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07-07-15 Regular Meeting AgendaCity of Delray Beach Regular Commission Meeting Tuesday, 7, 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 ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: A. NONE 4. PRESENTATIONS: A. Recognizing and commending Nathan Price for his 100th birthday. 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. 39-15/INTERLOCAL AGREEMENT WITH MULTIPLE AGENCIES: Motion to Approve Resolution No. 39-15 and the Interlocal Agreement between the Florida Department of Transportation, Palm Beach County, and Palm Beach County Municipalities for the expansion of the membership of the Palm Beach Metropolitan Planning Organization (MPO) to include a voting representative for the Village of Palm Springs, and permanent seats for the City of Greenacres and the Village of Royal Palm Beach. B. RESOLUTION NO. 04-15/13EACH RENOURISHMENT PROJECT: Motion to Approve Resolution No. 04-15 providing support for the City Of Delray Beach Renourishment Project; providing for the ongoing funding commitment and providing for the Local Match. C. CHANGE ORDER NO. 1/JOHNSON-DAVIS, INC./ DOVER LOWSON CULVERT REHABILITATION: Motion to Approve Change Order No. 1 in the amount of $14,757.00 and a 60 -day contract extension to Johnson -Davis, Inc. for additional work due to unforeseen site conditions for the Dover/Lowson Culvert Replacement Project No. 14-100, Bid No. 2015-23. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), "Beyond the Scope of Work", and Section 36.06(A)(3), "Extension of Completion Dates". Funding is available from 448- 5461-538-69.30 (Storm Water Utility Fund: Flood Control/Other Improvements/Dover Lowson Culvert Replacement). D. SERVICE AUTHORIZATION NO. 12-06/CALVIN GIORDANO AND ASSOCIATES, INC./SIDEWALKS ON S.E. 4TH STREET: Motion to Approve Service Authorization No. 12-06 to Calvin Giordano and Associates, Inc. in the amount of $11,088.44 for professional services related to design of the S.E. 41h- Street sidewalks, RFO No. 2012-06. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 334-3162-541-63.11 (General Construction Fund: Road and Street Facilities/Improvements Other than Buildings/Bike Path/Sidewalks). E. APPROVAL OF THE EXECUTION OF THE SATISFACTION OF MORTGAGE AND RELEASE/CRC RECOVERY FOUNDATION, INC.: Motion to Approve the execution of the Satisfaction of Mortgage and Release document acknowledging full payment and releasing in full the lien and effect of said note and mortgage executed by CRC Recovery Foundation on the property located at 1700 Lake Ida Road. F. PROCLAMATIONS: 1. None G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Motion to Accept the actions and decisions made by the Land Development Boards for the period June 8, 2015 through June 19, 2015. H. AWARD OF BIDS AND CONTRACTS: 1. None REGULAR AGENDA: A. REPORT ON ATLANTIC CROSSING: Presentation by Simmons & White of its review of the two proposed site plan access alternatives for the Atlantic Crossing project. B. RESOLUTION NO. 30-15: FY 2014/2015 BUDGET AMENDMENT: Motion to Approve by majority vote, Resolution No. 30-15 amending the Fiscal Year 2014-15 budget. C. RESOLUTION NO. 36-15/BEST INTEREST RESOLUTION - CLASSIC AUTO COLLISION CORPORATION: Motion to Approve Resolution No. 36-15 approving acquisitions with Classic Auto Collision Corporation in an amount not to exceed $30,000.00 for FY 2015 for accident/collision repairs to City vehicles; declaring by a four-fifths affirmative vote that the acquisitions from Classic Auto Collision Corporation of Delray Beach is in the Best Interest of the City; until such time that an RFQ is issued by the Purchasing Department for services related to collision repairs to City vehicles. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year", and Section 36.02(C)(11), "Best Interest Acquisitions". Funding is available from 501-3311-591-52.52 (Garage Fund: Intra - governmental Services/Operating Supplies/City Garage - Outside Services). D. SERVICE AUTHORIZATION NO. 12-07/CALVIN GIORDANO AND ASSOCIATES, INC./S.E. 4TH AVENUE BEAUTIFICATION: Motion to Approve Service Authorization No. 12-07 with Calvin, Giordano and Associates, Inc. in the amount of $129,968.16 for professional design services for the S.E. 4th Avenue Beautification (Project No. 15-011). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from 334-3162-541-69.25 (General Construction Fund: Transportation/Road and Street Facilities/Other Improvements/S.E. 41H-- Avenue Beautification) and 448-5461-538-69.25 (Storm Water Utility Fund: Physical Environment/Flood Control/Other Improvement/ S.E. 4TH Avenue Beautification). E. RESCIND BID AWARD. BID NO. 2015-17/REPUBLIC CONSTRUCTION/REBID THE NORTH AND SOUTH OCEAN BOULEVARD BEACH GAZEBOS: Motion to Approve rescinding the April 6, 2015 bid award to Republic Construction, Bid No. 2015-17, and rejecting all bids received for the North and South Ocean Boulevard Beach Gazebos replacement project, and authorize staff to re -advertise the scope of work. BID AWARD/F2 INDUSTRIES, LLCJCHEMICALS FOR WATER TREATMENT PLANT: Motion to Approve a bid award, Bid No. 2015-41, to F2 Industries, LLC. at an annual cost not to exceed $95,000.00 for the purchase and delivery of Poly Phosphate for use in the water treatment process. The contract term is for two (2) ,years, with an option to renew for two (2) one (1)year periods, subject to annual budget appropriations. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from 441-5211-536-52.21 (Water and Sewer Fund: Physical Environment/Water/Sewer Services/Operating Supplies/Chemicals). G. BID AWARDB & B UNDERGROUND CONTRACTOR, INCJALLEN AVENUE DRAINAGE IMPROVEMENTS PROJECT: Motion to Approve a bid award, Bid No. 2015-46, to B & B Underground Contractor, Inc. in the amount of $81,278.00 for construction of the Allen Avenue Drainage Improvements Project (Project No. 2009- 0015). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02 (A)(1), "Competitive Bids". Funding is available from 448-5461- 538-68.55 (Storm Water Utility Fund: Physical Environment/ Flood Control/Other Improvements/Allen Drive Drainage). H. BID AWARD/ CLUB CAR, INC./ LEASE AGREEMENT FOR USED GOLF CARTS: Motion to ADUrove a bid award. Bid No. 2015-43. to Club Car. Inc. in the amount of $236,100.00 to lease 60 used ljolf carts for a 60 -month term for use at the Lakeview Golf Course; consider approval to trade-in 60 used golf carts for $96,000.00 for a net cost to the City of $140,100.00 and approve the vendor financing a lease agreement for $2,535.60 per month for a 60 -month term. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids", and Section 36.08(A), "Trade-in". Funding is available from 446- 7111-582-71.30 (Lakeview Golf Course Fund: Debt Service/Principal/Capital Lease - Principal). I. PURCHASE AWARD/WATER TREATMENT & CONTROLS COMPANY/LIME SLAKER UNIT FOR THE WATER TREATMENT PLANT: Motion to Approve the purchase of a replacement Lime Slaking Unit for the Water Treatment Plant from Water Treatment & Controls Company, a "Sole Source" provider, in the amount of $184,727.00. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source", and Section 36.02(C)(6)(b), "City Standard". Funding is available from 442-5178-536-64.90 (Water and Sewer Renewal and Replacement Fund: Physical Environment/Water/Sewer Services/Machinery/Equipment/Other Machinery/Equipment). J. BID AWARD /MULTIPLE VENDORS/COOPERATIVE BID: Motion to Approve a one-year extension through July 2, 2016 for Bid 051-2210-14, City of Boynton Beach is lead agency for JMA to Bound Tree Medical, LLC., Henry Schein, Inc. and Nashville Medical & EMS Products, Inc. in an amount not to exceed $200,000.00 for medical and medication supplies. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(8), "Cooperative Acquisitions". Funding is available from various sources. K. AMENDMENT NO. 1 TO TRIPARTY INTERLOCAL AGREEMENT FOR THE RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE TO THE OLD LIBRARY SITE AND CHAMBER OF COMMERCE RELOCATION: Motion to approve Amendment No. 1 to the Triparty Interlocal Agreement between the City, the Community Redevelopment Agency (CRA) and the Greater Delray Beach Chamber of Commerce for the Release of Right of Reverter Encumbering Real Property relative to the Old Library Site and Chamber of Commerce relocation. L. NOMINATION FOR APPOINTMENT OF CHAIRPERSON AND VICE - CHAIRPERSON FOR THE COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD: Consider appointment of a Chairperson and Vice -Chairperson for the Community Redevelopment Agency (CRA) Board. M. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Nomination for appointment of one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2018. Based on the rotation system, the nomination for appointment will be made by Commissioner Katz (Seat #3). N. NOMINATIONS FOR APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Nominations for appointment of four (4) regular members to serve on the Kids and Cops Committee for two-year terms ending July 31, 2017. Based on the rotation system, the nominations for appointment will be made by Deputy Vice -Mayor Jacquet (Seat #2), Commissioner Katz (Seat #3), Commissioner Jarjura (Seat #4) and Mayor Glickstein (Seat #5). O. NOMINATIONS FOR APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Nominations for appointment of three (3) regular members to serve on the Nuisance Abatement Board for two (2) year terms ending July 31, 2017. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Vice -Mayor Petrolia (Seat #1) and Deputy Vice -Mayor Jacquet (Seat # 2). NOMINATIONS FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Nominations for appointment of four (4) regular members to serve on the Green Implementation Advancement Board for three (3) year terms ending July 31, 2018. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Vice -Mayor Petrolia (Seat #1), Deputy Vice -Mayor Jacquet (Seat #2) and Commissioner Katz (Seat #3). Q. NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Nominations for appointment of three (3) regular members to serve on the Public Art Advisory Board for three (3) year terms ending July 31, 2018. Based on the rotation system, the nominations for appointment will be made by Vice -Mayor Petrolia (,Seat #I), Deputy Vice -Mayor Jacquet (,Seat #2) and Commissioner Katz Seat #3). PUBLIC HEARINGS: A. ORDINANCE NO. 10-15 (SECOND READING): Motion to Approve Ordinance No. 10-15, amending Chapter 33, "Police and Fire Rescue Departments", Section 33.60, "Definitions"; Section 33.62, "Benefit Amount and Eligibility", and Section 33.689, "Retirement Benefit Enhancement"; to conform the Code to the terms of the new Collective Bargaining Agreement. B. ORDINANCE NO. 12-15 (SECOND READING): Motion to Auurove 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". C. ORDINANCE NO. 13-15 (SECOND READING): Motion to Approve Ordinance No. 13-15, amending the Land Development Regulations (LDR) 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. D. ORDINANCE NO. 14-15 (SECOND READING): Motion to ADUrove Ordinance No. 14-15, amending the Land Development Regulations (LDR) 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. E. ORDINANCE NO. 15-15 (SECOND READING): Motion to Approve Ordinance No. 15-15, amending the Land Development Regulations (LDR) 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. F. ORDINANCE NO. 17-15: CIVIL RIGHTS (SECOND READING): 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 City. 10. FIRST READINGS: A. NONE 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. Cily Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: June 23, 2015 SUBJECT: AGENDA ITEM 4.A. - REGULAR COMMISSION MEETING OF JULY 7, 2015 NATHAN PRICE 100TH BIRTHDAY PROCLAMATION WHEREAS, Mr. Nathan Price was born on May 1, 1915 in Worcester, Massachusetts; and WHEREAS, Mr. Price was married to his wife Anna for 65 years; and WHEREAS, Mr. Price and his wife Anna relocated to South Florida in 1995 after having spent many of his winters in the area for almost 40 years; and WHEREAS, Mr. Price joined the Delray Beach Police Department Volunteer Program at 88 years of age and is currently a Sergeant with our Citizens Roving Patrol; and; WHEREAS, Mr. Price also volunteers with the Palm Beach/Treasure Coast 211 Crisis Line on Saturdays, providing critical information to those in need during a difficult time; and WHEREAS, Mr. Price was awarded the Delray Beach Police Department Volunteer of the Year award in 2007, 2008 and 2009 and is the current 211 Volunteer of the Year for 2015. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby wish: NATHAN PRICE a very HAPPY 100TH BIRTHDAY and further recognize and congratulate him on his achievements and wish him the best of health and happiness. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach to be affixed this 7thth day of July, 2015. CARY D. GLICKSTEIN MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: June 23, 2015 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF JULY 7, 2015 CITY MANAGER MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: June 23, 2015 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF JULY 7, 2015 CITY ATTORNEY MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: June 23, 2015 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF JULY 7, 2015 CITY COMMISSION MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: June 24, 2015 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF JULY 7, 2015 RESOLUTION NO. 39-15/INTERLOCAL AGREEMENT WITH MULTIPLE AGENCIES BACKGROUND The Palm Beach County Metropolitan Planning Organization (MPO) has requested that the City of Delray Beach execute the attached interlocal agreement to increase its membership to 21 members. This is an increase of two members to include the Village of Palm Springs as a new member and establish permanent seats for the City of Greenacres and the Village of Royal Palm Beach, which currently rotate a seat on an annual basis. The interlocal agreement implements this membership change. RECOMMENDATION Move approval of the resolution executing the interlocal agreement for the Palm Beach County Metropolitan Planning Organization (MPO). PALM 113CFICH MP13 June 16, 2015 PALM BEACH METROPOLITAN PLANNING ORGANIZATION 2300 North Jog Road, 4th Floor, West Palm Beach, Florida 33411-2749 Phone: (561) 684-4170 Fax: (561) 242-7165 www.PaImBeachMPO.org The Honorable Mayor Cary Glickstein City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Subject: Request to Execute the Interlocal Agreement for the Palm Beach Metropolitan Planning Organization (MPO) Dear Mayor Glickstein: The Palm Beach MPO Board is currently comprised of nineteen (19) elected officials in Palm Beach County and was most recently established through Interlocal Agreement signed in October 2004 by all jurisdictions that are represented on the MPO Board. In 2014, the Florida Legislature amended § 339.175(3), F.S. to increase the maximum number of apportioned members from nineteen (19) to twenty-five (25). At the July 17, 2014 MPO Board Meeting, the Palm Beach MPO approved the addition of two (2) members for a total of twenty-one (21) members. The membership changes include the addition of the Village of Palm Springs as a new member and permanent seats for the City of Greenacres and the Village of Royal Palm Beach (they currently rotate a seat on an annual basis). The enclosed Interlocal Agreement implements this membership change and was drafted by the Florida Department of Transportation to meet Federal and State requirements. Also enclosed is a sample resolution authorizing execution of the Agreement. We are asking you to schedule the execution of this Interlocal Agreement at your earliest convenience and return an executed copy to the MPO at the above address. After the Agreement is fully executed by all parties, copies will be distributed. Our target date for full execution of the Agreement is September 30, 2015. If you have any questions, please contact Elizabeth Requeny at (561) 684-4170 or erequeny@palmbeachmpo.org. Sincerely, ;2'� Nick Uhren, P.E. Executive Director Enclosures: Interlocal Agreement Sample Resolution S:IADMIN\Board & CommitteeswlPO Board\Administrative Docsllnterlocal Agreement0rafts\LTR (MAYORS) P8MPO Interlocal Agreement.merge.doc RESOLUTION NO. 39-15 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT FOR THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION TO INCLUDE A VOTING REPRESENTATIVE FOR THE VILLAGE OF PALM SPRINGS AND PERMANENT SEATS FOR THE CITY OF GREENACRES AND THE VILLAGE OF ROYAL PALM BEACH WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) is the agency that prioritizes transportation funding for all of Palm Beach County; and WHEREAS, The City of Delray Beach, is a voting member of the Palm Beach Metropolitan Planning Organization (MPO) established through an Interlocal Agreement; and WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) has approved the expansion of its membership to provide a voting representative for the Village of Palm Springs and permanent seats for the City of Greenacres and the Village of Royal Palm Beach; and WHEREAS, all parties to the Interlocal Agreement and the Governor must approve the addition of voting members to the Palm Beach Metropolitan Planning Organization. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1. The City of Delray Beach supports the expansion of the membership of the Palm Beach Metropolitan Planning Organization to include a voting representative for the Village of Palm Springs and permanent seats for the City of Greenacres and the Village of Royal Palm Beach. Section 2. The City of Delray Beach authorizes the Mayor to sign the Interlocal Agreement. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED in regular session on this 7t" day of July, 2015. RES. NO. 39-15 ATTEST: MAYOR City Clerk Approved as to Form and Legal Sufficiency City Attorney RES. NO. 39-15 FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 1 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT for the formation of a Metropolitan Planning Organization is made and entered into on this day of , by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF Palm Beach; the MUNICIPALITIES OF Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, Wellington and West Palm Beach; and the Port of Palm Beach; collectively known as "the parties;" replaces the existing interlocal agreement for the creation of the Palm Beach Metropolitan Planning Organization made and entered into on October 13, 2004 and re-establishes and continues the Palm Beach Metropolitan Planning Organization. RECITALS WHEREAS, the federal government, under the authority of Title 23 United States Code (USC) §134 and Title 49 USC §5303, requires each metropolitan area, as a condition for the receipt of federal capital or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the metropolitan area; WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit systems, bicycle and pedestrian facilities, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; WHEREAS, Title 23 USC §134 and Title 49 USC §§5303-5305 and Section 339.175, Florida Statutes (F.S.), provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for urbanized areas; WHEREAS, pursuant to Titles 23 USC §134(d), 49 USC §5303, 23 CFR §450.310(b), and Section 339.175(2), F.S., a determination has been made by the Governor and units of general purpose local government representing at least 75 percent of the affected population (including the largest incorporated city, based on population as named by the Bureau of Census) in the Palm Beach County urbanized area to designate a Metropolitan Planning Organization; WHEREAS, pursuant to this Interlocal Agreement, the parties wish to collectively participate in the metropolitan planning process as the Palm Beach MPO for the Palm Beach County urbanized area, herein after referred to as "the Metropolitan Planning Organization" or "the MPO". Further, the parties approved by majority vote an apportionment and boundary plan for presentation to the Governor on the 17th day of July, 2014; WHEREAS, pursuant to Section 339.175(4), F.S., the Governor approved the apportionment and boundary plan submitted by the MPO; WHEREAS, pursuant to Title 23 CFR §450.314(a), and Section 339.175(10), F.S., an agreement must be entered into by the Department, the MPO, and the governmental entities and public transportation operators to identify the responsibility of each party for cooperatively carrying out a comprehensive transportation planning process; FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 2 of 12 WHEREAS, this Interlocal Agreement replaces the interlocal agreement that created the existing Palm Beach Metropolitan Planning Organization, and re-establishes and continues the Palm Beach MPO as provided herein, without lapse or interruption in its existence or effect; WHEREAS, this Interlocal Agreement is required to delineate the provisions for the continued operation of the Palm Beach MPO; WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with Section 339.175(10), F.S.; WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with statutory requirements set forth in Section 163.01, F.S., relating to Interlocal Agreements; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Interlocal Agreement. Section 1.02. Definitions. The following words when used in this Interlocal Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: Interlocal Agreement means and refers to this instrument, as it may be amended from time to time. Department means and refers to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, F.S. FHWA means and refers to the Federal Highway Administration. FTA means and refers to the Federal Transit Administration. Long Range Transportation Plan (LRTP) is the 20 -year transportation plan which includes transportation facilities; identifies a financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities; indicates proposed transportation activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by Title 23 USC §134(c), Title 49 USC §5303, Title 23 CFR §450.322, and Section 339.175(7), F.S. Metropolitan Planning Area means and refers to the planning area determined by agreement between the MPO and the Governor for the urbanized area containing at least a population of 50,000 as described in Title 23 USC §134(b)(1), Title 49 USC §5303, and Section 339.175(2)(c) and (d), F.S., and including the existing urbanized area and the contiguous area expected to become urbanized within a 20 -year forecast period, which shall be subject to the Metropolitan Planning Organization's planning authority. FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 3 of 12 MPO means and refers to the Metropolitan Planning Organization formed pursuant to this Interlocal Agreement as described in 23 USC §134(b)(2), 49 USC §5303, and Section 339.175(l), F.S. Transportation Improvement Program (TIP) is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long Range Transportation Plan, developed pursuant to 23 USC §1340), 49 USC §5303, 23 CFR §450.324 and Section 339.175(8), F.S. Unified Planning Work Program (UPWP) is the biennial program developed in cooperation with the Department and public transportation providers, that identifies the planning priorities and activities to be carried out within a metropolitan planning area to be undertaken during a 2 -year period, together with a complete description thereof and an estimated budget, all as required by 23 CFR §450.308, and Section 339.175(9), F.S. ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Interlocal Agreement is to replace the existing MPO Interlocal Agreement entered into on October 13, 2004 and re-establish and continue the Palm Beach MPO without interruption or lapse, and to recognize the boundary and apportionment approved by the Governor. This Interlocal Agreement shall serve: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through this metropolitan planning area and minimize, to the maximum extent feasible for transportation -related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as a multi -modal and intermodal transportation system for the metropolitan planning area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan planning area in cooperation with the Department; (d) To assure eligibility for the receipt of federal capital and operating assistance pursuant to Title 23 USC §134 and Title 49 USC §§5303, 5304, 5305, 5307, 5309, 5310, 5311, 5314, 5326, 5337and 5339, 5340; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by federal, state and local laws. Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the governmental entities which are parties to this Interlocal Agreement in the development of transportation -related plans and programs, including but not limited to: (a) The LRTP; (b) The TIP; FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 4 of 12 (c) The UPWP; (d) Incorporating performance goals, measures, and targets into the process of identifying and selecting needed transportation improvements and projects; (e) Administering a congestion management process for the metropolitan area and coordinated development of all other transportation management systems required by state or federal law; (f) Assisting the Department in mapping transportation planning boundaries required by state or federal law; (g) Supporting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (h) Performing such other tasks required by state or federal law. Section 2.03. Coordination with the Department and Consistency with Comprehensive Plans. Chapter 334, F.S., grants broad authority for the Department's role in transportation. Section 334.044, F.S., includes the legislative intent declaring that the Department shall be responsible for coordinating the planning of a safe, viable, and balanced state transportation system serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section 339.175(5), F.S., specifies the authority and responsibility of the MPO and the Department to manage a continuing, cooperative, and comprehensive transportation planning process for the metropolitan area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339, F.S., the parties to this Interlocal Agreement acknowledge that decisions made by the MPO will be coordinated with the Department. All parties to this Interlocal Agreement acknowledge that actions taken pursuant to this Interlocal Agreement will be consistent with local government comprehensive plans to the maximum extent feasible. ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Establishment of MPO. The MPO for the metropolitan planning area as described in the membership apportionment plan approved by the Governor is hereby re-established and continued pursuant to this Interlocal Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this Metropolitan Planning Organization shall be the Palm Beach MPO. Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Interlocal Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and requirements. Section 3.03. Governing board to act as policy-making body of MPO. The governing board established pursuant to Section 4.01 of this Interlocal Agreement shall act as the policy-making body for the MPO, and will be responsible for coordinating the cooperative decision-making process of the MPO's actions, and will take required actions as the MPO. FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 5 of 12 Section 3.04. Data, reports, records, and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, F.S., the parties shall provide to each other such data, reports, records, contracts, and other documents in its possession relating to the MPO as is requested. Charges are to be in accordance with Chapter 119, F.S. Section 3.05. Rights of review. All parties to this Interlocal Agreement and the affected federal funding agencies (e.g., FHWA, FTA, and FAA) shall have the rights of technical review and comment on MPO's projects. ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Composition and membership of governing board. (a) The membership of the MPO shall consist of 21 voting members and 1 non-voting advisor. FDOT shall serve as a non-voting advisor to the Palm Beach MPO governing board. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Jurisdiction Members Palm Beach County 5 City of Belle Glade 1 City of Boca Raton 2 City of Boynton Beach 1 City of Delray Beach 1 City of Greenacres 1 Town of Jupiter 1 City of Lake Worth 1 City of Palm Beach Gardens 1 Village of Palm Springs 1 City Riviera Beach 1 Village of Royal Palm Beach 1 Village of Wellington 1 City of West Palm Beach 2 Port of Palm Beach 1 Florida Department of Transportation 1 (Non-voting Advisor) (b) All voting representatives shall be elected officials of general purpose local governments, except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) The voting membership of an MPO shall consist of not fewer than 5 or more than 25 apportioned members, the exact number to be determined on an equitable geographic -population ratio basis by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations and shall be in compliance with 339.175(3) F.S. FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 6 of 12 (d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned appointment to the MPO within sixty days after notification by the Governor of its duty to appoint a representative, the appointment shall then be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the MPO shall be four years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation planning process as specified in Section 339.175(5) and (6), F.S. Section 5.02. Specific authority and powers. The MPO shall have the following powers and authority: (a) As provided in Section 339.175(6)(g), F.S., the MPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources of local and/or state agencies; (b) As provided in Section 163.01(14), F.S., the MPO may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(5)0), F.S., the MPO may acquire, own, operate, maintain, sell, or lease real and personal property; (d) As provided in Section 163.01(5)(m), F.S., the MPO may accept funds, grants, assistance, gifts or bequests from local, state, and federal resources; (e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and regulations; and (f) The MPO shall have all such powers and authority as specifically provided in Section 163.01 and Section 339.175(2)(b), (5) and (6), F.S., and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. In addition to those duties and responsibilities set forth in Article 2, the MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(6)(d), F.S., the MPO shall create and appoint a technical advisory committee; FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 7 of 12 (b) As provided in Section 339.175(6)(e), F.S., the MPO shall create and appoint a citizens' advisory committee; (c) As provided in Section 163.01(5)(o), F.S., the MPO shall be liable for any liabilities incurred by the MPO, and the MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, the approval of settlements of claims by its governing board, or in any other manner agreed upon by the MPO. Nothing contained herein shall constitute a waiver by any party of its sovereign immunity or the provisions of section 768.28, F.S.; (d) As provided in Section 339.175(9), F.S., the MPO shall establish an estimated budget which shall operate on a fiscal year basis consistent with any requirements of the UPWP; (e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by Title 23 CFR Parts 420 and 450, and Title 49 CFR Part 613, Subpart A, and consistent with Chapter 339, F.S., and other applicable state and local laws; (f) As provided in Section 339.175(10)(a), F.S., the MPO shall enter into agreements with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planning process will be coordinated and included in the comprehensively planned development of the area; (g) Perform such other tasks presently or hereafter required by state or federal law; (h) Execute certifications and agreements necessary to comply with state or federal law; and (i) Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Fes. The Department shall allocate to the MPO for performance of its transportation planning and programming duties, an appropriate amount of federal transportation planning funds consistent with the approved planning funds formula. Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Interlocal Agreement. This shall be done in accordance with the requirements of Title 23 CFR Part 420, Subpart A, Title 49 CFR Part 18, Subpart C, and all other applicable state and federal regulations. Section 6.03. Record-keeping and document retention. The Department and the MPO shall prepare and retain all records in accordance with federal and state requirements, including but not limited to 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR §18.42, and Chapter 119, F.S. Section 6.04 Compliance with laws. All parties shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Specifically, if a party is acting on behalf of a public agency the party shall: FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 8 of 12 (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the party. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the party upon termination of this Agreement 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 Department in a format that is compatible with the information technology systems of the Department. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Interlocal Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Interlocal Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Interlocal Agreement or any legal or administrative entity created or authorized by this Interlocal Agreement, in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Interlocal Agreement. Amendments or modifications of this Interlocal Agreement may only be made with the same formalities as this Interlocal Agreement, by written agreement approved by a majority of the membership of the governing board and signed by two-thirds (2/3) of the member local governmental entities (10 of 15) and must include Palm Beach County and the largest incorporated city based on the population as named by the Bureau of Census. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by the Governor. Section 7.03. Duration, withdrawal procedure. (a) Duration. This Interlocal Agreement shall remain in effect until terminated. The agreement may be terminated by a majority of the parties, including Palm Beach County and the largest incorporated city based on the population as named by the Bureau of Census, to this Interlocal Agreement. The Interlocal Agreement shall be reviewed by the parties at least every five years, concurrent with the decennial census, and/or concurrent with a new Federal Reauthorization bill, and updated as necessary. (b) Withdrawal procedure. Any party, except Palm Beach County and the City of West Palm Beach, the United States Bureau of the Census designated largest incorporated city, may withdraw from this Interlocal Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Interlocal Agreement and the MPO, at least 90 days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal: (1) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal of the member and alteration of the list of member governments that are signatories FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 9 of 12 to this Interlocal Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of Palm Beach County; and (2) The MPO shall contact The Office of the Governor and the Governor, with the agreement of a majority of the remaining members of the MPO, shall determine whether any reapportionment of the membership is appropriate. The Governor and the MPO shall review the previous MPO designation, applicable federal, state and local law, and MPO rules for appropriate revision. In the event that another entity is to be afforded membership in the place of the member withdrawing from the MPO, the parties acknowledge that pursuant to Title 23 CFR §450.310(1)(2), adding membership to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory to this Interlocal Agreement is afforded membership in the MPO, membership shall not become effective until this Interlocal Agreement is amended to reflect that the new member has joined the MPO. Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Interlocal Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requested. Notice required to be given shall be addressed as follows: Palm Beach County City of Belle Glade 301 N. Olive Avenue, 11th Floor 110 W. Martin Luther King Boulevard West Palm Beach, FL 33401 Belle Glade, FL 33430 City of Boca Raton City of Boynton Beach 201 W. Palmetto Park Road 100 E. Boynton Beach Boulevard Boca Raton, FL 33432 Boynton Beach, FL 33435 City of Delray Beach City of Greenacres 100 NW First Avenue 5800 Melaleuca Lane Delray Beach, FL 33444 Greenacres, FL 33463 Town of Jupiter City of Lake Worth 210 Military Trail 7 N. Dixie Highway Jupiter, FL 33458 Lake Worth, FL 33460 City of Palm Beach Gardens Village of Palm Springs 10500 N. Military Trail 226 Cypress Lane Palm Beach Gardens, FL 33418 Palm Springs, FL 33461 City Riviera Beach Village of Royal Palm Beach 600 W. Blue Heron Boulevard 1050 Royal Palm Beach Boulevard Riviera Beach, FL 33404 Royal Palm Beach, FL 33411 Village of Wellington City of West Palm Beach 12300 Forest Hill Boulevard P.O. Box 3366 Wellington, FL 33414 West Palm Beach, FL 33402 Port of Palm Beach Florida Department of Transportation- District IV 1 E. 11th Street, Suite 600 3400 W. Commercial Boulevard Riviera Beach, FL 33404 Ft. Lauderdale, FL 33309 FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 10 of 12 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. Interpretation. (a) Drafters of the Interlocal Agreement. The Department and the members of the MPO were each represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Interlocal Agreement and in choice of wording. Consequently, no provision should be more strongly construed against any party as drafter of this Interlocal Agreement. (b) Severability. Invalidation of any one of the provisions of this Interlocal Agreement or any part, clause or word, or the application thereof in specific circumstances, by judgment, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and requirements of applicable law. (c) Rules of construction. In interpreting this Interlocal Agreement, the following rules of construction shall apply unless the context indicates otherwise: (1) The singular of any word or term includes the plural; (2) The masculine gender includes the feminine gender; and (3) The word "shall" is mandatory, and "may" is permissive. Section 7.06. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Interlocal Agreement by any party hereto, each party shall bear its own costs and attorney's fees in connection with such proceeding. Section 7.07. Interlocal Agreement execution; Use of counterpart signature pies. This Interlocal Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Section 7.08. Effective date; Cost of recordation. (a) Effective date. This Interlocal Agreement shall become effective on the date first set forth above following its filing in the Office of the Clerk of the Circuit Court for Palm Beach County. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for Palm Beach County. (b) Recordation. The Palm Beach MPO hereby agrees to pay for any costs of filing of this Interlocal Agreement in the Office of the Circuit Court for Palm Beach County. The filed original, or any amendment, shall be returned to the Palm Beach MPO for filing in its records. FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 11 of 12 IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of the referenced legal entities and hereby re-establish and continue the above designated MPO. Signed, Sealed and Delivered in the presence of - BOARD OF COUNTY COMMISSIONERS CITY OF GREENACRES OF PALM BEACH COUNTY, FLORIDA BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CITY OF BELLE GLADE BY: MAYOR ATTEST: CLERK CITY OF BOCA RATON BY: MAYOR ATTEST: CLERK CITY OF BOYNTON BEACH BY: MAYOR ATTEST: CLERK CLERK TOWN OF JUPITER BY: MAYOR ATTEST: CLERK CITY OF LAKE WORTH BY: MAYOR ATTEST: CLERK CITY OF PALM BEACH GARDENS BY: MAYOR ATTEST: CLERK CITY OF DELRAY BEACH BY: MAYOR ATTEST: CLERK CITY OF RIVIERA BEACH BY: MAYOR ATTEST: CLERK VILLAGE OF ROYAL PALM BEACH BY: MAYOR ATTEST: CLERK VILLAGE OF WELLINGTON BY: MAYOR ATTEST: CLERK FORM 525-010-01 POLICY PLANNING OGC — 07/14 Page 12 of 12 VILLAGE OF PALM SPRINGS BY: MAYOR ATTEST: CLERK CITY OF WEST PALM BEACH BY: MAYOR ATTEST: CLERK PORT OF PALM BEACH BY: CHAIR ATTEST: EXECUTIVE DIRECTOR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY ATTEST: EXECUTIVE SECRETARY MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 18, 2015 SUBJECT: AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF JULY 7, 2015 RESOLUTION NO. 04-15/ BEACH RENOURISHMENT PROJECT BACKGROUND This Resolution affirms the City's support of the funding commitment for the local share of the Delray Beach Renourishment project. This local share is provided by Palm Beach County pursuant to an interlocal agreement dated July 10, 2013, expiring on June 1, 2023. The Florida Department of Environmental Protection (FDEP) is undergoing its annual update of the Florida Beach Management Program Long -Range Budget Plan and developing a prioritized list of State Beach Erosion Control Projects. The culmination of this process is the preparation and submittal of the Department's Fixed Capital Outlay, containing Local Government Funding requests to establish State funding priorities for FY 2016-17. FDEP requires a resolution of support and acknowledgment of funding commitment for the local share. Attachments include: 1) City of Delray Beach Resolution No. 04-15 2) Interlocal Agreement with Palm Beach County; July 10, 2013 FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Motion for City Commission to approve the resolution of support for the Delray Beach Renourishment Project. TIMING OF THE REQUEST This is a time sensitive item. FUNDING SOURCE N/A RECOMMENDATION By motion, approve the resolution of support for the Delray Beach Renourishment Project. RESOLUTION NO. 04-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING ITS SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT; PROVIDING FOR ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, America's beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the nation; and WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and WHEREAS, the nation's beaches are the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for federal, state and local governments; and WHEREAS, the City Commission of the City of Delray Beach continues to support the City of Delray Beach's renourishment project regarding its beaches; and WHEREAS, the City of Delray Beach has the ability to provide the necessary local match through an Interlocal Agreement with Palm Beach County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of MAYOR ATTEST: City Clerk U U INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT is made and entered into on the day of� o 2013 by and between PALM BEACH COUNTY, a political subdivision of the State Florida, (the "COUNTY"), and the CITY OF DELRAY BEACH, a municipal corporation in the State of Florida, (the "CITY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes, hereinafter referred to collectively as the "parties". WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners is empowered to establish administer programs of beach erosion control and to enter into agreements with other governmental agencies within or outside the boundaries of the COUNTY for joint performance, or performance of one unit on behalf of the other, of any of either governmental entity's authorized functions; and WHEREAS, pursuant to Chapter 166, Florida Statutes, the CITY is empowered to exercise any governmental, corporate, and proprietary power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the CITY and COUNTY intend to make the most efficient use of their powers by cooperating with each other in the maintenance and repair of the Delray Beach Segment of the Palm Beach County, Florida Shore Protection Project (PROJECT) which includes the area described in attached Exhibit "A", within the municipal limits of the City of Delray Beach, Florida; and WHEREAS, the Department of the Army (Federal Government) and Palm Beach County, acting as the Non -Federal Sponsor, entered into an agreement dated January 23, 1973 pursuant to Section 102 of the Rivers and Harbors Act of 1962, Public Law 87-874, providing for Federal participation in the costs incurred for construction of the PROJECT; and WHEREAS, the CITY and COUNTY entered into an Intergovernmental Agreement on February 27, 1973, as amended by Addendum Agreement dated August lb, 1977, and supplemented by agreements dated November 8, 1983 and October 13, 1992, and October 4, 1994 which provide for joint funding of the PROJECT; and WHEREAS, in 1973 the CITY completed the first beach restoration PROJECT for the City of Delray Beach municipal beach. Thereafter, the CITY performed maintenance nourishments in 1978, 1984, 1992, 2002, and 2013; and WHEREAS, the Federal Government and COUNTY entered into an agreement dated September 23, 1992 pursuant to Section 102 of the Rivers and Harbors Act of 1962, Public Law 87-874 that includes the extension of Federal participation in the PROJECT for a period of 50 years beginning from the date of initiation of construction; and WHEREAS, the CITY and the COUNTY previously entered into an Interlocal Agreement on October 4, 1994 (R94 -1357D) to provide a mechanism for construction, monitoring and funding the PROJECT, and this Agreement replaces said Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1. Purpose of the Agreement. The purpose of this Agreement is to provide a mechanism for construction, monitoring and funding of the PROJECT and to set forth the terms, conditions and obligations of each of the respective parties hereto. The parties agree that this Agreement is contingent on the COUNTY entering into the Project Partnership Agreement (PPA) attached hereto as Exhibit "B", which provides that the Federal Government will construct all iterations of the PROJECT during the term of the PPA and will cost -share with the COUNTY for the PROJECT expenses. 2. The PROJECT. The PROJECT consists of the restoration of the City of Delray Beach municipal beach, which is more particularly described in Exhibit "A". 3. Term. This Agreement shall commence upon execution by both parties and shall expire on June 1, 2023 unless otherwise terminated as provided herein. 4. COUNTY Obligations. A. The COUNTY shall enter into the PPA attached hereto as Exhibit "B", which provides for Federal construction of the Delray Beach Segment of the PROJECT for the remaining authorized period of periodic nourishment as described in the PPA. B. The COUNTY shall enter into the Cooperation Agreement (CA)attached hereto as Exhibit "C" with the Federal Government to provide for PROJECT rehabilitation in accordance with 33 U.S.C. 701n. C. The COUNTY shall serve as the non-federal sponsor under the PPA and public sponsor under the CA and assume the responsibility for local cooperation in the PROJECT. D. The COUNTY shall appropriate funds and be responsible for the non -Federal costs as detailed in the PPA and CA. E. The COUNTY shall reimburse the CITY for any expenses incurred by the CITY that are eligible for cost share under the terms of the PPA or CA. 5. CITY Obligations. A. The CITY shall establish and maintain a dedicated funding source to fulfill its obligations under this Agreement, B. The CITY shall cooperate with the COUNTY and shall take whatever steps are necessary to ensure that the COUNTY is able to timely and satisfactorily comply with all terms and conditions of the PPA and CA. C. The CITY shall obtain all state and federal permits necessary for the PROJECT unless notified in writing by the Director of Palm Beach County Department of Environmental Resources Management that the Federal Government will handle permitting for an iteration of the PROJECT and shall fully comply with any permits obtained by the CITY, including but not limited to completing all monitoring, surveys and reporting. 6. Joint Responsibilities. The CITY and the COUNTY shall endeavor to be joint applicants for State funding for the PROJECT. The COUNTY will support CITY's funding requests in the same manner as if the request came from the COUNTY, and the CITY will support the COUNTY's funding requests in the same manner as if the request came from the CITY. 7. Party Representatives. The COUNTY's representative/contract monitor during the term of this Agreement shall be the Director of the Palm Beach County Department of Environmental Resources Management, whose telephone number is (561) 233-2400. The CITY'S representative/contract monitor during the term of this Agreement shall be Mr. Paul Dorling, whose telephone number is (561) 243-7040. 8. Notices. All formal notices between the parties shall be hand -delivered or sent by certified mail, return receipt requested, to the following recipients: Chairperson Board of County Commissioners Palm Beach County 301 N. Olive Avenue West Palm Beach, FL 33401 City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 And Director Palm Beach County Department of Environmental Resources Management 2300 N. Jog Road, 4"' Floor West Palm Beach, FL 33411 With a copy to: Palm Beach County Attorney's Office ERM Attorney 301 N. Olive Ave., 6 t Floor West Palm Beach, FL 33401 With a copy to: City Attorney City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 All notices required by this Agreement shall be considered delivered upon receipt. Should any Party change its address, written notice of such new address shall promptly be sent to the other Party. 9. Funding_ Contingency. The County's performance and obligations under this Agreement and any amendment hereto are contingent upon an annual appropriation by the Board of County Commissioners. The City's performance and obligations under this Agreement and any amendment hereto are contingent upon an annual appropriation by the City Council. 10. Termination for convenience. Either party may terminate this Agreement for convenience by giving ninety (90) days prior written notice to the other party. If the CITY terminates this Agreement for convenience, the CITY shall compensate the COUNTY for all costs incurred by the COUNTY as a result of such termination. 11. Default and Opportunity to Cure. If a Party fails to fulfill its obligations under this Agreement in a timely and proper manner, the Party not in default shall have the right to terminate this Agreement and/or to bring an action for breach by giving written notice of any deficiency and its intent to terminate and/or to bring an action for breach. The Party in default shall then have thirty (30) days from receipt of notice to correct the stated deficiency. If the defaulting Party fails to correct the deficiency within such time and unless otherwise agreed by the Parties, the Party not in default may terminate this Agreement and/or bring an action for breach. 12. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the CITY shall indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY's negligence in connection with this Agreement, and the COUNTY shall indemnify, defend and hold harmless the CITY against any actions, claims or damages arising out of the COUNTY's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 13. Insurance. Each party shall maintain a fully funded program of self-insurance pursuant to Section 768.28, Florida Statutes. 14. Maintenance of Records. The parties shall maintain, in accordance with generally -accepted governmental auditing standards, all financial and nonfinancial records and reports directly or indirectly related to the negotiation or performance of this Agreement or any amendment hereto, including supporting documentation for any service rates, expenses, research or reports. The parties shall have the right to examine in accordance with generally -accepted governmental auditing standards all records directly or indirectly related to this Agreement or any amendment hereto. Such examination may be made only upon reasonable notice, time and place. In the event the parties should become involved in a legal dispute with a third party arising from performance under this Agreement or any amendment hereto, the parties shall extend the period of maintenance for all records relating to this Agreement or any amendment hereto until the final disposition of the legal dispute, and all such records shall be made readily available to the other party. 15. Enforcement Costs. Except as otherwise provided herein, any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties. This provision pertains only to the parties to the Agreement. 16. Delegation. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. 17. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 18. Equal Opportunity. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity, or gender expression be excluded from the benefits of, or be subjected to any form of discrimination under, any activity carried out by the performance of the Agreement. 19. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. Waiver of Breach. The failure to insist on strict performance of or the waiver of any covenant, condition, or provision of this Agreement by any party shall not relieve the other party from performing any other obligation strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 21. Legal actions; remedies. Any and all legal actions to enforce this Agreement and any amendment hereto shall be brought in Palm Beach County, Florida. This Agreement and any amendment hereto shall be governed by the laws of the State of Florida. 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 or now or hereafter existing at law or in equity or 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 Agreement 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 Agreement, including but not limited to any citizen or employees of the County and/or the City. 22. Independent Contractor. Each party recognizes that it is an independent contractor and not an agent or servant of the other party. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law, except through and against the entity by whom they are employed. 23. Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in drafting this document to arrive at a final agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 24. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 25. Palm Beach County Office of the Inspector General. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of any party contracting with the COUNTY and its officers, agents, employees and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in 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. 26. Entirety of Agreement. The CITY and COUNTY agree that this Agreement, together with any attached exhibits, 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 or obligations in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the County of Palm Beach, Florida has caused this Agreement to be signed by the Mayor of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the City of Delray Beach has caused this Agreement to be signed in its corporate name by its mayor and its corporate seal to be affixed hereto, attested by its City Clerk, the date and year first above written. (SEAL) APPROVED AS TO FORMT AND LEGAL SUFFICIENCY: �v x BY: Assistant County Attorney APPROVED AS TO TERMS AND CONDITIONS: Robert Robbins, Director Palm Beach County Dept. of R 2 13 u Q � ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY ,. COMMISSIONERS .. Sharon R. Bock, Clerk o oiler 3 BY: M ' ' BY: Deputy e : ,a p -� even L. Abrams, Mayor DATE: 011 ` DATE: JUL 16 2013 (SEAL) APPROVED AS TO FORMT AND LEGAL SUFFICIENCY: �v x BY: Assistant County Attorney APPROVED AS TO TERMS AND CONDITIONS: Robert Robbins, Director Palm Beach County Dept. of mm ATTEST: BY ITS COMMISSION Environmental Resources Management CITY OF DELRAY BEACH, FLORIDA, BY: BY City Clerk DATE: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY:`� City Attorney DATE: �f yor �y DATE: MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 9, 2015 SUBJECT: AGENDA ITEM 7.C. - REGULAR COMMISSION MEETING OF JULY 7, 2015 CHANGE ORDER NO.1 /JOHNSON-DAVIS, INC./DOVER LOWSON CULVERT REHABILITATION BACKGROUND Request City Commission to consider approval of Change Order No. 1, in the amount of $14,757 and a 60 day contract extension, to Johnson -Davis, Inc. (JD) for additional work resulting from the required dewatering, cleaning, and inspection of the existing culvert prior to procurement of the materials for the Dover/Lowson Culvert Replacement Project #14-100. On February 24, 2015, JD was awarded Sealed Bid #2015-23 in the amount of $167,510 for the construction of the Dover/Lowson Culvert Replacement. Change Order No. 1 details the additional scope of work resulting from the required dewatering, cleaning, and inspection of the existing culvert. A location map is attached. The recommendation for Change Order No. 1 is in compliance with Code of Ordinances, Chapter 36, Section 36.06(A)(1)(3), "Change Orders, Beyond the Scope of Work and Extension of Completion Dates". Attachments Include: 1) Contractor Change Order No. 1 Proposal 2) Location Map 3) City Change Order to Original Contract FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Request City Commission to consider approval of Change Order No. 1, in the amount of $14,757 and a 60 day contract extension, to John -Davis, Inc. for additional work due to unforeseen site conditions for the Dover/Lowson Culvert Replacement Project #14-100. TIMING OF THE REOUEST Timing of Change Order No. 1 is of high importance because the contractor cannot proceed with the project until this item is approved. FUNDING SOURCE Funding is available from the contingency line item of the contract ($10,000) and $4,757.00 from account #448-5461-538.69-30. RECOMMENDATION By motion, approve Change Order No. 1 in the amount of $14,757 and a 60 day contract extension, to Johnson -Davis, Inc. for additional work due to unforeseen site conditions for the Dover/Lowson Culvert Replacement Project #14-100. 121 i D JOHNSON-DAVIS INC. 604 HILLBRATH DRIVE LANTANA, FL 33462-1694 PHONE: 561-588-1170 FAX. 561-585-5252 CU-CO43087 June 03, 2015 Rafael C. Ballestero City of Delray Beach Environmental Services Department Re: Dover -Lowson Culvert Replacement #14-100 (additional work items) Mr. Ballestero, As discussed in our meeting held on Monday morning, the following is a short breakdown of the additional costs associated with the unforeseen conditions discovered after the canal water was pumped down and the culverts were cleaned out. Construct sand/cement headwall with cap on north side at contract cost LS $12,000.00 Remove and dispose of existing headwall and cap on north side LS $ 765.00 Jack out dent in existing 96" CMP to accept new liner pipe LS $ 920.00 Grind down existing angle iron inside both culverts to accept new liner LS $ 552.00 Furnish and install two internal bands to eliminate bell ends on 54" liner LS $ 520.00 Total $14,757.00 Sincerely, Douglas Ipolito �O�t, AMpstl �@ Main office: 604 Hillbrath Drive- Lantana, FL 33462 • Phone: 561-588-1171 • Fax: 561-585-5252 [oilR �$ Ft. Pierce Office: 863 S. Kings Hwy- Ft. Pierce, FL 34945 -Phone: 772-468-9200 • Fax: 772-468-9202 June 11, 2015 City of Delray Beach 434 South Swinton Ave. Delray Beach, Fl. 33444 Attn Subject: Mr. Ballestero, JOHNSON -DA VIS INC 604IfILLBR4TH DR[IT LANTANA, FL 33462-1694 PRONE: 561-588-1170 FAX: 561-585-5252 CU -0043087 Rafael C. Ballestero Contract Time Extension Dover/Lowson Culvert In light of the need to wait for the July 14th meeting before we can proceed with work at Dover/Lowson, we request a 60 day time extension. Thank DougWs Ipolito Johnson -Davis, Inc. .a l CAp�/� Main off m 504 Hillbrath Drive- Lantana, FL 33462 o Phone; 561-588-1171 • Fax: 561-585-5252 +r 4' Ft. Pierce Office: 863 S. Kings Hwy- Ft. Pierce, FL 34945 •Phane:772-468--9200 • Fax: 772-468-9202 "" Q m 0 E 12 0 N LsN 0 c 0 0 �I. a- I y PROPOSED CULVERT A r o w 0O 0 1 � .A o DATE:01/26/2015 $ CITY of DELRAY BEACH LO REPLACEMENT MAP RT mm�Faa��r�umeir�e d ENVIRONMENTAL SERVICES DEPARTMENT 201 M EN $HEFT 1 OF j ®� 434 SOUTH SWMON AVEWF- DBLRAY BEACH, FLOFMA 33444 CHANGE NO. 1 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT PROJECT NO. 2014-100 PROJECT TITLE: Dover -Lowson Culvert Replacement TO CONTRACTOR: Johnson -Davis Inc. DATE: 6/12/15 YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL STIPULATIONS AND COVENANTS IN THE AGREEMENT. JUSTIFICATION: Additional work required with the construction of the Dover -Lowson Culvert Replacement, as identified in the attached proposal dated 6/3/15. SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL AGREEMENT AMOUNT $167,510.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED AGREEMENT AMOUNT PRIOR TO THIS CHANGE ORDER $ 167,510.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 14,757.00 ADJUSTED AGREEMENT AMOUNT INCLUDING THIS CHANGE ORDER $ 182,267.00 PERCENT INCREASE THIS CHANGE ORDER 8.8% TOTAL PERCENT INCREASE TO DATE 8.8% TOTAL CONTRACT TIME WILL BE INCREASED BY 60 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Johnson -Davis Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from the Contracts' Undefined Underground Allowance line item ($10,000) and $4,757.00 from account #448- 5461-538.69-30. DEPARTMENT FUNDING CERTIFIED BY RECOMMEND: APPROVED: DELRAY BEACH, FLORIDA by its City Commission Environmental Services City Attorney By: ATTEST: By: Cary D. Glickstein, Mayor City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 8, 2015 SUBJECT: AGENDA ITEM 7.D. - REGULAR COMMISSION MEETING OF JULY 7, 2015 SERVICE AUTHORIZATION NO. 12-06/CALVIN GIORDANO AND ASSOCIATES, INC./ SIDEWALKS ON S.E. 4TH STREET BACKGROUND Request consideration for approval of Service Authorization No. 12-06 to Calvin, Giordano and Associates, Inc. in the amount of $11,088.44 (funded by CRA) for professional services related to the design of sidewalks on SE 4th Street (Project No. 15-002). This recommendaton is in compliance with Code of Ordinances, Section 36.02(C)(3). This project includes the design of a sidewalk on both sides of SE 4th Street from Swinton Avenue to SE 5th Avenue. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine meeting on April 24, 2015. The City utilized engineering consultants retained via RFQ No. 2012-06 for our Capital Improvement Program. Calvin, Giordano and Associates, Inc. is retained by the City via RFQ No. 2012-06 (City Project No.12-057). The original agreement was executed on January 24, 2012. Amendments have extended this agreement through January 2016. The following attachments are included: Copies of the Service Authorization Project Location Map FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider approval of Service Authorization #12-06 to Calvin, Giordano and Associates, Inc. in the amount of $11,088.44 for professional services related to design of the SE 4th Street sidewalks. FUNDING SOURCE Funding is available from account # 334-3162-541-63.11 (General Capital Improvement Plan Fund/ CRA District Sidewalks FY 15). RECOMMENDATION By motion, approve Service Authorization #12-06 to Calvin, Giordano and Associates, Inc. in the amount of $11,088.44 for professional services related to design of the SE 4th Street sidewalks. CONSULTING SERVICE AUTHORIZATION DATE: May 29, 2015 CONSULTANT: Calvin Giordano & Associates Inc. SERVICE AUTHORIZATION NO. 12-06 FOR CONSULTING SERVICES CITY P.O. NO._ EXPENSE CODE CITY PROJECT NO. 15-002 CONSULTANT PROJECT NO. 15-7627 TITLE: CRA District Sidewalks FY15 — SE 4t'' Street from Swinton Avenue to SE 5th Avenue 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, 2015. I. PROJECT DESCRIPTION The project is located in Delray Beach, Florida along Southeast 4"' Street from Swinton Avenue to Southeast 5th Avenue, as shown on the attached Exhibits 1 and 2. The Scope of Services will be to prepare full construction documents, beginning with 30% design to the final design documents, statement of probable cost and project specifications. The project includes design of new sidewalks on both sides of SE 4t'' Street. Any existing sidewalks located within those limits will remain and the new sidewalks will be tied to them horizontally and vertically. The proposed sidewalk shall be concrete in accordance with City of Delray Beach Standards. There will be a proposed break in the sidewalks along SE 4t'' Street at the FEC Railroad Right of Way. It is anticipated that roadway drainage shall be accomplished by regarding the swales in accordance with City of Delray Beach Standards. Existing driveway aprons will also be replaced along the sidewalks. Owing to the project budget, the south side sidewalks on SE 4th Street shall be bid as Alternate Bid Items. The City of Delray Beach is the property owner. II. SCOPE OF SERVICES Phase I — Study and Report Phase Study and Report Phase Services are not included in this Service Authorization Phase H — Preliminary Design Phase Preliminary Design Services were completed previously and are not included in this Service Authorization Phase III — Final Design Phase Consultant shall provide final design phase services in accordance with Article III C of the Agreement for Engineering Services with the City, dated February 22, 2015. Page 1 of 7 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk- through will be included. In addition, potential underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. Consultant shall contact Sunshine State One Call to get the contact info for the utility companies and send two sets of Utility Contact Plans after the Topographic Survey has been secured. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field -verification information. Existing trees/palms shall be shown on the survey and a tree disposition plan developed for purposes of permitting the removal or relocation of those trees/palms which are in conflict with the proposed conditions. Existing utility information was provided on the plans provided by the City, but this information will need to be verified by the Consultant. 3. Preparation of plans shall include: Cover sheet, General Notes, Civil Engineering plan drawings, details and notes, and miscellaneous City detail sheets. A table of contents for the specifications will be provided (specifications will not be prepared at this stage). 4. Consultant shall prepare base drawings of the project area using existing drawings that the City has provided to Consultant. The drawings will be in AutoCAD 2013 format. 5. Consultant shall provide internal QA/QC reviews on the 30%, and 100% plans. 6. Consultant shall attend one (1) kick-off meeting and one (1) design meeting with the City prior to submittal of the 30% plans. A written summary of the issues discussed will be prepared by the Consultant and provided to the City. 7. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at 1" = 20' or larger. 30% and 100% stages of the project. A review meeting will be held with the City to review comments from each of the aforementioned stages and provide a written summary of the issues discussed. 8. Consultant shall prepare at the 30% and 100% submittal stages a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of the design requirements incorporated during the various design review stages. 9. After approval of the 30% Construction Documents is obtained, Consultant shall prepare final construction drawings for the project which shall include: • Cover Sheet • Sidewalk Plans • Details 10. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards and FDOT Standard Specifications for road and bridge work. Page 2 of 7 11. Consultant shall provide internal QA/QC reviews on the 30% and 100% Design Documents (drawings, specifications, and cost estimates, as appropriate). 12. Two (2) plan sets, four (4) copies of specifications, and two (2) copies of the opinion of probable construction costs will be submitted to the City at the 100% stage of the project. A review meeting will be held with the City to review comments. 13. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards. (four copies) shall be submitted for City review at 90% and 100% stages. 14. Consultant shall, upon acceptance of the 100% plans, provide final design drawings, one (1) mylar set and one (1) set of AutoCAD (version 2009 or lower) files in electronic format (*.DWG and *.PDF) on CD. Specifications and Front-end documents shall be provided in electronic (*.PDF and *.DOC) format. Phase IV — Bidding/Negotiating Phase Consultant shall provide Bidding/Negotiating phase services in accordance with Article III D of the Agreement for Engineering Services with the City, dated February 22, 2015. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide five (5) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall conduct a mandatory pre-bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental information or clarifications, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist city in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". Phase V — Construction Administration Construction Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Page 3 of 7 Other — Permitting There currently is no South Florida Water Management District (SFWMD) Environmental Resource Permit for the subject property. The sidewalk improvements will not require a SFWMD Permit by exemption, therefore Permitting Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other — Surveyine Survey is being provided by the City for this project therefore Surveying Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other — Geotechnical N/A Other — Field Verification N/A III. TIME OF PERFORMANCE The completion dates for the work will be as follows (starting at written notice -to -proceed). Refer to Attachment A — Project Schedule. Phase of Services Time per Phase Cumulative Time Phase III — Final Design 12 Weeks 12 Weeks Phase IV — Bidding / Award 16 Weeks 28 Weeks Notes: 1. 2. Schedule is based on review meeting with City occurring within 2 weeks of receipt of each submittal. The schedule will have to be adjusted if the review times are longer. IV. COMPENSATION Engineering Services Phase I — Study and Report Phase Phase II — Preliminary Design Phase Phase III — Final Design Phase Phase IV — Bidding/Negotiating Phase Phase V — Construction Administration Other — Permitting Other — Surveying Other — Geotechnical Other — Field Verification Hourly Not to Exceed Fees N/A N/A $8,741.80 $2.096.64 N/A N/A N/A N/A N/A Page 4 of 7 Out -of -Pocket Expenses $250.00 Total Project Cost $11,088.44 Notes: Out -of -Pocket Expenses include thefollowing: printing/mileage/postage. Page 5 of 7 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 any further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Cary D. Glickstein, Mayor Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this acknowledged by voluntarily for the purpose there -in expressed. CONSULTANT: Date Ln (Seal) Witness (Signature) Witness (Printed) day of , 201, was on behalf of the Corporation and said person executed the same free and Witness my hand and seal in the County and State aforesaid this day of ,201 Notary Public State of Florida My Commission Expires: Page 6 of 7 EXHIBIT 1 Ij III I III � Il lljl JI II II d� II ST. J �I -CITY of MLRAY BEAC I '.,E 4TH STREET 8+14 G4L SDEPARTx�T.t .'+EE`4 rrl`.T:,ti AVE AND 5TH _ L .-n: % YAP F1 Page 7 of 7 uJ uJ o 0 z z Z z Ul � E1 11F - �z�E-1 a co Ldw Q Li Q S. E. W 0 � z N w z >W Q v; > cn Ll LlQ S.E A T a Li Q 1ST 2ND 5 A N T I C CITY of DELRAY BEACH SE 4TH STREET DATE:o2—o4—l! g ENVIRONMENTAL SERVICES DEPARTMENT B WEEN SWINTON AVE AND 5TH zols—ao2 y p©Q6 434 SOUTH 3WINiON AVENUE, DELRAY BEACH, FLORIDA 3344A LOCATION MAP � OF� MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Teresa Cantore, Treasurer THROUGH: Donald B. Cooper, City Manager DATE: June 11, 2015 SUBJECT: AGENDA ITEM 7.E. - REGULAR COMMISSION MEETING OF JULY 7, 2015 APPROVAL OF THE EXECUTION OF THE SATISFACTION OF MORTGAGE AND RELEASE/CRC RECOVERY FOUNDATION, INC. BACKGROUND In 2005, the City Commission authorized an agreement to sell certain real property located at 1700 Lake Ida Road, Delray Beach, Florida, to CRC Recovery Foundation, Inc. (CRC) as per the attached Resolution No. 8-05. The terms and conditions of the sale are described in the attached CRC Contract for Sale and Purchase and evidenced by a CRC Promissory Note and CRC Mortgage Deed (all documents attached). To acknowledge full payment to the City of CRC's obligation under the Promissory Note, this item before the Commission is a request to approve execution of the attached Satisfaction of Mortgage and Release. FINANCIAL DEPARTMENT REVIEW Finance confirms receipt of CRC payments in compliance with the Promissory Note, executed by the CRC and described in the 2nd Addendum to the Contract for Sale and Purchase. (See attached CRC Accts Rec'ble Transaction Details). RECOMMENDATION Recommend approval of the execution of the Satisfaction of Mortgage and Release document acknowledging full payment and releasing in full the lien and effect of said note and mortgage executed by CRC Recovery Foundation on the real property located at 1700 Lake Ida Road. This instrument was prepared by and please return to: Noel Pfeffer, Esq. City of Delray Beach 200 N.W. 1st Avenue Delray Beach, FL 334-14 Parcel I.D. 4 12-43-46-07-01-001-0203 SATISFACTION OF MORTGAGE MO RELEASE The City of Delray Beach, a Florida municipal corporation organized and existing under the laws of the State of Florida and having its principal place of business at 100 N.W. 1'� Avenue, Delray Beach, Florida 33444, owner and holder of the note evidencing the debt secured by mortgage executed by the CRC Recovery Foundation, Inc. to the City of Delray Beach, Florida dated May 11, 2005 and recorded on May 13, 2005 in Official Records Book 78573 at Pages 1901-1906 of the Public Records of Palm Beach County Florida for value received, does release in full from the lien and effect of said Mortgage and Note on the following real property therein described, to wit: A part of Lot 20, Commercial Block 1, DELRAY SHORES, according to the Plat thereof as recorded in Plat Book 24, Pages 22 and 233, Public Records of Plan Beach County, Florid, described as follows: From the Northeast corner of said Lot 20, which point is the intersection of the Northwesterly right-of-way line of the S.A.L Railroad with the Southwesterly right-of-way line of Lake Ida Road; thence 5.18°41'02'W, along said right-of-way line, a distance of 361.01 feet; thence nun N.71°18'58"W., a distance of 230.15 feet; thence. 18041'02"E., a distance of 404.02 feet to a point in the Southeasterly right-of-way line, a distance of 234.13 feet to the point of beginning. hereby acknowledges full payment and satisfaction of said note and mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of the Circuit Court to cancel the same of record, In Witness, these presents have been duly executed under the seal of said Corporation, pursuant to due authority this day of 2006. Signed, sealed and delivered SignatureNVitness #1 Printed nameMlitness #1 Signature/Witness #2 Printed NameMlitness #2 STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH Florida municipal corporation 0 ATTEST: By: Cary D. Glickstein Mayor 100 N.W. 1 st Avenue Delray Beach, FL 33444 Deputy City Clerk 100 N.W. 1st Avenue Delray Beach, FL 33444 The foregoing instrument was acknowledged before me this day of 2015, by as (name of officer or agent, title of officer or agent), of a corporation (name of corporation acknowledging), (state or place of incorporation) corporation, on behalf of the We/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Title or Rank Serial Number, if any RESOLUTION NO. 8-05 A RESOLUTION OF THE CTIY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUN"T"Y, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 1700 Lake Ida Road, and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the. City of Delray Beac14 Florida, and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sail said property - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Swgg&J, That the City Commission of the City of Delray Beach, Flotsda, as Seller, hereby agrees to sell to CRC Recovery Foundation, Inc., as Buyers, for the purchase price of One Million Dollars and 00/100 cents ($1,000,000.00), said property being more particular described as follows: The Easterly 240.49 feet, less the Southerly 500 feet, of Lot 20, Block 1, Delray Shores, according to the plat thereo& as recorded in Plat Book 24, Pages 232-233 of the Public Records of Palm Beach County, Flarida 1 That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Rxhibit "A". � r 1 PASSED ANIS ADOPTED in segulm sesta on the E dsy of 2005. A'I 151: A Y City Ckrk CITY DF DELRAY BEACH 20n W' ki .1243-711(h), AY FLORIDA CITY ATTORNEY'S OFFICE 7`LLEHON.56 FAC`IE DELRAY BEACH 0-hineft GINS DATE: 1993 TO: 2001 9.T-41I,TA MEMORANDUM February 24, 2005 City Commission David Harden, City Manager Susan A. Ruby, City Attorney wriWs Dimes Line_ 561/243 -Mi SUBJECT: Sale of Property - 1700 Lake Ida Load to CRC Recovery Foundation, Inc. The City awns property located at 1700 Lake Ida Road. Crossroads Recovery Foundation (CRC) has agreed to purchase it for One Million Dollars ($1,000,000.00), payable as fellows: One Hundred Thousand Dollars ($100,000.00) down payment, Six Hundred Thousand Dollars ($500,000.00) upon closing and the remaining Three Hundred Thousand Dollars ($300,000.00) payable in ten (10) equal yearly installments. The closing date Is set for April 15, 2005, unless extended by the City to facilitate the securing of a substitute facility provided however, any extensions shall not exceed sixty (60) days from the effective date of the contract. Please place this contract on the March 15, 2005 City Commission agenda'. Attac meat Cc: Chevelle Nubin, City Clerk Bill Plum t-eb 14 U5 03:32p Erik Joh, PR 551-272-2753 F.2 r?F `tFIVFf THI9,FORK H!J StEN APPROYED BY THE FLORIDA ASGQCIATIGN OF REALTORS AND THE FLARloA BAR MAR 1 R INT5 1 FARM:iPitt r of DOWY &reel seller's, 2 and ORG Rocoyarrr,Forw gram, mm- C Buva� 3. 3 hereby agree that Seip shall sell and Buyer stall buy the following desenbed Real Property, and Personal Property 4 (Collectively `Property") purousrrt to the terms and condition of this Contract for Sale and Purchase and any riders and 5 addenda ('Centrad")_ e 1. DESCRIPTION: (a) Legal description of The Real Property located in 81JM Bear& County, Florida: 7 EM J`tgb& 21&4a t=eat &Ueoulh#dK 6Q0 &% sof lot 2Q Week !. DELR ®y�,,S,FiDRES. acconmet to atio_plat ® 4ihtMa as recorded in Drat hnnk�egart lit Rectilob of PAft Q@ocJtjGRunt'- Fladda e 10 (b) Street address, dW. zip, of the Prapetty is: f Toa Lake Will Rd. DMf pjf Bach. FL A40 11 (c) Personal Property includes existing range(&), ra arator(s), dishwasher(u), ceiling fan(s), light fixture(s), and window 12 Irestmeni(s) unless specifically excluded below, 13 tither Items Included are: _ 14 16 Items of Personal Property (arid leased iterle, If Gray) exclude errs. 1s 17 II, PURCHASE PRICE (U.S. cxurreac+y): ... , ..1.....111 to PAYMENT. is (a) Deposit hold In esamby RnNut lgadaranh( , riuttateount - (Escrow Agent) 20 in the &mount of (checks subject k* clearance) ..... ........... ....... . .......... S 10, No. 0'E it (b) Additional Ostrow deposit to be made to Escrow Agent wdhrn 30 days after Effective Dale 22 (sea paragraph III) In the amount of . , ... , .....1 1. 1 1. 1 ..... _ . , ... . L..... # 3EL000.Od 23 (6) Financing (see Paragraph M) in ftte amount of ......... . ....... . .......... . ...... $ 24 (d) Other; _ $ 25 (a) Balance to close by rash. wine tnvtd r or LOCALLY DRAWN cashieft or otticlal tank 2e check(s), subject to adjwvnerth or prorafloae .. ....... 3 fPOo.OQ�OD 27 Ill. TIME FOR ACCEPTANCE OF OFFER ARD COUNTEROFFERS; EFFECTIVE DATE; 29 (a) If this offer is not exisa led by and deltvered to all paMas OR FACT OF iEXECUTION communicated in writing between 21 the p%rdes on or before IDDAYS , the depow l(e) vAl, at Buyerr& option, be returned and ibis w otter withdrawn. 3+ UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS &HAL.L BE 2 DAYS 32 FROM THE DA'L'E THE COUNTEROFFER IS DELIVERED. 33 (b) That do% of Contract {"Effective Date*) will be the data vAen the last one of the Buyer and SOW has tdgrled or Initialed 34 this offer or the final counteroffer. If such dale a not offaarMse set forth m this Contract, then the "Efl'eefjva Date" shall be 35 the date determined above for acceptance of this ofkr or, ifappiicable, the final counteroffer. asrV 14ANCING: 37 j (a) Thrs Is a comb trap mullon with no contingencies for financing; 35 Q (b) Tills ConbW is contingent on Buyer obtalnlng approval of a loan ("Loan Approval') within days (11 blank, then 32 30 days) after Efteclivo bate ('Loan Approval Dotal for (CHECK ONLY ONE): [3a faxed; 73 an adjustable; 40 or f3 a fixed or adjustable rate loan In the principal amount of ffi at an instal interest rate not to 41 exceed 56, dlsww t and origination fees not to exceed % of 4' principal amount, and for a hrrn of years. Buyer will make application witiarn days (if blank, then 5 43 days) after Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller In writing of 44 Loan Approval by Loan Approve+ Data; setl* terms and conditions of the Loan Approval; and close the loan. Loan 45 Approval whish requires a cond6on related to fits sale of other property shall not be deemed Loan Approval for purposes 46 of this subparagraph. Buyer shall pay all loan expenses. If Buyer does not deliver written notira to Sailer by Loan Approval 47 Date stating Buyer has either obtained Loan Approval or waived be. financing contingency, ttsen anther party may ramal 4e this Contract by delindriq written notice (TAinceilation NoCroe } to the other, not later than seven (7) days prior to Closing. 49 Seller`s Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice wehring Ibbs so financings contingency If Buyer has used due diligence and has not obtained Loan Approval before cancellation as 51 provided above, Buyer shalt be refunded the deposlt(s) Unless this Onandng contingency has been warned, this Contract M shah remain subject to the satisfaction, by Closing, of those conditions of Loan Approval related to the Property; ex © (c) Assu mpdan of %)eating mortppge (see rider far terms); or 54 l❑ (d) Purchase money nuts and mortgage to Seller (see Standards R end K end nders; addonds„ or aparsai douses for [cans). 56 V. TITLE EVIDENCE: At least 10 deys (if blank, Men 5 days) before Closing a title insurance commitment with legible Be copies of instruments listed as exceptions attached thereto ('Title Commitment") and, atter Closing, an owTWa policy of $r title insurarnce (see Standard A for") shall be obtained by: 5e (CHECK ONLY ONE): X (1) Seller, at Sellee+s expense and delivered to Buyer or Buyer's attorney; or ss ® (2) Buyer at Buyer's expense, w (CHECK HERE): ❑ Ran alltW of tide is to fie Wished instead of We Insurance, and attach rider ibr terms. s) Vt. CLOSING DATE: This Iransaedon shall be geed and the oloeing d=rrents delivered 62 on Aorfi f4 2M I,"rClosing'), unless modified by other provisions of this w] Gontrttd It Buyer is unable to obtain Hazard, Wend, Flood, or Homeowners' Insurance at a reasonable rate due to 64 extsrer ne weather ronditlons, Buyer may delay Closing for up to 5 days after such average becomes available. FAR R -7r Pw ?A4 O 2ao4 Flues A of RMTORe%rd The FWda mar AN ryhlr noweW. Uwr Rep 514410495 Page 1 of 4 Soflwar% and Added FwYnE Ing @ 20W Alto Star Software, Inc. All Rights Reserved. (3115) 274.6tlSa su A -r U -P U'4;s 3CP mr'ir: JOR, r`N 561-2?Z-27S3 p.3 Ar' W. RESTRICTtOt+lS; EASEMtENTB; UNTATION II: Sailer shag cony marludable title subject to: cotnprehenshre land use as plane, zoning, restdcliols, prohibitions and other requirerrrents Imposed by govemmenRal autha tty, nesiylctlons and msdlM e7 appearing an the plat or otherwias COrnrrl0n to the wbdi4rtsion; outstanding ad, gas and mineral rights of record without 911 right of entry; unplatted public uthW easements of retard (located contiguous to real pmpwty lines acid not more then 10 as feet In width as to the near or front Ines and 7 112 feat In WWII as to the side Anes); tames for year of Closing and 7e subsequent years: and mourned morllpl$as end purchase away rnortgages. If any (If addkional iterns, ace addendum): 1 � !that . therle ovists at Closing no violstm of the loregoing and none prevent use of the Properly for 7 a)+ 7s V111.00CUPANCY: Seiler s I deliver owarpanry of Property to Buyer at time of Closing unless otherwise stated herein. If 74 Property is inionde l to be ronM or o pled beyond Closing, the fact and terra thereof and IN tenant(a) or occupants n shall be disdosed puravaint to Standard F. if occupancy Is to be delivered before Closing, Buyer assumes all risks of loss to 7a Property from erne of ocamparIcy. shall be raspnns4ble and liable for rnalnterianme from Hot date, and shall be deemed to 77 heirs accepted Property In lir exlslkng condition as of time of taking occupancy, 78 IX. TYPEWRITTEN OR HANDWRIWEN PROVISKMS: Typewritten or handwriltan pmAsions, ddem and addenda shall 76 control all printed provisions of this Contract in conllict with them. to lit. A8sH.RY,,.: (CHECK ONLY ONE): Buyer 0 may assign and thereby be r+dcoesed from any further liability under this 114 Contract; 1111. may assign but not be ndeased from liability under this Contract; or ❑ may not assfgn this Contract. 12 XI. DISCLOlSURE& to (a) Q CHECK HERE If the Prapaxitr Is subject to a special sasmiunc t lien Imposed by a public body payable In B4 Installments vAlch continue beyond Closing and, d so. specify who shall pay amounts due after Closing: ❑ Sells U ❑ Buyer ❑ 09w(mmaddendum). a (b) Radon is a naturally occurring ni d oactive gas that when accumulated in a building In sufGclent quantiles may preswit 17 heath risks to persons who ars arposed to It over time. Lewis of radon that mooed %dierall and stale guidelines Have FA been found m bulktngs In Fbdda.. Additirulsl Inforn atron regarding radon or radon testing May be obtained from your w Courtly Public Health aunt. 90 (c) Mold Is nature attuning and may cause health rigor or damage to property. if Buyer is cancel, or dealms 21 eddiflonal informiodon regarding mold, Buyer ahould r orKact an appmpliafe pn*ulonaL 22 (d) Buyer acknowledges receipt of the Flortda Ene►gy-Elneionsy Rating Information Srochure required by Section 653,M. F S. 113 (e) If the real property Includes pm -1976 residential housing then a lead-based paint rider Is mandatory. se (1) it Sailor Is a "toraign psrsaW se. defkted by the fareign Invasin It in Real Property Tax Act, the PmWs shall carnply with that Act sa (g) BUYER $MOULD NOT EXECUTE THIN CONTRACT UNTIL BUYER HAS RECOVED AND READ THE Is HOMEOWNERS' ASSOCIATION DISCLOSURE. ST (h) PROPERTY TAX DISCLOSURE SUMMARY- BUYER SHOULD NOT RELY ON THE SELLER`S CURRENT PROPERTY re TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR 9@ SUBSEQUENT TO PURCHASE. A 1C14ANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS ice REASSESSMENTS OF THE PROPERTYTHAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY lot QUESTIONS CONCERNING VALIDATION, CONTACT THEE COUNTY PROPERTYAPPRJUSENG OFFICE FOR INFORMAMON. 162 Xit. MAXIMUM REPAIR COSTS: Saltier shall not be responsible for payments in excess of. leo (a) $ for treatment and repair under Standard D (lrblank, than 1.5'X, of the Purchavis Price). 194 (b) $ for repair end replacerrt rnt under !Standard N not caused by Wood Destroying las Organisms Of blank, then 1.5% of the Purchase Prior. 4m XIII. mOME WARRANTY: L7 Seller © Buyer N/A wdl pay fora home wuarrargr plan rasued by 107 at a Goat not b a=ead 2 IN XtV.RI0E ; ADDENDA; SPECIAL CLAUSU: CHECK those riders wtrlch are applicable AND are aifsched to and made a IN fflt of this C *ori 44p O CONDOMINIUM ❑ VAIFtiA ❑ HOMEOWNERS' ASSN. ® i EAMBASED PAINT Ott Q COACTAL CONMUCTION CONTROL LINE ❑ INSULATION ❑ "AS IS" 112 ❑ Other Compretwarve Felder Provisioris 1$[ Addenda M 5peml Clause(Q 11! Its Ila 147 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards"): Buyer and Seger acknowledge receipt of a copy of Ila Standards A through Y on the reverse side or attadved, which we incorporated ars part of glia CMtract 419 Ma is OnEk= TORE • 1 EOALLV mmm com mr. it moT PULLY uNDERamm. am THE AaRm or Aa ATTorlwEY POOR To rloramo. 120 745 F00 NO SIMNAPPOKM eT THE F"IDA AMCIATIDNOF REALTORre AND TFEFLOR" NIR - 121 Rev%�ISllof�onMlar,YNWM�rtfMFryeYMl�eltalNldcondYPt+16t�1eLlontrtte�lMtlrddbfKa�phdlhCCsri�Pt71M'IaRpOrbrt 7irr�rand mnataYre ,,.Pr,.re a rnr r.rr.�rr ",M.adz F and 6wp�i3Opo�tmr m.r;,rR.+dpwos 422 - 12s (Buyer) CRC Recovery nalstiOR, Inc. (Dale) (Sep . BeaCh (Data) it (69yo11 (Date) ( (Dane) has Buyers' address for purposes of notice Sellers' address for purposes of notke Phone Phone 42a BROKERS: The brdcers (Including cooperating bmitara, If any) named below are the only brokers enlitled to compensation In 122 oonnectlon witn this Contrecl: One Name: NONE -- _ NONE 431 coopore"no Brokers. If any Listing Broker FARMM-7s Am. 7 . So mm and added *MrOrarp 0 20%Nva $lar SoM ars, Inc. (3W) 27" 08 Psgs 2 or 4 -- .. . u.-. .,nom..-�f Cr'irt. JUrr, F -M Ob I - e t;e - 27H3 p.4 1,32 • STANDARDS FOR REAL ESTATE i K&NIZ,CTiONS 132 A. TM.E 1POLiRAISM The TnIs Commiltmert slnel be kletrsd by a Flonds 14MMild lie Insurer Wed np b Issue Buyar. upon recaft of the deed i* 1$4 Buyer, an ownwr3 policy of ills insurance in the amount of the purchsae prigs, insuirft LrpiY mathds6le go to the Real Property. mjbjmd only le 13S matters conleet.d In PAagraph cul and thou to be dlydsar0sd by Soler at of Mian Closag. Marketable elle ahs4 be deWmlred mcorci tp 10 awftable In Title Standards adopted by oiftnty of The Florida Bar and In accardance vkh law BWw shall have 5 days ikom dais of neaivmp ter Title Commitment iv 1a exernfna It, and N 0 is found deletlhem, noily Saw in wding spedflonp defects) Mkh render ills sfimrkah" Bolv"have 30 days from Iso mompt of nobcs b remmw ire detect, left inch Buyer shall. wthn 5 days after sorphlion of the 30 On Period, delver Moron notice to Soler either: ism (1) etdaeubng the flora for a reasonable perlod not in mcimed 120 days within which Beller shell use 00gord effort to f9mv" the detegs. or 01) mquesIM a i4c refund of depoolt(s) resp atlldh tlhtll be mlumad to Buyer. II Buyer fade to so notdtt Sellar. Buyer shal be dimmed to trine acaetS+d the We as it acus Is. tri Sailer abalk if We Is I mord mattmlaetabta. rsa d6g"M afWb to correct defeco) w9hin the time prwdded. N. alter onward effort, Saw Is anebs to galehr 142 Corltct Uw dsfids, Buyer "snalf ath"r waive 1h0 tNial�s, ar aecum a refund of dopoiftl thereby rebasing Burr and Sasar from an further o6 tom 113 under tins Conlrea If Soler is in provide the Tills Commoltrrnnt and R he detusi ed to Soyer lass than I daym pilar to Gcernp, Buyer mey atond Closing so 14s Thal Buyer shsl haw up b 5 days from dots of rwmipt to nary lme gone In mcconianw will Ilia Standard In a PWlCRM MONEY MORMAGE. SECtOM AGR111Is1isIT TO LELLIeR: A piachaso money merlpaae and mortgees rata to saw Thal provide Ila Iter a 30 day eras period in the ,treat( of d"isutt IF a ileal maripepe and a 15 day grace pulled d a noord or lesser morglap ; shal preride for right of 147 prepayment in whole or in pert without pereilir. Ahal pemM acceleration m went of bensfar of the Rea[ Pmperb, areal requlrs all Prior iwr and ase eneumhronoee to be leapt ut good standing, dial farted 1tmhNllattarts d. or tutwe @&an=& urada, pair morfpsge(al; 00 rl qwm Buyer to msinlaar fog pchCM Of Iniuranee CWIW utp ■*MOM nsabapww druaa cousrht(i sp snpmMarnnts Incated tin bre Rawl Properly apaenal lin and dl parts &rdrard too WNn the term laid ended osverapa endamemads` and snob char asks and perik ea Seder may nemor iably re", in an amount equal b Moir Mphest tel insurable value. and to ma4atie. rife and swirly agreement shal ba abierwlea in berm " contend requited by Caller. but Saler nray any rest" %2 dams and cnaararge cudernarNy feared In mon vapes, morlpape noli s rid security agreements generdhy uVilood by sevhlpa and ban tneKbgbrw or state in or national banks lasted in tine toady Ammin the Ree Prooft Is located. Al Personal Property and team being cm vayed or assigned will, at Sailers 154 aplan. tis subject to the len of a security swoorrnrl ewide os d by recorded a Med Mortdrg statements or cwgfk leu of all" I a balloon rradvape. ler t66 >Meal payment ail exceed the padodie payments ttusi at. Ise C. SURVEY: Buyer. d B uyara spares, aathat time atiomed b delver midence of file and to germine ams, may barge the Real Property nweysd aM is7 teethed by a registered Fwda surrayar. M ler eutvay discloses arlicimadocints an the Ree Property, or that "mpaarrrwlea looted thereon encroach on in setbadt Ines, solsertMrM, tends of others or slalsb any rsebtasm. C *aed cmal tants at appllimble grsemmunta l revudadgns, ode same shall oDnakills in a two delict too D. WOOD DEITRDVM CrAkA1NIINS: "Vlleod Dealmi ap Orders' (WDO) shall to deemed to Include el wood doodom orpankma mitred 10 is ie1 t>lpartsd under the Florida Stuatwo Pad Cornbal Ad. as intended, Buyer, at Stye's seroma, may have the. PropsAy inspected by s Florida Cspfiad Ia2 Pant Control Operator (''Operator villin 211 dor alb the Elixlhw 00 to dMeni to If titans k my visible aoli" WDO itihedation or Millis dorms in them WOO blfwefal[or, su hdmg fame. It edhv or bath are found. Buyer may wMtlth Amid 20 days (1) have cost of tnaetmerll at active k+lsasban ser estimated by the Operator. M Mrs all dsnreps inepwated geld coat of repair estimated by an appropdabsy ken ed contractor and (3) report mol h Ml(a) in to User in writing, Salty shag arse the heeldwait arts rspwk of all 141AO damage to to made and pay tie cors MPW Lop b iha wiciunt provided in in Paragraph 41(a), If asbrnslwd Deets snored that arrrwaa, Hucyar deli ewers the option of canceiico this Contract by lghring m elms rake to Saler MMIn 2O say days off r the EftWo Date, at awv map deeti to proceed MTh the Ita odori and ret:ehve a credN at Ciasho equal to thtt amount provded In in Pare(Nepri XII(ap It Buyers WNW r.gwrew on Wdsbd WDO report, Ilan Buyer shat, at k"M expense, have Ilte oppa ur* 14 two the Property W lea Inspected for WOO hatwasdi n and home the Goat of gage sheat M or flew Barr w estimated eruct repotted i0 Si fW n wrtbg at load 10 days tartar b In Cloalng, are lis alloy, Sathrrthel tetras wall trodment and repair b be mads and pay the tai theneo(; provided, Sellers total Dblpatbm for Inslmord i71 and repair costa imp— wAW bulb iN lrstand 88Fld Inspection 9*1 rot mtoeed tow amount provided In Peravaph XII (4 in ! INGRESS AND COMM' Seller warms End repreawl$ the there w Isere s and egress to Ht" Raaf Property sullderd tar Ifs Irnstidwd use as In described in Paregtaph Vit hmW and We to lbw Beal PmwV is Inmrabla In accordance with Stahudprd A rrltliout auc> "on. ler loco[ of Iegei do of emu tea F. LEASES, Sellershal, at lesit to clays beton Gfaard. bath to Buyer copra of all wedlan leeaea Wad esloppal ishan Urn each I- me I opecily nti on i7a nature and duration of for lonsifii occupancy. ratites on, advanced relit and sucile r deposits. pard by Ionanl. H Seller R snails to obtain such Mar 17s bpm each tewerd, the same information shall be brrnidrd by SOW m lluyef vAp* let inn period In the foam of a Swlwrs afidsvt, end Buyer may 177 thereafter contact Wisrit to codrn eunh infomrdien. if ler tarns of the teases dM er rhatrleNy from Bshsrs r gi esettalona, B yen Riley t milli one trio s7o t;entraot dalrering written rrad4lo Sutler at lank 0 days prbrb Cb*Q. SOW $0311, el Closing, desuer end assign et anginal Iws"a to Surer. 