPD No report of given. B. PGAD — Pineapple Grove Arts District — Ryan Boylston • Gateway feature on 4th Avenue is moving along quickly • Prospect of a pocket park in the future with two benches and artwork • Banner poles need to be replaced or repaired — every pole is missing the lower arm that holds that banner out • Banner installations will begin on April 1 G. Fisher: We (PGAD) are willing to subcontract the work out (to repair the poles). C. Economic Development —Joan Goodrich, CRA /City • Update report submitted for DDA Board packets • Thank you to the DDA for their involvement and generosity in procuring speaker Peter Kageyama • Special events meeting will be held next Wednesday, March 18th at 9AM • The DDA has grown and nurtured Fashion Week — Kudos • A round table of featured Delray designers is scheduled — growing the economy D. PMAD — Parking Management Advisory Board — Albert Richwagen • Albert Richwagen was unable to attend the meeting; David Cook, alternate, sat in at the meeting. • We looked at the in lieu and incentives • 1 stated that we have rules and they need to be enforced; there is no enforcement on Sundays, legal holidays, Delray Affairs • Enforcement in Cluster 4 — Thursday and Friday, asked for beefed up Police patrols Discussion ensued: statement that the parking garages are not free to employees during the tennis tournaments; statement that garages charge all day during special events; opinion that with the construction there are construction workers taking up street space; two years ago we discussed employee passes; statement there will be a single purpose meeting — not at a Commission Meeting. E. Downtown Merchant Advisory Board — Mark Denkler • Meeting was February 24th at the Fairfield Inn • We were caught off -guard about no left -turns on Atlantic Avenue • Most businesses had a good month L. Simon: There will be a special events survey. M. Ferrer: Joan Goodrich is preparing a matrix for all event. 3 DDA Board Meeting Minutes for Monday, March 9, 2015 F. Greater Delray Beach Chamber of Commerce —Todd L'Herrou • Celebrating our 1,000 member; there had been a downturn, but we're coming back up • End of the month we'll launch DelrayBeach.com — working with Stephanie Immelman and Joan Goodrich for destination • ADA Seminars — revised fliers are coming out; seminar teaches ADA compliance for businesses • The Delray Affair — distributing posters to the businesses • There will be a rolling close • Vendors at Old School Square setting up on Thursday • The 400 Block set up change of last year does not have enough space for Fire Department; the vendors were unhappy, the traffic flow was bad — going back to both sides of the street but making large 20 -ft wide gaps M. Denkler: When you hand out the posters you should hand out a trouble- shooting phone number as well. D. Cook: There are four (4) new stores and managements — they have no idea what is going to happen. G. DBMC — Delrav Beach Marketine Cooperative — Stephanie Immelman • All of our events are off season and we're taking them off the streets • WARC — Wesley Plaza: May Music Month • PGAD — Ryan Boylston's idea: Grove Week in October • City is planning for July 4th — thinking about no closure • Destination Marketing: Happiest Seaside Town in Coastal Living • Moving Delray to California and LA to Delray as sister cities M. Ferrer: Marketing meeting at Spady — brought up what the DDA does. H. Citv Committees — Construction Updates — Mariorie Ferrer • Federal Highway • Brick sidewalks along 5th Avenue have been scheduled with underground utilities for Atlantic Crossing • Met with Police and Isaac Kovner — Police are expanding the area and want to know about new construction • The right turn at Walgreens (north Federal Highway) is clear again —the drain has been cleaned • SOFA o There is nothing new to report 8. City Reports A. Parking Management Advisory Board — Scott Aronson 1. Recommend Approval of Ordinance 09 -15 amending Land Development Regulation Section 4.6.9(E)(3) — In -Lieu Fee Creating The Artists Alley and Osceola Park Incentive Areas Presented at a later time during the meeting. 0 DDA Board Meeting Minutes for Monday, March 9, 2015 B. Planning & Zoning — Mark McDonnell The Planning and Zoning Department is processing the following petitions, which pertain to properties located within the Downtown Development Authority Area. Pursuant to LDR Section 2.4.2(C), this is your notice of our receipt of the applications. 1. The Fran Building, Class V Site Plan, 104 -106 Delancey Realty, LLC The property is located on the north side of East Atlantic Avenue between NE 3rd Avenue and NE 4th Avenue (321 East Atlantic Avenue). The property is zoned CBD (Central Business District) and contains an existing 3,589 sq. ft. one -story retail building which is occupied by Delray Art and Framing and part of Hand's Office Supplies. The development proposal involves the demolition of the existing retail building and construction of a one -story 4,332 sq. ft. new building to accommodate two retail bays. The building will be designed with new impact resistant Window /door storefront along the front elevation which includes significant architectural design elements consistent with neighboring retail stores. Other site improvements include the installation of paver bricks along the front entrance of the building to match the existing sidewalk; the installation of a street tree and ground cover planted within the 5' wide curb zone which is part of the required 15' wide sidewalk; and the installation of loading access and a screened trash and recycle bin refuse removal area located at the rear of the proposed building. Lighting and Refuse Collection: Refuse Collection: The development proposal includes an area located at the rear of the building and adjacent to the public parking lot where the refuse trash and recyclable rollout bins will be kept. This area will be screened with a 5' high concrete block wall and a metal gate. Lighting: Pursuant to LDR Section 4.4. 