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06-16-15 Regular Meeting Agenda
City of Delray Beach • Regular Commission Meeting Tuesday, June 16, 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 lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 -Fax: (561) 243-3774 www.mydeiraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: A. Motion to Approve minutes of the January 20, 2015 City Commission Regular Meeting. 4. PRESENTATIONS: A. Spotlight on Education—Green Living Technologies 5. 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. 6. AGENDA APPROVAL 7. CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 33-15 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS)/42 PALM SQUARE): Motion to Approve a tax exemption request for eligible improvements to the property located at 42 Palm Square within the Marina Historic District; and Motion to Approve Resolution No. 33-15. B. SERVICE AUTHORIZATION NO. 12-12/KIMLEY-HORN AND ASSOCIATES INC./FOUR-WAY STOP SIGN WARRANT STUDIES: Motion to Approve Service Authorization No. 12-12 with Kimley-Horn and Associates, Inc. (RFQ No. 12-06) in the amount of $7,900.00 for the completion of four-way stop sign warrant studies at the intersections located at N.W. 3rd Street and N.W. 10th Avenue; and N.W. 2nd Street and N.W. 8th Avenue. This is 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 334-3162-541-31.90 (General Construction Fund: Streets, Alleys, Sidewalks/Transportation/Professional Services/Other Professional Service). C. CONTRACT RENEWAL (BID NO. 2013-33)/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC./LANDSCAPE MAINTENANCE AT ATLANTIC AVENUE GATEWAY FEATURE: Motion to Approve a one-year (1) contract renewal (Bid No. 2013-33) to Complete Property Services of South Florida, Inc. in the amount of $29,180.00 for landscape maintenance at the Atlantic Avenue Gateway Feature. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(A), "Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or Greater." Funding is available from 119-4144-572-46.40 (Beautification Trust Fund: Parks and Recreation/Repair & Maintenance Services/Beautification Maintenance). D. HOUSING REHABILITATION GRANT/CONTRACT AWARD FOR 221 S.W. 151H-- AVENUE: Motion to Award one (1) Housing Rehabilitation contract through the State Housing Initiatives Partnership Program (,SHIP) to the lowest responsive bidder, Cordoba Construction Company, Inc. for 221 SW 15th Avenue in the amount of $33,182.70. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 118-1924-554-49.19 (Neighborhood Services Fund: SHIP Program—State Grant/Housing Rehabilitation). E. HOUSING REHABILITATION GRANT/CONTRACT AWARD FOR 508 S.W. 6TH AVENUE: Motion to Award one (1) Housing Rehabilitation contract through the State Housing Initiatives Partnership Program (SHIP) to the lowest responsive bidder, Cordoba Construction Company, Inc., for 508 SW 6th Avenue in the amount of $34,659.10. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 118-1924-554-49.19 (Neighborhood Services Fund: SHIP Program—State Grant/Housing Rehabilitation). F. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Motion to Approve the School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Learning Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompe and the Community Center. G. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Motion to Approve Continue-to- Care Afterschool Program Provider Agreement between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. H. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Motion to Approve submission of an application for funding in the amount of $34,516.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program to support the Holiday Robbery Task Force,which reduces crime during the Holiday Season. I. PROCLAMATIONS: 1. Parks and Recreation Month—Jules 2. Summer Learning Day—June 19, 2015 J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Motion to Accept the actions and decisions made by the Land Development Boards for the period May 18, 2015 through June 5, 2015. K. AWARD OF BIDS AND CONTRACTS: 1. Motion to Approve a bid award to Gator Landscaping and Irrigation, Inc. (Bid No. 2015-39) in the amount of$36,233.52 for lawn maintenance to seventeen (17) dry storm water retention areas and one (1) wet water retention area. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method". Funding is available from 448-5416-538-34.90 (Storm Water Utility Fund: Storm Water System Maintenance/Physical Environment/Flood Control/Other Contractual Service). 8. REGULAR AGENDA: A. CONDITIONAL USE REQUEST/UPTOWN ATLANTIC/WEST ATLANTIC AVENUE NEIGHBORHOOD: Consider a conditional use request for Uptown Atlantic, to allow density exceeding twelve (12) dwelling units per acre in the West Atlantic Avenue Neighborhood for a mixed-use project located on the south side of West Atlantic Avenue between S.W. 6th Avenue and S.W. 9th Avenue. (Quasi-Judicial Hearin B. REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU FEE/1109 WATERWAY LANE: Consider a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1109 Waterway Lane within the North Beach Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Waterway Lane. (Quasi-Judicial Hearing) C. REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU FEE/1046 MELALEUCA ROAD: Consider a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1046 Melaleuca Road within the Seagate Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Melaleuca Road. (Quasi-Judicial Hearing) D. REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU FEE/960 SOUTH OCEAN BOULEVARD: Consider a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 960 South Ocean Boulevard within the Seagate Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Hibiscus Road. (Quasi-Judicial Hearing) E. REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU FEE/812 SEASAGE DRIVE: Consider a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 812 Seasage Drive within the Seagate Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Seasage Drive. (Quasi-Judicial Hearin F. REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU FEE/1209 SEASPRAY AVENUE: Consider a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1209 Seaspray Avenue within the North Beach Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Beach Drive and Seaspray Avenue. (Quasi-Judicial Hearing) G. REQUEST FOR SIDEWALK RELIEF IN THE FORM OF A WAIVER/524 ANDREWS AVENUE: Consider approval of a request for sidewalk relief in the form of a waiver for the proposed residence located at 524 Andrews Avenue within the North Beach Overlay District to eliminate the requirement for a 5' sidewalk along the south side of Harbor Drive. (Quasi-Judicial Hearing) H. RETROACTIVE PROFESSIONAL SERVICES AGREEMENT/THOMPSON & YOUNGROSS ENGINEERING CONSULTANTS/DESIGN SERVICES FOR FIRE STATION NO. 5: Motion to retroactively pprove a Professional Services Agreement with Thompson & Youngross Engineering Consultants in the amount of $9,000.00 for professional engineering and design services related to Fire Station No. 5 Generator Upgrade Project, Project No. 14-011. 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", and Section 36.02(C)(3), "Professional Services". Funding is available from 334-2311-522-64.90 (General Construction Fund: Fire/Machinery/Equipment). L BID AWARD/L.V. SUPERIOR LANDSCAPING, INC./LANDSCAPE MAINTENANCE BID NO. 2015-47: Motion to Approve a bid award to L.V. Superior Landscaping, Inc. in the amount of$77,190.00 for a one-year term, with two additional one-year renewal options, to provide landscape maintenance in the Atlantic Avenue I-95 Interchange, Linton Blvd I-95 Interchange and S.W. 101h- Underpass. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 119-4144-572- 46.40 (Beautification Trust Fund: Parks & Recreation/Repair & Maintenance Services/Beautification Maintenance). J. INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING/REPLACEMENT SOD AT OLD SCHOOL SQUARE PARK: Motion to Approve and authorize the City Manager to sign the Interlocal Agreement with the Community Redevelopment Agency (CRA) to provide funding for the replacement of the sod at Old School Square Park. K. AMENDMENT NO. 3 TO MANAGEMENT AGREEMENT WITH DUBIN AND ASSOCIATES, INC./MUNICIPAL TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB: Motion to Approve Amendment No. 3 to the management agreement between Dubin and Associates, Inc. and the City of Delray Beach to reimburse them bi-weekly for their payroll costs and the addition of language to allow for auditing, inspector general and public records. L. AMENDMENT NO. 3 TO MANAGEMENT AGREEMENT WITH BJCE, INC./MUNICIPAL GOLF CLUB AND LAKEVIEW GOLF CLUB: Motion to Approve Amendment No. 3 to the management agreement between BJCE, Inc. and the City of Delray Beach to reimburse them bi-weekly for their payroll costs and the addition of language to allow for auditing, inspector general and public records. M. SCHOOL CROSSING GUARD CONTRACT/ACTION LABOR D/B/A STAFFING CONNECTION: Motion to Approve a contract award to Action Labor d/b/a Staffing Connection for school crossing guards in an amount not to exceed $48,000.00 from July 1, 2015 through October 31, 2015, via a piggyback contract utilizing the City of Palm Beach Gardens' RFP No. 2010-003. This 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 001-2115-521-34.90 (General Fund: Other Contractual Services). N. RESOLUTION NO. 35-15: CREATION OF THE PURCHASING DEPARTMENT: Motion to Approve the City Manager's designation of a Purchasing Department pursuant to Section 32.01 of the Code of Ordinances of the City of Delray Beach; providing an effective date. O. BID AWARD/SLAVIN MANAGEMENT CONSULTANTS/EXECUTIVE SEARCH AND RECRUITING SERVICES: Motion to Approve a contract to award RFP 2015- 51, Executive Search and Recruiting Services, to Slavin Management Consultants for the twelve (12) months following contract execution. The cost per recruitment will be a fixed fee of$15,800.00 and up to $7,900.00 in reimbursable expenses for a total not to exceed $23,700.00 per recruitment. At this point, the City anticipates using these services for a maximum of five recruitments for the twelve (12) months annual maximum not to exceed $118,500.00 including expenses. P. ROSA GIESMAN AND MICHAEL GIESMAN V. CITY OF DELRAY BEACH: Consider an offer made by one of the Plaintiffs, Rosa Giesman, to settle her pending personal injury case against the City in the amount of$100,000.00. Q. DISCUSSION: STATUS OF AUBURN TRACE, LTD. BANKRUPTCY CASE NO. 15-10317-PCH: Mr. Robert Furr, Special Bankruptcy Counsel, will provide an update on the status of the case and to discuss potential next steps. R. NOMINATION FOR APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Nomination for appointment of one (1) regular member to serve on the Community Redevelopment Agency Board for a four (4) year term ending July 1, 2019. Based on the rotation system, the nomination for appointment will be made by Vice Mayor Petrolia (Seat#1). S. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD: Nomination for appointment of two (2) regular members to serve on the Downtown Development Authority Board for three year terms ending July 1, 2018. Based on the rotation system, the nomination for appointment will be made by Deputy Vice Mayor Jacquet (Seat#2) and Commissioner Katz (Seat#3). 9. PUBLIC HEARINGS: A. NONE 10. FIRST READINGS: A. ORDINANCE NO. 12-15 (FIRST READING): Motion to Approve Ordinance No. 12- 15, Adopting a Small-Scale Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac,) to CC (,Commercial Core), pursuant to the provisions of the "Community Planning Act", Florida Statutes Section 163.3187, for land located on the west side of S.W. 6th Avenue, 334 Feet south of West Atlantic Avenue, and land located on the east side of S.W. 7th Avenue, 365 Feet south of West Atlantic Avenue, as more particularly described herein, and rezoning and placing said land presently zoned RM (Medium Density Residential) District to CBD (Central Business) District; amending "Zoning Map Of Delray Beach, Florida, February 2015"; providing a General Repealer Clause, A Saving Clause, and an effective date. If passed, a Public Hearing will be held on July 7, 2015. B. ORDINANCE NO. 13-15 (FIRST READING): Motion to Approve Ordinance No. 13- 15, amending the Land Development Regulations of the Code of Ordinances, by amending Subsection 4.5.1(E)(6), "Relocation," to establish Regulations and Guidelines regarding the relocation of buildings or structures within, to, or from Historic Districts or Sites; by enacting Section 7.10.11, "Historic Structures," to establish a historic structure relocation bond, and to provide for forfeiture of same for failure to successfully relocate a historic structure; providing a Saving Clause, a General Repealer Clause, and an effective date. If passed, a Public Hearing will be held on July 7, 2015. C. ORDINANCE NO. 14-15 (FIRST READING): Motion to Approve Ordinance No. 14- 15, amending the Land Development Regulations of the Code of Ordinances, by Repealing Subsection 4.5.1(E)(7), "Demolition"; by renaming and amending Subsection 4.5.1(F), "Restrictions On Demolitions," to amend Regulations and Guidelines regarding the Demolition of Historic Structures, to require the submission of a Demolition Plan, to require that property owners applying for Demolition Permits take certain steps to Document, Salvage, and Record Historic Structures, to establish additional requirements for demolition of more than 25 percent of a contributing or Individually Designated Structure; by amending Subsection 4.5.1(G), "Unsafe Buildings," to require the Chief Building Official to provide the Historic Preservation Board with documentation regarding any structure within a designated historic site or designated historic district that is unsafe; providing a Saving Clause, a General Repealer Clause, and an effective date. If passed, a Public Hearing will be held on July 7, 2015. D. ORDINANCE NO. 15-15 (FIRST READING): Motion to Approve Ordinance No. 15- 15, amending the Land Development Regulations of the Code Of Ordinances, by amending Section 4.7, "Family/Workforce Housing" to provide the City Commission with the discretion to determine the most appropriate means of meeting the Workforce Housing requirement for each applicant; providing that the applicant must elect the Preferred Option for meeting the Workforce Housing requirement at the time of application for Conditional Use approval; providing a Saving Clause, a General Repealer Clause, and an effective date. If passed, a Public Hearing will be held on July 7, 2015. E. ORDINANCE NO. 17-15: CIVIL RIGHTS: Motion to Approve Ordinance No. 17-15, Amending Title 13, "General Offenses", of the Code Of Ordinances, by creating a new Section 137, "Civil Rights", providing for Non-Discrimination within the Cites providing a General Repealer Clause; Saving Clause; and an effective date. If passed, a Public Hearing will be held on July 7, 2015. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission i MEMORANDUM r TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: June 2, 2015 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF JUNE 16,2015 JANUARY 20,2015 REGULAR CITY COMMISSION MINUTES JANUARY 20, 2015 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, January 20, 2015. 1. Roll call showed: Present - Vice Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent- None 4^:,11 Also present were - Donald 1Cooper, City Manager Noel Pfeffer, City Attor ey Chevelle D. Nubin, 1 y lerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPRj UTES. 5. A70fteS ENTATIONS: S.A. nizing and Commending Diane Colonna, Executive Director of the Community Redevelopment Agency, for over 30 years of service in Public Administration 4 May Glickstein recognized and commended Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) for her outstanding contributions to improving and revitalizing conditions within the Delray Beach Community Redevelopment area, and enhancing the quality of life for the City of Delray Beach's residents, non-profit organizations and business community, and wished her well in her future endeavors. S.B. Spotlight on Education - Plumosa School of the Arts and Carver Middle School 01/20/15 Cathy Reynolds, Principal of Plumosa School of the Arts, introduced the chorus from Plumosa School of the Arts who came forward and sang a few songs for the City Commission. Ms. Reynolds gave a brief presentation regarding Plumosa School of the Arts. Kiwana Alexander-Prophete, Principal of Carver Middle School, stated Carver Middle School has been known for their IB/MYP Program. Ms. Prohpete stated two (2) programs that Carver has offered this year are AVID (Advanced via Individual Determination) for those students who have the ability to go on to college level courses but for some reason they may feel that they have the aptitude or the skillsets to do so. She stated this is a small program that starts with twenty (20) of the 7th graders and will eventually move to 8th grade and 6th grade. Ms. Prophete stated they engage the students in college ready activities and coursework. In addition, Ms. Prophete stated Carver has a Pre-Technology Program which opened this year and next year it will open up to all the students in a zoned area. This is a component Pre-Technology Academy which is the Robotics Program. 6. 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 previous comments with respect to Linton Boulevard, the City Manager stated the County has agreed to delay the paving of Linton Boulevard and meet with Human Powered Delray (HPD) bicycle activists to see if they can accommodate their concerns. However, the City Manager stated there were no promises made at that time. 6.11. From the Public. 6.11.1. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483 (Chairman of S.A.F.E.), congratulated City Manager Donald Cooper in working with the County Administrator to delay the repaving efforts which will now be done in May or June rather than during peak season. In addition, Mr. Smith stated Mr. Cooper was able to get a commitment from the County to work with the stakeholders in Delray Beach in the short run and long run to design a safer road. Mr. Smith stated roads can be made safer even if it means erecting a sign that says "Unsafe for Bicyclists to Ride in the Road" and also suggested that the County put up reflectors to outline the lanes so that at night and in the rain that people will know where the travel lanes are, and re-stripe the cross intersections to make them better. Secondly, Mr. Smith commented about the traffic congestion and suggested that the City contact the FEC and All Aboard Florida and requests a road to go through 3rd Street north and south so that we have more streets that will dissimilate the traffic. 2 01/20/15 6.B.2. Karen Granger, President and CEO of the Greater Delray Beach Chamber of Commerce,introduced the 2015 Chairman of the Board Dan Castrillon. Secondly, Ms. Granger stated last week the Chamber started publishing an open letter to the community to spark some good conversation in advance of upcoming elections. Ms. Granger stated the Chamber wanted to make some statements about where Delray Beach has been where we are now, and where they would like to see the city go as a business community. Ms. Granger stated the Chamber stands for responsible growth and stated their open letter has been launched through social media and encouraged everyone to review it. 6.B.3. Ellen Smith, 2149 Ardley Court, North Palm Beach, FL 33408, (Government Affairs Manager for Waste Management), read a brief statement into the record and urged the City to uphold the City's Selection Committee's recommendation to appoint Waste Management to continue to be the waste collection service provider. Ms. Smith thanked staff, the City's Selection Committee, and the consultants for going through a seven (7) month bona fide RFP process which found that Waste Management was the best value and is in the best interest of the residents of Delray Beach. 6.B.4. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, briefly spoke about the City's lawsuits and stated she does not want to see any more tax dollars wasted with any more legal problems. Ms. Moody stated she supports appointing Waste Management to continue to be the waste collection service provider for the City of Delray Beach. Secondly, Ms. Moody commented about the City's maintenance problem by contracting out to other people. For clarification, with regard to the notion that the City Commission is supporting or has asked staff to look into privatizing Parks and Recreation or maintenance divisions in the city, Mayor Glickstein stated this is not the case. 6.B.5. Ron Oliver, 351 Ocean Parkway, Boynton Beach, FL 33435, stated he has been a manager at Waste Management for 11 years and he has 15 drivers under his direct supervision. Mr. Oliver stated Waste Management employees are familiar with the families and the customers that require special attention, they know them by name, and they expect nothing but world class service. He stated they pledge to keep Delray Beach beautiful and urged the City Commission to keep Waste Management as the waste collection service provider. 6.B.6. Jaene Miranda, President of the Boys and Girls Clubs of Palm Beach County, thanked the City Commission for their continued support and recognized the continued support of Waste Management for the Boys and Girls Club in Delray Beach. She stated when a company chooses to give back to the community it is a positive reflection on their corporate culture and leadership. 3 01/20/15 6.11.7. Justin Zimmer, Director of the Boys and Girls Club in Delray Beach, expressed his gratitude and appreciation to the City Commission and Waste Management. Mr. Zimmer stated he has partnered with Police Chief Goldman and noted the Boys and Girls Club upcoming garden project. He stated the Boys and Girls Club serves over 200 families every day. 6.11.8. Glenn Miller, 5208 Silver Oak Drive, Fort Pierce, FL, 34982 (Senior District Manager for Waste Management of Palm Beach County), stated in a recent survey sent to citizens of Delray Beach 98% of the respondents rated the service of Waste Management excellent or good and the same 98% said that they do not want a change in service. Mr. Miller stated their proposal calls for a total of twenty (20) trucks as they have a new higher efficiency recycling truck on the road. Mr. Miller highlighted Waste Management's safety success and stated their safety records rank in the top four (4%) of the country while the cheapest price hauler is in the bottom three (3%) nationwide. He urged the City Commission to retain Waste Management as its waste hauler so that the City can continue excellent service, experience, and world class safety. , 6.11.9. Dr. Gaspar Gonzalez Jr. 514 Enfield Road D Irav Bea FL 33444 (resident since 1990), briefly spoke about the service provided by Waste Management and stated the drivers know everyone by name and vice versa; these people are family people and as a community they operate as a family. Dr. Gonzalez stated when his wife passed away in 2008 members of the Waste Management team came to his home, delivered flowers and attended the funeral. Dr. Gonzalez stated the quality of the service is worth paying more and he urged the City Commission to keep supporting Waste Management and allow them to continue working in the City of Delray Beach. At this point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the Agenda. The City Attorney recommended to withdraw Items 10.A., 10.B., and 10.C. and stated this is scheduled to come back before the City Commission on February 3, 2015. Brief discussion followed between the City Attorney and Mr. Jacquet regarding the purpose for withdrawal. After brief discussion, Deputy Vice Mayor Jarjura moved to withdraw Items 10.A., 10.11. and 10.C., to be heard at the February 3, 2015 hearing, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia—Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 4 01/20/15 10. PUBLIC HEARINGS: 10.A. 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 CITY ATTORNEY HAS REQ UES TED THA T THIS ITEM BE WITHDRA WN) 10.B. 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 CITYA TTORNEY HAS REQUESTED THAT THIS ITEM BE WITHDR,4 WN) 10.C. 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 CITY ATTORNEY HAS REQUESTED THAT THIS ITEM BE WITHDRAWN) 10.D. ORDINANCE NO. 01-15 (SECOND READING): Consider an amendment to Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances by creating Section 132.11, "Electronic Cigarettes (E-cigarettes)", limiting the locations where e-cigarettes can be used; providing findings in support of the adoption of the ordinance. The caption of Ordinance No. 01-15 is as follows: 5 01/20/15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES BY CREATING SECTION 132.11, "ELECTRONIC CIGARETTES, (E-CIGARETTES)", LIMITING THE LOCATIONS WHERE E-CIGARETTES CAN BE USED; PROVIDING FINDINGS IN SUPPORT OF THE ADOPTION OF THE ORDINANCE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 01-15 is on file in the City Clerk's office.) \� qW The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance prohibits the use of e-cigarettes in the same manner as tobacco which is prohibited in all indoor workplaces. The City Attorney stated there are some exceptions where smoking is permitted such as in private residences, retail tobacco shops, in e-cigarette shops, stand-alone bars, and designated smoking guest rooms. The City Attorney stated there is a legal rational basis for enacting the ordinance specifically there are existing studies that have disclosed that e-cigarettes emit some organic material and the effects are not fully known; and, in confined areas with heavy use there is second-hand impacts from e-cigarettes. Also, the City Attorney stated studies have shown that the acceptability of e-cigarettes contributes to people likely to engage in both e-cigarettes and tobacco use. He stated this is not the first city to consider this type of action in the State of Florida. The City Attorney stated Marion County and Alachua County have enacted a similar regulation; the cities of Stuart, Sebastian, and Orange Park have enacted this regulation as well. The City Attorney stated on a national scale New York Chicago, Los Angeles, and Chicago have similarly enacted this regulation. Mayor Glickstein declared the public hearing open. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445, urged the City Commission to support this ordinance. Ms. Odom stated she was a victim of second-hand smoke and when she was a young girl her dad and three of her four brothers smoked cigarettes. In addition, Ms. Odom stated she sat in teachers lounges all her years and her roommate smoked and it never bothered her. Ms. Odom stated two years ago she was diagnosed with Stage 4 lung cancer as a result of second-hand smoke. She stated she never smoked in her entire life and encouraged people to not smoke especially around children. 6 01/20/15 There being no one else from the public who wished to address the Commission regarding Ordinance No. 01-15, the public hearing was closed. Mr. Frankel thanked everyone in the City Attorney's office for their work with respect to this ordinance. Mayor Glickstein stated he received several emails questioning the validity of the City's ability to regulate e-cigarettes and noted that he did some research on his own. Mayor Glickstein stated in a joint policy statement issued recently by the American Association for Cancer Research and the American Society for Clinical Oncology acknowledged that "e-cigarettes may improve public health by taking market share away from combustible tobacco products and helping smokers quit but until the benefits are proved that statements said regulators shouldn't distinguish between the two kinds of products. The Director of the Federal Centers for Disease Control and Prevention and other health experts stated they fear that e-cigarettes will entice more kids and teens to try smoking if the devices get them hooked on nicotine they could become more likely to graduate to traditional cigarettes. The policy statement from these organizations list many unknowns about the health risks of e-cigarettes including second- hand exposure to nicotine, vapor and third-hand exposure to chemicals that fall out of that vapor and land on surfaces where they can be touched, ingested, and inhaled." Mayor Glickstein stated he fully supports this ordinance. Mr. Frankel moved to approve Ordinance No. 01-15 on Second and FINAL Reading, 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. At this point, the time being 7:09 p.m., the Commission moved back to Item 6.11.10., Public Comment. 6.11.10. LaRonda Denkler, 320 N.W. 9th Street, Delray Beach, FL 33444 (resident for 20 years and business owner of Vince Canning Shoes), distributed brochures for Delray's Fashion Week from January 17-24, 2015 and invited everyone to attend the 3rd Annual Vince Canning Stiletto Race on Friday, January 23, 2015 and noted charitable donations can be made. Secondly, Ms. Denkler stated she supports Waste Management because of the excellent service and relationship the City has with them. She stated Waste Management has always supported the non-profits of the community (i.e. committing $100,000 to Clean and Safe initiative downtown) and is the only company using natural gas trucks making the City quieter and greener. Ms. Denkler stated on a blog today Dr. Josh Smith noted that SWS will hire six (6) employees from Delray. She stated Waste Management already has thirteen (13) employees from Delray who have tenure with 15 plus years' experience. She stated that quality is worth the price and urged the City Commission to support continuing the contract with Waste Management. 7 01/20/15 6.B.11. Beth McOwen, 917 Bermuda Garden s Road, Delray Beach, FL 33483, commented about the professionalism and discussed an incident service of Waste Management and stated they should be rewarded for what Waste Management has done for its community. 6.B.12. Marjorie Ferrer, Executive Director of the Downtown Development Authority (DDA), invited everyone to attend Delray's Fashion Week held from January 17-24, 2015 and distributed brochures outlining the schedule. She encouraged everyone to attend to support the businesses. 6.B.13. Sheppard Gross, representing Parks and Recreation employees with the SEIU, read a brief statement into the record and urged the City to consider each employee as part of the Delray Beach family. 6.B.14. Chuck Ridley, speaking as the representative of the Public Service Union, stated the entire Public Service Department have come together to upgrade their standard of delivery and asked that they have opportunity to have management, respect and honor their hard work and dedication. Mr. Ridley stated these employees invite the Commission to come to the sites so that they can get to know them by their faces and know them by who they are as human beings rather than only knowing them by a line item in the budget. Mr. Jacquet stated he supports the city workers 100% and thanked the employees for their service and noted that he is not considering outsourcing any departments. Mayor Glickstein stated he cannot think more of an example of disrespect than for a person to learn secondhand that their department is being outsourced and the City Manager has assured him that will be dealt with. Furthermore, Mayor Glickstein stated that this city would not be the city it is without the hard work and dedication of the employees of the Public Works Department and Parks and Recreation Department. On behalf of the City Commission, Mayor Glickstein expressed his gratitude to all the SEIU employees and stated he hopes to get to know everyone on a first name basis and stated they are always welcome to speak to the City Commission. 6.B.15. Avery Danforth, 695 Auburn Avenue, Delray Beach, FL 33444 (speaking on behalf of the Milam Center), supports Waste Management since 2011 has supported the Milagro Center's program through generous donations which in turn helps them give back to the children of Delray Beach (i.e. dance lessons, music lessons). Ms. Danforth stated she has family in Arizona who are jealous of the recycling pickup once a week in Delray because they only get recycling and vegetation pickup once a month. Ms. Danforth stated Waste Management is doing a fabulous job and is worth the cost. 6.B.16. Dr. Josh Smith, 3616 Avenue De Jien, Delray Beach, FL 33445, stated what the city has gone through in the last 2-3 years defies common sense, good judgment, 8 01/20/15 and feels that some have abandoned a high degree of ethics. Dr. Smith stated if SWS's bid rate for commercial customers reduces Waste Management's current rate by 19% saving citizens more than $1 million annually versus a company with the highest rate in the past history. He stated unemployed southwest/northwest residents reside in the highest unemployment geographically area of the city. Dr. Smith urged the City Commission to render a decision that is in the best interest of their constituents. 6.B.17. Dwayne Randolph, 1191 North Federal Highway, Delray Beach, FL, briefly spoke about the solid waste recycling and collection RFP and stated in Phase I of the RFP the City's consultant all qualified Southern Waste Systems (SWS) in accordance with the RFP Phase I requirements 1-5 which included experience and financial stability being worth 50% of the evaluation; Phase 11 requirement was cost being another 50% of the total evaluation. Mr. Randolph stated the City's consultant ranked Waste Management #3, Advanced Disposal #2, and SWS as #1 which means SWS should have received a score of 50% of the cost from each of the 4 staff members and 1 resident who served on the Selection Committee on December 18, 2014. Mr. Randolph urged the City Commission to award the contract to SWS that will reduce the commercial rate in this city by 19% for the first time in 11 years. Mr. Randolph stated the City can save in excess of$7 million over the life of the contract by selecting SWS. 6.B.18. Kiwana Alexander-Prophete, Principal of Carver Middle School, speaking on behalf of Carver Middle School, the Student Advisory Council (SAC), and some parents she requested that the City Commission consider awarding the solid waste and recycling contract to SWS. Ms. Alexander-Prophete stated SWS has committed in writing to donate $5,000 to Carver's Robotics and Entrepreneur Programs for seven (7) students per award of the contract. She stated her goal is to keep Delray students in Delray because these new programs offered at the school have developed a renewed interest by students and families who in the past would have not considered Carver Middle School as an option 6.B.1 Rhonda Turner-Williams, Delray Beach resident, urged the City Corrn to award the contract to SWS and to also lower the curb-side rate. Ms. Turnerti,�`, ns stated she has a non-profit program called "Knowledge is Power" tour where she to teens (high school and middle school) on college tours. She stated her goal is to conte' end any rate is helpful. 6.B.20. Jocelyn Jackson, 34 N.W. 7th Avenue, Delray Beach, FL 33444 (homeowner and Roots Cultural Festival Committee Member), stated her children benefited from the "Knowledge is Power" tour; her son studied computer technology and graduated from college and her daughter will soon be graduating to pursue a career as a Mortician. 6.B.21. Jason Lazar, 215 North Federal Highway, Boca Raton, FL 33432 (General Counsel for Investments Limited), stated they own several properties outside Delray Beach where they cannot use Waste Management and noted the quality of service they get from Waste Management as opposed to their competitors is like night and day. 9 01/20/15 Mr. Lazar stated to change to a different operator would be detrimental in both the short run and the long run to not only himself but to his tenants. Mr. Lazar urged the City Commission to award the contract to Waste Management. 6.B.22. Vince Brown, Sr., 322 N.E. 11th Avenue, Boynton Beach, FL 33435 (driver with Waste Management for 25 years), stated he has never had an accident in the City of Delray Beach and feels that Waste Management deserves to keep providing the best quality service. 6.B.23. Charlene Farrington-Jones, 314 N.W. 2nd Avenue, Delray Beach, FL and also a tenant in a city building at 170 N.W. 5t Avenue), stated Waste Management has been an excellent community partner for the Spady Museum and the corporate partners are one of the most important aspects of running a non-profit organization. Ms. Farrington-Jones stated she supports Waste Management and urged the City Commission to award the contract to Waste Management. 6.B.24. Rosco Balam, 603 Villa Circle, Boynton Beach, FL 33435 (speaking on behalf of an employee), stated he was in the military for a little while where he learned discipline, respect, and character. Mr. Balam stated he is very proud to work for Waste Management because they demand excellence and are number one in safety. He stated they will continue to strive to be number one. 6.B.25. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445, wished everyone a Happy New Year. Secondly, Mr. Katz stated he has a lot of respect for his Waste Management driver and the other drivers for their service. However, Mr. Katz stated he is disappointed in his driver's bosses' because he feels they cared more about the shareholders of Waste Management than the drivers that are present this evening because otherwise they would have made the bid comparable to the other bids and would have been the lowest bidder. Mr. Katz stated Waste Management's stock has done really well going from approximately $40.00 to $53.00 in the last year. In addition, Mr. Katz stated he has an email trail sent by a resident obtained today through a public records request between the City of Delray Beach and Waste Management. Mr. Katz expressed concern that some of these emails are being communicated with former Commissioners and Mayors during the cone of silence. Mr. Katz referenced a statement by Mayor Glickstein. 6.B.26. Ronald Gilinsky, 1405 S. Federal Highway #140, Delray Beach, FL 33483, urged the City Commission to not compromise quality for a low price and stated Waste Management provides excellence in their service. Mr. Gilinsky stated when there is an issue with someone who lives in the city Waste Management responds immediately. He urged the City Commission to not compromise Waste Management with somebody with less service, less equipment, and no manpower. 10 01/20/15 6.B.27. Chris Davey, 319 East Mallory Circle, Delray Beach, FL 33483, stated he reviewed the recommendation from the Selection Committee and 50% of the criteria was pricing which is a completely objective criteria; 50% was a more subjective criteria. Mr. Davey stated there was no rationale by each person on the Selection Committee for how they arose on their decision on the subject of criteria. Mr. Davey stated in the future if a process like this takes place, the City may want to consider having a Selection Committee give a written substantiation as to why they reached that conclusion when the criteria is anything but objective. 6.B.28. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, stated the most important thing he learned in his 14 year career on Wall Street was counter-party risk. Mr. Warner stated in reviewing the financials of all the companies Waste Management has the strongest financial background, presence, and circumstances of the five (5) applicants. He stated Waste Management has been operating nationwide and have a substantial track record for as strong of a company that they are and how well they know the business. Mr. Warner encouraged the City Commission to support the Selection Committee's recommendation and award the contract to Waste Management. 6.B.29. Neil Schiller, Becker & Poliakoff, 625 North Fla2ler Drive, 7th Floor, West Palm Beach, FL 33401, representing Southern Waste Systems (SWS), stated the City Commission has the authority to choose the best deal for the city; the RFP states that the City Commission can conduct its own evaluation and ranking and it is anticipated that the City Commission will award the City's work to the proposer who submits the best overall proposal based on the City Commission's determination of the City's best interest and best overall value for the city. Mr. Schiller stated price was supposed to be 50% of the score. It is unquestionable that SWS has the lowest price and saved the City over 17% from last year's contract and over $1.4 million a year from last year's contract. Mr. Schiller stated when they reviewed the scores they felt there must have been some confusion by the Selection Committee because 50% of the price and with a ranking of #1-5, the worse that SWS could have gotten was a 3. Mr. Schiller stated if you add the price score to the raw score (the 50% score) SWS comes out ahead and Waste Management is second. Mr. Schiller urged the City to look at that and SWS's proposal represents a substantial savings to the City of Delray Beach and its residents and not this proposal is for seven (7) years. He stated the only resident on the Selection Committee ranked SWS as #1, the cheapest priced hauler and they feel that that they can deliver the greatest value to the City. 6.B.30. Alan Ciklin, Ciklin, Lubitz, Martens & O'Connell, 515 North Flagler Drive, 20th Floor, West Palm Beach, FL 33401, also represents Southern Waste Systems (SWS), stated the goal with this RFP was to have an open transparent process; however, Mr. Ciklin stated all deadlines had passed, the presentation was made by the Selection Committee, the "Cone of Silence" was still in effect, and Waste Management was allowed to change to their bid by several hundred thousand dollars. Mr. Ciklin stated there was no public meeting or notice and it happened without anyone being advised and all outside of the RFP and the "Cone of Silence" process. Mr. Ciklin stated Waste Management priced the Clamshell service price at $17,000 a month and they were later 11 01/20/15 allowed to eliminate that from their proposal and make it zero (0). Mr. Ciklin reviewed emails and found circumstances where the "Cone of Silence" was broken and he urged the City Commission to consider that when they award this contract. 6.B.31. Charles Gusman, President and CEO of Southern Waste Systems (SWS), 2380 College Avenue, Davie, FL, stated this is regarding two things; price and service. He stated SWS is the lowest cost and it is a substantial savings and the citizens and the commercial establishments of the city are going to benefit from that. Therefore, Mr. Gusman stated in that aspect the process did do its job. 6.B.32. Truck driver (name unknown) with Waste Management for eight (8) years, commented how precious life is and stated there is nowhere that you can buy life. He stated that Waste Management cares for the safety of the children and people. He urged the City Commission to allow Waste Management to continue to try to keep the city clean. 6.B.33. Jason Dollard, 295 N.E. 5th Avenue, #31, Delray Beach, FL 33483 (commercial owner on Pineapple Grove), stated the Arts Garage is a great program but there is a group of people that are being overlooked by the city in approving this lease and letting him and other business owners stay there. In 2008, Mr. Dollard stated they took the risk because they thought it would be a great place and that some commercial businesses would generate people going to Pineapple Grove. Mr. Dollard stated the Arts Garage does do good things for students and young adults; however, the Arts Garage is a prime piece of real estate and his value on his property is affected when there is a piece of real estate that sits there and someone is willing to pay the city $2.5 over a year ago. Mr. Dollard is strongly opposed that the city is allowing the Arts Garage property to just sit there. *10� V 6.B.34. Robert A. Sweetapple, Attorney with Sweetapple, Broeker & Varkas, P.L. 20 S.E. 3n, Street, Boca Raton, FL 33432 (represents Auburn Trace), stated the City is the lender to his client on a second mortgage; on March 18, 2014 a modification agreement to that loan was approved by the City Commission (3-0). Mr. Sweetapple stated it was made clear that Auburn Trace was in default of certain requirements including the payment of back taxes. Mr. Sweetapple stated after the City Commission approved the loan modification, Auburn Trace paid $140,000.00 in back taxes in an attempt to keep the property. On April 1, 2014, the City Commission voted (4-0) to "rescind the verbal loan modification." Mr. Sweetapple stated the Interim City Attorney referred to apparent misrepresentation (Mr. Sweetapple noted that his client made no misrepresentations), but the Commission took the position through the Interim City Attorney that under Florida law all loans have to be in writing and the Statute of fraud applies. Mr. Sweetapple stated under Florida law with regard to modifications the principle of estoppel applies and in this case the loan modification is enforceable and he is filing suit with specific performance with regard to that. Mr. Sweetapple stated he filed a public records request concerning the City's dealings with Iberiabank and alleged that only some emails were produced and he filed suit today for enforcement of the Public Records Law. On behalf of Auburn Trace, Mr. Sweetapple stated he objects to the 12 01/20/15 City's purchase of the loan and under the terms of the purchase agreement the City is assuming all liability. 6.B.35. Nancy Stewart, 227 South Swinton Avenue, Delray Beach, FL 33444, stated they run the five largest events in Delray and these events generate a lot of trash. Ms. Stewart stated between the City and Waste Management after the events if you go downtown at 8:00 a.m. the next morning everything is spotless. She stated when Hurricane Wilma hit downtown (17 days before the Garlic Fest) the City was without power for eleven (11) days. Ms. Stewart stated between the City and Waste Management they cleared every available surface to park cars, and erect temporary stop signs, and then Delray Beach was back in business. Ms. Stewart stated she supports Waste Management because she has been a huge financial partner with the City and non-profits. 6.B.36. Angela Randolph, 1191 North Federal Highway, Delray Beach, FL, stated SWS participates in local schools, extracurricular activities, and community-based activities which could all benefit from the savings provided by SWS. Secondly Ms. Randolph stated as a local business owne"*�r over 18 years) she could also benefit from the savings of SWS. As a member of the Roots Cultural Festival of Delray Beach, Ms. Randolph stated they been emanating in the city for over 38 years. She stated SWS can provide a substantial savings to the City's constituents and she strongly urged the City Commission to consider awarding the contract to SWS. 6.B.37. Dawn McCormick, Director of Communications for Waste Management, stated they believe that the Selection Committee ranked Waste Management #1 for the experience (drivers have an average tenure of 15 years; 98% of the respondents said that they provide excellent or great service; and 98% said they want no changes). Ms. McCormick stated her colleague Ellen Smith will present 2,000 petitions signed by residents that say they do not want to see a change. Ms. McCormick stated Waste Management provides world class safety and is in the top 4% in the nation and the cheapest hauler tonight (SWS) is in the bottom 3% in safety. She stated the cheapest price hauler is only putting 17 trucks on the street; Waste Management puts 20 trucks on the street and it is a 19%reduction in the number of fleet trucks for the cheapest priced hauler; 44% fewer trucks for bulk and vegetation over the number of 9 trucks that the City requires of them. Ms. McCormick strongly urged the City Commission to follow the recommendation of the Selection Committee and staff and award the contract to Waste Management. 6.B.38. John Casagrande, 2380 College Avenue, Davie, FL, Southern Waste Systems (SWS), stated in 2001 there was an RFP sent out by the City of Delray Beach for the hauling and the low bidder was BFI and they did an outstanding job. Mr. Casagrande stated that BFI did the job so well that Waste Management came along and acquired BFI in 2004. He stated the transition from BFI to Waste Management then went well and the transition from SWS will go just as well. Mr. Casagrande stated the employees that work for Waste Management today will all be offered jobs to come work 13 01/20/15 for SWS. Mr. Casagrande stated the Solid Waste Authority (SWA) has 47,000 single family homes and SWS was the low bidder (24% lower than Waste Management's current price at the time). In 2013, Mr. Casagrande stated SWS took it over and the transition was seamless; he noted that SWS has $100 in fines within a 17 month period. 6.11.39. Ken MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483, stated for the past few weeks he has provided the Commission and public with copious documentation which proves that Waste Management's performance has been anything but exceptional. Mr. MacNamee stated its proven track record of overcharging, underpaying, service failures resulting in fines, litigation in Delray and the surrounding area is deplorable. He stated the Commission is here to represent Delray trash customers' not Waste Management employees. Mr. MacNamee stated their dedicated service is to be appreciated and respected; however, in his opinion, the City's fiduciary responsibility is only with Delray trash customers. Mr. MacNamee stated over the seven (7) year term of the contract assuming a 2% annual escalation Delray trash customers will pay $5.5 million more (10% premium) or $9.3 million (14% premium) more if the trash remains with Waste Management. Mr. MacNamee urged the Commission to award the contract to the lowest bidder SWS. 6.11.40. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated a few years ago the City chose the lowest bidder with the beach contract and feels the results were disastrous. She stated the City decided that the lowest bidder could not handle it and it had to be re-bid and get a new contractor. Ms. Morrison stated there is a .78 difference per month ($9.00/year) between the SWS bid and the Waste Management bid for the residential service. Ms. Morrison stated Mr. MacNamee was correct that Waste Management owed the City money and when she was on the Financial Review Board (FRB) he was correct. Ms. Morrison stated the City has grown so much and suggested that City needs an internal auditor to monitor these large dollar contracts to ensure that the City is getting every penny it deserves from the contractor and that we are billing it outright to the customers. Ms. Morrison stated she wants the City to have the best hauler. 6.11.41. John Dassie, 709 S.W. 7th Avenue, Delray Beach, FL 33444, stated he does not mind paying a li,ttle more for the best hauler and strongly supports Waste Management. 7. AGE A APPROVAL. Deputy Vice Mayor Jarjura requested to remove Item 8.D., Amendment to Service Authorization No. 12-13.1/Mathews Consulting, Inc./Lake Ida Drainage Improvements from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A., Item 8.F., Lease Agreement/Creative City Collaborative be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.11.11., and Item 9.G., Request for Proposals (RFP) of 2014-38/Collection of Solid Waste and Recyclable Materials be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.C.C. 14 01/20/15 Mr. Frankel moved to approve the Agenda as amended, 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. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. AMENDMENT NO. 2 TO THE AGREEMENTS FOR GENERAL CONSULTING SERVICES: Approve Amendment No. 2 to the Agreements for General Consulting Services (RFQ No. 2012-05) with Currie Sowards Aguila Architects, David Miller & Associates and Walter Zackria and Associates, PLLC. This recommendation is in compliance with Chapter 36, Section 36.02(C)(3), "Professional Services" and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". 8.B. RENEWAL TO THE CONTRACT/ATLANTIC REFRIGERATION CORPORATION: Approve a first year renewal with Atlantic Refrigeration Corporation (Bid No. 2014-10) for yearly service, repairs and maintenance of air conditioner units at City buildings. This recommendation is in compliance with Chapter 36, Section 36.02(C)(3), "Professional Services", and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". 8.C. AMENDMENT NO. 2 TO THE GENERAL ENGINEERING CONSULTING SERVICE AGREEMENTS: Approve Amendment No. 2 to the General Engineering Consulting Service Agreements (RFQ #2012-06) with Calvin Giordano & Associates, Kimley-Horn & Associates, Inc., Mathews Consulting, Inc., and Wantman Group, to extend services for one (1) year. This recommendation is in compliance with Chapter 36, Section 36.02(C)(3), "Professional Services", and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. ACCEPTANCE OF A RIGHT OF WAY DEED/MINDFUL MANAGEMENT: Approve acceptance of an alley right-of-way of four (4) feet along the west side of the property to the City of Delray Beach for the purposes of expanding and improving the alley for the project associated with Mindful Management located on the west side of Pineapple Grove Way (N.E. 2nd Avenue) and 56 feet south of N.E. 3rd Street(280 & 290 Pineapple Grove Way). 8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.B.B. 8.G. PROCLAMATIONS: 1. Recognizing Black History Month—February 2015 15 01/20/15 8.H. AWARD OF BIDS AND CONTRACTS: 1. Bid award to MBR Construction, Inc. (Bid No. 2015-06) in the amount of$320,195.36 for Fire Headquarters Public Plaza Project (P/N 2011-17). This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A) "Sealed Competitive Method". Funding is available from multiple accounts. Mr. Frankel so moved to approve the Consent �enda as amended, seconded by Deputy Vice Mayor Jarjura. Upon roll calt'zlie Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia -�:Y,—ekwMr. Jacquet — Yes; Mr. Frankel—Yes; Deputy Vice Mayor Jarjura—Yes. Said Nt, on p d with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AMENDMENT TO SER CE AUTHORIZATION ,.. O. 12- 13.1/MATHEWS CONSULTING, INC./LAKE IDA `"DRAINAGE IMPROVEMENTS: Approve Service Authorization No. 12-13.1 with Mathews Consulting, Inc. in the amount of $14,911.00 for professional design services (RFQ #2012-06) related to water main improvements in conjunction with the Lake Ida Drainage Improvements Project (Project No. 13-072). This Service Authorization includes design, permitting and bidding services. This recommendation for award is in compliance with Chapter 36, Section 36.02(C)(3) "Professional Services". Funding is available from account 442-5178-536-65.98 (Other Improvements/Lake Ida Area). At this point, Vice Mayor Petrolia left the dais. Deputy Vice Mayor Jarjura stated there is an existing RFQ and that it exceeds the $25,000 minimum for multiple acquisitions from a vendor and she inquired about the amount. In response, Randal Krejcarek, Director of Environmental Services, stated he will have to get the number and get back to her. In addition, Deputy Vice Mayor Jarjura asked why this is exempt from the City's Procurement Code and why this item was placed on the Consent Agenda. Mr. Krejcarek stated the agreements the City enters into with consultants are all under the Consultants' Competitive Negotiations Act (CCNA) and they have continuing contracts with them and staff aligns the consultants (different consultants have different specialties) with the type of work that the City has; Service Authorizations are typically on the Consent Agenda. Deputy Vice Mayor stated for this particular Service Authorization it is $14,911.00 which would normally require City Manager approval to get quotes from and in addition to that there are multiple contracts with the vendor that will exceed the $25,000 which would require City Commission approval. Deputy Vice Mayor Jarjura stated there is not enough background information provided for her to be comfortable with why this would allow for an exemption of the City's Procurement Code. Mr. Krejcarek stated staff can get the information and bring this back to the Commission. 16 01/20/15 Deputy Vice Mayor Jarjura moved to bring this item back at the next regular Commission meeting of February 3, 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. Said motion passed with a 4 to 0 vote. At this point, Vice Mayor Petrolia returned to the dais. 9.B.B. LEASE AGREEMENT/CREATIVE CITY COLLABORATIVE: Motion to approve a lease agreement between the City of Delray Beach and the Creative City Collaborative of Delray Beach, Inc. for the lease of approximately 10,289 square feet in the Old School Square Parking Garage. The City Attorney stated at the Commission Workshop meeting of November 13, 2014 there was a brief discussion with respect to this lease. At that Workshop meeting, the Executive Director of the Community Redevelopment Agency (CRA) said that the CRA would not be renewing this lease and that funding for this lease was omitted in this year's budget adopted by the CRA. The City Attorney stated last June the City executed a contract for Purchase and Sale to sell approximately 10,200 square feet in the Old School Square Parking Garage to the Creative City Collaborative (CCC) for the sum of $2,500,000 and the closing date in that contract is set for no later than March 15, 2016. The City Attorney stated one of the terms of that purchase contract was that the parties recognized the CCC lease and the Puppetry lease would be expiring before the March 15, 2016 date and the parties agreed that should the CRA not renew the lease, the City would be willing to lease that premises to the CCC in the same form of lease as was used by the CRA except that the rent will be the rent currently being paid by the CCC and the Puppetry Theatre. The City Attorney stated pursuant to the Contract for Purchase and Sale entered into last June, the City is now implementing that term and the Commission now has before them this lease tonight. Mr. Frankel inquired about the fundraising efforts of this organization. The City Attorney stated he sent an email to the people that he was contact with respect to preparing this lease and he did not receive an update and therefore he has no information to share with the Commission. The City Attorney stated the City is contractually committed to leasing this on the lease rate that he specified to the Commission pursuant to the contract the City entered into in June 2014. Mayor Glickstein stated the $44 million was generated from a City sponsored study which took into account all of the cultural non-profits in the city. Mayor Glickstein stated in terms of an economic benefit accretive to the city he does not believe it was even factored into that study because that study was based on all the other non-profits. Mayor Glickstein stated the Board Chair of the Creative City Collaborative (CCC) has offered to him to report back to this Commission in the first quarter of this year as to their fundraising efforts and is open to"other alternatives." With respect to the CCC taking over the additional space that has been occupied by the Puppetry Center, Mr. Frankel asked whether or not that is a material 17 01/20/15 change in the contract. In response, the City Attorney stated the Contract for Purchase and Sale specifically said that if the Puppetry Theatre failed to renew its lease, the CCC has the opportunity to enlarge its lease to include those premises and the rent will be adjusted to include the Puppetry Theatre rent. Deputy Vice Mayor Jarjura moved to approve a lease agreement between City of Delray Beach and the Creative City Collaborative (CCC) of Delray Beach, 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.C.C. REQUEST FOR PROPOSALS (RFP) OF 2014-38/COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS: Consider a motion to approve the Selection Committee's ranking of responses for (RFP #2014-38) collection of Solid Waste and Recyclable Materials. Jack Warner, Chief Financial Officer gave a brief prese n and stated as the person responsible for issuing the invoices to the residential custoincluding the charges in their water bills he would rather not have to do this retro"ctively. Mr. Warner suggested waiting until the ordinance is passed because this gives the City the legal authority to actually commence the charges (staff hopes to do by February 17, 2015) and it will make for a much smoother and much easier process. Mr. Warner stated the Selection Committee consisted of: Francine Ramaglia, Assistant City Manager (Chair), Suzanne Davis, Director of Parks and Recreation, Howard Ellingsworth (private citizen/business owner), Randal Krejcarek, Environmental Services Director, John Morgan, Sustainability Officer. Mr. Warner stated the Selection Committee had the pre- proposal conference questions and answers and they had access to the written proposals. Mr. Warner stated the proposers wrote responses to those evaluations (all of it in writing and recorded). At the request of the Selection Committee, the Purchasing Department went out for references from current and former customers of all five (5) of the Proposers. He stated that all of this information is available on the CD's that staff distributed to the City Commission earlier this month. Mr. Warner stated staff established the following criteria: (1) What is the experience and the qualifications of each of the proposers, (2) How well did they put together an operating plan including an equipment list, a staffing plan, and other resources to be able to provide the services that the City is requiring, (3) What is their experience, (4) Proposer's prior performance especially in similar situations, (5) How well did the vendor do with the proposal, and (6) The cost of the Proposer's services. Mr. Warner stated criteria 1-5 weighted at 50%; cost of Proposer's Services weighted at 50%. Mr. Warner stated he believes these criteria guided the Selection Committee by establishing a general framework. Mr. Warner stated the process in the RFP was a ranked by each of the Committee members 1-5 (if you were first you got a 1); he reviewed the scores with Waste Management receiving a 6; Republic Services received a 23; there were 3 Proposer's in the middle who were all very close 13 points, 16 points, 17 points. Mr. Warner briefly reviewed the evaluation criteria. Deputy Vice Mayor Jarjura briefly spoke about Ms. Moody's comments with respect to the process and clarified for the record that regardless of which vendor is 18 01/20/15 selected tonight the City did the following: (1) complied with law, (2) a significant savings (regardless of which vendor is selected). Deputy Vice Mayor Jarjura stated regarding the Waste Management contract that was voided by court because it was contrary to law the legal fees expended were returned; the City did not expend any legal fees the City was reimbursed for those legal fees so no additional cost. Deputy Vice Mayor Jarjura stated any fees spent on consultants those fees are minimal if you look at the savings that are going to be absorbed regardless of which vendor. With respect to the RFP and the process, Deputy Vice Mayor Jarjura asked what the Commission's options tonight pursuant to the RFP. The City Attorney stated Section 1.12 of the RFP describes the four (4) options that are available to the City Commission and noted they are limited to these four (4) options. The City Attorney stated the City Commission may do the following: (1) award the ranking to the Proposer that received the highest ranking by the Selection Committee, (2) reject all proposals for any reason this Commission deems sufficient, (3) defer the award of this work and contract until the Selection Committee reconsiders its recommendation in light of new information that was not available to the Selection Committee, and (4) the City Commission may conduct its own evaluation and ranking of the Proposer's. Mr. Jacquet asked what happens to just making a decision in the best interest of the city whether it is the first choice, second, or third. The City Attorney stated that is not how the RFP reads and that is not an option available to the Commission. The City Attorney stated the RFP was drafted that the role of this Commission after the Selection Committee would be defined and as a matter of law once you publish an RFP which sets forth a prescribed pathway or rules of that procurement, the Commission needs to follow those rules and that pathway to conclusion. Deputy Vice Mayor Jarjura stated it has been raised that certain information has come to light post proposals being submitted and post presentations to the Selection Committee whether it's the commercial accounts or the Clamshell truck issue. Deputy Vice Mayor Jarjura asked that staff explain to her the following: (1) for the Clamshells what was part of the written document supported, and (2) was the Selection Committee's recommendation made prior to any of these alleged mistakes, modifications, or changes that"helped raise Waste Management" by narrowing the price of gas. The City Attorney stated when the Selection Committee had a price analysis before it in the record; he believes that price analysis assumed there would be an annual payment of approximately $204,000 a year for the Clamshell. The City Attorney read the following into the record from page 81, paragraph 18: Waste Management will pay for the operation of the truck (refers to the Clamshell). The City Attorney stated Form 21 which is the bid sheets attached to the RFP that has a rate for a Clamshell truck and driver five (5) days a week $17,000. The City Attorney read the following into the record from Section 1.15 of the RFP that "written amounts will take precedent over numerical amounts." The City Attorney stated also on the Agenda is the form of a definitive franchise agreement with Waste Management and noted if the Commission is going to award a contract to Waste Management they do not want to direct the City Attorney to make the award inconsistent with the bid but the Commission would want to see what that agreement looks like. The City Attorney stated each Commissioner was sent(along with it being posted on the web) a definitive franchise agreement; it is redlined against the franchise agreement that was contained in the RFP so that the Commission can see exactly where changes were made 19 01/20/15 between what was published in the RFP and the contract executed by Waste Management. The City Attorney stated the "Cone of Silence" has numerous exceptions and one of those exceptions is negotiations with the attended awardee of the agreement. Deputy Vice Mayor stated there is an inconsistent proposal from the vendor and during the oral presentations staff asked for clarification on this inconsistency and the proposal. The City Attorney stated the representative from Waste Management said that they intended to be paid for that charge. Deputy Vice Mayor Jarjura stated Waste Management expected the City to pay for that charge and the Selection Committee still ranked Waste Management first. Deputy Vice Mayor Jarjura asked when the Selection Committee considered their recommendation and made their recommendation what number was used. Mr. Warner stated at that time staff was still using the 54,000 cubic yards number which they learned subsequently that it was too high because it double counted the multi-family. Deputy Vice Mayor Jarjura stated the Selection Committee based their recommendation on the 54,000 cubic yards. According to Mr. Warner's presentation he just gave, Deputy Vice Mayor Jarjura asked if the numbers in the commercial prices are based on the 54,612 or the adjusted 32,000 which is the most accurate reflection of today's volumes. Deputy Vice Mayor Jarjura confirmed with Mr. Warner that the Selection Committee's recommendation was based upon the $1.2 million difference and knowing that difference the Selection Committee still selected Waste Management. Furthermore, Deputy Vice Mayor Jarjura stated post that Selection Committee recommendation staff has identified adjustments that narrow that $1.2 gap and the Selection Committee's recommendation is based on that $1.2 million gap. Mr. Warner stated post the Selection Committee activity staff identified numbers that they believed to be more accurate. Once staff identified those numbers that needed to be adjusted, Deputy Vice Mayor Jarjura asked if Mr. Warner and the City Attorney went back to the Selection Committee to re-present this information to see if it adjusted their ranking in any way. Mr. Warner stated this was not done. Deputy Vice Mayor stated in the last slide (Slide #20 for total cost) this number reflects the new information post Selection Committee and these numbers are not the numbers that the Selection Committee based their recommendation on. Mr. Warner confirmed that Deputy Vice Mayor Jarjura is correct. The City Attorney stated this item was placed on the Agenda this evening so that not only does the Commission have the ability to confirm the ranking of the Selection Committee, but they also have before them a redlined franchise agreement showing a definitive agreement with Waste Management. The City Attorney stated the changes to that agreement versus what is in the RFP are a few minor changes to the transition language and there is a new Exhibit 13 which is reducing to writing the optional services proposed by Waste Management and Waste Management's Counsel. Deputy Vice Mayor Jarjura expressed concern about an email chain she received five (5) minutes prior to the meeting and how the email was forwarded to the City's consultant Mr. Redman. Mr. Warner commented about how he has been the recipient of many emails from citizens and some of those citizens have extensive blind copy provisions on their emails. Deputy Vice Mayor Jarjura stated the issue is there is a missing "forward" between Waste Management representatives and suddenly the email is in Mr. Redman's email chain. Deputy Vice Mayor Jarjura stated process is a huge issue 20 01/20/15 for her and she is uncomfortable with this. Deputy Vice Mayor Jarjura clarified for the record that this has nothing to do with Commissioner Frankel's email chain. Mayor Glickstein commented about the unexplained emails that involve the City's consultant and those convicted of public corruption. Mayor Glickstein stated he is seeing this for the first time too and is coming based on a private citizen's public records request. Mayor Glickstein stated with respect to the City Attorney's comments written amounts take precedence over numerical amounts; Mayor Glickstein confirmed with the City Attorney that the Selection Committee asked Waste Management the question and Waste Management contradicted that. Mayor Glickstein stated the numerical piece that was superseded valued at $200,000.00 and he asked if that same service is in SWS's proposal. In response, Mr. Warner stated that was a specified requirement in the RFP. Mr. Warner briefly reviewed the responses from the five (5) Proposer's with respect to the Clamshell truck. Mr. Warner stated the Clamshell truck is a single dedicated truck that is under the control of the Contract Administrator so it was understood by all the participants in this that when they stated "Clamshell" that is what they were talking about. Furthermore, Mr. Warner stated"grapple trucks" are generically the same kind of equipment and are used for bulk and vegetative waste. All five (5) Proposer's would have some number of grapple trucks in addition to the Clamshell truck that would be in their proposals; the differences in the proposals between SWS and Waste Management did not have to do with the Clamshell truck but had to do with grapple Trucks in general that would not be under the control of the contract administrator but would be under the control of the hauler and would be part of the fleet that the hauler used to provide the services throughout the city. Mr. Warner stated Waste Management currently uses a subcontractor with grapple truck equipment to provide the service. Mr. Warner stated the way he wrote his presentation was to contrast the two or three Proposer's who did not specifically say how they were going to handle that service by saying they are not going to use that same approach that Waste Management has been using and therefore their vegetative waste and bulk pickup may be unsatisfactory or insufficient. Mayor Glickstein stated this is before the Commission again because there were substantial mistakes, violation of state law, city law, and IG opinions; and, everyone is here now discussing this with the sole purpose of fairness, transparency, and to get it right. Mr. Cooper stated it has been his experience that there are problems when transitioning from one waste hauler to another waste hauler. He stated one of the things he looked at in reviewing this material is the capacity in the transition and the swap out of potentially 1,200 containers in a timely fashion without an interruption of service. Mr. Cooper stated if there were a disruption of services he would anticipate problems with commercial and yard waste. Mr. Cooper stated in his experience the transition to change waste haulers took approximately ninety (90) days. Mayor Glickstein commented about the liquidated damages provisions. Mr. Warner stated it is something that is stronger in the proposed franchise agreement than currently. The City Attorney stated the RFP had a draft of the franchise agreement that each vendor was expected to execute; the redlined version is the difference between the RFP draft and the amendments for Waste Management. The City Attorney stated Risk Management evaluated the insurance provisions at the time the RFP was prepared. 21 01/20/15 Vice Mayor Petrolia expressed concern over the process and read a brief statement into the record. After brief discussion, Mr. Frankel moved to defer this hearing for the City Attorney and City Manager to investigate potential "Cone of Silence" violations, 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. At this point, the time being 10:34 p.m., Mayor Glickstein stated the City Attorney has requested to move up Item 9.F. on the Regular Agenda. 9.F. LOAN PURCHASE AND SALE AGREEMENT/IBERIABANK: TRACE AFFORDABLE HOUSING: Motion to Approve a "Loan Purchase and Sale Agreement" between lberiabank and the City of Delray Beach for the purchase of the lberiabank loan for the Auburn Trace Affordable Housing Apartments, to authorize staff to perform all necessary due diligence, including obtaining a title insurance commitment prior to acquiring the loan, and to Approve Fee Agreements with Special Counsel in connection with the pending Foreclosure and Bankruptcy proceeding. The City Attorney stated he has included in the backup a memo which outlines the background and detailed discussion regarding the Auburn Trace Affordable Housing Project specifically the financial history and the summary of the proposed loan purchase agreement with lberiabank. The City Attorney stated there are two (2) pending litigations and there is a third threatened lawsuit; however, based on public comments tonight there are multiple threatened lawsuits. The City Attorney stated lberiabank has a first mortgage total amount due of almost $4.7 million through February 15, 2015 for principal, accrued interest, legal fees, and other costs; the City has a second mortgage with a balance of$4.1 million; the U.S. Small Business Administration (SBA) has a third mortgage for approximately $200,000. The City Attorney stated lberiabank is willing to sell its first mortgage to the City for a fixed amount of $4.3 million and that would represent a savings of almost $400,000 that would otherwise be due under the mortgage documents. Furthermore, the City Attorney stated Auburn Trace filed a voluntary bankruptcy petition on January 7, 2015 seeking reorganization and that has the effect of staying in foreclosure action. The City Attorney stated the issue tonight is whether or not the City Commission wants to enter into a Loan Purchase Agreement and acquire the lberiabank loan. The City Attorney stated the Loan Purchase Agreement on the Agenda tonight requires the City to close no later than February 27, 2015 and as a due diligence period that expires February 13, 2015. The City, in its sole discretion can terminate the agreement any time during the due diligence period for any reason to get back the $25,000 deposit that is required under this agreement; this agreement is set up as an "as is" and "where is" agreement with limited recourse. The City Attorney stated during the due diligence period he will order an updated appraisal, inspection report, get with the City's real estate counsel, and examine the loan documents. The City Attorney stated this loan originated in 1989 and he needs to make sure that the City can authenticate the loan and that there is a trail of paperwork sufficient to prove the foreclosure action. The City 22 01/20/15 Attorney stated he will do that with the City's real estate counsel and he spoke with the Iberia Counsel who potentially will represent the City and he will obtain a Title of Commitment. The City Attorney stated the City expects to borrow money to fund this acquisition and if this matter is not resolved in bankruptcy court, the City can expect duration of 9-18 months; if it goes back to a State foreclosure or something of this nature it could take another 6-12 months. The City Attorney pointed out that the City would have a first and second mortgage that is secured and the first mortgage in the amount of $4 million plus dollars is more than adequately covered by the equity in the property so the issue becomes to what extent is the second mortgage covered by equity. The City Attorney stated the other risk for the City is the valuation of the property and the ability of a new buyer and existing owner to either refinance or restructure the debt. He stated affordable housing projects are very complicated because there are existing land use restrictions that limit the income of potential tenants that potentially limits the amount of rent you can charge. The City Attorney stated most affordable housing projects are financed with some sort of tax credit financing. The City Attorney suggested that if the Commission moves forward with the agreement that they counter Iberiabank and request that the due diligence period be extended for an additional thirty (30) days and as a consequence that the closing be pushed to the end of March. He stated this is something the Commission needs to discuss and they need to have some framework of understanding before they enter into that transaction. The City Attorney stated if Iberiabank is willing, at the first meeting in March he will come back to the Commission with an Agenda item that presents all of his due diligence material so that this board can have a discussion on what the status of the property is and the Commission is still within the window and if they choose, for any reason, they can elect to terminate the agreement and get their deposit back. The City Attorney stated he has described the fee agreement with Mr. Furr (special bankruptcy counsel) and noted that Mr. Rubin is currently under contract with the City and the firm of Rogers and Towers has represented Iberiabank for at least two plus years and is the lead counsel on the foreclosure and has a history and knowledge of this loan. Therefore, the City Attorney stated he would like to engage him as special counsel should foreclosure be required if the City moves forward. Vice Mayor Petrolia stated Mr. Sweetapple commented that the City is in jeopardy of dealing in bad faith. The City Attorney stated he sees no liability as a result of the City contacting Iberiabank and asking whether or not they would like to purchase that loan. Vice Mayor Petrolia inquired if asking for the extra thirty (30) days going to jeopardize the City's situation in being able to purchase the first position if someone else were to come along and possibly offer more. The City Attorney stated the jeopardy is whether or not Iberiabank will agree to the thirty (30) day extension because he just learned that information today. The City Attorney stated Auburn Trace tomorrow could write a check and pay off the debt; until there is either foreclosure or the City acquires the loan, Auburn has always had that legal right (they either chose not to do that or do not have the ability to do that). Furthermore, the City Attorney stated if Iberiabank agrees to extend the due diligence period there is no jeopardy; the City has a contract with Iberiabank and the first right to purchase that loan. Brief discussion between Vice Mayor Petrolia and the City Attorney continued. The City Attorney explained that the property as of today is subject to a land 23 01/20/15 use restriction with respect to the maximum income tenants can earn if they chose to rent at this complex. The City Attorney stated what may likely happen as a result of a refinancing there may be a new rental restriction on the property so the affordable housing restrictions would be more severe not less. The City Attorney stated you value an affordable housing property differently because you cannot charge market rate rents. Mr. Frankel asked since 1989 how much has the city been paid back of the $3.8 million of the UDAG (Urban Development Action Grant). Mr. Warner stated he believes the original loan was more than the $3.8 million; the $3.8 million is the remaining principal balance to which you add $1 million of accrued interest. Therefore, Mr. Warner stated some of the principal has been paid down and there has been a series of transactions that have occurred where the city received some money (approximately $500,000 give or take). The City Attorney stated if the City acquires the mortgage it is the City's best opportunity to preserve the maximum equity in that second mortgage; however, it comes with risks (i.e. the time risk, the valuation risk, and money the City has to frontload). The City Attorney stated the alternative is that the City is now a second creditor in a bankruptcy and the City has less control of the outcome of that bankruptcy. The City Attorney stated another case (i.e. a third party investor) could acquire the lberiabank loan, pay full value, and then try to extinguish or foreclosure the City. The City Attorney stated he believes the property is worth more than the first mortgage so there is an over equity situation. Mr. Frankel expressed concern that borrowing multi-million dollars to potentially get a good return is risky. The City Attorney stated one of the advantages is the bankruptcy court unlike state court foreclosure; unlike a contractual obligation; when the bankruptcy court provides a plan of reorganization he believes there is real enforcement. The City Attorney stated if the debtor does not do what is required he believes there will be promptness with enforcement by a court of law. Robert Furr, Furr and Cohen, 1 Boca Place, 2255 Glades Rd #337, Boca Raton, FL 33431, stated the debtor filed bankruptcy approximately twelve (12) days ago and as of today they had to file their full schedule. Therefore, Mr. Furr stated they do not know what their total assets are or what they claim are causes of action such as what were threatened earlier in the Commission meeting this evening. Mr. Furr stated once those full cases are filed he will have a better idea of where this case is going to go. Mr. Furr stated what he can see in the initial filing is there are two major secured creditors; one third small secured creditor and maybe 5-10 small or unsecured creditors of maybe less than $10,000420,000. Mr. Furr stated if the City is in the first or second position then the City is going to make this case go wherever they want it to go; if the City's decision is they want to try to get as much money out of the property they want by having it sold to a third party they can do that. Mr. Furr stated if the City wants to protect the residents there and continue to operate it as a fixed income property as it is operating presently the City can do that and take over the ownership or find another operator to come in and buy from the City and operate it the way they want to because they were not satisfied with Auburn Trace as an operator. Mr. Furr stated any commercial bank that 24 01/20/15 had the City's second position would do this in a second and as long as the City goes through the due process that the City Attorney has discussed there is no risk or minimal ri sk. Mayor Glickstein stated a thirty (30) day due diligence in a complex transaction like this is not adequate when you overlay the tax credit financing on this which is driving the cash flow and driving the value. Therefore, Mayor Glickstein stated he believes that any buyer is going to be faced with that same analysis. Deputy Vice Mayor Jarjura moved to approve a Loan Purchase and Sale Agreement between lberiabank and the City of Delray Beach for the purchase of the lberiabank loan for the Auburn Trace Affordable Housing Apartments, to authorize staff to perform all necessary due diligence with the amended and recommended due diligence period (moved up to March 13, 2015) as outlined in the comments by the City Attorney tonight including obtaining a title insurance commitment prior to acquiring the loan and to approve the agreement with Special Counsel in connection with the pending foreclosure and bankruptcy proceeding and extending the closing date to no later than the last day of March, 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. At this point, Mr. Jacquet stated he will be leaving the meeting early and since he will not be present for Commission comments he wished to note that he sent an email to the City Manager regarding a Sister Cities for Haiti. Mr. Jacquet stated he was in Haiti for the past two weeks and received an invitation to come and discuss the possibilities of a Sister Cities for the City of Aquin for February 4-9, 2015. Mr. Jacquet stated in order to make that a reality the Commission would have to have a consensus to say "yes" or "no". Mayor Glickstein stated he believes that this Commission already decided as a policy to expand the Sister Cities initiative. Vice Mayor Petrolia moved to extend the meeting beyond 11:00 p.m., seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — Yes; Mr. Jacquet—No; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. At this point, the time being 11:01 p.m., Mr. Jacquet left the meeting. At this point, the Commission moved to Item 9.A., of the Regular Agenda. 9.A. WAIVER REQUEST/GARY'S RACK FAT ROOSTER: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(J)(3), "Roof Signs", for two flat wall signs to be placed above the roofline or on the parapet for Gary's Rack Fat Rooster located at 204 East Atlantic Avenue. (Quasi- Judicial Hearing) 25 01/20/15 Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into the record for Items 9.A., 9.11., and 9.C. Chevelle 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. Mr. Frankel stated he spoke with Gary Rack, Deputy Vice Mayor Jarjura stated she spoke with resident Lee Cohen. Vice Mayor Petrolia stated she had no ex parte communications. Mayor Glickstein stated he had no ex parte communications. Al Berg, Assistant Director of Community Improvement, stated Rack's Fat Rooster Restaurant is requesting a waiver to LDR Section 4.6.7(J)(3). The property is located at 204 East Atlantic Avenue. Mr. Berg stated the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification on September 23, 2014 to allow a change to the architectural elevations by raising the parapet wall along the north and west elevations. He stated the idea is to not have a sign extend above the roofline; with the new changes the applicant will have plenty of room for the placement of a sign. Mike Covelli, Covelli Design Associates, Inc.. 2295 NW Corporate Blvd., Suite #213, Boca Raton, Florida 33431(speakin2 on behalf of the applicant), stated in order to apply with Code the only signage that they could do is cover the entire awning with the signage and they want to do something more tasteful. Mr. Covelli stated because of the roof deck only being twelve (12) feet high in this particular case, he is requesting the waiver in order to allow the signage on the parapet wall. 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. There being no one from the public who wished to address the Commission regarding the waiver request, the public comment was closed. There was no cross-examination or rebuttal. Deputy Vice Mayor Jarjura stated she is in favor of the variance because there is no o� structure that has this unique height; and, because the parapet has been approved it wo�= ot look right if the signage is not put where it was intended to be on that extension. Vice Mayor Petrolia stated she supports the waiver request as well. 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 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. Said motion passed with 4 to 0 vote. 26 01/20/15 9.B. CONSIDER A SIDEWALK IN-LIEU FEE/ 130 SE 7" AVENUE: Consider a request from the property owner of 130 SE 7t Avenue for a sidewalk deferral or the option to pay a fee in-lieu of sidewalk. (Quasi-Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he had no ex parte communications to disclose. Deputy Vice Mayor Jarjura stated she spoke with Mr. Halberg and also went on a site visit. Vice Mayor Petrolia stated she spoke with Mr. Halberg as well. Mayor Glickstein stated he had no ex parte communications to disclose. Dana Little, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2014-037 into the record. '4 Mr. Little stated the property is located at 130 S.E. 7th Avenue and is in the Marina Historic District. He stated in April/May of last year building permits were issued for the construction of a new single family home which included a location for a new five foot (5') sidewalk. In October 2014, the applicant requested a sidewalk deferral or the option to pay in-lieu versus constructing the new sidewalk. At its meeting of November 13, 2014, DSMG(Development Services Management Group) did not support a sidewalk deferral or the in-lieu fee option and requested that the sidewalk be installed. Mr. Little stated DSMG considered the following elements of the property: (1) that it is within the Transportation Concurrency Exemption Area (TCEA) and per the Comprehensive Plan Policy D-3-7 in the Transportation Element"the City shall eliminate the missing links in its sidewalk network..." and (2) the builder installed a "D" type curb to form on-street parking which has a concrete sidewalk along its edge and there were some elements that lean towards the necessity of a sidewalk in this area. On December 16, 2014, the developer (Mr. Chuck Halberg) submitted a letter requesting to go before the City Commission to request the in-lieu option "we believe installing this walk to nowhere at this time is a hazard. There currently is no sidewalk to the south and no sidewalk to the north. There are currently 23 parking spaces to the north which prohibit the installation of that section of sidewalk so no connection can be made at this time." Mr. Little commented about S.E. 1st Street and S.E. 7th Avenue (looking to the southwest) and at the intersection there is a sidewalk but it is not raised (no curb and gutter along the edge). He stated as you move further south over time partially in the right-of-way and partially on private property is head-in parking. He stated as you head further south closer to the subject property that condition continues and it is interrupted periodically with mailboxes, etc. Mr. Little stated it is not a consistent sidewalk in place right now nor would it be an easy to do the whole length of the street. Mr. Little stated the option since the September 9, 2014 Workshop meeting from staff s perspective is (A) build the sidewalk, (B)participate in the payment in-lieu program (depending on your location), or (C) continue with the deferral application or request. He stated in this case it is an approximate a 50 foot(50')wide lot and it would be about a $4,000 contribution in terms of the payment in-lieu. Staff recommends denial of the requested sidewalk deferral or in- lieu payment request for 130 S.E. 7th Avenue. Chuck Halbert, Stuart and Shelby Development, 205 George Bush Boulevard, Delray Beach, FL 33444 (representing Carolyn and Bill Schroth), stated 27 01/20/15 they have been living here about 8 years and 2 years ago bought the property to build their final home on (April 2013). Mr. Halberg stated the home is historic and it took approximately a year to get through the process. He stated at that time there had been discussions about a sidewalk deferral and when they received the permit that all got put on hold until they were getting ready to finish the house. Mr. Halberg stated his understanding is they did not want the "D" curb but that came from Engineering and he felt that a valley curb would have been the proper thing to do. Mr. Halberg stated the payment in-lieu gives the city the money ($2,048 a square foot; $40 a lineal foot x 50 = $2,000). He stated the idea was to pay it and if they ever get to the point of doing it all for foot traffic then it makes sense to do it all at once. However, Mr. Halberg stated he does not feel now is not the time to do it. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the sidewalk in-lieu fee, to come forward at this time. There being no one from the public who wished to address the Commission regarding the sidewalk in-lieu fee, the public comment was closed. Mr. Little stated Mr. Halberg is correct with respect to thethematical calculation for the in-lieu payment. There was no cross-examination or rebuttal. Deputy Vice Mayor Jarjura stated she does not support a deferral because of the point that was raised by city staff that this is part of the Comprehensive Plan to eliminate the missing links and the sidewalk network throughout the TCEA within the quarter mile of this boundary. However, Deputy Vice Mayor Jarjura stated this is a case where she does believe the in-lieu fee option is appropriate for the language that Mr. Halberg highlighted that it is inappropriate (i.e. there are historical homes on the street, the conditions of the back out parking with those 25 spaces to the north are going to remain that way for some time, at that time the in-lieu payment fee that is paid now as well as any other additional in-lieu fees should then be applied to have a continuance sidewalk to meet the Comprehensive Plan Policy D-3.7.) Deputy Vice Mayor Jarjura stated to the south and north there is no sidewalk and because of the existing conditions with the back out parking it would create an unsafe situation where someone could dart in and out. Deputy Vice Mayor Jarjura stated aesthetically she can see staff s point that this is a unique existing condition now with the curb with no sidewalk but she would rather take the money and utilize it toward a long-term plan of completing this sidewalk on this piece. Deputy Vice Mayor stated she supports an in-lieu fee not a deferral. Vice Mayor Petrolia concurs with Deputy Vice Mayor Jarjura for exactly the same reasons and she fully understands why staff would have to make the recommendation to not accept that because it is in the TCEA area and it requires them to make that decision. 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). 28 01/20/15 Vice Mayor Petrolia moved to adopt the board order as presented (approving the waiver for sidewalk installation for 130 S.E. 7m Avenue), 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. Frankel — Yes. Said motion passed with a 4 to 0 vote. 9.C. CONDITIONAL USE REQUEST/SUNFLOWER CREATIVE ARTS CHILDCARE: Consider approval of a conditional use request to establish a child care facility, Sunflower Creative Arts Child Care within the Del-Ida Park Historic District. The project consists of the adaptive reuse of the 3,132 square foot, contributing structure from a single-family residence to a childcare facility, along with associated site improvements including a thirteen (13) space parking area located on the east side of the property located at 227 Dixie Boulevard. (Quasi-Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he responded to an email that Attorney Jeffrey Lynne sent (not as an attorney); Deputy Vice Mayor Jarjura stated she received the same email but she did not respond to it; Vice Mayor Petrolia stated she received the same email but she did respond; Mayor Glickstein stated he too received an email and also received a telephone call from Tom McMurrian (who actually grew up in this house built by his dad). 41116 Dana Little, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2015-027 into the record. Mr. Little stated the subject property is a little over a half acre and includes a 3,132 square foot contributing single-family structure within the Del-Ida Park Historic District. He stated the project consists of the adaptive reuse of this residence and converting it into a child care facility. The associated improvements would include a parking area upfront that would be accessed by Dixie Boulevard. Mr. Little stated the applicant is SunFlower Creative Child Care and has been in operation in Boca Raton for twenty-two (22) years and the business is looking to establish their first "home" and create a facility for a licensed child care for a nature based alternative day care option for parents in the area. The facility proposes to provide service of up to twenty-five (25) pre- school aged children Monday through Friday, between the hours of 8:30 a.m. and 2:30 p.m. Mr. Little briefly reviewed the location map and stated the property is currently zoned RO (Residential Office); day care and adult day care uses are permitted upon conditional use approval. Mr. Little also reviewed the existing conditions of the property. Joni Brinkman, Urban Design Kilday Studios, speaking on behalf of the applicant Sunflower Creative Arts, stated they are proposing to construct all the parking on the northeast portion of the vacant lot; it is a contributing structure in the neighborhood and the entire goal of the neighborhood is to maintain the residential character. Ms. Brinkman stated they are also installing pavers to give that residential feel and revised their site plan. She stated they meet the findings as required by the Code for the conditional use, the child care use is not detrimental to the neighborhood, it is consistent with the land use and zoning and is permitted as a conditional use approval, the 29 01/20/15 use is in compliance with level of service standards and meets concurrency items, the proposed use is in compliance with LDR Sections as required and Chapter 3, Policy A- 4.1 of the Comprehensive Plan. Based on staff s recommendations, Ms. Brinkman requests approval. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the conditional use request for Sunflower Creative Arts Child Care, to come forward at this time. Joe Snider, Architect, 1010 N.E. 81h Avenue, #35, Delray Beach, FL 33483 (has been on City Boards including the Green Task Force and currently serves on the Palm Beach County Zoning Commission), speaking as a parent and a Sunflower Creative Arts family member Mr. Snider stated this organization will be a fantastic asset to Delray Beach. In addition, Mr. Snider stated the organization offers great programs in addition to daycare. N16, There being no one else from the public who wished to address the Commission regarding the conditional use request, the pub comment was closed. There is no cross-examination or rebuttal. Mayor Glickstein stated this great. 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, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 4 to 0 vote. 9.D PROPOSED AGREEMENT/GABRIEL, ROEDER, SMITH & COMPANY (GRS): Consider approval of an agreement with Gabriel Roeder Smith & Company (GRS) for actuarial consulting services that reflects the City's expected FY 2015 requirements for actuarial services in an amount not to exceed $50,000.00. Funding is available from various sources. Jack Warner, Chief Executive Officer/Finance stated the City uses GRS to provide actuarial consulting in support of the bargaining activity and staff is in the process of transitioning the relationship from the City Attorney to Finance and felt it was a good time to modify the existing contract signed 18 months ago. Mr. Frankel moved to approve an agreement for fiscal year 2015 acquisitions of actuarial and consulting services from GRS in the amount not to exceed $50,000.00, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — No; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, 30 01/20/15 Commissioner Petrolia dissenting. 9.E. SOFTWARE LICENSE AGREEMENT/SUNGARD PUBLIC SECTOR, INC.: Consider approval of a Software License Agreement with Sungard Public Sector, Inc. retroactive to October 1, 2014, for software licensing maintenance and support for Public Administration Software at a cost not to exceed $342,000.00 for a three-year term. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source". Jack Warner, Chief Executive Officer/Finance stated Sungard Public Administration software is what the City uses for all of the business with the exception of the Police and Fire specialized software. Mr. Warner stated the way software is acquired and sold is that there is an initial license and there is an ongoing maintenance fee that is paid every year to the software vendor. He stated the City has had this software for close to thirty (30) years. Mr. Warner stated since he has been here staff is in the process of looking for alternatives for the software and even if staff was prepared to make a recommendation today. He stated it would likely be much of the three (3) year term maintenance agreement that staff is asking for before they would be able to do the switch out and transition to the new software regardless of who the vendor is even if it is Sungard. Mr. Warner stated the City has the software and using it and the City is required to pay the annual maintenance and staff requests authorization from the Commission to make the payments. Deputy Vice Mayor Jarjura stated she previously requested that this item be pulled when Mr. Cooper started his employment in January. Deputy Vice Mayor Jarjura asked what changes have been made from the previous item. Mr. Warner stated the major changes from the time that the Commission saw this in December was a four- part item (Mr. Warner noted that he was not actually in the meeting) which included this license and it also included a recommendation to move forward to upgrade within the Sungard family which included a small $12,000 item needed in the Utility Billing division to facilitate the Meter Change-out Project that is ongoing and it included a couple of consulting contracts that were associated with the upgrade to Sungard but were not with Sungard. Deputy Vice Mayor Jarjura stated she had some questions as to whether or not the expiration date and the termination clause has been corrected. The City Attorney stated there is now a termination for convenience for a thirty-six (36) month term in the agreement and he also revised the agreement that any substantial travel must be approved in advance. Mr. Frankel moved to approve the Software License Agreement with Sungard Public, 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. Said motion passed with a 4 to 0 vote. 9.H. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Nomination for appointment of one (1)regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2018. Based on the rotation system, the nomination for appointment will be made by 31 01/20/15 Commissioner Frankel (Seat#3). Commissioner Frankel moved to nominate Stephanie Sugar (incumbent) as a regular member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2018, 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. Frankel — Yes. Said motion passed with a 4 to 0 vote. 9_I. DISCUSSION/SECOND REGULAR CITY COMMISSION MEETING IN FEBRUARY 2015: Discussion regarding the rescheduling of the February 17, 2015 Regular City Commission Meeting. (ADDENDUM) The City Clerk stated the City Clerk's office was notified on January 6, 2015 that the Delray Beach Open by the Venetian Las Vegas will be held February 13- 22, 2015 and the City Commission presently has a meeting scheduled for February 17, 2015. The City Clerk requests that the City Commission move their meeting from Tuesday, February 17, 2015 to Tuesday, February 24, 2015. Vice Mayor Petrolia moved to approve to move the regular City Commission meeting from February 17, 2015 to February 24, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein— Yes; Vice Mayor Petrolia — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 4 to 0 vote. V 11. FIRST READINGS: A.^None 12. E ND ES ON NON-AGENDA ITEMS. 12.A Ci er None. 12.B. City Attorney None. 12.C. City Commission 12.C.1. Deputy Vice Mayor Jariura Deputy Vice Mayor Jarjura echoed comments expressed by Mayor Glickstein about not outsourcing the maintenance employees of the Public Works and Parks and Recreation Departments. Furthermore, Deputy Vice Mayor Jarjura stated she sent a communication to the City Manager and spoke to him on the telephone about this 32 01/20/15 and that as far as she understood it there was no direction or a policy decision made by this Commission to outsource any maintenance employees. Secondly, Deputy Vice Mayor Jarjura commented about the Community Gardens ordinance. She stated when the City does the cleanup for the CBD that we also need to make sure that was addressed because she does believe it was noted in previous presentations by the Planning and Zoning Department about the Community Gardens ordinance. 12.C.2. Mr. Frankel Mr. Frankel congratulated The Ohio State University on the National Championship. 12 i Mayor P r li .C.3 Vice ayo et o a None. 12.C.4. Mr. Jacquet None. 12.C.5. Mayor Glickstein None. The b o busines ayor Glickstein declared the meeting adjourned at 11:44 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 20, 2015, which Minutes were formally approved and adopted by the City Commission on June 16, 2015. 33 01/20/15 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 34 01/20/15 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 RACK'S FAT ROOSTER RESTAURANT AT 204 E. ATLANTIC AVENUE 1. This waiver request came before the City Commission on January 20, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Gary Rack's Fat Rooster Restaurant at 204 E. Atlantic Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. 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 4.6.7(J)(3) Pursuant to LDR Section 4.6.7(J)(3), a sign erected on the roof, or above the roof line, or on the parapet is a prohibited sign. The applicant is proposing two flat wall signs to be placed above the roofline on the parapet. Should the waiver to Section 4.6.7(J)(3) allowing two flat wall signs to be placed above the roofline on the parapet at 204 E. Atlantic Avenue be granted? Yes 4 No 0 1 City Commission Regular Meeting 1/20/15 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. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 20th day of January 2015, by a vote of 4 in favor and 0 opposed. ATTEST. Cary D. li &t , ayor Chevelle Nubin, City Clerk 2 City Commission Regular Meeting 1/20/15 Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR THE SIDEWALK INSTALLATION FOR 1130 S.E. 7t" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request came before the City Commission on January 20, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the sidewalk installation requirements for 130 S.E. 7th Avenue. All of the evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 6.1.3(D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Similarly, a complete waiver may also be granted. A. Waiver to LDR Section 6.1.3(C)(4). Pursuant to LDR Section 6.1.3(C)(4), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. However, installation of sidewalks within a residential subdivision may be waived or deferred. Or, in situations where it is inappropriate to install a sidewalk concurrent with development, installation of a sidewalk may also be substituted by an in lieu payment of funds sufficient to pay for installation of the sidewalk at a later date in pursuant to 6.1.3(D)(3). The applicant is asking to waive the requirement for the installation of the sidewalk and if granted pay an in lieu fee. L Should the waiver for the sidewalk installation for 130 S.E. 7th Avenue be granted? Yes 4 No 0 City Commission Regular Meeting 1/20/15 Item 9.13. If the waiver is not granted, no further action is required by the City Commission. If the waiver is granted, the following must be considered: ii. Should the applicant be required to pay an in lieu fee to cover the cost of the sidewalk installation at a later date? Yes 4 No—O 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver request for the sidewalk installation at 130 S. E. 7th Avenue and hereby adopts this Order this 20th day of January, 2015, by a vote of in favor and opposed. /A ATTEST: Cary D. Glickstein, Mayor e, r Chevelle Nubin, City Clerk 2 City Commission Regular Meeting 1/20/15 Item 9.13. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR SUNFLOWER CREATIVE ARTS CHILD CARE AT 227 DIXIE BOULEVARD ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request came before the City Commission on January 20, 2015. This conditional use request is to allow a child care facility to be established at 227 Dixie Boulevard. 2. The City staff and Applicant presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Sunflower Creative Arts Child Care facility. All of the evidence is a part of the record in this case. Required findings are made in accordance with Sections I and I1. I. COMPREHENSIVE PLAN a. Comprehensive Plan— Future Land Use Element Objective A-1: This objective requires 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 4 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 Future Land Use Map designation of TRN (Transitional) and a zoning designation of RO (Residential Office). Is the project's proposed location consistent with the Future Land Use Map? Yes 4 No 0 City Commission Regular Meeting 1/20/15 Item 9.C. C. Concurrency: 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 must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic,parks, open space, solid waste, and schools? Yes 4 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 4 No 0 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings (Conditional Usel: 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. Are the requirements of Section 2.4.5(E)(5) met? Yes 4 No 0 3. The comments and notes set forth in the staff report are hereby incorporated herein. 2 City Commission Regular Meeting 1/20/15 Item 9.C. 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 litnited to the staff reports and testimony of experts and other competent witnesses supporting these findings. G. 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 trade a part Hereof, and hereby adopts this order this 20th day of January, 2015,by a vote of 4 in favor and 0 opposed. ATTEST: fj Cary D. Glick- ,Mayor Chevelle Nubin City Clerk 3 City Commission Regular Meeting 1/20/15 Item 9.C. EXHIBIT A TO THE CONDITIONAL USE REQUEST FOR SUNFLOWER CREATNE ARTS CHILD CARE 1. That should the Royal poinciana tree be removed, due to necessity (i.e. poor condition) or other justifiable means, then an appropriate substitution should be required as deemed acceptable by the City's Landscape Planner, and in accordance«ith the LDRs. 2. That a site plan, similar to the plan submitted for Conditional Use review be granted approval by the HPB. 3. That compliance with LDR Section 4.3.3(E) be assured,with a plan specifying the dedicated areas for the students; a statement explaining the proposed play area to include any relevant exhibits or illustrations, and a statement of commitment regarding compliance with State and County-regulations. 4 City Commission Regular Meeting 1/20/15 Item 9.C. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald Cooper, City Manager DATE: May 21, 2015 SUBJECT: AGENDA ITEM 4.A.-REGULAR COMMISSION MEETING OF JUNE 16,2015 SPOTLIGHT ON EDUCATION BACKGROUND Glayson LeRoy from Green Living Technologies International will be sharing with the City Commission the partnership his company created with Atlantic Community High School and Trinity Lutheran School to implement an"educational green project"which involved an edible wall unit. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 21, 2015 SUBJECT: AGENDA ITEM 7.A.-REGULAR COMMISSION MEETING OF JUNE 16,2015 RESOLUTION 33-15(TAX EXEMPTION REQUEST FOR 42 PALM SQUARE BACKGROUND The item before the City Commission is approval of a tax exemption request for improvements to the property located at 42 Palm Square, a contributing property within the Marina Historic District. The subject property is located on the west side of Palm Square within the Marina Historic District. The property is zoned RM (Medium Density Residential) and contains a circa 1938 one-story, Minimal Traditional style single-family residence and detached single-car garage. In 2014, the Historic Preservation Board approved a COA for minor additions and alterations to the residence consisting of a rear addition (155 square feet) to accommodate additional living area with the original shiplap siding replicated on the exterior, rear patio, and the installation of a decorative metal roof tile. The attachments in this report include a description of work, elevations, and photographs of the structure before and after the completed project. The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on December 19, 2014. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their March 18, 2015 meeting and recommended approval of the Ad Valorem Tax Exemption Application. The tax exemption will apply only to the difference in assessed value after the eligible property improvements. The applicant is now before the City Commission for final approval of the exemption request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. The request contains qualifying improvements under LDR Section 4.5.1(1) and is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1 Q)(7)(d)b., upon approval of the Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures associated with the qualifying improvements total approximately $180,000. The tax exemption will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) resulting from the subject improvements and provide an abatement of taxes on the City and County portions for a period of ten years from the date of approval. RECOMMENDATION Approve Resolution 33-15, Tax Exemption for Historic Properties, for improvements to the property located at 42 Palm Square, Marina Historic District, based upon positive findings with respect to LDR Section 4.5.1Q). HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: Claudia Willis Property Address; 42 Palm Square, Marina Historic District HPB Meeting Date: March 18, 2015 File No.: 2015-085 ITEM BEFORE THE BOARD The action requested of the Board is to approve a Historic Property Ad Valorem Tax Exemption Application for improvements to a contributing structure located at 42 Palm Square, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(J). BACKGROUNDIPROJECT DESCRIPTION The subject property is located on the west side of Palm Square within the Marina Historic District. The property is zoned RM (Medium Density Residential) and contains a circa 1938 one-story, Minimal Traditional style single-family residence and detached single-car garage. At its meeting of June 4, 2014, the Historic Preservation Board approved a COA for minor additions and alterations to the residence consisting of a rear addition (155 square feet) to accommodate additional living area with the original shiplap siding replicated on the exterior, rear patio, and the installation of a decorative metal roof tile. The attachments in this report include a description of work, elevations, and photographs of the structure before and after the completed project. The applicant is now before the Board to request review of the Tax Exemption Application for the aforenoted site and building improvements. Landscaping associated with this project is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement," pursuant to the Florida Administrative Code 1A-38. Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before, during, or after it has been undertaken. The applicant therefore requests consideration of the ad valorem tax exemption as the project has been completed. AD VALOREM TAX EXEMPTION LDR Section 4.5.1(J), Tax Exemption for Historic Properties Pursuant to LDR Section 4.5.1(J), a tax exemption is available for improvements to qualifying contributing properties in a designated historic district or individually designated properties, as listed in Section 4.5.1(1). Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on one hundred percent (10091o) of the increase in assessed value resulting from any HPB approved renovation, restoration, rehabilitation, or other improvements of the qualifying property made on or after the effective date of the original passing of Ordinance 50-96 on November 19, 1996, LDR Section 4.5.1(J)(1), clarifies that the exemption does not apply to the following: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. 42 Palm Square,Tax Exemption Application 2015-085 HPB Meeting Marcie 18,2015; Page 2 of 4 LDR Section 4.5.1(J)(2), explains the exemption period shall be for ten (10) years, unless a lesser term is set by the City Commission. (a) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to authorize such exemption or change in ownership of the property. (b) To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was authorized. LDR Section 4.5.1(J)(4) provides the parameters for qualifying properties and improvements. The subject property qualifies as it is listed on the Local Register of Historic Places, LDR Section 4.5.1(J)(5) requires that for an improvement to a historic property to qualify the property for an exemption, the improvement must: (a) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; and (b) be a constructed and/or installed improvement as approved by the Historic Preservation Board and as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended which defines real property improvements as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new. The exemption does not apply to improvements made to non-contributing principal buildings, existing non-contributing accessory structures., or undesignated structures and/or properties; and, (c) be consistent with Section 4.5.1(E), `Development Standards", of the City's Land Development Regulations; and (d) include, as part of the overall project, visible improvements to the exterior of the structure. STAFF COMMENT: The project meets the above criteria through previous approval by the Board of the associated improvements outlined above which constitutes its compliance with the Secretary of the Interior's Standards for Rehabilitation, as well as the rules of Florida Administrative Code 1A-38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion (c) per the COA approval which applied the LDR Development Standards in the assessment of the proposal. Finally, the project meets criterion (d) as the project encompasses visible improvements to the exterior of the building and related property. LDR Section 4.5.1(J)(7), Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must submit a Historic Property Tax Exemption Application to the Planning and Zoning Department upon completion of the qualifying improvements. (a) The application shall indicate the estimated cost of the total project, the estimated cost attributed solely to the historic structure, and project completion date as determined by the Certificate of Occupancy issued by the Building Department. (b) The Historic Property Tax Exemption Application shall be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property; a new property survey illustrating the improvements, a copy of the building permit application indicating estimated project cost; a copy of the Certificate of Occupancy/Final Inspection, and photographs illustrating the before and after of each improvement, including both the interior, exterior, and all new construction. The photographs shall be identified with a date and description indicating the impact of the improvement. (c) The application must be submitted within three (3) months from the date of issuance of a Certificate of Occupancy. 42 Palm Square,Tax Exemption Application 2015-085 HPi3 Meeting March 18,2015; Page 3 of 4 (d) The Historic Preservation Planner will inspect the completed work to verify such compliance prior to Historic Preservation Board review. a. If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the approved plans and the review standards contained in Section 4.5.1(E), the Board shall recommend that the City Commission grant the Historic Property Tax Exemption Application. b. Upon a recommendation of approval of a Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. c. If the Historic Preservation Board determines that the work as completed is either not consistent with the approved plans or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the request has been denied STAFF COMMENT: The qualifying improvements were completed and submitted within three months of the Certificate of Occupancy which was issued on December 19, 2014. LDR Section 4.5.1(J)(8), Historic Preservation Exemption Covenant, explains the covenant required in order to qualify for the exemption: (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 292.12(3), Florida Statutes. LDR Section 4.5.1(J)(10), Revocation Proceedings, provides guidelines to revocation of the tax exemption upon violation of the recorded covenant. (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be 42 Palm Square,Tax Exemption Application 2015-085 HPB Meeting March 18,2015; Page 4 of 4 provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the fax exemption on the property as of January 1st of the year following receipt of the notice of revocation. The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply with the consequences. ANALYSIS The tax exemption request complies with the criteria contained in LDR Section 4.5.1(J) as the Historic Preservation Board approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1(J). ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property at 42 Palm Square, Marina Historic District, based upon positive findings with respect to LDR Section 4.5.1(J). C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property at 42 Palm Square, Marina Historic District, based upon a failure toe. See above )make positive findings with respect to LDR Section 4.5.1(J). Lotion to be phrased in the affRECOMMENDATION Recommend approval to the City Commission of the Historic Property Ad Valorem Tax Exemption Application (2015-085) for improvements to the property at 42 Palm Square, Marina Historic District, based upon positive findings with respect to LDR Section 4.5.1(J), Report Prepared by.Amy E, Alvarez, Historic Preservation Planner PART TWO PROPERTY IFORMAT1Ohl-: Property Controf Number: Z 6314- Legal 314-Legal Description (attach separate sheet if necessary): P r>t � �y 3� cam. �! � � � Zoning Designation: I D Property is: vl a Local Historic District V'-'in a National Register District Individually Listed on Local Register Individually Listed on National Register Use of Property Prior to Improvements: Use of Property After to Improvements: Original Date of Donstruction:16 Dates of Previous Alterations: Has-the buftng ever been moved or relocated' f }Yes MNG if so, when? -_ ... _ From,Where? Description of Physical Appearance Prior to Improvements: Provide information about the major exterior and interior features of the building. Describe the building in its exisfing condition(before improvement)—not as it was when first built(unless unchanged)or as it will be after improvement. Mote the architectural style, exterior construction materials (wood, brick, etc.),type of roof(flat, gable, hipped, etc,), number of stories, basic plan (rectangular, irregular, L-shaped, etc.), anddistinguishing architectural- features (placement and type of windows, chimneys, porches, decorative interior features or spaces). Describe any changes that have been made to the building since its original construction(i.e.,additions, porch enclosures, new storefronts, relocation.of doors and windows, and alterations to the interior). other buildings-on the houses, barns and sheds should also be described. Finally, discuss the way ingwhich the building such e tesst pothers in the district in terms of siting,scale,material,construction,and date of construction. This l story,wood frame building is a single family home built in the Minimal Traditional style. This residence of approximately loll sq ft, is rectangular and it feature a porch across part of the front which was enclosed with glass prior to current ownership in 1980. It has a projecting gable end bay that intersects with the main gable of the roof which is currently covered in asphalt shingles (about 25 yrs in age.)All of the original windows were replaced over time by metal awnings but the original wood frames remain. The frames have no decorative detail. There is a chimney on the north side in excellent condition. In 2001 a rear bathroom of approximately 50 Sq Ft was added to the rear of the house. It was distinguished from the historic structure with high windows and a small intersecting gable. It is not visible from the street. There is an additional detached single car garage also covered with asphalt shingles. The interior floor plan retains all the original walls,paneling,floors, and trim which are all cypress. The trim is very plain with no decorative detail. Most of the cypress is stained with the exception of the trim and the ceilings which were painted white and all are in excellent condition. The original cypress mantle and working brick fireplace are in excellent condition. The front porch (approximately 78 sq ft) and rear porch(approximately 194 Sq ft) were both enclosed by previous owners. The rear enclosed porch floor is on a low concrete slab and well below the level of the rest of the house as is the front enclosed porch. The house and garage have been painted many times but the ship lap siding is is good condition except the bottom few boards. Statement of Significance: Summarize how the building contributes to the significance of the district. This summary should- relate to the significance of the district (including the district's period of significance) as identified in the National Register nomination or district designation documentation. Is it similar to other buildings in the district in scale, building materials, style, and period of construction? Mote important persons from the past associated vAth the Wilding, former uses of the property, and the name of the architect or builder, if known. This residence is listed as a contributing building on the National Registered Marina Historic District. It is FMSF #PB10294_ It represents a style popular in th 1930's and illustrates the development history of the area. The one block street where it is located has resisted development pressure and retains the 10 original homes. PART THREE- PROJECT INFORMATION Type-of request.: (X) Exemption under 196.1997, F.S. (standard exemption) ( )- Exemption under 1.95..1.99a, F.S. (exemption for properties occupied by non profit- organizations or government agencies and regularly open to the pubic) Project Start Date: -Sr-of Z O 4,� Project completion Date: (Certificate of Occupancy Issued by Building Department) S Total Estimated Project Costs: Total Project Cost Attributed Solely to-the Historic Structures: 96t 0c a /1411//Ye s-0 6--r- /V % n 4Ai ov'ea-' PART FOUW.APPLICATION REQUIREMENTS Please provide one complete of all applicable items noted below. 2,"Warranty Deed "urvey — Provide a copy of a survey from both before and after the improvements when the building footprint(s}has changed. W--'Site Plan, Exterior Elevations, Floor Plans —As approved by the HPB. 13"Attachment Sheets —When necessary. ❑ Photographs (Labeled) — Provide a before and after photo of each exterior elevation, all new construction, and all interior improvements. Each page should contain a before and after photo of the same item; provide a corresponding description of the photos and the improvements. Photographs are not returnable. Polaroid photographs are not acceptable. Such documentation is necessary for evatuation of the effect of the improvements on the historic structure. Where such documentation is not provided, review and evaluation cannot be completed.This shall result-in a recommendation for denial of the request for exemption. NOTE: All features should be identified with the approximate date, a description, and impact of work on existing feature_ All pages should include the property address. o""Most Recent Tax Bill C"Applicable Fee,.payable to the City of Delray Beach- See cover sheet. G Executed Agent Authorization Form Afq-- 418 Marina Historic District Page Four V. PRESENT USE, CONDITION AND ZONING (Continued) B, Current Zoning - 2. The remainder of Palm Square unrecorded and Blocks 126 and .. the west one half of block 118 is zoned RMIO. 3. Block 127 and 128 and the west one half of blocks 119 and 120 are zoned R-IAA. VI. IMPACT The Marina Historic District designation will give confidence and strengthen the resolve of the neighborhood residents preserving the character and unique quality of the historic district. The designation also encourages restoration and preservation of historic buildings. VII. RESOLUTION The Marina area, with its varied building styles and examples of prominent architects of the time, is a composite of Delray Beach from 1922 to 1943. The District's designation and recognition signifies a vital cultural link and provides a continuity and pride of place that are irreplaceable and showcase priceless heritage and natural resources. it is resolved that the Marina Historic District become an Historic District pursuant to Chapter 174 of The City of Delray Beach Code of Ordinances. This Instrument Prepared by and Return to: DEBORAH M. ALTHOUSE ALLIANCE TITLE AGENCY, INC. 98 SOUTHEAST STH AVENUE DELRAY BEACH, FLORIDA 33483 JW12-1916 2.31Pm 96-204:343 ORB 9305 P9 726 Property Appraisers Parcel identification (Folio) Numbers; .111111 oil fife I N 111®11[1 life 12-43-46-16-34000-0380 Can 1851000.00 floc 11295.00 Grantee SS #: 231789700 SPACE ABOVE THIS LINE FOR REOORDINQ DATA THIS WARRANTY DEED, made the 7th day of June, A.D. 1996 by MARCIE J. ROYLE, A SINGLE WOMAN, F/K/A MARCIE J. KOLK herein called the grantor, to CLAUDIA WILLIS ECHOLS whose post office address Is,. 160 MARINE WAY, DELRAY BEACH, FL. 33483, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of Individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in PALM BEACH County, State of Florida, viz: EE EXHIBIT "A" ATTACHED HERETO AND MADE APART HEREOF SUBJECT TO restrictions, reservations, easements and limitations of record, if any, provided that this shall not serve to reimpose same; zoning ordinances, and taxes for the current year and subsequent years. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is/are lawfully seized of said land In fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1995. IN WITNESS WHEREOF, the said grantor has signed and seated these presents the day and year first abov written. Signed, sealed and delivered In the presence of: {! — L.S. Sl atu a MA CIE J. R LE , f/ /a CIE J. KOLK r-a P.O. [30X 126, S N V LEY, €D 53 Printed natur Signatur Printed Signature STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Instrument was acknowledged efore.me thisth day of June, 1996 by MARCIE J. ROYLE*who is/are personally known to me or has produced Na - 0i—I V0-r'S C as identification and did (did not take an oath. *f/k/a MARCIE J. KOLK / SEAL Notary Signature (iY P&O. OFFICIAL NOTARY SEAL 0 l DEBORAH M ALTHOUSE Printed Notary Signature * COMMISSION NUMBERg CC390222 My Commission Expires: V .�� my CONplA asioN EXP. OF Fid SF.P • i logo J. J. GIBSON AND ASSOCIATES, INC. Engineers and Land Surveyors 2650 N.W. 1st. Avenue Boca Raton, Florida 33431 J NS APPROVED AS CORRECTED —PERMIT No. -afar l PL411NRh��"� s ;d f = !' IatdtT vl - �_, 4,6 I QLIL- �J ti -L--' 1� 1'6Ir7i Of l�Jslrr•7y 'ter FALPI RLI LILIr- Y Beginning at a point on the West side of Palm Avenue in Delray, Florida, at a point 313.6 feet South of Atlantic Avenue; thence South along said Paln Avenue a distance of 50.00 feet; thence West at right angles to Palm Avenue, a distance of 100.007 feet; thence North a distance of 50.00 feet; thence East 100.00 feet to the POINT OF BEGINNING, the North and South boundaries of said.tract, being parallel and 50.00 feet distant. Said tract being Lots 38 and 39 on an unrecorded Plat of PALM SQUARE, a subdivision of Blocks 125 and 133, of the TOWN OF DELRAY, formerly Linton. { CERTIFICATE; NOTE. NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYORS SEAS == { THIS IS TO CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED PROPERTY AND HAVE SET MARKERS AS INDICATED ON THE SKETCH AND THAT SAID SURVEY.AND SKETCH ARE ACCURATE AND CORRECT TO THE BEST OF MY KNOWLED &ND BELIEF. Dated l R Land 239 state Of Florae kr, Boca Raton, Florida Dwg. 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I mFl O r LL �J aoe G�z 7 r$ 9z V � �:j Z q-T °"0 0 00 U9 ! w� , tY, Q $ w ]� Ln Z 6 CL R ULU Q❑ g i � aae �V) [K a 1 1 00 -- i w � A rl ! X } Oho : Q=d V z i F4- a rzv.-- ,t Ta(7 _ Z f o tiv� _ Irl C fG z P/4~vrtic 5QJ - PA-Yf � 22 1 �w e 1 i v i p a, I +s �l) Y �i, j it -Ilk keno r)Pr( Z ! -2-o 4 'f -. 4 1.- v I k 4*I k :t 4. a r s., r+i r r _ ry-'-T, P ipf -776 'urs L)C 9) I'. a Wt Al1 CD tj3 Tm&.:�&,L- - ' !1 c,'Z C) `�- SGl-,VkN titer 14�r .i 1 P sQL)dlee- i mm r, V r Ehl Po-5 ,Q 'YUP Vi d eNj - 6 t�c r Katz- 1I PART FIVE: APPLICATION REVIEW For Historic Preservation Planner Use Only. The Historio Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: ( Certifies that the above referenced property qualifies as a historic property consistent with the provisions of s. 196.1997 (11), F.S. ( ) Certifies that the above referenced property does not qualify as a historic property consistent with the-provisions of s. 1-96.'1997 (11), F.S: ( ) Certifies that the above referenced property qualifies for the special exemption provided under s._196.1998, F.S., for properties occupied by non-profit organizations or government agencies and regularly open to the public. ( ) Certifies that the above referenced property does not qualify for the special exemption provkfed under s.196.1998; 5.8. The Historic Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: M( Determines that improvements to the above referenced property are consistent with the S cretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the criteria set forth in Chapter 1A-38, F.A.C. ( ) Determines that improvements to the above referenced property are-not consistent with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and the criteria set forth in Chapter 4A-38, F.A.C. All work not consistent with the referenced Standards, Guidelines and criteria are identified in the Review Comments. Recommendations to assist the applicant in bringing the proposed work into compliance with the referenced Standards, Guidelines and criteria are provided in the Review Comments. T=he Historic Preservation Planner has reviewed the Historic Preservation Property Tax Exemption Application for the subject property and hereby: ( ) Determines that the completed improvements to the property are consistent with the Seretary of the Interior's Standards for rehabilitation and'Guidelines for Rehabilitating_Historic Buildings, and other criteria set forth in Chapter 1A-38, F.A.C., and, therefore, recommends as proval of the requested historic preservatiom tax exemption, ( ) Determines that the completed improvements to the above referenced property are not consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter 1A-38, F.A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review Comments below. Review Comments: � r Signature Typed or printed nameMw .'" Title -V�' ii sirs PART SIX: OWNER ATTESTATION I hereby attest that the information I have provided is, to the best of my knowledge, correct, and that f own the property described above or that I arra legafly the authority in ct�arge�€f the- property. hyproperty. Further, by submission of this Application, I agree to allow access to the property by the Historic Preservation Planner of the City of Delray Beach, Planning and Zoning Department, and- appropriate representatives of the local- government-from- which the exemption is being requested, for the purpose of verification of information provided in this Application. I also understand that, if the requested exemption, is- granted, 1- will be required to enter into a Covenant with the local government granting the exemption in which f must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. [Mame Signator Date. Complete the following if signing for an organization or multiple owners: Title OFfganr zat1 ft narne- I hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work as approved by the Historic Preservation Board. l attest that the information provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and is consistent with the work approved-by the Historic Preservation Board. I also attest that I am the owner of the property described above or, if the property is not awned by ars individual; that 1-am the duly authorized representative of the owner. Further, by submission of this Application, I agree to allow access to the property by Historic Preservation Planner of the City of Delray Beach, Planning and Zoning Department, where such office exists, and- appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in the Application and this Request. 1 understand°teat, if the requested exemption is granted; I will be required to enter into a Covenant with the local government granting the exemption in which 1 must agree to maintain the character of the property and the qualifying improvements for the terra of the exemption. 1 also: understandthat-falsification of factual representations• in this Application or Request is subject to criminal sanctions pursuant to the laws of Florida. s Name Signature Date Complete the following if signing for an organization or multiple owners_ Title. Organization name 618 COUNTY VF PALM 13tACH: NO 1 ICk U1- AU VALUKtIVI 1AAt5 ANU NUN-AU [�VALUKtIVI ASbtSbIYItIY I, e_ y�C _�� y_.f..E 1■�[�n -_, k�y�+w _x -..,- e�l7 ��-1■�5[ -, 1611n - �x nw"�x -7 - ytc,�I�p7p� �Ill'b� 3i"SI'J. 1ii,.1TV� IFl� '�' �rQGisA Q_f/IM : �E Y`it;.i. ra�E's€ryV4�\ x �. , 'f 'i a 4,h6 (�L4i� 'sf�"!f lS PRO�E€,;T 12-43-46-16-34-000-0380 2014 207022769 98 PALM SQUARE UNREC LTS 38& 39 IN OR1293P584 R6-13832 WILLIS 160ANNE M. GANNON 164 MARINA;NEWAY DELRAY BEACH FL 33483-5321 W._._..........._........._......... a==. CONSTITUTIONAL TAX COLLECTOR 11111�a �u ��1111111�1�111"�II'111 ��'�"1"C�Illllu ��1�[I `- Serving Palm Beach County Serving you. www.pbctax.com 2014 JUNE REAL ESTATE INSTALLMENT BILL t ���yyQ�'ICE"'Tf1151N5TALLMEwNTPAItM�N1`Rlk1,N�C1�TR��AIDBYTJi€F31�EQA'fETO��N�NC����1'�2(f�..i��IN�1A�,M�NTR,�i"�MEN��+LAN�E� I` - g s s Y s+ an .. ■..rr.rra x E ,ro wy a IKE R E 1— : RLM 'u �iw I ry § �- 61 ESTIMATED TAXES Based on 2013 Taxes Half of Total County/City $3,231.09 l:IfRREffY ' �1[ la _ Pp I�IQ CE' Amount due includes the lune discount rate. ..,„ Payment mast be received by lune 30,2014. $1,518.61 $1,518.61 DETACH HERE **SEE REVERSE SIDE FOR INSTRUCTIONS AND INFORMATION** DETACH HERE f Photos 42 Palm Square, Delray Beach, Florida 33483 Page 1 East view-pre and post renovation.The East view was only affected by the new roofing material which is metal shingles. Page 2 West view-pre and post renovation.The roof line was extended to accommodate a 5'6" addition across the back of the home.The level of the existing rear roof(a former enclosed porch by previous owner date unknown)was raised to match the existing level of the original house.The openings were relocated in the new wall and replaced with hurricane proof window and door.The new rear wall is cypress siding milled to correspond with the existing. Page 3 North view-pre and post renovation. An existing roof overhang (there was an orchid-lath building attached by prior owner)was removed and the kitchen window was replaced by the size of the original frame as former owner had filled in the frame partially when they installed metal awnings.The new window is metal and hurricane proof and trimmed by the original cypress and shutters to keep the window shutters uniform on the north side.Also the roofline was raised on the west potion to accommodate the raised floor level which can be seen slightly from the north side. Page 4 South view-pre and post renovation.The only change visible for the south side is the 5'6"addition on the very rear of the house.This view is partially obscured by the garage. Page 5 West interior kitchen view- pre and post renovation.The kitchen was totally gutted,the wall separating the kitchen and dining area removed,the ceiling raised,the north window replaced with original size and the floor level raised to match existing house.The metal awning windows in the west exterior wall were replaced with hurricane glass windows and the door was relocated to the south side of the room where the laundry area was also moved. Page 6 !vast interior kitchen view-pre and post renovation.The cypress paneling was saved during the demo and used to make all the trim and molding and false beams in the new addition.The sink was relocated to the north wall which was the original location before prior owner moved it to the interior south wall. i s•. lie s .> J6 III � I l�rP �. - f y r � � �i / *..•fi � - ttF 1 •�1 I,. �F F NEW, �. Y tr+ r Ir F4 Pi' • x R_ w ,.�x _ �,� � � `�Y t _ -- 4 ��, .r ... I r/ .. ,4 F i� 4l'. - � '.'tom `fid\. �i'i'.r�9• _ / d� ��� A � i y- T,- �� .,.f a.. Ih� ���. +! s i. 1 . ,.. �ty� _.. r �� , � l , 1 1 � . 1 � 7r !� "1 .._ •i ',� - � „• -i _��c� ��.. +r .��� �� � ~� � � � f • i (COD doom miss No �4 t r k D v2-- �,C� l` t A f.L 'ash ihf r( 1'Tc 21 V� xez- `- RESOLUTION NO. 33-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO CLAUDIA WILLIS, FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 42 PALM SQUARE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(J); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Historic Property Ad Valorem Tax Exemption Application for review by the Historic Preservation Board on March 28, 2015, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 42 Palm Square, and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 4.5.1(J) and recommended approval to grant an ad valorem City tax exemption to Claudia Willis for the restoration, renovation, and improvement to the property located at 42 Palm Square. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 42 Palm Square, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.5.1(J). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Claudia Willis, for a ten year period, commencing on January 1, 2016, from that portion of ad valorem taxes levied on the increase in assessed value, between January 1, 2016 and December 31, 2025, resulting from the renovation, restoration, and rehabilitation of the property located at 42 Palm Square, which property is legally described as follows and which improvements are described in Historic Preservation Board Certificate of Appropriateness No. 2015-085: Beginning at a point on the west side of Palm Avenue in Delray, Florida, at a point 313.6 feet south of Atlantic Avenus; Thence south along said Palm Avenue, a distance of 50 feet; Thence west at right angles to Palm Avenue, a distance of 100 feet; Thence north a distance of 50 feet; Thence east 100 feet to the point of beginning, the north and south boundaries of said tract being parallel and 50 feet distant. Said tract being Lots 38 and 39 on an unrecorded plat of Palm Square, a Subdivision of Blocks 125 and 133, of the Town of Delray, formerly Linton. Section 3. Prior to the ad valorem tax exemption described herein being effective, Claudia Willis, shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 2015. ATTEST: MAYOR City Clerk 2 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 29, 2015 SUBJECT: AGENDA ITEM 7.B.-REGULAR COMMISSION MEETING OF JUNE 16,2015 SERVICE AUTHORIZATION NO. 12-12/KIMLEY-HORN AND ASSOCIATES,INC./FOUR- WAY STOP SIGN WARRANT STUDIES BACKGROUND Consider approval of Service Authorization (S.A. No. 12-12) with Kimley-Horn and Associates, Inc. (KHA) for the completion of four-way stop sign warrant studies at the intersections of NW 3rd St. and NW 10th Ave, and NW 2nd St. and NW 8th Ave. Total cost of Service Authorization is $7,900.00; City Project # 15-060. To date, the City has spent $83,618.51 to KHA for professional engineering services. The request for a four-way stop sign warrant studies at the above referenced intersections was initiated after discussion with the Police Department regarding their concern with the number and type of crashes at these intersections. Per the Manual on Uniform Traffic Control Devices a multi-way stop condition should be based on an engineering study, known as a warrant study. Kimley-Horn and Associates was retained by the City via RFQ #2012-06 (City Project #12-057). The original agreement with KHA was executed in February 2012. Amendment No. 1 (approved on January 27, 2014) & Amendment No. 2 (approved on January 20, 2015), each extending the contract agreement for one year. Kimley-Horn and Associates is one of the City's retained consulting engineering firms and this request is within their scope of work. Since expenditures with KHA have exceeded the $25,000 threshold, this item is before commission for approval. The recommendation for award is in compliance with Code of Ordinance 36.03(B). Negotiations regarding the number of hours relating to the scope of services were finalized in a Sunshine Meeting on May 7, 2015. Attachments include: 1) Service Authorization 12-12 2) Location Map DISCUSSION Consider approval of Service Authorization #12-12 with Kimley-Horn and Associates, Inc. in the amount of$7,900.00 (City Project # 15-060) for the warrant studies at the intersections located at NWW 3rd St. and N10th Ave, and NW 2nd St. and NW 8th Ave. TIMING OF THE REQUEST The timing of this service authorization is of high importance to potentially prevent future intersection accidents between pedestrians and vehicles. FUNDING SOURCE Funding is available from account# 334-3162-541-31.90. RECOMMENDATION By motion, approve Service Authorization #12-12 with Kimley-Horn and Associates, Inc. in the amount$7,900.00 (City Project# 15-060) for the warrant studies at the intersections located at NW 3rd St. and NW 10th Ave, and NW 2nd St. and NW 8th Ave. CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: Kimley Horn and Associates, Inc. SERVICE AUTHORIZATION NO. 12-12 FOR CONSULTING SERVICES CITY P.O.NO. CITY EXPENSE CODE TITLE: Stop Control Warrant Analyses CITY PROJECT NO. 1 0 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012. I. PROJECT DESCRIPTION Kiraley-Horn and Associates,Inc. ("KHA")is pleased to submit this service authorization request to the City of Delray Beach("Client")for traffic services. Our project understanding, scope of services and fee follow. The City wants to evaluate the existing intersections which are currently controlled by 2-way stop for an all-way stop control. • Intersection 1 --NW 3rd Street&NW 10t"Avenue • Intersection 2—NW 2z,d Street&NW 8h Avenue H. SCOPE OF SERVICES Phase I—Studv and Report Phase 1. Traffic Data Collection In this data collection phase, KHA will collect traffic volumes on all four approaches at each intersection for 8 hours during a typical weekday. In addition to vehicular volumes,pedestrian and bicycle volumes will be collected during the 8-hour timeframe. KHA will also obtain any available crash history from the Palm Beach County Traffic Division at the subject locations. 2. Traffic Analysis KHA will conduct an all-way stop control warrant analysis at each subject intersection in the City of Delray Beach, Florida. The data will then be compared to the all-way stop control warrant criteria reported in the 2049 MUTCD. KHA will prepare a memorandum describing the data collection, analysis, and conclusions. The engineer will conduct up to one field visit per intersection to evaluate existing and sight distance conditions. The scope of services includes up to one meeting per intersection with.the City. Deliverables: One warrant study memorandum per intersection. Phase II—Preliminary Design Phase Preliminary Design Phase Services are not included in this Service Authorization Phase III—Final_Desi"Phase Final Design Phase Services are not included in this Service Authorization Phase IV—Bidding/Negotiatin2 Phase Bidding/Negotiating Phase Services are not included in this Service Authorization Phase V— Construction Administration Construction Administration Services are not included in this Service Authorization ADDITIONAL, SERVICES Upon your authorization, KHA will provide any additional services that may be required beyond those described in the scope of services above. These services may include but are not limited to such items as the following: • Additional traffic data collection and studies • Additional meetings, exhibits, deliverables SCHEDULE KHA will begin work upon receiving authorization from the City in accordance with a mutually agreed upon schedule. M. ]BUDGET Fee and Expenses KHA will perforin the Services in tasks 1 - 2 for the total lump sure fee below. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are informational only. Reimbursable Expenses billed under this contract could include: in-house duplicating, local mileage, facsimiles, postage, express delivery services, large-format color printing, construction drawing printing, specification printing, and other out-of house printing. Optional services will be billed on a lump sum basis after written authorization from City to start those services or a portion thereof. Additional services which may be identified as needed at a later time will be negotiated at that time. Phase I- Intersection I (Task I -2 Lump Sum Fee) $3,850.00 Phase I---Intersection 2(Task 1 -2 Lump Sum Fec) $3,850.00 Reimbursable Expense $200.00 Total Contract $7,900.00 IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH. KLMLEY-HORN AND ASSOCIATES,INC. Date Date By: r�— Terry Stewart, Interim City Manager (Seal) �g4ecseeD�nest era �mb��8aavzeecsr��L���� Witness (Signature) SEA. Witness (Printed) � ® ° ®��;��81dS465i Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, theoregoing instrument thiso day of CJ 2014 , was acknowledged byon behalf of the Corporation and p on executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this �./7 day of Cid 2014 Notary Public State of Florida My Commission Expires: K:�WAB_7P7O�65294\ABK�2�14\691514 D=_kray Stops Combmn d.docz � TAMMY L SC ARLOTT 'mac RAY COMMISSION#EE161709 � EXPIRES January 19,2016 {407}39"153 atdeba �enAe�,ecrn N.W. 3RD TERR. Li w Q Q N z N.W. 3RD ST_ W Q o � Q z F S N.W. 2ND ST. LLi W Q W � Q Cf1Y of DELRAY BEACH NW 3ND ST. AND NW IOTH AVE A LE A 2614 n ENVIRONMENTAL SERVICES DEPARTMENT CONTROL WARRANT ANALYSIS F"�"""'E 434 SOUTH SWNTfON AVEMI�DELRAY BEACH,FLOFDA 33444 OO-OOO i W Q Z Q Z N.W. 2ND T. w 10 Q N.W. IST 0 .o -- 0CITY of DELRAY BEACH NW 2ND ST. AND NW 8TH AVE oA�eae/2e/2oia ENVIRONMENTAL SERVICES DEPARTMENT CONTROL WARRANT ANALYSIS FILENAME 434 SOUTH SVANTM AVE?M DS-RAY BEACH,FLOMA 33444 00-000 Cn . ■1111■■■ ■� - ■■ - ■■ � ■ Wi monsoon■ ■ ■■ ■■ -- I Iloilo -■� ■■ ■■ _ millions ■� �■ iii ■■ I Mm 1111 1111 ■ ■ ■ ■.■ ■ ■ �� IIII ' 111 - . � ■ ' ■ ■ ■ ■ ■ i_ t JI ■ � ■ � ■■ ��� �` ii t i ■ ■ _ Ili ■■ — _�_ ■ : 111 ■_ • Mimi ■. ■ - ����������� 1������� ■�■ 1111 ■11■ 11 ' 11 - ■ ■ - 11 . 11 ■ �,�� ■ WARRANTSTUDY • • - // u • _ • �'E' . OWN • MEMORANDUM r TO: Mayor and City Commissioners FROM: Suzanne Davis,Director,Parks &Recreation THROUGH: Mr. Donald B. Cooper, City Manager DATE: May 21, 2015 SUBJECT: AGENDA ITEM 7.C.-REGULAR COMMISSION MEETING OF JUNE 16,2015 CONTRACT RENEWAL(BID NO.2013-33)/COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA,INC./LANDSCAPE MAINTENANCE AT ATLANTIC AVENUE GATEWAY FEATURE BACKGROUND Staff recommends approval of a one-year renewal with Complete Property Services of South Florida for maintenance of the Atlantic Gateway Feature for$29,180. A contract renewal letter was sent to Complete Property Services of South Florida, Inc. on April 29, 2015 in regards to Bid 2013-33. On May 5, 2015, the vendor agreed to the contract extension at the same price, terms and conditions. This renewal approval is requested in accordance with Code of Ordinance Section 36.07(3). City Commission Approved Contracts,Renewals. This contract was originally awarded to Complete Property Services of South Florida, Inc. on July 8, 2013. This will be the third (final) year renewal and if approved this renewal will expire on July 8, 2016. DISCUSSION Complete Property Services of South Florida, Inc. will maintain Atlantic Avenue Gateway Feature at a total cost of$29,180.00. Complete Property Services of South Florida, Inc. has provided satisfactory work in the previous years of this contract. TIMING OF THE REQUEST This item is time sensitive, as the current contract to this company for this service expires on July 7, 2015. FUNDING SOURCE Funding is available under the approved FY 2015 department operating and capital budgets. Account# 119-4144-572.46-40. Total funding for this 1-year contract renewal is $29,180.00. RECOMMENDATION Staff recommends approval of a one-year renewal (Bid 2013-33) with Complete Property Services of South Florida,Inc. for maintenance of the Atlantic Gateway Feature for$29,180. nF DELRRY BEAN DELRAY BEACH All-AmericaOily April 29,2015 Complete Property Services of South Florida, Inc. ,+fin: Pat Yong,President P0 Box 970076 Coconut Creep, FL.33097 REF: BIC#2013-33 Landscape Maintenance Atlantic Avenue Gateway Feature Annual Contract 2`1-one Year Renewal Dear Mr.Fong, The annual contract for the above referenced Bid expires on July 07,2016. Per page #4, Section 20 "Renewal" of the General Conditions of this bid package, "The City Commission or their designee, i.e. the City Manager may renew the contract, at the same tends, conditions, and prices for two (2) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City" Please advise if this one (1) extension of your contract executed on July 08, 2013 at the same prices, tends and conditions would be acceptable. Please respond by signing below and returning one original copy to my attention, Ja'Anal Dowdel, Purchasing Division, City of Delray Beach, 100 I .W. 1st Avenue; Delray Beach, Florida, 33444 or by email: begg_, 1171 Sin ely U i a'A: al Dowdell, Purc asing Assistant l hereby agree to the one(1)year extension of the subject Bid 1 am unable to provide a one(1)year extension of the subject Bid 5/s X,r Signature Cate Marne (print) cc., Mack Warner,Chief Financial Officer Suzanne Davis, Director of Parks and Recreation Tim Simmons, Parks Superintendent Senovain Stephens, Asssistant.Superintendent CITY OF DELRAY BEACH 100 NW Is'AVENUE,DELRAY BEACH,FL 33444 BID No. 2 013 -3 3 LANDSCAPE MAINTENANCE ATLANTIC AVENUE GATEWAY FEATURE ANNUAL CONTRACT MAYOR -CARY D.GLICKSTEIN VICE MAYOR -ADAM FRANKEL DEPUTY VICE MAYOR -ANGELETA GRAY COMMISSIONER -AL JACQUET COMMISSIONER -SHELLY E.PETRO LIA CITY MANAGER -LOUIE CHAPMAN,JR. Purchasing Division+Finance Department♦(561)243-7161/7163 ♦Fax(561)243.7166 C°3OMPLETE ORIGINAL ?IlkPROPERTY @ERVICES OF SOUTH FLORIDA, INC. LANDSCAPING•LAWN MAINTENANCE•TREE SERVICE•IRRIGATION•LICENSED•INSURED•BONDED .il CITY OF DELRAY BEACH BID No. 2013-33 LANDSCAPE MAINTENANCE ATLANTIC AVENUE GATEWAY FEATURE ANNUAL CONTRACT BID CLOSE DATE: MAY 14", 2013 @10:00 A.M. PURCHASING OFFICE: 100 N.W. IT Avenue. Delray Beach, FL 33444 OfficeNVarehouse: 5455 N.W. 24 Street, Margate, FL 33063 Mailing Address: P.O. Box 970076, Coconut Creek, FL 33097 Office: (954) 974-5151 Fax: (954) 974-5153 www.completepropertygroup.com Email: cps@completepropertygroup.com ADDENDUM NO. 1 BID No. 2013-33 'r LANDSCAPE MAINTENANCE ATLANTIC AVENUE GATEWAY FEATURE ANNUAL CONTRACT April 30, 2013 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. 1. Mowing: Use Reel mowers for Celebration sod Use Rotary mowers for St. Augustine sod NOTE: Bidders must acknowledge Receipt of this Addendum.by: Write the words "Addendum No. V on the exterior of the envelope in which the bids are submitted. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO THE PURCHASING DEPARMENT AT (561) 243-7156 OR EMAIL nadalLWrnydelraybeach.com AS SOON AS POSSIBLE. Complete Property Services of South Florida, Inc. Plan holder PAT YONG l C; PRESIDENT By 5101113 Date L Addendum No. 1 Sid No.2013-33 CITE" OF DELRAY BEACH INVITATION TO BID Bid Na. 2013-33 LANDSCAPE MAINTENANCE - ATLANTIC AVENUE GATEWAY FEATURE ANNUAL CONTRACT Table of Contents Invitation to Bid 1 General Conditions, Instructions and Information 2-6 IndemnitylHold Harmless Agreement 7 Cone Of Silence 8 Insurance Requirements 9 Insurance Form Samples 10 Standard Form of Agreement 11 -1.5 Corporate Acbnowledgment 16 Certificate(if Corporation) 17 Surety Performance and Payment Bond 18-19 Specifications 20-22 Landscape Maintenance and`fash 23-29 I Schedule of Pricing 30-3.5 Drug Free Workplace Certification 36 References 37 List of Vendors Equipment 38 f Bid Signature Form 39 E Chech List 40 Statement of No Bid 41 Attachment A(Project Notes) 42 Attachment 6 (Business'fax Receipt Application) 43 Bid No. 201' LS-Atlantic Ave Gateway Feature 0 I COITT OF DELRAY BEACH INVITATION TO BID i PURCHASING OFFICE 100 N.W. I st AVEN UE DELRAY BEACH, FL 33444 (661) 243-7161 l 7163 Fax (561) 273-7166 BID NO: 2013-33 DATE._April 22, 2013 j TITLE: Landscape Maintenance - Atlantic Avenue Gateway Feature - Annual Contract BIDS MUST BE RECEIVED ON OR BEFORE: 10:00 A.M. on or before Tuesda Ma14 2013 at which time all bids will be publicly opened and read. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE-BID CONFERENCE has been scheduled for Tuesday-April 30 , 2013. at 10:00 A.M. time located at City Hall - 1st Floor Conference Room, 100 N.W. 1st Avenue, Delray Beach. FL 33444. All interested bidders are required to attend and be prepared to ask questions. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will beopened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or deiivered to the City of Delray Beach, Purchasing Office, 100 NW f=irst Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: VENDOR NAME, BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) ORIGINAL AND ONE (1) COPY OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any State or National Bank of Florida or an acceptable surety performance bond in an amount not less than five percent (5%) of the base bid, as guarantee that the BIDDER will not withdraw from the competition after the opening the bids and, if written notice is given of such award, enter into a written Contract with the City of Delray Beach, Florida, in accordance with the written Proposal. Should the successful BIDDER fail to enter into a Contract, the check or surety performance bond shall be forfeited as liquidated damages. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. " The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re-advertise and to award the Contract in its best interest. Bid No.2013-33 LS-Atlantic Ave Gateway Feature 1 GENERAL CONDITIONS, INSTRUCTIONS ANIS INFORMATION r OR BIDDERS 1, SUBMISSION AND RECEIPT OF BIDS, A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Defray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. Bid No.20:3-33 LS_Atlantic Ave Gateway Feature 2 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: ' The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and alt liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with ail provisions of the Florida State Safety Standards and OSHA requirements. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. All debris, limbs and fronds will be picked up the same day of pruning. Failure to pick up debris will result in a $50.00 per clay fault fee, as long as debris remains. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. Bid No. 2013-33 LS-Adautic Ave Gateway Feature 3 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. LIABILITY, INSURANCE, LICENSES, PERMITS, CITY OF DELRAY BUSINESS TAX RECEIPT: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: if you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and{or Bond requirements, please contact the City's Risk Management Office at (564) 243-7150. See pages 9 & 10 for Insurance Requirements. A "sample" certificate has been attached. D. BUSINESS TAX RECEIPT REGISTRATION: A business tax receipt is a tax levied upon all businesses within the municipal boundaries. Payment of the tax receipt does not certify or imply the competence of the licensee. Within Florida, most cities and counties have a business tax receipt. If you engage or manage any business, profession, or perform any business within our City limits, you need to purchase a tax receipt. See "Attachment B" for application. When applying, you will need a copy of your business license from the municipality where your business is Vacated, Registration fee is $11.58. 