178 C. LIENS: Salter shall flrrwh to Buyer at ane of Gosset an alldart athalrrp to the absence. unless o9ow n pmkiled for haleln, of any 5nancing 1w etshanant, dWma of len or paternal lanes known tc Soler and hither atlmiAm Iwai Indere two been no Improvemmul or repokrs A the Beal PmWW for tel 00 stttya immediately preceding date at Cloel3S N the Rae Propane hes been improved or rggplrsd within that None, Salter shall depver ralrasea arwwhrsn ie2 of otxtetrue6on Serra wwwAsd by sal amenia A ocntnrtAsi. subponeradon, suppliers and maleriaknen In ackl4on ID Saswr$ Ion alldwit osft forth tat" tea names of all such timasl contrwctmw. atlbconbarlors. suppliers and mdsnalrsn, further aNhnrw that AN charges for improvsmeitis or impales which lav could serve on a basis Ito a oonskicil h len or a Jahn for damspas have been paid or will be paid at the Claming of He Contract. SIS H. PLACE OF CLOSING: (loaktp go be dem In this county allergia Me Rest Propnty Is locale At ifs olAoe of tow afilomay, or alar closing spent in rClorbhg Awn designated by Rhe partypaying for Ntm Inow nm. or, I no Ole esuaim, doovio! d bin Saner tel I. TIME: M carnim" oma pwocls of Itss Noe she (B) days, Saturdays. SLndays and stake or national feral bolidaim shag be rxcloted My 11me vtatods ass proviclect ler heron "tach shall and on a Saltedsy. Sunday or s limpet nol lay shah axlenq to 5.110 pm. of the nud buenas day Tsne is of No sasence ise In this CanbWL iso J. CLOSMIG DOCUtiSKM-. Satyr stab) Immish the dad, till of sole, cartftraie of lift, construction siert merit oemefs posessown af9bavl. ret monfnatb of leases, tertard and mortgspsa selnppsl sf m end comK*e insintmeMs Buyer shelf furinah mortgage, mortpaps nofa, sawr1ty 192 Agreement and Anrlaftrp ateLmorm. 1ss IL t.X'hl S&S: Documribny stamp" an ler deed rand moorduq of ceuraWLV insgnia ens shag leu: ped by Syler All costs of Suyara ban (Mother 184 obtsfned iron Better or third perk), ktcludmg, but trot linled leo, documentary stumps and Intsrg3ris tate on the purclvsea money mcelgage and shy 185 moRgdps assumed, ono tgeges tis Mtaeaeisae aontmdmirmt sMh VOWd less, and neck imp of ps rimer matey tttorlq"po Is sow, dead and itnanalrig in state ords shall be pard by fkrysr Union odwweae prorimd by lair or ridar to fire Contract, charges for the 10WAing teWw We 3miam. namely We t17 ovWew^ Mit examination, and dosing feu {ricl4no preparation of dosing statement), shall be paid by ilio party rapwralbla for km the bile sea evidence In mcnrdarin wild paragraph V is L. PIIORA"ONi; 0481111111111. Tates, alwneffa b, rant, Iswst, Insurance and atter ehctenses of the Property shal be proraW through ger day bOM Baa C641112. Buyer sial have ler ai:fbe d Saldnp leer ehdadnq PO4CIN of IRAU1talCe, If asstr:neole, In wdudh eoett prrmtums shag be pmrobmL Cads at tot arising shall be incamed or dwa red es mW be required ler prlirstiwuN to be made throuvill day pima Lo lobar, of oonupency, If occupancir occurs 2d2 before Cbong. Advance rent and security deporls wfi be coedited to Buyer. Escrow deposals held by rtwrlgagm veil be credited to Sass. Taxes anti be 2o3 pruwtad based an iha ouni t years tax wlh due 0mmorms rude ger musimum alowsbte cifseoonit, homestead and other a xerttptoas tf Cioft OCCUM at 2o4 a dale when the current yells mllapw Is not lbo d And carent Vow% sone rnat s awdable, latae vAll be pxarmd Wand upon such Assessment and 201 pita years chaps_ If aureet "We ssseswnNrtt is foot available, then tallies wdi be pr XeM on prior Vas's to If theta are rarnplats4 mpyovenwnn tin los the Real Property by January 1st of year of Closkip. wlich impro warms woe rot rn asiste0ce an January let of prior volt. ow bila shah he premed 2cr basad dean prior yoWe nttllage and at am eptda* aaeslmanl to be agreed upon between ria polos, farkng ttltkh, regUest 04 be made to the County las Property Appraasr for an lotbmtal nanaraent tolkM I* amalrrtt evadable wxa otluns A tax prorevort based on an astmiaU Wal at muesrd of sown 2og parV, be nedprstad Liven rweetpl of current yea's tate bol Ffr r4Fl•7S tZmrnmd 7yg4192aa9 Rtaide Aeesdaiart d AEALTI7RSG ethdTlt rhda Bar Ai leghla ftos=v�d Pipe 3 d 4 Safe and added farrrnaNng 0 2004 Alta Star Solbarare, Inc. (305) 2T94M , m . • -- —" .. "r- L f a I% "b err r r " iia 211 213 219 214 216 216 217 218 219 2i0 221 222 2" 324 23 221 227 "a 220 239 231 232 Via 234 lad 236 987 73B 239 240 241 2Q 243 944 2.46 246 247 245 249 290 251 Zai in 164 395 ase 257 26e 259 260 761 299 103 764 203 see W7 2sa 259 270 271 272 273 274 271 271 m 279 7r9 290 211 162 254 289 21S 2aa 2sT 281 Zia —e re --e- rZIJ P. b M. SPECIAL ASSEUNMe L�iq alp f@ft toOARDS FOR RParagraph XIA(a)oattTE �IAed. cov irnudd � dere fed EDS amnerd Ciatx kttpasid lav Auhkc bodies as of Closing are to be paid by Beller. Pending Mens n of Climm shag be aswrned by Buyer, frtw Inpr0worant has One SubsssnEMy eomplaNd N- U of Eflocti re data, any perdfng Yen *a be mowed eaddiad. conferred of ratified and Solar shall, at Closing, be charged an simatird squad In the lout 1sen.ete or essessmrA for Mee impmrwhher t by the pubobodfy. N. MSPECTION ANO NVAM : Sd or warati Eat ttw telling, root Rck dng the leads. and sol#(B), aderltrr and lrieedor yd is. fourickbm, and docitage of the Propwty do net Iwo any vledda WAdleste of tacks, rester damage, or sbuchrel damage and than ft septic tank. pool. all op0eendo . rMOharvisl 14MR, heaft. cooling, dodrllnl, plumfshlp wooms, and rttacirlitoryr are In YYbrking Condition. The brogoalg seem* shat be &.clad to ger Wens upeedMd unless ofimndw pmuidod In an addendum. Buyer may inspect, or, at Owery eupeess. here a arm or individual spadallibog in home InspacUana and holding an 000up O al leans for suds Purpose pf mqufnidU or by an sppropdatoy Ilowned Florida contra mr, make htspeetann of. Maes dime WM 30 fto ager ter! Oafs &goer shat. prior to tuyw'a eowApivay mat rel rmm than 20 days alter CSI CWs Gals, report I. telbrlp OR S41W We h Merle that do nal meal flys ahonre standards as Is de4eetr. unless Beyartenay rapaAs VX11 del8ds. Buyer ahrrl be deemed to have w*Ad Sailafavaneudiw n to dehets riot reported If m p&m or m0wamenis are regrind Is cowoly vft We Btendard. SsOx shot cauoo thorn to be meds and slat ply up to 00 smotaht provdded in Pataproph M (ii). Sege is eat snub to make repose or ropiaaenhents of M Commeffe Ca wkion unless caused by M dekh3 Seger Is raslhoritdbla b o"r or replam If In toot Im such npor or mp>fsawnart suceads the amount provided In Panpraph X11 tbj, 9tarsr or Soler "elect to pay pah own. t * g which moor party mW armal ode Conbacl. H Saber Is WWW to =7ecl the (11(0(!9 Prior to Cloltng, to cost thereof sheaf he paid 'Mescraw al closing For purposes of tMs Conew, (1) "(((®tone Condibm' means alwalln in tem meaner In wHch the horn was dngpw b opaarlew (2) 'Coanebt Cotldbbn" nhaana oai*r tic unperfedona that do no Matt pts Wtxidng OmWitlorr of ft Mom, Including, but rml hrrxted or, pad Rlamb or WW Pool Anlshn, fttlartkrg at Born oust 1. logged vwu*W W". warn spols, an diambirahen of terser edvonnga, wellpapsr, err window "0111014M 11111 how*, stralches, dads, serapes, fte or ravMurg In eadirgpa, wets. low". 16dnaea, or merors, sed minor aeoha In floors, !fes, wind 1 . drilimwlays. sidewalks, or pool decks, and (7) wo M1 rad blm cor(((e or Mem shingles, or imhad roer hfe shag not be amnsdersd dolstls SaW meat mpWr or replace, ac lana as brave Is no widerm of auaah Ieats or leakage or *vdurai danwge, hd muaing %a wtl be Sakes meponsiNRy to replasa or ropelr. O. RIBK OF LOSS: If its Property is dsriaged by lira ar other urnlgr bob Clooshg end cost of reafma ft dew r ial exceed I S% of IM Pordos m Prko or Ma Prbparty so dalmati d. teal of malmdort a" be an wAgaf m of Seiler and Clo" algal pfooen pursuant to the lame of tris CoeMr d V#A resiorallen rash eammid 111 Casing. tf Mo mal of ragtra6on exeeea1 1$% of the Purchase Price of the Prap" so damaged. &uysr shill 41thr take the Prot" as Is, together wmh 61111W die 15% of any Insurance pnoaeds probb by v31ua of such loss or damage, or mo*e a refund of aapc nl(e). tioreby releasingBuywand BaMarlrvme0fWIWob Babe iunderthinCkxo ct M. WORM PROCEOURSt The deed shad be raga I upon clu rsnes of finch If the bila agorht Insures adverse matters pursuant m rlearm 627.7541, F B . as ahnendad, the awuw acrd h9otreg prnaMdhures neyndied by fids sianderd ahs# be w*o*. Ideas waived as int torah above the logosdns doift proeedhass shNl sA*. (1) aN doling piox s!r shat be hold in escrow by the Closing Apert for a pond of root rears Om 3 days after C10aahp; (2) b 8e111er's this is randemd uninaflc ultis. Mush re fault of Buyer, Buyer Mai, whhh ore 5 der period. mIy Solar In wailnc of the defect .rid Solar enol have 30 days from date of receipt of aamh non eaun 10 an fee "IM (3) R Silly tats t0 Mmey rano foe ([deet a dapmta and closing funds shall, upon wftw dwnand by Buyer and wdfdn I dins ssardemand, be returned b Buyer and, wwft maty wM such repsyme d. &ryas shat hsiunt the Personal Properly. vacs the (teal Piopar!(1 Ind rotomey Ops Properly to Mar by hooded vatranty deed and to of ends: and (4) H Diff (ads tC melte "01111 demretd Tor re}UrW. EW& Shan tura 0716 as it. eaMN as dols against Saaar a to any intelaft deka eNDW uur may be avadehh to Buyer by Fonda of warranties uorftned en On dead of bill of dile. Q. ESCROW: Any CWng Agent or ewow agent ie lowly "Apann W&NO Funds er equealsd a s&atiod and agrees by eraeplann of team to dspoot tiwm pramplgr, hold same n eacraw and, to cWmarp e, cbbwm them to a000rdw vdth h mer rid conditions of Ona OWrduact FAWre of tur4a to clear slhaa notm== BwpM pm bnnartn if In dirMuto Agerrrs duties or NoWitos under the proslslena of thus Commit Agent may. 9tti pwft apwri, tmNkes in hold sm supod auger of gra escrow w d the pots harM agree to is 0bussement er urtll a Mgmant of a court of competent jurladtlbn (hell dalannlne the Ap b of The peNaa, or W may deposit sam Wk oho clerk of Vie rmaut court ha9mp funs0silat of IN dispute. An attorney Feng nplsaants a parer and also so as Apart mW mprseeM such party In such action. Upon riddring all partes metered of Sud+ ad6fl. all Middy ori the Pan of Agert ahstf Arty twmlha4 wmapt loft oxlent of smounling for any Malleo previously delivered oud of emm If A 9Wensed yard slab broker. Aghud vvll comply warn pfovfslons o1 Chapter 475, F ti., as amended. Any scot thatvlasn Biyu arxil Sailer vAtareb AgerA hs rtnda a pally berAuas of me" ea Agent hemu nder, grin my suit wherein April btsrpieads the subjuxt neW of the escrow, Apert " reser rasewuble allimWa rasa who coats incurred vddl tinea erraaris 10 be paid Mem std erg Of To ""wed tads or equivesin t and charged and awaded sa cows oohs In ftW of ora pnembp peaty The Agool BUD not he labla to wN pa* or Person for rabdehrery to Buyer or Behr of tame suldad to The esrr w. unless such mradddvary ac due to +OWW I P ii of Ina povrstoa OF Oda GordrK Or gravel riegsgente Of AgwL IL ATMPINEis FEES; Com_ M any 11111Mr4an. Ymudng breach. enToroamard or erlrpretu* n, ensuing out at thin Cordrad, Ina Prwaling early In such tihetlfor4 w hielt, far Purposes of this 8andard, shot Incluse 30111 r, Buyr and shy broken odrw In agency or naraganty relaMW MPS authonsea by f tapter 475, F.S., As. amended, sinal( be wtatled 1st recover from tho son-prevawkhg party mosmatae rtmmer's faea, costa and wwanses. R FAI LURE OF FERFOIfpNATICE: ff &am t111a to paafrwn ek Contac: wghn the hme specified, kwi udHg palm or l of ON opo". lbs aapasd(s) paid by famine( onnW am No c set and in AM wW mann of � by end iu8 the amours Salim as reread apart t under ft Contract, a any OlalnhS wharahrpon, 6uy1w and Bober p shall be rehrod of 118 obligations Salter, at SellEft opran. may Ironed O equtly b solar - Bahia ng* redder lids Contract. If for ay reason other than b kae of Soler to make Sitar's tits maritatahla slier deiced agort, $alar Sae. nealsi:hs 11r reluen in perform Moe CoA%A Barer navy seek apwft porbmwpx or ales to mceWa hie rant+ of Bxysra deposn(s) WOW thereby andiong are actlon for damages can" Ilom Balers breach. T CONTRACT NOT RECOYM MM PEIIaOhlts BOUND; NOTICE; FAP WILE. Nedhor this Coribed rear aril notice of it shad be MOVOW In any pwWlc records. This Canters(( alta# bind and aura b the bLmM d1 hs perks and IWr successors Is Floret VYhanaver the context porrrrka, singular shall mdude plural and W so gendr sMa xicknie on. Naive and delivery germ by or i6 Vere eaenay or broker represaufarg any party shrill be ay efts' as trgdren by or to that peftr Ilii habeas meant be in wrifrhg Ind may be made by mad. Viever iii dohvery or electronhc medial. A boloh faatirilie CM of Mos CurdrW std any stgnalu ren hereon shag be wnslderat era All ptapeees as an original. U- CONVEYANCE: Selr shell oomrwr nw$m ok Ica Io the Real PmpWW by SWOM werrenty. bums% personal repaserdelli ls. or guordtalb rind, as apl roprpafe to tie Stable err Sitar, s eod angler to msllws w1minsd In Pmegespfh VII and those othomm accepted by Buyer Personal Properly shad, 111 ore regweat ail Buyer, ba hwnsfrrad by w ahroluh Nd of isle w#hh wwro* of (idle, subject whole such mallan as coq ba oMlonriss Jinx for hweln Y. OThiERAGRIM1111TB: No poor or pm It aww"orita of npnaemallons shag ba bAft2 uhmn iluyar w &W min fn0fu W In *4 Gorntaid Ne rnodAea00n to or chertge In tot Cordran shoe be veld or bNWM upon the partes unless In vieft and! siceaded by ft paxtlas Intended caw to rW by it W. IMLLER MCLOSUPM: Thee an co ism kmwl to Sellar rnaleieoy effersapg the value of the Property ututh re not Wady OMwvmft by Bwrsr err which have riot bean disclosed to Low. X. PROPERTY MAiftl INANCS; p11OF MV AMM: IMPAIRSTANUARDS; et&MMAENT OF COMMAM AND WMIPLAIITIES: Saler hdurM maintain the Property. knkud", trot rot erxlad 18 Ism ahnAbory, and pool in me WOW waft as Of EAectNe Oats. g.dif" weer and Ips nrcapsd. Seger shot. upon reasonabha negpa, Provide ut&lae wvlw wW away to the Property for appretsN and 1111 mars. includlap ■ aw,au grougih poor ro Clomig, to MArm MMM all terra of Potosi Rropart am ger fine Itpl Raparty ant, aub(eei to ate Frh1100irha. (hal sit requaed rePaha and replawriel to haver bean made, and that the Properly hoe hon malotarod a +cowed by this Standard. Ali repairs and roPt11carranbe slnl be completed in a good end wW WWOM msmim, In sOl:ardww "M at requrgme.19 of few, and shag census( of materaa or Rema Of QW111y, value, raPathty and pwiwmarioa comppnWA h10, a bwW (tan, !het eraabng n d to Ef clb ()elle older wd sage ct aegndde pemwaed treek"ra eedreds and wennobu is pier m OmA1 V.1031 EXCHANGE: g allhor Sefar a Buys►vbh to outerfreta a lake -hind mrehriga (mann skmit -us weih Cloafne or def mod) mth Moped loft Property under 9exba 1031 of Via Interred Reawnua Coda C5mrsirgO, the other party st,al cooparde to as reasonable nrspsm to offectuale the Exchange, rneald&ng tea enellOon Of dnewmeft provided (1) Ins cooperating party .hall h= no babety or expense related lo in Exrhinge and (2) the Closing shall not be cwd rkprd Igoe, nor 11 1 or delayed by, much Ude rhes. FAR&W74PAV. 74140211104 Florida AsUalidloe of REALTOW acrd 7be Ftwrula ear AN RRMta Reserved AMA Palle 4 a? d Sol wow and added formaMing 0 2094 A FA Star spfbluha; Inc. (JIM 271F4M $TLR r.r A F% .iuCI, rn .7Ob -C FC -C J�� P. b ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BUYERS: CRC RECOVERY FOUNDATION, INC. SELLER: THE CITY OF DELRAY BEACH LEGAL DESCRIPTION: The Easterly 240.49 feet, less southerly 500 feet, of Lot 20, block 1, DELRAY SHORES, according to the plat thereof, as recorded in plat Book 24, pages 232-233 of the Public Records of Palm Beach County, Florida. This addendum is made part of the Contract for Sale and Purchase concerning property referenced above. 1. This Contract is contingent upon the Seller delivering to Buyer within 10 days from the effective date copies of any prior surveys, etc. The seller has the right to complete their own survey of the property and this contract shall be void if the survey shows encroachments on the property. 2. The seller agrees to provide, at no charge to the Buyer, all the improvements to the property, which are required by any agencies of the City of Delray beach for parking (minimum 120 spaces), lighting and landscaping in order for the Buyer to complete and operate the now facility that the Buyer intends to build on the premises_ MUNI, g MC RRQOV IMV FOUNDATION, WC LZGAL DBLR.AMY SHOM, taoordW mum plot dWO& w 232-233 of &a Public Roams of Pah n Hash ©Doan, Flodit By, In I re aaa? MIIMZ; t. h� °— MOM: am at enn5w 0 Ik saw in Ito @53M aflaormfg"Alv be W fW13: a 9 MML, uEVT@P— AW? TAU Y SOW �M i Yam zamb* 13 amiflz 6DTIhfl CA unui =Uwoe¢ a88 60 tw8 Aq is P a7k3 Wom L Q M tea yaw P)DI;4d4 by sLtz BSS '�A8Q ode ' 'r, r '�r � e I i a i .ofd,�;t).g1�F', i] T�':2 � � � � • E��l.i. a �,�1. ,.0 !t �� •%°CJiin±?ai; �1 :�'r. 1.�nAl,-�'f: --s--6Y Mto ct zh�t � g g g 14 ing bsiag mcbeduled for April 14, 2405, the Seller reserves the right to =tmvA the closing date by up to sixty (60) da-ya in the event the Seller has not been aisle to locate mbternative storage space acceptable to the - seller, in its sole discretion. PROMISSORY NOTE $300,000.00 Delray Beach, Florida May _A!!, 2005 FOR VALUE RECEIVED, the undersigned, (jointly and severally, if more than one) promises to pay to the CITY OF DELRAY BEACH, a Florida municipal corporation, or order, in the manner hereinafter specified, the principal sum of Three Hundred Thousand and no/100 Dollars ($300,000.00), bearing no interest per annum on the balance from time to time remaining unpaid. The said principal shall be payable in lawful money of the United States of America at 100 NW 1 st Avenue, Delray Beach, Florida 33444 or at such place as may hereafter be designated by written notice from the holder to the maker hereof, on the date and in the manner following: The sum of Thirty Thousand and no/100 Dollars ($30,000.00) shall be due and payable annually, commencing one year from the date of this Note, until all sums of principal shall be paid in full. This note may be prepaid in whole or in part prior to maturity without penalty at the option of the maker. If default be made in the payment of any of the sums herein or in the performance of any of the agreements contained herein, then the entire principal sum shall at the option of the holder hereof become at once due and Collectible without notice, time being of the essence; and said principal sum shall bear interest from such time until paid at the highest rate allowable under the laws of the State of Florida. Failure to exercise this option shall not Constitute a waiver of the right to exercise the same in the event of any subsequent default. Each person liable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dishonor and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if, after maturity of this note or default hereunder counsel shall be employed to collect this note. Whenever used herein the terms "holder," "maker" and "payee" shall be construed in the singular or plural as the context may require or admit. Maker's Address CRC RECOVERY FOUND ION, INC. 4600 N. Ocean Blvd. #206 By; Boynton Beach, FL 33435 4<Arence C. Eaton, President RETURN TO: This instrument prepared by: Robert W. Federspiel, Esq, 151 NW 1st Avenue Delray Beach, FL 33444 THIS MORTGAGE DEED Executed the ri day of May, A.D. 2005, by CRC RECOVERY FOUNDATION, INC., a Florida nonprofit corporation, hereinafter called the mortgagor, to the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter called the mortgagee. (WhereVef used herein fho forms mr(gagor,' and Wodgagee'inc)ude all the parties to this instrument and the heirs, legaf tepresentatives and assigns of individuals, and the successors and as4ns ofcorpvraoans; and the term Y+oto'fnctudas aN tlto notes herein described it more than one.) tMTNESSETH, that for good and valuable considerations, and also in consideration of the aggregate sum named in the promissory note of even date herewith, hereinafter described, the mortgagor hereby grants, bargains, sells, aliens, remises, conveys and confirms unto the mortgagee all the certain land of which the mortgagor is now seized and in possession situate in Palm Beach County, Florida, viz: A part of Lot 20, Commercial Block 1, DELRAY SHORES, according to the Plat thereof as recorded in Plat Book 24, Pages 232 and 233, Public Records of Palm Beach County, Florida, described as follows: From the Northeast comer of said Lot 20, which point is the intersection of the Northwesterly right-of-way line of the S.A.L. Railroad, with the Southwesterly right-of- way line of Lake Ida Road; thence S.18°41'02"W., along said right-of-way line, a distance of 361.01 feet; thence run N.71 °18'58"W., a distance of 230.15 feet; thence N.18°41'02"E., a distance of 404.02 feet to a point in the Southwesterly right-of-way line of said Lake Ida Road; thence S.60,43'50"E., along said right-of-way line, a distance of 234,13 feet to the point of beginning. THIS IS A PURCHASE MONEY FIRST MORTGAGE TO HAVE AND TO HOLD the same, together with tenements, hereditaments and appurtenances thereto belonging, and the rents, issues and profits thereof, unto the mortgagee, in fee simple. AND the mortgagor covenants with the mortgagee that the mortgagor is indefeasibly seized of said land in fee simple; that the mortgagor has good right and lawful authority to convey said land as aforesaid; that the mortgagor will make such further assurances to perfect the fee simple title to said land in the mortgagee as may reasonably be required; that the mortgagor hereby fully 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 and clear of all encumbrances, and this Mortgage is not assumable. In the event the subject property or any interest therein -shall be sold, conveyed, or in any other manner disposed of, including by Agreement for Deed, this Mortgage shall become due and payable in full. PROVIDED, ALWAYS, that if said mortgagor shall pay unto said mortgagee the certain promissory note hereinafter substantially copied or identified and attached as Exhibit "A," and shall perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants thereof, and of this mortgage, then this mortgage and the estate hereby created, shall cease, determine and be null and void. AND the mortgagor hereby further covenants and agrees to pay promptly when due the principal and interest and other sums of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter on said land fully insured in a sum of not less than full insurable value in a company of companies acceptable to the mortgagee, the policy or policies to be held by, and payable to, said mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the mortgagor for any surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said note and this mortgage, or either; to perform, comply with and abide by each and every the agreements; stipulations, conditions and covenants set forth in said note and this mortgage or either. In the event the mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date hereof at the highest lawful rate then allowed by the laws of the State of Florida. IFany sum of money herein referred to be not promptly paid within thirty (30) days next after the same becomes due, or if each and every the agreements, stipulations, conditions and covenants of said note and this mortgage, or either, are not fully performed, complied with and abided by, then the enure sum mentioned in said note, and this mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the mortgagee, become and be due and payable, anything in said note or herein to the contrary notwithstanding. Failure by the mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said note or this mortgage accrued or thereafter accruing. IN WITNESS WHEREOF, the said mortgagor has hereunto signed and sealed these presents the day and year first above written. ned, seale and delivered in the nese of: CRC RECOV Y FOUNDATION, J 13y- Print YPrint n e: U&4& T. DOI Name: _[,aw. oAd" G. Title: Print name: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledgged before me this /17r day of May, 2005, by lawrekr-c C* 6''4 f" as /yrs. of the CRC RECOVERY FOUNDATION, INC., a Florida nonprofit corporation, who is personally known to me, or who has produced as identification. Davld G. Armstrong Commission # pD284670 Notary Public, State of Florida Expires February 20, 200$ ,�m,. My commission Expires (SEAL) MR430105 Customer ID . . Last statement Last invoice current balance Pending . Type option, 5=Display Opt Trn date 5/19/15 5/15/14 5/13/13 5/18/12 5/06/11 5/19/10 5/20/09 _ 5/27/08 Cit of Delray Beach Florida Miscellaneous Receivables Inquiry . 6835 Name: CRC RECOVERY FOUNDATION INC 4/30/15 Addr: C/o: STEVE SWANK 5/01/15 309 N.E. 1ST STREET .00 DELRAY BEACH, FL 33483 .00 Status: A ACTIVE Type: MISCELLANEOUS BILLINGS press Enter. 9=History Description PAYMENT PAYMENT PAYMENT PAYMENT PAYMENT PAYMENT PAYMENT PAYMENT F3=Exit F12=Cancel MR430105 Customer ID . . . . Last statement Last invoice Current balance Pending . . . . . Type option, S=Display Opt Trn date 6/11/07 _ 8/04/06 _ 8/31/01. 9/22/99 9/11/98 8/25/97 Payment History Payment Batch and original Type Receipt # Amount AR 40078 30000.00 - AR 4 39347 30000.00 - AR 38595 30000.00 - AR 1 37785 30000.00 - AR 116475 30000.00 - AR 1 120581 30000,00 - AR 1 34143 30000.00 - AR 1 32762 30000.00- City of Delray Beach Florida Miscellaneous Receivables Inquiry press Enter. 9=History Description PAYMENT PAYMENT PAYMENT PAYMENT PAYMENT PAYMENT F3=Exit F12=Cancel 5/28/15 13:27:59 Unapplied Amount .00 .00 .00 .00 .00 .00 .00 .00 More... 6835 Name: CRC RECOVERY FOUNDATION INC 4/30/15 Addr: C/O: STEVE SWANK 5/01/15 309 N.E. IST STREET .00 DELRAY BEACH, FL 33483 .00 Status: A ACTIVE Type: MISCELLANEOUS BILLINGS Payment History Payment Batch and original Type Receipt # Amount AR 11 31274 30000.00 - AR 67 448 30000.00 - AR 31 20246 56000.00 - AR 22 14701 56000.00 - AR 11 12364 56000.00 - AR 25 9964 56000.00- 5/28/15 13:28:11 Unapplied Amount .00 .00 .00 .00 .00 .00 Bottom MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: June 23, 2015 SUBJECT: AGENDA ITEM 7.F. - REGULAR COMMISSION MEETING OF JULY 7, 2015 PROCLAMATIONS MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: June 23, 2015 SUBJECT: AGENDA ITEM 7.G. - REGULAR COMMISSION MEETING OF JULY 7, 2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS JUNE 8, 2015 THROUGH JUNE 19, 2015 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 June 15, 2015 A. Approved with conditions (5 to 0, Gerald Franciosa and Steve Mackey absent), the Master Development Plan for Providence Living on Atlantic, to allow the construction of a 118 -unit assisted living facility accommodating 145 beds, located on the south side of West Atlantic Avenue, east of Military Trail within the Four Corners Area Overlay District. Concurrently, the Board took the following actions: i. Approved (5 to 0, Gerald Franciosa and Steve Mackey absent), a waiver to LDR Section 4.4.9(F) (3)(d)(1)(d), which requires a twenty-five foot (25') perimeter landscape buffer when abutting non - residentially zoned property, whereas no buffer is proposed. ii. Approved (5 to 0, Gerald Franciosa and Steve Mackey absent), a waiver to LDR Section 4.4.9(G) (3)(d)(4)(a), which requires that assisted living facilities provide a maximum of 75% residential use within a single freestanding building, whereas 100% residential use is proposed. iii. Approved (5 to 0, Gerald Franciosa and Steve Mackey), absent a waiver to LDR Section 4.4.9(G) (3)(d)(4)(b), which requires that assisted living facilities provide a minimum of 20% workforce housing units, whereas no workforce housing units are proposed. iv. Approved (5 to 0, Gerald Franciosa and Steve Mackey absent), a waiver to LDR Section 4.4.9(F) (3)(b)(1), which requires that the minimum floor area provided for two-bedroom units is 900 sq. ft., whereas a maximum of 602 sq. ft. is proposed for two-bedroom units. V. Recommended approval to the Site Plan Review and Appearance Board (5 to 0, Gerald Franciosa and Steve Mackey absent), a parking reduction of 104 spaces, whereas 187 spaces are required and 83 spaces are proposed. No other appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: Same Location as Item# A Above: Recommended approval with conditions (5 to 0, Gerald Franciosa and Steve Mackey absent), of a conditional use request for Providence Living on Atlantic, to allow the establishment of an assisted living facility within the Planned Commercial (PC) Zoning District within the Four Corners Area Overlay District, located on the south side of West Atlantic Avenue, east of Military Trail. B. Recommended approval with conditions (5 to 0, Gerald Franciosa and Steve Mackey absent), of the preliminary plat and certification of the final plat for Delray Preserve, associated with the construction of a proposed 188 -unit multiple family development located on the east side of North Federal Highway, approximately 460 feet north of Allen Avenue. C. Recommended approval with changes (5 to 0, Gerald Franciosa and Steve Mackey absent), of a City -initiated amendments to Land Development Regulations (LDRs) Section 4.4.13, Central Business District (CBD), for revisions to the regulations approved by Ordinance 02-15. Site Plan Review and Appearance Board Meeting of June 10, 2015 1. Approved with conditions (4 to 2, James Chard and Alice Finst dissenting and Andrew Youngross absent), a Class I site plan modification for architectural changes associated with a mural at 367 NE 3rd Avenue (east side of NE 4th Avenue, between NE 3rd Street and NE 4th Street). 2. Approved with conditions (5 to 1, Alice Finst dissenting and Andrew Youngross absent), a Class I site plan modification for architectural changes associated with a proposed awning for Salt 7, an existing restaurant located at the southwest corner of East Atlantic Avenue and SE 2nd Avenue (32 SE 2nd Avenue). 3. Approved with conditions (5 to 0, Jim Knight stepped down and Andrew Youngross absent), a Class II site plan modification and landscape plan for The Metropolitan Off -Site Parking Lot, associated with the construction of an eight (8) space private parking lot for use by the Suntrust Bank. The proposed parking lot is located on the west side of SE 4th Avenue, between East Atlantic Avenue and SE 1St Street. Concurrently, the Board approved (5 to 0, Jim Knight stepped down and Andrew Youngross absent), a waiver to LDR Section 4.6.16(H)(3)(d) to reduce the perimeter landscape strip from 5' to 2'l 1 3/a". 4. Approved with conditions (5 to 0, Jim Knight stepped down and Andrew Youngross absent), a Class V site plan and architectural elevation plan associated with the construction of a 57' high, five - story, mixed-use development containing 48 condominium units on the upper levels and 3,741 sq. ft. of retail, 1,318 sq. ft. of office and covered parking on the ground level for The Metropolitan, located at the northeast corner of SE 3rd Avenue and SE 1 st Street (33 SE 3rd Avenue). The landscape plan was approved with conditions on a 4 to 1 (James Chard dissenting and Andrew Youngross absent). Historic Preservation Board Meeting of June 17, 2015 5. Approved with conditions (6 to 0, Samuel Spear absent), a request for a Certificate of Appropriateness for window replacement at The Colony Hotel, an individually designated structure, located at the northwest corner of East Atlantic Avenue and NE 6th Avenue (525 East Atlantic Avenue). 6. Approved with conditions (6 to 0, Samuel Spear absent), a request for a Certificate of Appropriateness associated with the demolition of a one-story accessory structure, and construction of a two-story addition to a non-contributing building at 200 NE 5th Street, 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 June 8, 2015 thru June 19, 2015. OPERATING COST N/A TIMING OF THE REOUEST There is no sensitivity to this matter. FUNDING SOURCE N/A RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING A&0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH JULY 7, 2015 PLANNING & ZONING DEPARTMENT P&Z: 3. THE METROPOLITAN OFF-SITE PARKING LOT A. PROVIDENCE LIVING ON ATLANTIC 4. THE METROPOLITAN MIXED-USE DEVELOPMENT SPRAB: HPB: 1. 