13(F)(4)(f)(2), building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. With respect to lighting, the applicant has provided wall mounted light fixtures details. The photometric plan submitted complies with all Foot Candle illuminations standards requirements. David Cook recused. • Property is north of Hand's, between Luigi's and Johnnie Brown's • 358 sq ft • Building will be razed • Future building will have two (2) bays • Future building will be 19.4 ft. high • Property instrumental in LDR changes • Will have brick pavers • Impact glass • Set back 15 feet • Loading will be in the back • 13.6 vested spaces — allowed — need 8 ft. • Staff supports the plan ACTION — Motion to approve the Class V Site Plan as presented: R. Boylston; 2nd: F. Frione. David Cook recused. Motion carries unanimously. DDA Board Meeting Minutes for Monday, March 9, 2015 2. The Metropolitan, Conditional Use and Class V Site Plan, Richard Jones The proiect is located at the northeast corner of SE 3 f Avenue and SE 1St Street and measures 0.929 acres and will accommodate a mixed -use buildine. The site comprises two (2) existine parkine lots currently utilized by SunTrust Bank which will be demolished. The proposal includes the following actions: Conditional use reauests: (i) To allow an increase in density in excess of thirty (30) units per acre (51.67 units per acre proposed): and (ii) To allow the building height to exceed 48 feet (57 feet proposed). A Class V Site Plan development proposal involves a proposed mixed -use commercial /residential development consisting of a 57 foot high, 5 -story building with forty -eight (48) "for sale" condominium units on the upper floors and .5,059 sq. ft. of retail /office bays the ground floor. The retail bays are located along SE 3rd Avenue and an air conditioned bicycle storage area is located on SE 151 Street. The proposed building includes a parking garage on the first and partial second story. Additionally, seven (7) parallel parking spaces will be provided off the rear alley and eight (8) parking spaces will be provided off -site to accommodate required parking for SunTrust Bank which is being removed with the Metropolitan development proposal. A subsequent Class II Site Plan Modification will be submitted for the eight -space off -site parking lot for SunTrust Bank. Pertaining to the site design the applicant has provided the following narrative "The proposal shows a modernistic style of architecture that includes design elements such as cantilevered overhangs, aluminum details, large windows, a feature spiral stair projected balconies and a large plaza. Additionally, the applicant has chosen to incorporate varying heights, step backs and recesses on the building to avoid the perception of a large mass. Street trees will be added along SE 3rd Avenue and SE 1St Street to further break down the mass and add shading." The narrative further states that the developer has chosen to include some of the suggestions for better downtown development presented by the Treasure Coast Regional Planning Council. "These items include the public accessible plaza ( ±3,143 sq. ft. (open to sky) measured from the new property line will be maintained by the developer and will be accessible to the public. The plaza will incorporate a fountain and sitting area and be ±8.3 of the post dedication developable site area. In addition, the Architect is providing for much wider sidewalks, and less than 8' wide at its narrowest point. The right -of -way will also be lined with street canopy trees which will have ample room to grow based on the generous building setbacks provided at ground level. The project will also seek to achieve Green Design Certification and incorporate (2) electric car charging stations and ample air conditioned bike storage for the residents. Perhaps one of the most significant contributions this project will bring is the "completion of the streetscape" along SE 3rd Avenue from Atlantic Avenue down to SE 2nd Street. Residents and visitors to the downtown would be able to walk from Osceola Park to Atlantic Avenue and back along well lit, wide sidewalks providing for a safer downtown experience. Vernacular access points are proposed for the development along the alley to the east (rear) as well as from SE 1St Street via a ramp. Pedestrian access is proposed via a lobby centrally located off the plaza area. The lobby is accessible from the ground floor garage parking area and the pedestrian sidewalk system along SE 3rd Avenue ". on DDA Board Meeting Minutes for Monday, March 9, 2015 Lighting and Refuse Collection: Lighting: The proposal will be evaluated as a part of the staff's CPTED (Crime Prevention Through Environmental Design) review. The Police Department will consider the lighting along the sidewalk along SE 3rd Avenue as well as sufficient lighting for the doors to the stairwells in the parking garage. A photometric plan has been submitted and is under evaluation. Refuse Collection: The proposal indicates the provision of a trash room, with recycling facilities which will be accessed from the alleyway. • Will connect Osceola Park to Atlantic Avenue — final link • Garage for parking • Trash room interior of building M. Ferrer: Is project required to street lighting? R. Jones: We will be using standard city poles. A. Richwagen: How many studio apartments? R. Jones: There are 50% one - bedrooms, all of which also have powder rooms and are up to 1,500 square feet. There are no efficiencies. B. Beer: Are pets allowed? How is the pet waste handled? Is there green -space for walking dogs? Are there refuse containers and bags? R. Jones: There is 5% green space; the urban plaza is 8% of the space - twice what is required. We could accommodate refuse containers. F. Frione: Does staff support this? M. McDonnell: Staff supports this. It's been waiting for a long time. M. Denkler: There are 48 units, is there additional parking? R. Jones: SunTrust has multiple parcels. The developers will build 15 spaces for SunTrust; 63 are included. D. Cook: Before the LDRs change, we were taken aback. It's important to know that staff supports it. ACTION — Motion to accept the Class V Plan and the Conditions to the LDRs for the plans: F. Frione; 2nd: R. Boylston. Roll Called. Motion carried unanimously. 9. New Business A. Downtown Trolley Grant Support Letter —Scott Aronson This item was placed in an earlier DDA Board approved letter. Board consensus approves a separate letter if it is needed. B. Fashion Week 2016— Laura Simon • Request for Board approval for DDA Staff to move forward on Fashion Week 2016 now rather than wait for Goals Setting Meeting approval • Overall Goal for enhancement — over achieved 0 90% increase in sponsors o Attendance was up o Media exposure +, ] :MME DDA Board Meeting Minutes for Monday, March 9, 2015 7 0 23,000 in -kind volunteer models o Participation — 30% merchant increase; 11 designers o Establishment of a fashion district • Survey: 0 30% increase of sales 0 99% responses were positive • Budget: o $18,000 income in sponsorship o $24,000 Expenses o $71,000 in -kind donations o $5,000 Final Cost ACTION — Motion to approve Fashion Week 2016: M. Denkler; 2nd: A. Richwagen. Motion approved unanimously. C. DDA Annual Report — Marjorie Ferrer • The draft is being passed about for your review • Mailing is first class so that we get address changes • The comment from Commissioner Petrolia about the Palm Beach County Appraisers most current list - she's asking for the City to do a separate survey M. Denkler: I think the results speak for themselves. M. Ferrer: There will be 330 condos, parking included. I'm working with Bob Mickla (City) for a list that includes city properties — the Community Center and City Hall are not included and that data is important. D. Twinkle Lights — Marjorie Ferrer • Working with Francine Ramaglia • Met with Pete Brandano • RFP will be around $50,000 • City funds set aside for a new electrician that was never hired • Light needs to match all the way through • We need a total redo of rope and twinkle lights on trees 10. Old Business A. Draft RFQ for Website- Laura Simon and Ryan Boylston • Draft version of Request for Quotes included in packet • Great deal of research and feedback on social integration • E -mail any updates, recommendations or changes or may want • Integrated into this were a company profile and location of business that the DDA Board requested — local business preferred Discussion ensued concerning setting up a grading system; decision on specific criteria; cost factors regarding future maintenance and support; future decision by collaborative committee; discussion using a grading system; process a re- design of the custom back end of current website; Maas Media welcome to apply— not unhappy with them; cost is close enough to reach the procurement policy requirements. DDA Board Meeting Minutes for Monday, March 9, 2015 B. Special Event Plan Update — Mariorie Ferrer • First meeting was last week; we will meet next week regarding the matrix • The second part: how we work together • All DDA tasks that involve the City • Marketing hardly any • City Goals setting meeting — recorded please look at it; the first several comments regarded the DDA C. Tree Rust Plan June Workshop Presentation — Marjorie Ferrer • We are waiting for the edited film • It will be on a future Commission workshop • If there is no care it will not last F. Frione: The storage is a mess. It can be preserved and has many more years of service left. Item 8A. Parking Management — Scott Aronson i. In -Lieu Fee Regulation Amendment Recommend Approval of Ordinance 09 -15 Amending Land Development Regulations Section 4.6.9 (E) (3) — In -Lieu Fee Creatine the Artists Allev and Osceola Park Incentive Areas Background & Analysis During an amendment of Land Development regulations (LOR), Section 4.6.9(E)(3) in July 2014, the City Commission approved modification including but not limited to reassessing in -lieu of parking fees and area configurations. One notable change was the combining of Areas 1 and 2 and the associated per space price increase. During presentations to various advisory board's it was recommended that two areas within the new Area 1, Artists Alley to the north and the Osceola Park neighborhood south of Atlantic Avenue, be changed to pricing schedules similar to the new Area 3 - West Atlantic Avenue, as these areas are still in need of development incentives. At the City Commission meeting of August 5, 2014 the commissioners supported the recommendation. However, as it was not included in the first reading of the ordinance, the recommended change could not be included s additional public notice would have been required. Therefore, staff is bringing the item forward to incorporate these changes providing much needed development incentive to these two areas, 4. The Artists Alley incentive area boundary is properties zoned CBD south of NE 4th Street; east of the north /south alley between SE 2nd and NE 3rd Avenues; north of NE 3rd Street; and west of the FEC Railroad. 5. The Osceola Park incentive area boundary is Properties zoned CBD, south of SE 2nd Street and west of SE 3rd Avenue. Attached for your review is a map of the areas described above. Although the recommendation is to price the areas the same as current Area 3, $4,600 per space, given their physical separation they are being numbered Area 4 and 5 respectively on the map listed in LDR Section 4.6.9(E)(3). The Community Redevelopment has been investing in the construction of parking lots in these areas to accommodate vehicles generated by local businesses, which will support in -lieu of parking requests in these In -Lieu incentive areas. N DDA Board Meeting Minutes for Monday, March 9, 2015 Review by Others The Parking Management Advisory Board, at its meeting of February 17, 2015 recommended approval of the request, although the area boundaries were slightly different. The Pineapple Grove Main Street Board, at its meeting of February 25, 2015 unanimously recommended approval of the proposal Staff Recommendation By motion, recommend approval of Ordinance 09 -15, amending Land Development Regulations Section 4.6.9(E)(3) creating Incentive Areas in the in -lieu of parking program, making spaces in the areas $4,600 each, by adopting 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 4.6.9(E)(3) of the Land Development Regulations. • PGAD Members commented that Artists Alley and Osceola Park are the same as West Atlantic • The areas will be referred to Areas 4 and 5 respectively • The In -Lieu was approved by PGAD • This will go to CRA this Thursday, March 12th • This will go to the City Commission for the next meeting Discussion ensued concerning the foreclosure in Artists Alley and any future ramifications; opinion that it will probably turn to residential in the future; statement that the CRA built parking lots in the areas; statement that the CRA parking lots are filled with employee parking; query if Osceola Park area is the entire piece going to SE 3rd Avenue. ACTION — Motion to approve the In -Lieu Fee Regulations Amendment as presented: M. Denkler; 2nd: R. Boylston. Motion carried unanimously. 11. Non - Agenda Items M. Ferrer: Going back to the situation with the DDA 1 Mil — we need to close the loop. Mike Listick, our pro -bono attorney, said to just write a letter advising the intent with no history. You have a copy of the proposed letter. DDA Board consensus to send the letter as is. L. Simon: Savor the Avenue is March 26t ". We would like some DDA Board members to be available to do some meet and greet with the patrons. It would be 5:30- 6:OOPM to mingle. M. Ferrer: This event gives approximately $100,000 additional monies to restaurants. 12. Board Comments No Board comments. 13. Adjournment Meeting adjourned at 1:55PM. Respectfully submitted, Gail -Lee McDermott Albert Richwagen, DDA Secretary DATE 10 DDA Board Meeting Minutes for Monday, March 9, 2015 If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and that, for such purpose, the person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. REGULAR MEETING MINUTES Thursday, March 12, 5:30 p.m. Environmental Services Training Room Delray Beach, EL 33444 STAFF PRESENT: Jeff Costello Kristyn Cox Scott Aronson Joan Goodrich Lori Hayward David Tolces Elizabeth Burrows Susan Shaw Candi Jefferson OTHERS PRESENT: Lloyd Hasner Sharon Blake Choli Aronson Deborah Wright 1. Call to Order Mr. Stevens calle Jim Knight Charlene Jones Dwayne Randolph Angela Randolph Bob Currie James Klaber Debbie Brooks Ed Brooks d the meeting to order at 5:30. 