15. SPECIFICATIONS: A. for purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of-Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and al[ Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. IT TAXES, The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. Bid No.2413-33 LS-Atlantic Ave Gateway-Feature 4 i 19. EXCEPTIONS TO CONDITIONS, I THRU 18 (Boller Mate) Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20� RENEWAL: The City Commission or their designee may renew the contract, at the same terms, conditions, and prices, TWO (2) consecutive term(s) of ONE (1) year(s) subject to vendor acceptance, satisfactory performance and determination that renewal wiil be in the best interest of the City. 21. ANTI-COLLISION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B, No premiums, rebates or gratuities permitted; either with; prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder 'declares and certifies that no officer, employee or person whose salary is payable in whale or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, Handicapped status, disabilities, or national origin, The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance, 24. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Bid No. 20li-33 LS-Atlantic Ave Gateway Feature 5 25. BID PROTEST: The time limit for filing a protest is five (5) calendar des from the date that the bid recommendation is posted and said recommendation becomes public information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, solicitation or award must be filed in writing with the Purchasing Officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 15t Ave Delray Beach, FL 33444 Bid No. 2013-33 LS-Atlantic Ave Gateway Feature 6 ... i W UTYINOU-0 MARP91 LESS ArIKEENENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to ffie fullest extent perrriiied by ;ate, it ie reify and told harmless the Cit}' of Delray Keach, its officials, and er�pioyees, from and against all claims, actions; liabilities, iosses (including econornec losses), and casts arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tanglble prope€iy including the loss of use resulting thea-from, or any other damage or i<oss caused by any negligent act, error or omission, rec*k essness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of there. The indernnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under workers compensation acts.; disability benefit acts, of'ler employee benefit acts or any statutory bar. Any cost of expenses, including attorneys fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contracto,. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, TaFMi nation, expl;-atiOn, lapse or suspension of this agreement. Contractor's Name COMPLETE PROPERTY SERVICES Signature OF SOUTH FLORIDA, INC. Fid.No. LS-Atlantic Ave CTateway Feature 7 COME OF SILENCE Bidders are advised that a bidder or anyone representing.the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a"Cone of Silence". The "Cone of Silence" is in effect from the date/time that the bid is placed on "DemandstaC by the City. The "Cone of Silence" will terminate upon the posting of the "RECOMMENDATION" of award. However, bide rs xray commtanicate tnrit City cmplo�ees vha are present at the rnandatar pre-bid meeting durino the actual pre-bid meeting. 4nce the re-bid rr�eetin is over, bidders rrta on] cc�rtimsanieate with emolovees of.the Purchasing Division. Contractor's game COMPLETE PROPERTY SERVICES Signature OF SOUTH FLORIDA, INC. Bid No, 2013-33 LS-AttaWic Ave Gateway Feature 8 INSURANCE REQUIRENEUTSI A. GENERAL During the terns of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. in addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy-Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of_policies provided, but shall also refer specifically to this bid and section and the above Pa7pqLaphs. in accordance with which such insurance is being furnished, and shall state that such insurance is required b such paragraphs of this contract. The successful bidder will include the Ci y of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No.2013-33 LS-Atlantic Ave Gateway Feature 9 Attactzment I, 1 of 3 AQ-QRQ- CERTIFICATE OF LIABILITY INSURANGE rRooucFa THZ CERTIFICATE IS ISSUED A$A MATT-E,OF IRFORMNi RX4 014LY AINa CONFERS NO RIGHTS UPON VSE CEIZ'13FICATE Good Insurances STC. H£1L€jEFL THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOPRE D V-Y TWE POLICIES BELOW. 11'0, Box A-1 ._ Best City, USA 00000 lKsuRERSAFFORDING CMEPAGE NAIC9 ��p {rISIFRER/s . Willin Workers Assoc. a�sur�a. ADC Dzit e aisu i�xc: Ai?ytown, USA DOM i COVERAGES THE Fuja"�aF ltlSiJR.4Nc.✓„tiSEcD$ CYW HAYS 3E 7 fS5l3EDTO Trig€xSL1RED nt ID n6Ovc ?'t-FS F OLiCY PE.R100 INDICATED-NDTNii7ht5TAhr7�+G - At tY RERUIREME KT.rERM OR CIXiDMOK-OF ANY CONTRACT OR OTHER DOCUMENT WY 4 RESPECT TO WHY:X TOZ C9CIi EF3CA I E MAY BE t=ED OR MAY PEATAIN,THE INSLPARCEAFFORDE aY THE POISCIES DESCR]BE0 HERSN IS SLIB.tEGT TO ALL T#E TaRJi5,�=UJMCINS AND COS' C NS DF SUCH POUCIES..AaGRE-F,-hTEL"TS SHC3lNi'1 WAYKAVE SEFEN RELI'LIC TcU BY PAIL)CLAIMS. Mm sNsz � F`C7L1CY iit1$FLESt Po/"7.-'Y EFFECI7YE �A.ELY��fR4Y1Rlf rya(-. sllERAL l3k8iLirY PI.G:I'3C^AA3RENCE S 50D,000 A cr+ria uLreNEiiAt cwsturr GLP077604 01/01/10 01/01/11 PFL�Ii SES s C:.ttn6ur PE DOC:C4� 3�iEC£tn fA"Yvr«r n S ' pECE.atLel.a A.7'FIPf.AYeiY S GOO AGC-gEGA ERPMV-'PER: PRMU=-0011 M-AGG It POOVr A A AM s�cELnur ALP07i606 01/0x./10 01/01/11 $ 30()"Doo A1DwK45ASTO5 HCS@Y EN.FJRY S (a�mr�q SCF®uLf=o.�Ff'FC5 YMRMAUTM sOCILY INF.7AY 5 r1JNmvAfE_txl.L1TO5 F'iiOPEFiT1'CAMAGE S i {Per��Ly dXWAtl£WBR.>•-TY - Ju1IO DMLY-2L AL�iE)� $. "a AUTO "PTHER-*" EARCC S AUTCONLY A= F C�s}r}NdgEWLSA9YSR' .. . FACiibCUURE�gCE 5 OGLER ❑CSAWEALAOEAGGREGATE 5 S C>c�C�TEdL s SiE'.7ExnOf'1 S t W:.STATtJ- 0375• WDPKE[LG G E7M?PM4raR AH[l EuFwv2wuASIL r WEP0/7606 03/01/10 03/01/11 7-�-"rAmA=Dmint 100,000 ""r�zM "unEv� e.LMSEASc-FAFMPserO s 100,000 ifre�: E.L.=aAaE-PoLtxurarr s 500 ODD set=ecairctt��n.,inacs�atov _ mine nsSCRK7rON Oz4?ErihTinwstFacw•cror�tvEtittxEstEE�Lusoks Aaocs 3rENnnrreErFEHr18rEC7Al"Faenrtstnh's TL18 INSURANCE APPLICABLE TO (state project) *CITY OF DELRAY REACH IS ADDITIONAL INSURED see attached endorse-me-at. � OE;MF"ICATE HOLDER CANCELLATION sriCxFLE ANrar'7HEhe:YN'6E=t mpat.L lmps "CAKCSLJF.ErE»oft�i�ie Rirr�H C 1 T Y OF DELR iY $EACH.; acTE t=+rF=C ss M se,W MSURFR WILL MDEAVM Ta VML 3Q r-hYs.wwrrmt 1DO .NW 1st A-VENUE KCFM: MTUECZff" JCMBCLU tMa WTOTIWxEr,RUT-FA"RETaoa�s�+ArJ DELRAY SEACE, FL 33444 vm-UM No 0BLr-MK art c:ABE-M OF ARY"KED UPON WE M=PkEk,ITS ACErns aR gmummmm AUrH 0F=R0AE 9ZSVKTA'rM i AO:DRD25tMIMS) 0ACORD=Rr-0P.A-naNassn ) Bid No. 2013-33 LS-Atlantic Ave Gateway Feature 10 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20 , by and between the CITY OF OELRAY BEACH (hereinafter called CITY) and Comptr`. ri F _Scj,�T� f,Ct A,iDO ,10 (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS MAGE NUMBERS Invitation to Bid I General Conditions, instructions and Information 2-6 Indemnity/Hold Harmless Agreement 7 Cone of Silence 8 Insurance Requirements 9 Sample Insurance Form 10 Standard Form of Agreement 11 - 15 Corporate Acknowledgment 16 Certificate (if Corporation) 17 Surety Performance and Payment Bond is- 19 Specifications 20-22 Landscape Maintenance Functions and Tasks 23- 29 Proposal (Schedule of Pricing) 30-35 Drug Free Workplace Certification 36 References 37 List of Vendors Equipment 38 Bid Signature Page 39 Check List 40 Statement of No Bid 41 Attachment A (Project Notes) 42 Attachment B (Business Tax Application) 43 Bid No. 20 13-3 3 LS-Atlantic Ave Gateway Feature 11 Addenda numbers to inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed_ 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As jo City: City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9, in consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or Bid No.20D-33 LS-Atlantic Ave Gateway Feature 12 sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any f=ederal, State; County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys' fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification Bid No.2013-33 LS-Atlantic Ave Gateway Feature 13 provided herein. Furthermore, the CONTRACTOR ac-Uowledges that the bid price includes said consideration for the indemnificatlOn provision. 10. This Agreement shall be considered null and void uniess signed by both the CONTRACTOR and the CIT' . 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No. 2013-33 LS-Atlantic Ave Gateway Feature 14 IN WITNESS `,`HEREOF, the parties hereto have executed this Agreement, the day and year first above written. i ATTEST: CITY OF DELRAJ BEACH, FLORIDA B y City C 5rk ary . Glickstei'n, Mayor Approved as to form: City Attorney WITNESS: , CONTRACTOR: BY: ` (Print or type name Ld title) (Print or type name and title) (SEAT_) Bid No. 2013-33 LS-Atlantic Ave Gateway Feature 15 CORPORATE A9KNOWLEDGMENT STATE OF — �'f�IPS COUNTY of �9"Z/r7a �7J The foregoing instrument was acknowledged before me this 1;7 day of J"i' ' 20 i 3 by ��' � (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used histher (tYP d f identification) as identification. a. i' Signature of Pspn Taking Acknowledgmer$ Name of Acknowledger Typed, Printed or Stamped WILLIE CHIN NOTARY PUBLIC STATE OF FLORIDA C4nM1#EE218250 Expires 7122/2018 Bid No.2013-33 LS-Atlantic Ave Gateway Feature 16 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors ofL°''� � '' '� �' '` F �c ygg! a corporation under the laws of the State of heid on 1��' i , 200, the following resolution was duly passed and adopted: "RESOLVED", that /--W7 as President of the corporation, helshe is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set ray hand and affixed the official seal of the corporation this ® day of .fi,t,iL4 , 20 a . (Secretary) (Seal) Bid No.2013-33 LS-Atlantic Ave Gateway Feature 17 AIA Document A310 - 2010 Bid Bond CONTRACTOR: SURETY: Complete Property Services of South Florida, Inc. American Southern Insurance Company 5455 NW 24 Street 1309 Hightower TrI#210,Atlanta GA 30350 Margate,FL 33063 (800)424-0132 (954)974-5151 OWNER: City of Delray Beach 100 NW 15`Ave Delray Beach, FL 33444 BOND AMOUNT: Five percent of the total amount bid,penal sum not to exceed One Thousand Seven Hundred Fifty&00/100 Dollars (5%amt bid NTE$1,750.00), PROJECT: Landscape Maintenance Atlantic Avenue Gateway Feature--Bid No. 2013-33—ITB-33-0-2013-PJN The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specificed in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or (2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specifified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requreiment shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Any payment and performance bonds issued on this contract will be limited to an annual term from the initial date of the contract, regardless of the terms of the contract. Refusal of surety to provide payment and performance bonds due to unacceptable contract period covered under the payment and performance bonds will not constitute a claim under this bid bond. Signed and sealed this 94th day of May, 2013. Witness/Attest: '> � Complete Property Se f South Florida,Inc. (Principal) 7 By: � � By: American South#m Insurance Company (Soiety) By: IAA924 Jason S Cent Ila,Attomey in Fact&FL Licensed Agent" 11481 Old St A ustine Rd#104,Jacksonville FL 32258`09 1324 This document conforms to AIA Document A310 - 2010 BID BOND. THE .AMERICAN ZNSTTTTr.TE OF ARCHITECTS, 1735 NY AVE NW, WASHINGTON, DC 20006. Jason S. Centrell a Florida Res.Agent #A300489 P.O. Box 600962 Jacksonvi]_le,FL,32260 904-230-1324 i AMERICAN SOUTHERN INSURANCE COMPANY Home Office: 3715 Northside Parkway, NW Mailing Address: P. O. Box 723030 Bldg. 400, Suite 800 Atlanta, GA 31139-0030 Atlanta, Georgia 30327 GENERAL POWER OF ATTORNEY Know all men by these Presents, that the American Southern Insurance Company had made, constituted and appointed, and by these presents does make, constitute and appoint Stefan E. Tauger of Parker, Colorado; Brian A. O'Neal of Parker, Colorado; Scott E. Stoltzner of Hoover, Alabama; Arthur S. Johnson of Atlanta, Georgia; Andrew C. Heaner of Atlanta, Georgia; Richard L. Shanahan of Atlanta, Georgia; Jeffery L. Booth of Parma, Ohio; James E. Feldner of West Lake, Ohio; Cheryl L. Torrao of Lutz, Florida; Garry W. Black of Murfreesboro, Tennessee; Martha G. Ross of Charlotte, North Carolina; David R. Brett of Columbia, South Carolina; Melanie J. Stokes of Atlanta, Georgia; Jason S. Centrella of Jacksonville, Florida; Brian Clark of Matthews, North Carolina; Michael K. Thompson of Atlanta, Georgia; Julie Klinner of Birmingham, Alabama; Kelley E.M. Nys of Decatur, Georgia; or Diane L. McLain of Fitchburg, Wisconsin, EACH as its true . and lawful attorney for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount of the sum of$1,00.0,000 (one million dollars), including but not limited to consents of surety for the release of retained percentages and/or final estimates on construction contracts or similar authority requested by the Department of Transportation, State of Florida; and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of the presents, shall be as binding upon the Company as if they had been duly signed by the President and attested by the Secretary of the Company in their own proper persons. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the American . Southern Insurance Company on the 26th day of May, 199$: RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the American Southern Insurance Company bonds, undertakings and all contracts of suretyship; and that any retary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any . such Power of Attorney, and to attach thereto the seal of the Company.. FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon.the Company when so affixed and in the future, with respect to any bond undertaking or contract of suretyship to which it is attached. In Witness Whereof,. the American Southern Insurance Company has caused its official seal to ber � fed�,and these presents to be signed by its President and attested by its Secretary this 4th day of Februar 2011 Attest: ;) J J� 3 /f1�/ American Southern Insurance Comm= otARyA�m Gail A. Lee, Secret ry �'` UBI-N a U vz Scott G. Tho pson, President `�®. •p.°0��® STATE OF GEORGIA n�� °°• ,� G®�e COUNTY OF FULTON SS: B�� �611N +`��� On this 4th day of February, 2011, before me personally came Scott G.Thompson to me known;who being by me duly sworn, did depose and say that he resides in Atlanta, in the County of Fulton, State of Georgia, at 421 Hollydale Court; that he is the President of American Southern Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that t seal afri ed to the said instrument is such corporate seal;that it was so affixed and that he signed his name thereto pursuant due au orizati n. Candace T.Cheatham STATE OF GEORGIA Notary Public,State of Georgia SS: Qualified in DeKalb County COUNTY OF FULTON Commission Expires December 7,2013 t g€i 1, the undersigned, a Vice President of American Southern Insurance Company, a Kansas Corporation, DO HEREBY,CERTIt? ,tf 4 the foregoing and attached Power of Attorney remains in full force and has not been revoked; and, furthermore, that the Resolution of the Exepurive Gorriiru$tee.o€.the rd of Directors set forth in the Power of Attorney is now in force. a o e : Signed and sealed at the City of Atlanta, Dated the day of �, 4-4o hn . Huot Power 27064 Vice President i CITY F DELRAY BEACH SPECIFICATIONS I-an fseafpe Maintenance # Atlantic Avenue Gateway feature 4 Annual Contract Bid No. 2013-33 1. PURPOSE: The purpose of this Bid is to establish an open-end Contract to provide the best quality landscape maintenance service available at the most economical price. Service and good workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids nor-responsive, No bid wifl be accepted if it offers lower standards of material and/or workmanship than is described therein. (Note Paragraph 14) 2, NOTICE OF AWARD: it is and shall be understood and agreed that Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shalt be issued to the Bidder covering same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of flnanc-.4 stability, and personal interview will be considered together with price in the contract award. 3. CONTRACT AREA(S) AND LOCATION: ATLANTIC AVENUE GATEWAY FEATURE (Atlantic Ave - between N.W. 12th Avenge & S.W. 12th Avenue West to 1-95 Inter-change) 4. FIRM PRICE: The City requires a firm price for the Contract period. 5. CONTRACT TERM: Term of contract shall be one (1) year from award of contract, on or about spring 2[113 and expiring one year later. The City Manager may renew the contract, at the same terms, conditions, and prices) for two (2) consecutive terms of one (1) year per paragraph #20 of General Conditions of this bid. 6. MARKET CONDITIONS: The City reserves the right to purchase on the open market should lower market prices prevail; at which time the seller shall have the option of meeting the lower price or relieve the City of any obligation previously understood. 7. ORDER PLACEMENT: After the award of contract to the successful bidder, the City reserves the right to utilize either of the following order placement methods: (a) Purchase order will be issued to the successful bidder throughout the contract period on an as- needed, when-needed, where-needed basis. Vendor must note the name of person placing order on delivery ticket. Or (b) A blanket (open) purchase order will be issued to successful bidder for the City's anticipated annual dollar volume. Releases for partial delivery of services will be made against said blanket order. Vendor must note name of person placing order on delivery ticket. 8, PERFORMANCE: It is the intention of the City of Delray Beach to purchase landscape maintenance services as specified herein from a source of supply that will give prompt and convenient service. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting Contract immediately upon notice by the City. All laborers must wear orange safety vests and all vehicles parked along the right-of-way must be marked with traffic cones, and "Men Working" signs to be posted when performing any work on medians. All landscape maintenance shall be in full compliance with the State of Florida "Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways". Bid No.20 13-33 LS-Atlantic Ave Gateway Featare 20 9. PERFORMANCE ANCE PROBATION PERIOD: The successful awardee will immediately enter into a three- month probationary period upon contract award. During this time the awardee`s performance will be closely scrutinized by City staff. If the awardee's performance fails to consistently meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contract will extend through the expiration date given in this bid. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. 10. ALTERNATES: For purpose of Bid evaluation, Bidder(s) must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the Bid fully complies with the specifications, terms and conditions as stated. 11. BACKGROUND INFORMATION: The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. NOTE.- For this bid vendor must attach to his bid an accurate, up-to-date listing of his current maintenance equipment, including brands and model numbers. The City also requires a listing of commercial as well as residential accounts, including main contact person and phone number. This information will be considered in the contract award review. FAILURE TO INCLUDE ALL DATA NOTED ABOVE WITH THE BID MAY ELIWNATE YOUR COMPANY FROM THE BIDDING PROCESS; PRIOR SUBMITTALS WILL NOT BE ACCEPTED. (Note Paragraph 14). City reserves the right to inspect all maintenance equipment prior to contract award and to request your most recent corporate financial statement for review. 12. COMPETENCY OF BIDDERS: Pre-award inspection of the Bidder's facility and/or a personal interview of up to three finalists may be made by designated City personnel prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid Invitation and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time, have sufficient financial support, and equipment and organization, to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. The term "equipment and-organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 13. DEFAULT OF CONTRACT: The City may, by written notice to the successful bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. City shall be sole judge of non-performance. 14. REJECTION OF IRREGULAR PROPOSALS., Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the City as non- responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informaiities in any bid and to reject any or all bids. 15. TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its Power to execute such Contract to any person, company or corporation, without prior written consent of the City. In the event that the successful Bidder does not hold a commercial pesticide applicators license, the successful bidder may contract with a qualified firm to perform the chemical applications. In this event, the successful Bidder shall notify the City of this intent and PRICES FOR THE WORK MUST BE LISTED IN THE BID. The bidder must extend those services for the duration of the contract for the prices quoted. NOTE: THIS PROHIBITION APPLIES SPECIFICALLY TO MOWING OR EDGING SERVICES. Bid No. 2013-33 LS-Atlantic Ave Gateway Feature 21 i 16. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor will any Contract be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a defaulter as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City. 17, CAPACITY: Vendors must have the capability to perform contracted maintenance on a timely basis and with proper equipment and supervision. Vendor must adhere to maintenance procedures and schedules as set forth in the conditions and specifications. Failure to do so shall result in Contract canceilafion. 18. BID QUOTATION SUBMITTALS: All Bids must be submitted on the attached "Bid Form". VENDORS MUST B0 ON ALL AREAS WITHIN AN AREA. 1°. INFORMATION: For information regarding the submission of this lnvitatlon to Bid, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach, at (561) 243.7161. Any technical questions regarding maintenance areas and service listed relative to this bid should be submitted in writing via email nadai(a_mydelraybeach.com or fax(561) 243-7166 and wiil be answer/addressed via addendum, 20. VENDOR SERVICE REPRESENTATIVE: The Bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance service. A contact for both regular work-hours and after-hours, weekends and holidays must be identified. This will become a part of the bid proposal and shall be understood and agreed. 21. BILLING, SCHEDULING AND REPORTS: Vendor shall submit a monthly invoice the first of each month, itemizing all maintenance items performed the previous month. A schedule of al€ maintenance items to be performed the following month shall be submitted with the invoice noting dates, times and locations of operations. The Delray Beach Warks and Maintenance Department must be notified prior to any change in scheduling within five (5)working days to allow City staff to inspect sites for scheduled maintenance. Written reports must be turned in to the Parks Maintenance department after each mowing operation on a checklist to be provided to the awarded vendor by the City. The vendor's Federal identification Number must be noted on the Bid in order for payment to be processed by City. 22. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor iist following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 23. HURRICANEITROPICAL: Hurricane 1 Tropical Response should be priced as extra work. If the City designates its own debris site, contractor shall be allowed to dump at this site and deemed an approved contractor with the City of Delray Beach. Contractor should contact Tim Simmons, Parks Maintenance Superintendent, seventy two (72) hours after Hurricane / Tropical storm has passed for certifications of Trucks, 24. A MANDATORY PRE-BID MEETING: A mandatory pre-bid meeting is scheduled for Tuesday, April 30, 2013 at 10:00 A.M. in the First Floor Conference room, City Hall, 100 N.W. 1't Avenue, Delray Beach, FL 33444. All interested bidders are required to attend this meeting and be prepared to ask questions. 25. WORK PERFORMED: Al[ work performed steal[ be during the hours of 8:00 A.M. to 5:00 P.M., Monday thru Friday. Bid No,2013-33 LS-Atlantic Ave Gateway Feature 22 Bid No. 2013-3% LANDSCAPE MAIMTERADICE FUNCTIONS AND VASK 1.0 CHEMICAL EDGING: "Landscape Maintenance Weed Control" i Chemical application may be used to kill weeds in and around areas such as, areas adjacent to buildings, fence lines, trees, sprinkler heads, and cement medians (concrete divider isles). Prior to application of chemicals, for this purpose, all areas shall be trimmed, Chemicals shall be applied in a manner to limit drift. Contractor is responsible for replacement of all damaged plants at his cast. If not complete within one week of notification, City may replace and deduct cost from month payment application. 2,0 WEER CONTROL: Contractor responsible for keeping all areas weed-free at all times. a. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbed; tree ring and paver biock areas during the contract period. Entire are under contract shall remain weed-free at all times using manual or chemical methods. b. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has translocated to the roots if they are large enough to be a visual eyesore. C. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas OF other hard surfaces. d. Contractor may use contact herbicides for spot killing of weeds. e. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle. Note: Manuel or chemical application to control weeds or replace sod. 2.1 FERTILIZING ! PEST CONTROL SCHEDULE: January 4th week 31-5.8 w 1 minors 24-5-11 FE } MN April 3rd week Spray Applications of Pre-M March 4th-week Aerification (Plugs must be dragged) Ar)ril 1 St week 15-5-15 April 2Rd week Spray applications of MSMA & Basa rami April 3`d week Spray applications of MSMA I Pesticide as needed Spray applications of MSMA April 4t'week Plus must be dragged and removed May 1"week 24-5-11 FE & MN June 3rd week Aerification (Plugs must-be dragged) I July 2nd week 15-3-151 Chlorpyrifos Aerificabon (Plugs must be dragged) September 1ST week SpTay SprayApphoat6n of Pre-M September 2nd week 24-5-11 FE & MN November 4'h week 24-5-11 FE & MN December j 3`�week Aerification (Plugs must be dragged) Note: insect control to be done on an as needed basis. If, in the opinion of the Parks and Recreation Department, there is damage to turf by insects or pests, Contractor must replace the sod. Bid No.2015-33 LS-Atlantic Ave Gateway Feature 23 2.2 VINE CONTROL: Trees, palms and other plant material shall be kept free of vine growth at all times. These areas are to be inspected and addressed with each mowing. a. Light poles, power poles, signs and other such fixtures shall be kept free of vine growth at all times. These areas are to be inspected and addressed with each mowing. b, Chemical applications may be used to kill vines in and around all trees, palms, other plants, light poles, power poles, signs and other fixtures. Chemicals shall be applied in such a way as to limit drift. Contractor is responsible for replacement of all damaged "non-target" plant material within one week of City notification. 3.0 PRUNING: General Pruning Operations: a. Each tree and shrub shalt be pruned, in accordance with ANSI A300 Pruning and ANSI Z133.1- 2000 guidelines, to preserve the natural character of the plant in the manner fitting its use in the landscape design, b. Pruning cuts shall be accomplished leaving no stub cuts, flush cuts, rips and tears, or straight cuts. Cuts shall be made back to a node or point of origin. All plant material removed during the pruning operation shall be cut off cleanly.' c. All dead, dying, broken, and or diseased plant material shall be removed as needed, by thinning out and shortening branches. Branches that protrude over walkways grow through fences and obscure roadway visibility shall be removed as needed, as well as all root suckers and water sprouts. d. Do not treat cut surfaces with commercial tree paint. e. Site distance must be maintained at all times. Any plant material that obscures roadway visibility must be pruned within 24 hrs. of notification at no additional cost. f. All walks, pavements and roadways shall be swept or blown clean upon completion of the work. Under no circumstances is debris to go into roadways or walkways. g. Tree and Palm pruning shall only be performed by an I.S.A. Certified Arborist, 4.0 TREE MAINTENANCE: a. Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged, dead, crossing branches, obstruction or aesthetics is needed. Trees must be trimmed to provide clearance of no less than ten (10) feet at all times. b. Fiowering trees are to be pruned only after their bloom cycles are complete. 5.0 PALM MAINTENANCE: a. Remove and dispose of off-site all inflorescences, and dead or damaged fronds; invading vines and weeds in boots or on trunk shall also be removed. Frond boots are to be removed consistent with previous pruning cuts to ensure uniformity in appearance. Unless specifically authorized by the Horticulturist/ Arborist or Contract Maintenance Supervisor, removals shall not exceed 9:00 a.m. to 3:00 p.m. This is to be performed for all palms throughout the contract area. Timing for inflorescence removal will vary by species; some will require year-round removals, others will be seasonal. Service wil€ be billed monthly for inflorescence removal as needed. SPECIAL NOTE: All debris, limbs and fronds will be picked up the same day of pruning. Failure to pick up debris will result in a$50.00 per day fault fee, as long as debris remains. Note: ALL pruning to be performer[ by International Society of Arboriculture Certifier[ Arborist ONLY. Bid No. 2013-33 LS-Atlantic Ave Gateway Feature 24 I 5.1 PRUNING TOOLS AND EQUIPMENT a. All tools, equipment and labor are to be furnished by the contractor. b. All tools are to be clean, sharp and in good repair. Extra tools are to be on hand to supplement tools that become dull, break or may transmit disease. Tools that cut, rip or tear plant material will not be allowed. c. Toois are to be appropriate to the pruning activity. Tools shall include but not be limited to hand pruners, loppers, handsaws, power hedge shears and pole pruners. d. Contractor to carry a disinfectant agent to disinfect tools so as not to infect healthy species with pathogens transmitted by infected toots. Tools are to be cleaned after pruning each individual tree or palm. e. Tools and Equipment are subject to inspection prior to and during a pruning activity. The City reserves the right to stop any activity that jeopardizes the health of the designated plant material. 6.0 LITTER AND DEBRIS CONTROL: a. Litter removal shall apply to ALL areas such as, but not limited to, turf areas, plant beds, hardscape maintenance areas, paver blocks and dyed/decorative concrete walks. Litter removal is required five (5) days a week Monday thru Friday. Litter and debris control is to be completed prior to eleven o'clock (11:00 am) as a maintenance function and before each mowing. b. Litter and debris shall be completely removed off site from all contract areas as a regular requirement of debris control on a daily basis and disposed of in accordance with City ordinances. Litter and debris may not be stored on site. Litter to be removed includes but is not limited to paper, glass, trash, undesirable material, dead animals, cigarette butts, dead vegetation or debris (unauthorized paper signs), etc. deposited or blown onto the sites. Palm fronds, tree limbs and leaves shall also be removed. Litter removal from turf areas and plant beds and designated R.O.W. areas shall be complete prior to each mowing operation in the same day, and shall be done five (5) days a week, Monday thru Friday. Clean-up must be completed BEFORE 11:00 A.M. Litter to be removed inciudes paper, glass, trash, undesirable materials or debris (unauthorized paper signs), deposited or blown onto the sites. Palm fronds and tree limbs will also be removed each mowing operation. Litter is to be removed entirely from the sites and disposed of in accordance with City Ordinances. Nate: Failure to pick up will result in a $50.00 a day fault flee, as long as debris remains. This will be determined by City Designee. 7.0 IRRIGATION: a. Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any Meads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his cost. All systems shall be inspected weekly by City personnel. Cost of replacement will be charged to maintenance contractor and performed by the City irrigation maintenance crews. Bid No. 2013-33 LS-Atlantic Ave Gateway Feature 25 8.0 CHEMICAL PEST CONTROL: a. Shrub, Tree, Groundcover Insect Control small be for specific insects identified as problematic . and treated as needed upon City authorization. Some specific insects to be controlled are aphids, scale and grasshoppers. b. Disease Control in turf, and shrub areas will be by identffication and diagnosis and application of appropriate fungicide or bactericide as needed upon authorization of the City. C. Shade Trees Fertilization: trees are contained within shrub beds that will receive fertilizer along with shrubs. Other shall be fertilized in March and September with an 8-10-10 or 8-2-12, d. Palm Tree Fertilization: Palms shall be fertilized in March with 13-3-13 palm fertilizer, in June, and October with a complete 12-2-14 palm fertilizer containing microelements at a rate of one (1) pound of fertilizer per inch of trunk diameter. An application in August at the rate of 1-5 pounds per palm, dependent on the truck diameter, generally '/z pounds per inch of trunk diameter. Application of MG and MN sulfate in August. e. Shrub and Groundcover Fertilization shall be fertilized in April and September with 8-8-8 with microelements at the rate of% pound of fertilizer per 100 sq. ft. of shrub area. 9.0 GENERAL USE OF CHEMICALS: Special Note a. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators' license. Application shall be in strict accordance with all governing regulations. b. A listing of .proposed chemicals to include commercial name, application rates and type of usage shall be submitted to the Project Manager for approval at the beginning of the Contract. All proposed chemicals shall be approved by Florida Department of Agriculture. No work shall begin until written approval of use is obtained from the Parks and Recreation Director. C. Chemicals shall only be applied by or under the supervision of those persons possessing a valid Florida Certified Pesticide Applicators' license. Applications shall be in strict accordance with all governing regulations. d. Records must bekept and retained as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chemical formulations, applicator's names and weather conditions. A copy shall be given to the City each billing. e. Chemicals shall be applied when air currents are skill and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the project. f. Any soil, sod or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsible contractor. 10.D MULCH Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds three (3) times a year in April, August and December. A granular pre-emergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. NO CYPRESS MULCH 11.0 REPLACEMENTS City shall replace any landscape, irrigation, or structures damaged by maintenance operations or due to neglect to perform these specifications and charge cost to maintenance contractor. (Contractor will be notified prior to replacement of repair by City designee.) Bid Ne. 20113-33 LS-Atlantic Ave Gateway Feature 26 12.0 DAMAGES Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits ieft from tree removal shall be filled with good sail and sod to match existing grade. (Contractor mrtst contact City designee within 24 hours of such repairs). 13.0 REPORTS The Contractor shall provide a checklist filled out and returned to the Parks and Recreation Department after each maintenance operation. All maintenance operations and the date they were performed shall be noted, and any reports of damages shall be described, No payments will be made unless all reports are provided. 14.0 GENERAL_. Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m,, Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from City employees should be returned within four(4) business hours. Contractor shall provide a working fax number during business hours. Based on the aforementioned, bidder must submit with his/her bid proposal the name, address, fax number, office phone number, cellular number(s) of all persons to be contacted for coordination of service. No maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the Parks and Recreation Department Director. Work shall be performed between the hours of 8;00 a.m. and 4:030 p.m. Failure to respond to requests by City within 24 Hours due to inadequate maintenance procedures, litter, limbs and other debris not removed will result in $50.00 a day deduction from the following payment application. Special attention will be given to specified areas prior to national holidays & special events to ensure that the City is at its best during these times. Contractor will check area two days prior to holiday and Special Events and verify that maintenance has been properly performed. 15.0 ADDITIONAL WORK: a. Sod Replacement: Contractor,will supply sod replacement to the City on an "as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per man. c. Fertiiizinq: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per man required. C. Additional Pest Control Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. e. Fire Ant Control? Will be done on an as needed basis with the use of Amdro or other insecticide labeled for fire and control. }# SPECIAL NOTE: These prices will not be added in the contract bid but used on an "as needed" basis. City designee references the City Horticulturist or the Parks and Recreation Director. The Horticulturist is referenced in above text for all maintenance requirements or estabiishment of standards. Bid No.2013-3� LS-Afiautic Ave Gateway Feature 27 i FERTILIZER AND INSECTICIDE SCHEDULE Shade//Accent Trees - Fertilize twice a year with LESCO 14-14-14 with micronutrients, or approved equal. Baugainvil}ea/Shrubs- Fertilize three times a year, €n March, .duly, and October with I_ESCO 10-10-10 with micronutrients, or approved equal. SCLIEDULE # 1 MEDIAN FERTILIZERMERRICIDE/ 'ESTICIDE APPLICATION SCHEDULE FOR ST. AUGUSTINE SOD AREAS Lesco Products or e ual* Tan Feb Mar Aril lvlav June July Aug Set Oct Nov Dec TO'T'AL i 24-5-I1 Turf Fertilizer X 1 { 22-5-7 plus Atrazine X X 2 � I 32-5-7 plus.741/e DUTsban E € X X 2 Dursban 2321/o X X 2 'approved equivalent Bid No. 2013-33 LS-Atlantic Ave Gateway Feature 28 i SCHEDULE #2 FERTILIZER APPLICATION SCHEDULE FOR SHADE TREES, PALM TREES AND SHRUBS Jan Feb Mar Aril Ma June July Aug Set OcY Nov Dec TOTAL Shade Tree Fertilization 8-10-10 wlminors X X 2 Palm Tree Fertilization LESCO 13-3-13 with x 1 1.5%-2%minor elements Palm Tree Fertilization 12-2-14 x x 2 Shrub Fertilization 12-6-8 X x X 3 .Bid No.2013-33 LS-Atlantic Ave Gateway Feature 29 - -....------- SCHEDULE OF PRICIES ---------_. i _. Landscape- e i nce 0 Affai2fic Avenue y Feature 0 Annual Contract Bid Na. 2013-33 ITEMFEM DESCRIPTION QTY { UNIT PRICE TOTAL PRICE 1 ' Mowing, in TrimTdng � 44 $ 125.00 $ 5,500 00 (4 times month April- Nov) (3 times a month Der- M. March) i 4 REEL MOWERS Edging 22 10.00 220.00 g 9 (every ether rnowing cycle) i 13 Weed Control (Shrub Beds) 24 i 80.00 $ 1,920.00 (twice a month) � I 4 Pruning ! 3 a. Shrubs (once a month) 12 75.00 900.00 b. Trees & Palms (once a month) 12 $ 25.00 $ 300.00 c, Accent Trees (every other rncnth) [ is ; $ 15.00 90.00 5 Lifter Control (5 days a week, Monday thru � 260 3.00 780.00 Friday) 5 Chemical Applications a_ Turf insecticide Program (tvo 2 S 90.00 _ $ 180,00 times a year) i b. Shrub b €nsecticide Program i (as needed; see rates for additional work) c. Fire Ant Control (as needed, see rates for additional work) d. Disease Control (as needed, see rates for additional work) 75.00 e, Turrr Fertilizer�-- Celebration sod 2 $ 150.00 (two times a year) See page 23, i section 21 s .1 $ 125.00 125.00 f. Turf Fertilizer-St_Augustine f I 2 I $— 125.00 $ 250.00 g. St. Augustine Weed & Feed (twice a year) 2_ 125.00 3 250.00 Did No, 2013-'.3 LS_Atlantic Ave Gateway:Feature 3 ,—I -- . 'St. August Tie ;nsed r-E FU'/E-r t n Gombinatian — (twice a year) 2 75.00 T 150.00 i. Shade Tree Fertilization (iwic a year) 4 100.00 — 400.00 E j. Palm TTS Fertiiizatitar II (four times a year—seg page 27 � I secrlon J) $ 175.00 525.00 k. Shnib Ferti&izaticn (thee times a I year-- see page 27, section i Wch (threetimes a year) 3950.00 2,850.00 14,590.00 GRAND TOTAL AREA 1 _ (Items 1 thru 7) , ----------- GRAND TOTALBID PRICE ARE #1 Fourteen Thousand Five Hundred ninety and 001100. '\Wrztten Ax ow-it Bid Nr;. 0l.3-33 LS-Atlantic Ave Gate,wav.Feat€n 31 SCHEDNLE OF PRICING FOR AREA 02 SOUTH SIDE &1aintanaipce 0 Atlantic AvenueGGateway Future 0 AnnuatContract Bid Ho� 2013-33--—. ------------------------_. TEM 5 � TI T UNIT' PRIDE TOTAL PR{ i 125.00 5,500.00 � iti�ir�w€rig, L.�;-�e I—r€rnmig 1 � n (4 t mes Month April— Nov) l ( times a € onth Dec. —Tlarch) L MOWERS ONLY i 2 Edging 22 $ 10.00 — $ 220.00 (every other mowing cycle) 11 € 3 Weed rantr©1 (Shrub Beds) 24 � � 80.00 $�1 920.00 i (twice a rnonth) 4 % Pruning a Shrubs (once a month) � 12 75.00 900.00 1 b.. Trees & Palms (once a rnonth) 12 $ 25.00 $ 300.00 d. Accent Trees (every other month) ' 6 � $ 15.00 90.00 6 Liner Control (6 days ak- Monday 120 3.00 $ 780.00 thru Friday) - 6 1 Chernicai Applications € �I a. Turf Insecticide Program (��ice a � 2 '; � 90.00 180.00 year) i b. Shrub Insecticide Program (as r}eeded, see rates 1 for additional work) i I c. Fire Ant Control � (as needed, see rates for additional work) d. Disease Control (as needed, see rates for additionai work.) € e. Turf Fertilizer— Bahia (Mice a 12 � � _� 75.00 $ 150.00 i year) I l � f. Tram Fertilizer—St. Augustine 1 j $ 125.00 125.00 ' 3 i St. Augustine Weed Feed 2 ! � 125.00 $ 250.00 _ (twice a year) k3id Nc_ 5. -M LS-Atlan is Ave Cratewa)r Feature 3� _.__... ..... ii. 5t. Augustine Insect Fertilizer H(2) a— 125.00T ( 250.00 - s. Shade Tree Fertilization (twice a �75.00 150.00 yea,) j. Paim Tree Fertilization 100.00 400.00 III � (four times a year) i kc Shrub Fertilization (three tins a � 3 ` � � � 175.00 525.00 year) r Muich (tf h ee times a year) I � E � � 950.00 -- � 2,850.00 GRAND OTA AREA#2 � � 14,590.00 ` (Items 1 thru 7) 1 1 A � BID ICF, 1'12 Fourteen Thousand Five Hundred ninety and g0l1g0. �� Writtf,-ii A—mo t I i F I Bila No. 2t,1= 3 LS-Athiritic Ave.-Gateway Feamre 33 i SgUEDOLK OF PUWrA Landscapo Maintenance 0 Atlantic Avenue �.� a m mainfra-: Bid No. 2013-33 TOTAL BID PRICE FOR AREA 41: s 14,_590.00 ` O" 'A 4,2: 14,590.00 GRANDTOTAL BID PRICE FOR AREAS 29,180.00 TWENTY NINE THOUSAND ONE HUNDRED EIGHTY AND 001100. Vendor Dame. COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC. Bice Na. ?313-3'. LS-Atlantic Ave C.zatewa'-Fezture 34 _ - I P L WORK (OF HEREMEM I eature Annual Contract fts�ntenaace Atlantic Avenue Gateway Fe Bid No� 2013-33 13a Sod Replacement(sq. ft, primo} � 0.65-St. Aug. per sq. ft. 1.00-Berm. Celebration per sq.ftp Ub Plant Tree Installation (labor per hour 3 per roan j $ _ 28.00 � per hr. per min 13C Fertilizing (labor per ;tour l per rnan) $ 28.00 per hr_ per man 13d Additionai Pest Control (price per 50 gallon $ 100.00 � per 50 gallons application of insecticide) Additional Pest Control (price per 50 pound $_ 80.p0 -- per 50 pounds application of insecticide) - -- 13e Fire Ant Control (labor per hoer! per man) � � 28.00 per hr, per man Fe€leral ! # 35- 221 0720 3 i I" Bid No. 2013 » LS-Atlantic.Aue Gateway Featune �� ------------------------------- —... DRUG FRF.E WORKPLACE 612RINFICATION Landscapes Maintenance 0 AffanticAvenue Gateway Feature 0 Annual Contra Bits No, 2013-33 !f identicai tie bids exist, preference will be given to the vendors who submit a certification with their "Didfpi-opcsai certifying they have a drug-free.workplace in accordance with Section 237.087, Florida Statutes. The drug-tree workplace preference is applied as follows: D 1 i Tim IQS: Preference shall be given to businesses with drug-free workplace programs, Whenever two or more bids which are equal with respect to price, duality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be giver, preference in the award process- Established procedures for processing tie bids will be folio-pied if none of the tied vendors have a drug-free woFkplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the ' following requirements: i, This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that wili be taken against employees for viokations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling= rehabil?tation, and employee assistance programs, and the penalties that may be unposed upon employees for drug.abuse violations. v) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the s-taterrient specified in subsection (1), r) in the staternent specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the teras of the statement and 4iil notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days aftsr such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilifaticnprogram if such is avaiiahie in tl�e eri� loyee s community, by any employee who is so convicted.. 3) This firm will contiFEue to make a good faith effort to !maintain a drug-free workplace through implementation of this section. 4 Contractor's Name COMPLETE PROPERTY SERVICES Signature OF SOUTH FLORIDA, INC. Bid No. 2013-33 LS-Atlantic Ave Gat-,way Feature 36 Did 2013-33 ---------- 0 atlantic Avenue Gatet r ; Contract Bid 1 - *Please complete this page car attach your rren e to this sheet_ AgenclComoany City of Sunrise Address14150 NW 8th Street City, stutE. Zip Sunrise, FL 33325 __ ---- E ' s,�tact Parson Gary Smith rele�=t��a6075 __. — 954 888-___5 1 Date(s)of 5err,ce j 1996 - Current vrm of:ervic& Landscape Maintenance for road way medians and right-of-ways. ------------- Ag2aaIcompany City of Boca Raton 1 Address ? 2500 NW 1st. Ave, ctFe zip ; Boca Raton, FL 33431 Contact Person Chris Bedner T etwhorne (561) 416-3428 Dates)of se v,ce 1989 - 2013 — — -- y�e of sarvic� Landscape Maintenance for road way medians and right-of-ways. comments: —_— i 1 �ancY1Crnpany Edgewater Pointe Estates aces 23315 Blue Water Circle City,state,Zip Boca Raton FL 33483 ! Contact Pelson Ken Karmaris e1P �hone„_.__..._ . _(5__61 391-6305 -_- Datefs)of Service 2006 - Current Type of Sen+ice� Landscape Maintenance:full service of Turf, Shrubs,Trees, Pest Control & Irrigation. Comrnents: I I Contractors Name. COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC. Bid No. 2013-r3 LS-Atlantic Ave Gaiewa.y Feature 37 i. _._._.......... LIAM VEN0611S EQUIPMENT .�. OF ---------- Landscape a ventz Safeway Feature Annum Corytract Bid � 2013-33 EQUIPMENT DESCRIPTION in ;preparing the tabulation beio , the Bidden shall insert the oliowing infrar mation under the appropriate heading, using a separafie Sire for each major itern and an additional page, if necessary. - (a) ITEML Description of e uiprment. ( ) USE: Description of what the, equipment will be used for in the project. (;) MANUFACTURER: Manufacturer of equipment and model number. (d) AGE AND CO IDITJON: Original model year of equipment — if equipment has been rebuilt, year of last overhaul. (e) QWIEI . C)vvrer of egcaiprneni AGE AND _7 iT USE ITER CONDITION OWNER _ LL._...._.-__ (SEE ATT ' CHED EQUIPMENT INVENTORY SHEET) F III IE I �--•__._—__..,-_._._.._., �_....-w- .. ....._.....__ _tee.........., __..__.___.__.� I I 33 i I i 3 I Bid No.2013-33 LS-Atlantic Ave Gateway Feature 38 \�. . (bOMPLETE PROPERTY @ERVICES OF SOUTH FLORIDA INC. LANDSCAPING•LAWN MAINTENANCE•TREE SERVICE•IRRIGATION•LICENSED•INSURED•BONDED ---•- EQUIPMENT LIST AVAILABLE FOR CITY OF DELRAY BEACH EQUIPMENTS DESCRIPTION 1 BRAND I MODEL # DATE'; QUANTITY i VEHICLE CHEVY DUMP TRUCK (CR CB W4SO42) 20091 1 VEHICLE FORD DUMP TRUCK (F550 X.CAB) 2008, 1 VEHICLE FORD BUCKET TRUCK (F700) FORESTRY 1 20041 1 VEHICLE ;FORD F350 (FLAT BED) 2008; 1 VEHICLE j FORD PICKUP F150 2009 1 VEHICLE FORD PICKUP (F250) % 2010 2 VEHICLE ISUZU NPRINF400 DIESEL 20081 1 VEHICLE 'ISUZU NPR HD 2003' 1 A. VEHICLE (,MITSUBISHI DUMP TRUCK (STEEL BED) 1 2009: 1 VEHICLE 'MITSUBISHI DUMP TRUCK (ALUMINUM BED) 2006 1 VEHICLE MITSUBISHI DUMP TRUCK 2013; 1 TRAILER j24' TRAILER (UTILITY) 2010' 'I TRAILER X22' TRAILER (BLACK) 20101 1 TRAILER 16TRAILER TRA � � (UTILITY) 2007 _ r _ i 1 ' _ --- (CONSOLIDATED)_ . - 1 (LER 20 ENCLOSED TRAILER2006 TRAILER 18' TRAILER (BLACK) ANDERSON 2006: 1 TRAILER IMUTCD CERTIFIED ARROW BOARD 2010` 1 MOWER-RIDER EXMARK 60" 2012, 2 MOWER-RIDER EXMARK 60" 2011 : 4 MOWER-RIDER ;EXMARK 60" 2010; 2 MOWER-WALKER �SCAG 48" 2011 : 2 BLOWER RED MAX (EBZ7500RH) 2012 5 BLOWER RED MAX (EBZ7150) 2011 6 BLOWER RED MAX (EBZ7150) 2010 2 Page 1 of 2 Office/Warehouse: 5455 N.W. 24 Street, Margate, FL 33053 Mailing Address. P.O. Box 970076, Coconut Creek, FL 33097 Office: (954) 974-5151 Fax: (954) 974-5153 www.completepropertygroup.com Email: cps@c.ompletepropertygroup.com COMPLETE PROPERTY @ERVICES OF SOUTH FLORIDA, INC. LANDSCAPING•LAWN MAINTENANCE-TREE SERVICE•IRRIGATION•LICENSED•INSURED•84NDED EQUIPMENT LIST AVAILABLE FOR CITY OF DELRAY BEACH EQUIPMENTS DESCRIPTION I BRAND I MODEL # DATEI QUANTITY BLOWER LITTLE WONDER (STREET) 2012! 1 BLOWER LITTLE WONDER (STREET) - 2010 1 EDGER RED MAX (GZ23N) 2012 5 EDGER RED MAX GZ23N) 2011 6 EDGER RED MAX (GZ23N) 2010' 1 LINE TRIMMER RED MAX (GZ25N) 20121- 6 LINE TRIMMER RED MAX GZ25N) 2011 6 LINE TRIMMER RED MAX (GZ25N) 2010 2 TRIMMER RED MAX (HTZ2460L) 20121 4 TRIMMER RED MAX (HTZ2460L) 2011 5 - - - TRIMMER2010 2 RED MAX (HTZ2460L) POWER PRUNER - 'PP PR1250 2011 'r 2 LEAF VACUUM BILLY GOAT 2009 1 POLECAT POLECAT -- - ---_2005` 1 CHIPPER SALSCO X13XT 2007 2 BOBCAT SKID STEAR A300 2006 1 STUMP GRINDER �RAYCO 1625 SUPER 2006 1 Page 2 of 2 Office/Warehouse: 5455 N.W. 24 Street, Margate, FL 33063 Mailing Address: P.O. Box 970076, Coconut Creek, FL 33097 Office. (954) 9745151 Fax: (954) 974-5153 www.completepropertygroup.com Email: cps@completepropertygroup.com UUTY OF BELK AY i. DID 51SHAVURE FORM Lanc$scape Malintenancaatlantic Avenue Gateway Feature 0 Annual Contract Bid a 2013-33 PLEASE AFFIX sIGNA I URE WHERE fI DiCATE (FA€LURE TO DO-SQ SHALL BE CAUSE FOR REJECTKM OF YOUR PRC P0sAL _ 11)c, tiad(e saped bid&.r certifies that this bid packaage.is subrahted in accordance with the specificatior,iii its ezitizpty and with ��1. E1n&rst3nding of the conditions govenAng this bid- COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC. }-Name of Bidder (Firm Name as Ragiste red with their State of origin) Business Andress, 5455 NW 24 STREET Street Address (P,O. Box Address is not permitted) MARGATE, FL 33063 City, State, dip €I�� A�fdr se Check if Same as Business address above PO BOX 970076 Street Address COCONUT CREEK, FL 33097 S tt�, dap Authorized Signature (Written) PRT YONG PRESIDENT Rant Nage and Title of Person Signing this For 5113113 (954) 974-5151 (954) 974-5153 Date Telephone 1 Fax N a Email Address of Authorized Sigmas: CPS@COMPLETEPROPERTYGROUP.COM VENDOR SERVICE REPR SENTATWE FOR PLACEMENT OF ORDER CONTACT NAME-. PAT YONG TELEPHONE: ( 954 974-5151 EIVIAIL ADDRESS, CPS@COMPLETEPROPERTYGROUP.COM i Bid No.2013-3 LS-Atlantic Ave,Gateway Feature 34 917Y OF DIELKAY CH29M LIST Landscape Mai ' , Atlantic Avenin Annual Contract Bid No. 2013-33 --Please refurn withbid subtn9ttal. X YES ❑ NO Cho& List Form X YES ❑ NO Bid Signature Form A YES ❑ NO Schedule of Pricing (chary for cr ar YES ❑ NO Addenda Acknowledgement (if any) LXX YES ❑ No Indemnity/Hold Harmless Agreement A YES ❑ NO Cone of Silence LXl YES ❑ NO roof of Insurance(including r r`s Camp ) X YES ❑ NO 5urety Performanceand Payment Bond A YES ❑ NO List of Equipment N YES ❑ NO Drug Free Worlacer lfis e n K YES ❑ NO Referencw LX- YES ❑ N 0 Busines�Tax Receipt (may apply for after rd) X YES ❑ NO PesticideApplicators License ❑ YES TX NO Subcontractor Information (if any) YES LX, N 0 Actement of No Bid — (it not responding to this request) Vendor € : COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA, INC. Thank you for your interest.in the City of Delray each Bid Nc.s, 201"'-33 L,-Atlantic Ave Gateway Feanwe 40 1_ T STATEMENT OF NO BID Landscape Maintenance # Atlantic Avenue Gateway Feature Annual Contract Biel No. 2€ 13-33 If you are not bidding or this servicelcommodity, please complete and return this form to: City of Deiray Beach Purchasing Department, 100 NW 1 st Avenue, Delray Beach, Florida 33444. Failure to respond may result in deletion of vendor's name from the qualified bidder's fist for the City of Delray Beach. VENDOR NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: Minority Owned SusEness: ❑ Black ❑ (Hispanic ❑ Woman ❑ Other We,the undersigned have declined to bid on Bid No. 2013-33 clue to the following reason(s): Please Check below: ❑ Specifications too"tight", i-e., geared toward brand or manufacturer only(explain below) ❑ Insufficient time to respond to the Invitation to Bid ❑ We do not offer this product or an equivalent ❑ Our product schedule would not permit us to perform ❑ Unable to meet specifications ❑ Unable to meet bond requirements ❑ Specifications unclear(explain below) ❑ Other(specify below) RemarkslOther: SIGNATURE: DATE: Bid No,2013-33 LS-Atlantic Ave Gateway Feature 41 Bid No.2013-33 LS-Atlantic Ave Gateway Feature 42 o�oa'sz�Nnr-ais r�o�aanssi UO o $ § bC C7 E o a v c d Zbm a — 0 0 �f r t=-�h F 4 F a r �F q�q S S S S Z Z 2 2 Y 2 2 2 5 a a o z w I c < p u h s a � a- m � a � s a gym=;s °_foo w = IWOR �q� oHLL im€en.-D<< �o RID fig- a �pp�.a s , m aoe 'sho o ut o s d��F Q w els o. owe snR� � e Eaffl iso €mop 5�€ E s a¢ g ¢w s gg g o w-pp wo SH m Jia "�w a � �mag wa z o€ `_ jl o p w ° e =wp,s W Viz® o[ s sW �a`gW 5 w. e �2 rr3" �g�= � 5¢ �P �~ a EN; rria � qo Fie m Me ipd �Y �� a��s�o� ��i��y� z < g "E �. ag �s.H � gaff sm �a =s 41 _ �e OLOZ 9Z 3Nflf'018�10d a3RS5E i Jam a`ac� - a � R1 I r� q) CI . �SeaSSS�ooSSoS�SSSBo�gnoSn8888�S88000 oao ���o aoSSSSSSSBn ooh �a gal IM HUMORaaiaillh i� i J GJ JX58 itl Ad'5 � J `au� k4' _ - rArv�S� `rv�Wa - mQ:r 8381 as aa � Meg a�� eawa � � £il � ssR Bsmmmm� o � sw a 11 R NO a �� � sesas� mse� IN�sma��, OLOZ'9Z 3Nflf-018 ilO�a3f1551 M I d�21iQ ,..!a as 0 Q� g a� a w E ® 1 v� i �Ts3 � R.-' ..� l 1 C3 C3 ® ® — C3 owz'ez BNnr-are ao-q❑anss y who o Doff � �� w � LL � _ ¢a. ga ° _ p co o r woo w�nno Og �e kill =a"=g�:a a= N�¢> =�u3nc n .,era - - ¢o �oau.. o mmww�� Z3 5 ��wgti5s .�: XWm mOP2 [;a Lu �R �` w<�= � ��°.2 3F "Hit i"o� ALL° c z� w' ° = 4WD Se o ` �oS o ¢Q Wg ao w pF m = 8a F" 11 zour..r» wz mow azwmww z,c zwa ' �wtm nWr--z$inW ¢ zilftl 0YO F 2K02Z I- 0 oz r¢tar¢rcnU ° O J 3� 53g�B r o Q z a U z � P sIF x z M 8°a� >- a 'k 3RD W g l a 3o FSo ; dn a s F' w d g v � € m s 5 ng _ o€oz'sz��vrrr-ae aoa aanssV a _ a 's 1- 3 � o • s _ — — ------------- ---_ ----------- j I i rL—� F 3 � [� 3 � CP 5 1 -------------- - ---- — `� snaz`sz aaev��as-are ao�cranssE I " v - � l rola bE-_ a am I.I did �,z el _ wr'n�[� �di 121, g� a a1 P 3 f 3 e�'f Z� l l d i' r� w zPi p ori ole a'pJa a�aaa '? riN .: 3 12 ti n e'1= ?�6- _ " Na l Z;/Z; i'I 1 4 N Y a a c e a �} _ � �, _ n � � 1 - - ��^.- l � yT7.�-. s a �- ' j �•_~ -__ _^__.._ 4' is a I'. I IN- ------------ rE Bid No.2013-33 LS-Atlantic Ave Gateway Feature 43 ... . ....... BUSINESS TAX RECEIPT APPLICATION & CONTRACTOR REGISTRATION CITY OF DELRAY BEACH 100 N.W. 1-1'Avenue, Dairay Beach, Florida 33444 (561) 243-7209 - FAX (561) 243-7221 Website. mydeiraybeach.com NAME OF BUSINESS 0 New 13 Transfer HOME OCCUPATION Y 13 N\[n] FEIN: SSN: LOCATION OF BUSINESS MAILING ADDRESS, IF DIFFERENT TELEPHONE 6ELL # FAX # BUSINESS 7TAX R CEIPT APPLICATION ONLY TI NAME OF SOLE PROPRIETOR OR CORPOR ION HOME ADDRESS TELEPHONE REGISTERED AGENT OF CORPORATION (if appii ADDRESS TELEPHONE MANAGER TELEPHONE CONTRACTORS REGISTRA7N ONLY QUALIFIER'S NAME HOURS OF OPERATION DATE BUSINESS STARTED OWNER'�, BIRTHDATE AT THIS LOCATION (if over 65)�\'�' NO. OF ROO�S (ApVHote[) A APPLICATION DATE NO. OF SE TS�.staurant) NATURE OF BUSINESS SIGNATURE -PRINT NAME THE ABOVE SIGNED APPLICANT FOR A CITY OF DELRAY BEACH BUSINESS TAX RECEIPT HEREBY ACKNOWLEDGES THAT THIS BUSINESS TAX RECEIPT IS ISSUED BY THE CITY AS PART OF THE C17YS TAXING FUNCTION,AND IS NOT TO BE CONSTRUED TO BE APPROVAL IN ANY FASHION 1ANCE WITH APPLICABLE STATUTES, LAWS AND ORDINANCES INCLUDING BUT NOT LIMITED TO ZONING OR ACKNOWLEDGEMENT OF COMPL TORS RESTRICTIONS WHICH MAY BE APPLICABLE TO THE SUEJECT SfTE, EGULATIONS, NOR COMPLIANCE WITH ANY OTHER REGULA -40LUDING BUT NOT LIMITED TO THE COUNTYWIDE WELLFIELD PROTECTION ORDINANCE, AS AMENDED FROM TIME TO TIME FOR OFFICE USE ONLY BUS.TAX NO. CATEGORY FEE ZONING APP. STR 107 COMPL-4 CIP ID:48 E JMMi CERTIFICATE OF LIABILITY INSURANCE 710/30112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS BY THE POLICIES CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING lNSURERi AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endarsement(s). CONTACT PRODUCER Phone:904-356-1492 NAME: George A.Zell ner Company PHONE I FAX 530 Park Street Fax: -LALC,_Nq_Ext�-.,-. I (AIC,No): Jacksonville,FIL 32204-2991 E-MAIL Jack Green -Ai INSURER(S)AFFORDING COVERAGE NAIC INSURER A�Western World Insurance Co. INSURED Complete Property Group,Inc. INSURER B:Travelers Insurance Company South Florida,Inc. INSURER C:Nautilus Insurance Company 5455 NW 24 Street Margate,FL 33063 INSURER i 110i Insurance Company INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVF BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWi[THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFiCA-TE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.I-Ii SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R --- --- DUSUBR' t POLICY"EFF "Is TYPE OF 1NSURANCE POLICY NUMBER LIMITS i wVD MIDDIYYYYI GENERAL LIABILITY EACH CCCt 1,()00,000 -k. DAMAGETC A MIMERCIAL GENERAL LIABILITY NPP8110911 10104112 10104/13 PREMISES 300,000 X 5,000 CLAIMS-MADE I X i OCCUR MED EXP(Arry cne person) R RSONAL&Ai INJURY $ 1,000,000 E 01 13PNEIIAL AGGREGATE 2,001,001 SEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 2,000,000 LPOLICY LOG COMBINED SNGI-E LIMIT S 1,000,000 .ace -A I UTOMOBK-E LIABILITY EFident) X ANY AUTO BA-lC930875 10114112 101141113 BODILY INJURY(Pnr person) ALL OWNED SCHEDULD BODILY INJURY(Per Laccident) S AUTOS AUTOS NGN OWNED PROPERTY DAMAGE HIRED AUTOS HAUTC-S (Peraccid!tn 00,000 UMBRELLA LIAB EACH OCCURRENCE C EXCESS LIAB OCCUR AN008848 10104112 10104/13 $ 1,000,000 CLAIMIS-MAD DED RETENTION$ .$ VVORKERS COMPENSATION WC STATU- OTH AND EmPLoYERS'LiABILITY CRYLIMITS ER YfN ANY PROPRIETORIPARTNER�EXECITTIVE E E.L.EACH ACCIDENT $ OFFICERWEMBER EXCLUE �N�A (Mandatory in NH) 7E'-WIZ7SE-EAEMPLOYi $ If yes,describe urder DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ D follution RSSLLE000415-00 10114112 10/14113 �Occurance 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Attach ACORD 101,Additional Remarks Schedule,II'more 5pacu is required) Certificate Holder is Additional Insured with respects to General Liability. CERTIFICATE HOLDER CANCELLATION DELRAYB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Delray Beach Purchasing Department AUTHORIZED REPRESENTATIVE 100 NW 1st Avenue Delray Beach, FL 33444 Q 1988-2010 ACORD CORPORATION. Ail rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ................. CERTIFICATE OF LIABILITY INSURANCE Producer: Lion Insurance Company This Certificate is issued as a matter of information only and confers no rights 2739 U.S. Highway 19 N. upon the Certificate Holder. This Certificate does not amend,extend or alter Holiday, FL 34691 the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# insurer A: Lion Insurance Company 11075 Insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer B: 2739 U.S. Highway 19 N. Insurer C: Holiday, FL 34691 insurer 0: insurer E: Coverages I re policies of insurance listed below have beer)isis"i'd to the insured named above for the policy palrod indicated.Notwithstanding any r6pidrement,term or coi of anycontract or other document Wth respect to wiiich this corUcate may be iissued or may pertain,the i nsurance afforded by the policies described herein is subject to all the terms,exclui and coi ons ol such policies,Aggregate limits shown may have been reduced by paid claims, INSH ADDL Policy Effective Policy Expiration Date Limits Type of Insurance Policy Number Date (MMIDEvyy) (MMIl GENERAL LIABILITY Each Cocurrence 0 mmercial General Liability Damage to rented promises(EA Claims Made 11 Occur occurrence) $ Mad i Personal Adv Injury 3eneral aggregate limit appil per: General Aggregate $ Policy 1:1 Proiect LOC: Products-Glimi Agg $ AUTOMOBILE LIABILITY GombiredSiMgIl EAAccidl $ Ani Bodly,injury All owned Aumr (Per Person) Scheduled Aulos Hired Autos Bodill ALAcs (PerAccident) $ Property Damage (PerAcoldent) EXCES IUMBRELLA LIABILITY Each 0i Occur 11 Claims Made Aggregate Deductible A Workers Compersaillon and WC 71949 01/0112018 01101/2014 X I WC Stall OTH- Employers'Liability tory Limits ER Any prcprietorlpartner/executive officer/me mber E.L.Each Accident $1 1000,000 excluded? NO F,L.Disease-Ea Eirnployee $1,000,000 If Yes,describe under special provisions below. E-L,Disease-Pciic 00 Other Lion Insurance Company is A.M.Best Company rated A-(Excellent). AMB#12616 Descriptions of Operations/Locations/Vehicies/Exclusions added by Endorsement/Special Provisions; Client ID: 92-67-058 Coverage only applies to active amployee(s)of South East Employee Leasing Services,Inc.that are leased to the following"Client Compi Complete Property Services of South Florida,Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries Ectve employee(s) ,while wol in Florida. Coverage does not apply to statutory employee(s)or independent contractol of the Client Company or any other entity. A i1st of the active employeel leased to the Client Company can be obtained by faxii a request to(727)937-2138 or by calling(77.7)938-5561 Be in Date: 1 3/2013 CERTIFICATE HOLDER CANCELLATION CITY OF DELRAY BEACH Should any of the above described pokies be cancelled before the wpiration dale thereof,the issuing insurerwIl eirdleavorto mall 30 days written notice Ic the certilicate holder named to the left,but failure to do so shall impose no ATTN PURCHASING DEPT obilgaton or liability ofarrykind upon the Insurer,1%agents or representatives. 100 NW I ST AVE DELRAY BEACH, FIL 33444 "..GF C!, 'Y '5316 F.' -11;M DEL . RE 4 . &)CO, CEII*t�'N.0,13'-60041 9 46 -127168 RESTRICTION: q r�WNER: :,-:-.�','_:DATEls w su,[Zb�i,: /13 )SINESS NAME: COMPLETE:'�PRO LOCATION. "DELINQU NT, E. `R CLASSIFICATION- LAAWN INTE -R` MNCE TRANSFER:FEE6 ..00 -,_T-b.tA M& "k AID- ..L':�% _UMP BUSINE X':,REr 88TA __EI�rF_ISSUED FORTHE PERIOD COMPLETE PROPERTY SVCS J�_ _013 D:SEPTBA8ER 80 P.O. BOX 970076 14 COCO N UT CREEK 0-�3097. --BE INES&'-TTA Af.0 IPT-MUST _Y PL Of J, PHCU USE D jo, 'S&WCATON -B: BUC'�VVI ' ' U 40 EW,AT h- Notice:This business tax recei t bec NULL 6rid,VOID b h P )F�DELFZAY E-ArCL*.�t", -7777 `TAX:'REGE1"PT1N,F0RMATf ............... DATEISSUED., -86sf N'M'-TAX RE0.F I 091 3 _PT.,i HE:PERIOD T 30 2013 b; .POS fS r.r n 4,r i urra n:_,,x.1;1 tdh '�- `U !� - tt".N PI t t� - L.- ,�, ._ 1. �._"r 1. ___ :� ease conspicuo.u.s.y'.". nf, f b by anyone.upon enfering yqqr,..,-..p -PC pl�m f '..f usmaessQ,ax eejor",the- This bu eseh 66 quKob slnes§jax:�rec ;f t-, _Y �p 46. ,an :..,asse r'.1. on: �n Uo. �v 5c -,e.p em e s 'he ",;�'a period.October: O � r �!�tbjh e ase 61.. iftg, ,J` 4ece Ar`018je,; W us ness users ih m hqm� deth e IP1 certain.b 9� .0 :7,` amed,-74-061f' ead �tp en,ewa nce YOU hc- '' "t d 0 B, a,,,--T "Y "1 21 C Y. 61, P, 1:� ,� !-,�4p "�bb. o,r,.e,.,-expi ra,J d n', q e 3 _ S. f s ift ic 6,; o ff"th f notice each :, �ear 30' -a -,c - "t M" P�jn" Ml� Tor to n, a -W ft" ,J`dtc, the receipt. ease, f,J,5, _11. , ., ,�pena ure b%,renew.,. S d7"' "h 7 1.Y�,,mftAmp, ""J report it .t6 u efiatey., .,; e!�,.v: T. this business: ax,receip if you cff-a' nge your business, barne -owne.. _�,must;make, ;a'.: �rship:,br, location. m new. Y Th 're I ce.ipts,mus o-business- .1pa !$�71 �'4hsf6l�," t application for the. ch6nge.,:..qnd- te f6L. _m, st -b be surrendered h- e,166 iot -4h 10 ou e # j TTO An -jea, an-v previous,qW.rier, d d and�.datp d� th d e - a w--,,o, .ner- . o- e,:ne =siness is assigh 6A A� Wa n`.e§s.;:tax" t: r: obaffon-,'-,y"ou,m, bta"'i' 11"1"61" TKelp, P If you have more:thari'bne�b:Usift s',1 f each location sines sl ffim,your" Iss ef.f - W, separate bu, f 'i W- h" ': A b WI , f 'h 446.:4 la Please �check ith �.'Usj you bb� ib� ::,oij,r W YIAIE usiness by visi.in :b ima t A 7- calling. us at "J. PE E ess Notice:The issuance.ofthis.business,,fax)',. to supercede the zoning Code ort�e�C4,�rq.:end�,?� AwNcNi, GAN N.ON. �LOCATED AT� P.O.Box 3353,West Palm Beach,FL 33402-3353 CONSMU710NAL TAX COLL ECTSR www.taxcollectorpbc.com Tel'.(561)355-2272 5455 NW 24TH ST MARGATE, FL 33063 CERTIFICATION ff REMPTWIDATE PAID AMT PAID iYLL# TYPE OF BUSINESS OWNER- U12.550388-08114112 5&D030 LAWN MAINTENANCE YONG PAT $3300 B40043175 -his document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2012/2013 LOCAL BUSINESS TAX RECEIPT B1 -14 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC LBTR Number: 200714983 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC EXPIRES: SEPTEMBER 30. 2013 PO BOX 970076 This receipt does not constitute a franchise, COCONUT CREEK, FIL 33097-0076 agreement,permission of authority to perform the services or operate the business described here-in when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. AN,-;� M. GANNON P.O.Box 3353,West Palm Beach,FL 33402-3353 �LOCATED AT** CONSTFTUVIONAL TAX COLILECTOR www.taxcollectorpbc.com Tel.(561)355-2272 SfM�Og PdFM&461 CAOMPY 5455 NW 24TH ST MARGATE, FL 33063 0 TYPE OF BUSINESS OWNER CERTIFICATION# #/DATE PAID AMT PAID BILL# 56-0027 LANDSCAPING YONGPAT U12,550388-08;14/12 $319Q� 840043176 This document is valid only When receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 2012/2013 LOCAL BUSINESS TAX RECEIPT B3-13 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC LBTR Number: 200714982 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC EXPIRES: SEPTEMBER 30. 2013 PO BOX 970076 This receipt does not constitute a franchise, COCONUT CREEK, FIL 33097-0076 agreement,permission of authority to perform the services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. ANNE N1. GANNON P.O.Box 3353,West Palm Beach,FL 33402-3353 **LOCATED AT� CQN3T7Ufj014A1,TAX MAECTOR www.taxcollectorpbc,com Tel:(561)355-2272 -serring Palm 114.7rk cr'wly 5455 NW 24TH ST MARGATE, FL 33063 TYPEOF BUSINESS-- T_ OWNER CERTIFICATION# I RECEIPT xDATE PAID AMT PAID BILL# 23-0060 IRRIGATION SPRINKLER CONTRACTOR YONG PAT U20779 I U12.659368-MI4112 $27.50 B4004$174 This document is valid only when receipted by the Tax Collectors Office, STATE OF FLORIDA PALM BEACH COUNTY 201212013 LOCAL BUSINESS TAX RECEIPT B3-14 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC LBTR Number: 200806612 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC EXPIRES: SEPTEMBER 30. 2013 PO BOX 970076 This reGeipt does not constitute a franchise, COCONUT CREEK,FL 33097-0076 agreement,permission of authority to perform the services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. ANNt� N1, GANNION P.O.Box 3353,West Palm Beach,FL 33402-3353 �LOCATED AT� CONSTMUTICNAL TAX COLLECT31k www.taxcollectorpbc.com Tel-(561)365-2272 �vrrirg.Palm Reach Go-ty 5455 NW 24TH ST MARGATE, FIL 33063 .10 TYPE OF I OWNER CERTIFICATION RECEIPT#/DATE PAIDT AMT PAID 5"017 PEST CONTROL r�RM COMPLETE PROPERTY SERVICES or souTH _ja192698 U12.6W388-08114/12 S33-00 B40104482 rhis document is valid only when recelpted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 201212013 LOCAL BUSINESS TAX RECEIPT B2-14 LBTR Number: 201151009 COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC COMPLETE PROPERTY SERVICES OF SOUTH FLORIDA INC EXPIRES: SEPTEMBER 30. 2013 PO BOX 970076 This receipt does not constitute a franchise, COCONUT CREEK,FIL 33097-0076 agreement,permission of authority to perform the services or operate the btisiness described herein 11111119111 Hill I lill 1111 11111111 1 gill IIII III it when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-1 00, Ft. Lauderdale, FL 33301-1895—954-831-4000 VALID OCTOBER 1,2012 THROUGH SEPTEMBER 30,2013 Receipt#:182-3-617 DBA- /LWN SPRNKL/CONT OR L'um Bus COMPLETE PROPERTY SERVICES OF iness;Type:p 331NG Business Name, (SPEC PLUMBER LAWN SPRINn SOUTH FLORIDA INC s Opened:o5/i6/2oo8 Owner Name:PAT YONG Busines Business Location:5455 NW 24 STREET State/CountylCerUReg;08-CLS-15117-R MARGATE Exemption Code: Business Phone:954-974-5151 Rooms seats Employs" Machines Professionals 2 For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 0.00 27.00 0.00 0.00 0.00 0.001 27.00 'aid :0 7 0] UOUSLY IN YOUR PLACE OF BUSINESS THIS RECEIPT MUST BE POSTED CONSPIC THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non-regulatory in nature.You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements.This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business iocation.This receipt does not indicate that the business is legal or that it is in compliance vAth State or local laws and regulations. Mailing Address; PAT YONG Receipt #02A-11-00006757 PO BOX 970076 Paid 09/20/2012 27.00 COCONUT CREEK, FL 33097 2012 . 2013 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., RM. A-1 00, Ft. Lauderdale, FL 33301-1895—964-831-4000 3o,2013 VALID OCTOBER 1,2012 THROUGH SEPTEMBER -467 OBA: Receipt#-18 9 C COMPLETE PROPERTY SERVICES OF 'TREE TRIMMING/TREE MAINUT CE BusinessName: Business Type:(TPER TRIMMING/1AWN SOUTH FLORIDA INC MAINTENANCE) owner Name:PAT YoNr- Business Opened:05/i6/2008 Business Location:5455 NW 24 STREET State/County/Cert/Reg*A?9 2 MARGATE Exemption Code: Business Phone:954-974-5151 Rooms Seats Employees Machines Professionals 25 For Vending Business Only achines; Vending Type: Collection Cost Total Paid Tax Amount sfer Fee NSF Fee Penalty poor Years 81.00- 0 C 0.00 0.00 0.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business%4thin aroward County and is non-regulatory in nature.You must meet all County andfor Municipality planning and zoning requirements. This Business Tax Receipt must be transferred when WHEN VALIDATED the business is sold, business name has changed or you have moved the business location.This receipt does not indicate that the business is legal or that it is in compliance With state or local laws and regulations. Mailing Address: Receipt #02A-11-00006757 PAT YONG Paid 09/20/2012 81.00 PO BOX 970076 COCONUT CREEK, FL 33097 iling A T ddress- PA LONG PO BOX 97 0()76 COCO T CREEK, FL 2012 - 201.3 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-1 M Ft Lauderdale, FL 33301-1895—954-831-4000 o,2013 VALID OCTOBER 1,2012 THROUGH SEPTEMBER 3 p,8CeIptjj:324C-247643 DBA: TE PROPERTY SERVICES OF Business Type PEs'17 CONTROL CO�MPLE Business Name:SOUTH FLORIDA INC Bus iness 0 pened:0 3 2 2 2 012 Owner Name:PAT YONG State/CountylCertfReg:JB192898 Business Location,5455 NW 24 ST MARGATE Exemption Code: Business Phone: Rooms seats Employees Machines Pr*ftsionaLs 5 For Vending Business Only g Type- INIUmber of Machines. Vending Type: NSF Fee Prior Years collecrion Cost Tax Amount Tra ster Fee Penalty 0.00 33.10 0-00 0.00 0.00 0.00 00 33-001 CUOUSLY IN YOUR PLACE OF BUSINESS THIS RECEIPT MUST BE POSTED CONSPI THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business Within Broward County and is non-regulatory in nature.You must meet all County and/or Municipality planning sferred when and zoning requirements, This Business Tax Receipt must be tran WHEN VAUDATED the business is sold, business name has changed or you have moved the business location.This receipt does not indicate that the business is legal or that it is in complianceA(ith State or local laws and regulations. Mailing Address; jeceipt #02A-11-00006757 PAT YONG PO BOX 970076 Paid 09/20/2012 33.00 EEK, FL 33097 COCONUT CR 2012 - 2013 .. . ........ . . . City of Margate, Florida Local Business Tax Receipt 901 NW 66"'Avenue Margate, FL 33063 (954)979-6213 OF V; Business Name: CoNpLETE PROP SVCS/SO FL INC. Receiw Nbr. 13-00006805 Location address: 5455 NW 24TH ST ksue Date /Class CONTRACTOR PLUMBING LAWN SPRINKLERS Effective Date." October 0 1,2012 apiradon Date:September 30,2013 Receipt Fees: 1X00 Comments: For Home Lacai Business Tax Receipt; No Commercial Vehicles?emitted at Residenm No InventorY, Stock offrade,Sales or Display, PerrnittrA Commercial and all others. No Outside Sales,SwAce,Display,Stock or Storage without prior City Conur�issionapproval. 0005787 COMPLETE PROP SVCS/SO FL INC. NOTM FECEPr WILISTBETRANSFERFED 5455 NW 24TH ST MARGATE FL 33063-7712 N/A Post This Receipt in a Conspicuous Place Maxbmm Capacky. too V; MA City of Margate, Florida Local Business Tax Receipt 901 NW 66"Avenue (P Margate, FL 33063 OF r' (954)979-6213 Business Nme: CONPLETE PROP SVCS/SO FL INC. Receipt Nbr.- 13-00006804 Location address., 5455 NW 24TH ST bsue Date/Class: LANDSCAPING CONTRACTORS Effective Date. October 01,2012 Expiration Date:September 30,2013 Receipt Fees: 130-00 Comments. For Rome 14cal Business Tax Receipt: No Commercial Vehicles Permitted at Residence. No lnventory� Stock of Trade,Sales or Display, Permitted. 'torage without prior Commercial and all others: No Outside Sales,Service,Display,Stock or S City Corrumssion Approval. 00057a7 COMPLETE PROP SVCS/S0 FL INC. NOTM REMFT MMEETRANSFOM 5455 NW 24TH ST WMBUSNMISMOVEDORSOM MARGATE FL 33063-7712 Post This Receipt in a Conspicuous Place Maxbnum Capacity. N/A 1�1XI CN qzi 4z ICA AP 46� 4M E-..' *8 4M kr) ............ STATE OF FLORIDA gMtpartmnt Df agricultare anb em!5umer &trbirc5 BUREAU OF ENTOMOLOGY&PEST CONTROL Dab-- File No. Expires 2658 September 30,2013 September 26,2012 JE1 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER T14E pROVISIONS OF CHAYfER 482 FOR THE PMOD EXPIRING- September 30,2013 AT CoMpLETE�PROPERTY SERVICES OF SOUTH MARGATE,FL 33063 Certffied Operator' ERIC RJSS WILSON COMPLETE PROPERTY SERVICES OF SOUTH PO 13OX 970076 COCONUT CREEK,FL 33097 ADAM H.PUTNAM,CON%flSSIONEF, STATE OF FLORIDA ;Depadmknt of 0(gricu[turp anb Cottgumer Akrbicez BUREAU OF ENTOMOLOGY&PEST CONTROL Expires Date File No. August 27,2012 JE162932 September 30,2013 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: September 30,2013 AT COMPLETE PROPERTY SERVICES OF SOUTH MARGATE,FL 33063 PAT YONG Regular COMPLETE PROPERTY SERVICES OF SOUTH PO BOX 970076 COCONUT CREEK,FL 33097 ADAM H.FUTNIAM,COMMISSIONER STATE OF FLORIDA MepartmeM of Agricutture anb Cangunter J�trbjctg BUREAU OF ENTOMOLOGY&PEST CONTROL Date File No- Expires August 27,2012 JE192899 September 30,2013 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 492 FOR THE PERIOD EXPIRING: September 30,2013 AT COMPLETE PROPERTY SERVICES OF SOUTH MARGATE,Fl, 33063 WILLIE CHIN Regular COMPLETE PROPERTY SERVICES OF SOM PO BOX 970076 COCONUT CREEK,FL 33097 ADAM H.PUTNAM,COMMISSIONER STATE OF FLORIDA ;Department of Z(griculMrr anb Con5ulner .6erbftes BUREAU OF ENTOMOLOGY&PEST CONTROL Date File No. Expires August Z7,2012 JE192901 September 30,2013 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS Of CHAPTER 482 FOR THE PERIOD EXPIRING: S6ptember 30,2013 AT COMPLETE PROPERTY SERVICES OF SOUTH MARGATE,FL 33063 ABIMAEL C OLAVARRIA Regular COMPLETE PROPERTY SERVICES OF SOCTH PO BOX 970076 COCONUT CREEK,FL 33097' ADAM H.PUTNAM,COMMISSIONER STATE OF FLORIDA 0epartment of 0(gricuLturt anb COTIOUnter Aberbiteg BUREAU OF ENTOMOLOGY&PEST CONTROL Date File No. Expires September 25,2012 SE192900 September 30,2013 THE 10D CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: September 30,2013 AT COMPLETE pROPERTY SERVICES OF SOUM MARGATE,FL 33063 RICHARD VALENIIN Regular COMPLETE PROPERTY SERVICES OF SOUTH PO BOX 970076 COCONUT CREEK,FL 33097 ADAM H.PUTNAM,COMMISSIONER STATE OF FLORIDA Atmantm of gignmiture anb cmoumtr gxrbtug BUREAU OF ENTOP40LOGY&PEST CONTROL Date File NO. Expires March 26,2013 JE2027S September 30,2013 THE ID CARD HOLDER NAMED ItELOW HAS REGISTERED LINDER D Ma ato rr E -h I 2 TH D C 2 0 AP -D B ar U 14 THE PROVISION S THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EX?HuNo: p 0 r 0 September 30,2013 AT COMPLETE PROPE M M P A'GATE,FL 33C SP (V 10'1 COMPLETE PROPERTY SERVICES OF SOUM ARGATE,FL 33063 GASPAR OVID10 TOMAs-FRANCISCO Regular COMPLET PROPI 'F COMPLETE PROPERTy SERVICES OF SOM PO BOX 970076 COCONUT CREEK,FL 33097 A IONER STATE OF FLORIDA BUREAU OF ENTOMOLOGY&PEST CONTROL Date File No. Expires March 26,2013 JE202767 September 30,2013 THE ID CARD HOLDER NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: September 30,2013 AT COMPLETE PROPERTY SERVICES OF SoUTH MARGATE,FL 33063 MANUEL RAMIREZ COMPLETE PROPERTY SERVICES OF SOUTH PO BOX 970076 COCONUT CREEK,FL 33097 ADAM H.PUINAM,COMMISSIONER MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Community Improvement Department Director THROUGH: Donald B. Cooper, City Manager DATE: May 21, 2015 SUBJECT: AGENDA ITEM 7.D.-REGULAR COMMISSION MEETING OF JUNE 16,2015 HOUSING REHABILITATION GRANT/CONTRACT AWARD FOR 221 S.W. 15TH AVENUE BACKGROUND Grant awards are based on the actual cost of the rehabilitation ($30,440.00), as determined by the low responsive bidder, plus a 5% contingency ($1,522.00). Total rehab cost also includes lead inspection ($425.00), lead abatement, lead clearance, termite inspection, termite treatment ($776.60) and recording fees ($19.10) for a total rehab cost of$33,182.70. Additional cost may be incurred for lead clearance test. The contingency may be used for change orders and all unused funds will remain with the SHIP Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. This item was bid according to Ordinance 29-13, Section 36.02, "Methods of Acquisition" (A), (1) "Sealed Competitive Method." DISCUSSION Request is to approve award to one (1) Housing Rehabilitation grant to the lowest responsive bidder in the amount of$33,182.70 TIMING OF THE REOUEST There is no time-sensitivity to this request. FUNDING SOURCE State Housing Initiatives Partnership Program(SHIP) 118-1924-554-49.19 $33,182.70 RECOMMENDATION Motion to award one (1) Housing Rehabilitation grant to Cordoba Construction Co., Inc., the lowest responsive bidder in the amount of$33,182.70. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE#: BID#01-2015NS APPLICANT: Pearline Bellamy PROJECT ADDRESS: 221 SW 15th Avenue DATE OF BID LETTERS: April 15,2015 DATE OF BID OPENING: May 11,2015 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation $ No Bid All Phase Roofing $ - Built Solid Construction, LLC $ 40,300.00 Yes Citywide Construction Services, Inc. $ - CJ Contracting, LLC $ 40,780.00 Yes Cordoba Construction Co. $ 30,440.00 Yes Donclay Construction Inc. $ 29,916.00 No IQ Constructions Inc. $ 45,489.00 Yes JIJ Construction Corp. $ - M&A Builders, LLC $ - Ray Graeve&Sons Construction, Inc. $ 34,020.00 Yes South Florida Construction Services, Inc. $ 33,475.00 Yes SRJ Construction Corporation $ - Starmark Properties Inc. $ - In-House Estimate: $ 33,259.92 RECOMMENDED CONTRACTOR: F(�o_rdobaconstruction Co. BID/CONTRACT AMOUNT: $ 30,440.00 5%Contingency $ 1,522.00 $ 31,962.00 Lead Inspection 425.00 Lead Clearance - Termite Inspection - Termite Treatment 776.60 Recording Fees 19.10 GRANT CONTRACT AMOUNT 33,182.70 FUNDING SOURCE: SHIP Account# 1118-1924-554-49.19 COMMENTS: Staff recommends awarding project to the lowest responsive bidder c:) C) C) C:) C:) C) C:) C:) C) C:) C:) C:) C:) C) C:) cz� C:) ./o 0 C:) CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD C� 0 C:) C:) C:) C:) C) C:) LO C) C) LO C:) C) �2 C:) C:) C:) C:) LO ,�o LO m m (D 00 LO r-- (D LO r-- LO M 00 00 CN 00 r-- Cri C�C"i CIZ Cli r--,00 r--:,Cl) Cl) "*L Lr) "*L r-- C14 CV) *i r- - cl) C14 cq m Cl) C:) C) C:) C:) C:) C:) C) C:) C:) C) C:) C:) C:) CD (Z) CD CD C) Z) CD CD CD CD CD CD CD C� C� C� C� C� C� C� C� C� C� CD CD CD CD LO C) LO C) LO CD CD CD LO CD LO LO CD CD 8 S S (z) r— Lo r— S co co CD CD I-- CD I-- cq CD cq k C"i C,.i co m r— ,I- r— m -zr (J:�CNI co CCL I-- C-4 LQ cz� I-- CN co IX) CN cq G'-, 16-9�16,n,16r>es 16,n,6'-,es 6sv-,16r>16r>6'-,GF>6r> 16r>6A, S'410 CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD - - - - - - - - - - - - - - - C� C� C� CD CN r m !�! co CD m (o m cD r— m r-- co 00 C- - - - -:*L C-4 co -:Zt cv�r— LO CD C"i co (D "*L 00 --L cq I-- CN CN LO r'- — r'- — m In �14/1 I- 6s<,s��'s 6s<,s<,s 6s 6s 6-9�61" 619�609�6-9�6r> 609� CD C) CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD C, CD CD CD I:D CD CD CD CD CD CD CD CD CD CD C� C� CD CD In In CD CD CD In CD CD CD CD CD (D CD LO CD m C) cq r- co (D LO I-- CD (S m ,I- Lo - LO co a) (D cz'-LIr-,Lr�LO r-- -:*L-zr m (0 -zr r- CCL (D G� co -zr C-4 m 41, 6s Ge'es 6s 16r>1 es 6r>16r>16r> .�16r> 6s 1 Ge'6r><�� 61�1 6-9� 410. 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WHOSE residence and project address is: 221 SW 151hAvenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 6, PALACINO PARK, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, page 120, together with all furnishings located therein. PID#12-43-46-17-30-000-0060 WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2-The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Thirty Thousand Four Hundred Forty Dollars and 00/100 Cents($30,440.00) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5-The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications 9. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 -Statement of Non-d iscrim i nation. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT ARTICLE 8 -Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. Owner Signature Contractor Signature Owner Signature Contractor Firm Name ATTEST: -4- Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOUSING REHABILITATION AGREEMENT APPLICANVOWNER: Pearline Bellamy ADDRESS: 221 SW 151h Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 6, PALACINO PARK, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, page 120, together with all furnishings located therein. PID#12-43-46-17-30-000-0060 CASE NO: 12-443 1 do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division State Housing Initiatives Partnership Program to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting,supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign-off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the —day of 2030. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. I ag ree that if d u ri ng the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of$20,000 to$37,000),the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Thirty-Three Thousand One Hundred Eighty-Two Dollars and 701100 Cents ($33,182.70) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Date Co-Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20--by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- STATE HOUSING INITIATIVES PARTNERSHIP MEMORANDUM OF UNDERSTANDING TO: Pearline Bellamy FROM: Ferline F. Mesiclort, Neighborhood Services Administrator DATE: SUBJECT: State Housing Initiatives Partnership Program Housing Rehabilitation Forgivable Loan Award According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of$33,182.70 for the rehabilitation of your home. This forgivable loan amount includes a 5% contingency amount above the actual contract price which may be used for change orders. All contractor draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 12-443 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 221 SW 15th Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of . The notice establishes that the work be completed within sixty (60) days of permit issuance Please acknowledge receipt of this Notice to Proceed as provided below and return the original signed copy to the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the tentative completion date on: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name OWNER'S CERTIFICATION OF COMPLETION AND COMPLIANCE WITH REHABILITATION CONTRACT, SPECIFICATIONS AND CHANGE ORDERS This is to certify that Pearline Bellamy, Owner of property; located at 221 SW 15th Avenue Delray Beach, FIL 33444, do state that the City of Delray Beach Housing Rehabilitation Program, through Cordoba Construction Co., Inc., Contractor, has completed to satisfaction all outlined repairs and services called for in the rehabilitation contract and any subsequent Change Orders. I/We further state and certify that to the best of our knowledge all the repairs and services called for in the above mentioned rehabilitation contract and any subsequent Change Orders have been completed in compliance with the City of Delray Beach Housing Rehabilitation Program specifications. I/We certify that all obligations undertaken by the City of Delray Beach Housing Rehabilitation Program have been fulfilled. Further, the City of Delray Beach Housing Rehabilitation Program is under no obligation to provide additional repairs, improvements or services. I/We further certify that Cordoba Construction Co., Inc., shall be under no further obligation to provide additional repairs, improvements or services other than those provided under the one (1) year warranty guarantee called for under the original contract agreement by and between Cordoba Construction Co., Inc., Contractor, and the City of Delray Beach Housing Rehabilitation Program. I/We hereby agree to notify promptly the above listed Contractor and the City of Delray Beach Community Development Division of any defects in workmanship or materials provided in the above mentioned contract and subsequent Change Orders which may become evident during the warranty period. I/We further state that this certification is given freely of our own volition. (Owner) (Date) (Owner) (Date) CITY OF DELRAY BEACH CERTIFICATE AND RELEASE CONTRACT ENTERED INTO THE DAY OF 2015 BETWEEN Cordoba Construction Co., Inc., AND Rosetta Sands, Owner FOR THE REHABILITATION OF RESIDENTIAL PROPERTY AT 221 SW 15th Avenue Delray Beach, FIL 33444 LOCATED IN THE CITY OF DELRAY BEACH, FLORIDA. LEGAL DESCRIPTION: Lot 6, PALACINO PARK, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 26, page 120, together with all furnishings located therein. PID#12-43-46-17-30-000-0060 KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the Owner to the Contractor under the Contract and duly approved Change Orders and modifications the balance of$ 2. The undersigned further certifies that all work required under this Contract including work required under Change Order Number has been performed in accordance with the terms thereof, and that there are no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract. 3. That in consideration of the payment of the amount stated in paragraph 1 hereof, the undersigned does hereby release the Owner from any and all claims arising under or as authorized by this Contract and duly approved Change Orders. IN WITNESS WHEREOF, the undersigned has signed this instrument this day of , 201_. Affiant further states that the matters and things stated therein are, to the best of his/her knowledge and belief, true. Contractor Signature STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, this day of , 201_by who personally appeared (known) to me or who produced # as identification and who did (did not) take an oath. Signature of Person taking Acknowledgement Stamp &Serial No. Name (Type/Print or Stamp) Notary SEAL - 2 - WARRANTY FOR REHABILITATION Reference is made to Section 129 and 130 of General Conditions as incorporated into and made part of our Contract dated for the rehabilitation of your property at: 221 SW 15th Avenue Delray Beach, FL 33444. As required thereby in connection with the performance of work under the Contract, you are advised that I warrant that all materials, fixtures and equipment furnished by me and my subcontractors were new and of good quality and of good title. Should any defects appear within a year from the date of the final acceptance which occurred on , and should such defects be caused by faulty materials, fixtures, equipment or work, I shall promptly remedy these defects and pay for any damage to other work resulting therefrom. It is requested that you give notice to observed defects with reasonable promptness. A separate guaranty is being furnished for each of those facilities specified to be guaranteed in the General Conditions. Contractor Signature Contractor Firm Name Date MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald Cooper, City Manager DATE: May 21, 2015 SUBJECT: AGENDA ITEM 7.E.-REGULAR COMMISSION MEETING OF JUNE 16,2015 HOUSING REHABILITATION GRANT/CONTRACT AWARD FOR 508 S.W.6TH AVENUE BACKGROUND Grant awards are based on the actual cost of the rehabilitation ($31,660.00), as determined by the low responsive bidder, plus a 5% contingency ($1,583.00). Total rehab cost also includes lead inspection ($425.00), lead abatement, lead clearance, termite inspection, termite treatment ($972.00), and recording fees ($19.10) for a total rehab cost of$34,659.10. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the SHIP Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. This item was bid according to Ordinance 29-13, Section 36.02, "Methods of Acquisition" (A), (1) "Sealed Competitive Method." DISCUSSION Request is to approve award to one (1) Housing Rehabilitation grant to the lowest responsive bidder in the amount of$34,659.10. TIMING OF THE REOUEST There is no time-sensitivity to this request. FUNDING SOURCE State Housing Initiatives Partnership Program(SHIP) 118-1924-5 54-49.14 $34,659.10 RECOMMENDATION Staff recommends awarding one (1)Housing Rehabilitation grant to Cordoba Construction Co., Inc., the lowest responsive bidder in the amount of$34,659.10. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE#: BID#01-2015NS APPLICANT: Tensey Collot PROJECT ADDRESS: 508 SW 6th Avenue DATE OF BID LETTERS: April 15,2015 DATE OF BID OPENING: May 11,2015 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation $ 39,005.00 Yes All Phase Roofing $ - Built Solid Construction, LLC $ 40,615.00 No Citywide Construction Services, Inc. $ - CJ Contracting, LLC $ 44,610.00 Yes Cordoba Construction Co. $ 31,660.00 Yes Donclay Construction Inc. $ 30,910.00 No IQ Constructions Inc. $ 56,189.00 Yes JIJ Construction Corp. $ - M&A Builders, LLC $ - Ray Graeve&Sons Construction, Inc. $ 33,935.00 Yes South Florida Construction Services, Inc. $ 32,210.00 Yes SRJ Construction Corporation $ - Starmark Properties Inc. $ - In-House Estimate: $ 30,493.25 RECOMMENDED CONTRACTOR: F(�o_rdobaconstruction Co. BID/CONTRACT AMOUNT: $ 31,660.00 5%Contingency $ 1,583.00 $ 33,243.00 Lead Inspection 425.00 Lead Clearance - Termite Inspection - Termite Treatment 972.00 Recording Fees 19.10 GRANT CONTRACT AMOUNT 34,659.10 FUNDING SOURCE: SHIP Account# 1118-1924-554-49.19 COMMENTS: Staff recommends awarding project to the lowest responsive bidder - - - - - - - - - - - - - - C:) 00 CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD Z) C� LO C:) C:) LO LO !�2 CD CD LO LO LO CD CD LO C) LO ,�o 00 'l- C:) LO 00 LO C:) r-- C14 'l- LO I- r- m !�2 (.C) cr�C-1 cr�C') cv) (q-zl- C-) r-- cc�-:*!r- -:*L CV) C'4 C"i CV) - LO cq C14 C14 - C14 6-9�6p�6-9�6-9�6p�6-9�es V�V�es 6s 61) 61�1 6.9 6p�61-:� CV) C:) C) C:) C:) C:) C:) C) C:) C:) C) C:) C:) C) C:) C) C) C:) C) CD CD CD CD CD CD CD CD CD CD CD C� C� C� C� C� 04,9 CD CD CD LO LO LO CD LO U') CD CD CD CD CD CD CD U') Lo CD 8 r2 r— r2 Lo r— co U') CD CD IX) CD CD m r— r-�k co co m CQ Lo M U') LQ LQ CO :�,C"i G� 49 CD CN CN cq CN m co S'410 �141/ 6r> 16r> es 16'-,eo:>es 16S 16,-,16-9�6e,6'-,6-9� CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD - - - - - - - - - - - - - - - C� C� 'l- CN CN Z� 'l- co co CD m I- 'l- CD (D 00 LO m c- !�! 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WHOSE residence and project address is: 508 SW 61hAvenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 12 Block 3, ROSEMONT GARDENS, Plat Book 29, Page 101 P I D#12-43-46-20-31-003-0120 WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows: ARTICLE I - Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, equipment and all other appurtenance thereto and perform and complete all work in accordance with the contract documents as prepared by the City of Delray Beach. ARTICLE 2-The Contract Price. The Owner shall pay the Contractor for the performance of the contract in current funds, subject to additions and deductions as provided in Section 109 hereof, the sum of: Thirty-One Thousand Six Hundred Sixty Dollars and 00/100 Cents($31,660.00) ARTICLE 3 - Method of Payment. Upon request of the Contractor, partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All payment requests will require owner's signature. CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT However, the City shall not be stopped from distributing funds if the City determines the owner has unreasonably failed to sign a payment request. Final payment will be made after: 1. The Contractor executes a lien release and warranty on forms furnished by the City, relative to work performed, materials furnished, and certification that all amounts due for labor and/or materials have been paid. The Contractor, by execution of the contract, holds the City and property owner harmless from all claims or liens for labor or materials furnished or used in performance of the work covered by this contract, whether furnished or used by the Contractor or any subcontractor. 2. The contractors and the Owner agree to defend, indemnify, and hold harmless the City and its officers, agents, and employees from and against any and all suits, claims, actions, legal proceedings, demands, or liabilities (and any and all costs, expenses, liabilities, including attorney's fees associated therewith, made against the City which arise, directly, or indirectly from the Contractor's or Owner's negligent acts, errors or admission during performance under this agreement). 3. The City conducts a final inspection and approves and accepts all work performed by the Contractor. Final acceptance of the job shall not subject the City to any legal responsibility or liability of any kind. The parties agree that the City is not a signatory to this contract and does not have any responsibilities under this contract either express or implied, except to settle disputes between the parties which do not constitute a breach of contract, to conduct a final inspection to approve work performed by the Contractor, and to hold and distribute funds. In the event that the -2- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT performance by the Contractor is unsatisfactory or unacceptable for any reason; the Contractor agrees to correct any deficiencies at no additional cost to the City. ARTICLE 4 -The Contractor will guarantee that all work performed is free from defects for a period of one year from the date of final acceptance of all work required by the contract. If any defects appear during the warranty year, the Contractor will correct as expeditiously as possible. ARTICLE 5-The Contract. The executed contract documents shall consist of the following: a. This Contract b. Instructions to Bidders C. Signed Copy of Bid d. General Specifications e. Special Conditions f. Technical Specifications 9. Drawings ARTICLE 6 - Lead Based Paint. In accordance with the Lead Based Paint Poisoning Prevention Act, no lead based paints shall be used in any area intended for human habitation. ARTICLE 7 -Statement of Non-d iscrim i nation. The Contractor shall ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. -3- CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP HOUSING REHABILITATION -CONTRACT ARTICLE 8 -Dispute Resolution. All internal disputes between the Owners and Contractor arising out of or related to the work shall be decided by Program Administrators. All other disputes constituting a breach of this agreement, which cannot be resolved by the Owner and Contractor, shall be resolved by a Court of competent jurisdiction pursuant to the laws of the State of Florida with venue in Palm Beach County, Florida. THIS AGREEMENT, together with other documents enumerated in this ARTICLE 5, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provisions in any component part, the provision of the component part first enumerated in this ARTICLE 5 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in three (3) original copies on the day and year first above written. Owner Signature Contractor Signature Owner Signature Contractor Firm Name ATTEST: -4- Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOUSING REHABILITATION AGREEMENT APPLICANVOWNER: Tensy Collot ADDRESS: 508 SW 6th Avenue Delray Beach, FL 33444 LEGAL DESCRIPTION: Lot 12 Block 3, ROSEMONT GARDENS, Plat Book 29, Page 101 P I D#12-43-46-20-31-003-0120 CASE NO: 13-472 1 do hereby certify that I am the owner of the above property and that I have requested financial assistance from the City of Delray Beach Neighborhood Services Division State Housing Initiatives Partnership Program to bring my property to a level meeting the minimum property standard. I further grant the City of Delray Beach and its authorized staff members, contractors and subcontractors permission to carry out rehabilitation work and repair work on my property in compliance with the property rehabilitation standards of its Community Development program. I authorize the City to act as my agent in contracting,supervising and inspecting this rehabilitation work. I understand that the City of Delray Beach is acting only as agent in the contractual agreements and is not responsible for the quality and warranty of the work and has no legal responsibilities in the agreement. I agree to provide information necessary for grant administration and monitoring, to be available for necessary conferences and decisions, to sign-off on the grant when the work is completed, and to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. Following completion of the rehabilitation work, I will maintain the property in good condition and will insure that the property is kept in compliance with the City Minimum Housing Code. I understand that this agreement will be recorded as a covenant to the property, shall create an equitable lien on the property, shall remain in effect for fifteen (15) years following project close-out, and shall apply to the Owner's heirs, successors, and assigns. I understand that this lien may be satisfied and released by the City on the —day of 2030. The anniversary date shall be the first day of in each year following the completion of activities financed by the forgivable loan. I ag ree that if d u ri ng the appropriate period (10 years for loan amounts less than $20,000 and 15 years for loan amounts of$20,000 to$37,000),the property is sold or transferred during this period for any reason except the need to meet major health care expenses (definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis) or transferred by inheritance at death, I shall immediately repay to the City the full amount of the lien. Return to: City of Delray Beach Neighborhood Services Division 100 N.W. 1"Avenue Delray Beach, FL 33444 CITY OF DELRAY BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HOUSING REHABILITATION AGREEMENT I agree to indemnify the City and hold it harmless for any damage or injury to persons or property occurring during the authorized rehabilitation work. I agree that the forgivable loan amount of Thirty-Four Thousand Six Hundred Fidty-Nine Dollars and 10/100 Cents ($34,659.10) is the amount of the rehabilitation contract, including any change orders approved by the City, and the cost of any related work performed under this agreement. In the event that any questions or disputes arise concerning the rehabilitation work being performed by a contractor under this agreement, I shall advise the Neighborhood Services Administrator of same and the City shall act as arbitrator in resolving the question or dispute. I have reviewed the specifications and they meet with my approval. I further agree that there will be no changes in the specifications, unless needed to satisfy a minimum housing code violation. Date Owner Date Co-Owner Date Ferline F. Mesidort Neighborhood Services Administrator STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20--by who is personally known to me or produced as identification. (SEAL) Signature of Notary -2- STATE HOUSING INITIATIVES PARTNERSHIP MEMORANDUM OF UNDERSTANDING TO: Tensy Collot FROM: Ferline F. Mesiclort, Neighborhood Services Administrator DATE: SUBJECT: State Housing Initiatives Partnership Program Housing Rehabilitation Forgivable Loan Award According to the local guidelines set by the City of Delray Beach Neighborhood Services Division Program Activities and approved by the City Commission, you are an eligible participant in the Housing Rehabilitation Program. This Memorandum is to confirm our previous conversations and offers. You have been awarded a forgivable loan in the amount of$34,659.10 for the rehabilitation of your home. This forgivable loan amount includes a 5% contingency amount above the actual contract price which may be used for change orders. All contractor draws will require your signature and will be done according to specifications. Any unused funds remaining after the work is completed on your home, will be returned to the Rehabilitation Program. Inspection of work will be done by the City of Delray Beach's Building Department and the Neighborhood Services Division. Our priority will be to see that your house meets local housing and building code standards (including the HUD Section 8 Housing Quality Standards) and that hurricane protection measures are implemented to the extent that is practical and feasible. NEIGHBORHOOD SERVICES DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM NOTICE TO PROCEED APPLICATION NO: 13-472 DATE: SUBJECT: NOTICE TO PROCEED, REHABILITATION AT: 508 SW 6th Avenue Delray Beach, FL 33444 Pursuant to the local guidelines set by the City of Delray Beach's Neighborhood Services Division Affordable Housing Rehabilitation Program and approved by the City Commission, you are hereby given Notice to Proceed with the work at the above referenced property within three (3) calendar days of . The notice establishes that the work be completed within sixty (60) days of permit issuance Please acknowledge receipt of this Notice to Proceed as provided below and return the original signed copy to the City of Delray Beach, Neighborhood Services Division, 100 Northwest 1st Avenue, Delray Beach, Florida 33444. Date Owner Owner This acknowledges the above notice was received, which establishes the tentative completion date on: Ferline F. Mesidort Contractor Signature Neighborhood Services Administrator Date Contractor Firm Name OWNER'S CERTIFICATION OF COMPLETION AND COMPLIANCE WITH REHABILITATION CONTRACT, SPECIFICATIONS AND CHANGE ORDERS This is to certify that Tensy Collot, Owner of property; located at 508 SW 6th Avenue Delray Beach, FIL 33444, do state that the City of Delray Beach Housing Rehabilitation Program, through Cordoba Construction Co., Inc., Contractor, has completed to satisfaction all outlined repairs and services called for in the rehabilitation contract and any subsequent Change Orders. I/We further state and certify that to the best of our knowledge all the repairs and services called for in the above mentioned rehabilitation contract and any subsequent Change Orders have been completed in compliance with the City of Delray Beach Housing Rehabilitation Program specifications. I/We certify that all obligations undertaken by the City of Delray Beach Housing Rehabilitation Program have been fulfilled. Further, the City of Delray Beach Housing Rehabilitation Program is under no obligation to provide additional repairs, improvements or services. I/We further certify that Cordoba Construction Co., Inc., shall be under no further obligation to provide additional repairs, improvements or services other than those provided under the one (1) year warranty guarantee called for under the original contract agreement by and between Cordoba Construction Co., Inc., Contractor, and the City of Delray Beach Housing Rehabilitation Program. I/We hereby agree to notify promptly the above listed Contractor and the City of Delray Beach Community Development Division of any defects in workmanship or materials provided in the above mentioned contract and subsequent Change Orders which may become evident during the warranty period. I/We further state that this certification is given freely of our own volition. (Owner) (Date) (Owner) (Date) CITY OF DELRAY BEACH CERTIFICATE AND RELEASE CONTRACT ENTERED INTO THE DAY OF 2015 BETWEEN Cordoba Construction Co., Inc., AND Tensy Collot, Owner FOR THE REHABILITATION OF RESIDENTIAL PROPERTY AT 508 SW 6th Avenue Delray Beach, FIL 33444 LOCATED IN THE CITY OF DELRAY BEACH, FLORIDA. LEGAL DESCRIPTION: Lot 12 Block 3, ROSEMONT GARDENS, Plat Book 29, Page 101 PID#12-43-46-20-31-003-0120 KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the Owner to the Contractor under the Contract and duly approved Change Orders and modifications the balance of$ 2. The undersigned further certifies that all work required under this Contract including work required under Change Order Number has been performed in accordance with the terms thereof, and that there are no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract. 3. That in consideration of the payment of the amount stated in paragraph 1 hereof, the undersigned does hereby release the Owner from any and all claims arising under or as authorized by this Contract and duly approved Change Orders. IN WITNESS WHEREOF, the undersigned has signed this instrument this day of , 201_. Affiant further states that the matters and things stated therein are, to the best of his/her knowledge and belief, true. Contractor Signature STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, this day of , 201_by who personally appeared (known) to me or who produced # as identification and who did (did not) take an oath. Signature of Person taking Acknowledgement Stamp &Serial No. Name (Type/Print or Stamp) Notary SEAL - 2 - WARRANTY FOR REHABILITATION Reference is made to Section 129 and 130 of General Conditions as incorporated into and made part of our Contract dated for the rehabilitation of your property at: 508 SW 6th Avenue Delray Beach, FIL 33444. As required thereby in connection with the performance of work under the Contract, you are advised that I warrant that all materials, fixtures and equipment furnished by me and my subcontractors were new and of good quality and of good title. Should any defects appear within a year from the date of the final acceptance which occurred on , and should such defects be caused by faulty materials, fixtures, equipment or work, I shall promptly remedy these defects and pay for any damage to other work resulting therefrom. It is requested that you give notice to observed defects with reasonable promptness. A separate guaranty is being furnished for each of those facilities specified to be guaranteed in the General Conditions. Contractor Signature Contractor Firm Name Date MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: May 19, 2015 SUBJECT: AGENDA ITEM 7.F.-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 SCHOOL READINESS CHILD CARE PROVIDER AGREEMENUEARLY LEARNING COALITION OF PALM BEACH COUNTY,INC. BACKGROUND The attached Agreements are between the Early Learning Coalition of Palm Beach County, Inc. and City of Delray Beach to continue reimbursable funding through the School Readiness Program for the Afterschool Program located at Pompey Park and Community Center. The term of the agreements is July 1, 2015 through June 30, 2016. The agreements continue to provide reimbursable funding through the School Readiness program for the afterschool and summer camp programs. Children enrolled through the program will be funded at a reimbursable rate (less the applicable parent fee) to the City at $10.44/child/Part-time day and$12.50/full-time day. The City of Delray Beach Parks and Recreation Department, in conjunction with the Early Learning Coalition through the School Readiness Program, provides and Out of School Youth Program for children ages 5 to 12, with a supervised, Structured program of traditional and non-traditional recreational and sporting activities, and homework assistance from certified teachers. The program targets "latchkey" children in the community without adult supervision during after school and summer vacation hours. The Out of School Program is a 12 month program and includes: Afterschool Program, Day and 1/2 Day camps, and Holiday, Spring, and Summer camps. Some of the programs offered are homework assistance, reading, swimming, tennis, trips to museums, cooking classes, Cub Scout program, etc. The City has been providing the Out of School Program since 1997 (18 years) and Summer Camp for over 30 years. During these years the enrollment has been 100-120 per site. Due to the Department of Health requirements we are unable to increase participation above the max allowed. The City staffs the program with I full-time all year and 15 part-time during the afterschool program and 18 part-time during the summer. The Out of School Program gives children the opportunity to experience a safe, educational and recreational environment. Based on City funding it cost$2,247/child for a full year. DISCUSSION Request City Commission approval of the Agreements between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach to continue reimbursable funding through the School Readiness program for the Out of School Programs located at Pompey Park and Community Center. TIMING OF THE REQUEST This item is time sensitive due to the electronic submittal date of June 18, 2015. Early Learning Coalition has extended our due date to accommodate the June 16, 2015 Commission Meeting. RECOMMENDATION Staff recommends Commission approval of the School Readiness Program Agreement. STATE OF FLORIDA EWIDE SCHOOL READINESS PROVIDER CONTRACT FORM OEL-SR 20 1. PARTIES AND TERMS OF CONTRACT 1. Parties. This Contract is made and entered into this 1 st day of July - 2015 by and between the Early Learning Coalition of Palm Beach County, Inc. (herein referred to as "COALITION"), and Delray Beach Community Center owned by Cib(herein referred to as "PROVIDEW'), with its principal offices located at 50 N.W. I st Avenue, Delray Beach, Florida 33444 a. Multiple Public School Locations. If PROVIDER is a school district executing a single Contract on behalf of multiple public school School Readiness (SR) program providers, a list of their names and their physical addresses are included in Exhibit 1: Provider Location List. Thereafter, PROVIDER shall include each location listed in Exhibit 1. b. Multiple Private Locations. If PROVIDER is executing a single Contract on behalf of multiple private SR provider sites within COALITION's service area, a list of their names and their physical addresses are included in Exhibit 1: Provider Location List. Thereafter, PROVIDER shall include each location listed in Exhibit 1. c. Employer Identification Number. Insert PROVIDER's EIN here: If PROVIDER does not have an EIN, PROVIDER must insert PROVIDER's Social Security Number(SSN)here . PROVIDER's EIN or SSN is requested in accordance with sections (ss.) I I 9.071(5)(a)2. and 119.092, F.S., for use in the records and data systems of the Office of Early Learning and COALITION. Submission of PROVIDER's EIN or SSN is mandatory. PROVIDER's EIN or SSN will be used for processing payments to PROVIDER as an SR provider, for reporting those payments for federal tax purposes, and for routine identification. If PROVIDER completes Exhibit I listing multiple locations with multiple EIN numbers, this paragraph may be left blank. 2. Purpose. This Contract is designed to inform PROVIDER of the requirements of participation in the SR Program. Payment is not conveyed to PROVIDER through this Contract. PROVIDER must agree to comply with the terms and conditions of this Contract in order to be eligible to participate in the SR program. This contract is to engage an eligible provider to provide SR services to eligible SR children. 3. Term. This Contract begins on July 1 St of the fiscal year(20_1 5 or on the date on which the Contract is signed by the last party required to sign the Contract, whichever occurs last, and the Contract ends on (COALITION select one) Z June 30"' of the fiscal year 20 16 'or F-1 the last day of the month twelve (12) months after the effective date of the contract as indicated herein. 4. Payment Limitations. PROVIDER will not receive nor be entitled to payment for SR program services performed before this Contract is ftilly executed by both parties or after expiration of the Contract- Forrn OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page I of 25 5. Applicable Law. PROVIDER and COALITION agree that the following, including any revision made after the execution of this Contract, are the provisions governing the SR program and that PROVIDER and COALITION will be bound bv the same: 42 U.S.C. §9858,et seq.; 45 C.F.R. §98; 45 C.F.R. �99: Chapter 1002, Florida Statutes; Chapter 6M-4, Florida Administrative Code; and Chapter 6M-9, Florida Administrative Code. 6. Not Transferrable. This Contract is not transferrable or assignable to another entity, corporation, or owner without the prior written approval of the COALITION. A change in corporate ownership shall be deemed a transfer. Failure to obtain the prior written approval of COALITION shall be considered an immediate and serious danger to the health, safety, or welfare of children, which is grounds for emergency termination of this Contract as described in paragraph 58. This Contract binds the successors. assians. and legal representatives of PROVIDER and of any legal entity that succeeds to the obligations of the State of Florida, Office of EarIv Lcamin2. and COALITION. II.PROVIDER ELIGIBILITY 7. General Elioibilitv a. Provider Type. To be eligible to deliver the school readiness program, PROVIDER must be one of the provider types identified in section (s.) 1002.88(l)(a), F.S., listed below. Check the box to indicate PROVIDER's tvpe: Fj A child care facility licensed under s. 402.305, F.S. (Form OEL-SR 20L is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) F] A family day care home licensed or registered under s. 402.313, F.S. (Form OEL-SR 20L is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) F] A large family child care home licensed under s. 402.3131, F.S. (Form OEL-SR 20L is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) F-1 A public school or nonpublic school exempt from licensure under s. 402.3025, F.S. (Form OEL-SR 20LE is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) M A faith-based child care provider exempt from licensure under s. 402.316, F.S. (Form OEL-SR 20LE is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) El A before-school or after-school program described in s. 402.305(l)(c), F.S. Form OELSR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610.,F.A.C. Page 2 of 25 ^ For a licensed before-school or after-school program described in s. 1 402.305(t)(c), F.S., Form OEL-SR 20L must be completed as an authorized attachment to this Contract. El For a license exempt or programs that are not required to be licensed as described in Rule 65C-22.008, F.A.C., before-school or after-school program described in s. 402.305(l)(c), F.S., Form OEL-SR 20LE must be completed as an authorized attachment to this Contract. F1 An informal child care provider to the extent authorized in the state's Child Care and Development Fund Plan as approved by the United States Department of Health and Human Services pursuant to 45 C.F.R. s. 98.18. (Form OEL-SR 20FFN is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) b. Eligibility Pursuant to s. 1002.91(5), F.S. PROVIDER represents that PROVIDER, or an owner, officer, or board director thereof, has not been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., within the last five (5) years and is not acting as the beneficial owner for someone who has been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., within the last five (5) years. c. Eligibility Pursuant to s. 1002.91(7),F.S. PROVIDER represents that PROVIDER is not on the United States Department of Agriculture National Disqualified List nor does PROVIDER share an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List. III. PROVIDER RESPONSIBILITTES AND SCOPE OF WORK 8. Child Enrollment. PROVIDER agrees to enroll children for the SR Program only with written authorization from COALITION which will be provided in the form of a child care certificate. PROVIDER also understands that it will not be reimbursed for services provided to a child beyond the service begin and end date identified by COALITION on the child care certificate, or if the child's eligibility is terminated prior to the end date. As described in s. 1002.87(2), F.S., PROVIDER also agrees to serve children enrolled into its SR program according to the services and location established by COALITION on the child care certificate indicating authorized hours of care. In the event that PROVIDER has multiple locations, PROVIDER shall notify and obtain approval in writing from COALITION prior to changing the location where the child shall be served. 9. Child Care. PROVIDER agrees to provide child care to enrolled children at the care level designated by the child care certificate received from the COALITION. Pursuant to 45 C.F.R s. 98.2, child care is defined as the care given to an eligible child by an eligible child care provider. PROVIDER will comply with all applicable state and federal laws, regulations and other standards and requirements in providing child care services under this agreement. 10. Instruction and Activities. In accordance with s. 1002.88(l)(b), F.S., PROVIDER agrees to offer instruction and activities to enhance the age-appropriate progress of each child in attaining the child development standards established by the Florida Early Learning and Developmental Standards: Birth to Five, Form OEL-SR 30, adopted by the Office of Early Learning in Rule Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 3 of 25 6M4.700, F.A.C. PROVIDER agrees to include activities to foster brain development in infants and toddlers; provide an environment that is rich in language and appropriate and child-friendly music and filled with obiects of various colors. shaoes. textures. and sizes to stimulate visual. tactile, auditory, and linguistic senses; and include at least thirty (30) minutes of reading to children each day. 11. General Health and Safety. Provider agrees to provide a healthy and safe environment for children in care pursuant to s. 402.305(5), (6), and (7), F.S., as applicable, and as verified r)ursuant to s. 402.311. F.S. Health and Safety reauirements are specifically addressed in each provider type attachment. 12. Smoke Free Environment. In accordance with Part C of Public Law 107-110 (No Child Left Behind), the "Pro-Children Act of 2001," no child care facility shall permit smoking within any indoor facility (or portion of such facility) operated by PROVIDER, to provide routine child care or early childhood develooment services to children. This does not aDDIV to anv portion of such facility that is used for a private residence. Individuals in violation are subject to a $1,000 fine, administrative comoliance or both. 13. Curriculum. In accordance with s. 1002.88(l)(f), F.S., PROVIDER agrees to use the following state-approved curriculum or curricula in the provision of the SR Program: .Not Awficable edition�or date: Not al2l2licable If PROVIDER is using different curricula at different PROVIDER sites listed in Exhibit 1, PROVIDER must comnlete the column in Exhibit I indicatine the name of the curriculum or curricula being used at each site. If PROVIDER is offering school age programs exclusively, PROVIDER may insert"Not Applicable"in the space provided. 14. Character Development Program. In accordance with s. 1002.88(l)(g), F.S., PROVIDER agrees to implement the following character development program to develop basic values: Not ADDlicable edition or date: Not applicable If PROVIDER is using a different program at different PROVIDER sites listed in Exhibit 1, PROVIDER must comiDlete the column in Exhibit I indicatina the name of the character development program being used at each site. If PROVIDER is offering school age programs exclusively. PROVIDER may insert'Not Applicable" in the space provided. 15. Developmental Screenings. PROVIDER acknowledges that Provider is responsible for conducting developmental screenings for each child aged six weeks to kindenzarten eligibility in accordance with Rule 6M4.720. F.A.C. In accordance with s. 1002.88(l)(h), F.S., PROVIDER must collaborate with COALITION to complete initial screening for each child, aged six weeks to kindergarten eligibility, within forty-five (45) days after the child's first or subsectuent enrollment. to identify a child who may need individualized supports. PROVIDER acknowledges that COALITION is responsible for initiating individualized services, including but not limited to providing referrals, based on child screening results. PROVIDER and COALITION acknowledize that t)ursuant to s. 1002.84(5). F.S.. screening shall not be a requirement of entry into the school readiness program and shall be only given With Darental consent. Subsequent Screenings. PROVIDER acknowledges that Provider is responsible for subsequent screenings. Subsequent screening will be conducted at a minimum, annually in Fonn OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610.F-A.C. Nee 4 of 25 the month of the child's birthday or at time of redetermination in accordance with Rule 6M- 4.720, F.A.C. 16. Prohibited Forms of Discipline. In accordance with s. 1002.88(l)(i), F.S., PROVIDER agrees to implement minimum standards for child discipline practices that are age-appropriate and consistent with the requirements in s. 402.305(12), F.S. Such standards must provide that children not be subjected to discipline that is severe, humiliating or frightening. The discipline must not be associated with food, rest or toileting. Spanking or any other form of physical punishment is prohibited. Children may not be denied active play as a consequence of misbehavior. 17. Child Immunizations and Health Screenings. In accordance with s. 1002-88(1)0), F.S., within thirty(30)calendar days of enrolling a child,PROVIDER agrees to obtain and retain information from the parent regarding the child's age-appropriate immunizations, physical development and other health requirements as indicated on the Student Health Examination form DH 3040 and Florida Certification of Immunization form Part AA, B, or C DH 680 or the Religious Exemption from Immunization form DH 681. 18. Program Operation. In accordance with s. 1002.88(l)(k), F.S., if PROVIDER offers before- school or after-schooi programs, PROVIDER agrees those programs shall meet or exceed the requirements of s. 402.305(5), (6), and (7), F.S. In accordance with s. 1002.88(l)(q), F.S., and as identified in Exhibit 3, PROVIDER agrees to operate on a full-time and part-time basis and provide extended-day and extended-year services to the maximum extent possible without compromising the quality of the program to meet the needs of parents who work. 19. Workers' Compensation and Unemployment Compensation. In accordance with s. 1002.88(l)(n), F.S., PROVIDER agrees to obtain and maintain any required workers' compensation insurance under Chapter 440, F.S., and any required reemployment assistance or unemployment compensation coverage under Chapter 443, F.S. PROVIDER agrees to provide the COALITION with evidence of worker's compensation insurance coverage. 20. Sign-In/Sign-Out Process. PROVIDER agrees to maintain daily attendance documentation, including a documented "sign-in/sign-out" process approved by COALITION and implemented by PROVIDER, and which accurately documents attendance and absences. PROVIDER agrees to retain the attendance documentation in accordance with COALITION's records retention requirement established in accordance with s. 1002.84(l 0), F.S. 21. Child Absences. In accordance with s. 1002.87(8), F.S., PROVIDER agrees to notify COALITION in writing if a child enrolled is absent for five (5) consecutive days with no contact from the parent by the close of the fifth (5h) day. In accordance with ss. 1002.81(5) and 1002.87(7), F.S., if the need for care cannot be re-established, then the COALITION will notify the PROVIDER and the parent that school readiness funding will be discontinued. The end of eligibility for funded child care services will be fourteen (14) days from the fifth (5 th) day that the child was not in attendance with no contact from the parent. 22. Rilya Wilson Act and At-Risk Children. In accordance with s. 1002.87(9), F.S., PROVIDER agrees to abide by the provisions of the "Rilya Wilson Act" (s. 39.604, F.S.) for each at-risk child under the age of school entry who is enrolled in the school readiness program. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M4.610,F.A.C. Page 5 of 25 23. Parental Choice. PROVIDER agrees that the parent has the right to choose the provider of child care services for his/her children. In the event the parent chooses to change to a different SR PROVIDER, it is within the parent's rights to do so, except as limited by s. 1002.84(8), F.S., as described in paragraph 46.c. 24. Parental Access. PROVIDER agrees to afford authorized parents unlimited access to their children in SR programs, during normal hours of provider operation and whenever the children are in the care of the provider. Access may be subject to appropriate safety procedures. 25. Statewide Information System. PROVIDER agrees to utilize the statewide information system as referenced in s. 1002.82(2)(n), F.S., as available, to submit information and updates regarding the SR program. 26. Child Care Resource and Referral. PROVIDER agrees to participate in the annual update process coordinated by each Child Care Resource and Referral agency as described in Rule 6M- 9.300(5) and (6), F.A.C. 27. Direct Deposit. PROVIDER agrees to provide information necessary to facilitate direct deposit in order to receive SR reimbursement for services rendered. PROVIDER agrees to provide alternative reimbursement arrangements if PROVIDER chooses to opt out of Direct Deposit. 28. Deliverables Deliverable Tasks and Activities Due Date Payment 1. One month of Child enrollment activities per Monthly Per the level of service: child care services the requirements in section I I I established by the child care certificate Instruction and activities per provided to the the requirements in section I I I PROVIDER by the Health and safety activities per COALITION; at the the requirements in section III rates specified in Exhibit 3: Provider Use of curriculum per the Reimbursement Rates; requirements in section III and documented through an approved Character development monthly attendance activities per the requirements report in section III 2. Monthly Monthly attendance report Monthly by the N/A attendance report submitted by the PROVIDER day indicated in to the COALITION per the section VI I requirements in section VII 3. Proof of If applicable: N/A Developmental Screening Applies to providers Developmental screenings for Within 45 days responsible for each child aged six weeks to after the child's Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610.F.A.C. Paee 6 of 25 Deliverable Tasks and Activities Due Date Payment developmental kindergarten eligibility per the first or screening as indicated requirements in section 111. subsequent in section I I I enrollment Proof of Subsequent screenings Annually Developmental conducted annually in month Screening(continued) of child's birthday. PROVIDER shall submit the Within thrity(30) child's screening results to the calendar days of COALITION completion of screening Enter the data into an Within sixty(60) electronic system calendar days after screening PROVIDER shall provide in writing the screening results for each child to the child's parent. IV. COALITION RESPONSIBILITIES 29. Training and Technical Assistance. COALITION will notify PROVIDER of the availability of training, technical assistance, and other targeted assistance in support of the provision of quality SR services. 30. Developmental and Subsequent Screenings. Applicable if PROVIDER is responsible for Developmental Screenings and Subsequent Screenings as indicated in paragraph 15. COALITION shall give notification to PROVIDER a minimum of thirty (30) calendar days prior to the date the child must be screened. COALITION will have staff persons available to explain screening results if required by a parent. 31. Child Eligibility. COALITION has ultimate responsibility for determining the eligibility of children enrolling in the SR program. COALITION will issue forms that make up a child care certificate (also known as a payment certificate), as described in s. 1002.82(6)(b) and (c), F.S.,to the parent of each eligible child who enrolls in the SR program. 32. Limitations on Authority. COALITION may not impose any requirement on PROVIDER that exceeds the authority provided under Chapter 1002, F.S., or rules adopted pursuant to Chapter 1002, F.S.; or require PROVIDER to administer a preasscssment or postassessment. 33. Monitoring. COALITION will monitor PROVIDER for compliance with this Contract and the provisions governing the SR program listed in paragraph 5., in accordance with s. 1002.85(2)(h), F.S. PROVIDER will be monitored in accordance with the COALITION monitoring plan, or in response to a parental complaint. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 7 of 25 V. ACCESS 34. Physical Access. PROVIDER agrees to allow the Office of Early Learning and COALITION staff or sub-contractors immediate access to the facilities and spaces used to offer the SR Program during normal business hours, except as otherwise restricted by government facilities. 35. Records Access. PROVIDER agrees to allow COALITION staff or sub-contractors and the Office of Early Learning to inspect and copy records pertaining to the SR Program during normal business hours and upon request by COALITION or the Office of Early Leaming. Records that are stored off-site shall be provided within seventy-two (72) hours. VU. MAINTENANCE OF RECORDS,DATA, AND CONFIDENTIALITY 36. Record Confidentiality. PROVIDER agrees to protect the confidentiality of child and family information. PROVIDER agrees to have all staff complete confidentiality agreements and have processes in place to protect the privacy of child and family information. Confidentiality agreements will be maintained by the PROVIDER and provided to the COALITION upon request. Information associated with the SR Program shall only be made available in accordance with the restrictions of s. 1002-97, F.S. For the purposes of records of children enrolled in the SR Program, this Contract is considered an interagency agreement for the purpose of implementing the SR Program as described in s. 1002.97(3)(g), F.S. Accordingly, to the extent that PROVIDER receives school readiness records in order to carry out its official functions, PROVIDER must maintain and protect the data as required in s. 1002.97, F.S., and as explained below. Individuals and organizations eligible to receive records include PROVIDER, the parent, COALITION, Office of Early Learning, and other entities identified in s. 1002.97, F.S. 37. Record Maintenance. PROVIDER agrees to maintain records, including sign in and sign out documentation, enrollment and attendance certification, documentation to support excused absences and proof of parent co-payments for children ftinded by the SR program. The records must be maintained for audit purposes for a period of five (5) years from the date of the last reimbursement request for that fiscal year or until the resolution of any audit findings or any litigation related to this Contract, whichever occurs last. PROVIDER may maintain records in an electronic medium and if the PROVIDER does so, then the PROVIDER shall back up records on a regular basis to safeguard against loss. 38. Record Transfer on Termination. In the event that PROVIDER permanently ceases to offer the SR program before the conclusion of the retention period for SR records as described in paragraph 37, whether as a result of unilateral or mutual termination of PROVIDER's eligibility to offer the SR program or as a result of PROVIDER ceasing to do business, PROVIDER shall transfer all SR records required to be maintained under paragraph 37. to COALITION no later than the close of business on the day PROVIDER ceases to offer the SR program. V11. COMPENSATION and FUNDING 39. Method of Payment. PROVIDER reimbursement for eligible children will be based on the child care certificate (also known as a payment certificate) issued by COALITION and presented by a parent, and through the use of the procedures outlined herein. 40. Reimbursement Rates Established. PROVIDER agrees to provide documentation of its published private child care rates included in Exhibit 3. PROVIDER agrees to accept the Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 8 of 25 approved PROVIDER reimbursement rate which is the lesser of the COALITION maximum reimbursement rate established by COALITION and approved by Office of Early Leaming, identified in Exhibit 3. PROVIDER is paid based on budget availability, at the approved PROVIDER reimbursement rate less any parent co-payments assessed by COALITION as reflected on the child care certificate. 41. Gold Seal Rate. PROVIDER agrees to provide documentation of its Gold Seal Quality Designation. Gold Seal providers shall receive the Gold Seal rate identified in Exhibit 3 for all care levels which have received a Gold Seal Quality Designation. 42. Special Needs Rate. PROVIDER will receive a special needs rate identified in Exhibit 3 when providing services to a child with an identified special need, A special need child is defined as a child who has been determined eligible as a child with a disability in accordance with Chapter 6A-6, F.A.C., and is participating in a program for children with disabilities provided by the school district or a child who has an individualized educational plan (IEP) or family support plan (FSP). 43. Rate Changes and Limitations. PROVIDER agrees to report any changes in its published child care rates or its Gold Seal status, if applicable. PROVIDER acknowledges that COALITION is prohibited from making payments, inclusive of Gold Seal or special needs rate differentials, which would cumulatively exceed PROVIDER's private payment rate. In the event that any information submitted by PROVIDER in Exhibit 3 changes, PROVIDER must notify COALITION in writing of the change no later than close of business on the day of the change. COALITION may amend PROVIDER's reimbursement rate based on the information submitted by PROVIDER or any of the factors identified in this paragraph. COALITION must notify PROVIDER, in writing, of any change in reimbursement rate at least thirty (30) calendar days before the change is implemented. 44. Rates and Fees for Parents. PROVIDER acknowledges that it is prohibited from charging parents receiving SR services a higher rate than that charged to private pay parents. In addition to the parent co-payment assessed by COALITION, PROVIDER must provide the parent with a list of any fees it charges and, if applicable, written notice of the difference between the private pay rate and SR reimbursement, prior to the parent enrolling his/her child in PROVIDER's SR program. PROVIDER is prohibited from charging any fees other than the parent co-payment or those fees provided to the parent on the fee list described above. 45. Military Subsidies. PROVIDER agrees that it will notify COALITION if it receives military subsidy payments through or from the Child Care Aware of America'o (formally NACCRRA) or any legal successor organizations, on behalf of any child enrolled in PROVIDER's SR program. PROVIDER understands that its SR reimbursement rate may be changed as a result of receipt of such military subsidy payments. If PROVIDER fails to report receipt of such military subsidy payments, PROVIDER will be subject to fraud investigation for violation of the requirements of the SR program. 46. Co-payment As required by s. 1002.84(8), F.S., and Rule 6M-4.401, F.A.C., PROVIDER shall collect the assessed parent co-payment in accordance with Rule 6M-4.400, F.A.C., from the parent. a. Co-payment Amount. The amount of the co-payment which must be collected for each child is included on his or her child care certificate. In the event that an assessed parent co- Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M4610,F.A.C. Page 9 of 25 payment is changed by COALITION, COALITION will send the PROVIDER written notice of the change. Only co-payment changes from the COALITION are valid. b. Co-payment Assessment and Collection. Assessed parent co-payments are automatically deducted from PROVIDER's monthly reimbursement. PROVIDER is required to collect parent co-payments. c. Co-payment Documentation. PROVIDER must give the parent a receipt for each co- payment made by the parent and retain receipt records for all child care co-payments. Upon request, PROVIDER shall provide a current accounting and copy of co-payment receipt records to the COALITON. COALITION will use this documentation to ensure parents who transfer their children to another child care provider have met their co-payment obligations before receiving additional school readiness services. 47. Holiday Schedule. PROVIDER agrees to follow the holiday schedule approved by COALITION for PROVIDER's program,which includes Twelve (12) days per year as set forth in Exhibit 4: Holiday Schedule and understands that these are the only holidays for which PROVIDER will receive reimbursement. Pursuant to Rule 6M-4.500, F.A.C., reimbursement may be made for up to twelve(12) recognized holidays per year. 48. Attendance Documentation Submission. PROVIDER agrees to submit monthly attendance reports for payment. PROVIDER agrees to submit all required attendance records to COALITION on or before the third (3d) business day of each month. If the due date falls on a holiday, PROVIDER agrees to submit all required attendance records to COALITION on the preceding business day. Records submitted late will be processed and paid in the next open payment cycle. 49. Reimbursement Summary Review. PROVIDER agrees to review the reimbursement summary provided with the monthly reimbursement statement. PROVIDER agrees to report to COALITION any discrepancy, overpayment, or underpayment within sixty (60) calendar days of transmission of the reimbursement summary. 50. Emergency Temporary Closure. PROVIDER agrees all requests for compensation for temporary closures beyond PROVIDER's control will be handled in accordance with Rule 6M- 4.501, F.A.C. 51. Disallowed Costs. Any disallowed expenditure may be deducted from any future reimbursement. PROVIDER agrees to return to COALITION any funds received as a result of error or overpayment or disallowed cost. If PROVIDER ceases to offer the SR Program before the payment is fully recovered, PROVIDER agrees to return the funds it was overpaid. If PROVIDER fails to return the funds it was overpaid, PROVIDER shall be subject to collection efforts and/or funds may be obtained from other early learning programs. PROVIDER shall have an opportunity to substantiate or appeal the decision of a questioned or disallowed cost. Any unresolved questioned costs may become disallowed costs. 52. Head Start Agencies. If PROVIDER is a Head Start Agency, PROVIDER understands that, in accordance with federal law, PROVIDER's Head Start programs must be"in addition to, and not in substitution for, comparable services previously provided without Federal assistance." (42 U.S.C., s. 9835(c)) Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4,610,F.A-C. Page 10 of 25 53. Title 20 Schools. If PROVIDER receives federal funds under Title 20, United States Code, ss. 6311-6322, PROVIDER understands that, in accordance with federal law, PROVIDER may use "Federal funds to supplement, [but] not [to] supplant non-Federal funds." (20 U.S.C., s. 6314(a)(3)(13)) VIII. FINANCIAL CONSEQUENCES 54. As a result of PROVIDER's failure to provide the minimum level of services required by this Contract, COALITION shall temporarily withhold reimbursement, disallow all or part of services not in compliance with the terms of this contract or terminate the contract. IX NONDISCRIMINATION 55. Discrimination Prohibited. PROVIDER agrees not to discriminate against children, families and staff on the basis of race, national origin, ethnic background, sex, religious affiliation, or disability. PROVIDER will comply with the terms of 45 C.F.R. §98.47 regarding non- discrimination against staff persons on the basis of religion. X.NONCOMPLIANCE,PROBATION AND TERMINATION 56. Noncompliance Determination. a. Corrective Action Notice. If COALITION determines PROVIDER has failed to comply with the provisions governing the SR program as described in paragraph 5. or the requirements of this Contract, and COALITION concludes that corrective action will resolve the failure to comply, COALITION must notify PROVIDER in writing. ("Corrective action" means implementation of specific action(s) designed to correct the failure to meet a specific requirement.) The notice must identify the specific requirement(s) which PROVIDER failed to meet and describe how PROVIDER failed to meet each requirement. In addition, the notice must provide a detailed description of any required corrective action and set a deadline for completion of the corrective action. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. Upon determining that the PROVIDER has satisfactorily completed the corrective action, the COALITION shall notify the PROVIDER in writing. b. Probation. If COALITION concludes that PROVIDER has received a corrective action notice for the same violation two or more times or have had multiple corrective action plans within the contract year or if the corrective action plan is not completed within the prescribed timelines, PROVIDER shall be placed on probation for a period up to six (6) months. Probation may include one or more of the following conditions: training or staff development, monitoring or technical assistance by COALITION or submission of documentation related to the violation. COALITION must notify PROVIDER in writing of the terms and duration of the probation, including required timelines. The terms of the probation must correlate to the basis of the corrective action. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page I I of 25 57. Termination for Cause. a. Basis of Termination for Cause. PROVIDER agrees that COALITION has the right to terminate this Contract for cause at any time. The following are grounds for termination for cause: (a) Action, or lack of action, which threatens the health, safety or welfare of children; (b) The material failure to comply with the terms of this Contract, including, but not limited to, failure to implement corrective action or comply with the terms of probation as described in paragraph 56 above; (c) The refusal to accept any notice described under this Contract which COALITION is required to send to PROVIDER; or (d) Reasonable or probable cause for COALITION to suspect that fraud has been committed by PROVIDER as described in paragraph 63. b. Notice of Termination for Cause. In order to terminate PROVIDER for cause, COALITION must send a written notice of termination for cause to PROVIDER. Such notice must be sent, with proof of delivery, at least five (5) business days before termination. The notice must state the date of, and the specific basis for, termination. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. Notwithstanding PROVIDER's refusal of delivery of the notice, this Contract shall be terminated on the date identified in the notice. COALITION shall document any refusal of delivery. 58. Emergency Termination. COALITION must immediately terminate this Contract on an emergency basis upon notification by the Department of Children and Families (DCF) or local licensing agency that actions or inactions of a PROVIDER pose an immediate and serious danger to the health, safety, or welfare of children. COALITION will terminate this Contract on an emergency basis by sending PROVIDER written notice of emergency termination at least twenty-four(24)hours prior to termination. The written notice must specifically state the basis of COALITION's determination. Finally, the notice must state that PROVIDER may request a review of the deten-nination as described in paragraph 64. 59. Revocation of Eligibility. In accordance with s. 1002.88(2), F.S., if PROVIDER's Contract is terminated under paragraph 56., 57., or 58., COALITION may revoke PROVIDER's eligibility to deliver the school readiness program for a period of five (5) years. In determining whether to revoke PROVIDER'S eligibility, the COALITION shall consider the following factors: the severity of the PROVIDER'S actions leading to the termination of the contract,the health, safety and welfare of children enrolled at the PROVIDER, the financial impact of the PROVIDER'S actions, the impact that the revocation would have upon the local community, consistency with COALITION'S actions against other PROVIDERS for similar violations of the Contract or program requirements, the length of time that PROVIDER provided services under contract with the COALITION, and whether the PROVIDER had previously violated there terms of this Contract and prior contracts with the COALITION. COALITION shall provide notice of its intent to revoke PROVIDER'S eligibility at the same time that it provides written notice of intent to terminate the contract to PROVIDER. 60. Termination of Contract by Provider. PROVIDER and COALITION may agree to terminate this Contract by mutual consent or PROVIDER may unilaterally terminate this Contract at will. Written notice of termination must be given and alternative arrangements for uninterrupted services shall be made at least thirty (30) calendar days before the termination date for children FotTn OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 12 of 25 served under this Contract. If sufficient notice of termination is not provided, COALITION may refuse to issue the final reimbursement payment to PROVIDER. 61. Legislative Appropriation. Any obligation for payment under this Contract is contingent upon an appropriation by the Florida Legislature. If funds required to finance this Contract are unavailable, COALITION shall terminate this Contract after providing written notice, with proof of delivery, at least twenty-four (24) hours before termination of this Contract. In the event of termination of this Contract under this paragraph, PROVIDER shall be paid for the documented SR hours completed prior to termination of this Contract. 62. Eligible Child Care Provider. In order to receive state or federal funds under this Contract, PROVIDER must be an eligible child care provider as defined under 45 C.F.R. §98.2. Failure to maintain status as an eligible child care provider shall be considered an immediate and serious danger to the health, safety, or welfare of children, which is grounds for emergency termination of this Contract as described in paragraph 58. PROVIDER certifies that each location at which PROVIDER offers the SR program is an eligible child care provider. PROVIDER agrees to notify COALITION immediately if it ceases to be an eligible child care provider. 63. Fraud. a. Anti-Fraud Plan. PROVIDER agrees to comply with the anti-fraud plan established by COALITION in accordance with s. 1002.91, F.S. b. Payment Certificate Fraud Investigation. In accordance with s. 1002.82(6)(d), F.S., if it is determined that PROVIDER has given any cash or other consideration to the beneficiary in return for receiving a payment certificate, COALITION or its fiscal agent shall refer the matter to the Department of Financial Services pursuant to s. 414.411, F�S., for investigation. c. Suspension for Suspected Fraud. In accordance with s. 1002.91(4),F.S., COALITION may suspend or terminate PROVIDER from participation in the school readiness program when it has reasonable cause to believe that PROVIDER has committed fraud. PROVIDER may request a review of COALITION's determination to suspend PROVIDER as described in paragraph 64. If suspended, PROVIDER shall remain suspended until the completion of any investigation by the Office of Early Learning, the Department of Financial Services, or any other state or federal agency, and any subsequent prosecution or other legal proceeding. d. Termination for Fraud. In accordance with s. 1002.91(5),F.S., if PROVIDER, or an owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., or is acting as the beneficial owner for someone who has been convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., the COALITION shall refrain from contracting with, or using the services of, PROVIDER for a period of five (5) years. In addition, COALITION shall refrain from contracting with, or using the services of, any provider that shares an officer or board director with a provider that is convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. for a period of five(5) years. e. Termination for National Disqualification. In accordance with s. 1002.9](7), F.S,, if PROVIDER is placed on the United States Department of Agriculture National Disqualified Form 0EL-SR 20(August 2014) Statemide School Readiness Provider Contract 6m-4,610,F.A.C. Page 13 of 25 List, COALITION must terminate this Contract for cause. In addition, if PROVIDER shares an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List, COALITION must terminate this Contract for cause. 64. Due Process Procedures. PROVIDER may request a review of determinations made by COALITION under this Contract. Reviews will be conducted in accordance with Exhibit 5: Due Process Procedures. While a request for a review is being examined, PROVIDER is not required to implement corrective action. In accordance with s. 1002.82(2)(m), F.S., PROVIDER may not offer any School Readiness services while a request for a review regarding termination of PROVIDER's School Readiness Contract is being examined. 65. Severability of Provider Location. If PROVIDER has executed this Contract on behalf of multiple locations and one or more of the locations is tenninated pursuant to Section X of this Contract, then in lieu of re-executing a new contract for the remaining locations, COALITION may modify Exhibit I to indicate which location(s) previously part of this Contract has been removed by striking through the location(s), initialing and dating in the "official use only" column. COALITION shall provide a copy of the revised Exhibit I showing any stricken locations to the PROVIDER. This Contract shall remain in full force and effect as to all other locations on Exhibit I which have not been stricken. 66. Litigation and Venue. In the event that PROVIDER believes that this Contract has been inappropriately terminated, or in the event of a breach of this Contract, any available remedies may be pursued in a court of competent jurisdiction. COALITION and PROVIDER agree that any litigation related to this Contract which is brought by COALITION or PROVIDER will be brought in a county within COALITION's geographical service area. XI. NOTIFICATION 67. Information Change Notification. PROVIDER agrees to report any changes in contact or program information within fourteen (14) calendar days or temporary emergency closings of the SR program within two (2) calendar days. Permanent business closings or changes in business location or ownership must be reported at least thirty (30) calendar days prior to changes. PROVIDER agrees to provide program and business information annually for inclusion in the Child Care Resource and Referral Network and is responsible for ensuring that COALITION has up-to-date business and contact(including emergency contact) information. 68. Unusual Incident Notification. PROVIDER agrees to report unusual incidents to COALITION by no later than the close of business on the next business day of the unusual incident and to submit a written report to COALITION within three (3) business days from the date of the incident. For licensed providers, sending a copy of the incident report submitted for DCF to COALITION shall constitute compliance with this paragraph. An unusual incident is any significant event involving the health and safety of children under PROVIDER's care. Examples of unusual incidents include: accusations of abuse or neglect against PROVIDER or PROVIDER's staff, the injury of a child which requires professional medical attention at PROVIDER's site or written notification from the child's parent that the child received professional medical attention; and when PROVIDER receives notice of litigation where PROVIDER is narned party or defendant and which relates to the PROVIDERs operation at any location at which SR services are being provided. 69. Notification of Disqualification or Public Assistance Fraud. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A-C. Page 14 of 25 a. PROVIDER shall notify COALITION within five (5) calendar days if the PROVIDER is placed on the United States Department of Agriculture National Disqualified List, or if PROVIDER shares an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List. b. PROVIDER shall notify COALITION within five (5) calendar days if PROVIDER, or an owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., or is acting as the beneficial owner for someone who has been convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. 70. Contact Persons. a. Coalition Contact. The representative for COALITION for the purposes of this Contract is Provider Services Manager - who can be contacted at 561-214-8000 or by email at Provicier.Services@elcpaimbeach.org b. Provider Contact.The representative for PROVIDER for the purposes of this Contract is Tonya Smith who can be contacted at 561-243-7249 or by email at smithtc@mydelraybeach.com c. Contact Change. In the event that either party designates different representatives after execution of this Contract, notice of the name and contact information of the new representative will be rendered in writing to the other party within ten (10) calendar days of change. XII. INDEMNIFICATION 71. PROVIDER shall be fully liable for and indemnify, defend and hold harmless COALITION, the Office of Early Learning and all of their officers, directors, agents, contractors, subcontractors and employees from and against any and all third-party claims, suits, actions, damages, judgments and costs that arise whether in law or in equity, from any of the PROVIDER's agents, subcontractors or employees' acts, actions, neglect or omission during the performance or operations under this Contract or any subsequent modification thereof. This includes attorney's fees and costs. This indemnification holds whether liability is direct or indirect and whether damage is to any person or real or personal tangible or intangible property. If PROVIDER is a state agency, public school or school district, this paragraph is limited to the extent required by s. 768.28,F.S. XIII. SEVERABILITY 72. If any provision of this Contract is held to be unenforceable by a court of competent jurisdiction, the remaining terms and conditions remain in full force and effect. XIV. NO AMENDMENTS 73. No attachments,amendments,or supplements to this Contract are authorized or permitted, except those specifically incorporated by reference in this form, including Exhibit 1: Provider Location List; Exhibit 2: Required Documentation; Exhibit 3: Provider Reimbursement Rates; Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610.F.A.C. Page 15 of 25 Exhibit 4: Holiday Schedule; Exhibit 5: Due Process Procedures; and Form OEL-SR 20L, Form OEL-SR 20LE,or Form OEL-SR 20FFN, as described in paragraph 7. (Remainder of this page intentionally left blank.) Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610.F.A.C. Page 16 of 25 XIV. EXECUTION OF CONTRACT In accordance with s. 1002.88(l)(p), F.S., PROVIDER has caused this Contract to be executed as of the date set forth in Paragraph 1. By signing below, PROVIDER hereby certifies that PROVIDER has read and understood this Contract. PROVIDER certifies that all information provided is true and correct and agrees that noncompliance with the requirements of the School Readiness program including, but not limited to the requirements of this Contract, and all Exhibits and authorized attachments, shall result in corrective action, withholding of funds, or termination of this Contract at the discretion of COALITION, in accordance with Section X. Warranty of Authority. Each person signing this contract warrants that he or she is duly authorized to do so and to bind the respective party to the contract. Cary D. Glickstein Signature of President/Vice President/ Print Name Secretary/OfTicer/Owner/PrincipaUor Other Authorized Representative n By Electronic Signature City of Delray Beach, Florida , Mayor Title Date Noel Pfeffer Provider's Additional Signatory (If required by Print Name the Provider) E] By Electronic Signature City of Delray Beach, Florida , Attorney Title Date COALITION has caused this Contract to be executed as of the date set forth in paragraph 1. Signature of Authorized Coalition Representative Print Name F-1 By Electronic Signature Title Date Foffn OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4-610.F.A.C. Pave 17 of 25 Exhibit 1: Provider Location List Provider Name; Delray Beach Community Center owned by Q If PROVIDER is executing this Contract on behalf of one physical location, mark this Exhibit "Not Applicable" in the box below. Z Not Applicable. If PROVIDER is a school district executing a single Contract on behalf of multiple public school School Readiness (SR) program providers, enter each name and physical location in the table below. If PROVIDER is executing a single Contract on behalf of multiple private SR sites within COALITION's service area, enter each name and physical location in the table below. If PROVIDER is using a different curriculum or curricula at various sites, enter the name of the curriculum or curricula used at each site. Identify the character development Program used at each site, if character development is included in the curriculum or curricula indicate as"included." Note: PROVIDER may use multiple Exhibit I to list all locations that are included under this contract. If COALITION determines a physical location to be ineligible to offer the SR program, COALITION will strike through the name and location in the table below and initial and date in the column titled "Official Use Only" and send a copy of this Exhibit to PROVIDER. Location Number Location Name Physical Address Curriculum Official Use (DCF/FEIN (Date/Edition) Only Number) Cbaracter Development (Date/Edifion) 2. 3. 4. 5. 6. 7. L- Form OEL-SR 20(August 2014) Statewide Schoo I Readiness Provider Contract 6M-4,610.F.A.C. Paee 18 of 25 Exhibit 2: Required Documentation Provider Name: Delray Beach Community Center owned by City of Delray Beach PROVIDER must mark the appropriate box in each section or subsection below. In addition, if PROVIDER is executing this Contract on behalf of multiple public schools or private provider sites, PROVIDER must mark the documentation with the corresponding Location Number from Exhibit 1. 1. Private Child Care Rates FXJ PROVIDER has provided a copy of its private child care rate information to COALITION with this Contract. 2. Gold Sea! Rates PROVIDER has provided a copy of documentation related to its Gold Seal status, if applicable,to COALITION with this Contract. PROVIDER does not possess a Gold Seal Quality Care Designation. 3. Documentation of Eligible Child Care Provider Private SR Providers M PROVIDER has provided a copy of its Certificate of Licensure which includes a DCF identification number. PROVIDER has provided a copy of its Letter of Confirmation which includes a DCF exemption number. PROVIDER certifies that it is not regulated by DCF and therefore does not require documentation from DCF. PROVIDER has provided a copy of its certificate of accreditation. PROVIDER has provided evidence of liability insurance. Public School,Private School, and Charter School SR Providers PROVIDER is a public school and has provided a copy of documentation showing its school district and public school number. PROVIDER is a private school and has provided a copy of its Certificate of Licensure which includes a DCF identification number or a Letter of Confirmation which includes a DCF exemption number. PROVIDER is a charter school and has provided a copy of its charter which includes preschool aged children as a service population and documentation showing its school district and school number. PROVIDER has provided evidence of liability insurance. 4. Specialized Program Type PROVIDER offers the Head Start program. FX� PROVIDER does not offer the Head Start program. 5. FXI IRS W-9 Form (Request for Taxpayer Identification Number). 6. Documentation of signature authority. 7. Current Sunbiz print-out identifying the office, director or authorized person(s).. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4,61O..F-A-C. Page 19 of 25 Exhibit 3: Provider Reimbursement Rates Provider Name: Delray Beach Community Center owned by City of Delray Beach Provider Operational Hours: 2:00pm- 6:00pm PROVIDER must mark the appropriate box below indicating the appropriate provider type. In addition, PROVIDER must mark whether or not it has a Gold Seal Quality Care Designation- Finally, PROVIDER must complete the table below marked "To be completed by PROVIDER." COALITION will complete the remainder of the Exhibit. Does PROVIDER have a Gold Seal Designation? E]Yes XNo PROVIDER's Private Pay Rates (To be Completed by PROVIDER) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) (SPCR) <12 MTH 12<24 24<36 36<48 48<60 60<72 In School Special Needs MTH MTH MTH MTH MTH Full-Time Daily Rates 12-50 12-50 Part-Time Daily Rates 11 .00 11 .00 Before or N/A N/A N/A N/A After School Rates COALITION Maximum Reimbursement Rates (To be Completed by COALITION) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) (SPCR) <12MTH 12<24 24<36 36<48 48<60 60<72 In School Special Needs MTH MTH MTH MTH MTH Full-Time Daily Rates $28.76 $25.25 $20.89 $20.48 $20.27 $20.27 $19.86 $0.00- Full-Time Gold Seal $34-51 $30.29 $25.07 $24.58 $24.32 $24.32 $23-83 $0.00 Daily Rates Part-Time Daily Rates $22.91 $21 .68 $16-62 $16.21 $16.01 $16-01 $10.44 $0.00 Part-Time Gold Seal $27.49 $26.02 $19.94 $19.45 $19.21 $19.21 $12.53 $0.00 Daily Rates Before or N/A NIA N/A N/A After School $16-01 $16-01 $10.44 $0.00 Rates Full-Time N/A N/A N/A N/A N/A N/A N/A VPK Wrap $14.74 Rate F-Part-Time N/A N/A N/A N/A N/A N/A N/A NTPK Wrap $8.00 Rate Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610.F.A.C. Page 20 of 25 Approved PROVIDER Reimbursement Rate* (To be Completed bv COALITION) CARE LEVEL (FNF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) (SPCR) <12 MTH 12<24 24<36 36<48 48<60 60<72 In School Special Needs MTH MTH MTH MTH MTH Full-Time Daily Rates $0.00 $0.00 $0.00 $0.00 $0.00 $12-50 $12.50 $M0 Part-Thine Daily Rates $0.00 %111)"0-00 $0.00 $0.00 $0.00 $11 .00 $10.44 $0.00 Before or N/A N/A N/A N/A After School $0.00 $0.00 $0.00 $0.00 Rates Full-Time N/A N/A N/A N/A N/A N/A N/A VPK Wrap $14.74 Rate Part-Time N/A N/A N/A N/A $8.00 N/A N/A N/A VPK Wrap Rate *Note:Rate PROVIDER will be paid shall not exceed PRO VIDER's Private Pay Ratesfor each category. Effective Date of Rates Established in This Exh[bit 07/01 /2015 Forin OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610.F.A-C. Page 21 of 25 Exhibit 4: Holiday Schedule Provider Name: Delray Beach Community Center owned by City of Delray Beach Holiday Date Obseff-ved �ndependence Day 07/03/20 0115 Labor Day 09/07/2015 Thanksgiving Day 11 /26/2015 Christmas Day 12/25/2015 New Year's Day 01 /01 /2016 Memoria� Day 05/30/2016 Floating Reimbursable Holiday 11 /25/2015 Floating Reimbursable Holiday 11/27/2015 Floating Reimbursable Holiday 12/23/2015 Floating Reimbursable Holiday 12/24/2015 Floating Reimbursable Holiday 12/30/2015 Floating Reimbursable Hoiiday 12/31/2015 If the holiday falls on a Saturday,the holiday is observed on the Friday preceding the holiday. If the holiday falls on a Sunday,the holiday is observed on the Monday following the holiday, Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M.4.610.F.AiC. Page 22 of 25 Exhibit S. Due Process Procedures Provider Name: Delray Beach Community Center owned by City of Delray Beach 1. Purpose of Exhibit. Early Learning Coalitions are responsible for the local implementation of early learning programs funded with state and federal funds, such as the School Readiness Program and Voluntary Prekindergarten Education Program. Providers of such early learning programs may request a review of determinations made by an Early Learning Coalition in accordance with the due process procedures described below. 2. Request for Review Hearing. If a provider disputes any action taken by the Coalition pursuant to the terms of the Statewide School Readiness Provider Contract, the provider may request a review hearing in writing by sending it to the contact person listed in the Coalition's action. A review hearing is a"meeting" for the purposes of the Sunshine Law which is subject to public notice. During a review hearing, the provider will have a reasonable opportunity to address Coalition staff-persons or sub-contractor staff regarding the Coalition's action and to present supporting evidence before a Review Hearing Committee. Provider may have an attorney present at the review hearing to represent or advise the provider. a. Content of Request for Review Hearing. The request for review hearing must state: the name and contact information of an individual authorized to provide information and binding responses on behalf of provider; the specific action by the Coalition that the provider disputes, the specific reasons for the provider's belief; and whether the provider will be represented by an attorney or another individual during the review hearing. b. Request Time. The provider's request for a review hearing must be submitted in writing to the Coalition within five (5) business days of receipt of notice of the determination which the provider believes to be incorrect. c. Supporting Documentation. The provider must send copies of any written documentation supporting the claims of the provider. Examples of relevant documentation may include, but are not limited to, attendance documentation. notarized attestations ftorn parents, documentation from licensing or accrediting bodies, documents demonstrating dates of information submission, and a proposed corrective action plan. 3. Implementation of Review. If the Coalition receives a request for review hearing from the provider, the Coalition must address the request by taking the following steps. a. Assignment of Review Hearing Committee. Within three (3)business days of receipt of a request for review hearing,the Coalition must assign a Review Hearing Committee to complete the review. The Review Hearing Committee must be composed of at least three but no more than five members of the Coalition Board. The Chair of the ELC shall appoint the Review Hearing Committee and shall name the chair of the committee. Three of the members must be a mandatory member as set forth in section 1002.83(4)with at least one provider representative member. b. Response to Request for Review Hearing. Within five (5)business days of receipt of the request for review hearing, the Coalition must respond to the provider in writing, Fom OEL-SR 20(August 2014) Statewide School Readiness Provider Contract, 6M-4.61 0,F.A.C_ Page 23 of 25 return receipt requested. The notice must include at least three (3) proposed dates and times for the review hearing which must be within forty-five (45) days of the date of receint, of the reauest for review hearing. The notice must also state that the review hearing may be conducted in person at a location designated by the Coalition or via any method of telecommunications, as long as the public is given reasonable access to observe and- when &DDroDriate. r)artiCiDate. Finallv. the notice must state whether or not ail of the Coalition staff persons or sub-contractor staff whom the provider wishes to have present during the hearing will be made available. If any individual who the Drovider reauested to have Dresent is not available. the Coalition must make available an individual who is qualified to address the subjects the provider wished the tn wltin-co c. Date and Location SeBection. Within five(5)business days of receipt of the response to a request for review hearing,the provider must inform the Coalition of the date and time which it selects for the review hearing and whether the Drovider will attend the meeting in person or via a method of telecommunication. Within five(5)business days of receipt of the response to a request for review hearing, if the provider is unable to attend anv of the proposed dates and times for the review hearing,the provider must submit written notice which states the specific reasons that provider is unable to attend and must contact the Coalition to select a mutually agreed upon date for the review hearing. If the movider does not inform the Coalition of the date and time within the required time period,then the process is considered complete and the request is rl,,n;PA- d. Conducting the Review Hearing. The Review Hearing Committee shall assess the claim(s) the provider made in its request for review by examining all information and documentation submitted bv the vrovider. The orovider must be given a reasonable opportunity to question Coalition staff-persons or sub-contractor staff regarding the determinations of the Coalition and to present evidence before the Review Hearing Committee. The Coalition will also be provided a reasonable ooportunity to submit evidence to rebut any claims made by the provider. e. Not5ce of Review HearinLy Conclusion. Following completion of the presentation bv the provider and the Coafition, the Review Hearing Committee will vote regardin'9 each of the provider's claims. The Review Hearing Committee must also appoint a Review Hearing Committee member or a Coalition staff person to prelpare a written notice of the review hearing conclusion. (If the notice is developed by a Coalition staff person, the notice must be reviewed by the Review Hearing Committee in a subsequent t)ublic meeting and aDDroved before being sent to the provider.) The written notke must state-the oui�ome of the Review- Hearing Committee's vote regarding each of the provider's claims. In addition, the notice must specifically state the reasons supporting the Review Hearing Committee's conclusions. Finally. if the majority of the Review Hearing Committee determines: i. That no part of the determination made by the Coalition was correct. the notice must state provider is not required to take further action. ii. That any part of the determination made by the Coalition is correct. the notice must identify the portion(s) determined to be correct. As applicable, the notice miust also state* Fonn OEL-SR 20(August 2014) Statewide School Readiness Provider Conttact 6M-4.61O.-F-A-C. Page 24 of 25 A. If corrective action is necessary, that the provider must take corrective action in regard to the part(s) which the Review Hearing Committee determines to be correct: and the revised deadlines for comnletion of the corrective action(s); B. If the orovider's School Readiness Contract or effizibilitv to offer the School Readiness Program will be terminated,the date oftermination. The decision of the Review Hearing Committee is fmal. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4 610. F,A.C- Pape 25 of'2.5 STATE OF FLORIDA STATEWEDY. SCHOOL READINESS PROVIDER CONTRACT FORM OEL-SR 20 1. PARTIES AND TERMS OF CONTRACT L Parties. This Contract is made and entered into this 1st dav of July 92015 by and between the Early Learning Coalition of Palm Beach County, InG. (herein referred to as"COALITION"), and Delrav Beach Pomr)ev Park owned bv Citv of D(herein referred to as "PROVIDER"). with its principal offi�es�cated at 110 1 N.W.2nd Street, Delray Beach,Florida 33444 a. Multiole Public School Locations. If PROVIDER is a school district executine a sinele Contract on behalf of multiple public school School Readiness (SR)program providers, a list of their names and their physical addresses are included in Exhibit 1: Provider Location List. Thereafter, PROVIDER shall include each location listed in Exhibit 1, b. Multiple Private Locations. If PROVIDER is executing a single Contract on behalf of multiple private SR provider sites within COALITION's service area, a list of their narnes and their physical addresses are included in Exhibit 1: Provider Location List. Thereafter. PROVIDER shall include each location listed in Exhibit 1. c. EmiDlover Identification Number. Insert PROVIDER's EIN here: if PROVIDER does not have an EfN, PROVIDER must insert PROVIDER's Social Security Number(SSN)here . PROVIDER's EIN or SSN is requested in accordance with sections (ss.) 119.07](5)(102. and 119.092. F.S.. for use in the records and data systems of the Office of Early Leaming and COALITION. Submission of PROVIDER's EIN or SSN is mandatory. PROVIDER's EIN or SSN will be used for vrocessine Payments to PROVIDER as an SR provider. for reporting those payments for federal tax purposes, and for routine identification. If PROVIDER completes Exhibit I listing multiple locations with multiple EfN numbers,this oara-araph mav be left blank. 2. Purpose. This Contract is designed to inform PROVIDER of the requirements of participation in the SR Program. Payment is not conveyed to PROVIDER through this Contract. PROVIDER must agree to comply with the terms and conditions of this Contract in order to be eli2ible to participate in the SR program. This contract is to engage an eligible provider to provide SR services to eligible SR children. 3. Term. This Contract begins on J U ly 1 St —of the fiscal year(20_1§_� or on the date on which the Contract is signed by the last party required to sign the Contract, whichever occurs last, and the Contract ends on (COALITION select one) X June 30ffi of the fiscal year 20 16 or [:] the last day of the month twelve (12) months after the effective date of the contract a.-, indicated herein- 4. Payment Limitations. PROVIDER will not receive nor be entitled to payment for SR program services performed before this Contract is fully executed by both parties or after expiration of the Contract. Fonn OEL-SR 20(August 2014) Statewide School Readiness Provider Contract W-4-kiR.F.A.C. -Pagm I of 25 5. Applicable Law. PROVIDER and COALITION agree that the following, including any revision made after the execution of this Contract, are the provisions governing the SR program and that PROVIDER and COALITION will be bound by the same: -42 U.S.C. §9858, et seq.; -45 C.F.R. §98; -45 C.F.R. §99; -Chapter 1002, Florida Statutes; -Chapter 6M-4, Florida Administrative Code; and -Chapter 6M-9, Florida Administrative Code. 6. Not Transferrable. This Contract is not transferrable or assignable to another entity, corporation, or owner without the prior written approval of the COALITION. A change in corporate ownership shall be deemed a transfer. Failure to obtain the prior written approval of COALITION shall be considered an immediate and serious danger to the health, safety, or welfare of children, which is grounds for emergency termination of this Contract as described in paragraph 58. This Contract binds the successors, assigns, and legal representatives of PROVIDER and of any legal entity that succeeds to the obligations of the State of Florida, Office of Early Learning, and COALITION. 11.PROVIDER ELIGIBILITY 7. General Eligibility a. Provider Type. To be eligible to deliver the school readiness program, PROVIDER must be one of the provider types identified in section (s.) 1002.88(l)(a), F.S., listed below. Check the box to indicate PROVIDER's type: 7 A child care facility licensed under s. 402,305, F.S. (Form OEL-SR 20L is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) F� A family day care home licensed or registered under s. 402.313, F.S. (Form OEL-SR 20L is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) F-1 A large family child care home licensed under s. 402.3131, F.S. (Form OEL-SR 20L is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) F-1 A public school or nonpublic school exempt from licensure under s. 402.3025, F.S. (Form OEL-SR 20LE is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) F-1 A faith-based child care provider exempt from licensure under s. 402.316, F.S. (Form OEL-SR 20LE is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) R A before-school or after-school program described in s. 402.305(l)(c), F.S. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 2 of 25 R-1 For a licensed before-school or after-school program described in s, 402.305(l)(c), F.S., Form OEL-SR 20L must be completed as an authorized attachment to this Contract. El For a license exempt or programs that are not required to be licensed as described in Rule 65C-22.008, F.A.C., before-school or after-school program described in s. 402.305(l)(c), F.S., Form OEL-SR 20LE must be completed as an authorized attachment to this Contract. F-1 An informal child care provider to the extent authorized in the state's Child Care and Development Fund Plan as approved by the United States Department of Health and Human Services pursuant to 45 C.F.R. s. 98.18. (Form OEL-SR 20FFN is hereby incorporated by reference and must be completed as an authorized attachment to this Contract.) b. Eligibility Pursuant to s. 1002.91(5), F.S. PROVIDER represents that PROVIDER, or an owner, officer, or board director thereof, has not been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., within the last five (5) years and is not acting as the beneficial owner for someone who has been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., within the last five(5) years. c. Eligibility Pursuant to s. 1002.91(7), F.S. PROVIDER represents that PROVIDER is not on the United States Department of Agriculture National Disqualified List nor does PROVIDER share an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List, 111. PROVIDER RESPONSIBILITIES AND SCOPE OF WORK 8. Child Enrollment. PROVIDER agrees to enroll children for the SR Program only with written authorization from COALITION which will be provided in the form of a child care certificate. PROVIDER also understands that it will not be reimbursed for services provided to a child beyond the service begin and end date identified by COALITION on the child care certificate, or if the child's eligibility is terminated prior to the end date. As described in s. 1002.87(2), F.S., PROVIDER also agrees to serve children enrolled into its SR program according to the services and location established by COALITION on the child care certificate indicating authorized hours of care. In the event that PROVIDER has multiple locations, PROVIDER shall notify and obtain approval in writing from COALITION prior to changing the location where the child shall be served. 9. Child Care. PROVIDER agrees to provide child care to enrolled children at the care level designated by the child care certificate received from the COALITION. Pursuant to 45 C.F.R s. 98.2, child care is defined as the care given to an eligible child by an eligible child care provider. PROVIDER will comply with all applicable state and federal laws, regulations and other standards and requirements in providing child care services under this agreement. 10. Instruction and Activities. In accordance with s. 1002.88(l)(b), F.S., PROVIDER agrees to offer instruction and activities to enhance the age-appropriate progress of each child in attaining the child development standards established by the Florida Early Learning and Developmental Standards: Birth to Five, Form OEL-SR 30, adopted by the Office of Early Learning in Rule Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 3 of 25 6M-4.700, F.A.C. PROVIDER agrees to include activities to foster brain development in infants and toddlers; provide an environment that is rich in language and appropriate and child-friendly music and filled with objects of various colors, shapes, textures, and sizes to stimulate visual, tactile, auditory, and linguistic senses; and include at least thirty (30) minutes of reading to children each day. 11. General Health and Safety. Provider agrees to provide a healthy and safe envirom-nent for children in care pursuant to s. 402.305(5), (6), and (7), F.S., as applicable, and as verified pursuant to s. 402.311, F.S. Health and Safety requirements are specifically addressed in each provider type attachment, 12. Smoke Free Environment. In accordance with Part C of Public Law 107-110 (No Child Left Behind), the "Pro-Children Act of 2001," no child care facility shall permit smoking within any indoor facility(or portion of such facility) operated by PROVIDER, to provide routine child care or early childhood development services to children. This does not apply to any portion of such facility that is used for a private residence. Individuals in violation are subject to a $1,000 fine, administrative compliance or both. 13. Curriculum. In accordance with s. 1002.88(l)(f), F.S., PROVIDER agrees to use the following state-approved curriculum or curricula in the provision of the SR Program: Not applicable edition or date: Not-applicable If PROVIDER is using different curricula at different PROVIDER sites listed in Exhibit 1, PROVIDER must complete the column in Exhibit I indicating the name of the curriculum or curricula being used at each site. If PROVIDER is offering school age programs exclusively, PROVIDER may insert"Not Applicable" in the space provided. 14. Character Development Program. In accordance with s. 1002,88(l)(g), F.S., PROVIDER agrees to implement the following character development program to develop basic values: Not applicable edition or date: Not applicable If PROVIDER is using a different program at different PROVIDER sites listed in Exhibit 1, PROVIDER must complete the column in Exhibit I indicating the name of the character development program being used at each site. If PROVIDER is offering school age programs exclusively, PROVIDER may insert"Not Applicable" in the space provided. 15. Developmental Screenings. PROVIDER acknowledges that Provider is responsible for conducting developmental screenings for each child aged six weeks to kindergarten eligibility in accordance with Rule 6M-4.720, F.A.C. In accordance with s. 1002.88(l)(h), F.S., PROVIDER must collaborate with COALITION to complete initial screening for each child, aged six weeks to kindergarten eligibility, within forty-five (45) days after the child's first or subsequent enrollment, to identify a child who may need individualized supports. PROVIDER acknowledges that COALITION is responsible for initiating individualized services, including but not limited to providing referrals, based on child screening results. PROVIDER and COALITION acknowledge that pursuant to s. 1002.84(5), F.S., screening shall not be a requirement of entry into the school readiness program and shall be only given with parental consent, Subsequent Screenings. PROVIDER acknowledges that Provider is responsible for subsequent screenings. Subsequent screening will be conducted at a minimum, annually in Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 4 of 25 the month of the child's birthday or at time of redetermination in accordance with Rule 6M- 4.720, F.A.C. 16. Prohibited Forms of Discipline. In accordance with s. 1002.88(l)(i), F.S., PROVIDER agrees to implement minimum standards for child discipline practices that are age-appropriate and consistent with the requirements in s. 402.305(12), F.S. Such standards must provide that children not be subjected to discipline that is severe, humiliating or frightening. The discipline must not be associated with food, rest or toileting. Spanking or any other form of physical punishment is prohibited. Children may not be denied active play as a consequence of misbehavior, 17. Child Immunizations and Health Screenings. In accordance with s. 1002.88(1)0), F.S., within thirty (30) calendar days of enrolling a child, PROVIDER agrees to obtain and retain information from the parent regarding the child's age-appropriate immunizations, physical development and other health requirements as indicated on the Student Health Examination form DH 3040 and Florida Certification of Immunization form Part A-1, B, or C DH 680 or the Religious Exemption from Immunization form DH 681. 18. Program Operation. In accordance with s. 1002.88(l)(k), F.S., if PROVIDER offers before- school or after-school programs, PROVIDER agrees those programs shall meet or exceed the requirements of s. 402.305(5), (6), and (7), F.S. In accordance with s. 1002.88(l)(q), F.S., and as identified in Exhibit 3, PROVIDER agrees to operate on a full-time and part-time basis and provide extended-day and extended-year services to the maximum extent possible without compromising the quality of the program to meet the needs of parents who work. 19. Workers' Compensation and Unemployment Compensation. In accordance with s. 1002.88(l)(n), F.S., PROVIDER agrees to obtain and maintain any required workers' compensation insurance under Chapter 440, F.S., and any required reemployment assistance or unemployment compensation coverage under Chapter 443, F.S. PROVIDER agrees to provide the COALITION with evidence of worker's compensation insurance coverage. 20. Sign-In/Sign-Out Process. PROVIDER agrees to maintain daily attendance documentation, including a documented "sign-in/sign-out" process approved by COALITION and implemented by PROVIDER, and which accurately documents attendance and absences. PROVIDER agrees to retain the attendance documentation in accordance with COALITION's records retention requirement established in accordance with s. 1002.8 4(l 0), F.S. 21. Child Absences. In accordance with s. 1002.87(8), F.S., PROVIDER agrees to notify COALITION in writing if a child enrolled is absent for five (5) consecutive days with no contact from the parent by the close of the fifth (5d) day. In accordance with ss. 1002.81(5) and 1002.87(7), F.S., if the need for care cannot be re-established, then the COALITION will notify the PROVIDER and the parent that school readiness funding will be discontinued. The end of eligibility for fimded child care services will be fourteen (14) days from the fifth (5d) day that the child was not in attendance with no contact from the parent. 22. Rilya Wilson Act and At-Risk Children. In accordance with s. 1002,87(9), F.S., PROVIDER agrees to abide by the provisions of the "Rilya Wilson Act" (s. 39.604, F.S.) for each at-risk child under the age of school entry who is enrolled in the school readiness program. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M461 0,F.A.C� Page 5 of 25 23. Parental Choice. PROVIDER agrees that the parent has the right to choose the provider of child care services for his/her children. In the event the parent chooses to change to a different SR PROVIDER, it is within the parent's rights to do so, except as limited by s. 1002.84(8), F.S., as described in paragraph 46.c. 24. Parental Access. PROVIDER agrees to afford authorized parents unlimited access to their children in SR programs, during normal hours of provider operation and whenever the children are in the care of the provider. Access may be subject to appropriate safety procedures. 25. Statewide Information System. PROVIDER agrees to utilize the statewide information system as referenced in s. 1002.82(2)(n), F.S., as available, to submit information and updates regarding the SR program. 26. Child Care Resource and Referral. PROVIDER agrees to participate in the annual update process coordinated by each Child Care Resource and Referral agency as described in Rule 6M- 9.300(5) and(6), F.A.C. 27. Direct Deposit. PROVIDER agrees to provide information necessary to facilitate direct deposit in order to receive SR reimbursement for services rendered. PROVIDER agrees to provide alternative reimbursement arrangements if PROVIDER chooses to opt out of Direct Deposit. 28. Deliverables Deliverable Tasks and Activities Due Date Payment I One month of Child enrollment activities per Monthly Per the level of service: child care services the requirements in section III established by the child care certificate Instruction and activities per provided to the the requirements in section III PROVIDER by the Health and safety activities per COALITION; at the the requirements in section III rates specified in Exhibit 3: Provider Use of curriculum per the Reimbursement Rates; requirements in section III and documented through an approved Character development monthly attendance activities per the requirements report in section III 2. Monthly Monthly attendance report Monthly by the N/A attendance report submitted by the PROVIDER day indicated in to the COALITION per the section VII requirements in section VII 3. Proof of If applicable-, N/A Developmental Screening Applies to providers Developmental screenings for Within 45 days responsible for each child aged six weeks to after the cbild's Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 6 of 25 Deliverable Tasks and Activities Due Date Payment developmental kindergarten eligibility per the first or screening as indicated requirements in section Ill. subsequent in section III enrollment Proof of Subsequent screenings Annually Developmental conducted annually in month Screening(continued) of child's birthday. PROVIDER shall submit the Within thrity(30) child's screening results to the calendar days of COALITION completion of screening Enter the data into an Within sixty(60) electronic system calendar days after screening PROVIDER shall provide in writing the screening results for each child to the child's parent. IV. COALITION RESPONSIBILITIES 29. Training and Technical Assistance. COALITION will notify PROVIDER of the availability of training, technical assistance, and other targeted assistance in support of the provision of quality SR services. 30. Developmental and Subsequent Screenings. Applicable if PROVIDER is responsible for Developmental Screenings and Subsequent Screenings as indicated in paragraph 15. COALITION shall give notification to PROVIDER a minimum of thirty(30) calendar days prior to the date the child must be screened. COALITION will have staff persons available to explain screening results if required by a parent. 31. Child Eligibility. COALITION has ultimate responsibility for determining the eligibility of children enrolling in the SR program, COALITION will issue forms that make up a child care certificate (also known as a payment certificate), as described in s. 1002.82(6)(b) and (c), F.S., to the parent of each eligible child who enrolls in the SR program. 32. Limitations on Authority. COALITION may not impose any requirement on PROVIDER that exceeds the authority provided under Chapter 1002, F.S., or rules adopted pursuant to Chapter 1002, F.S.; or require PROVIDER to administer a preassessment or postassessment. 33. Monitoring. COALITION will monitor PROVIDER for compliance with this Contract and the provisions governing the SR program listed in paragraph 5., in accordance with s. 1002.85(2)(h), F.S. PROVIDER will be monitored in accordance with the COALITION monitoring plan, or in response to a parental complaint. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4-61 0,F.A.C. Page 7 of 25 V. ACCESS 34. Physical Access. PROVIDER agrees to allow the Office of Early Leaming and COALITION staff or sub-contractors immediate access to the facilities and spaces used to offer the SR Program during normal business hours, except as otherwise restricted by government facilities. 35. Records Access. PROVIDER agrees to allow COALITION staff or sub-contractors and the Office of Early Learning to inspect and copy records pertaining to the SR Program during normal business hours and upon request by COALITION or the Office of Early Learning. Records that are stored off-site shall be provided within seventy-two (72)hours. VI. MAINTENANCE OF RECORDS,DATA, AND CONFIDENTIALITY 36. Record Confidentiality. PROVIDER agrees to protect the confidentiality of child and family information, PROVIDER agrees to have all staff complete confidentiality agreements and have processes in place to protect the privacy of child and family information. Confidentiality agreements will be maintained by the PROVIDER and provided to the COALITION upon request. Information associated with the SR Program shall only be made available in accordance with the restrictions of s. 1002.97, F.S. For the purposes of records of children enrolled in the SR Program, this Contract is considered an interagency agreement for the purpose of implementing the SR Program as described in s. 1002.97(3)(g), F.S. Accordingly, to the extent that PROVIDER receives school readiness records in order to carry out its official functions, PROVIDER must maintain and protect the data as required in s. 1002.97, F.S,, and as explained below. Individuals and organizations eligible to receive records include PROVIDER, the parent, COALITION, Office of Early Learning, and other entities identified in s. 1002.97, F.S. 37. Record Maintenance. PROVIDER agrees to maintain records, including sign in and sign out documentation, enrollment and attendance certification, documentation to support excused absences and proof of parent co-payments for children funded by the SR program. The records must be maintained for audit purposes for a period of five (5) years from the date of the last reimbursement request for that fiscal year or until the resolution of any audit findings or any litigation related to this Contract, whichever occurs last. PROVIDER may maintain records in an electronic medium and if the PROVIDER does so, then the PROVIDER shall back up records on a regular basis to safeguard against loss. 38. Record Transfer on Termination. In the event that PROVIDER permanently ceases to offer the SR program before the conclusion of the retention period for SR records as described in paragraph 37, whether as a result of unilateral or mutual termination of PROVIDER's eligibility to offer the SR program or as a result of PROVIDER ceasing to do business, PROVIDER shall transfer all SR records required to be maintained under paragraph 37. to COALITION no later than the close of business on the day PROVIDER ceases to offer the SR program. VII. COMPENSATION and FUNDING 39. Method of Payment. PROVIDER reimbursement for eligible children will be based on the child care certificate (also known as a payment certificate) issued by COALITION and presented by a parent, and through the use of the procedures outlined herein. 40. Reimbursement Rates Established. PROVIDER agrees to provide documentation of its published private child care rates included in Exhibit 3. PROVIDER agrees to accept the Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A�C. Page 8 of 25 approved PROVIDER reimbursement rate which is the lesser of the COALITION maximum reimbursement rate established by COALITION and approved by Office of Early Learning, identified in Exhibit 3. PROVIDER is paid based on budget availability, at the approved PROVIDER reimbursement rate less any parent co-payments assessed by COALITION as reflected on the child care certificate. 41. Gold Seal Rate. PROVIDER agrees to provide documentation of its Gold Seal Quality Designation. Gold Seal providers shall receive the Gold Seal rate identified in Exhibit 3 for all care levels which have received a Gold Seal Quality Designation. 42. Special Needs Rate. PROVIDER will receive a special needs rate identified in Exhibit 3 when providing services to a child with an identified special need. A special need child is defined as a child who has been determined eligible as a child with a disability in accordance with Chapter 6A-6, F.A.C., and is participating in a program for children with disabilities provided by the school district or a child who has an individualized educational plan(lEP) or family support plan (FSP). 43. Rate Changes and Limitations. PROVIDER agrees to report any changes in its published child care rates or its Gold Seal status, if applicable. PROVIDER acknowledges that COALITION is prohibited from making payments, inclusive of Gold Seal or special needs rate differentials, which would cumulatively exceed PROVIDER's private payment rate. In the event that any information submitted by PROVIDER in Exhibit 3 changes, PROVIDER must notify COALITION in writing of the change no later than close of business on the day of the change. COALITION may amend PROVIDER's reimbursement rate based on the information submitted by PROVIDER or any of the factors identified in this paragraph. COALITION must notify PROVIDER, in writing, of any change in reimbursement rate at least thirty (30) calendar days before the change is implemented, 44. Rates and Fees for Parents. PROVIDER acknowledges that it is prohibited from charging parents receiving SR services a higher rate than that charged to private pay parents. In addition to the parent co-payinent assessed by COALITION, PROVIDER must provide the parent with a list of any fees it charges and, if applicable, written notice of the difference between the private pay rate and SR reimbursement, prior to the parent enrolling his/her child in PROVIDER's SR program. PROVIDER is prohibited from charging any fees other than the parent co-payment or those fees provided to the parent on the fee list described above. 45. Military Subsidies. PROVIDER agrees that it will notify COALITION if it receives military subsidy payments through or from the Child Care Aware of Amcrica� (formally NACCRRA) or any legal successor organizations, on behalf of any child enrolled in PROVIDER's SR program. PROVIDER understands that its SR reimbursement rate may be changed as a result of receipt of such military subsidy payments. If PROVIDER fails to report receipt of such military subsidy payments, PROVIDER will be subject to fraud investigation for violation of the requirements of the SR program. 46. Co-payment. As required by s. 1002.84(8), F.S., and Rule 6M-4.401, F.A.C., PROVIDER shall collect the assessed parent co-payment in accordance with Rule 6M-4.400, F.A.C., from the parent. a. Co-payment Amount. The amount of the co-payment which must be collected for each child is included on his or her child care certificate. In the event that an assessed parent co- Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 9 of 25 payment is changed by COALITION, COALITION will send the PROVIDER written notice of the change, Only co-payment changes from the COALITION are valid. b. Co-payment Assessment and Collection. Assessed parent co-payments are automatically deducted from PROVIDER's monthly reimbursement. PROVIDER is required to collect parent co-payments. c. Co-payment Documentation. PROVIDER must give the parent a receipt for each co- payment made by the parent and retain receipt records for all child care co-payments. Upon request, PROVIDER shall provide a current accounting and copy of co-payment receipt records to the COALITON. COALITION will use this documentation to ensure parents who transfer their children to another child care provider have met their co-payment obligations before receiving additional school readiness services. 47. Holiday Schedule. PROVIDER agrees to follow the holiday schedule approved by COALITION for PROVIDER's program, which includes Twelve (12) days per year as set forth in Exhibit 4: Holiday Schedule and understands that these are the only holidays for which PROVIDER will receive reimbursement. Pursuant to Rule 6M-4.500, F.A.C., reimbursement may be made for up to twelve (12) recognized holidays per year. 48. Attendance Documentation Submission. PROVIDER agrees to submit monthly attendance reports for payment. PROVIDER agrees to submit all required attendance records to COALITION on or before the third (3d) business day of each month. If the due date falls on a holiday, PROVIDER agrees to submit all required attendance records to COALITION on the preceding business day. Records submitted late will be processed and paid in the next open payment cycle. 49. Reimbursement Summary Review. PROVIDER agrees to review the reimbursement summary provided with the monthly reimbursement statement. PROVIDER agrees to report to COALITION any discrepancy, overpayment, or underpayment within sixty (60) calendar days of transmission of the reimbursement summary. 50. Emergency Temporary Closure. PROVIDER agrees all requests for compensation for temporary closures beyond PROVIDER's control will be handled in accordance with Rule 6M- 4.501, F.A.C. 51. Disallowed Costs. Any disallowed expenditure may be deducted from any future reimbursement. PROVIDER agrees to return to COALITION any funds received as a result of error or overpayment or disallowed cost. If PROVIDER ceases to offer the SR Program before the payment is fully recovered, PROVIDER agrees to return the funds it was overpaid. If PROVIDER fails to return the funds it was overpaid, PROVIDER shall be subject to collection efforts and/or funds may be obtained from other early learning programs. PROVIDER shall have an opportunity to substantiate or appeal the decision of a questioned or disallowed cost. Any unresolved questioned costs may become disallowed costs. 52. Head Start Agencies. If PROVIDER is a Head Start Agency, PROVIDER understands that, in accordance with federal law, PROVIDER's Head Start programs must be "in addition to, and not in substitution for, comparable services previously provided without Federal assistance." (42 U.S.C., s. 9835(c)) Forna OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 10 of 25 53. Title 20 Schools. If PROVIDER receives federal funds under Title 20, United States Code, ss. 6311-6322, PROVIDER understands that, in accordance with federal law, PROVIDER may use "Federal funds to supplement, [but] not [to] supplant non-Federal funds." (20 U.S.C., s. 6314(a)(3)(13)) VIII. FINANCIAL CONSEQUENCES 54. As a result of PROVIDER's failure to provide the minimum level of services required by this Contract, COALITION shall temporarily withhold reimbursement, disallow all or part of services not in compliance with the terms of this contract or terminate the contract. IX. NONDISCRIMINATION 55. Discrimination Prohibited. PROVIDER agrees not to discriminate against children, families and staff on the basis of race, national origin, ethnic background, sex, religious affiliation, or disability. PROVIDER will comply with the terms of 45 C.F.R. §98.47 regarding non- discrimination against staff persons on the basis of religion. X. NONCOMPLIANCE, PROBATION AND TERMINATION 56. Noncompliance Determination. a. Corrective Action Notice. If COALITION determines PROVIDER has failed to comply with the provisions governing the SR program as described in paragraph 5. or the requirements of this Contract, and COALITION concludes that corrective action will resolve the failure to comply, COALITION must notify PROVIDER in writing. ("Corrective action" means implementation of specific action(s) designed to correct the failure to meet a specific requirement.) The notice must identify the specific requirement(s) which PROVIDER failed to meet and describe how PROVIDER failed to meet each requirement. In addition, the notice must provide a detailed description of any required corrective action and set a deadline for completion of the corrective action. Finally, the notice must state that PROVIDER may request a review of the deterinination as described in paragraph 64. Upon determining that the PROVIDER has satisfactorily completed the corrective action, the COALITION shall notify the PROVIDER in writing. b. Probation. If COALITION concludes that PROVIDER has received a corrective action notice for the same violation two or more times or have had multiple corrective action plans within the contract year or if the corrective action plan is not completed within the prescribed timelines, PROVIDER shall be placed on probation for a period up to six (6) months. Probation may include one or more of the following conditions: training or staff development, monitoring or technical assistance by COALITION or submission of documentation related to the violation. COALITION must notify PROVIDER in writing of the terms and duration of the probation, including required timelines. The terms of the probation must correlate to the basis of the corrective action. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page I I of 25 57. Termination for Cause. a. Basis of Termination for Cause. PROVIDER agrees that COALITION has the right to terminate this Contract for cause at any time. The following are grounds for termination for cause: (a) Action, or lack of action, which threatens the health, safety or welfare of children; (b) The material failure to comply with the terms of this Contract, including, but not limited to, failure to implement corrective action or comply with the terms of probation as described in paragraph 56 above; (c) The refusal to accept any notice described under this Contract which COALITION is required to send to PROVIDER; or (d) Reasonable or probable cause for COALITION to suspect that fraud has been committed by PROVIDER as described in paragraph 63. b. Notice of Termination for Cause. In order to terminate PROVIDER for cause, COALITION must send a written notice of termination for cause to PROVIDER. Such notice must be sent, with proof of delivery, at least five (5) business days before termination. The notice must state the date of, and the specific basis for, termination. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. Notwithstanding PROVIDER's refusal of delivery of the notice, this Contract shall be terminated on the date identified in the notice. COALITION shall document any refusal of delivery. 58. Emergency Termination. COALITION must immediately terminate this Contract on an emergency basis upon notification by the Department of Children and Families (DCF) or local licensing agency that actions or inactions of a PROVIDER pose an immediate and serious danger to the health, safety, or welfare of children. COALITION will terminate this Contract on an emergency basis by sending PROVIDER written notice of emergency termination at least twenty-four(24)hours prior to termination. The written notice must specifically state the basis of COALITION's determination. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. 59. Revocation of Eligibility. In accordance with s. 1002,88(2), F.S,, if PROVIDER's Contract is terminated under paragraph 56., 57., or 58., COALIT10N may revoke PROVIDER's eligibility to deliver the school readiness program for a period of five (5) years, In determining whether to revoke PROVIDER'S eligibility, the COALITION shall consider the following factors. the severity of the PROVIDER'S actions leading to the termination of the contract,the health, safety and welfare of children enrolled at the PROVIDER, the financial impact of the PROVIDER'S actions, the impact that the revocation would have upon the local community, consistency with COALITION'S actions against other PROVIDERS for similar violations of the Contract or program requirements, the length of time that PROVIDER provided services under contract with the COALITION, and whether the PROVIDER had previously violated there terms of this Contract and prior contracts with the COALITION. COALITION shall provide notice of its intent to revoke PROVIDER'S eligibility at the same time that it provides written notice of intent to terminate the contract to PROVIDER. 60. Termination of Contract by Provider. PROVIDER and COALITION may agree to terminate this Contract by mutual consent or PROVIDER may unilaterally terminate this Contract at will. Written notice of termination must be given and alternative arrangements for uninterrupted services shall be made at least thirty (30) calendar days before the termination date for children Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 12 of 25 served under this Contract. If sufficient notice of termination is not provided, COALITION may refuse to issue the final reimbursement payment to PROVIDER. 61. Legislative Appropriation. Any obligation for payment under this Contract is contingent upon an appropriation by the Florida Legislature. If funds required to finance this Contract are unavailable, COALITION shall terminate this Contract after providing written notice, with proof of delivery, at least twenty-four (24) hours before termination of this Contract. In the event of termination of this Contract under this paragraph, PROVIDER shall be paid for the documented SR hours completed prior to termination of this Contract. 62. Eligible Child Care Provider. In order to receive state or federal funds under this Contract, PROVIDER must be an eligible child care provider as defined under 45 C.F.R. §98.2. Failure to maintain status as an eligible child care provider shall be considered an immediate and serious danger to the health, safety, or welfare of children, which is grounds for emergency termination of this Contract as described in paragraph 58, PROVIDER certifies that each location at which PROVIDER offers the SR program is an eligible child care provider. PROVIDER agrees to notify COALITION immediately if it ceases to be an eligible child care provider. 63. Fraud. a. Anti-Fraud Plan. PROVIDER agrees to comply with the anti-fraud plan established by COALITION in accordance with s. 1002.91, F.S. b. Payment Certificate Fraud Investigation. In accordance with s. 1002.82(6)(d), F.S., if it is determined that PROVIDER has given any cash of other consideration to the beneficiary in return for receiving a payment certificate, COALITION or its fiscal agent shall refer the matter to the Department of Financial Services pursuant to s. 414.411, F.S., for investigation. c. Suspension for Suspected Fraud. hi accordance with s. 1002.91(4), F.S., COALITION may suspend or terminate PROVIDER from participation in the school readiness program when it has reasonable cause to believe that PROVIDER has committed fraud, PROVIDER may request a review of COALITION's determination to suspend PROVIDER as described in paragraph 64. If suspended, PROVIDER shall remain suspended until the completion of any investigation by the Office of Early Leaming, the Department of Financial Services, or any other state or federal agency, and any subsequent prosecution or other legal proceeding. d. Termination for Fraud. In accordance with s. 1002.91(5), F.S., if PROVIDER, or an owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., or is acting as the beneficial owner for someone who has been convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., the COALITION shall refrain from contracting with, or using the services of, PROVIDER for a period of five (5) years. In addition, COALITION shall refrain from contracting with, or using the services of, any provider that shares an officer or board director with a provider that is convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. for a period of five (5) years. e. Termination for National Disqualification. In accordance with s. 1002.91(7), F.S., if PROVIDER is placed on the United States Department of Agriculture National Disqualified Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 13 of 25 List, COALITION must terminate this Contract for cause. In addition, if PROVIDER shares an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List, COALITION must terminate this Contract for cause. 64. Due Process Procedures. PROVIDER may request a review of determinations made by COALITION under this Contract. Reviews will be conducted in accordance with Exhibit 5: Due Process Procedures. While a request for a review is being examined, PROVIDER is not required to implement corrective action. In accordance with s. 1002.82(2)(m), F.S., PROVIDER may not offer any School Readiness services while a request for a review regarding termination of PROVIDER's School Readiness Contract is being examined. 65, Severability of Provider Location. If PROVIDER has executed this Contract on behalf of multiple locations and one or more of the locations is terminated pursuant to Section X of this Contract, then in lieu of re-executing a new contract for the remaining locations, COALITION may modify Exhibit I to indicate which location(s) previously part of this Contract has been removed by striking through the location(s), initialing and dating in the "official use only" column. COALITION shall provide a copy of the revised Exhibit I showing any stricken locations to the PROVIDER, This Contract shall remain in full force and effect as to all other locations on Exhibit I which have not been stricken. 66. Litigation and Venue. In the event that PROVIDER believes that this Contract has been inappropriately terminated, or in the event of a breach of this Contract, any available remedies may be pursued in a court of competent jurisdiction. COALITION and PROVIDER agree that any litigation related to this Contract which is brought by COALITION or PROVIDER will be brought in a county within COALITION's geographical service area. XI.NOTIFICATION 67. Information Change Notification. PROVIDER agrees to report any changes in contact or program information within fourteen (14) calendar days or temporary emergency closings of the SR program within two (2) calendar days, Permanent business closings or changes in business location or ownership must be reported at least thirty (30) calendar days prior to changes. PROVIDER agrees to provide program and business information annually for inclusion in the Child Care Resource and Referral Network and is responsible for ensuring that COALITION has up-to-date business and contact (including emergency contact) information. 68. Unusual Incident Notification. PROVIDER agrees to report unusual incidents to COALITION by no later than the close of business on the next business day of the unusual incident and to submit a written report to COALITION within three (3) business days from the date of the incident. For licensed providers, sending a copy of the incident report submitted for DCF to COALITION shall constitute compliance with this paragraph. An unusual incident is any significant event involving the health and safety of children under PROVIDER's care. Examples of unusual incidents include: accusations of abuse or neglect against PROVIDER or PROVIDER's staff; the injury of a child which requires professional medical attention at PROVIDER's site or written notification from the child's parent that the child received professional medical attention; and when PROVIDER receives notice of litigation where PROVIDER is named party or defendant and which relates to the PROVIDERs operation at any location at which SR services are being provided. 69. Notification of Disqualification or Public Assistance Fraud. Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 14 of 25 a. PROVIDER shall notify COALITION within five (5) calendar days if the PROVIDER is placed on the United States Department of Agriculture National Disqualified List, or if PROVIDER shares an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List. b. PROVIDER shall notify COALITION within five (5) calendar days if PROVIDER, or an owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., or is acting as the beneficial owner for someone who has been convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. 70. Contact Persons. a. Coalition Contact. The representative for COALITION for the purposes of this Contract is Provider Services Manager who can be contacted at 561-214-8000 or by email at Provider.Services@elcpaimbeach.org b. Provider Contact. The representative for PROVIDER for the purposes of this Contract is Tonya Smith who can be contacted at 561-243-7249 or by ail at smithtc@mydelraybeach.com c. Contact Change. In the event that either party designates different representatives after execution of this Contract, notice of the name and contact information of the new representative will be rendered in writing to the other party within ten (10) calendar days of change. XII. INDEMNIFICATION 71. PROVIDER shall be fully liable for and indemnify, defend and hold han-nless COALITION, the Office of Early Learning and all of their officers, directors, agents, contractors, subcontractors and employees from and against any and all third-party claims, suits, actions, damages, judgments and costs that arise whether in law or in equity, from any of the PROVIDER's agents, subcontractors or employees' acts, actions, neglect or omission during the performance or operations under this Contract or any subsequent modification thereof, This includes attorney's fees and costs. This indemnification holds whether liability is direct or indirect and whether damage is to any person or real or personal tangible or intangible property, If PROVIDER is a state agency, public school or school district, this paragraph is limited to the extent required by s. 768.28, F.S. X111. SEVERABILITY 72. If any provision of this Contract is held to be unenforceable by a court of competent jurisdiction, the remaining terms and conditions remain in full force and effect. XIV. NO AMENDMENTS 73. No attachments, amendments, or supplements to this Contract are authorized or permitted, except those specifically incorporated by reference in this form, including Exhibit 1: Provider Location List; Exhibit 2: Required Documentation; Exhibit 3: Provider Reimbursement Rates-, Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 15 of 25 Exhibit 4: Holiday Schedule; Exhibit 5: Due Process Procedures-, and Form OEL-SR 20L, Fonn OEL-SR 20LE, or Forrn OEL-SR 20FFN, as described in paragraph 7. (Remainder of this page intentionally left blank.) Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 16 of 25 XIV.EXECUTION OF CONTRACT In accordance with s. 1002.8801(n). F.S.. PROVIDER has caused this Contract to be executed as of the date set forth in Paragraph 1. By signing below, PROVIDER hereby certifies that PROVIDER has read and understood this Contract. PROVIDER certifies that all information provided is true and correct and a2rees that noncomDliance with the reauirements of the School Readiness program includine. but not limited to the requirements of this Contract, and all Exhibits and authorized attachments, shall result in corrective action,withholding of funds, or termination of this Contract at the discretion of COALITION, Warranty of Authority.Each person signing this contract warrants that he or she is duly authorized to do so and to bind the respective nartv to the contract. Cary D. Glickste�n Signature of PresidentNice President/ Print Name Secretary/Ofricer/Owner/Principal/or Other Authorized Representative F-1 By Electronic Signature City of Delray Beach, Florida, Mayor Title D�!te Noel Pfeffer Provider's Additional Signatory (If required by Print N2me the Provider) F-1 By Electronic Signature City Delray Beach, Florida, Attorney Title COALITION has caused this Contract to be executed as of the date set forth in varagraph 1. �S* nature of Authorized Coalition Representative Print Name 113y Electronic Signature Title Date Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M4.610.FAC. Pap-e 17 of 25 Exhibit 1: Provider Location List Provider Name: Pompey Park Community Center, owned by C If PROVIDER is executing this Contract on behalf of one physical location, mark this Exhibit "Not Applicable" in the box below. FXJ Not Applicable. If PROVIDER is a school district executing a single Contract on behalf of multiple public school School Readiness (SR) program providers, enter each name and physical location in the table below. If PROVIDER is executing a single Contract on behalf of multiple private SR sites within COALITION's service area, enter each name and physical location in the table below. If PROVIDER is using a different curriculum or curricula at various sites, enter the name of the curriculum or curricula used at each site. Identify the character development Program used at each site, if character development is included in the curriculum or curricula indicate as "included." Note: PROVIDER may use multiple Exhibit I to list all locations that are included under this contract. If COALITION deten--nines a physical location to be ineligible to offer the SR program, COALITION will strike through the name and location in the table below and initial and date in the column titled "Official Use Only" and send a copy of this Exhibit to PROVIDER. Location Number Location Name Physical Address Curriculum Official Use (DCF/FEIN (Date/Edition) Only Number) Character Development (Date/Edition) 2. 3. 4. 5. 6. 7. Fonn OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C, Page 18 of 25 Exhibit 2: Required Documentation Provider Name: Pompey Park Community Center, owned by City of Delray Beach PROVIDER must mark the appropriate box in each section or subsection below. In addition, if PROVIDER is executing this Contract on behalf of multiple public schools or private provider sites, PROVIDER must mark the documentation with the corresponding Location Number from Exhibit 1. 1. Private Child Care Rates FX_1 PROVIDER has provided a copy of its private child care rate information to COALITION with this Contract. 2. Gold Seal Rates PROVIDER has provided a copy of documentation related to its Gold Seal status, if applicable, to COALITION with this Contract. PROVIDER does not possess a Gold Seal Quality Care Designation. 3. Documentation of Eligible Child Care Provider Private SR Providers PROVIDER has provided a copy of its Certificate of Licensure which includes a DCF identification number. PROVIDER has provided a copy of its Letter of Confirmation which includes a DCF exemption number. PROVIDER certifies that it is not regulated by DCF and therefore does not require documentation from DCF. PROVIDER has provided a copy of its certificate of accreditation. PROVIDER has provided evidence of liability insurance. Public School, Private School, and Charter School SR Providers PROVIDER is a public school and has provided a copy of documentation showing its school district and public school number. PROVIDER is a private school and has provided a copy of its Certificate of Licensure which includes a DCF identification number or a Letter of Confirmation which includes a DCF exemption number, PROVIDER is a charter school and has provided a copy of its charter which includes preschool aged children as a service population and documentation showing its school district and school number. nX PROVIDER has provided evidence of liability insurance. 4. Specialized Program Type PROVIDER offers the Head Start program. nX PROVIDER does not offer the Head Start program. 5. [_X1 IRS W-9 Forra (Request for Taxpayer Identification Number). 6. Documentation of signature authority. 7. Current Sunbiz print-out identifying the office, director or authorized person(s). Fonn OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 19 of 25 Exhibit 3: Provider Reimbursement Rates Provider Name: Pompey Park Community Center, owned by City of Delray Beach Provider Operational Hours: 2:00pm - 6:00pm PROVIDER must mark the appropriate box below indicating the appropriate provider type. In addition, PROVIDER must mark whether or not it has a Gold Seal Quality Care Designation. Finally, PROVIDER must complete the table below marked "To be completed by PROVIDER." COALITION will complete the remainder of the Exhibit. Does PROVIDER have a Gold Seal Designation? E]Yes XNo PROVIDER's Private Pay Rates (To be Completed by PROVIDER) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) (SPCR) <12 MTH 12<24 24<36 36<48 48<60 60<72 In School Special Needs MTH MTH MTH MTH MTH Full-Time Daily Rates 12.50 12.50 Part-Time Daily Rates 11 .00 11 .00 Before or N/A N/A N/A N/A After School Rates COALITION Maximum Reimbursement Rates (To be Completed by COALITION) CARELEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) (SPCR) <12 MTH 12<24 24<36 36<48 48<60 60<72 In School Special Needs MTH MTH MTH MTH MTH Full-Time Daily Rates $28.76 $25.25 $20.89 $20.48 $20,27 $20.27 $19.86 $0.00- Full-Time Gold Seal $34.51 $30.29 $25.07 $24.58 $24.32 $24.32 $23-83 $0.00 Daily Rates Part-Time Daily Rates $22.91 $21 .68 $16.62 $16.21 $16.01 $16.01 $10.44 $0.00 Part-Time Gold Seal $27.49 $26.02 $19.94 $19.45 $19.21 $19.21 $12-53 $0.00 Daily Rates Before or N/A N/A N/A MA After School $16-01 $16-01 $10.44 $0.00 Rates Full-Time N/A N/A NIA N/A N/A N/A N/A VPK Wrap $14.74 Rate Part-Time N/A N/A N/A N/A N/A N/A NIA VPK Wrap $8.00 Rate Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.61 0,F.A.C. Page 20 of 25 A �Fpproved PROVIDER Reimbursement Rate* (To be Completed by COALITION) CARELEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) (SPCR) <12MTH 12<24 24<36 36<48 48<60 60<72 In School Special Needs MTH MTH MTH MTH MTH Full-Time Daily Rates $0.00 $0.00 $0.00 $0.00 $0.00 $12.50 $12.50 $0.00 Part-Time Daily Rates $0.00 $0.00 $0.00 $0.00 $0.00 $11 -00 $10.44 $0.00 Before or NiA N/A_ N/A N/A After School $0.00 $0.00 $0.00 $0.00 Rates Full-Time N/A NI/A N/A N/A N/A N/A N/A VPK Wrap $14.74 Rate Part-Time N/A N/A N/A N/A N/A N!A N/A VPK Wrap $8.00 Rate *Note: Rate PROVIDER will be paid shall not exceed PROVIDER's Private Pay Ratesfor each category. Effective Date of Rates Established in This Exhibit07/01 /2015 Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F�A,C, Page 21 of 25 Exhibit 4: Holiday Schedule Provider Name: Pompey Park Community Center, owned by City of Delray Beach Holiday Date Observed Independence Day 07/03/2015 Labor Day 09/07/2015 Thanksgiving Day 11/26/2015 Christmas Day 12/25/2015 New Year's Day 01 /01 /2016 Memorial Day 05/30/2016 Floating Reimbursable Holiday 11 /25/2015 Floating Reimbursable Holiday 11/27/2015 Floating Reimbursable Holiday 12/23/2015 Floating Reimbursable Holiday 12/24/2015 Floating Reimbursable Holiday 12/30/2015 Floating Reimbursable Holiday 12/31 /2015 If the holiday falls on a Saturday, the holiday is observed on the Friday preceding the holiday. If the holiday falls on a Sunday, the holiday is observed on the Monday following the holiday. FonnCIEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 22 of 25 Exhibit 5: Due Process Procedures Provider Name: Pompey Park Community Center,owned by City of Delray Beach 1. Purpose of Exhibit. Early Leaming Coalitions are responsible for the local implementation of early learning programs ftinded with state and federal ftmds, such as the School Readiness Program and Voluntary Prekindergarten Education Program. Providers of such early leaming programs may request a review of detenninations made by an Early Learning Coalition in accordance with the due process procedures described below. 2. Request for Review Hearing. If a provider disputes any action taken by the Coalition pursuant to the terms of the Statewide School Readiness Provider Contract, the provider may request a review hearing in writing by sending it to the contact person listed in the Coalition's action. A review hearing is a"meeting" for the purposes of the Sunshine Law which is subject to public notice. During a review hearing, the provider will have a reasonable opportunity to address Coalition staff-persons or sub-contractor staff regarding the Coalition's action and to present supporting evidence before a Review Hearing Committee. Provider may have an attorney present at the review hearing to represent or advise the provider. a. Content of Request for Review Hearing. The request for review hearing must state: the name and contact information of an individual authorized to provide information and binding responses on behalf of provider; the specific action by the Coalition that the provider disputes, the specific reasons for the provider's belief; and whether the provider will be represented by an attorney or another individual during the review hearing. b. Request Time. The provider's request for a review hearing must be submitted in writing to the Coalition within five (5) business days of receipt of notice of the determination which the provider believes to be incorrect, c. Supporting Documentation. The provider must send copies of any written documentation supporting the claims of the provider, Examples of relevant documentation may include, but are not limited to, attendance documentation, notarized attestations from parents, documentation from licensing or accrediting bodies, documents demonstrating dates of information submission, and a proposed corrective action plan. 3. Implementation of Review. If the Coalition receives a request for review hearing from the provider, the Coalition must address the request by taking the following steps. a. Assignment of Review Hearing Committee.Within three (3)business days of receipt of a request for review hearing, the Coalition must assign a Review Hearing Committee to complete the review. The Review Hearing Committee must be composed of at least three but no more than five members of the Coalition Board. The Chair of the ELC shall appoint the Review Hearing Committee and shall name the chair of the committee. Three of the members must be a mandatory member as set forth in section 1002.83(4)with at least one provider representative member. b. Response to Request for Review Hearing. Within five (5)business days of receipt of the request for review hearing, the Coalition must respond to the provider in writing, Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 23 of 25 return receipt requested. The notice must include at least three (3) proposed dates and times for the review hearing which must be within forty-five (45) days of the date of receipt of the request for review heating, The notice must also state that the review hearing may be conducted in person at a location designated by the Coalition or via any method of telecommunications, as long as the public is given reasonable access to observe and, when appropriate, participate. Finally, the notice must state whether or not all of the Coalition staff persons or sub-contractor staff whom the provider wishes to have present during the hearing will be made available. If any individual who the provider requested to have present is not available, the Coalition must make available an individual who is qualified to address the subjects the provider wished the individual to address. c. Date and Location Selection. Within five(5)business days of receipt of the response to a request for review hearing,the provider must inform the Coalition of the date and time which it selects for the review hearing and whether the provider will attend the meeting in person or via a method of telecommunication. Within five (5)business days of receipt of the response to a request for review hearing, if the provider is unable to attend any of the proposed dates and times for the review hearing, the provider must submit written notice which states the specific reasons that provider is unable to attend and must contact the Coalition to select a mutually agreed upon date for the review hearing. If the provider does not inform the Coalition of the date and time within the required time period, then the process is considered complete and the request is denied, d. Conducting the Review Hearing. The Review Hearing Committee shall assess the claim(s) the provider made in its request for review by examining all information and documentation submitted by the provider. The provider must be given a reasonable opportunity to question Coalition staff-persons or sub-contractor staff regarding the determinations of the Coalition and to present evidence before the Review Hearing Committee. The Coalition will also be provided a reasonable opportunity to submit evidence to rebut any claims made by the provider. e. Notice of Review Hearing Conclusion. Following completion of the presentation by the provider and the Coalition, the Review Hearing Committee will vote regarding each of the provider's claims. The Review Hearing Committee must also appoint a Review Hearing Committee member or a Coalition staff person to prepare a written notice of the review hearing conclusion. (If the notice is developed by a Coalition staff person, the notice must be reviewed by the Review Hearing Committee in a subsequent public meeting and approved before being sent to the provider.) The written notice must state the outcome of the Review Hearing Committee's vote regarding each of the provider's claims. In addition, the notice must specifically state the reasons supporting the Review Hearing Committee's conclusions. Finally, if the majority of the Review Hearing Cominittee determines: i. That no part of the determination made by the, Coalition was correct, the notice must state provider is not required to take further action. ii. That any part of the determination made by the Coalition is correct, the notice must identify the portion(s) determined to be correct. As applicable, the notice must also state: Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 24 of 25 A. If corrective action is necessary, that the provider must take corrective action in regard to the part(s) which the Review Hearing Committee determines to be correct; and the revised deadlines for completion of the corrective action(s); B. If the provider's School Readiness Contract or eligibility to offer the School Readiness Program will be terTninated,the date of termination. The decision of the Review Hearing Committee is final, Form OEL-SR 20(August 2014) Statewide School Readiness Provider Contract 6M-4.610,F.A.C. Page 25 of 25 MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: May 20, 2015 SUBJECT: AGENDA ITEM 7.G.-REGULAR COMMISSION MEETING OF JUNE 16,2015 AFTERSCHOOL PROGRAM PROVIDER AGREEMENUEARLY LEARNING COALITION OF PALM BEACH COUNTY,INC. BACKGROUND The attached Agreements (the agreements wifl be provided prior to the meetin ) are between the Early Learning Coalition of Palm Beach County, Inc. and City of Delray Beach to continue reimbursable funding through the Children's Services Council (CSC) Scholarship Program for the Afterschool Program located at Pompey Park and Community Center. The term of the agreements is July 1, 2015 through June 30, 2016. The agreements continue to provide reimbursable funding through the CSC Scholarship Program for the afterschool and summer camp programs. Children enrolled through the program will be funded at a reimbursable rate (less the applicable parent fee) to the City at $10.44/child/part-time day and$12.50/full-time day. The City of Delray Beach Parks and Recreation Department, in conjunction with the Early Learning Coalition through the Children's Service Council Scholarship Program, provides an Out of School Youth Program for children ages 5 to 12, with a supervised, Structured program of traditional and non- traditional recreational and sporting activities, and homework assistance from certified teachers. The program targets "latchkey" children in the community without adult supervision during after school and summer vacation hours. The Out of School Program is a 12 month program and includes: Afterschool Program, Day and 1/2 Day camps, and Holiday, Spring, and Summer camps. Some of the programs offered are homework assistance, reading, swimming, tennis, trips to museums, cooking classes, Cub Scout program, etc. The City has been providing the Out of School Program since 1997 (18 years) and Summer Camp for over 30 years. During these years the enrollment has been 100-120 per site. Due to the Department of Health requirements we are unable to increase participation above the max allowed. The City staffs the program with I full-time all year and 15 part-time during the afterschool program and 18 part-time during the summer. The Out of School Program gives children the opportunity to experience a safe, educational and recreational environment. Based on City funding it cost $2,247/child for a full year. DISCUSSION This item is before Commission for approval of a CSC Scholarship Program Agreement between Early Learning Coalition of Palm Beach County, Inc. and the City of Delray Beach to continue reimbursable funding through the CSC Scholarship Program for the Afterschool Program located at Pompey Park and Community Center. TIMING OF THE REQUEST This item is time sensitive due to the electronic submittal date of June 18, 2015. Early Learning Coalition has extended our due date to accommodate the June 16, 2015 Commission Meeting. RECOMMENDATION Staff recommends Commission approval of the Children's Services Council Scholarship Program Agreement. CSC SCHOLARSHIP PROVIDER CONTRACT FISCAL YEAR 2015- 2016 Eazly Learning Coalition drerfs Services Council Cd Palm Beach County 6,A C H C 0 U N T I Ithy.saft.sirens. 1. PARTIES AND TERMS OF CONTRACT I Parties. This Contract is made and entered into this 1 st day of July 2015 by and between the Early Learning Coalition of Palm Beach County, Inc. (herein referred to as "COALITION"), and Delray Beach Community Center owned b(herein referred to as "PROVIDER"), with its principal offices located at 50 N.W, 1 st Avenue, Delray Beach, Florida 33444 a. Employer Identification Number. Insert PROVIDER's EIN here: If PROVIDER does not have an EIN, PROVIDER must insert PROVIDER's Social Security Number(SSN)here . PROVIDER's EIN or S SN is requested in accordance with sections (ss.) I I 9.071(5)(a)2. and 119.092, F.S., for use in the records and data systems of the Office of Early Leaming and COALITION. Submission of PROVIDER's EIN or SSN is mandatory. PROVIDER's EIN or SSN will be used for processing payments to PROVIDER as a CSC Scholarship provider, for reporting those payments for federal tax purposes, and for routine identification. 2. Purpose. This Contract is designed to inforin PROVIDER of the requirements of participation in the CSC Scholarship Program. Payment is not conveyed to PROVIDER through this Contract. PROVIDER must agree to comply with the terms and conditions of this Contract in order to be eligible to participate in the CSC Scholarship program. This contract is to engage an eligible provider to provide CSC Scholarship services to eligible CSC Scholarship children. 3. Term.This Contract begins on July 1 st of the fiscal year(20 15 or on the date on which the Contract is signed by the last party required to sign the Contract, whichever occurs last, and the Contract ends on June 30' of the fiscal year(20 16 4. Payment Limitations. PROVIDER will not receive nor be entitled to payment for the CSC Scholarship program services perforrned before this Contract is Uly executed by both parties or after expiration of the Contract, 5. Applicable Law,Comply with all federal, state and local laws and regulations, as well as policies and requirements of the Coalition including but not limited to: rules and regulations of local fire and health authorities- the Palm Beach County Child Care Ordinance; applicable Workers' Compensation laws; the background screening requirements Florida Administrative Code and all applicable statues. The Provider represents and warrants that it has complied with all applicable background-screening requirements. Programs exempt from licensure are required to meet regulatory requirements and be monitored for adherence to the health and safety standards outlined in state licensing requirements. Failure to comply with federal, state or local laws or regulations may result in termination and/or non-payment of child care services. 6. Not Transferrable.This Contract is not transferrable or assignable to another entity,corporation, or owner without the prior written approval of the COALITION. A change in corporate ownership shall be deemed a transfer. Failure to obtain the prior written approval of COALITION shall be 1 CSC Scholarship Provider Contract(March 2015) considered an immediate and serious danger to the health, safety, or welfare of children, which is grounds for emergency termination of this Contract as described in paragraph 58. This Contract binds the successors, assigns, and legal representatives of PROVIDER and of any legal entity that succeeds to the obligations of the Children's Services Council of Palm Beach County (CSC), and COALITION. 11. PROVIDER ELIGIBILITY 7. General Eligibility a. Provider Type.To be eligible to deliver the CSC Scholarship program,PROVIDER must be one of the provider types identified below. Check the box to indicate PROVIDER's type: A child care facility licensed under s, 402.305, F.S. A family day care home licensed or registered under s. 402,313, F.S. A large family child care home licensed under s. 402.313 1, F.S. A public school or nonpublic school exempt from licensure under s.402.3025, F.S. A licensed before-school or after-school program described in s. 402.305(l) (c), F.S., El A license exempt or program that is not required to be licensed as described in Rule 65C-22.008, F.A.C., before-school or after-school program described in s. 402.305(l)(c), F.S., b. Eligibility Pursuant PROVIDER represents that PROVIDER, or an owner, officer, or board director thereof, has not been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of adjudication,public assistance fraud pursuant to s.414,39,F.S., within the last five(5) years and is not acting as the beneficial owner for someone who has been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s, 414.39, F.S., within the last five (5) years. e. Eligibility Pursuant PROVIDER represents that PROVIDER is not on the United States Department of Agriculture National Disqualified List nor does PROVIDER share an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List. 111. PROVIDER RESPONSIBILITIES AND SCOPE OF WORK S. Child Enrollment. PROVIDER agrees to enroll children for the CSC Scholarship Program only with written authorization from COALITION which will be provided in the form of a child care certificate. PROVIDER also understands that it will not be reimbursed for services provided to a child beyond the service begin and end date identified by COALITION on the child care certificate, or if the child's eligibility is terminated prior to the end date. PROVIDER also agrees to serve children enrolled into its CSC Scholarship program according to the services and location established by COALITION on the child care certificate indicating authorized hours of care. In the event that PROVIDER has multiple locations, PROVIDER shall notify and obtain approval 2 CSC Scholarship Provider Contract (March 2015) in writing from COALITION prior to changing the location where the child shall be served. 9. Child Care. PROVIDER agrees to provide child care to enrolled children at the care level designated by the child care certificate received from the COALITION. Pursuant to 45 C.F.R S. 98.2, child care is defined as the care given to an eligible child by an eligible child care provider. PROVIDER will comply with all applicable state and federal laws,regulations and other standards and requirements in providing child care services under this agreement. 10. Instruction and Activities. PROVIDER agrees to offer instruction and activities to enhance the age-appropriate progress of each child in attaining the child development standards established by the Florida Early Learning and Developmental Standards: Birth to Five, Fonn OEL-SR 30, adopted by the Office of Early Learning in Rule 6M-4.700,F.A.C.PROVIDER agrees to include activities to foster brain development in infants and toddlers;provide an environment that is rich in language and appropriate and child-friendly music and filled with objects of various colors, shapes, textures, and sizes to stimulate visual, tactile, auditory, and linguistic senses; and include at least thirty(30) minutes of reading to children each day. ** (Not applicable for School Age Children). 11. General Health and Safety. Provider agrees to provide a healthy and safe environment for children in care pursuant to s. 402.305(5), (6), and (7), F.S., as applicable, and as verified pursuant to s. 402.3 11, F.S. Licensed Providers: a. PROVIDER agrees to offer basic health and safety of its premises and facilities and compliance with requirements for age-appropriate immunizations of children enrolled in the CSC Scholarship program. PROVIDER's. compliance with ss. 402,305, 402.3131, or 402.313, F.S., satisfies this requirement. b. PROVIDER agrees to offer a healthy and safe environment pursuant to s. 402,305(5), (6), and(7), F.S., as applicable, and as verified pursuant to s. 402.311, F.S License exempt providers (including the school district): a. Public school. If PROVIDER is a public school, compliance with s. 1003.22, F.S., satisfies this requirement. b. Other License-Exempt Providers. If PROVIDER is exempt from licensure under ss. 402.316 or 402.3025, F.S.,PROVIDER shall annually complete the health and safety checklist. The PROVIDER agrees to post the checklist prominently on its premises in plain sight for visitors and parents, and submit it annually to COALITION no later than the date of the execution of the Contract and by July I"each year thereafter. 12. Staff to Children Ratio. PROVIDER agrees to maintain the required staff to child ratio in accordance with ss. 402.305(4), 402.302(8), or 402.302(l 1), F.S., as verified pursuant to s. 402.311, F.S. 13. Insurance. a. General liability insurance. PROVIDER agrees to maintain general liability insurance and provide the coalition with written evidence of general liability insurance coverage, including coverage for transportation of children if CSC Scholarship program children are transported by the PROVIDER. PROVIDER must obtain and retain an insurance policy 3 CSC Scholarship Provider Contract(March 2015) that provides a minimum of $100,000 of coverage per occurrence and a minimum of $300,000 general aggregate coverage. PROVIDER must add the coalition as a named certiflicate holder and as an additional insured. PROVIDER must provide COALITION with a minimum of ten (10) calendar days' advance written notice of cancellation of or changes to coverage, The general liability insurance required by this paragraph must remain in full force and effect for the entire period of this Contract. If the general liability insurance coverage required by this paragraph lapses, COALITION shall immediately terminate this Contract. b. Limitations on indemnification.If PROVIDER is a state agency or a subdivision thereof, as defined in s. 768.28(2),F.S.,PROVIDER agrees to notify the coalition of any additional liability coverage maintained by the provider in addition to that otherwise established under s. 768.28, F.S. PROVIDER shall indemnify COALITION to the extent permitted by s. 768.28, F.S. 14. Smoke Free Environment. In accordance with Part C of Public Law 107-110 (No Child Left Behind), the "Pro-Children Act of 200 1," no child care facility shall permit smoking within any indoor facility(or portion of such facility) operated by PROVIDER, to provide routine child care or early childhood development services to children. This does not apply to any portion of such facility that is used for a private residence. Individuals in viofation are subject to a $1,000 fine, administrative compliance or both. 15. Curriculum. PROVIDER agrees to use the following state-approved curriculum or curricula in the provision of the CSC Scholarship Program: Not applicable edition or date: Not applicabel If PROVIDER is offering school age programs exclusively,PROVIDER may insert' "Not Applicable" in the space provided. 16. Character Development Program. PROVIDER agrees to implement the following character development program to develop basic values- Not applicable edition or date: Not applicable If PROVIDER is offering school age programs exclusively, PROVIDER may inse rt "Not Applicable" in the space provided. 17. Developmental Screenings. PROVIDER acknowledges that PROVIDER is responsible for conducting developmental screenings for each child aged six weeks to kindergarten eligibility, PROVIDER must collaborate with COALITION to complete initial screening for each child, aged six weeks to kindergarten eligibility,within forty-five(45)days after the child's first or subsequent enrollment, to identify a child who may need individualized supports. PROVIDER acknowledges that COALITION is responsible for initiating individualized services, including but not limited to providing referrals, based on child screening results. Records relating to any screening or assessment coordinated or administered by the Provider, including but not limited to developmental screenings, shall be maintained for six (6) years after the date the child is last enrolled with the Provider. ** (Not applicable for School Age Children) Subsequent Screenings. PROVIDER acknowledges that PROVIDER,is responsible for subsequent screenings. Subsequent screening will be conducted at a minimum, annually in the month of the child's birthday or at time of redetermination and only with parental consent. ** (Not applicable for School Age Children) 18. Prohibited Forms of Discipline. PROVIDER agrees to implement minimum standards for chi I d 4 CSC Scholarship Provider Contract (March 2015) discipline practices that are age-appropriate and consistent with the requirements in s. 402.305(12), F.S. Such standards must provide that children not be subjected to discipline that is severe, humiliating or frightening. The discipline must not be associated with food, rest or toileting. Spanking or any other form of physical punishment is prohibited. Children may not be denied active play as a consequence of misbehavior. 19. Child Immunizations and Health Screenings. PROVIDER agrees that within thirty (30) calendar days of enrolling a child, PROVIDER will obtain and retain information from the parent regarding the child's age-appropriate immunizations, physical development and other health requirements as indicated on the Student Health Examination form DH 3040 and Florida Certification of Irrimunization form Part A-1, B, or C DH 680 or the Religious Exemption from Immunization forin DH 68 1. 20.Program Operation.If PROVIDER offers before-school or after-school programs, PROVIDER agrees those programs shall meet or exceed the requirements of s. 402.305(5), (6), and (7), F.S. As identified in Exhibit 2, PROVIDER agrees to operate on a full-time and part-time basis and provide extended-day and extended-year services to the maximum extent possible without compromising the quality of the program to meet the needs of parents who work. 21. Workers' Compensation and Unemployment Compensation. PROVIDER agrees to obtain and maintain any required workers' compensation insurance under Chapter 440, F.S., and any required reemployment assistance or unemployment compensation coverage under Chapter 443, F.S. PROVIDER agrees to provide the COALITION with evidence of worker's compensation insurance coverage. 22. Sign-In/Sign-Out Process. PROVIDER agrees to maintain daily attendance documentation, including a documented "sign-in/sign-out" process approved by COALITION and implemented by PROVIDER, and which accurately documents attendance and absences. PROVIDER agrees to retain the attendance documentation in accordance with COALITION's records retention requirement. 23. Child Absences. PROVIDER agrees to notify COALITION in writing if a child enrolled is absent for five (5) consecutive days with no contact from the parent by the close of the fifth (5 tb) day. If the need for care cannot be re-established, then the COALITION will notify the PROVIDER and the parent that CSC Scholarship funding will be discontinued. The end of eligibility for funded child care services will be fourteen (14) days from the fifth (5tb) day that the child was not in attendance with no contact from the parent. 24. Rilya Wilson Act and At-Risk Children. PROVIDER agrees to abide by the provisions of the "Rilya Wilson Act" (s. 39.604, F.S.) for each at-risk child under the age of school entry who is enrolled in the CSC Scholarship program. 25, Parental Choice. PROVIDER agrees that the parent has the right to choose the provider of child care services for his/her children. In the event the parent chooses to change to a different CSC Scholarship PROVIDER, it is within the parent's rights to do so. 26. Parental Access. PROVIDER agrees to afford authorized parents unlimited access to their children in CSC Scholarship programs, during normal hours of provider operation and whenever the children are in the care of the provider. Access may be subject to appropriate safety procedures. 5 CSC Scholarship Provider Contract (March 2015) 27. Quality Improvement Systems Afterschool Program Participation. a. Be an active participant in Prime Time Palm Beach County's (Prime Time) QIS (Quality Improvement System), b. Remain active in Prime Time's QIS. Active Participation in Prime Time's QIS is defined by: completion of annual external assessments; quarterly progress checks documented by a Prime Time Quality Advisor; full participation in Parts I and 11 of self-assessment and completion of a Program Improvement Plan within 90 days of external assessments. The Provider shall not be eligible for new CTC-A Scholarship fiands if it fails to comply with this paragraph. c. Maintenance level PROVIDERS in QIS may be eligible for a stipend contingent upon availability of funding and Prime Time's ability to provide the COALITION with all information necessary to generate the stipend in accordance with Prime Time's QIS Incentives Policy. The COALITION will pay the amount of the stipend to qualifying providers based upon information provided by Prime Time within a time frame agreed upon by CSC, the COALITION and Prime Time, but in no event later than the end of the first CSC fiscal quarter. The COALITION is not responsible for determining provider eligibility for the stipend, the amount of the stipend or financial reconciliation requirements of the QIS Incentive Policy. d. Prime Time's Manager of Incentives and Maintenance Level Programs and/or designee is solely responsible for the following: i. Designating applicable PROVIDERS participating in QIS as Maintenance level, Tier 1, Tier 2 or Tier 3. ii. Communicating this designation to a PROVIDER at such time as the designation is determined by Prime Time. iii. Communicating these designations to the COALITION in a mutually agreed upon template no later than October 1, 2015. iv. Determining the amount of the stipend based upon attendance and payment data provided by the COALITION using a formula agreed upon by CSC and Prime Time. V. Communicating the amount of the stipend to the COALITION,the PROVIDER and CSC. vi. Facilitating financial reconciliation requirements in accordance with QIS Incentive Policy. vii. Acting as the single point of contact for all PROVIDER questions about Maintenance/Tier level designation, stipend amount and financial reconciliations. Preschool Program Participation. a. Be active in Quality Counts as of December 31, 2014. PROVIDER is eligible for new enrollments through June 30, 2016. b. PROVIDERS that were previously active in Quality Counts and have been denied eligibility for Strong Minds are not eligible for new enrollments but are able to maintain current enrollments, c. PROVIDERS that are in Strong Minds with In Network status are eligible for new CSC Scholarship enrollments. d. PROVIDERS that are terminated in Strong Minds will not be eligible for new enrollments but will be able to maintain current enrollments. 6 CSC Scholarship Provider Contract(March 2015) 28. Statewide Information System. PROVIDER agrees to utilize the statewide information system, as available, to submit information and updates regarding the CSC Scholarship program. 29. Child Care Resource and Referral. PROVIDER agrees to participate in the annual update process coordinated by each Child Care Resource and Referral agency as described in Rule 6M- 9.300(5) and (6), F.A.C. 30. Direct Deposit. PROVIDER agrees to provide information necessary to facilitate direct deposit in order to receive CSC Scholarship reimbursement for services rendered. PROVIDER agrees to provide alternative reimbursement arrangements if PROVIDER chooses to opt out of Direct Deposit. 31. Deliverables Deliverable Tasks and Activities Due Date Payment 1. One Month of child Child enrollment activities per Monthly Per the level of services: care services the requirements in section III established by the child care certificate provided by the Instructions and activities per PROVIDER by the the requirements in section III COALITION; at the rates specified in Exhibit 2: Health and safety activities Provider Reimbursement per the requirements in section Rates; and documented III through an approved monthly a tendance report. 2. Monthly attendance Monthly attendance report Monthly by the N/A report submitted by the PROVIDER day indicated in to the COALITION per the Section VII requirements in section VII 3. Proof of If applicable: N/A Developmental Screening Applies to Developmental Screenings for Within 45 days PROVIDERS each child aged six weeks to after the child's responsible for kindergarten eligibility per the first or subsequent Developmental requirements in section 111. enrollment. screening as indicated in Section III Subsequent screenings Annually conducted annually in month of child's birthday. PROVIDER shall submit the Within thirty(30) child's screening results to the calendar days of COALITION completion of screening Enter the data into an electronic system Within sixty(60) calendar days PROVIDER shall provide in after screening writing the screening results for each child to the child's Darent, IV. COALITION RESPONSIBILITIES 7 CSC Scholarship Provider Contract (March 2015) 32. Training and Technical Assistance. COALITION will notify PROVIDER of the availability of training, technical assistance, and other targeted assistance in support of the provision of quality CSC Scholarship services. 33.Developmental and Subsequent Screenings. Applicable if PROVIDER is responsible for Developmental Screenings and Subsequent Screenings as indicated in paragraph 15. COALITION shall give notification to PROVIDER a minimum of thirty(30) calendar days prior to the date the child must be screened. COALITION will have staff persons available to explain screening results if required by a parent. 34. Child Eligibility. COALITION has ultimate responsibility for determining the eligibility of children enrolling in the CSC Scholarship program. COALITION will issue forms that make up a child care certificate (also known as a payment certificate) to the parent of each eligible child who enrolls in the CSC Scholarship program- 35.Monitoring. COALITION will monitor PROVIDER for compliance with this Contract and the provisions governing the CSC Scholarship program listed in paragraph 5. PROVIDER will be monitored in accordance with the COALITION monitoring plan, or in response to a parental complaint. 36.Audit Inquiry. The Children's Services Council of Palm Beach County (CSC) provides funds to the Coalition under this Contract. CSC requires that the Contractor, and all of its subcontractors, comply with any audit inquiry and records request by the Inspector General of Palm Beach County regarding all of its rights and obligations under this Agreement. Failure to comply shall be deemed a material breach of this Agreement. V.ACCESS 37. Physical Access. PROVIDER agrees to allow the CSC and COALITION staff or sub-contractors immediate access to the facilities and spaces used to offer the CSC Scholarship Program during norinal business hours, except as otherwise restricted by government facilities. 38. Records Access. PROVIDER agrees to allow CSC and COALITION staff or sub-contractors to inspect and copy records pertaining to the CSC Scholarship Program during normal business hours and upon request by COALITION, Records that are stored off-site shall be provided within seventy-two (72) hours. VI. MAINTENANCE OF RECORDS, DATA, AND CONFIDENTIALITY 39. Record Confidentiality. PROVIDER agrees to protect the Confidentiality of child and family information. PROVIDER agrees to have all staff complete confidentiality agreements and have processes in place to protect the privacy of child and family information. Confidentiality agreements will be maintained by the PROVIDER and provided to the COALITION upon request. For the purposes of records of children enrolled in the CSC Scholarship Program, this Contract is considered an interagency agreement for the purpose of implementing the CSC Scholarship Program. Accordingly,to the extent that PROVIDER receives CSC Scholarship records in order to carry out its official functions, PROVIDER must maintain and protect the data, and as explained below. Individuals and organizations eligible to receive records include PROVIDER, the parent, COALITION, and CSC. 8 CSC Scholarship Provider Contract (March 2015) 40. Record Maintenance. PROVIDER agrees to maintain records, including sign in and sign out documentation, enrollment and attendance certification, documentation to support excused absences and proof of parent co-payments for children funded by the CSC Scholarship program. The records must be maintained for audit purposes for a period of six(6) years from the date of the last reimbursement request for that fiscal year or until the resolution of any audit findings or any litigation related to this Contract, whichever occurs last. PROVIDER may maintain records in an electronic medium and if the PROVIDER does so, then the PROVIDER shall back up records on a regular basis to safeguard against loss. 41. Record Transfer on Termination. In the event that PROVIDER permanently ceases to offer the CSC Scholarship program before the conclusion of the retention period for CSC Scholarship records as described in paragraph 40, whether as a result of unilateral or mutual termination of PROVIDER's eligibility to offer the CSC Scholarship program or as a result of PROVIDER ceasing to do business, PROVIDER shall transfer all CSC Scholarship records required to be maintained under paragraph 40 to COALITION no later than the close of business on the day PROVIDER ceases to offer the CSC Scholarship program. VII. COMPENSATION and FUNDING 42. Method of Payment. PROVIDER reimbursement for eligible children will be based on the child care certificate(also known as a payment certificate) issued by COALITION and presented by a parent, and through the use of the procedures outlined herein. 43.Reimbursement Rates Established. PROVIDER agrees to provide documentation of its published private child care rates included in Exhibit 2.PROVIDER agrees to accept the approved PROVIDER reimbursement rate which is the lesser of the COALITION maximum reimbursement rate established by COALITION and approved by Office of Early Learning, identified in Exhibit 2. PROVIDER is paid based on budget availability, at the approved PROVIDER reimbursement rate less any parent co-payments assessed by COALITION as reflected on the childcare certificate. 44. Parent Fees. a. Afterschool: The required co-payment is $1.80 per day,regardless of full or half day, for the first child in the family and $.90 per day for each additional child in the family.The Coalition will deduct the co-payment from the rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent co-payment. b. Preschool: The authorized sliding scale parent fee shall be deducted from the negotiated rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent fee. 45. Gold Seal Rate. PROVIDER agrees to provide documentation of its Gold Seal Quality Designation.Gold Seal providers shall receive the Gold Seal rate identified in Exhibit 2 for all care levels which have received a Gold Seal Quality Designation. 46. Rate Changes and Limitations. PROVIDER agrees to report any changes in its published child care rates or its Gold Seal status, if applicable. PROVIDER acknowledges that COALITION is prohibited from making payments, inclusive of Gold Seal, which would cumulatively exceed PROVIDER's private payment rate. In the event that any information submitted by PROVIDER in Exhibit 2 changes, PROVIDER must notify COALITION in writing of the change no later than 9 CSC Scholarship Provider Contract (March 2015) close of business on the day of the change. COALITION may amend PROVIDER's reimbursement rate based on the information submitted by PROVIDER or any of the factors identified in this paragraph. COALITION must notify PROVIDER, in writing, of any change in reimbursement rate at least thirty(30) calendar days before the change is implemented. 47. Rates and Fees for Parents. PROVIDER acknowledges that it is prohibited from charging parents receiving CSC Scholarship services a higher rate than that charged to private pay parents. In addition to the parent co-payment assessed by COALITION, PROVIDER must provide the parent with a list of any fees it charges and, if applicable, written notice of the difference between the private pay rate and CSC Scholarship reimbursement,prior to the parent enrolling his/her child in PROVIDER's CSC Scholarship program. PROVIDER is prohibited from charging any fees other than the parent co-payment or those fees provided to the parent on the fee list described above. 48. Co-payment. a. Co-payment Amount. The amount of the co-payment to be collected for each child is included on his or her child care certificate. In the event that an assessed parent co-payment is changed by the COALITION,COALITION shall send the PROVIDER written notice of the change. Only co-payment changes from the COALITION are valid. b. Co-payment Assessment and Collection. Assessed parent co-payments are automatically deducted from PROVIDER's monthly reimbursement. PROVIDER is responsible to collect the assessed parent co-payments. c. Co-payment Documentation. PROVIDER must give the parent a receipt for each co-payment made by the parent and retain receipt records for all child care co-payments. Upon request, PROVIDER shall provide a current accounting and copy of co-payment receipt records to the COALITON.COALITION will use this documentation to ensure parents who transfer their children to another child care provider have met their co-payment obligations before receiving additional CSC Scholarship services. 49. Holiday Schedule. PROVIDER agrees to follow the holiday schedule approved by COALITION for PROVIDER's program, which includes days per year as set forth in Exhibit 3: Holiday Schedule and understands that these are the only holidays for which PROVIDER will receive reimbursement, Reimbursement may be made for up to twelve (12) recognized holidays per year. 50.Attendance Documentation Submission. PROVIDER agrees to submit monthly attendance reports for payment. PROVIDER agrees to submit all required attendance records to COALITION on or before the third (3d) business day of each month. If the due date falls on a holiday, PROVIDER agrees to submit all required attendance records to COALITION on the preceding business day. Records submitted late will be processed and paid in the next open payment cycle. 51. Reimbursement Summary Review. PROVIDER agrees to review the reimbursement summary provided with the monthly reimbursement statement. PROVIDER agrees to report to COALITION any discrepancy, overpayment, or underpayment within sixty (60) calendar days of transmission of the reimbursement summary. For the month of Sotember 2015 PROVIDER 10 CSC Scholarship Provider Contract(March 2015) agrees to report to COALITION any discroancy, overpayment or undelpayment by October 23, 2015 any discrepancy rel2orted after this date will not be processed. 52. Emergency Temporary Closure. Report any temporary closures of the Provider's facility to the COALITION in advance if the temporary closure is planned,or by the close of business on the day of the closure if the temporary closure is not planned in advance. If the closure is extended the PROVIDER must notify COALITION within 2 days of reopening the facility as to the status and availability. 53.Disallowed Costs. Any disallowed expenditure may be deducted from any future reimbursement. PROVIDER agrees to return to COALITION any funds received as a result of error or overpayment or disallowed cost. If PROVIDER ceases to offer the CSC Scholarship Program before the payment is fully recovered, PROVIDER agrees to return the funds it was overpaid. If PROVIDER fails to return the funds it was overpaid,PROVIDER shall be subject to collection efforts and/or funds may be obtained from other early leaming programs. PROVIDER shall have an opportunity to substantiate or appeal the decision of a questioned or disallowed cost. Any unresolved questioned costs may become disallowed costs. VIII. FINANCIAL CONSEQUENCES 54.As a result of PROVIDER's failure to provide the minimum level of services required by this Contract, COALITION shall temporarily withhold reimbursement, disallow all or part of services not in compliance with the terms of this contract or terminate the contract. IX. NONDISCRIMINATION 55.Discrimination Prohibited. PROVIDER agrees not to discriminate against children, families and staff on the basis of race, national origin, ethnic background, sex, religious affiliation, or disability. PROVIDER will comply with the terms of 45 CT.R. §98.47 regarding non- discrimination against staff persons on the basis of religion. X. NONCOMPLIANCE,PROBATION AND TERMINATION 56. Noncompliance Determination. a. Corrective Action Notice. If COALITION detennines PROVIDER has failed to comply with the provisions governing the CSC Scholarship program as described in paragraph 5 or the requirements of this Contract, and COALITION concludes that corrective action will resolve the failure to comply, COALITION must notify PROVIDER in writing. ("Corrective action"means implementation of specific action(s) designed to correct the failure to meet a specific requirement.) The notice must identify the specific requirement(s) which PROVIDER failed to meet and describe how PROVIDER failed to meet each requirement. In addition, the notice must provide a detailed description of any required corrective action and set a deadline for completion of the corrective action. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. Upon determining that the PROVIDER has satisfactorily completed the corrective action, the COALITION shall notify the PROVIDER in writing. 11 CSC Scholarship Provider Contract (March 2015) b. Probation. If COALITION concludes that PROVIDER has received a corrective action notice for the same violation two or more times or have had multiple corrective action plans within the contract year or if the corrective action plan is not completed within the prescribed timclines, PROVIDER shall be placed on probation for a period up to six (6) months. Probation may include one or more of the following conditions: training or staff development, monitoring or technical assistance by COALITION or submission of documentation related to the violation. COALITION must notify PROVIDER in writing of the terms and duration of the probation, including required timelines. The terms of the probation must correlate to the basis of the corrective action. 57. Termination for Cause. a. Basis of Termination for Cause. PROVIDER agrees that COALITION has the right to terminate this Contract for cause at any time. The following are grounds for termination for cause: (a) Action, or lack of action, which threatens the health, safety or welfare of children; (b) The material failure to comply with the terms of this Contract, including, but not limited to, failure to implement corrective action or comply with the terms of probation as described in paragraph 56 above; (c) The refusal to accept any notice described under this Contract which COALITION is required to send to PROVIDER; or (d) Reasonable or probable cause for COALITION to suspect that fraud has been committed by PROVIDER as described in paragraph 63. b. Notice of Termination for Cause. In order to terminate PROVIDER for cause, COALITION must send a written notice of termination for cause to PROVIDER. Such notice must be sent, with proof of delivery, at least five (5) business days before termination. The notice must state the date of, and the specific basis for, termination. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. Notwithstanding PROVIDER's refusal of delivery of the notice, this Contract shall be terminated on the date identified in the notice. COALITION shall document any refusal of delivery. 58. Emergency Termination. COALITION must immediately terminate this Contract on an emergency basis upon notification by the Department of Children and Families (DCF) or local licensing agency that actions or inactions of a PROVIDER pose an immediate and serious danger to the health, safety, or welfare of children. COALITION will terminate this Contract on an emergency basis by sending PROVIDER written notice of emergency termination at least twenty-four (24) hours prior to termination. The written notice must specifically state the basis of COALITION's determination. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. 59. Revocation of Eligibility. If PROVIDER's Contract is terminated under paragraph 56., 57., or 58., COALITION may revoke PROVIDER's eligibility to deliver the CSC Scholarship program for a period of five (5) years. In determining whether to revoke PROVIDER'S eligibility, the COALITION may consider the following factors: the severity of the PROVIDER'S actions leading to the termination of the contract, the health, safety and welfare of children enrolled at the PROVIDER, the financial impact of the PROVIDER'S actions, the impact that the revocation would have upon the local community, consistency with COALITION'S actions against other PROVIDERS for similar violations of the Contract or program requirements, the length of time 12 CSC Scholarship Provider Contract (March 2015) that PROVIDER provided services under contract with the COALITION, and whether the PROVIDER had previously violated there tenns of this Contract and prior contracts with the COALITION. COALITION shall provide notice of its intent to revoke PROVIDER'S eligibility at the same time that it provides written notice of intent to terminate the contract to PROVIDER. 60. Termination of Contract by Provider. PROVIDER and COALITION may agree to terminate this Contract by mutual consent or PROVIDER may unilaterally terminate this Contract at will. Written notice of termination must be given and alternative arrangements for uninterrupted services shall be made at least thirty (30) calendar days before the termination date for children served under this Contract. If sufficient notice of termination is not provided, COALITION may refuse to issue the final reimbursement payment to PROVIDER. 61. Appropriation. Any obligation for payment under this Contract is contingent upon an appropriation by the Children's Services Council of Palm Beach. If funds required to finance this Contract are unavailable,COALITION shall terminate this Contract after providing written notice, with proof of delivery, at least twenty-four(24) hours before termination of this Contract. In. the event of termination of this Contract under this paragraph, PROVIDER shall be paid for the documented CSC Scholarship hours completed prior to termination of this Contract. 62. Eligible Child Care Provider. In order to receive local scholarship funds under this Contract, PROVIDER must be an eligible child care provider. Failure to maintain status as an eligible child care provider shall be considered an immediate and serious danger to the health, safety, or welfare of children, which is grounds for emergency termination of this Contract as described in paragraph 58. PROVIDER certifies that the location at which PROVIDER offers the CSC Scholarship program is an eligible child care provider. PROVIDER agrees to notify COALITION immediately if it ceases to be an eligible child care provider. 63. Fraud. a. Anti-Fraud Plan. PROVIDER agrees to comply with the anti-fraud plan established by COALITION in accordance with s. 1002.91, F.S. b. Payment Certificate Fraud Investigation. If it is determined that PROVIDER has given any cash or other consideration to the beneficiary in return for receiving a payment certificate, COALITION or its fiscal agent shall refer the matter to the Department of Financial Services pursuant to s. 414.411, F.S., for investigation. c. Suspension for Suspected Fraud. COALITION may suspend or terminate PROVIDER from participation in the CSC Scholarship program when it has reasonable cause to believe that PROVIDER has committed fraud. PROVIDER may request a review of COALITION's determination to suspend PROVIDER as described in paragraph 64. If suspended, PROVIDER shall remain suspended until the completion of any investigation by the Office of Early Learning, the Department of Financial Services, or any other state or federal agency, and any subsequent prosecution or other legal proceeding. d. Termination for Fraud. If PROVIDER, or an owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or noto contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., or is acting as the beneficial owner for someone who has been convicted of, found guilty 13 CSC Scholarship Provider Contract (March 2015) of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., the COALITION shall refrain from contracting with, or using the services of, PROVIDER for a period of five (5) years. In addition, COALITION shall refrain from contracting with, or using the services of, any provider that shares an officer or board director with a provider that is convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. for a period of five (5) years. c. Termination for National Disqualification. If PROVIDER is placed on the United States Department of Agriculture National Disqualified List, COALITION must terminate this Contract for cause. In addition, if PROVIDER shares an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List, COALITION must terminate this Contract for cause. 64. Due Process Procedures. PROVIDER may request a review of determinations made by COALITION under this Contract. Reviews will be conducted in accordance with Exhibit 4: Due Process Procedures. While a request for a review is being examined, PROVIDER is not required to implement corrective action. PROVIDER may not offer any CSC Scholarship services while a request for a review regarding termination of PROVIDER's CSC Scholarship Contract is being examined. 65.Litigation and Venue. In the event that PROVIDER believes that this Contract has been inappropriately terminated, or in the event of a breach of this Contract, any available remedies may be pursued in a court of competent jurisdiction. COALITION and PROVIDER agree that any litigation related to this Contract which is brought by COALITION or PROVIDER will be brought in a county within COALITION's geographical service area. XI. NOTIFICATION 66.Information Change Notification. PROVIDER agrees to report any changes in contact or program information within fourteen (14) calendar days or temporary emergency closings of the CSC Scholarship program within two (2)calendar days. Permanent business closings or changes in business location or ownership must be reported at least thirty (30) calendar days prior to changes. PROVIDER agrees to provide program and business information annually for inclusion in the Child Care Resource and Referral Network and is responsible for ensuring that COALITION has up-to-date business and contact (including emergency contact) information. 67. Unusual Incident Notification. PROVIDER agrees to report unusual incidents to COALITION by no later than the close of business on the next business day of the unusual incident and to submit a written report to COALITION within three(3)business days from the date of the incident. For licensed providers, sending a copy of the incident report submitted for DCF to COALITION shall constitute compliance with this paragraph. An unusual incident is any significant event involving the health and safety of children under PROVIDER's care. Examples of unusual incidents include: accusations of abuse or neglect against PROVIDER or PROVIDER's staff, the injury of a child which requires professional medical attention at PROVIDER's site or written notification from the child's parent that the child received professional medical attention; and when PROVIDER receives notice of litigation where PROVIDER is named party or defendant and which relates to the PROVIDERs operation at any location at which CSC Scholarship services are being provided. 14 CSC Scholarship Provider Contract (March 2015) 68. Notification of Disqualification or Public Assistance Fraud. a. PROVIDER shall notify COALITION within five(5)calendar days if the PROVIDER is placed on the United States Department of Agriculture National Disqualified List, or if PROVIDER shares an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List. b. PROVIDER shall notify COALITION within five (5)calendar days if PROVIDER, or an owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or nolo contendcre to,regardless of adjudication,public assistance fraud pursuant to s. 414.39, F.S., or is acting as the bencficial owner for someone who has been convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. 69. Contact Persons. a. Coalition Contact. The representative for COALITION for the purposes of this Contract is Provider Services Manager who can be contacted at 561-214-8000 or by email at Provider.Se rvices(cDe 1cpalm beach.ora b. Provider Contact. The representative for PROVIDER for the purposes of this Contract is Tonya Smith who can be contacted at 561-243-724� or by email at srnithtc(@rnvdelraybeach&om c. Contact Change.In the event that either party designates different representatives after execution of this Contract, notice of the name and contact information of the new representative will be rendered in writing to the other party within ten (10) calendar days of change. XII. INDEMNIFICATION 70. PROVIDER shall be fully liable for and inderm-rify, defend and hold harmless COALITION,C S C and all of their officers, directors, agents, contractors, subcontractors and employees from and against any and all third-party claims, suits, actions, damages, judgm ents and costs that arise whether in law or in equity, from any of the PROVIDER's agents, subcontractors or employees' acts, actions, neglect or omission during the performance or operations under this Contract or any subsequent modification thereof. This includes attorney's fees and costs. This indemnification holds whether liability is direct or indirect and whether damage is to any person or real or personal tangible or intangible property. If PROVIDER is a state agency, public school or school district, this paragraph is limited to the extent required by s. 768.28, F.S. XIII. SEVERABILITY 7 1. If any provision of this Contract is held to be unenforceable by a court of competent jurisdiction, the remaining terms and conditions remain in full force and effect. XIV. NO AMENDMENTS 15 CSC Scholarship Provider Contract (March 2015) 72.No attachments, amendments, or supplements to this Contract are authorized or permitted, except those specifically incorporated by reference in this form, including; Exhibit 1: Required Documentation; Exhibit 2: Provider Reimbursement Rates; Exhibit 3: Holiday Schedule; and Exhibit 4: Due Process Procedures (Remainder of thispage intentionally left blank.) 16 CSC Scholarship Provider Contract (March 2015) XIV. EXECUTION OF CONTRACT PROVIDER has caused this Contract to be executed as of the date set forth in Paragraph 1. By signing below, PROVIDER hereby certifies that PROVIDER has read and understood this Contract. PROVIDER certifies that all information provided is true and correct and agrees that noncompliance with the requirements of the CSC Scholarship program including, but not limited to the requirements of this Co ntract, and all Exhibits and authorized attachments, shall result in corrective action, withholding of funds, or termination of this Contract at the discretion of COALITION, in accordance with Section X. Warranty of Authority. Each person signing this contract warrants that he or she is duly authorized to do so and to bind the respective party to the contract. Cary D. Glickstein Signature of PresidentNice President/ Print Name Secretary/Ofricer/Owner/Principal/or Other Authorized Representative [:1 By Electronic Signature City of Delray Beach, Florida. Mayor Title Date Noel Pfeffer Provider's Additional Signatory(If required by Print Name the Provider) 0 By Electronic Signature City of Delray Beach, Florida Attorney Title Date COALITION has caused this Contract to be executed as of the date set forth in paragraph 1. Signature of Authorized Coalition Representative Print Name F] By Electronic Signature Title Date 17 CSC Scholarship Provider Contract(March 2015) Exhibit 1. Required Documentation Provider Name: PROVIDER must mark the appropriate box in each section or subsection below. 1. Private Child Care Rates 7X PROVIDER has provided a copy of its private child care rate information to COALITION with this Contract. 2. Gold Seal Rates F-1 PROVIDER has provided a copy of documentation related to its Gold Seal status, if applicable, to COALITION with this Contract. FXJ PROVIDER does not possess a Gold Seal Quality Care Designation. 3. Documentation of Eligible Child Care,Provider Private Providers [XI PROVIDER has provided a copy of its Certificate of Licensure which includes a DCF identification number. PROVIDER has provided a copy of its Letter of Confirmation which includes a DCF exemption number. F-1 PROVIDER has provided a copy of its certificate of accreditation. F� PROVIDER certifies that it is not regulated by DCF and therefore does not require documentation from DCF. Public School, Private School,and Charter School Providers PROVIDER is a public school and has provided a copy of documentation showing its school district and public school number. PROVIDER is a private school and has provided a copy of its Certificate of Licensure which includes a DCF identification number or a Letter of Confirmation which includes a DCF exemption number. F1 PROVIDER is a charter school and has provided a copy of its charter which includes preschool aged children as a service population and documentation showing its school district and school number. 4. Insurance Requirements PROVIDER has provided evidence of liability insurance. PROVIDER has provided evidence of transportation insurance(as applicable) PROVIDER has provided evidence of workers' compensation insurance (as applicable) 5. FX-1 IRS W-9 Form (Request for Taxpayer Identification Number). 6. Documentation of signature authority. 7. Current Sunbiz print-out identifying the office, director or authorized person(s). 18 CSC Scholarship Provider Contract(March 2015) Exhibit 2: Provider Reimbursement Rates Provider Name: Delray Beach Community Center owned by City of D Provider Operational Hours: 2:00pm - 6:00prn PROVIDER must mark whether or not it has a Gold Seal Quality Care Designation. Finally, PROVIDER must complete the table below marked "To be completed by PROVIDER." COALITION will complete the remainder of the Exhibit. Does PROVIDER have a Gold Seal Designation? E]Yes ZNo PROVIDER's Private Pay Rates (To be completed by PROVIDER) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) <12 MTH 12<24 24<36 36<48 48<60 60<72 In School MTH MTH MTH MTH MTH Full-Time Daily Rates 12.50 12.50 Part-Time Daily Rates 11.00 11.00 Before or /A N/A N/A N/A After School Rates COALITION Maximum Reimbursement Rates (To be completed by COALITION) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) <12 MTH 12<24 24<36 36<48 49<60 60<72 In School MTH MTH MTH MTH MTH Full-Time Daily Rates $28.76 $25.25 $20.89 $20.48 $20.27 $20.27 $19.86 Full-Time Gold Seal $34.51 $30.29 $25.07 $24.58 $24.32 $24.32 $23.83 Daily Rates Part-Time Daily Rates $22.91 $21.68 $16.62 $16.21 $16.01 $16.01 $10,44 Part-Time Gold Seal $27.49 $26.02 $19.94 $19A5 $19.21 $19.21 $12.53 Daily Rates Before or N/A N/A N/A N/A After School $lUl $16.01 $10.44 Rates Full-Time N/A N/A N/A N/A VPK Wrap $14.90 $14.74 $14.74 Rate Part-Time N/A N/A N/A N/A VPK Wrap $8.11 $8.00 $8,00 Rate 1 19 CSC Scholarship Provider Contract (March 2015) Approved PROVIDER Reimbursement Rate* (To be completed by COALITION) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCII) <12 MTH 12<24 24<36 36<48 48<60 60<72 In School MTH MTH MTH MTH MTH Full-Time Daily Rates $0.00 $0.00 $0.00 $0.00 $0.00 $12.50 $12.50 Part-Time Daily Rates $0.00 $0.00 $0.00 $0.00 $0.00 $11-00 $10.44 Before or N/A N/A N/A N/A After School $0.00 $0.00 $0.00 Rates Full-Time N/A N/A N/A N!A VPK Wrap $14.90 $14.74 $14.74 Rate Part-Time N/A N/A N/A N/A VPK Wrap $8.11 $8.00 $8.00 Rate I *Note: Rate PROVIDER will bepaid shall not exceed PROVIDER's Private Pay Rates,for each category. Effective Date of Rates Established in This Exhibit 07/01/2015 20 CSC Scholarship Provider Contract(March 2015) Exhibit 3: Holiday Schedule Provider Name: Delray Beach Community Center owned by City of D Holiday Date Observed Independence Day 07/03/2015 Labor Day 09/07/2015 Thanksgiving Day 11 /26/2015 Christmas Day 12/25/2015 New Year's Day 01 /01 /2016 Memorial Day 05/30/2016 Floating Reimbursable Holiday 11 /25/2015 Floating Reimbursable Holiday 11 /27/2015 Floating Reimbursable Holiday 12/23/2015 Floating Reimbursable Holiday 12/24/2015 Floating Reimbursable Holiday 12/30/2015 Floating Reimbursable Holiday 12/31 /2015 If the holiday falls on a Saturday, the holiday is observed on the Friday preceding the holiday. If the holiday falls on a Sunday, the holiday is observed on the Monday following the holiday. 21 CSC Scholarship Provider Contract(March 2015) Exhibit 4: Due Process Procedures Provider Name: Delray Beach Community Center owned by Cil 1. Purpose of Exhibit. Early Learning Coalitions are responsible for the local implementation of early learning programs funded with state, federal, and local funds, such as the School Readiness Program, CSC Scholarship and Voluntary Prekindergarten Education Program. Providers of such early learriing programs may request a review of determinations made by an Early Learning Coalition in accordance with the due process procedures described below. 2. Request for Review Hearing. If a provider disputes any action taken by the Coalition pursuant to the terms of the CSC Scholarship Provider Contract, the provider may request a review hearing in writing by sending it to the contact person listed in the Coalition's action, A review hearing is a "meeting" for the purposes of the Sunshine Law which is subject to public notice. During a review hearing, the provider will have a reasonable opportunity to address Coalition staff-persons or sub-contractor staff regarding the Coalition's action and to present supporting evidence before a Review Hearing Committee. Provider may have an attorney present at the review hearing to represent or advise the provider. a. Content of Request for Review Hearing. The request for review hearing must state: the name and contact information of an individual authorized to provide information and binding responses on behalf of provider; the specific action by the Coalition that the provider disputes, the specific reasons for the provider's belief; and whether the provider will be represented by an attorney or another individual during the review hearing. b. Request Time. The provider's request for a review hearing must be submitted in writing to the Coalition within five (5) business days of receipt of notice of the determination which the provider believes to be incorrect. c. Supporting Documentation. The provider must send copies of any written documentation supporting the claims of the provider. Examples of relevant documentation may include, but are not limited to, attendance documentation, notarized attestations from parents, documentation from licensing or accrediting bodies, documents demonstrating dates of information submission, and a proposed corrective action plan. 3. Implementation of Review. If the Coalition receives a request for review hearing from the provider,the Coalition must address the request by taking the following steps. a. Assignment of Review Hearing Committee. Within three (3) business days of receipt of a request for review hearing, the Coalition must assign a Review Hearing Committee to complete the review. The Review Hearing Committee must be composed of at least three but no more than five members of the Coalition Board. The Chair of the ELC shall appoint the Review Hearing Committee and shall name the chair of the committee.Three of the members must be a mandatory member as set forth in section 1002.83(4) with at least one provider representative member. 22 CSC Scholarship Provider Contract �March 2015) b. Response to Request for Review Hearing. Within five (5) business days of receipt of the request for review hearing, the Coalition must respond to the provider in writing, return receipt requested. The notice must include at least three(3)proposed dates and times for the review hearing which must be within forty-five (45) days of the date of receipt of the request for review hearing. The notice must also state that the review hearing may be conducted in person at a location designated by the Coalition or via any method of telecommunications, as long as the public is given reasonable access to observe and, when appropriate, participate. Finally, the notice must state whether or not all of the Coalition staff persons or sub-contractor staff whom the provider wishes to have present during the hearing will be made available. If any individual who the provider requested to have present is not available, the Coalition must make available an individual who is qualified to address the subjects the provider wished the individual to address. c. Date and Location Selection. Within five (5) business days of receipt of the response to a request for review hearing,the provider must inforin the Coalition of the date and time which it selects for the review hearing and whether the provider will attend the meeting in person or via a method of telecommunication. Within five (5)business days of receipt of the response to a request for review hearing, if the provider is unable to attend any of the proposed dates and times for the review hearing, the provider must submit written notice which states the specific reasons that provider is unable to attend and must contact the Coalition to select a mutually agreed upon date for the review hearing. If the provider does not inform the Coalition of the date and time within the required time period, then the process is considered complete and the request is denied. d. Conducting the Review Hearing. The Review Hearing Committee shall assess the claim(s) the provider made in its request for review by examining all information and documentation submitted by the provider. The provider must be given a reasonable opportunity to question Coalition staff-persons or sub- contractor staff regarding the determinations of the Coalition and to present evidence before the Review Hearing Committee. The Coalition will also be provided a reasonable opportunity to submit evidence to rebut any claims made by the provider. e. Notice of Review Hearing Conclusion.Following completion of the presentation by the provider and the Coalition, the Review Hearing Committee will vote regarding each of the provider's claims. The Review Hearing Committee must also appoint a Review Hearing Con-tinittee member or a Coalition staff person to prepare a written notice of the review hearing conclusion. (If the notice is developed by a Coalition staff person, the notice must be reviewed by the Review Hearing Committee in a subsequent public meeting and approved before being sent to the provider.) The written notice must state the outcome of the Review Hearing Committee's vote regarding each of the provider's claims. In addition, the notice must specifically state the reasons supporting the Review Hearing Committee's conclusions. Finally, if the majority of the Review Hearing Committee determines: i.That no part of the determination made by the Coalition was correct,the notice 23 CSC Scholarship Provider Contract (March 2015) must state provider is not required to take ftuther action. ii.That any part of the determination made by the Coalition is correct,the notice must identify the portion(s) determined to be correct. As applicable, the notice must also state: A. If corrective action is necessary, that the provider must take corrective action in regard to the part(s) which the Review Hearing Committee determines to be correct; and the revised deadlines for completion of the corrective action(s); B. If the provider's CSC Scholarship Contract or eligibility to offer theCSC Scholarship Program will be terminated, the date of termination. The decision of the Review Hearing Committee is final. 24 CSC Scholarship Provider Contract (March 2015) CSC SCHOLARSHIP PROVIDER CONTRACT FISCAL YEAR 2015- 2016 Eazly Learning Coalition drerfs Services Council Cd Palm Beach County 6,A C H C 0 U N T I Ithy.saft.sirens. 1. PARTIES AND TERMS OF CONTRACT I Parties. This Contract is made and entered into this 1 st day of July 2015 by and between the Early Learning Coalition of Palm Beach County, Inc. (herein referred to as "COALITION"), and Delray Beach Community Center owned b(herein referred to as "PROVIDER"), with its principal offices located at 50 N.W, 1 st Avenue, Delray Beach, Florida 33444 a. Employer Identification Number. Insert PROVIDER's EIN here: If PROVIDER does not have an EIN, PROVIDER must insert PROVIDER's Social Security Number(SSN)here . PROVIDER's EIN or S SN is requested in accordance with sections (ss.) I I 9.071(5)(a)2. and 119.092, F.S., for use in the records and data systems of the Office of Early Leaming and COALITION. Submission of PROVIDER's EIN or SSN is mandatory. PROVIDER's EIN or SSN will be used for processing payments to PROVIDER as a CSC Scholarship provider, for reporting those payments for federal tax purposes, and for routine identification. 2. Purpose. This Contract is designed to inforin PROVIDER of the requirements of participation in the CSC Scholarship Program. Payment is not conveyed to PROVIDER through this Contract. PROVIDER must agree to comply with the terms and conditions of this Contract in order to be eligible to participate in the CSC Scholarship program. This contract is to engage an eligible provider to provide CSC Scholarship services to eligible CSC Scholarship children. 3. Term.This Contract begins on July 1 st of the fiscal year(20 15 or on the date on which the Contract is signed by the last party required to sign the Contract, whichever occurs last, and the Contract ends on June 30' of the fiscal year(20 16 4. Payment Limitations. PROVIDER will not receive nor be entitled to payment for the CSC Scholarship program services perforrned before this Contract is Uly executed by both parties or after expiration of the Contract, 5. Applicable Law,Comply with all federal, state and local laws and regulations, as well as policies and requirements of the Coalition including but not limited to: rules and regulations of local fire and health authorities- the Palm Beach County Child Care Ordinance; applicable Workers' Compensation laws; the background screening requirements Florida Administrative Code and all applicable statues. The Provider represents and warrants that it has complied with all applicable background-screening requirements. Programs exempt from licensure are required to meet regulatory requirements and be monitored for adherence to the health and safety standards outlined in state licensing requirements. Failure to comply with federal, state or local laws or regulations may result in termination and/or non-payment of child care services. 6. Not Transferrable.This Contract is not transferrable or assignable to another entity,corporation, or owner without the prior written approval of the COALITION. A change in corporate ownership shall be deemed a transfer. Failure to obtain the prior written approval of COALITION shall be 1 CSC Scholarship Provider Contract(March 2015) considered an immediate and serious danger to the health, safety, or welfare of children, which is grounds for emergency termination of this Contract as described in paragraph 58. This Contract binds the successors, assigns, and legal representatives of PROVIDER and of any legal entity that succeeds to the obligations of the Children's Services Council of Palm Beach County (CSC), and COALITION. 11. PROVIDER ELIGIBILITY 7. General Eligibility a. Provider Type.To be eligible to deliver the CSC Scholarship program,PROVIDER must be one of the provider types identified below. Check the box to indicate PROVIDER's type: A child care facility licensed under s, 402.305, F.S. A family day care home licensed or registered under s. 402,313, F.S. A large family child care home licensed under s. 402.313 1, F.S. A public school or nonpublic school exempt from licensure under s.402.3025, F.S. A licensed before-school or after-school program described in s. 402.305(l) (c), F.S., El A license exempt or program that is not required to be licensed as described in Rule 65C-22.008, F.A.C., before-school or after-school program described in s. 402.305(l)(c), F.S., b. Eligibility Pursuant PROVIDER represents that PROVIDER, or an owner, officer, or board director thereof, has not been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of adjudication,public assistance fraud pursuant to s.414,39,F.S., within the last five(5) years and is not acting as the beneficial owner for someone who has been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s, 414.39, F.S., within the last five (5) years. e. Eligibility Pursuant PROVIDER represents that PROVIDER is not on the United States Department of Agriculture National Disqualified List nor does PROVIDER share an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List. 111. PROVIDER RESPONSIBILITIES AND SCOPE OF WORK S. Child Enrollment. PROVIDER agrees to enroll children for the CSC Scholarship Program only with written authorization from COALITION which will be provided in the form of a child care certificate. PROVIDER also understands that it will not be reimbursed for services provided to a child beyond the service begin and end date identified by COALITION on the child care certificate, or if the child's eligibility is terminated prior to the end date. PROVIDER also agrees to serve children enrolled into its CSC Scholarship program according to the services and location established by COALITION on the child care certificate indicating authorized hours of care. In the event that PROVIDER has multiple locations, PROVIDER shall notify and obtain approval 2 CSC Scholarship Provider Contract (March 2015) in writing from COALITION prior to changing the location where the child shall be served. 9. Child Care. PROVIDER agrees to provide child care to enrolled children at the care level designated by the child care certificate received from the COALITION. Pursuant to 45 C.F.R S. 98.2, child care is defined as the care given to an eligible child by an eligible child care provider. PROVIDER will comply with all applicable state and federal laws,regulations and other standards and requirements in providing child care services under this agreement. 10. Instruction and Activities. PROVIDER agrees to offer instruction and activities to enhance the age-appropriate progress of each child in attaining the child development standards established by the Florida Early Learning and Developmental Standards: Birth to Five, Fonn OEL-SR 30, adopted by the Office of Early Learning in Rule 6M-4.700,F.A.C.PROVIDER agrees to include activities to foster brain development in infants and toddlers;provide an environment that is rich in language and appropriate and child-friendly music and filled with objects of various colors, shapes, textures, and sizes to stimulate visual, tactile, auditory, and linguistic senses; and include at least thirty(30) minutes of reading to children each day. ** (Not applicable for School Age Children). 11. General Health and Safety. Provider agrees to provide a healthy and safe environment for children in care pursuant to s. 402.305(5), (6), and (7), F.S., as applicable, and as verified pursuant to s. 402.3 11, F.S. Licensed Providers: a. PROVIDER agrees to offer basic health and safety of its premises and facilities and compliance with requirements for age-appropriate immunizations of children enrolled in the CSC Scholarship program. PROVIDER's. compliance with ss. 402,305, 402.3131, or 402.313, F.S., satisfies this requirement. b. PROVIDER agrees to offer a healthy and safe environment pursuant to s. 402,305(5), (6), and(7), F.S., as applicable, and as verified pursuant to s. 402.311, F.S License exempt providers (including the school district): a. Public school. If PROVIDER is a public school, compliance with s. 1003.22, F.S., satisfies this requirement. b. Other License-Exempt Providers. If PROVIDER is exempt from licensure under ss. 402.316 or 402.3025, F.S.,PROVIDER shall annually complete the health and safety checklist. The PROVIDER agrees to post the checklist prominently on its premises in plain sight for visitors and parents, and submit it annually to COALITION no later than the date of the execution of the Contract and by July I"each year thereafter. 12. Staff to Children Ratio. PROVIDER agrees to maintain the required staff to child ratio in accordance with ss. 402.305(4), 402.302(8), or 402.302(l 1), F.S., as verified pursuant to s. 402.311, F.S. 13. Insurance. a. General liability insurance. PROVIDER agrees to maintain general liability insurance and provide the coalition with written evidence of general liability insurance coverage, including coverage for transportation of children if CSC Scholarship program children are transported by the PROVIDER. PROVIDER must obtain and retain an insurance policy 3 CSC Scholarship Provider Contract(March 2015) that provides a minimum of $100,000 of coverage per occurrence and a minimum of $300,000 general aggregate coverage. PROVIDER must add the coalition as a named certiflicate holder and as an additional insured. PROVIDER must provide COALITION with a minimum of ten (10) calendar days' advance written notice of cancellation of or changes to coverage, The general liability insurance required by this paragraph must remain in full force and effect for the entire period of this Contract. If the general liability insurance coverage required by this paragraph lapses, COALITION shall immediately terminate this Contract. b. Limitations on indemnification.If PROVIDER is a state agency or a subdivision thereof, as defined in s. 768.28(2),F.S.,PROVIDER agrees to notify the coalition of any additional liability coverage maintained by the provider in addition to that otherwise established under s. 768.28, F.S. PROVIDER shall indemnify COALITION to the extent permitted by s. 768.28, F.S. 14. Smoke Free Environment. In accordance with Part C of Public Law 107-110 (No Child Left Behind), the "Pro-Children Act of 200 1," no child care facility shall permit smoking within any indoor facility(or portion of such facility) operated by PROVIDER, to provide routine child care or early childhood development services to children. This does not apply to any portion of such facility that is used for a private residence. Individuals in viofation are subject to a $1,000 fine, administrative compliance or both. 15. Curriculum. PROVIDER agrees to use the following state-approved curriculum or curricula in the provision of the CSC Scholarship Program: Not applicable edition or date: Not applicabel If PROVIDER is offering school age programs exclusively,PROVIDER may insert' "Not Applicable" in the space provided. 16. Character Development Program. PROVIDER agrees to implement the following character development program to develop basic values- Not applicable edition or date: Not applicable If PROVIDER is offering school age programs exclusively, PROVIDER may inse rt "Not Applicable" in the space provided. 17. Developmental Screenings. PROVIDER acknowledges that PROVIDER is responsible for conducting developmental screenings for each child aged six weeks to kindergarten eligibility, PROVIDER must collaborate with COALITION to complete initial screening for each child, aged six weeks to kindergarten eligibility,within forty-five(45)days after the child's first or subsequent enrollment, to identify a child who may need individualized supports. PROVIDER acknowledges that COALITION is responsible for initiating individualized services, including but not limited to providing referrals, based on child screening results. Records relating to any screening or assessment coordinated or administered by the Provider, including but not limited to developmental screenings, shall be maintained for six (6) years after the date the child is last enrolled with the Provider. ** (Not applicable for School Age Children) Subsequent Screenings. PROVIDER acknowledges that PROVIDER,is responsible for subsequent screenings. Subsequent screening will be conducted at a minimum, annually in the month of the child's birthday or at time of redetermination and only with parental consent. ** (Not applicable for School Age Children) 18. Prohibited Forms of Discipline. PROVIDER agrees to implement minimum standards for chi I d 4 CSC Scholarship Provider Contract (March 2015) discipline practices that are age-appropriate and consistent with the requirements in s. 402.305(12), F.S. Such standards must provide that children not be subjected to discipline that is severe, humiliating or frightening. The discipline must not be associated with food, rest or toileting. Spanking or any other form of physical punishment is prohibited. Children may not be denied active play as a consequence of misbehavior. 19. Child Immunizations and Health Screenings. PROVIDER agrees that within thirty (30) calendar days of enrolling a child, PROVIDER will obtain and retain information from the parent regarding the child's age-appropriate immunizations, physical development and other health requirements as indicated on the Student Health Examination form DH 3040 and Florida Certification of Irrimunization form Part A-1, B, or C DH 680 or the Religious Exemption from Immunization forin DH 68 1. 20.Program Operation.If PROVIDER offers before-school or after-school programs, PROVIDER agrees those programs shall meet or exceed the requirements of s. 402.305(5), (6), and (7), F.S. As identified in Exhibit 2, PROVIDER agrees to operate on a full-time and part-time basis and provide extended-day and extended-year services to the maximum extent possible without compromising the quality of the program to meet the needs of parents who work. 21. Workers' Compensation and Unemployment Compensation. PROVIDER agrees to obtain and maintain any required workers' compensation insurance under Chapter 440, F.S., and any required reemployment assistance or unemployment compensation coverage under Chapter 443, F.S. PROVIDER agrees to provide the COALITION with evidence of worker's compensation insurance coverage. 22. Sign-In/Sign-Out Process. PROVIDER agrees to maintain daily attendance documentation, including a documented "sign-in/sign-out" process approved by COALITION and implemented by PROVIDER, and which accurately documents attendance and absences. PROVIDER agrees to retain the attendance documentation in accordance with COALITION's records retention requirement. 23. Child Absences. PROVIDER agrees to notify COALITION in writing if a child enrolled is absent for five (5) consecutive days with no contact from the parent by the close of the fifth (5 tb) day. If the need for care cannot be re-established, then the COALITION will notify the PROVIDER and the parent that CSC Scholarship funding will be discontinued. The end of eligibility for funded child care services will be fourteen (14) days from the fifth (5tb) day that the child was not in attendance with no contact from the parent. 24. Rilya Wilson Act and At-Risk Children. PROVIDER agrees to abide by the provisions of the "Rilya Wilson Act" (s. 39.604, F.S.) for each at-risk child under the age of school entry who is enrolled in the CSC Scholarship program. 25, Parental Choice. PROVIDER agrees that the parent has the right to choose the provider of child care services for his/her children. In the event the parent chooses to change to a different CSC Scholarship PROVIDER, it is within the parent's rights to do so. 26. Parental Access. PROVIDER agrees to afford authorized parents unlimited access to their children in CSC Scholarship programs, during normal hours of provider operation and whenever the children are in the care of the provider. Access may be subject to appropriate safety procedures. 5 CSC Scholarship Provider Contract (March 2015) 27. Quality Improvement Systems Afterschool Program Participation. a. Be an active participant in Prime Time Palm Beach County's (Prime Time) QIS (Quality Improvement System), b. Remain active in Prime Time's QIS. Active Participation in Prime Time's QIS is defined by: completion of annual external assessments; quarterly progress checks documented by a Prime Time Quality Advisor; full participation in Parts I and 11 of self-assessment and completion of a Program Improvement Plan within 90 days of external assessments. The Provider shall not be eligible for new CTC-A Scholarship fiands if it fails to comply with this paragraph. c. Maintenance level PROVIDERS in QIS may be eligible for a stipend contingent upon availability of funding and Prime Time's ability to provide the COALITION with all information necessary to generate the stipend in accordance with Prime Time's QIS Incentives Policy. The COALITION will pay the amount of the stipend to qualifying providers based upon information provided by Prime Time within a time frame agreed upon by CSC, the COALITION and Prime Time, but in no event later than the end of the first CSC fiscal quarter. The COALITION is not responsible for determining provider eligibility for the stipend, the amount of the stipend or financial reconciliation requirements of the QIS Incentive Policy. d. Prime Time's Manager of Incentives and Maintenance Level Programs and/or designee is solely responsible for the following: i. Designating applicable PROVIDERS participating in QIS as Maintenance level, Tier 1, Tier 2 or Tier 3. ii. Communicating this designation to a PROVIDER at such time as the designation is determined by Prime Time. iii. Communicating these designations to the COALITION in a mutually agreed upon template no later than October 1, 2015. iv. Determining the amount of the stipend based upon attendance and payment data provided by the COALITION using a formula agreed upon by CSC and Prime Time. V. Communicating the amount of the stipend to the COALITION,the PROVIDER and CSC. vi. Facilitating financial reconciliation requirements in accordance with QIS Incentive Policy. vii. Acting as the single point of contact for all PROVIDER questions about Maintenance/Tier level designation, stipend amount and financial reconciliations. Preschool Program Participation. a. Be active in Quality Counts as of December 31, 2014. PROVIDER is eligible for new enrollments through June 30, 2016. b. PROVIDERS that were previously active in Quality Counts and have been denied eligibility for Strong Minds are not eligible for new enrollments but are able to maintain current enrollments, c. PROVIDERS that are in Strong Minds with In Network status are eligible for new CSC Scholarship enrollments. d. PROVIDERS that are terminated in Strong Minds will not be eligible for new enrollments but will be able to maintain current enrollments. 6 CSC Scholarship Provider Contract(March 2015) 28. Statewide Information System. PROVIDER agrees to utilize the statewide information system, as available, to submit information and updates regarding the CSC Scholarship program. 29. Child Care Resource and Referral. PROVIDER agrees to participate in the annual update process coordinated by each Child Care Resource and Referral agency as described in Rule 6M- 9.300(5) and (6), F.A.C. 30. Direct Deposit. PROVIDER agrees to provide information necessary to facilitate direct deposit in order to receive CSC Scholarship reimbursement for services rendered. PROVIDER agrees to provide alternative reimbursement arrangements if PROVIDER chooses to opt out of Direct Deposit. 31. Deliverables Deliverable Tasks and Activities Due Date Payment 1. One Month of child Child enrollment activities per Monthly Per the level of services: care services the requirements in section III established by the child care certificate provided by the Instructions and activities per PROVIDER by the the requirements in section III COALITION; at the rates specified in Exhibit 2: Health and safety activities Provider Reimbursement per the requirements in section Rates; and documented III through an approved monthly a tendance report. 2. Monthly attendance Monthly attendance report Monthly by the N/A report submitted by the PROVIDER day indicated in to the COALITION per the Section VII requirements in section VII 3. Proof of If applicable: N/A Developmental Screening Applies to Developmental Screenings for Within 45 days PROVIDERS each child aged six weeks to after the child's responsible for kindergarten eligibility per the first or subsequent Developmental requirements in section 111. enrollment. screening as indicated in Section III Subsequent screenings Annually conducted annually in month of child's birthday. PROVIDER shall submit the Within thirty(30) child's screening results to the calendar days of COALITION completion of screening Enter the data into an electronic system Within sixty(60) calendar days PROVIDER shall provide in after screening writing the screening results for each child to the child's Darent, IV. COALITION RESPONSIBILITIES 7 CSC Scholarship Provider Contract (March 2015) 32. Training and Technical Assistance. COALITION will notify PROVIDER of the availability of training, technical assistance, and other targeted assistance in support of the provision of quality CSC Scholarship services. 33.Developmental and Subsequent Screenings. Applicable if PROVIDER is responsible for Developmental Screenings and Subsequent Screenings as indicated in paragraph 15. COALITION shall give notification to PROVIDER a minimum of thirty(30) calendar days prior to the date the child must be screened. COALITION will have staff persons available to explain screening results if required by a parent. 34. Child Eligibility. COALITION has ultimate responsibility for determining the eligibility of children enrolling in the CSC Scholarship program. COALITION will issue forms that make up a child care certificate (also known as a payment certificate) to the parent of each eligible child who enrolls in the CSC Scholarship program- 35.Monitoring. COALITION will monitor PROVIDER for compliance with this Contract and the provisions governing the CSC Scholarship program listed in paragraph 5. PROVIDER will be monitored in accordance with the COALITION monitoring plan, or in response to a parental complaint. 36.Audit Inquiry. The Children's Services Council of Palm Beach County (CSC) provides funds to the Coalition under this Contract. CSC requires that the Contractor, and all of its subcontractors, comply with any audit inquiry and records request by the Inspector General of Palm Beach County regarding all of its rights and obligations under this Agreement. Failure to comply shall be deemed a material breach of this Agreement. V.ACCESS 37. Physical Access. PROVIDER agrees to allow the CSC and COALITION staff or sub-contractors immediate access to the facilities and spaces used to offer the CSC Scholarship Program during norinal business hours, except as otherwise restricted by government facilities. 38. Records Access. PROVIDER agrees to allow CSC and COALITION staff or sub-contractors to inspect and copy records pertaining to the CSC Scholarship Program during normal business hours and upon request by COALITION, Records that are stored off-site shall be provided within seventy-two (72) hours. VI. MAINTENANCE OF RECORDS, DATA, AND CONFIDENTIALITY 39. Record Confidentiality. PROVIDER agrees to protect the Confidentiality of child and family information. PROVIDER agrees to have all staff complete confidentiality agreements and have processes in place to protect the privacy of child and family information. Confidentiality agreements will be maintained by the PROVIDER and provided to the COALITION upon request. For the purposes of records of children enrolled in the CSC Scholarship Program, this Contract is considered an interagency agreement for the purpose of implementing the CSC Scholarship Program. Accordingly,to the extent that PROVIDER receives CSC Scholarship records in order to carry out its official functions, PROVIDER must maintain and protect the data, and as explained below. Individuals and organizations eligible to receive records include PROVIDER, the parent, COALITION, and CSC. 8 CSC Scholarship Provider Contract (March 2015) 40. Record Maintenance. PROVIDER agrees to maintain records, including sign in and sign out documentation, enrollment and attendance certification, documentation to support excused absences and proof of parent co-payments for children funded by the CSC Scholarship program. The records must be maintained for audit purposes for a period of six(6) years from the date of the last reimbursement request for that fiscal year or until the resolution of any audit findings or any litigation related to this Contract, whichever occurs last. PROVIDER may maintain records in an electronic medium and if the PROVIDER does so, then the PROVIDER shall back up records on a regular basis to safeguard against loss. 41. Record Transfer on Termination. In the event that PROVIDER permanently ceases to offer the CSC Scholarship program before the conclusion of the retention period for CSC Scholarship records as described in paragraph 40, whether as a result of unilateral or mutual termination of PROVIDER's eligibility to offer the CSC Scholarship program or as a result of PROVIDER ceasing to do business, PROVIDER shall transfer all CSC Scholarship records required to be maintained under paragraph 40 to COALITION no later than the close of business on the day PROVIDER ceases to offer the CSC Scholarship program. VII. COMPENSATION and FUNDING 42. Method of Payment. PROVIDER reimbursement for eligible children will be based on the child care certificate(also known as a payment certificate) issued by COALITION and presented by a parent, and through the use of the procedures outlined herein. 43.Reimbursement Rates Established. PROVIDER agrees to provide documentation of its published private child care rates included in Exhibit 2.PROVIDER agrees to accept the approved PROVIDER reimbursement rate which is the lesser of the COALITION maximum reimbursement rate established by COALITION and approved by Office of Early Learning, identified in Exhibit 2. PROVIDER is paid based on budget availability, at the approved PROVIDER reimbursement rate less any parent co-payments assessed by COALITION as reflected on the childcare certificate. 