367 NE 3RD AVENUE 5. THE COLONY HOTEL [525 EAST ATLANTIC AVENUE] 2. SALT 7 6. 200 NE 5TH STREET Document Path: S:\Planning & Zoning\DBMS\GIS\City Commission Maps\City Commission Map 7-7-15.mxd a • I L..—� z N ' 6 j Lakelda Rd o 1 1 3 .r..—.. 1...—.. 46 .—..—.......—..; n t 2 1 1 1 S iJ i Atlantic Ave nd t 4 E d St ; 1.. 1 1 i..—•y Q > 1 — c a c � W 1 > 3 U a 1 (n o co Q U c a0 3i 10th St SE 10thv co owson Blvd C 1 1 inton Blvd v, _ ULinton Blvd 1 _ ............ 1 ! erman Ow ' 1 Q) m l 1 tn �•• . —..—• (n p, CD 1 rn C W o O QCo> i Q i O O co ..—..—..—..—..—..—..—..—..—..—.. —..—..—..—..— .. ..—..—..—..— �..�•� � U U �• 1 P&Z: 3. THE METROPOLITAN OFF-SITE PARKING LOT A. PROVIDENCE LIVING ON ATLANTIC 4. THE METROPOLITAN MIXED-USE DEVELOPMENT SPRAB: HPB: 1. 367 NE 3RD AVENUE 5. THE COLONY HOTEL [525 EAST ATLANTIC AVENUE] 2. SALT 7 6. 200 NE 5TH STREET Document Path: S:\Planning & Zoning\DBMS\GIS\City Commission Maps\City Commission Map 7-7-15.mxd MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: June 23, 2015 SUBJECT: AGENDA ITEM 7.H. - REGULAR COMMISSION MEETING OF JULY 7, 2015 AWARD OF BIDS AND CONTRACTS MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: July 2, 2015 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JULY 7, 2015 REPORT ON ATLANTIC CROSSING DISCUSSION Presentation by Simmons & White of its review of the two proposed site plan access alternatives for the Atlantic Crossing project. 4rT _t, SIMM0NS6,,,',\'x2rWH1TE ENGINEERING I PLANNING I CONSULTING I SINCE 1982 July 1, 2015 City of Delray Beach 100 NW IS' Avenue Delray Beach, Florida 33444 Attention: Mr. Donald B. Cooper City Manager Reference: Atlantic Crossing City of Delray Beach, Florida Dear Mr. Cooper: Simmons & White, Inc. was retained by the City of Delray Beach to provide an independent third -party review of the access (ingress/egress) alternatives for the Atlantic Crossing development generally located on the northeast corner of E. Atlantic Avenue and N. Federal Highway. The project is approved for a plan of development consisting of 37,642 SF of commercial area, 37,991 SF of restaurant area, 83,462 SF of general office area, and 343 multi -family residential units. Prior to being retained by the City, our office has had no involvement with the project, or the applicant. As you requested, our office has reviewed the data and information provided by the City staff including the following: 1. TCEA Traffic Impact Study prepared by Kiniley Horn & Associates 2. Trip Generation Summary analysis 3. Approved Site Plan, included as Appendix "A" 4. Alternative Site Plan — Option #I (two-way surface access from N. Federal Highway), included as Appendix "B" 5. Alternate Site Plan — Option #2 (one-way egress from N. Federal Highway), included as Appendix "C" 6. Projected project turning movements 7. Intersection analyses of adjacent intersections 8. Traffic analysis prepared by Susan E. O'Rourke, P.E, Inc. The purpose of our review was to perform a review of the information provided and determine the site access alternative that appears most appropriate with regard to traffic operations, circulation and efficiency with an emphasis on City residents and surrounding properties. Review considered the following items at a minimum: Simmons & White, Inc 2581 Metrocentre Boulevard West Suite 3 West Palm Beach Florida 33407 T: 561.478.7848 F: 561.478.3738 www.simmonsandwhite.com Certificate of Authorization Number 3452 Mr. Donald B. Cooper July 1, 2015 — Page 2 a.) Traffic generation of the proposed uses b.) On-site traffic circulation and parking (inclusive of patrons and vendors) c.) Interaction with the adjacent drawbridge over the Intracoastal Waterway d.) Queuing and Stacking at the project entrances and exits e.) Access to the adjacent Veterans Park f.) Closure of NE 71 Avenue north of NE Is' Street g.) Number of entrances to the on-site parking garages h.) Level of Service capacity and delay of the adjacent signalized intersections The project is located within the Delray Beach Traffic Concurrency Exception Area as well as the Coastal Residential Exception boundaries. Consequently, the project is not subject to traffic concurrency established by the Palm Beach County Unified Land Development Code and administered by the City. Notwithstanding the above, a traffic study was prepared by Kimley Horn & Associates on behalf of the applicant and a subsequent study was prepared by Susan E. O'Rourke, P.E., Inc. on behalf of The Florida Coalition of Preservation. Based on the data, analyses and calculations in these studies, the increase in traffic created by the new development over the existing/vested uses will equate to 2187 new daily trips, 83 AM peak hour trips and 169 PM peak hour trips. The trip generation calculated in these reports was based on rates provided by the ITE Trip Generation Manual, which is the accepted industry standard. The trip generation calculations are conservative in nature and do not account for the intermodal characteristics of the area or the internalization/interaction between the proposed uses or the Atlantic Avenue corridor as a whole. The approved Site Plan shown in Appendix "A" proposes a driveway connection between Building VI -South and Building 111. This ingress/egress was limited to provide access to only the underground parking garage. Two alternatives have now been introduced by the applicant. The first alternative (Option #1 shown in Appendix "B") modifies this underground garage access driveway into a surface street with two-way traffic ingressing and egressing the interior of the site. The second alternative (Option #2 shown in Appendix "C") provides ingress directly to the garage, but also provides "surface street" egress from the interior portion of the development directly to N. Federal Highway. Our review analyzed these two alternatives (Options # I and #2) with regard to traffic circulation, queuing and stacking at the project entrances and efficiency of traffic operations/impacts on surrounding roadways and neighborhoods. Mr. Donald B. Cooper July 1, 2015 — Page 3 OPTION # I — TWO-WAY ACCESS "STREET" As previously mentioned, Option #1 proposes a two-way surface street access between Building VI -South and Building 111. It also eliminates direct access from Federal Highway to the parking garage. This Option creates more accessibility for the overall site, but limits access to the parking garage from Federal Highway. The ingress provided by the two-way surface street access also creates an additional conflict point at the interior of the site, thereby increasing the potential for congestion. This congestion could lead to queuing and stacking spilling out onto the adjacent roadways. This Option also prevents vehicles exiting the parking garage (interior to the site) to egress to Federal Highway as the turning radius from the parking garage exit to the surface street exiting to Federal Highway is too tight for a passenger car to execute this movement. This has the potential of forcing cars south to Atlantic Avenue or through the Marina District to get to SE 1St Street. Option #1 also has the potential to create congestion interior to the project that could be detrimental to the adjacent roadway network. This Option has the feel of a narrow "back alleyway" which doesn't seem to fit with the characteristics of the plan. OPTION #2 — EGRESS ONLY CONNECTION Option #2 has ingress and egress access to Federal Highway, but the ingress is limited to access to the underground parking garage only. This Option also provides an additional egress point from the interior of the project. Option #2 increases the accessibility of the site and does not create the conflicts onsite that could lead to excessive queuing and back- ups. It also allows vehicles to egress from the northwest parking garage by providing a chicane that enlarges the turning radius for exiting cars. Of the two proposed alternatives, it is our professional option that Option #2 is the more efficient and desirable scenario. It increases accessibility to the site while limiting onsite conflicts, has less potential impact on the surrounding neighborhoods and better serves the City and residents. The following outlines some of the key points relative to each Option: Mr. Donald B. Cooper July 1, 2015 — Page 4 On -Site Traffic Circulation and Parking Our review focused on onsite traffic circulation, particularly with regard to pedestrian traffic. In most cases with large mixed-use developments, back-ups or incidents on the adjacent roadways are created by internal congestion and lack of maneuverability of vehicles (too many conflicts). As outlined above, Option #2 limits the internal conflicts points by providing egress only from the interior to the site. These internal conflicts are not limited to only vehicles, but also apply to pedestrians. Option #2 also creates additional access to the underground parking garage directly from Federal Highway. The vehicles entering the parking garage from Federal Highway will immediately be removed from the internal onsite circulation pattern (i.e., internal conflict points). Option #2 is the better alternative with regard to onsite circulation, parking accessibility and pedestrian maneuverability. Interaction with the Drawbridge over the Intracoastal Waterway All alternatives (the currently approved Site Plan, Options I and 2) are essentially equivalent in terms of the delays and impacts created by the drawbridge. The Atlantic Avenue Bridge opens on the 1/4 hour and 3/4hour when warranted. Delays created by the bridge openings are inevitable and will result in interim delays in the immediately adjacent areas. Drawbridges (like railroad crossings) create delays on a daily basis and are a part of life in South Florida Coastal Areas. Access to the Adjacent Veterans Park Both Options appear equivalent with regard to access to Veterans Park. They each provide essentially the same accessibility as the approved plan. Option #2 is, however, a better alternative by way of being more pedestrian friendly. Level of Service of Adjacent Intersections and Roadways Option #1 creates slightly better accessibility than Option #2 by allowing both ingress and egress to the interior of the site while Option #2 only allows ingress directly to the garage. This better accessibility equates to more dispersion of traffic onto and off the adjacent roadway network. Mr. Donald B. Cooper July 1, 2015 — Page 5 In summary, our professional opinion is that Option #2 with the ingress directly to the parking garage from Federal Highway and egress from the interior of the site directly to Federal Highway provides the more desirable access/ingress/egress and circulation alternative. Option #2 will also result in a lesser impact to the adjacent residential community by way of allowing internal egress from the parking garage directly to Federal Highway. Please let me know if you have any questions or if you require any additional information. Our office will be in attendance at the July 7, 2015 City Commission meeting to answer any questions by the Commission. I L 20'15 RFR/sa v/docs/mischr/Rennebaum/15072.cooper Atlantic Crossings Job No. 15-072 APPENDIX A Currently Approved Site Plan ENGINEERING I PLANNING I CONSULTING I SINCE 1982 SIMMCNS WHITE R AL in NLl sa,:vl 6 1 YY I, } II� I1 j r ..�' . -' p.. ■ ■ _ � eR --" � ...'moi PiI F.° III II _ I ) G . a' / �uuL. fi �. I' � Atlantic Crossings Job No. 15-072 APPENDIX B Proposed Option #1 Two -Way Surface Street to/from Federal Highway (No direct access to parking garage from Federal Highway) ENGINEERING I PLANNING I CONSULTING I SINCE 1982 SIMMCNS WHITE Atlantic Crossings Job No. 15-072 APPENDIX C Proposed Option #z One -Way Surface Street Egress to Federal Highway (Ingress into parking garage from Federal Highway) ENGINEERING I PLANNING I CONSULTING I SINCE 1982 SIMMCNS WHITE MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Lisa Herrmann, Planning, Budget and Control Manager THROUGH: Donald B. Cooper, City Manager DATE: June 11, 2015 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JULY 7, 2015 RESOLUTION NO. 30-15: FY 2014/2015 BUDGET AMENDMENT BACKGROUND Overall, compared to the approved budget, general fund expenses increased by $2.21 million (including $327,252 in encumbrances). Revenue is expected to increase by $1.18 million. The net result is a $708,143 reduction in the Manager's contingency fund, from $1.88 million to $1.18 million. The proposed amended general fund budget reflects both results to date and anticipated future changes. Notable revenue changes include realized increases in several categories, such as property taxes, franchise fees, and charges for services, all of which reflect increased economic activity. Partially offsetting this is our recommendation to remove the formerly budgeted $1 million CRA prepayment of fees related to the old library site reverter clause. Expenses increased in several categories associated with revenue increases and anticipated hiring in support of level of service improvements. The largest items were the cost of the initial year of the Police Department labor settlement, which had been anticipated in the contingency; and, a reserve for unpaid prior years' OIG fees. The 2015 Utility bond issue raised $42.29 million in proceeds, $27.16 million of which was used to refund the 2007 Utility bond issue and $ 6.1 million of which was used to pay the remaining balance of the bank loan for the Federal Highway project. The remaining $9 million "new money" proceeds was placed in the General Construction Fund in anticipation of future projects. The attached Exhibit A and Narrative provide details of the proposed changes for all major funds. DISCUSSION RECOMMENDATION Approve by majority vote Resolution 30-15 amending the Fiscal Year 2014 - 15 budget. RESOLUTION NO. 30-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 48-14 ADOPTED SEPTEMBER 16, 2014 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2014/2015, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2014/2015; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 48-14 adopted by the City Commission of the City of Delray Beach, Florida, on September 16, 2014, is hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1s` day of October, 2014, and ending the 30ffi day of September, 2015, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1s` day of October, 2014, and ending the 30`'' day of September, 2015. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30'' day of September, 2014, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1s` day of October, 2014. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s` day of October, 2014. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Chief Financial Officer to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 4, 2014, and September 16, 2014. ATTEST: City Clerk Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 7th day of July, 2015. MAYOR RES. NO. 30-15 CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM -DELINQUENT AD VALOREM - DDA Sales & Use Taxes Utility Taxes Other Taxes Franchise, Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES EXPENDVTURES/EXPENSES: General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDVTURES/EXPENSES Reserves TOTAL EXPENDVTURES AND RESERVES 7.1611 0.3028 1.0000 Exhibit A Budget Summary As Amended Gana., F.na DOWNTOWN SPECIAL Amended DEVELOPMENT ENTERPRISE REVENUE FY 14/15 FUND FUNDS FUNDS TOTAL 327,252 0 0 49,778,460 2,084,260 50,000 0 1,400,000 6,070,000 3,980,000 10,345,780 7,896,152 11,001,042 1,013,350 7,309,534 3,571,230 0 104,499,808 0 104,827,060 11,126,977 60,886,450 566,140 3,819,110 8,035,110 47,750 13,209,875 3,574,138 2,388,153 103,653,703 0 1,173,357 104,827,060 9,063,397 66,505 9,457,154 0 0 0 49,778,460 0 0 0 2,084,260 0 0 0 50,000 612,748 0 0 612,748 0 0 0 1,400,000 0 0 0 6,070,000 0 0 0 3,980,000 0 1,800 0 10,347,580 0 67,750 1,601,381 9,565,283 0 41,250,968 0 52,252,010 0 0 114,250 1,127,600 61,000 250,840 317,523 7,938,897 0 109,000 1,024,620 4,704,850 673,748 41,680,358 3,057,774 149,911,688 673,748 50,743,755 3,124,279 159,368,842 0 0 0 0 634,123 0 0 0 0 634,123 0 0 31,609,952 0 0 0 3,924,256 2,758,515 8.158.120 46,450,843 0 11,126,977 114,250 61,000,700 0 32,176,092 0 3,819,110 2,121,604 10,790,837 0 47,750 875,690 18,009,821 0 6,332,653 0 10,546,273 3,111,544 153,850,213 39,625 4,292,912 12,735 5,518,629 673,748 50,743,755 3,124,279 159,368,842 pp qft�yV! 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C R Ln P u y 14 i' u LU a a� V) a� tw L Qf c .O O n vi 4 c � o Q.a u hA ay N Q LnL t v V a v ° �12 o C n o c o a 4 - Q - ) do O W 4 , N u aJ "p �. x o V v U N a TL C7 v Q � p n :3 + 4 L E iia O m L v U O a' 'WV h-22 N . G a1 O u pp 0 u GoC B a n c aJ Ln c Qy .0 .0 t,3 +' u o Zs u V U �i C LL Q) 0 u v- 0 C7 3 a a x J coo C) cv. VH tIq r+ � C 4- ' . a d a G [6 0 E Q Y L ro -O a O 3 O a N C >. � cCCC ` v v O uac a in CL 7C y., fA fA V m' u � LU O L) Q) p O u O a u —0 � O r aj to ro 3 a u LL r-! at •� n cy +� rd N �!# 9 n i t4 1 [� D CL 4 L M .j3: E q 4/1 W 00 0 ry v a o 0 LM 11 0 �14 N M v a 0 C v E u N O � O a !L Os lil a) b0 ro u W. rLo O ' m y, C 'a O O .}, O u M -0 w rn L.L Q MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 2, 2015 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JULY 7, 2015 RESOLUTION NO. 36-15/BEST INTEREST RESOLUTION -CLASSIC AUTO COLLISION CORP. BACKGROUND The Fleet Division is requesting approval of a Best Interest Resolution, to increase expenditure limit with Classic Auto Collision Corp. in an amount not to exceed $30,000.00 for this fiscal year. To date this fiscal year, the City has paid Classic Auto Collision Corp. $15,824.49 for multiple collision repairs. Classic Auto Collision Corp. of Delray Beach was assigned a collision repair job to Police Car 1311 in September, 2014 with an initial repair appraisal of $7,035.69. This authorization resulted in cumulative expenditures with Classic Auto Collision Corp. in the amount of $22,860.18. During the repair process, which included the disassembly of the vehicle, a subsequent appraisal was submitted to cover the additional hidden damages discovered after repairs had been initiated. This included $5,164.97 in additional costs, bringing the repair total to $12,200.66, which results in a cumulative fiscal year to date expenditure of $28,025.15. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission consider approval of payment to Classic Auto Collision Corporation for repairs to Police Car 1311, in the amount of $12,200.66. TIMING OF THE REQUEST As these repairs were initially assigned to this vendor last year and have been completed since March, 2015, expeditious approval is requested. FUNDING SOURCE Funding is available from Police Department Account Code 501-3311-591-52.52. RECOMMENDATION Through a Motion, approve of Best Interest Resolution No. 36-15, and expenditure limit of $30,000.00 with Classic Auto Collision Corp. RESOLUTION NO. 36-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING ACQUISITIONS WITH CLASSIC AUTO COLLISION CORP. NOT TO EXCEED $30,000 FOR FISCAL YEAR 2015 FOR ACCIDENT/COLLISION REPAIRS TO CITY VEHICLES, DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE ACQUISITIONS FROM CLASSIC AUTO COLLISION CORP. OF DELRAY BEACH IS IN THE BEST INTEREST OF THE CITY, UNTIL SUCH TIME THAT AN RFQ IS ISSUED BY THE PURCHASING DEPARTMENT FOR SERVICES RELATED TO COLLISION REPAIRS TO CITY VEHICLES. WHEREAS, the Risk Management Division utilizes an independent insurance adjuster for automobile damages as a result of property and casualty insurance claims; and WHEREAS, the independent insurance adjuster determines the amount the City will pay for auto body repair damages; and WHEREAS, Classic Auto Collision Corp. of Delray Beach has agreed to complete repairs based at a cost not to exceed the cost estimate provided by the independent insurance adjuster; and WHEREAS, Classic Auto Collision Corp. of Delray Beach is a local business; and WHEREAS, Classic Auto Collision Corp. of Delray Beach, in accordance with Section 36.02(B) Method of Acquisition, Written Quotation Method of the City Code of Ordinances, has provided repair services for multiple vehicle collisions within the prices quoted by the City's independent insurance adjuster; and WHEREAS, prior fiscal year expenditures with Classic Auto Collision Corp. was $31,203.87 (approved by City Commission August 5, 2014); and WHEREAS, the cumulative multiple expenditures to date for Fiscal Year 2015 with Classic Auto Collision Corp. has reached $15,824.49; and WHEREAS, the City of Delray Beach Fleet Maintenance Department recognizes that multiple collision repair acquisitions have occurred over the course of the year, and will total over $25,000; and WHEREAS, exceeding this amount of spending requires prior Commission approval under Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding X25,000 in Any Fiscal Year'; and WHEREAS, the City's Purchasing Department is in the process of preparing a RFQ for Collision Repair related services; and WHEREAS, City of Delray Beach Fleet Maintenance Department received Police vehicle 1311 with heavy collision damage on August 28, 2014, and the preliminary repair appraisal received from Intercity Auto Appraisals, the independent insurance adjuster for automobile damages on September 5, 2014 quoted a repair cost of $7,035.69; and WHEREAS, City of Delray Beach Fleet Maintenance Department initially assigned the repair job for Police vehicle 1311, to Classic Auto Collision Corp. in September, 2014, and after dis-assembly much hidden damage was discovered; and WHEREAS, City of Delray Beach Fleet Maintenance Department received a supplemental repair appraisal from Intercity Auto Appraisals on December 15, 2014 awarding an additional $5,164.97 in repairs, for a total of $12,200.66; and WHEREAS, City of Delray Beach Fleet Maintenance Department seeks approval to make payment to Classic Auto Collision Corp. for repairs to Police vehicle 1311 in an amount of $12,200.66, and not to exceed $30,000 for Fiscal Year 2015, provided acquisitions are in accordance with Section 36.02(B) Method of Acquisition, Written Quotation Method of the City Code of Ordinances; and WHEREAS, Section 36.02(c)(11) — Best Interest Acquisitions, of the City's Code of Ordinances provides that the City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four -fifth (4/5) affirmative vote that waiving the Sealed Competitive or the Written Quotation Method is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-fifths affirmative vote, that the waiving the City's Sealed Competitive Method or Written Quotations Procurement Method is in the best interest of the City at this time; and further declares that acquisitions with Classic Auto Collision Corp. of Delray Beach, in accordance with City's Code of Ordinances Chapter 36, Section 36.03(B), "MultpleAcguisitions from Vendor Exceeding x`25,000 in Any Fiscal Year", in the amount not to exceed Thirty Thousand 00/100 dollars ($30,000) for Fiscal Year 2015, is in the best interest of the City. Section 3: This Resolution shall take effect July 7, 2015. 2 Res No. 36-15 PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of 12015. ATTEST: City Clerk MAYOR Res No. 36-15 Date: 3-23-2015 Claim # 55133 CLASSIC AUTO COLLISION CORP 445 NE 6th Ave Delray Beach, Florida 33483 (569) 265-2529 (561) 265-2601 (fax) Invoice for Services Rendered Federal Tax Id # 651159917 13t1 Customer Name: City Of Delray Beach Vehicle M 311 Year: 2013 Make: Ford Model: Taurus Vin#: 1 FAHP2M87DG148689 Paint Material Labor/Sheet Metal Frame LaborlReinish Mechanical Sublet Repairs Parts Towing Wow .2-735q OPLFAG'r�-- Pry yy vollido 1-10 �� il'o)(:4U Summary of Repairs $ 360.00 $1297.80 $126.00 $ 604.80 $ 790.50 $ 972.14 $ 7924.42 $126.00 Total Due: $ 12,200.66 Owner MEMBER I.A.D.A. INTERCITY AUTO APPRAISAL SERVICE, INC. 8761 OLDHAM WAY WEST PALM BEACH, FL 33412 PHONE: 561-203-2975 FAX: 561-828-8192 EMAIL: INTERCITY@COMCAST.NET OR 42FASTBOAT@COMCAST.NET *** PRELIMINARY ESTIMATE *** Control Information Inspection Repairer Owner: city of delray bch Claim #: 55133 Loss Date/Time: Deductible: None Ins. Company: DELRAY BCH Company Contact: ROBIN/KEVIN Insured: CITY OF DELRAY BCH Inspection Date: 09/03/2014 Inspection Location: CLASSIC AUTO City State Zip: Delray Beach, FL 33444 Primary Impact: Front Appraiser Name: BOB E STANCIL Address: 30 0 NORTH OCEAN DRIVE 22A INTERCITY@COMCAST. NET City State Zip: Singer Island, FL 33404 Email: 42FASTBOAT@COMCAST. NET Repairer: CLASSIC AUTO BODY Address: 445 6 AVE City State Zip: DELRAY BCH, FL 33483 Target Complete Date/Time: Vehicle 2013 Ford Taurus Police Intercptr 4 DR Sedan 6cyl Gasoline 3.5 6 -Speed Automatic Lic.Plate: 311 Lic Expire: Prod Date: Veh Insp# : Condition: Excellent Ext. Color: WHITE Ext. Refinish: Two -Stage 09/04/2014 01:17 PM Insured Policy # : UNIT 311 Loss Type: Collision Inspection Type: Field Contact: FAX: Secondary Impact: Appraiser License #: Work/Day: (561)371-7254 Home/Evening: (561)371-7254 FAX: (561)828-8192 Contact: PHIL Work/Day: (561)265-2529 FAX: Days To Repair: 9 Lic State: VIN: 1 FAHP2M87DG148689 Mileage: 0 Mileage Type: Non Readable Code: P3133G Int. Color: Int. Refinish: 09/04/2014 01:22 PM Page 1 of 4 2013 Ford Taurus Police Intercptr 4 DR Sedan Claim # : 55133 Options 09/04/2014 01:17 PM 1st Row LCD Monitor 2nd Row Head Airbags 4 -Wheel Drive AM/FM CD Player Active Grille Shutter Air Conditioning Anti -Lock Brakes Auto Headlamp Control Automatic Dimming Mirror Bucket Seats Center Console Chrome Grille Cruise Control Dual Airbags Floor Mats Fog Lights Halogen Headlights Head Airbags Illuminated Visor Mirror Intermittent Wipers Lighted Entry System MP3 Player Mud/Splash Guards Overhead Console Power Brakes Power Door Locks Power Drivers Seat Power Mirrors Power Steering Power Windows Rear Window Defroster Rem Trunk-L/Gate Release Side Airbags Split Folding Rear Seat Stability Cntrl Suspensn Steel Wheels Strg Wheel Radio Control Tachometer Theft Deterrent System Tilt & Telescopic Steer Tinted Glass Tire Pressure Monitor Traction Control System Trip Computer Velour/Cloth Seats Wood Interior Trim 11 E Damages Line Op Guide MC Description Front Bumper $164.18 1 E 6 Cover,Front Bumper 2 L 6 13 Cover,Front Bumper 3 E 5 Reinf,Front Bumper 4 E 7 Absorber,Front Bumper Front End Panel And Lamps 5 E 28 Grille Assembly 6 SM 119 Emblem,Grille 7 E 41 Headlamp Assy,Halogen LT 8 E 42 Headlamp Assy,Halogen RT 9 N 973 Headlamps Aim 10 E 29 Cover,Rad Supt Panel Radiator Support SM AG1Z8A193A 11 E 76 Panel,Radiator Supt 12 E 81 Defl, Radiator Upr Air 13 E 71 Brkt,Rad Pnl Mounting LT 14 E 72 Brkt,Rad Pnl Mounting RT Coolina And Air Conditionina 15 E 755 01 Radiator 16 N 986 A/C Evac Rechrg & Rcvr 17 E 731 Condenser,A/C Front Body And Windshield 18 E 83 Panel,Hood 19 L 83 Panel,Hood 20 1 103 Fender,Front LT 09/04/2014 01:22 PM MFR.Part No. Price ADJ% B% Hours R EG1Z17D957DPTM Refinish 2.5 Surface 0.6 Two-stage setup 0.5 Two-stage DG1Z17757A DG1Z17C882A $565.52 -10.00 $211.90 -10.00 $107.18 -10.00 2.0 SM 3.6 RF 0.4 SM INC SM DG1Z8200AA $164.18 -10.00 INC SM Replace OEM INC -10.00 SM DG1Z13008D $632.08 -10.00 INC SM DG1Z13008B $632.08 -10.00 INC SM Additional Labor 0.4 SM DG1Z8A284AA $62.50 -10.00 INC SM DG1Z16138A $228.28 -10.00 7.8 SM DG1Z8326D $37.48 -10.00 INC SM AG1Z8A193A $8.85 -10.00 INC SM AG1Z8A193A $8.85 -10.00 INC SM DG1Z8005F $354.71 -10.00 INC SM Additional Labor 1.8 ME DG1Z19712B $188.45 -10.00 INC ME DG1Z16612A $754.13 -10.00 1.7 SM Refinish 4.9 RF 3.1 Surface 1.2 Edge 0.6 Two-stage Repair 3.0* SM Page 2 of 4 2013 Ford Taurus Police Intercptr 4 DR Sedan Claim # : 55133 09/04/2014 01:17 PM 21 L 103 Fender,Front LT Refinish 2.4 RF 2.0 Surface 0.4 Two-stage 22 E 104 Fender,Front RT DG1Z16005B $319.05 -10.00 1.8 SM 23 L 104 Fender,Front RT Refinish 2.9 RF 2.0 Surface 0.5 Edge 0.4 Two-stage 24 RI 103 Front Fender R & I LT R & I Assembly 1.3 SM 25 NG 143 01 W/Shield,W/Antenna S NAGS DW1786-GB $351.70 3.1 SM 26 EC 146 Sealant Kit,W/Shield QUALITY REPL. PART $22.00 INC SM Upper Steerina Components 27 E 793 Airbag,Steering Wheel DG1Z78043B13AA $369.53 -10.00 0.3 ME Manual Entries 28 EC PUSHBAR ASSY QUALITY REPL. PART $313.00 3.5* SMS 29 E STROBE KAMPS OPEN Replace OEM $0.00* -10.00 SMS 30 1 R/R DECALS Repair 1.1* SMS 31 E POSSIBLE SRS COMPUTER OPEN Replace OEM $0.00* -10.00 SMS 32 1 RESET SRS Sublet Repair $150.00 SMS 32 Items MC Message 01 CALL DEALER FOR EXACT PART # / PRICE 13 INCLUDES 0.6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE Estimate Total & Entries Gross Parts $4,644.77 Other Parts $686.70 Paint Materials $345.00 Line Item Discount $464.48 - Parts & Material Total $5,211.99 Labor Rate Replace Repair Hrs Total Hrs Hrs Sheet Metal (SM) $38.00 21.6 4.5 26.1 $991.80 Mech/Elec (ME) $75.00 0.3 1.8 2.1 $157.50 Frame (FR) $38.00 Refinish (RF) $38.00 13.8 13.8 $524.40 Paint Materials $25.00 Labor Total 42.0 Hours $1,673.70 Sublet Repairs $150.00 Gross Total $7,035.69 Less: Deductible None - Net Total $7,035.69 Alternate Parts Y/00/00/00/00/00 CUM 00/00/00/00/00 Zip Code: 33404 Geo 33405 Recycled Parts NOT REQUESTED Audatex Estimating 7.0.334 ES 09/04/2014 01:22 PM REL 7.0.334 DT 08/01/2014 Copyright (C) 2013 Audatex North America, Inc. 09/04/2014 01:22 PM Page 3 of 4 2013 Ford Taurus Police Intercptr 4 DR Sedan Claim # : 55133 2.5 HRS WERE ADDED TO THIS ESTIMATE BASED ON AUDATEX'S TWO-STAGE REFINISH FORMULA. THIS IS NOT AN AUTHORIZATION TO REPAIR. AUTHORIZATION COMES FROM OWNER. NO SUPPLEMENTS WITHOUT PRIOR APPROVAL. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE. Op Codes = User -Entered Value EC = QUALITY REPL. PART ET = Partial Replace Labor TE = Partial Replace Price L = Refinish TT = Two -Tone BR= Blend Refinish CG= Chipguard AA = Appearance Allowance E = Replace OEM OE= Replace PXN OE Srpls EP = QUAL. REPL. PRT. RPT PM= Replace PXN Reman/Reblt PC= Replace PXN Reconditioned SB = Sublet Repair I = Repair RI = R & I Assembly RP= Related Prior Damage NG = Replace NAGS UE = Replace OE Surplus EU = LIKE KIND & QUAL.PRT UM= Replace Reman/Rebuilt UC = Replace Reconditioned N = Additional Labor IT = Partial Repair P = Check 09/04/2014 01:17 PM This report contains proprietary information of Audatex and may not be disclosed to any third party (other than the insured, claimant and others on a need to know basis in order to effectuate the claims process) without Au da tex Audatex's prior written consent. Copyright (C) 2013 Audatex North America, Inc. Audatex Estimating is a trademark of Audatex North America, Inc. 09/04/2014 01:22 PM Page 4 of 4 � �?M,�,i,�n� dl"'S�'.:';•1'TRty\Ii�W�NI�."�Y.