2. Roll Call Present: Herman Stevens, Annette Gray, Bill Branning, Paul Zacks, Joe Bernadel, Cathy Balestriere Absent: Reggie Cox 3. Approval of Agenda Mr. Zacks made a motion to approve the Agenda. Mr. Bernadel seconded the motion which passed unanimously. 4. Approval of the Minutes A. January 22nd Board Workshop Minutes Mr. Branning made a motion to approve the Minutes of the January 22nd CRA Board Workshop. Ms. Balestriere seconded the motion which passed unanimously. B. February 12 Board Meeting Minutes Mr. Bernadel made a motion to approve the Minutes of the February 121h CRA Board Meeting. Mr. Zacks seconded the motion which passed unanimously. C. February 26th Board Workshop Minutes Mr. Zacks made a motion to approve the Minutes of the February 261h Board Workshop Minutes. Mr. Bernadel seconded the motion which passed unanimously. 1 March 12, 2015 5. Public Comments on Non-Arienda and Consent Agenda Items Chairman Stevens asked for any public comments. There were none. 6. P &Z — A. LDR Amendment — Section 4.6.9 In -Lieu Parking Fee — Creation of Osceola Park and Artists Alley Incentive Areas Mr. Scott Aronson, Parking Management Specialist, presented the item creating Incentive Areas in the in -lieu fee parking program. In the designated areas of Artists Alley and Osceola Park, the spaces in those areas would be made $4,600. Ms. Balestriere asked if this request has been before any of the other advisory Boards. Mr. Aronson replied that it had and that it received approval from them all. The board consensus was in support of the request. B. The Metropolitan — Conditional Use and Class V Site Plan Senior Planner Candi Jefferson presented the item which is a request to increase density in excess of thirty (30) units per acre to 51.67 units per acre and to allow the building height to exceed 48 feet to a proposed 57 feet. The Site Plan development proposal involves a proposed mixed -use commercial /residential development consisting of a 57 foot high five story building with forty -eight "for sale" condominium units on the upper floors, and over 5,000 sq. ft. of retail /office bays on the ground floor. The proposed building includes a parking garage on the first and partial second story as well as other additional parking. One of the most significant contributions of this project is that it will bring the completion of the streetscape along SE 3rd Avenue. Residents and visitors to the downtown would be able to walk from Osceola Park to Atlantic Avenue along well lit, wide sidewalks providing for a safer downtown experience. Staff is recommending approval for the Conditional Use and Class V Site Plan. Ms. Balestriere questioned if the plans were consistent with the Downtown Master Plan. She also had concerns with the increased density and height and questioned if the City can continue to manage all the development. Ms. Jefferson stated that the level of service standards can be met with this new development according to Palm Beach County's School Concurrency, Traffic Concurrency and Waste Management. Mr. Richard Jones, Architect for the project, stated that the Master Plan was taken into account, and that both it and the Comprehensive Plan show the downtown can accommodate up to 7,000 residential units and Delray is not even halfway to that number. Mr. Branning had questioned if. the powerpoles would be placed underground, and Mr. Jones stated that as much of the existing overhead lines as possible will be put underground, including the front of the building along SE 3rd Avenue. Mr. Branning asked about the visibility of the cars in the interior parking, and Mr. Jones stated it will appear opaque. After discussing the item, the board recommended approval of the increase in height from 48' to 57', recommended denial of the increase in density from 30 units per acre to 51.67 units per acre; and supported a waiver to increase the percentage of one-bedroom units from 30% (14 units) to 50% (24 units). 7. Consent Agenda A. Economic Development Monthly Update, January 2015 B. DBMC Minutes for December, 2014 C. Temporary Use Agreement (TUA) with Randolph & Dewdney- Pineapple Grove D. Paint -Up & Signage Grants 1. Paint -Up & Signage Grant —Margaux Riviera (618 E. Atlantic Avenue) 2. 206 SE 2"d Street — Delray Beach LLC- Knight (206 SE 2 "d Street) 2 March 12, 2015 Ms. Gray requested that Item 7F1 be moved from the Consent Agenda into New Business, and Mr. Branning made a request to pull Item 7F2 as well. Chairman Stevens stated those items would be moved to beginning of New Business. Ms. Gray made a motion to approve the Consent Agenda as amended which was seconded by Mr. Zacks and passed unanimously. 8. Old Business A. Curb Appeal Grant— 710 SW 51" Avenue (Continued from 1122115) CRA Economic Development Manager Elizabeth Burrows presented the item. She reported that per the board request at the January 22nd meeting, the homeowner has agreed to move the fence closer to the house so the entire front yard is now open. The Board Chair asked for public comments. There were none. Ms. Balestriere made a motion to approve a Curb Appeal Grant for the property located at 710 SW 5th Avenue for an amount not to exceed $6,897.00. Mr. Bernadel seconded the motion which passed unanimously. 9. New Business 7F1 Funding Agreement for Communication & Marketing Services Spady Museum (EPOCH) CRA Executive Director Jeff Costello presented the item. At its meeting of January 22, 2015, the CRA Board reviewed the request from the Delray Beach Historical Society (DBHS) and the Spady Museum for the CRA to fund their marketing efforts and plans through September 2015 in an amount not to exceed $1,200 per month, per organization. The agreement will be in effect until September 30, 2015 and the CRA will provide funding as reimbursement for expenditures for communication and marketing services. The funds are to be provided on a monthly reimbursement basis at an amount not to exceed $1,200.00 per month for the term of this Agreement. The CRA will provide the funds following receipt of written documentation evidencing the communication and marketing services provided including, but not limited to monthly deliverables produced by the marketing firm. The Board Chair asked for public comments. There were none. Ms. Gray stated she pulled the item from the Consent Agenda for clarification given the marketing agreement was originally tied to an RFP to which the agency Spady now wants to do their PR was one of the respondents. She was concerned if protocol allowed this. Board Attorney David Tolces said that sufficient time has passed and Spady may retain anyone they like. Ms. Gray reported she had done a Roundtable with Spady and the other CRA marketing partners which went extremely well. Spady had sent a list of activities for which the funding would be