44. Parent Fees. a. Afterschool: The required co-payment is $1.80 per day,regardless of full or half day, for the first child in the family and $.90 per day for each additional child in the family.The Coalition will deduct the co-payment from the rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent co-payment. b. Preschool: The authorized sliding scale parent fee shall be deducted from the negotiated rate before payment is made to the Provider. It shall be the responsibility of the Provider to collect the parent fee. 45. Gold Seal Rate. PROVIDER agrees to provide documentation of its Gold Seal Quality Designation.Gold Seal providers shall receive the Gold Seal rate identified in Exhibit 2 for all care levels which have received a Gold Seal Quality Designation. 46. Rate Changes and Limitations. PROVIDER agrees to report any changes in its published child care rates or its Gold Seal status, if applicable. PROVIDER acknowledges that COALITION is prohibited from making payments, inclusive of Gold Seal, which would cumulatively exceed PROVIDER's private payment rate. In the event that any information submitted by PROVIDER in Exhibit 2 changes, PROVIDER must notify COALITION in writing of the change no later than 9 CSC Scholarship Provider Contract (March 2015) close of business on the day of the change. COALITION may amend PROVIDER's reimbursement rate based on the information submitted by PROVIDER or any of the factors identified in this paragraph. COALITION must notify PROVIDER, in writing, of any change in reimbursement rate at least thirty(30) calendar days before the change is implemented. 47. Rates and Fees for Parents. PROVIDER acknowledges that it is prohibited from charging parents receiving CSC Scholarship services a higher rate than that charged to private pay parents. In addition to the parent co-payment assessed by COALITION, PROVIDER must provide the parent with a list of any fees it charges and, if applicable, written notice of the difference between the private pay rate and CSC Scholarship reimbursement,prior to the parent enrolling his/her child in PROVIDER's CSC Scholarship program. PROVIDER is prohibited from charging any fees other than the parent co-payment or those fees provided to the parent on the fee list described above. 48. Co-payment. a. Co-payment Amount. The amount of the co-payment to be collected for each child is included on his or her child care certificate. In the event that an assessed parent co-payment is changed by the COALITION,COALITION shall send the PROVIDER written notice of the change. Only co-payment changes from the COALITION are valid. b. Co-payment Assessment and Collection. Assessed parent co-payments are automatically deducted from PROVIDER's monthly reimbursement. PROVIDER is responsible to collect the assessed parent co-payments. c. Co-payment Documentation. PROVIDER must give the parent a receipt for each co-payment made by the parent and retain receipt records for all child care co-payments. Upon request, PROVIDER shall provide a current accounting and copy of co-payment receipt records to the COALITON.COALITION will use this documentation to ensure parents who transfer their children to another child care provider have met their co-payment obligations before receiving additional CSC Scholarship services. 49. Holiday Schedule. PROVIDER agrees to follow the holiday schedule approved by COALITION for PROVIDER's program, which includes days per year as set forth in Exhibit 3: Holiday Schedule and understands that these are the only holidays for which PROVIDER will receive reimbursement, Reimbursement may be made for up to twelve (12) recognized holidays per year. 50.Attendance Documentation Submission. PROVIDER agrees to submit monthly attendance reports for payment. PROVIDER agrees to submit all required attendance records to COALITION on or before the third (3d) business day of each month. If the due date falls on a holiday, PROVIDER agrees to submit all required attendance records to COALITION on the preceding business day. Records submitted late will be processed and paid in the next open payment cycle. 51. Reimbursement Summary Review. PROVIDER agrees to review the reimbursement summary provided with the monthly reimbursement statement. PROVIDER agrees to report to COALITION any discrepancy, overpayment, or underpayment within sixty (60) calendar days of transmission of the reimbursement summary. For the month of Sotember 2015 PROVIDER 10 CSC Scholarship Provider Contract(March 2015) agrees to report to COALITION any discroancy, overpayment or undelpayment by October 23, 2015 any discrepancy rel2orted after this date will not be processed. 52. Emergency Temporary Closure. Report any temporary closures of the Provider's facility to the COALITION in advance if the temporary closure is planned,or by the close of business on the day of the closure if the temporary closure is not planned in advance. If the closure is extended the PROVIDER must notify COALITION within 2 days of reopening the facility as to the status and availability. 53.Disallowed Costs. Any disallowed expenditure may be deducted from any future reimbursement. PROVIDER agrees to return to COALITION any funds received as a result of error or overpayment or disallowed cost. If PROVIDER ceases to offer the CSC Scholarship Program before the payment is fully recovered, PROVIDER agrees to return the funds it was overpaid. If PROVIDER fails to return the funds it was overpaid,PROVIDER shall be subject to collection efforts and/or funds may be obtained from other early leaming programs. PROVIDER shall have an opportunity to substantiate or appeal the decision of a questioned or disallowed cost. Any unresolved questioned costs may become disallowed costs. VIII. FINANCIAL CONSEQUENCES 54.As a result of PROVIDER's failure to provide the minimum level of services required by this Contract, COALITION shall temporarily withhold reimbursement, disallow all or part of services not in compliance with the terms of this contract or terminate the contract. IX. NONDISCRIMINATION 55.Discrimination Prohibited. PROVIDER agrees not to discriminate against children, families and staff on the basis of race, national origin, ethnic background, sex, religious affiliation, or disability. PROVIDER will comply with the terms of 45 CT.R. §98.47 regarding non- discrimination against staff persons on the basis of religion. X. NONCOMPLIANCE,PROBATION AND TERMINATION 56. Noncompliance Determination. a. Corrective Action Notice. If COALITION detennines PROVIDER has failed to comply with the provisions governing the CSC Scholarship program as described in paragraph 5 or the requirements of this Contract, and COALITION concludes that corrective action will resolve the failure to comply, COALITION must notify PROVIDER in writing. ("Corrective action"means implementation of specific action(s) designed to correct the failure to meet a specific requirement.) The notice must identify the specific requirement(s) which PROVIDER failed to meet and describe how PROVIDER failed to meet each requirement. In addition, the notice must provide a detailed description of any required corrective action and set a deadline for completion of the corrective action. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. Upon determining that the PROVIDER has satisfactorily completed the corrective action, the COALITION shall notify the PROVIDER in writing. 11 CSC Scholarship Provider Contract (March 2015) b. Probation. If COALITION concludes that PROVIDER has received a corrective action notice for the same violation two or more times or have had multiple corrective action plans within the contract year or if the corrective action plan is not completed within the prescribed timclines, PROVIDER shall be placed on probation for a period up to six (6) months. Probation may include one or more of the following conditions: training or staff development, monitoring or technical assistance by COALITION or submission of documentation related to the violation. COALITION must notify PROVIDER in writing of the terms and duration of the probation, including required timelines. The terms of the probation must correlate to the basis of the corrective action. 57. Termination for Cause. a. Basis of Termination for Cause. PROVIDER agrees that COALITION has the right to terminate this Contract for cause at any time. The following are grounds for termination for cause: (a) Action, or lack of action, which threatens the health, safety or welfare of children; (b) The material failure to comply with the terms of this Contract, including, but not limited to, failure to implement corrective action or comply with the terms of probation as described in paragraph 56 above; (c) The refusal to accept any notice described under this Contract which COALITION is required to send to PROVIDER; or (d) Reasonable or probable cause for COALITION to suspect that fraud has been committed by PROVIDER as described in paragraph 63. b. Notice of Termination for Cause. In order to terminate PROVIDER for cause, COALITION must send a written notice of termination for cause to PROVIDER. Such notice must be sent, with proof of delivery, at least five (5) business days before termination. The notice must state the date of, and the specific basis for, termination. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. Notwithstanding PROVIDER's refusal of delivery of the notice, this Contract shall be terminated on the date identified in the notice. COALITION shall document any refusal of delivery. 58. Emergency Termination. COALITION must immediately terminate this Contract on an emergency basis upon notification by the Department of Children and Families (DCF) or local licensing agency that actions or inactions of a PROVIDER pose an immediate and serious danger to the health, safety, or welfare of children. COALITION will terminate this Contract on an emergency basis by sending PROVIDER written notice of emergency termination at least twenty-four (24) hours prior to termination. The written notice must specifically state the basis of COALITION's determination. Finally, the notice must state that PROVIDER may request a review of the determination as described in paragraph 64. 59. Revocation of Eligibility. If PROVIDER's Contract is terminated under paragraph 56., 57., or 58., COALITION may revoke PROVIDER's eligibility to deliver the CSC Scholarship program for a period of five (5) years. In determining whether to revoke PROVIDER'S eligibility, the COALITION may consider the following factors: the severity of the PROVIDER'S actions leading to the termination of the contract, the health, safety and welfare of children enrolled at the PROVIDER, the financial impact of the PROVIDER'S actions, the impact that the revocation would have upon the local community, consistency with COALITION'S actions against other PROVIDERS for similar violations of the Contract or program requirements, the length of time 12 CSC Scholarship Provider Contract (March 2015) that PROVIDER provided services under contract with the COALITION, and whether the PROVIDER had previously violated there tenns of this Contract and prior contracts with the COALITION. COALITION shall provide notice of its intent to revoke PROVIDER'S eligibility at the same time that it provides written notice of intent to terminate the contract to PROVIDER. 60. Termination of Contract by Provider. PROVIDER and COALITION may agree to terminate this Contract by mutual consent or PROVIDER may unilaterally terminate this Contract at will. Written notice of termination must be given and alternative arrangements for uninterrupted services shall be made at least thirty (30) calendar days before the termination date for children served under this Contract. If sufficient notice of termination is not provided, COALITION may refuse to issue the final reimbursement payment to PROVIDER. 61. Appropriation. Any obligation for payment under this Contract is contingent upon an appropriation by the Children's Services Council of Palm Beach. If funds required to finance this Contract are unavailable,COALITION shall terminate this Contract after providing written notice, with proof of delivery, at least twenty-four(24) hours before termination of this Contract. In. the event of termination of this Contract under this paragraph, PROVIDER shall be paid for the documented CSC Scholarship hours completed prior to termination of this Contract. 62. Eligible Child Care Provider. In order to receive local scholarship funds under this Contract, PROVIDER must be an eligible child care provider. Failure to maintain status as an eligible child care provider shall be considered an immediate and serious danger to the health, safety, or welfare of children, which is grounds for emergency termination of this Contract as described in paragraph 58. PROVIDER certifies that the location at which PROVIDER offers the CSC Scholarship program is an eligible child care provider. PROVIDER agrees to notify COALITION immediately if it ceases to be an eligible child care provider. 63. Fraud. a. Anti-Fraud Plan. PROVIDER agrees to comply with the anti-fraud plan established by COALITION in accordance with s. 1002.91, F.S. b. Payment Certificate Fraud Investigation. If it is determined that PROVIDER has given any cash or other consideration to the beneficiary in return for receiving a payment certificate, COALITION or its fiscal agent shall refer the matter to the Department of Financial Services pursuant to s. 414.411, F.S., for investigation. c. Suspension for Suspected Fraud. COALITION may suspend or terminate PROVIDER from participation in the CSC Scholarship program when it has reasonable cause to believe that PROVIDER has committed fraud. PROVIDER may request a review of COALITION's determination to suspend PROVIDER as described in paragraph 64. If suspended, PROVIDER shall remain suspended until the completion of any investigation by the Office of Early Learning, the Department of Financial Services, or any other state or federal agency, and any subsequent prosecution or other legal proceeding. d. Termination for Fraud. If PROVIDER, or an owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or noto contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., or is acting as the beneficial owner for someone who has been convicted of, found guilty 13 CSC Scholarship Provider Contract (March 2015) of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S., the COALITION shall refrain from contracting with, or using the services of, PROVIDER for a period of five (5) years. In addition, COALITION shall refrain from contracting with, or using the services of, any provider that shares an officer or board director with a provider that is convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. for a period of five (5) years. c. Termination for National Disqualification. If PROVIDER is placed on the United States Department of Agriculture National Disqualified List, COALITION must terminate this Contract for cause. In addition, if PROVIDER shares an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List, COALITION must terminate this Contract for cause. 64. Due Process Procedures. PROVIDER may request a review of determinations made by COALITION under this Contract. Reviews will be conducted in accordance with Exhibit 4: Due Process Procedures. While a request for a review is being examined, PROVIDER is not required to implement corrective action. PROVIDER may not offer any CSC Scholarship services while a request for a review regarding termination of PROVIDER's CSC Scholarship Contract is being examined. 65.Litigation and Venue. In the event that PROVIDER believes that this Contract has been inappropriately terminated, or in the event of a breach of this Contract, any available remedies may be pursued in a court of competent jurisdiction. COALITION and PROVIDER agree that any litigation related to this Contract which is brought by COALITION or PROVIDER will be brought in a county within COALITION's geographical service area. XI. NOTIFICATION 66.Information Change Notification. PROVIDER agrees to report any changes in contact or program information within fourteen (14) calendar days or temporary emergency closings of the CSC Scholarship program within two (2)calendar days. Permanent business closings or changes in business location or ownership must be reported at least thirty (30) calendar days prior to changes. PROVIDER agrees to provide program and business information annually for inclusion in the Child Care Resource and Referral Network and is responsible for ensuring that COALITION has up-to-date business and contact (including emergency contact) information. 67. Unusual Incident Notification. PROVIDER agrees to report unusual incidents to COALITION by no later than the close of business on the next business day of the unusual incident and to submit a written report to COALITION within three(3)business days from the date of the incident. For licensed providers, sending a copy of the incident report submitted for DCF to COALITION shall constitute compliance with this paragraph. An unusual incident is any significant event involving the health and safety of children under PROVIDER's care. Examples of unusual incidents include: accusations of abuse or neglect against PROVIDER or PROVIDER's staff, the injury of a child which requires professional medical attention at PROVIDER's site or written notification from the child's parent that the child received professional medical attention; and when PROVIDER receives notice of litigation where PROVIDER is named party or defendant and which relates to the PROVIDERs operation at any location at which CSC Scholarship services are being provided. 14 CSC Scholarship Provider Contract (March 2015) 68. Notification of Disqualification or Public Assistance Fraud. a. PROVIDER shall notify COALITION within five(5)calendar days if the PROVIDER is placed on the United States Department of Agriculture National Disqualified List, or if PROVIDER shares an officer or board director with a provider that is on the United States Department of Agriculture National Disqualified List. b. PROVIDER shall notify COALITION within five (5)calendar days if PROVIDER, or an owner, officer, or board director thereof, is convicted of, found guilty of, or pleads guilty or nolo contendcre to,regardless of adjudication,public assistance fraud pursuant to s. 414.39, F.S., or is acting as the bencficial owner for someone who has been convicted of, found guilty of, or pleads guilty or nolo contendere to, regardless of adjudication, public assistance fraud pursuant to s. 414.39, F.S. 69. Contact Persons. a. Coalition Contact. The representative for COALITION for the purposes of this Contract is Provider Services Manager who can be contacted at 561-214-8000 or by email at Provider.Se rvices(cDe 1cpalm beach.ora b. Provider Contact. The representative for PROVIDER for the purposes of this Contract is Tonya Smith who can be contacted at 561-243-724� or by email at srnithtc(@rnvdelraybeach&om c. Contact Change.In the event that either party designates different representatives after execution of this Contract, notice of the name and contact information of the new representative will be rendered in writing to the other party within ten (10) calendar days of change. XII. INDEMNIFICATION 70. PROVIDER shall be fully liable for and inderm-rify, defend and hold harmless COALITION,C S C and all of their officers, directors, agents, contractors, subcontractors and employees from and against any and all third-party claims, suits, actions, damages, judgm ents and costs that arise whether in law or in equity, from any of the PROVIDER's agents, subcontractors or employees' acts, actions, neglect or omission during the performance or operations under this Contract or any subsequent modification thereof. This includes attorney's fees and costs. This indemnification holds whether liability is direct or indirect and whether damage is to any person or real or personal tangible or intangible property. If PROVIDER is a state agency, public school or school district, this paragraph is limited to the extent required by s. 768.28, F.S. XIII. SEVERABILITY 7 1. If any provision of this Contract is held to be unenforceable by a court of competent jurisdiction, the remaining terms and conditions remain in full force and effect. XIV. NO AMENDMENTS 15 CSC Scholarship Provider Contract (March 2015) 72.No attachments, amendments, or supplements to this Contract are authorized or permitted, except those specifically incorporated by reference in this form, including; Exhibit 1: Required Documentation; Exhibit 2: Provider Reimbursement Rates; Exhibit 3: Holiday Schedule; and Exhibit 4: Due Process Procedures (Remainder of thispage intentionally left blank.) 16 CSC Scholarship Provider Contract (March 2015) XIV. EXECUTION OF CONTRACT PROVIDER has caused this Contract to be executed as of the date set forth in Paragraph 1. By signing below, PROVIDER hereby certifies that PROVIDER has read and understood this Contract. PROVIDER certifies that all information provided is true and correct and agrees that noncompliance with the requirements of the CSC Scholarship program including, but not limited to the requirements of this Co ntract, and all Exhibits and authorized attachments, shall result in corrective action, withholding of funds, or termination of this Contract at the discretion of COALITION, in accordance with Section X. Warranty of Authority. Each person signing this contract warrants that he or she is duly authorized to do so and to bind the respective party to the contract. Cary D. Glickstein Signature of PresidentNice President/ Print Name Secretary/Ofricer/Owner/Principal/or Other Authorized Representative [:1 By Electronic Signature City of Delray Beach, Florida. Mayor Title Date Noel Pfeffer Provider's Additional Signatory(If required by Print Name the Provider) 0 By Electronic Signature City of Delray Beach, Florida Attorney Title Date COALITION has caused this Contract to be executed as of the date set forth in paragraph 1. Signature of Authorized Coalition Representative Print Name F] By Electronic Signature Title Date 17 CSC Scholarship Provider Contract(March 2015) Exhibit 1. Required Documentation Provider Name: PROVIDER must mark the appropriate box in each section or subsection below. 1. Private Child Care Rates 7X PROVIDER has provided a copy of its private child care rate information to COALITION with this Contract. 2. Gold Seal Rates F-1 PROVIDER has provided a copy of documentation related to its Gold Seal status, if applicable, to COALITION with this Contract. FXJ PROVIDER does not possess a Gold Seal Quality Care Designation. 3. Documentation of Eligible Child Care,Provider Private Providers [XI PROVIDER has provided a copy of its Certificate of Licensure which includes a DCF identification number. PROVIDER has provided a copy of its Letter of Confirmation which includes a DCF exemption number. F-1 PROVIDER has provided a copy of its certificate of accreditation. F� PROVIDER certifies that it is not regulated by DCF and therefore does not require documentation from DCF. Public School, Private School,and Charter School Providers PROVIDER is a public school and has provided a copy of documentation showing its school district and public school number. PROVIDER is a private school and has provided a copy of its Certificate of Licensure which includes a DCF identification number or a Letter of Confirmation which includes a DCF exemption number. F1 PROVIDER is a charter school and has provided a copy of its charter which includes preschool aged children as a service population and documentation showing its school district and school number. 4. Insurance Requirements PROVIDER has provided evidence of liability insurance. PROVIDER has provided evidence of transportation insurance(as applicable) PROVIDER has provided evidence of workers' compensation insurance (as applicable) 5. FX-1 IRS W-9 Form (Request for Taxpayer Identification Number). 6. Documentation of signature authority. 7. Current Sunbiz print-out identifying the office, director or authorized person(s). 18 CSC Scholarship Provider Contract(March 2015) Exhibit 2: Provider Reimbursement Rates Provider Name: Delray Beach Community Center owned by City of D Provider Operational Hours: 2:00pm - 6:00prn PROVIDER must mark whether or not it has a Gold Seal Quality Care Designation. Finally, PROVIDER must complete the table below marked "To be completed by PROVIDER." COALITION will complete the remainder of the Exhibit. Does PROVIDER have a Gold Seal Designation? E]Yes ZNo PROVIDER's Private Pay Rates (To be completed by PROVIDER) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) <12 MTH 12<24 24<36 36<48 48<60 60<72 In School MTH MTH MTH MTH MTH Full-Time Daily Rates 12.50 12.50 Part-Time Daily Rates 11.00 11.00 Before or /A N/A N/A N/A After School Rates COALITION Maximum Reimbursement Rates (To be completed by COALITION) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCH) <12 MTH 12<24 24<36 36<48 49<60 60<72 In School MTH MTH MTH MTH MTH Full-Time Daily Rates $28.76 $25.25 $20.89 $20.48 $20.27 $20.27 $19.86 Full-Time Gold Seal $34.51 $30.29 $25.07 $24.58 $24.32 $24.32 $23.83 Daily Rates Part-Time Daily Rates $22.91 $21.68 $16.62 $16.21 $16.01 $16.01 $10,44 Part-Time Gold Seal $27.49 $26.02 $19.94 $19A5 $19.21 $19.21 $12.53 Daily Rates Before or N/A N/A N/A N/A After School $lUl $16.01 $10.44 Rates Full-Time N/A N/A N/A N/A VPK Wrap $14.90 $14.74 $14.74 Rate Part-Time N/A N/A N/A N/A VPK Wrap $8.11 $8.00 $8,00 Rate 1 19 CSC Scholarship Provider Contract (March 2015) Approved PROVIDER Reimbursement Rate* (To be completed by COALITION) CARE LEVEL (INF) (TOD) (2YR) (PR3) (PR4) (PR5) (SCII) <12 MTH 12<24 24<36 36<48 48<60 60<72 In School MTH MTH MTH MTH MTH Full-Time Daily Rates $0.00 $0.00 $0.00 $0.00 $0.00 $12.50 $12.50 Part-Time Daily Rates $0.00 $0.00 $0.00 $0.00 $0.00 $11-00 $10.44 Before or N/A N/A N/A N/A After School $0.00 $0.00 $0.00 Rates Full-Time N/A N/A N/A N!A VPK Wrap $14.90 $14.74 $14.74 Rate Part-Time N/A N/A N/A N/A VPK Wrap $8.11 $8.00 $8.00 Rate I *Note: Rate PROVIDER will bepaid shall not exceed PROVIDER's Private Pay Rates,for each category. Effective Date of Rates Established in This Exhibit 07/01/2015 20 CSC Scholarship Provider Contract(March 2015) Exhibit 3: Holiday Schedule Provider Name: Delray Beach Community Center owned by City of D Holiday Date Observed Independence Day 07/03/2015 Labor Day 09/07/2015 Thanksgiving Day 11 /26/2015 Christmas Day 12/25/2015 New Year's Day 01 /01 /2016 Memorial Day 05/30/2016 Floating Reimbursable Holiday 11 /25/2015 Floating Reimbursable Holiday 11 /27/2015 Floating Reimbursable Holiday 12/23/2015 Floating Reimbursable Holiday 12/24/2015 Floating Reimbursable Holiday 12/30/2015 Floating Reimbursable Holiday 12/31 /2015 If the holiday falls on a Saturday, the holiday is observed on the Friday preceding the holiday. If the holiday falls on a Sunday, the holiday is observed on the Monday following the holiday. 21 CSC Scholarship Provider Contract(March 2015) Exhibit 4: Due Process Procedures Provider Name: Delray Beach Community Center owned by Cil 1. Purpose of Exhibit. Early Learning Coalitions are responsible for the local implementation of early learning programs funded with state, federal, and local funds, such as the School Readiness Program, CSC Scholarship and Voluntary Prekindergarten Education Program. Providers of such early learriing programs may request a review of determinations made by an Early Learning Coalition in accordance with the due process procedures described below. 2. Request for Review Hearing. If a provider disputes any action taken by the Coalition pursuant to the terms of the CSC Scholarship Provider Contract, the provider may request a review hearing in writing by sending it to the contact person listed in the Coalition's action, A review hearing is a "meeting" for the purposes of the Sunshine Law which is subject to public notice. During a review hearing, the provider will have a reasonable opportunity to address Coalition staff-persons or sub-contractor staff regarding the Coalition's action and to present supporting evidence before a Review Hearing Committee. Provider may have an attorney present at the review hearing to represent or advise the provider. a. Content of Request for Review Hearing. The request for review hearing must state: the name and contact information of an individual authorized to provide information and binding responses on behalf of provider; the specific action by the Coalition that the provider disputes, the specific reasons for the provider's belief; and whether the provider will be represented by an attorney or another individual during the review hearing. b. Request Time. The provider's request for a review hearing must be submitted in writing to the Coalition within five (5) business days of receipt of notice of the determination which the provider believes to be incorrect. c. Supporting Documentation. The provider must send copies of any written documentation supporting the claims of the provider. Examples of relevant documentation may include, but are not limited to, attendance documentation, notarized attestations from parents, documentation from licensing or accrediting bodies, documents demonstrating dates of information submission, and a proposed corrective action plan. 3. Implementation of Review. If the Coalition receives a request for review hearing from the provider,the Coalition must address the request by taking the following steps. a. Assignment of Review Hearing Committee. Within three (3) business days of receipt of a request for review hearing, the Coalition must assign a Review Hearing Committee to complete the review. The Review Hearing Committee must be composed of at least three but no more than five members of the Coalition Board. The Chair of the ELC shall appoint the Review Hearing Committee and shall name the chair of the committee.Three of the members must be a mandatory member as set forth in section 1002.83(4) with at least one provider representative member. 22 CSC Scholarship Provider Contract �March 2015) b. Response to Request for Review Hearing. Within five (5) business days of receipt of the request for review hearing, the Coalition must respond to the provider in writing, return receipt requested. The notice must include at least three(3)proposed dates and times for the review hearing which must be within forty-five (45) days of the date of receipt of the request for review hearing. The notice must also state that the review hearing may be conducted in person at a location designated by the Coalition or via any method of telecommunications, as long as the public is given reasonable access to observe and, when appropriate, participate. Finally, the notice must state whether or not all of the Coalition staff persons or sub-contractor staff whom the provider wishes to have present during the hearing will be made available. If any individual who the provider requested to have present is not available, the Coalition must make available an individual who is qualified to address the subjects the provider wished the individual to address. c. Date and Location Selection. Within five (5) business days of receipt of the response to a request for review hearing,the provider must inforin the Coalition of the date and time which it selects for the review hearing and whether the provider will attend the meeting in person or via a method of telecommunication. Within five (5)business days of receipt of the response to a request for review hearing, if the provider is unable to attend any of the proposed dates and times for the review hearing, the provider must submit written notice which states the specific reasons that provider is unable to attend and must contact the Coalition to select a mutually agreed upon date for the review hearing. If the provider does not inform the Coalition of the date and time within the required time period, then the process is considered complete and the request is denied. d. Conducting the Review Hearing. The Review Hearing Committee shall assess the claim(s) the provider made in its request for review by examining all information and documentation submitted by the provider. The provider must be given a reasonable opportunity to question Coalition staff-persons or sub- contractor staff regarding the determinations of the Coalition and to present evidence before the Review Hearing Committee. The Coalition will also be provided a reasonable opportunity to submit evidence to rebut any claims made by the provider. e. Notice of Review Hearing Conclusion.Following completion of the presentation by the provider and the Coalition, the Review Hearing Committee will vote regarding each of the provider's claims. The Review Hearing Committee must also appoint a Review Hearing Con-tinittee member or a Coalition staff person to prepare a written notice of the review hearing conclusion. (If the notice is developed by a Coalition staff person, the notice must be reviewed by the Review Hearing Committee in a subsequent public meeting and approved before being sent to the provider.) The written notice must state the outcome of the Review Hearing Committee's vote regarding each of the provider's claims. In addition, the notice must specifically state the reasons supporting the Review Hearing Committee's conclusions. Finally, if the majority of the Review Hearing Committee determines: i.That no part of the determination made by the Coalition was correct,the notice 23 CSC Scholarship Provider Contract (March 2015) must state provider is not required to take ftuther action. ii.That any part of the determination made by the Coalition is correct,the notice must identify the portion(s) determined to be correct. As applicable, the notice must also state: A. If corrective action is necessary, that the provider must take corrective action in regard to the part(s) which the Review Hearing Committee determines to be correct; and the revised deadlines for completion of the corrective action(s); B. If the provider's CSC Scholarship Contract or eligibility to offer theCSC Scholarship Program will be terminated, the date of termination. The decision of the Review Hearing Committee is final. 24 CSC Scholarship Provider Contract (March 2015) MEMORANDUM W TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Jeffrey S. Goldman, Police Chief THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 7.H.-REGULAR COMMISSION NWETING OF JUNE 16,2015 GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) BACKGROUND The Police Department is asking approval to apply for the 2015 Edward Byrne Memorial Justice Assistance Grant in the amount of $34,516.00. If awarded, these funds will assist in funding police overtime for the annual Holiday Robbery Task Force. This is an annual renewal of a grant we have received for the last several years, and there is no match requirement. Funding eligibility is based on a formula, and the Delray Beach Police Department is requesting the full allocation available to us this year. The Holiday Robbery Task Force has been in operation since 1997 and runs annually from Thanksgiving through New Year's Day to provide saturation of patrol units in all shopping centers within the City and for First Night. This patrol effort has reduced crime during the holiday season, when crimes of opportunity tend to increase, and has historically been funded through this JAG award. DISCUSSION The Police Department seeks approval to submit an application for the 2015 Edward Byrne Memorial Justice Grant in the amount of$34,516.00. If awarded, the program reimburses overtime for the annual Holiday Robbery Task Force up to the awarded amount. OPERATING COST N/A TIMING OF THE REQUEST This request is time sensitive due to application deadline of June 26, 2015. FUNDING SOURCE The reimbursable overtime for FY 15/16 will be funded inOOI-2115-521-14.20 account. Reimbursement is provided through the U.S. Department of Justice's Edward Byrne Memorial Justice Assistance Grant(JAG)Program. RECOMMENDATION Motion to approve application for the 2015 Edward Byrne Memorial Justice Grant in the amount of $34,516.00. If award is received, it will assist in funding police overtime for the annual Holiday Robbery Task Force. Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2015 Local Solicitation CFDA#16.738 Delray Beach Police Department Program Narrative Attachment#2 The Delray Beach Police Department's Holiday Robbery Task Force has been operational since 1997. This Task Force runs annually from Thanksgiving through New Year's Eve and provides a saturation of patrol units in all shopping centers within the City of Delray Beach for crime prevention purposes. The Police Department provides high profile visibility, utilizing approximately 100 different officers throughout the holiday season. During the course of the program in 2014, over seven hundred and ninety-nine hours were dedicated to this project. The Holiday Robbery Task Force serves as an important deterrent, reducing the number of serious crimes during the Holiday Season when crimes of opportunity tend to increase. In addition, the presence of officers, employing community policing techniques, is expected to make citizens and visitors feel more secure. If a crime should occur, officers are on site and available to intervene. During the 2015 holiday season, we expect the Holiday Robbery Task Force to be deployed in the following commercial areas: Delray Crossings Plaza (with the anchor stores of Target, Outback, and Steak-n-Shake restaurants), Super Walmart, Delray Square, Boca/Delray Plaza, Delray West Plaza, Pines West Plaza, Plaza Delray (with the anchor stores of Publix Supermarket, Regal Cinemas, and Staples), and the Downtown Delray Beach business/art district with I specialty shopping and restaurants (inclusive of Atlantic Avenue from Swinton Avenue to the Intracoastal Coastal Waterway). In recent years, the City of Delray Beach has faced economic hardships, similar to other municipalities nationwide. Each year, the City faces increasing costs and funding restrictions. Funding through this JAG award is necessary to continue operating the Holiday Robbery Task Force at its current level. The projected cost to continue the Holiday Robbery Task Force for 2015 is anticipated to remain on par with the prior year, and the number of officers needed for this project will remain approximately the same. Last year's total cost was $40,776, with $39,085 funded through the FY 2014 JAG and the remainder being funded by the City. For the upcoming FY 15/16, we are requesting that the full JAG allocation of $34,516 go towards funding this important program. All additional program costs, including other benefits, will be funded by the City. 2 Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2015 Local Solicitation CFDA#16.738 Delray Beach Police Department Project Abstract Attachment#1 Applicant Name: City of Delray Beach Implementing Organization: Delray Beach Police Department Project Title: Holiday Robbery Task Force In order to support the Department's operational plan for the Holiday Robbery Task Force, we are requesting funding for the cost of overtime for officers who will be deployed in the targeted areas. These officers will work to provide crime prevention through high visibility patrols and community policing strategies. The goal of the project is to reduce crime and the risk of victimization as well as to make citizens and visitors ftel more secure. If a crime should occur, officers are on site and available to intervene. Based on prior years, we anticipate the program will cost over $35,000 in overtime and FICA. We are requesting the full allocation of$34,516 to support this program. Of that, $31,876 would directly fund overtime costs and $2,640 would support the cost of FICA. All additional costs, including other benefits, will be funded by the City. Overtime Community Policing Crime Prevention Victimization Task Forces Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2015 Local Solicitation CFDA#16.738 Delray Beach Police Department Budget and Budget Narrative Attachment#3 Bud2et Narrative: In order to support the Department's deployment plan for the Holiday Robbery Task Force, we are requesting funding for the cost of overtime for officers who will be deployed in the targeted areas. These officers will provide high visibility patrols and serve as a crime deterrent. In addition, the presence of officers is expected to make citizens and visitors feel more secure. If a crime should occur, officers are on site and available to intervene. We anticipate the program's cost to be on par with the prior year's cost, with the number of officers needed for this project remaining approximately the same. We are requesting the full allocation of $34,516 to support this program. Of that, $31,876 would directly fund overtime costs and $2,640 would support the cost of FICA. See below for a budget summary. Bud2et: The following is an outline of estimated project expenses needed to support the Delray Beach Police Department's Holiday Robbery Task Force. Requested JAG Funds PERSONNEL Overtime for officers assigned to the Holiday Robbery Task Force and deployed in targeted areas as a crime prevention tool $ 31,876 FRINGE BENEFITS FICA (7.65% of salary) $ 2,640 TRAVEL $ 0 EQUIPMENT $ 0 SUPPLIES $ 0 CONSULTANTS/CONTRACTS $ 0 OTHER $ 0 Total federal funding requested from JAG: $34,516 Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2015 Local Solicitation CFDA#16.738 Delray Beach Police Department Review Narrative Attachment#4 The Delray Beach Police Department, City of Delray Beach, made its Fiscal Year 2015 JAG application available to the City Commission for its review, comment, and formal approval on June 16, 2015 Regular Commission meeting. In addition, the Delray Beach Police Department made its Fiscal Year 2015 JAG application available to its citizens for comment prior to application submission by posting the application on the City web site on May 26, 2015. This can be viewed at the following link: http://www.mydelraybeach.com/Delray/Departments/Police/default.htm. Edward Byrne Memorial Justice Assistance Grant Program (JAG) 2015 Local Solicitation CFDA#16.738 Delray Beach Police Department Disclosure Statement Attachment#5 The City of Delray Beach Police Department does not have pending applications submitted within the last 12 months for federally funded assistance that include requests for funding to support the same project being proposed under this solicitation that would cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. MEMORANDUM w TO: Mayor and City Commissioners FROM: Suzanne F. Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: May 18, 2015 SUBJECT: AGENDA ITEM 7.1.1-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 PARKS AND RECREATION MONTH-JULY 2015 DISCUSSION Proclamation recognizing Parks and Recreation Month for July 2015. WHEREAS parks and recreation programs are an integral part of communities throughout this country, including Delray Beach; and WHEREAS our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and recreation areas are fundamental to the environmental well-being of our community; and WHEREAS parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and NOW,THEREFORE,I, CARY GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim July, 2015, as PARKS AND RECREATION MONTH in Delray Beach and urge that attention be directed to the many ways in which parks, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 day 16th of June, 2015. CARY GLICKSTEIN MAYOR WHEREAS,the City of Delray Beach Campaign for Grade-Level Reading coalition is joining the National Summer Learning Association recognizing June 19"'as Summer Learning Day; WHEREAS, Summer Learning Day helps to spread awareness about the importance of summer learning for our youth in helping to close the achievement gap and stem summer learning loss, which ensures more low-income children can read proficiently by the end of third grade - a proven predictor of academic success,and WHEREAS, Summer Learning Day provides an opportunity for the City of Delray Beach to recognize its collaborative partners such as, the City's Parks and Recreation Out-of-School Program, Achievement Centers for Children and Families,the Delray Beach Public Library,The Delray Beach Center For the Arts at Old School Square,Milagro Center, the Boys and Girls Club and the School District of Palm Beach County for their support in engaging our youth in summer learning activities; WHEREAS, for the fourth summer in a row, the School District of Palm Beach County has generously provided, for gratis, their summer learning curriculum, journg's, which is an arts- integrated program that is being implemented at eight (8) Delray Beach summer camp locations, which affords two hours of academics,four days a week,for eight weeks over the summer;and WHEREAS, this summer's learning theme is "Party in the USA: From Sea to Shining Sea". Over the summer, students will be reading to learn about the American flag, family vacations, baseball, Presidents and the Constitution. Field trips will include fun activities such as, a picnic, a trip to a baseball game and swimming-- all to highlight the fun things families can do over the lazy days of summer. NOW, THEREFORE, 1, Cary Glickstein, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim June 19,2015 as Summer Learning Day! in the City of Delray Beach,Florida,and encourage an summer camps participating in the Campaign for Grade-evel Reading to recognize this special day and celebrate reading! 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 16t" day of June 2015. CARY D. GLICKSTEIN MAYOR MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: June 8, 2015 SUBJECT: AGENDA ITEM 7J.-REGULAR COMMISSION MEETING OF JUNE 16,2015 REVIEW OF APPELABLE 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 ME 18, 2015 A. Recommended approval (5 to 0, Mark Krall and Joseph Pike stepped down), of the Future Land Use Map amendment (Small-Scale) from MD (Medium Density Residential 6-12 du/ac) to CC (Commercial Core) for two parcels measuring 0.31 acres, in conjunction with the Uptown Atlantic development, located on the south side of West Atlantic Avenue, between SW 6th Avenue and SW 9th Avenue. B. Recommended approval (5 to 0, Mark Krall and Joseph Pike stepped down), of the rezoning from RM (Medium Density Residential) District to CBD (Central Business District) District, for two parcels measuring 0.31 acres, in conjunction with the Uptown Atlantic development, located on the south side of West Atlantic Avenue, between SW 6th Avenue and SW 9th Avenue. C. Recommended approval (5 to 0, Mark Krall and Joseph Pike stepped down), of the conditional use request for Uptown Atlantic to allow an increase in the density in excess of 12 residential units per acre. A density of 18 units per acre is proposed. The development proposal involves the demolition existing improvements on the subject properties and construction of a mixed use development consisting of 112 dwelling units, 17,267.30 square feet of office, 6,250.0 square feet of restaurant, and 44,841 square feet of retail. The property is located on the south side of West Atlantic Avenue, between SW 6th Avenue and SW 9th Avenue. D. Approved (5 to 2, Christopher Davey and Gerald Franciosa dissenting), a request to postpone the conditional use requests to July 20, 2015 for Fourth & Fifth Delray (iPIC Theater), located south of East Atlantic Avenue, between SE 4th Avenue and SE 5th Avenue. E. Approved (5 to 2, Christopher Davey and Gerald Franciosa dissenting), a request to postpone to July 20, 2015, the abandonment request for a portion (north 196.18 feet) of the 16 foot wide north-south alley right-of-way, lying within Block 101, of the Plat of the Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3 of the public records of Palm Beach County, Florida, in conjunction with the Fourth and Fifth Delray development. F. Recommended approval (5 to 1, Jay Jacobson dissenting and Gerald Franciosa left the meeting), of City-initiated amendments to the Land Development Regulations (LDRs) 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. G. Recommended approval (6 to 0, Gerald Franciosa left the meeting), of City-initiated amendments to the Land Development Regulations (LDRs) 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. H. Recommended approval (6 to 0, Gerald Franciosa left the meeting), of City-initiated amendments to the Land Development Regulations (LDRs) to amend LDR Section 4.7, "Family/Workforce Housing", to provide the City Commission with the discretion to determine the most appropriate means of meeting the workforce housing requirement for each applicant; Providing that the applicant must elect the preferred option for meeting the workforce housing requirement at the time of application for conditional use approval; and providing a saying clause, a general repealer clause, and an effective date. Site Plan Review and Appearance Board Meeting of Mqy 27, 2015 1. Approved (7 to 0), reconsideration of the internal adjustment associated with the Class V site plan approval for Delray Preserve, a proposed 188-unit multiple family development to correct the motion previously adopted on May 13, 2015 regarding the internal ad ustments for the separation requirement j between buildings to reflect approval of the internal adjustment by SPRAB, rather than a recommendation of approval to the City Commission. Delray Preserve is located on the east side of North Federal Highway, 460 feet north of Allen Avenue. 2. Approved with conditions (4 to 2, Roger Cope and Alice Finst dissenting and Andrew Youngross stepped down), the architectural elevation plan for Ligotti Medical Center, located at the southwest comer of SE 6th Avenue and SE 4th Street (402 SE 6th Avenue). The landscape plan was approved with conditions on a 6 to 0 vote (Andrew Youngross stepped down). 3. Approved (5 to 2, Terra Spero and Jose Aguila dissenting), a Class I site plan modification associated with architectural elevation changes for Surf Shack, located on the west side of SE 5th Avenue, south of SE 9th Street(916 SE 5th Avenue). 4. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural elevation changes for Outback Steakhouse, located at the southwest comer of Linton Boulevard and Waterford Place (1350 Linton Boulevard). 5. Approved with conditions (7 to 0), a Class 11 site plan modification associated with the installation of entry gates and bollards along South Federal Highway and associated landscape screening for Delray Buick GMC, located on the west side of South Federal Highway, south of Linton Boulevard (2400 South Federal Highway). 6. Approved with conditions (5 to 0, Jose Aguila and Andrew Youngross stepped down), a Class III site plan modification, landscape plan and architectural elevation plan associated with the adaptive re- use of an industrial building to an art and cultural facility for the Delray Beach CRA Art Warehouse, located at the northeast comer of NE 3rd Street and Artists Alley(313 NE 3rd Street). 7. Approved with conditions (7 to 0), a Class V site plan and architectural elevation plan associated with the demolition of existing single bay building and construction of a one-story 4,332 sq. ft. commercial building to accommodate two retail bays for the Fran Building, located on the north side of East Atlantic Avenue, west of NE 4th Avenue (321 East Atlantic Avenue). Historic Preservation Board Meeting of June 3, 2015 8. Approved with conditions (7 to 0), a Certificate of Appropriateness and Class V Site Plan for the conversion of a duplex to a single-unit, and the addition of two residential units for 101 SE 7th Avenue, located within the Marina Historic District. Concurrently the Board approved the following variances: i. Approved (6 to 1, Ronald Brito dissenting), a reduction of the rear setback requirement from 25' to 17'. ii. Approved (5 to 2, Ronald Brito and Rhonda Sexton dissenting), a reduction of the side interior setback for third stories from 30' to 21'2". 9. Approved (4 to 3, Price Patton, Rhonda Sexton and Samuel Spear dissenting), a waiver to LDR Section 4.5.1(E)(7), associated with an HPB approved demolition of a contributing structure prior to the issuance of a building permit for the redevelopment of the property located at 134 SE Ist Avenue, within the Old School Square Historic District. 10. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness for a one-story addition to a contributing structure, installation of a new swimming pool, construction of a pergola covered deck, and associated site improvements for 248 NE Vt Avenue, within the Old School Square Historic District. 11. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness the construction of a one-story single-family residence on a vacant lot located at 522 NE 2nd Avenue, within the Del-Ida Park Historic District. 12. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness for additions and alterations to a relocated contributing structure with associated site improvements for 218 NE 5th Court, within the Del-Ida Park Historic District. 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 May 18, 2015 thru June 5, 2015. OPERATING COST N/A TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING 0 0.25 0.5 1 Miles A& APPEALABLE ITEMS NORTH JUNE 16, 2015 PLANNING &ZONING DEPARTMENT U rff Wr(5 k ........... ...... 16: z Uj 12 E. IT Lakelda Rd 0 10 .100 NVV 2nd bt 46........... 6 8 ............ Y7� 2 W Atlantic Ave 2r d St 3: 00oEl U) U) 12� Co 3: W loth St E 1 Oth t Lowson Blvd 0 U) 4 x x 10 f E Linton Blvd a W Linto > ............ CO > co (n 5 (n Co ........... ............. za N*N1 F------------------------------------ SPRAB: 5. DELRAY BUICK GMC HPB: 1. DELRAY PRESERVE 6. DELRAY BEACH CRA ART WAREHOUSE 8. 101 SE 7TH AVENUE 2. LIGOTTI MEDICAL CENTER 7. THE FRAN BUILDING 9. 134 SE 1 ST AVEN U E 3. URF SHACK 10. 248 NE 1 ST AVENUE 4. OUTBACK STEAKHOUSE 11. 522 NE 2ND AVENUF 12. 218NE5TH COURT Document Path: S:\Planning & Zoning\DBMS\GIS\City Commission Maps\City Commission Map 6-16-15.mxd MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: May 19, 2015 SUBJECT: AGENDA ITEM 7.K.1 -REGULAR COMMISSION MEETING OF JUNIE 16,2015 BID AWARD/GATOR LANDSCAPING AND IRRIGATION,INC. (BID NO.2015-39) BACKGROUND Consider approval of an award with Gator Landscaping & Irrigation for lawn maintenance to seventeen (17) dry storm water retention areas and one (1) wet storm water retention area. Total cost of the contract is $36,233.52. (Bid No. 2015-39). Utilizing a formal bid process, Bid No. 2015-39 was opened April 7, 2015. The City received responses from eight (8) contractors all in accordance with City purchasing policies and procedures. Gator Landscaping & Irrigation submitted the lowest responsive bid. The maintenance on the eighteen (18) City owned retention areas will include mowing, trimming, edging, mulching, sod replacement, fertilizing and fire ant control. A tabulation of bids is attached for your review. This documentation is on file in the Finance Department, Purchasing Division. The recommendation of award is to Gator Landscaping &Irrigation as the lowest responsive bidder. This item was bid according to Ordinance No. 29-13, the City's Purchasing Ordinance Section 36.02 (A), Sealed Competitive Method. Attachments include: 1) Tabulation of bids 2) Bid Submittal 2) Contract/bid documents DISCUSSION Consider approval of award of contract with Gator Landscaping & Irrigation, in the amount of $3 6,23 3.52, as the lowest responsive bidder for retention pond maintenance at eighteen (18) locations. TIMING OF THE REQUEST The timing of this bid award is of high importance to ensure future routine retention area maintenance activities to prevent overgrowth and aesthetic problems. FUNDIING SOURCE Funding is available from account #448-5416-538-34.90, Storm water Utility Fund pending budget transfer. Item Account Number Balance Other Contractual Service 448-5416-538-34.90 $32.515.48 RECOMMENDATION By motion, approve award with Gator Landscaping & Irrigation for lawn maintenance as the lowest responsive bid for lawn maintenance to eighteen(18) storm water retention areas. :> g 0 a� co QD �t 43 cr� E cli a 6% tq bs bs bs 0 In co Ln Nt 0 V-1 fa G* cm UJ C, Q 0 1 Q K 6 LO K6 LO to C, N 04 l.") 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IZ :3 CD T. to C) -p q:� CV) A co A LD tu LU LU Ln 76 10 0 �zk 0 1 �t "I L.- -, o m �? 8-L LT I;K a (D QL f4- LU co, 10 C�— co co m C13 z C: 0 CD LZ :3 (D �i- :� :� F < IL X CII) 0 0 CD cc m m cc Aftl--- F lft E RAY H w L NSCALs, 100 NW I"AVENUE,DELRAY BEACH,FL 33444 U%wn aw, 0 ftft ow No@ zoloomp Alit STOW� AnR MENTION AMR LMSUPENMENANCE MAYOR -CARY D.GL.icks,rm VIC13 MAYOR -SHELLY PETROLIA J)HPUTY VICE MAYOR -JORDANAJARJURA COMMISSIONER -ALJACQUET COMMISSIONER MITCH KATZ CITY MANAGER DONALD COOPER Purchasing Divislono Finance Department 0(561) 243-7161/7163 OFax(561) 243--7166 Rl - %qo TV OF DELRAY BEACH TEL: (661) 243-7161/7163 FAX: (661) 243-7166 PURCHASING DIVISION REQUEST FOR DID BID NO: 2016-39 TITLE: STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE ISSUE DATE, March 16, 2015 DEPARTMENT: STREETS & TRAFFIC DUE DATE: Tuesday, April 07, 2015 TIME: 2:00 P.M. (local time) INSTRUCTIONS All bids shall be submitted In sealed envelopes, mailed or delivered. All sealad bids must he received on or before the due date and time (local time) of the City of, Defray Beach, Purpha�inq Offico,100 NW Ist Avenue, Defray Beach, Florida 33444. Normal City business hours are 8:06 a.m to 5:00 p,m,, Monday through Friday, except h6lidays. A-MANDATORY—PRE-BID conforenceiiis been scl)ec(aledf6rW_EDNESDAY,-MARCH 25, 201§, gt 11:0D A.K , in'tho FlrstF(Qo QgjjfoLence Room,City Hall,100 N.W. 1"'Avonue,Delra _-L 33444. ._.-y- v Beach,F Bidders are requirod to attend and be proppred t'o ask questions, A Bidders failure to attend the Pro-Bid Conference will disqualify that Bidders bid. A Bidders Alluro to sign In within ton (10) mlnutos of the 11,00 A.M.conference start time will disqualh' �'a Bidders bid. All bids will bo publicly opened at City Hall and all bidders and the general public.are Invited and encouraged to attend. Each Bid submitted shall have the following Information clearly marked on the face of the envelope: the Proposerle name, return address, BID number, BID title, due date and time. It Is the sole responsibility of the proposer to utilize the forms provided In the bid package and to ensure that hisihor bld reaches the Purchasing Office on/or before the closing date and hour as shown above. Included In the envelope shall be ONE (1) unbound Original and TWO (2) copies of all bid shoots of all submitted materials, The original should be marked"ORIGINAL". Each copy must be Identical to the orIginof The City's Solicitation Information can be obtained from: a) DernandStar-The City of Delray Beach publishes ofectronto online services for notification find distribution of Its Solicitation documents. Please contact DemandStar at www.demandstar com or by calling thorn at 1-800- 711-1712 h) Request Via omall nadalP e&aybeachxon) qiy�f —__ c) City of Delray'Beach—hard copies are available at City Hall RkIders who obtain Solicitations tromsurces other than those named above are cautioned that the bid package may be Incomplete. The City will not ovaluafo Incomplete bid packages. DemandStar Is an Independent entity and are not agents or representatives of the City. Communications to those ont&s do not constitute communications to the City, The City Is not responsible for errors and omissions ocGurdng it) the transmisslon or downloading of any documents, addenda, plans, or,9pecifications from those wobsites. In the evont of any discrepancy between intonnation on those websites and the hard copy Solicitation doGumants, the terms and conditions of the hordcopy documents will provell. Rid NO,2015-39 8tormwater Retention Areas Annual Contmot DID Moo 2015-39 $TORMWATER RETENTION AREA$ LANDSCAPE MAINTENANCE MARCH 16,r 201S This Request for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda andlor any pertinent document form a part of this BID and by reference are made a part thereof SCOPE OF SERVICES: Consist of mowing, trimming, edging and litter control of storinwater retention locations as listed,located within the,City of Delray Beach. DUE DATE: Tuesday, April 07, 2016 prigr to 2:00 P.M. at which time all bid will be publicly opened and read. SEALED BIDS: Sealed bids will be received In the Purchasing Office until Me date and time as indicated above. Bids will be publicly opened and read aloud, immediately after tho established closing time and date, at City Hall, 100 N,W V4 Avenue, Delray Beach, FL., first floor Conference Room. Bidders and the general public are invited and encouraged to attend. The following forms must be included In the sonled package: 0 IndemnitylHold Harmless Agreement o Cone of Silence a Drug Free Workplace Certification o Schedule of Pricing 9 Bid Signature Form All bids shall be submitted in sealed envelopes, malled or delivered to the City of Delray Beach, Purchasing Office, f 00 N,W IST Avenue, Delray Beach, Florida 33444. Bids time-stamped at 2::01 A M. or later, will not be considered for award and will be returned to(lie Bidder INQUIRIES: Questions regarding this solicitation must be sent through email to purchasing, To ensure a timely response, inquiries should be made by Thursday, &pyll ii��kfj pii�i i�as_6_6A -information in response to inquiries maybe published as an Addendum. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety (90) days from the last date for receiving of bids for acceptance of its bid by the City Manager andlor City Commission. AWARD. The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, ondlor to accept bids that in its judgment will he for the best interest of the City, as hitthOT stated In Paragraph 16 of General Conditions. f3id No,2015�39 ftfmwatorRotenflon Areas Annual Contract 2 CITY OF DELRAY BEACH BID No. 2015-39 $TORMWATER RETENTION AREA$ LAND$CAPE MAINTENANCE Table of Contents Invitation to Bid 1-2 Table of Contents 3 –�e—nerW[6—ndit tons, instructions and Information 4-9 Indernnity/Hold Harmless Agreement 10 Cone Of Silence 11 Drug Free Workplace Certification 12 Standard Form of Agreement 13-18 Corporate Acknowledgment 19 Certificate (if corporation) 20 ecifications/Technical Specifications 21-25 Special Conditions 26-29 Schedule if Pricing 30-34 Additional Information Request 35-36 Equipment List Professional References 37 Insurance Requirements/samples 38-41 Bid Signature Form 42 Statement of"NO BID" 43 Submittal Check List 44 Attachment ( Prior Tab Sheet) 45 Bid No�2015-39 Slonnwater Retention Aroas Annual Contract 3 09HIERAL COMPUTIONS9 UNSIRUCTIONS AND INFORNAVION BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE DEFINITIONS: For the purpose of this BID: "'Proposer" shall mean contractors, Contractors, agencies, organizations, firms, or other persons' submitting a response to the BID. Any reference in this BID as to bidders or contractors shall mean Proposers or bidder. Neither the City nor Its representatives shall be liable for any expenses incurred In connection with preparation of a response to this BID. Proposer should prepare their bid simply and economically providing a straightforward and concise description of the Bldde? s ability to meet the requirements of the BID, The City may record Its responses to inquiries and any supplemental InsLructions In the form of a written addendum. The City may Issue a written addendum before the date fixed for receiving the bid, No oral explanation may be given. All Bidders are expected to carefully examine the proposal documents. Any ambiguities or Inconsistencies should be brought to the attention of the City through written communication prior to the opening of the bid. The City may delay scheduled due dates if it is to the advantage of the City to do so, The City will notify Bidders of all changes in scheduled due dates by written addendum. AS SPECIFIED: A Contact and/or Purchase Order will be Issued to the successful bidder with the understanding that all Items/services delivered must meet the specifications herein. Iterris/services delivered not as specified, will be return ed/ca nce[led at no expense or penalty to the City of Delray Beach. I. SUBMISSION AND RECEIPT or BID, A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemontal information. C, Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in Ink. All pi-ices shall be typewritten or filled in with pen and Ink. D. All bids MUST be signed will) the firm name and by an officer or employGe having tile authority to bind the company or firm by his/lwr signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or seivices in the quantities or usage shown, these quantities is estimated only. Alo guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not he purchased from any resulting contraots. These quantities are tar bidders'information only and will be used for tabulation and presentation of bid, 131d No.2015-39 Stommalor Relonflon Aroas Annual Contract 4 3. PRICES AND PRODUCT CONSIDERATION. A. Bidder warrants by vOue of bidding that prices, terms, and conditions quoted in this bid will be firm for acceptance for a period of ninety(90) days from tile date of opening unless otherwise stated by tile City or bidder. B. Prices should be stated In units of quantity specified in the biddIng specifications. /n case of discrepancy in computing the amount of Ihe bid, the unit price(s) quoted will govern, C. Consideration in awarding bids for temi contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any kno during the period of this contract, the City of Wray Beach is able to purchase the items andlor services at prices less than our contract price, the successful bidder shall meet those prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract oil the open market. D, The City reserves the right to purchase items on state contract if such iterns can be obtained on the same terms, oonditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered it? determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the wilt prices bid, F. Economic Price Adjustment: a) there may be a change In the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of oil increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at toast thirty (30) calendar days before the price increase would become effective. The City determines It the price Increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on oil annual basis at the time of renewaL 4. DELIVERY: A, All items shall be delivered F.O.B, destination, and delivery costs and charges included In tile bid price. Failure to do so may be cause for rejection of bid, B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery Is not made at the tirne(s) specified or?bid form. S, BRAND NAMES: If and whenever In the specifications a brand name, make, name of any manufacturer, tra name, or vendor oatalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, Me phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be now. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. Bid No.2015-39 Slonnwater Retontion Areas Annuaf Contract 7. SAMPLES, 'Samples, when requested, must be furnished free of expense to the City and if not used it) testing or destroyed, will upon roquest within thirty (30) (lays of bid award be returned at bidder's expense. 8. ACCEPTANCE: Tile material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material andlor service is made and thereafter accoptod to the satisfaction of tile City and must comply with the ternis hereln, and be fully in accord with specifications and of the highest quality, In the event the inaterinint7dlorsetvicessupplied to tile City is found to he detective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the sellers expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Defray Beach may procure the article or services from other sources and hold the bidder or Gontractor responsible for any excess costs occasioned or Incurred thereby, 10, COPYRIGHTS OR PATENT RIGHTS., Bidder warrants that there has been no violation of copyfight s or patent rights it) manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS:, A. All equipment, machinery, electrical appliances, coids and apparatus shall comply with at/ provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction tile awarded bidder shall remove trom the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Reach resarvos the right to request from bidders separate manufacturer certification of a//Statements made it) tile proposal, 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager andlor City Commission of the City of Delray Beach and it? case of default or) the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate Including legal action for damages or specific performance. 14, SPECIFICATIONS: A. t:or purposes of evaluation, bidder must Indicate any variances from ourspecifications andlor conditions, NO MATTER HOW SLIGHT. It variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. 8, Any omissions of detail specifications stated herein that would ronder the matoriallservice, from use as specified will not relieve the bidder from responsibility. 15. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perfonn work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for pennits for all other work, Bid No.2015-39 Stonnwater Retontion Areas Annual Contract 6 8, LICENSES: If you are not licensed to perform work In the City of Delray Beach you MUST obtain a "Business Tax License"before a Notice to Proceed will be issued, C, LIABILITY INSURANCE: The City prefers the insurance and bonding companies to have a BEST Rating no loss than A-, V/1 or better, If you have any questions regarding the City's Insurance andlor Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See pages 38—41 for Insurance Requirements. 16, AWARD OF B[D. The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all infoimalities andlor irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids, Tho City rosomes the right to reject any or all Bids, or any part of any Bid, to waive any informality In any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Won( and unit prices will be resolved in favor of the unit price. Discrepancies between the Indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State andlor Federal Government. Exemption certificates codified on request, State Sales Tax Exemption Certificate No. 05-801 2621659C-4 appears on each purchase order. 18, EXCEPTIONS TO CONDITIONS, 4 THRU 9 (Boller Plate): ny time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 19. RENEWAL: The successful bidder shall be awarded a contract for ONE (1) year(s) with the option to renew for TWO (2) additional one (1) year periods, renewable by the City Commission, The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the C4 CommIssion. 20. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty.(30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractorshall be entitled to receive equitable compensation tor any work completed to the satisfaction of the City. 21. ANTI-COLLUSION.- A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, f1rm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. a. No premiums, rebates or gratuities permitted; either with, prior to, or after any dolivety of material orprovision ofservices. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST- A. Bidder declares and codifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indIrectly interested in this bid or In the supplies, materials, equipment or services to which it relates or it) any portion of the profits thereof; or 13NNO-2015-�9 Stomwater Retention Areas Annuaf Contract 7 B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach, Further, all bidders must disclose the name of any City employoo who owns, directly or indirectly, an interest of ton percent (10) or more in the bidders firm or any of its'branches. 23. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellationlIermination of the contract 24. NON-DISCRIM I NATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, ornatlonal origin, Such action shall Include but not be limited to the following:employment, upgrading, demotion, or transfer, recruitment advertising;layoff or termination; rates of pay or other forms of compensation,- and selection for training including apprenticeship. The bidder agrees to post In conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 26. DISCRIMINATION: n entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on looses of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity. 26, PAYMENT PROGRAM., The City encourages all vendors to utilize our ProcessMe payment program. The P(ocessMe program replaces paper checks with an electronic card payment The City provides the vendor with a Visa (credit card) account number which would be used when the City processes Invoices for payment Contact for enrollment. 27. BID PROTEST: PROTEST OF AWARD / PROTEST BOND. Patties that are not actual bidders, proposers or responders, Including, but not 11mited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of Intent to award and agreement is posted, any actual bidder, proposer or responder who Is aggrieved In connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a pfotest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any tight to protest is forfelted. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject oil Bids, Bid or Responses is subject to the protest procedure. 81d No,2015-39 Stommater Reientlon Atess Annual Contract Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five porcent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. ff the protest is decided, in the protestor's favor the entire protest bond is returned. ff the protest is not decided in the protester's favor the protest shall be forfeited to the City, The protest bond shall be in the form of a cashler',q check, Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW V"Ave Delray Beach, FL 33444 (Re,waIndor of page Intentionally left blank) Bid No,2015-39 Slonwiater Retention Areas Annual Contract 9 INDEMNITYIHOLD HARMLESS AGREEMENT BID No. 2015-39 STORMWATER RETENTION ARW LAND$CAPE MAINTENANCE Contractor shall, in addition to any other obligatton to indemilify tile City of Delray Beach Florida and to the fullest extent permitted by law, Indomnify and hold harrnl&ss the City of Delray Beach, Its officials, an d employees, from and agaills( all claims, actions, liabilities, losses (including economic losses), and costs Wising out of any bodily inility, sickness, disease or death, or injury to or dostructfon of tangible property including tho loss of use resulting there-from, or any other damage or loss caused by any negligent act, err&or omission, reck/essness, or Intentionally wrongful conduct of tho Contractor, tiny subcon tractor, or anyone directly or indirectly employed by ally of them. The Indemnification obligations herounder shall not be limited by any limitation on (lie amoul7t, type of damages, compensatlon or benefits Payable by or for the Contractor or any subcontractor tinder any contract or agreement or under worker's compensation acts, disability benefit acts, other employee benetit acts or any statutoty bar. Any cost Df expenses, Inctuding attomey,3 fees, appellate, bankruptcy or defense counsel fees Incurred by the City of Delray Beach to enforce this indemnification clause shall be borne by the Contractor The obligations contained in this Indemn/ficatiOn Clause shall continue indelirlitely and survive tile cancellation, termination, expiration, lapse or suspenslon of thisagreement, f 14 so atule Bid No.2016-39 Stonnivater Refention A roas Annual Contract 10 COME OF SILENCE BID Noo 20IS-39 .STOhMWATER RETENTION AREAS LANDSCAPE MAINTENANCE The Palm Beach County Lcbbylst Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) Is applicable in file City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist RegIstratlon Ordinance includes a "Cone of Silence"provision that limits communication during the City"s procurement process In regard to this BID, which provides as follow,%, See. 2-365, Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award fromsuch competitive solicitation,'and (2) Any county commissioner or commissioners staff, any mombor of a local governing body or the member's staff, a mayor or chief executive officer that Is not a member of a local governing body or the mayor or chlef executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a partioutar contract. (b) For the purposes of this section, a person's representative shall Include but not be limited to the person's employee, partner, officer, director, CONTRACTOR, lobbyist, or any actual or potential subcontractor or CONTRACTOR of the person, (c� The cone of silence shall be In effect as of the deadline to submit the proposal, bid, or other rosponse to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response Is either rejected by the counly or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive soficitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pro-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings, Further, the cone of silence shall not apply to contract negotiations between any etnploya& and the Intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written cortespondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that Is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation prooess. (6) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article //I, divislon 2, pad A, section 2- 51 ot secl.)or municipal ordinance as applicable. (0 The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municloal governing body as applicable, awards or approves a contract, rejects at/bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered Into In violation of the cone of silence provisions In this section shall Tender file transaction voidable, oyc'��_V- ContmclorMamo Date Bid No.2015-39 Stonnwa ter Retention Areas Annual Contract DRUG FREE WORKPLACE CKRTIFICATION BID No. 2015-39 STORMWATER RETENTION AREAS LAND$CAPE MAINTENANCE If identical lie bids exist, preference will he given to the vendors who submit a certification with their bid1proposal cettifying they have a drug-free workplace in accordance with Section 287.067, Florida Statutes, The drug-free workplace preference Is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdMsion for the procurement of commodities or contractual services, a bid received from a business that certifies that it has Imploftiented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program, As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements., 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and speciAling the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's Policy of maintaining a drug-tree workplace, any available drug counsellngrehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged In providing the commodities or contractual services that are under bid a copy of the statement specified In subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring In the workplace no later than live (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such Is available in the employee's community, byany employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section. Dafe 81d No.2015-39 Stornmater Retentlon Areas Annual Cotitract 12 CORPORATE ACKNOWLEDGMENT STATEOF- COUNTY of At" The foregoing instrument was achnowledged before me this -WWday of 26L/j', by aZ da,lle A, (name of officer or ag nt title of officer or agent), of ge (state or place of incorporation) Corporation, on behalf of the corporationclwl-7- she is (personally known to me) (or has produced identification) and has used(gilher'.4014el— 0601^-�Yel (type of identification) as identification. '�wmt' &,lignaturelof Person Taking Acknowledgment Name of Acknowledgor Typed, Printed or Stamped Bld No,2015-39 Stomwater Retention Areas Annuat Contract CERTIFICATE (if Corporation) S TATE OF FLORIDA SS COUNTY OF I HEREE3Y CERTIFY that a meeting of the Board of Directors of 47�v AS;&2112ii� a corporation under the laws of the State of held on 0201 passed and a�dopted: 4 , the following resolution was duly "RESOLVED" that /y, e, t, I ?�,/,ko�toa S Preskjont of the corp dbn�Rlshe is hereby authorized to execute the Agreement dated 202; betWoon the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and affect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this Ab day of U. 201 (Seal) Bld No.2015-39 Stonnwater.Retontion Aroas Annual Contract 20 SCHEDULE OF PRICING BID No. 20IS-39 $TORMWATER RETENTION AREA$ LAND$IqAPE MAINTENANC9 Ponds Page on 24 ALL BIDS INCLUDE FURNIS111NO AND UTILIZING NECESSARY VEHICLES,EQUIPMENT,TOOLS,SUPPLIES, FTC. AS REQUIRED TO PERFORM WORK AS WELL AS REQUIRED INSURANCE, LICENSES, FTC. PER THE ATTACHED SPECIFICATIONS,TERMS,AND CONDITIONS OF THIS BID. DESCRIPTION COST PER MONTH COST PER YEAR 1. Mowing,Trimming, Edging Retention Areas $2'11b , L x 12 $ 170oo ' Po Months 2. Fertilizing (add-on afternate) /9' x 12 s Months 3. Additional Work Pricing (if/when required) a) Sod Replacement $ A 7X" Sq. Ft. price $ b) Plant &Tree Installation $ Per Hour, Per Worker 4/ c) Fertilizing Per Gallon $ d) Addition Pest Control $ Per Pound 2Z k7� e)Additional Pest Control $ Per Hour, s Per Worker $ Per Hour, f) Fire Ant Contro3 $ /�011 Per Worker Bid NO.2015-39 Stornivlater Rotenflon Aroas Annual Contra at 30 SCHEDULE OF PRICING BID No. 2015-39 $TORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE )> AREA #1 Water Retention Lindell Blud, and $outb'Dixte Highway DESCRIPTION QTYI COST PER COST PER YEAR 5,000 sq.ft. Per year Per Mowing 2, Edging 48 700 Iffical ft. Pet,year 6-a Per Edging $ 3. Weed Control-Shrub Beds 12 1,500 sq. ft. Pet-year � ,0'6 —PorPruning $ '74, 4, Shrub/Hedge Pruning Thryallis, Firobush, Pakahatolice Grass 4 Mar,Ain,Sept. &Dec. Per year 200-Shrubs,700]fit. ft, hedging $ /31 Pot-Application $ t�rz), &V 5. Patin Pnining 12 19 Sabals Per year $ ZZ 4YO Per Application $ JJJ 6. Weed &Feed-13ahia Mai-, &Oct. 2 Applications $ Pet-Application .2 Q , d�o 7. e Granular Insecticide f/Sod As Needed 2 Application $ 049 Pet-Application $ 24)0 4K0 8, *Foliar Insect Spray f/Shrubs As Needed 2 Applications Per Applioation &eD 9. Granular Fivigicide f/Sod 2 Applications $ Per Application $ 9 d( &0 -fo—, Shnib &—Shade Tree Fei-tilization 10-10-10 NY/micros 2 April &Sept, $ Jlt O�e, PorApplioation 8 Shade Trees $ yo, 0-0 1,50D sq. ft.Shrubs 11. Patin Fertilization 2 April &Sept 13-13-13 NY/inicros $ 70 0-0 19 Sabat Palms Per Applicatioll 12. Granular Pro-omergent horbioide 2 Apply prior to mulching Per year $ 0-e) 1,500 sq,ft, Per Application 13. =>M11 lob i ng- 1 12 (5 cuble yards)Total-60 Per year lo-e —PerApplication $..Zdk0, 60 Tota]BldFrice A� S'XY�, 4,-6' IF NEE DED, APPLICATION SHALL BE PROVIDED AT THE'UNIT COST- Bid No.2016-39 Stommater Rotention Areas Annual Contract 31 SCHEDULE OF PRICING BID No. 2015-39 > NE 3"D AVENUE RETENTION AREA "A" DESCRIPTION QTY. COST PER COST PER YEAR Mowing 15,000 sq. ft. 4 8-Per Year -Por Mowing Edging 700 lineal ft. 48 Per year Per R dging 3, Weed Control-Shrub Be�s' 1,500 sq. ft, 12 Per year Perpruning T.- Shrub/Hedgo PrUning Tfiryallis,' q�lf-�-6'1149 Firebush, Fakahatcheo Grass 4 Per Year $ Per Application Mai-,Jun,Sept, &Dec. 200-shrubs,700 fin. ft,liedging Palin Prtinhig 25 Sabals 12 Pei-year $ Per Application $ --�7 )We—ed&F' eed -Babia. el Mar. & OeL 2 Applioations Per Application 7. Granular Insecticide f/Sod As Needed 2 Application $ 0-0 Per Application —8. Insect Spray f/Shrubs As Needed 2 Applications $ Per Application Ile, Oe Granular Flitigic-ide f/Sod 2 Applications $ 9 Per App I!cation _A1, -TO-. Shrub &Shade Tree Fertilization 10-10-10 Nv/jii ioros 2 April &Sept. $ 0-6 -PerApplication 10 Shade Trees $ e2�- 1,500 sq. ft, Shrubs 11. Palm Fertilization 13-13-13 Nv/inicros 2 April &Sept !�Q 19 Saballl?alnis $ 00 Per Application 12. Granular Pro-etnergont herbicide Apply prior to inuiching 2 Per yoar 1,500 8(j. ft. Per Application 13. =>Mulching- I" (5 elible yards)Total 60 12 Per year $ -rD Per Appi ioation $ Total)3id Price s IF NEE DE'D, APPLICATION SHALL BE PROVIDED AT THE UNIT COST, Blor No,2016-39 Stormwater Retentlon Areas Annual Contract SCHEDULE OF PRICING BID No, 2015-39 > NF 3RD AVENUE RETENTION AREA "B" DESCRIPTION QTy' COST PER COST PER)LEAR 1. Molving 15,000 sq.ft. 48 Per Year $ Per MoNving $ 6� 100 1111eal ft, 48 Per year $ P, 4-S-" PerEdging $ j 3. Weed Control-Shrub Beds 900 sq.ft, 12 Per year $ Per Pruning $ S- 11rub/fledge Pruning Thryallis, Firobush, Fakahatchee Grass 4 Per Year $ J 61 0-o Por Appliebtion Mar,Jun,Sept. &Deo, 92-Shrubs,100]in,ft. hedging 5. Palm Priming 21 Sabals 12 Pet,year $ &V Per Application $ 96). 6. Weed&Feed-Bahia Mar. & Oct. 2 A $ 6�0 Per Application $ 'e�v 7. 9 Granular frisecticide f/Sod As Needed 2 Application $ Pet-Application $ 0-6 8. e Foliar hisect Spray f/Slirubs 9 As Needed 2 Applications $ 0 Per Application $ *Granular Fungicide f/Sod 2 Applications $ 0,- 0-0 Per Application $ 16 10, Shrub&Shade Tree Fertilization 10-10-10 w/roicros 2 April&Sept. $ 0-0 Per Application 5'ShadeTrees 1,500 sq.ft, Shrubs 11. Palm Fertilization 13-13-13 wkniovos 2 April&Sept $ 'fi), 19 Sabal Palins $ J4,, Of Per AM!!�� 12. Granular Pre-eniergent herbicide Apply prior to mulching 2 Per year $ 900 sq,ft. q.." Per Application 13. =>Mulching- I" (5 cubic yards)Total=60 12 Per year $ lo 3 :3 —Per Applioation Total Bid Price ft), IF ME%DE D,APPLICATION SIIALL BEPROVIDED AT THE UNIT COST Bld No.2015-39 Stornwater Retention Areas Annual Contract .33 SCHEDULE OF PRICIN42 BID No. 2015-39 > NE 3nD AVENUE RETENTION AREA "C" DESCRIPTION QTY. COSTPER COST PER YEAR I. Mowing 15,000 sq, ft. 48 Per Year $ —Permowing $ C 0,0 2. Edging 400 linen[ ft. 48 Per year $ —PerEdging $ -W—ced 6ntrol—Shrub Beds 1,000 sq. ft, 12 Pei-year —Per Pruning 4. �hrubffledge Pruning Thryallis, Firebush, Fakahatchee Grass 4 Per Year $ - - -Per Application Mar,Stitt, Sept. &Dee. 60—Shvubs�400 ]in.ft. hedging 5. Patin Pruning 15 sabals 12 Pv�r year $ Per Appi ication $ 6. Weed &Feed - Bahia Mar, &Oct. 2 Applications $ 60 Per Application $ 7. *Granular Insecticide f/Sod As Needed 2 Application $ JS Per Application 8. *Foliar hisect Spray f/Shnibs As Needed 2�ppflcations $ Per Application 9. ,Granular Fungicide f/Sod 2 Applications $ -9/, Pei,Applioation $ ya, 10, Slimb&Shade.Tree,Fettilization 10-10-10 whiiicros 2 April&Sept. $ Per Application 8 Sliadi�Trm $ 1,500 sq. .Shrubs I I. Patin Fertilization 13-13-13 Winicros 2 April&Sept 3 q 15 Saba[Pahns Per Application 12, Granular Pre-omergent herbicide Apply prior to mulching 2 Per year $- J -M�S - ft.- $ 17(6-0 Per Application 13. =>Mulching— I" (6 cubfc yards)Total 72 12 Per year $ IaZ, &-6 _Per Application Total Bid Price S IF NEEDED,APPLICATION SHALL BE PROVIDED AT THE UNIT COST 131d No.2016-39 - Stormwa for Retention Areas Annual Contract 34 ADDITIONAL INFORMATION REQUEST BID No. 2016-39 $TORMWATER RETENTION AREA$ LAND$CAPE MAINTENANCE PLEASE ATTACH THE FOLLOWING DOCUMENTS AFTER THIS PAGE > Please attach the following documents after this page. Yes No Equipment List Current Accounts 3. Number of Full Time Employees 4. Numberof Years as a Landscape Maintenance Contractor S. Delray Business Tax License Number 6. State Applicators License Number > List of fertilizers I chemicals to be used. Document listing maybe attached. Fertilizers Chemicals > Attachments3 -4 —4 40$ No FAILURE TO INCLUDE ALL ]INFORMATION NOTED ABOVE WITH BID SUBMIl'TED MAY ELIMINATE YOUR COMTANY FROM THE BIDDING PROCESS; PRIOR OR AFTER SUBMITTALS WILL NOT BE ACCEPTE,D. Stoanwater Retention Areas Annual Contract CITY OF DELRAY BID $IGNATURE FORM BID No. 2015-39 STORMINATER RETENTION AREAS LAND$CAPE MAINTENANCE PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO 80$HALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder ceflifles fha't th-l� bid�Abk�g6'is stiomItte0l In accordance with the soacifloation In Its entirety and with full Onderstandinig oftha.conditions g9vorning thls bid, NAME OF BIDDER > Name as roglster6d with their Stal6 of cogin /0' BUSINESS STREET ADDRESS > P.O. Box address not permflted_ 1,2- 1^1 CITY, STATE,ZIP CODE 04 c-/( MAILING ADDRESS: W.-Check If same.as Business address above. BUSINESS MAILING ADDRESS CITY, STATE,ZIP CODE AUTHORIZED SIGNATURE(Witten) 6 PRINT NAME e-, �14 TITLE (of personsigning form) DATE Y14—h6c I f TELEPHONE NUM13ER J�j FAX NUMBER EMAIL ADDRESS A y VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE I CELL NUMBER FAX EMAIL ADDRESS Bid No.2015-39 Stormwator Rotentlon Aroas Annual Contract 42 SUBMITTAL CHECK LIST BID No. 2015-39 $TORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE el��ES ci NO Check List Form m4r ZES o NO Bid Signature Form wl'E"'S Q NO Schedule of Pricing (check for accuracy) ES a NO Addenda Acknowledgement (if any) wNeE'*S o NO indemnitylHold Harmless Agreement i i,-'�ES o NO Cone of Silence cof EYS o NO Drug Free Workplace Cettification ES Ei NO Professional References 16INT 131 DDINOp,ICO-OPERATIVE AOREIPMENT Will extend the some price, terms, and conditions of this bid to other Palm Reach, Martin and Broward County Governmental agencies, YFS NO STATEMENT OF UND9111STANDINO' hereby achnowledge and declare that I have read and understand the "Invitation to Bid" document In full for Janitorial Servlce5 for the Delray Beach MunIcIpal Golf Club, BID#2015-39 for the City of Defray Beach and completely understand the requirements and expectation of the, BID INFORMATION WAS OSTAINED'IFROW.,- E] OemandStar E) Newspaper Advertisoment City Hall L1 Email Other, please specity: Bid No,2015-39 Stonnwater Retention Areas Annual Cot)tract 44 (LIA of Current Equipment) Robcat 1� Dump Truck 2 16'Box Truck I Ford 250 Pick Up Truck I Regular Pick Up Truck I Ford Extended Bed Pick up 150 2 Yord Regular 156 Pick up Truck I 321 Tratler 1. 32"Flat Red Traffer I 72"Lawn Mowers 2 60" Lawn Mowers 2 5411 Lawn Mowers 2 341 Lawn Mower 1 2211 Hand-operated La"...Mower I Edger 6 Weed Eaters 7 Commerew Size Mowers 2 Standard Back Dlowe�s 5 72"Trimmers 4 60" Trimmers 2 Folding-type Trimmers 2 -Extra Lane Trash Cans 8 5 gal. Garbage Cans 4 2.5 gal, Garbage Cans 5 Shovels 12 Leaf Rakes to Heavy Duty Rakes 6 Assorted Hand Tools Numerous 116 S. Andrews Ave., Rm, A-1 00, Ft, Lauderdale, FL 33301-1895—954-831-4000 VALID OCTOBER 1,2013 THROUGH SEPTIEMBER3o,2014 DBA: Recelpt#,.324-234349. .13usitiess Name.,GATOR LANDSCAPING. INC ButlnGss Type:LAWN MAINTBNANC8/1L1AWXDSCP Owner Nanio:,joH.N M BELWPATTO Business Opened;o6/30/2010 Susinoss Location: 12 TAM 0 1 SHANDER LANR State1Cotjnty1CertJReg, I PALM BEACH COUNTY Exemption Code; Business Phone;56i-239-83og Rooms IM, hinesv� Professionals e I 4 _4 1. N [no 13U9111kos is vy;. Number of MachInes: Fee t181 _q Co TexAmount , Transfer IlecAlon Cost Total Paldl q n f 0100 13,00 k! 9�' THIS RECEIFiT MUST 13E POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax Is levied for the prlvllege of doing business within 13roward County and Is non-regulatory In nature,You must meet all County andlor Municipality planning WHEN VALIDATED and zonIng requIrements. This l3usIness Tax Receipt must be transferred when the business Is -sold, business rkamo has changed or you have moved the business location.This reapt does not IndlGate that the bualness is IeQaI or that It Is In complianco vilth State or local laws and regulations. Mailing Address: GATOR 1AMSCAPING INC Reoeipt 003B-12-00010294 12 TAM 01 SHANDER LANE Paid 07/11/2013 33,00 130CA RATON, FL 33431 2013 2014 CERTIFICATE OE ItISURANCE SUCH INSURANCE Ai RESPECT$THE InTEREST OF THE CERTIFICATE HOLDER NAMED BELOW VALL NOT BE CANCELED OR OTHERWISE TERMINATED VMHOUT 01VING iQ DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER,BUT IN NO EVENT SHALL THIS OURTIFICAT13 BE!VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN.THIS CERTIFICATE Oft INSURANCE DOES NOT CHANGE THE COVERAGE PROVIUED BY ANY POWCY DESCRIBED BELOW, Thia"rSWthal: STATE FARM MUTUALAUTOMOBILE1 INSURANCE COMPANY of Blo=4-�Iorr,ancas STATE FARM FIRE AND CASUALTYCOMPMY of BloominDton,ElInalo STAT�FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of 06fts,Texas ,qtATE FARM INDEMNIlY COMPANY of Wo*NVon.Mrtols,or FARM OUAnANT-Y INSUPMCE COMPANY of Bloom�nglon,ftols hascovel or tho Wlowlng Narrved Irmursd 93 sholln haloYr NAMEOINSURFI).- Fullafattot -John&Patricia ADOnSSOVI 11 M. 12 Tan 0 8baLnter Ln, MCA Raton, M 33431 POLICYRUMBER 123-4948-Agg-590 EFFEOTPM OATF 01/00/13 2oos Ford Faso DESCRIPTIOIl OF viqkup vEHICwpMw"v" I.MW20SX5351,L661 LWaILITY00VEMOF J@ YES Cl NO D YES El NO YES 0 NO 0 W!8 Cl HO LINKS OF LIABILRY a.wflInlufy - I Each Pmca lao'coo EschAWO-t_ b.PfopadyDaMao Fechkdclmt S01000 0.PONY frjviy proory Duneo LlffA PHY451CALDAMAGE GOVERAQKS 0 YES Elmo cl YES [I No Uygs ONO -[I YES cl NO 0.go��flELVq $Boo oe&,dbk $ wu(*4 $ Yes [3140 ONO f Yn QNO 0 YES 01401 b.C*MsW $doa M*xwt- D&kw. 3 nmvdua velulz5o UtpLGyQp4N0-"?Mw M WOM qQVWAG;E 0 YES ONO (I Y58 Q NO Cl YES El 110 El YES [I No ISIREDOMUMUTY I COVEMIM 11 YES R NO 0 YES 0 NO QYES JJNO 0 YES Cj NO FLEVT-C041ZAC-9 fOR AWW"AliouceNsm.0 YES ONO 9 L"Tmwus QYE, El NO 0yr uno.. , YES NO Agent 33guOro QALAJvAeaed R"qajj�*- TWO �lmowWA&Wssof NarnagNAMM60f.Agant city of ,,,,y 4TOAft ThaoRray, Agent 100 IM V,Ava stato Farn Insul�anca Valray Rmch, Fh 33441 31SS R. radcrol l(wy 80ca Raton, FL 33431 MmRNAL WAT9 PAMI USE UZY.' r CERTIFICATE OF LIABILITY INSURANCE 0 312412016 THIS CIER111MATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER$NO RIGHTS UPON THE CERTIFICATE HOLUOR.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE!AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSVILITE A CONTRACT RETWEfiN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the cariffIcate holder Is an ADDITIONAL.INSURED,the pollcy(tos)must be endorsed, If SUBROOATION IS WAIVED,sut)*t to tha tomis and coAdIflons of the poky.cortaln pollcles way require an endorsement A statement on this ceriffir-ato dues tiot confer tighto to the ce rtIf(anto holder Irk Ilou of such endaTsemont(a). PRonucEa CONTACT Sunny Jack Jack Family Insurance LL H)Uffi-, Eva gar 461-241-5660 FAX Irc� 7491 N Fed B ral HW C8 AM Zel-241-8591 Boca Raton FL.33407 INSUR 81"FORORM COVERA6E IWO 0 Allstate nswWn Company Msuarl) John Hellorafto IN6URERG: 12 Tam 0 Shanter Lane INSURER a I Boca Raton FL 33431 IIMRMO: - COVERAGES ZERTiricATE NUMBER., RWSiON NUMBER: THIS 13 TO CERTIFY THAT IHE POLICIES OF INSURANCE U8TED BELaV HAVE BEEN ISSUED TO THE RISURED NMAED ABOVE FOR THE POLICY KRICK) INOICA'MO. NOTVATHSTAN(XNG ANY REQUIREMENT.TERM OR 00NOtTION OF ANY CONTRACT OR OTHER DWMIAENT"ITH RESPEOT TO VHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES:DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSI(XIS AND 001fiXTION3 OF SUCH POLICIES.LUMTS SHOWN 1.%Y HAVE BEEN REDUCED BY PRO CM8. ADWO TYP90FIRSURAWE EMS vmn dwlim Imm UWT5 CO UIERUkLOEXERALLIA91UTY U EACH(=RRF?M 3 wo EXP(AT4 IX4 P"M M"LkL&ADVIRJURY 0 EHI ArORECATE Ll V1 FAPPU E8 FER; r1E1WRAt"keMQATT! : POLr1y E I mor CLOG FROOUOTS�CIWPOOPA'30 S �OTtim 4 A AuTomo&,Leimww L Lj 081093477 1211312014 USM3120 5 rz rr $ ANYAWO 6WILY INJURY(Nt POVON 3300,000 ALLOANED SCt4EEk$LM AUTOS AUTOS' swtyu1)vRy(Pcfz";sw4 $300,000 NCO-UNNE0 PROPMTY 1)XVAGE IIEREDAUTOS ALFrCLS fP'r $100,000 a Li Li L'AL'As H"" PXCMUA& rwva.]=E� AaagEeATE 0�7u -..- RETENT03 VIORKER-SCO11IMSAT10H PEA 01w AND LYPLOYERV UAPLITY �TATUTE Lil ER ANY PROPFd"OfVPAft1NPR&;XC=N9 ELLFAC41AWOUIT $ El MIA F-LDZFA8U-1 Is &ESCWTIOR OF OPERATIONS I LOCAM0 I WHIC"* Insured wahialol. 2005FORO TRUCKS P2&0VINtjjFTSW205X6EI3jj68j CERTIFICATE HOLDER CANCELLATION city of Do tray Beach SHOULD ANY OF THSABOV9 DESORIDEO POLICIES BE CANGEtLED BEFORE 100 NW Ist Avo THO QXPIRATION DATE THEREOP, NOTIOR YALL OR DELIVERM IN Delray Beach FL33444 ACGORDANVEVATH MUPOLIOYPROV18ION0. "MORUM0 REM C-i 01TATM Sunny duok 031241206 (D 1088,2014 ACORD CORPORATION, All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered Marks of ACORD Pt",R W v0iq F"mit Doi#Web Wthuc~.Fofmi Flat LcDj%?Impts iNs Pubtliht-1 00,101-071 State -of-Florida Departnient 6f State I certify fi-om. the records of this office that GATOR'LANDSCAPE & IMGATION INC. is a corporati6n organized under the laws of the -State-of Florida, filed on November 3, 1997, effective Wov6mber 12, 1997. The document number of th18 corporation is P97000094813. I further certify that said corporation has paid, all f-ees due this office ' th-ough December 31, 2011, that its most recent annual report,was filed on February �7, 2011, and.its status is active. I finther certify that said corporation has -not 'filed Articles of Dissolution, Given under!ny hand and the Great Seat of Norlda., at Tallahassee, tile Capiyal, IIIIS ille_Mpq day qfMarch,2011 Secretary of State AidhaflealfonW:100196197081-030111-pglo00094813 To atithenticato.this catOoatavisff ifto followhig sito,enter this 11),and thon follow the Inomotions displayed. htips;//Orlle,sunbiz.oyg/cortaiithvei-.htmI LOCAL BUSINESS TAX THIS IS NOT A BILL RECEIP'T # 15 00037642 CITY OF BOCA RATON AAiy changes in name,addrow, BUSINMS TAX AUTHORITY suite,ownership,eta,NY111 require, 201 WF-ST PALNfM`O PARK ROAD a new application within 15 days to BOCA RATON,FLA.31412-3795 avoid p6nalty or the license,is nult and Void, GATOR LANDSCAPING BELLOFUTY0 JR.,JOHN M. Businem Tax fee: 105.00 12 TAM 0 SHANTER LN BUSINESS TAX RECF—JPT ' Penalty fee: .00 CERTIFICATE OF USE Late fee: .00 EXPIRES: 9/30/15 ' Additional fee: .00 Transfer fee: .00 GATOR LANDSCAPING Total paid; 105.00 12 TAM 0 SHANTER I-N BOCA RATON FL33431 has paid the buriam tax at the above address for(Ito period beginning the Ist day of October and ending the 30th day of September to engage In the business,prof@sslort or owipation of. Unssification: LANDSCAPING SERVICF-�S Welcome to the City of Boca Raton.We are proud to have your business in our community. You may call us at 561-393-7937 if you have questions relating to your business needs, Office hours are.8:00 AM to 4:W PM, except Wednesday the bours.are 8:00 AM to 3:00 PM. Pleaso verify all information oil your Business Tax Receipt and notify us immediately if there is aii error. ALL CHANGES REQUIRE A NEW APPLICATION.Visit our website at:WWW.MY.BOCA,US, "Quicklink'to Business Tax to download applications and to verify business information.Applications must be submitted in person with appropriate documentatiort and fee. If the business has closed or moved outside the City limits,you are required to notify the City in writing. Please post this"Business Tax ReceipV'at the above location in a place where it may be seen at all tinies, A courtesy renewal notice will be sent 30 to 60 days prior to -x'iration.If you do not receive the renewal Olt notice,you must still p�y the tax on time. Late penalhes will no be waived ifyou do not receive the, notice.The BusinessTax may be renewed in person, by drop-bo,-iwitbin CityHall,by mail or by usinsthe website and click"onli tie services"from the honiepage.To renew online you will need your Business ax Receipt#andyour pin #.ne-se numbers will be provided on your-renewal notice.We accept check,cash, money order,Visa, MasterCard or American Axpress as a method* of payment, Check must have Business Tax Receipt#and be made.payable to the City of Boca Raton. DO NOT�NWL CASH.Failure to pay,your Business Tax on or before the close of business on September 30 will cause penalties to be applic tothe renewal taxas indicated below. MIS RECEIPT DOES NOT AUTHORIZE THE opg%vrm OF ANY BUSINE SS OR PROFESSION MITHIN THE CITY.A SEPARATE"CERTIFICATE OF USE"IS fff UTIRE D FOR E VERY LOCATION MITHIN THE Q-TYWHERE A BUSINESS INTE NDS TO OPE RKrE. PAYMENT AND PENALTY SCHEDULE DATE PENALTY EFFECTIVE- SEFT 30 OCT I NOV I DEC I JAN I MAR I PENALTY: 0% 10% 15% 20% 25% 25% + $250.00 406'�"'ITY OF DELRAY BEACH 100 NM' t"AVENUE,DELPAY BEACH, FL 33444 BM Nee 201549 STORWHER RETENTION AMS LUDSUPE MMMUCE MAYOR -CARY D.GLICKSTFIN VICE MAYOR -SHELLY PETROLIA DEPUTYVICEMAYOR -JORDANA)ARJURA COMMISSIONER -ALJACQUET COMMISSIONER -MITCH KATZ CITYMANAGER. -DONALDCOOPER Purchasing Division oFinance Department 4-(561) 243-7161/7163 *Fax (561) 243-7166 "ITY OF DELRAY BEACH -7161/7163 TEL: (561) 243 FAX: (561) 243-7166 PURCHASING DIVISION REOUE$T FOR DID BID NO. 2015-39 TITLE: STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE ISSUE DATE: March 16, 2015 DEPARTMENT: STREETS & TRAFFIC DUE DATE: Tuesday, April 07, 2015 TIME: 2:00 P.M. (local time) INSTRUCTIONS All bids shall be submitted in sealed envelopes, mailed or delivered. All sealed bids must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office,100 NW Ist Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5,,00 p.m., Monday through Friday, except holidays, A MANDATORY PRE-BID conference has been scheduled for WEDNESDAY,MARCH 25, 2016, at 11.00 A.M. , in the First Floor Conference Room,Cily Hall, 100 N.W. Ir"Avenue, Delray Beach, FL �3444. Bidders are required to attend and be prepared to ask questions. A Bidders failure to attend the Pre-Bid Conference will disqualify that Bidders bid. A Bidders failure to sign In within ten (10) minutes of the 11:00 A.M. conference start time will disqualify the Bidders bid, All bids will be publicly opened at City Hall and all bidders and the general public are invited and encouraged to attend. Each Bid submitted shall have the following information clearly marked on the face of the envelope: the Proposer's name, return address, BID number, BID title, due date and time. It is the sole responsibility of the proposer to utilize the forms provided in the bid package and to ensure that his/her bid reaches the Purchasing Office onfor before the closing date and hour as shown above. Included in the envelope shall be ONE (1) unbound original and TWO (2) copies of all bid sheets of all submitted materials. The original should be marked'ORIGINAL". Each copy must be identical to the original. . The City's Solicitation information can be obtained from: a) DemandStar- The City of Delray Beach publishes electronic online services for notification and distribution of its Solicitation documents. Please contact DemandStar at www.demandstar.com or by calling them at 1-800- 711-1712 b) Request via email nadand m�,de.haviie-acti com c) City of Delray Beach-Hard copies are available at City Hall Bidders who obtain Solicitations from sources other than those named above are cautioned that the bid package may be incomplete. The City will not evaluate incomplete bid packages- DemandStar is an independent entity and are not agents or representatives of the City. Communications to these entities do not constitute communications to the City- The City is not responsible for arTors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the hard copy Solicitation documents, the terms and conditions of the hardcopy documents will prevail. Bid No,2015- 39 Stormwater Retention Areas Annual Contract BID N@. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE MARCH w, 2ois This Request for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda andlor any pertinent document form a part of this BID and by reference are made a part thereof SCOPE OF SERVICES: Consist of mowing, trimming, edging and litter control of stormwater retention locations as listed, located within the City of Delray Beach. DUE DATE: Tuesday, April 07, 2015 prior to 2:00 P.M. at which time all bid will be publicly opened and road. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall, 100 N.W 1-�Avenue, Delray Beach, FL., first floor Conference Room. Bidders and the general public are invited and encouraged to attend. The following forms must be included in the seated package: • IndemnitylHold Harmless Agreement • Cone of Silence • Drug Free Workplace Certification • Schedule of Pricing • Bid Signature Form All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. I s7Avenue, Delray Beach, Florida 33444. Bids time-stamped at 2::01 P,M. or later, will not be considered for award and will be returned to the Bidder. INQUIRIES. Questions regarding this solicitation must be sent through email to purchasing, nadaigmyciefraybeach.com. To ensure a timely response, inquiries should be made by Thursday, ApLil 2"d 2015 prior to 2:00 P.M. Information in response to inquiries may be published as an Addendum. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety (90) days from the last date for receiving of bids for acceptance of its bid by the City Manager andlor City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, JrTegularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, andlor to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. Bid No-2015- 39 Stormwater-Retentfon Areas Annual Contract 2 C'03TV OF DELRAY BEACH BID No. 20IS-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE Table of Contents Invitation to Bid I - 2 Table of Contents 3 General Conditions, instructions and Information 4-9 indemnity/Hold Harmless Agreement 1D Cone Df Silence Drug Free Workplace Certification 12 Standard Form of Agreement 13 -18 Corporate Acknowledgment 19 Certificate jif Corporation) 20 Specifications/Technical Specifications 21-25 1 Special Conditions 26- 29 Schedule if Pricing 30- 34 Additional Information Request 35-3b Equipment List Professional References 37 Insurance Requirements Samples 38-41 Bid Signature Form 42 Statement of"NO BID" 43 Submittal Check List 44 Attachment ( Prior Tab Sheet) 45 Bid No-2015-39 Stonnwater Retention Areas Annual Conti-act 3 GENERAL CONDITIONS9 INSTRUCTIONS AND INFORMATION BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE DEFINITIONS; For the purpose of this BID: "Proposer" shall mean contractors, Contractors, agencies, organizations, firms, or other persons' submitting a response to the BID. Any reference in this BID as to bidders or contractors shall mean Proposers or bidder. Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this BID, Proposer should prepare their bid simply and economically providing a straightforward and concise description of the Bidder's ability to meet the requirements of the BID, The City may record its responses to inquiries and any supplemental instructions in the form of a written addendum. The City may issue a written addendum before the date fixed for receiving the bid, No oral explanation may be given. All Bidders are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication prior to the opening of the bid. The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify Bidders of all changes in scheduled due dates by written addendum, AS SPECIFIED: A Contact and/or Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein, Items/services delivered not as specified, will be returned/cancelled at no expense or penalty to the City of Delray Beach, 1. SUBMISSION AND RECEIPT OF BID: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete alt questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed it? ink� All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his�her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid- Bid No,2015-39 Stommater Retenlion Areas Annual Contract 4 3. PRICES AND PRODUCT CONSIDERATION: A, Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in this bid will be firm for acceptance for a period of ninety(90) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items andlor services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes- Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F Economic Price Adjustment. a) there may be a change in the Successful Bidder�s price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days before the price increase would become effective. The City determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. 4. DELIVERY: A. All items shall be delivered F.0.B. destination, and delivery costs and charges included it) the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5. BRAND NAMES: -If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship, Bid No-2015-39 Storrinvater Retention Areas Annual Contract 5 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material andlor service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality, In the event the material andlor services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense, 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, Joss, or expense occasioned by any such violation- 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal, 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the pad of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager andlor City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications andlor conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B� Any omissions of detail specifications stated herein that would render the materiallservice from use as specified will not relieve the bidder from responsibility 15. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits, Contractor shall pay for permits for at/other work. Bid No.2015-39 Slownvater Retention Areas Annual Contract 6 B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain a 'Business Tax License"before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies to have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance andlor Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See pages 38— 41 for Insurance Requirements. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities andlor irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard afl non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or a#Bids, or any pad of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price, Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES, The City of Delray Beach is exempt from any sales tax imposed by the State andlor Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order, 18. EXCEPTIONS TO CONDITIONS, 4 THRU 9 (Boller Plate): n time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 19. RENEWAL: The successful bidder shall be awarded a contract for ONE (1) year(s) with the option to renew for TWO (2) additional one (1) year periods, renewable by the City Commission. The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the City Commission. 20, TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty �30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 21, ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in a[/respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid fist(s)_ 21 CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or it) any portion of the profits thereof; or Bid No.2015-39 StonnwaterRetenfian Areas Annual Contracl B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, a# bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder�s firm or any of its'branches. 23. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation1termination of the contract. 24. NON-DISCRIMI NATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following. employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination, rates of pay or other-forms of compensation, and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting faith the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is theresponsibility of the subcontractors to be in compliance. 25. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity� may not award or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity. 26. PAYMENT PROGRAM: The City encourages all vendors to utilize our ProcessMe payment program. The ProcessMe program replaces paper checks with an electronic card payment. The City provides the vendor with a Visa (credit card) account number which would be used when the City processes invoices for payment. Contact for enrollment. 27. BID PROTEST: PROTEST OF AWARD I PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Bid or Responses is subject to the protest procedure. Bid No,2015-39 Stormwater Retention Amas Annual Contract 8 Note-, Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (59,o) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW I"A ve Delray Beach, FL 33444 (Remainder of page intentionally left blank) Bid No.2015-39 StormwaterRetention Areas Annual Contract 9 UNDENNITYIHOLD HARMLESS AGREEMENT BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Defray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there-from, or any other damage or loss caused by any negligent act, error or ornission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them- The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor tinder any contract or agreement or under worker's compensation acts,- disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contrwtoi's Nan)& skjnature Date Bid No.2015-39 Starmwa ter Retention Areas Annual Contract 10 COME OF SILENCE BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach, Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence'provision that limits communication during the City's procurement process in regard to this BID, which provides as follows: Sec. 2-356. Cone of SilenGe. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between.- (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissionees staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, CONTRACTOR, lobbyist, or any actual or potential subcontractor or CONTRACTOR of the person. (C) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meefing, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.(e) The cone of silence shall not apply to an),purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article I//, division 2, part A, section 2- 51 of seq.) or municipal ordinance as applicable� (0 The cone of silence shall terminate at the time the board,local municipal governing body, of a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall tender the transaction voidable. 0Mtfactor`s Namee Signature Date Bid No,2015-39 Stormwater Retention Areas Annual Contract DRUG FREE WORKPLACE CERTIFICATRON BID No. 2ols-39 STORMWATER RETENTION AREAS LAND$CAPE MAINTENANCE If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid1proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS.- Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees thaf the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying .the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are tinder bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 OF of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by an),employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section- Conkmtor's Narm S&Oatufe Date Bid No.2015-39 Stormwater Retention Areas Annual Contract 12 �"�I�� ""i7W F9- L 11:-� STANDARD FORM OF AGEMMMENT offrWEEN CRrV AND CONTRACTOR THIS AGREEMENT made this- day of 2015, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will petform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements, 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following. CONTRACT DOCUMENTS PAGE NUMBERS invitation to Bid 1- 2 Table of Contents 3 General Conditions, Instructions and Information 4- 9 IndemnitylHold Hannfess Agreement 10 Cone of Silence if Drug Free Work Place Certification 12 Standard Form of Agreement 13- 18 Corporate Acknowledgment 19 Certificate (if Corporation) 20 Specification/Technical Sp%1fications 21 - 25 Special Conditions 26- 29 Schedule of Pricing 30- 34 Additional info Request/Equipment List 35-36 Professional References 37 Insurance Requirements 38- 41 Bid Signature Form 42 Statement of No Bid 43 Submittal Checklist 44 Attachment(Prior Tab Sheet) 45 Bid No.2015-39 Stormwater Retention Areas Annual Contract 13 Addenda numbers— to inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses- As to City, City of Delray Beach, FL 100 NW Ist Avenue Delray Beach, FL 33444 As to CONTRACTOR: T The CONTRACTOR shall not, without prior written consent of the CITY, assign any porfion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY, 8, The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Bid No.2015-39 Stormwater Retention Areas Annual Contract 14 9, In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, Firm, or corporation, The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and a// suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either, This indemnification includes all costs and fees including attorney's fees and costs at ttial and appellate levels. Bid A10,2015-39 Stonnwater Retention Angas Annual Contract is The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. PUBLIC RECORDS LAWS; CONTRACTOR shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CONTRACTOR agrees to.- a) Keep and maintain all records that ordinarily and necessarily would be required by the City� b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed. the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. Bid No.2015-39 Stormwater Retention Areas Annual Contract 16 12. INSPECTOR GENERAL: CONTRACTOR is aware that the inspector General Of Palm Beach Coun�y has the authority to investigate and audit matters relating to the negotiation and periormance of this contract, and may demand and obtain records and testimony from CONTRACTOR and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 13. FORCE MAJEURE: No patty shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any patty, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure'). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 14. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No-2015-39 Ston-mater Retention Areas Annual Contract 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. A TTES T. CITY OF DELRAY BEACH, FLORIDA By.- City Clerk Cary D. Glickstein, Mayor Approved as to form: City A ttomey WITNESS: CONTRACTOR: B Y. (Print or type name and title) (Print or type narne and title) (SEAL) Bid No.2015-39 Stommater Retention Areas Annual Contract 18 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this _day of , 201 by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used hislher (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Bid No.2015-39 Stormviater Retention Areas Annual Contract 19 CERTIFICATE (If Corporation) S TATE OF FLORIDA SS COUNTYOF I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on 20 , the following resolution was duly passed and adopted.- 'RESOLVED". that as President of the corporation, helshe is hereby authorized to execute the Agreement dated ' 20 , between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate sea/ affixed, shall be the official act and deed of this corporation". further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of ) 20 (Secretary) (Seal) Bid No�2015-39 Stormwater Retention Af-eas Annual Contract 20 SPECIFICATIONS BID No. 2ots-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE A. PURPOSE. The putpose and intent of this Bid is to establish an open-end Contract to provide the best quality mowing service available at the most economical price. Service and good workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material andlor workmanship than is described therein, B, NOTICE OF AWARD: It is and shall be understood and agreed that Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering same. Contract shall be awarded on the basis of lowest total to the responsiblelresponsive Bidder who demonstrates compliance with bid specifications, capability to peiform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview will be considered together with price in the contract a wa rd. C FIRM PRI C E: The City requires a firm price for the Contract period. D CONTRACT TERM: Term of contract shall be one.(1) yea from award of contract, on or about April 2015, and expiring one (1) year later. The City Commission may renew the contract, at the same terms, conditions, and price(s) for two (2) consecutive terms of one (1) year per paragraph #19 of General Conditions of this bid. E MARKET CONDITIONS: The City reserves the right to purchase on the open market should lower market prices prevail, at which time the seller shall have the option of meeting the lower price or relieve the City of any obligation previously understood. F. ORDER PLACEMENT: After the award of contract to the successful bidder, the City reserves the right to utilize either of the following order placement methods: (a) Purchase order will be issued to the successful bidder throughout the contract period on an as-needed, when-needed, where-needed basis. Vendor must note the name of person placing order on delivery ticket. Or (b) A blanket (open) purchase order will be issued to successful bidder for the City's anticipated annual dollar volume. Releases for partial defivety of services will be made against said blanket order. Vendor must note name of person placing order on delivery ticket. F. PERFORMANCE: It is the intention of the City of Delray Beach to purchase landscape maintenance services as specified herein from a source of supply that will give prompt and convenient service. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting Contract immediately upon notice by the City� Bid No.2015-39 Stommrater Retention Areas Annual Contract All landscaping shown therein shalt be installed in compliance with the Florida Department of Transportation "Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways" and the "Manual of Traffic Control Safe Practices for the Streets and Highway Construction Maintenance and Utility Operation'. All laborers must wear orange chartreuse safety vest and all vehicles parked along the right-of-way must be marked with 36"traffic cones. H. PERFORMANCE PROBATION PER)OD: The successful awardees will immediately enter into a three-month probationary period upon contract award. During this time the awardees'performance will.be closely scrutinized by City staff. If the awardeas'performance fails to consistently meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contract will extend through the expiration date given in this bid. The City has the right to terminate the contract during the probationaty period with or without cause, and this right shall be solely at the discretion of the City. 1. ALTERNATES: For purpose of Bid evaluation, Ridder(s) must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the Bid fully complies with the specifications, terms and conditions as stated. J, BACKGROUND INFORMATION; The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. NOTE: For this bid vendor must attach to his bid at) accurate, up-to-date listing of his current maintenance equipment, including brands and model numbers. The City also requires a listing of commercial as well as residential accounts, including main contact person and phone number. This information will be considered in the contract award reviem FAILURE TO INCLUDE ALL DATA NOTED ABOVE WITH THE BID MAY ELIMINATE YOUR COMPANY FROM THE BIDDING PROCESS; PRIOR SUBMITTALS WILL NOT BE ACCEPTED. 'City reserves the right to inspect a//maintenance equipment prior to contract award, K DEFAULT OF CONTRACT: The City may, by written notice to the successfUl bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. City shall be sole judge of non-performance, L. REJECTION OF IRREGULAR PROPOSALS: Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the City as non-responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informalities in any bid and to reject any or alt bids. M. TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation, without prior written consent of the City. In the event that the successful Bidder does not hold a commercial pesticide applicators license, the successful bidder may contract with a qualified firm to perform the chemical applications, In this event, the successful Bidder shall notify the City of this intent and PRICES FOR THE WORK MUST BE LISTED IN THE BID. The bidder must extend those services for the duration of the contract for the prices quoted. Bid No.2015-39 Stormwater Retention Areas Annuaf Contract 22 N. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor will any Contract be awarded to, any person or firm which is in aTi-ears to the City upon any debt or Contract, or which is a dofaull as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City. 0, CAPACITY: Vendors must have the capability to perform contracted maintenance on a timely basis and with proper equipment and supervision. Vendor must adhere to maintenance procedures and schedules as set forth in the conditions and specifications. Failure to do so shall result in Contract cancellation. P� BID SUBMITTALS: All Bids must be submitted on the attached "Bid Form", SCHEDULE OF PRICING. TOTAL BID PRICE SHALL INCLUDE ALL THE LOCATIONS AS LISTED IN THE -TECHNICAL SPECIFICATIONS", ITEM#2. LOCA TIONSIACCESS", Q. INFORMATION: For information regarding the submission of this Invitation To Bid, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach at (561) 243-7161. Any technical questions regarding maintenance areas and service listed relative to this bid should be submitted in writing via email: nadal(a)mydelraybeach.com or tax: �561) 243-7166 and will be addressed or answered in the form of an addendum only. -.> All questions should be submitted on later than April 02, 2015 @ 2;00 P.M. R. VENDOR SERVICE REPRESENTATIVE: The Bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance service, A contact for both regular work-hours and after-hours, weekends and holidays must be identified. This will become a part of the bid proposal and shall be understood and agreed. The contact person for the City of Delray Beach for coordination of landscape maintenance service will be Harold.Bellinger, Superintendent of Streetsl'Traffic of Public Works, or his designee, which they can be reached(561) 243-7338, S. BILLING, SCHEDULING AND REPORTS: Vendor shall submit a monthly invoice the first of each month, itemizing all maintenance items performed the previous month. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice noting dates, times and locations of operations. The Public Works Division must be notified prior to any change in scheduling within five (5) working days to allow City staff to inspect sites for scheduled maintenance. Written reports must be turned in after each mowing operation on a checklist to be provided to the awarded by the City, T� PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, Or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287-017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bid W2015-39 Stonnwater Retention Areas Annual Contract 23 TECHNICAL SPECIFICATIONS BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE I SCOPE OF SERVICES: The scope of services consists of an annual contract to mow, trim, and edge fifteen (15) storm-water retention locations consisting of approximately 10.46 acres. An add-on altemate is being taken for fertilizing these areas. LOC ATIONS/ACCESS: The following listed locations and acres. inore or less, are included as part of the bid: Acreage Pond ID h Project H Location Retention Lot 08001 1991-057 NW I e Avenue & Lake Ida Road Tz-2 —2.o8 Roosevelt Avenue &Lake Ida 1.18 2.14 17RO03 2003-062(B) NW fe"Avenue &NW Yo Street 0.77 0.77 18R001 2003-062 Dr Carol Knol Way&N. Congress Avenue 1.22 1-73 09RO01 2002-040(A) NE Ave & Between NE 17' &NE I 8th St 0.45 09RO02 2002-040(8) NE Ave & Between NE 15"' &NE 16th St 0.27 0-39 _U9_R003 2002-040(c) NE Ave &NE 14"' Street 0.31 0.41 2OR002 1993-058 City Car Impound Lot 0.02 0.02 17RO02 1999-061 SW 4'Avenue & SW 1$'Street 0.55 0.76 20R005 2003-020 sw 7m Avenue (400 blook) 0.32 0-32 f7RO05 2007-013 SK/I I'Avenue & SW 2' Street 0.14 0.18 20R003 1994-084 (E e. tA� SW le Avenue & Wallace Drive (2 sites) 1.02 1.07 2OR001 1993-012 South Ridge Road& Sterling Road 0.05 0.32 2913001 2000-045 Lindell Blvd. & Old Dixie Highway 0.56 0.76 21RO01 1996-010(east) 55 SE 4 10;"Street(FPL) 0.55 0.68 21RO02 1996-010(south) Park Avenue & Old Dixie High�vay(3 sites) 0-2 0.37 TOTAL ACREAGE 9�19 . .12.45 .1 Ficus hedges at the following locations shall be inaintained by the Contractor as part of this Contractor as part of this bid package. Pond ID Project# Location 20R001 1993-012 South Ridge Road& Sterting Road 20R003 1994-084 (F& Kq SMI W'Avenue & Wallace Drive (2 sites) 21R001 1996-010(east) 55 SE 4 1(P Street(FPL) Lindell Blvd. & Old Dixie Highway Bid No.2015-39 Stoirnwater Retention Areas Annual Contract 24 SECTION 42: This includes two locations - Area 1 and Area 2 for the Improved Water Retention Areas: Area #1 A water retention area at Lindell Boulevard and South Dixie Highway, It is a rectangular area Nvith the southern perimeter being Lindell and the eastern porinietcr located west of Dixie Highway and F.E.C. Railroad. Area 92 A series of three water retention areas along NE 3'd Avenue. The first Lot "C" is located on the east side of NTE 3 d Aventic,Just north of NE 14" Street. Lot "B" is just a few lots north of"C", and lot "A" is a fov lots north of that, across fi-orn the. back of Plurnosa Elementary School." Bid No.2015-39 Stormwater Retention Areas Annual Contract 25 SPECIAL CONDITIONS 131D No. 2015-39 $TORMWATER RETENTION AREAS LAND$CAPE MAINTENANCE Landscape Maintenance Functions and Tasks njRF CARE MailltUiR turf areas in a healthy, growing, green, trin) condition by performing the following operations: Z, 1.1. MOWING GENEIZAL: Mowingshall be performed in a workinan-like manner that ensures smooth Surface appearance without scalping or leaving an),"missed" uncut grass. a. All inowers must be ac�justable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height a4justment to be measured from a level floor Surface to the Parallel and level plane of the inower blades. b. All mower blades are to be sharp enough to cut, rather than to tear grass blades. C All litter and debt-is is to be removed from turf BEFORE niowina to avold shredding that will damage turf appearance, or items that may be propelled by mower blades. Any items shredded, i.e., paper, branches,de�bris, shall be the responsibility of the contractor to remove. d. Grass clippings or debris caused by inowing or trimming will be removed fi-orn adjacent walks, drives, gutter, and curbs or surfaces on the same dayas mowed or trimmed. C. Mowing will not be done whert weather or conditions will result in darnaged turf. f, Trim/edge each time area is inowed. 1.2 MOWING SPECIFICS (BAHIS GRASS). a. Bahia arass shall not be cut to a height below 3 inches. C b. Grass shall be mowed once a week, March I"through November I`and evcr�y other week between November I" to February 29'h. 2.0 EDGING: Edf-,inp-shall be performed to coincide with rnowing operations. Bid No.2015- 39 Stormwater Retention Areas Annual Contract 26 3.0 WEED CONTROL. "Landscape Maintenance Weed Control" a. Weeds arc to be mantiali), or mechanically removed frorn shrub, hedge. grOUnd cover or floNverbeds morithly; -weeds arc not to be mulched over. b. A granular pre-ernergent herbicide shall be applied in shrub beds, twice a year, prior to mulching in March and October. The itse of ROUnd-up or similar systemic herbicides is not applicable in bedding area or hedoe I ines. 4.0 PRUNING: a. Shrub and Hedge Ca -, Maintain/trimmed monthly; maintain shrubs in a healthy, arowing Z� correct-color condition and in the shape and area specified, or as specifically directed by City Designee. b. "Maintenance Prunin " shall consist of the removal of dead and/or broken branches stickers or branches that may liang over walkways, , gro", thrOUgh fences, obscure roadway vision, etc. Pruning is performed to have shrubs appear ordedy and neat at all tilnes. C. All pruning will bcacconiplished in accordance with standard practices including: (1) use sharp cotters (2)do not use hedge shears for pl-Uning (3) Machetes will not be permitted for an), operations d. Palm Trees shall be trimmed monthly. The fronds shall be removed between the 9:00 and 3:00 position, i.e. no fronds shall be removed above a horizontal level. Dead fronds shall be removed as the),appear. C. Shade Trecs shall be pruned to remove slicker growth and to maintain clear visibility between grade and a height of six feet. All damaged, dead or diseased limbs restilting frorn weather or pests shall be removed irn med late)y. SPECIAL NOTE: All debris, limbs and fronds will be picked up the same day of pruning. Failure to pick debris will result in a $50.00 per day fault fee, as long as debris remains. 5.0 IRRIGATION: Irrigation systems will be checked by Cily personnel upon each inowing operation tO ensure no darnage to heads Z� I or valves. Any leads or valves damaged by Contractor in the act of rnowing will be replaced by Conti-actor at his cost. If the City provides the replacement parts the cost will be deducted from payment-,due the Contractor. 6.0 CHEMICAL PEST CONTROL: a, Turf Insecticide Pro2ram—Sodded areas shall be inspected by the Landscape Contractor for tile presence of insects, such as chich bugs, any worms, sod web worins, and rnole crickets. Appropriate applications of approved pesticides shall be"applied effectively c-ontrol the-outbreak, b. Shrub, Tree. Groundcover insect Control shall be for spceific insects identified as problematic and treated as needed upon City aUthOrization, Some specific insects to be controlled arc aphids, scale and grasshoppers. Did No.2015-39 Stormwater Retention Areas Annual Contract 27 C. Disease Control in turf and shrub will be by identification and diagnosis and application of appropriate fungicide or bactericide as needed upon authorization of the City. d. Bahia Weed and Feed Application Weed and Feed shall be applied to Bahia areas.in early March and early October with a slow release, high analysis fertilizer containing micronutrients and herbicide compatible with Bahia sod. C. Shade Tree Fertflization fertilizer shall be applied in April and September with an 8-10-10 or 10-10-10 complete fertilizer with microclements. f. Palm Tree Fertilization Palms shall be fertilized in April and September with a complete 13-3-13 pahn fertilizer containing microclements at a rate of one(1)pound of fertilizer per inch of trunk diameter. 9- Shrub and Groundcover Fertilization shall be fertilized in April and September with a 12-6-8 with rnicroelements at the rate of% pound of fertilizer per 100 sq. ft. of shrub area. 7.0 **SPECfAL NOTE - General Use of Chetiflcals. a. All work involvino the use of chernicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators' license. Application shall be in strict accordance with all governing regulations. b. A listing of proposed chemicals to include commercial name, application rates and type of usage shall C, be submitted to the Streets Superintendent for approval at the beginning of the Contract. All proposed 0 chemicals shall be approved by Florida Department of Agriculture. No work shall begin until written approval of use is obtained from the City. Chemicals shall only be applied by or underthesupervision of those persons possessing a valid Florida Certified Pesticide Applicators license. Applications shall in strict accordance with all governing regulations. C, Special attention vvill be given to specified areas prior to national holidays to ensure that the City is at its best during these times. Conti-actor will check, area two days prior to holiday and verif-v that maintenance has been propedy performed. I d. Records must be kept and retained as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chernical formulations, applicatoi's name-, and weather conditions. A copy of the detailed chemical application shall be submitted to the Public Work's Streets Superintendent within 48 hours of application. C. Chemicals shall be applied -when air currents are still and using methods to prevent drifting into adjacent propert), and prcventing ant toxic exposure to persons whether or not they are in or ricar the project. r. Any sail or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsible Contractor. 8.0 MULCH Shredded cypress mulch (not red mulch)shall be added to planting beds on a quarteriv (January, April, July and October). A granular pre-ernergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weed- when new mulch isapplied, Did No,2015-39 Stormwator Retention Areas Annual Contract 28 9.0 REPLACEMENTS: Tile City shall replace an), landscape, irrigation, or structures dainaged by maintenanc�e operations or due to neglect to perform these specifications and charge cost to maintenance contractor (Contractor will be notified prior to replacement of repair by City designee). 10.0 DAMAGES Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes straightening and staking any fallen or leaning trees and palms: removal of dead or damaged material; and minor sod grading displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod shall be laid to inatch existing grade, (Contractors must contact City designee within 24 hours of such repair), 11.0 REPORTS The Conti-actor shall provide a checklist filled out and returiled to the City(Public Works Street Support) within 49 hours after each maintenance operation, All maintenance operations, weather conditions, chernicais/pem control used, date they were performed shall be noted and any reports of damages shall be described. No payments will be made unless all reports are provided, 12.0 GENERAL a. No maintenance shall be performed on weekends or during holiday unless requested in writing and approved by the City, b. failure to respond to requests by City within 24 hours due to inadequate maintenance procedures, litter, limbs, and other debris not removed will result in $50.00 a day deduction from the following payment application. 13.0 The locations listed beloNv *villl regitire additional Maintenance. AREN/SECTION #1: is a water retention area at Lindell Boulevard and South Dixie Hi hway. 9 It is a rectangular area with the southern perimeter being Lindell and the eastern perimeter located West of Dixie Highway and the r.E.C. Railroad. Z-- AREA/SECTION 92, is a series of three(3) water retention areas along NE 3 d Avenue. Tile first Lot "C" is located on the east side ofNE 3d Avenue,just north of-NIE 14'�Street. Lot "B" is just a few lots north of�C" and lot "A" is a few lots north of tha(. across from the back, of Pluinusa Elementary School. Bid No.2015-39 Storrinwater Retention Areas Annual Contract 29 SCHEDULE OF PRICING BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE Ponds Page on 24 ALL BIDS INCLUDE FURNISHING AND UTILIZING NISCESSARY VEHICLES,EQUIPMENT,TOOLS, SUPPLIES, ETC. AS REQUIRED TO PERFORM WORK AS WELL AS REQUIRED INSURANCE, LICFNISES, ETC. PERTHE ATTACHED SPECII-I CATIONS,TERMS,AND CONDITION'S OF THIS BID. DESCRIPTION COST PER MONTH COST PER YEAR 1. Mowing, Trimming, Edging Retention Areas x 12 $ Months = 2, Fertilizing (add-on alternate) $ X 12 $ Months = 3. Additional Work Pricing (if/when required) a) Sod Replacement $ Sq. Ft. price b) Plant &Tree Installation $ Per Hour, Per Worker c) Fertilizing Per Gallon d)Addition Pest Contra] PerPound e) Additional Pest Control Per Hour, Per Worker f) Fire Ant Contro3 $ Per Hour, Per Worker I Bid No.2015-39 Stormwa ter Retention Areas Annual Contract 30 SCHEDULE OF PRICING BID No. 201.5-39 STORMWATER RETENTION AREAS LAND$CAPE MAINTENANCE > AREA #1 Water Rekention Lindell Blvd. and South Dixie Highway DESCRIPTION CITY. COST PER COST PER YEAR t. MoNvin 48 5,000 sq.ft. Per year $ Per Mowing $ 2. Edging 48 700 lineal ft. Per year PeTF-d&g 3. Weed Control-Shrub Beds 12 1,500 sq. ft. Per year $ Per Application 4. Shrubtf4edge Pruning Thryallis, Firebush,Fakahatchee Grass 4 Mar, Jun, Sept. &Dec. Per year 200-Shrubs,700 fin.ft. hedging $ Per Pruning 5. Palm Pruning 12 19 Sabals Per year $ Per Application 6. Weed& Feed-Bahia Mar. & Oct. 2 Applications $ Per Application 7 e Granular Insecticide f/Sod As Needed 2 Application $ Per Application $ 8. a Fofiar Insect Spray f/Shrubs As Needed 2 Applications $ Per Application $ 9. a Granular Fungicide f/Sod 2 Applications $ Per Application $ 10. Shrub& Shade Tree Fertilization 10-10-10 w/micros 2 April & Sept. $ Per Application 8 Shade Trees 1,500 sq.ft. Shrubs 11. Palm Fertilization 2 April & Sept 13-13-13 w/micros 19 Saba) Palms $ Per Application 12. Granular Pre-emergent herbicide 2 Apply prior to mulching Per year 1,500 sq. fL Per Application 13. =>Mulching- 1" 1.2 (5 cubic yards)Total=60 Per year $ Per Application $ Total Bid Price S e IF NEEDE D, APPLICATION SHALL BE PROVIDED AT THE UNIT COST Bid No_2015� 39 Stormwater Retention Areas Annual Contract IF NEEDED, APPLICATION SHALL BE PROVIDED AT THE UNIT COST SCHEDULE OF PRICING DID No. 2015-39 NE 3"D AVENUE RETENTION AREA "A" DESCRIPTION OTY. COST PER COST PER YEAR 1. MoNving 15,000 sq. ft. 48 PerYear $ Per Mowing S 2. Edging 700 lineal ft. 4 8 Per year Per Edging $ 3. Weed Control —Shrub Beds $ 1,500 sq. ft. 12 Per year Per Application 4, Shrub/Hedge Pruning Thryallis, Firebush, Fak-ahatchee.Grass 4 Per Year Per Pruning Mar, Jun, Sept. & Dec. 200—Shrubs,700 fin. ft, hedging 51 Palm Pruning 25 Sabals 121 Pei,vear $ Per Application 6, Weed &Feed - Bahia Mar, & Oct. 2 Applications $ Per Application S 7. o Cirantilar Insecticide f/Sod As Needed 2 Application S Per Application e Follar Insect Spray f/ShrUbS As Needed 2 Applications $ Per Application S 9. ,Granular Fungicide f/Sod 2 Applications $ Per Application S 10. Shrub & Shade Tree Fertilization 10-10-10 Nv/micros 2 April & Sept. $ Per Application 10 Shade Trees 1,500 sq. ft. Shrubs 11. Palm Fertilization 13-l')-13 w/micros 2 April& Sept 19 Sabal Palms Per Application 12. Granular Pre-emergent herbicide Apply prior to mulching 2 Per year $ 1,500 Per Application 13. =>Mulching— I" (5 cubic yards)Total =60 12 Per year Per Application Total Bid Pt,ice S IF NEEDED, APPLICATION SHALL BE PRONTMED AT THE UNIT COST Bid No.2015-39 Stormwater Retention Areas Annual Contract 32 SYCHEDIFLE OF PRICING to BID No. 2015-39 ME 3 ID AVENUE RETENTION AREA "13% DESCRIPTION QTY. COST PER COST PER YEAR I. Mowing 15,000 sq.ft. 48 Per Year Pei-Mowing 1 2. F-dging 100 lineal ft. 48 Per vear Per Edging 3. Weed Control—Shrub Beds 900 sq. ft, 12 Per year Per Application 4. Shrub/Hedge Pruning Thryallis, Firebush, Fakahatchee Grass 4 Per Year Per Proning Mar, Jun, Sept. & Dec. 92 —Shrubs, J 00 lin. ft. hedging__ S. Palin Pruning 21 Sabals 12 Per year S Per Application S 6, Weed & Feed - Bahia Mar. & Oct. 2 Applications $ Per Application S 7, *Granular Insecticide f/Sod As Needed 2 Application $ Pet-Application $ 8. e Foliar Insect Spray f/Shrubs *As Needed 2 Applications Per Application S 9, ,Granular Fungicide f/Sod 2 Applications $ Per Application 10. Shrub& Shade.Tree Fertilization 10-10-10 whnieros 2 April & Sept, $ Per Application 5 Shade Trees 1,500 sq. ft. Shrubs 11. Paim Fertilization 1.3-13-13 whnicros 2 April & Sept 19 Saba] Palms Per Application 12. Granular Pre-emergent herbicide Apply prior to mulching 2 Per year 900 S4. ft. Per ADDlication 13. �>Mulching— I" (5 cubic yards)Total = 60 12 Per year Pei-Application Total Bid Pi-ice S Bid No.2015-39 Storrmlater Retention Areas Annual Contract 33 IF NEEDED, APPLICATION SHALL BE PROVIDED AT THE UNIT COST SCHEDULE OF PRICING BID No. 2015-39 NE 3 RD AVENUE RETENTION AREA "C" DESCRIPTION QTY. COST PER COST PER YEAR 1. M wing 48 Per�'ear Per-MoNving S 15,000 sq. ft. $ 2. Edging 48 Per year Per Edging 400 lineal ft. 3. Weed Control—Shrub Beds 1,000 sq. ft. 12 Per vear $ Per Application 4. Shrub/Hedge PruningThryallis, Firebush, Fakahatchee Gtass. 4 Per Ycar $ Per Pruning Mar,Jun' Sept. & Dec� 60—Shrubs,400 fin. ft,hedging 5� Palm Pruning 15 Sabals 1 12 Per year $ Per Application 6� Weed & Feed - Bahia Mar. & Oct. 2 Applications $ Per Application 7. e Granular Insecticide f/Sod As Needed 2 Application $ Per Application 8. e Foliar Insect Spray f/Shrubs As Needed 2 Applications $ Pei-Application S 9. ,Granular-Fungicide f/Sod 2 Applications $ Per Application $ 10. Shyub& Shade Tree Fertilization 10-10-10 w1micros 2 April & Sept. $ Per Application 8 Shade Trees 0,500 sq. ft. Shrubs 11. �! Palm Fertilization 13-13-13 w/micros 2 April & Sept 19 Saba] Pairns Per Application 12. Granular Pre-etnergent herbicide Apply prior to nittiching 2 Per year 1,500 sq. ft. 1 $ Per Application =>Muichino— P! (6 cubic yards) Total= 72 12 Per year- Per Application S Total Bid Price S IF NEEDED, APPLICATION SHALL BE PROVIDED AT THE UNIT COST Bid No-2015-39 Stormwater Retention Areas Annual Contract 34 ADDITIONAL INFORMATION REQUEST BID No. 2015-39 STORMWATER RETENTION AREAS LAND$CAPE MAINTENANCE PLEASE ATTACH THE FOLLOWING DOCUMENTS AFTER THIS PAGE Please attach the following documents after this page. 1. Equipment List Yes No 1 Current Accounts 3. Number of Full Time Employees 4. Number of Years as a Landscape Maintenance Contractor 5. Delray Business Tax License Number 6. State Applicators License Number List of fertilizers / chemicals to be used. Document listing maybe attached. Fertilizers Chemicals Attachments: 'Yes No # FAILURE TO INCLUDE ALL INFORMATION NOTED ABOVE WITH BID SUBMITTED MAI' ELIMINATE VOUR COMPANTY FROM TITE BIDDING PROCESS; PRIOR OR AFTER SUBMITTALS '"'ILL NOT BE ACCEPTED. Bid No.2015-39 Stounwater Retention Areas Annual Contract 35 EQUIPMENT LIST BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE Type of Equipment Make Model Year 2 4 6 7 10 Letter of guarantee from a supplementary source for acquiring additional equipment/truckivehicies in the event they are required? F] Yes N o Bid No.2015-39 Stounwa ter Retention Areas Annual Contract - 36 PROFESSIONAL REFERENCES BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE *Please complete this page or attach your reference page to this sheet. Agenqy,�o�m any Address city,state,zip Contact Person Telephone Dalets Nice lofse Lype.af Service Comments: AgenaylCoLnpany Address city, State,zip Gantact Person Telephone Date(s)of Servicl= Type of Service I Comments: AgencylCompany Address C��.State,Zip Contact Person Telephone Dafe(s)of Servict, Type of Service Comments: Submitted By-, Date: VENDOR NAME Bid No.2015-39 Stonnwater Retention Areas Annual Contract 37 INSURANCE REQUIREMENTS BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs(1) to(4)inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1, Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws, In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liabilit - Coverage must be afforded on a forin no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and mast include: a) Minimum limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. q) Independent Contractors- d) Products andlor Completed Operations. o) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy Med by the Insurance Service Office and must include.- a) Minimum Limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance- Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not-onk name the types of policies provided, but shall also refer specifically to this bid and section and the above Paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such Para-graphs or this contract. The successful bidder will include the City of DelraV Beach as additional insured, If the initial insurance expi.res pa I or to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Cerlification the words 'endeavor to"and"but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative"shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No.2015-39 Stormwater Retention Areas Ann ual Contract 36 SAMPLE MANCTA 1D-.KR CERTIFICATE OF LIABILITY INSURANCE -DR11ATM ONLY AKD COt4p-0�,S UrcV VE CEKWCATT hQ'-.DZR-TH-S qg$Cja-Tjj!jCATE IS JSSV�D ASA MATTER 07 JKF FORMI) Ely 7-1-U PV-Y-I�s CERTrrcA7-_OD---F� tloT AFFIFMVJM�-Ly OFZ jjgGATTvFLy miFilu,t�XTPM OP.ALTER TH�:CD�- GH A7- H rTRAC7 MSUNC-tNSURE;74S�AUTHOMM RELM. TIaS rEKOF�--A.TI:Or KSUR-`Je--E DOSS NOT Co S-il=L A CC? R�PPFSFJfTAT-'1--OR PRODOCE3Z,AN01W R SUPROGA.WR IS VIAM-0,sw�a�t V, R ADOMI-�ZAL INStjRLD,t�& mtizt b�vndarsU,- LS tho wrn�anO condj5onA Wf th,paft%v,"MAA Poilcin Ir�y mquira an ene�=avq, A=te�"vt on this cMiDmU 6OC6 W.cznfb d9l, tO CgrIMIMLe nc-.Low In Mu 04-wrh end�zfmnt(A� Phune," Dotr.__-------M-W—I 5= 11 AW InsurancE Company Address CMTRAKi j xzr r A6dreRs RLMSiON 14LIF45ER CM--MAGaq CERTIFICATE WAIBER' a �<w THr -u:n J-�TC�CO�T,-y TKA7 rHE FLU=-rS iy- t;s--D B-cia Wr-rii�is.--JED 7-- snw."arn �� V;:*x�_7��!. )6-r,1.1M5TAM-W'*MY C.rvi�r,.,q 0.�Aillf cv.,M�,GT(A OTHU, v"T'r,RESPE-vt T--V.Mt�,H W_' _ATE A��Porc By TILS Mr-ES PJULEMNI�s sut-:E�--M T��E T�1� p�- MAN PSR -FIEEN'FLEUr'�M 6Y FAX s. Man, I eca-,Y IL-�.W.r w—� A 'i Aurc)i za) ILL j I-A�:H roar�r�jCS I i V. j 40 EXPLU,G.- TIN I it�ll k0ovv) Goo L) i cn= 5 1 000 000 C- CA—'y of Delrav-,,Beab� is listed as Additionf.,l lu6urea Pro�ect Naup: project Number. 30 Day; Norice �fvr CancellatAon OAMEU AnC% CITD&A S Ii OLLD A W.O�Tt i�A KAM DZSW,�e j PCL r-7-=5 n E�C;Pj r---L--D Way Beach EXF:Wjt;j� DK'IE HQTIV� WILL L- City of Dft 30 Days Natir-e ,100 MV I' AW111le LM��F Delray Beach,FL 33444 11 i :�1 q&,,;nj M1�Tll-—1- 1-T ACURD 25 12-AWD5� ACORD r-"Ma W�ingO art repi5Lmd mj:ft&ACORD Bid No.2015-39 Stoftnwater Retention Areas Annual Contract 39 IMPORTANT If the oet'ricato Wder Is Ril Awmowm twOMI), the poricypus) mua be endorsod, A s*,,AtWe-nl on th,$0ed5MjG does not confer rights holder-In Flou of such endumwOnt(s), if SUBROGATION IS WAJVED, aubp(j to 01-�terms and WOMOM of the PolicY, c0ft1A pollcfe$ Mny teq0ro an crido('tawnt. A Lhtamnt w this ceit&nte does not confat riphis to the wr9ftcato 11ajdar jn lieu of stzh eadomenwal(8). [118CLAIMER The Ged&,ata of Irw=nce on the ruvorw dde of thIt �xm doaG Liot COnStWB a bDhvaen the issuing fnwfur(s), authoriad raprMt1tailve or pg�ducer, ond tho car(Ificate holdDr, nor dOE-s R afftrnjavvc9y or mptivaty MOM, w1and or Wier Eho wMage tifforded by the pcftles WGd t�q=n- Bid NO,2015-39 Stormwater Retention Areas Annual Contract 40 MAMERCiAL GEhERAL LLABILrrY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RE-AD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS Tfil�endorsement n-joriltips Insurince pmvld(kd tirlder the feflkvAng: CONINUMAL GtiW=-Rk�I-MBILITY CUCuPJkGE PAW A. Section it-Who Is An Wured Is amended to Ttfr.1�uranco does not opply taj incivoe as an aodliiono� insured or), person or organization vilien you and sh-clo Person 1. 'Sodi�- lqjvty, 'propedy damuga' ot or orranLIalion have agreed in wribhc In a 'personal and ad�cr1Ir!ftg Injur), Zaused4 onn-kract or agreernew that mich Perisor,or in whole or ir Pori by the renderinu of, organ'.zsrxm bil- adae6 as ar, addillorfal in, or the fallury It)tender,any prc�estib-91 su red on your policy- Sua. pors�n or orgar� srchltectvra� eupinvarlig, or ruirvoying Ization Is ar, addR;onod Insured only Win sivvices,induding; rLspwl to flabilf),caused,In whole or In Part, Uy'yourworsr performod jrl�ureci aroi a. The pro-paflng. approving,or fa�finp isicludud In the *products-oomplolcd oper- to prepare or approw.,, maps:, shop atipr.u'hazard. dravvings,oplj-,Ws,rep:�rts,surv(q�, -f-he cmerage afforded Ic, life Adfitiohall In- fleld orders, change oniers, or su-cd is sojv.�!J�mjtsd to IlaNlity spffz:ffiGal�l drawf%and sp�!ultir-ahuns: rLe2;uRjnq 1myn CrtE ronduct of th�. ?,lamed In- surod, which may be imptned V,Ike Add!- b� flupervlsur�, inspe0ion, archTtez- tiopal lftsured� IuTal,or enfteering actIvItiD6. 13. This andorBerneril pFuvldf,-s m ��OraVB tc 2. Willful mtscondW of, or lov defects 'in the AddMxml Insured br Nablilly caused,In desigrT furnishO 4. Ufa additiona! In- ve.-tz,Ve or in par.. wl 0� 140 cialmec sured or 11-5*ernpt�yest% negligerfee of the Aduillional Insuled, otllOr tbai-which may he imputeo V�the Additkjna� As a condition of owmrage,the aedilionat h� Irsured trj vIrtue of jht:c3aducl of thb Named sure4 shall boobllg5lodta le.iderthedefense Insured. and indem-li!)l G' evei), olbim or suit to at� C. Witti respec,lo the flituravicc afforded these other Insurers that may ptavioe clave,fag,ID ud(ftlional jft5urFz1f;, the blIQw-Ing ariddlonal the addlUohal insured, whether contingent, excNevar.appliev or C�V",A"f VIW4�V W.11-�, off's,f,�wm It.P..�—A CG 70 87 0105 Rid No-2015-39 Stofmvloter Retention Areas Annual Contract 41 CITY OF DELRAY BID SIGNATURE FORM BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR RFJECTiON OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submifted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. NAMEOFBIDDER Name as registered with their State of origin BUSINESS STREET ADDRESS P�0, Box address not permitted LCITY, STATE,ZIP CODE MAILING ADDRESS: [j Check if same as Business address above. BUSINESS MAILINGADDRESS CITY, STATE, ZIP CODE AUTHORIZED SIGNATURE (Viltitten) PRINT NAME TITLE (of person signing forro) DATE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS VENDORSERVICE REP FOR ORDER PLACEMENT - NAME TELEPHONE I CELL NUMBER FAX EMAIL ADDRESS Bid No-2015-39 Stormviator Retention Areas Annual Gon tract 42 CITY OF DELRAY BEACH $TATEMENT OF "NO BID" BID No. 2015-39 STORMWATER RETENTION AREAS LANWCAPE MAINTENANCE if you are not bidding on this service or commodity, please complete and return this form via fax(561)243- 7166 or email to nadal@mvdetraybeach.com VENDOR NAME BUSINESS ADDRESS CITY,STATE,ZIP CODE CONTACT NUMBER SIGNATURE DATE Minority Owned Business: Black F� Hispanic El woman []Other We,the undersigned have declined to bid on BID No, 2015-39 due to the following reason(s), Please indicate below with an"X": Specifications too"tight", i.e.,geared toward brand or manufacturer only(explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other(specify below) REMARKS/OTHER Submitted By: Bid No�201,5-39 Stormwater Retention Areas Annual Contract 43 $UBMITTAL CHECK LIST BID No. 2015-39 $TORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE o YES E) NO Check List Form Ei YES u NO Bid Signature Form [D YES o NO Schedule of Pricing (check for accuracy) o YES o NO Addenda Acknowledgement (if any) D YES o NO IndemnitylHold Harmless Agreement o YES o NO Cone of Silence m YES [i NO Drug Free Workplace Certification P, YES u NO Professional References JOINT BIDDING,CO-OPERATOVE AGREEMENT Will extend the same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies. El YES NO $TATEMENT OF UNDERSTANDING 1, hereby acl�nowledge and declare that I have read and understand the "Invitation to Bid" document in full for Stormwater Retention Areas, BID #2015-39 for the City of Delray Beach and completely understand the requirements and expectation of the. DID ANFORMATION WAS OBTAINED FROM? E3 DemandStar Fj Newspaper Advertisement E:1 City Hall E] Email [_j Othor, p/ease specify-- Bid No�2015-39 Storinviater Retention Areas Annual Contract 44 CITY OF DELRAY BEACH ATTACHMENTS BID No. 2015-39 STORMWATER RETENTION AREAS LANDSCAPE MAINTENANCE Prior Tab Sheets Bid No.2015-39 Stormwater Retention Areas Annual Contract 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 [Z] 36.03(A) $25,000 and above (4) Speciality Good E] 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Yes 0 No Proposed Effective Date: Contract Term: F Comments and Notes: Bid Award 2015-39 Stormwater Retention maintenance MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF JUNE 16,2015 CONDITIONAL USE REOUEST/UPTOWN ATLANTIC WEST ATLANTIC AVENUE NEIGHBORHOOD BACKGROUND The subject properties are located within the West Atlantic Overlay and are zoned CBD and RM. The properties contain a 4,854 sq. ft. funeral home with a 957 sq. ft. apartment; a 6,320 sq. ft. retail building, and two single-family homes of 1,068 sq. ft. and 864 sq. ft. respectively. The site also contains parking areas and vacant land. It is noted that this development application was submitted prior to the establishment of the recent Zoning In Progress that was in place while the new development regulations were processed for the Central Business District (CBD). This proposal is therefore reviewed in accordance with the regulations that were in effect at that time. At its meeting of May 18, 2015, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board voted 5-0 (Krall, Pike stepped down)to move a recommendation of approval to allow for a density in excess of 12 units per acre within the CBD (18 du/ac is proposed) for Uptown Atlantic, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(E)(5), 4.4.13(l), and Chapter 3 of the Land Development Regulations, subject to the conditions noted in the recommendation section of this report. DISCUSSION The proposed development includes a workforce housing obligation due to the increase in density from 12 dwelling units per acre to 18 dwelling units per acre. Per LDR Section 4.4.13(l)(1) the proposed development shall provide 20% of the residential units above the 12 du/acre as workforce housing. Based on the LDR requirements, the subject development is required to have 8 units workforce housing. The applicant is proposing 22 workforce housing units on-site. The applicant has provided the following verbatim narrative on how the 22 workforce will be distributed on the property: "We intend on providing 22 Work Force housing units of the 112 overall units on the site. All of the units are to be rental units. Of these units we intend on providing the following breakdown:" "(4) 1 bedroom units (I low income, 3 moderate income): that is 18.2% of the workforce vs. 15.5% of the market rate (17) 2 bedrooms units (5 low income, 12 moderate income): that is 77% of workforce vs. 64% of market rate (1) 3 bedroom unit (I moderate income): That is 4.5% of workforce vs. 3.3% of market rate." "Additional we intend on locating 4 of these units in in the townhouse building with each located in a separate townhouse building (no 2 in the same building) In the apartment building we intend on locating the remaining 18 units so that no more than 2 workforce housing units are located per floor and no two workforce housing units to be adjacent to each other..." Per LDR Section 4.7.9(c)(h), no efficiency or studio type units shall be allowed under the family/workforce housing program. If the project is approved, the applicant will need to enter into a family/workforce housing program covenant with the City that ensures municipal oversight of this program. One of the stipulations of this covenant will be that no efficiencies or studio units be utilized in this program and this requirement is attached as a condition of approval. It is noted that this covenant will need to be fully executed prior to issuance of a building permit. Further, per LDR Section 4.7.9(c) (i) and (ii), the proposed one and two bedroom workforce units exceed to the corresponding proportion of market rate one and two bedroom units. While the proportions of one and two bedroom dwelling units are close, the City Commission may want to require further modification of the distributions to achieve full compliance. This may necessitate conversion of some of the efficiency dwelling units to one bedroom units. A condition of approval is attached that the distribution of dwelling units be adjusted to make the proportions of workforce to market rate dwelling units compliant to the greatest degree possible. It is noted again that the proposed development is provided 22 workforce dwelling units, where only 8 are required. The proposed development includes a Future Land Use Map amendment and rezoning of property and is being processed concurrently with the conditional use application. Thus, the conditional use approval would be contingent on the final adoption of the Future Land Use Map amendment and rezoning (Ordinance#12-15) of the property and this is attached as a condition of approval. RECOMMENDATION Move approval of the conditional use request to allow for a density in excess of excess of 12 units per acre within the CBD (18 du/ac is proposed) for Uptown Atlantic, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(E)(5), 4.4.13(l), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Adoption of concurrent FLUM and rezoning of two independent parcels by City Commission. 2. Approval of"In-Lieu-of Parking Fee" application for 45 parking spaces by City Commission. 3. Approval of a site plan by SPRAB that is in general conformance with the submitted conceptual plan and addresses the issues identified in this staff report. 4. That the applicant satisfies all outstanding items presented in the March 24, 2015 letter to the applicant in response to the March 13, 2015 submittal. 5. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division. 6. That the applicant contributes toward the cost of a bus shelter($11,000). 7. That the applicant provides required right-of-way dedication on W. Atlantic Avenue and SW 7th Avenue. 8. That proposed development complies with setback requirements or request a relief/waiver from the district regulations. 9. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 10. That the workforce covenant include a provision that no efficiencies or studio units be included in this program. 11. That bicycle parking be provided. 12. That the applicant submit a finding of concurrency from the Palm Beach County School District reflecting the current proposal with respect to the number of residential units. 13. That the applicant will comply with any and all comments resulting from a further review conducted by planning and zoning, engineering, fire, police and landscaping as part of the site plan review process. 14. That the approval of the conditional use is subject to final adoption of Ordinance#12-15. 15. That the distribution of dwelling units be adjusted to make the proportions of workforce to market rate dwelling units compliant with LDR Section 4.7.9(c)(i) and(ii)to the greatest degree possible. 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Sl— MRA U,ull.1 lk� al UA (D- --la-1 UP §-� 5. -J'i 'HIM 12 � H 0 z ka- "n R U V) fz 4 H 5TOZ-90-EG UV'ddS 4 -.T� ,b 't- -1 zz LLI Rl T ih E Ifi El El IL Sl--— .......... IR2 GD—-— Ll i sn Ld Ld Lj -d > > > > < L L0 )0 ]�!E] -----,N- I NA -- ----------- 3: -L--j A T L A N T IC A V E N U E .......... R LLJ .......... ST. 7- .......... 0 - CA cn LFILI ?Nin N SUBJECT PROPERTY UPTOWN ATLANTIC PLANNING AND ZONING DEPARTMENT LOCATION MAP DlGffAL BASE MAP SYSMM MAP REF: S:\Planrling Zon1ng\DBMS\Flle—Cab\Z—LM 1001-1500\LM1498Uptown Atlantic Complete Site PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE. May 18, 2015 ITEM: Conditional Use Request for Uptown Atlantic to Exceed 12 Dwelling Units Per Acre (18 du/ac Proposed) for a Proposed Mixed Use Development Located Between SW 6 th Avenue and SW 9th Avenue, South of West Atlantic Avenue. GENERAL DATA: U3 Applicant..................... John Flynn Jr., Equity Enterprises USA, Inc. U11 iiT, -I[ Agent............ ............ Currie Sowards Aguila Architects IST Location.......................... Between SW 6th Avenue and SW 91h 3� - - 3� Avenue, south of W Atlantic Avenue 2! Property Size.................. 6.21 acres Future Land Use Map..... CC (Commercial Core)/ MD A T L A N T1 C A V E N U F- (Medium Density Residential) Current Zoning............... CBD (Central Business District)/ RM (Multiple Family Residential ................... ... Adjacent Zoning....North: CBD East: CBD ST, IS7 South: CBD & RM (Multiple Family Residential) West: CBD Existing Land Use......... Commercial, Retail, and Single- family Residential 2ND Proposed Land Use........ Proposed Mixed Use project known as Uptown Atlantic including a Conditional Use request to exceed 12 du/ac. (proposed 18 dulac) in connection with 112 dwelling units; 17,267.3 sq. ft. of office use; 6,250.6 EU FT] sq. ft. of restaurant use; and 44,841 5 W. ST� sq, ft. of commercial /retail use Water Service................. Existing on site. V. 3RD U. Sewer Service..... Existing on site. .............. ........... ............... TEM .. ........... JR]E- TH: The action before the Board is to make a recommendation to the City Commission on the following requests for conditional use approval, pursuant to Land Development Regulations (LDR) Section 2.4.5(E): Ll To allow a density exceeding 12 dwelling units per acre (18 du/ac proposed) in the West Atlantic Neighborhood [LDR Section 4.4.13(B)(4)]. The action before the Board is a recommendation to the City Commission on a conditional use request for Uptown Atlantic associated with a mixed use development in the CBD (Central Business District Commercial) zoning district consisting of 17,267.30 square feet of office use; 6,250.60 square feet of restaurant use; 44,841 square feet of commerciallretail use; and 112 Multi-family dwelling units, The CBD allows up to 12 dwelling units per acre in the West Atlantic Neighborhood; 18 dwelling units per acre are proposed for this development. [LDR Section 4.4.13(B)(4)]. The property is located on the south side of West Atlantic Avenue, between S.W. 9'h Avenue and S.W. 6 th Avenue. -C .. .............- 113A-,"K R, The subject properties are located within the West Atlantic Overlay and are zoned CBD and RM. The properties contain a 4,854 sq. ft. funeral home with a 957 sq. ft. apartment; a 6,320 sq. ft. retail building, and two single-family homes of 1,068 sq. ft. and 864 sq. ft. respectively. The site also contains parking areas and vacant land. It is noted that this development application was submitted prior to the establishment of the recent Zoning In Progress that was in place while the new development regulations were processed for the Central Business District (CBD). This proposal is therefore reviewed in accordance with the regulations that were in effect at that time. A conditional use application has been submitted for an increase in the density to 18 dwelling unitg per acre. The request is in conjunction with Uptown Atlantic, a proposed mixed-use development located between SW 6th Avenue and SW 9th Avenue, south of W Atlantic Avenue (approximately 6.21 acres). This conditional use application is now before the Board for consideration. The development proposal incorporates the following: Ll Construction of two three-story, and one four-story mixed use buildings; and three freestanding townhome buildings. The commercial component of the development consists of 17,267.3 square feet of office use; 6,250.6 square feet of restaurant use; 44,841 square feet of commercial/retail use. The residential portion of the development includes 112 dwelling units composed of 15 efficiency units, 18 one- bedroom units, 75 two-bedroom units, and 4 three-bedroom units. El The recreational amenities include a swimming pool, a tot lot, a public pocket park, and a dog walking area. J Installation of sidewalks, walkways, and associated landscaping. Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic -Conditional Use Request Page 2 Concurrent with the Conditional Use application, a Future Land Use Map (FLUM) amendment and a rezoning request has been submitted for two individual parcels: one on SW 6 th Avenue th and one on 7 Avenue. The current Future Land Use Map designation for these parcels is Medium Density Residential (MD) which allows for 6-12 du/acre. The proposed land use designation is Commercial Core which is applied to the Community's Downtown area. In terms of zoning, the current designation is Medium Density Residential (RM) with 6-12 du/acre. The proposed zoning district for both parcels is Central Business District (CBD), West Atlantic Avenue Neighborhood Sub-district. ................. .. ........1 -.:. , I .. ..........- ................................... . ............ REQUIRED FINDINGS (Chapter 3 Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of CC (Commercial Core) and MD (Medium Density Residential), and a zoning designation of CBD (Central Business District) and RM (Multiple Family Residential) which are consistent with one another. As described above, two parcels are subject to a concurrent FLUM and rezoning application. Once the amendments are approve, all parcels will be designated CC and CBD respectively, Pursuant to LDR Section 4.4.13(B) the following uses or structures are permitted in CBD: (1) General retail uses and/or facilities (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.4.13(H)(1) (3) Services (4) Multi-family dwelling units, including residential licensed service provider facilities, but excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. The Purpose and Intent of the Central Business District (CBD) Zoning District is to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. The West Atlantic Avenue Neighborhood was established to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Planning and Zoning Board Staff Report 5/18/15 Uptown Atlantic -Conditional Use Request Page 3 Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions, Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. CONCURRENCY: 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. Water and Sewer: Water service is available via an existing 8-inch water main along W. 8th Atlantic, SW 6"', SW 7t', and SW 9" Avenues; and a 6-inch water main along Avenue. Sewer service is available via an existing 8- inch main along W. Atlantic, 6th, 7 1h, and 9th Avenues; and a 6-inch main along SW 8th Avenue. The provision of sewer, water, and fire suppression services will be reviewed as part of the site plan process. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Draina : It is noted that the storage capacity of the drainage system will be reviewed as part of the site plan and building permit processes. It is anticipated that a finding of concurrency can be made during the site plan process. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a traffic statement indicating that the proposed development will generate a net increase of 2,900 average daily trips, 135 a.m. peak hour trips, and 201 p.rn, peak hour trips. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $ 56,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 112 dwelling units will generate 58.24 tons of solid waste per year (1112 units x 0.52 tons = 58.24); the proposed office use will generate 46.62 tons (17,267.3 sq. ft. x 5.4 = 93,243.42 2,000 = 46.62); the proposed restaurant use will generate 77.82 tons (6,250,6 sq. ft. x 24.9 155,639.94 / 2,000 = 77.82); and the proposed retail use will generate 229.69 tons (44,841 sq. ft. x 10.2 = 457,378.2 / 2,000 = 229.69) for a total of 411.37 gross tons. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic -Conditional Use Request Page 4 development proposals till the year 2047, thus a positive finding with respect to this level of service standard can be made. Schools: A finding of concurrency for the current development proposal has not been received from the Palm Beach County School District. It is anticipated that the School District will make a finding of concurrency; however, a condition of approval has been included in this report requiring that a revised finding of concurrency from the Palm Beach County School District be submitted. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to Conditional Use applications are noted: Future Land Use Element Obmective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use development. The Future Land Use designation and Zoning district adjacent to the south of the subject property is Medium Density- Residential which allows 6-12 du/acre. However, the existing use to the south is primarily a single family neighborhood. The development is proposing to increase density from 12 to 18 dulacre. In addition to the above analysis, the proposed development will act as a transition buffer between an arterial road with high intensity (Atlantic Avenue) and the less intense neighborhood to the south. From the redevelopment point of view, the surrounding area to the south could be potentially developed with townhomes similar to the proposed subject project. Future Land Use Element Obwective C-3: The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C-3.11: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: 0 Deletion of inappropriate uses; LI Incentives for locating retail on the ground floor with office and residential use on upper floors; LJ Accommodating parking needs through innovative actions; Ll Incentives for dinner theaters, playhouses, and other family oriented activities; Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic -Conditional Use Request Page 5 LJ Allowing and facilitating outdoor cafes; Ll Incentives for mixed use development and rehabilitation; 13 Elimination of side yard setback requirements; and CJ Allow structural overhang encroachments into required yard areas. The proposed mixed use development consisting of office, restaurant, and commercial/retail uses, and, 112 multi-family dwelling units is consistent with Policy C 3.1 and the character of the district. The proposed development complies with the character and nature of the core downtown area which encourages the pedestrian oriented uses at the street level. Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road network and the location of a Palm Tran bus stop on West Atlantic at SW 8th Avenue. It is appropriate that the development contribute to the City in-lieu of providing the bus shelter on site ($11,000) this is attached as a condition of approval. If the conditional use is approved, the development will comply with Transportation Element Policy A-1.5. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA. It appears that the applicant has not included bicycle racks on site as required. This deficiency must be addressed prior to Site Plan approval. At present, the development does not comply with the Transportation Element. Open Space and Recreation Element Policy A-3.1: Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 26 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. This policy may be waived for projects in the downtown area, because the City recognizes that households located downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown area is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide recreational facilities for its residents, such as a swimming pool, a tot lot, a public pocket park, and a dog walking area. Given the intensity of the proposed development (112 units), it is reasonable that sufficient recreational opportunities be provided, The development includes a swimming pool, a public pocket park, and a dog walking area that can be used by residents any age. These facilities are sufficient to satisfy the requirements of the Open Space and Recreation Element. Planning and Zoning Board Staff Report: 5118/15 Uptown Atlantic -Conditional Use Request Page 6 Housinci Element Oboective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. The proposed development will accommodate residents of any age. The development will provide the following residential unit mix: 15 efficiency units, 18 one-bedroom units, 75 two- bedroom units, and 4 three-bedroom units Housing Oboective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housina Policy A-11.1 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation 'of any neighborhood, the project shall be modified accordingly or denied. The proposed development will increase density from 12 to 18 dwelling per acres, The Future Land Use designation and Zoning district adjacent to the south of the subject property is Medium Density-Residential which allows 6-12 du/acre. The proposed development will act as a transition buffer between an arterial road with high intensity (Atlantic Avenue) and the less intense neighborhood to the south. From the redevelopment point of view, the surrounding area to the south could be potentially developed with townhomes similar to the proposed subject project. However, the existing use to the south is primarily a single family neighborhood. This increase density will impact the current residential neighborhood by increasing traffic volumes and circuiation patterns. Based upon the above, the development proposal will not be consistent with Housing Policy A-1 1.3. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.130) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 12 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic -Conditional Use Request Page 7 Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The development is located in the West Atlantic Neighborhood, which allows the residential density to exceed 12 units per acre subject to conditional use approval. The residential component of the proposed development consists of 112 dwelling units on 6.21 acres of land, which results in a density of 18 dwelling units per acre. The number of dwelling units above 12 dwelling units per acre is 37.5 units, which requires 8 workforce dwelling units. The development is proposing 22 workforce dwelling units which exceeds the requirement of this standard. (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fagade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The proposed development is a contemporary urban design with varied plane changes, and architectural features. The building setbacks or planes of the facade are offset. The proposed structures having more than two (2) stories provide stepping back of the upper stories (third floor and above) which encourages to decrease the perception of bulk. Based upon the above, this performance standard has been achieved. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc is encouraged. The proposed development does not include a parking garage. Thus, this performance does not apply. Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic -Conditional Use Request Page 8 (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal provides a mix of efficiency, one, two, and three-bedroom dwelling units, There are 15 efficiency dwelling units, which represents 13% of the total dwelling units within the development. Based upon the above, the intent of this performance standard has been achieved. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water featurelfountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. As noted previously, the contemporary urban design is a unifying architectural element that binds the development together. Although the 700 building provides a public plaza toward Atlantic Avenue, the project could benefit from additional focal points that provide relief from the massing of the project such as water features and public art. The 600, 700 and 800 buildings provide a covered walkway fronting Atlantic Avenue. Based on the above, the project partially complies with this criterion. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The proposed development includes a swimming pool, a tot lot, a public pocket park, and a dog walking area. The proposed development does not provide storage rooms or lockers, covered parking, gardens, and courtyards. Based upon the above, the project partially complies with this criterion. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways. to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). Planning and Zoning Board Staff ReporL 5/18/15 Uptown Atlantic Conditional Use Request Page 9 The development would need to provide additional pedestrian connections throughout the property. The 600, 700 and 800 buildings provide a covered walkway fronting Atlantic Avenue. Public sidewalk requirements will be further reviewed and addressed as part of the site plan process. Based upon the above, the intent of this performance standard has been achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides 50 new parallel parking spaces for public use. Based upon the above, the intent of this performance standard has been achieved. Please note that the developer has submitted an application for in-lieu of parking fee request for 45 parking spaces. (h) Projects fronting on Atlantic Avenue NW/SW 5t" Avenue, NE Vt Street or SE Vt Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The project proposes sufficient display windows and,entrances to commercial uses from Atlantic Avenue. Based upon the above, the intent of this performance standard has been achieved. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. A landscape plan review will be conducted as part of the site plan application. If approved as conditioned, the proposed development will comply with performance standards (a), (c), (e), (g), (i) and (h). The development proposal does not fully comply with performance standards (d). Performance standard (b) does not apply since the project does not include a parking garage. The current development proposal contains characteristics that would support such an increase of residential density. Based on the project's adherence to the performance standards, the proposed density can be supported. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional uses will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Repot 5118/15 Uptown Atlantic -Conditional Use Request Page 10 The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Use: NoHh Central Business District (CBD) Commercial South Multiple Family Residential (RM) Residential Uses (primarily single family) & CBD East Central Business District (CBD) Commercial/Residential Uses West Central Business District ( Commercial/Residential Uses The surrounding CBD (Central Business District) zoning designation to the north, south, east, and west is the same as the subject property. In addition, there is an RIVI-zoned area to the south of the subject site. Potentially, this surrounding area could be developed with townhomes similar to the proposed subject project. However, the intensity of the proposed mixed use project will have an impact on the current single family neighborhood to the south. The impact will be as a result of increased traffic. The proposed development will act as a transition buffer between an arterial road with high intensity (Atlantic Avenue) and the less intense neighborhood to the south. From the redevelopment point of view, the surrounding area to the south could be potentially developed with townhomes similar to the proposed subject project. The proposed development will not hinder development or redevelopment of nearby properties. The proposed development will likely spur development and be a catalyst for further redevelopment in the West Atlantic Avenue area. Given the design of the proposed development with the townhomes located on the south side of the property, the project will not have a significant detrimental effect on the stability of the neighborhood and may have stabilizing effect by eliminating vacant and underutilized properties. Based upon the above, positive findings cannot be made with respect to LDR Section 2.4.5(E)(5). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS, In conjunction with the Conditional Use request a Site Plan and Elevations were submitted on March 13, 2015. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review the following analysis is provided. Building Setbacks: Pursuant to LDR Section 4.4.13(F)(4), the development proposal does not comply with the City's building setback requirements. The proposed structures (600, 700 and 800 buildings) are not considered arcaded buildings. The proposed structures on the front of the buildings along W. Atlantic Avenue are self-supportive canopies; thus, the zero-feet front setback for arcaded buildings fronting Atlantic Avenue does not apply. If the conditional use is approved, the applicant will need to comply with the code or seek relief from this requirement. Further review and determination on compliance with the CBD setback requirements will occur during the site plan review process, Please note that LDR amended on 3/5/07 (Ordinance 6-07) is applied to review the subject development setback requirements. Planning and Zoning Board Staff Report:5/18/15 Uptown Atlantic -Conditional Use Request Page 11 Parking Requirements: LDR Section 4.4.13(G)(2)(c) requires six (6) parking spaces per 1,000 square feet of gross floor area for restaurants, and one (1) parking space per 300 square feet of total floor area for all nonresidential uses (4.4.13.(G)(2). Per LDR Section 4.4.13(G)(2)(g), the parking for business and professional office is one space per 300 square feet of net floor area. Parking for multi- family residential structures and mixed use development must be provided pursuant to the following (LDR Section 4.6.9 (C)(2): • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.5 spacesfunit • Two or more bedroom dwelling unit 2.0 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.5 spaces/unit - for units 21-50 0.3 spa esfunit - for units 51 and above 0.2 sp ces/unit The proposed mixed use development contains 17,267.3 square feet of office use- 6,250.6 square feet of restaurant use; 44,481 square feet of commercial/retail use; and 112 M�ltkfamily dwelling units comprised of-15 efficiency units, 18 one-bedroom units, 75 two-bedroom units, and 4 three-bedroom units. Based on this development mix, the required parking for the proposed development is 475.93 parking spaces. LDR Section 4.6,9(C)(8)(a) - Shared Parking allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). Planning and Zoning Board Staff Report: 5/18115 Uptown Atlantic Conditional Use Request Page 12 .. ............ ....... ....... ............. ............. 'W EEKDAY- WIEEKENEI.� ................ Ve ........... D ing a.v.." venin ay.,: :'': :n 'N t 9_ h ........... ................. -to ....... . .......... d-Ik t� :A 0 h d Wt6 4 PM 6 0' f AM t 4PM �5 Pmjd�m ................. W10M nigh; . .......... Residential 100.4 100 60 90 80 90 F MAIN Off ice 57.56 3 58 6 6 105 Commercial/Retail 149.47 7 105 135 149 0 0 0 Hotel 0 0 M...........W_ Restaurant 37�5 4 19 38 19 38 Entertain ment/Recreationa I .......... (theaters,bowling alleys,etc.) 0 0 0 0 0 Other(Residential Reserved Parking) 131 131 131 131 131 TOTALS 475.93 246 372 399[M 385 366 Per the shared parking calculation table, the minimum total parking requirement is the highest sum of the vertical columns. The subject development application requires a minimum of 399 spaces. The development proposal provides a total of 354 on-site parking spaces. The applicant submitted an application for 45 parking spaces "in-lieu of parking fee request" to satisfy parking requirements, Thus, the proposed development compliance with parking code requirements is conditioned on the approval of the "in-lieu of parking fee request" by the City Commission. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars, The development proposal includes 98 compact parking spaces, which is 28% of the total required parking. Thus, the development proposal complies with this requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction (FACBC). Accessibility for residential units is addressed by the Federal Fair Housing Act, 'Pursuant to the FACBC, 18 handicap accessible spaces are required. The plan complies with this requirement since 18 handicap accessible parking spaces are provided. On-Street Parking: Although not counted toward meeting the parking requirements for the project, a total of 50 new public parallel parking spaces are to be provided. Although available to the general public, these spaces should help meet the short term parking requirements of residents and guests of the project. Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic -Conditional Use Request Page 13 Efficiency or Studio Type Dwelling Units: Per LDR Section 4.4.13(l)(2) the total number of efficiency or studio type units shall not exceed 25% of the total number of units in the project, including both family/workforce units and market rate units. The development includes 15 efficiency units, which is 13.4% of the total number of dwelling units within the development. Workforce Housing Units: Per LDR Section 4.7.9(c)(h), no efficiency or studio type units shall be allowed under the family/workforce housing program. If the project is approved, the applicant will need to enter into a family/workforce housing program covenant with the City that ensures municipal oversight of this program. One of the stipulations of this covenant will be that no efficiencies or studio units be utilized in this program and this requirement is attached as a condition of approval. It is noted that this covenant will need to be fully executed prior to issuance of a building permit. Per LDR Section 4.4.13(1)(1) the proposed development shall provide 20% of the residential units above the 12 du/acre as workforce housing. Based on the LDR requirements, the subject deveiopment is required to have 8 units workforce housing. The applicant is proposing 22 workforce housing units, Thus, the applicant exceeds this standard. Minimum Residential Floor Area: Per LDR Section 4.3.4(K), the minimum floor area for efficiency units is 400 square feet. The development provides efficiency dwelling units that have floor areas between 400 and 411 square feet. The minimum required one bedroom unit floor area is 600 square feet. The development has one-bedroom units that are between 635 and 707 square feet. The minimum required two bedroom floor area is 900 square feet. The development provides two-bedroom units that are between 900 and 1102 square feet. The minimum requirement for a three- bedroom floor area is 1250 square feet. The development provides three bedroom units that are 1269 square feet in floor area. Window Transparency: Per LDR Section 4.6.18(B)(14)(iv)(2), the percentage of window transparency and light transmission of the ground floor commercial areas must be specified on the plans. It appears that project proposes sufficient display windows and entrances to commercial uses on Atlantic Avenue to meet this requirement. This requirement will be addressed as part of the site plan. Photometric Plan: Per LDR Section 4.6.8(A)(3), the maximum illumination is 10 foot candies and a minimum of 1.0 foot candles at building entrances. The proposed photometric plan will be reviewed as part of the site plan process. Crime Prevention Through Environmental Design (CPTED): 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. The Delray Beach Police Department and Planning and Zoning Department will conduct a CPTED review of the project as part of the site plan review process. Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic -Conditional Use Request Page 14 Right-of-Way Dedication: Pursuant to Table T-1. Street Network Classification and Improvements (revised by Amendment 99-2), Atlantic Avenue's ultimate right-of-way is required to be 110 feet wide. It is currently 106 feet wide; therefore, a two-foot dedication will be required for the proposed development to meet this requirement. Table T-1 further indicates that "other" streets with curb and gutter are required to be 50 feet wide. The width of 6 th, 8 th and 91h streets meets this requirement. However, 7 th Street is 25 feet wide and will require a dedication of an additional 25 feet to meet this requirement. AMEVIIEVOY JE OTO .Community Redevelopment Agency(CRA2: The CRA will review the subject conditional use request. Downtown Developmen Authority: The DDA will review the subject conditional use request. West Atlantic Avenue Redevelopment Coalition: The WARC will review the subject conditional use request. Site Plan Review and Appearance Board. If the Conditional Use request is approved, a site plan application will be processed for the development proposal, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: Delray Citizen's Coalition Lincoln Park West Settlers Historic Atlantic Park Garens Gateway Paradise Heights Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or concern, if any, will be presented at the Planning and Zoning Board (P&Z) meeting. Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic - Conditional Use Request Page 15 .......... ............ ... .....�.- ONO ON The proposed conditional use is to allow a density in excess of 12 units per acre within the CBD (18 du/ac is proposed). The proposed use is inconsistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings cannot can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties, with respect to the requested increases in building density. The intensity of the proposed mixed use project will have an impact on the current single family neighborhood to the south. The impact will be as a result of increased traffic. Based upon the above, positive findings cannot be made with respect to LDR Section 2.4.5(E)(5). However, the proposed development will act as a transition buffer between an arterial road with high intensity (Atlantic Avenue) and the less intense neighborhood to the south. From the redevelopment point of view, the surrounding area to the south which is zoned Residential Medium could be potentially developed with townhomes similar to the proposed project. The proposed mixed-use project could trigger future initiatives that will further contribute toward developing the area to fulfill the City's needs in terms of housing. ................. .......... .......... ........... _=.rss,77 7 . ............. .......... A. Postpone with direction. B. Move a recommendation of approval of the conditional use requests to allow a density in excess in excess of 12 units per acre within the CBD (18 du/ac is proposed) for Uptown Atlantic, by adopting the findings of fact and law contained in the staff report. C. Move a recommendation of denial of the conditional use requests to allow a density in excess in excess of 12 units per acre within the CBD (18 du/ac is proposed) for Uptown Atlantic, by adopting the findings of fact and law contained in the staff report, and finding that the request is partially inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(l), and Chapter 3 of the Land Development Regulations. 7 ............ ............. ........ MIIJ�ACT ON, By Separate Motions: U Move a recommendation of approval of the conditional use request to allow for a density in excess of excess of 12 units per acre within the CBD (18 du/ac is proposed) for Uptown Atlantic, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is partially inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(l), and Chapter 3 of the Land Development Regulations-, If the Planning and Zoning Board votes to recommend approval of the conditional use request, staff recommends the following conditions: Planning and Zoning Board Staff Report: 5/18/15 Uptown Atlantic -Conditional Use Request Page 16 1. Adoption of concurrent FLUM and rezoning of two independent parcels by City Commission. 2. Approval of "In-Lieu-of Parking Fee" application for 45 parking spaces by City Commission. 3. Approval of a site plan by SPRAB that is in general conformance with the submitted conceptual plan and addresses the issues identified in this staff report. 4. That the applicant satisfies all outstanding items presented in the March 24, 2015 letter to the applicant in response to the March 13, 2015 submittal. 5. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division. 6. That the applicant contributes toward the cost of a bus shelter ($11,000), 7. That the applicant provides required right-of-way dedication on W. Atlantic Avenue and Ph Street. 8. That proposed development complies with setback requirements or request a relief/waiver from the district regulations. 9. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 10. That the workforce covenant include a provision that no efficiencies or studio units be included in this program. 11. That bicycle parking be provided. 12. That the applicant submit a finding of concurrency from the Palm Beach County School District reflecting the current proposal with respect to the number of residential units. 13. That the applicant will comply with any and all comments resulting from a further review conducted by planning and zoning, engineering, fire, police and landscaping as part of the site plan review process. Attachments: a Plans &Location Map Report prepared by: Planning and Zoning Department IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR UPTOWN ATLANTIC ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1 This conditional use request is to increase the residential density of the project from 12 dwelling units per acre to 18 dwelling units per acre for the Uptown Atlantic development, located on the south side of Atlantic Avenue between SW 6 th Avenue and SW 9th Avenue, has come before the City Commission on June 16, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Uptown Atlantic development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and 11. 1. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Obmective A-1 This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is the Future Land Use Element Objective A-1 met? Yes No 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 Future Land Use Map designation of Commercial Core and is zoned Central Business District. Is the project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrency: 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 must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No d. Consistency- Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No 11. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use),- Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located-, 2. Hinder development or redevelopment of nearby properties. Are Section 2.4.5(E)(5) requirements met? Yes No b. Increase in Density. Pursuant to LDR Section 4.4.13(l), an increase in density greater than 12 dwelling units per acre may be approved by the City Commission as 2 a conditional use for property within the West Atlantic Neighborhood portion of the CBD, provided that 20% of the residential units above 12 dwelling units per acre shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. The applicant has provided the following verbatim narrative on how the 22 workforce will be distributed on the property: ..."We intend on providing 22 Work Force housing units of the 112 overall units on the site. All of the units are to be rental units. Of these units we intend on providing the following breakdown.-" "(4) 1 bedroom units (I low income, 3 moderate income).- that is 18.2% of the workforce vs. 15.5% of the market rate (17) 2 bedrooms units (5 low income, 12 moderate income).- that is 77% of workforce vs. 64% of market rate (1) 3 bedroom unit (I moderate income).- That is 4.5% of workforce vs. 3.3% of market rate. "Additional we intend on locating 4 of these units in in the townhouse building with each located in a separate townhouse building (no 2 in the same building) In the apartment building we intend on locating the remaining 18 units so that no more than 2 workforce housing units are located per floor and no two workforce housing units to be adjacent to each other..." Per LDR Section 4.7.9(c)(h), no efficiency or studio type units shall be allowed under the family/workforce housing program. If the project is approved, the applicant will need to enter into a family/workforce housing program covenant with the City that ensures municipal oversight of this program. One of the stipulations of this covenant will be that no efficiencies or studio units be utilized in this program and this requirement is attached as a condition of approval. It is noted that this covenant will need to be fully executed prior to issuance of a building permit. Further, per LDR Section 4.7.9(c)(i) and (ii), the proposed one and two 3 bedroom workforce units exceed to the corresponding proportion of market rate one and two bedroom units. While the proportions of one and two bedroom dwelling units are close, the City Commission may want to require further modification of the distributions to achieve full compliance. This may necessitate conversion of some of the efficiency dwelling units to one bedroom units. A condition of approval is attached that the distribution of dwelling units be adjusted to make the proportions of workforce to market rate dwelling units compliant to the greatest degree possible. It is noted again that the proposed development is providing 22 workforce dwelling units, where only 8 are required. The proposed development includes a Future Land Use Map amendment and rezoning of property and is being processed concurrently with the conditional use application. Thus, the conditional use approval would be contingent on the final adoption of the Future Land Use Map amendment and rezoning (Ordinance #12-15) of the property and this is attached as a condition of approval. 1. The applicable performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes, and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. 4 (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW/SW 5 th Avenue, NE 1st Street or S E 1 st Street contain nonresidential uses on the ground floor. At least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are the requirements for an increase in density under Section 4.4.13(1) met? Yes No 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, testimony of experts and other competent witnesses supporting these findings. 5 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 16th day of June, 2015, by a vote of in favor of approval and _ opposed. Cary D. Glickstein, Mayor ATTEST: Chevelle Nubin City Clerk 6 EXHIBIT A TO THE CONDITIONAL USE REQUEST FOR UPTOWN ATLANTIC 1. Adoption of concurrent FLUM and rezoning of two independent parcels by City Commission. 2. Approval of "In-Lieu-of Parking Fee" application for 45 parking spaces by City Commission. 3. Approval of a site plan by SPRAB that is in general conformance with the submitted conceptual plan and addresses the issues identified in this staff report. 4. That the applicant satisfies all outstanding items presented in the attached March 24, 2015 letter to the applicant in response to the March 13, 2015 submittal. 5. That a finding of traffic concurrency be provided from the Palm Beach County Traffic Engineering Division. 6. That the applicant contributes toward the cost of a bus shelter ($11,000). 7. That the applicant provides required right-of-way dedication on W. Atlantic Avenue and SW 7 th Street. 8. That proposed development complies with setback requirements or request a relief/waiver from the district regulations. 9. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 10.That the workforce covenant include a provision that no efficiencies or studio units be included in this program. 11.That bicycle parking be provided. 12.That the applicant submit a finding of concurrency from the Palm Beach County School District reflecting the current proposal with respect to the number of residential units. 13.That the applicant will comply with any and all comments resulting from a further review conducted by planning and zoning, engineering, fire, police and landscaping as part of the site plan review process. 14.That the approval of the conditional use is subject to final adoption of Ordinance #12-15. 15.That the distribution of dwelling units be adjusted to make the proportions of workforce to market rate dwelling units compliant with LDR Section 4.7.9(c)(i) and (ii) to the greatest degree possible. MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 8.B.-RIEGULAR COMNHSSION NWETING OF JUNE 16,2015 REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU PAYMENT/1109 WATERWAY LANE BACKGROUND The subject property consists of 14,118 sq. ft. (0.3241 acres) and currently contains a 2,109 sq. ft. one- story single family residence, which was constructed in 1941. The property lies within the North Beach Overlay District and is located on the north side of Waterway Lane, west of Andrews Avenue. The property is zoned Single Family Residential (R-I-AAA) and the applicant proposes to construct a new two-story single family residence with a pool. The owner wishes to defer construction of a five foot (5') sidewalk along Waterway Lane. No other sidewalks exist along either side of Waterway Lane. However, a sidewalk deferral was previously approved by the City Commission for the property located at I I 10 Waterway Lane on June 5, 2012 with support from DSMG (Development Services Management Group) on April 12, 2012. At its meeting of February 19, 2015, the DSMG (Development Services Management Group) recommended approval to the City Commission for processing the in-lieu fee payment instead of construction of a sidewalk at 1109 Waterway Lane. Pursuant to this , the owner will pay a fee in-lieu of installation of a sidewalk at a cost of$8 per sq. ft. of frontage of construction of a minimum five foot (5') wide sidewalk, pursuant to LDR Section 6.1.3(D) (3). The estimated cost for the subject site is $4,000 (four thousand dollars) for the existing one hundred feet (100') of frontage along Waterway Lane. The board order has been reviewed by the City Attorney and has been approved as to form. Cily Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees instead of construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. The applicant was informed of this determination and has opted to proceed with the current in-lieu of sidewalk installation fee for 1109 Waterway Lane and has provided the attached consent form. DISCUSSION Consider approval of a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1109 Waterway Lane within the North Beach Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Waterway Lane. RECOMMENDATION AdvisoEy Board Recommendation: On February 19, 2015, the DSMG (Development Services Management Group) gave support for approval of a request for sidewalk relief in the form of in-lieu payment for the residence located at 1109 Waterway Lane at a cost of $8 per sq. ft. of the existing one hundred feet (100') of frontage along Waterway Lane, at an estimated total cost of$4,000 (four thousand dollars). Staff Recommendation: Approve the request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1109 Waterway Lane within the North Beach Overlay District to allow payment of a fee in- lieu of construction of a 5' sidewalk along Waterway Lane. Ell .......... --T F E Em E .2� 02� Ell - ----- Ht z6 T., (11S)G�H 1 H,nos —1_H- ----------------- -——-—-—- ---- ------- ——— s————— —S"S———— MA J-2 El El az Lu El 'P2 Lu i0t kP Ot 40r** .4e rSk Ak. SAL xt IV . , 't, � BELL RESIDENCE NORTH 1109 Waterway Lane Subject Property PLANNING&ZONING DEPARTMENT LOCATION MAP CONSENT AGENDA ACKNOWLEDGEMENT IN-LIEU SIDEWALK INSTALLATION FEE 1109 WATERWAY LANE 1. The in lieu sidewalk installation fee is scheduled to go before the City Commission for review and approval on June 16, 2015. 2. The City staff presented documentary evidence and testimony to the Development Services Management Group (DSMG) on February 19, 2015 pertaining to the relief from the sidewalk installation requirements. All of the evidence is a part of the record in this case. THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE APPLICANT PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: P1 The Applicant agrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on February 19, 2015. El The Applicant disagrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on February 19, 2015. PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: bl The Applicant agrees with this item being approved on the consent agenda for the June 16, 2105 City Commission meeting and concurs with the City's position. El The Applicant opposes the City's position and requests placement on the regular agenda as a quasi-judicial public hearing on June 16, 2015. SIGNATUAE: DATE: �u �_ ( _etL &)&L E _�4015- Assi ned Repres ti,e applicant/agent/owner) (Month/DayNear) 9 C IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS FOR 1109 WATERWAY LANE 1 This request for relief from sidewalk construction requirements came before the City Commission on JUNE 16, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for relief from the sidewalk construction requirements for 1109 Waterway Lane. All of the evidence is a part of the record in this case. 1. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. In situations where it is inappropriate to install a sidewalk concurrent with development, the applicant may obtain relief from sidewalk construction requirements. Should the relief from the sidewalk construction requirements of 6.1.3(C) for 1109 Waterway Lane be granted? Yes No ff relief is not granted, no further action is required by the City Commission and the applicant is hereby required to construct a sidewalk in confonnity with the requirements of the L.D.R. 6.1.3(C). If the City Commission grants relief to the sidewalk construction requirements, relief may be granted by only one of the following forms: a) Sidewalk deferral Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of the sidewalk at a given time. Should a sidewalk deferral be granted? Yes No b) Waiver Pursuant to LDR 6.1.3(D)(1)(b), where it is clear that the installation of the sidewalk system will not serve its intended purpose, a waiver to the sidewalk requirements may be granted. Should a complete waiver to the sidewalk requirements be granted? Yes No Should a partial waiver to the sidewalk requirements be granted? Yes No c) Payment in lieu of installation Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to install a sidewalk concurrent with development, the sidewalk requirements may be met by payment of funds in lieu of installation. A fee of $4,000 may be paid in lieu of installing 100 linear feet of sidewalk in the right of way adjacent to 1109 Waterway Lane. The fee shall be due upon issuance of a building permit Should an in-lieu sidewalk installation fee of $4,000 for 1109 Waterway Lane be charged to the applicant? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 2 5, Based on the entire record before it, the City Commission approves denies the request for relief from the sidewalk construction requirements for 1109 Waterway Lane and hereby adopts this Order this day of 2015, by a vote of-. in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to legal form and sufficiency: i,,ri-City Adorney- IV-1j\ Department Head: Francine Ramaglia 3 MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 8.C.-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 REOUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU PAYMENT/1046 MELALEUCA ROAD BACKGROUND The subject property consists of 0.378 acres (16,500 sq. ft.) and currently contains a 4,411 sq. ft. one- story single family residence, which was constructed in 1960. The property lies within the Seagate Overlay District and is located on the south side of Melaleuca Road, midway between Seasage Drive and Seagate Drive. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a new two-story single family residence with a pool. The owner wishes to defer construction of a five foot (5') sidewalk along Melaleuca Road. No other sidewalks exist along either side of Melaleuca Road. However, sidewalk deferrals have been previously approved by the City Commission for other properties along Melaleuca Road with support from DSMG (Development Services Management Group). These properties include 1031 Melaleuca Road and 1040 Melaleuca Road. At its meeting of February 19, 2015, the DSMG (Development Services Management Group) recommended approval to the City Commission for processing the in-lieu fee payment instead of construction of a sidewalk at 1046 Melaleuca Road. Pursuant to this, the owner will pay a fee in-lieu of installation of a sidewalk at a cost of$8 per sq. ft. of frontage of construction of a minimum five foot (5') wide sidewalk, pursuant to LDR Section 6.1.3(D) (3). The estimated cost for the subject site is $4,400 (four thousand four hundred dollars) for the existing one hundred ten feet (I 10') of frontage along Melaleuca Road. The board order has been reviewed by the City Attorney and has been approved as to form. City Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees for future construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. The applicant was informed of this determination and has opted to proceed with the current in-lieu of sidewalk installation fee for 1046 Melaleuca Road and has provided the attached consent form. DISCUSSION Consider approval of a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1046 Melaleuca Road within the Seagate Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Melaleuca Road. RECOMMENDATION AdvisoEy Board Recommendation: On February 19, 2015, the DSMG (Development Services Management Group) gave support for approval of a request for sidewalk relief in the form of in-lieu payment for the residence located at 1046 Melaleuca Road at a cost of$8 per sq. ft. of the existing one hundred ten feet (110') of combined frontage along Melaleuca Road, at an estimated total cost of $4,400 (four thousand four hundred dollars). Staff Recommendation: Approve the request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1046 Melaleuca Road within the Seagate Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Melaleuca Road. S�LLUOZ-t,96"I'll VC11do-M-HDVaE-kvH-Mcl HDV39XV'JI9CI V�,NOIIDas gLvovgs 0 1 XIa/z-10-I'T 9fIN9/,VlST aS'gLT I—tE ffDK-4(IISMT DWS < SgATOH NT=")WVN INVId RUS gg g M�I ui r Hp Na z s z ip A -- ------------------------ 01 e ((MOE[ISVE0 ---------------------- 00,011 a,$,00.06& - ------------------ ---------------- Q, 7 L� - --------- LAH--------- ---------- ------- ----------------- ---- - ---------- ---- -----------p---- ---------------------- 00,011 M,,00.00.06S A 64' 4 4f A,' -V_ 6�. v if f 1046 MELALEUCA ROAD NORTH Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT M AY 1 2 015 CONSENT AGENDA ACKNOWLEDGEM \lNING&ZONING IN-LIEU SIDEWALK INSTALLATION FEE 1046 IVIELALEUCA ROAD 1. The in lieu sidewalk installation fee is scheduled to go before the City Commission for review and approval on June 16, 2015. 2. The City staff presented documentary evidence and testimony to the Development Services Management Group (DSMG) on February 19, 2015 pertaining to the relief from the sidewalk installation requirements. All of the evidence is a part of the record in this case. THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE APPLICANT PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: The Applicant agrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on February 19, 2015. El The Applicant disagrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on February 19, 2015. PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: The Applicant agrees with this item being approved on the consent agenda for the June 16, 2105 City Commission meeting and concurs with the City's position. The Applicant opposes the City's position and requests placement on the e I I ar- genda as a quasi-judicial public hearing on June 16, 2015. I S A I J14 E DATE: AsYgnerepresentative (applicant/agent/owner) (Month/Day/Year) IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS FOR 1046 MELALEUCA ROAD I This request for relief from sidewalk construction requirements came before the City Commission on JUNE 16, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for relief from the sidewalk construction requirements for 1046 Melaleuca Road. All of the evidence is a part of the record in this case. 1. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. In situations where it is inappropriate to install a sidewalk concurrent with development, the applicant may obtain relief from sidewalk construction requirements. Should the relief from the sidewalk construction requirements of 6.1.3(C) for 1046 Mellaleuca Road be granted? Yes No 1f relief is not granted, no further action is required by the City Commission and the applicant is hereby required to construct a sidewalk in conformity with the requirements of the L.D.R. 6.1.3(C). ff the City Commission grants relief to the sidewalk construction requirements, relief may be granted by only one of the following forms: a) Sidewalk deferral Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of the sidewalk at a given time. Should a sidewalk deferral be granted? Yes No b) Waiver Pursuant to LDR 6.1.3(D)(1)(b), where it is clear that the installation of the sidewalk system will not serve its intended purpose, a waiver to the sidewalk requirements may be granted. Should a complete waiver to the sidewalk requirements be granted? Yes No Should a partial waiver to the sidewalk requirements be granted? Yes No c) Payment in lieu of installation Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to install a sidewalk concurrent with development, the sidewalk requirements may be met by payment of funds in lieu of installation. A fee of $4,400 may be paid in lieu of installing 110 linear feet of sidewalk in the right of way adjacent to 1046 Mellaleuca Road. The fee shall be due upon issuance of a building permit Should an in-lieu sidewalk installation fee of $4,400 for 1046 Melaleuca Road be charged to the applicant? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order 2 5. Based on the entire record before it, the City Commission approves _ denies the request for relief from the sidewalk construction requirements for 1046 Mellalleuca Road and hereby adopts this Order this day of 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to legal form and sufficiency: 211& y .IN,5tkCity A orney Department Head: Francine Ramaglia 3 MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 8.D.-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 REOUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU PAYMENT/960 S.OCEAN BOULEVARD(BLVID) BACKGROUND The subject property consists of 0.3954 acres (17,225 sq. ft.) and is currently vacant. The property lies within the Seagate Overlay District and is located at the northwest comer of Hibiscus Road and South Ocean Boulevard (SRAIA). The property is zoned Single Family Residential (R-1-AA) and the applicant proposes to construct a new single family residence with a pool house, pool, spa and 3-car garage. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way along Hibiscus Road. No other sidewalks exist on either side of the road. Further, no sidewalk deferrals have ever been previously approved by the City Commission for any other properties with frontage along Hibiscus Road, in association with another Seagate Overlay District application. At its meeting of February 19, 2015, the DSMG (Development Services Management Group) recommended approval to the City Commission for a sidewalk deferral instead of immediate construction of a sidewalk at 960 South Ocean Boulevard. However, on February 10, 2015, the applicant had already voluntarily provided payment of the in-lieu of sidewalk installation fee in the amount of $5,119.20, for processing prior to building permit issuance. It is still the applicant's preference to pay the in-lieu fee instead of future installation of a sidewalk along the Hibiscus Road frontage of the subject property. Pursuant to this , the owner will pay a fee in-lieu of installation of a sidewalk at a cost of$8 per sq. ft. of frontage of construction of a minimum five foot (5') wide sidewalk, pursuant to LDR Section 6.1.3(D) (3). The estimated cost for the subject site is $5,119.20 for the existing 127.98' of frontage along Hibiscus Road. The board order has been reviewed by the City Attorney and has been approved as to form. Cily Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees for future construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. As such, any current requests for sidewalk deferrals will be recommended for denial and considered as a quasi-judicial item for open discussion as opposed to a consent agenda item. The applicant was informed of this determination and has opted to proceed with the current in-lieu of sidewalk installation fee for 960 South Ocean Boulevard and has provided the attached consent form. DISCUSSION Consider approval of the request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 960 South Ocean Boulevard within the Seagate Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Hibiscus Road. RECOMMENDATION AdvisoEy Board Recommendation: On February 19, 2015 the DSMG (Development Services Management Group) recommended approval to the City Commission to allow a sidewalk deferral for 960 South Ocean Boulevard along Hibiscus Road. Staff Recommendation: Approve the request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 960 South Ocean Boulevard within the Seagate Overlay District to allow payment of a fee in- lieu of construction of a 5' sidewalk along Hibiscus Road. NVId IUS ESKE VCIIHO-H'14OV99 A"13a rq -6 'aA-19 NV330'S V SrOSIGAH 33N 30ISMI HONAI DHI -ONI'SIO311HO11V 3dOO w js tu r b V ills z qj -T i--- R "I P i LU jj E AL �T S ugig tT— LU 12 AH 0,2 4- J - ---- - ----- - Lu ff r c EVE E k"f 'AT LU 2 ;L -2 au io r 7 ZZ LU Ox lu IN i (1) —1 4 'it I j-,:I lu Im -Ul R 4 41W % Ar LYNCH RESIDENCE NORTH 960 South Ocean Blvd. Subject Prope y PLANNING&ZONING DEPARTMENT LOCATION MAP CONSENT AGENDA ACKNOWLEDGEMENT IN-LIEU SIDEWALK INSTALLATION FEE 960 SOUTH OCEAN BOULEVARD 1. The in lieu sidewalk installation fee is scheduled to go before the City Commission for review and approval on June 16, 20151. 2. The City staff presented documentary evidence and testimony to the Development Services Management Group (DSMG) on Februa[y 19, 2015 pertaining to the relief from the sidewalk installation requirements. All of the evidence is a part of the record in this case. THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE APPLICANT PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: 7—The Applicant agrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on February 19, 2015. El The Applicant disagrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on February 19, 2015. PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: The Applicant agrees with this item being approved on the consent agenda for the June 16, 2105 City Commission meeting and concurs with the City's position. El The Applicant opposes the City's position and requests placement on the regular agenda as a quasi-judicial public hearing on June 16, 2015. SIGNATURE: DATE: Q�/ krImle -52 J f))/ /S Assigned Representative��Vcant/agent/owner) (Month/Day/Year) IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS FOR 960 SOUTH OCEAN BOULEVARD 1 This request for relief from sidewalk construction requirements came before the City Commission on JUNE 16, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for relief from the sidewalk construction requirements for 960 South Ocean Boulevard. All of the evidence is a part of the record in this case. 1. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. In situations where it is inappropriate to install a sidewalk concurrent with development, the applicant may obtain relief from sidewalk construction requirements. Should the relief from the sidewalk construction requirements of 6.1.3(C) for 960 South Ocean Boulevard be granted? Yes No If relief is not granted, no further action is required by the City Commission and the applicant is hereby required to construct a sidewalk in conformity with the requirements of the L.D.R. 6.1.3(C). If the City Commission grants relief to the sidewalk construction requirements, relief may be granted by only one of the following forms: a) Sidewalk deferral Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of the sidewalk at a given time. Should a sidewalk deferral be granted? Yes No b) Waiver Pursuant to LDR 6.1.3(D)(1)(b), where it is clear that the installation of the sidewalk system will not serve its intended purpose, a waiver to the sidewalk requirements may be granted. Should a complete waiver to the sidewalk requirements be granted? Yes No Should a partial waiver to the sidewalk requirements be granted? Yes No c) Payment in-lieu of installation Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to install a sidewalk concurrent with development, the sidewalk requirements may be met by payment of funds in lieu of installation. A fee of $5,119.20 may be paid in lieu of installing 127.98 linear feet of sidewalk in the right of way adjacent to 960 South Ocean Boulevard. The fee shall be due upon issuance of a building permit Should an in-lieu sidewalk installation fee of $5,119.20 for 960 South Ocean Boulevard be charged to the applicant? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 2 5. Based on the entire record before it, the City Commission approves denies the request for relief from the sidewalk construction requirements for 960 South Ocean Boulevard and hereby adopts this Order this d a y 2015, by a vote in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to legal form and sufficleqcy- P�*City AFrney Department Head: Francine Ramaglia 3 MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 8.E.-RIEGULAR COMMISSION MEETING OF JUNIE 16,2015 REOUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU PAYMENT/812 SEASAGE DRIVE BACKGROUND The subject property consists of 23,600 sq. ft. (0.54 acres) and currently contains a 3,747 sq. ft. one- story single family residence, which was constructed in 1956. The property lies within the Seagate Overlay District and is located on the west side of Seasage Drive between Bauhinia Road and Azalea Road. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a new two-story single family residence with a pool. The owner wishes to defer construction of a five foot (5') sidewalk along Seasage Drive. No other sidewalks exist along either side of Seasage Drive. However, sidewalk deferrals have been previously approved by the City Commission for other properties with frontage along Seasage Drive with support from DSMG (Development Services Management Group). These eight (8) properties include 510, 622, 738, 744, 928, 1002, 1033 and 1034 Seasage Drive. At its meeting of April 23, 2015, the DSMG (Development Services Management Group) recommended approval to the City Commission for processing the in-lieu fee payment instead of construction of a sidewalk at 812 Seasage Drive. Pursuant to this, the owner will pay a fee in-lieu of installation of a sidewalk at a cost of$8 per sq. ft. of frontage of construction of a minimum five foot (5') wide sidewalk, pursuant to LDR Section 6.1.3(D) (3). The estimated cost for the subject site is $6,000 (six thousand dollars) for the existing one hundred fifty feet (150') of frontage along Seasage Drive. The board order has been reviewed by the City Attorney and has been approved as to form. City Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees instead of construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. The applicant was informed of this determination and has opted to proceed with the current in-lieu of sidewalk installation fee for 812 Seasage Drive and has provided the attached consent form. DISCUSSION Consider approval of a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 812 Seasage Drive within the Seagate Overlay District to allow payment of a fee in- lieu of construction of a 5' sidewalk along Seasage Drive. RECOMMENDATION AdvisoEy Board Recommendation: On April 23, 2015, the DSMG (Development Services Management Group) gave support for a request for sidewalk relief in the form of in-lieu payment for the residence located at 812 Seasage Drive at a cost of$8 per sq. ft. of the existing one hundred fifty feet (150') of frontage along Seasage Drive, at an estimated total cost of$6,000 (six thousand dollars). Staff Recommendation: Approve the request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 812 Seasage Drive within the Seagate Overlay District to allow payment of a fee in-lieu of construction of a 5' sidewalk along Seasage Drive. 11 77-- &1 -1. —r,-1-1,1 1 2 7;1 3 _-T***4Ca f)L-L �D-A-L I c-l"a Y4 C>IT"a a a a j ci �2 2H nm v� o. o 2 t EP'.1 22 -- -------- --t7 t— ---- - CL co NZ F-7 -7 r- Effm ILI "R — — — — — — — — — — — — A 7 *61f 812 SEASAGE DRIVE NORTH Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT lill �111 l���111111111111 iiiiiij 11 CONSENT AGENDA ACKNOWLEDGEMENT IN-LIEU SIDEWALK INSTALLATION FEE 812 SEASAGE DRIVE 1. The in lieu sidewalk installation fee is scheduled to go before the City Commission for review and approval on June 16, 2015. 2. The City staff presented documentary evidence and testimony to the Development Services Management Group (DSMG) on April 23, 2015 pertaining to the relief from the sidewalk installation requirements. All of the evidence is a part of the record in this case. THE FOL LOWING SECTIONS MUST BE COMPLETED BY THE APPLICAN T PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: The Applicant agrees, with the determination andfor recommendation made by the Development Services Management Group (DSMG)an Andl 23, 2015. 13 The Applicant disagrees with the determination and/or recommendation made by the Development Services Management Group(DSMG)on April 23, 2015. PICK ONLY ONE(1)OF THE FOLLOWING OPTIONS BELOW: The Applicant agrees vAth this item being approved on the consent agenda for the June 16, 2015 Chy Commission meeting andl concurs with the C!Vs position. 0 The Applicant opooses the, QWs posftn and requests placement on the regullw agenda as a quasi�jjudicial pubfichleadng an Jalm 16,2015. .SXMTURF_- DA\TE-. CAeskr—edl Representafte (appilcanitagenVowner) qdbmjhA3Weer) IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS FOR 812 SEASAGE DRIVE 1 This request for relief from sidewalk construction requirements came before the City Commission on JUNE 16, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for relief from the sidewalk construction requirements for 812 Seasage Drive. All of the evidence is a part of the record in this case. 1. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. In situations where it is inappropriate to install a sidewalk concurrent with development, the applicant may obtain relief from sidewalk construction requirements. Should the relief from the sidewalk construction requirements of 6.1.3(C) for 812 Seasage Drive be granted? Yes No ff relief is not granted, no further action is required by the City Commission and the applicant is hereby required to construct a sidewalk in confonnity with the requirements of the L.D.R. 6.1.3(C). ff the City Commission grants relief to the sidewalk construction requirements, relief may be granted by only one of the following forms: a) Sidewalk deferral Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of the sidewalk at a given time. Should a sidewalk deferral be granted? Yes No b) Waiver Pursuant to LDR 6,1.3(D)(11)(b), where it is clear that the installation of the sidewalk system will not serve its intended purpose, a waiver to the sidewalk requirements may be granted. Should a complete waiver to the sidewalk requirements be granted? Yes No Should a partial waiver to the sidewalk requirements be granted? Yes No c) Payment in lieu of installation Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to install a sidewalk concurrent with development, the sidewalk requirements may be met by payment of funds in lieu of installation. A fee of $6,000 may be paid in lieu of installing 150 linear feet of sidewalk in the right of way adjacent to 812 Seasage Drive. The fee shall be due upon issuance of a building permit Should an in-lieu sidewalk installation fee of $6,000 for 812 Seasage Drive be charged to the applicant? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order 2 5. Based on the entire record before it, the City Commission approves _ denies — _,_ the request for relief from the sidewalk construction requirements for 812 Seasage Drive and hereby adopts this Order this day of 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to legal form and sufficie cy: City plj- pr[orney Department Head: Francine Ramaglia 3 MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 8.F.-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 REQUEST FOR SIDEWALK RELIEF IN THE FORM OF IN-LIEU PAYMENT/1209 SEASPRAY AVENUE BACKGROUND The subject property consists of 10,500 sq. ft. (0.241 acres) and previously contained a 2,053 sq. ft. one- story single family residence, which has recently been demolished. The property lies within the North Beach Overlay District and is located on the north side of Seaspray Avenue, east of Andrews Avenue. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a new two-story single family residence with a pool and two-car garage. The owner wishes to defer construction of five foot (5') sidewalks along Beach Drive and Seaspray Avenue. No other sidewalks exist along either side of Beach Drive or Seaspray Avenue. However, sidewalk deferrals have been previously approved by the City Commission for other properties with dual frontage along Beach Drive and Seaspray Avenue with support from DSMG (Development Services Management Group). These properties include 1041 Seaspray Avenue and 1101 Seaspray Avenue. At its meeting of February 19, 2015, the DSMG (Development Services Management Group) recommended approval to the City Commission for processing of the in-lieu fee payment instead of construction of sidewalks at 1209 Seaspray Avenue for both Seaspray Avenue and Beach Drive. Pursuant to this, the owner will pay a fee in-lieu of installation of a sidewalk at a cost of$8 per sq. ft. of frontage of construction of a minimum five foot (5') wide sidewalk, pursuant to LDR Section 6.1.3(D) (3). The estimated cost for the subject site is $6,000 (six thousand dollars) for the existing one hundred fifty feet (150') of combined frontage along Beach Drive and Seaspray Avenue. The board order has been reviewed by the City Attorney and has been approved as to form. Cily Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees instead of construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals. The applicant was informed of this determination and has opted to proceed with the current in-lieu of sidewalk installation fee for 1209 Seaspray Avenue and has provided the attached consent form. DISCUSSION Consider approval of a request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1209 Seaspray Avenue within the North Beach Overlay District to allow payment of a fee in-lieu of construction of 5' sidewalks along Beach Drive and Seaspray Avenue. RECOMMENDATION Advisory Board Recommendation: On February 19, 2015, the DSMG (Development Services Management Group) gave support for approval of a request for sidewalk relief in the form of in-lieu payment for the residence located at 1209 Seaspray Avenue at a cost of$8 per sq. ft. of the existing one hundred fifty feet (150') of combined frontage along Beach Drive and Seaspray Avenue, at an estimated total cost of $6,000 (six thousand dollars). Staff Recommendation: Approve the request for sidewalk relief in the form of in-lieu payment for the proposed residence located at 1209 Seaspray Avenue within the North Beach Overlay District to allow payment of a fee in- lieu of construction of 5' sidewalks along Beach Drive and Seaspray Avenue. n-IL �D-A-IL :u s -a r-'I c:> CT�a-%,v- �D MEE V(IINO'lj'IDVEIEI AVH'IEIG POU ElfINHAV HIP EIN M SHEIGIME1 EIGISVEIS CA FIWOHWOLSfID cn U b b T U C40 M i-T, mi 91 Tl'R 41- -—-—-—-—-—- ---- ---- ------- +F <�. EL iJ I L----Ji MEE El - --------- ----- -------- EIIIEI�1111007 H- -—-—-—-—-—- P P 'g.l.. T mo, -H� DnN4AV�dN—V L-------------------------------------------------------------I 4 00 Jr Ae 40, T* 16 All AL -6 &ALA" 1209 SEASPRAY AVENUE NORTH Subject Prope y PLANNING&ZONING LOCATION MAP DEPARTMENT CONSENT AGENDA ACKNOWLEDGEMENT IN-LIEU SIDEWALK INSTALLATION FEE 1209 SEASPRAY AVENUE 1. The in lieu sidewalk installation fee is scheduled to go before the City Commission for review and approval on June 16, 2015. 2. The City staff presented documentary evidence and testimony to the Development Services Management Group (DSMG) on February 19, 2015 pertaining to the relief from the sidewalk installation requirements. All of the evidence is a part of the record in this case. THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE APPLICANT PICK JONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: The Applicant agrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on February 19, 2015. El The Applicant disagrees with the determination and/or recommendation made by the Development SerVices Management Group (DSMG) on February 19,2015 PICKJD'/NLY ONE(111,OF THE FOLLOWING OPTIONS BELOW: The Applicant agrees;with this item being approved on the consent agenda for the June 16,21105,City/Commission meeting and concurs,with the Qbfs position. The Applicant opposes the CiiWs position and requests placement on the reguillar agenda as a quasi-judicial pubic hearing on June 16.,20115. SIGNATURE: DATE: Represen,tafive(appIlicanUagenVowner) (Mon#A)ay1Yeair) IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS FOR 1209 SEASPRAY AVENUE 1 This request for relief from sidewalk construction requirements came before the City Commission on JUNE 16, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission p ertaining to the request for relief from the sidewalk construction requirements for 1209 Seaspray Avenue. All of the evidence is a part of the record in this case. 1. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. In situations where it is inappropriate to install a sidewalk concurrent with development, the applicant may obtain relief from sidewalk construction requirements. Should the relief from the sidewalk construction requirements of 6.1.3(C) for 1209 Seaspray Avenue be granted? Yes No If relief is not granted, no further action is required by the City Commission and the applicant is hereby required to construct a sidewalk in conformity with the requirements of the L.D.R. 6.1.3(C). If the City Commission grants relief to the sidewalk construction requirements, relief may be granted by only one of the following forms: a) Sidewalk deferral Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of the sidewalk at a given time. Should a sidewalk deferral be granted? Yes No b) Waiver Pursuant to LDR 6.1.3(D)(1)(b), where it is clear that the installation of the sidewalk system will not serve its intended purpose, a waiver to the sidewalk requirements may be granted. Should a complete waiver to the sidewalk requirements be granted? Yes No Should a partial waiver to the sidewalk requirements be granted? Yes No c) Payment in lieu of installation Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to install a sidewalk concurrent with development, the sidewalk requirements may be met by payment of funds in lieu of installation. A fee of $6,000 may be paid in lieu of installing 150 linear feet of sidewalk in the right of way adjacent to 1209 Seaspray Avenue. The fee shall be due upon issuance of a building permit Should an in-lieu sidewalk installation fee of $6,000 for 1209 Seaspray Avenue be charged to the applicant? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 2 5. Based on the entire record before it, the City Commission approves _ denies the request for relief from the sidewalk construction requirements for 1209 Seaspray Avenue and hereby adopts this Order this day of 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to legal form and sufficiency: 'N5 ity _54�6 A hey Department Head: Francine Ramaglia 3 MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 8.G.-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 REOUEST FOR SIDEWALK RELIEF IN THE FORM OF A WAIVER/524 ANDREWS AVENUE BACKGROUND The subject property consists of 15,439 sq. ft. (0.3544 acres) and currently contains a 3,919 sq. ft. one- story single family residence, which was constructed in 1958. The property lies within the North Beach Overlay District and is located at the southwest comer of Harbor Drive and Andrews Avenue. The property is zoned Single Family Residential (R-1-AA) and the applicant proposes to construct a new two-story single family residence with a pool. While the owner has agreed to construct a sidewalk along the Andrews Avenue frontage, he wishes to eliminate the requirement for construction of a five foot (5') sidewalk within a five foot (5') easement along the south side of Harbor Drive. No other sidewalks exist along either side of Harbor Drive. However, sidewalk deferrals with easements have been approved by the City Commission for other properties along Harbor Drive with support from DSMG (Development Services Management Group). These properties include 100 1 and I I 10 Harbor Drive. At its meeting of April 23, 2015, the DSMG (Development Services Management Group) recommended that a fee be paid in-lieu of sidewalk installation at a cost of $8 per square foot of the existing 76.88 feet of frontage for a five foot (5') sidewalk at a total estimated cost of$3,075.20. Waiver Analysis Presently there are no sidewalks along Harbor Drive or in the vicinity of the subject property. Pursuant to Land Development Regulations (LDR), Section 6.1.3 (D)(1)(b) — Waiver, where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be completely waived, subject to approval by the City Commission. 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. Granting the requested sidewalk waiver will not necessarily create an unsafe situation or diminish the provision of public facilities. However, it will have an adverse affect on the neighboring area by creating a special privilege, as other applicants have not been granted waivers under similar circumstances, but were instead approved for sidewalk deferrals to be constructed at a future date within 5' sidewalk easements. All waiver requests are granted on a case-by-case basis as deemed appropriate for the circumstances of each proposed development. Thus, granting this waiver will serve to set a precedent for future waiver requests by other property owners or applicants. Under similar circumstances, it is reasonable to assume that such requests would not be supported. In turn, a positive finding with respect to LDR Section 2.4.7(B)(5) can not be made. Cily Commission Workshop: On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Pursuant to LDR Section 6.1.3(D)(3), it was discussed that in-lieu payment of fees for future construction of a five foot (5') sidewalk was a viable alternative that had been underutilized to date. Upon further consideration, in-lieu payment was deemed the preferred alternative to future approval of sidewalk deferrals or waivers. As such, subsequent requests for sidewalk deferrals or waivers have been recommended for denial and considered as quasi-judicial items for open discussion as opposed to a consent agenda item. The applicant was informed of this determination and has opted to proceed with the current sidewalk waiver request for 524 Andrews Avenue and has provided the attached consent form. DISCUSSION Consider approval of a request for sidewalk relief in the form of a waiver for the proposed residence located at 524 Andrews Avenue within the North Beach Overlay District to eliminate the requirement for a 5' sidewalk along the south side of Harbor Drive. RECOMMENDATION AdvisoKy Board Recommendation: On April 23, 2015, the DSMG (Development Services Management Group) gave support for a request for sidewalk relief in the form of a waiver for the residence located at 524 Andrews Avenue at a cost of $8 per sq. ft. of the existing 76.88 feet of frontage along Harbor Drive, at an estimated total cost of $3,075.20. Staff Recommendation: Deny the request for sidewalk relief in the form of a waiver for the proposed residence located at 524 Andrews Avenue within the North Beach Overlay District and accept the in-lieu fee payment of $3,075.20 for the 76.88 feet of frontage along the south side of Harbor Drive. ,u RION 1 ---sl DAIMMW W W WM-N-1- i-IT-wn-si, N-O NO NOUO-O-N NO-S- S-N -smii- -N- si im-n-s'i A N R L W 4 1 r N U E pal 1 P�� q N I-, 9 1�1;��!,"� 4 17� I'M 1 MOM 11-4 cu) A, 4N imp hm twig W MON 10 1 loll 11111 if 1 do 1 "M DI W E 01 May 5, 2015 MAY 12 2 PLANNING &ZONING Mr. Thomas M. Venables 1226 Harbor Court Delray Beach, Florida 33483 Development Services Management Group (DSMG) City of Delray Beach 100 NW 1 st Avenue Delray Beach FL 33444 Re: 524 Andrews Avenue To Whom It May Concern: My wife and I purchased the above referenced property, which is located in the "North Beach Overlay District" on the corner of Andrews Avenue and Harbor Drive. The Beach District Development application was submitted to the city on March 31, 2015. In a letter from Candi Jefferson dated May 1, 2015, we were informed that the DSMG determined that 1) we will be required to construct a sidewalk along Andrews Avenue, and 2) that we will be required to pay an in-lieu fee of$3075.20 to not construct a sidewalk along Harbor Drive. In response to the DSMG's determinations, we are requesting consideration of the following: -Andrews Avenue - construct sidewalk. We agree and will construct one as per the City's specifications. -Harbor Drive. In-lieu fee of$3,075.20. We are requesting a waiver from having to pay an in-lieu fee for not constructing a sidewalk along the Harbor Drive frontage. Harbor Drive has no sidewalks and we don't understand why we should be required to pay an in-lieu fee of $3,075.20 to not construct a sidewalk on a street where no sidewalk exists, and likely never will be constructed. We do agree to have a sidewalk easement in the event that the city does come back and decides to install a sidewalk. When we purchased this property, we had no idea there is a lengthy beach district application process for renovating or rebuilding (as opposed to property owners in other locations who are not required to do this). We are not developers and are not experienced with building a new house but feel that the city should better inform citizens of this sidewalk program and also to take into consideration that the Beach District Development application process adds a minimum of three months to the approval process. Nowhere on the application is it indicated that the construction of, payment for, or deferral agreement for a sidewalk or sidewalks is part of the approval process. The previously unknown sidewalk issue is now adding unnecessary time to the approval process, which is costly to us as homeowners. The city kept this information concealed until the application had been submitted. Then we were subsequently informed of requests we never made that were considered by the DSMG, and the actions based on the requests that were never made. Thank you for your time and consideration. Sinc r ly, mas enables A �rp nil 1� VENABLES RESIDENCE NORTH 524 Andrews Avenue Subject Property PLANNING&ZONING DEPARTMENT LOCATION MAP Mlllg�lllpllll , CONSENT AGENDA ACKNOWLEDGEMENT SIDEWALK DEFERRAL AND EASEMENT AGREEMENT 624 ANDREWS AVENUE 1. The sidewalk deferral and easement agreement is scheduled to go before the City Commission for review and approval on June 16, 2015. 2. The City staff presented documentary evidence and testimony to the Development Services Management Group (DSMG) on April 23, 2015 pertaining to the relief from the sidewalk installation requirements. All of the evidence is a part of the record in this case. THE FOLLOWING SECTIONS MUST BE COMPLETED BY THE APPLICiNT PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: El The Applicant agrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on April 23, 2015. The Applicant disagrees with the determination and/or recommendation made by the Development Services Management Group (DSMG) on April 23, 2015. PICK ONLY ONE (1) OF THE FOLLOWING OPTIONS BELOW: El The Applicant agrees with this item being approved on the consent agenda for the June 16, 2105 City Commission meeting and concurs with the City's position. U//The Applicant opposes the City's position and requests placement on the regular agenda as a quasi-judicial public hearing on June 16, 2015. /- IGNATURE: DATE: xy Assigned Vepre�sentafive (applicant/agent/owne (Month/DayNear) I IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR RELIEF FROM SIDEWALK CONSTRUCTION REQUIREMENTS FOR 524 ANDREWS AVENUE 1 This request for relief from sidewalk construction requirements came before the City Commission on JUNE 16, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for relief from the sidewalk construction requirements for 524 ANDREWS AVENUE. All of the evidence is a part of the record in this case. 1. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. In situations where it is inappropriate to install a sidewalk concurrent with development, the applicant may obtain relief from sidewalk construction requirements. Should the relief from the sidewalk construction requirements of 6.1.3(C) for 524 ANDREWS AVENUE be granted? Yes No If relief is not granted, no further action is required by the City Commission and the applicant is hereby required to construct a sidewalk in conformity with the requirements of the L.D.R. 6.1.3(C). If the City Commission grants relief to the sidewalk construction requirements, relief may be granted by only one of the following forms: a) Sidewalk deferral Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of the sidewalk at a given time. Should a sidewalk deferral be granted? Yes No b) Waiver Pursuant to LDR 6.1.3(D)(1)(b), where it is clear that the installation of the sidewalk system will not serve its intended purpose, a waiver to the sidewalk requirements may be granted. Should a complete waiver to the sidewalk requirements be granted? Yes No Should a partial waiver to the sidewalk requirements be granted? Yes No c) Payment in lieu of installation Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to install a sidewalk concurrent with development, the sidewalk requirements may be met by payment of funds in lieu of installation. A fee of$3,075.20 may be paid in lieu of installing 76.88 linear feet of sidewalk in the right of way adjacent to 524 ANDREWS AVENUE. The fee shall be due upon issuance of a building permit Should an in-lieu sidewalk installation fee of $3,075.20 for 524 ANDREWS AVENUE be charged to the applicant? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 2 5. Based on the entire record before it, the City Commission approves denies the request for relief from the sidewalk construction requirements for 524 ANDREWS AVENUE and hereby adopts this Order this _ day of--, 2015, by a vote of in favor and _ opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk Approved as to legal form and sufficiency: ( �W_ :-� A.._yl�City orney Department Head: Francine Ramaglia 3 MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: April 17, 2015 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF JUNE 16,2015 RETROACTIVE PROFESSIONAL SERVICES AGREEMENT/THOMPSON&YOUNGROSS ENGINEERING CONSULTANTS/DESIGN SERVICES FOR FIRE STATION NO.5 BACKGROUND Request consideration to retroactively approve a Professional Services Agreement with Thompson & Youngross Engineering Consultants in the amount of$9,000.00 for professional engineering and design services relating to the Fire Station No. 5 Generator Upgrade project,No.14-011. Fire Station No. 5 is located at 4000 Old Germantown Rd just south of the 4700 block of Linton Boulevard. The City's Special Operations team is based out of station No 5; capabilities include HAZMAT, high angle rescue, confined space rescue, dive rescue, and heavy extrication. These personnel are also members of the state HA-ZMAT team, available to respond in the event of a large disaster in the state of Florida. Originally built in the early nineties, the auxiliary power generator at Station No. 5 met the standards for that period, providing a limited amount of electrical power to the facility. The current generator has reached its serviceable life cycle and is in need of complete replacement. A natural gas standby generator and support electrical switchgear will ensure adequate auxiliary power for the entire facility during times of power interruptions. Thompson & Youngross, LLC has provided professional engineering and design services which included progress plans at 40% and 90% design for review and comment, as well as signed and sealed plans for permitting. The engineer will also provide limited construction administration and assist the City with bidding, permitting, construction and project closeout. As a point of reference, retroactive approval by City Commission is now required, based on the City's Purchasing Code Chapter 36, Section 36.03(B), "Multiple Acquisitions", each fiscal year. On September 4th 2014, former Interim City Manager Terrance Stewart approved a professional design services proposal for the Fire Apparatus Diesel Exhaust Systems project in the amount of$24,750.00. On March 3rd 2015, current City Manager Donald B. Cooper approved a professional design services proposal in the amount of$9,000.00 dollars; both approvals in compliance with Ordinance No. 29-13 Section 36.02 (C)(3)professional services. However, billable tasks for the first approval became applicable this fiscal year. Based on the current language within the City's purchasing Ordinance with respects to aggregate total, though approvals occurred within different fiscal years, staff has now exceed the City Ordinance threshold of $25,000 dollars; thus prompting this request. The Environmental Services Department is utilizing Thompson & Youngross Engineering Consultants due to the very specialized nature of this scope of work. The recommendation for award is in compliance with Code of Ordinances, Section 36.02 (C) (3) "Professional Services". Attachments include: 1)A copy of City Standard Short Form of Agreement between City and Engineer. DISCUSSION Motion to retroactively approve a Professional Services Agreement with Thompson & Youngross Engineering Consultants in the amount of $9,000.00 for professional engineering and design services relating to the Fire Station No. 5 Generator Upgrade Project,No.14-011. TIMING OF THE REQUEST This project is funded in the current CIP. FUNDING SOURCE Funding is available from 334-2311-522-64.90 (General Construction Fund/Fire/ Machinery/Equipment). RECOMMENDATION Through a motion, approve a retroactive approval of a Professional Services Agreement with Thompson & Youngross Engineering Consultants in the amount of $9,000.00 for professional engineering and design services relating to the Fire Station No. 5 Generator Upgrade Project,No.14-011. STANDARD FORM OF AGREEMENT BETWEEN CITY AND ENGINEER THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Thompson & Youngross Engineering Consultants, LLC. (hereinafter called ENGINEER). WITNESSETH: The CITY and the ENGINEER in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned ENGINEER hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The ENGINEER, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The ENGINEER further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the ENGINEER include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) PAGE NUMBERS Standard Form of Agreement 1-8 Corporate Acknowledgement Certificate Drug Free Workplace Certification 9 Sample Insurance Requirements/Forms 10-13 Current Insurance Certificate (provided by vendor) Exhibit "A" Proposal, Scope of Work 4. The term of this Agreement shall commence on the date written above and the work provided herein shall be completed by September 30, 20151. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: Randal Krejcarek, P.E. Director City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to Engineer: 7. The ENGINEER shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the ENGINEER shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the ENGINEER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, conditions and obligations contained in the Agreement. 9. The ENGINEER shall indemnify and hold harmless the CITY and its officers and employees from liabilities, penalties, damages, losses, suits, claims, demands, judgments, injunctive relief, awards, settlements, and costs, including, but not 2 limited to, reasonable attorneys' fees, arising out of the performance of this Agreement to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ENGINEER and other persons employed or utilized by the ENGINEER in the performance of the Agreement. The CITY acknowledges that pursuant to Section 558.0035, Fla. Stat., an individual employee or agent of ENGINEER may not be held individually liable for negligence. The CITY will pay to the ENGINEER the specific consideration of ten dollars ($10.00) and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the ENGINEER acknowledges that the bid price includes said consideration for the indemnification provision. The indemnification contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Fla. Stat. 10. This Agreement shall be considered null and void unless signed by both the ENGINEER and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the ENGINEER and may only be altered, amended or repealed by a duly executed written instrument. 12. Method of Payment. Compensation shall be paid to the ENGINEER in accordance with the following provisions: (a) Invoices will be submitted periodically, via regular mail or email, for services performed and expenses incurred. Payment of each invoice will be due within thirty (30) days of receipt. If the CITY fails to make any payment due the 3 ENGINEER under this or any other agreement within sixty (60) days after the ENGINEER'S transmittal of its invoice, the ENGINEER may, after giving notice to the CITY, suspend services until all amounts due are paid in full. 13. Insurance. The ENGINEER carries Workers' Compensation Insurance, Professional Liability Insurance and General Liability Insurance. If the CITY directs the ENGINEER to obtain increased insurance coverage, the ENGINEER will take out such additional insurance, if obtainable, at the ENGINEER'S expense. 14. ENGINEER shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, ENGINEER agrees to: (a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the ENGINEER at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible 4 with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the ENGINEER. (e) If ENGINEER does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 15. INSPECTOR GENERAL ENGINEER is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from ENGINEER and its subcontractors and lower tier subcontractors. ENGINEER understands and agrees that in addition to all other remedies and consequences provided by law, the failure of ENGINEER or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 16. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to form and Legal Sufficiency: City Attorney WITNESSES: By: Andrew J. Youngross, P.E. — PRINCIPAL (please type or print name) (please type or print name) 6 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification). Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped 7 CERTIFICATE (If Corporation) STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of _—, a corporation under the laws of the State of held on — —1 20--, the following resolution was duly passed and adopted: "RESOLVED". that as President of the corporation, he/she is hereby authorized to execute the Agreement dated __1 20--, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this —day of— ___1 20--. (Secretary) (Sea 1) 8 2014 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L04000:035621 Jan 27, 2014 Entity Name:THOMPSON &YOUNGROSS ENGINEERING CONSULTANTS, LLC Secretary of State Current Principal Place of Business: CC1980,6901" 112 SE I GTH STREET DELRAY BEkCH, FL a34B3 Current Mailing Address: 112 SE 1 OTH STREET DELRAY BEACH, FIL 33483 FEI Number. 73-1705572 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: ARLEN, ROBE RT M 1 G1 SE 6THAVEWE SUFF�D DELRAY BEACH, FL 13-483 US Irba above nameed ft$5"Wism-M for The pwrpLse of chw�;ny 21 mg*tem-d offina ar Y--givemd agan�,or bofh�.M fin Vote of fusk6E[a. SIGNATURE Elor.;trarik�.Signature of RLgisterea A�ient Date Authorized Person(s) Detail : Title NIGR 7ftle WGR Name T�Q;MPSOr,4.1 DAWEL Name YOUNG-ROSS,A140REW Address 112 S-E I STREET Address 112 SE I OTH STREET Cty-State-Zip: DELRAYBEACH FL 32,4-S3 Cfty-State-Zig: DF-LR4Y BEACH FL a3493 4naDyubAb)'I tu!.2he Avarmfr'7 Wk:s�an 1ki's 5�?T=rEMRL'PZL*Pe Wrale ta7',3 �Zrwvv�-A-bar a, of m X�Wnw'*A!wt"P al&110-1 IWA SIGNATURE: DANIEL E THOMPSON PRINCIPAL 01/27/2014 Electron,ic Signature Df Sigrikig Auth Drized Pemon(s)Mai[ Date ARTICLES OF ORG-ALNIZkTION FOR TE(O-N2SO'N& YOU.NGROSSENGINEERP�GCO*-NST:LTA-NT,q;IIXC, A,FLOREDA LDMTD LL43n=COMPANY Tli]:,� 1-i-NDEPSIGNED. ROBMT M. ARLENT, being,the ==ey formad ama au=&�, repizeseatative 4 THONfPSON FNCTRiERRINCY CONSULTANTS, WC., a maini THONTSON&YOUNGROSS ENCTnSTEaR:NGC0NSL-LT.ANTS, LLC,and for the purp of =atn.lr at Flondz� h=teld llabihty compmy mdeT Chapter 608 FloTida ==tes, does he�eby emr-ate t1lese Articles. of Organiza5on and would statc: I. Same: Tae narna C�f the Limited liabi:ity coznpary is T140N�PSON & YOUNG��OSS ENG2�=RING CONSULTANTS, LLC. 2. Prin=*Pal Office-, The maitng addrcss=d s1zeat address ofthe p:i=ipal offic;e of tbLe limited Jiebllity co=pany is 900 West Lkiton Blvd-, Sa� 200, Da;xay B=h, Florida 2S444. 3. Registered Agmt =d Offfee: P,013EPT �4 ARLENI is bmeby appointed as regimerad arent for thm Hrnit--d liability eorqp=y. Hiz of ra= add:ess is P, I 10 East Atl=dr- Aveutie, Siihe 330F Delray Beach, norida .33444, lEs sip?-t=e and acceptmoc=pro-vidod below, 4. -Managger: The=aag=(MGR)of the LLC,,axt DAN=THOMPSON, 900 West Lint= BlvcL, Suite 2GO, Delray Be-ach, ?IoTida 33444, anLd ANDREW YOUNGROSS, 900 West Linton BlvcL, Suite 200,Delray Beack Florida 334-44, Th accordazaa with Stcticn 6D8,408C3)Flo�:�Statitts,the execution of this docum,2mt canstitutes =1--L'rfi�on Uader t�Le penalties of perjuzy that the Lwts stELted hare=' art true, azecat�,-d thisMay 2304. TO—BERTRARLLN,Att�and authoriz ed Aep-r–es-e–ntative Of THOMPSON' EN CTW=;LN0 CONSVLT-ANTS, INC,, zaember,of ti�e TT C Acceptance of Registemd Aggent L ROBERT K ARLEN,having been narn ed as Registmd,Ag=i and to a=ept s=vi= of P-rocess �br the above mmtd lirnit,�:d liability company atthe place desipated in pamgmphL S above, do hereby accept n:7 appointn=t as Registmed Agent and aVee to act i-a this capazity. I ftzther -- ---------- agree to complywiffilheprovisio=of all 5=utes rclating to the?rope.-and oc=pletep=fb=n=ce of my dudes, aad I am famiLiar wit!l md accf--Pt the obligItions Of MY Positiat as Registered Apnt as provided for in Cbapter 608 Flmida Statutes, ROBERT 1VL ARLEN- Registezed Agmt Paga 2 -A.-dcles of organizatio-a THOMPSON&YOUNGROSS ENCTWEEMG CONSULTANTS,n�IC.ULC DRUG FREE WORKPLACE CERTIFICATION As the person authorized to sign this statement, I certify that this fin-n complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed uport employees for drug abuse Violations. 3) This fitm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement speaied in subseofion(1),this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter B93 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5)days after such oonViction, 5) This firm imposes a sanction on or requires-the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this sectiork. Thotnpson&Youngross Engineering Consultmts ,_LLC. Contractors Name Ti g n atu re Andrew J. Youngross, P.E.-Principal Page 9 MINIMUM INSURANCE MQUIREMENTS k GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the-limits specified in paragraphs (1) to(4) inclusive below. A Best Rating of no less than A-7 is required for any carriers providing coverage required under the terms of this Contract B. COVERAGE E�cept as othenuise stated,the amounts and types of insurance shall conform to the following minimum requirements� I. Worker's Comp0sation-Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws, In addition, the policy must include Employer's Liability with a limit of$1,000,000 each accident. 2. Comprehensive General [Jability -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Uability Policy filed by the Insurance Services Office and must include: a) Minimum limits of$1,000,000 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. b) City of Delray Beach is listed as Additional Insured in Description of Operations Section. c) Contractor must submit an"Additional Insured Endorsement Page', d) Premises andlor Operations; minimum of$500,000� e) independent Contractors- f) Products andfor Completed Operations. g)No exclusion for Underground, Explosion or Collapse hazards. 3� Business Autq Poligy-Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto PoliGy filed by the Insurance Service Office and must include: a) Minimum Limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Gortificate of Insurance - Certificates of Insurance evidencing the insurance coverage specified In the previous paragraph should be received prior to commencement of work. The contractor shall endorse the City of Delray Beach as additional Insured. If the initial insurance expires prior to the completion of the work, renewal certificates shat! be furnished thirty (30) days Prior to the date of expiration. Also, under the Cancellation section of the Gertificate--of Insurance the contractor ("not The "Insureprj shall be reguired to notify the.,Ct of m; torial changes or cancellation of insurance policies, or non-renewal. MANCT-1 j0p 10'.Kk CERTIFICATE OF UABILITY INSURANCE F`- THIS CSMRCATI�IS MUED AS A MATTER OF IMFOWATION ONLY AND CONFISS NO MGHTS U�Icbl 7iE CERMQATE KOLDER,THIS CaKMOATE DOES NOT AFFIRMATIVELY OR REGATWELY A141ZND. 5)UEND OR ALTER THE c*VERAGE AFFORDED sy THE FoLIc:ES BELOW, THIS GaMOIGATE OF NSURANGE DOES NOT CONSTRUT�B A coNTRA;7r BETWEEN TfiF-ISSUING R4SIJREIR(%AMOREED FtEPRESENTWTWE OR PRODUCM:�AND THE CERMCATE HOLDER. WFORTANT.- N ths carfffl=bD holder�g an ADDITIONAL INSURED,1he par"es) must be andars-k. lf SUBROGATION LS WAtVEA subjec�tv the twms anij cmntWom Dfto prificy,carjWA poft�-s miq mquire ai3 endomemmt Astatepent om this o"iffizate does nat corder fl&ft ic the . cerZ=fe hpider In Ilea of amedl endarwm*atfs� Phone.' Jqhn �Doe ABC Insurance i�m*any Ldd�ess I NsMMS) IRSUFERC: Contractor Name INSWURD I %tSbkME: CERnFICATE NUI�IBEP- PE)VISION NUMSER- THIS IS TO CER`7FY ThkT THE POI-JC�oF INSURMCM OSTED BELOW AAVE BEEN MED TO THE 1�=Pm KwED ABOvE FoR THE POxy P��Fjw INO=TFID- NOTV%qTHSTA=ING ANY REQUYREMEN7.TERM OR COND17ION OF ANY GOVI-RACT OR MSK bOCUMEW WTK RMFr;CT TO M1ICH THIS CE:MFICATE MAY HE ISSUED OR MAY PERTkIN,THE INSURANCE AFFORDED BY THE POLICIES oEscRiBED HEfON IS wBJEcT To ALL THETS�WS, AND CONDITIONS OF SUCH POUCIMS,LIMrM SHO\W MAY HAVE SEEN REDUCED BY PAID CLAIMS, XSFL . . —=I pa r�YEFF POUZY Exp Liurrs Lm 7-0�eOFLNSUFWCE aw-zQffnn eUN44ALUA3LrrY SkCH OCWRRM�X A 751(-�MMMCSAL(3ENEKXU4BVrY aAWS4AAD-1 F—XI ocrm MED -ffl 11 E)(;- T-e POWNAL&AWWURY is tG=fakA1LA0wmkrZ 1$ . GsXLAC,0RL--A75 UKT APFUM PER PROMCM-COMPMP Aca 5 7 .�r 7 FAg� F-�LOC $ AUT00051LE LlAaQ�M WaLl-,ETW � A 1WAUM 50QLYIWURY(PWp�* is AL OWqED SCHEDIJ-ED BMILY IMAM(Per-wd 3 ALTC6 AUTIS NQN.Vmqm KRSDAUMS ALTrOS Uwura-u L" WIM OCMRR�NCE A 6A LtAB AGWVa&M I ZED I RETERnONS ViOrtiqMX COMPERSKOON , .,UD�UWWTEW UABL= g.PILRIEN.111P 11000,000 4Mr�E. VJ-EAai A=E�T NIA (MaWAiwy i.KR� EL Ussisr:-FA EmFLoy�o s 1 ,0 opawnWs�um F-LIXSBASE�rOLIV� Imrr I t I-ON n()C)— .A r DESMPUZOF�QFERA-nollal L=301,SIV9410 M(At—hA==Wl.Agi�r-4 Rw=i�- City of -Delray��Beah� �-s listed as AdditiQ-aal Insured Project Name; Projeet Numbar: 30 Days Notice for Cancallatio-A DERT119C�ATE HOLMEF� =13-1 SHDULQ ANY OF THE AJROVP DE�CMM POLICIZ BE CANC21 ZrD;3E9mRE THE EXPIRATION DATE THEREOF, NOT)=� Wff-L BE tIELIVERED IN City of Delray Beach ==ANCE WrM THE POLICY FIROV00M�30 Days xot�-Cu 434 S. swinton �xe. AVTHQR�= Delray Beach, FL 33444 198S-21MO AMFM CORPORKT)OK All rights reserved. ACORE)25 pulatw� The Al--ORD ron-m-and logo am registamd lmrim e A00RO "SAMPLE INSURANCE DDGUMF-MTS COMMERClAL GENERAL LIABILrrY THM ENDORSEMEW CHAN6ES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLErED OPERATIONS This endorsement modifIes insurance provided under the iolloVing, COW�ERCIAL GENERAL LIABILITY COVERAGE PART A. Sec:tjQn It�Who Is An ldsure� is amended to This lnsu=ro does not apply to� Ind ud, as an adalt1ohal irrsumd ny person or organizfffion when you and such person 1. Sodily Injury, 'property damage or or arpanization have agreed in wrfiinp in a Npersonal and advertising tnjuW caused, contract or ement that such person or in Whole Or!ri part by the rendering of, organl7ston"911'eadded as sn adc�Monal in- or t�e failure to render,any professional su red on your policy. Such pe=n or organ- architectural. enginearing, or surveying lzation �s an additional Insured only with services,incljjdi�g: respezf io liability musM,In whole or in par� by'your WoW performed forlhi�t insured and a. The preparing, ap proving,or failing Included Jih the 'products-mmpleted oper- 3t!Dns' hazard, to prepare or approve, maps, shop drdwings,opltsions,reports,surveys, The coverage afforded to the Additional In- field Orders, uhange ordem, or ,sured Is solely limited to liability specifically drawing and speaffications;and resultino from the conduct of the Named In- sured, which may �0 Imputed -lo the Addl- b. Supervisory, inspection, arcbiteo- tiona[ Insured. tural,or engineering activities, S. This endorsemera pmidus no mwerags io 2. Willful misconduct of, or for defact� ir the Additional Insured for liability caused, in design furnished by, the additional In- whole or in part, out of the claimed sured or its'employees'. negligence of the Additional Insured. other tan which may be imputed to the Additiomil As a condition of Coverage,the additional in- Insured�y virtue of the conduct of the Narned Insured. aurad shall be OK9,71;ed to tenderthe defBnsp- and Indernrifty of ever� ctaim or suit to at] C. With resped jo the Insurance afforded these other insurers that may provide coverage lo additional i3sureds, the Mlowing additional the addFJonal Insured, whether contingent, exclurion applies: excess or primwy- lcwjudu G0W#9k!Md mmaftal of lhaum= C(;70 ST Os DATE(MMtDDNYYYI CERTIFICATE OF LIABILITY INSURANCE :L�29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTAC T Darleen Palmer NAME: Keen Battle Mead & Company PHONE jAIc.No.ExfI, (561)613-6097 �"=AX.No):(855)715-0850 7850 Northwest 146th Street E�'DmufR'Ess:dpalmer@ kbmco.con Suite 200 INSURER(SI AFFORDING COVERAGE NAIC# Miami Lakes FL 33016 INSURERA..Foremost Signature In5urance INSURED INSURERIB.Hartford Underwriters Ins Co 30104 Thompson & Youngross Engineering Consultants, INSURERC-Lloyds Underwriters 112 SE 10th St. INSURER D� I INSURER 5: JDelray Beach FL 33483 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 All policies REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE _____ZOLIGY NUM13ER IMM)DDrYYYY) 4MMIDDNYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrance� $ 1,000,000 CLAIK45-MADE Fx—1 OCCUR 9/19/2014 9/19/2015 MED EXP(Ary one person) $ 10 r 000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY 7 J'F'C'T- 7 LOC S AUTOMOBILE LIABILITY OOMBINEID SINOLF LIMIT (Ea accidenti. .. $ 11000,000 ANY ALTO BODILY INJURY(Per person) $ A ALL OWNED SOHEDULED PA801905779 9/19/2014 9/19/2015 BODILY JNJURY(Peraccident) ALTTOS AUTOS NON-OW14ED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per...,dmt� $ X UMBRELLA LIAB OCCUR EAUH OCCURRENCE $ 2,DOO,000 A EXCESS UAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I x I RETENTION$ 10,000 �AS01905779 9/19/2014 9/19/2015 $ WORKERS COMPENSATION STAT13- OTH_ AND EMPLOYERS'LIABILITY YIN A31Y LIMITS X 'R ANY PROPRIETORIPARTNERIFXECUTIVE NfA E.L.EACH ACCIDENT $ Soo,000 OWCERIM11MBER EXCLUDED? 21WECDW9655 9/19/2014 9/19/2015 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,desC;ibe under DESCRIPTION OF OPERATIONS below El DISEASE-POLICY tIMIT $ .500,000 C Architects PGIARK0331501 10/27/2DI4 10/27/2015 p,,h Ojai, $1 1 00 0 1 0 0 0 Professional Liability Aggregate $1,000,000 --4 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additlona[Rornarks Schedule,if more space Is required) City of Del.7ay Beach is listed as additional insured with respects to General Liability. Re: 14-011 FS 5 Generator R/R CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS. 434 S Swinton Ave Delray Beach, FL 33444 . AUTHORIZED REPRESENTATIVE Timothy Battle/DARL ACORD 25(2010105) 1988-2010 ACORD CORPORATION. All rights reserved. INSD25 i7ninns)ril Tho&('nPf)n�ma and tn�e%ara rmni�far�rf m�rlr=nf ACOI*rl -M HVAG PLUMS1143 ELECTRICAL Thompson & Youngroas ENGINEERING CONSULTANTS, LLC 5"'February 2015 City of Delray Beach City Attorney 200 NW I sAvenue Delray Beach,Florida 33444 RE. Station 5 Generator Replacement City Proj ect No. 14-011 Subject: Thompson &Youngross Engineering Consultants, LLC. Automobiles Thompson &Youngross Engineering Consultants, LLC does not own any automobiles. No TYEC, LLC automobiles will be-used at the Station 5 Generator Replacement project. Respectfully, Andrz—:�C2 ss, P.E.–PPJNCIPAL ew J. YO 112 SOUTHEAST 10TH STREET DELRAY BEACH,FLORIDA 33483-3426 VOICE:(561)274-0200 FAX:(561)274-0222 (561)272-7950 E-MAIL:TEC@TECFLA.CQM 08/2612014 02:32 PM gM�fi 1010 D I PAS 01 -02075380 F003413058-001-00001 NONE BRANCH GR QRAND RAPIDS Firr oil/IaI2014 [M'FOREMOST ismURANCE GROUP PRECISION PORTFOLIO POLICY SUPPLEMENTAL DECLARATIONS PRECISION AMERICA (CONTNUED) -v 0�'�P�f; Mum", RPM, n, ADDITIONAL INSIBIED- OWNERS, LESSEES OR LIABILITY ODNTMCTORS-SCHEDULED PERSON OR ORGANIZATION MME OF ADDITIONAL INSUREDS PERSON(S ) OR ORGANlATION(S) M2010 0704 NAVE I CITY OF DELRAY BEAOi MME 2 ADDRESS 1 100 NE IST AVENUE ADDRESS 2 CiTY DELRAY BEACH STATE FIL ZIP 33444 LOCATIONJS) OF DOVERED OPERATIONS ALL COMMERCLAL GENERAL LIAMMY 9S5009 EA. 3-00 INSURED'S COPY 0111114/20114 IWAC IPLUMING ELECTRICAL Thcyippsen & Youn_qrosss ENGINEERING CONSULT- ANTM LLC October 31, 2014 City of Delray Beach 100 NE 1st Ave Delray Beach, Florida, 33444 Phone: 561-243-7328 Attn.: Mr. Bob Diaz, Construction Manager Re: Fire Station #5 Generator Replacement Professional En-gineerin-g Services Prwosa DearBob: Thank you for this opportunity for Thompson &Youngross Engineering Consultants, LLC, hereinafter referred to as the Engineer, to provide the following proposal for professional engineering and design services to The City of Delray Beach, hereinafter referred to as the Client. This proposal is based on the information provided in your 11/20/12 email. We understand the scope of work is to investigate the size generator needed to replace the existing generator with spare capacity of 25%. The design will include generator sizing, electrical switchgear modification to provide a generator for the whole building, mechanical piping design for natural and propane gas for the generators. 1.0 SCOPE OF SERVICES TYEC shall provide professional engineering and design services shall include the design of Heating, Ventilation and Air Conditioning (HVAC) Engineering, Plumbing Engineering and Electrical Engineering, Construction Phase services, for the above-referenced project. TYEC shall also anticipate submittals at the following stages; Design Development (40% Construction Documents), and 90% Construction Documents. 1.1 VENTILATION SYSTEMS Prepare construction drawings and specifications for the ventilation requirements for an indoor generator. The plans shall include a plan view of the equipment, ductwork, air devices, suitable for construction, pricing and permitting. 1.2 GAS SYSTEMS Prepare construction drawings and specifications for the gas piping systems. The construction documents shall include both plan and riser views suitable for construction, pricing and permitted. All systems shall be terminated at utility systems. 112 SOUTHEAST 1 OTH STREET DELRAY BEACH,FLORIDA 33483-3426 VOICE:(561)274-0200 FAX:(561)274-0222/(561)272-7950 E-MAIL:TEC@TECFLA.COM 1.3 ELECTRICAL SYSTEMS Prepare construction drawings and specifications for a generator replacement. The plans shall include a plan view of the electrical distribution system, risers, panel schedules, details and specifications suitable for construction, pricing and permitting. 1.4 CONSTRUCTION PHASE SERVICES Construction Phase services provided for this project shall include; Response to Contractor's Request for Information (RFI) during construction phase, Review of Submittals (shop drawing), and a total of (4 ) site visits during the construction process. Substantial completion and final inspection would each constitute a site visit. 2.0 ADDITIONAL SERVICES The engineer shall perform such additional services as agreed by the parties. Such services and compensation for the services shall be either on a time and material basis at rates listed below or an agreed fixed price, prior to the additional services being performed by the Engineer. Failure to obtain such agreement will not preclude compensation for such services, made by the Engineer on behalf of the client. Our proposal considers the following listed services as "Additional Services":. • Comprehensive "commissioning" of building systems and equipment. • Production of record drawings ("As-Built"), which would incorporate modifications to the original design, as documented in the field by the contractor and forwarded to TYEC. Record Drawings are the sole responsibility of the contractor. • Field observation visits (per person per visit at hourly rates quoted below) • Progress/Coordination meetings beyond the 4 meetings included in base fee. • Detailed cost estimates and/or analysis. • Value Engineering (TYEC will assist in value engineering during the design development phase of the project only). • Review of contractors coordination drawings for purposes of inter-discipline coordination. 3.0 SERVICES PROVIDED 3.1 SERVICES PROVIDED BY THE CLIENT In addition to Architect's Responsibilities as outlined in AIA Document C401 —2007 Edition— Standard Form of Agreement between Architect and Consultant or EJCDC E-500 Standard Form of Agreement between Owner and Engineer for Professional Services, the Client shall assist the Engineer by furnishing at no cost to the Engineer, all available pertinent information including previous reports, legal description of the property, current survey, criteria and full project program requirements, including design objectives, budgetary limitations, project schedules and all related analysis previously prepared, and any other data relative to performance of the above services which may be required for new design. The Client shall provide the Engineer with drawings in hard copy format and base building drawings in AUTOCAD (Release 2009 or higher) format. The data should follow a standard layering system that must be documented and shall included reflected ceilings and power/telephone data layouts. The Client shall designate a person, in writing, to act as the Client's representative with respect to the services to be provided under this agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define 112 SOUTHEAST 10TH STREET DELRAY BEACH,FLORIDA 33483-3426 VOICE:(561)274-0200 FAX:(561)274-0222/(561)272-7950 E-MAIL:TEC@TECFLA.COM the Client's policies and decisions with respect to materials, equipment, elements and systems pertinent to the Engineer's services. 3.2 ADDITIONAL SERVICES PROVIDED BY THE ENGINEER The Engineer will furnish to the Client, the following and shall be included in the base fee: • Initial site visit to determine functionality of existing equipment or services. • Design Review Meetings: (1) Initial "Kick-off" meeting, (1) Design Development (40% complete) Review meeting, (1) Construction Document (90% complete) Review meeting. • Coordination with building officials during design phase. • Review and Final Coordination Sets: PDF file format. • Manufacturer product cut-sheets: PDF file format. • Provide three (3) Signed & Sealed sets of construction documents with Florida Energy and HVAC Load Calculations. • Response to Local Permitting officials' comments. • Response to Bidder's written questions. 4.0 FEES 4.1 FIXED FEES Hours. Rate Extension Design Development services: 28 $125.00 $3,500.00 (inciudes digitizing the building and site plan) Construction Document Design services: 20 $175.00 $3,500.00 Bidding and Permitting Services: 5 $100.00 $ 500.00 Construction Phase services: 15 $100.00 $1,500,00 Not to exceed Total: $9,000.00 The above service fees are based on our best estimates of the time involved for the services rendered.The breakout of fees is for invoicing purposes,however some of the services may not be required by the client such as;site visits,shop drawing review,permitting and bidding services and capacity confirmation.Those services not rendered by the engineer will not be invoiced.The client must determine the services required,strike out those that are not required when you send the signed proposal back to us. Note: Architectural and structural services may be required and is not part of the proposal. The city will need to contract separately with an architect and structural engineer. 4.3 HOURLY RATES Hourly rates shall be billed for additional services to the engineer as follows: Principal Engineer: $175.00 Lead Engineer: $125.00 Design Engineer: $1 WOO Project Manager: $100.00 4.4 REIMBURSIBLE EXPENSES Reimbursable expenses shall include but are not necessarily limited to the following: FAX �SC,,!J T OfxTECP_,,��_=,Jv • Delivery of ALL construction documents. • ALL Printing and reproduction costs of: Progress sets, final documents for reproduction elsewhere, specification books, reports initially submitted to client-, but were lost, etc., whether done in house or by others, and will be billed at $2.00 for every 12"x18" plot, $2.20 for every 24"x36" plot, $3.00 for every 15"x2l" plot, $3.20 for every 30"x42" plot, and $0.25 for every 8-11 12"xi I" print. • All required testing to determine existing condition of equipment or services. • All delivery related expenses. Including courier, mailing and FedEx and or UPS charges. • All required testing at the completion of the project that is not included by the contract, • All applicable state sales tax. • All licenses and permits. 5.0 SCHEDULING The Engineer will make every effort to comply with the project scheduling as developed by the client. Receipt of information for the basis of design, review comments from the owner, coordination with other design professionals all affect the progress of the work and as such may impact the schedule. The Engineer will inform the chent in writing when the Engineer believes the schedule is impacted and a time extension is required. The request for extension will include an estimate of the number of days the schedule is affected and the impact to the fee, if any. Please allow 3 weeks for design services after all and proper design criteria have been established. We look forward to working with you and the rest of the team at City of Delray Beach on this project-, if you have any questions or comments, please call. Respectfully) Andrew J. Youngross, P.E. Expected issue for Permit date: \\BNAS\Personal\DET\WPWTN60\PROPOSAL\DELRA-Y\DELRAY FIRE STATION GENERATOR REPLACFME1\7rS\Fire Stanon 5 GeneraLoT Replacement(rev 5-22-15).doc "IF, DY .7H -,T-F7-T VI-113E 6�5cf' FAX -"17-22' MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, CPRP, Parks and Recreation Department Director THROUGH: Donald B. Cooper, City Manager DATE: May 26, 2015 SUBJECT: AGENDA ITEM 8.1.-REGULAR COMMISSION MEETING OF JUNE 16,2015 BID AWARD/L.V.SUPERIOR LANDSCAPING INC./LANDSCAPE MAINTENANCE BID NO. 2015-47 BACKGROUND Staff recommends a motion to approve a bid award of Bid 2015-47 for an annual landscape maintenance contract to LV Superior Landscaping, Inc. for a one(l) year term with two (2) additional one (1)year renewal periods for$77,190 per year. Three vendors attended the mandatory pre-bid meeting on May 6, 2015 for Bid 2015-47. At the May 20, 2015 bid opening, two vendors submitted bids, LV Superior Landscaping hic. and Complete Property Services of South Florida, Inc.. The bid tabulation sheet is attached. LV Superior Landscaping will be a new vendor for this service, Lawn Wizard was the prior vendor. The lowest bidder was LV Superior Landscaping Inc. The amounts for the separate areas and totals are listed below: Area#1 —Atlantic Avenue 1-95 Interchange - $39, 420.00 Area#2—Linton Blvd. 1-95 Interchange - $34,450.00 Area#3 — S.W. 10th Underpass - $3,320.00 The total cost for all areas encompassing Bid 2015-47 is $77,190.00. 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". DISCUSSION Parks and Recreation expects the total FY2015 cost for contractual landscape maintenance will increase over the FY2014 level. The existing contact for this maintenance was $63,449. The bid award of$77,190 would exceed funds approved for budget year FY2015 by $13,741.00. This amount will be covered through department savings in other maintenance areas. TIMING OF THE REQUEST Maintaining the Landscape Maintenance Services for these areas is essential in keeping with the high level of maintenance service provided thus the timing of this request is of high importance. These areas are currently being serviced by Contract 2013-24 (Vendor - Lawn Wizard) which will expire on 6/10/15. FUNDING SOURCE Funding is available under the approved FY 2014-15 department operating and capital budgets. Account # 119-4144-572.46-40. Total funding for the combined Areas, 1, 2, and 3 is $77,190.00. RECOMMENDATION Staff recommends a motion to approve a bid award of Bid 2015-47 for an annual landscape maintenance contract to LV Superior Landscaping, Inc. for a one(l) year term with two (2) additional one (1)year renewal periods for $77,190 per year. ui 6 r4 t-i V2 vs (U W2 VB 4a CL 0 C� 0 ca C> 9 <D m Ci IN tft I V9 10 ci %* IN Z9 cs .120, 4n %* fin f09 ws cc LU 0 In 0 C> 0 C, Ln ldj C13 C7, Z LW < 0 z LL. LU 0 1 1 el �09 to in te 6191 es IN N m f4 94 C-4 V) in I 1 1 z dc cc MO. c bo IM .2 C: 152. -6- LL! Ln CL ed 'o Z C:) 0 fal 40 bd 5 04 W3 0 . ad C: tw el Ln C6 cc IN c; CLq z C3 *k co > Ln N < r4 Ln bb 90 9- w 6q ws cn CD 0 ,a Uri 0 Cl c Ln q 0 09 q^ 4A In �n rA fA cm uj 0 %A 605 z < 3: u cs g LU "t in V4 u < LLI 0) OD >- < U w 93 fn Z 4) LLJ OA 0 tv U- LU 0 Z LLJ < 44 u Ln z 0 V3 W4 U cc 0 a &U a 0 i z ui k) z u c en 4t -u Ln �4 0 tm ui LU r4 cc "d 0 E�' a m m T3 IL z _0 E E c lu E w IFO I-on N cl IL IC 0 0 z a 9! Ll OZ :c Z z la z z a 0 w W6 0 dill LL w v (a SO z I w LU 9 IL a. 9 IL 'C L LM z C) Ck El OC L) 4V -0 > 1161 40 PRO M M z z LU W TR r- N P4 IU6 ! z 4� 0 M z z z cs Z L LU ),a L z OC 09 a z gig z W ul W z a ),. a a a LLI � I& IA. U. && 0 0 a a L 0 z 19 SO 2 IL IL 10L PON 'i V Z 0 .2 0 z a 2 0 Val 41 44C z 0 Z E 4 ;c w �q z ig -% F City of Defray Beach Date: 5/1'2/2015 Che6k Request Form Date Needed: 5/15/2015 - I f Vendor Number: I Amount: $ 333.68 Vendor Name: The Palm Beach Post- Palm Beach Post Newspapers, Inc. Vendor Address: 559 N. Military Trail, W. Pal�$ea4, FL 33415 �777 P, Advertisement for bid #2015-47 - Lanwscape Maintenance 1-95 Intercha'nge -Annual Contract. NOU 251111M 119-4144-572-46.40 333,658 333.68 5/1 015 Requested by: Tim Simmons Date. 5/12/2015 Department Head: Date: Purchasing: Date: City Manager: Date: $10.,000 and over Ci!x Manager .77--� :7.7-77 AP Description: El Pick up Cherk Mail Che& Person to pick up check: Ext: Purple - Tuition Reimbursement Green - Travel and expense rei�ibursement Pink - Emergency or Pickup Lime Green - First Night 11-w Palm Beach Post ADVERTISING INVOICE RM NW ff=MR BILLED ACCOUNT NUMBER BILLM DATE TO-TALAMOUNT DUEJ DOCUMENT -'0' 1 G7168 04/261201 $333.68 257751 W� Nim Seach Daily News BXLING PERIOD TERMS OF PAYMENT PAYMENT DUE PAGE# 6/ 0 1 L04/26/2015-04/26/2015 Upon Receipt 04/26/2015 1 /1 : r ADVERTISER CLIENT ADVERTISER CLIENT NAME G768 CITY OF DELRAY BEACH CITY OF DELRAY BEACH 100 NW IST AVE DELRAY BEACH FL 33444-2612 For questions oonceming this bill call 855-333-2676 If paid.please disregard-Thank you. DATE DESCRIPTION DIMENSIONS TIMES RUN CE RATE GROSSAMOU NETAMOUNT RI&EXERPEAP"" J" BILLED UNITS N1 W26/20115 410789 ADVERTISEMENT FOR BIDCITY 01 333.68 333.6B BEAC 04rMO15 PB Post PB Post Web 04#2612015 Total Amount Due $333.68 RECEIVED MAY —4 2015 IL/ '�'/,NAIVCE .................... ............................. ......................................................... ......................................................... PLEASE DETACH AND INCLUDE WITH YOUR PAYMENT PAYMENT COUPON DOCLIMENT I SILLING DATE I TERMS Of PAYMEW eLYM LW��SER WENT# ADVERTISER CLIENT NAME 257-751 104/26/20151 G768 CITY OF DELRAY BEACH Pleam send your paymnt to: Gies CITY OF DELRAY BEACH CMG -PB Remittance Address 100 NW 1ST AVE PO Box 646098 DELRAY BEACH FL 33444-2612 Cincinnati, OH 45264-5098 TOTAL AMOUNT AMOUNT ENCLOSED L $333-68 0050025775100090333681 The Mm Beadi Fbst IMMMMMAK Palm Beach Daily News CITY OF DELRAY BEACH PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF ADVE111111MME19 FM ME) PALM BEACH Before the undersigned authority CM Gf P181"If WACM LANDSCAK 114011INISMANa personally appeared Tiffani Everett, who on oath M KnOCHANKE lZmawmAcr W No.2M547 says that she is Call Center Legal Advertising afs C":,et CftoDel,& Representative of The Palm Beach Post, a daily and ReAr FL.(Clty) nedwranorl lviduals(b ers)to submit a BID or to ,in, airrte- Sunday newspaper, published at West Palm Beach nMfKt'$*"!Qt for area with- olor,�I'dhl'='n'lh. r's ns- , In- in Palm Beach County, Florida;that the attached *r as at All A" ud,Linton osarde rM8l%:ba..f copy of advertising for a Notice was published in said the overpass at 10th Stroot In Dal- ray Seach. Service and good work- newspaper on First date of Publication 04/26/2015 mant1rho mof uzirruiz cculmen.Bid- den as for efther 2er- vice or workmanship wlfl be)udged! and last date of Publication 04/26/2015 Affiant further to be= siblle and their bkk n'r no Nobd will be ad It It offers lower standards says that the said The Post is a newspaper published toriall arwWor workmanship"n Is dw- vulbodtheroln at West Palm Beach, in said Palm Beach County, Pj:hld conforance has boonschodule"forlelid 1 11 Florida, and that the said newspaper has heretofore M29HAtI&M I Intarated bidders been continuously published in said Palm Beach orts and be pre- Ions.Copies of the County, Florida, daily and Sunday and has been =11kationt may be download" entered as second class mail matter at the post office 'rW__'D tl )711-171�Z �7� Pl= h. r'4" 47;.1. in t N.'=2Z T"co.-y a. F Ilooro N., h� in West Palm Beach, in said Palm Beach County, We.33461� Call 'Ina at S61- 241j163 to ensu':L�r�lent supply, Florida, for a period of one year next preceding the kaied bids will be received b= darsVI in the Purtha ng first publication of the attached copy of advertisement; 100 1 Avenue.g1ray lea'h, d.x, and affiant further says that she/he has neither paid Mmy_2A,ZW at which time bids will be o ned and read aloud. 'Vb�jblZy "ifw t "'arkedtorlpinal and nor promised any person, firm or corporation any two tZ)marked copy 0 b d Shoals. All wrvkeF^wk performed Wds shaV discount rebate, commission or refund for the purpose be'subinift"d In seated envelopes, of securing this advertisement for publication in the Fine led or dolivivrod to the City ot Defter Beach,Purchasing Ofillce� 100 NW F rst Avenue,Delray ftazk Flor- ida 33444. Oufticlir of onvelogo shall said newspaper. Also published in Martin and St. ij�I-ENW-BER Lucie Counties. advertisement for bid Ad ID: 790420 Any bid recehn,4 after 1"l A.K an Way 20,HIS will not be coftsidared. Ad Cost: 333.68 No bidder moy withdraw h[sAef bid for a period of ninety days after Use day Ior 1: rr,�V bid,. ...b '=* foel rayBoachforres. Each bid must=P,:n!ad5'y certifled check . W or kirtlonol Bank of AwWo,cashier's Elleck drawn tlanal Bank able surety performance bond in an wr"i"root I"$ftm five percent(5%) oftive b je bid,as guarantee that the 'ithil.fir.it. BIDDER.111 not. RECEIVED rompoWDnaftef thoopenIngtheblds onA ff written notfoo is given of such tword,enter Into a wMars Contract I Delray Beach.Florida, M�y -4 2015 Mh Ih"si VIS the w r Men Pro pos. 0. &Kouid the socc*Wul BIDDER fall a enter Into a Contract the chock or �dbancl shall belorteltod as IlqWdaf- INA NCr: d dam&gft he City of Delray Beach.Florida re, rn*s the rot to re)ect any and all ldh 10�Jvts Infor"Hies,to re-bld. 'd to award tho Contract in it;best ftrdrL I Aof ReZh,Florid& .AD.ZrL' -1-1 "tangp. .1 %11V ','�The to. 26/201S 0410789 APRIL D. EMBERTON '7 NOTARY PUBLIC )F OHIO STATE COMM. Expiles . 2016 0 ejober 01 0 worhrt�'ni -/27/2015."/ '01rE Of fho is rersonally known to me. CITY OF DELRAY BEACH PURCHASING OFFICE W TEL: (561) 243-7161/7163 N.W. 1st AVENUE FAX: (561) 243-7166 DELRAY BEACH, FIL 33444 www.mydeiraybeach.com INVITATION TO BID BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract April 26, 2015 This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE-BID CONFERENCE has been scheduled for WEDNESDAY MAY 06, 2015 at 10:00 A.M., located at City Hall — 1s' Floor Conference Room, 100 N.W. ls' Avenue, Delray Beach, FL 33444. All interested bidders are required to attend and be prepared to ask questions. Bidders' failure to attend Pre-Bid Conference will result in rejection of bid. Bidders' failure to sign-in within ten (10) minutes of the scheduled conference start time will result in rejection of the Bidders bid. SCOPE OF WORK: The City of Delray Beach, FL. (City) hereby invites qualified firms or individuals (bidders) to submit a BID for Landscape Maintenance service for areas existing within the Florida Department of transportation right-of-ways at the 1-95 interchanges at Atlantic Avenue, Linton Boulevard and the grass at the base of the overpass at SW 10th Street in Delray Beach. DUE DATE: WEDNESDAY, MAY 20, 2015 prior to 10:00 A.M. at which time all bids will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall in the first floor Conference Room. Bidders and the general public are invited and encouraged to attend. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to utilize the submittal form provided in the bid package and to ensure that his/her bid reaches the Purchasing Office on/or before the closing date and hour as shown above Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE RETURN ONE UNBOUND (1) ORIGINAL AND TWO (2) BOUND COPIES OF ALL BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1ST Avenue, Delray Beach, Florida 33444. Bids time-stamped at 10:01 A.M. or later, will not be considered for award and will be returned to the Bidder. DOCUMENTS AND ANY ADDENDA are available on-line at the Demandstar website, ww.demandstar.com. Demandstar offers a free single agency subscription which includes free document downloads by registering at www.demandstar.com/re$4ister.rsp. If you need assistance with registration, or you are a first-time registrant and need immediate download of a document, please call (800) 711-1712. Bid Documents obtained from any source other than Demandstar or the City of Delray Beach Purchasing office may not be accurate or complete, and each Bidder assumes all risks by its reliance on such documents. A Bidder who has not obtained bid documents from DemandStar or the Purchasing office will not be notified of any addenda issued by the City, which could contain material changes thereto (such as additions or changes to the technical specifications, extensions of time, etc.). INQUIRIES: Questions regarding this solicitation must be directed to Purchasing, (561) 243-7163, by fax to (561) 243 7166 or by email to dowdell(u-)-mydelraybeach.com. To ensure a timely response, inquiries should be made by Wednesday, May 13, 2015 no later than 2:00 P.M. Information in response to inquiries may be published as an Addendum. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety (90) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. All service/work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N.W. 1 s'Avenue Delray Beach, Florida, 33444. Call Purchasing at 561-243-7163 for information. "The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re-advertise and to award the Contract in its best interest. Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any State or National Bank of Florida or an acceptable surety performance bond in an amount not less than five percent (5%) of the base bid, as guarantee that the BIDDER will not withdraw from the competition after the opening the bids and, if written notice is given of such award, enter into a written Contract with the City of Delray Beach, Florida, in accordance with the written Proposal. Should the successful BIDDER fail to enter into a Contract, the check or bid bond shall be forfeited as liquidated damages. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE CITY OF DELRAY BEACH INVITATION TO BID BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract Table of Contents Invitation to Bid 0-1 Table of Content 2 General Conditions,Instructions and Information 3-7 Indemnity/Hold Harmless Agreement 8 Cone Of Silence 9 Drug Free Worhplace Certification 10 Insurance Requirements 11 Insurance Form Samples 12-14 Standard Form of Agreement 15-20 Corporate AchnovAedgment 21 Certificate(if Corporation) 22 Surety Performance and Payment Bond 23 Specifications 24-27 Special Conditions 28-34 Schedule of Pricing 35-39 Professional References 40 Equipment List 41 Chech List 42 Bid Signature Form 43 Statement of No Bid 44 Attachment"A" 45 Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 2...................... GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES AND PRODUCT CONSIDERATION: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s)quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F. Economic Price Adjustment: a) there may be a change in the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days before the price increase would become effective. The City determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s)specified on bid form. 5. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 14. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 15. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain a "Business Tax License" before a Notice to Proceed will be issued (Contact Donna Porter @(561) 243-7209). C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies to have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561)243-7150. See pages 13 - 15 for Insurance Requirements. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 7 (Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The successful bidder shall be awarded a contract for one (1) year with the option to renew for two (2) additional one (1) year periods, renewable by the City Commission. The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the City Commission. 21. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 22. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 23. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 24. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 25. NON-DISCRIM I NATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 26. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 27. BID PROTEST: PROTEST OF AWARD / PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Purchasing Manager by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW 1st Ave Delray Beach, FIL 33444 Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 7...................... INDEMNITY/HOLD HARMLESS AGREEMENT BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend the City, its offers, agents, servants, and employees from and against and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court cost, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of the Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceedings is brought against the City by reason of any such claim, cause of action, or demand, Contractor shall, upon notice from the City, resist and defend such lawsuit or proceedings by counsel satisfactory to City or, at City's option, pay for an attorney selected by the City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of the Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under the Agreement may be retained by the City until all City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. Contract&s Name Signature Date Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE ...................... CONE OF SILENCE BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article 111, division 2, part A, section 2-51 et seq.)or municipal ordinance as applicable. M The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractors Name Signature Date Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE DRUG FREE WORKPLACE CERTIFICATION BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section. Contractor's Name Signature Date Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE INSUFANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1)to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of$100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy-Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE ......... .. SAMPLE MANQ7-1 OF ID:KP CERTIFICATE OF LIABILITY INSURANCE Ef THIS CEFMFICATE Is ISSUJO AS A MATTER OF WrORMA7)ON ONLY ANn CONFERS NO'MGKrS UPON THE CERTIFICATE HOLDER.THIS CERIJFgCATF DOES NOT AFFIRMATIVELY OR NECxATTVSLY AMEND, Ex7END OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELow. THIS GERTIFiICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT SETINEIN THE ISSUING IMRER(S�AvrHoRIZF;1� R5PRFSEINTATTVE OR PRODUCIEF4 AND THE CERTIFICATE:HC)LDZP- IMPORTANT: It the - haidar Is an ADDMONAL INSURED,the porjcyC��Lnust be endomed, It SURROGATION 12 WAIVED,subj;7-7- tho tannR and condifiam of the policy,mrtaizt polides aW requbv an endomenwiL A stab3ment an this etrocate does not conf�r Hghft to the terfiftafe holder In UU of such endomvnww19s)- Phor)e.,' .=NTACT NEL jQhn Doe PMCrdE c -fty ABC Tnsqrance Compa 'Lddress INSLI!�Nqj AMRDLNG CO Ge xAr- IRSL;RaKA�9' WSURED Contractor Name NWRER_D.' Address PMRER E: RER F' REOSION NUMBER: COVEI�AGES CERTF�CATE NJ MSF-:Z-. THIS IS TO CERTFY THAI THE FOUCLES OF INSURANCE USTED BELOW HAVE BEEN ISSLIED TO THE)NgOgED KAMED ABOVE FOR THE POLICY PERIOD INDICATED. 14011VATHSTANDING ANY RFOUIRsIMENT�TERM OR CONDITIOM OF ANY CONTRACT OR OTHER DOCUMEW WITH RESPECT TO VA.-IICH THIS CER71FICATE MAY BE ISSUED OR MAY PERTAX'rHE INSURANCE AFFORDED BY THE POLICIES QESCRIBED HEREIN IS SUBJFCr TO ALL THE TB�M$. EXOLUSIONS AND CONOMONS OF SUCH POUCES,UMrrS SHO"MAY HAVE BEEN RM'JCED By pXo CLAIMS, C; rym OF Nsup-WCE NUMBER MID CCOLP-RENCE 5 08,EFkAL LINSIL" A Nil M.2nLflx;g CLAWS4tADE ED CCCUR ?dED EXP(AM���I pe�s &KwINJ "E '1 11 3EN- -MENLASCfa2k77 LUT APKM PERL - Lj MUCT Lcr- co SINaLe UkfiT M L ATr':&ELAwrY 11000,00 BOCILY NJLRY(pw JAX ANY ALqO -L— AU.8�WM SMI-Y INJURY IPer amkz�tc 3 OW scHa3j-.n AUT AU70S ;CS E mzt� a ' HIRMALITCS Aj7M LAXBRM�LA LIAB EACH OCOURPZ�CF COCLIR —A EXCM3 UA-3 CLNMIS4AV AGGRE�XTE %C S7ATLL WORXERS COMPENSN110" I 101S .AND EMPLOYIEW11AMWry YIN rJ-E-.CK ACCZENT I C 1,000,000 AW PRIDPFUE=RMARTHERV=.� 0 r C5RfVQ13EK EX�WDS>7 ro N I A �7 (MqRd-'b-ry'. ==Cn-d' . I E�,MSEASE-POLIcy umrr I;I 10 0 0 1 0 0 0 OF CPSiAMONG�d- r J D&5MVr" ,�WMA-nC"S I LOCAMW�S IVENIMM V=0 A=NZ 101.A6&b—a R--kV Sd-iL*em— I--h-wU-0 City of.DeIray�73ealaA is listed as Additional Insured Froj-ect Name: Pvofeet Number: 30 Days Notice for Cancellation CEFMIF9CATE HOLDER CANCELLAT1014 CrrDB-1 SHOULD ANY OF THE ABOV I E DESC"S0 POLJCIES BF CA.9CELLED FiF70RE THE MRA11QN DATE THORECF, NOTICE MLL SE DMJVEF--r: N City of Delray Beach AccopmANcEWT�iT�m]POUCYPRCVIZ'QNB--30 Days Notice 100 NW I"Avenue AUTHCR Delray Beach,FL 33444 0 1988-2010 ACORD CORPORA'FION. All Agl-ft rasarYed. ACCRO 2�(2UIQIW The ACORID nanw and Icgo am rugistgmd marks of ACORD Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE -7-2.................... .............. v� IMPORTANT It the oUtne�ato J�n.Idw Is ari ADI)MONAL INS ORED, the *cwfiesl mubt be end=ad. A SWOMP-flf on thismtfKmts does not cmfer fighLs tothacerft�ate hofdar�nrlw of audi erldarsa=flqs)� ff SUM"TION IS WAVED, subJect ED W te"s and nf the Polfcyl "naln O�-�es may requim an end6mament A statement on this ceitifkete dces not confer rights to the cet5cate holdar In lieu r)f such ondorserrwnt($�. vISCLAIMER Tho Cvd'ftatA of lmuranw on the revems 510 o(V,6-. form rfoes not WnsWe a COAtract betW8811 the ftsuhg InSuFOr(s). auftdzOd re[lreWtube, or pw&jwr, j3ncI the cartiftare 4older, nor does it affinrnattveiy or riegaUvely amec%d, adE�rw or afler Ete covaMo afrorded by the paticles fiated thereon. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS This endorsement mod1fies Insurance provided Linder The following: COMMFRaAL GENERAL LIABILITY COVERAGE PART A. Seution 11-Who Is An Iftured is amended to This Imurance does not apply t:i� include as an additional insured M pereon or orusnization when you and SLCh pemon 1. Sodily lTj]ury, "property damage' or or organization have agreed in writing in a 'personal and adverti4ing injurycaused, contract or agreement that such person or in whole or in part by the rendering of, Organization tie added as an additional In- or the ftilure to render,any professional sured on your policy, Such person or organ- architectural, engineering, or surveying tzation is an additional insured only wfth services,including: respect to liability caused,In whole or In part, by'your work'performed forthat insured and a. The preparing, approving,or failing included In the 'products-completed oper- to prepare or approve, maps, shop ations*hazard. drawings,opinions,reports,surveys, The coverage afflarded to the Additional In- fleld orders, change orters, or sLired is solely limited to liability specificMly drawing and spevIf'"tions;and resufflng from the conduct of the Named In- sured, which may be imputed in Me Addi- b. Supervisory, inspection, architeo, tional Insured. tural,or engineering activities. B. This endorsement provides no coverage to 2. Willful misconduct of. or for defects; in the AddMonal Insured ibr liability caused,ln design furnished by, the addftlona[ Jr, whole or in part, out of The claimed negligence of the Additional Insired, other sured or Its'employees'. then which may be imputed to the Additional As a condition of coverage,"additional in- Insu d by Artue of the conduct ofthe Named sured shall be obligated to tender the defense I nsured. and IndoinhITY Of every claim or suit to all C. With respect jo the insurance afforded these other insurers that may provide Coverage to additional Insureds, the following additional the additional insured, whether contingent, exclusion appliesz excess or primary, IMIudw Copyfthted Maiuftl Of lnsU�� s.r4_c"..,Im"WN Its CC 70 87 0105 Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE .7.4.................... "SAMPLE" STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this - day of 2015, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3- The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS PAGE NUMBERS Invitation to Bid 0-1 Table of Contents 2 General Conditions,Instructions and Information 3-7 Indemnity/Hold Harmless Agreement 8 Cone of Silence 9 Drug Free Work Place Certification 10 Insurance Requirements 11 Insurance form Samples 12-14 Standard Form of Agreement 15-20 Corporate Acknowledgment 21 Certificate(If Corporation) 22 Surety performance and payment Bond 23 Specifications 24-27 Special Conditions 28-34 Schedule of Pricing 35-39 Professional References 40 Equipment List 41 Check List 42 Bid Signature Form 43 Statement of No Bid 44 Attachment"A" 45 Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Addenda numbers —to inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delfay Beach, FL ioo NW ist Avenue Delray Beach, FL 33444 As to CONTRACTOR: 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 9. In consideration of ten dollars (sio.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by- laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE -.1 7.................... anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. ii. PUBLIC RECORDS LAWS: CONTRACTOR shall comply with all public records laws in accordance with Chapter ug, Fla. Stat. In accordance with state law, CONTRACTOR agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the City. b) Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter ug, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the CONTRACTOR at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment t being made to the CONTRACTOR. Bid No.2015-47 LANDSCAPE MADJENANCE 1-95 INTERCHANGE e) If CONTRACTOR does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 12. INSPECTOR GENERAL: Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested maybe deemed by the City to be a material breach of this Agreement justifying its termination. 13. FORCE MAJEURE: No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. 14. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE ..1 9.................... IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: (Print or type name and title) (Print or type name and title) (SEAL) Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE -2--0.................... CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of , 20_, by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE .2 1.................... CERTIFICATE (If Corporation) STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on 20, the following resolution was duly passed and adopted: "RESOLVED", that as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20. (Secretary) (Seal) Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE .2.2.................... SURETY PERFORMANCE AND PAYMENT BOND Bond No: By this Bond,We as Principal,whose principal business address and phone number are I as Contractor under the contract dated , 20. between Principal and the City of Delray Beach, whose principal address and phone number are for the construction of Project No._ , more particularly described as and located at (hereinafter referred to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and as Surety, whose principal business address and telephone number are the sum of (U.S. dollars) $ , for payment of which we bind ourselves, our heirs, personal representatives,successors,and assigns,jointly and severally. THE CONDITION OF THIS BOND is that Principal: 1. Performs' all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract,including any and all damages for delay;and 2. Promptly makes payments to all claimants, as defined in Section 255-05(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3. Pays City all losses, damages, including damages for delay, expenses, costs and attorney�s fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract;and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void;otherwise it remains in full force. In the event that Principal shall fail to comply fully with,carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's default(s), and having failed to correct such default (s) within a reasonable time , shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any remedy against Surety available to the Obligee including, but not limited to recovery of damages for the Surety's delay. If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (1) year from the date of final acceptance by the City. This Bond does not limit the City's ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship,such actions being subject to the limitations found in Section 95.11(3) (c), Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section255-05(2), Florida Statutes. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Bid No.2015-47 LANDSCAPE MADJENANCE 1-95 D4TERCHANGE ............................... 2-1 CITY OF DELRAY BEACH SPECIFICATIONS BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract 1 PURPOSE: The purpose of this Bid is to establish an open-end Contract to provide the best quality landscape maintenance service available at the most economical price. Service and good workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described therein. 2. NOTICE OF AWARD: It is and shall be understood and agreed that Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview will be considered together with price in the contract award. BIDDERS MUST BID ON ALL ITEMS LISTED WITHIN THE AREA. 3. CONTRACT AREA(S) AND LOCATION: The areas described are intended to include all grass, ground covers, shrubs, trees and palms existing within the Florida Department of transportation right- of-ways at the 1-95 interchanges at Atlantic Avenue, Linton Boulevard and the grass at the base of the overpass at SW 1 oth Street in Delray Beach. These areas generally coincide with areas that are under irrigation (except for 10 th Street) and do not include the landscaped embankments (Sabal Palms, Cocoplum, and Seagrape) nor do they include the large grassed areas within the clover leaf, 'pond retention areas' or along the entire on and off ramps to 1-95. Typically they include the plants and grass 20 feet behind the curbing along the main thoroughfare and a distance of about 200 feet beyond the 'yield' triangles and all shown on the plans east and west of the overpass on Linton Boulevard and Atlantic Avenue. This contract includes three locations as follows: Area #l: Atlantic Avenue/1-95 Interchange and Medians as shown on Sheets LD 16, LD 17, and LD 18, as designed by Rogers and Curtis Design Studio dated November 2003. Area #2: Linton Boulevard/1-95 Interchange and Medians as depicted on Sheets LD 10, LD 11, and LD 12, as designed by Rogers and Curtis Design studios dated November 2003. Areas #3: SW loth Street -Grassed areas on all four corners of the 1-95 underpass, leading up to the base of the embankment. Includes mowing and edging along the sidewalk and litter removal. No plans are included for this location. 4. FIRM PRICE: The City requires a firm price for the Contract period. 5. CONTRACT TERM: Term of contract shall be one (1) year from award of contract, on or about July, 2015 and expiring one year later. The City Manager may renew the contract, at the same terms, conditions, and price(s) for two (2) consecutive terms of one (1) year per paragraph #20 of General Conditions of this bid. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 6. MARKET CONDITIONS: The City reserves the right to purchase on the open market should lower market prices prevail, at which time the seller shall have the option of meeting the lower price or relieve the City of any obligation previously understood. 7. ORDER PLACEMENT: After the award of contract to the successful bidder, the City reserves the right to utilize either of the following order placement methods: (a) Purchase order will be issued to the successful bidder throughout the contract period on an as- needed, when-needed, where-needed basis. Vendor must note the name of person placing order on delivery ticket. Or (b) A blanket (open) purchase order will be issued to successful bidder for the City's anticipated annual dollar volume. Releases for partial delivery of services will be made against said blanket order. Vendor must note name of person placing order on delivery ticket. 8. PERFORMANCE: It is the intention of the City of Delray Beach to purchase landscape maintenance services as specified herein from a source of supply that will give prompt and convenient service. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting Contract immediately upon notice by the City. All laborers must wear orange safety vests and all vehicles parked along the right-of-way must be marked with traffic cones, and "Men Working" signs to be posted when performing any work on medians. All landscape maintenance shall be in full compliance with the State of Florida "Manual of Uniform Standards for Design, Construction and Maintenance for Streets and Highways". 9. PERFORMANCE PROBATION PERIOD: The successful awardee will immediately enter into a three- month probationary period upon contract award. During this time the awardee's performance will be closely scrutinized by City staff. If the awardee's performance fails to consistently meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contract will extend through the expiration date given in this bid. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. 10. ALTERNATES: For purpose of Bid evaluation, Bidder(s) must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the Bid fully complies with the specifications, terms and conditions as stated. 11. BACKGROUND INFORMATION: The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. NOTE: For this bid vendor must attach to his bid an accurate, up-to-date listing of his current maintenance equipment, including brands and model numbers. The City also requires a listing of commercial as well as residential accounts, including main contact person and phone number. This information will be considered in the contract award review. FAILURE TO INCLUDE ALL DATA NOTED ABOVE WITH THE BID MAY ELIMINATE YOUR COMPANY FROM THE BIDDING PROCESS; PRIOR SUBMITTALS WILL NOT BE ACCEPTED. (Note Paragraph 14). City reserves the right to inspect all maintenance equipment prior to contract award and to request your most recent corporate financial statement for review. 12. COMPETENCY OF BIDDERS: Pre-award inspection of the Bidder's facility and/or a personal interview of up to three finalists may be made by designated City personnel prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid Invitation and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time; have sufficient financial support, and equipment and organization, to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well- established company in line with the best business practices in the industry and as determined by the proper authorities of the City. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 13. DEFAULT OF CONTRACT: The City may, by written notice to the successful bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. City shall be sole judge of non-performance. 14. REJECTION OF IRREGULAR PROPOSALS: Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the City as non- responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informalities in any bid and to reject any or all bids. 15. TRANSFER PROHIBITED: The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation, without prior written consent of the City. In the event that the successful Bidder does not hold a commercial pesticide applicators license, the successful bidder may contract with a qualified firm to perform the chemical applications. In this event, the successful Bidder shall notify the City of this intent and PRICES FOR THE WORK MUST BE LISTED IN THE BID. The bidder must extend those services for the duration of the contract for the prices quoted. NOTE: THIS PROHIBITION APPLIES SPECIFICALLY TO MOWING OR EDGING SERVICES. 16. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor will any Contract be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a defaulter as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City. 17. CAPACITY: Vendors must have the capability to perform contracted maintenance on a timely basis and with proper equipment and supervision. Vendor must adhere to maintenance procedures and schedules as set forth in the conditions and specifications. Failure to do so shall result in Contract cancellation. 18. BID QUOTATION SUBMITTALS: All Bids must be submitted on the attached "Bid Form". VENDORS MUST BID ON ALL AREAS. 19. INFORMATION: For information regarding the submission of this Invitation to Bid, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach, at (561) 243-7161. Any technical questions regarding maintenance areas and service listed relative to this bid should contact Tim Simmons, Parks Superintendent, Delray Beach Parks and Recreation Department, at (561) 243-7260. 20. VENDOR SERVICE REPRESENTATIVE: The Bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance service. A contact for both regular work-hours and after-hours, weekends and holidays must be identified. This will become a part of the bid proposal and shall be understood and agreed. 21. BILLING, SCHEDULING AND REPORTS: Vendor shall submit a monthly invoice the first of each month, itemizing all maintenance items performed the previous month. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice noting dates, times and locations of operations. The Delray Beach Parks and Maintenance Department must be notified prior to any change in scheduling within five (5)working days to allow City staff to inspect sites for scheduled maintenance. Written reports must be turned in to the Parks Maintenance Department after each mowing operation on a checklist to be provided to the awarded vendor by the City. The vendor's Federal Identification Number must be noted on the Bid in order for payment to be processed by City. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE .2-.6.................... 22. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 23. ADDITIONAL SERVICES: Page 32 of this Invitation to Bid includes hourly rates for additional services outside the scope of monthly maintenance. Services include sod replacement, tree installation, herbicide, insecticide and fungicide applications and a labor rate for clean-up after a storm event, and other such maintenance. 24. HURRICANE/TROPICAL: Hurricane /Tropical Response should be priced as extra work. If the City designates its own debris site, contractor shall be allowed to dump at this site and deemed an approved contractor with the City of Delray Beach. Contractor should contact Tim Simmons, Parks Maintenance Superintendent, seventy two (72) hours after Hurricane /Tropical storm has passed for certifications of Trucks. 25. WORK PERFORMED: All work performed shall be during the hours of 8:00 A.M. to 4:00 P.M., Monday thru Friday. 26. INSPECTION OF WORK AREAS It is the bidder's responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Bidders are required to inspect areas on their own. Questions regarding the perimeters of these locations may be obtained from Tim Simmons, Parks Superintendent: (561)243-7260. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE SPECIAL CONDITIONS LANDSCAPE MAINTENANCE FUNCTIONS AND TASKS 1.0 TURF CARE: Maintain turf areas in a healthy, growing, green, trim condition by performing the following operations: 1.1 MOWING GENERAL: a. Mowing shall be performed in a workman like manner that insures smooth surface appearance without scalping or leaving any"missed" uncut grass. b. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height adjustment is to me measured from a level floor surface to the parallel and level plane of the mower blades. C. All mower blades are to be sharp enough to cut, rather than to tear grass blades. d. All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or items that may be propelled by mower blades. e. Grass clippings or debris caused by mowing or trimming will be removed from adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. f. Mowing will not be done when weather or conditions will result in damaged turf. 1.2 MOWING SPECIFICS (BAHIA GRASS): a. Bahia Grass shall not be cut to a height below 3 inches. b. Grass shall be mowed once a week March 1st through November 1st and every other week th between November 1 st to February 28 C. Litter such as plastics, glass and paper must be picked up prior to mowing operations. 2.0 EDGING: Edging shall be performed to coincide with mowing operations. 3.0 WEED CONTROL: "Landscape Maintenance Weed Control" a. Weeds are to be manually or mechanically removed from shrub, hedge, ground cover or flowerbeds every other mowing cycle, at a minimum of twice a month. b. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has translocated to the roots if they are large enough to be a visual eyesore. C. A granular pre-emergent herbicide shall be applied in shrub beds, twice a year, prior to mulching in March and October. The use of round-up or similar systemic herbicides is not acceptable in bedding area or hedge lines. d. Contractor may use contact herbicides for spot killing of weeds. e. Contractor responsible for keeping all areas weed-free at all times. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 7-8.................... 4.0 PRUNING: 1. General Pruning Operations: a. Each tree and shrub shall be pruned, in accordance with ANSI A300 Pruning and ANSI Z133.1- 2000 guidelines, to preserve the natural character of the plant in the manner fitting its use in the landscape design. b. Pruning cuts shall be accomplished leaving no stub cuts, flush cuts, rips and tears, or straight cuts. Cuts shall be made back to a node or point of origin. All plant material removed during the pruning operation shall be cut off cleanly. c. All dead, dying, broken, and or diseased plant material shall be removed as needed, by thinning out and shortening branches. Branches that protrude over walkways, grow through fences and obscure roadway visibility shall be removed as needed, as well as all root suckers and water sprouts. d. Do not treat cut surfaces with commercial tree paint. e. Site distance must be maintained at all times. Any plant material that obscures roadway visibility must be pruned within 24 hrs of notification at no additional cost. f. All walks, pavements and roadways shall be swept or blown clean upon completion of the work. Under no circumstances is debris to go into roadways or walkways. g. Tree and Palm pruning shall only be performed by an I.S.A. Certified Arborist. 2. Tree Maintenance: a. Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged, dead, crossing branches, obstruction or aesthetics is needed. Trees must be trimmed to provide clearance of no less than ten (10)feet at all times. b. Flowering trees are to be pruned only after their bloom cycles are complete. 