� Control Information Inspection K4EMBER|��D�� INTERCITY AUTO APPRAISAL SERVICE, INC. 8761OLDHAM WAY WEST PALM BEACH, FL33412 PHONE: 561-2O3-2875FAX: 561-828-8182 EMAIL: I NTE RCITY@COM CAST. NET OR 42FASTBOAT@COMCAST. NET Owner: city of delray bch Clahm#: 55133 Loaanate/Tlme: Deductible: None Ins. Company: DELRAY BCH Company Contact: ROBIN/KEVIN Insured: CITY OFDELRAYBCH Inspection Date: 08X03/2014 Inspection Location: CLASSIC AUTO City State Zip: Delray Beach, FL33444 Primary Impact: Front Appraiser Name: BOB ESTAN[1L Address: 246ELVVAPLACE |NTERC|TY@COK4CAS[NET City State Zip: West Palm Beach, FL33405 Email: 42FAGTBOAT@COK4CAS[NET QrigAppraiser Name: BOB ES77\NC|L Address: 3OOONORTH OCEAN DRIVE | NTE RC|TY@COMCAST. NET City State Zip: Singer Island, FL33404 Email: 42FAGTBOAT@COK4CAS[NET 08X04/20140117PK4 G1 12/13/201405:30PM I Insured Policy #: UNIT 311 |nepontkonTypo: Field Contact: Secondary Impact: Appraiser License #: VVnrbDJay: (561)371-7254 Home/Evening: (561)371-7254 FAX: (561)828-8192 Appraiser License #: Work/Day: (561)371-7254 Home/Evening: (561)371-7254 FAX: (561)828-8192 Repairer: CLASSIC AUTO BODY Contact: PHIL Address: 4456AVE VVnrbDJay: (561)265-2528 City State Zip: DELRAY BCH, FL 33483 FAX: Target Complete Dato/Dmo: Days TnRepair: O POSSIBLE HIDDEN DAMAGE ASEXPECTED THE AIR BAG SYSYTEK4NEEDED SEVER PARTS|NCCOMPUTERS ADDITIONAL DAMAGE TOCOOLING AND ENGINE COVBERFOUND 12/13/2014 05:54 PM Page 1 of 5 2013 Ford Taurus Police lntercptr^DR Sedan 09/04/2014 01:17 PM Claim#: 55133 12/13/2014 05:30 PM I Vehicle 2013 Ford Taurus Police |ntemptr4DRSedan 6cyl Gasoline 3.5 6 -Speed Automatic UcPlate: 311 UcState: UcEopire: VI N: 1FAHP2M87DG148889 Prod Date: Mileage: O Voh|nep#: Mileage Type: Non Readable Condition: Excellent Code: P3133G Ext Color: WHITE Int. Color: Ext. Refinish: Two -Stage Int. Refinish: am 1st Row LCD Monitor AM/FM CDPlayer Anti -Lock Brakes Bucket Seats Cruise Control Fog Lights Illuminated Visor Mirror MP3 Player Power Brakes Power Mirrors Rear Window Defroster Split Folding Rear Seat StrgVVhaa| Radio Control Tilt & Telescopic Steer Traction Control System Wood Interior Trim 2nd Row Head Airbags Active Grille Shutter Auto Headlamp Control Center Console Dual Airbags Halogen Headlights Intermittent Wipers K4ud/Sp|aohCuando Power Door Locks Power Steering Rem Trunk-UCakyRelease Stability CntdSuopanon Tachometer Tinted C|aoo Trip Computer 4 -Wheel Drive Air Conditioning Automatic Dimming Mirror Chrome Grille Floor Mats Head Airbags Lighted Entry System Overhead Console Power Drivers Seat Power Windows Side Airbags Steel Wheels Theft Deterrent System Tire Pressure Monitor Va|our/C|othSaaio DamagesI Line Op Guido MC Description 08FG.Part No. Price ADJ%B% Hours G Front Burnpe� INC SM 8 Deflector, Radiator [[ 119 1 E 6 Cover, Front Bumper EC1Z17D857DPTK4 $565.52 S1 2.1 SM 2 L 6 13 Cover, Front Bumper Refinish Headlamp Aooy.Ha|ogenLT 3.6 RF S1 INC 2.5 Surface 8 E 42 Headlamp Aooy.Ha|ogenRT DG1Z13008B 0.6 Two-stage setup S1 INC SM Q N 0.5 Two-stage Headlamps Aim Additional Labor 3 E 5 Rain[FrontBumpar DC1Z17757A $211.80 S1 0.4 SM 4 E 7 Aboorbar.FmntBumpar DC1Z17C882A $107.18 S1 INC SM Front End Panel And Larnos 5 E 28 Grille Assembly DG1Z8200AA $18418 S1 INC SM 8 Deflector, Radiator [[ 119 Emblem.Gh|le Replace OEM INC S1 13 SM 7 E 41 Headlamp Aooy.Ha|ogenLT DG1Z13008D $841.12° S1 INC SM 8 E 42 Headlamp Aooy.Ha|ogenRT DG1Z13008B $841.12° S1 INC SM Q N 973 Headlamps Aim Additional Labor 0.4 SM 10 E 29 Cover.RadSupt Panel DG1Z8A284AA s82.50 S1 INC SM GadiatnrSuoonrt 11 E 76 Panel, Radiator Supt DC1Z16138A $228.28 S1 7.8 SM 12 E 45 Deflector, Radiator [[ DC1Z8311J $113.38° S1 INC SM 13 E 46 Deflector, Radiator RT DC1Z8310J $142.63 S1 INC SM 14 E 81 DaD.RadiatorUprAir DC1Z8326D $37.48 S1 INC SM 12/13/201405.54rw Page zms 2013 Ford Taurus Police lnter�^DR Sedan ��#.�`� �w�^01:17 PM 12n3/201405:30rw 15 E 71 Brkt.RadRnI Mounting LT AC1Z8A183A $8.85 S1 INC SM 16 E 72 Brk1RadPn|Mounting RT AC1Z8A183A $8.85 S1 INC SM 17 E 1866 Seal, Radiator RT DC1Z8310A $6.13° S1 INC SM Coolina And Air Conditionina 18 E 755 01 Radiator DC1Z8005F $448.66° S1 INC SM 18 E 760 01 Fan Aooy.EngCooling DC1Z8C607C $235.42° S1 INC K4E° 20 N 886 A/C Evac Raohrg&Rovr Additional Labor 1.8 ME 21 E 731 Condanoar.AJC DC1Z18712B $188.45 S1 INC ME Front Body And Windshield 22 E 83 Pana|.Hood DC1Z16612A $754.13 S1 1.7 SM 23 L 83 Pana|.Hood Refinish 4.8 RF 3.1 Surface 1.2 Edge 0.6 Two-stage 24 E 88 Latoh.HoodPana| AC1Z16700A $60.68 S1 INC SM 25 E 84 Hinga.HoodPanel LT AC1Z16787A $36.45 S1 0.2 SM 26 L 84 Hinga.HoodPanel LT Refinish S1 0.3 RF 0.3 Gudaoa 27 E 85 Hinga.HoodPanel RT AC1Z16786A $36.45 S1 0.2 SM 28 L 85 Hinga.HoodPanel RT Refinish S1 0.3 RF 0.3 Surface 28 | 103 Fender, Front [[ Repair 3.0° SM 30 L 103 Fender, Front [[ Refinish 2.4 RF 2.0 Surface 0.4 Two-stage 31 E 104 Fender, Front RT DC1Z16005B $318.05 S1 1.8 SM 32 L 104 Fender, Front RT Refinish 2.8 RF 2.0 Surface 0.5 Edge 0.4 Two-stage 33 R| 103 Front Fender R&|LT R&|Assembly 1.3 SM 34 NG 143 01 VV/Shia|d.W/AnkynnaS NACSDVV1786-CB $351.70 3.1 SM 35 EC 146 Saa|antKitVV/Shia|d QUAL|TYREPL PART $22.00° INC SM Engine And Components 36 E 1778 Covar.Va|vaLT BR3Z6582K4 $72.23 S1 1.3° ME 37 E 786 Air Cleaner Assembly AA5Z8A600B $107.10 S1 INC ME Upper Steering Components 38 E 831 Clock Spring CT4Z14A664A $148.52 S1 1.0 ME 38 E 783 Airbag.StaaringVVhaa| DC1Z78043B13AA $368.53 S1 INC ME Manual Entries 40 | K431 Set -Up For Realignment Repair S1 3.0° FR 41 EC PUSHBAR ASSY QUALITY REPLPART $313.00° 3.5° SK4° 42 E STROBE KAK4PSOPEN Replace OEM $O.00° S1 SK4° 43 | FDRDECALS Repair 1.1° SK4° 44 E POSSIBLE SRS COMPUTER OPEN Replace OEM $O.00° S1 SK4° 45 | RESET SRS Sublet Repair $150.00° SK4° 46 E BUMPER GRILLE' Replace OEM $61.85° S1 0.3° SK4° 47 E AIR HOSE Replace OEM $63.82° S1 O.3° K4E° 48 E RTIMPACT SENSOR Replace OEM $68.85° S1 O.3° K4E° 48 | SRS DIAGNOSE Repair S1 2.6° K4E° 50 E LT BELT TENS|ONER Replace OEM $122.33° S1 O.5° K4E° 51 E LT FRT SEAT BELT ASSY Replace OEM $260.10° S1 1.0° K4E° 52 E SRS D|ACUNIT Replace OEM $387.88° S1 O.5° K4E° 53 E COK4PONENTDC1ZB2OOAA Replace OEM $164.18° S1 SK4° 54 SB STROBES ARE US SUBLET Sublet Repair $722.14° S1 SK4° 55 E SRS SENSOR UNIT Replace OEM $380.62° S1 SK4° 56 | CORE CHARGES X2 Sublet Repair $100.00° S1 SK4° 57 | PULL SQUARE FRAME FRONT Repair S1 4.0° SK4° ,o,mzo,^os.s^rw Page oms 2013 Ford Taurus Police Intercptr 4 DR Sedan Claim # : 55133 57 Items 0910412014 01:17 PM 1211312014 05:30 PM MC Message 01 CALL DEALER FOR EXACT PART # 1 PRICE 13 INCLUDES 0.6 HOURS FIRST PANEL TWO-STAGE ALLOWANCE Estimate Total & Entries Gross Parts $7,237.72 Other Parts $686.70 Paint Materials $360.00 Parts & Material Total $8,284.42 Labor Rate Replace Repair Hrs Total Hrs Hrs Sheet Metal (SM) $42.00 22.4 8.5 30.9 $1,297.80 Mech/Elec (ME) $85.00 4.9 4.4 9.3 $790.50 Frame (FR) $42.00 3.0 3.0 $126.00 Refinish (RF) $42.00 14.4 14.4 $604.80 Paint Materials $25.00 Labor Total 57.6 Hours $2,819.10 Sublet Repairs $972.14 Towing $125.00 Gross Total $12,200.66 Less: Deductible None - Net Total $12,200.66 Rates 1 Taxes Adjustment S1 Actual Supplement Total $5,164.97 Less: Previous Net Total $7,035.69 - Net Supplement Total $5,164.97 Alternate Parts YI00100100100100 CUM 00100100100100 Zip Code: 33404 Geo 33405 Recycled Parts NOT REQUESTED Audatex Estimating 7.0.334 S1 1211312014 05:54 PM REL 7.0.334 DT 1010112014 DB 1210812014 Copyright (C) 2013 Audatex North America, Inc. 2.5 HRS WERE ADDED TO THIS ESTIMATE BASED ON AUDATEX'S TWO-STAGE REFINISH FORMULA. THIS IS NOT AN AUTHORIZATION TO REPAIR. AUTHORIZATION COMES FROM OWNER. NO SUPPLEMENTS WITHOUT PRIOR APPROVAL. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE. Op Codes 1211312014 05:54 PM Page 4 of 5 2013 Ford Taurus Police lntercptr^DR Sedan Claim#: 55133 ~ = User -Entered Value EC=QUALITY REPLPART ET= Partial Replace Labor TE= Partial Replace Price L = Refinish TT=Two-Tone BR= Blend Refinish CG=Chipguard AA=Appearance Allowance E = Replace OEM OE=Replace PXNOESrp|a EP=QUAL. REPLPRT. RPT PM= Rmp|auaPXN Rmman/Rmb|t PC= Replace PXNReconditioned SB= Sublet Repair | = Repair R| =R&|Assembly RP= Related Prior Damage NG=Replace NAGS UE=Replace OESurplus EU=LIKE KIND &OUAL.PRT UM= Rmp|aomRmman/Rmbuib UC= Replace Reconditioned N = Additional Labor IT = Partial Repair P =Chmok 09/04/2014 01:17 PM 12/13/2014 05:30 PM This report contains proprietary information ofAudatexand may not bmdisclosed toany third party (other than �w� the inaumd.d�mandand odhmr onaneed toknow basis inorder tomfe�u�mdhmdaimaproomaa)wdhout �r ��~��~8��n� Audahax�phorwr�mnconsent. ---~~~ Copyright (C)2Oi3AudatexNorth America, Inc. Audatex Estimating is a trademark of Ad ky North Ai Inc. 12/13/2014 05:54 PM Page 5 of 5 I I r IF w li- ll-ia MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 1, 2015 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JULY 7, 2015 SERVICE AUTHORIZATION NO. 12-07 / CALVIN GIORDANO AND ASSOCIATES, INC. /S.E. 4TH AVENUE BEAUTIFICATION BACKGROUND Request consideration for approval of Service Authorization No. 12-07 with Calvin, Giordano and Associates, Inc. (CGA) in the amount of $129,968.16 ($100,000 from CRA, $29,968.16 from Stormwater Fund) for professional design services for the SE 4th Avenue Beautification, Project No. 15-011. The recommendation for award is in compliance with Code of Ordinances, Section 36.02 (C) (3). The project is located in Delray Beach, Florida along Southeast 4th Avenue from Southeast 2nd Street to East Atlantic Avenue. The Scope of Services will be to prepare full construction documents, statement of probable cost and project specifications. The project includes street enhancements including the milling and resurfacing of SE 4th Avenue and the creation of additional on -street parking between SE 2nd Street and SE 1St Street, drainage improvements, replacement of concrete sidewalks with brick pavers, landscaping and irrigation improvements, and replacement of existing FPL street lights with city standard decorative light assemblies. The City utilized engineering consultants retained via RFQ #2012-06 for our Capital Improvement Program. CGA is retained by the City via RFQ #2012-06 (City Project #12-057). The original agreement with CGA, was executed in February 2012. Through Amendments, the agreement has been extended through January 2016. Copies of the Service Authorization and project location map are attached for Commission review. Negotiations regarding the number of hours relating to the scope of service were finalized in a Sunshine Meeting on May 22, 2015. Attachments include: 1) Service Authorization 2) Location Map FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION Consider approval of Service Authorization No. 12-07 with Calvin, Giordano and Associates, Inc. in the amount of $129,968.16 for professional design services for the SE 4th Avenue Beautification, Project No. 15-011. FUNDING SOURCE Funding is available as shown below: Account Current Account Balances Amount Requested #334-3162-541.69-25 $100,000.00 $100,000.00 #448-5461-538.69-25 $30,000.00 * $29,968.16 * after budget transfer RECOMMENDATION By motion, approve Service Authorization No. 12-07 with Calvin, Giordano and Associates, Inc. in the amount of $129,968.16 for professional design services of SE 4th Avenue Beautification, Project No. 15-011. CONSULTING SERVICE AUTHORIZATION DATE: April 16, 2015 CONSULTANT: Calvin Giordano -& Associates Inc. SERVICE AUTHORIZATION NO. 12-07 FOR CONSULTING SERVICES CITY P.O. NO._ EXPENSE CODE CITY PROJECT NO. 15-011 CONSULTANT PROJECT NO. 15-7526 TITLE: SE 4tn Avenue Imnrovements from SE NW 2nd Street to East Atlantic Avenue 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, 2015. PROJECT DESCRIPTION The project is located in Delray Beach, Florida along Southeast 4tn Avenue from Southeast 2nd Street to East Atlantic Avenue. The Scope of Services will be to prepare full construction documents, beginning with 30% design to the final design documents, statement of probable cost and project specifications. The project includes street enhancements including the milling and resurfacing of SE 4tn Avenue and the creation of additional on -street parking between SE 2nd Street and SE 1St Street. The existing angled parking along the frontage of the former library shall be maintained and not replaced with parallel parking. The existing sidewalks will be replaced with pavers with the appropriate color and design to meet the City of Delray Beach standards. The sidewalk shall not be replaced along the frontage of 30 SE 4th Avenue where it is under the arcade. A tree disposition plan will be developed which identifies the existing tree/palms and provides direction for their relocation, removal or whether they remain in place. The existing bulb -out planting areas will be re -designed with new bulb -outs, planting plans and redesign of the existing irrigation system. The existing street lighting which consists of cobra -head lights on concrete poles will be replaced with City of Delray Beach standard decorative light poles and acorn type fixtures. The City of Delray Beach is the property owner. The streetscape plan will be enhanced with the proposed plant material design. This design will be well coordinated with the light pole locations and meet the clear zone requirements for safety. The existing roadway drainage system will be modified as required for the changes to the parking bulb outs as well as to correct current instances of ponding. 12 Soft digs are included in the project to locate underground utilities to assist in the design of the project. It is anticipated that the existing drainage trunkline will be sufficient for the project improvements and only additional curb inlets or catch basins will be required. The existing sidewalks are in fair to poor condition with several areas subject to cracking. Some of those areas are vertically separated causing potential tripping hazards. Some of the sidewalks are attached to existing buildings and have what appear to be excessive cross -slopes. The 3D Laser Scanner will assist the design team in analyzing which sidewalks exceed the ADA allowable slopes. The new sidewalk will be designed in accordance with the ADA code including new curb cut ramps and detectable warnings. Page 1 of 10 New pavement will include standard asphalt and concrete only, no permeable pavement will be specified. Existing pavement will be specified as a mill and resurface project with an alternative bid for micro surfacing. Street lighting electrical design services will be provided along SE 4th Avenue only. No lighting will be provided along the West and East Alleyways. Existing FPL light poles will be removed and replaced with City of Delray Beach standard decorative light poles with acorn type fixtures. The coordination of FPL light pole removal will be performed by the City of Delray Beach staff. Where FPL light poles/fixtures cannot be removed (e.g. when the lights are attached to a utility pole supporting other aerial wires and facilities), they will be retained and incorporated into the lighting design. II. SCOPE OF SERVICES Phase I — Study and Report Phase Study and Report Phase Services are not included in this Service Authorization Phase II — Preliminary Design Phase Preliminary Design Services were completed previously and are not included in this Service Authorization Phase III — Final Design Phase Consultant shall provide final design phase services in accordance with Article III C of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk- through will be included. In addition, potential underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. Consultant shall contact Sunshine State One Call to get the contact info for the utility companies and send two sets of Utility Contact Plans after the Topographic Survey has been secured. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field -verification information. Existing trees/palms shall be shown on the survey and a tree disposition plan developed for purposes of permitting the removal or relocation of those trees/palms which are in conflict with the proposed conditions. Existing utility information was provided on the plans provided by the City, but this information will need to be verified by the Consultant. 3. Street Lighting: Electrical Design Services will be provided for the Street Light Design and Layout. Services will be provided as follows: a. CGA will visit the site and review the preliminary project plans. b. CGA will prepare roadway lighting design in accordance with Illuminating Engineering Society standards and applicable local codes along approximately 1,300 feet of roadway. Light fixtures shall be decorative style light poles and fixtures in accordance with the City of Delray Beach standards and will be used to replace (where feasible) the existing Page 2 of 10 FPL lighting (concrete poles with cobra -head fixtures) in the area. FPL poles/lights that cannot be removed will be retained and incorporated in the lighting design. City of Delray Beach Staff will initiate the coordination with FPL regarding the proposed removal of their existing light poles in the area. The lighting design will include the determination of the light pole and fixture locations throughout the project. c. CGA will prepare AutoCAD drawings to indicate light pole and fixture locations and preliminary lighting details — including electrical site plan, riser diagram, and electrical details and notes. d. CGA will prepare illumination calculations (photometrics) to indicate design illumination levels. e. CGA will coordinate with FPL for the identification and establishment of anew electrical service point for the proposed light poles. f. CGA will attend design/coordination meetings and the 60% and 100% review meetings with the project team in Delray Beach. g. CGA will obtain from FPL an estimate of their fees for the proposed lighting demolition and/or modifications. h. CGA will prepare electrical plans will submit those plans at the 60%, 90%, 100%, and final completion levels. 4. Preparation of plans shall include: Cover sheet, General Notes, Civil Engineering plan drawings, Tree Disposition Plans, details and notes, Site Details for specialty paving and site furnishings, Planting Plans, details and notes, Irrigation plans, details and notes, Electrical Engineering plans and miscellaneous City detail sheets. A table of contents for the specifications will be provided (specifications will not be prepared at this stage). 5. Consultant shall prepare base drawings of the project area using existing drawings that the City has provided to Consultant. The drawings will be in AutoCAD 2013 format. 6. Consultant shall provide internal QA/QC reviews on the 30%,60%,90% and 100% plans. 7. Consultant shall attend one (1) kick-off meeting and one (1) design meeting with the City prior to submittal of the 30% plans. A written summary of the issues discussed will be prepared by the Consultant and provided to the City. 8. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at F = 20' or larger. 30%, 60%, 90% and 100% stages of the project. A review meeting will be held with the City to review comments from each of the aforementioned stages and provide a written summary of the issues discussed. 9. Consultant shall prepare at the 30, 60%, 90% and 100% submittal stages a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of the design requirements incorporated during the various design review stages. Page 3 of 10 10. After approval of the 30% Construction Documents is obtained, Consultant shall prepare final construction drawings for the project which shall include: • Cover Sheet • Topographic and tree Survey • Roadway and Utility Plans, Cross -Sections and Details • Tree Disposition Plans and Details • Site Details for specialty paving & site furnishings • Landscape Plans and Details • Irrigation Plans and Details • Site Lighting and Photometric Plans and Details 11. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards and FDOT Standard Specifications for road and bridge work. 12. Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90% and 100% Design Documents (drawings, specifications, and cost estimates, as appropriate). 13. Two (2) plan sets, four (4) copies of specifications, and two (2) copies of the opinion of probable construction costs will be submitted to the City at the 100% stage of the project. A review meeting will be held with the City to review comments. 14. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delray Beach Standards. (four copies) shall be submitted for City review at 60%, 90% and 100% stages. 15. Consultant shall, upon acceptance of the 100% plans, provide final design drawings, one (1) mylar set and one (1) set of AutoCAD (version 2009 or lower) files in electronic format (*.DWG and *.PDF) on CD. Specifications and Front-end documents shall be provided in electronic (*.PDF and *.DOC) format. Phase IV — Bidding/Negotiating Phase Consultant shall provide Bidding/Negotiating phase services in accordance with Article III D of the Agreement for Engineering Services with the City, dated February 22, 2012. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide five (5) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall conduct a mandatory pre-bid conference and provide a written summary of issues discussed. Page 4 of 10 3. Consultant shall issue addenda and shall provide supplemental information or clarifications, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist city in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". Phase V — Construction Administration Construction Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other — Permitting There currently is no South Florida Water Management District (SFWMD) Environmental Resource Permit for the subject property. The improvements to SE 41h Avenue will not require a SFWMD Permit by will qualify for a No -Notice General Permit in Uplands, therefore Permitting Phase Services are included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other — Surveyin2 Consultant shall secure Topographic Survey of the proposed site, locating all above -ground improvements. The survey scope is to provide additional elevations and locations of improvements from the intersection of NW 1St Street and NW 131h Ave to the West Alley, NW 131h Ave and NW 12th Ave. Survey shall also include topographic survey of lot 22, 23, 26 and 29, block 1, Atlantic Park Gardens subdivision. The Topographic Survey will be provided electronically for engineering design purposes. All survey shall be in accordance with the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5.1-17 of the F.A.C. pursuant to Section 472.027 of the Florida Statutes. Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right-of-way (including 10- feet back on each side of the right-of-way) of the project limits, including physical objects, Page 5 of 10 roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two comers of the building on each lot or indication if the lot is vacant. b. Location of all known above and below ground existing utilities: FP&L, AT&T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean -outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations will be verified for 1/3 of the inlets in the project site to verify the as-builts provided by the City so as not to as -built all of the inlets. If it is determined during the verification process that the system differs significantly from the as-builts, additional effort and fees will be required to as -built the remaining 2/3 of the drainage system.), and all other accessible structures. This will include coordination with Sunshine 811 and City of Delray Beach. c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 20 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right -of way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. e. The survey shall include topography of the complete intersection, 50 feet beyond radius returns, at the terminal end of each street and alley. f Provide and reference benchmarks at maximum 600 -foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD (Version 2013) Other — Parcel Sketches Consultant shall prepare Sketches of Descriptions for Proposed Sidewalk and Parking Easements or parcel takings for twenty four (24) parcels adjacent to the project. Sketches of descriptions shall be in accordance with rule 5J-17.050 of the Florida Administrative Code (F.A.C.) and applicable city requirement. Deliverables shall consist of four (4) copies of the sketch of description. Services shall do not include recordation of said sketch of description. Page 6 of 10 Other — Real Estate Title Real Estate Title Services will be provided to support the preparation of the easements. Structural Real Estate Title services will be provided as follows: CGA's Subconsultant will provide title work for the properties adjacent to SE 4th Avenue in order to prepare the sketches of description for the sidewalk easements or parcel takings. Other — Geotechnical Geotechnical Services will be provided to support the drainage and roadway design. Geotechnical services will be provided as follows: a. CGA's Subconsultant will visit the site to field mark (paint and/or stake) the planned boring locations and observe existing site conditions. b. CGA's Subconsultant will contact Sunshine One -Call to request field location of underground utilities in the areas of the borings as per Florida Statutes. c. CGA's Subconsultant will provide Maintenance of Traffic (MOT) for work along the roadway shoulders and closure of one traffic lane throughout the field drilling and testing operations. d. CGA's Subconsultant will mobilize coring equipment to the site and drill 4 cores through existing roadway pavement. The thickness of existing asphalt and base rock will be measured at each cored location. Following completion of the coring operations, the cored holes will be backfilled with asphalt cold patch. e. CGA's Subconsultant will mobilize personnel and drilling equipment to the site and drill seven (7) SPT borings to depths of 8 feet below the existing ground surface at approximately 200 -foot intervals along SE 4th Avenue and within the two adjacent driveways. The depth to groundwater in each boring will be measured. Following completion of the drilling operations, the boreholes will be backfilled with native soils. f CGA's Subconsultant will then conduct one (1) open -hole exfiltration tests in general accordance with the South Florida Water Management District (SFWMD) procedures in an 8 -foot deep borehole drilled along SE 4th Avenue. Following completion of the testing, the boreholes will be backfilled with native soils. g. CGA's Subconsultant will visually classify the collected soil samples using the American Association of State Highway and Transportation Officials (AASHTO) classification system. h. CGA's Subconsultant will prepare a geotechnical report which will include, but not necessarily be limited to: • Detailed graphical logs of the soil borings showing the groundwater level and soil classifications. • Presentation of the results of the field permeability tests. • Presentation of the asphalt and base rock thicknesses at the cored locations. • Discussion of the suitability of the encountered soils for support of roadway pavement. Page 7 of 10 Other — Field Verification N/A Other — Soft Digs Subsurface Investigation Services will be provided to support the drainage and roadway design. Subsurface Investigation Services will be provided as follows: a. CGA's Subconsultant will visit the site to field mark (paint and/or stake) the planned boring locations and observe existing site conditions. b. CGA's Subconsultant will contact Sunshine One -Call to request field location of underground utilities in the areas of the borings as per Florida Statutes. c. CGA's Subconsultant will provide Maintenance of Traffic (MOT) for work along the roadway shoulders and closure of one traffic lane throughout the field drilling and testing operations. CGA's Subconsultant will mobilize vacuum excavating equipment to the site and excavate six (6) locations through existing roadway pavement. Electromagnetic Induction and Ground Penetrating Radar shall be utilized to verify horizontal locations of targets at vacuum excavation points. Test Hole Data Sheets will be provided with information regarding the discoveries made at the test holes. Following completion of the vacuum excavation operations, the excavations will be restored. III. TIME OF PERFORMANCE The completion dates for the work will be as follows (starting at written notice -to -proceed). Refer to Attachment A — Project Schedule. Phase of Services Time per Phase Cumulative Time Survey, Geotechnical 4 Weeks 4 Weeks Phase III — Final Design Phase IV — Bidding / Award Notes: 50 Weeks 54 Weeks 16 Weeks 70 Weeks 1. Geotechnical and Survey work will be performed during the same time period. 2. Schedule is based on 36 weeks of Utility Accommodation taking place during Phase III Final Design 3. Schedule is based on review meeting with City occurring with 2 week of receipt of each submittal. The schedule will have to be adjusted if the review times are longer. IV. COMPENSATION Engineering Services Phase I — Study and Report Phase Phase II — Preliminary Design Phase Phase III — Final Design Phase Phase IV — Bidding/Negotiating Phase Hourlv Not to Exceed Fees N/A $20,334.74 $58,268.69 $9,254.68 Page 8 of 10 Phase V — Construction Administration N/A Other — Permitting N/A Other — Surveying $15,707.13 Other — Parcel Sketches $8,400.00 Other — Real Estate Title $5,500.00 Other — Geotechnical $8,752.92 Other — Field Verification N/A Other — Soft Digs $2,750 Out -of -Pocket Expenses $1,000.00 Total Project Cost $129,968.16 Notes: Out -of -Pocket Expenses include the following: printing/mileage/postage. Page 9 of 10 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 any further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Cary D. Glickstein, Mayor Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this acknowledged by voluntarily for the purpose there -in expressed. CONSULTANT: Date (Seal) Witness (Signature) Witness (Printed) day of , 201, was on behalf of the Corporation and said person executed the same free and Witness my hand and seal in the County and State aforesaid this day of ,201 Notary Public State of Florida My Commission Expires: Page 10 of 10 SCalvin, Giordano 8 Associates, Inc. s� 'd E X C E P i 1 0 N A L S 8 L U i 1 0 N 5 ` 560 Village 81,d., Suh. 340, West P.1- 13-h, Florida 33409 ■ Phone: • Fax: 561,684,6760 Certificate of Authorization No. 514 ATTACHMENT A - CONSULTANT SERVICES AUTHORIZATION BUDGET SUMMARY DATE 5/7/2015 Project Title JCGA PROJECT NO. City of Delray Beach SE 4th Avenue Streetscape 15-7526 CSA Number CSA 7 Work Activity Employee Classification Hours I Hourly Rate I Total Phase I - Study and Report Phase - Not Included in This Project Project Manager (IV) 0 $ 144.09 $ - Project Engineer (III) 0 $ 125.35 $ - Senior CADD Tech Manager 0 $ 103.01 $ Landscape Architect 0 $ 115.19 $ - Clerical 0 $ 72.94 $ Task Subtotall 01 1$ Phase II - Preliminary Design Phase - Not Included in This Project Project Manager (IV) 24 $ 144.09 $ 3,458.16 Project Engineer (III) 16 $ 125.35 $ 2,005.60 Engineer (II) 28 $ 88.03 $ 2,464.84 Senior CADD Tech Manager 76 $ 103.01 $ 7,828.76 Sr. Landscape Architect 12 $ 148.92 $ 1,787.04 Landscape Architect 0 $ 115.19 $ - Landscape CADD Technician 1 Clerical 1 1 38 $ 0 $ 73.43 72.94 1 $ 1 $ 2,790.34 - Task Subtotall 1941 1 $ 20,334.74 Phase III - Final Design Phase (60%thru 100%) Project Manager (IV) 63 $ 144.09 $ 9,077.67 Project Engineer (III) 32 $ 125.35 $ 4,011.20 Engineer (II) 72 $ 88.03 $ 6,338.16 Jr. Engineer (I) 16 $ 81.13 $ 1,298.08 Senior CADD Tech Manager 160 $ 103.01 $ 16,481.60 Sr. Landscape Architect 56 $ 148.92 $ 8,339.52 Landscape Architect 62 $ 115.19 $ 7,141.78 Landscape CADD Technician 76 $ 73.43 $ 5,580.68 Clerical 0 $ 72.94 $ - Task Subtotal 537 $ 58,268.69 Phase IV - Bidding/Negotiating Phase Project Manager (IV) 24 $ 144.09 $ 3,458.16 Project Engineer (III) 8 $ 125.35 $ 1,002.80 Senior CADD Tech Manager 12 $ 103.01 $ 1,236.12 Sr. Landscape Architect 16 $ 148.92 $ 2,382.72 Landscape Architect 0 $ 115.19 $ - Landscape CADD Technician 16 $ 73.43 $ 1,174.88 Clerical 0 $ 72.94 1 $ - Task Subtotal 76 $ 9,254.68 Phase V - Construction Administration - Not Included in This Project Project Manager (IV) 0 $ 144.09 $ - Project Engineer (III) 0 $ 125.35 $ - Sr. Landscape Architect 0 $ 148.92 $ Landscape Architect 0 $ 115.19 $ - Clerical 0 $ 72.94 $ Task Subtotal 0 $ Other - Permitting Project Manager (IV) 0 $ 144.09 $ - Project Engineer (III) 0 $ 125.35 $ - Engineer (II) 0 $ 88.03 $ Senior CADD Tech Manager 0 $ 103.01 $ Sr. Landscape Architect 0 $ 148.92 $ Landscape Architect 0 $ 115.19 $ Task Subtotal 0 $ - Other - Surveying Registered Surveyor 1 4 $ 99.98 1 $ 399.92 Survey Coordinator 1 1 21 $ 82.51 1 $ 1,732.71 CADD Technician 1 1 46 $ 78.25 1 $ 3,599.50 Survey Crew (3 party) 1 1 57 $ 175.00 1 $ 9,975.00 Task Subtotal 128 $ 15,707.13 Other-Parcel Sketches Parcel Sketch 1 1 24 $ 350.00 1 $ 8,400.00 Task Subtotal 24 $ 8,400.00 Other -Title Work Title Work 1 $ 5,000.00 $ 5,000.00 10% Markup 10% Markup 1 $ 500.00 $ 500.00 Task Subtotal 1 $ 5,500.00 Other-Geotechnical Soil Borings 1 1 $ 7,957.20 1 $ 7,957.20 10% Markup 1 1 $ 795.72 1 $ 795.72 Task Subtotal 1 $ 8,752.92 Other - Soft Digs 6 Soft Digs 1 1 $ 2,500.00 1$ 2,500.00 10% Markup 10% Markup 1 11 250.00 1$ 250.00 Task Subtotal 1 $ 2,750.00 Other - Out of Pocket Expenses Printing/Mileage/Postage I Task Subtotal I $ 1,000.00 CSA Labor Total $ 111,965.24 CSA Subconsultant Total $ 17,002.92 CSA Out of Pocket Total $ 1,000.00 CSA Total $ 129,968.16 At antic Ave <D N RTH i r - lIFa , 7�t �"� t: 1 SE tst- - m j > I M, N 7 Q D M, n N W SE 4th Avenue Beautification Project #15-011 ol�ppr e�cy G1S Gocu--h S—g—GIS\Prol—NmmofiW I_o Clrymx4 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald Cooper, City Manager DATE: June 2, 2015 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JULY 7, 2015 RESCIND BID AWARD, BID NO. 2015-17/REPUBLIC CONSTRUCTION/REBID THE NORTH & SOUTH OCEAN BOULEVARD BEACH GAZEBOS BACKGROUND Consider rescinding a bid award to Republic Construction and rejecting all bids received for the North & South Ocean Boulevard Beach Gazebos replacement Project, (P/N 2014-090). Staff solicited bids through the formal competitive bid process; three (3) responses were received by Purchasing. Based in Delray Beach Florida, Republic Construction Corporation had successfully completed multiple City of Delray Beach projects. Republic's bid submission contained all of the required documentation and was very thorough. Staff subsequently sought and received City Commission approval for a bid award to Republic on April 6, 2015, Item 8.N. In accordance with City protocol, contracts were prepared for execution and Republic Construction was notified to pick up the contracts for execution. Soon after, it became apparent to staff that the firm was trending in a non-responsive behavior for the need to execute contracts in a timely manner. After several reminders in various formats, the Environmental Services Department issued a written notice to Republic Construction of staffs intent to rescind the contract award. Eventually on May 18th 2015, the City received an email notice from Steven Neubarth, President of Republic Construction that he had discovered a bid error and desired to pass on the project. Considering the project's scope, available budget of $47,000 dollars and the architect's probable construction cost estimate of $50,000 for the replacement of both gazebos, staff utilized a City standard short form contract with no bid bond. Also considering the bid amounts for the second and third lowest bids of $92,910 and $98,466, staff feels rebidding the project would be beneficial. Based on the aforementioned, staff recommends rescinding the bid award recommendation to Republic Construction and rejecting all bids; staff also recommends re -advertising the scope of work. Attachments include: 1. Contractor's response via email. 