used, and that list was updated at the Roundtable. Ms. Gray would like that updated list to be provided to staff and to be an exhibit in the Agreement. Ms. Gray noted that she feels Mosaic, Spady's chosen marketing firm, is more event oriented and that a more marketing oriented company would be preferable. Mr. Branning requested that the first paragraph of the Funding Agreement after Witnesseth: should read "Whereas increasing economic development through cultural opportunities within the Delray Beach Community Redevelopment Area is essential to the CRA's redevelopment plan (omitting and the mission of EPOCH)." Ms. Balestriere made a motion to approve the Funding Agreement for Communication and Marketing Services between EPOCH and the CRA with the revision Mr. Branning stated and the updated list of activities attached as an exhibit in an amount not to exceed $1,200 per month, expiring on September 30, 2015. Mr. Bernadel 3 March 12, 2015 seconded the motion which passed unanimously 7F2 Funding Agreement for Communication & Marketing Services Delray Beach Historical Society (DBHS) Mr. Costello presented the item. The Board Chair asked for public comments. There were none. Ms. Gray commented that she does not support the CRA having an agreement with the DBHS as they are not a part of the A -GUIDE process and therefore have no measurables in place. She further noted that the DBHS Executive Director had stated the money would be used for graphic design and she was not in favor of that as the use for CRA marketing funds. Mr. Zacks stated that the CRA is fulfilling an obligation which was made when the RFP was issued. Mr. Branning said he spoke with the Ms. Edwards, DBHS Executive Director, and that the funds would be used for more than graphic design, and further it is set up as reimbursement of funds so how funds are used is easily monitored. Mr. Branning made a motion to approve the Funding Agreement for Communication and Marketing Services between DBHS and the CRA, with the revision in the first paragraph under Witnesseth ( "Whereas increasing economic development through cultural opportunities within the Delray Beach Community Redevelopment Area is essential to the CRA's redevelopment plan ") in an amount not to exceed $1,200 per month, expiring on September 30, 2015. Mr. Bernadel seconded the motion which passed unanimously. Ms. Balestriere suggested having an intended uses list like the Spady Agreement to be attached as an exhibit. The motion was so amended to include the exhibit. Mr. Stevens questioned why the DBHS was not an A -GUIDE recipient. Mr. Costello said that for a long time the organization was fairly dormant, and that new applications for A -GUIDE funding are due in June and they are welcome to apply. CRA Finance & Operations Director Lori Hayward noted also that previously the DBHS budget was not large enough to qualify for the A- GUIDE. 9. A. Resolution No. 2015 -06 & Amendment No. 2 Purchase & Sale Agreement — DBCRA and Equity Enterprises Mr. Costello presented the item. The CRA issued an RFP for three properties in August of 2014, and Equity Enterprises was the sole respondent. The board awarded the RFP to Equity Enterprises with direction to staff to negotiate a contract under the current terms of Equity's proposal with the inclusion of two of the properties at 26 SW 6th Avenue and 20 SW 8 1 Avenue. This second Amendment includes the purchase price of $200,000 for those two lots. While there have been changes in the retail and office use allocation since the award to Equity of the original RFP in 2013, the overall square footage of commercial space is comparable to the original response and is not considered a substantial deviation. The Board Chair asked for public comments. Mr. Branning made a motion to approve Resolution No. 2015 -06 and Second Amendment to the Purchase and Sale Agreement mending the authorizing the sale and conveyance of the additional properties to Equity Delray, LLC.; providing for findings and determinations as required by Section 163.398(2), Florida Statutes that the conveyance of the subject property is for fair value; authorizing the proper person(s) designated therein to execute the agreement for purchase and sale, and all necessary conveyance documents including but not limited to instruments of conveyance and closing documents; providing for conflicts; providing for 4 March 12, 2015 severability; providing for an effective date. Mr. Bernadel seconded the motion which passed unanimously. B. Business Development Grants 1. Beachcomber Art — 900 East Atlantic Avenue, Suite Ms. Burrows presented the grant request from Beachcomber Art, and stated the business owners, Debbie and Ed Brooks, are present to answer any questions. This is a retail art gallery and studio offering unique beach and shell- themed creations. It moved to Delray from Boynton Beach, and has to date brought approximately two full -time equivalent positions to the CRA District with additional part -time sales positions being added during peak seasons. The Board Chair asked for public comments. Mr. Ed Brooks of Beachcomber Art thanked the CRA, said they love being in Delray Beach, and he especially wanted to acknowledge Elizabeth Burrows for her outstanding assistance. Ms. Gray made a motion to approve a Business Development Assistance Grant Agreement with Beachcomber Art, Inc. located at 900 E. Atlantic Avenue, Suite #13, for an amount not to exceed $6,000.00, to be paid in 12 equal monthly installments. Ms. Balestriere seconded the motion which passed unanimously. 2. Loic Autret Artisan French Bakery — 814 NE 6th Avenue Ms. Burrows presented the item, noting that Loic Autret Artisan French Bakery developed their client base as a vendor at the Delray Beach Green Market and are now able to expand their operations and open a business at 814 NE 6th Avenue. There will also be a cafe open for breakfast and lunch. The Bakery will provide the equivalent of 4.5 jobs. The Board Chair asked for public comments. There were none. Ms. Balestriere noted that this is the type of Mom & Pop business, along with Beachcomber Art, that come to Delray and verifies that Delray does encourage small business. Ms. Gray made a motion to approve a Business Development Assistance Grant Agreement with L'autret French Bakery, Inc. dlblal Laic Autret Artisan French Bakery, located at 814 NE 6th Avenue, for an amount not to exceed $6,000.00, to be paid in 12 equal monthly installments. Mr. Branning seconded the motion which passed unanimously. C. Lease Proposals for Muse House, 182 NW 6th Ave (Monogram Closet) Mr. Costello presented the lease proposal for Muse House for the Monogram Closet, an existing Delray Beach business. The space was advertised at $20 per sq. ft. The proposal is to lease this space at $16 a sq. ft. for four years. As the proposed lease rate is less than market