3. Palm Maintenance: a. Remove and dispose of off-site all inflourescences, and dead or damaged fronds; invading vines and weeds in boots or on trunk shall also be removed. Frond boots are to be removed consistent with previous pruning cuts to ensure uniformity in appearance. Unless specifically authorized by the Horticulturist/ Arborist or Contract Maintenance Supervisor, removals shall not exceed 9:00 a.m. to 3:00 p.m. This is to be performed for all palms throughout the contract area. Timing for inflourescence removal will vary by species; some will require year-round removals, others will be seasonal. Service will be billed monthly for inflourescensce removal as needed. SPECIAL NOTE: All debris, limbs and fronds will be picked up the same day of pruning. Failure to pick up debris will result in a $50.00 Per day fault fee, as long as debris remains. Note: ALL pruning to be performed by International Society of Arboriculture Certified Arborist ONLY. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 4. Pruning Tools and Equipment: a. All tools, equipment and labor are to be furnished by the contractor. b. All tools are to be clean, sharp and in good repair. Extra tools are to be on hand to supplement tools that become dull, break or may transmit disease. Tools that cut, rip or tear plant material will not be allowed. c. Tools are to be appropriate to the pruning activity. Tools shall include but not be limited to hand pruners, loppers, handsaws, power hedge shears and pole pruners. d. Contractor to carry a disinfectant agent to disinfect tools so as not to infect healthy species with pathogens transmitted by infected tools. Tools are to be cleaned after pruning each individual tree or palm. e. Tools and Equipment are subject to inspection prior to and during a pruning activity. The City reserves the right to stop any activity that jeopardizes the health of the designated plant material. 5.0 LITTER AND DEBRIS CONTROL: a. Litter removal from turf areas and plant beds and designated R.O.W. areas shall be complete prior to each mowing operation in the same day, and shall be done five (5) days a week — Monday thru Friday. Clean-up must be completed BEFORE 11:00 A.M.. b. Litter to be removed includes paper, glass, trash, undesirable materials or debris (unauthorized paper signs), deposited or blown onto the sites. Palm fronds and tree limbs will also be removed each mowing operation. C. Litter is to be removed entirely from the sites and disposed of in accordance with City Ordinances. Note: Failure to pick up will result in a $50.00 a day fault fee, as long as debris remains. This will be determined by City Designee. 6.0 IRRIGATION: a. Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his cost. All systems shall be inspected weekly by City personnel. Cost of replacement will be charged to maintenance contractor and performed by the City irrigation maintenance crews. 7.0 CHEMICAL PEST CONTROL: a. Turf Insecticide Program on St. Augustine and Bahia Turf will receive preventative applications of insecticide as outlined in schedule #1 and #2 attached herein. After initial applications, insect control will be by identification of target insect and treated on an as needed basis upon City authorization. b. Shrub, Tree, Groundcover Insect Control shall be for specific insects identified as problematic and treated as needed upon City authorization. Some specific insects to be controlled are aphids, scale and grasshoppers. C. Disease Control in turf and shrub areas will be by identification and diagnosis and application of appropriate fungicide or bactericide as needed upon authorization of the City. d. Bahia Weed & Feed Application Weed and Feed shall be applied to Bahia areas in early March and early October with a slow release, high analysis fertilizer containing micronutrients and herbicide 21-0-11 compatible with Bahia sod. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE e. Shade Trees: Some of the trees are contained within shrub beds that will receive fertilizer along with shrubs. Other shall be fertilized in March and September with an 8-10-10 or 8-2-12. f. Palm Tree Fertilization : are contained within shrub beds that will receive fertilizer. 9. Shrub and Groundcover Fertilization shall be fertilized in April and September with 8-8-8 with microelements at the rate of3/4pound of fertilizer per 100 sq. ft. of shrub area. 8.0 GENERAL USE OF CHEMICALS: a. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators' license. Application shall be in strict accordance with all governing regulations. b. A listing of proposed chemicals to include commercial name, application rates and type of usage shall be submitted to the Project Manager for approval at the beginning of the Contract. All proposed chemicals shall be approved by Florida Department of Agriculture. No work shall begin until written approval of use is obtained from the Parks and Recreation Director. C. Chemicals shall only be applied by or under the supervision of those persons possessing a valid Florida Certified Pesticide Applicators' license. Applications shall be in strict accordance with all governing regulations. d. Records must be kept and retained as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chemical formulations, applicator's names and weather conditions. A copy shall be given to the City each billing. e. Chemicals shall be applied when air currents are still and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the project. f. Any soil, sod or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsible contractor. 9.0 MULCH Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds three times a year in March, July and November. A granular pre-emergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. 10.0 LITTER CONTROL Litter control including the removal of plastic, glass and paper debris shall be performed a minimum five (5) days a week in addition to the day of mowing operations. Litter control will be completed before 11:00 A.M. 11.0 REPLACEMENTS City shall replace any landscape, irrigation, or structures damaged by maintenance operations or due to neglect to perform these specifications and charge cost to maintenance contractor. (Contractor will be notified prior to replacement of repair by City designee.) Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 12.0 DAMAGES Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact City designee within 24 hours of such repairs). 13.0 REPORTS The Contractor shall provide a checklist filled out and returned to the Parks and Recreation Department after each maintenance operation. All maintenance operations and the date they were performed shall be noted, and any reports of damages shall be described. No payments will be made unless all reports are provided. 14.0 PAYMENT Invoices shall be submitted on a monthly basis for services performed. All areas shall be inspected upon receipt of invoice and any deficiencies shall be brought to the attention of the Contractor. Deficiencies shall be corrected or addressed prior to the submittal of invoice for payment. On-site inspections shall be made with city Representative after the first month and at quarterly intervals. 15.0 GENERAL No maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the Parks and Recreation Department Director. Work shall be performed between the hours of 8:00 a.m. and 4:00 p.m. Failure to respond to requests by City within 24 hours due to inadequate maintenance procedures, litter, limbs and other debris not removed will result in $50.00 a day deduction from the following payment application. Special attention will be given to specified areas prior to national holidays & special events to ensure that the City is at its best during these times. Contractor will check area two days prior to holiday and Special Events and verify that maintenance has been properly performed. 16.0. QUALIFICATION OF BIDDERS: This bid shall be awarded only to a responsible bidder, qualified to provide the work specified. The bidder should submit the following information with their proposal. Bidder may fill out all requested information. Failure to submit the following requested information may result in bidder's bid being considered non-responsive. A. Minimum of three (3)references that list a brief description of same type of work with similar requirements for area(s)of similar size or larger, satisfactorily completed with dates of continuous service or contract period, location, names, addresses and phone numbers of owners. Bidders must only indicate references they have worked with a minimum of one (1)year. References identified must be for Bidders Firm (Not Individuals), as identified on "Bidders Certification"form. (Bidders shall understand that"same type of work with similar requirements for area(s)of similar size or larger", shall mean that 1) Bidder shall list a minimum of three references for each of the following tasks mowing, blowing, weed eating/edging, chemical and/or fertilization application, mulching, pruning, weed removal and litter control. A different reference may apply for each task. Bidder may copy reference form provided in bid as needed to list additional references. 2) References provided shall show similar requirements (not of exact same specification and frequency)to that referenced in the bid. 3) References provided shall have worked with bidder for a minimum of one one (1)year. 4) References provided shall be of similar size properties/square footage). Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE B. Bidder to List equipment to be used. The equipment list shall be up-to-date and include brands and model numbers. C. Bidder to provide physical address of where vendor stores equipment(i.e. Trucks, Mowers, Lawn Equipment, etc.). D. Bidder shall have a primary phone line during regular work hours from Monday through Friday between 7:00 a.m. — 5:00 p.m. Bidder to indicate the primary phone number. E. Bidder shall provide the name(s) and phone numbers (Office and Cell Numbers) of designated staff that can be contacted between 7:00 a.m. — 5:00 p.m., after-hours, weekends and holidays. F. Bidder shall provide a working fax number during regular work hours from Monday through Friday between 7:00 a.m. — 5:00 p.m. Bidder to indicate working fax number during regular work hours. 17.0 COMPETENCY OF BIDDERS: Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance for a sufficient fleet of equipment to insure that they can satisfactorily execute the services under the terms and conditions stated herein in accordance with all local, state and county laws and ordinances. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 18.0 BACKGROUND INFORMATION: -The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of his/her qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience)with the City. 19.0 REFERENCES: As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. *City is the sole judge in determining Bidders qualifications. 20.0 ADDITIONAL LICENSES: In addition to General Condition, the following license is required. Florida Certified Pesticide Applicators License to perform Chemical Pest Control Services held by Contractor or Subcontractor responsible for all pesticide applications. Bidder must submit a copy of Contractor or Subcontractors valid Florida Certified Pesticide Applicator's License with bid submittal. International Society of Arboriculture Certification. If Subcontractor is performing pesticide application, Bidder to provide a copy of Subcontractor's Palm Beach Occupational License. 21.0 SUBCONTRACTING: Subcontracting is permitted for the following- services ONLY: Pruning Trees & Palms; Chemical Pest Control. If bidders are subcontracting, they must include with their bid response in writing on the attached form or as a separate attachment subcontractor's information as follows; name, address and extent of work to be performed that may be provided by Subcontractor. The City of Delray Beach reserves the right to reject bidder's use of any subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contract of a similar nature, or who is not in a position to perform properly under this award. Changing subcontractors throughout the course of the contract is prohibited, unless changes are approved by the using department and Purchasing. The City reserves the right to reject any request to change subcontractors. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 22.0 PRE-AWARD CONFERENCE: The City may hold a Pre-Award Conference at a time and place to be designated. The lowest and most responsive bidder shall be prepared to discuss with the City the manner in which he proposes to conduct his work in compliance with all Contract requirements. The lowest and most responsive bidder shall supply to the Project Manager at this meeting, or when otherwise requested, pertinent information to substantiate that: A. Bidder maintains a permanent place of business; B. Bidder has adequate location/facility and equipment to do the work properly and expeditiously; C. Bidder has adequate type and number of employees and supervisors in place to properly execute services under contract. D. Bidder has suitable financial resources to meet the obligations of the work as they come due; E. Bidder has a minimum of one year appropriate substantial, successful contractual and technical experience in similar work; F. Bidder will perform all work with his own organization, exception is Pruning Trees & Palms and/or Chemical Pest Control as allowed by subcontractor. G. The subcontractors proposed for use are qualified to perform the work. A listing of proposed subcontractors must be submitted to the City for approval. The City reserves the right to disapprove of proposed subcontractors that are found to be unqualified. In addition, the lowest and most responsive Bidder shall produce satisfactory evidence that he and all subcontractors he proposes to use hold applicable valid state, county and local licenses or certificates of competency covering all operations and all requirements of agencies or boards having jurisdiction over the work of this Contract; H. Bidder must provide to the City, at this time, any additional copies of all pertinent licenses, certificates of competency, etc. that have not been previously submitted. Bidders shall not supply false, inaccurate, misleading, or exaggerated information as such shall cause the Bidder to be disqualified from consideration for award. 1. The bidders assigned project manager for this project shall be present at the meeting. J. Review bidders' ability to perform work within the time constraints and scheduled dates. 23.0 METHOD OF AWARD: The City is the sole judge in evaluation considerations. Bids will be evaluated and awarded to the most responsive and responsible bidder licensed and qualified by experience to do the work specified herein on an all or none basis to a single vendor. Successful Bidder awarded shall ensure proper staff, equipment, organization, etc. will be provided for this contract to meet all specifications denoted herein at a paramount level. Bidder's past performance with the City may be used in the evaluation process in determining recommendation for award. Bidders must bid on all items noted. Incomplete bids will not be accepted. Bidders are responsible for checking their calculations. Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE SCHEDULE OF PRICING AREA #i -ATLANTIC AVENUE 1-95 EXCHANGE BID No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract Bidder must bid on all items to be considered. Failure to bid all items shall cause bidder's bid to be considered non-responsiv Bidder should NOT reference the words "No Charge", "N/C", "Included", etc. on any of the line items of this form.Failure to identify a monetary amount for each line item may cause bidder's bid response to be considered non responsive and rejected. Est'd Qty Per Item Description Year Unit Price Total Price I TURF MAINTENANCE Turf Care Mowing Grass (31,000 S.F.) 44 $ $ Edging&�L.F.� 44 $ $ Litter Control (Five (5)days per week-aside from mowing) 260 $ 11 FERTILIZERS AND CHEMICALS Fertilization Weed & Feed (per application) Bahia-21-011 March/October 2 $ $ Shrubs and Shade Tree (per application) 10-10-10 w/micros 50,000 S.F.-Trees &Palms are 2 $ $ contained within shrub beds. . April/September Granular Pre-emergent Herbicide 50,000 S.F—Apply prior to Mulching 3 $ $ III MULCH SUPPLY& INSTALLATION Mulch Supply &Application Contractor to supply mulch and perform application 2" 300 C.Y. per application March/July/November 3 $ $ IV PRUNING &WEED CONTROL Palm Pruning — 14 Foxtail Palms (Annual Lump Sum) Check & Removal of Dead Fronds As Needed 1 $ $ Shrub/Hedge Pruning—Approx. 45,000 S.F One (1) time per month 12 $ $ Weed Control— In Shrub Beds Approx. 50,000 S.F. 22 $ $ LAREA#1 Atlantic Avenue SUB-TOTAL $ Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE SCHEDULE OF PRICING AREA #2 -LINTON BLVD. 1-95 EXCHANGE BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract Bidder must bid on all items to be considered. Failure to bid all items shall cause bidder's bid to be considered non-responsiv Bidder should NOT reference the words "No Charge", "N/C", "Included", etc.on any of the line items of this form.Failure to identify a monetary amount for each line item may cause bidder's bid response to be considered non responsive and rejected. Est'd Qty Per Item Description Year Unit Price Total Price I TURF MAINTENANCE Turf Care Mowing Grass (86,000 S.F.) 44 $ $ Edging LL2QQ L.F.1 44 $ $ Litter Control (Five (5)days per week-aside from mowing) 260 $ 11 FERTILIZERS AND CHEMICALS Fertilization Weed & Feed (per application) Bahia 21-0-11 March/October 2 $ $ Shrubs and Shade Tree (per application) 10-10-10 w/micros 25,000 S.F.-Trees&Palms are 2 $ $ contained within shrub beds. . April/September Granular Pre-emergent Herbicide 25,000 S.F—Apply prior to Mulching 3 $ $ III MULCH SUPPLY& INSTALLATION Mulch Supply &Application Contractor to supply mulch and perform application 2" 150 C.Y. per application March/July/November 3 $ $ IV PRUNING &WEED CONTROL Palm Pruning— 13 Montgomery/30 Trinax (Annual Lump Sum)Check & Removal of Dead Fronds As Needed 1 $ $ Shrub/Hedge Pruning—Approx. 45,000 S.F One (1) time per month 12 $ $ Weed Control— In Shrub Beds Approx. 25,000 S.F. 22 $ $ LAREA#2 Linton Blvd. SUB-TOTAL $ Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE .3-.6.................... SCHEDULE OF PRICING AREA # 3 -SW ioth UNDERPASS BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract Bidder must bid on all items to be considered. Failure to bid all items shall cause bidder's bid to be considered non-responsiv Bidder should NOT reference the words "No Charge", "N/C", "Included", etc.on any of the line items of this form.Failure to identify a monetary amount for each line item may cause bidder's bid response to be considered non responsive and rejected. Est'd Qty Per Item Description Year Unit Price Total Price I TURF MAINTENANCE Turf Care Mowing Grass (5,000 S.F.) 44 $ $ Edging JZ42L.F_.J 44 $ $ Litter Control (Five (5)days per week-aside from mowing) 260 $ $ EAREA#3 SW 10 TI OVERPASS SUB-TOTAL $ Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE SCHEDULE OF PRICING TOTAL BID PRICE BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract ITEM DESCRIPTION PRICE AREA#1 -ATLANTIC AVENUE $ AREA#2 -LINTON BOULEVARD $ AREA#3 - SW 1 OTI STREET UNDERPASS $ TOTAL BID PRICE ALL AREAS $ Valid Florida Certified Pesticide Applicator's License- El YES El NO Federal I.D. #- -- A. BID INFORMATION WAS OBTAINED FROM: F-1 DemandStar El Newspaper Ad 0 City Hall F-1 Email F-1 Other, please specify: Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE SCHEDULE OF PRICING ADDITIONAL WORK BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract Bidder must bid on all items to be considered. Failure to bid all items shall cause bidder's bid to be considered non-responsiv Bidder should NOT reference the words "No Charge", "N/C", "Included", etc. on any of the line items of this form.Failure to identify a monetary amount for each line item may cause bidder's bid response to be considered non responsive and rejected. OPTIONS - the following will be utilized at the discretion of the City of Delray Description Price Sod Replacement includes, Bahia Sod & labor (Sq. Ft. price) $ per sq. ft. Plant & Tree Installation (Sq. Ft. price) $ / per hr./per man Fertilizing (labor per hour I per man) $ / per hr./per man Addition Pest Control (50 -gallon application) $ / Insecticide/per gallon Addition Pest Control (50 pound application) $ / Insecticide/per pound Fire Ant Control (labor per hour/per man) $ / per hr./per man Storm/H urricane Clean-up ( per hour I per man) $ / per hr./per man Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE PROFESSIONAL REFERENCES BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract *Please complete this page or attach your reference page to this sheet. Agency/Company Address City, State,Zip Contact Person Telephone Date(s)of Service Type of Service Comments: Agency/Company Address City, State,Zip Contact Person Telephone Date(s)of Service Type of Service Comments: Agency/Company Address City, State,Zip Contact Person Telephone Date(s)of Service Type of Service Comments: Contractors Name: Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE -4--0.................... EQUIPMENT LIST BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract *Please complete this page or attach your equipment list to this sheet. Equipment Description Year Make Model Contractor's Name Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE CITY OF DELRAY CHECK LIST BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract • YES 0 NO Chech List Form • YES 0 NO Bid Signature Form • YES 0 NO Schedule of Pricing (chech for accuracy) • YES 0 NO Addenda AchnovAedgement(if any) • YES 0 NO Surety Indemnity/ Hold Harmless Agreement • YES 0 NO Cone of Silence • YES 0 NO Proof of Insurance(including Worher's Comp&Auto) • YES 0 NO List of Equipment • YES 0 NO Drug Free Worhplace Certification • YES 0 NO References • YES 0 NO Business Tax Receipts • YES 0 NO Pesticide Applicators License • YES 0 NO Subcontractor Information (if any) • YES 0 NO Statement of No Bid — (if not responding to this request) Vendor Name: Thank you for your interest in the City of Delray Beach Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE .4.2.................... CITY OF DELRAY BID SIGNATURE FORM BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. NAME OF BIDDER Narne as registered with their State of origin BUSINESS STREET ADDRESS �, P.O.Box address not pertnitted CITY,STATE,ZIP CODE MAILING ADDRESS: F-1 Check if same as Business address above. BUSINESS MAILING ADDRESS CITY,STATE,ZIP CODE AUTHORIZED SIGNATURE(Written) PRINT NAME TITLE (of person signing fonn) DATE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE / CELL NUMBER FAX ENIAIL ADDRESS Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE CITY OF DELRAY STATEMENT OF "NO" BID BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract PLEASE AFFIX SIGNATURE WHERE INDICATED If you are not bidding on this service or commodity,please complete and return this form via fax(561)243-7166 or email(dowdell(d)rnydelraybeach.corn VENDORNAME BUSINESS ADDRESS CITY,STATE,ZIP CODE CONTACT NUMBER SIGNATURE DATE Minority Owned Business: [:] Black [:] Hispanic El Woman [:] Other We,the undersigned have declined to bid on Bid No.2015-47 due to the following reason(s). Please indicate below with an"X": Specificatio s too"tight", i.e.,geared toward brand or manufacturer only(explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product chedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specificatio s unclear(explain below) Other(speci below) REMARKS/OTHER Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE CITY OF DELRAY ATTACHMENTS BID No. 2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE Annual Contract Prior Tab Sheet Bid No.2015-47 LANDSCAPE MAINTENANCE 1-95 INTERCHANGE 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 [Z] 36.03(A) $25,000 and above (4) Speciality Good E] 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Yes 0 No Proposed Effective Date: Contract Term: F Comments and Notes: Bid Award 2015-47 Landscape maintenance MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks &Recreation Department THROUGH: Mr. Donald Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 8.1-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 INTERLOCAL AGREEMENT WITH COMMUNITY REDEVELOPMENT AGENCY(CRA) FOR FUNDING/REPLACEMENT SOD AT OLD SCHOOL SQUARE PARK BACKGROUND The Commission approved Bid No. 2015-40 on June 2, 2015 to Odum's Sod for 20,000 square feet of Celebration Sod at the price of$7,100. Old Square Park is within the CRA District and leased to the CRA to conduct the Delray Beach GreenMarket annually from October through May. The GreenMarket and other activities cause damage to the sod located within Old School Square Park and due to the additional activity, the CRA and the City have in past years agreed to share the cost to replace the sod at Old School Square Park. This agreement is consistent with CRA's Redevelopment Plan and previous Interlocal Agreements between the City and the CRA. FINANCIAL DEPARTMENT REVIEW DISCUSSION The Interlocal Agreement between the City and the CRA presented here is for the replacement of the sod at Old School Square Park in an amount not to exceed $7,100. The term of this Agreement shall commence upon approval by the City Commission and shall extend until September 30, 2015. This Agreement was drafted by the CRA and approved by their Board Chair, Herman Stevens on May 14th, 2015. OPERATING COST Old School Square park is maintained by Parks Maintenance. The annual maintenance operating cost is included in the Parks Maintenance budget. TIMING OF THE REQUEST This request is time sensitive, as the sod replacement needs to take place before the expiration of this Agreement. FUNDING SOURCE CRA will provide an amount not to exceed $7,100 to share in the replacement cost of the sod at Old School Square Park. RECOMMENDATION Motion to authorize the City Manager to sign the Interlocal Agreement Between the City of Delray Beach and the Delray Beach Community Redevelopment Agency to Provide for Funding for the replacement of the sod at Old School Square Park. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FUNDING FOR THE REPLACEMENT OF THE SOD AT OLD SCHOOL SQUARE PARK THIS AGREEMENT is made this day of_, 2015 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). W I T N E S S E T H: WHEREAS, the CITY owns and maintains the Old School Square Park, which is located in the CRA's redevelopment area; and, WHEREAS, the CRA operates the Delray Beach GreenMarket, an economic development activity, to generate pedestrian and business activity in Downtown Delray Beach, and relocated the GreenMarket to Old School Square Park in 2012; and, WHEREAS, the CRA leases Old School Square Park from the CITY to conduct the Delray Beach GreenMarket annually from October through May; and, WHEREAS, the use of the Old School Square Park by the GreenMarket and other events and activities cause damage to the sod located within Old School Square Park, and, WHEREAS, due to the additional activity at Old School Square Park, the CRA and City agree to share the cost to replace the sod at Old School Square Park; and, WHEREAS, the areas referred to in this Agreement are located in the CRA's Community Redevelopment Area; and, WHEREAS, this Agreement is consistent with the CRA's Redevelopment Plan, and serves both a municipal and public purpose. 100076388.1 655-0600190 1 NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1 The recitations set forth above are hereby incorporated herein. 2. The CRA shall pay the CITY an amount not to exceed Seven Thousand One Hundred and 00/100 Dollars ($7,100.00) to cover the cost for the replacement of the Celebration sod at Old School Square Park. The funds shall be used to pay the actual cost to replace the sod, and the CRA shall pay the funds to the CITY no later than thirty (30) days following the CRA's receipt of an invoice from the CITY evidencing the completed installation of the sod at Old School Square Park. 3. The term of this Agreement shall commence upon approval by the City Commission and shall extend until September 30, 2015. This Agreement may be amended upon the consent of both parties. Either party may cancel this Agreement upon written notice to the other party at least thirty (30) days prior to cancellation. 4. Public Records. CITY and CRA are public agencies subject to Chapter 119, Fla. Stat. The CITY and CRA shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, CITY and CRA each agree to: 4.1 Keep and maintain all records that ordinarily and necessarily would be required by the CITY and CRA. 4.2 Provide the public with access to public records on the same terms and conditions that the CITY and CRA would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law, (00076388.1653 0600180 2 4.4 Meet all requirements for retaining public records in possession of the CITY and CRA at the termination of the Agreement. 4.5 If either party does not comply with this section, the non- breaching party may enforce the contract provisions in accordance with the contract and may unilaterally cancel this Agreement in accordance with state law. 5. INSPECTOR GENERAL. The CITY and CRA is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from the parties and its sub licensees and lower tier sub licensees. The CITY and CRA understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the any party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed a material breach of this Agreement justifying its termination. 6. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 7. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 8. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no.force and effect upon the validity of any other part of portion hereof. 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. J00076388 1655-0600190 3 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 11. This Agreement shall not be valid until signed by the City Manager and the City Clerk. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Donald Cooper, City Manager Approved as to Form: City Attorney ATTEST: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By. J rcl^ _T_ efr�upoafro, ��e' cutive birector Herman Stevens, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing ins ment was ac owledged before�_qe thi day of 2015, 01c, as' ev ML , iw&o (nanie ot or agent, title of officer or agent), of 7� (name of corporation acknowledging), a ." �� I (state or place of incorporation) corporation, on behalf of the corpora-tion. He/She is -personally now or has produced (type of identification) as identification. .f Susan B. Shaw Notary Public — State of Florida A " .'�KF A-M-CommimiDOFF070388 Expires:Nov 13,2017 www.Aa0NNoTARycom fG0076388,1 655-0600180 4 MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director, Parks &Recreation THROUGH: Donald B. Cooper, City Manager DATE: June 5, 2015 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF JUNE 16,2015 AMENDMENT NO.3 TO TENNIS MANAGEMENT AGREEMENT WITH DUBIN AND ASSOCIATES,INC./MUNICIPAL TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB BACKGROUND Staff recommends approval of: Amendment 3 to the Agreement between the City of Delray Beach and Dubin & Associates for the Management of the Municipal Tennis Center and Delray Beach Swim and Tennis Club. The original agreement provides for monthly reimbursement for payroll related expenses. Since the inception of the original agreement, the City has been providing reimbursement on a biweekly basis. This amendment amends the requirement of the original agreement to coincide with historic application. The City is also adding the following clauses: Audit rights and retention of records Public Records Inspector General OPERATING COST There is no financial impact of the amendment. RECOMMENDATION Staff recommends approval of: Amendment 3 to the Agreement between the City of Delray Beach and Dubin & Associates for the Management of the Municipal Tennis Center and Delray Beach Swim and Tennis Club. AMENDMENT NO. 3 TO THE MUNICIPAL TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB MANAGEMENT AGREEMENT DATED OCTOBER 1, 2004 THIS AMENDMENT NO. 3 to the Municipal Tennis Center and Delray Swim and Tennis Club Management Agreement is made this -day of 2015, by and between the CITY OF DELRAY BEACH, a Flonida municipal corporation ("City"), and DUBIN &ASSOCIATES, INC., a Flonida corpom6on ("Company"). WITNESSETH: WHEREAS, the City and Company currently have an Agreement for Management Services at the Municipal Tennis Center and Delray Swim and Tennis Club dated October 1, 2004 and amended August 15, 2008 and August 1, 2011 that will expire on September 30, 2016; WHEREAS, the parties desire to amend the Agreement to allow the payment by the City of Company's payroll costs on a bi-weekly basis, to require the submission of documenta6on to justify City's payment of Company's expenses, and to provide the City with the right and opportunity to audit books, records, and accounts of Company and its subcontractors; and WHEREAS, the par6es further desire to amend the Agreement to include provisions regarding Flonida's public records laws and the Inspector General of Palm Beach County. NOW, THEREFORE, for good and valuable considem6on, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The parties represent that the above recitals are true and correct and are hereby incorporated as if fully set forth herein. 2. Reimburseables. Paragraph 7 of the Agreement is hereby amended to read as follows: Reimburseables. The City shall accept and pay the actual cost of reimburseables as follows: (a) Payroll costs for Company's employees who are working full-6me or part-6me at the Oniginal and Addi6onal Sites. The payment of such payroll costs is subject to the City Manager's or his designee's pnior approval, and only such approved costs shall be paid. Notwithstanding an):thing to the contraL� provided in this sec6on, the City agrees to 12a): the aforemen6oned 12a�:roll costs on a bi-weekl�: basis direcfl�: to Company via wire transfer, as o1212osed to providing a reimbursement to Company, as long as Company provides the City with sufficient documentation as descri'bed below to determine the veracij�: or legi6mac): of such 12Uroll costs. Should the Cit .determine that there is a deficienc�: in said documentation or that 12a�:ment of 12a�:roll costs is not justified, the City ma): withhold or offset an�: future 12a):ment(s) for 12a3:roll costs in an amount equal to the value of the deficienc):, within the sole discre6on of the Cij�: Manager or his designee. The City agrees to provide 12a�:ment bi-weekl�: as referenced above b�: 5:00 PM on the date that documenta6on jus6f i ven to the ):ing the 12a):roll costs s gi CiIy b): Company, provided that such documentation must be delivered to the City no later than 12:00 PM on said date; (b) All insurance premiums as required under paragraph 14 of this agreement; (c) Pre-approved travel expenses; (d) Mileage at the current City rate per mile; (e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket expenses. Company shall itemize all expenses and submit receipts to show proof thereof. Such expenses shall be billed by Company at cost on a monthly basis. Contemporaneous with its submission of receipts as referenced above, Company must provide the City with sufficient documenta6on as is reasonabl�: necessa!:� in the opinion of the City, and such further .documentation as requested b): the Ci1y. to determine the veracij�: o legi6mac): of Company's request for reimbursement. Should the Cit .determine that there is a deficienc�: in said documentation or that reimbursement is not justified, the City ma): withhold or offset an 12a):ment(s) to Company in an amount equal to the value of the deficienc):, within the sole discre6on of the Cij�:Manager or his designee. 3. Audit Rights and Retention of Records. Paragraph 28 of the Agreement is hereby created to read as follows: Audit Rights and Retention of Records. The CiIy shall have the right to .audit the books, records, and accounts of company and its subcontractors that are related to this agEeement. Company and its subcontractors shall keep such books, records, and accounts as ma3� be necessaLy in order to records complete and correct entries related to this agreement. All books, records, and accounts of Company 'and its subcontractors shall be kept in written form, or in a form capable o conversion into wn'tten form within a reasonable time, and upon re�uest to do so. Company or its subcontractor, as applicable, shall make same available at no cost to the CijY in written form. Company and its subcontractors shall preserve and make available, a reasonable times for examination and audi�b3� the CiM all financial records, supporting documents, statistical records, and an): other documents pertinen to this agreement for the required retention 12eriQd of the Flori'da Public Records Act, Chapter 119, Fla. Stat., if applicable, or, if the Flori'da Public Records Act is not applicable, for a minimum of three (3) �:ears after termination of this agEeement. If an): audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) �:ears, whichever is longer, the books, records, and accounts shall be .retained until resolution of the audit findings. An�: incomplete or incorrect enj!:): in such books, records, and accounts shall be a basis for the 013Ls .disallowance and recoveL�of an):12a):ment upon such enjL�. Company shall ensure that the requirements of this section are included in all agreements with its subcontractor(s). 4. Public Records. Paragraph 29 of the Agreement is hereby created to read as follows: Public Records. Ci1y is a public agenc3� subject to Chapter 119, Fla. Stat. Company shall compl3� with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance-with state law, Company agrees to: (a) Keep and maintain all records-that ordinaril3� and necessaril3� would be required b3�the City. (b) Provide the public with access to public records on the same terms and .conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided b):law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. Meet all requirements for retaining public records and transfer, at no cost. to the Ci1y all records in possession of the Company at the termination of the contract and destro3� an3� public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronicall): must be provided to the Cijy in a format that is compatible with the information technoloa s�:stems of the Ci1y. All records shall be transferred to the City 12rior to final 12a):ment being made to the Company. (e) If Company does not compl):with this section, the City shall enforce the contract provisions in accordance with the contract and ma): unilaterally .cancel this contract in accordance with state law. 5. Inspector General. Paragraph 30 of the Agreement is hereby created to read as follows: Inspector General. Company is aware that the Inspector General of Palm Beach Count� has the authorit� to investigate and audit matters relating to the negotiation and performance of-this contract, nd ma): demand and .obtain records and testimon): from Company and its sub licensees and lower tier sub licensees. Company understands and agrees that in addition to all other remedies and conse�uences provided b�: law, the failure of Compa .or its sub licensee or lower tier sub licensees to full�: cooperate with the Inspector General when requested mU be deemed b): the City to be a material breach of this agreement justif 1 ion. .):ing its term'nat' 6. Effective Date of Amendment No. 3 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be duly executed this -day of 2015. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: Dubin & Associates, Inc., a Flonida corporation By: (Print or type name) (print name and title) (Print or type name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this — day of 2015 by (name of officer or agent, title of officer or agent) of Dubin & Associates, Inc., a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public-State of Flonida MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, CPRFP, Parks and Recreation Director THROUGH: Donald B. Cooper, City Manager DATE: June 5, 2015 SUBJECT: AGENDA ITEM 8.L.-REGULAR COMMISSION MEETING OF JUNE 16,2015 AMENDMENT NO.3 TO MANAGEMENT AGREEMENT WITH BJCE,INC./MUNICIPAL GOLF CLUB AND LAKEVIEW GOLF CLUB BACKGROUND Staff recommends approval of: * Amendment 3 to the Agreement between the City of Delray Beach and BJCE, Inc. for Management of the Municipal Golf Club and Lakeview Golf Club. The original agreement provides for monthly reimbursement for payroll related expenses. Since inception of the original agreement, the City has been providing payroll reimbursement on a biweekly basis. This amendment amends the requirement in the original agreement to coincide with historic application. The City also is adding the following clauses: Audit rights and retention of records Public Records Inspector General OPERATING COST There is no financial impact of the amendments. RECOMMENDATION Staff recommends approval of: * Amendment 3 to the Agreement between the City of Delray Beach and BJCE, Inc. for Management of the Municipal Golf Club and Lakeview Golf Club. AMENDMENT NO. 3 TO THE MUNICIPAL GOLF CLUB AND LAKEVIEW GOLF CLUB MANAGEMENT AGREEMENT DATED OCTOBER 1, 2004 THIS AMENDMENT NO. 3 to the Municipal Golf Club and Lakeview Golf Club Management Agreement is made this -day of 2015, by and between the CITY OF DELRAY BEACH, a Flonida municipal corpom6on ("City"), and BJCE, Inc., a Flonida corpom6on ("Company"). WITNESSETH: WHEREAS, the City and Company currently have an Agreement for Management Services at the Municipal Golf Club and Lakeview Golf Club dated October 1, 2004 and amended August 15, 2008 and August 1, 2011 that will expire on September 30, 2016; WHEREAS, the parties desire to amend the Agreement to allow the payment by the City of Company's payroll costs on a bi-weekly basis, to require the submission of documenta6on to justify City's payment of Company's expenses, and to provide the City with the right and opportunity to audit books, records, and accounts of Company and its subcontractors; and WHEREAS, the par6es further desire to amend the Agreement to include provisions regarding Flonida's public records laws and the Inspector General of Palm Beach County. NOW, THEREFORE, for good and valuable considem6on, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. Incorporation of Recitals. The parties represent that the above recitals are true and correct and are hereby incorporated as if fully set forth herein. 2. Reimburseables. Paragraph 7 of the Agreement is hereby amended to read as follows: Reimburseables. The City shall accept and pay the actual cost of reimburseables as follows: (a) Payroll costs for Company's employees who are working full-6me or part-6me at the Oniginal and Addi6onal Sites. The payment of such payroll costs is subject to the City Manager's or his designee's pnior approval, and only such approved costs shall be paid. Notwithstanding an):thing to the contraL� provided in this sec6on, the City agrees to 12a): the aforemen6oned 12a�:roll costs on a bi-weekl�: basis direcfl�: to Company via wire transfer, as o1212osed to providing a reimbursement to Company, as long as Company provides the City with sufficient documentation as descri'bed below to determine the veracij�: or legi6mac): of such 12Uroll costs. Should the Cit .determine that there is a deficienc�: in said documentation or that 12a�:ment of 12a�:roll costs is not justified, the City ma): withhold or offset an�: future 12a):ment(s) for 12a3:roll costs in an amount equal to the value of the deficienc):, within the sole discre6on of the Cij�: Manager or his designee. The City agrees to provide 12a�:ment bi-weekl�: as referenced above b�: 5:00 PM on the date that documenta6on jus6f i ven to the ):ing the 12a):roll costs s gi CiIy b): Company, provided that such documentation must be delivered to the City no later than 12:00 PM on said date; (b) All insurance premiums as required under paragraph 14 of this agreement; (c) Pre-approved travel expenses; (d) Mileage at the current City rate per mile; (e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket expenses. Company shall itemize all expenses and submit receipts to show proof thereof. Such expenses shall be billed by Company at cost on a monthly basis. Contemporaneous with its submission of receipts as referenced above, Company must provide the City with sufficient documenta6on as is reasonabl�: necessa!:� in the opinion of the City, and such further .documentation as requested b): the Ci1y. to determine the veracij�: o legi6mac): of Company's request for reimbursement. Should the Cit .determine that there is a deficienc�: in said documentation or that reimbursement is not justified, the City ma): withhold or offset an 12a):ment(s) to Company in an amount equal to the value of the deficienc):, within the sole discre6on of the Cij�:Manager or his designee. 3. Audit Rights and Retention of Records. Paragraph 28 of the Agreement is hereby created to read as follows: Audit Rights and Retention of Records. The CiIy shall have the right to .audit the books, records, and accounts of company and its subcontractors that are related to this agEeement. Company and its subcontractors shall keep such books, records, and accounts as ma3� be necessaLy in order to records complete and correct entries related to this agreement. All books, records, and accounts of Company 'and its subcontractors shall be kept in written form, or in a form capable o conversion into wn'tten form within a reasonable time, and upon re�uest to do so. Company or its subcontractor, as applicable, shall make same available at no cost to the CijY in written form. Company and its subcontractors shall preserve and make available, a reasonable times for examination and audi�b3� the CiM all financial records, supporting documents, statistical records, and an): other documents pertinen to this agreement for the required retention 12eriQd of the Flori'da Public Records Act, Chapter 119, Fla. Stat., if applicable, or, if the Flori'da Public Records Act is not applicable, for a minimum of three (3) �:ears after termination of this agEeement. If an): audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) �:ears, whichever is longer, the books, records, and accounts shall be .retained until resolution of the audit findings. An�: incomplete or incorrect enj!:): in such books, records, and accounts shall be a basis for the 013Ls .disallowance and recoveL�of an):12a):ment upon such enjL�. Company shall ensure that the requirements of this section are included in all agreements with its subcontractor(s). 4. Public Records. Paragraph 29 of the Agreement is hereby created to read as follows: Public Records. Ci1y is a public agenc3� subject to Chapter 119, Fla. Stat. Company shall compl3� with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance-with state law, Company agrees to: (a) Keep and maintain all records-that ordinaril3� and necessaril3� would be required b3�the City. (b) Provide the public with access to public records on the same terms and .conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided b):law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. Meet all requirements for retaining public records and transfer, at no cost. to the Ci1y all records in possession of the Company at the termination of the contract and destro3� an3� public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronicall): must be provided to the Cijy in a format that is compatible with the information technoloa s�:stems of the Ci1y. All records shall be transferred to the City 12rior to final 12a):ment being made to the Company. (e) If Company does not compl):with this section, the City shall enforce the contract provisions in accordance with the contract and ma): unilaterally .cancel this contract in accordance with state law. 5. Inspector General. Paragraph 30 of the Agreement is hereby created to read as follows: Inspector General. Company is aware that the Inspector General of Palm Beach Count� has the authorit� to investigate and audit matters relating to the negotiation and performance of-this contract, nd ma): demand and .obtain records and testimon): from Company and its sub licensees and lower tier sub licensees. Company understands and agrees that in addition to all other remedies and conse�uences provided b�: law, the failure of Compa .or its sub licensee or lower tier sub licensees to full�: cooperate with the Inspector General when requested mU be deemed b): the City to be a material breach of this agreement justif 1 ion. .):ing its term'nat' 6. Effective Date of Amendment No. 3 to the Agreement. This Amendment shall not be effective until it is approved by the City Commission and signed by both of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be duly executed this -day of 2015. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: BJCE, Inc., a Flonida corporation By: (Print or type name) (print name and title) (Print or type name) (SEAL) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this - day of 2015 by (name of officer or agent, title of officer or agent) of BJCE, Inc., a Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public-State of Flonida MEMORANDUM W TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: May 26, 2015 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF JUNE 16,2015 SCHOOL CROSSING GUARD CONTRACTACTION LABOR DBA STAFFING CONNECTION BACKGROUND Staff requests approval to utilize the City of Palm Beach Gardens contract for school crossing guard services from Action Labor (d/b/a Staffing Connection) until October 31, 2015. The City of Delray Beach has been utilizing the City of Palm Beach Gardens agreement, which was competitively bid in 2010. The City of Palm Beach Gardens extended the contract for two years in July 2014 through July 31, 2016 and Action Labor has agreed to allow the City of Delray Beach to utilize the contract through October 31, 2015. In accordance with Code Section 36.02(C)(7), "Utilization of other governmental entities' contracts", the City would like approval for up to $48,000 through October 31, 2015. The City will be issuing bid documents by mid July with an expected award in September. The school crossing guard services are provided during morning and afternoon crossings for schools located within the City's jurisdiction. The training that Action Labor provides to their employees meets the State of Florida Department of Transportation (FDOT) Standards and Guidelines, and they have been highly recommended by the Florida Department of Transportation Florida Crossing Guard Training Program Administrator. FUNDING SOURCE Funding is available from 001-2115-521-34.90 - General Fund: Other Contractual Services RECOMMENDATION Staff recommends approval to utilize the City of Palm Beach Gardens contract for school crossing guard services from Action Labor (d/b/a Staffing Connection) in an amount not to exceed $48,000 through October 31, 2015 in accordance with Code Section 36.02(C)(7), "Utilization of other governmental entities' contracts." Lj CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL LM B��GARDJJJVORIDA 33410 L Request for Proposals Crossing Guard Services RFP# 2010-003 June 07, 2010 Table of Contents PAGE Advertisement for Proposals 1 General Terms and Conditions 2 Special Conditions 9 Scope of the Work 12 School Year/ Summer Camps 15 Evaluation and Award Considerations 16 Instructions to Proposers/ Requirements of the Proposal 17 RFP Submittal Form 19 Drug Free Workplace Form 23 Sample Agreement 24 THE CITY OF PALM BEACH GARDENS ADVERTISEMENT FOR PROPOSALS REQUEST FOR PROPOSALS #2010-003 CROSSING GUARD SERVICES The City of Palm Beach Gardens is seeking Proposals for School Crossing Guard Services. Proposal specifications may be obtained from the City Clerk's Office, (561) 799-4121, as of June 8, 2010, between the hours of 8:30 a.m. to 4:30 p.m., Monday through Friday and on the City's website (www.lpb,qfl.com) anytime after June 7, 2010. Sealed Proposals will be received by the City Clerk's Office at the following address: City of Palm Beach Gardens City Clerk's Office 10500 N. Military Trail Palm Beach Gardens, FL 33410 Proposals must be clearly marked "RFP#2010-003 —Crossing Guard Services" and will be accepted until 2:00 p.m., Friday, June 18, 2010. At which time, the Proposals will be publicly opened and read aloud in the City of Palm Beach Gardens Council Chambers. It is the responsibility of the Vendor to insure that all pages are included in the submitted proposal. Therefore, all Vendors are advised to closely examine the RFP package. Any questions regarding the completeness of the RFP package should be directed to Mary Anderson-Pickle, Deputy Finance Administrator, at (561) 799-4164, manderson@pbgfl.com. Further instructions and conditions are stated in the RFP documents. The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal property. The City of Palm Beach Gardens reserves the right to accept or reject any and/or all submittals, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the Contract on such coverage and terms it deems will best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Monday, June 7, 2010 RFP FOR CROSSING GUARD SERVICES 1.0 GENERAL TERMS AND CONDITIONS 1.1 SEALED RESPONSES: Original copy of RFP/Bid document and submittal form as well as any other pertinent documents must be returned in order for a bid der/pro poser/ contractor to be considered for award. All Bid/RFP responses are subject to the conditions specified herein and on the attached Special Conditions, Specifications and Bid/RFP Submittal Form. The completed Bid/RFP response documents must be submitted in a sealed envelope clearly marked with the RFP title and number to the City Clerk at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 no later than 2:00 P.m., Friday, June 18. 2010. 1.2 EXECUTION OF DOCUMENTS: The Bid/RFP documents must contain a manual signature of an authorized representative in the space provided on the Bid/RFP Submittal Form. Failure to sign the Bid/RFP documents properly shall invalidate same, and shall result in the Proposer being deemed unresponsive. All Bid/RFP documents must be completed in pen or be 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/RFP documents. Any illegible entries, pencil responses, or corrections not initialed will not be tabulated. The original Bid/RFP conditions and specifications CANNOT be changed or altered in any way after being submitted to the City. 1.3 PRICES QUOTED: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be proposed 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 this Bid/RFP. 1.3.1 TAXES: The City of Palm Beach Gardens is exempt from all Federal Excise and State taxes. The applicable tax exemption number will be listed on our Purchase Order. 1.3.2 MISTAKES: Proposing Bidder/Proposer/Contractors are expected to examine the specifications, and all instructions pertaining to crossing guard services. Failure to do so will be at the bidder's/proposer's/contractor's risk. 1.3.4 Bid/RFP CONDITIONS: The City reserves the right to waive irregularities in this Bid/RFP or to reject any Bid/RFP responses or any part of any Bid/RFP documents deemed necessary for the best interest of the City. 1.4 EQUIVALENTS: Proposing Bidder/Proposer/Contractors shall indicate on Bid/RFP documents ANY deviation from the specifications as listed. "Other than specified" items offered require complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE Bid/RFP DOCUMENTS. NO PROPOSAL WILL BE CONSIDERED WITHOUT THIS DATA. 1.5 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Any crossing guard services not conforming to specifications could call the awarded bid der/pro poser/ contractor into default. Any increase in agreed on cost may be charged back to the awarded Bidder/Proposer/Contractor. Any violation of these stipulations may also result in the bidd e r's/pro pose r's/co ntracto r's name being removed from the vendor list. 1.6 SAMPLES: Samples of items and equipment, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the owner's expense. Bidder/Proposer/Contractor will be responsible for the removal of all samples furnished within thirty (30) days after Bid/RFP opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the Bidder/Proposer/Contractor's name. Failure to either deliver required samples or to clearly identify samples may be reason for rejection of the Bid/RFP response. Unless otherwise indicated, samples should be delivered to Police Department, Attention: Traffic Division Supervisor, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. 1.9 INTERPRETATIONS: Unless otherwise stated in the Bid/RFP, any questions concerning conditions and specifications should be submitted in writing to Mary 0. Anderson-Pickle, Deputy Finance Administrator 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, mandersonambafl.com, (fax)561-799-4134. 1.10 AWARDS: The City reserves the right to reject any or all Bid/RFP responses or any portion thereof deemed necessary for the best interest of the City. All awards made as a result of this Bid/RFP shall conform to applicable Florida Statutes. 1.11 RFP OPENING: Bids/responses to RFP shall be opened and publicly read in the City of Palm Beach Gardens, City Council Chambers, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 on the date and at the time specified on the Bid/RFP Forms. All responses received after that time shall be returned, unopened. 1.11 INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful proposing Bid der/Proposer/Contractor until acceptance by the City, unless loss or damage results from negligence by the City. If the crossing guard services provided to the City are found not to conform to specifications, the City reserves the right to cancel the order/contract upon written notice to the awarded propose r/co ntracto r and at the awarded proposer's/contractor's expense. 1.12 PAYMENT: Payment will be made by the City after the items awarded to a crossing guard contractor have been received and found to comply with award specifications, correctly invoiced. 1.13 LEGAL REQUIREMENTS: Federal, State, County and City laws, ordinances, rules, regulations, guidelines and directives that in any manner affect the items covered herein apply. Lack of knowledge by the proposing Bidder/Proposer/Contractor will in no way be a cause for relief from responsibility. 1.14 INDEMNIFICATION: The parties agree that 1% of the total compensation paid to the crossing guard contractor for the performance of this agreement shall represent the specific consideration for the contractor's indemnification of the City as set forth in this Section and in the Terms and Conditions. To the fullest extent permitted by laws, rules, codes, ordinances, guidelines, directives and regulations, the successful Bidder shall indemnify and hold harmless the City and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any willful or gross negligent or negligent act or omission of Bidder/Proposer/Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law, rules, codes, ordinances, guidelines, directives and regulations regardless of the negligence of any such party. In any and all claims against the City or any of their consultants, agents or employees by any employee of proposing contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for proposing bidder/ proposer/ contractor or any such Subcontractor or other person or organization under workers or workman's compensation acts, disability benefit acts or other employee benefit acts. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this project are hereby amended to include the foregoing indemnification and the "Specific Consideration"therefore. The official title of the City is "The City of Palm Beach Gardens". This official title shall be used in all insurance, or other legal documentation. The City of Palm Beach Gardens is to be included as "Additional Insured" with respect to liability arising out of operations performed for the City by or on behalf of Bidder/Proposer/Contractor or acts or omissions of Bidder/Proposer/Contractor in connection with such operation. 1.15 PATENTS & ROYALTIES: The Proposer/Bidder/Contractor, without exception, shall indemnify and save harmless the City 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 City. If the Bidder/Proposer/Contractor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid/proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.16 OSHA: The Proposer/Bidder/Contractor warrants that the product and services supplied to the City of Palm Beach Gardens, Florida 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 Bid der/Proposer/Contractor responsible for same. 1.17 SAFETY PRECAUTIONS: The awarded contractor/bidder/proposer shall, if required, maintain suitable and sufficient guards and barriers and, at night, suitable and sufficient lighting for the prevention of accidents and all minimum safety standards required by municipal, County, State and Federal laws, rules, regulations, codes, ordinances, directives, guidelines and laws shall be strictly met by the Bidder/Proposer/Contractor. 1.18 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.19 QUALITY: All materials used such, as supplies, equipment, or uniforms covered by this Bid/RFP shall be clean in appearance, serviceable and operational. Previously used materials may be utilized or reissued as long as their appearance and functionality is equivalent to that of new items. 1.20 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where b idd e rs/pro pose r/co ntracto rs are required to enter or go onto City property to deliver goods, materials or perform work or services as a result of a Bid/RFP award, the successful Bidder/Proposer/Contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all Palm Beach County and City. The Bid der/Pro poser/Co ntractor shall be liable for any damages or loss to the City occasioned by negligence of the Bid der/Proposer/Contractor (or agent) or any person the Bidder/Proposer/Contractor has designated in the completion of the contract as a result of the proposal of this RFP. 1.21 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid/RFP Bonds, when required, shall be submitted with the Bid in the amount specified in Special Conditions. After acceptance of Bid/RFP, the City will notify the successful Bid der/Proposer/Contractor to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. 1.22 DEFAULT/FAILURE TO PERFORM: The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer/Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer/Contractor to meet any terms of this agreement, the City will notify the Bidder/Proposer/Contractor that the default must be remedied within three (3) days (weekends and holidays excluded). Failure on the Bid der's/Proposer's/Co ntractor's part to correct the default within the required three (3) days shall result in the contract being terminated and upon the City notifying in writing the Bid der/Proposer/Contractor of its intentions and the effective date of the termination. The following shall constitute default: 1.22.1 Failure to perform the work required under the contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the contract. 1.22.2 Failure to begin the work under this contract within the time specified. 1.22.3 Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. 1.22.4 Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the contract. 1.22.5 Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency, or making an assignment renders the successful Bid der/Proposer/Contractor incapable of performing the work in accordance with and as required by the contract. 1.22.6 Failure to comply with any of the terms of the contract in any material respect. 1.22.7 Failure to comply with the terms of this Bid/RFP, including, but limited to, the Special Conditions. In the event of default of a contract, the successful Bidder/Proposer/Contractor shall pay all the City's attorney fees and court costs incurred in collecting any damages. The successful Bidder/Proposer/Contractor shall pay the City for any and all costs incurred in ensuring the completion of the project. 1.23 CANCELLATION: The City reserves the right to cancel this contract by written notice to the Propose r/B idd e r/Co ntracto r effective the date specified in the notice and the following will apply: 1.23.1 The Proposer/Bidder is determined by the City to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his/her services in a manner satisfactory to the City. In the event the Proposer/Bidder/Contractor is found to be in default, the Proposer/Bidder/Contractor will be paid for all labor and materials provided as of the termination date. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. 1.23.2 The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. 1.23.3 Funds are not available to cover the cost of the services. The City's obligation is contingent upon the availability of appropriate funds. 1.24 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to Accounts Payable, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 1.25 SUBSTITUTIONS: The City WILL NOT accept substitute specifications of any kind. Awarded contractor is expected to furnish the services as agreed in their contract once awarded. 1.26 FACILITIES: The City reserves the right to inspect the Bidder's/Proposer's/Contractor's facilities at any time with prior notice. 1.27 RFP TABULATIONS: Proposing Bidders/Proposers/Contractors desiring a copy of the Bid/RFP tabulation may request same by enclosing a self-addressed stamped envelope with the Bid/RFP. 1.28 APPLICABLE LAW AND VENUE: The law of the State of Florida shall govern the contract between the City and the successful Bidder/Proposer/Contractor and any action shall be brought in Palm Beach County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 1.29 CLARIFICATION AND ADDENDA TO RFP SPECIFICATIONS: If any person contemplating submitting a proposal under this Bid/Request For Proposal is in doubt as to the true meaning of the specifications or other Bid/RFP documents or any part thereof, the Bidder/Proposer/Contractor must submit to the Purchasing Agent at least seven (7) calendar days prior to scheduled Bid/RFP 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 RFP/Bid, if made, will be made only by Addendum duly issued by the City's designated Purchasing Agent. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bid/RFP are required. A copy of such Addendum will be sent to each Bid der/Proposer/Contractor known to have received the Bid/RFP. In the event of conflict with the original Bid/RFP Documents, Addendum shall govern all other Bid/RFP and Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. 1.30 AWARD OF CONTRACT: 1.30.1 A contract may be awarded to the most responsive and responsible Bid d e r/Pro pose r/Co ntracto r(s) whose proposal(s), conforming to the Bid/Request for Proposal, is most advantageous to the City. The lowest responsive and responsible Bidder/Proposer/Contractor(s) will be determined in conjunction with the method of award which is described in the Special Conditions. 1.30.2 The City shall award a contract to a proposing Bid der/Proposer/Contractor through action taken by the City Council or the City Manager. 1.30.3 The General Terms and Conditions, the Special Conditions, the Technical Specification, and the Contractor's RFP response are collectively and integral part of the contract between the City and the successful crossing guard Bidder/Proposer/Contractor. 1.30.4 While the City may determine to award a contract to a contractor(s) under this Bid/Request for Proposals, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The proposing Bidder/Proposer/Contractor shall be in default of any conditional award if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder/Proposer/Contractor is in default, the City, through its designated Purchasing Agent, will void its acceptance of the bidder's/proposer's/contractor's offer and may determine to select the second most responsive and responsible proposing Bidder/Proposer/Contractor or re- solicit the Bid/RFP. The City may, at its sole option, seek monetary restitution from the defaulting Bidder/Proposer/Contractor as a result of damages or excess costs sustained and/or may prohibit the Bidder/Proposer/Contractor from submitting future Bid/RFP for a period of one year. 1.30.5 The City reserves the right to exercise the option to renew a term contract of any successful Bidder/Proposer/Contractor(s) to a subsequent optional period; provided that such option is stipulated in the Special Conditions and is contained in any contract ultimately awarded in regard to this RFP. 1.30.6 The City reserves the right to automatically extend any contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded, provided this is expressly made a part of any contract awarded in regard to this RFP. 1.31 ASSIGNMENT: The awarded crossing guard contractor shall not assign, transfer, convey, sublet or otherwise dispose of any 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 City. 1.32 LAWS, PERMITS AND REGULATIONS: The awarded Bidder/Proposer/Contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulation building code requirements applicable to the work contemplated herein. 1.33 OPTIONAL CONTRACT USAGE: Other State agencies, and/or Governmental entities in the State of Florida may purchase from the resulting contract. Bidders/Proposers/Contractors shall sell these commodities or services to the other State agencies and/or Governmental Entities in the State of Florida at the agencies' and/or entities option. 1.34 PUBLIC ENTITY CRIMES: As provided in Section 287.133(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 1.35 CONFLICT OF INTEREST AND CODE OF ETHICS: The award is subject to provisions of State Statutes and City policies. All Bid ders/Proposers/Contractors must disclose with their proposal the name of any officer, director, or agent who is also an employee of the City. Further, all Bidders/proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of 5% or more in the B idd e r's/P ro pose r's/Co ntracto r's firm or any of its branches. If any Bidder/Proposer/Contractor violates or is a party to a violation of the code of ethics of the State of Florida with respect to this Bid/RFP, such Bidder/Proposer/Contractor may be disqualified from performing the work described in this Bid/RFP or from furnishing the goods or services for which the RFP/Bid is submitted and shall be further disqualified from proposing/bidding on any future RFP/Bid for work or for goods or services for the City. A copy of the State Ethics Codes is available on line at httr)://www.flsenate.-Qo 1.36 NON-COLLUSION: Bid der/Proposer/Contractor certifies that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor Bidder/Proposer/Contractor list(s). 1.37 FLORIDA PUBLIC RECORDS ACT: All material submitted regarding this Bid/RFP becomes the property of the City. Bid/RFP documents may be reviewed by any person ten (10) days after the public opening. Bid ders/Proposers/Contractors should take special note of this as it relates to any proprietary information that might be included in their responses. The City has the right to use any or all information/material submitted in response to this bid RFP proposal and/or any resulting contract from same. Disqualification of a Bid der/Proposer/Contractor does not eliminate this right. 1.38 TIED BIDS/DRUG FREE WORKPLACE PROGRAMS: In the event of an identical tied bid or proposal, preference will be given to local vendors. Local shall mean those vendors whose principal place of business is located within the city limits of the City of Palm Beach Gardens. If none of the vendors are local, preference shall be given to the business, submitting proof of Drug-Free Work Place (DFW) programs. A public drawing of lots will be held in the event all apply. 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this Request for Proposal (RFP) is to establish a multi-year contract for the provision of School Crossing Guard Services, as and when needed. The successful Contractor shall be responsible for providing crossing guards at locations and times specified by the City, shall be completely responsible for the supervision of such personnel in accordance with contract specifications, terms and conditions, and shall exercise exclusive control over persons employed to fulfill these contract requirements, in accordance with the RFP specifications. 2.2 TERM OF CONTRACT: The initial contract term shall be two years, commencing August 17, 2010 and ending July 31, 2012. The schedule for annual coverage and expiration on the initial and any extension terms shall be based on the actual PALM BEACH COUNTY SCHOOL BOARD calendar set each year. The dates of the actual contract years are subject to modification in accordance with the School Calendar, including the summer school terms and City of Palm Beach Gardens summer camps, as determined by the PALM BEACH COUNTY BOARD. The City reserves the right to extend the contract for three (3) additional two (2) year renewal terms, providing both parties agree to the extension, all terms, conditions and specifications remain the same, and such extension is approved by the City. 2.3 METHOD OF AWARD: Award of this contract may be made to the responsive and responsible Bid der/Proposer/Contractor whose proposal is the most advantageous to the City. 2.4 PAYMENT: The City will accept invoices no more frequently than one per month. Each invoice shall be accompanied by records fully detailing the items stated on the invoice. The City shall make every attempt to process correct invoices within thirty(30)days of receipt. The City will advise the Contractor of any items questioned within ten (10) days of invoice receipt. The Contractor shall prepare verification data for the amount claimed and provide complete cooperation during such investigation of any areas questioned. 2.5 COST ADJUSTMENT: The hourly charge offered and accepted must remain firm for the initial term of the contract. Costs for any extension term(s) are subject to an adjustment only if an increase or decrease occurs throughout the local industry. The City will use changes in the Federal Minimum Wage and the Consumer Price Index (CPI) (United States All Urban Consumers), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, and documented payroll figures provided by the Contractor in any adjustment review. Except for Federal Minimum Wage changes, admustments, if aIDIDroved, may not exceed 9%, or the CPI, whichever is less. Federal Minimum Wage changes shall be limited in admustment only to the direct cost of the increase. Any increase or decrease must be documented and submitted in writing to the City at least sixty (60) days prior to the contract anniversary date. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event that the City determines that the costs as submitted are not properly documented or are excessive, and the matter cannot be resolved to the satisfaction of the City, the contract will not be renewed. 2.7 CONTACTPERSON: For any additional information regarding the specifications and requirements of this bid, contact, Purchasing Agent, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, (fax) 561-799-4134. 2.8 PROPOSAL CLARIFICATION: If any person contemplating submitting a proposal pursuant to this RFP is in doubt as to the true meaning of the specifications or other RFP documents or any part thereof, such person may submit a request for clarification. All such requests must be submitted in writing to Mary 0. Anderson-Pickle, Deputy Finance Administrator, manderson(&Pbqfl.com or fax (561) 799-4134 no less than 7 calendar days prior to Proposal opening in order to be given consideration. 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 RFP documents, if made, will be made only by Addendum duly issued by the City's designated Purchasing Agent. A copy of such Addendum will be mailed or sent by available means to all known prospective Proposer/Contractor prior to the established proposal opening date. Submission of a proposal constitutes acknowledgment by the Proposer/Contractor of the receipt of all Addenda. All Addenda are a part of the RFP documents, and each Propose r/Contractor will be bound by such Addenda, whether or not received by him/her/it. It is the responsibility of each Proposer/Contractor to verify that he/she/it has received all Addenda issued before the proposals are opened. In the event of conflict with the original RFP Documents, Addendum shall govern all other RFP and Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. NO INQUIRIES WILL BE RECEIVED OR ACCEPTED VERBALLY OR AFTER SAID DEADLINE. 2.9 LIQUIDATED DAMAGES: The subsequent Contract between the parties may contain a liquidated damage clause. 2.10 WARRANTIES OR GUARANTEE OF USAGE: No warranty or guarantee is given or implied as to the total number of guards that will be required as a result of this contract. The number of guards stated in the RFP specifications is an estimate of annual requirements, based on the City's current requirements. Actual guard services will be requested as needed. During first year of services it is estimated that 19 crossing guards, including a crossing guard field supervisor, will be required. Nothing herein shall prohibit the City of Palm Beach Gardens from increasing/decreasing the number of crossing guards, as needed. 2.11 RFP SUBMITTAL: All proposals submitted shall include the completed RFP Form and all required product information and any other items as indicated on the RFP Form. RFP's will be considered "Non-Responsive" if the required information is not submitted by the date and time specified. Before submitting the RFP response, each Proposer shall make all investigations and examinations necessary to ascertain if any addendums were issued by the City's Clerk Office. 2.12 LATE RESPONSES The City cannot be responsible for RFP documents received after opening time and encourages early submittal. 2.13 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the RFP Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.14 COMPLETE INFORMATION REQUIRED ON RFP FORM: All proposals must be submitted on the attached RFP submittal form and all blanks filled in. To be considered a valid proposal, the one (1) original and three (3) copies of the Request for Proposal and RFP Submittal Form pages must be returned, properly completed, in a sealed envelope as outline in the first paragraph of General Conditions. 2.15 NO SUBSTITUTION COMPONENTS: When "NO SUBSTITUTION" is used in combination service requirements and specifications, that named item is the only item that will be accepted by the City of Palm Beach Gardens. Any attempt by a Proposer to make substitution of any such items shall result in the proposal being deemed non-responsive. After the City has evaluated the RFP responses, the contractor that submits the best value proposal may be required to demonstrate the service requirements that have been proposed for evaluation by and at no cost to the City. The purpose of the demonstration is to observe the crossing guard services to verify capability, suitability, and adaptability with regard to the performance requirements stipulated in the proposal. If a demonstration is required, the City will notify the contractor of such in writing and will specify the date, time and location of the demonstration. If the contractor fails to perform the demonstration on the date stipulated in the notice, the City may elect to reject the contractor's proposal or to re-schedule the demonstration, in the City's best interest. The City shall be the sole judge of the acceptability of the services in conformance with the specifications and its decision shall be final 2.16 INSURANCE: The Contractor shall provide insurance coverage as follows: 2.16.1 Workers Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(ies) must include Employers' Liability with limits of one hundred thousand dollars ($100,000.00) each accident, five hundred thousand dollars ($500,000.00) each disease and one hundred thousand dollars ($100,000.00) aggregate by disease. If the Contractor is not an incorporated entity (i.e. sole proprietorship / partnership), or leases employees under the alternate employee laws of the State of Florida, the City shall require a minimum premium policy meeting the aforementioned requirements even though not required by the Worker's compensation laws of the State of Florida. Filed certificates of exemption forms will not meet these requirements 2.16.2 Comprehensive General Liability with minimum limits of $1,000,000.00. Such certificate shall list the city as additional insured. NOTE: If Comprehensive General Liability limits are less than 1,000,000.00, the sum of Comprehensive General Liability limits and Excess Liability limits must equal no less than $1,000,000.00. 2.16.3 Automobile Liability with minimum limits of$1,000,000.00 each occurrence. Shall apply to all owned, non-owned, hired or leased vehicles. The required insurance coverage is to be issued by an insurance company authorized and licensed to do business in the State of Florida, with the minimum rating of B+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented in certificates of insurance which provides that the City of Palm Beach Gardens shall be notified at least thirty (30) days in advance of cancellation, non-renewal, or adverse change. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the City or by any of its representatives, which indicate less coverage than is required, does not constitute a waiver of proposer's/ contractor's obligation to fulfill the insurance requirements herein. The successful proposer/contractor must submit, no later than ten (10) days after award and prior to commencement of any work, a Certificate of Insurance naming the City of Palm Beach Gardens as additional insured. New certificates of insurance are to be provided to the City at least fifteen (15)days prior to coverage renewals 2.17 WARRANTIES OR GUARANTEE OF USAGE: No warranty or guarantee is given or implied as to the total number of guards that will be required as a result of this Contract. The numbers of guards stated in the RFP specifications are estimates of annual requirements based on the City's current requirements. Actual guard services will be requested as needed. 2.18 RECORDS, AUDITS: The Contractor shall maintain during the term of the contract, all books of account, receipt invoices, reports and records in accordance with generally accepted accounting practices and standards. The Contractor shall maintain and make available such records and files for the duration of the contract and retain them beyond the last day of the contract term for the period of two (2)years. 3.0 SCOPE OF THE WORK: 3.1 TECHNICAL SPECIFICATIONS: 3.1.1 SCHEDULING/STAFFING REQUIREMENTS: It is anticipated that (19) nineteen school crossing guards will be required for each school day. However, this is an estimate and the Police Department will keep the Contractor informed as to the exact number of school crossing guards that will be required at any one time. The Contractor shall be required to provide coverage at the school crossings as required. The contractor shall be flexible and provide guards for the hours and locations needed on the instructions of appropriate City personnel. A maximum of four(4) hours will be paid by the City for daily coverage at each school. All crossing guards are required to be at their assigned post one (1) hour prior to the start of school in the morning, and one half(1/2) hour prior to dismissal in the afternoon. However, should the required reporting times be changed by the Palm Beach County School Board, Contractor shall comply and notify the City immediately of the revised hours, and additional hours worked, if any. 3.1.2 TRAINING: It shall be the responsibility of the Contractor to ensure that all guards receive proper training. The Contractor must be able to comply with Section 234.302, Florida Statutes, the "Ramon Tumquest School Crossing Guard Act", by having Florida Department of Transportation-certified crossing guard trainers to ensure that all persons employed as crossing guards receive proper training as required by law. Formal training of all new or former crossing guards shall be conducted as per the standards established by the State of Florida Department of Transportation. It shall be the sole responsibility of the Contractor to comply with all requirements of this regulation prior to contract commencement. The Contractor may provide its own certified staff training, or sub-contract for certified training to meet this requirement. Proposers shall include in their RFP response which method shall be used, and if a sub-contractor shall be the source of training, such sub-contractor shall be identified, and all pertinent information and qualifications be included as a part of your RFP response. All training for each person employed by the contractor as a crossing guard shall be conducted by the Contractor, or a certified sub-contractor. Such training shall consist of, at a minimum, classroom and field training. Any required additional training throughout the year will be the sole responsibility of the Contractor. 3.1.3 EMPLOYEE QUALIFICATIONS: Background Checks: The Contractor and all persons who are employed for assignment to this Contract shall undergo background checks to ensure they have not been convicted of any offense involving moral turpitude.. Such background checks shall be performed by the City's Police Department at NO CHARGE TO THE CONTRACTOR. Contractor shall submit a list of all its assigned personnel to the Traffic Division Supervisor prior to DATE TO BE DETERMINED WITH AMPLE TIME FOR REVIEW AND SELECTION. Copies of all background check reports will be provided to the Contractor and the Police Department. Contractor shall be responsible for securing additional background checks for new hires, newly assigned guards, or re-checks as may be required by the Contract Administrator at any time during the Contract period, by contacting the Traffic Division Supervisor, City of Palm Beach Gardens Police Department, (561) 799-4521. Formal Training: All appropriate Contractor personnel must have received formal training in accordance with the City's training requirements, prior to being assigned to the City's Contract. Contractor shall provide the City with credentials supporting this training, prior to guard assignment. Previous school crossing guard experience of Contractor employees who would be assigned to this Contract is preferred by the City. Code of Conduct: All contractor employees shall act in a courteous, respectable manner, and shall conduct themselves in a manner that is befitting a public servant. Dress Code/Identification: All contractor employees shall present a professional appearance, neat, clean, well, groomed and properly uniformed. Minimum Age: All contractor employees serving as a crossing guard shall be a minimum of twenty-one (21)years of age. Mandatory Issued Uniforms and Equipment is to include: Two (2) light blue, short-sleeved, military-style uniform shirts with Crossing Guard patches on each sleeve, positioned below the shoulder seam in similar fashion to those worn by uniformed City personnel. • Standard Crossing Guard badge to be worn above the upper left uniform shirt pocket. • Two (2) pairs of navy blue long pants . • Orange florescent gloves • Lime green ANSI-approved florescent vest with yellow reflective striping denoting "School Crossing Guard"on front and back sides. • Navy blue winter jacket with School Crossing Guard patches on sleeves similar to uniform shirts. • Navy blue baseball cap with standard "Crossing Guard" patch • Metal whistle and lanyard Optional Equipment to be Issued: • Navy blue shorts, hemmed two inches above the knee • Navy blue, military-style skirt, hemmed two inches below the knee Any required replacement of lost or damaged uniform/equipment shall be the responsibility of the Contractor. This includes the replacement of items giving a worn-out appearance. The Contractor shall provide all other uniform/equipment that may be required. It is desirable for Contractor personnel to wear an identification badge, prominently displayed, that bears the Contractor's name, employee's name, and may include a photo. 3.1.4 Personnel Removal/Reassignment/Substitution: The City reserves the right to request the Contractor to remove and replace any Contractor employee with an acceptable or equal substitute employee at any designated post. Such request, if made by the City, shall be complied with immediately. Proposer Special Note: It is the City's desire that if the successful Contractor is other than current contractor, they consider working with the current provider in an effort to offer the current guards first consideration for any available work in accordance with the successful Contractor's employment terms and conditions. 3.2 DAILY FIELD SUPERVISION: The Contractor shall provide, at no additional cost, an experienced field supervisor overseeing the operations at all times the guards are on duty. All supervisory personnel shall, at a minimum, be certified school crossing guards. It will be the responsibility of the field supervisor(s) to ensure that all crossings are properly staffed at all times such staffing is required by the City. Additional supervisory personnel shall be provided by the successful Contractor, as the City determines necessary, at no additional cost to the City, and based on a formula of one (1) supervisor per twenty(20) crossing guards. 3.3 GUARD BACK UP: The Contractor shall provide each working guard with the name and telephone number of a back-up guard and field supervisors in case the working guard cannot be at his/her post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing location. 3.4 TWENTY-FOUR (24) HOUR ANSWERING SERVICE: The Contractor shall provide for his employees a 24-hour answering service. The Contractor may set-up its own call-out procedure, and this information shall be included in the RFP response. 3.5 REPORTS: Contractor shall provide the following reports to the City in the frequencies specified: 3.5.1 Master Guard Personnel Listing: This report shall be provided to the City by the Contractor at the beginning of the school year and at the beginning of the summer session. The list shall identify each School, guard location, guard name and telephone (if available). Contractor shall also provide the City with a listing of all back-up guards. These listings must be kept current by the Contractor, and all changes provided to the City on a timely basis, as guards are replaced, or moved. 3.5.2 Quarterly Reports/or"As Requested": Contractor shall have an established procedure for handling, responding to, and documenting actions regarding all complaints received. A report of all complaints shall be provided to the City's Contract Administrator, at minimum, on a Quarterly basis. The City may request this report on an "as needed" basis, and the Contractor shall provide such report promptly. This report shall include the following minimum information: Date, post location, guard identification, type of complaint, action taken, and total number of complaints for the reporting period. Additional Reports: The City may request additional reports from time to time for the purpose of Contractor performance evaluation. Contractor agrees to provide these reports to the City, as requested, and at no additional charge to the City. 3.5.3 Contractor/City Meetings: The City may request periodic meetings with the Contractor to review performance, address specific issues, etc. Contractor agrees to attend these meetings, at no charge to the City, as necessary during the Contract term. Contractor may also be requested to attend meetings with the School Board, School Principals, and similar entities. Contractor agrees to do so at no charge to the City. 4.0 SCHOOL YEAR/ SUMMER CAMPS: 4.1 SCHEDULE: It is estimated that school crossing guard services will be required for a total of approximately 210 days/per year. The City will inform the Contractor of the specific dates when they are made available from the School Board. Approximate School Term scheduling is as follows: 4.1.1 Regular School Term: The regular school year (consisting of 210 school days) begins August 17, 2010 and will run until June 2, 2011, with appropriate holidays and teacher work days that do not require coverage. 4.1.2 Summer School 2011 Term: Summer school usually begins in June and continues into July and lasts for approximately 39 days. Exact dates are to be determined. 4.1.3 City of Palm Beach Gardens to provide the summer camp schedule to the contractor, and the contractor shall provide crossing guard services in accordance with that schedule and adhere to the same. 5.0 EVALUATION AND AWARD CONSIDERATIONS 5.1 EVALUATION CRITERIA POINTS ASSIGNED: The City will evaluate all proposals received based on the RFP specifications. Proposals shall be evaluated to determine which Proposal best meets the needs of the City based on the RFP evaluation criteria stated herein. Award will be based on certain objective and subjective considerations, including but not necessarily limited to: 5.1.1 The ability and capacity of the proposer (including manpower, organization and financial stability) to provide all the services contained in the RFP. These criteria shall also include any company policy, program or incentives offered to employees to retain their services to insure low turn-over. Points Available: 0—45 (up to total points assigned) 5.1.2 The experience and qualifications of the proposer and its employees providing these services to other governmental agencies (including the number of years providing these services, and a list of client references). Points Available: 0—40 (up to total points assigned) 5.1.3 The total cost to the City(The lowest hourly rate to the City shall receive maximum cost points). Points Available: 0— 15 (up to total points assigned) The City reserves the right in its sole discretion to determine the responsiveness and responsibility of any Proposer to provide the services sought in this RFP. Proposers must demonstrate that they have sufficient training and/or experience to fulfill the contract requirements of providing school crossing guard services in the City of Palm Beach Gardens, Florida, as specified herein. Award will be based on a review of all the information you submit, plus a review of references. The City reserves the right to visit and inspect Proposer's facilities and locations where Proposer is currently providing school crossing guard services in determining its capacity to perform the services contained in the RFP. 5.2 TRIAL PERFORMANCE/EVALUATION PERIOD: The City reserves the right to require a test period of thirty (30), sixty (60), or ninety (90) days prior to enacting an annual contract for these services, to determine if the Contractor can perform in accordance with the requirements of the RFP and to the City's satisfaction. The first ranked Proposer shall be given a trial performance term of up to ninety (90) days, at the City's option. During the course of any trial period, the Contractor shall perform and such trial shall be based on compliance with all specifications, terms and conditions as contained in the RFP. The Contractor will be rated on the RFP specifications, including: quality of services performed, timeliness of service performed, and responsiveness to the City's needs. If a Performance Trial is enacted, and such trial is successful, the actual Contract date and commencement of contract term shall beciin retroactive to the commencement date of the trial period. Pricing Proposed by the Contractor shall be firm not only for the trial period bu also for the initial contract term. If the Contractor's performance is determined to be dissatisfactory any time during the trial period, the City reserves the right to terminate the Contract, after providing the Contractor written notification, and the City shall issue an award to the next lowest responsible Proposer, in accordance with the RFP specifications, and so on until a successful Contract can be established. 6.0 INSTRUCTIONS TO PROPOSERS/REQU I REM ENTS OF THE PROPOSAL: All proposals must be submitted as specified on the proposal pages which follow. Any attachments must be clearly identified. To be considered, the proposer must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal(s). If publications are supplied by the proposer to respond to a requirement, the response should include reference to the document number and page number. This will provide quick reference for the evaluation committee. Proposals not providing this reference will be considered to have no reference material included in the additional documents. All proposals must be received by the City Clerk's Office to be determined, on the date specified in this RFP. All proposals to be addressed to: City of Palm Beach Gardens Attention: City Clerk's Office 10500 N. Military Trail Palm Beach Gardens, Florida 33410 The proposal shall be signed by a representative who is authorized to contractually bind the Contractor. PROPOSERS MUST SUBMIT ONE (1) IDENTIFIED ORIGINAL RFP DOCUMENT, PLUS THREE (3) COPIES OF THE RFP INCLUDING ANY ATTACHMENTS. THIS REQUIRES A TOTAL OF FOUR(4) COPIES OF YOUR PROPOSAL. RFP SUBMITTAL PAGES/DOCUMENTS ARE AS FOLLOWS: 0 RFP Submittal Form 0 Signature Page 0 Cost Information 0 Financial/Insurance Information 0 Technical Proposal/Company literature 0 Past Experience/Client references 0 Drug Free Work Place The rest of this page is intentionally left blank. RFP SUBMITTAL FORM THE CONTRACTING OF CROSSING GUARD SERVICES RFP# 2010-003 DUE DATE & TIME: Friday, June 18, 2010 no later than 2:00 p.m. PROPOSER TO COMPLETE THE FOLLOWING: To: The City of Palm Beach Gardens Attention: City Clerk's Office 10500 N. Military Trail Palm Beach Gardens, Florida 33410 The below signed, hereby agrees to furnish the following services at the terms and conditions stated. Subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in this RFP. I have read all attachments including the specifications, and fully understand what is required. By submitting this signed proposal, I will accept a contract if approved by the City of Palm Beach Gardens and such acceptance covers all terms, conditions and specifications of this proposal. Proposal submitted by: Name (printed) Title: Company: (Legal registered) Address: City: State: Zip Code: Telephone No: FAX No: Signature: Date: 2. Is any information requested or contained in the RFP documents not included in your proposal? YES: NO: VARIANCES: State any variations to specifications, terms and conditions in the space provided below. All variances contained on other pages of RFP, attachments or proposal pages must be referenced herein below. No variations or exceptions by the Proposer will be deemed to be part of the proposal submitted unless such variations or exceptions are listed and contained within the proposal documents and referenced in the space provided below. If no statement is contained in the space below, it is hereby implied that your proposal complies with the full scope of this RFP. 3. Provide a list of client references within the Dade, Broward, Palm Beach, and Martin Counties for whom you have provided these same services. Include contact name, address and telephone number, and number of guards for each agency. 4. State the number of years your company has been providing these services: Years (A MINIMUM OF THREE YEARS IS PREFERRED). 5. Provide documentation to support your financial ability to perform the contract services. You may include an audited financial statement, bank references and other business references (A MINIMUM OF THREE IS REQUESTED -excluding the City of Palm Beach Gardens). 6. Do you have the required insurance coverages, as contained in the RFP? YES: NO: If yes, please include copies of all Insurance Certificates for our review. 7. PRICING: Proposer please quote your firm's fixed hourly rate/per guard, in accordance with the RFP: Firm, fixed HOURLY RATE/PER GUARD (For the purpose of tabulation, the hourly rate will be used times the maximum payable hours/per day (4 hrs) times the anticipated number of school and summer camp days per year.) Estimated# Four (4) Hours Firm/Fixed of Guards Per Day Hourly Rate Estimated#of Days Per Year Estimated Totals X Hours X X SchoolYear $ X Hours d X $ X Summer Camp (TBD) $ Estimated Total Annual Cost: $ 8. Have you included all qualification and experience documentation, including client and financial references? YES: NO: 9. Have you included the required number of copies of your RFP response? (ONE (1) ORIGINAL AND THREE (3) COPIES=TOTAL 4 SIETS)? YES: NO: 10. Provide a summary of any litigation filed against Proposer, principals, or individuals employed by the Proposer in the past three (3) years which is related to the services the Proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. Please provide this information as an attachment to your RFP response. Included? YES: NO: If NO, explain: RFP # 2010-003 DUE DATE & TIME: Friday, June 18, 2010, no later than 2:00 p.m. To: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 (Contractor) agrees to provide crossing guard services as defined in this Request for Proposal document and in accordance with the requirements of the Specifications and contract documents. The undersigned Proposer/Contractor has carefully examined the crossing guard services Specification requirements, and related RFP/Contract Documents and is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done. The undersigned agrees to provide the crossing guard services called for by the Specifications and Bid Documents, in the manner prescribed therein and to the standards of quality and performance established by the City for the quality of service and hourly rates stated in the spaces herein provided. The undersigned agrees the right of the City to hold the Request for Proposal submittals and guarantees the proposals for a period not to exceed one hundred and twenty (120) days after the date of opening stated in the Request for Proposal. The undersigned accepts the invoicing and payment policies specified in the RFP. Upon award of this RFP the City and Propose r/Contractor each binds himself, itself or herself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the RFP Documents. The RFP Document constitutes the entire agreement between City and Bidder and may only be altered, amended or repealed by a Change Order or a written amendment. The Propose r/Contractor, by signing these RFP Submittal pages, acknowledges and agrees to abide by all the terms, conditions and specifications contained in this RFP Document. Propose r/Contractor shall guarantee crossing guard services within calendar days from receipt of Purchase Order or Notice to Proceed. Dated this day of_ (Month) (Year) INDIVIDUAL, FIRM, CORPORATION, LIMITED LIABILITY, PARTNERSHIP OR OTHER FORM OF ENTITY By: (Signature) (Print name) Address: Telephone: --Fax: Social Security Number(OR) Taxpayer Identification Number(TIN): CORPORATION By:_ (Signature) (Print name) Address: Telephone: Fax: Taxpayer Identification Number(TIN/EIN): State Under Which Corporation Was Chartered: Corporate President: (Print Name) Corporate Secretary: (Print Name) Corporate Treasurer: (Print Name) CORPORATIESEAL Attest By: Secretary Signature: Date: DRUG FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more Proposals which are equal with respect to price, quality, and service are received by the City for the procurement of crossing guard services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing these crossing guard services that are under Proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the crossing guard services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to siqn the statement, I certify that this firm complies fully with the above requirements. Corporation's Name Signature Print Name: STANDARD AGREEMENT (sample only—subject to revisions) THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City") and _[Name]_, a jtype of entity]_("Contractor"). WHEREAS, the City desires to retain the services of the Contractor to provide jtype of services]_. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF RFP The terms and conditions of this Agreement shall include and incorporate the terms, conditions and specifications set forth in the City's Request for Proposal for dated ("RFP"), and the Contractor's Response to the Request for Proposal, including all licenses, insurance, bonds and other documentation required hereunder. ARTICLE 2. SCOPE OF SERVICES The Contractor shall perform those services identified in the specifications accompanying the City's RFP, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to Contractor the sum of$ ARTICLE 4. INVOICES AND PAYME A. I nvoices The Contractor shall submit invoices to the City on a weekly basis, as set forth in the Specifications. A. Payment IV The City shall pay each invoice in accordance with the Florida Prompt Payment Act (Section 218.70, F.S., et seq.). Unpaid invoices shall bear interest as provided in the Act. ARTICLE 5. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 6. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save and hold harmless the City, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action and judgments of any type whatsoever. ARTICLE 7. INSURANCE The Contractor agrees to obtain and maintain in full force and effect all required insurance as set forth in the RFP throughout the term of this agreement and any extensions thereof. ARTICLE 8. MISCELLANEOUS PROVISIONS A. Notice Format. All notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: As to City: City of Palm Beach Gardens Attention: City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410 Facsimile: (561) 799-4111 with a copy to: City of Palm Beach Gardens Attention: City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 33410 Facsimile: (561) 799-4124 As to the Contractor: [Name] [Address] [Contact person] [Facsimile number] 1 0 = b B. Equal Opport�l�. The City and the Contractor agree that no person shall, on the U--Y grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed or age be discriminated against in the performance of this Agreement. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignability. This Agreement may not be assigned without the prior written consent of both parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue for all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. 1. Services. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. J. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. K. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. I I I Signatures on the following page IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this_day of 200_. CITY: CITY OF PALM BEACH GARDENS, a Florida municipal corporation [SEAL] By: Mayor ATTEST: City Clerk Executed by the Contractor this day of 1201 . CONTRACTOR: —[Name]_, [type of entity] B WITN: .1 Name: ) AGREEMENTBETWEEN THE CITY OF PALM BEACH GARDENS AND ACTION LABOR MANAGEMENT OF FLORIDA, LLC, d/b/a STAFFING CONNECTION THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation, with offices located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter referred to as "City", and Action Labor Management of Florida, LLC, d/b/a Staffing Connection, a limited liability corporation, with offices located at 900 Osceola Drive, Suite 222, West Palm Beach, Florida 33409, hereinafter referred to as "Contractor'. WHEREAS, the City desires to retain the services of the Contractor to provide school crossing guard services in accordance with the City's Request for Proposal Number 2010-003 dated June 7, 2010, and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF RFP The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Request for Proposal for Crossing Guard Services dated June 7, 2010, RFP Number 2010-003 ("RFP"), and the Contractor's Response to the Request for Proposal, including all licenses, insurance, bonds, and other documentation required hereunder. ARTICLE 2 TERM OF AGREEMENT The term of this Agreement shall be two (2) years commencing on August 17, 2010, and expiring on July 31, 2012. The City reserves the option to extend the term of this Agreement for three (3) additional two (2) year terms, providing both parties agree to the extension and such extension is approved by the City. ARTICLE 3. SCOPE OF SERVICES The Contractor shall perform those services identified in the specifications accompanying the City's RFP, which are incorporated herein by reference. ARTICLE 4. COMPENSATION The City shall pay to the Contractor a sum not-to-exceed $345,688.20 annually, according to the terms and specifications of the referenced RFP. Page 1 of 5 ARTICLE 6. INVOICES AND PAYMENT A. Invoices. The Contractor shall submit invoices to the City on a weekly basis, as set forth in the Specifications. B. Paymen . The City shall pay each invoice in accordance with the Florida Prompt Payment Act (Section 218.70, F.S., et seq.). Unpaid invoices shall bear interest as provided in the Act. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for services rendered through the date of termination in accordance with the terms of this Agreement. ARTICLE 7. INDEMNIFICATION The Contractor recognizes that it is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants, or agents relating to or arising out of the Contractor's performance under this Agreement, the Contractor hereby agrees to indemnify, save, and hold harmless the City, its officers, employees, servants, or agents and to defend said persons from any such claims, liabilities, causes of action, and judgments of any type whatsoever. ARTICLE 8. INSURANCE The Contractor agrees to obtain and maintain in full force and affect all required insurance as set forth in the RFP throughout the term of this Agreement and any extensions thereof. ARTICLE 9. MISCELLANEOUS PROVISIONS A. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page 2 of 5 As to the City: City of Palm Beach Gardens Attention: City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410 Facsimile: (561) 799-4111 with a copy to: City of Palm Beach Gardens Attention: City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 33410 Facsimile: (561) 799-4139 As to the Contractor: Action Labor Management, LLC, d/b/a Staffing Connection Attention: Karen Hoover, President/ CEO 900 Osceola Drive, Suite 222 West Palm Beach, FL 33409 Facsimile: (561) 683-3262 B. Equal Opportunily. The City and the Contractor agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed, or age be discriminated against in the performance of this Agreement. C. Bindinq Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignability. This Agreement may not be assigned without the prior written consent of both parties to this Agreement. E. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F. Governinq Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue for all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. Page 3 of 5 G. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Services. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement, and accordingly, no Court or Administrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other, and every covenant, term, and provision of this Agreement shall be construed simply according to its fair meaning. 1. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. J. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. K. Entire Acireement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. (The remainder of this page intentionally left blank) Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of -SvLy 2010. CITY OF PALM BEACH GARDENS, FLORIDA a Florida municipal corporation By: Davo y, Mayor AT 15atri6la Snider, CNIC, City Clerk APPROVED AS TO FORM A LEGAL SUFFICIENCY: By: R. L!6hman, City Attorney Executed by the Contractor this 0 day of 2010. ACTION LABOR MANAGEMERT OF FLORIDA, LLC, d/�b/a� ST CONNECTION, a Ii d lliability corporation Bv: Kdren Ho6er, President/CEO (CORPORATE SEAL) WITNESS: B y: Print Name: By: qzK� Print Namqe� H-crhxy..-At-L., G:\aftorney.share\AGREEMENTS\crossing guard agreement-staffing connection-2010.docx Page 5 of 5 1 RESOLUTION 44, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT 6 BETWEEN ACTION LABOR MANAGEMENT OF FLORIDA, LLC, 7 D/B/A STAFFING CONNECTION AND THE CITY FOR SCHOOL 8 CROSSING GUARD SERVICES; AUTHORIZING THE CITY 9 MANAGER TO APPROVE FUTURE CONTRACT RENEWALS; 10 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, the City desires to provide school crossing guard services on behalf 14 of the City; and 15 16 WHEREAS, the City issued a Request for Proposal on June 7, 2010, RFP 17 Number 2010-003 for school crossing guard services, attached hereto as Exhibit "A"; 18 and 19 20 WHEREAS, the City received a proposal to provide school crossing guard 21 services from Action Labor Management of Florida, LLC, d/b/a Staffing Connection, 22 attached hereto as Exhibit "B"; and 23 24 WHEREAS, the City wishes to provide school crossing guard services, based on 25 the proposal received from Staffing Connection; and 26 27 WHEREAS, the City Council deems approval of this Resolution to be in the best 28 interests of the health, safety, and welfare of the residents and citizens of the City of 29 Palm Beach Gardens and the public at large. 30 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SECTION 2. The City Council hereby approves an agreement with Action Labor 38 Management of Florida, LLC, d/b/a Staffing Connection for crossing guard services for 39 an amount not to exceed $345,668.20, authorizes the Mayor to execute the Agreement, 40 attached hereto as Exhibit "C", and authorizes the City Manager to approve future 41 agreement renewals. 42 43 SECTION 3. This Resolution shall become effective immediately upon adoption. 44 45 46 Page 1 of 2 Resolution 44,2010 "4 PASSED AND ADOPTED this /.) ' dayof -tjL4 12010. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 BY: .8'* Da\i'id J. Levy, Mayor 9 10 ATTO$ i� 1.4 Oatr a Snider, CMC, 16ity Clerk 16 17 APPROVED AS TO FORM 18 AND LEGAL SUFFICIENC 19 20 21 BY: 22 R. M m;fn, City Attorney 23 24 25 26 27 VOTE: AYE NAY ABSENT 28 29 MAYOR LEVY 30 31 VICE MAYOR PREMUROSO 32 33 COUNCILMEMBER RUSSO 34 35 COUNCILMEMBER JABLIN 36 37 38 39 40 41 42 43 44 45 46 47 G:\aftorney_share\RESOLUTIONS\2010\resolution 44 2010-staffing connection for crossing guards.doc Page 2 of 2 effn—nee MOYT/Afig SAfFry�Is 6555 N.Powerline Road,Suite 306,Ft.Lauderdale,FL 33309 p:954.776.3444 f.954.776.8476 May 11, 2015 Kristina Maricic Administrative Officer City of Delray Beach 300 West Atlantic Avenue Delray Beach, FIL 33444 To Whom It May Concern: Staffing Connection is providing the lowest price for School Crossing Guard services available to similarly situated government entities within the state of Florida. Sincerely, Sharron R. Cook Branch Manager,School Crossing Guard Division June 4, 2015 Sharron Cook Action Labor Management of Florida, LLC 900 Osceola Drive, Suite 222 West Palm Beach, FL 33409 Dear Ms. Cook: This letter is intended to confirm that Action Labor Management, LLC d/b/a Staffing Connection, and the City of Delray Beach, FIL are hereby entering into a contractual agreement based on the terms and conditions of the City of Palm Beach Gardens Agreement for School Crossing Guards Supplemental Agreement Number 2 (RFP2010- 003). The above respective parties also agree that all terms referenced in the City of Palm Beach Gardens School Crossing Guard agreement are valid and effective. The only modification to the herein agreement is with regard specifically to Article 1, entitled, "Term of Supplemental Agreement." The modified language between the Action Labor Management of Florida, LLC and the City of Delray Beach, Florida shall read as follows: ARTICLE 1. TERM OF SUPPLEMENTAL AGREEMENT The term of this Agreement shall be for a term of July 1, 2015 to October 31, 2015, unless otherwise terminated as provided herein. Upon receipt, please have the President of Action Labor Management of Florida, LLC sign and return of this letter to acknowledge agreement. Thank you. Sincerely, Holly Vath Chief Purchasing Officer Actio n,(�a bo r pta--nq�(e rn e--n-t—otFl o rid a, LLC 'Date 100 NW 1st Avenue * Delray Beach * Florida e 33444 MEMORANDUM w TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: June 3, 2015 SUBJECT: AGENDA ITEM 8.N.-RIEGULAR COMNHSSION MEETING OF JUNE 16,2015 RESOLUTION 35-15-CREATION OF PURCHASING DEPARTMENT BACKGROUND At the May 5, 2015 Commission meeting, I recommended Purchasing be established as a Department reporting to the City Manager. The attached resolution formalizes the consensus Commission approval given at the May 5, 2015 meeting. RECOMMENDATION Staff recommends approval of Resolution 35-15. RESOLUTION NO. 35-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE CITY MANAGER'S DESIGNATION OF A PURCHASING DEPARTMENT PURSUANT TO SECTION 32.01 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH;PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 32.01 of the Code of Ordinances of the City of Delray Beach provides for the designation of municipal departments by the City Manager, subject to City Commission approval, in such numbers and organizations deemed necessary to carry out the powers and duties of the office of City Manager enumerated in Sections 4.04 through 4.06 of the Charter of the City of Delray Beach; and WHEREAS, the division responsible for purchasing commodities, equipment, and services; managing the purchasing process; maintaining the vendor database;and enforcing the City's purchasing policy is currently structured under the Finance Department;and WHEREAS, the City Manager has deemed it necessary to designate an independent Purchasing Department in order to carry out the powers and duties in Sections 4.04 through 4.06 of the Charter of the City of Delray Beach; 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 approves the City Manager's designation of an independent Purchasing Department pursuant to Section 32.01 of the Code of Ordinances of the City of Delray Beach. Section 3. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 16th day of June, 2015. MAYOR ATTEST: City Clerk MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald C. Cooper, City Manager DATE: June 8, 2015 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMNHSSION MEETING OF JUNE 16,2015 BID AWARD/SLAVIN NLANAGENWNT CONSULTANTS/EXECUTIVE SEARCH AND RECRUITING SERVICES BACKGROUND Staff recommends a motion to approve a contract to award RFP 2015-5 1, Executive Search and Recruiting Services, to Slavin Management Consultants for the 12 months following contract execution. The cost per recruitment will be a fixed fee of$15,800 and up to $7,900 in reimbursable expenses for a total not to exceed$23,700 per recruitment. At this point, the City anticipates using these services for a maximum of five recruitments for the 12 month annual maximum not to exceed $118,500 including expenses. The known recruitments are the Assistant City Manager, Chief Innovation and Technology Officer and Human Resources Director. The other two recruitments may be used as needed. 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" (2) "Requests for Proposals". The City issued RFP 2015-51 Executive Search and Recruiting Services on May 3, 2015 with a due date of May 27, 2015. Six proposals were received from the following firms: • Colin Baenziger &Associates • Ralph Andersen &Associates • Slavin Management Consultants • Strategic Government Resources • The Mercer Group • Waters & Company Executive Recruitment The selection committee met on Friday, June 5, 2015 and deemed The Mercer Group not responsive to the RFP specifications. The RFP specifications required a specific format so the information could be reviewed in a systematic method. The Mercer Group proposal did not follow the prescribed format. The committee then evaluated the remaining five proposals which were ranked as follows: Rank Vendor I Slavin Management Consultants 2 Colin Baenziger&Associates 3 Ralph Andersen &Associates 4 Waters and Company Executive Recruitment 5 Strategic Government Resources Staff recommends the City award the contract to the top ranked firm, Slavin Management Consultants. RECOMMENDATION Staff recommends a motion to approvea contract to award RFP 2015-51, Executive Search and Recruiting Services, to Slavin Management Consultants for the 12 months following contract execution. The cost per recruitment will be a fixed fee of$15,800 and up to $7,900 in reimbursable expenses for a total not to exceed$23,700 per recruitment. At this point, the City anticipates using these services for a maximum of five recruitments for the 12 month annual maximum not to exceed $118,500 including expenses. ��Am' CITY OF DELRAY BEACH 100 NW ls'AVENUE, DELRAY BEACH, FL 33444 RFP 2015- 51 EXECUTIVE SEARCH AND RECRUITING SERVICES MAYOR - CARY D. GLICKSTEIN VICE MAYOR -SHELLY PETROLIA DEPUTY VICE MAYOR -ALJACQUET COMMISSIONER -JORDANA JARJURA COMMISSIONER -MITCH KATZ CITY MANAGER -DONALD B.COOPER Purchasing Division#Finance Department+(561) 243-7161/7163 *Fax(561) 243-7166 CITY OF DELRAY BEACH REQUEST FOR PROPOSALS EXECUTIVE SEARCH AND RECRUITING SERVICES RFP No. 2015-51 Title: Vendor Name: Addenda Enclosed thru Submission Deadline: Submissions Accepted Via: Mail or in Person Submit to: City of Delray Beach Purchasing Division 100 NW 1st Avenue Delray Beach., FL 33444 Comments: A fax or electronic copy will not be accepted as a sealed bid. City of Delray Beach Time Stamped In: A�mm' CITY OF DELRAY BEACH, FLORIDA REQUEST FOR PROPOSALS EXECUTIVE SEARCH AND RECRUITING SERVICES RFP No. 2015-51 1 Advertisement CITY OF DELRAY BEACH, FLORIDA REQUEST FOR PROPOSALS EXECUTIVE SEARCH AND RECRUITING SERVICES RFP No. 2015-51 The City of Delray Beach, Florida ("City") is soliciting proposals from firms qualified to provide executive search and recruiting services to assist the City with the successful hiring of several key management positions during the next twelve (12) months. Firms must be properly licensed to conduct business in the State of Florida, with all licenses, permits, and certificates as required by all local, State of Florida, and Federal agencies. Any person wishing to submit a proposal (i.e., a "Proposer") must comply with the requirements contained in the City's RFP. Sealed proposals will be accepted by the City's Purchasing Division in Room 206, City Hall, 100 N.W. 1s' Avenue, Delray Beach, FL., 33444 until Wednesday, May 27, 2015 10:00 A.M., at which time the names of the Proposers will be read aloud in the first floor conference room. Proposals received by the City after this deadline will not be considered. Each proposal must be submitted in a sealed envelope. The envelope shall contain: one (1) unbound proposal, labelled as the original; seven (7) bound copies of the proposal, labelled as copies; and one (1) computer disk ("CD") or thumb drive that contains a complete copy of the proposal. Questions regarding this RFP must be delivered in writing via fax (561-243-7166) or e-mail (vatha-mvdelraybeach.com ) to Holly Vath, Chief Purchasing Officer for the City. Questions received after Monday, May 18, 2015 5:00 P.M. will not be addressed by the City. Copies of the RFP may be downloaded from www.DemandStar.com, the City of Delray Beach web site (www.mvdelraybeach.com ) or copies of the RFP also may be requested via e-mail (purchasing@mydelraybeach.com). The City reserves its exclusive right to: reject any and all proposals; waive minor irregularities with regard to any proposal; determine whether a Proposer is responsible, responsive, and qualified; and determine whether to award its work to one or more Proposers. TABLE OF CONTENTS 1.1 INTRODUCTION....................................................................................................................................6 1.2 INQUIRIES AND OBJECTIONS CONCERNING THIS RFP.............................................................6 1.3 NO ORAL INTERPRETATIONS OF RFP ...........................................................................................6 1.4 REVIEWING THE RFP AND ADDENDA............................................................................................6 1.5 REQUIREMENTS FOR SUBMITTAL OF PROPOSALS...................................................................7 1.6 DEADLINE FOR DELIVERY OF PROPOSALS.................................................................................7 1.7 SCHEDULE AND DEADLINES FOR RFP..........................................................................................7 1.8 EVALUATION OF PROPOSALS BY SELECTION COMMITTEE....................................................8 1.9 AWARD OF CONTRACT BY CITY COMMISSION............................................................................9 1.10 THE CITY'S ACCEPTANCE OR REJECTION OF PROPOSALS....................................................9 1.11 LIMITATIONS ON PROPOSER'S RIGHTS......................................................................................10 1.12 MISTAKES...........................................................................................................................................10 1.13 LIMITED OR CONDITIONAL PROPOSALS.....................................................................................11 1.14 CONFLICTS OF INTEREST...............................................................................................................11 1.15 LEGAL REQUIREMENTS..................................................................................................................11 1.16 PUBLIC ENTITY CRIMES..................................................................................................................11 1.17 ANTI-DISCRIMINATION.....................................................................................................................12 1.18 LITIGATION CONCERNING THE RFP AND AGREEMENT..........................................................12 1.19 ADVERTISING.....................................................................................................................................12 1.20 PUBLIC RECORDS.............................................................................................................................12 1.21 DRUG-FREE WORKPLACE..............................................................................................................12 1.22 FUNDING IS CONTINGENT...............................................................................................................12 1.23 TAXES..................................................................................................................................................12 1.24 PROTEST PROCEDURES.................................................................................................................13 1.25 LOBBYING...........................................................................................................................................13 1.26 LIMITATIONS ON COMMUNICATIONS --CONE OF SILENCE....................................................13 1.27 OFFICE OF THE INSPECTOR GENERAL.......................................................................................14 3 1.28 PROHIBITION ON PERSONS WITH OUTSTANDING OBLIGATIONS TO MUNICIPALITIES (CLEAN HANDS POLICY)...............................................................................................................................15 1.29 PROHIBITION ON SCRUTINIZED COMPANIES.............................................................................15 1.30 COST OF PROPOSAL PREPARATION...........................................................................................15 1.31 SUBCONTRACTORS AND TEMPORARY LABOR........................................................................15 1.32 NO ASSIGNMENT OR TRANSFER OF PROPOSALS...................................................................15 SECTION 2: SCOPE OF WORK...................................................................................................17 2.1 AUTHORIZATION TO BIND PROPOSER........................................................................................17 2.2 PROPOSAL FORMAT........................................................................................................................17 2.3 PROPOSAL DESCRIPTION ..............................................................................................................18 SECTION 3: FORMS FOR PROPOSALS ...................................................................................20 SECTION 4: AGREEMENT..............................................................................................................27 ARTICLE 1-SERVICES...........................................................................................................................................27 ARTICLE 2-SCHEDULE .........................................................................................................................................27 ARTICLE 3 - PAYMENTS TO CONTRACTOR...............................................................................................27 ARTICLE 4- PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS........................27 ARTICLE 5-TERMINATION...................................................................................................................................28 ARTICLE 6- PERSONNEL.......................................................................................................................................28 ARTICLE 7-FEDERAL AND STATE TAX..................................................................................................................28 ARTICLE 8-AVAILABILITY OF FUNDS....................................................................................................................29 ARTICLE 9-INDEMNIFICATION............................................................................................................................29 ARTICLE 10-SUCCESSORS AND ASSIGNS.............................................................................................................29 ARTICLE 11-REMEDIES.......................................................................................................................................29 ARTICLE 12-CONFLICT OF INTEREST....................................................................................................................29 ARTICLE 13-EXCUSABLE DELAYS.........................................................................................................................30 ARTICLE 14-ARREARS.........................................................................................................................................30 ARTICLE 15-DISCLOSURE AND OWNERSHIP OF DOCUMENTS.............................................................................30 4 ARTICLE 16-INDEPENDENT CONTRACTOR RELATIONSHIP...................................................................................30 ARTICLE 17-CONTINGENT FEE.............................................................................................................................31 ARTICLE 18-PUBLIC RECORDS,ACCESS AND AUDITS...........................................................................................31 ARTICLE 19-NONDISCRIMINATION.....................................................................................................................31 ARTICLE 20-AUTHORITY TO PRACTICE................................................................................................................32 ARTICLE 21-SEVERABILITY..................................................................................................................................32 ARTICLE 22-PUBLIC ENTITY CRIMES....................................................................................................................32 ARTICLE 23 - SCRUTINIZED COMPANIES..................................................................................................32 ARTICLE 24-MODIFICATIONS OF WORK..............................................................................................................32 ARTICLE 25-NOTICE............................................................................................................................................33 ARTICLE 26-ENTIRETY OF CONTRACTUAL AGREEMENT......................................................................................33 ARTICLE 27-REGULATIONS AND LICENSING REQUIREMENTS.............................................................................33 5 SECTION 1 : TERMS AND CONDITIONS 1.1 INTRODUCTION The purpose of this Request for Proposal ("RFP") is to provide executive search and recruiting services to assist the City with the successful hiring of several key management positions. Firms must be properly licensed to conduct business in the State of Florida, with all licenses, permits, and certificates as required by all local, State of Florida, and Federal agencies. Section 1 of this RFP describes the general terms and conditions that will apply to this RFP. Section 2 of this RFP describes the scope of services for any proposer wishing to submit a proposal in response to this RFP. Section 3 of this RFP provides forms and instructions for preparing a proposal in response to this RFP. Section 4 contains the sample Agreement ("Agreement") that will be executed by the selected Proposer. 1.2 INQUIRIES AND OBJECTIONS CONCERNING THIS RFP All Proposers shall carefully examine this RFP, including the forms and the Agreement. If a Proposer discovers any ambiguities or inconsistencies in any aspect of this RFP, the Proposer shall immediately notify the City's Chief Purchasing Officer. No later than 'Monday, May 18, 2015 5:00 P.M. each Proposer shall deliver to the City all of the Proposer's (a) questions concerning the intent, meaning and interpretation of this RFP, including the Agreement and (b) objections to the terms of this RFP, including the Agreement. Each Proposer shall be deemed to have waived all questions and objections that are not submitted to the City in compliance with this Section 1.2. A Proposer's questions and objections may be delivered to the City by mail, e-mail, or fax, but all such submittals shall be in writing and addressed to: Holly Vath Chief Purchasing Officer City of Delray Beach 100 N.W. ls'Avenue Delray Beach, Florida 33444 Facsimile: (561) 243-7166 E-mail: vath(U-)myclelraybeach.com 1.3 NO ORAL INTERPRETATIONS OF RFP No Person is authorized to give oral interpretations of, or make oral changes to, this RFP. Therefore, oral statements about the RFP by the City's representatives will not be binding on the City and should not be relied upon by a Proposer. Any interpretation of, or change to, this RFP will be made in the form of a written addendum to the RFP. A Proposer can only rely upon those interpretations of, or changes to, this RFP that are issued by the City in an addendum. By submitting a proposal, a Proposer certifies that its proposal is made without reliance on any oral representation by the City, its agents, or employees. 1.4 REVIEWING THE RFP AND ADDENDA Each Proposer should closely examine all of the documents and requirements in this 6 RFP. It is the sole responsibility of the Proposer to ensure that all pages of the RFP have been received. In accordance with the provisions of the American with Disabilities Act, this RFP may be requested in an alternate format. If revisions to this RFP become necessary, the City will issue written addenda. All addenda must be acknowledged by each Proposer. A proposal may be rejected as non- responsive if the Proposer fails to submit an "Acknowledgement of Addendum" form with its proposal (see Form 5 in Section 3 of the RFP). Each Proposer should contact the City no more than five (5) calendar days prior to the deadline for submitting proposals to determine whether any addenda have been issued. No addendum will be issued less than five (5) calendar days before the date for submitting proposals, except an addendum withdrawing the RFP or postponing the deadline for the submittal of proposals. 1.5 REQUIREMENTS FOR SUBMITTAL OF PROPOSALS The specific requirements for preparing a proposal are set forth in Section 2 of this RFP. By submitting a proposal, the Proposer agrees to be subject to all of the terms and conditions specified herein. 1.6 DEADLINE FOR DELIVERY OF PROPOSALS Proposals must be delivered to the City's Purchasing Division in Room 202, City Hall, 100 N.W. 1st Ave., Delray Beach, Florida 33444-2698, before the deadline specified in Section 1.7 of this RFP. It is the Proposer's sole responsibility to ensure that its proposal is complete and delivered at the proper place before the deadline. Proposals that are not delivered before the deadline will not be considered by the City. Such proposals will be returned unopened. Proposals submitted by facsimile, telephone, or electronic means will not be accepted. A proposal may not be altered by the Proposer after the deadline for submitting proposals. 1.7 SCHEDULE AND DEADLINES FOR RFP A summary schedule of the major activities associated with this RFP is presented in Table 1, below. The City, at its sole discretion, may modify the schedule as the City deems appropriate. The City will provide notification of any changes to the schedule by issuing written addenda. Table 1 ACTIVITY DATE Issue RFP May 3, 2015 Deadline for Delivery of Written Questions and Objections May 18, 2015, 5:00 p.m. Deadline for Delivery of Proposals May 27, 2015, 10:00 A.M. Institute Cone of Silence May 27, 2015, 10:00 A.M. Selection Committee reviews Proposals June 2015 City Commission approval and award of contract (if applicable) June/July 2015 7 1.8 EVALUATION OF PROPOSALS BY SELECTION COMMITTEE The City Manager will designate a Selection Committee to review and evaluate the proposals submitted in response to this RFP. The review process will be conducted in two phases. In Phase One, the Selection Committee shall determine whether each Proposer is responsive. For the purposes of this RFP, a responsive Proposer means a Person that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, in Phase One, the Selection Committee will determine whether each Proposer correctly submitted and completed all of the necessary forms, documents, and information. In Phase Two of the review process, the Selection Committee will determine whether each Proposer is responsible. For the purposes of this RFP, a responsible Proposer means a Person that has the capacity in all respects to fully perform the contract requirements and has the integrity and reliability that will ensure good faith performance. In Phase Two, each proposal will be evaluated in light of the following criteria: 1. Proposer's experience in Florida. 2. Proposer's qualifications. 3. Proposer's approach to the project. 4. Proposer's prior performance when providing similar services. 5. Proposer's responsiveness and completeness of the proposal. 6. Any other relevant information concerning the Proposer's ability to provide outstanding service, value, and other benefits that are consistent with the best interests of the City, including Optional Services. 7. Proposer's cost of services. At any time during Phase One and Phase Two, the City may conduct any investigations it deems necessary to evaluate the proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries, interview some or all of the Proposers, visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a proposal. At any time during Phase One and Phase Two, the City may reject a proposal if the City concludes the Proposer is not qualified -- i.e., the Proposer does not satisfy the minimum criteria set forth in this RFP. During Phase Two, proposals will be evaluated in light of the weighted criteria listed below: Weight 1. Proposer's experience in Florida. 50% 2. Proposer's qualifications. 3. Proposer's approach to the project. 4. Proposer's prior performance when providing similar services. 5. Proposer's responsiveness and completeness of the proposal. 6. Any other relevant information concerning the Proposer's ability to provide outstanding service, value, and other benefits that are consistent with the best interests of the City, including Optional Services. Cost of services 50% 100% 8 These weighted criteria are provided to assist in the review of the proposals. These criteria also will guide the Selection Committee by establishing a general framework for the Selection Committee's deliberations during the short-listing and final ranking of Proposers. The Selection Committee will use a consensus approach during the review of the proposals. The Selection Committee will rank the Proposers using the weighted criteria, based on the evaluation of the merits of the Proposer's proposal. At its option, the Selection Committee may allow each Proposer on the short list to make a presentation to the committee. If presentations are allowed, the Selection Committee shall perform a final ranking of short-listed proposers. A consensus approach will be used for the final ranking. The Selection Committee will present its recommendation to the City Commission for approval and award of the contract. Please note that the Selection Committee and/or the City Commission may select the Successful Proposer without allowing any presentations or interviews by any Proposer. For this reason, each Proposer must ensure that its proposal contains all of the information requested in this RFP. 1.9 AWARD OF CONTRACT BY CITY COMMISSION The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non- responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 1.10 THE CITYS ACCEPTANCE OR REJECTION OF PROPOSALS The City reserves its exclusive right to: • reject any and all proposals that fail to satisfy the requirements and specifications in this RFP; • accept the proposal which, in the judgment of the City Commission, is the best overall proposal, based on the six (6) criteria listed in Section 1.8, above; • reject any and all non-responsive proposals; • waive minor irregularities in any proposal; • issue addenda or otherwise revise the requirements in this RFP; • reject all proposals, with or without cause; • issue requests for new proposals; • and cancel this RFP. The City shall decide, in its sole discretion, whether to reject a proposal as non- responsive. Among other things, a Proposal may be found to be non-responsive if the Proposer: failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; 9 failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. The City may reject a proposal for any reason that the City deems sufficient. For example, the City may reject one or more proposals if: the Proposer misstates or conceals any material fact in their proposal; the proposal does not conform to the requirements of Applicable Law; the proposal is subject to conditions or qualifications; a change occurs that makes this RFP unnecessary for the City; any Person submits more than one proposal under the same or different names; a Proposer fails to perform satisfactorily or meet its financial obligations on previous contracts; the Proposer employs unauthorized aliens in violation of Section 274(A)(e) of the Immigration and Naturalization Act; or the Proposer is listed on the U.S. Comptroller General's List of Ineligible Companies for Federally Financed or Assisted Projects. Any or all proposals may be rejected if the City concludes that collusion existed among two or more of the Proposers. Proposals received from the participants in such collusion will not be considered for the same work if this RFP is re-advertised. More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If a Proposer is involved in more than one proposal for the same work, the City may reject all proposals in which such Proposer is believed to be involved. The City may reject proposals if two (2) or more Proposers are planning a merger, or are in the process of merging with or acquiring other Proposers, and the City concludes that the Proposers are not submitting bona fide or uncompromised proposals. In such cases, the City may reject all proposals in which such Proposers are involved. Any and all compromised proposals will be rejected if there is reason to believe that collusion exists between Proposers. 1.11 LIMITATIONS ON PROPOSER'S RIGHTS By submitting a proposal, each Proposer acknowledges and agrees that the submittal of a proposal constitutes a binding offer by the Proposer and the offer shall not be withdrawn for at least ninety (90) days after the proposal is delivered to the City. Further, by submitting a proposal, each Proposer acknowledges and agrees that: (a) no enforceable contract will arise between the City and the Proposer unless the City signs the Agreement with the Proposer; (b) no action will lie against the City to compel the City to execute the Agreement or any other contract at any time; (c) the City is not obligated to award its Agreement to the Proposer that offers the lowest prices to the City; (d) the City shall be the sole judge of the procedure used to select the best proposal, and the determination of which proposal is most advantageous to or in the best interests of the City; and (e) each Proposer waives any and all claims it may have to damages, lost profits, costs, expenses, attorneys' fees, or other injuries if the City decides it will not sign the Agreement with the Proposer. 1.12 MISTAKES Proposers are expected to carefully examine the specifications in this RFP. FAILURE TO DO SO WILL BE AT PROPOSER'S RISK. In the event of arithmetic error(s), the unit price will prevail and the Proposer's total offer will be corrected accordingly. Written amounts shall take precedence over numerical amounts. Proposals having erasures or corrections must be initialed in blue ink by the Proposer. Failure to do so may result in 10 the rejection of the proposal. 1.13 LIMITED OR CONDITIONAL PROPOSALS The City will not accept additional terms or conditions that a Proposer includes with its proposal. A Proposer shall not attempt to limit, restrict, or qualify its proposal. A Proposer's adjustments, changes to, or deviations from the RFP will not be accepted by the City. Any and all such terms, conditions, limitations, and qualifications shall have no force and effect. 1.14 CONFLICTS OF INTEREST Each Proposer must disclose the name of any officer, director, agent, or employee of the Proposer, or any relative of an officer, director, agent, or employee of the Proposer, that is also an employee of the City. Further, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its subsidiaries or affiliates. No Proposer may own or have a financial interest in more than ten percent (10%) of any other Proposer, regardless of whether such ownership is direct or through a parent, subsidiary or holding company or any other business entity. 1.15 LEGAL REQUIREMENTS Each Proposer must comply with all federal, state, and local laws, ordinances, rules and regulations that are applicable to this RFP and the work to be performed under the Agreement. The Proposer's lack of knowledge about the Applicable Law shall not be grounds for relief from such laws, or constitute a defense against the enforcement of such laws. By submitting a proposal in response to this RFP, the Proposer represents that the Proposer is familiar with all federal, state, and local laws, ordinances, rules and regulations that are applicable to the services required under this RFP. If a Proposer discovers any provision in this RFP that is contrary to or inconsistent with any Applicable Law, the Proposer shall promptly report it to the City's Chief Purchasing Officer. 1.16 PUBLIC ENTITY CRIMES Pursuant to F.S. 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit a proposal on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Each Proposer must certify that the Proposer is not subject to these prohibitions regarding public entity crimes. See Form 2. 11 1.17 AN TI-DISC RIM I NATION The City is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination. The Successful Proposer will be prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, or gender identity or expression. 1.18 LITIGATION CONCERNING THE RFP AND AGREEMENT By submitting a proposal, the Proposer agrees that: (a) any and all legal actions necessary to interpret or enforce this RFP or the Agreement shall be governed by the laws of the State of Florida; and (b) the exclusive venue for any litigation concerning this RFP or the Agreement shall be the state and federal courts in and for Palm Beach County, Florida. 1.19 ADVERTISING By submitting a proposal, each Proposer agrees not to use the results of said submittal as a part of any advertising or Proposer sponsored publicity without the express prior written approval of the City. 1.20 PUBLIC RECORDS Any material submitted in response to this RFP will become a public record and shall be subject to public disclosure consistent with the Public Records Law (Chapter 119, Florida Statutes), except as may be provided by the Public Records Law or other applicable state or federal law. If a Proposer contends that part of its proposal is not subject to disclosure, the Proposer shall identify specifically any information contained in the proposal that the Proposer considers confidential or otherwise exempt from disclosure under the Public Records Law, and the Proposer shall cite the specific section of the law creating the exemption for such information. The City reserves its right to make all determinations concerning the applicability of the Public Records Law to any documents submitted in response to this RFP. The City shall have no liability to a Proposer for the public disclosure of any material submitted to the City in response to this RFP. 1.21 DRUG-FREE WORKPLACE Each Proposer must certify that it has a Drug-Free Workplace ("DFW") program. Each vendor must complete and submit the attached DFW form (Form 3) with its proposal. 1.22 FUNDING IS CONTINGENT The obligations of the City under this RFP and the Agreement are subject to the availability of funds lawfully appropriated for such purposes. 1.23 TAXES The City is exempt from federal excise and state sales taxes. Vendors and contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials used to fulfill contractual obligations with the City. 12 Vendors/Contractors shall not be authorized to use the City's tax exemption number when securing such materials. 1.24 PROTEST PROCEDURES As noted above, the Selection Committee will review each proposal in two (2) phases. During Phase One, the Selection Committee will determine whether each Proposer is responsive. During Phase Two, the Selection Committee will determine whether each Proposer is responsible. If the Selection Committee determines that a Proposer is not responsive or not responsible, the Chief Purchasing Officer shall post notice of the Selection Committee's determination in City Hall. The Chief Purchasing Officer also shall post notice in City Hall after the City Commission selects the Successful Proposer. Any Proposer who is aggrieved by the decisions of the Selection Committee or the City Commission may file a protest pursuant to Section 36.04 (entitled "Protest Procedures") of the Delray Beach Code of Ordinances. However, nothing contained in this RFP shall be deemed to limit the authority of the City Commission under special or general law. 1.25 LOBBYING All Proposers are advised that the Palm Beach County Lobbyist Registration Ordinance (Section 2-351 of the Palm Beach County Code of Ordinances) applies to the City and this RFP. Any violation of this requirement may cause the Proposer to be disqualified and prohibited from participating further in the RFP process. 1.26 LIMITATIONS ON COMMUNICATIONS -- CONE OF SILENCE Proposers are advised that a Cone of Silence will be in effect during this RFP. The Cone of Silence prohibits any communications, except written correspondence, regarding this RFP, between the Proposers or any Person representing the Proposers, and any member of the City Commission, the Commission's staff, any City employee authorized to act on behalf of the City to award the contract under this RFP, or any member of the Selection Committee. The Cone of Silence will commence and take effect at the deadline for submitting proposals, as indicated in Section 1.7, above. All written correspondence with the City must be directed to the Chief Purchasing Officer, who is the only Person authorized to receive such documents. Section 36.13 of the City Code provides "[a]ny person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances." The County Code provides as follows: ,,a. 'Cone of silence' means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. 13 b. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. c. The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. d. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. e. The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article 111, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. f. The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. g. Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable." 1.27 OFFICE OF THE INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present and proposed city contracts, transactions, accounts and records. The City has entered into an Inter-local Agreement for Inspector General Services. This agreement provides for the Inspector General to provide services to the City in accordance with the City functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the City and receiving City funds shall fully cooperate with the Inspector General, including providing access to records relating to the Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production 14 of records, and audit, investigate, monitor, and inspect the activities of the Contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General, or interference with or impeding any investigation shall be a violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 1.28 PROHIBITION ON PERSONS WITH OUTSTANDING OBLIGATIONS TO MUNICIPALITIES (CLEAN HANDS POLICY) No proposal shall be accepted from, nor will any contract be awarded to, any Person that is in arrears to the City for any debt or contract, or who is a defaulter, as surety or otherwise, of any obligation to the City, or who is deemed irresponsible or unreliable by the City. The City will be the sole judge of said determination. 1.29 PROHIBITION ON SCRUTINIZED COMPANIES As provided in Section 287.135, Florida Statutes, by entering into any agreement with the City, or performing any work in furtherance hereof, the Successful Propose r/Co n tractor certifies that Contractor and Contractor's affiliates, suppliers, subcontractors and consultants that will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes. If the City determines, using credible information available to the public, that a false certification has been submitted by the Successful Proposer/Contractor, the City's Agreement may be terminated and a civil penalty equal to the greater of$2 million or twice the amount of the Agreement shall be imposed, pursuant to Section 287.135, Florida Statutes. 1.30 COST OF PROPOSAL PREPARATION The Proposer assumes all risks and expenses associated with the preparation and submittal of a proposal in response to this RFP. The City shall not be liable for any expenses incurred by the Proposer when responding to this RFP, including but not limited to the cost of making presentations to the City. 1.31 SUBCONTRACTORS AND TEMPORARY LABOR If a Proposer has entered into a contract with a Subcontractor or intends to enter into a contract with a subcontractor to provide part or all of the services requested in this RFP, the Proposer must identify the subcontractor in its proposal, and identify the services that will be provided by the subcontractor. The Contractor shall be responsible for ensuring the subcontractor's compliance with the requirements in the Agreement. 1.32 NO ASSIGNMENT OR TRANSFER OF PROPOSALS Proposals shall not be assigned or transferred without the express written consent of the City. This prohibition includes and applies to assignments and transfers resulting from a sale or merger of a Proposer, or any other similar transaction that causes a material change in the ownership, management, or control of a Proposer. The Proposer shall immediately notify the City if the Proposer or a third-party releases any public 15 information (e.g., a press release; a filing with a state or federal agency) concerning a proposed sale or merger of the Proposer, or any similar transaction that may materially change the ownership, management, or control of the Proposer. Failure to comply with the requirements in this Section may result in the Proposer being disqualified from the City's RFP process. In all cases, the City shall have the exclusive authority to determine whether the City should reject the Proposer's proposal in light of the proposed sale, merger, acquisition, or other transaction. If the City discovers that a Proposer will be purchased by or merged with another business entity prior to the execution of the Agreement, the City shall have the sole right to determine whether the City will execute the Agreement with the new entity. 16 SECTION 2: SCOPE OF WORK 2.1 AUTHORIZATION TO BIND PROPOSER Each proposal must be manually signed in blue ink by a Person who is legally authorized to bind the Proposer to the proposal. Each proposal shall remain valid for at least ninety (90) days after it is submitted to the City. Proposals by corporations must be executed in the corporate name by the President or Vice-President (or other corporate officer if accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested to by the company's Secretary or an Assistant Secretary. The corporate address and state of incorporation shall be shown below the signature. Proposals by partnerships must be executed in the partnership name and signed by a partner. His or her title must appear under his or her signature and the official address of the partnership must be shown below the signature. 2.2 PROPOSAILIFORMAT Each proposal shall be typewritten, with a font size of at least eleven (11), on 81/2" x 11 white paper. Proposals shall be organized in chapters, as indicated in Table 2. Chapters shall be separated by tabs indicating the chapter numbers. All pages are to be consecutively numbered. If a form is provided and there is insufficient space for a response on the form, the response may be continued on a blank page immediately following the form. The additional pages shall be numbered the same as the form, with the addition of the letter "a", "b", "c", etc. If a form is provided and additional copies of the form are needed, the form may be copied by the Proposer. The copied pages shall be numbered the same as the form, with the addition of the letter"a", "b", "c", etc. Responses to this RFP must be complete and unequivocal. In instances where a response is not required or a question is not applicable to the proposal, a response such as "no response required" or"not applicable" shall be provided. Table 2 - Proposal Format Chapter 1 Letter of Intent and Form 1 Chapter 2 Proposer's Statement of Organization Chapter 3 Qualifications Chapter 4 Project Approach Chapter 5 References Chapter 6 Form 2, Form 3 and Form 4 Chapter 7 Form 5 Acknowledgement of Addenda Chapter 8 Form 6 Proposed Cost 17 2.3 PROPOSAL DESCRIPTION The City of Delray Beach is requesting sealed proposals from firms qualified to provide executive search and recruiting services to assist the City with the successful hiring of several key management positions during the next twelve (12) months. Firms must be properly licensed to conduct business in the State of Florida, with all licenses, permits, and certificates as required by all local, State of Florida, and Federal agencies. Scope of Work and Services A. Scope of Work—The Scope of work shall include, but not be limited to, the following: Development of a candidate profile; Development of a recruit plan and advertising; Solicitation of candidates; Development of a screening process; Review of initial candidates with the City Manager; Presentation of a written report on background, strengths, accomplishments of each recommended finalist; Facilitation of the final interview process with suggested interview questions; Coordination of all correspondence, travel arrangements and recordkeeping and detailed professional reference checks on recommended finalists, as requested. B. Required Services — The services and tasks listed below represent the minimum services required to be performed by the successful respondent. All proposals shall indicate in detail how the respondent will accomplish the services required herein and any other services proposed but not specifically stipulated in this document. Task 1: Marketing 1. Develop the ideal profile for each Management position after consultation with the City Manager and other staff, to obtain information regarding specific issues and opportunities facing the City; the desirable education, experience, and background of the candidate; and identification of the management skills and style that are appropriate for the position. 2. Develop and implement a marketing strategy to identify qualified candidates, including the placement of advertisements in appropriate local government magazines, professional journals, publications and all web-based forms of communication. All advertising must be approved by the City prior to placement. Task 2: Sourcing 1. Review all initial materials submitted by prospective applicants. 2. Develop and implement a screening process that narrows the field of those whose background, experience, and education best meet the needs of the City. 3. Conduct preliminary telephone interviews of screened candidates. 