2. City's notice to Republic Construction FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission is to consider rescinding the April 6, 2015 bid award to Republic Construction and rejecting all bids received for the North & South Ocean Boulevard Beach Gazebos replacement project, and authorize staff to re -advertise the scope of work. TIMING OF THE REQUEST Progression of this project is contingent upon approval of this item. FUNDING SOURCE Not applicable RECOMMENDATION By motion, approve rescinding the April 6, 2015 bid award to Republic Construction, Bid No. 2015-17, and rejecting all bids received for the North & South Ocean Boulevard Beach Gazebos replacement project, and by motion, authorize staff to re -advertise the scope of work. Attachment (A) From: Steven Neubarth[mailto:steven@republicconstructioncorp.com] Sent: Monday, May 18, 2015 6:05 PM To: Diaz, Jabiel Subject: RE: Beach Gazebos Replcmt Contract Books Are Ready for Pickup I have discovered a bid error and will pass. Best regards Steven Neubarth President Republic Construction Corp 601 N Congress Ave, Suite 435-B I Delray Beach, FL 33445 t. 561-900-2487 1 f. 561-634-2806 Republic COUSTRUCTION CORP Please do not print this email u nless wu ire ally need to. DELRAY BEACH r k t " All-AmericaCity G 1993 2001 y 13 May 2015 2001 Republic Construction Corp. Mr. Steven Neubarth 601 N Congress Ave; Suite 435-B Delray Beach, Florida 33444 RE: Delray Beach Gazebos Replacement Project #2014-090 Steven Neubarth: Your company has failed to execute the City's standard form of agreement within 30 calendar days following City Commission's approval of a bid award recommendation to Republic Construction Corporation; that occurred on April 6th 2015. Environmental Services Department contract administrator Carolanne Kucmerowski left multiple notices in various formats, phone calls and emails. I subsequently spoke with you directly on April 23rd 2015 at which time you stated that you would address the topic at the beginning of the following week. At this time, as a result of the aforementioned, the City of Delray Beach finds Republic construction non-responsive to contract execution and will seek City Commission approval to rescind the contract award recommendation. Sincerely, B6b Diaz, Construction Manager Environmental Services Department City of Delray Beach Certified Mail 7006-3450-0001-8718-1733 Cc: r;, rd on Re , i r'a v Purchasing Department MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 2, 2015 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JULY 7, 2015 BID AWARD/ F2 INDUSTRIES, LLC./ CHEMICALS FOR WATER TREATMENT PLANT BACKGROUND Staff recommends award of a contract for Bid 2015-41 to the lowest bidder, F2 Industries, LLC (F2), for the purchase and delivery of Poly Phosphate for use in the water treatment process. The award is based on the unit cost of $1.073 per pound at an estimated cost not to exceed $95,000 annually, for the duration of the agreement. The contract term is for two (2) years, with an option to renew for two one (1) year periods, subject to annual budget appropriations. The bid award is in accordance with Code of Ordinances, Section 36.02 (A)(1), "Sealed Competitive Method". Poly Phosphate is an additive for water treatment per permit requirements and is available in liquid or dry form. It is used to reduce deterioration in piping by inhibiting scale formation and corrosion, containing inhibitors to protect water distribution piping. It creates a mono -molecular film which reduces lead and copper leaching to comply with the current lead and copper rule. The City has regularly passed the lead and copper tests which indicates that this vendor's product continues to be effective. On April 26, 2015, the City issued a competitive Bid 2015-41 for the purchase and delivery of poly phosphate. On May 21, 2015, the City received four responses, F2 as the lowest responsive bidder for the delivery of poly phosphate. The following vendors submitted bids with the associated unit price per pound (gas): - F2 Industries, LLC $1.073/pound - Carus Chemical Co. $1.074/pound - Sterling Water Technologies, LLC $1.394/pound - Shannon Chemical Corp. $2.270/pound Funding is available through the division's operating budget. The estimated annual usage per fiscal year is 84,000 pounds ($1.073/lb x 84,000 lbs), or $90,132. Due to fluctuations in water demand and processing, staff is requesting an annual authorization for $95,000. Attachments include: - Bid Tabulation - Bid Documents - Bid Submittal (F2 Industries, LLC.) DISCUSSION Consider an award to F2 Industries, LLC for the purchase and delivery of Poly Phosphate for use in the water treatment process, at a unit cost of $1.073/pound, at an estimated cost not to exceed $95,000 annually, for the duration of the agreement, subject to annual budget appropriations. TIMING OF THE REQUEST The timing of the request is of high importance; supply of the chemical is critical to the water treatment process. FUNDING SOURCE Funding is available from account operating account #441-5122-536-52.21, Water Treatment and Storage / Chemicals. RECOMMENDATION Through a motion, approve award of a contract for Bid 2015-41 to the lowest bidder, F2 Industries, LLC, for the purchase and delivery of Poly Phosphate for use in the water treatment process, at a unit cost of $1.073 per pound, estimated cost not to exceed $95,000 annually, for the duration of the agreement, subject to annual budget appropriations. The contract term is for two (2) years, with an option to renew for two one (1) year periods. Q C7 Lr � N OQO a i 0 H � x o � U O x a Ada a .o N Gi M �L M ca Gn O co Q,n ►"� Q E O tl1 U U U n 't3 C,. j o C n Q v on O Q y CdC U cJ d C� ell O OJ � ' p-' •.. t.. cC � cC N � � O Cl, t. _U cdU as :j? U o v 0 00 o coo v 0 BID NO: 2015-41 CITY OF DELRAY BEACH ISSUE DATE: April 26, 2015 TEL: (561) 243-7161/7163 FAX: (561) 243-7166 PURCHASING DIVISION REQUEST FOR BID DUE DATE: Thursday, May 21, 2015 TITLE: POLY PHOSPHATE SUPPLY AND DELIVERY DEPARTMENT: WATER TREATMENT PLANT TIME: 10:00 A.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 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. 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 on/or before the closing date and hour as shown above. Included in the envelope shall be ONE (1) unbound original, THREE (3) copies of all bid sheets, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD or thumb -drive should be in Portable Document Format (pdf). 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 nadala-mydelraybeach.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 errors 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. 1IPage BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract APRIL 26, 2015 This Request for 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. SCOPE OF SERVICES: The City of Delray Beach Water Treatment Division is requesting bids for the removal and proper disposal of dry lime sludge. DUE DATE: Thursday, May 21, 2015 prior to 10:00 A.M. at which time all bid will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall, 100 N.W. 1St 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 sealed package: • Indemnity/Hold Harmless Agreement • Cone of Silence • Drug Free Workplace Certification • Corporate Acknowledgment • Certificate (If Corporation) • 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. 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. INQUIRIES: Questions regarding this solicitation must be sent through email to purchasing, nadal(a-)mydelraybeach.com. To ensure a timely response, inquiries should be made by, Thursday, May 14, 2015 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. 2 1 P a g e CITY OF DELRAY BEACH BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract Table of Contents Invitation to Bid 1-2 Table of Contents 3 General Conditions, Instructions and Information 4-9 Cone Of Silence 10 Drug Free Workplace Certification 11 Specifications 12-14 Detailed Specifications 15 Schedule if Pricing 16 Professional References 17 Insurance Requirements 18-21 Bid Signature Form 22 Statement of "NO BID" 23 Sample Agreement 24 31 GENERAL CONDITIONS' INETRYQIFIONE AND INFORMATION BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract 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. 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 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 Tor 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. 4 1 P a g e 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 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. 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. 5 1 P a g e 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. 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. 6 1 P a g e 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. 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 27 — 30 for Insurance Requirements. 16. 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 and/or irregularities, and to negotiate 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. EXCEPTIONS TO CONDITIONS, 1 THRU 9 (Boiler Plate): Any 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 two (2) 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. 7 1 P a g e 21. ANTI -COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of 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 cancellation/termination of the contract. 24. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants Tor 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. 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. 8 1 P a g e 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 accountspayable(a)mydelraybeach.com for enrollment. 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 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. 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 Chief Purchasing Officer 100 NW 1 s'Ave Delray Beach, FL 33444 (Remainder of page intentionally left blank) 9 1 P a g e CONE OF SILENCE BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY 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 BID, 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, 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 meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's Name Signature Date 101P i ,C DRUG FLEE WORKPLACE CERTIFICATION BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY 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 11IPage SPECIFICATIONS BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract A. PURPOSE The purpose and intent of this "Invitation to Bid" is to establish an open-end (blanket) contract for furnishing and delivery of Poly Phosphate for The City of Delray Beach Water Treatment Plant, 200 S.W. 6th Street, Delray Beach, Florida, 33444. Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non -responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material and/or workmanship than is described herein. B. NOTICE OF AWARD It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the 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. C. COMPETENCY OF BIDDERS Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. D. VENDOR SERVICE REPRESENTATIVE The Bidder shall submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for both regular work - hours and after-hours, weekends, and holidays must be identified. E. SAFETY STANDARDS -PROTECTION OF PROPERTY Unless otherwise stipulated in the bid, all labor, materials, supplies and/or services shall comply with any/and all applicable OSHA standards. The Successful Bidder shall at all-time guard against damage or loss to the property of the City of Delray Beach, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The City of Delray Beach may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful Bidder or his/her agents. 121Page F. PERMITS/LICENSES/FEES Any permits, licenses, or fees required will be the responsibility of the Contractor; no separate payment will be made. Adherence to applicable code regulations, (Federal, State, County, City) are the responsibility of the Contractor. G. FIRM PRICE The City requires a firm fixed price on the unit price(s) as bid for the Contract period. H. CONTRACT TERM Term of the Contract shall be two (2) year(s) commencing on/or about May 2015, and expiring two year(s) later. The city reserves the right to renew the contract for two (2) consecutive term(s) of one (1) year(s) per paragraph #19 of the General Conditions of this bid. I. QUANTITIES Quantities stated on Bid Form (Schedule of Pricing) are estimates only. No guarantee is given as to the actual quantities that will be needed. Estimated quantities are based upon previous needs and estimated usage for a twelve (12) month period. Said estimated quantities may be used for purpose of evaluating the low bidder meeting specifications by the City. J. DELIVERY All prices to be quoted F.O.B. Delivered Destination, City of Delay Beach, Water Treatment Plant, 200 S.W. 6th Street, Delray Beach, Florida, 33444. K. ALTERNATES For purpose of bid evaluation, Bidder(s) must indicate any variances to the specifications, terms, and conditions, NO MATTER HOW SLIGHT on the Bid Form. If variations are not stated on the Bid Form, it shall be construed that the Bid fully complies with the specifications, terms, and conditions as given herein. NOTE: The use of a certain manufacturer's brand name and catalog number is not intended to exclude consideration of products of other manufacturers meeting the requirements for the item and whose specifications are equal by industry standards. Alternates may be acceptable if they can be proven to be better than or equal to that which is specified. THE CITY OF DELRAY BEACH WILL BE THE SOLE JUDGE OF ALTERNATE BRAND ACCEPTABILITY. L. TERMINATION This AGREEMENT may be terminated by either party by ten (10) calendar day's prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONTRACTOR and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. M. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENTS State on Bid Form if you will extend the same price, terms, and conditions of this bid to other Palm Beach Governmental agencies. 131Page O. PUBLIC ENTITY CRIMES INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a convicting 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 of 36 months from the date of being placed on the convicted vendor list. P. OCCUPATIONAL HEALTH AND SAFETY: In compliance with Chapter 442, Florida Statutes, any items delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: (a) The chemical name and the common name of the toxic substance. (b) The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosiveness, and reactivity; 2. The known acute and chronic health effects of risk from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure. (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substance, including appropriate emergency treatment in case of overexposure. (d) The emergency procedures for spills, fire, disposal, and first aid. (e) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. (f) The year and month, if available, that the information was compiled and the name, address, and the emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, Florida, 32301-5014. Telephone 1-800-367-4378. ALL TOXIC SUBSTANCES MUST BE LABELED FOR IDENTIFICATION, IN ACCORDANCE WITH OSHA STANDARDS. 141Page DETAILED SPECIFICATIONS BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract The City of Delray Beach is seeking a firm per pound price for the purchase of eighty-four thousand (84,000) pounds per year, of Poly Phosphate. The City is prepared to take two (2) split shipments of forty-two thousand (42,000) pounds and forth -two thousand (42,000) pounds respectively. The Poly Phosphate is to be packed in fifty (50) and/or forty (40) pound, multi -waxed, paper bags. The successful Bidder must submit a certificate of compliance and a certified analysis by an independent lab with each shipment, as to the composition of their product. A copy of the package label shall also accompany your Bid. Each and every package shall bear the name of the product and the company contents label. CHEMICAL ANALYSIS: The Chemical analysis should consist or equal to the following blend of ingredient for Aqua Mag approximately the same proportions: Total Phosphate (as PO4) 92% Orthophosphate (as PO4) 26% Polyphosphate (as PO4) 66% Bulk Density (avg.) 68 Ib./ft. 3 pH (1% w:w) 5.0+0.5 Qualified Bidder(s) shall be vendors who are manufacturers of the above name product, with NSF Certification and are currently in the business of supply this blend to other Water Treatment Plants. In the Reference Section of this bid package, please indicate the name of the other customers we can contact. Successful Bidder shall submit quarterly analytical reports on four distribution samples. These reports shall include, but not necessarily be limited to, analyzing water for PH hardness, alkalinity, Fe, (and other metals if necessary) and a complete phosphate profile. At the request of the Water Treatment Manager, the supplier shall also provide coupons holder, metal coupons and corrosion studies semi-annually (twice a year). 151Page SCHEDULE OF PRICING BID No. 2015-41 A. ESTIMATED ANNUAL USAGE FOR THE CITY OF DELRAY BEACH IS 84,000 POUNDS. B. Delivery in calendar days after receipt of order. C. NSF Certification included? ❑ Yes ❑ No D. Base price per pound shall remain firm throughout the contract period, and shall be quoted F.O.B. destination: CITY OF DELRAY BEACH WATER TREATMENT PLANT 200 N.W. 6T" STREET DELRAY BEACH, FL. 33444. E. State your method of delivery from source to the City of Delray Beach Water Treatment Plant. F. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? ❑ Yes ❑ No G. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: STATEMENT OF UNDERSTANDING M hereby acknowledge and declare that I have (Signature) read and understand the "Bid Request" document in full for Poly Phosphate Supply and Delivery for the Delray Beach Water Treatment Plant, BID #2015-41 and completely understand the requirements and expectation. 161Page Estimated Annual Unit Price Total Estimated Quantity Per Pound Annual Cost POLY PHOSPHATE 84,000 Ibs. Supply and Delivered $ $ B. Delivery in calendar days after receipt of order. C. NSF Certification included? ❑ Yes ❑ No D. Base price per pound shall remain firm throughout the contract period, and shall be quoted F.O.B. destination: CITY OF DELRAY BEACH WATER TREATMENT PLANT 200 N.W. 6T" STREET DELRAY BEACH, FL. 33444. E. State your method of delivery from source to the City of Delray Beach Water Treatment Plant. F. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? ❑ Yes ❑ No G. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: STATEMENT OF UNDERSTANDING M hereby acknowledge and declare that I have (Signature) read and understand the "Bid Request" document in full for Poly Phosphate Supply and Delivery for the Delray Beach Water Treatment Plant, BID #2015-41 and completely understand the requirements and expectation. 161Page PROFESSIONAL RE BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract *Please complete this page or attach your reference page to this sheet. Agency/Company Address City, State, Zip Contact Person Telephone Dates of Service Type of Service Comments: Address City, State, Zip Contact Person Telephone Date(s) of Service Type of Service Comments: Agency/Company Address City, State, Zip Contact Person Telephone Dates of Service Type of Service Comments: Submitted By: Date: VENDOR NAME 171 INSIIRARCE REQUIREMENTS BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 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. 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. 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". 181Page SAMPLE MANCT•1 DP ID- KR CERTIFICATE OF LIABILITY INSURANCE THIS cEKliF1cATr» 1S ISSUED AS A WAITER OF INFORMAT}ON ONLY A-40 CONFERS NO R}GHTS UPON THE CERT 1MCATE HDL]]ER.. TM CERTnOATE p47ES NOT AFFIRMATIVELY OR HEGATISfE1 Y AMFNn, EXTEN13 OR ALTER TFM COVERAGE AFFi3RAEA BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE: DOES NOT CIDWLRIUIF; A CONTRACT SEIWEEN THE ISSUING INSURER(Sj AUTHORVM RE=RESENTAT7w OR PRODUCER, AND THE CERnFICATE HMDER - 1NIPORTANT: It the carfincata hnoer Is an ADD17)ONAL INSURED, the paGey(iee) must be endorsed. If SUBROGATION IS WMVEO, sulaf ecL to the tomm and condibons of fhe policy. rsrtaid po"' nmy reguira an endorstmairL A staWmnt on this tartbimte docs aaf caufw rights to the curMI--afa hzWer in Usti of such eadorse3snengs . r cc cr=ll Phone." Ns�°Cr Sohn ]7oe Fa;-- J• ABC Znsuranr.e Company E u Address r.> wMVEPAGE Fare -- mrjurs� FrraRaen: Contractor lame ptsuam o: Ad dr e R n wsunfx e: Imsulzs it F: — COV RAGES Cgi KATE NUfdBER: R1=VISION NUS116EFt - Th jl IS TO CERTIFY THM THE PDI ' --DIES OF INS UFANCE LJSTL=D RELOW HAVE SF.H IS=�fEQ Tc THE ITlSU1�FA NA1dEfJ '4BQVE RJfE THE POU.Y a"'CR INOIGkrt..P. N0l1M1ATHSTA.lU1NG ANY REQUIREMENT, TERM DR CONni-nON OF ANY CONTRACT OR OTHFR nOCUMENT WITH RESPEC7 TO V'OH'CH T4't' CETMRCATE MAY RE 1SSUEO OR MAY PERT.SN,'[HE INSURANCE AFF[]R[)FcsY THE POLICIES OESGREBED HE1:E]N IS SU8:'EC7 TO ALL THE TCli1AS, Tr7L c'G UtSN14ANCE Ir,.'{lCY N�1Pl� r= N -r==#Id'r rpt ury s EACH COMW ENCE s @EMMA.L LPBXJn' p X ahurrtA uLuA�Jn X PRFm x sooDuo MEDExF �ne�-rr s -_ ADO x CLCn�S-MACIE l , CCC:CR - i UNr.LSAOJ,rf.A.i3r S 1.0-0 AD GENERAL ATE i 2'Dmp PFIry.%JCIS -CS rL+P Ad3i s 2rODDrI10 Ce ACOREu>TE LMTAPPUe3 PEir PRa- E. un• 1-.-1 71PQ . swcLE Ia s t,oco:oo A i X AwfiLr* .� EWUILr,t4NRY {PCT awv" 3 - - -. .AU CV�t� €CHEak FM PLf m � h�ArfO-S ARM - s L.^a'srna • tragi _ rX-Ot EACH OCrJJFifir"N PGGRE.GATEts A Fzw..., LIAf3 CL9MS4Vrjr= - fRt7EW7j,H3 WIC All} 0137 wuns.EPd coaPENSA71M sncrl, ll +r 1 s.1�fl4Q 4nD0 +n �jn'EP ' LMOLFFr YINAW ECL1OM? wfA _ EL015r1$E-EA x OF opey nm trm r]4Ek ,E-POUCYI"T 5 �. Qaa 000 1PT/ON C7F mons r LOCAII'@Gr VR�T.E+ vwxcn nwCa+ ir- r�n� �.,•-°•4 ��+• ••-_.,-_ - _ .T —. City of Delray',Heaah i6 listed as Additional InsuTed Yro3•ect Name: PrOjEet Dumber: 30 Bays Votice far Cancellation City of Delray Beach 100 NW 14t Avenue Delray Beach, FL 33444 C'TOB-1 SNO'JLC ANY GF THE A90VE RESCRSD[_[i POLJCIES BE CA7>GEr EO BEFORE IVE EXEIUUTICN OATS THEREOF, NQ1 ILF; NALi PE MLNEREO N Ac,c. r r:z WFm FH@ POLICY PRcv3ION5 3 0 Day% tan tice At17i� TION. All rigids ACORA 25 X24 OM!ii) The ACORD harm end logo an9 Iegisst—d --ka of ACORA 191Page IMPORTANT if the ogft ate hotdei, is an ADQ[FI[3NAL INS V ED, the pokYUBS) mad be endorsed. A stdtemenf on this cefOcats does notomfer rights to tha certtfic ate holder in Geu of woh endocsammitfsj, If 5UBROGAPON 13 WAfVE D. subject trf ttio terms and condttione of the pv[iCY, certain p01101es rnaY fegpfra an eadMeMent A statement on this cetttiicafe does nut confer fights to tha oerifficate holder in Iters of sttclt endorse=ni(5}. DISCLAIMER 'the [;elttftCata or insurance on the rvYarsd side of a is harm doe* not wnstlhrte a contract between the Lwurng Gnsuner(s). authOO-Ad repfesentative cc prudwer, and the certEflwte WWer, nor does It sffirrr+attvgly or negaVveiY amend, extend or oiler the ca r*ge afforded by the policies fisted thereon. 201Page i I COMMERCIAL GENERAL UABILnY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPiETED OPERATIONS This endorsement modifies insurance provIdad under the following COMMERCIAL GENERAL LIAB[LffY COVERAGE PART A. Section ii • Who is An Insured is amended io This Insurer" does not apply to: include as an addifional insured arry person or arganlzation when you and such person 1. 'Bodily injury', `propefty damage' or or orQanlzation have agreed in wrMnp is a 'personal and advorticiag Injury' caused, contract or agreement that such person or in whole or in part by the rendering vf, organizaUm Ire added as an additlonal In- or the failure to render, any professional survad on yrour policy. Such person or organ• architecfural, engineering, or surveying Ization Is an addltional insured only wlth services, including: respell to Ilabiilty caused, in whole or In part, by "yourworV parfornled farthat Insured and a. The preparing, approving, or failing included I'n the "products-complotnd aper- to propare or approve, maps, shop ationG" hazard. drawings, Opinions, reports, surveys, The coverage alforded to the Additional In- field orders, change orders, or cured Is solely limited to ilabTty specifically drawing and specifications; and , resuif'.ing from the conduct of the flamed In- sured, which may be imputed to the Addl- b. Supervisory, in:4peclion, archtteo- tional Insured. tural, or engineering activities. B. This endorsement pre v}des no coverage to 2 Willful misconduct of, or for defects in the Additional Insured for liability caused, In design furnished by, the additional In - whole or in part, out of the claimed eared or Its "empkayees", negligence of the Additional Insured, otlier than which may be imputed to the Additional As a condition or coverage, the additional in - insured by virtue of the conduct of the Named sured shall beobiigated to ieritlerthe defense Insured. and indemnity of every claim or suit to all C. With respect (o the Insurance afforded these other Insurers that may provide coverage to additional insureds, the fallowing additional the additional insured, whether cpntingent, exclusion applies; excess or primary, Ineivas rnpyryntad. iia FW of Inv"a S—A— olr:a, Inc., xvtn Em pu mixer CG 70 87 01 05 211Page CITY OF DELRAY BID SIGNATURE FORM BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY 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 ➢ Name as registered with their State of origin BUSINESS STREET ADDRESS ➢ P.O. Box address not permitted CITY, STATE, ZIP CODE MAILING ADDRESS: ❑ Check if same as Business address above. BUSINESS MAILING ADDRESS CITY, STATE, ZIP CODE AUTHORIZED SIGNATURE (Written) PRINT NAME TITLE (of person signing form) DATE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE / CELL NUMBER FAX EMAIL ADDRESS 221Page CITY OF DELRAY BEACH STATEMENT OF "NO BID" BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract 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@mydelraybeach.com VENDOR NAME BUSINESS ADDRESS CITY, STATE, ZIP CODE CONTACT NUMBER SIGNATURE DATE Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on BID No. 2015-41 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 231Page SAMPLE (DO Not Complete) AGREEMENT Between THE CITY OF DELRAV BEACH and for POLY PHOSPHATE SUPPLY AND DELIVERY BID No. 2015-41 241 ' - This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "City," and , a Florida corporation, hereinafter referred to as "Second Party," (collectively referred to as the "Parties"). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Second Party and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 25 1 P e 2.1 Second Party shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Second Party's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Second Party impractical, illogical, or unconscionable. 2.2 Second Party acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 The term of this Agreement shall begin on and is fully executed by the Parties and shall end on . The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 All duties, obligations, and responsibilities of Second Party required by this Agreement shall be completed no later than . Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Second Party agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. The Second Party shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Second Party of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION 261P;_i1g, 4.1 City will pay Second Party, in the manner specified in Section 4.3, the total amount of Dollars ($ ) for work actually performed and completed pursuant to this Agreement and Dollars ($ ) for all reimbursable provided for in Section 4.2, which amounts shall be accepted by Second Party as full compensation for all such work and expenses. Second Party acknowledges that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Second Party for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Second Party's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 REIMBURSABLE(S) 4.2.1 In accordance with and pursuant to the City's procurement code and subject to the limitations set forth below, reasonable expenses, which are directly attributable to the Project may be charged at no more than actual cost. The maximum sum which may be charged for expenses shall not exceed Dollars ($ ), and shall be limited to the following: a) Identifiable transportation expenses in connection with the Project, subject to the limitations of Section 112.061, Florida Statutes. Transportation expenses to locations outside the Miami-Dade/Broward/Palm Beach County area or from locations outside the Miami-Dade/Broward/Palm Beach County area will not be reimbursed unless specifically authorized in advance and in writing by the Contract Administrator. Transportation expenses to and from locations within the Miami-Dade/Broward/Palm Beach County area will not be reimbursed. b) Cost of printing drawings and specifications which are required by or of Second Party to deliver services set forth in this Agreement. 4.2.2 A detailed statement of expenses must accompany any request for reimbursement. Expenses other than auto travel must be documented by copies of paid receipts, checks, or other evidence of payment. 