value, a 3% escalator annually is recommended. It was noted that Teach, Play, Love Music, LLC dba Uptown Arts Conservatory, had submitted and subsequently withdrawn a proposal to lease the same space and would be working, so business is developing in this area.. However, they are negotiating with Spady to lease the Williams Cottage and the CRA to lease the CRA - owned commercial space across the street (135 NW 5th Ave). The desire is to be able to accommodate both businesses. The Board Chair asked for public comments. There were none. Mr. Branning commented about the lessor getting reduced rent and then applying for a Business Development Assistance Grant. Mr. Costello stated that they are not eligible to apply for the grant. Ms. Gray asked about the carrying costs on the building. Mr. Costello responded that the City maintains the landscaping, the outdoor lighting is minimal, and the lessor pays the 5 March 12, 2015 utilities. Staff can check on insurance and taxes. Mr. Zacks commented that the CRA is carrying the costs already and the building is empty, so the lease will be beneficial. Ms. Gray felt that $4 a sq. ft. is a significant discount off the market rate, so requested a personal guaranty from the business owner as well as a higher annual escalator. Mr. Stevens had no objections with the proposed lease. Mr. Branning commented that perhaps the escalator could be $1.00 per foot per year. Mr. Branning made a motion to authorize the CRA Attorney to prepare a lease agreement with The Monogram Closet for the CRA -owned property of 182 NW 5th Avenue at an amount of $16.00 per s.f. gross with an initial four -year lease, a $1 per s.f. escalator annually, with a personal guarantee of the lease from the owner of the entity, a deposit of first month, last month and security, and subject to other terms and conditions specified in the Notice to Lease. Ms. Gray seconded the motion which passed unanimously. D. ILA between the CRA & City - MicroEnterprise Program FY 2094 -15 Ms. Burrows presented the item which re- establishes the MicroEnterprise Program. This agreement includes a new set of guidelines which will make it easier to communicate eligibility criteria while ensuring that the CRA and DCBG dollars are segregated and only utilized for projects within their respective target areas. Under these new guidelines, the City and CRA would utilize a Loan Committee that will be formed by the consultant. She gave an overview of the program and guidelines. She stated the OED anticipates four applications in the 3`a quarter of this year and maybe more, with the loans ranging from $2,500 to $35,000 at 24% for a maximum of seven years, and they must be fully collateralized. The Board Chair asked for public comments. There were none. Mr. Bernadel thanked Ms. Burrows for a good presentation. He asked if any efforts were being made to assist non- English speaking applicants. Ms. Burrows said that staff would be able to provide translation services for the Creole- speaking population. Ms. Gray suggested the marketing materials also be printed in the three different languages, including Creole and Spanish. Mr. Branning had a question on page 2 of the program guidelines, 2.2 regarding loan eligibility. Ms. Burrows stated that there will be technical assistance available to help applicants become loan ready. All business training will be free, but there is a required investment of time (total of 6 hours, 3 nights at 2 hours a night) before a loan application can be pursued. Ms. Gray commented that the loan fund is too small and questioned the CRA paying $25,000 to a City staff person for handling administrative functions. Ms. Burrows noted that $25,000 was the amount agreed upon based on previous conversations between the CRA Executive Director, Community Improvement Director, and Economic Development Director, and that the administrative fee could be decreased in the future if needed. Ms. Gray agreed that while there might be more administrative work during the launch of the program, she doubts there will be as much time spent on administrative functions after the program is up and running. She suggested that the Neighborhood Services Administrator keep track of the time she spends on program administration, to help the board evaluate future administrative funding levels going forward. Ms. Burrows said that staff would ensure that tracking is in place. Much discussion ensued regarding various aspects of the program. Ms. Balestriere congratulated the Economic Development team on simplifying the program guidelines and thanked them for providing an overview presentation of the program. She suggested showing the presentation at a Chamber Board meeting, and to other groups. Ms. Goodrich commented that this year is a pilot and OED will want to coordinate with all CRA & City partners to spread the word and build a wide pipeline for potential applicants. She has already heard from some companies that would love to be part of a loan program. Ms. Gray suggested that if there are more applicants than loan dollars the overflow can be referred to the Center for Enterprise Opportunity, which is a CDFI 6 March 12, 2015 certified lender and has access to additional funding. Mr. Costello stated that funding amount could be re- evaluated based on the number of loans processed. Mr. Branning questioned what is meant by Performance Analysis as referenced in the program guidelines, and Ms. Burrows said it refers to how well a business is doing. He had some suggestions regarding the Guidelines: 1) Eliminate the bullet at the top of page 4 beginning "Provide goods and services to residents "; 2) On page 6, there was discussion regarding confidentiality of Loan Committee meetings and the requirements of the Sunshine Law. Mr. Tolces stated that the portions of the meetings dealing with the MicroEnterprise Loan Program applications need to be open to the public, and agreed to work with staff to insert the proper language in this section of the guidelines. He also noted that the consultant is under contract with the City, and that agreement likely includes a provision that requires them to comply with all state laws, which would include Sunshine standards. 3) On page 6, next to last paragraph should say "The City or CRA" rather "The City and CRA." 4) On page 8, under Loan Closing Procedures, the fifth bullet, "Verification of ownership of collateral must be conducted before disbursement of funds" should say "before closing of the loan ". 