4. Provide written reports of all findings. Task 3: Assessment 1. Prepare and deliver a product in the form of a search report that recommends the top group of candidates and provides the City with detailed information about applicant backgrounds and experience from interviews and other sources. 2. Recommend and finalize a process with the City Manager for interviews and coordinate candidate's participation in interviews. 3. Facilitate the selection process and final interview, including development of interview questions. 18 Task 4: Reference & Background Checks 1 Provide a process for reference checks of candidates at each stage of the process including the qualification stage and the shortlist stage. 2. Ensure background checks include educational and employment backgrounds, financial/credit, newspaper, web research and criminal and civil litigation checks. 3. Background checks shall also include a review of the applicant's technical ability, as well as the applicant's ability to effectively interact and communicate with the community and co-workers, both publicly and privately. Task 5: Consulting 1. Review current compensation package and recommend changes, if necessary, based upon market and competitive conditions. 2. Assist in negotiating a total compensation package with the desired candidate. 3. Provide the City Manager with regular written status reports and keep candidates apprised of their status. 4. Develop a timeline for various activities during the process including specific actions necessary by both parties and key decision points. 5. Facilitate and deliver on-going communication, oral presentations, and detailed progress reports throughout the contract. 6. Develop a review process for screening applicants that may involve City employees. 7. Provide, upon request, related consulting services not specifically listed, that may be necessary in the recruitment process. 8. The Proposer should identify any employers where the recruiter is legally prohibited from recruiting. C. The term of the contract will be twelve (12) months from award. The rates must remain as quoted for the term of the contract. The City has two positions which will need immediate recruitment and additional services may be needed. 19 SECTION 3: FORMS FOR PROPOSALS Each Proposer must complete and submit the six (6) forms included in this Section 3 of the RFP. A Proposer may be disqualified if its forms are not completed fully and in compliance with the instructions contained herein. Form 1. Proposer's Submittal Form 2. Public Entity Crimes Form 3. Drug-Free Workplace Form 4. Conflict of Interest Form 5. Acknowledgement of Addenda Form 6. Cost Proposal 20 FORM 1 PROPOSAL SUBMITTAL SIGNATURE PAGE By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Firm Name Sig nature Name and Title(Print or Type) Date By signing this document, the Proposer agrees to all terms and conditions of this Solicitation and the resulting contract/agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL. 21 FORM 2 PUBLIc ENTITY CRIMES NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub-Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Sig nature Name and Title(Print or Type) Date 22 FORm 3 DRUG-FREE WORKPLACE If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1 This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Firm Name Signature Name and Title(Print or Type) Date 23 FORm 4 CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal: the name of any officer, director, or agent who is also an employee of the City of Delray Beach. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the Proposer's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this proposal. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this proposal. Acknowledged by: Firm Name Signature Name and Title(Print or Type) Date 24 FORm 5 ACKNOWLEDGMENT OF ADDENDA The Proposer hereby acknowledges the receipt of the following addenda, which were issued by the City and incorporated into and made part of this RFP. The Proposer acknowledges that it is solely responsible for ensuring that it is aware of, and in receipt of, all addenda. ADDENDUM DATE PRINT NAME OF TITLE OF SIGNATURE OF NUMBER RECEIVED PROPOSER'S PROPOSER'S PROPOSER'S AGENT AGENT AGENT 25 FORm 6 COSTPROPOSAL EXECUTIVE SEARCH AND RECRUITING SERVICES A. Pricing per recruitment Description Cost Task 1 Task 2 Task 3 Task 4 Task 5 Total per recruitment B. Other services Resource Hourly Rate C. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin, Broward and Dade County Governmental agencies? F-1 Yes F-1 N o D. BID INFORMATION WAS OBTAINED FROM: F-1 DemandStar El Newspaper Ad F-1 City Hall El Email F-1 Other, please specify: 26 SECTION 4: AGREEMENT This Contract is made as of this day of 2015, by and between the City of Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as the CITY and [Vendor's Name and Address, (select one of the following) an individual, a partnership, a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR. In consideration of the mutual promises contained herein, the CITY and the CONTRACTOR agree as follows: ARTICLE 1 - SERVICES The CONTRACTOR's responsibility under this Contract is to in accordance with Exhibit A, Scope of Work/Services, and Exhibit B, CONTRACTOR's proposal dated [insert date] both of which are attached hereto and incorporated herein. The CITY's representative/liaison during the performance of this Contract shall be [Name, Title, Phone] or designee. The CONTRACTOR's representative/liaison during the performance of this Contract shall be [Name, Title, telephone number]. ARTICLE 2 - SCHEDULE The CONTRACTOR shall commence services on [DATE], and complete all services by [DATE]. Reports and other items shall be delivered and/or completed in accordance with Exhibit A. ARTICLE 3 - PAYMENTS TO CONTRACTOR A. The total amount to be paid by the CITY under this Contract for all services and materials shall not exceed a total contract amount of[amount] Dollars ($amount). B. The CONTRACTOR shall notify the CITY's representative, in writing, when ninety percent (90%) of the "not-to-exceed amount" has been reached. The CONTRACTOR will bill the CITY on a monthly basis, or as otherwise provided, at the amounts set forth in Exhibit B for services rendered toward the completion of the Scope of Work/Services. Where incremental billings for partially completed items is permitted, the total billings shall not exceed the estimated percentage of completion as of the billing date. C. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the CITY's representative, indicating that services have been rendered in conformity with the Contract. Approved invoices will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the CITY representative's approval. D. Final Invoice: In order for both parties herein to close their books and records, the CONTRACTOR will clearly state "final invoice" on the CONTRACTOR's final/last billing to the CITY. This shall constitute CONTRACTOR's certification that all services have been properly performed and all charges and costs have been invoiced to the CITY. Any further charges, if not properly included on this final invoice, are waived by the CONTRACTOR. ARTICLE 4 - PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed CITY contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities 27 contracting with the CITY, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 5 - TERMINATION This Contract may be terminated by the CONTRACTOR upon sixty (60) days prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the CITY, with cause upon five (5) business days written notice to the CONTRACTOR or without cause upon thirty (30) business days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the CITY's satisfaction through the date of termination. After receipt of a Termination Notice, except as otherwise directed by the CITY, in writing, the CONTRACTOR shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in process, completed work, and other materials related to the terminated work to the CITY. 4. Continue and complete all parts of the work which have not been terminated. ARTICLE 6 - PERSONNEL The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereinunder shall be performed by the CONTRACTOR, or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. Any changes or substitutions in the CONTRACTOR's key personnel, as may be listed in Exhibit B, attached hereto and incorporated herein, must be made known to the CITY's representative and written approval must be granted by the CITY's representative before said change or substitution can become effective. The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. All of the CONTRACTOR's personnel (and all subcontractors) will comply with all CITY requirements governing conduct, safety, and security while on CITY premises. ARTICLE 7 - FEDERAL AND STATE TAX The CITY is exempt from payment of Florida State Sales and Use Taxes. The CITY will provide an exemption certificate submitted by the CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the CITY, nor is the CONTRACTOR authorized to use the CITY's Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Contract. 28 ARTICLE 8 - AVAILABILITY OF FUNDS The CITY's performance and obligation to pay under this Contract is contingent upon an annual appropriation for its purpose by the City Commission. ARTICLE 9 - INDEMNIFICATION CONTRACTOR shall protect, defend, reimburse, indemnify and hold CITY, its agents, employees and elected officials harmless from and against any and all claims, liability, loss, expense, cost, damages, or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their performance of the terms of this Contract or due to the acts or omissions of CONTRACTOR. ARTICLE 10 - SUCCESSORS AND ASSIGNS The CITY and the CONTRACTOR each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the CITY nor the CONTRACTOR shall assign, sublet, convey, or transfer its interest in this Contract, without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONTRACTOR. ARTICLE 11 — REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the CITY and/or CONTRACTOR. ARTICLE 12 - CONFLICT OF INTEREST The CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Chapter 112, Part 111, Florida Statutes and the Palm Beach County Code of Ethics. The CONTRACTOR further represents that no person having any conflict of interest shall be employed for said performance or services. The CONTRACTOR shall promptly notify the CITY's representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence, or appear to influence, the CONTRACTOR's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONTRACTOR may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of 29 interest if entered into by the CONTRACTOR. The CITY agrees to notify the CONTRACTOR of its opinion by certified mail within thirty (30) days of receipt of notification by the CONTRACTOR. If, in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONTRACTOR, the CITY shall so state in the notification and the CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the CONTRACTOR under the terms of this Contract. ARTICLE 13 - EXCUSABLE DELAYS The CONTRACTOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONTRACTOR, or its subcontractor(s), and without their fault or negligence. Such causes include, but are not limited to: acts of God; force majeure; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONTRACTOR's request, the CITY shall consider the facts and extent of any failure to perform the work; and, if the CONTRACTOR's failure to perform was without it or its subcontractors' fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at any time. ARTICLE 14 - ARREARS The CONTRACTOR shall not pledge the CITY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 15 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CONTRACTOR shall deliver to the CITY's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the CITY under this Contract. To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY, or at its expense, will be kept confidential by the CONTRACTOR and will not be disclosed to any other party, directly or indirectly, without the CITY's prior written consent, unless required by a lawful court order. All drawings, maps, sketches, programs, data bases, reports and other data developed or purchased under this Contract for the CITY, or at the CITY's expense, shall be and remain the CITY's property and may be reproduced and reused at the discretion of the CITY. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP The CONTRACTOR is, and shall be, in the performance of all work, services, and activities under this Contract, an Independent Contractor and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR's sole direction, 30 supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONTRACTOR's relationship, and the relationship of its employees, to the CITY shall be that of an Independent Contractor and not as employees or agents of the CITY. The CONTRACTOR does not have the power or authority to bind the CITY in any promise, agreement, or representation other than specifically provided for in this Contract. ARTICLE 17 - CONTINGENT FEE The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 18 - PUBLIC RECORDS, ACCESS AND AUDITS The CONTRACTOR shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The CITY shall have access to such records as required in this section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR's place of business. Notwithstanding anything herein to the contrary, as provided under Section 119.0701, F.S., where the CONTRACTOR: (i) provides a service and (ii) acts on behalf of the CITY as provided under Section 119.011(2) F.S., the CONTRACTOR is required to: 1. maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service; 2. provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided by Florida law; 3. ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4. meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Contract. ARTICLE 19 - NONDISCRIMINATION The CITY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. 31 ARTICLE 20 - AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has, and will continue to maintain, all licenses and approvals required to conduct its business; and, that it will, at all times, conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the CITY's representative upon request. ARTICLE 21 - SEVERABILITY If any term or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 22 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, as amended, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 23 - SCRUTINIZED COMPANIES As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473. If the CITY determines, using credible information available to the public, that a false certification has been submitted by CONTRACTOR, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. ARTICLE 24 - MODIFICATIONS OF WORK The CITY reserves the right to make changes in Scope of Work, including alterations, reductions therein, or additions thereto. Upon receipt by the CONTRACTOR of the CITY's notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change; (2) notify the CITY of any estimated change in the completion date; and (3) advise the CITY if the contemplated change shall affect the CONTRACTOR's ability to meet the completion dates or schedules of this Contract. If the CITY so instructs, in writing, the CONTRACTOR shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the CITY's decision to proceed with the change. 32 If the CITY elects to make the change, the CITY shall initiate a Contract Amendment, and the CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed on behalf of Palm Beach County. ARTICLE 25 - NOTICE All notices required in this Contract shall be sent by certified mail (return receipt requested), hand delivered, or sent by other delivery service requiring signed acceptance. If sent to the CITY, notices shall be addressed to: [City of Delray Beach] With a copy to: If sent to the CONTRACTOR, notices shall be addressed to: [Contractor] ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT The CITY and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms, and conditions contained in the Contract may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 25 - Modifications of Work. ARTICLE 27— REGULATIONS AND LICENSING REQUIREMENTS The CONTRACTOR shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. CONTRACTOR is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. 33 IN WITNESS WHEREOF, the [MAYOR OR CITY MANAGER], on behalf of the CITY, and the CONTRACTOR have executed this Contract on the day and year written above. Approved as to Terms and Conditions Department Head City of Delray Beach Approved as to Purchasing Compliance Contractor: Chief Purchasing Officer Company Name Approved as to Form and Legal Signature Sufficiency City Attorney Name and Title(type or print) 34 Opening 05.27.2015 @ 10:00 A.M. City of Delray Beach Executive Search and Recruiting Services BID#2015-51 Colin Baenziger&Associates A. Pricing per Recruitment I Task 1 $ 1,750.00 Task 2 $ 8,500.00 Task 3 $ 7,500.00 Task 4 $ 1,750.00 Task 5 $ 1,750.00 Total per recruitment $ 21,250.00_ B. Other Services ,Resource Hourly Rate $ 150.00 Ralph Andersen &Associates Director/Senior Other Mid Level Assistant City Level Staff(i.e. Staff(i.e. Code A. Pricing per Recruitment Manager CITO) Enforcement) Task 1 $ 1,500.00 $ 1,500.00 $ 1,500.00 Task 2 $ 2,500.00 $ 2,500.00 $ 2,500.00 Task 3 $ 7,500.00 $ 7,000.00 $ 6,500.00 Task 4 $ 5,000.00 $ 4,500.00 $ 3,500.00 Task 5 $ 3,500.00 $ 3,000.00 $ 2,500.00 Task 6 $ 2,500.00 $ 2,500.00 $ 2,500.00 Task 7 Included Included Included Task 8 $ 750.00 $ 750.00 $ 750.00 Total per recruitment $ 23,250.00 $ 21,750.00 $ 19,750.00 B. Other Services Supplemental Services (offered Full Rate Schedule (available on an As- in Conjunction with Full Search Needed Basis: Search Services not Services (40% Professional Resource Hourly Rate required Discount) Project Director $ 125.00 $ 75.00 Consultant $ 110.00 $ 65.00 Research Assistance $ 60.00 $ 36.00 ,Graphics $ 60.00 , $ 36.00 lClerical Assistance 1 1 $ 50.00 1 $ 30.00 Posted 05.27.2015 Opening 05.27.2015 @ 10:00 A.M. City of Delray Beach Executive Search and Recruiting Services BID #2015-51 Slavin Management Consultants A. Pricing per Recruitment Task 1 $ 7,080.00 Task 2 $ 2,080.00 Task 3 $ 1,440.00 Task 4 $ 3,920.00 Task 5 $ 1,280.00 Total per recruitment $ 15,800.00 B. Other Services ,Resource Hourly Rate N/A Strategic Government Resources A. Pricing per Recruitment Task 1 16,500.00 Task 2 8,500.00 Task 3 Task 4 Task 5 Total per recruitment 25,000.00 ,B. Other Services N/A lResource Hourly Rate The Mercer Group, Inc. A. Pricing per Recruitment I Task I Included Task 2 Included Task 3 Task 4 Task 5 Total per recruitment 14,750.00 ,B. Other Services lResource Hourly Rate 1 L��L Posted 05.27.2015 Opening 05.27.2015 @ 10:00 A.M. City of Delray Beach Executive Search and Recruiting Services BID#2015-51 Waters& Company Executive Recruitment A. Pricing per Recruitment Task 1 $ 4,850.00 Task 2 $ 4,850.00 Task 3 $ 6,150.00 Task 4 $ 3,800.00 Task 5 $ 4,850.00 Total per recruitment $ 24,500.00 B. Other Services ,Resource Hourly Rate N/A Posted 05.27.2015 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 [Z] 36.03(A) $25,000 and above (4) Speciality Good E] 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Yes 0 No (�) Proposed 12 Months from contract execution Effective Date: Contract Term: I Comments and Notes: Award RFP 2015-51 Executive Search and Recruiting. Cost is $23,700 per recruitment. Multiple recruitments will exceed $25,000. MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: May 21, 2015 SUBJECT: AGENDA ITEM 8.P.-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 ROSA GIESMAN AND NHCHAEL GIESMAN V.CITY OF DELRAY BEACH BACKGROUND This agenda item requests the Commission to consider an offer made by one of the Plaintiffs, Rosa Giesman, to settle her pending personal injury case against the City where she alleged she was injured when she was struck by a City of Delray Beach vehicle. On May 4, 2015, Plaintiff Rosa Giesman filed a Proposal for Settlement in the amount of$100,000.00 to settle her case. RECOMMENDATION The City Attorney recommends denial of the settlement offer for the reasons discussed in the Confidential Memo previously distributed to the City Commission. MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: June 4, 2015 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF JUNE 16,2015 DISCUSSION: STATUS OF AUBURN TRACE,LTR BANKRUPTCY; CASE NO. 15-10317-PCH BACKGROUND On Friday, May 29, 2015, the City acquired the IberiaBank first mortgage for the Auburn Trace apartment complex property. As a result of this acquisition, the City now controls all of the secured debt for this asset class with the exception of the third mortgage in favor of the Small Business Administration(SBA). The SBA loan has an outstanding balance of approximately $200,000. Mr. Robert Furr, Special Bankruptcy Counsel will be present at the June 16, 2015 City Commission meeting to update the Commission on the status of the case and to discuss potential next steps now that the City has acquired the first mortgage. MEMORANDUM TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: June 4,2015 SUBJECT: AGENDA ITEM 8.P_-REGULAR COMMISSION NMETING OF JUNE 16,2015 NOMINATION FOR APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOA" BACKGROUND The term for regular member, Ms. Annette Gray, will expire on July 1, 2015. Ms. Gray will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Nomination for appointment is needed for one(1)regular member to serve a four(4)year term ending July 1, 2019. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Maxwell Van Arnem. Based on the rotation system, the nomination for appointment will be made by Commissioner Petrolia (Seat#1) for one(1)regular member to serve a four(4)year term ending July 1,2019. DISCUSSION This item is before the City Commission for nomination for an appointment to the Community Redevelopment Agency Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for appointment for one (1) regular member to serve on the Community Redevelopment Agency Board for a four-year(4)term ending July 1,2019. COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A Peter Arts Insurance Agent(also applying to the Downtown Development Authority Board) David Beale Attorney (also applying for the Downtown Development Authority Board) Michael Caruso Certified Public Accountant/President/Owner of Caruso & Haugh, CPAs, LLC. Mark Denkler Business Owner(Currently serving on the Downtown Development Authority Board) Annette Gray Real Estate Broker/Marketing Incumbent Frederick Kaub License Asbestos Consultant/Environmental Services (Currently serving on the Green Implementation Advancement Board) Kat Kadian-Baumeyer Real Estate Associate (also applying to the Downtown Development Authority Board) Victor Kirson Retired Dentist William Morris Self-employed/Real Estate Developer Christina Morrison Self-employed/Commercial Realtor Kenneth Peltzie Health Administration/Self-employed (also applying to the Downtown Development Authority Board) Brett Porak General Contractor/Real Estate Associate Ana Puszkin-Chevlin Urban Planning and Development Consultant/Self-employed Daniel Rose Attorney (also applying to the Downtown Development Authority Board) Jesse Saginor Urban Regional Planning Associate Professor(also applying to the Downtown Development Authority Board) Dedrick Straghn Attorney Dorota Szwem Architect (also applying to the Downtown Development Authority Board) Maxwell Van Arnem Real Estate Sales Associate (also applying to the Downtown Development Authority Board) Kevin Warner Retired Educator and Financial Analyst Bryan Weber Attorney (Also applying to the Downtown Development Authority Board and currently serving on the Board of Adjustment) COMMUNITY REDEVELOPMENT AGENCY 4YEARTERM 20 N. Swinton Avenue Delray Beach, FL 33444 06/15 Jeff Costello Executive Director of CJ?A TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01/2017 Joseph Bemadel Chief Operating Appt 06/18/13 Officer 07/01/2015 Annette Gray, Vice Chair Real Estate Broker Appt 06/21/11 07/01/2017 Reginald Cox Chief Building Appt 07/09/13 Official 07/01/2018 Cathy Balestriere, First Vice Chair Managing Director Appt 06/17/14 07/01/2016 William Branning,Treasurer Unexp Appt 05/02/06 Contractor Reappt 07/01/08 Reappt 06/05/12 07/01/2017 Paul Zacks Appt 07/25/13 Attorney 07/01/2017 Herman Stevens, Chair Att rney Appt 06/16/09 Reappt 06/18/13 Contact person:Jeff Costello 276-8640 S/City Clerk/Board 15/CRA Z-NI, /Ikg r2lb9mms /A FK -41� 7� 7� 7� 7� 7� 77� 77� 77� C.0 C.0 cz 55 MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: June 4, 2015 SUBJECT: AGENDA ITEM 8.S.-RIEGULAR COMMISSION MEETING OF JUNE 16,2015 NOMINATIONS FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD BACKGROUND The term for regular members, Ms. Bonnie Beer and Mr. David Cook, will expire on July 1, 2015. Mr. Cook will have served two (2) full terms and is not eligible for reappointment. Ms. Bonnie Beer will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Nominations for appointments are needed for two (2) regular members to serve three (3) year terms ending July 1, 2018. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Albert Richwagen, Ms. Bonnie Beer, 1W. David Cook, Mr. Mark Denkler and Mr. Ryan Boylston. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit"A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Maxwell Van Arnem. Based on the rotation system, the nomination for appointment will be made by Commissioner Jacquet (Seat #2) and Commissioner Katz (Seat #3) for two (2) regular members to serve on the Downtown Development Authority for three (3) year terms ending July 1, 2018. DISCUSSION This item is before the City Commission for nominations for appointment to the Downtown Development Authority Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for two (2)regular members to serve on the Downtown Development Authority for three (3) year terms ending July 1, 2018. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Peter Arts Insurance Agent(also applying to the Community Redevelopment Agency Board) David Beale Attorney Tax Qualification Bonnie Beer Restaurateur/Business Owner Tax Qualification Alan Costilo Business Owner Tax Qualification Cynthia (Cindi)Freeburn Business Owner Bruce Gimmy Business Owner Tax Qualification (Currently serving on the Parking Management Advisory Board) Kat Kadian-Baumeyer Real Estate Associate (also applying to the Community Redevelopment Agency Board) Andrew O'Brien Real Estate Associate Kenneth Peltzie Health Administration/Self-employed (also applying to the Community Redevelopment Agency Board) Annie Roof Attorney Daniel Rose Attorney Tax Qualification (also applying to the Community Redevelopment Agency Board) Jesse Saginor Urban Regional Planning Associate Professor(also applying to the Community Redevelopment Agency Board) Dorota Szwem Architect (also applying to the Community Redevelopment Agency Board) Maxwell Van Arnem Real Estate Sales Associate Tax Qualification (also applying to the Community Redevelopment Agency Board) Bryan Weber Attorney (also applying to the Community Redevelopment Agency Board and currently serving on the Board of Adjustment) DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4 1h Avenue, Suite #108 Delray Beach, FL 33483 3-years tenn 06/15 Marjorie Ferrer Executive Director ofDDA TERM REGULAR MEMBERS EXPIRES 07/01/2017 Albert Richwagen, Secretary *Tax qualification Appt 06/21/11 Reappt 07/01/14 07/01/2017 Ryan Boylston *Tax qualification Appt 07/05/11 Reappt 06/17/14 07/01/2015 Bonnie Beer, Treasurer *Tax qualification Appt 06/19/12 07/01/2017 Frank Fn'one Appt 06/17/14 07/01/2015 David Cook, Chair *Tax qualification Unexp Appt 05/15/07 Reappt 07/07/09 Reappt 07/05/12 07/01/2017 Mark Denkler *Tax qualification Appt 12/02/14 07/01/2016 Seabron A. Smith, Vice Chair Unexp Appt 07/21/09 Reappt 07/06/10 Reappt 06/18/13 Contact person: MarJonie Ferrer Phone: 243-1077 Membership increased to 7 members on 07/01/99 S/City Clerk/Board 15/DDA Marjorie Ferrer, Executive Director Delray Beach Downtown Development Authonity 85 SE 4th Avenue, Suite #108. Delray Beach, FL 33483 Fax: 561-243-1079 Cell: 561-271-3168 Z-NI, /Ikg r2lb9mms /A 00A 4 4 4 FK4 4 4 4 4 jz� c i:z z �2 �z 710� ;R 1!, '5. 1:11 21 1! 4 N�V N�z N�V N�V N�V N�V N�V N�V N�V N�V N�V N�V NN�V N�V \�Z'Vz \�Z MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 17, 2015 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF JUNE 16,2015 ORDINANCE NO. 12-15(FIRST READING) BACKGROUND The item before the City Commission is the consideration of a privately initiated Future Land Use Map amendment from Medium Density Residential (MD) to Commercial Core (CC), and rezoning from RM (Multiple Family Residential) to CBD (Central business District), for two parcels located on SW 6th Avenue and SW 7th Avenue between West Atlantic Avenue and SW Ist Street. The two parcels measure a total of.3 1 acres. The property on SW 6th Avenue is located on the west side of the street, approximately 335 feet south of West Atlantic Avenue and consists of approximately 0.15 acres. The vacant property has a legal description of the North 50' or the South 250' of the East 135' of Block 13, Town of Delray. The property on SW 7th Avenue is located on the east side of the street, approximately 365 feet south of West Atlantic Avenue and consists of approximately 0.16 acres. The vacant property has a legal description of the South 50' of the North 435' of the West 135' of Block 13, Town of Delray. The properties are zoned RM (Multiple Family Residential - Medium Density) and have a Future Land Use designation of MD (Medium Density Residential). The Community Redevelopment Agency (CRA) owns the subject properties, and are in agreement to develop the subject parcels together with other properties totalling 6.2 acres as a mixed-use development presently known as Uptown Atlantic. The Uptown Atlantic project will span from SW 6th Avenue to SW 9th Avenue along the south side of West Atlantic Avenue. The mixed-use development proposal consists of 112 dwelling units, 17,200 square feet of office, 6,250 square feet of restaurant, and 44,841 square feet of retail with recreational facilities that includes a playground, tot lot, swimming pool, public pocket park, and dog walking area. The requested Future Land Use Map designation from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), for the subject properties is to allow the use of the property to be a part of the overall development, and will contain a portion of a townhouse, a park/tot lot, and parking. REVIEW BY OTHERS At its meeting of May 18, 2015, the Planning and Zoning Board held a public hearing associated with the CC (Commercial Core) Future Land Use Map amendment, and CBD (Central Business District) rezoning request. Concerns with the requested Future Land Use and Zoning designations raised by members of the public were addressed to their satisfaction. After a brief discussion, the Board unanimously recommended approval of the proposed FLUM and Rezoning on a 5-0 vote (Pike and Krall stepped down). RECOMMENDATION Approve on first reading Ordinance 12-15 for a Future Land Use Map amendment from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). ORDINANCE NO. 12-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AQ TO CC (COMMERCIAL CORE), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT", FLORIDA STATUTES SECTION 163.3187, FOR LAND LOCATED ON THE WEST SIDE OF SW 6 TH AVENUE, 334 FEET SOUTH OF WEST ATLANTIC AVENUE, AND LAND LOCATED ON THE EAST SIDE OF SW 7 TH AVENUE, 365 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY 2015"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, Delray Beach Community Redevelopment Agency, is the fee simple owner of a 0.15 5 acre parcel of land located on the west side of SW 6 th Avenue, 334 feet south of West Atlantic Avenue, and a 0.16 acre parcel of land located on east side of SW 7 th Avenue, 365 feet south of West Atlantic Avenue; and WHEREAS, the subject properties hereinafter described have an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5-12du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5-12du/ac)to CC (Commercial Core); and WHEREAS, the property hereinafter described is shown on the "Zoning District Map of the City of Delray Beach, Florida, dated February 2015", as being zoned RM (Medium Density Residential)District; and WHEREAS, at its meeting of May 18, 2015, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the Future Land Use Map designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Future Land Use Map of the City of Delray Beach, Florida be amended to reflect the revised Future Land Use Map designation; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as CC (Commercial Core). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business) District for the following described property: The North 50 feet of the South 250 feet of the East 135 feet, Block 13, Town of Delray f/k/a as Linton, according to the map of plat thereof, as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. 2 ORD NO. 12-15 And The South 50 feet of North 435 feet of West 135 feet, Block 13, City of Delray Beach, Formerly Known as Town of Linton, according to the plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective as follows: thirty-one (3 1) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the day of 12015. ATTEST MAYOR City Clerk First Readin Second Reading 3 ORD NO. 12-15 LLI Lij CD T- 0) ifiT 1ST ST. A V E N U E LL > LJ > 777 1ST ST. T-- �D REZONNG PROPERTY UPTOWN ATLANTIC PLAWNG AND ZONING SWXCT PROPERTY DEPARTMENT LOCATION MAP DIGITAL Z?4S4'AMP SYS7FY-- MAP REF. S.,\Plorsnlng & Zonlng\0BMS\Fllo—Cab\Z—LM 101-1500\LM1490—upiowri AttanVc 7_4 CIA ir P/194 04� 0 A&G-A AV404 42 PA F I RvAl 0��; , I i WWI ®RWO 0,121m, a 0 1 4 A H84 4.10 01,#04 -,rA lo' Arl F4i TA WT 711 -�l %-er- 40 Val .14 F Ilk At A&A ell" A I PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 18, 2015 ITEM: Privately-in iti ated small-scale Future Land Use Map amendment from MD (Medium Density Residential 6-12 du/ac) to CC (Commercial Core), and an associated Rezoning from RM (Medium Density Residential) District to CBD (Central Business District) District, for two parcels measuring 0.31 acres, in conjunction with the Uptown Atlantic mixed-use development, located on the south side of West Atlantic Avenue, between SW 6th Avenue and SW 9th Avenue. NOTE: The rezoning requires a Quasi-Judicial Hearing. GENERAL DATA: Id h.I'_�] Owner....................................... Delray Beach CRA RIIN LUTHER Applicant............................... John Flynn, Jr., Equity Enterprises USA, Inc. Agent.......................................... Currie Sowards Aguila Architects Location...................................... West side of SW 6 th Avenue, th _J1 El�' and East side of SW 7 1ST Avenue, between West Atlantic Avenue and SW 1st 2� Street Property Size.............................. .31 acres Existing FLUM....................... MID (Medium Density Residential 5- 12 du/ac) 1E 7 Proposed FLUM..................... CC (Commercial Core) I A T L A N T I G A V E N U E Existing Zoning ..................... RM (Medium Density Residential) L Proposed Zoning.................... CBD (Central Business District) Adjacent Zoning................North: CBD East: RM South: RM West: CBD ST. Existing Land Use...................... Vacant Proposed Land Use.................... Construct a portion of a �77777777 townhome, park/tot lot, and parking as part of a larger development Water Service............................. Available via connections to an 8" main within SW 6 th and 2ND SW 7 th Avenues Sewer Service............................. Available via connections to existing sewer lines within SW 6 th and SW 7 th Avenues N FT-71 3RD FT-71 V. B. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a privately-initiated small-scale Comprehensive Plan/Future Land Use Map amendment and rezoning for two properties associated with Uptown Atlantic, a proposed mixed-use development located on the south side of West Atlantic Avenue, between SW 6 th Avenue and SW 91h Avenue. The two properties are currently vacant; one is located on SW 6 1h Avenue, and the other is located on SW 7 1h Avenue. The small-scale Comprehensive Plan amendment consists of a Future Land Use Map (FLUM) change from MD (Medium Density Residential, 6-12 du/ac) to CC (Commercial Core). The rezoning consists of a zoning change from RM (Medium Density Residential) to CBD (Central Business District). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to amendments to the Future Land Use Map or the Rezoning of any property within the City. BACKGROUND The Uptown Atlantic mixed-use development is proposed on the south of West Atlantic Avenue between SW 6 1h Avenue and SW 9th Avenue and consists of 6.21 acres. Nearly the entire property (5.9 acres) is zoned CBD and with a FLUM designation of CC. The remaining .31 acres consists of two vacant parcels on SW 6 1h Avenue and SW 7 1h Avenue which are zoned RM each with a FLUM designation of MD. The mixed-use development proposal consists of a Conditional Use request for an increase in density to permit 18 units per acre, whereas 12 units per acre are proposed. The associated Class V Site Plan application involves the demolition of all existing buildings and associated site improvements to accommodate the construction of 112 dwelling units, 17,200 square feet of office, 6,250 square feet of restaurant, and 44,841 square feet of retail with recreational facilities that includes a playground, tot lot, swimming pool, public pocket park, and dog walking area. The two vacant parcels associated with the FLUM Amendment and rezoning will accommodate parking, a park area/tot lot, and a portion of a townhome. FUTURE LAND USE MAP AMENDMENT ANALYSIS Current Land Use Designation: The current Future Land Use Map designation for the subject properties is MD (Medium Density Residential, 6-12 du/ac). Requested Land Use Designation: The requested Future Land Use Designation is CC (Commercial Core). The proposed FLUM amendment is being processed as a small scale Comprehensive Plan amendment. Florida Statutes F.S. 163.3187 provides a small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer; Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 2 of 10 (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section; (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s.420.0004(3), and is located within an area of critical state concern designated by s.380.0552 or by the Administration Commission pursuant to s. 380.05(l). This is the first amendment for 2015, which consists of .31 acres, thus the maximum of 120 acres has not been exceeded. The proposed FLUM amendment does not involve a text change to the Goals, Policies, or Objectives of the Comprehensive Plan. The request is a FLUM amendment for two site-specific vacant parcels of land which are part of a larger, mixed-use redevelopment project. The subject property is not located within an area of critical state concern; the overall development will include the construction of affordable housing units. Thus, the proposed FLUM amendment can be processed as a small scale amendment because it complies with all of the above conditions. The proposed land use change is to assist in accommodating the mixed-use development in compliance with the permitted and conditional uses of the CBD. While the RM zoning district would permit the residential component, albeit just 2 units on each property, the inclusion of the subject properties assists with providing a quality mixed-use development to the West Atlantic Avenue neighborhood. The proposed CC (Commercial Core) Future Land Use Map (FLUM) designation and the requested zoning designation of CBD (Central Business District) are consistent with each other. The CBD zoning designation allows mixed-use development, such as the one proposed, which will be an asset to the revitalization of the West Atlantic Avenue neighborhood, provide amenities and additional employment opportunities for residents, while improving the streetscape into the downtown. Pursuant to LDR Section 3.1.1, Required Findings, prior to approval of Land Use applications, cerfain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Pursuant to LDR Section 3.1.1(A), Future Land Use Map, the resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Policy A-1.7 Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supporled by data and analysis that demonstrate compliance with these findings: Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 3 of 10 LJ Demonstrated Need-- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes assocl.ated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The submitted application states the following: '...These properties were included in an RFP issued by the Community Redevelopment Agency for redevelopment with 22 other adjacent parcels with the intention of developing them as a part of a larger property assemblage. The current proposal is to develop the parcels as part of what is now named 'Uptown Atlantic'..." "The properties will be included in the Uptown Atlantic Project. The properties will house parking, park area/Tot lot and Townhouse apartment." The MD (Medium Density Residential) designation currently assigned to the properties may have been adequate in the past but the current market potential of the site due to its proximity to the West Atlantic Avenue Corridor is very significant. In addition, the market trend of the area with the adjacent commercial developments such as "Atlantic Grove" which features a mixed use of commercial, office, and residential development, and the Fairfield Hotel, clearly indicate that a commercial designation is not only appropriate for the subject property but also supported by the market. The proposed mixed-use development will continue this trend along three blocks fronting West Atlantic Avenue and will contribute to the revitalization of the West Atlantic Neighborhood, while providing much-needed neighborhood amenities. Ll Consistency -- The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. A review of the applicable and appropriate Goal, Objectives, and Policies of the Comprehensive Plan is as follows: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity I's appropriate in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. The development of the site with a use allowed under the proposed CBD commercial zoning (Central Business District) is compatible with other uses within this corridor which front on West Atlantic Avenue and transition into the neighborhoods with less impacting components of the development. For example, the proposed development components on the subject properties (portion of a townhome, park/tot lot, and parking) assist in transitioning into the RM zoned neighborhood. The requested rezoning of RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) is not anticipated to negatively impact the existing land uses in the area, as the impact, if any, will be minor, and the development of land will assist in fulfilling land use needs. Future Land Use Element, Goal Area C: Blighted areas of the city shall be redeveloped and renewed and shall be the major contributing areas to the renaissance of Delray Beach. Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 4 of 10 By changing the Future Land Use Map designation to CC (Commercial Core) this parcel can be redeveloped within a larger development similar to the commercial land use pattern along West Atlantic Avenue, thereby improving the quality of life in the southwest neighborhood. The proposed Uptown Atlantic development, which incorporates the subject properties, will improve the current market value of the surrounding properties, and the overall neighborhood. Future Land Use Element - Objective C-1: Blighted areas, as designated by the City Commission, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. The subject properties are located in a blighted area where the CRA has worked very diligently to improve the neighborhood, with both residential and commercial developments. The subject request is necessary to assist in providing a quality mixed-use development within this section of West Atlantic Avenue. Future Land Use Element - Policy C-1.5 The following pertains to the redevelopment of the West Atlantic Avenue Area: this area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and N.W 5 1h Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. Prior to the adoption of the West Atlantic Avenue Redevelopment Plan in 1995, the West Atlantic Redevelopment Area was designated or known as "Redevelopment Area #1" on the City of Delray Beach Future Land Use Map. This designation was intended to serve as a temporary "holding" category, until such time that the Redevelopment Plan was completed and permanent Future Land Use Map designations applied. The West Atlantic Avenue Redevelopment Plan indicates that commercial structures will be limited to a depth of 150' from Atlantic Avenue, with accessory uses permitted within those areas beyond 150'. The subject properties are located within approximately south 365' of West Atlantic Avenue. While the proposed FLUM amendment and rezoning are for more intense uses and larger development, this type of development is not permitted on the subject properties due to their distance from West Atlantic Avenue in order to provide the necessary transition from CBD to RM zoning. Further, this amendment will allow the CRA to continue with its mandated role of improving the quality of life, and stimulate commercial businesses in the West Atlantic Avenue area. Policy C-1.7 The following pertains to redevelopment of the Southwest Neighborhood Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW I oth Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 5 of 10 revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub- areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within Sub-Area #5. Sub-Area #5 is identified as "infill area" where "infill development, housing rehabilitation, and code enforcement are the recommended tools to enhance and protect the stability of the neighborhoods in this area." Development potential of the vacant parcels is limited due to their size; however, their aggregation with the properties to the north will assist in achieving the necessary infill development to enhance the neighborhood. The proposed FLUM amendment and rezoning is associated with an overall development proposal which will provide 112 new dwelling units, 17,200 square feet of office space, 6,250 square feet of restaurant, and 44,481 square feet of retail use, including a neighborhood grocery store. Southwest Area Neighborhood Redevelopment Plan: The Southwest Area Neighborhood Redevelopment Plan was part of an effort by community leaders and the City of Delray Beach to revitalize the City's neighborhoods and commercial districts. The plan seeks to identify the assets that will move the Southwest neighborhoods towards stability and stimulate private sector investment in the area. The area of the Southwest Neighborhood Redevelopment Plan is generally bounded by West Atlantic Avenue to the north, Interstate 95 to the west, South Swinton Avenue to the east, and SW 1 Oth Street and Southridge Road to the south. The plan highlights in its key findings the following issues: 1. The needed effort to redevelop the West Atlantic Avenue business district in order to improve existing economic conditions and overall livability conditions in the adjacent neighborhoods; 2. A substantial number of vacant parcels exist in the study area, creating opportunities for infill re-development; 3. There are also a large number of vacant lots in the area targeted for redevelopment, including several properties owned by the CRA; 4. The proximity of the area to the downtown business district, major transit corridors, and the beach are extremely positive factors as a potential to attract economic investment. Creating a proper transition between the intense commercial activity proposed for West Atlantic Avenue and the surrounding residential neighborhoods is extremely important; The proposed FLUM and rezoning of the subject properties will assist in addressing the issues above. As previously noted, the development potential of the subject vacant properties will significantly increase by the proposed amendment, while providing appropriate development to transition to the RM zoning and minimize impact on adjacent residential uses. Ll Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Water and Sewer: Municipal water service is available via connections to an existing 8" water main located within SW 6 th and 7 th Avenues. Sewer service is available via connections to existing sanitary sewer lines within SW 6 th and 7 th Avenues. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. The Comprehensive Plan also states that Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 6 of 10 adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The FLUM change to CC will not significantly increase the demand on these services, as the parcel is part of a larger development already accommodated for in the present capacity calculations, and commercial development potential on the two subject parcels is limited due to its distance from West Atlantic Avenue. Thus, a positive finding with respect to this level of service standard can be made. Traffic: An analysis of the traffic impacts associated with the maximum development potential for both the existing and proposed Future Land Use Map designations and zoning for the subject properties were not submitted. However, a Traffic Statement was provided for the entire development which indicates that the total development will generate a net increase of 2,900 average daily trips, 135 a.m. peak hour trips, and 201 p.m. peak hour trips. It should be noted that the proposed development is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts these areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Drainage: Within this area of the City, drainage is usually accommodated on-site via exfiltration trench systems or swale retention areas. While no problems are anticipated with obtaining South Florida Water Management District permits, technical comments and issues pertaining to the drainage will be addressed during the conditional use and site plan process. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan indicate in its conclusion that 'The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Additionally, a park impact fee is collected to offset any impacts that a residential project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit at the time a project is presented for approval at the Building Department. This item will be addressed during the Site Plan Review process. Education (School Concurrency): The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District and a written finding of approval from the School District has not yet been provided for the associated Uptown Atlantic development. Solid Waste: Under the current designation, the maximum amount of units permitted on each property would be one, as a single-family residence. The two single-family residences would generate 3.98 tons of solid waste per year. Due to the limitations on the development potential based on the sizes of the subject properties combined with the restriction set forth by the West Atlantic Avenue Redevelopment Plan, there are no concerns with respect to Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 7 of 10 solid waste concurrency. It can be noted, however, that the overall sold waste generation for the entire Uptown Atlantic development is estimated at 411.37 tons/year. Further, the Solid Waste Authority has indicated that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately 2047. Based on the above, positive findings can be made at this time with regard to concurrency for all services and facilities. Ll Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the requested rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District) will be compatible with the existing and future land uses of the surrounding area. The proposed mixed- use development allowed under this zoning category will assist in the redevelopment and revitalization of this area. The proposed rezoning will be compatible with the adjacent multiple family zoning and single family residential uses due to the required limitations on commercial uses further than 150' from West Atlantic Avenue. There are several examples throughout the City of Delray Beach where CBD (Central Business District) zoned property directly abuts single family and multiple family residential areas, notably in the northwest area. These two land uses are both compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods. In this particular case the provision of new jobs will be a benefit for the adjacent residential areas. Thus, compatibility is not a concern with this rezoning proposal since it will not negatively impact the existing and future uses in the area nor will it negatively impact the pattern of development of the neighborhood when proper buffering and building placement is provided. Ll Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The submitted mixed-use development proposal which is being reviewed concurrently with the FLUM amendment and rezoning will be required to meet the criteria set forth both by the Land Development Regulations, particularly those applicable to the West Atlantic Neighborhood Sub- district, as well as those requirements set forth in the adopted West Atlantic Avenue Redevelopment Plan. REZONING ANALYSIS Pursuant to LDR Section 3.2.2(D), Standards for Rezoning Actions, that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The chart below illustrates that the proposed rezoning is compatible with adjacent zoning designations and land uses. Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 8 of 10 Zoning Designation Current Land Use SW 6 th Avenue Parcel North* CBD Single-Family Residence (Non-conforming use; vacant unit) East RM Vacant South RM Single-Family Residence West* CBD & RM (Proposed as CBD) Vacant SW 7 1h Avenue Parcel North* CBD Vacant East* RM Vacant & Single-Family Residence South RM Single-Family Residence West* CBD Single-Family (Non-conforming use; vaca *Property included in proposed Uptown Atlantic project area. The proposal will rezone the 0.31 acres from RM to CBD. The rezoning action is an expansion of the existing CBD zoning located to the north. No compatibility issues have been identified with the adjacent zoning designations; however, there are occupied single-family residences on adjacent property, located both within the CBD and RM zones. Given the overall size of the properties to be developed as Uptown Atlantic, there are ample opportunities to provide buffering and screening between the single-family residences to the south. During the site plan review, consideration will need to be given to the provision of less impacting uses and spaces developed on the subject properties to assist in the transition from the more intense uses along West Atlantic Avenue and the single-family residences to the south. It is noted that this has been achieved with the submitted proposal through the provision of a portion of a townhouse, a park/tot lot, and parking. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed rezoning can be found to be in compliance with Section 3.2.2(D). Pursuant to ILDR Section 2.4.5(D)(1), Change of Zoning District Designation, Rule, the City Commission, by ordinance, after review and recommendation for approval by the Planning and Zoning Board may amend the Official Zoning Map. The City Commission is anticipated to consider the subject item on First Reading at its June 16, 2015 meeting, and for a Second Reading as a Public Hearing at its meeting of July 7, 2015. Pursuant to ILDR Section 2.4.5(D)(5), Findings, In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills at least one of the reasons listed under Subsection (2), as follows: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstance which makes the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The applicable findings for which the rezoning should be granted, relates to items "b" and "c" identified above, indicating that there has been a change in circumstances which make the current RM (Multiple Family Residential - Medium Density) zoning inappropriate. The CRA is planning to construct a large mixed-use development on a total of 6.21 acres between SW 6 1h Avenue and SW 91h Avenue, just east of the recently completed Fairfield Inn. The Southwest Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 9 of 10 Area Redevelopment Plan calls for traditional features of town design such as buildings at the street line, parking areas at the rear of the structures, and prominent public spaces. The plan also calls for substantial redevelopment of property between SW 2 nd Street and West Atlantic Avenue with retail and office uses. The development of this lot under CBD zoning would be consistent with the Southwest Area Redevelopment Plan. As previously noted, the intended development on the subject parcels will consist of a portion of a townhouse, a park/tot lot, and parking. Therefore, the more intense components of the development will front on West Atlantic Avenue as required by both the Southwest Area Redevelopment Plan and the West Atlantic Avenue Redevelopment Plan. As indicated in the analysis provided for the proposed amendment to the Future Land Use amendment, the proposed zoning designation for the subject properties meets the Goals, Policies and Objectives applicable to the area. The CBD designation will assist in the redevelopment of the northern portion of the block, by providing additional land area to accommodate a portion of a townhouse, and accessory uses to the development such as a park/tot lot and parking. Therefore, the zoning change will not impact the neighborhood as the commercial development is limited to within 150' of West Atlantic Avenue. Therefore, the requested CBD (Central Business District) zoning is able to provide complimentary and compatible improvements with the surrounding and adjacent properties. REVIEW BY OTHERS At its meeting of April 2, 2015, the West Atlantic Redevelopment Coalition (WARC) considered the FLUM Amendment and Rezoning and recommended approval. At its meeting of April 9, 2015, the Community Redevelopment Agency (CRA) considered the FLUM Amendment and Rezoning and recommended approval. At its meeting of April 13, 2015, the Downtown Development Authority (DDA) considered the FLUM Amendment and Rezoning and recommended approval. On April 29, 2015, notice of the FLUM Amendment and Rezoning was provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received to date. A special courtesy notice was provided to the representatives of the following Homeowners Associations: Delray Citizens Coalition, West Settlers Historic District, Lincoln Park, Atlantic Park Gardens, and Gateway. Public Notice has been provided to property owners within a 500' radius of the subject properties. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The requested Future Land Use Map designation from MD (Medium Density Residential) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium Density) to CBD (Central Business District), for the subject properties is to permit appropriate development of the site associated with the Uptown Atlantic development. While these types of requests should be not be reviewed according to a submitted or potential development proposal, it is not inappropriate at this time due to the limited size of the properties and development restrictions Planning and Zoning Board Meeting of May 18, 2015 Uptown Atlantic Future Land Use Map Amendment and Rezoning Page 10 of 10 placed on them from an adopted plan. Therefore, consideration of a larger plan assists in realizing the need for the FLUM amendment to CC and the rezoning to CBD. Based on the analysis provided throughout the report, positive findings can be made with respect to LDR Section 3.1.1, Required Findings, LDR Section 3.2.2, Standards for Rezoning Actions, and LDR Section 2.4.5(D)(5), Rezoning Findings, and the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDED ACTIONS A. Move to postpone a recommendation of approval or denial and continue the requests for the subject properties with direction. B. Move a recommendation of approval to the City Commission for the request for a small- scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from MD (Medium Density Residential, 6-12 du/ac) to CC (Commercial Core), and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for the subject properties, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2. C. Move a recommendation of denial to the City Commission for the request for a small-scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from MD (Medium Density Residential, 6-12 du/ac) to CC (Commercial Core), and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for the subject properties, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2. STAFF RECOMMENDATION By Separate Motions: FLUM Amendment Recommendation of approval to the City Commission of a small-scale Comprehensive Plan amendment associated with a Future Land Use Map amendment from MD (Medium Density Residential, 6-12 du/ac) to CC (Commercial Core) for the subject properties, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 3.1.1, Required Findings. Rezoning Recommendation of approval to the City Commission for the rezoning of the subject properties from RM (Medium Density Residential) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Sections 2.4.5(D)(5), Findings, and 3.2.2(D), Standards for Rezoning Actions. 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Cooper, City Manager DATE: May 17, 2015 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMNHSSION MEETING OF JUNE 16,2015 ORDINANCE NO.13-15(FIRST READING) BACKGROUND The item before the Commission is the consideration of City-initiated amendments to LDR Section 4.5.1(E)(6), Relocation; LDR Section 7.10.5, Cash Deposit, Bond, or Insurance Required; and LDR Section 7.10.11, Historic structures. The intent of the LDR amendments is to provide specific submittal requirements and review criteria for requests to relocate a contributing structure of a historic district, or an individually designated structure listed on the Local Register of Historic Places. These amendments are in response to concerns regarding an unsuccessful relocation attempt by a local property owner. Additionally, the amendments will provide ample information for the Historic Preservation Board (HPB) to review when considering a relocation request, while providing a clear path to take for the applicant if a relocation is not successful. The proposed amendments are outlined and analyzed in the attached Planning and Zoning Board Staff Report. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of April 15, 2015, where a recommendation of approval was made on a vote of 7-0, with the following changes suggested: - LDR Section 4.5.l(E)(6)(f)l: Add that the HPB Chairperson also be notified when a relocation attempt is unsuccessful. 0 LDR Section 4.5.1(E)(6)(g): Clarify that Public Notices be sent to those property owners within a 500' radius of both the current location and the new location when relocating a structure. - LDR Section 7.10.1: Revise to include structures moved within the existing site must obtain a permit from the Chief Building Official. 0 LDR Section 7.10.5(D): Specify that the contractor presented to the HPB for the relocation be the one to provide the Surety Bond or Letter of Credit. The Planning and Zoning Board considered the LDR amendments at its meeting of May 18, 2015, where a recommendation of approval was made on a vote of 5-1 (Jacobson dissented, Franciosa absent). Concerns expressed during the Board discussion focused on the forfeiture of the Surety Bond of draw on the Line of Credit when there is a failure to successfully relocate a historic structure. The Board also inquired about the intended/allowed use of such funds, and whether they would be placed into the General Fund or utilized for historic preservation purposes. NOTE: Minutes for the subject Planning and Zoning Board meeting will be available by the Second Reading of this Ordinance. RECOMMENDATION Approve Ordinance 13-15 on First Reading for the City-initiated amendments to the Land Development Regulations to revise Section 4.5.1(E)(6), Relocation; revise Section 7.10.5, Cash Deposit, Bond, or Insurance Required; and add Section 7.10.11, Historic Structures, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof are consistent with the Comprehensive Plan and meet the criteria set forth in LDR Section 2.4.5(M), subject to inclusion of the revisions suggested by the Historic Preservation Board. NOTE: If the City Commission agrees with the suggested revisions of the Historic Preservation Board, the Ordinance presented will be amended and prepared accordingly for Second Reading. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE� May 18, 2015 ITEM: VI 1.F� AGENDA ITEM: 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, ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to LDR Section 4,5.1(E)(6), Relocation, LDR Section 7.10.5, Cash Deposit, Bond, or Insurance Required, and LDR Section 7.10.11, Historic structures, pursuant to LDR Section 2.4,5(M). LDR AMENDMENT BACKGROUND & DESCRIPTION The intent of the subject LDR amendments is to provide specific submittal requirements and review criteria for requests to relocate a contributing structure of a historic district or an individually designated structure listed on the Local Register of Historic Places. These amendments are in response to concerns regarding an unsuccessful relocation attempt by a local property owner, The proposed amendments are as follows: LDR Section 4.5.1, Historic Preservation: Designated Districts, Sites, and Buildings • LDR Section 4.5.1(E)(6)(a), Relocation: Clarified existing language. • LDR Section 4.5.1(E)(6)(b)1.-3., Relocation, Relocation of Contributing Structures from a Historic District or Individually Designated structures from a site: Subsection added to provide specific criteria by which to consider the relocation, specified the requirement to submit a Relocation Plan which would include supporting documentation to be considered by the Board including the contractor to be used for the relocation, and a certified engineering report, and additional supplemental information required such as as-built drawings of the structure, and photographs. • LDR Section 4.5.1(E)(6)(c), Relocation, Relocation of structures into a historic district: Subsection added to require the individual designation of eligible structures when being relocated into a historic district. • LDR Section 4.5.1(E)(6)(d), Relocation: Subsection added to require that the building be maintained while awaiting relocation. • LDR Section 4.51(E)(6)(e), Relocation: Subsection added to cross-reference that relocated structures must comply with Section 7.10.11. Page 2 of 5; Planning and Zoning Board Meeting of 05.18.15 LDR Amendments re: Relocation of Historic Structures • LDR Section 4.51(E)(6)(f), Relocation, Failure to Successfully Relocate Historic Structures: Subsection added to provide specific criteria by which to act should a relocation fail, such as notice to the City, revocation of approved site development relief, reapplication to request said revoked relief, and documentation regarding the failed relocation. • LDR Section 4.5.1(E)(6)(g), Relocation, Public Notice: Subsection added to require that Public Notice be provided including to property owners within a 500' radius, Article 7,10, Moving of Building • LDR Section 7.10.5(D), Cash Deposit, Bond, or Insurance Required, Historic Structure Relocation Bond: Subsection added to require that a Surety Bond or a Letter of Credit for an amount equal to 125% of the "fair market value" of the structure be provided, which will not be released until the final inspection of a successful relocation. The failure to unsuccessfully relocate a historic structure may result in the forfeiture of the bond or a draw on the line of credit, as determined by the City Commission, • LDR Section 7,1 0A 1, Historic Structures: Subsection added to cross-reference LDR Section 4.5.1(E)(6), require that the permit for relocation not be issued until the foundation permit has received a final inspection, and specify that the failure to relocate a historic structure may require that it be rebuilt based on documentation previously submitted and the approved plans, In summary of the above, the proposed amendments will provide ample information for the Board to review when considering a relocation request, while providing a clear path to take for the applicant if a relocation is not successful, ANALYSIS OF PROPOSED LDR TEXT AMENDMENT Pursuant to LDIR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. STAFF COMMENT: The proposed amendments were initiated by the Planning and Zoning Board at its March 16, 2015 meeting. 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 objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT, GOAL AREA "A": Land within the Planning area shall be developed or redeveloped, to enhance the existing quality of life, complement existing land use and result in a mixed, but predominantly residential community with a balanced economic base. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the 2 Page 3 of 5; Planning and Zoning Board Meeting of 05.18.15 LDR Amendments re: Relocation of Historic Structures provisions of Section 4.5.1 of the Land Development Regulations (see below) relating to historic sites and districts and the "Delray Beach Design Guidelines". Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past, that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. STAFF ANALYSIS: The proposed amendments in LDR Section 4.5.1, regarding the relocation of historic structures, meets the intent of Objective A-4 as it strives to ensure that the relocation of historic structures will be successful, thereby providing for the preservation of historic resources. Therefore, positive findings can be made as the proposed LDR text amendment is consistent with and does further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. It should be noted that the maintenance of historic resources within a historic district or on an individually designated site is always preferred as it is their original location, and alteration of this setting has the potential to negatively impact the historic integrity, as well as the structural integrity. Relocation, however, is always preferred over demolition. HOUSING ELEMENT, GOAL AREA "A": To maintain a safe and adequate supply of housing by preserving existing stable neighborhoods, stabilizing and enhancing neighborhoods that are in transition, and restoring and rehabilitating neighborhoods that have declined. Housing Element Objective A-10: The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policy A-12,3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied, 3 Page 4 of 5; Planning and Zoning Board Meeting of 05.18.15 LDR Amendments re: Relocation of Historic Structures Housing Element Policy A-12.4: The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures, STAFF ANALYSIS The proposed amendments to provide specific criteria for relocations will assist the Historic Preservation Board (HPB) in ensuring that their decision is appropriate for the structure to be relocated, while also considering the stability of a neighborhood to be impacted by the relocated structure, while providing additional support for the rehabilitation of a structure. Further, the requirement to designate eligible structures moved into a district will ensure their protection, thereby increasing the inventory of historic structures. The HPB. will also consider that the relocation of the structure does not lead to the decline of the neighborhood by considering the impact of the relocation from its original location, as well as the impact on the new location. Therefore, positive findings can be made as the proposed LDR text amendment is consistent with and does further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element, REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of April 15, 2015, where a recommendation of approval was made on a vote of 7-0, with the following changes suggested: • LDR Section 4.5.1(E)(6)(f)l.� Add that the HPB Chairperson also be notified when a relocation attempt is unsuccessful. • LDR Section 4.5.1(E)(6)(g): Clarify that Public Notices be sent to those property owners within a 500' radius of both the current location and the new location when relocating a structure. • LDR Section 7,10,1: Revise to include structures moved within the existing site must obtain a permit from the Chief Building Official. • LDR Section 7.10.5(D): Specify that the contractor presented to the HPB for the relocation be the one to provide the Surety Bond or Letter of Credit. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of City-initiated amendments to the Land Development Regulations to revise Section 4.5.1(E)(6), Relocation, revise Section 7.10,5, Cash Deposit, Bond, or Insurance Required, and add Section 7.10.11, Historic Structures, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission City-initiated amendments to the Land Development Regulations to revise Section 4.5.1(E)(6), Relocation, revise Section 7.10.5, Cash Deposit, Bond, or Insurance Required, and add Section 7,10,11, Historic Structures, by adopting the findings of fact and law contained in the staff report, and finding that the amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). (Motion to be phrased in the affirmative. See above.) 4 Page 5 of 5; Planning and Zoning Board Meeting of 05.18.16 LDR Amendments re: Relocation of Historic Structures RECOMMENDED ACTION Recommend approval to the City Commission of City-initiated amendments to the Land Development Regulations to revise Section 4.5.1(E)(6), Relocation, revise Section 7.10,5, Cash Deposit, Bond, or Insurance Required, and add Section 7.10,11, Historic Structures, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). 5 ORDINANCE NO. --15 AN ORDINANCE OF THE CITY COMMISSION OF'11-M, CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGUT—ATIONS OF THE CITY OF DELRAY BEACI-1, FLORIDA, BY AMENDING SUBSECIION 4.5.l(E)(6), 'RELOCATION," TO ESTABLISH REGULATIONS A�,JD G UIDELINES REGARDING THE RELOCATION OF BUILDINGS OR STRUCTURES WlTHhN, TO, OR FROM HISTORIC DISTRICTS OR SITES; BY ENACTING SECTION 7.10.11, "HISTORIC STRUCTURES," TO ESTABLISH A H15YORIC STRUCTURE RELOCATION BOND, AND TO PROVIDE FOR FORFEITURE OF SAME FOR FATIT-)-RE TO SUCCE SSFULLY RELOCATE A HISTORIC STRUCTURE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach ("City") desires to preserve and protect the historic -nature of the City; and WHEREAS, Section 4.5.1(A) of the City's Land Development Regulations provides as follows. "In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed Match 10, 1987, this Section is created in otdcx to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are -reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are -unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes." WHEREAS, in furthetance of those overarching goals, the City's Land Development Regulations govern the relocation of buildings or structures within, to, and from historic districts or sites; and WHEREAS, recent events have demonstrated that the current -regulatory scheme under the City's Land Development Regulations for such relocations is insufficient to properly protect the City's historical -assets; and WHEREAS, the City wishes to revise its Land Development Regulations in order to address the unique issues associated with the relocation of historic buildings or structures in oj7det to ptornote the preservation and protection of same. 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 ate ratified and confirmed as being true and correct factual findings and arc made a specific part of this Ordinance. and hoto ra hs of prior relocation projects completed by the contractor taken before and after the relocation. 5. A certified en ing eering report which includes: a. A relocation feasibility study with an assessment of the building's structural condition in order to minimize any damage that rnigbt occur: during the move. b. Details and a description of the method of construction including technique and materials, and current condition of materials, C. _Identification of any areas of concern, and how these areas will be addressed prior to the relocation. d The following information shall be provided with the apphcation for a Certificate of A)y ropriateness for relocation of a contributing, individually designated or eligible historic structure prior to Board consideration, 1. As-built drawings of the building as it exists on current site before undertaking the move, particulad�r if the move will ecluire substantial reconstruction, including but not limited to floor plans, elevations, and architectival details and profiles. 2. Photographs of the site and the interior and exterior of the building, including but not Emited to all elevations and exterior details. 3. History of any codeviolations applied to the structure and property, along_Nvith an explanation of arly pendingviolations or structure violations which have been issued within 5 gears of the application request. (e)_ Applications for Certificate of Appropriateness for relocation shall be submitted concurrendy with the application for Certificate of Appropriateness for the new development on the current site. (fl The bading to be relocated shall be secured from vandalism and potential weather damage before and after its-move,in a manner as app owed by the Chief Building Officer. (g) If the current site is to remain vacant for more than nincjy(90) days following the relocation, the empty lot shall be maintained in a manner consistent with other o en s ace in the historic district. (h) When a relocation permit is issued for an eligible historic structure which is not presently located in a historic district and which will be relocated into a historic district, the structure shall be requited to be individually designated to the new location for listing on the Local Register of Historic Places prior to receiving the final inspection of the relocation permit. i All structures a raved for relocation and awaitin issuance of a buildinV, perinit for the new development on the current site shall be maintained so as to remain in a condition similar to that which existed at the time of the application. {j) _ All structures to be relocated shall comply with the requirements of Section 7.10.11, "Moving of Building: Historic Structures". 3 ORD.NO. -15 �k) Failute to Successfully Relocate Historic Structures: 1. If a historic structure is not successfully relocated in accordance with the approved Certificate of Appropriateness, including the associated Relocation Plan, the property owner and/or applicant shall notify the Historic Preservation Planner and Chief Building Official within twen -four (24} hours_of the failed relocation, or on the next business day. 2. Failure to successfully relocate the historic structure shall result in the revocation of any site: development relief (waivers, variances, internal adjustments, or other relief associated with the relocation that has been granted by the Board or the Cijy Commission. 3. The abnlicant or property owner may submit a written request for the reconsideration of any previously approved site development relief associated with the unsuccessfully relocated structure in accordance with the followin : a. The reconsideration request shall be submitted to the Planning and Zoning Director within five (5) business 637s of notification of the unsuccessful relocation. The reconsideration will be placed on the next available agenda of the recommending or approving body as appropriate. b. Requests for reconsideration shall include a statement regarding the relocation, docur entation of the relocation, an explanation as to how or why the relocation failed, and how the relocation failed to meet the Relocation Plan of the approved Certificate of Abbrobtiateness. (1) Public Notice: All applications for a Certificate of Approptiateness for the relocation of a contributing structure an individuall desi nated structure or an eligible historic structute into a historic district shall meet the "Additional Public Notice" requirements of LDR Section 2.4.2(B)(14). (i). Section 3. That Article 7.10, "Moving of Building," Section 7.10.5, "Cash Deposit, Bond, Or Insurance Required:," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 7.10.5 Cash Deposit, Bond, Or Insurance Required: (A) Cash deposit. An application hereunder shall be accompanied by a cash deposit in the sum of $5,000, as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street, or alley, sidewalk, fire hydrant, or other property of the City,which may be caused by or be incidental to the removal of any building over, along, or across any highway, street, alley, or other rights-of-way within the City and to indemnify the City against any claims of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the City. (l3) Bond in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a bond, approved as to form by the City Manager, executed by a bonding or surety company authorized to do business in the state in the amount of$5,000, 4 ORD,NO. -15 conditioned upon the assurance that this subchapter and other applicable ordinances and laws will be complied with. This bond shall run to the City for the use and benefit of any person intended to be protected thereby _ and shall be conditioned on the payment for any damages or losses resulting from any malfeasance, misfeasance, or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted. (C) Insurance policy in lieu of deposit. .Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a liability insurance company authorized to do business in the state, and approved as to form by the City Manager, in the same amount and providing the same protection as would be required for a bond hereunder. (D) Historic Structure Relocation Bond: In addition to the above, an applicant requesting the relocation of a contributin structure or ell 'ble historic structure into a historic district or an individuall T designated structure shall provide a Surety Bond or a Letter of Credit in favor of the City of Delray Beach and in a foam satisfactory to the City Attorney's Office of an amount equal to 125% of the "fair market value" of the structure as determined by or through an MAI (Member of the Appraisal Institute) appraisal of the structure. The appraisal must be performed no more than sixty (60) days prior to the_date of application for a relocation permit. The Surety Bond or Letter of Credit shall not be released until final inspection of the successfully completed relocation to the new foundation. Failure to successfully relocate a historic structure ma result in the forfeiture of the Surety Bond or a draw on the Letter of Credit as determined by the Cit Commission upon recommendation by the Historic Preservation Board. - Section 4. That Article 7.10, "Moving of Building," Section 7.10.11, "Historic Strictures," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Section 7.10.11 Historic Structures: In addition to the above requirements, the relocation of structures from or to a historic district or individually designated property shall comply with the requirements of Section 4,5.1(E)(.6), prior to the issuance of a permit, (A) Permits for the relocation of structures on properties listed on the Local Register of Historic Places in Section 45...I.M, shall not be approved prior to the issuance and final inspection of a foundation permit on the pronerj�,to accommodate the relocated structure. (B) Failure to successfully relocate a historic structure may also require that the historic structure be rebuilt in accordance with the previously submitted documentation and ap proved plans, Section 5. 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 tliereof other than the part declared to be invalid. 5 ORD.NO. -15 Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 7. 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. M AYOR .ATTEST: City Clerk First]leading Second Reading 6 ORD.NO. -15 ORDINANCE NO. 13-15 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 SUBSECTION 4.5.1(E)(6), "RELOCATION," TO ESTABLISH REGULATIONS AND GUIDELINES REGARDING THE RELOCATION OF BUILDINGS OR STRUCTURES WITI-11N, TO, OR FROM HISTORIC DISTRICTS OR SITES; BY ENAC'T'ING SECTION 7.10.11, "HISTORIC STRUCTURES," TO ESTABLISH A HISTORIC STRUCTURE RELOCATION BOND, AND TO PROVIDE FOR FORFEITURE OF SAME FOR FAILURE TO SUCCESSFULLY RELOCATE A HISTORIC STRUCTURE; PROVIDING A SAVING CLAUSE, A GENERAL. REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach ("City") desires to preserve and protect the historic nature of the City; and WHEREAS, Section 4.5.1(A) of the City's Land Development Regulations provides as follows: "In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes." WHEREAS, in furtherance of those overarching goals, the City's Land Development Regulations govern the relocation of buildings or structures within, to, and from historic districts or sites; and WHEREAS, recent events have demonstrated that the current regulatory scheme under the City's Land Development Regulations for such relocations is insufficient to properly protect the City's historical assets; and WHEREAS, the City wishes to revise its Land Development Regulations in order to address the unique issues associated with the relocation of historic buildings or structures in order to promote the preservation and protection of same. 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 Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1, "Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(E), "Development Standards," Subsection 4.5.1(E)(6), "Relocation," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 4.5.1(E)(6) Relocation. (a) Relocation of a lie building or structure, whether contributing, non-contributing, or individually designated, to another site shall not take place unless the following requirements have been met: 4 1. tIt is shown that preservation on their existing or original site would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (H); or, 2. ft A building permit has been issued. When considering the relocation of a contributing structure from a historic district, an eligible historic structure to historic district, or an individuall,T�gnated structure from a site, the Board shall be guided by the following, as applicable: 1. Whether the structure will be relocated within the same historic district, into a new historic district, or outside of a historic district. 2. Whether the proposed relocation may have a detrimental effect on the structural soundness of the building or structure. 3. Whether the proposed relocation would have a negative or positive effect on other historic sites, buildings, or structures within the current historic district, or at the new site. 4. Whether the new surroundings of the relocated structure would be compatible with its architectural character. 5. Whether the proposed relocation is the onl3practicable means of saving the structure from demolition. (c) Relocation Plan. When considering the relocation of a contributing, individuall,T�gnated, or eligible historic structure, the Board shall require a Relocation Plan that includes the following_ 1. A detailed explanation of the relocation method including the type of machinery and equipment to be utilized: 2 A demolition plan illustrating an3� parts to be removed in order to facilitate the relocation. 3. An illustration of locations where the building will be split. as applicable. 4. The name of the contractor who will relocate the structure(s). a description of the contractor's past experience in moving historic buildings of a similar construction technique, 2 ORD.NO. 13-15 and photographs of prior relocation projects completed by the contractor taken before and after the relocation. 5. A certified engineering report which includes: a. A relocation feasibilit T� study with an assessment of the building's structural condition in order to minimize anv damage that might occur during the move. b. Details and a description of the method of construction including technique and materials, and current condition of materials. c. Identification of anv areas of concern, and how these areas will be addressed prior to the relocation. (d� The following information shall be provided with the application for a Certificate of Appropriateness for relocation of a contributing, individuall,T�gnated or eligible historic structure prior to Board consideration: 1. As-built drawings of the building as it exists on its current site before undertaking the move,12articularly if the move will require substantial reconstruction, including but not limited to floor plans, elevations, and architectural details and profiles. 2. Photographs of the site and the interior and exterior of the building, including but not limited to all elevations and exterior details. 3. History of anv code violations applied to the structure and property, along with an explanation of an): pending violations or structure violations which have been issued within 5 ,years of the application request. (e) Applications for Certificate of Appropriateness for relocation shall be submitted concurrently with the application for Certificate of Appropriateness for the new development on the current site. (A The building to be relocated shall be secured from vandalism and potential weather damage before and after its move, in a manner as approved by the Chief Building Officer. ( If the current site is to remain vacant for more than ninet, (90) days following the relocation, the empty lot shall be maintained in a manner consistent with other open space in the historic district. (h) When a relocation permit is issued for an eligible historic structure which is not presend located in a historic district and which will be relocated into a historic district, the structure shall be required to be individuall,T�gnated to the new location for listing on the Local Register of Historic Places prior to receiving the final inspection of the relocation permit. (i) All structures approved for relocation and awaiting issuance of a building permit for the new development on the current site shall be maintained so as to remain in a condition similar to that which existed at the time of the application. Vii) All structures to be relocated shall comply with the requirements of Section 7.10.11, "Moving of Building: Historic Structures". 3 ORD.NO. 13-15 (k) Failure to Successfully Relocate Historic Structures: 1. If a historic structure is not successfully relocated in accordance with the approved Certificate of Appropriateness, including the associated Relocation Plan, the property owner and/or applicant shall notify the Historic Preservation Planner and Chief Building Official within twen , -four (24) hours of the failed relocation, or on the next business dad 2. Failure to successfully relocate the historic structure shall result in the revocation of an site development relief (waivers, variances, internal adjustments, or other reliefl associated with the relocation that has been granted by the Board or the City Commission. 3. The applicant or property owner may submit a written request for the reconsideration of an)previouslLpproved site development relief associated with the unsuccessfully relocated structure in accordance with the following: a. The reconsideration request shall be submitted to the Planning and Zoning Director within five (5) business days of notification of the unsuccessful relocation. The reconsideration will be placed on the next available agenda of the recommending or approving bod,T� as appropriate. b. Requests for reconsideration shall include a statement regarding the relocation, documentation of the relocation, an explanation as to how or why the relocation failed, and how the relocation failed to meet the Relocation Plan of the approved Certificate of Appropriateness. (1) Public Notice: All applications for a Certificate of Appropriateness for the relocation of a contributing structure, an individuall,T�gnated structure, or an eligible historic structure into a historic district shall meet the "Additional Public Notice" requirements of LDR Section 2.4.2U(1)(i). Section 3. That Article 7.10, "Moving of Building," Section 7.10.5, "Cash Deposit, Bond, Or Insurance Required:," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 7.10.5 Cash Deposit, Bond, Or Insurance Required: (A) Cash deposit. An application hereunder shall be accompanied by a cash deposit in the sum of $5,000, as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street, or alley, sidewalk, fire hydrant, or other property of the City, which may be caused by or be incidental to the removal of any building over, along, or across any highway, street, alley, or other rights-of-way within the City and to indemnify the City against any claims of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the City. (B) Bond in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a bond, approved as to form by the City Manager, executed by a bonding or surety company authorized to do business in the state in the amount of $5,000, 4 ORD.NO. 13-15 conditioned upon the assurance that this subchapter and other applicable ordinances and laws will be complied with. This bond shall run to the City for the use and benefit of any person intended to be protected thereby and shall be conditioned on the payment for any damages or losses resulting from any malfeasance, misfeasance, or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted. (C) Insurance policy in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a liability insurance company authorized to do business in the state, and approved as to form by the City Manager, in the same amount and providing the same protection as would be required for a bond hereunder. (D) Historic Structure Relocation Bond: In addition to the above, an applicant requesting the relocation of a contributing structure or eligible historic structure into a historic district, or an individually designated structure shall provide a Surety Bond or a Letter of Credit in favor of the City of Delray Beach and in a form satisfactory to the City Attorney's Office of an amount equal to 125% of the "fair market value" of the structure, as determined by or through an MAI (Member of the Appraisal Institute) appraisal of the structure. The appraisal must be performed no more than sixt„L(60) dL12rior to the date of application for a relocation permit. The Surety Bond or Letter of Credit shall not be released until final inspection of the successfull,T�pleted relocation to the new foundation. Failure to successfully relocate a historic structure may result in the forfeiture of the Surety Bond or a draw on the Letter of Credit as determined by the City Commission upon recommendation by the Historic Preservation Board. Section 4. That Article 7.10, "Moving of Building," Section 7.10.11, "Historic Structures," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Section 7.10.11 Historic Structures: In addition to the above requirements, the relocation of structures from or to a historic district or individuall,T�gnated property shall comply with the requirements of Section 4.5.1 )(6), prior to the issuance of a permit. (A) Permits for the relocation of structures on properties listed on the Local Register of Historic Places in Section 4.5.1(1), shall not be approved prior to the issuance and final inspection of a foundation permit on the property to accommodate the relocated structure. (B) Failure to successfully relocate a historic structure may also require that the historic structure be rebuilt in accordance with the previously submitted documentation and approved plans. Section 5. 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. 5 ORD.NO. 13-15 Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 7. 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. M AYOR ATTEST: City Clerk First Reading Second Reading 6 ORD.NO. 13-15 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 17, 2015 SUBJECT: AGENDA ITEM 10.C.-REGULAR COMMISSION MEETING OF JUNE 16,2015 ORDINANCE NO. 14-15(FIRST READING) BACKGROUND The item before the Commission is the consideration of City-initiated amendments to eliminate LDR Section 4.5.1(E)(7), Demolition, and revise LDR Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings. The intent of the subject LDR amendments is to provide specific submittal requirements and review criteria for requests to demolish a structure, or a portion thereof, which are located within a historic district, or an individually designated structure listed on the Local Register of Historic Places. These amendments are in response to concerns regarding an approval for additions and alterations to a historic structure which involved a significant amount of demolition. While the amount of demolition was clearly expressed during the meeting and Board discussion, it was not fully understood that all but the front elevation would be removed. Therefore, the amendments will clarify demolition requests when they are presented to the Historic Preservation Board (HPB) along with supporting documentation, as well as further opportunities for recordation of the structure and salvaging of items from the structure. The proposed amendments are outlined and analyzed in the attached Planning and Zoning Board Staff Report. Please note that amendments regarding demolition by neglect issues require a revision to the Code of Ordinances Section 100.10, Individually Designated Historic Structures and Structures in Historic Districts. Therefore, this topic is not included in the subject LDR Amendments and will be processed under a separate Ordinance. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of April 15, 2015, where a recommendation of approval was made on a vote of 7-0. The Planning and Zoning Board considered the subject LDR Amendments at its meeting of May 18, 2015, where a recommendation of approval was made on a vote of 6-0 (Franciosa absent). NOTE: Minutes for the subject Planning and Zoning Board meeting will be available by the Second Reading of this Ordinance. RECOMMENDATION Approve Ordinance 14-15 on First Reading for the City-initiated amendments to the Land Development Regulations to eliminate LDR Section 4.5.1(E)(7), Demolition; and revise LDR Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: May 18, 2015 ITEM: VII.G. AGENDA ITEM: 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. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City-initiated amendments to eliminate LDR Section 4.5.1(E)(7), Demolition, and revise LDR Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings, pursuant to LDR Section 2.4.5(M). LDR AMENDMENT BACKGROUND & DESCRIPTION The intent of the subject LDR amendments is to provide specific submittal requirements and review criteria for requests to demolish a structure, or a portion thereof, which are located within a historic district, or an individually designated structure listed on the Local Register of Historic Places. These amendments are in response to concerns regarding an approval for additions and alterations to a historic structure which involved a significant amount of demolition. While the amount of demolition was clearly expressed during the meeting and Board discussion, it was not fully understood that all but the front elevation would be removed. The proposed amendments are as follows: • LDR Section 4.5.1(E)(7), Demolition: Subsection deleted to combine existing language within Subsection (F). • LDR Section 4.5.1(F): Subsection title "Restrictions on Demolition" revised to "Demolition". • LDR Section 4.5.1(F)(1-4), Language added to specify that a Certificate of Appropriateness (COA) is required prior to the demolition of a structure within a historic district or on an individually designated site. Language added to require that requests to demolish 25% or more of a contributing or individually designated structure be accompanied by a demolition plan. Language added from 4.5.1(E)(7) which limits the demolition of a structure prior to the permit issuance for the redevelopment on that site. Language added from 4.5,1(E)(7) to require that the buildings awaiting demolition be maintained in a manner similar to when the demolition was approved, Page 2 of 4; Planning and Zoning Board Meeting of 05.18.15 LDR Amendments re: Demolition • LDR Section 4.5.1(F)(5-6): Subsections deleted with language revised and relocated within other subsections. • LDR Section 4.5.1(F)(6), Demolition Submittal Requirements and Justification: Subsection revised with an added requirement to submit documentation which indicates that steps have been taken to preserve the structure, • LDR Section 4.5.1(F)(7), Salvage and Recordation of Historic Structures; Subsection added to require the property to contact the Delray Beach Historical Society regarding salvage of building materials from structures approved for demolition, to permit the Board to require that the property owner record the building prior to demolition with drawings and photographs. • LDR Section 4.5.1(F)(8), Public Notice: Subsection added to require that Public Notice be provided, including to property owners within a 500' radius. • LDR Section 4.51(G), Unsafe Buildings; Language added to require that the Chief Building Official provide a written statement with documentation to the Board when a historic structure is determined to be unsafe. In summary of the above, the proposed amendments will clarity demolition requests when they are presented to the Board along with supporting documentation, as well as further opportunities for recordation of the structure and salvation of items from the structure. ANALYSIS OF PROPOSED LDR TEXT AMENDMENT Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. STAFF COMMENT: The proposed amendments were initiated by the Planning and Zoning Board at its March 16, 2015 meeting. 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 objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT, GOAL AREA "A": Land within the Planning area shall be developed or redeveloped, to enhance the existing quality of life, complement existing land use and result in a mixed, but predominantly residential community with a balanced economic base. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations (see below) relating to historic sites and districts and the `Delray Beach Design Guidelines". 2 Page 3 of 4; Planning and Zoning Board Meeting of 05.18,15 LDR Amendments re; Demolition Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. STAFF ANALYSIS: The proposed amendments in LDR Section 4.5.1, regarding the demolition of historic structures meets the intent of Objective A-4 as it strives to ensure that the demolition is appropriate and necessary, while providing opportunities for the recordation of those structures proposed for demolition and the salvaging of interesting artifacts from those sites. Therefore, positive findings can be made as the proposed LDR text amendment is consistent with and does further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. It should be noted that the rehabilitation of historic resources within a historic district or on an individually designated site is always preferred over demolition. HOUSING ELEMENT,_GOAL AREA "A": To maintain a safe and adequate supply of housing by preserving existing stable neighborhoods, stabilizing and enhancing neighborhoods that are in transition, and restoring and rehabilitating neighborhoods that have declined. Housing Element Objective A-10: The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. 3 Page 4 of 4; Planning and Zoning Board Meeting of 05.18.15 LDR Amendments re: Demolition Housing Element Policy A-12.4: The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. STAFF ANALYSIS The proposed amendments strive to clarify when a historic structure will be significantly impacted when 25% or more of it will be demolished. This clarity will assist keeping the Historic Preservation Board (HPB) and the public informed of what is to occur on a site, which is intended to stabilize a neighborhood either by removing a structure which required demolition, or assisting in the rehabilitation of a historic structure through necessary partial demolition. Therefore, positive findings can be made as the proposed LDR text amendment is consistent with and does further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of April 15, 2015, where a recommendation of approval was made on a vote of 7-0. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of City-initiated amendments to the Land Development Regulations to eliminate LDR Section 4.5.1(E)(7), Demolition; and revise LDR Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of City-initiated amendments to the Land Development Regulations to eliminate LDR Section 4.5.1(E)(7), Demolition; and revise LDR Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(G), Unsafe Buildings, by adopting the findings of fact and law contained in the staff report, and finding that the amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). (Motion to be phrased in the affirmative. See above.) RECOMMENDED ACTION Recommend approval to the City Commission of City-initiated amendments to the Land Development Regulations to eliminate LDR Section 4.5.1(E)(7), Demolition; and revise LDR Section 4.5.1(F), Restrictions on Demolitions, and LDR Section 4.5.1(6), Unsafe Buildings, by adopting the findings of fact and law contained in the staff report, and finding that the amendments and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). 4 ORDINANCE NO. -15 AN ORDINANCE OF'IT-IE CITY COMMISSION OF'I`F E CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 4.5.1(E)(I), "DEMOLITION'; BY RENAMING AND AATENDING SUBSECTION 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS," TO AMEND REGULA'LIONS AND GUIDELINES REGARDING T1-1E DEMOLITION OF HISTORIC STRUCTURES, TO REQUIRE THE SUBMISSION OF A DF-1\40 sITION PLAN, TO REQUIRE THAT PROPERLY OWNERS APPLYING FOR DEMOLITION PERMITS TAI<M CERTAIN STEPS TO DOCI_M=, , SALVAGE, AND RECORD HISTORIC STRUCTURES, TO ESTABLISH ADDITIONAL REQUIREMENTS FOR DEMOLITION OF MORE THAN 25 PERCENT OF A CONTRIBUTING OR INDIVIDUALLY DESIGNATED STRUCK ,BY AMENDING SUBSECTION 4.5.1(G),"UNSAFE, BUILDINGS,"TO REQUIRE 'ITIS CHIEF BUILDING OFFICIAL TO PROVIDE THE HISTORIC PRESERVA'I1ON BOARD WITH DOCUMEN`. ' 'ZION REGARDING ANY STRUCTURE WITHIN A DESIGNAI'ED HISTORIC SITE OR DESIGNATED HISTORIC DISTRICT THAT IS UNSAFE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach ("City") desires to preserve and protect the historic nature of the City; and WHEREAS, Section 4.5.1(A) of the City's Land Development Regulations provides as follows: "In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes." WHEREAS, in furtherance of those overarching goals, the City's Land Development Regulations govern the demolition of buildings or structures within, to, and from historic districts or sites; and WHEREAS, recent events have demonstrated that the current regulatory scheme under the City's Land Development Regulations for such demolitions is insufficient to properly protect the City's historical assets; and WHEREAS, the City wishes to revise its Land Development Regulations in order to address the unique issues associated with the demolition of historic buildings or structures in order to promote the preservation and protection of same, 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 Article 4,5, "Overlay and Environmental. Management Districts," Section 4,5.1, "Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(E), "Development Standards," Subsection 4.5,1(E)(7), "Demolition," of the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed as follows, and remaining Subsections are renumbered accordingly; 4.5.1(E)(7) Demolition. Demolition of histoi!ic oi- sites, a-v httildiogs, stfuetui!eq, eenf±�uting, shall not occur until a building petiTtit has been issued for- the HPB app-ve-eed . st±tietai!es ?vppize-�,ed fat! de±naRtion and xwaiting issuance of a building permit for the t-edc-vLelapffie+�t st'lall b . DELETED AND RENUMBERED Section 3. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1, "Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5,1(F), "Restrictions on Demolitions," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 4.5.1(F) Demob#ion. Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board and shall be subject to the following requirements: (1) No structure within a historic district or on a historic site shall be demolished before a Certificate of Appropriateness has been issued j2utsijant to Section 2.4,0 H , (2) The application for a Certificate of Appropriateness for demolition must be accompanied by an application for a Certificate of Appropriateness for alterations to the structure or the redevelopment of the propetty, 2 ORD.NO. -15 (3) Demolition shall not occur until a building jean t leas been issued for the alterations oz: redevelopment as described in the applicable Certificate of Appropriateness. 4 All structures al2proved for demolition and..awaidng.issuance of a building permit for the alterations or redevelopment shall be maintained so as to remain in a condition similar to that which existed at time that the Certificate of Appropriateness for: demolition was approved unless the Chief Building Officialdetermines that an unsafe building condition exists in accordance with Section 4.5.1(G). -_ 5 A Certificate of A to riateness for demolition of 25% or more of a contributing or individually designated structure shall be subject to the following additional requirements: (a) A demolition plan shall accotMmny the application for: a Certificate of = Appropriateness ropriateness for demolition. The plan shall illustrate all portions of the existing structure that will be removed or altered. The Certificate of..Approptiateness for demolition and the Certificate of Appropriateness for alteration or redevelopment shall meet the "Additional Public Notice" requirements of LDR Section 2.4.2(LB)(1)(1). -(44Q The Higt i!ic Preservation Board, upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a Certificate of Appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts- (a) Whether the structure is of such intertest or quality that it would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular cult-Lite and heritage. (e) Whether there ate approved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on +te surrounding area the historic district designation or the individual designation of the proper {2}47, No decision of the Board shall result in undue economic hardship for the property owner. The Board shall determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subseetioli Section 4.5.1(H). 3 ORD.NO. -15 The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. {4}4Z The Board may grant a certificate of appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months. (5) As a condition of 4te C=eftifieate of Appy i - C-1. -1 that the applicant take such steps as it dee+ns ffeeessar-y to pfeset-ve the struetui!e tequested fiE) , elasses of building tnateiials, , with the eonseftt of 4he p-rapefty ownef, fequest that the E)el±ay Beach Histoi4cal Society, or- +e at th , iffel"de, but shall not be 4inited to photographs, doctiinents, atid sealed al!e44eewfal C4-ftwiflgs to include elevations and fleof plafis, Two (2) eopies of sueh ieeaj!dings shall be submitted to the City's Plaftfli'tig an Zeftifig Department. One (1) to be kep� aft f4e and +e a+ef! to be arebived with the Del±ay Beach Histei4eft (10) Request for Demolition Justification Statement: A justification statement shall accorni2any the .application for a Certificate of Appropriateness for demolition of 9hall pi!avide the following infortnatio a+i i Zhe-r ,...plie,.tio F• any contributing structure in a historic district or individually designated historic structure. The justification statement must,include_the following: (a) A certified report from a registered architect or engineer which provides documentation explaining that the building is structurally unsound and is damaged beyond the ability to repair it at a reasonable cost. The report must include photographs to substantiate the damage. (b) A certified report from an engineer, architect, general contractor, or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. (c) An appraisal of the property in its current condition, its value as vacant land and its potential value as a preserved and restored historic property. 4 ORD. NO. -15 (d) Documentation that reasonable efforts have been made to :Find a suitable alternate location for the structure within the City of Delray Beach to which the contributing/ individually designated historic structure could be safely relocated. (c) Documentation that the applicant of property owner has taken such steps as it deems necessary to preserve the structure,requested for demolition including consultation with c.orrmunity coups, public agencies, and interested citizens,,tecorntnendations for acquisition of ro er , b ubhc or private bodies or agencies, and exploration of the possibility of movin one or more structures or other features. 41 1) Salvage and Recordation of Historic Structures: a The 12roperty..ownet shall contact the Delray Beach Historical Society for the purpose of salvagi.n�Z and preserving specified classes of building Materials; architectural details and ornaments, fixtures. and the like for reuse in the restoration of the ether historic properties. Confirmation of such efforts shall be provided .in a written statement and submitted with the der olition application prior to consideration by the,Historic Preservation Board. The Board may, with the consent of the nropetty owner, request that the Delray. Beach Historical Society,of the owner, at the.owner's expense, record the architectural details for archival 12urt30ses prior to demolition. i. .............._The recording may include, but shall not be limited to photographs, documents and scaled architectural drawings to include elevations and floor plans. ii. One (1) copy of the recording shall be submitted to the City's Planning and .Zoning Department, and one (1) copy shall be subinitted to the Delray Beach Historical Society for archiving Purposes. Section 4. That Article 4.5, "Overlay and Environmental Managernent Districts," Section 4.5.1, "Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(G), "Unsafe Buildings," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Unsafe Buildings: In the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will itTittiedifftely ftetify the Boafd of his fiftdings provide_the Board with.._a...written statement,photographs, and statement from the property owner to be 12resented by the Chief Building Official at the Tnext available meeting. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may 5 ORD.NO. -15 also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances. Section 5. 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 temainder hereof as a whole or part thereof ogler than the part declared to be invalid, Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same, are heteby repealed. Section 7. 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. M AYOR A'TTEST: City Clerk First Reading Second Reading 6 ORD.NO, -15 ORDINANCE NO. 14-15 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 REPEALING SUBSECTION 4.5.1(E)(7), "DEMOLITION"; BY RENAMING AND AMENDING SUBSECTION 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS," TO AMEND REGULATIONS AND GUIDELINES REGARDING THE DEMOLITION OF HISTORIC STRUCTURES, TO REQUIRE THE SUBMISSION OF A DEMOLITION PLAN, TO REQUIRE THAT PROPERTY OWNERS APPLYING FOR DEMOLITION PERMITS TAKE CERTAIN STEPS TO DOCUMENT, SALVAGE, AND RECORD HISTORIC STRUCTURES, TO ESTABLISH ADDITIONAL REQUIREMENTS FOR DEMOLITION OF MORE THAN 25 PERCENT OF A CONTRIBUTING OR INDIVIDUALLY DESIGNATED STRUCTURE;BY AMENDING SUBSECTION 4.5.1(G),"UNSAFE BUILDINGS,"TO REQUIRE THE CHIEF BUILDING OFFICIAL TO PROVIDE THE HISTORIC PRESERVATION BOARD WITH DOCUMENTATION REGARDING ANY STRUCTURE WITHIN A DESIGNATED HISTORIC SITE OR DESIGNATED HISTORIC DISTRICT THAT IS UNSAFE; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach ("City") desires to preserve and protect the historic nature of the City; and WHEREAS, Section 4.5.1(A) of the City's Land Development Regulations provides as follows: "In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes." WHEREAS, in furtherance of those overarching goals, the City's Land Development Regulations govern the demolition of buildings or structures within, to, and from historic districts or sites; and WHEREAS, recent events have demonstrated that the current regulatory scheme under the City's Land Development Regulations for such demolitions is insufficient to properly protect the City's historical assets; and WHEREAS, the City wishes to revise its Land Development Regulations in order to address the unique issues associated with the demolition of historic buildings or structures in order to promote the preservation and protection of same. 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 Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1, "Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(E), "Development Standards," Subsection 4.5.1(E)(7), "Demolition," of the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed as follows, and remaining Subsections are renumbered accordingly: > , . DELETED AND RENUMBERED Section 3. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1, "Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(F), "Restrictions on Demolitions," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 4.5.1(F) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board and shall be subject to the following requirements: (1) No structure within a historic district or on a historic site shall be demolished before a Certificate of Appropriateness has been issued pursuant to Section 2.4.6(H . (2) The application for a Certificate of Appropriateness for demolition must be accompanied b): an for a Certificate of Appropriateness for alterations to the structure or the redevelopment of the property. 2 ORD.NO. 14-15 (3) Demolition shall not occur until a building permit has been issued for the alterations or redevelopment as described in the applicable Certificate of Appropriateness. (4) All structures approved for demolition and awaiting issuance of a building permit for the alterations or redevelopment shall be maintained so as to remain in a condition similar to that which existed at time that the Certificate of Appropriateness for demolition was approved unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.14Q . (5) A Certificate of Appropriateness for demolition of 25% or more of a contributing or individuall,T�gnated structure shall be subject to the following additional requirements: (a) A demolition plan shall accompany the application for a Certificate of Appropriateness for demolition. The plan shall illustrate all portions of the existing structure that will be removed or altered. (b) The Certificate of Appropriateness for demolition and the Certificate of Appropriateness for alteration or redevelopment shall meet the "Additional Public Notice" requirements of LDR Section 2.4.2�B (1)(i). The uis fe)r e "� Board,, upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a Certificate of Appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are approved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on +1-,e the historic district designation or the individual designation of the proper . {�} No decision of the Board shall result in undue economic hardship for the property owner. The Board shall determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsee6en Section 4.5.1(1). 3 ORD.NO. 14-15 ��(8) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. �44 The Board may grant a certificate of appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months. > , > > > > > > > , (10) Request for Demolition Justification Statement: A justification statement shall accompany the application for a Certificate of Appropriateness for demolition of The sliffil any contributing structure in a historic district or individually designated historic structure. The justification statement must include the following: (a) A certified report from a registered architect or engineer which provides documentation explaining that the building is structurally unsound and is damaged beyond the ability to repair it at a reasonable cost. The report must include photographs to substantiate the damage. (b) A certified report from an engineer, architect, general contractor, or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. (c) An appraisal of the property in its current condition, its value as vacant land and its potential value as a preserved and restored historic property. 4 ORD.NO. 14-15 (d) Documentation that reasonable efforts have been made to find a suitable alternate location for the structure within the City of Delray Beach to which the contributing/ individually designated historic structure could be safely relocated. (e) Documentation that the applicant or property owner has taken such steps as it deems necessary to preserve the structure requested for demolition including consultation with communi roups, public agencies, and interested citizens, recommendations for acquisition of propeMb33public or private bodies, or agencies, and exploration of the possibility of moving one or more structures or other features. (11) Salvage and Recordation of Historic Structures: (a) The property owner shall contact the Delray Beach Historical Society for the purpose of salvaging and preserving specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties. Confirmation of such efforts shall be provided in a written statement and submitted with the demolition application prior to consideration by the Historic Preservation Board. (b) The Board mai,with the consent of the property owner, request that the Delray Beach Historical Society, or the owner, at the owner's expense, record the architectural details for archival purposes prior to demolition. i. The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings to include elevations and floor plans. ii. One (1) copy of the recording shall be submitted to the City's Planning and Zoning Department, and one (1) copy shall be submitted to the Delray Beach Historical Society for archiving purposes. Section 4. That Article 4.5, "Overlay and Environmental Management Districts," Section 4.5.1, "Historic Preservation: Designated Districts, Sites, and Buildings," Subsection 4.5.1(G), "Unsafe Buildings," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Unsafe Buildings: In the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will provide the Board with a written statement,photographs. and statement from the property owner to be presented by the Chief Building Official at the next available meeting. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances. 5 ORD.NO. 14-15 Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 7. 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. M AYOR ATTEST: City Clerk First Reading Second Reading 6 ORD.NO. 14-15 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 22, 2015 SUBJECT: AGENDA ITEM 10.D.-REGULAR COMMISSION MEETING OF JUNE 16,2015 ORDINANCE NO. 15-15(FIRST READING) BACKGROUND On April 21, 2015, the City Commission indicated a desire to determine the most appropriate means of meeting the workforce housing requirement for each development and to require the developer to elect the preferred option for meeting its workforce housing requirement at the time of application for conditional use approval. On May 18, 2015, the Planning and Zoning Board reviewed and approved a draft ordinance to allow for the City Commission to determine the most appropriate means of meeting the workforce housing requirement for each development, and to require the developer to elect the preferred option for meeting its workforce housing requirement at the time of application for conditional use approval. It is noted that the Board expressed concern that the $160,000 cost per unit in-lieu of providing the workforce housing unit on-site and/or off-site was perhaps not consistent with current market rate costs, and should also be a sliding scale based on the size of the workforce housing unit (i.e., IBR- 4BR). Subsequent to the Planning and Zoning Board meeting, staff contacted Evelyn Dobson, Executive Director of the Delray Beach Community Land Trust, to seek her input. She stated that "I concur that $160,000 is an acceptable allowance with taking into consideration the following factors: a 50 X 100 square foot lot can accommodate a 1,500 to 1,700 sq. ft. newly constructed single family home at a cost of$121,500 to $137,700 ($81.00 per sq. ft. hard cost) also taking into consideration that these numbers do not include the soft cost nor the cost of the land (which a nonprofit may or may not own). Further research on a graduated scale for the in-lieu payment of workforce housing units can be conducted should the Commission wish to pursue this concept. REVIEW BY OTHERS The Planning and Zoning Board reviewed the proposed amendment at their regular meeting held on May 18, 2015 and recommended approval on a vote of 6 to 0 (Franciosa absent). DISCUSSION Consideration of a City-initiated amendment to LDR Section 4.7, "Family/Workforce Housing", to provide the City Commission with the discretion to determine the most appropriate means of meeting the workforce housing requirement for each applicant; providing that the applicant must elect the preferred option for meeting the workforce housing requirement at the time of application for conditional use approval; and providing a saving clause, a general repealer clause, and an effective date. RECOMMENDATION Approve on first reading Ordinance 15-15, amending LDR section 4.7, "Family/Workforce Housing", to provide the City Commission with the discretion to determine the most appropriate means of meeting the workforce housing requirement for each applicant; providing that the applicant must elect the preferred option for meeting the workforce housing requirement at the time of application for conditional use approval; and providing a saying clause, a general repealer clause, and an effective date, finding that it is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND ZONING BOARD STAFF REPORT MEETING OF: MAY 18, 2015 AGENDA NO: VII.H. AGENDA ITEM: CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRS) TO AMEND LDR SECTION 4.7, "FAMILY/WORKFORCE HOUSING", TO PROVIDE THE CITY COMMISSION WITH THE DISCRETION TO DETERMINE THE MOST APPROPRIATE MEANS OF MEETING THE WORKFORCE HOUSING REQUIREMENT FOR EACH APPLICANT; PROVIDING THAT THE APPLICANT MUST ELECT THE PREFERRED OPTION FOR MEETING THE WORKFORCE HOUSING REQUIREMENT AT THE TIME OF APPLICATION FOR CONDITIONAL USE APPROVAL; AND PROVIDING A SAYING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ITEM BEFORE THE BOARD The item before the Board is a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to clarify how the workforce housing requirement for each applicant must be met pursuant to LDR Section 4.7. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND INFORMATION This amendment is to LDR Section 4.7 which outlines the requirements for "Workforce Housing". Pursuant to the City Commission's request at its April 21, 2015 meeting, the City Attorney's office has drafted an amendment to LDR Section 4.7 to provide the City Commission with the discretion to determine the most appropriate means of meeting the workforce housing requirement for each development. The amendment would also require the developer to elect the preferred option for meeting its workforce housing requirement at the time of application for conditional use approval. ANALYSIS OF WORKFORCE HOUSING REQUIREMENTS INCREASED HEIGHT: Pursuant to LDR Section 4.3.4(J)(4)(b), applicants must provide a proposal for workforce housing satisfactory to the City Commission to qualify for an increase in height. Planning and Zoning Staff Report— May 18, 2015 LDR Text Amendment—Workforce Housing General: Developers may propose to also meet the workforce housing requirement by providing the units on-site, providing a monetary contribution, or delivery of off-site units. The developer's proposal for satisfying its workforce housing obligations pursuant to this section shall be subject to the review and approval by the City Commission. The City Commission may, in its sole and absolute discretion, accept the developer's plan for workforce housing, reject the developer's plan for workforce housing, or direct the developer to modify and re-submit a workforce housing proposal. A combination of these three (3) options may be permissible subject to City Commission review and approval as provided in this amendment. On-site: The developer may provide satisfaction of the number of workforce housing units required by designating their locations within the development project and actually constructing them. Monetary Contribution: For each required workforce housing unit which is approved by the City Commission for payment by monetary contribution, developers shall make a payment of a sum equal to $160,000, payable to the City of Delray Beach Housing Trust Fund in-lieu of providing the workforce housing unit within the development. The applicant must elect and submit its preferred option or combination of options for meeting the workforce housing requirement at the time application for conditional use approval is submitted for consideration by the appropriate board. Off-site Units: Off-site units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units in another project. These units would be constructed at the time of the first vertical building permit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required for each phase. INCREASED DENSITY: Pursuant to 4.4.13(1), applicants must provide a proposal for workforce housing satisfactory to the City Commission to qualify for increased density. General: Developers may propose to meet the workforce housing requirement by providing the units on- site, providing a monetary contribution, or delivery of off-site units. The developer's proposal for satisfying its workforce housing obligations pursuant to this section shall be subject to the review and approval by the City Commission. The City Commission may, in its sole and absolute discretion, accept the developer's plan for workforce housing, reject the developer's plan for workforce housing, or direct the developer to modify and re-submit a workforce housing proposal. A combination of these three (3) options may be permissible subject to City Commission review and approval as provided in this amendment. 2 Planning and Zoning Staff Report— May 18, 2015 LDR Text Amendment—Workforce Housing On-site: The developer may provide satisfaction of the number of workforce housing units required by designating their locations within the development project and actually constructing them. Monetary Contribution: For each required workforce housing unit which is approved by the City Commission for payment by monetary contribution, developers shall make a payment of a sum equal to $160,000, payable to the City of Delray Beach Housing Trust Fund in-lieu of providing the workforce housing unit within the development. The applicant must elect and submit its preferred option or combination of options for meeting the workforce housing requirement at the time application for conditional use approval is submitted for consideration by the appropriate board. Off-site Units: Off-site units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units in another project. These units would be constructed at the time of the first vertical building permit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required for each phase. DENSITY BONUS PROGRAM: Southwest Neighborhood Overlay District, Carver Estates Overlay District and Infill Area: Subject to the review and approval by the City Commission as provided in Section 4.7.2, Workforce housing units may be located off-site, provided the off-site location chosen is within the City of Delray Beach. Southwest 10th Street, I-95/CSX Railroad Corridor and Silver Terrace Courtyards Overlay Area: Subject to the review and approval by the City Commission as provided in Section 4.7.2, Workforce housing units may be located off-site, provided the location chosen is within the City of Delray Beach. REQUIRED FINDINGS COMPREHENSIVE PLAN: Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The following applicable objectives and policies are noted: Housing Element Objective A-7: The City shall work to upgrade substandard housing conditions by providing programs to improve the structural and aesthetic conditions of its existing housing stock and neighborhoods and address the needs of displaced residents. Most programs will be targeted to those areas that are showing the greatest signs of deterioration (those identified as "needing Revitalization" 3 Planning and Zoning Staff Report— May 18, 2015 LDR Text Amendment—Workforce Housing or "needing Rehabilitation" on the Residential Neighborhood Categorization Map); others will be available citywide. The proposed amendment is consistent and is in furtherance of this objective of the Comprehensive Plan. Housing Element Policy A-7.1: Through its CDBG program, the City will continue to offer housing rehabilitation loans for the upgrading of substandard owner-occupied housing in designated target areas. The proposed amendment is consistent and is in furtherance of this policy of the Comprehensive Plan. Housing Element Policy A-7.2: The City will participate in state and federal programs such as SHIP (State Housing Initiatives Partnership) and HOME, and to provide for the purchase and rehabilitation of existing housing and the construction of new housing. The proposed amendment is consistent and is in furtherance of this policy of the Comprehensive Plan. Based upon the above, the proposed amendment to LDR Section 4.7 Family/Workforce Housing is consistent with LDR Section 2.4.5(M)(5) of the Land Development Regulations and applicable Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Section 4.7 Family/Workforce Housing, to provide the City Commission with the discretion to determine the most appropriate means of meeting the workforce housing requirement for each applicant, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ■ Proposed Ordinance 16-15 4 ORDINANCE NO. 15-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.7, "FAMILY/WORKFORCE HOUSING" TO PROVIDE THE CITY COMMISSION WITH THE DISCRETION TO DETERMINE THE MOST APPROPRIATE MEANS OF MEETING THE WORKFORCE HOUSING REQUIREMENT FOR EACH APPLICANT; PROVIDING THAT THE APPLICANT MUST ELECT THE PREFERRED OPTION FOR MEETING THE WORKFORCE HOUSING REQUIREMENT AT THE TIME OF APPLICATION FOR CONDITIONAL USE APPROVAL; 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 May 18, 2015, and voted 6 to 0 to recommend that the changes be approved; 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; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. 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 4.7.2, "Applicability", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: b. Subject to the restrictions of this Article, developments constructed pursuant to Section 4.3.4(J)(4)(b) must provide a proposal for workforce housing satisfactory to the City Commission to qualify for an increase in height. Developers may propose to Rse meet this requirement by providing the units onsite, providing a monetary contribution, or delivery of offsite units. The developer's proposal for satisfying its workforce housing obligations pursuant to this section shall be subject to the review and approval by the City Commission. The City Commission may, in its sole and absolute discretion, accept the developer's plan for workforce housing, reject the developer's plan for workforce housing, or direct the developer to modify and re-submit a workforce housing proposal. A combination of these three options is may be permissible subject to City Commission review and approval as provided for herein. For each required workforce housing unit which is approved by the City Commission for payment by monetary contribution, developers may shall make a payment of a sum equal to $160,000, payable to the City of Delray Beach Housing Trust Fund in lieu of providing the workforce housing unit within the development. The applicant must elect and submit its preferred option or combination of options for meeting the workforce housing requirement at the time application for conditional use approval is submitted for consideration by the appropriate board. Offsite units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units in another project. These units would be constructed at the time of the first vertical building permit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required for each phase. c. Subject to the restrictions of this Article, developments constructed pursuant to 4.4.13(I) must provide a proposal for workforce housing satisfactory to the City Commission to qualify for increased density. Developers may propose to meet this requirement by providing the units onsite, providing a monetary contribution, or delivery of offsite units. The developer's proposal for satisfying its workforce housing obligations pursuant to this section shall be subject to the review and approval by the City Commission. The City Commission may, in its sole and absolute discretion, accept the developer's plan for workforce housing, reject the developer's plan for workforce housing, or direct the developer to modify and re-submit a workforce housing proposal. A combination of these three options i-s may be permissible subject to City Commission review and approval as provided for herein. For each required workforce housing unit which is approved by the City Commission for payment by monetary contribution, developers shall make a payment of a sum equal to $160,000, payable to the City of Delray Beach Housing Trust Fund in lieu of providing the workforce housing unit within the development. The applicant must elect and submit its preferred option or combination of options for meeting the workforce housing requirement at the time application for conditional use approval is submitted for consideration by the appropriate board. Offsite units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units in another project. These units would be constructed at the time of the first vertical building permit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required for each phase. 2 ORD.NO. 15-15 Section 3. That Section 4.7.4, 'Density Bonus Program for the Southwest Neighborhood Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing Area", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: c. Subject to the review and approval by the City Commission as provided in Section 4.7.2, -Wworkforce housing units may be located off-site provided the off-site location chosen is within the City of Delray Beach. Section 4. That Section 4.7.5, "Density Bonus Program for the Southwest 10th Street, I-95/CSX Railroad Corridor and Silver Terrace Courtyards Overlay Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: i. Subject to the review and approval by the City Commission as provided in Section 4.7.2, Wworkforce housing units may be located off-site provided the location chosen is within the City of Delray Beach. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 3 ORD.NO. 15-15 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2015. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD.NO. 15-15 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: June 5, 2015 SUBJECT: AGENDA ITEM 10.E.-REGULAR COMMISSION MEETING OF JUNE 16,2015 ORDINANCE NO.17-15(FIRST READING) BACKGROUND The Palm Beach County Human Rights Council ("Council") has created a draft model ordinance which provides for a municipal non-discrimination policy by adopting by reference the Florida Statutes creating the Florida Fair Housing Act, the Palm Beach County Equal Employment Ordinance, and the Palm Beach County Ordinance for Equal Opportunity to Housing Places of Public Accommodation. The Council has distributed this draft ordinance to Palm Beach County municipalities asking Cities to consider its adoption. Such ordinances have been previously enacted in the Cities of Boynton Beach, Greenacres, Lake Worth, and West Palm Beach. This ordinance creates a Delray Beach Civil Rights Act by adopting by reference the laws and ordinances referenced above. Attached to this agenda item are the relevant sections of the laws cited in the ordinance. ORDINANCE NO. 17-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 13, "GENERAL OFFENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY CREATING A NEW SECTION 137, "CIVIL RIGHTS", PROVIDING FOR NON-DISCRIMINATION WITHIN THE CITY; PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE;AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, seeks to codify the City's policy of non-discrimination; and WHEREAS, the City Commission of the City of Delray Beach, Florida, seeks to further ensure a policy of non-discrimination in all activities promoted or sponsored by the City; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that codifying a non- discrimination policy is in the best interests of the citizens and residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That Title 13, "General Offenses", of the Code of Ordinances of the City of Delray Beach, is hereby amended by creating Section 137, "Civil Rights", to read as follows: Sec. 137 CIVIL RIGHTS. Section 137.01 Purpose. The Delray Beach City Commission desires to secure for its citizens freedom from discrimination because of race, color, national origin, religion, sex render identity or expression, Venetic information, sexual orientation, disability, marital status, j2regnanc):, familial status, or age, and thereb,T�protect their interest in personal dignity; to make available to the City their full productive capacities, to secure the Cit�against domestic strife and unrest, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individuals within the City. The City Commission also desires to adopt an ordinance which is consistent with federal, state, and local laws and which affords its citizens a clear channel of access to remedies in the case of alleged discrimination, to wit, the Equal Employment Opportunity Commission, the Florida Commission on Human Relations and the Palm Beach County Office of Equal Opoortunit�:. Section 2. Adoption of Delray Beach Civil Rights Act. The Florida Civil Rights Act of 1992, Chapter 760, Sections 760.01 through 760.11 and Section 509.092, Florida's Fair Housing Act, Chapter 760, Sections 760.20 through 760.37, the Palm Beach County Edual Employment Ordinance, Chapter 2, Article VI, Division 1, Sections 2-261 through 2-313, and the Palm Beach County Ordinance for Edual Opportunity to Housing and Places of Public Accommodation, Chapter 15, Article III, Sections 15-36 through 15-64 are collectivel,T�pted by reference as the Delray Beach Civil Rights Ordinance Act, subject to and including by reference such amendments, corrections and additions as shall occur therein or as ma)� ppear in this Chapter. 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 division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 4. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 45. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2015. MAYOR ATTEST: City Clerk First Reading Second Reading 2 Ord. No. 17-15 Palm Beach County, FL Code of Ordinances Page l of I ARTICLE III. HOUSING, PLACES OF PUBLIC ACCOMMODATION FOOTNOTE(S): --- (3)--- Editor's note—Ord. No. 2014-019, adopted July 22, 2014, repealed Art. III and enacted anew article as set out herein.The former Art. III, §§ 15-36-15-64, pertained to similar subject matter and derived from Ord. No. 90-1, §§ 1-29, adopted Jan. 16, 1990; Ord. No. 95-42, §§ I—VII, IX—XXIII, adopted Oct. 17, 1995; Ord. No. 96-23, §§ I—VI, adopted Aug. 20, 1996; and Ord. No. 07-042, §§ 1-14, adopted Dec. 18, 2007. State Law reference— Home rule powers of chartered counties, Fla. Const.,Art.Vlll, § 1(g). about:blank 615/201.5 Palm Beach County, FL Code of Ordinances Page 1 of 20 Sec. 15-36. -Purpose. It is hereby declared to be the policy of the Board of County Commissioners, in the exercise of its police power for the public safety, public health, and general welfare,to assure,within constitutional limitations, equal opportunity to all persons to live in available housing facilities regardless of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression, and, to that end,to prohibit discrimination in housing by any person. It is also hereby declared to be the policy of the Board of County Commissioners, in the exercise of its police power for public safety, public health and general welfare,to assure,within constitutional limitations, equal opportunity to all persons, regardless of race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status, or gender identity or expression,to participate in the full and equal enjoyment of the goods, services, facilities, privileges, advantages and, to that end, to prohibit discrimination in places of public accommodation. (Ord. No. 2014-019, 7-22-14) Sec. 15-37. - Definitions. When used herein: (1) Person includes one (1) or more individuals, partnerships, associations, corporations, unincorporated organizations, legal representatives,trustees and trusts, trustees in bankruptcy, labor organizations, mutual companies,joint-stock companies, receivers, or fiduciaries. (2) The term unlawful discriminatory practice includes only those practices specified in sections 15-57 through 15-61 hereof. (3) The term Board, unless a different meaning clearly appears from the context, means the Fair Housing Board, created by section 15-39. (4) Each of the following establishments which serve the public is a place of public accommodation within the meaning of this article: a. Any inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his/her residence; b. Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including but not limited to any such facility located on the premises of any retail establishment or any gasoline station; c. Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and d. Any establishment: (i) 1. Which is physically located within the premises of any establishment otherwise covered by this subsection; or 2. Within the premises of which is physically located any such covered about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 2 of 20 establishment; and (ii) Which holds itself out as serving patrons of such covered establishment. Such term shall not include any institution, club or place of accommodation which is in its nature distinctly private and not in fact open to the public. (5) Dwelling or housing means any real property, building, mobile home or trailer, structure or portion thereof which is used or occupied as, or is intended, arranged or designed to be used or occupied as, the home, residence or sleeping place of one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. (6) To rent includes to lease, to sublease,to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (7) The term family includes the grandparents, parents, children, brothers and sisters, whether by marriage, legal adoption or blood, and their spouses and children, of either the property owner or spouse of the property owner, and the term "family" also includes a single individual. (8) The term complainant shall mean the person filing the complaint pursuant to this article. (9) The term respondent shall mean the person or other entity accused in the complaint of an unlawful discriminatory practice and any other person or entity identified in the course of investigation not named as a respondent in the initial complaint who may be joined as an additional or substitute respondent upon written notice. (10) Disability means with respect to a person: a. A physical or mental impairment which substantially limits one (1) or more of such person's major life activities. b. A record of such an impairment; or c. Being regarded as having such an impairment. d. Disability does not include the current illegal use or addiction to a controlled substance (as defined in Section 102 of the Controlled Substance Act(21 U.S.C. 802)). e. As used throughout this article, prohibitions against discrimination on the basis of disability includes disabilities of the patron, buyer or renter, or of a person residing in or intending to reside in that dwelling after it is sold, rented, or made available or of any person associated with the buyer, or renter or patron. (11) Familial status means one (1) or more individuals who have not attained the age of eighteen (18)years being domiciled with: a. A parent or another person having legal custody of such individual or individuals; or b. The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18)years. (12) Sexual orientation means male or female homosexuality, heterosexuality or bisexuality, by preference or practice. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 3 of 20 (13) Conciliation means the attempted resolution of issues raised by the complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent, and the Office of Equal Opportunity. (14) Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation. (15) Prevailing party has the same meaning as such term has in Section 722 of the Revised Statutes of the United States(42 U.S.C. 1988). (16) Multifamily dwelling means: a. Buildings consisting of four(4) or more units if such buildings have one (1) or more elevators; and b. Ground floor units in other buildings consisting of four(4) or more units. (17) Residential real estate related transaction means any of the following: a. The making or purchasing of loans or providing other financial assistance: (i) For purchasing, constructing, improving, repairing or maintaining a dwelling; or (ii) Secured by residential real estate. b. The selling, brokering or appraising of residential real properly. c. Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression. (18) Housing for older persons means housing: a. Provided under any state or federal program that the OEO or the Board determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or b. Intended for, and solely occupied by, persons sixty-two (62)years of age or older; or c. Intended and operated for occupancy by at least one(1) person fifty-five (55)years of age or older per unit in eighty(80) percent of the units, provided that the occupancy of such housing can be verified in accordance with rules established by the U. S. Department of Housing and Urban Development and provided that the mousing facility publishes and adheres to policies and procedures that demonstrate the intent to provide housing for older persons. d. Housing shall not fail to be considered housing for older persons if: (i) A person who resides in such housing on or after September 13, 1988, does not meet the age requirements of this subsection provided that any new occupant meets such age requirements; or (ii) One(1) or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection. e. In determining whether housing meets the requirements of housing for older persons, the County will utilize current federal regulations regarding criteria for housing for older about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 4 of 20 persons. (19) Gender identity or expression means a gender-related identity, appearance, expression or behavior of an individual, regardless of the individual's assigned sex at birth. (20) OEO means the Palm Beach County Office of Equal Opportunity. (21) Director means the director of the OEO. (Ord. No. 2014-019, 7-22-14) Sec. 15-38. - Office of Equal Opportunity(OEO). The County Administrator exercising his/her power of appointment shall employ a Director ("Director") of the OEO and such other personnel in the OEO as may be provided for in the budget approved by the Board of County Commissioners and for which an appropriation has been made. The staffing complement shall be referred to as the OEO. It shall be the responsibility of the Director and/or the Director's designee to investigate complaints of discrimination prohibited by this article, attempt to conciliate and mediate complaints of discrimination, and to perform such other duties of an administrative nature as may be assigned by the County Administrator. (Ord. No. 2014-019, 7-22-14) Sec. 15-39. - Fair Housing Board (Board). The Board is hereby created and established. The Board is to be comprised of nine (9) citizens of the county appointed by the Board of County Commissioners to serve for terms of three (3)years. There shall be a limit of three consecutive three-year terms.Terms shall begin on October 1 st, and end on September 30th. All Board members must be residents of Palm Beach County at the time of appointment and while serving on the Board. Board appointments should reflect,to the greatest extent possible,the racial, gender and ethnic make-up of the community. Members of this Board shall be the same as members of the Equal Employment Board created by the Palm Beach County Equal Employment Ordinance as codified in Sections 2-261 through 2-313 of the Palm Beach County Code. Seven (7)of the appointments shall be made as district appointments and two (2) of the appointments shall be made at large by the Board of County Commissioners on the basis of community representation, integrity, experience and interest in the area of equal opportunities. In order thatthe terms of office of all members shall not expire at the same time, all current members of the Board shall serve the remainder of their respective terms, if they so elect.Any member who elects not to serve the remainder of their term shall be replaced by appointments made by the Board of County Commissioners to serve the unexpired portion of the term. Vacancies shall be filled in the same manner as the original appointments for the remainder of the vacant term. Each member shall serve without compensation. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill Board member responsibilities when sufficient funds have been budgeted and are available as set forth in PPM CW-0-038. No other expenses are reimbursable except documented long distance phone calls to the OEO.Approval authority for pre-authorized Board member travel is designated to the County Administrator and Deputy County Administrator and shall be in accordance with Countywide Policy and Procedures Memoranda (PPM) CW-F-009. Each district appointee serves at the pleasure of the appointing Commissioner and may be removed without cause by the appointing Commissioner at any time, and at large appointees may be removed without cause about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 5 of 20 by a majority vote of the Board of County Commissioners at any time. The maximum number of boards that an individual appointed by the Board of County Commissioners may serve on at one (1) time shall be three (3), however, membership on the Equal Employment Board and this Board shall only be considered membership on one (1) advisory board. Members shall comply with the applicable provisions of the Palm Beach County Code of Ethics, as codified in Section 2-441 through 2-448 of the Palm Beach County Code and the State Code of Ethics. Abstention from voting due to a conflict of interest on more than three (3) separate matters during a calendar year shall result in automatic removal. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend three (3) consecutive meetings or failure to attend more than one-half(/z) of the meetings scheduled during a calendar year. Participation for less than three-fourths(3/a) of a meeting shall be the same as failure to attend a meeting. Members removed pursuant to this paragraph shall not continue to serve on the Board and such removal shall.create a vacancy. Board members shall not be prohibited from qualifying as a candidate for elected office. County employees, other than Commissioners'Aides, may not be appointed to the Board. Former Board of County Commission members may not be appointed to the Board for at least two (2)years following their last day in office as a County Commissioner. Members of the Board shall appoint a chairperson and vice- chairperson, and the Board may promulgate rules and regulations for the conduct of its meetings and affairs. (Ord. No. 2014-019, 7-22-14) Sec. 15-40. - Board terms, rules and regulations. The following rules and regulations shall govern the operation of the Board: (1) The chairperson of the Board shall be elected by majority vote of the Board and shall serve for a term of one (1)year and have the following duties: a. Call Board meetings and set the agenda for the same. b. Preside at Board meetings. c. Sign subpoenas. d. Perform such other functions as the Board may assign by rule or order. (2) The vice-chairperson shall be elected by majority vote of the Board and shall serve for a term of one (1)'year. The vice-chairperson shall perform the duties of the chairperson in the chairperson's absence and such other duties as the chairperson may assign. (3) If a vacancy occurs in the office of chairperson,the vice-chairperson shall become the chairperson for the unexpired term of the chairperson. If a vacancy occurs in the office of vice-chairperson,the Board will elect another member to fill the unexpired term of the vice- chairperson. (4) At least three (3) members of the Board or any other odd number shall constitute a hearing panel for the purpose of hearing discrimination complaints. A majority of members appointed shall constitute a quorum to hold a meeting for any other purpose. Board business shall betaken by a majority vote. (5) All meetings shall be governed by Robert's Rules of Order. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 6 of 20 (Ord. No. 2014-019, 7-22-14) Sec. 15-41. - Board meetings. The Board shall comply with the Sunshine Law. The Board shall meet on a regular basis and as necessary to conduct administrative hearings. Reasonable notice of the time and place of the meeting shall be given to all Board members and all parties scheduled to be heard, and shall be made public. All meetings of the Board shall be open to the public. The chairperson may call an unscheduled meeting upon not less than twenty-four(24) hours notice, and preferably at least seventy-two (72) hours reasonable notice to the public, and meetings may also be called by the Director upon the request of three (3) members of the Board.The County Administrator shall provide such staff as may reasonably be required in his/her discretion to assist the Board in the performance of its duties.The County Administrator shall provide a regular meeting place for the Board. (Ord. No. 2014-019, 7-22-14) Sec. 15-42. -Objectives of the Board. The objectives of the Board shall be: (1) To promote and encourage fair treatment and equal opportunity in housing and public accommodation for all persons regardless of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression;to promote and encourage mutual understanding and respect among such persons and to endeavor to eliminate discrimination in housing and public accommodation against and antagonism between such persons; (2) To cooperate with governmental and nongovernmental agencies and organizations having like or kindred functions; (3) To make such investigations and studies in the field of fair housing and public accommodation as in its judgment will aid in effectuating its general purposes; (4) To assist various groups and agencies of the community to cooperate in educational programs and campaigns devoted to the elimination of discrimination in housing and places of public accommodation; (5) To aid in permitting the County to benefit from the fullest realization of its housing and public accommodation resources; (b) To recommend to the Board of County Commissioners the acceptance of certain grants and contracts from foundations and other sources for the purposes of carrying out the purposes of this article; and (7) To recommend to the Board of County Commissioners methods for elimination of discrimination and intergroup tensions. The objectives set forth above are not to be construed as duties, and the Board of County Commissioners shall have the discretion to determine when each objective is implemented. (Ord. No. 2014-019, 7-22-14) Sec. 15-43. - Powers and duties of the Board. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 7 of 20 The powers and duties of the Board shall be: (1) To refer or accept referral of complaints when appropriate and to cause, through the OEO, investigations of: a. Tension or prejudice in relation to all housing and public accommodation matters involving race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression. b. Discrimination against any person by any person with regard to housing and public accommodation matters on the basis of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression. (2) To receive, initiate, seek to conciliate, hold hearings upon and adjudicate complaints alleging violations of this article;to recommend methods and alternatives for eliminating injustices occasioned thereby to carry out and enforce the purpose of this article. (3) To administer oaths, subpoena witnesses, and compel production of evidence pertaining to any hearing convened pursuant to the powers and duties authorized by this article. (4) To subpoena witnesses and compel production of evidence requested by the OEO relating to an investigation being conducted pursuant to this article. (5) To meet and exercise its power in any place within the county. (6) To issue remedial orders prohibiting violations of this article and providing affirmative relief from the effects of the violation as specified in section 15-55. (Ord. No. 2014-019, 7-22-14) Sec. 15-44. - Powers and duties of the Director. The powers and duties of the Director and/or the Director's designee shall be: (1) To investigate: a. Tension or prejudice in relation to all housing and public accommodation matters involving race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression. b. Discrimination against any person by any person with regard to housing and public accommodation matters on the basis of race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status, or gender identity or expression. (2) To have access during an investigation, at all reasonable times, to premises, and may examine records, documents, and other evidence or possible sources of evidence, and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation provided that the Director and/or the Director's designee complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures. (3) To attempt to conciliate and mediate complaints of discrimination brought pursuant to this article. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 8 of 20 (4) To prepare conciliation agreements embodying any agreement reached by the parties relating to the complaint, and advise the Board of such agreement. (5) To dismiss complaints of discrimination upon a finding of no reasonable cause under this article. (6) To administer oaths. (7) To exercise all powers reasonable and necessary to fulfill the purposes of this article. (Ord. No. 2014-019, 7-22-14) Sec. 15-45. - Filing of complaints. Any person who claims to have been injured by an unlawful discriminatory practice or who believes that he/she will be injured by an unlawful discriminatory practice that is about to occur may file a sworn written complaint with the OEO, which shall state the name and address of the complainant and the person or persons against whom the complaint is made. It shall also state the facts surrounding the alleged unlawful discriminatory practice and such other information as may be required by the OEO.The Director, with the Board's approval, may also file such a complaint. The complaint shall be filed not later than one (1)year after the date of the alleged unlawful discriminatory practice in order to be processed under this article.The complaint may be reasonably and fairly amended at any time. (Ord. No. 2014-019, 7-22-14) Sec. 15-46. - Notice of complaint. Upon the filing of the complaint,the Director shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this article.The Director or the Director's designee shall, not later than ten (10) days after such filing or the identification of an additional respondent, serve on the respondent a notice, by certified mail, identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this article, together with a copy of the original complaint. The respondent may file a sworn written answer to the complaint within ten (10) days of receipt of the complaint. Failure to file an answer by the respondent shall not result in any presumption of admission to the allegations in the complaint.Any subsequent amendment to the complaint or answer thereto shall be served by U.S. mail. (Ord. No. 2014-019, 7-22-14) Sec. 15-47. - Processing complaints. The OEO shall commence its investigation under this article within thirty(30) days of the receipt of a sworn written complaint.Within one hundred (100) days of the filing of the complaint as set forth in section 15-45, the staff of the OEO shall make such investigation as the Director deems appropriate to ascertain facts and issues. If the OEO is unable to complete the investigation within one hundred (100) days after the filing of the complaint, they shall notify the complainant and the respondent in writing of the reasons for not doing so. In conducting an investigation to ascertain whether or not there has been a violation of this article, the Director and/or the Director's designee shall have access at all reasonable times to premises, and may examine records, documents, and other evidence, or possible sources of about:blank 6/5/2015 Palm Beach County, PL Code of Ordinances Page 9 of 20 evidence, and may record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation provided that the OEO complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures. The Director,the Director's designee or the Board may issue subpoenas to compel access to, or the production of, such materials, or the appearance of such persons, and may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. In the case of a refusal to obey a subpoena issued to any person, or refusal to comply with any method of discovery authorized in the Florida Rules of Civil Procedure,the Board and/or the Director shall request the County Attorney to make application to the appropriate court to order the witness to comply with a request for discovery, or to appear before the Board and to produce evidence, if so requested, or to give testimony concerning the matter in question. Failure to obey the order may be punishable by the court as contempt.The Director and/or the Board may administer oaths.The OEO shall endeavor to achieve final administrative disposition of the complaint within one(1)year of its filing, unless it is impracticable to do so. If final administrative disposition is impractical to achieve within one (1)year of the filing of the complaint,the parties shall be provided notice which shall state the reasons why it is impractical to achieve final disposition within one (1)year. (Ord. No. 2014-019, 7-22-14) Sec. 15-48. -Withdrawal of complaint. A complaint filed pursuant to this article may be withdrawn at any time by the complaining parry upon notifying the OEO; however, the Director may continue action against the respondent if the facts establish reasonable cause to support a finding of discrimination and the Board approves such further action. (Ord. No. 2014-019, 7-22-14) Sec. 15-49. - Preservation of records. Following service of the complaint in the manner provided herein, the respondent shall preserve all personnel records, property records, or any other written or documentary material relating to the complaint until the complaint has been resolved. (Ord. No. 2014-019, 7-22-14) Sec. 15-50. - Dismissal of complaint. Any complaint filed pursuant to this article shall be dismissed by the Director or the Board upon the following grounds: (1) The complainant has failed or refused to cooperate or the complainant cannot be located after reasonable efforts to do so have been made and after at least ten (10) days' notice to the complainant by certified mail to the complainant's last known address and the complainant has failed to duly respond; (2) The complaint has not been timely filed with the OEO; (3) The Director determines that no reasonable cause exists to believe that a discriminatory about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 10 of 20 practice has occurred or is about to occur. (Ord. No. 2014-019, 7-22-14) Sec. 15-51. - Investigation procedure. After the complaint has been filed,the OEO shall conduct an investigation. The OEO may utilize the services and information gathered from other public agencies charged with the administration of equal opportunity laws. The following procedures shall be followed: (1) Complaint verification. As part of the investigation process, the complaining party maybe required to provide an additional sworn written statement,which shall include: a. A statement of each particular harm or potential harm which the aggrieved person has suffered or will suffer and the date on which each harm occurred or will occur; b. For each harm, a statement specifying the act, policy or practice which is alleged to be unlawful; c. For each act, policy or practice alleged to have harmed the aggrieved person, a statement of the facts which lead the complainant to believe that the act, policy or practice is discriminatory. (2) Requests for information. In investigating the complaint,the OEO may obtain information by: a. Oral interview; and/or b. Requests for written statement or affidavit; and/or c. Any discovery methods set forth in the Florida Rules of Civil Procedure. (3) Complainant's duty to cooperate. The complainant shall appear or be available for interviews and provide necessary information requested by the OEO pursuant to this section. Failure to do so may result in dismissal of the complaint. (4) Access to files during investigation. Information obtained during the investigation of the complaint shall be disclosed only to the complainant,the respondent, or their authorized representative, or to witnesses, only when disclosure is deemed necessary by the Director for the investigation or for securing appropriate disposition of the complaint.The Director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret and in accordance with the provisions of the Florida Public Records Law(F.S. § 119.01 et seq.). (Ord. No. 2014-019, 7-22-14) Sec. 15-52. - Determination of reasonable cause; notice. (a) Upon completion of an investigation, if the issue(s)alleged in the complaint has not been settled or withdrawn, the Director shall make a determination based on the facts whether reasonable cause exists to believe that an unlawful discriminatory practice has occurred or is about to occur. (b) If a notice of determination of reasonable cause is issued,the notice shall include an invitation to participate in conciliation. (c) After service of a notice of determination, records and documents in the custody of the OEO that pertain to the determination shall be open for public inspection in accordance with the provisions about:blank 6/5/2015 Palm Beach County,FL Code of Ordinances Page 11 of 20 of the Florida Public Records Law(F.S. § 119.01, et seq.). (Ord. No. 2014-019, 7-22-14) Sec. 15-53. - Finding of reasonable cause; conciliation procedure. (a) During the period beginning with the filing of the complaint and ending with the final disposition, the OEO shall,to the extent feasible, engage in conciliation with respect to such complaint. Where such conciliation attempts are successful,the agreement shall be between the complainant, aggrieved person(s) and the respondent subject to approval by the Director.The terms of the agreement shall be reduced to writing and signed by the complainant, aggrieved person(s),the respondent and the Director. The original of the signed agreement shall be filed with the OEO, and copies shall be sent to the respondent, complainant, aggrieved person(s) and the Board. (b) When an agreement has not been signed, and the complaint has not been withdrawn or dismissed, the Director shall send a notice of failure of conciliation to the complainant and the respondent'not less than thirty(30) days after issuance of a notice of determination of reasonable cause. (c) Nothing said or done in the course of the conciliation process may be made public or used as evidence in subsequent proceedings under sections 15-54 through 15-56 without the written consent of the parties.Any employee of the OEO who makes public any such information in vioiation of this provision shall be prosecuted in the same manner as a misdemeanor of the second degree, punishable as provided in F.S. Ch. 775. Final executed and approved conciliation agreements will be made public. (Ord. No. 2014-019, 7-22-14) Sec. 15-54. - Enforcement. (a) In any proceeding brought pursuant to this article, the burden of proof is on the complainant. (b) A complainant may commence a civil action under this article whether or not the complaint has been filed and without regard to the status of any such complaint. However, if the OEO has obtained an agreement with the consent of a complainant, no action may be filed under this article by such complainant with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement. (c) Whenever an action filed in either federal or state court pursuant to this article, or any federal or state laws protecting the same rights stated herein comes to trial, the OEC) and the Board shall immediately terminate all efforts to obtain voluntary compliance. (d) If the Board of County Commissioners concludes at anytime following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article,the Board of County Commissioners shall direct the County Attorney to institute a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this article.The commencement of a civil action under this subsection shall not affect the initiation or continuation of proceedings under this article. The Board of County Commissioners need not have petitioned for administrative hearing or exhausted the administrative remedies prior to requesting the commencement of a civil action. (e) The court may award actual and punitive damages and may impose the following civil penalties about:b)ank 6/5/2015 Palin Beach County, FL Code of Ordinances Page 12 of 20 for each violation of this article: (1) Up to ten thousand dollars ($10,000.00), if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (2) Up to twenty-five thousand dollars($25,000.00), if the respondent has been adjudged by order of the Board or a court to have committed one (1) prior discriminatory housing practice within the preceding five-year period ending on the date of the filing of this complaint. (3) Up to fifty thousand dollars($50,000.00), if the respondent has been adjudged by order of the Board or a court to have committed two(2) or more discriminatory housing practices within the preceding seven-year period ending on the date of the filing of this complaint; except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (2)and (3) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. (f) In imposing a fine under subsection (e), the court shall consider the nature and circumstances of the violation, the degree of culpability, the history of prior violations of this article, the financial circumstances of the respondent, and the goal of deterring future violations of this article. (g) In addition to the above-stated fines, the court shall award reasonable attorney's fees and costs to the County in any action in which the County prevails under this article. (h) The court may also grant injunctive and/or other appropriate equitable relief. (Ord. No. 2014-019, 7-22-14) Sec. 15-55. -Administrative remedies and other relief. (a) A complainant, a respondent, or an aggrieved person on whose behalf a fair housing complaint was filed under this article may elect to have the claims asserted in that complaint decided in a civil action as provided by Section 15-56 of this article, in lieu of a hearing provided by this section. (b) The election under this section must be made not later than the 20th day after the date of issuance by the electing person of the notice of failure of conciliation, or in the case of the Director, not later than the 20th day after such service. The electing person shall give notice to the Director and to all other complainants and respondents to whom the complaint relates. (c) The fair housing complainant may request an administrative proceeding before the Board within thirty(30) days after receiving the notice of failure of conciliation. Additionally, if the Director is unable to obtain voluntary compliance with this article or has reasonable cause to believe that a discriminatory housing practice has occurred,the Director may institute an administrative proceeding before the Board on any Director-initiated complaint. (d) In conducting an administrative hearing to ascertain whether or not there has been a violation of this article, the Board shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents, and receive evidence.The Board shall conduct the administrative hearing in accordance with the procedure provided in F.S. .§ 120.57, as amended. (e) All recommended orders prepared by the Board as a result of such hearing or hearings shall conform to the requirements for such orders as set out in F.S. § 120.57, as amended. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 13 of 20 The Board shall submit a copy of the order on each party to the administrative proceedings.The recommended order shall be considered as the final order of the Board as provided by F.S. § 120.57, as amended. (g) Any party to such administrative proceedings shall have the right to appeal the administrative order described herein by filing notice of appeal pursuant to Florida Appellate Rule 9.110(a)(2) within thirty(30) days of the issuance of such order by the Board. Any party shall have the right to bring an action in the appropriate court to ensure compliance with this order. (h) In case of refusal to obey a subpoena issued by the Board, the County or the person at whose request it was issued may, in addition to any other remedies made available, petition for its enforcement in the appropriate court. (i) Should any party fail or refuse to comply with the final order issued or breach a conciliation agreement as provided herein, then following the expiration of the appeal time provided herein, the Board shall forward such order or conciliation agreement to the Board of County Commissioners with a request that the Board of County Commissioners authorize the County Attorney to bring such action or actions as necessary to obtain compliance with this article. (j) When any act is required or allowed to be done at or within a specified time by this section,for cause shown,the Board, at any time in its discretion, and upon the written request of a party, may order the period enlarged unless otherwise prohibited by law. (k) All written motions upon which a ruling is requested shall be filed at least ten (10) days prior to the hearing date established by the Board. Such motions shall be considered and ruled upon by the Board prior to the start of the hearing. (1) All motions and orders thereon shall be made a part of the record of such administrative proceedings. (m) No appeal maybe made from rulings on such motions until a final order has been issued. (n) If there are separately filed cases before the Board which involve similar issues of law and fact and identity of parties,then such cases may be consolidated by the Director for hearing before the Board. (o) Discovery shall be permitted and shall proceed in the manner provided by the Florida Rules of Civil Procedure. (p) The Board may order a prehearing conference prior to any administrative hearing. Prior to such conference the Board may direct that the parties submit a preconference statement addressing the issues of law and fact that will be involved in such hearing, identifying the witnesses that will testify, providing a list of all documents or other exhibits that will be submitted, and providing such other information as requested by the Board. (q) The Director shall set the time and place of any administrative hearing. The Director shall send notice by certified mail of such hearing to the parties no later than fourteen (14) calendar days prior to the final hearing. Such notice requirement may be waived with the written consent of all parties.The notice shall also contain: (1) A statement of the nature of the hearing, (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the statutes, ordinances and rules involved. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 14 of 20 Requests for subpoenas in any administrative proceeding shall be filed with the OEO and forwarded to the Board. Such request shall set forth the name and address of the person whose attendance is requested and shall describe with particularity any material to be produced. Such subpoenas shall be issued by the Board or the Director.The requesting party shall be responsible for service of any subpoena. (s) Any subpoena shall be subject to a motion to quash or a motion for protective order before the appropriate court. (t) The official transcript of a hearing shall be preserved by electronic recording or by a court reporter. (u) Should a party elect to provide a court reporter for a hearing, that party shall be responsible for entire payment of the reporter's fee. (v) If the Board !"Inds that a discriminatory housing practice has occurred or is about to occur, it shall issue an order prohibiting the practice and awarding affirmative relief from the effects of the practice, including actual damages and reasonable attorney's fees and costs, and other injunctive or equitable relief. To vindicate the public interest,the Board, may assess civil penalties against the respondent, consistent with the provisions of section 15-54 of this article. Funds recovered under this section shall be paid to the Board of County Commissioners'general fund. (w) If a timely election is made under this section,the County Attorney shall, not later than the 30th day after the election is made,file and maintain such action on behalf of the aggrieved person in a court of competent jurisdiction seeking relief as provided by state and/or federal law. However, if a timely civil action election is not made under subsection (b), the fair housing complainant may request an administrative proceeding. (x) An aggrieved person may intervene in the civil action filed under this section. (Ord. No. 2014-019, 7-22-14) Sec. 15-56. - Enforcement by private persons. (a) A civil action shall be commenced no later than two (2)years after the occurrence or the termination of an alleged discriminatory practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory practice or breach. However,the court shall continue a civil case brought pursuant to this article from time to time before bringing it to trial if the court believes that the conciliation efforts of the OEO are likely to result in satisfactory settlement of the discriminatory practice complained of in the complaint made to the OEO and which practice forms the basis for the action in court. (b) The computation of such two-year period shall not include anytime during which an administrative proceeding was pending with respect to the complaint under this article based upon such discriminatory housing practice. This paragraph does not apply to actions arising from a breach of a conciliation agreement. (c) Any sale, encumbrance or rental consummated prior to the issuance of any court order issued under the authority of this article and involving a bona fide purchaser, encumbrance, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this article shall not be affected. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 15 of 20 (d) If the court finds that a discriminatory practice has occurred, it shall issue an order prohibiting the practice and providing affirmative relief from the effects of the practice, including injunctive and other equitable relief, actual and punitive damages, and reasonable attorney's fees and costs. (Ord. No. 2014-019, 7-22-14) Sec. 15-57. - Unlawful discriminatory practice in public accommodations. It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement, because of the race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression of any person directly or indirectly to refuse,withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof that are afforded the other customers, directly or indirectly,to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement,to the effect that any of the accommodations, advantages,facilities and privileges of any such place shall be refused,withheld from or denied to any person on account of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status, or gender identity or expression, or that the patronage of any person belonging to any particular race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression is unwelcome, objectionable or not acceptable, desired or solicited. (Ord. No. 2014-019, 7-22-14) Sec. 15-58. - Discriminatory housing practices. Except as provided in section 15-62 hereof, it shall be an unlawful discriminatory housing practice: (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression. (2) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, sex, color, religion, national origin, familial status, sexual orientation, age, marital status, or gender identity or expression. (3) To make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement,with respect to the sale or rental of dwelling that indicates any preference, limitation or discrimination based on race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression, or an intention to make any such preference, limitation or discrimination. (4) To represent to any person because of race, color, religion, sex, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 16 of 20 representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression. (6) To discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a disability of: a. That buyer or renter; b. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or c. Any person associated with that buyer or renter. (7) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of: a. That person; or b. A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or c. Any person associated with that person. (S) To refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental,the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.The landlord may not increase for persons with disabilities any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate, as part of a restoration agreement, a provision requiring that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. (9) To refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. (10) To fail to design and construct multifamily dwellings for first occupancy after March 13, 1991, in such a mannerthat: a. The public use and common use portions of such dwellings are readily accessible to and usable by persons with a disability; b. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons with disabilities who utilize wheelchairs; c. All premises within such dwellings contain the following features of adaptive design: an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 17 of 20 bathroom walls to allow later installation of grab bars; and usable kitchen and bathrooms such that an individual who utilizes a wheelchair can maneuver about the space; and d. Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for persons with physical disabilities (commonly cited as "ANSI A 117.1") suffices to satisfy the requirements of this article. (11) To retaliate or discriminate in any manner against a person who has opposed a practice declared discriminatory by this article, or who has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article. (12) To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article; or to obstruct or prevent any person from complying with the provision of this article; or any order issued there under. (13) To resist, prevent, impede or interfere with the Board or any of its members or representatives in the lawful performance of its or their duty under this article. (14) To initiate maliciously, frivolously or in bad faith any complaint under the provisions of this article for the purposes of harassment. (15) To intimidate, threaten, coerce or interfere with the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article. (Ord. No. 2014-019, 7-22-14) Sec. 15-59. - Discrimination in the financing of housing. It shall be an unlawful discriminatory housing practice of any bank, building and loan association, insurance company or other corporation, association,firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans,to deny a loan or other financial assistance to any person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to discriminate against him/her in the fixing of the amount, interest rate, duration, or other terms or conditions as such loan or other financial assistance, because of the race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression of such person or any person associated with him/her in connection with such loan or other financial assistance, or the purposes of such loan or other financial assistance of the present or prospective owners, lessees, tenants or occupants, of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; provided that nothing contained in this section shall impair the scope of effectiveness of the exceptions set forth in section 15-62. (Ord. No. 2014-019, 7-22-14) Sec. 15-60. - Discrimination in the provision of brokerage services. It shall be an unlawful discriminatory housing practice to deny any person who is otherwise professionally qualified by state law and subject to the rules and regulations of the Florida Real Estate Commission, provided the local board of realtors does not discriminate in its membership policies on about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 18 of 20 the basis of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression, access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against any person in the terms or conditions of such access, membership or participation, on account of race, sex, color, religion, national origin, disability,familial status, sexual orientation, age, marital status or gender identity or expression. (Ord. No. 2014-019, 7-22-14) Sec. 15-61. - Discrimination in residential real estate related transactions. It shall be an unlawful discriminatory housing practice for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction because of race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression. (Ord. No. 2014-019, 7-22-14) Sec. 15-62. - Limitations and exceptions—Housing practices. (a) The prohibitions set forth in sections 15-57 through 15-80 shall not apply to a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, sex, color, national origin, disability, familial status, sexual orientation, age, marital status or gender identity or expression. (b) The prohibitions set forth in sections 15-58 through 15-60 shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four(4) families living independently of each other if the owner actually maintains and occupies one (1) of such living quarters, provided such rooms or units are sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker or real estate salesperson or person in the business of selling or renting dwellings and/or without the publication, posting or mailing of any advertisement or written document in contravention of section 15-58: but this shall not prohibit the use of any attorney, escrow agents, abstractors,title companies and such other professional assistance as is necessary to perfect or transfer title to a dwelling. (c) The prohibitions set forth in sections 15-58 through 15-60 shall not apply to any single-family dwelling unit sold or rented by an owner who does not own more than three (3) such single-family dwelling units at any one (1)time if such unit is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker or real estate salesperson or person in the business of selling or renting dwellings and/or without the publication, posting or mailing of any advertisement or written document in contravention of section 15-58; but this shall not prohibit the use of any attorney, escrow agents, abstractors, title about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 19 of 20 companies and such other professional assistance as is necessary to perfect or transfer title to a dwelling. (d) For the purposes of subsections (a)and (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings and said exceptions shall not apply if: (1) That person has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or (2) That person has, within the preceding twelve (12) months, participated as agent, other than in the sale of his/her own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) That person is the owner of any dwelling designed for or intended for occupancy by, or occupied by, five (5) or more families. (e) The prohibitions set forth in sections 15-57 through 15-60 shall not apply to a person or owner who wishes to rent a portion of a single dwelling unit to a person or persons of the same sex when such persons live in the single dwelling unit. (f) Housing for older persons shall be exempted from the provisions regarding familial status. Housing for older persons may also maintain only those age restrictions necessary in order to be designated as housing for older persons. (g) Nothing in this article: (1) Prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, sex, color, religion, national origin, disability, familial status, sexual orientation, age, marital status, or gender identity or expression. (2) Limits the applicability of any reasonable local government restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (3) Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (4) Prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined by F.S. Ch. 893. (h) An individual who engages in conduct with a reasonable good faith reliance on the existence of the exemption of this article relating to housing for older persons is not personally liable for money damages for a violation of this article. For the purposes of this paragraph (h), a person engaged in the business or residential real estate transactions is presumed to have such a good faith reliance if that person has no actual knowledge that the housing facility is not or will not be eligible for the housing for older persons exemption and the housing facility gives such a person a written certification stating the compliance of the facility with the requirements for the housing for older persons. (Ord. No. 2014-019, 7-22-14) Sec. 15-63. Limitations and exceptions—Public accommodations. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 20 of 20 The prohibitions set forth in section 15-57 shall not be applied to: (1) Limit of the use of a restroom to persons of one (1) sex; (2) A religious organization, association or society or any nonprofit institution or organization operating, supervised or controlled by or in conjunction with a religious organization, association or society from limiting facilities and accommodations, which it owns or operates, for other than a commercial purpose,to persons of the same religion or from giving preference to such persons. (Ord. No. 2014-019, 7-22-14) Sec. 15-64. - Limitations and exceptions—Physical disability. Nothing in this article requires any person renting or selling a dwelling constructed for first occupancy before March 13, 1991, to modify, alter or adjust the dwelling in order to provide physical accessibility except as otherwise required by law and as provided in this article. (Ord. No. 2014-019, 7-22-14) Sec. 15-65. -Applicability. It is hereby provided thatthis Ordinance shall constitute a uniform law applicable in all the unincorporated and incorporated areas of Palm Beach County, Florida, to the extent permitted under the Florida Constitution,Article Vlll, Section (Ord. No. 2014-019, 7-22-14) Sec. 15-66. - Repeal of laws in conflict. All local laws and ordinances applying to the unincorporated area of Palm Beach County in conflict with any provision of this article are hereby repealed to the extent of any conflict. (Ord. No. 2014-019, 7-22-14) Sec. 15-67. - Savings clause. All complaints, investigations, orders, hearing processes, and all other functions of the OEO and Board, initiated or completed pursuant to Ordinance 90-1, as amended by 07-042, shall remain in full force and effect. (Ord. No. 2014-019, 7-22-14) about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 1 of 10 Sec. 2-261. Short title. This article shall be known and may be cited as the "Palm Beach County Equal Employment Ordinance." (Ord. No. 95-31, 8-15-95) Sec. 2-262. - Purpose. It shall be the policy of the Board of County Commissioners, in the exercise of its police power for the public safety, public health, and general welfare to assure, within constitutional limitations, that all persons regardless of race, color, sex, national origin, religion, age, disability, familial status, marital status, sexual orientation or gender identity or expression as defined by Title VII of the Civil Rights Act of 1991, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, as amended, the Rehabilitation Act,the Americans with Disabilities Act of 1990,the Florida Civil Rights Act or otherwise provided herein, be afforded equal opportunity to all terms and conditions of employment.The county shall take all necessary and reasonable action to prevent discrimination in employment. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 05-046, § 1, 9-27-05; Ord. No. 07-041, § 1, 12-18-07) Sec. 2-263. - Definitions. In this article unless the context otherwise requires: Age provisions contained herein apply to any person at least forty(40)years of age. Aggrieved person includes any person that: (1) claims to have been injured by a discriminatory practice; or(2) believes that he or she will be injured by a discriminatory practice that is about to occur. Auxiliary aids and services includes, but is not limited to: (1) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (2) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; (3) acquisition or modification of equipment or devices; and (4) other similar services and actions. Because of sex or on the basis of sex includes, but is not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work. "Because of sex" or"on the basis of sex" also includes, but is not limited to sexual harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or(c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 2 of 10 Board unless a different meaning clearly appears from the context, means the Palm Beach County Equal Employment Board, created by this article. Chairperson or chair means the chairperson of the Equal Employment Board, or the chairperson of a panel or committee, as the context may indicate. Complainant shall mean the person filing a complaint pursuant to this article. Complaint means a written statement which alleges the occurrence of a discriminatory practice, and includes an amended complaint. Conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint,through informal negotiations involving the complainant, the respondent and the Office of Equal Opportunity. Conciliation agreement means an agreement entered into between the complainant and respondent resolving the alleged discriminatory practice and which may require respondent to refrain from committing a discriminatory practice or to take affirmative action. The agreement may include consent to the entry of a court decree embodying its terms and shall be subject to approval by the Equal Employment Board. Director means the director of the Palm Beach County Office of Equal Opportunity. Disability with respect to an individual, means: (1)a physical or mental impairment which substantially limits one (1) or more major life activities; (2)a record of such an impairment; or(3) being regarded as having such an impairment. Disability does not include current or illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances 30 Act(21 USC $02)). Discrimination classification means a classification on the basis of race, color, religion, national origin, sex, age, disability, familial status, marital status, sexual orientation or gender identity or expression. Discrimination practice means a practice designated as discriminatory under the terms of this article. Document includes, but is not limited to,writings, drawings, graphs, charts, photographs, phono- records and other data or compilations from which information can be obtained. Employee means any individual employed by, or seeking employment from an employer. Employer means a person engaged in an industry affecting commerce who has fifteen (15) or more employees for each working day in each of four(4) or more calendar weeks in the current or preceding calendar year, and any agent of such person; including, but not limited to, all state and local governments,governmental agencies, and political subdivisions unless opted out.The term does not include the United States, an Indian Tribe, a bona fide private membership club which is exempt from about:blank 51512015 Palm Beach County, FL Code of Ordinances Page 3 of 10 taxation under Section 14 501(c)of Title 26. Employment agency means any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer, and includes an agent of such person. Familial status means an individual who has legal custody of one or more child who has not attained the age of eighteen (18). The protection afforded against discrimination on the basis of familial status shall apply to any individual who is expecting the birth of a child or is in the process of securing legal custody of a child under the age of eighteen (18). Gender identity or expression means a gender-related identity, appearance, expression or behavior of an individual, regardless of the individual's assigned sex at birth. Has a record of havingsuch impairment means had a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one (1) or more major life activities. Is regarded as having an impairment means: (1) Has a physical or mental impairment that does not substantially limit one (1)or more major life activities, but that is treated by another person as constituting such a limitation; (2) Has a physical or mental impairment that substantially limits one(1) or more major life activities only as a result of the attitudes of others toward such impairment; or(3) Has none of the impairments defined as physical/mental impairment, but is treated by another person as having such an impairment. Labor organization means any organization engaged in an industry affecting commerce, and any agent of such an organization of any kind, any agency, or employee representation committee, group, association, or pian so engaged in which employees participate and which exists for the purpose, whole or in part, of collective bargaining or of dealing with employers, or other mutual aid or protection in connection with employment. Labor organization includes: (1)An organization of any kind representing employees in dealing with employers concerning grievances, labor disputes,wages, rates of pay, hours, or other terms and conditions of employment; (2)A conference, general committee, system board, or council which is subordinate to a national or international labor organization.A labor organization shall be deemed to be engaged in an industry affecting commerce if it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or the number of its members is fifteen (15), and such labor organization is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended. Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; Marital status means the status of being married, single, divorced or widowed. Notional origin includes the national origin of an ancestor. Office of equal opportunity or OEO means Palm Beach County office of equal opportunity. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 4 of 10 Party means any person designated as a party to a proceeding before the equal employment board, pursuant to this article. Person includes one(1) or more individuals, associations, corporations,trustees,joint apprenticeship committees,joint stock companies, partnerships, labor unions, legal representatives, mutual companies, receivers, trusts, trustees in bankruptcy, unincorporated organizations,fiduciaries or any other legal or commercial entity,the state, or any governmental entity or agency in Palm Beach County. Physical or mental Impairment means any: (1) Physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one (1)or more of the following body systems: Neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; heroic and lymphatic; skin and endocrine; or(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term includes, but is not limited to such diseases and conditions as orthopedic,visual, cerebral palsy, multiple sclerosis, cancer, heart diseases, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by the current, illegal use of a controlled substance)and alcoholism. Qualified individual with a disability, means an individual with a disability who,with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this article, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job,this description shall be considered evidence of the essential functions of the job. Reasonable accommodation may include: (1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (2)job restructuring, part-time or modified, work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations,training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. Religion means all aspects of religious observance and practice, as well as beliefs, unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. Respondent shall mean the person or other entity accused in a complaint of a discriminatory practice and any other person or entity identified in the course of the investigation not named as a respondent in the initial complaint who may be joined as an additional or substitute respondent upon written notice. Sexual orientation means male or female homosexuality, heterosexuality and bisexuality, by preference or practice. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 5 of 10 Substantially limited means likely to experience difficulty in securing, retaining or advancing in employment because of a disability. Training programs means any plan containing terms and conditions for qualification, recruitment, selection, employment, or training of employees to: (1) Enter a specific trade or occupation after completion of a specified training program; or(2) Offer a person already either partially or wholly trained in a specific trade or occupation an opportunity to advance after completion of a specified training program.A training program may be ''joint" i.e., managed and supervised by representatives of labor and management or unilateral. Undue hardship means an action requiring significant difficulty or expense,when considered in light of the following factors: (1)The nature and cost of the accommodation needed; (2)The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (3)The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number,type, and location of its facilities; and (4)The type of operations of the covered entity, including the composition, structure, and functions of the workforce of such entity, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. Unlawful discriminatory practice includes only those practices specified in Division 4, section 2-312 herein. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, H 1, 2, 9-10-02; Ord. No. 07-041, H 2, 7, 12-18-07) DIVISION 2. OFFICE OF EQUAL OPPORTUNITY Sec. 2-271. - In general. The county administrator exercising his/her power of appointment shall employ a director and such other personnel in the office of equal opportunity(OEO)as may be provided for in the budget approved by the board of county commissioners and for which an appropriation has been made.The director and staffing complement shall be referred to as the office of equal opportunity. It small be the responsibility of the director and/or the director's designee to investigate complaints of discrimination prohibited by this article, and the laws of the United States of America and the State of Florida, and attempt to conciliate and mediate complaints of discrimination,to perform such other duties which will promote and provide for equal opportunity and for enforcement of this article and the laws of the United States of America and the State of Florida; and to perform such other duties of an administrative nature as may be assigned by the county administrator. (Ord. No. 95-31, 8-15-95) Sec. 2-272. - Duties and powers of the office of equal opportunity. The duties, functions, powers and responsibilities of the office shall include the following: about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 6 of 10 (1) The enforcement of the provisions of this article and rules and regulations promulgated hereunder. (2) Publish and disseminate public information and materials relating to equal employment opportunities issues. (3) Perform, such other administrative duties as may be assigned by the county administrator, (4) To become a referral agency for the state and federal government and comply with the necessary state and federal regulations. (5) To report to the board of county commissioners on a quarterly basis the number and types of cases processed or in process. (Ord. No. 95-31, 8-15-95) Sec. 2-273. - Duties and powers of the director. The powers and duties of the director and/or the director's designee shall be: (1) To investigate and make findings regarding: a. Tension or prejudice in relation to all equal employment involving race, sex, color, religion, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. b. Discrimination against any person by any person with regard to employment on the basis of race, sex, color, religion, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression. (2) To attempt to conciliate and mediate complaints of discrimination brought pursuant to this article. (3) To prepare consent agreements embodying any agreement reached by the parties relating to the complaint and to present such agreement to the equal employment board,for the board's acceptance or rejection. (4) To administer oaths, subpoena witnesses, and compel production of evidence pertaining to any investigation authorized by this article. (5) To administratively dismiss complaints pursuant to the provisions of this article. (6) To exercise all powers reasonable and necessary to fulfill the purpose of this article. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 07-041, § 3, 12-18-07) Secs. 2-274-2-280. - Reserved. DIVISION 3. - EQUAL EMPLOYMENT BOARD Sec. 2-281. - Established; composition. The equal employment board is hereby created and established.This board is to be composed of nine (9)citizens of Palm Beach County appointed by the board of county commissioners to serve staggered terms of two (2)years.The board shall reflect,to the greatest extent possible, representation from groups identified in this article and from various types of employment. Members of the equal employment board shall be the same as members of the fair housing board created pursuant to Palm Beach County Ordinance 90-1, as may be amended. about:blank 6/5/2015 Palm Beach County, PL Code of Ordinances Page 7 of 10 (Ord. No. 95-31, 8-15-95) Sec. 2-282. -Qualifications of members. Members of the board shall be residents of Palm Beach County, Florida. Seven (7) of the appointments shall be made as district appointments and two (2) of the appointments shall be made at large by the board of county commissioners on the basis of community representation, integrity, experience and interest in the area of equal opportunities. Each district appointee may be removed without cause by the appointing commissioner at anytime, and at large appointees may be removed at any time by a vote of the board of county commissioners. Members may not be members of more than two (2) other advisory boards appointed by the board of county commissioners; however, membership on the equal employment board and the fair housing board shall only be considered to be membership on one (1)advisory board. Members shall be governed by the applicable provisions of the County Code of Ethics, Resolution No. R-94-593, as may be amended. Abstention from voting due to a conflict of interest on more than three (3) separate matters during a calendar year shall result in automatic removal. (Ord. No. 95-31, 8-15-95) Sec. 2-283. -Terms of office. In order that the terms of office of all members of the board shall not expire at the same time, the initial appointments to the board shall be made as follows: (1) All current members of the fair housing board as established by Palm Beach County Ordinance No. 90-1 shall be made members of the equal employment board provided that each member agrees to the appointment.All members shall serve the remainder of their respective terms on the fair housing board. (2) Any members of the fair housing board who elect not to be members of the equal opportunity board shall be replaced by appointments made at large by the board of county commissioners in the same manner as other vacancies are filled and are to serve for the unexpired portion of the term. (3) The two (2)additional members needed to complete the equal opportunity board shalt be appointed at-large by the board of county commissioners for a term of one (1)year. Thereafter, all appointments shall be for a term of two (2)years as provided above.Appointments to fill vacancies on the board shall be for the remainder of the unexpired term. (Ord. No. 95-31, 8-15-95) Sec. 2-284. -Attendance. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend three (3) consecutive meetings or failure to attend more than one-half(3/) of the meetings scheduled during a calendar year. Participation for less than three-fourths(3/) of a meeting shall constitute lack of attendance. Excused absences due to illness, absence from the county, or personal hardship, if approved by vote of the equal employment board, shall not constitute lack of attendance. Excused absences shall be entered into the minutes at the next regularly scheduled about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 8 of 10 meeting of the equal employment board. Members removed under this section shall not continue to serve until a new appointment is made and removal shall create a vacancy. (Ord. No. 95-31, 8-15-95) Sec. 2-285. - Organization of the board. (a) The members of the board shall elect a chairperson and vice-chairperson by a majority vote of the board and such officers shall serve for a term of one (1)year.The chairperson shall have the following duties: (1) Schedule all board meetings and set agenda for the same; (2) Preside at board meetings; (3) Sign subpoenas; (4) Appoint and define the role of such committees as are necessary or expedient to advise the board,the director of the office of equal opportunity and the board of county commissioners; and (5) Perform such other functions as the board may assign by rule of order. The vice-chairperson shall perform the duties of the chairperson in the chairperson's absence and such other duties as the chairperson may assign. (b) If a vacancy occurs in the office of chairperson,the vice-chairperson shall become the chairperson for the unexpired term of the chairperson. If a vacancy occurs in the office of vice-chairperson the board will elect another member to fill the unexpired term of the vice-chairperson. (c) Three (3) members of the board shall constitute a hearing panel for the purposes of hearing discrimination complaints.A majority of the members appointed shall constitute a quorum to hold a meeting for any other purpose. The majority vote of those present at a duly constituted meeting shall be sufficient for all actions. (d) Members shall serve without compensation.Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill board member responsibilities when sufficient funds are budgeted and available, and upon prior approval of the board of county commissioners. (Ord. No. 95-31, 8-15-95) Sec. 2-286. - Meetings of the board. Meetings of the board shall be held on a regular basis to hear and dispose of pending matters. Notice of the time and place of meetings shall be given to all board members, all parties scheduled to be heard, and shall be made public. The meetings shall be governed by Roberts Rules of Order. The chairperson may call an unscheduled meeting of the board, upon not less than twenty-four(24) hours notice, and meetings may also be called by the director upon the written request of three (3) members of the board.All meetings shall be public, except where prohibited by law. The county administrator shall provide a regular meeting place for the board, and shall provide such staff as may reasonably be required to assist the board in the performance of its duties. (Ord. No. 95-31, 8-15-95) about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 9 of 10 Sec. 2-287. - Objectives. The objective of the board shall be: (1) To promote and encourage fair treatment and equal opportunity in employment for all persons regardless of race, sex, color, religion, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression to promote and encourage mutual understanding and respect among such persons and to endeavor to eliminate employment discrimination against and antagonism between such persons. (2) To cooperate with governmental and non-governmental agencies and organizations having like or kindred functions. (3) To make such investigation and studies in the field of employment as in its judgment will aid in effecting its general purposes. (4) To assist various groups and agencies of the community to cooperate in educational programs and campaigns, devoted to the elimination of discrimination in employment. (5) To aid in permitting Palm Beach County to benefit from the fullest realization of its equal employment resources. (6) To recommend to the board of county commissioners the acceptance of certain grants and contracts from foundations and other sources for the purpose of carrying out the purposes of this article. (7) To recommend to the board of county commissioners methods for elimination of discrimination and intergroup tensions. (8) The objectives set forth above are not to be construed as duties and the board of county commissioners shall have the discretion to determine when each objective is implemented. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 07-041, §4, 12-18-07) Sec. 2-288. - Powers and duties. The powers and duties of the board shall be: (1) To refer or accept referral of complaints when appropriate and to cause, through the office of equal opportunity, investigations of: a. Tension or prejudice in relation to all employment matters involving race, sex, color, religion, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression. b. Discrimination against any person by any with regard to employment matters on the basis of race, sex, color, religion, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (2) To propose reasonable rules and regulations as are necessary to effectuate the policies of this article and govern the proceedings of the board. Such rules and regulations shall become effective upon approval by the board of county commissioners. (3) To receive, initiate, seek to conciliate, hold hearings upon and adjudicate complaints alleging violation of this article; to recommend methods and alternatives for eliminating injustices occasioned thereby, to carry out and enforce the purpose of this article. about:blank 61512015 Palm Beach County, FL Code of Ordinances Page 10 of 10 (4) To administer oaths, subpoena witnesses, and compel production of evidence pertaining to any hearing convened pursuant to the powers and duties authorized by this article. (5) To subpoena witnesses and compel production of evidence requested bythe office of equal opportunity relating to an investigation being conducted pursuant to this article. (6) Meet and exercise its power in any place within Palm Beach County. (7) To issue remedial orders prohibiting violations of this article and providing affirmative relief from the effects of the violations as specified in Division 4, section 2-312. (8) Prepare, adopt and present an annual report to the board of county commissioners. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 07-041, § 5, 12-18-07) Secs. 2-289-2-300. Reserved. about:blank 6!512015 Palm Beach County, FL Code of Ordinances Page I of 9 Sec. 2-301. - Filing of complaints alleging discrimination in employment. (a) A complaint that any person has engaged in or is engaging in an unlawful employment practice within the meaning of this article may be made by or on behalf of any person claiming to be aggrieved within one hundred eighty(180) days of the alleged discriminatory act. (1) Any person who claims to have been injured by an unlawful discriminatory practice must file a sworn written complaint with the office of equal opportunity which shall state the name and address of the complainant and the person or persons against whom the complaint is made. (2) A complaint on behalf of a person claiming to be aggrieved maybe made by any person, agency or organization. (3) A complaint shall be in writing, signed by the complainant and verified by the director of the office of equal opportunity or the director's designee. Each complaint should contain the following information: a. The full name and address and telephone number of the person making the complaint except in cases where the complaint is being made on behalf of another person; b. The full name and address of the person against whom the complaint is made; and c. A general description of the action or practices complained of. (b) A complaint maybe filed by the director of the office of equal opportunity, with the approval of the board. (c) Intake of complaints may be done in person,'by telephone or by mail at the office of equal opportunity, any satellite office of the office of equal opportunity or with any representative of the office of equal opportunity. (4) Complaints maybe amended to cure technical defects, omissions, or to clarify and amplify allegations.Amendments alleging additional acts which constitute unlawful practices related to or growing out of the subject matter of the original complaint will relate back to the date the complaint was first received. (Ord. No. 95-31, 8-15-95) Sec. 2-302. - Notice of complaints. Upon the filing of a complaint, the director shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this article. The director or the director's designee shall, not later than ten (10) days after such filing or the identification of an additional respondent, serve on the respondent a notice, by registered or certified mail, identifying the alleged discriminatory employment practice and advising such respondent of the procedural rights and obligations of respondents under this article, together with a copy of the original complaint.The respondent may file a sworn written answer to the complaint within ten (10) days of the receipt of the complaint. Failure to file an answer by the respondent shall not result in any presumption of admission to the allegations in the complaint. Any subsequent amendment to the complaint or answer thereto shall be served by U.S. Mail. (Ord. No. 95-31, 8-15-95) Sec. 2-303. Processing complaints. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 2 of 9 Within one hundred (100) days of the filing of a complaint as set forth in section 2-301, the staff of the office of equal opportunity shall make such investigation as the director or the board deems appropriate to ascertain facts and issues. If the office of equal opportunity is unable to complete the investigation within one hundred (100) days after the filing of the complaint,they shall notify the complainant and the respondent in writing of the reasons for not doing so. In conducting an investigation to ascertain whether or not there has been a violation of this article, the director and/or the director's designee shall have access at all reasonable times to premises, record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation providing that the office of equal opportunity complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures.The director, chairperson,vice- chairperson or any other member of the equal employment board may issue subpoenas to compel access to, or the production of, such materials, or the appearance of such persons, and may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. In the case of a refusal to obey a subpoena issued to any person, or refusal to comply with any method of discovery authorized in the Florida Rules of Civil Procedure the board and/or the director shall request the county attorney to make application to the appropriate court to order the witness to comply with the request for discovery, or to appear before the board and to produce evidence, if so requested, or to give testimony concerning the matter in question. The director and/or the board may administer oaths. If the complaint is not settled within one hundred (100)days of the filing of the complaint, and if the director shall determine that there are reasonable grounds to believe an unlawful discriminatory practice has occurred and is appropriate for conciliation,then the director and/or the director's designee shall attempt to conciliate the matter pursuant to section 2-309 of this article. (Ord. No. 95-31, 8-15-95) Sec. 2-304. -Withdrawal of complaint. A complaint filed pursuant to this article may be withdrawn at any time by the complaining parry upon notifying the office of equal opportunity, however, the director may continue action against the respondent if the facts establish reasonable grounds to support a finding of discrimination and the board approves such further action. (Ord. No. 95-31, 8-15-95) Sec. 2-305. - Preservation of records. Following service of the complaint in the manner provided herein, the respondent shall preserve all personnel records, payroll records or any other written or documentary material relating to the complaint until the complaint has been resolved. (Ord. No. 95-31, 8-15-95) Sec. 2-306. -Administrative dismissal of complaint. (a) Any complaint filed pursuant to this article shall be dismissed by the director upon the following grounds: (1) The complainant has failed or refused to cooperate or the complainant cannot be located about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 3 of 9 after reasonable efforts to do so have been made and after twenty(20)days notice to the complainant by mail to the complainant's last known address the complainant has failed to duly respond. (2) The complaint has not been timely filed with the board or the office of equal opportunity. (3) The complainant refuses to accept full remedy when there is a settlement negotiation prior to a finding being issued. (4) The complainant and respondent have entered into a separate independent settlement agreement regarding the subject matter of the complaint. (5) The complainant withdraws the complaint. (b) In the event that any other agency of the state or of any other unit of state or federal government has jurisdiction of the subject matter of any complaint f=iled with the office of equal opportunity and has legal authority to investigate or act upon the complaint, the office of equal opportunity may refer such complaint to such agency. Referral of such a complaint by the office of equal opportunity shall not constitute agency action within the meaning of Florida Statute § 120.52(2). In the event of any referral'under this subsection, the office of equal opportunity shall accord substantial weight to final findings and orders of any such agency. (Ord. No. 95-31, 8-15-95; Ord. No. 05-046, § 2, 9-27-05) Sec. 2-307. - Investigation procedures. After a complaint has been filed, the office of equal opportunity shall conduct an investigation. The office of equal opportunity may utilize the services and information gathered from other public agencies charged with the administration of equal opportunity laws. The following procedures shall be followed: (1) Requests for information. In conducting an investigation the director and/or the director's designee shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation providing that the director and/or the director's designee complies with the provisions of the federal and state constitutions relating to unreasonable searches and seizures. The director and/or the director's designee may obtain information by: a. Oral interview; and/or b. Requests for written statement or affidavit; or c. Any discovery methods set forth in the Florida Rules of Civil Procedure. (2) Access to files during investigation. Information obtained during the investigation of a complaint shall be disclosed only to the complainant,the respondent, or their authorized representative, or to witnesses, only when disclosure is deemed necessary by the director for the investigation or for securing appropriate disposition of the complaint.The director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret and only in accordance with the provisions of the Florida Public Records Law and/or the Federal Privacy Act. about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 4 of 9 (Ord. No. 95-3.1, 8-15-95) Sec. 2-308. - Determination of reasonable grounds—Notice. (a) Upon completion of an investigation, if a complaint has not been settled or withdrawn, the director and/or the director's designee shall make a determination as to whether there is reasonable grounds to believe that an unlawful discriminatory practice has occurred. The director and/or the director's designee shall report the results of the investigation and his/her determination to the board and advise the board that a notice of determination shall be served upon the complainant and respondent. The board shall receive a copy of the notice of determination. (b) A notice of determination of reasonable grounds shall include an invitation to participate in conciliation. (c) After service of a notice of determination, the parties named in the determination may inspect the records and documents, in the custody of the office of equal opportunity, which pertain to the determination. The director may direct that a particular record, document or portion thereof be withheld from inspection by a party only when necessary for the protection of a witness or third party, or for the preservation of a trade secret and only in accordance with the provisions of the Florida Public Records Law and the Federal Privacy Act. (Ord. No. 95-31, 8-15-95) Sec. 2-309. -Same—Conciliation procedure. (a) After service of a notice of determination of reasonable grounds the office of equal opportunity shall endeavor to eliminate any unlawful discriminatory practice by informal methods of conference, conciliation and persuasion. The office of equal opportunity shall attempt to achieve a just resolution of all violations found, and to obtain agreement that the respondent will eliminate the unlawful practice and provide appropriate affirmative relief. Where such conciliation attempts are successful, the terms of the consent agreement shall be reduced to writing and signed by the complainant, the respondent and the director. The original of the signed agreement shall be filed with the director and copies shall be served upon the respondent, complainant and the board.The board shall, at its next regularly scheduled meeting, approve the agreement. (b) When a consent agreement has not been signed, and the complaint has not been withdrawn or dismissed, the director shall serve a notice of failure of conciliation upon the complainant, respondent and the board not less than thirty(30) days after the service of a notice of determination of reasonable grounds. Within thirty(30)days after the service of the notice of failure of conciliation,the complainant may request an administrative hearing before the board and the board shall schedule such a hearing within thirty(30) days of such a request. (c) Nothing said or done in the course of the conciliation process may be made public or used as evidence in subsequent proceedings under section 2-311 without the written consent of the persons concerned.Any employee of the office of equal opportunity who violates this section shall be prosecuted in the same manner as a misdemeanor of the second degree, punishable as provided in Florida Statutes Chapter 775. (Ord. No. 95-31, 8-15-95) about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 5 of 9 Sec. 2-310. -Administrative remedies. (a) If the director is unable to obtain voluntary compliance with this article and has reasonable cause to believe that a discriminatory practice has occurred, the director may institute an administrative proceeding before the equal employment board on any director initiated complaint. (b) The complainant may request an administrative proceeding before the equal employment board within thirty(30) days after receiving notice of failure of conciliation. (c) In conducting an administrative hearing to ascertain whether or not there has been a violation of this article,the board shall have the power to administer oaths, issue subpoenas, compel the production of books, papers and other documents and receive evidence.The board shall conduct the administrative hearing in accordance with the procedure provided in §§ 120.57(1)and 120.58, Florida Statutes. (d) All recommended orders prepared by the board as a result of such hearing or hearings shall conform with the requirements for such orders as set out in section 120.59, Florida Statutes. (e) The board shall serve a copy of the order on each party to the administrative proceedings.The recommended order shall be considered as the final order of the board for the purposes of proceeding further under this section. (f) Either party to such administrative proceedings shall have the right to appeal the administrative order described herein by filing notice of appeal pursuant to Florida Appellate Rule 9.110(2)within thirty(30) days of the issuance of such order by the board. Any parry shall have the right to bring an action in the appropriate court to insure compliance with this order. (g) In the case of a refusal to obey a subpoena issued by the board,the county or the person at whose request it was issued may, in addition to any other remedies made available, petition for its enforcement in the appropriate court. (h) Should any party fail or refuse to comply with the final order issued or breach a conciliation agreement as provided herein, then following the expiration of the appeal time provided herein, the board shall forward such order or conciliation agreement to the board of county commissioners with a request that the board of county commissioners authorize the county attorney to bring such action or actions as necessary to obtain compliance with this article. . (i) When an act is required or allowed to be done at or within a specified time by this section, for cause shown,the board, in its discretion, and upon the written request of a party, may order the period enlarged unless otherwise prohibited by law. (j) All written motions upon which a ruling is requested shall be filed with the office of equal opportunity at least three(3)working days prior to the hearing date established by the board. Such motions shall be considered and ruled upon by the board prior to the start of the hearing. (k) All motions and orders thereon shall be made a part of the record of such administrative proceedings. (1) No appeal may be made from rulings on such motions until a final order has been issued. (m) If there are separately filed cases before the board which involve similar issues of law and fact and identity of parties,then such cases may be consolidated by the director for hearing before the board. (n) Discovery shall be permitted and shall proceed in the manner provided by the Florida Rules of about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 6 of 9 Civil Procedure. (o) The board may order a pre-hearing conference prior to any administrative hearing. Prior to such conference the board may direct that the parties submit a pre-conference statement addressing the issues of law and fact that will be involved in such hearing, identifying the witnesses that will testify, providing such other information as requested by the board. (p) The director shall set the time and place of any administrative hearing. The director shall serve notice by certified mail of such hearing on the parties no later than fourteen (14) calendar days prior to the final hearing. Such notice requirement may be waived with the written consent of all parties.The notice shall also contain: (1) A statement of the nature of the hearing. (2) A statement of the legal authority and jurisdiction under which the hearing is to be held. (3) A reference to the statutes, ordinance and rules involved. (q) Requests for subpoenas by the complainant or respondent in any administrative proceeding shall be filed with the office of equal opportunity and forwarded to the board. Such requests shall set forth the name and address of the person whose attendance is requested and shall describe with particularity any material to be produced. Such subpoenas shall be issued by the board or the director. The requesting parry shall be responsible for service of any subpoena. (r) A subpoena shall be subject to a motion to quash or a motion for protective order before the appropriate court. (s) The official transcript of a hearing shall be preserved by tape recording or by a court reporter. (t) Should a parry elect to provide a court reporter for a hearing,that party shall be responsible for entire payment of the reporter's fee. (u) If the equal employment board finds that a discriminatory practice has occurred, it shall issue an order prohibiting the practice and awarding affirmative relief from the effects of the practice, including actual damages and reasonable attorney's fees and costs.Actual damages may include back pay, except liability far back pay shall not accrue from a date more than two (2)years prior to the filing of a complaint under the article. (v) To vindicate the public interest,the equal employment board, may assess a civil penalty against the respondent in an amount not to exceed five hundred dollars($500.00). Funds recovered under this section shall be paid to the board of county commissioner's general fund. (Ord. No. 95-31, 8-15-95) Sec. 2-311. - Enforcement by private persons. (a) A person may also commence a civil action in any court of competent jurisdiction against the named employer, employment agency, labor organization,joint labor-management committee or person no later than one(1)year after the date of determination of reasonable cause by the office of equal opportunity. The commencement of such action shall divest the office of equal opportunity of jurisdiction of such complaint, except that the office of equal opportunity may intervene as a matter of right. (b) Nothing in this article shall be construed to waive the right of any person to file a charge with any other agency with the legal authority to investigate or act upon the complaint.The about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 7 of 9 commencement of such action shall divest the office of equal opportunity of jurisdiction of such complaint. (c) If the court finds that a discriminatory practice has occurred, it may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice, actual and punitive damage, and reasonable attorney's fees and costs.Actual damages may include back pay, except liability for back pay shall not accrue from a date more than two (2)years prior to the filing of a complaint under this article. It is intended that any award of attorneys fees be interpreted in a manner consistent with federal case law, involving a Title VII action.The right to trial by jury is preserved in any such private right of action in which the aggrieved person is seeking compensatory or punitive damages, and any party may demand a trial byjury. (Ord. No. 95-31, 8-15-95) Sec. 2-312. - Unlawful employment practices. (a) It is an unlawful employment practice for an employer: (1) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (2) To limit, segregate, or classify employees or applicants for employment in anyway which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee, because of such individual's race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (b) It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression, or to classify or refer for employment any individual on the basis of race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (c) It is an unlawful employment practice for a labor organization: (1) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of race, color, religion, sex, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression. (2) To limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression. (3) To cause or attempt to cause an employer to discriminate against an individual in violation of this article. (d) It is an unlawful employment practice for any employer, labor organization, or joint labor- about:blank 6/5/2015 Palm Beach County, FL Code of Ordinances Page 8 of 9 management committee controlling apprenticeship or other training or retraining, including on- the-job training programs, to discriminate against any individual because of race, color, religion, sex, national origin, age, disability,familial status, marital status, sexual orientation or gender identity or expression or in admission to, or employment in, any program established to provide apprenticeship or other training, (e) Whenever, in order to engage in a profession, occupation, or trade, it is required that a person receive a license, certification, or other credential, become a member of an association of any club, association, or other organization, or pass any examination, it is an unlawful employment practice for any person to discriminate against any other person seeking such license, certification, or other credential, seeking to become a member or associate of such club, association or other organization, or seeking to take or pass such examination, because of such other person's race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (f) It is an unlawful employment practice for an employer, labor organization, employment agency, or joint labor-management committee to print or cause to be printed or published,any notice or advertisement relating to employment, membership, certification, referral for employment, or apprenticeship or other training, indicating any preference, limitation, specification, or discrimination based on race, color, religion, sex, national origin, age, disability, familial status, marital status, sexual orientation or gender identity or expression. (g) It is an unlawful employment practice for an employer, employment agency, a joint labor- management committee, or labor organization to discriminate against any person because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this article. (h) Intimidate, coerce,threaten or interfere with any person in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article. (i) Retaliate or discriminate in any manner against a person who has opposed a practice declared discriminatory by this article, or who has filed a complaint,testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article. (j) Aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article; or to obstruct or prevent any person from complying with the provision of this article; or any order issued thereunder. (k) Resist, prevent, impede or interfere with the board or any of its members or representatives in the lawful performance of its or their duty under this article. (1) Initiate maliciously,frivolously or in bad faith any charge under the provisions of this article for the purpose of harassment. (Ord. No. 95-31, 8-15-95; Ord. No. 02-066, § 1, 9-10-02; Ord. No. 07-041, § 6, 12-18-07) Sec. 2-313. - Limitations and exceptions—Employment. Notwithstanding any other provision of this article, it is not an unlawful employment practice for an employer, employment agency, labor organization, or joint labor-management committee to: about:blank 61512015 Palm Beach County,FL Code of Ordinances Page 9 of 9 (1) Take or fail to take any action on the basis of religion, sex or national origin in those certain instances in which religion, sex or national origin is a bona fide occupational qualification reasonably necessary for the performance of the particular employment to which such action or inaction is related. (2) Observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan, or a system which measures earnings by quantity or quality or production, which is not designed, intended, or used to evade the purposes of Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991,the Equal Pay Act of 1963,the Rehabilitation Act, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act. However, no such employee benefit pian or system which measures earnings shall excuse the involuntary retirement of, any individual on the basis of any factor not related to the ability of such individual to perform the particular employment for which such individual is engaged. This subsection shall not be construed to make unlawful the rejection or termination of employment when the individual applicant or employee has failed to meet bona fide requirements for the job or position sought or held or to require any changes in bona fide retirement or pension programs or existing collective bargaining agreements during the life of the contract, nor shall this article preclude such physical and medical examinations of all employees or persons offered employment to determine fitness for the job or position held or offered. Section 2-312 shall not apply to any religious corporation, association, educational institution, or society which conditions opportunities in the area of employment to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beliefs. Section 2-312 shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporations, associations, educational institutions, or societies of its various activities. (Ord. No. 95-31, 8-15-95; Ord. No. 05-046, § 3, 9-27-05) about:blank 6/5/2015 West's Florida Statutes.,nnotaced Title XXXIII.Regulation of Trade,Commerce,Investments,and Solicitations (Chapters ;.g.;-,56o) Chapter 509, Lodging and Food Service Establishments;Membership Campgrounds(Refs&Annos) Part I.Public Lodging and Public Food Seii ice Establishments West's F.S.A, §509.092 5og.o92.Public lodging establishments and public food.service estiwlishmunts;rights as priv to enterprises Currentness Public lodging establishments and public food service estab:ishtnents are private enterprises,and the operator has the right to refuse accommodations or service to any person who is objectionable or undesirable to the operator,but such refusal may not be based upon race, creed,color,sex,physical disability,or national origin. A person aggrieved by a violation of this section or a violation of a rule adopted under this section has a right of action,pursuant to s.760.11. Credits Laws 1957, c. 57-389, § 4; Laws 1970, c. 70-291, § 1; Laws 1979, c. 79-240, § 6; Laws 1990, c. 90-339, § 9; Laws "1992, c.92-177, § 10. Notes of Decisions(9) West's F. S.A. § 509.092,FL ST§509.092 Current with chapters from the 2015 1 st Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XL1V°.Civil Rights (Ch,'pters 76o--,-55) J Chapter 76o.Discrimination in the Treatment of Persons;Minority Represantation(Refs&Annos) i Part 1.Florida Civil Rights Act. West's F.S.A. §76o.ai 76o.oi.Purposes;construction;title Currentness (1)Sections 760.01-760.1 : and 509.092 shall be cited as the"Florida Civil Rights Act of 1992." (2)The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race,color,religion,sex,national origin,age,handicap,or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest,to preserve the public safely,health,and general welfare,and to proinote the interests, rights, and privileges of individuals within the state. (3) The Florida Civil Rights Act of 1992 shall be constmed accordir_g to the fair import of its terms and shall be liberally construed to further the general proposes stated in this section and the special purposes of the particular provision involved. Credits Laws 1969,c. 69-287, § 1;Laws 1972,c.72-48, § 1;Laws 1977,c. 77-341, § 1; Fla.St.1977, § 13.201; F1a.St..1981, §23.161; Laws 1992,c. 92-177, § 1. Notes of.I.),cisions(;01) West's F. S.A. § 760.01,FL ST§ 760.01 Current with chapters from the 20:5 1st Reg. Sess,of the 241h Legislature in effect through May 22,2015 West's Florida Statutes Annotated 'iltle XLIV. CiAl Rights(Chapters 760-765) Chapter 76o.Discrimination in the Treatment of Persons;Minority Representation(Refs 8r Annos) Part I.Florida Civil Rights Act West's F.S.A. §76o.o2 76o.o2. Definitions Effective:June 18,2003 Currentness For the purposes of ss.760.01-760.11 and 509.092,the tenn: (1)"Florida Civil Rights Act of 1992"means ss, 760.01-760.11 and 509.092. (2)"Commission"means the Florida Cominission on Human Relations created by s. 760.03. (3)"Commissioner"or"member"means a member of the commission. (4)"Discriminatory practice"means any practice made unlawfia by the Florida Civil Rights Act of 1992. (5)"National origin"includes ancestry. (6)"Person"includes an individual,association,corporation,joint apprenticeship committee,joint-stock company,labor union, legal representative, mutual company, pmt-iership, receiver,trust, trustee in bankruptcy, or unincorporated organization; any other legal or commercial entity;the state;or any governmental entity or agency. (7)"Employer"means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks m the current or preceding calendar year,and any agent of such a person. (8)"Employment agency" means any person regularly;ander aking, with or without compensation, to procure employees for an employer or to procare for employees opportunities to work for an employer,and includes an agent of such a person. (9) "Labor organization" means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terns or conditions of employment,or other mutaal aid or protection in connection with employment. (10)"Aggrieved person"means any person who files a compiairt with the Human Relations Commission, (:11. "?ublic accommodations"means places of public accommodation,lodgings,facilities principally engaged in selling food For consumption on the premises, gasoline stations,places of exhibition or entertainment, and other covered establishments. Each of the following establishments which serves the public is a place of public accommodation within the meaning of this section: (a)Any inn,hotel,motel,or other establishment which provides lodging to transient guests,other than an establishment located within a building which contains not more than four rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his or her residence. (b)Any restaurant,cafeteria,lunchroom,lunch counter,soda fountain,o:other facility principally engaged in selling food For consumption on the promises,including,but not limited to,any such facility located on the premises of any retail establishment, or any gasoline station. (c)Any motion picture theater,theater,concert hall,sports arena,stadium,or other place of exhibition or entertainment, (d) Any establishment which is physically located within the premises of any establishment otherwise covered by this subsection, or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment. C:reuW Laws 1969,c.69-287,§2; Laws 1972,c. 72-48, § 2;Laws 1977,c.77-341, §2;Fla.St.1977, § 13.211..; Laws 1979,c.79-400, § 3; F1a.St.1981,§23.162;Laws 1992,c.92-177, §2.Amended by Laws 2003,c.2003-396, §4,eff.Jun. 18,2003. NOLeS of Decisions(19) West's F. S.A. § 760.02,FL ST§ 760.02 Current with chapters from the 2015 ist Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Titl:XLIV. Civil Rights(Chapters 760-765) Chapeer 76o.Discrimination in the Treatment of Persons; Minority Representadon(Refs&Annos) Fart I.Flori&a Civil Rights Act West's F.S.A. 6o.o21 §7 76o.021.Enforcement Effective:June 18,2003 Currentness (1) The Attorney General may commence a civil action for damages, injunctive relief, civil penalties not to exceed $10,000 per violation, and such other relief as may be appropriate under the laws of this state if the Attorney General has reasonable cause to believe that any person or group: (a)Has engaged in a pattern or practice of discrimination as defined by the laws of this state;or (b)Has been discriminated against as defined by the laws of this state and such discrimination raises an issue of great public interest. (2)The Attorney General may file an action under this section in the circuit court of the county where the cause of action arises or in the circuit court of the Second Judicial Circuit, in and for Leon County. (3)In any proceeding under this section,the respondent may request,before any responsive pleading is due,that a hearing be held no earlier than 5 days but no more than 30 days after the filing of the complaint,at which hearing the court shall determine whether the complaint on its face makes a prima facie showing that a pattern or practice of discrimination exists or that, as a result of discrimination,an issue of great public interest exists. (4)The prevailing party in an action brought under this section is entitled to an award of reasonable attorney's fees and costs. (5)Any damages recovered under this section shall accrue to the injured party. Credits Added by Laws 2001,c.2003-396, § 2,eft:Jun, 18,2003, West's 1". S.A. § 760.021,FL ST§760.021 Current with chapters from the 2015 1st Reg. Sess.of the 241h Legislature in effect through May 22,2015 `i'� West's Florida Statutes Annotated Title XLIV.Civil Rights (Chapters 760-765) Chapter 76o. Discrimination in the Treatment of Persons;Minority itepreseiltation(Reis 8r Annos) Pari 1.Florida Civi]Rights Act West's F.S.A. §76o.03 760.03.Commission on Human Relations;staff Currentness (1)There is hereby created the Florida Commission on Human Relations,comprised of 12 members appointed by the Governor, subject to confirmation by the Senate. The commission shall select one of its members to serve as chairperson for terns of 2 years. (2) The members of the commission must he broadly representative of various racial, religious, ethnic, social, economic, political,and professional groups within the state;and at!east one member of the commission must be 60 years of age or older. (3)Commissioners shall be appointed for terms of 4 years.A member chosen to fill a vacancy otherwise than by expiration of term shall be appointed for the unexpired term of the member wham such appointee is to succeed.A member of the commission shall be eligible for reappointment.A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission. (4)The Governor may suspend a member of the commission only for cause,subject to removal or reinstatement by the Senate. (5) Seven members shall constitute a quorum for the conduct of business; however, the commission may establish panels of not less than three of its members to exercise its powers under the Florida Civil Rights Act of 1992,subject to such procedures and limitations as the commission may provide by rule. (6)Each commissioner shall be compersated at the rate of$50 per day for each day of actual at'endance to commission duties and shall be entitled to receive per diem and travel expenses as provided by s. 112.061. (7)The commission shall appoint,and may remove,an executive director who,with the consent of the commission,may e.nploy a deputy, attorneys, investigators, clerics, and such other personnel as may be necessary adequately to perform the 'Linctrons of the commission,within budgetary limitations. Credits Laws 1969,c.69-287, §3;laws 1970,c.70-438,§ i;Laws 1977,c.77-341, §3;Fla.St..1.977,§ 13.221;Laws 1980,c. 80-148, § 1; Fla.St.1981,§23.163;laws 1987,c. 87-1.72.§27; Laws 1992,c.92-177,ti 3. Notes of Decisions(3) West's F.S.A. § 760.03,FL ST§ 760.03 Current with chapters from the 20'_5 1s±Reg. Sess,of the 24th Legislature in effect throug-h May 22,2015 West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 76o-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation(Refs&.u-mos) Parr I.Florida Civil Rights Act West's F.S.A. §76o.04 76o.04.Commission on human Relations,assigned to Department of Manage-ment Services Currentness The commission created by s. 760,03 is assigned to tl:e Department of Management Services. TI-.e commission, in the performance of its dirties pursuant to the Florida Civil Rights Act of 1992, shall not be subject to control, supervision, or direction by the Department of Management Services. Credits Laws 1969,c.69-287,§7;Fla.St.1977,§ 13.231;Laws 1979,c.79-:90,§§45,56;Fla.St.1981,§23.16-1.;laws 1992,c.92-177, §4;Laws 1992,c.92-279,§ 134;Laws X992,c. 92-282, § 1;Laws 1996,c.96-399,§ 35. Notcs ofDs-inions(1) West's F. S.A. § 760.04,FL ST§ 760.04 Current with chapters from the 2015 1st Reg, Sess,of the 24th Legislature in effect through May 22,2015 Vwest's Florida Statutes Annotated Title XLIV, Civil Rights(Chapters 760-765) Chapter 76o. Disefiniiiiation in the Treatment of Persons;Minoriiy Representation(Refs Sr Annos) Part I.Florida Civil Rights Act West's F.S.A. §76o.05 76o.o5.Functions of the commission Currentness The commission shall promote and encourage fair treatment and equal opportunity for all persons regardless of race, color, religion, sex, national origin,age,handicap,or marital status and mutual understanding and respect among all members of al: economic,socia:,racial, religious,and ethnic groups; and shall endeavor to eliminate discrirrina.tion against,and antagonism between,religiot:s,racial,and ethnic groups and their members. Credits Laws 1969,c. 69-287,§4; Laws 1977,c.77-34i,§4;Fla.St.1977,§ 13.2•:1;Laws 1979,c.79-400,§a;Fla.St.1981,§23.165. West's F. S.A. § 760.05,FL,ST§760.05 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 West's rlorida Statutes Annotated Title XLIV.Civil Rights(Chapiers 760-765) Chapter 76o. Discrimination in the Tre�.tment of Persons;Minority Representation(Refs&Annos) Part I.Florida Civil Rights Act West's F.S,A. §76o.o6 76o.o6.Powers of the commission Currentness Within the limitations provided by law,the commission shall have the following powers: (1)To maintain offices in the State of Florida. (2)To meet and exercise its powers at any place within the state. (3)To promote the creation of, and to provide continuing technical assistance to, local commissions on human relations and to cooperate with individuals and state, local, and other agencies, both public and private, including agencies of the Federal Govermnent and of other states. (4)To accept gifts,bequests,grants,or other payments,public or private,to help mance its activities. (5)To receive, initiate, investigate,seek to conciliate, hold hearings on,and act upon complaints alleging any discriminatory practice,as defined by the Florida Civil Rights Act of 1992. (6) To issue subpoenas for, administer oaths or affinnations to and compel the attendance and testimony of witnesses or to issue subpoenas for and compel the production of books, papers, records, documents, and other evidence pertaining to any investigation or hearing convened pursuant to the powers of the commission. In conducting an investigation,the conunission and its investigators shall have access at all reasonable times to premises,records, documents,and other evidence or possible sources of evidence and may examine,record,and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the Rirtherance of the investigation. The authority to issue subpoenas and administer oaths may be delegated by the commission, for investigations or hearings, to a commissioner or the executive director. In the case of a refusal to obey a subpoena issued to any person,the commission may make application to any circuit court of this state, which shall have jurisdiction to order the witness to appear before the commission to give testimony and to produce evidence concerning the matter in question. Failure to obey the court's order may be punished by tie court as contempt. if the court enters an order holding a person in contempt or compelling the person to comply with the commission's order or subpoena,the court shall order the person to pay the commission reasonable expenses, including reasonable attorneys' fees, accrued by the commission in obtaining the order from the court. (7) To recommend methods for elimination of discrimination and '.ntergroup tensions and to use its best efforts to secure compliance with its recommendations. (8)To furnish technical assistance requested by persons to facilitate progress in human relations. (9)To make or arrange for stadies appropriate to effeo date the purposes and policies of the Florida Civil Rights Act of 1992 and to make the results thereof available to the public, (10)To become a deferral agency for the Federal Government and to comply with the necessary federal regulations to effect the Florida Civil Rights Act of 1992. (11)To render,at least annually,a comprehensive written report to the Governor and the Legislature. The report may contain recommendations of the commission for legislation or other action to effectuate the purposes and policies of the Florida Civil Rights Act of 1992. (12)To adopt,promulgate,amend,and rescind rules to effectuate the purposes and policies of the Florida Civil Rights Act of 1992 and govern'lie proceedings of the commission, in accordance with chapter 120. (13) To receive complaints and coordinate all activities as required by the Whistle-bower's Act pursuant to ss. 1'2.3i87-1..12.31895, —redits Laws 1969, c. 69-287, § 5; Laws 1972, c, 72-48, § 3; Laws 1975, c. 75-232, § 1; Laws 1977, c, 77-341, § 5; Fla_St.1977, § 13.251;FL.St.1981,§23.166;Laws 1992,c.92-177,§ 5.Amended by Laws 1999,e. 99-333, §26, eff.July 1, 1999. Notes ofDecisions t17) West's F. S.A. § 760.06,FL ST§ 760.06 Current with chapters from the 2015 1st Reg. Sess, of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 760-765) Chapter 76o.Discrimination in the Treatment oI'Persons;Minority Representation(Refs 8r Annos) Part I.Florida CiNriI Rights Act West's F.S.A. §76o.o65 760.o65.Florida Civil Rights I.all of Fame Ef•:`ective:July 1,2010 Currentness It is the intent of the Legislature to recognize and honor those persons, living or dead, who have made significant contributions to this state as leaders in the struggle for equality and justice for all persons. (2)(a) There is hereby established the Florida Civil Rights Hall of Fame, The Department of Management Services shall set aside an appropriate public area of the Capitol Building for the Florida Civ;; Rights Hal', of Fame and shall consult with the commission regarding the design and theme of such area. (b) Each person who is selected as a member shall have a designation placed in the Florida Civil Rights Hall of Fame,which designation shall provide information regarding the niem�bers particular discipline or contribution and any vital information relating to the member. (3)(a)The commission shall annually accept nominations for persons to berecommended as members of the Florida Civil Rights Hall of Fame.The commission shall recommend 10 persons from which the Governor shall select up to 3 hall-of-fame members. (b)In snaking recommendations pursuant to this subsection,the commission shall recommend persons who are 18 years orage or older,who were born in Florida or adopted Florida as their home state and base of operation,and who have made a significant contribution and provided exemplary leadership toward Florida's progress and achievements in civil rights. (4)The commission may set specific time periods for acceptance of nominations and the selection of members to coincide with the appropriate activities of the Florida Civil Rights Hal'of Fame, (5)The commission shall be responsible for costs relating to the Florida Civi:Rights Hall of Fame,excluding normal costs of operations,repairs,and maintenance of the public area designated for the Florida Civil Rights Hall of Fame,which shall be the responsibility of the Department of Management Services. �r�dits Added by Laws 2010,c.2010-53, § 1,eff.July 1,2010, West's F. S.A. § 760.065,FL ST§760.065 Current with chapters from the 2015 1st Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV.Ci�,il Rights(Ci:apters'760-765) Chapter 76o. Discrimination in the Treatment of Persons;Minority Representation(Refs&.Ilnnos) Pay t 1.Florida CM1 Rights Act West's F.S.A. §76o.07 76o.oi. Relred.ies fog•unlawful discrimination Cu1Tentness Any violation of any Florida statute making unlawful discrimination because of race, color, religion, gender, rational origin, age,handicap,or marital status in the areas of education,employment,housing,or public accommodations gives rise to a cause of action for all relief and damages described in s. 760.1 1(5),unless greater damages are expressly provided for. If the statute prohibiting unlawful discrimination provides an administrative remedy, the action for equitable relief and damages provided for in this section may be initiated only after the plaintiff has exhausted his or her administrative remedy. The terin "public accommodations"does not include lodge halls or other similar facilities of private organizations which are made available for public use occasionally or periodically.The right to trial by jury is preserved in any case in which the plaintiff is seeking actual or punitive damages. Credits Laws 1992,c.92-177, § 6.Amended by Laws 1997,c.97-102,§ 1137,eff.July 1, 1997. Motes of Decisions (24) West's F. S.A. § 760.07,FL ST§760.07 Current with chapters from the 2015 1st Reg. Sess, of the 24th Legislature in effect through May 22,2015 Si West's Florida Statues Annotated Tile XLIV. Civil Rights (Ch.,pi ers 760-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation(Refs L Annos) Part L Florida ChdI Rights Act West's F.S.A.§76o.o8 76o.o8.Discrimination in places of public accommodation Effective:June 18, 2003 Currentness All persons shall be entitled to the frill and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this chapter, without discrimination or segregation on the ground ofrace,color,rational origin,sex,handicap,familial status,or religion. Credits Added by Laws 2003,c. 2003-396, § 5,off.Raw 18,2003. Notes of Decisions(2) West's F. S. A. § 760.08,FL ST§ 760.08 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated f 'Title XLIV.Civil Rights(ChapL-crs 760-765) Chapter 76o. Discrimination in the Treatment of Persons;Minority Representation(Refs&Annos) Part 1.Florida Civil Rights Act West's F.S.A. §76o.10 76o.lo.Unlawful employment practices Cureerntness (1)It is an unlawful employment practice for an employer: (a)To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation,terms,conditions, or privileges of employment,because of s;:ch individual's race, color,religion,sex,national origin,age,handicap,or marital status. (b) To limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individi,al of employment opportunities,or adverse!y affect any individual's status as an employee,because of such individual's race,color,religion,sex,national origin,age,handicap,or marital status. (2) It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against,any individual because of race, color,religion, sex,rational origin,age,handicap,or marital status or to classify or refer for employment any individual on the basis of race, color,religion, sex, national origin, age,handicap, or marital status. (3)It:s an unlawful employment practice for a labor organization; (a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of race, color, religion,sex,national origin,age,handicap,or marital status. (b) To limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual,in any way which would deprive or tend to deprive any individual of employment oaport.nities, or adversely affect any individual's status as an employee or as an applicant for employment,because of such individual's race, color,religion,sex,national origin,age,handicap,or marital status. (c)To cause or attempt to cause an employer to discriminate against an individual in violation of this section. (4) It is an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of race,color,religion,sex,national origin,age,handicap,or marital status in admission to,or employment in,any program established to provide apprenticeship or other training. (5)Whenever,in order to engage in a profession.,occupation,or trade,it is required that a person receive a license,certification, or other credential,--ecome a member or an associate of a,y cl„b,association,or other organization,or pass any examination,it is an unlawful employment practice for any person to discriminate against any other person seeking such license,certification,or other credential,seeking to become a member or associate of such club,association,or other organization,or seeking to take or pass such examination,because of such other person's race,color,religion,sex,national origin,age,handicap,or marital status. (6)It is an unlawful employment practice for an employer,labor organization,employment agency,orjoint labor-management committee to print, or cause to be printed or p,.zb'.ished, any notice or advertisement relating to employment, membership, classification,referral for employment,or apprenticeship or other training,indicating any preference,Limitation,specification, or discrimination,based on race,color,religion,sex,rational origin,age,absence of handicap,or marital status. (7)It is an unlawful employment practice for an employer, an employment agency, a joint labor-management committee, or a. labor organization to discriminate against any person because that person has opposed any practice which is an unlawfiil employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation,proceeding,or hearing under this section. (8)Notwithstanding any other provision of this section, it is not an unlawful employment practice under ss. 760,01-760.10 for an employer,employment agency, labor organization,,or joint labor-management committee to: (a) Take or fail to take any action on the basis of religion, sex, national origin, age, handicap, or marital status in those certain instances in which religion,sex, national origin,age, absence of a particular handicap, or marital status is a bona fide occupational qualification reasonably necessary for the performance of the particular employment to which such action or inaction is related, (b) Observe the terms of a bona fide seniority system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan,or a system which measures earnings by quantity or quality of production,which is not designed, intended,or used to evade the purposes of ss.760.01-760.10.However,no such employee benefit plan or system which measures earnings shall excuse the failure to hire,and no such seniority system,employee benefit plan,or system which measures earnings shall excuse the involuntary retirement of, any individual on the basis of any factor not related to the ability of such individual to perform the particular employment for which such individual has applied or in which such individual is engaged.This subsection shall not be construed to make unlawful the rejection or terinination of employment when the individual applicant or employee has failed to :nett bona fide requirements for the job or position sought or held or to require any changes in any bona fide retirement or pension programs or existing collective bargaining agreements during the life of the contract,or for Z years after October 1, 1981,whichever occurs first, nor shall this act preclude such physical and medical examinations of applicants and employees as an employer may require of applicants and e:7ployees to determine.Fitness for the job or position sought or held. (c) Take or fail to take any action on the basis of age, pursuant to ;aw or regulation governing any employment or training program designed to benefit persons of a particular age group. (d)Take or fail to take any action on the basis of marital status if that status is prohibited under its antinepotism po?icy. (9) This section shall not appy to any religious corporation, association, educational institution, or society which conditions opportunities in the area of employment or public accommodation to members of that religious corporation, association, educational institution,or society or to uersons who subscribe torts tcrets or beliefs.This section shall not prohibit a religious corporation,association,educational institution,or society from giving preference in employment to individua;s of a particular religion to performwork connected with the carrying on by such corporations,associations,educational institutions,or societies of its various activities. (10) Each employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice provided by the commission setting forth such information as the commission deems appropriate to effectuate the purposes of ss. 760.01-760.10. Credits Laws 1977, c. 77-341, § 6; Laws 1978, c. 78-49, § 2;Fla.St.1978, Stapp. § 13.261;Laws 1979,c. 79-400, § 5; Laws 1981, c. 81-109, § 1;1'Ia.St.1981, §23.167; Laws 1992,c.92-177, § 7; Laws 1992,c.92-282,§ 2. Notes oi'Decisions(773) West's F. S.A. §760,10,FL ST§ 760.10 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV.Civil Rights(Chapiers 76o-/65) Chapter 76o.Discriminatio:-t in the Treatment of Persons;Minority Representation(Refs&Atmos) Part I.Florida Civil R ghts Act West's F.S.A. §76o.ii 76o.ii.Administrative and eivil remedies;construction Effective: October 1, 2004 Currentness (1)Any person aggrieved by a violation of ss.760,01--760.10 may file a complaint with the commission within 365 days of the alleged violation,naming the employer,employment agency,labor organization,or joint labor-management committee,or,in the case of an alleged violation of 760.10(5),the person responsible for the violation and describing the violation.Any person aggrieved by a violation of s,509.092 may file a complaint with the commission within 365 days of the alleged violation naming ,be person responsible for the violation and describing the violation.The commission,a commissioner,or the Attorney General may in like manner file such a complaint. On the same day the complaint is filed with the commission, the commission shall clearly stamp on the face of the complaint the date the complaint was filed with the commission.In lieu of filing the complaint with the commission,a complaint under this section may be filed with the federal Equal Employment Opportunity Commission or with any unit of government of the state which is a fair-employment-practice agency under 29 C.F,R. ss. 1601.70-1601.80. If the date the complaint is filed is clearly stamped on the face of the complaint, that date is the date of fling. The date the complaint is filed with the commission for purposes of this section is the earliest date of filing with the Equal Employment Opportunity Commission, the fair-employment-practice agency, or the commission. The complaint shall contain a short and plain statement of the facts describing the violation and the relief sought. The commission may require additional information to be in the complaint.The commission,within 5 days of the complaint being filed,shall by registered mail send a copy of the complaint to the person who allegedly committed the violation.The person who allegedly committed the violation may file an answer to the complaint within 25 days of the date the complaint was feed with the commission, Any answer filed shall be mailed to the aggrieved person by the person filing the answer. Both the complaint and the answer shail be verified. (2)In the event that any other agency of the state or of any other Ludt of government of the state has jurisdiction of the subject :matter of any complaint filed with the com-mission and has legal authority to investigate the complaint, the commission may refer such complaint to such agency for an investigation. Referral of such a complaint by the commission shall not constitute agency action within the meaning of s. 120.52. In the event of any referral under this subsection,the commission shall accord substantial weight to any indings and conclusions of any such agency.The referra'of a complaint by the commission to a local agency does not divest the commission's jurisdiction over the complaint. (3)Except as provided in subsection(2),the commission shall investigate the allegations in the complaint.Within 180 days of the filing of the complaint,the commission shall determine if there is reasonable cause to believe that discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992. When the commission determines whether or not there is reasonable cause, the commission by registered mail shall promptly notify the aggrieved person and the respondent of the reasonable cause determinatlon,the date of such determination,and the options available under this section. (4) In the event that the commission determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992,the aggrieved person may either: (a)Bring a civil action against the person named in the complaint ir any court of competent jurisdiction;or (b)Request an administrative hearing under ss. 220.569 and 120.57. The election by'.he aggrieved person ofriling a civil action or requesting an administrative hearing under this subsection is the exclusive procedure available to the aggrieved person pursuant to this act. (5) In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice, including back pay. The court may also award compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries, and punitive damages.The provisions of ss. 768.72 and 768.73 do not apply to this section.The judgment for the total amount of punitive damages awarded under this section to an aggrieved person shall not exceed $100,000. In any action or proceeding under this subsection,the court,in its discretion,may allow the prevailing party a reasonable attorney's fee as part of the costs. It is the intent of the Legis:ature that this provision for attorney's fees be interpreted in a manner consistent with federal case law involving a Title VIl action.The right to trial by iu y is preserved in any such private right of action in which the aggrieved person is seeking compensatory orpunitive damages,and anyparty may demand atrial by jury.The commission's determination of reasonable cause is not admissible into evidence in any civil proceeding, including any hearing or trial, except to establish for the court the right to maintain the private right of action.A civil action brought under this section shall be commenced no later than 1 year after the date of determination of reasonable cause by the commission..The commencement of such action shall divest the commission of jurisdiction of the complaint,except that the commission may intervene in the civil action as a matter of right.Notwithstanding the above,the state and its agencies and subdivisions shall not be liable for punitive damages.The total amount of recovery against the state and its agencies and subdivisions shall not exceed the limitation as set forth in s.768.28(5). (6) Any administrative hearing brought pursuant to paragraph (4)(b) shall be conducted under ss. 120.569 and 120.57. The commission may hear the case provided that the final order is issued by members of the commission who did not conduct the hearing or the commission may request that it be heard by an administrative law judge pursuant to s. 120.569(2)(x). If the commission elects to hear the case, it may be heard by a commissioner. If the commissioner, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred, the commissioner shall issue an appropriate proposed order in accordance with chapter 120 prohibiting the practice and providing affirmative relief from the effects of the practice,including back pay. If the administrative law judge, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred,the administrative law judge shall issue an..appropriate recommended order in accordance with chapter 120 prohibiting the practice and providing affirmative relies from the effects of the practice, including back pay. Within 90 days of the date the recommended or proposed order is rendered,the commission shall issue a fnal order by adopting,rejecting,or modifying the recommended order as provided under ss. 120.569 and 120.57.The 90-day period may be extended with the consent of al] the parties. An administrative hearing pursuant to paragraph(4)(b) must be requested no later than 35 days after the date of detenmiration of reasonable cause by the commission. In any action or proceeding under this subsection,the commission, in its discretion,may allow the prevailing party a reasonable attorney's fee as part of the costs, It is the intent of the Legislature that this provision for attorney's fees be.interpreted in a manner consistent with federa=case law involving a.Title VII action. (7)If the commission determines that thereis not reasonable cause to believe t'at a violation of the Florida Civil Rights Act of 1992 has occurred, the commission shall dism;ss the complaint.The aggrieved person may request an administrative hearing under ss. 120.569 and 120.57, but any such request must be made within 35 days of the date of determination of reasonable cause and any such;rearing shall be heard by an administrative law judge and not by the commission or a commissioner.If the aggrieved person does not request an administrative hearing within the 35 days, the claim will be barred. If the administrative law judge finds that a violation of the Florida Civ;: Rights Act of 1,992 has occarred, he or she shall issue an appropriate recommended order to the commission prohibiting the practice and recommending affirmative relief from the effects of the practice,includir g back pay.Within.90 days of the date the recommended order is rendered,the commission shall issue a final order by adopting,rejecting,or-nodifying the recommended order as provided under ss. 120.569 and 120.57.The 90-day period may be extended with the consent of all the parties. In any action or proceeding under this subsection, the commission, in its discretion,may allow the prevailing party a reasonable attorney's fee as part of the costs. It is the intent of the Legislature that this provision for attorney's fees be interpreted in a manner consistent with federal case law involving a Title VII action.. In the event the final order issued by the commission determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the aggrieved person may bring, within I year of the date or the final order, a civil action,under subsection(5)as if there has been a reasonable cause determination or accept the affurnative relief offered by the commission,but not both. (8)In the event that the commission fails to conciliate or determine whether there is reasonable cause on any complaint under this section, within 18C days o--the filing of the complaint, an aggrieved persor. may proceed under subsection (4), as if the cornal;ssion determined that there was reasonable cause. (9)No liability for back pay shall accrue from a date more than 2 years prier to the filing of a complaint with the commission. (10)A judgment for the amount of damages and costs assessed pursuant to a'final order by the commission may be entered in any court having jurisdiction thereof and may be enforced as any other judgment. (11) If a complaint is within the jurisdiction of the commission, the commission shall simultaneously with its other statutory obligations attempt to eliminate or correct the alleged discrimination by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent civil proceeding,trial,or hearing.The commission may initiate dispute resolution procedures,including voluntary arbitration,by special magistrates or mediators. The commission may adopt rules as to the qualifications of persons who may serve as special magistrates and mediators. (12)All complaints filed with the commission and all records and documents in the custody of the commission,which relate to and identify a particular person,including,but not limited to,a complainant,employer,employment agency,labor organization, or joint labor-management committee shall be confidential and shall not be disclosed by the commission,except to the paries or in the course of a hearing or proceeding under this section. The restriction of this subsection shall not apply to any record or document which is part of the record of any hearing or court proceeding. 03) Final orders of the commission are subject to judicial review pursuant to s. 120.68. The commission's determination of reasonable cause is not final agency action that is subject to judicial review, Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay the order of the com_nissior_,except as provided in the.Rules of Appellate Procedure. In any action or proceeding under this subsection, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the cost.It is the intent of the Legislature that this provision for attorneys fees be interpreted in a manner consistent with federal case law involving a Title VIi action,. In the event the order of the court determines that a violation of the Florida. Civil Rigkts Act or 1992 has occurred, the court shall remand the matter to the commission for appropriate relief,The aggrieved party has the option to accept the relief offered by the commission or may bring,within 1 year of the date of the court order,a cavil action under subsection(5)as if there has been a reasonab'.e cause determination. (14)The commission may adopt,promulgate, amend,and rescind rules to effectuate the purposes and policies of this section and to govern the proceedings of the commission under this section, (15) In any civic action or admir.'.strative proceeding brought pursuant to this section,a finding that a person employed by the state or any governmenta! entity or agency has violated s. 760.10 shat: as a matter of law constitute just or substantial cause for such person's discharge. Credits Laws 1992.c. 92-177, § 8; Laws 1992,c. 92-282,§ 3;Laws 1994,c. 94-91, § 1; Laws 1996,c. 96-406,§417; Laws 1996,c. 96-110,§302.Amended by Laws 2001,c.2001-187,§ 1,eff. Tune 8. 2001; Laws 2004,c.2004-11,§ 97,.eff.Oct. 1,2004. Notes of Decisions(131) West's F. S. A. § 760.i 1,FL ST§ 760.11 Current with chapters from the 2015 1st lkeg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV.Civil Rights(Chapters 760-765) Chapter 76o.Discrimination in the Treatment of Persons; Minority Representation(Refs&Annos) Part 11.Fair Housing Act West's F.S.A. §76o.20 76o.2o.Fair Housing Act;short title Currentness Sections 760.20-760.37 may be cited as the"Fair Housing Act." Credits Laws 1983,c. 83-221,§ 1. Notes of Decisions(7) West's F. S.A. § 760.20,FL ST§760.20 Current with chapters from the 2015 lst Reg. Sess. of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV.Civil Rights(Chapters 760-765) Chapter 76o.Discrimination in the Treatment of Persons;Minority Representation(Refs&Annos) Part II. Fair Housing Act West's F.S.A. §760.27 760.21. State policy on fair housing Currentness It is the policy of this state to provide,within constitutional limitatiors,for Fair housing throughout the state. Crediis Laws 1983,c. 83-221, §2. West's F.S.A. § 760.21,FL ST§760.21 Oarrent with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,20:5 West's Florida Statutes Annotated Title XLIV.Civil Rights(Chapters 760-766) Chapter 76o. Discrimination in the Treatment of Persons;Minority Representation(Refs&Annos) Part 11.Fair Housing Act West's F.S.A. §76o.22 760.22.Definitions Currentness As used in ss.760.20-760.37,the term: (1)"Commission"means the Florida Commission on Human Relations. (2)"Covered multifamily dwelling"means: (a)A building which consists of four or more units and has an elevator;or (b)The ground floor units of a building which consists of four or more units and does not have an elevator. (3)"Discriminatory housing practice"means an act that is unlawful under the terms of ss. 760.20-760.37. (4)"Dwelling"means any building or structure,or portion thereof,which is occupied as,or designed or intended for occupancy as,a residence by one or more families,and any vacant land which is offered for sale or lease for the construct_on or location on the land of any such building or structure,or portion thereof. (5)"Familial status"is established when an individual who has not attained the age of 18 years is domiciled with: (a)A parent or other person having legal custody of such individual;or (b)A designee of a parent or other person having legal custody,with the written permission o:such parent or other person. (6)"Family"includes a single individual. (7)"Handicap"means: (a)A person has a physical or nsental impairment which substantially limits one or more major life activities,or he or she has a record of having,or is regarded as having,such physical or mental impain-nent;or (b)A person has a developmental disability as defined in s.393.063. (8) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives,mutual companiesjoint-stack companies,tr:,sts,unincorporated organizations,trustees,tr.,stees in bankruptcy, receivers,and fiduciaries. (9)"Substantially equivalent"means an administrative subdivision of the State of Florida meeting the requirements of24 C.F.A. Part 115,s. 1'_5.6. (1,0)"To rent"includes to lease,to sublease,to let,and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Crediis Laws 1983,c. 83-221, § 3;Laws 1984,c. 84-117, § 1; laws 1987,c. 87-106, § 1; Laws 1989,c. 89-308, §28; Laws 1989,c. 89-321,§ 1.Amended by Laws 1597,c.97-102, § 1138,eff.July 1, 1997. Notes of Decisions(7) West's F.S.A. §760.22,FL ST§760.22 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015 E.:.- West's Florida Statutes Annotated. Title XLIV. Civil Rights(Chapters 76o-765) Chapter 76o.Discrimination in the Treatment of Persons; Minority Representation(Refs 3:•Annos) Part II.Fair Housing Act West's F.S.A. §760.23 760.23.Discrimination in the sale or rental of housing and other prohibited practices Currentness (1)It is unlawful to refuse to sell or rent after the making of a bona fide offer,to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or de.y a dwelling to any person because of race,color,national origin,sex,handicap,familial status,or religion. (2) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith,because of race,color,national origin,sex,handicap,familial status,or religion. (3)It is unlawful to make,print,or publish,or cause to be.made,printed,or published,any notice,statement,or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, national origin, sex, handicap, familial status, or religion or an intention to make any such preference, limitation, or discrimination. (4) It is unlawful to represent to any person because of race, color, national origin, sex,handicap, familial status, or religion that any dwelling is not available for inspection,sale,or rental when such dwelling is in fact so available. (5)Itis unlawful,for profit,to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, national origin., sex, handicap,familial status,or religion. (6)The protections afforded under ss. 760.20-76037 against discrimination on the basis of familial status apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years, (7) It is unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any'buyer or renter because of a handicap of (a)That buyer or renter; (b)A person residing in or intending to reside in that dwelling after it is sold,rented,or made available; or (c)Any person associated with the buyer or renter. (S)It is unlawful to discriminate against any person in the to:-ns,conditions,or privileges of sale or rental of a dwelling,or in the provision of services or facilities in connection with such dwelling,because of a handicap of: (a)That buyer or renter; (b)A person residing in or intending to reside in that dwelling after it is sold,rented,or made available; or (c)Any person associated with the buyer or renter. (9)For purposes of subsections(7)and(S),discrimination includes: (a)A refusal to permit,at the expense of the handicapped person,reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises;or (b)A refusal to make reasonable accommodations in rules,policies,practices,or services,when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. (10) Covered multifamily dwellings as defined herein which are intended for first occupancy after March 13, 1991, shall be designed and constricted to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or.unusual characteristics of the site as detennined by commission rule. Such buildings shall also be designed and constructed in such a manner that: (a)The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons. (b)All doors designed to allow passage into and within all premises within such dwellings are siSficiently wide to allow passage by a person in a wheelchair. (c)All premises within such dwellings contain the following features of adaptive design: 1.An accessible route into and through the dweCing. Z. Light switches,electrical outlets,thermostats,and other crvironmcntal controls in accessible locations. 3.Reinforcements in bathroom walls to a'.iow later installation of grab bars, 4.Usable kitchens and bathrooms such that a person in a wheelchair can maneuver about the space. (d) Compliance with the appropriate requirements of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically hand;capped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph(c). State agencies with bLrilding construction regulation responsibility or local governments,as appropriate,shall review the plans and specifications for the construction of covered multifamily dwellings to determine consistency with the requirements of this subsection. Creaits Laws 1983,c. 83-221, § 5;Laws :984,c. 84-117, §2;Laws 1989,c. 89-321, §2. Notes of Decisions(8) West's F. S. A. § 760.23,FL,ST§ 760.23 Current with chapters from the 2015 Ist Reg. Sess. of the 24th Legislature in effect through May 22,2015 V. West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation(Refs&Annos) Part II.Fair Housing Act West's F.S.A. §760.24 760.24.Discrimination in the provision of brokerage services Currentness It is unlawf,,l to deny any person access to,or membership or participation in,any multiple-listing service,real estate brokers' organization,or other service,organization,or facility relating to the business of selling or renting dwellings,or to discrir_linate against him or her in the terns or conditions of such access,membership,or participation,on account of race,color, national origin,sex,handicap,famiia.l status,or religion. Credits Laws 1983,c. 83-221, § 7;Laws :984,a 84-117,§ 3;Laws 1989,c. 89-321, §3.Amended by Laws 1997,c.97-102, § 139, off.July 1, 1997. West's F. S.A. § 760.24,FL ST§760.24 Current with chapters from the 2015 1st Reg. Sess.of the 24th Legislature in effect through May 22,2015 �aSi•.,.u�...�1 f..Y . .. . ....L:u 0!- West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 760-76;) Chapter 76o. Discrimination in the"Treatment of Persons;Minority Representation(Refs 8r Annos) Part II.Fair Housing Act West's F.S.A. §76o.26 76o.25.Discrimination in the financing of housing or in residential real estate transactions Currentness (1) It is uniawft�l for any bank, building and loan association., insurance company, or other corporation, association, firm, or enterprise the business of which consists in whole or in part of the making of commercial real estate loans to deny a loan or other financial assistance to a person applying for the loan for the purpose of purchasing,constructing,improving,repairing,or :maintaining a dwelling,or to discriminate against him or her in tl:e fixing of the amount, interest rate, duration,or other term or condition of such loan or other financial assistance,because of the race,color,national origin,sex,handicap,familial status, or religion of such person or of any person associated with him or her ir connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or because of the race,color,national origin,sex,handicap,familial status, or religion of the present or prospective owners, lessees,tenants,or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. (2)(a) It is unlawfui for any person or entity whose business includes engaging in residential real estate transactions to discriminate against any person in making available such a transaction, or in the terns or conditions of such a transaction, because of race,color,national origin,sex,handicap,familial status, or relig?on, (b)As used in this subsection,the term"residential real estate transaction"means any of the foilowing: 1.The,Waking or purchasing of loans or providing oti er financial assistance, a.For purchasing,constructing,improving,repairing,or maintaining a dwelling;or b.Secured by residential real estate. 2.The selling,brokering,or appraising of residential real property. Credits Laws 1983, c, 83-221, § 6; Laws 1984,e. 84-117, § 4; Laws 1989, c. 89-321, § 4; Laws 1990, c. 902x.75, § 17. Amended by Laws 1997,. c. 97-L02, § 1.140,eff.July 1, 1997. West's F. S.A. § 760.25,FL ST§ 760.25 Current with chapters from the 2015 1st Reg. Sess,of the 24th Legislat,:re in effect through May 22,2015 ..�. .�:.� :i.�Cl.."i.ii _... � � ,. _ ,-a'� .���..a+E:j'� ...a�.. , `9..wi ter.; . _'�+`. ,. f w....:.. ..i_.__C-..`:eJ l{I .ri E.. ,trn.E E'.1-��•t.� t .:� »v..i�...e. i �:il. v�. f _ .�.i West's Florida Statutes Annotated Title XLIV, Civil Rights(Chapters 76o-765) !E Chapter 76o.Discrimination in th:;Treatment of Persons;Minority Representation(Reis&Annos) Part II.Fair Housing Act West's F.S.A. §76o.26 76o.26. Prohibited discrimination in land use decisions and in permitting of development Effective:July 1,2000 Currentness It is unlawful to discriminate in land use decisions or in the permitting of development based on race, color, national origin, sex, disability, familial status, religion, or,except as otherwise provided by law, the source of financing of a development or proposed developalent. radits Added by L:ws 2000,c. 2000-3537 5 16,c.f.July 1,2000. West's F. S.A. § 760.26,FL ST§760.26 Current with chapters from the 2015 1st Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title YLIV. Civil Rights(Chapters 760-766) Chapter 76o.Discrimination in the Treatment of Persons; Minority Representation(Refs&Annos) Part II.Fair Housing Act West's F.S.A. §760.29 760.29.Exemptions Effective:July 1,2003 Currentness (1)(a)Nothing in ss.760.23 and 760.25 applies to: 1.Any single-family house sold or rented by its owner,provided such private individual owner does not own more than three single-fancily houses at any one time. In the case of the sale of a single-family house by a private individual owner who does not reside in such house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this paragraph applies only w'.th respect to one sale within any 24-month period. In addition, the bona fide private individual owner shal'.not own any interest in,nor shall there be owned or reserved on his or her behalf,under any express or voluntary agreement, title to, or any right to all or a portion of the proceeds from the sale or rental of, more than three single-family houses at any one time.The sale or rental of any single-family house shall be excepted from the application of ss. 760.20-760.37 only if the house is sold or rented, a. Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate licensee or such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such licensee or person;and b. Without the publication,posting,or mailing,after notice,of any advertisement or written notice in violation of s.760.23(3). Nothing in this provision prohibits the use of attorneys,escrow agents,abstractors,title companies,and other such professional assistance as is necessary to perfect or transfer the title. 2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence. (b)For the purposes of paragraph(a),a person is deemed to be in the business of selling or renting dwellings if the person: 1. Has,within the preceding 12 months,participated as principal in three or more transactions involving the sale or rental of any dwet!irg or interest therein; iia. , 2. Has,within the preceding 12 months,participated as agent, other than in the sale of his or seer own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or interest therein;or 3. Is the owner of any dwelling designed or intended for occupancy by,or occupied by,five or more families. (2) Nothing in ss. 760.20-'/60.37 prohibits a religious organization, association, or society, or any nonprofit institution or organization operated,supervised,or controlled by or in conjunction with a religious organization,association,or society,from Iimiting the sale,rental,or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons,unless membership in such religion is restricted on account of race,color, or national origin. Nothing in ss.760.20-760.37 prohibits a private club not in fact open to the public,which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (3)Nothing in ss.760.20-760.37 requires any person renting or selling a dwelling constricted for first occupancy before March 13, 1991,to modify,alter,or adjust the dwelling in order to provide physical accessibi'.ity except as otherwise required by Iaw. (4)(a)Any provision of ss. 760.20-760.37 regarding familial status does not apply with respect to housing for older persons. (b)As used in this subsection,the term"housing for older persons"means housing: 1. Provided under any state or federal program that the commission determires is specifically designed and operated to assist elderly persons,as defined in the state or federal program; 2. Intended for,and solely occupied by,persons 62 years of age or older; or 3, Intended and operated for occupancy by persons 55 years of age or older that meets the following requirements: a.At least 80 percent of the occupied units are occupied by at:east one person 55 years of age or older. b. The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph, If the housing facility or community meets the req:.irer.-cnts of sub-subparagraphs a. and c. and the recorded governing documents provide for an adult, senior, or retirement housing facility or community and the governing documents lack an amendatory procedure,prohibit amendments,or restrict amendments until a specified f4t.re date,then that housing facility or community shat! be deemed housing for older persons intended and operated for occupancy by persons 55 years of age or older, If those documents further provide a prohibition against residents 16 years of age or younger, that Provision shall be construed, for ourposes of the Fair Housing Act, to only apply to residents 18 years of age or younger, in order to conform with federal law requirements.Governing documents which can be amended at a future date must be amended and properly recorded within I year after that date to reflect the requirements for consideration as housing for older persons, if that housing facility or community intends to continue as housing for older persons. c.The housing facility or community complies with rules made by the Secretary of the United States Department of Housing and Urban Development pursuant to 24 C.F.R. part 100 for verification of occupancy, which rules provide for verification by reliable surveys and afflidavits and include examples of the types of policies and procedures relevant to a determination of compliance with the requirements of stip-subparagraph b. Such surveys and affidavits are admissible in administrative and -:dicial proceedings for the pvuposes of such verification.. (c)Housing shall not fail to be considered housing for older persons if: 1. A person who resides in such housing on or afrer October 1, 1989, does not meet the age requirements of this subsection, provided that any new occupant meets such age requirements;or 2. One or amore units are unoccupied,provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements ofthis sLbsection. (d)A person shall not be personally liable for monetary damages for a violation of this subsection if such person reasonably relied in good faith on the application of fine exemption under this subsection relating to housing for olderpersons.Forpurposes of this paragraph,a person may show good faith reliance on the application of the exemption only by showing that: 1. The person has no actual knowledge that the facility or the community is ineligible, or will become ineligible, for such exemption; and 2. The facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption. (e)A facility or community claiming an exemption under this subsection shall register with the commission and submit a letter to the commission stating that the facility or community complies with the requirements of subparagraph(b)1.,subparagraph (b)2., or subparagraph (b)3, The letter shall be submitted on the letterhead of the facility or community and shall be signed by the president of the facility or comm.mity.This registration and documentation shall be renewed biennially from the date of original filing. The information in the registry shall be made available to the public, and the commission shall include this information on an Interne!website. The commission may establish a reasonable registration fee,not to exceed$20, that shall be deposited into the commission's trust fund to defray the administrative costs associated with maintaining the registry. The commission may impose an administrative line, not to exceed $500, on a facility or community that knowingly submits false information in the documentation required by this paragraph. Such fines shat;be deposited in the commission's trust find.The registration and documentation required by this paragraph shall not substitute for proof of compliance with the requirements o:this subsection. Failure to co_nply with the requirements of this paragraph shall not disqualify a facility or community that otherwise cualifes for the exemption provided in this subsection. A county or municipal ordinance regarding housing for older persons may not contravene the provisions of this subsection. (5)Nothing in ss.760.20-760.37: (a) Prohibits a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race,color,national origin,sex,handicap,familial status,or religion. (b)Limits the applicability of any reasonable lova:restriction regarding the maximum number of occupants permitted to occupy a dwelling. (c)Requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (d)Prohibits conduct against a person becaase such person has been convicted by&ny court of competent jurisdiction of the illegal manufacture or distribution of a.controlled substance as defined under chapter 893. Credits Laws 1984,c. 84-1:7,§ 5,added subsec, (3);Laws 1983,c. 83-221, §§4,8;Laws 1984,c.84-117,§ 5;Laws 1989,c. 89-321, § 5; Laws 1990, c. 90-275, § 18; Laws 1996, c. 96-191, § 1. Amended by Laws 1997, c. 97-102, § 1792, eff. July 1, 1997; Laws 1999, c. 99-348, § 1, eff. Juno 11, 1999;Laws 2001,c.2001-143, §4,eff. Oct. 1,2001; Laws 2003,c.2003-164, § 59, eff.July 1.,2003. Notos ofDccisions(1) West's F.S.A. §760.29,FL ST§ 760.29 Current with chapters from the 2015 1 st Reg. Sess. of the 24th Legislature in effect through May 22,2015 IXest's Florida Statutes Annotated Title XLIV.Civil Rights (Chapters 760-765) i Chapter 76o. Discrimination in th.,'Treatment of Persons; Minority Representation(Reis&lnnos) I Part It.Fair Housing Act West's F,S.A. §760.30 76o.3o.Administration o:ss.76o.20-760.37 Currentness (1)The authority and responsibility for administering ss. 760.20-760.37 is in the commission. (2) The commission may delegate any of its functions, duties, and powers to its employees, including functions, duties, and powers with respect to investigating,conciliating,hearing, determining,ordering,certifying,reporting,or otherwise acting as to any work,business,or matter under ss. 760.20-760.37, �reaits Laws 1983,c. 83-2215 § 9. West's F.S.A. § 760.30,FL ST§760.30 Current with chapters from the 2015 1 st Reg. Sess.of the 24th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-766) Chapter 760. Discrimination in the Treatment of Persons;Minority Representation(Refs&Annos) Part II. lair Housing Act West's F.S.A. §760.31 760.31. Powers and duties of commission Effective: October 1,2001 Currentness The commission shall; (1)Make studies with respect to the nature and extent of discrimineory housing practices in representative urban, suburban, and rural communities throughout the state. (2)Publish and disseminate reports,recommendations,and information derived from such studies. (3)Cooperate with and render technical assistance to public or private agencies,organizations,and institutions within the state which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices. (4) Administer the programs and activities relating to housing in a. manner affirmatively to further the policies of ss. 760.20-760.37. (5)Adopt rules necessary to implement ss. 760.20-760.37 and govern the proceedings of the commission in accordance with chapter 120.Commission rules shall clarify terms used wiIh regard to handicapped accessibility,exceptions from accessibility requirements based on terrain or site characteristics, and requirements related to housing for older persons. Commission rules shall specify the fee and the forms and procedures to be used for the registration required by s.760.29(42)(e). Credits Laws 1983,c. 83-221,§ 9;Laws 1989,c. 89-321,§ 6.Amended by Laws 2001,c.2001-143, § 5,eff.Oct. 1,2001. West's F. S.A. § 760.3 1,FL ST§ 760.31 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,20:5 West's Florida Statutes Annotated Tale XLIV.Civil Rights(Chapters 760-765) Chapter 76o. Discrimination in the Treatment of Persons;Minority Rapresentation(Refs&Annos) Part II.Fair Housing Act West`s F.S.A.§766.32 760.32.Investigations;subpoenas;oaths Currentness (1)In conducting an investigation,the commission shall have access at al?reasonable times to premises,records,documents, individuals,and other evidence or possible sources of evidence and may examine,record,and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation,provided the commission first complies with the provisions of the State Constitution relating to unreasonable searches and seizures.The commission.may issue subpoenas to compel its access to or the production of such materials or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court.The commission may administer oaths. (2) Upon written application to the commission, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the commission to the same extent and subject to the same limitations as subpoenas issued by the commission itself.A subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at her or his request. (3)Within 5 days after service of a subpoena upon any person,such person may petition the commission to revoke or modify the subpoena. The commission shall gran: the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place,that it requires production of evidence which does no.relate to any matter under investigation,that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason, (4)In case of refusal to obey a subpoena,the commission or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides,was served, or transacts business. (5)Witnesses summoned by subpoena of the commission shall be entitled to the same witness and mileage fees as are witnesses in proceedings in court.Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent. Credits Laws :983,c. 83-221, § 9.Amended by Laws 1997,c. 97-102, § 1141,eff.July 1, 1997. West's F. S.A. § 760.32,FL ST§ 760.32 Cui:ent with chapters from the 2015 1st Reg. Sess. of the 241th Legislature in effect through May 22,2015 West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 760-765) Chap cer 76o. Discrimination in.the Treatment of Persons;Minority Representradon(Refs.�c Annos) Part II.Fair Housing Act West's F.S.A. §76o.34 76o.34.Enforcement Effective:July i,2013 Currentness (1) Any person who claims to have beep.iriured by a discriminatory housing practice or who believes that he or she will be injured by a discriminatory housing practice that is about to occur play file a complaint with the commission..Complaints shall be in writing and shall contain such information and be in such form as the commission requires.Upon receipt of such a complaint, the commission shall furnish a copy to the person or persons who allegedly committed the discriminatory housing practice or are about to commit the alleged discriminatory housing practice, Within 100 days after receiving a complaint, or within 100 days after the expiration of any period of reference under subsection (3), the commission shall investigate the complaint and give notice in writing to the person aggrieved whether it intends to resolvc?t.If the cor-unission decides to resolve the complaint, it shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under ss.760.20-760.37 without the written consent of the persons concerned. Any employee of the commission who makes public any information in violation of this provision is guilty of a misdemeanor of the first degree,pu ishable as provided in s.775.082 or s. 775.083. (2)A complaint under subsection(1)must be filed within 1 year after the alleged discriminatory housing practice occurred.The complaint must be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. A complaint may be reasonably and fairly amended at any time.A respondent may file an answer to the complaint against him or her and,with the leave of the commission,which shall be granted whenever it would be reasonable and fair to do so,may amend his or her answer at any time. Both complaint and answer shall be verified. (3) Wherever a. local fair housing law provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent to the rights and remedies provided in ss. 760.20-760.37,the commission shall notify the appropriate lora! agency of any complaint filed under ss. 760.20-760.37 which appears to constitute a violation of the local fair housing law,and the commission shall take no further action with respect to such complaint if the local law enforcement official has, within 30 days from the date the alleged offense was brought to his or her attention,commenced proceedings in the matter.In no event shall the commission take further action unless it certifies that in its judgment,under the circumstances of the particular case,the protection of the rights of the parties or the interests of justice require such action. (4) I'll within 180 days after a complaint is filed with +3he commission or within 180 days after expiration of any period of reference under subsection (3), the commission has been unable to obtain voluntary compliance with ss. 760.20-760.37, the person aggrieved may commence a civil action in any appropriate court against the respondent mired in the complaint or petition for an administrative determination pursuant to s. 760.35 to enforce the rights granted or protected by ss. 760.20-760.37, If as a result of its investigation under subsection(l),the commission finds there is reasonable cause to believe that a discriminatory housing practice has occurred,a.the request of the person aggrieved,the Attorney General may bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of ss.760.20-760,37. (5)In any proceeding brought pursuant to this section or s. 760,35,the burden of proof is on the complainant. (6) Whenever an action filed in court pursuant to this section or s. 760.35 cones to trial, the commission shall immediately terminate al; efforts to obtain voluntary cOn-ipliance. (7)(a)The commission may instiWte a.civil action in any appropriate court if it is unable to obtain voluntary compliance with ss. 760.20-760.37.The commission need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. (b)The court may impose the following fines for each violation of ss.760.20-760.37: 1. Up to$10,000,if the respondent has not previously been found guilty of a violation of ss. 760.20-760.37. 2.Up to$25,000,if the respondent has beep.found guilty of one prior violation of ss.760.20-760,37 within the preceding 5 years. 3.Up to$50,000,if the respondent has been found guilty of two or more violations of ss. 760.20-760.37 within the preceding 7 years, In imposing a fine under this paragraph, the court shall consider the nature and circumstances of the violation, the degree of culpability,the history of prior violations of ss. 760.20-760.37, (lie financial circumstances of the respondent,and the goal of deterring future violations of ss. 760.20-760.37. (c)The court shall award reasonable attorney's fees and costs to the commission in any action in which the commission prevails. (8)Any local agency certified as substantially equivalent may institute a civil action in any appropriate court,including circuit court, ;fit is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action.—.he court may impose f nes as provided ir.the local fair housing law. Credits Laws 1983,c. 83-221, §§ 9, 10; L-ws 1.989,c. 89-321,§ 7; Laws 1994,c. 94-91, § 2; Laws 1.996,c.96-406,§ 418.Amended by Laws 1997,c.97-102,§ 1793,eff:.luly 1, 1997; Laws 2013,c. 2013-207, § 8, off,July 1,2013. Notes of Decisions(1) West's F, S.A. §760.34,FL ST§ 760.34 Current with chanters from the 20"_5 1st Reg. Sess, ofthe 24th Legislature in effect through May 22„2015 1' ! i j West's Florida Statutes Annotated Title XLIV. Civil Rights(Chapters 76o-765) Chapter 76o.Discrimination in the Treatment of Persons;Minority Represent tion(Refs&,mnos) Part II,fair Housing Act West's F.S.A. §76o.35 760.35.Civil actions and relief;administrative procedures Currentness (1) A civil action shall be commenced no later than 2 years after an alleged discriminatory housing practice has occurred. However, the court shall continue a civil case brought pursuant to this section or s. 760.34 from time to time before bringing it to trial if the court be'.ieves that the conciliation efforts of the commission or local agency are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the commission or to the local agency and which practice forms the basis for the action in court.Any sale,enctimbrance,or rental consummated prior to the issuance of any court order issued under the authority of ss.760.20-760.37 and involving a bora fide purchaser,encumbrancer,or tenant without actual notice of the existence of the filing of a complaint or civi?action under the provisions of ss.76VO-760.37 shall not be affected. (2) If the court finds that a discriminatory housing practice has occurred, it shall issue an order prohibiting the practice and providing affirmative relief from the effects of the practice,including injunctive and other equitable relief,actual and punitive damages,and reasonable attorney's fees and costs. (3)(a) If the commission is unable to obtain voluntary compliance with ss. 760.20-760.37 or has reasonable cause to believe that a discriminatory practice has occurred: :.The commission may institute an administrative proceeding under chapter 120;or 2. The person aggrieved may request administrative relief under chapter 120 within 30 days after receiving notice that the commission has concluded its investigation under s. 760.34. (o)Administrative hearings shall be conducted pursuant to ss. 120.569 and 120.57(1). The respondent must be served written notice by certified mail. If the administrative law judge finds that a discriminatory housing practice has occurred or is about to occur,he or she shall issue a recommended order to the commission prohibiting the practice and recommending affirmative relief from the effects of the practice,including quantifiable da,:,ages and reasonable attorney's fees and costs.The comi�.ission may adopt, reject,or modify a recommended order only as provided under s. 120.57(1).Judgment for the amount of damages and costs assessed pursuant to a^nal order by the commission.nay be entered in any court having jurisdiction thereof and may be enforced as any other judgment. (c)The district courts of appeal may, upon the filing of appropriate notices of appeal, review final orders of the commission pursuant to s. 1.20.68.Costs or fees may not be assessed against the commission in any appeal from a final order issued by the commission under this st:bsection. Uniess specifically ordered by the coart,the commencement of an appeal does not suspend or stay an order of the commission. (d)This subsection does not prevent any other legal or administrative action provided by law. Credits Laws 1983, c. 83-22:, § 11; Laws 1989,c. 89-321, § 8; LiNvs 1996, c. 96-4 1 1, § 303.Amended by Laws 1997, c. 97-102. 1794,eff.July 1, 1997. Notes of©e,;isions(3) Wes' F.S,A. § 760.3 5,FL ST§ 760.35 Current with chapters from the 2015 st Reg. Sess. of the 24th Legislature in effect through May 22,2015 -4 West's Florida Statutes Armotated Title XLIV.Civil Rights(Chapters 76o-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation(Refs&Annos) Part 17.Fair Housing Act West's F.S.A. §760.36 760.36.Conciliation agreements Currentness Any conciliation agreement arising out of conciliation efforts by the Florida Commission on Human Relations pursuant to the Fair Housing Act must be agreed to by the respondent and the complainant and is subject to the approval of the commission. Notwithstanding the provisions of s. 760.11(11)and (12), each conciliation agreement arising out of a complaint filed under the Fair Housing Act shall be made public unless the complainant and the respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of the Florida Pair Housing Act. Credits Laws 1990,c.90-275, § 19;Laws 1992,c. 92-177, § 9; laws 1994,c. 94-91, § 3;Laws 1996,c.96-406,§419. West's F. S.A. § 760.36,FL ST§ 760.36 Current with chapters from the 2015 1st Reg. Sess. of the 241h Legislature in effect through May 22,2015 West's Florida Statutes Annotated I Title XLIV. Civil Rights(Chapters 760-766) Chapter 76o.Discrimination in the Treatment of Persons;Minoriiy Representation(Refs i�Annos) Paft II.Fair Housing Act West's F.S.A.§760.37 760.37•Interference,coercion,or intimidation;eiiforcement by administrative or civil action Currentness It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of,or on account of her or his having exercised, or on account of her or his having aided or encouraged any other person in the exercise of any right granted under ss. 760.20-760,37.This section may be enforced by appropriate administrative or civi action. Credits Laws 1983,c. 83-221, § 12;Laws 1989,v. 89-321, §9.Amended by Laws 1997,c.97-102, § 1142,eff.July 1, 1997 West's F.S.A. § 760.37,FL ST§ 760.37 Current with chapters from the 2015 1st Reg. Sess. of the 24th Legislature in effect through May 22,2015