5) On page 9 regarding Payments and Collections Procedures, Mr. Branning suggested that the section be clarified and that language be added to require the payment of interest on delinquent loans. Mr. Branning made a motion to approve the Interlocal Agreement for FY 201.4 -15 between the Delray Beach CRA and the City of Delray Beach for the Delray Beach MicroEnterprise Loan Program. Ms. Gray seconded the motion which passed unanimously. Mr. Branning made a motion to adopt the Program Guidelines for the Delray Beach MicroEnterprise Loan Program as amended. Ms. Gray seconded the motion which passed unanimously. E. Request for CRA Funding — Federal Highway Street Light Pole & Fixture Removal Mr. Costello presented the item. He stated that the CRA received a request from the City to provide funding for the removal of the existing FPL street lights and poles located along NE /SE 5th and 6 t Avenues between NE and SE 2n Streets. This item had not been included in the request for bids for construction of the project. Chairman Stevens left the meeting at 7:45. Vice Chair Annette Gray took over the gavel and asked for public comments. There were none. Mr:. Branning inquired as to who the invoices would be made out to. Mr. Costello responded they would be billed directly to the CRA. He added that the CRA does not want to delay this project and also wants to be a good partner with the City. Mr. Branning made a motion to approve funding for the removal of the overhead FPL street lights and poles associated with the Federal Highway Beautification Project in an amount not to exceed $65,000, to be included in an upcoming budget amendment. Ms. Balestriere seconded the motion which passed unanimously. Chairman Stevens returned and took the gavel back at 7:50. F. Resolutions and associated Purchase & Sale Agreements: 1. No. 201502 - 29 SW 6th Ave (Temple) 2. No. 2015 -03 - 37 SW 7th Ave (Temple) 7 March 12, 2015 CRA Special Projects Administrator Kristyn Cox presented Items F1 and F2 which are Purchase and Sale Agreements for the acquisition of properties at 29 SW 6th Ave and 37 SW Ph Ave respectively. Both Purchase Agreements are contingent upon appraisals being obtained. In addition to the Purchase Agreements there is a Lease Agreement for Mrs. Temple's mother who currently resides at the property on SW 7th Avenue for a 6 month lease with no payments so that she can make other living arrangements. The Board Chair asked for public comments. There were none. Ms. Gray was not comfortable with no lease payments for six months. Mr. Stevens asked if the CRA had done this before. Ms. Cox and Mr. Costello referenced several other instances where that has been done. Mr. Zacks noted that in the lease agreement it allows for another six month extension at no charge if needed, and questioned why an extension of six more months payment free would be needed. Ms. Cox replied that the tenant has applied for senior housing which has a wait list so they wanted more time just in case there was a delay. Mr. Branning got confirmation that the plans are for the house to be demolished, so it will not be being used anyway. Mr. Costello noted that the CRA attempts to assist with displacement whenever possible. Mr. Stevens felt that six months was being benevolent, but that if another six months is needed the lessor would need to explain why they needed more time. Mr. Costello stated it might be more appropriate to limit the Agreement for six months only, given potential RFP opportunities. Mr. Branning suggested maintaining the liability insurance but not homeowners insurance. Mr. Costello said that the tenant would be responsible for the utilities, repair costs, etc. Ms. Cox felt the Temples would accept a six month lease and that she was comfortable the tenant would be able to relocate within that time frame. Attorney Tolces stated staff needs to check with the CRA's insurer regarding having a tenant in a property without maintaining property insurance. Board Consensus was to limit the term of the Lease Agreement to six months. Ms. Balestriere also requested that on page 4 of 8 in the Lease Agreement, B) 1) Purchaser shall "Be responsible for structural and roof repairs" be stricken from the Agreement. Also, on page 8 of 8, Diane Colonna's name needs to be removed for mailing notices and replaced with Jeff Costello. Mr. Branning made a motion to approve Resolution No. 2015 -02 and the Agreement for Purchase and Sale for 29 SW 6th Avenue with a purchase price of $120,000.00. Mr. Zacks seconded the motion which passed unanimously. Mr. Branning made a motion to approve Resolution No. 2015 -03 and the Agreement for Purchase and Sale for 37 SW 7th Avenue with a purchase price of $180,000.00. Mr. Zacks seconded the motion which passed unanimously. Mr. Branning made a motion to approve the Residential Lease Agreement between the CRA and Doris Jones for the property located at 37 SW 7th Avenue, with the stipulation that the lease term is not to exceed six months, that the lease payment be $1.00 per month, and that the cast of the property insurance be on the tenant, payable to the CRA, and the CRA will only maintain liability insurance. Mr. Zacks seconded the motion which passed unanimously. 3. No. 2015 -07 -- 28 SW 8th Ave (Gauff) Ms. Cox presented the Purchase & Sale Agreement for 28 SW 8th Avenue. This property is adjacent to CRA -owned properties to the west which are currently under contract with Equity Delray, LLC., and the sales price is contingent on an appraisal equal to or greater than the purchase price of $275,000. The Board Chair asked for public comments. There were none 8 March 12, 2015 Mr. Zacks made a motion to approve the Agreement for Purchase & Sale between the CRA and Corey Gauff for the property located at 28 SW 8th Avenue with a purchase price of $275,000. Mr. Branning seconded the motion which passed unanimously. 4. No. 2015 -05 -- 203 NW 5t" Avenue {DBCLT} Ms. Cox presented the item. She reported that at its January 8th meeting the CRA Board had authorized Staff and CRA Attorneys to negotiate a Purchase & Sale Agreement with the Delray Beach Community Land Trust (DBCLT) for conveyance of the property located at 203 NW 5t Avenue, based upon the framework of terms provided in their November 19, 2014 letter of interest, and that the appraiser retained is mutually agreed upon by both the CRA and the DBCLT. The Board Chair asked for public comments. There were none. Ms. Evelyn Dobson, Executive Director of the DBCLT, asked for clarification as to whether the CLT was required to purchase an environmental audit. Attorney Tolces said that is at the CLT's discretion, that it is not required. Mr. Bernadel made a motion to approve Res. No. 2015 -05 and the Agreement for Purchase & Sale with the Delray Beach Community Land Trust for the conveyance of the property at 203 NW 5th Avenue for $144,000. Ms. Gray seconded the motion which passed unanimously. 10. Other Business A. Comments by Commissioners Mr. Bernadel reported he had been contacted by an Attorney in relation to 700 West Atlantic in the Equity redevelopment parcel, and he referred him to the CRA Board Attorney so there was no conflict or exchange of information. B. Comments by Board Attorney Mr. Tolces reported that the eviction proceedings against Le Bon Gout had to be dismissed but have been refiled against the owner due to the fact that the business was closed for a certain period of time in violation of the lease. The attorneys have also been busy dealing with real estate transactions for the CRA. C. Comments by Executive Director Mr. Costello passed out a draft agenda for the next meeting as well as a draft of amendments to the CRA Procurement Manual so the Commissioners will have more time to review the changes. He reported that charrette will be held at the Delray Beach Center for the Arts on Saturday, March 21St. The CRA will be utilizing one of its consultants (RMA & Associates) to facilitate the meeting. Additionally, he updated the board regarding the Block 13 Alley situation, stating he has been working with the City and their attorney and a quiet title action has been filed which should result in a decision within 60 days. Lastly, each commissioner was given a copy of the new 2014 Annual Report which has been finalized with much help from Joan Goodrich working along with the Buzz Agency. D. Comments by Staff -None 11. Adjournment There being no further business the meeting was adjourned at 8:30. March 12, 2015 9 d'_� _i� Herman Stevens, Board Chair PARKING MANAGEMENT ADVISORY BOARD MINUTES TUESDAY, FEBRUARY 17, 20159 5:30 P.M. FIRST FLOOR CONFERENCE ROOM MEMBERS PRESENT: Bruce Gimmy Fran Marincola William Morse Peter Perri Brian Rosen David Cook STAFF PRESENT: Scott Aronson, Parking Management GUESTS /OTHERS: I. CALL TO ORDER: MEMBERS ABSENT: William Branning Gerald Franciosa Allen Huntington Albert Richwagen STAFF ABSENT: The meeting was called to order by Chairperson, Mr. Bruce Gimmy, at 5:30 p.m. II. APPROVAL OF THE AGENDA: Mr. Marincola made a motion to approve the agenda, seconded by Mr. Morse. Said motion passed unanimously. III. APPROVAL OF THE MINUTES: Mr. Morse made a motion to approve the minutes of September 23, 2014, seconded by Mr. Marincola. Said motion passed unanimously. Mr. Rosen made a motion to approve the minutes of October 28, 2014, seconded by Mr. Morse. Said motion passed unanimously. Mr. Morse made a motion to approve the minutes of November 25, 2014, seconded by Mr. Marincola. Said motion passed unanimously. IV. OLD BUSINESS: Mr. Aronson stated that the City Commission approved the in lieu for Sopra Centre, located at 110 East Atlantic Avenue on September 9, 2015. The City Commission approved the in lieu for Sonoma Grill on February 3, 2015. In addition, the SE 2nd Avenue Valet Queue has been relocated and expanded to five configurative spaces. V. COMMENTS BY CITIZENS: (non- agenda items) Parking Management Advisory Board February 17, 2015 Meeting Minutes Page 2 None VI. NEW BUSINESS: A. Recommend Approval of Text Amendment Modifying Land Development Regulations Section 4.6.9 (E) (3) In Lieu Parking Fee. Mr. Aronson stated that during an amendment of the Land Development Regulations LDR, Section 4.6.9 (E)(3) in July 2014. The City Commission approved modifications including but not limited to reassessing in lieu of parking fees and area configuration. One notable change was the combining of areas one (1) and two (2) and the associated per space price increase. During presentation to various advisory boards, it was recommended that two (2) small areas within the new area one (1) be changed to pricing schedules the same as current area three (3), at $4,600 per space, as these areas are still in need of incentives to entice development. The Artist Alley incentive area boundary is NE 4th street to the North; NE 3rd Avenue to the West; FEC Railway corridor to the East and NE 3rd street to the South. • The Osceola Park incentive area boundary is SE 3rd street to the North; SE 1st Avenue to the West; FEC Railway corridor to the East and just shy of SE 7th street to the South. At the City Commission meeting of August 5, 2014 the Commission supported the recommendation. However, as it was not included in the first reading of the Ordinance, the recommended change could not be included as additional public notice would be required. Therefore, staff is bringing the item forward to incorporate these changes providing much needed development incentive to these two 2 small areas and recommending they be noted simply "Incentive Areas" on the map listed in LDR Section 4.6.9 (E)(3). The items will be presented to the Community Redevelopment Agency, the Downtown Development Authority, the Pineapple Grove Main Street Board, and the City Commission at their upcoming respective meetings. Staff recommends approval of the proposed modifications to LDR Section 4.6.9 (E)(3) in lieu fee creating the Incentive Area in the Osceola Park and Artist Alley areas, pricing spaces at $4,600 per space. Mr. Marincola moved to approve the proposed modifications to LDR Section 4.6.9 (E)(3) in lieu fee. The motion was seconded by Mr. Morse and passed 6 -0. B. 2015 Meeting Date. Board members accepted the meeting dates as presented by staff. The meeting in November will be held on November 17, 2015, and the meeting in December will be held on December 15, 2015 due to the holidays. Parking Management Advisory Board February 17, 2015 Meeting Minutes Page 3 VII. COMMITTEE REPORTS ON PARKING RELATED ISSUES: Board members presented a brief status report of items taking place on their respective Boards. Mr. Peter Perri stated that Equity Group is modifying the proposal to accommodate a grocery store. Mr. David Cook stated that the Merchant meeting is February 24, 2015 at the Fairfield Hotel starting at 8:30 a.m. In addition, there is a Merchant Association. One of the main goals of the Downtown Development Authority is to promote safe programs; rules are in place but are not being enforced. At this time, the board had a discussion regarding sidewalk cafe, parking enforcement, promotion of the upcoming Bacon and Bourbon Festival and parking being waived, etc. Mr. Aronson stated he will look into the upcoming festival and will get with the Police Department. Mr. Gimmy requested to have the citation report included for the next meeting. V. NON - AGENDA ITEMS: None. A. Comments by Staff None. There being no further business, Mr. Gimmy, declared the meeting adjourned at 6:25 p.m. Advisory Board Liaison The undersigned is the Secretary of the Parking Management Advisory Board and the information provided herein is the minutes of the meeting of said Parking Management Advisory Board on February 17, 2015, which minutes were formally approved and adopted by the Board on , 2015. ATTEST: CHAIR Advisory Board Liaison 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 Parking Management Advisory Board. They will become official minutes only after review and approval, which may involve some amendments, additions or deletions. S /City Clerk/Boards /Parking Management Board/minutes