4.2.3 Second Party acknowledges that the dollar limitation set forth in Section 4.2.1 is a limitation upon, and describes the maximum extent of, City's obligation to reimburse Second Party for expenses, but does not constitute a limitation, of any sort, upon Second Party's obligation to incur such expenses or perform the services identified in Article 2. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 Second Party may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of 27 1 x ` i the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Second Party shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers (Exhibit "B"). The certification shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the form, explaining the good cause why payment has not been made. 4.3.2 City shall pay Second Party within thirty (30) calendar days of receipt of Second Party's proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Second Party to comply with a term, condition, or requirement of this Agreement. 4.3.3 Second Party shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or supplies. If Second Party withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from City. 4.4 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.5 Payment shall be made to Second Party at: ARTICLE 5 INDEMNIFICATION Second Party shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, 281: agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Second Party, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Second Party shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Second Party under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. ARTICLE 6 INSURANCE 6.1 Second Party shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "C" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Second Party shall name City as an additional insured under the primary and non- contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Second Party shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Second Party is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit T." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 29 1 P c 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Second Party uses a sub -consultant or subcontractor, Second Party shall ensure that each sub -consultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the sub -consultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Second Party's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Second Party is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Second Party provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board. 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Second Party shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Second Party acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, 301F i_i irm hereby acknowledged by Second Party, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Second Party shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Second Party to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Second Party shall include the foregoing or similar language in its contracts with any subcontractors or sub -consultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Second Party shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Second Party shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Second Party shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Second Party represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Second Party all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK 311Pa` e Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Second Party grants to City a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Second Party, whether finished or unfinished, shall become the property of City and shall be delivered by Second Party to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Second Party shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS City is a public agency subject to Chapter 119, Fla. Stat. Second Party shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Purchaser agrees to: 9.2.1 Keep and maintain all records that ordinarily and necessarily would be required by the City. 9.2.2 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. 9.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 9.2.4 Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Second Party at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Second Party. 9.2.5 If Second Party 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. 9.3 INSPECTOR GENERAL Second Party 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 Second Party and its sub licensees 32 1 i-` i and lower tier sub licensees. Second Party understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Second Party and its subcontractors that are related to this Project. Second Party and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Second Party and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Second Party and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Second Party shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH -IN -NEGOTIATION REPRESENTATION Second Party's compensation under this Agreement is based upon representations supplied to City by Second Party, and Second Party certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Second Party represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the 33 1 P 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 City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Second Party further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a 'public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Second Party has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Second Party is an independent contractor under this Agreement. Services provided by Second Party pursuant to this Agreement shall be subject to the supervision of Second Party. In providing such services, neither Second Party nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Second Party or Second Party's agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Second Party nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Hall, Room 100 N.W. 1st Avenue 341Page Delray Beach, Florida 33444 For Second Party: 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Second Party shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this Agreement or any right or interest herein without City's written consent. Second Party represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Second Party shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Second Party's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Second Party nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Second Party's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Second Party's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Second Party is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Second Party or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. 351Page In the event Second Parry is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Second Parry shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Second Party. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Second Parry shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Second Party elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any parry. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any 361Pa—,e particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Second Party or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms 371Page hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 HIPAA COMPLIANCE It is expressly understood by the Parties that City personnel or their agents have access to protected health information (hereinafter known as "PHI") that is subject to the requirements of 45 CFR §160, 162, and 164 and related regulations. In the event Second Party is considered by City to be a covered entity or business associate or is required to comply with the Health Insurance Portability and Accountability Act of 1996 (hereinafter known as "HIPAA"), Second Party shall fully protect individually identifiable health information as required by HIPAA and, if requested by City, shall execute a Business Associate Agreement for the purpose of complying with HIPAA. Where required, Second Party shall handle and secure such PHI in compliance with HIPAA and its related regulations and, if required by HIPAA or other laws, include in its "Notice of Privacy Practices" notice of Second Party's and City's uses of client's PHI. The requirement to comply with this provision and HIPAA shall survive the expiration or earlier termination of this Agreement. City hereby authorizes the City Manager to sign Business Associate Agreements on its behalf. Second Party shall ensure that the requirements of this Article are included in all agreements with its subcontractors. 9.22 PAYABLE INTEREST 9.22.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Second Party waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.22.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 9.23 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. The attached Exhibits _ are incorporated into and made a part of this Agreement. 381Page 9.24 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. 391Pa—,e WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action on the _ day of , 20_, and Second Party, signing by and through its _ duly authorized to execute same. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF DELRAY BEACH, FLORIDA By— _ Mayor day of 20. 401Page AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND FOR WITNESSES: LIM SECOND PARTY , President day of --'20 (SEAL) 411Page This is an Agreement ("Agreement"), made and entered into by and between: Delray Beach, a municipal corporation of the State of Florida, hereinafter referred to as "city'" and a Florida corporation, hereinafter referred to as "Second Party," (collectively referred to as the "Parties"). WITNESSETH: In consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - This Agreement includes Articles 1 through 9, the exhibits and documents that are expressly incorporated herein by reference. 1.2 Board - The City Commission of Delray Beach, Florida. 1.3 Contract Administrator - The Delray Beach City Manager or the Director of the Delray Beach _ _ Division. The primary responsibilities of the Contract Administrator are to coordinate and communicate with Second Party and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all Parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 City Manager - The administrative head of City appointed by the Board. 1.5 City Attorney - The chief legal counsel for City appointed by the Board. 1.6 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 Second Party shall perform all work identified in this Agreement and Exhibit "A". The Scope of Services is a description of Second Party's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by Second Party impractical, illogical, or unconscionable. 2.2 Second Party acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. 3.1 ARTICLE 3 TERM AND TIME OF PERFORMANCE The term of this Agreement shall begin on _ executed by the Parties and shall end on and is fully . The continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Florida law. 3.2 All duties, obligations, and responsibilities of Second Party required by this Agreement shall be completed no later than . Time shall be deemed to be of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 3.3 In the event services are scheduled to end due to the expiration of this Agreement, the Second Party agrees that it shall continue service upon the request of the Contract Administrator. The extension period shall not extend for greater than three months beyond the term of the Agreement. The Second Party shall be compensated for the service at the rate in effect when the extension is invoked by the City upon the same terms and conditions as contained in this Agreement as amended. The Chief Purchasing Officer shall notify Second Party of an extension authorized herein by written notice delivered prior to the end of the term of the Agreement. ARTICLE 4 COMPENSATION 4.1 City will pay Second Party, in the manner specified in Section 4.3, the total amount of _ Dollars ($ ) for work actually performed and completed pursuant to this Agreement and Dollars ($ ) for all reimbursables provided for in Section 4.2, which amounts shall be accepted by Second Party as full compensation for all such work and expenses. Second Party acknowledges that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Second Party for its services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon Second Party's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 REIMBURSABLE 4.2.1 In accordance with and pursuant to the City's procurement code and subject to the limitations set forth below, reasonable expenses, which are directly at- tributable to the Project may be charged at no more than actual cost. The maximum sum which may be charged for expenses shall not exceed Dollars ($ ), and shall be limited to the following: a) Identifiable transportation expenses in connection with the Project, subject to the limitations of Section 112.061, Florida Statutes. Transportation expenses to locations outside the Miami-Dade/Broward/Palm Beach County area or from locations outside the Miami-Dade/Broward/Palm Beach County area will not be reimbursed unless specifically authorized in advance and in writing by the Contract Administrator. Transportation expenses to and from locations within the Miami-Dade/Broward/Palm Beach County area will not be reimbursed. b) Cost of printing drawings and specifications which are required by or of Second Party to deliver services set forth in this Agreement. 4.2.2 A detailed statement of expenses must accompany any request for reimbursement. Expenses other than auto travel must be documented by copies of paid receipts, checks, or other evidence of payment. 4.2.3 Second Party acknowledges that the dollar limitation set forth in Section 4.2.1 is a limitation upon, and describes the maximum extent of, City's obligation to reimburse Second Party for expenses, but does not constitute a limitation, of any sort, upon Second Party's obligation to incur such expenses or perform the services identified in Article 2. 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 Second Party may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed. Second Party shall submit with each invoice a Certification of Payments to Subcontractors and Suppliers (Exhibit "B"). The certification shall be accompanied by a copy of the notification sent to each subcontractor and supplier listed in item 2 of the form, explaining the good cause why payment has not been made. 4.3.2 City shall pay Second Party within thirty (30) calendar days of receipt of Second Party's proper invoice, or as required by Florida Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Contract Administrator. Payment may be withheld for failure of Second Party to comply with a term, condition, or requirement of this Agreement. 4.3.3 Second Party shall pay its subcontractors and suppliers within thirty (30) days following receipt of payment from City for such subcontracted work or supplies. If Second Party withholds an amount from subcontractors or suppliers as retainage, such retainage shall be released and paid within thirty (30) days following receipt of payment of retained amounts from City. 4.4 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to the Contract Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. 4.5 Payment shall be made to Second Party at: ARTICLE 5 INDEMNIFICATION Second Party shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Second Party, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, Second Party shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Second Party under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. ARTICLE 6 INSURANCE 6.1 Second Party shall maintain at its sole expense, at all times during the term of this Agreement (unless a different time period is otherwise stated herein), at least the minimum insurance coverage designated in Exhibit "C" in accordance with the terms and conditions stated in this Article. 6.2 Such policies shall be issued by companies authorized to do business in the State of Florida, with a minimum AM Best financial rating of A-. Coverage shall be provided on forms no more restrictive than the latest edition of the applicable form filed by the Insurance Services Office. Second Party shall name City as an additional insured under the primary and non-contributory Commercial General Liability policy, Business Automobile Liability policy as well as on any Excess Liability policy. The official title of the Certificate Holder is City of Delray Beach, Florida. This official title shall be used in all insurance documentation. 6.3 Within fifteen (15) days of notification of award, Second Party shall provide to City proof of insurance in the form of Certificate(s) of Insurance and applicable endorsements, Declaration pages, or insurance policies evidencing all insurance required by this Article. City reserves the right to obtain a certified copy of any policies required by the Article upon request. Coverage is not to cease and is to remain in force until the City determines all performance required of Second Party is completed. For Professional Liability Insurance, coverage shall remain in force for two (2) years after the completion of services unless a different time period is stated in Exhibit "C." City shall be notified of any restriction or cancellation of coverage within thirty (30) days. If any of the insurance coverage will expire prior to the completion of the work, proof of insurance renewal shall be provided to City upon expiration. 6.4 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. 6.5 If Second Party uses a sub -consultant or subcontractor, Second Party shall ensure that each sub -consultant or subcontractor names "City of Delray Beach, Florida" as an additional insured under the sub -consultant's or subcontractor's Commercial General Liability, Business Automobile Liability, and Excess/Umbrella policies. ARTICLE 7 TERMINATION 7.1 This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Second Party's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if the Second Party is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if the Second Party provides a false certification submitted pursuant to Section 287.135, Florida Statutes. This Agreement may also be terminated by the Board: 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 7.4 In the event this Agreement is terminated for convenience, Second Party shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. Second Party acknowledges that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Second Party, for City's right to terminate this Agreement for convenience. 7.5 In the event this Agreement is terminated for any reason, any amounts due Second Party shall be withheld by City until all documents are provided to City pursuant to Section 9.1 of Article 9. ARTICLE 8 NON-DISCRIMINATION 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. Failure by Second Party to carry out any of these requirements shall constitute a material breach of this Agreement, which shall permit the City, to terminate this Agreement or to exercise any other remedy provided under this Agreement, or under the Delray Beach Code of Ordinances or under applicable law, with all of such remedies being cumulative. Second Party shall include the foregoing or similar language in its contracts with any subcontractors or sub -consultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as City deems appropriate. Second Party shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of any State or Federal law. Second Party shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Second Party shall take affirmative steps to prevent discrimination in employment against disabled persons. By execution of this Agreement, Second Party represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. City hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle City to terminate this Agreement and recover from Second Party all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. ARTICLE 9 MISCELLANEOUS 9.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City, and, if a copyright is claimed, Second Party grants to City a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Second Party, whether finished or unfinished, shall become the property of City and shall be delivered by Second Party to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Second Party shall be withheld until all documents are received as provided herein. 9.2 PUBLIC RECORDS City is a public agency subject to Chapter 119, Fla. Stat. Second Party shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Purchaser agrees to: 9.2.1 Keep and maintain all records that ordinarily and necessarily would be required by the City. 9.2.2 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. 9.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 9.2.4 Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Second Party at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Second Party. 9.2.5 If Second Party 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. 9.3 INSPECTOR GENERAL. Second Party 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 Second Party and its sub licensees and lower tier sub licensees. Second Party understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 9.4 AUDIT RIGHTS, AND RETENTION OF RECORDS City shall have the right to audit the books, records, and accounts of Second Party and its subcontractors that are related to this Project. Second Party and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Second Party and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Second Party or its subcontractor, as applicable, shall make same available at no cost to City in written form. Second Party and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Second Party shall ensure that the requirements of this Section 9.3 are included in all agreements with its subcontractor(s). 9.5 TRUTH -IN -NEGOTIATION REPRESENTATION Second Party's compensation under this Agreement is based upon representations supplied to City by Second Party, and Second Party certifies that the information supplied is accurate, complete, and current at the time of contracting. City shall be entitled to recover any damages it incurs to the extent such representation is untrue. 9.6 PUBLIC ENTITY CRIME ACT Second Party represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and 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 City, may not submit a proposal on a contract with City for the construction or repair of a public building or public work, may not submit proposals on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement, and may result in debarment from City's competitive procurement activities. In addition to the foregoing, Second Party further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Second Party has been placed on the convicted vendor list. 9.7 INDEPENDENT CONTRACTOR Second Party is an independent contractor under this Agreement. Services provided by Second Party pursuant to this Agreement shall be subject to the supervision of Second Party. In providing such services, neither Second Party nor its agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Second Party or Second Party's agents any authority of any kind to bind City in any respect whatsoever. 9.8 THIRD PARTY BENEFICIARIES Neither Second Party nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.9 NOTICES Whenever either Party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following: For City: City Hall, Room 100 N.W. 1St Avenue Delray Beach, Florida 33444 For Second Party: 9.10 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other Party. In addition, Second Party shall not subcontract any portion of the work required by this Agreement, except as may specifically provided for herein. Notwithstanding the Termination provision of this Agreement, City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Second Party of this Agreement or any right or interest herein without City's written consent. Second Party represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Second Party shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Second Party's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 9.11 CONFLICTS Neither Second Party nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Second Party's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. None of Second Party's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Second Party is not a party, unless compelled by court process. Further, such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude Second Party or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Second Party is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Second Party shall require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as Second Party. 9.12 MATERIALITY AND WAIVER OF BREACH Each requirement, duty, and obligation set forth herein was bargained for at arm's- length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement, and each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.13 COMPLIANCE WITH LAWS Second Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Second Party elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days of final court action, including all available appeals. 9.15 JOINT PREPARATION The Parties and their counsel have participated fully in the drafting of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 9.16 INTERPRETATION The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 9.17 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect. 9.18 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All Parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, SECOND PARTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. 9.19 AMENDMENTS The Parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and Second Party or others delegated authority to or otherwise authorized to execute same on their behalf. 9.20 PRIOR AGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 9.21 HIPAA COMPLIANCE It is expressly understood by the Parties that City personnel or their agents have access to protected health information (hereinafter known as "PHI") that is subject to the requirements of 45 CFR §160, 162, and 164 and related regulations. In the event Second Party is considered by City to be a covered entity or business associate or is required to comply with the Health Insurance Portability and Accountability Act of 1996 (hereinafter known as "HIPAA"), Second Party shall fully protect individually identifiable health information as required by HIPAA and, if requested by City, shall execute a Business Associate Agreement for the purpose of complying with HIPAA. Where required, Second Party shall handle and secure such PHI in compliance with HIPAA and its related regulations and, if required by HIPAA or other laws, include in its "Notice of Privacy Practices" notice of Second Party's and City's uses of client's PHI. The requirement to comply with this provision and HIPAA shall survive the expiration or earlier termination of this Agreement. City hereby authorizes the City Manager to sign Business Associate Agreements on its behalf. Second Parry shall ensure that the requirements of this Article are included in all agreements with its subcontractors. 9.22 PAYABLE INTEREST 9.22.1 Payment of Interest. Except as required by the Prompt Payment laws, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Second Parry waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. 9.22.2 Rate of Interest. In any instance where the prohibition or limitations of Section 9.21.1 are determined to be invalid or unenforceable, the annual rate of interest payable by City under this Agreement, whether as prejudgment interest or for any other purpose, shall be .025 percent simple interest (uncompounded). 9.23 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties. The attached Exhibits are incorporated into and made a part of this Agreement. 9.24 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a parry hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 9.25 MULTIPLE ORIGINALS Multiple copies of this Agreement may be executed by all Parties, each of which, bearing original signatures, shall have the force and effect of an original document. WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: City through its Board, signing by and through its Mayor or Vice -Mayor, authorized to execute same by Board action on the day of , 20_, and Second Party, signing by and through its , duly authorized to execute same. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk APPROVED AS TO FORM: City Attorney By Mayor day of , 20_. AGREEMENT BETWEEN DELRAY BEACH, FLORIDA AND FOR WITNESSES: By SECOND PARTY , President day of , 20 (SEAL) EXHIBIT A SCOPE OF SERVICES EXHIBIT B CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS RFP/RLI/Proposal/Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that: 1. CONTRACTOR has paid all subcontractors and suppliers all undisputed contract obligations for labor, services, or materials provided on this project in accordance with Section 4.2.3 of the Agreement, except as provided in paragraph 2 below. 2. The following subcontractors and suppliers have not been paid because of disputed contractual obligations; a copy of the notification sent to each, explaining in reasonably specific detail the good cause why payment has not been made, is attached to this form: Subcontractor or Supplier's name Date of disputed Amount in and address invoice dispute 3. The undersigned is authorized to execute this Certification on behalf of CONTRACTOR. Dated , 20 Contractor By (Signature) By (Name and Title) CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS (Continued) STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_ (NOTARY SEAL) My commission expires: (Signature of person taking acknowledgment) (Name of officer taking Acknowledgment) typed, printed, or stamped (Title or rank) (Serial number, if any) EXHIBIT C INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH Second Party shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. Second Party further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. General liability insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate annually, providing coverage for Premises and Operations, Products and Completed Operations, Fire Legal Liability, and Personal and Advertising Injury Liability. Insurance Policies must be obtained through insurance companies that are authorized to transact business in the State of Florida by the Department of Financial Services, and they must carry a minimum rating of A.M. Best of A- as to management and VII as to financial size. C. Motor Vehicle Liability Insurance covering all vehicles associated with Second Party operations to include all owned, non -owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. D. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non -renewal or cancellation. 3. Second Party shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, at least thirty (30) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by Second Party. If any of the above coverages expire during the term of this Agreement, Second Party will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1St Avenue, Delray Beach, Florida 33444 with a copy to Assistant City Manager, 100 N.W. 1St Avenue, Delray Beach, FL 33444 Purchasing Division 0 Finance Department *(561) 243-7161/7163 oFax (561) 243-7166 BID NO: 2095-41 ISSUE DATE: April 26, 2015 TEL: (561) 243-716117163 PAX: (561) 243-7166 PURCHASING DIVISION DUE DATE: Thursday, May 21, 2015 TITLE: POLY PHOSPHATE SUPPLY AND DELIVERY DEPARTMENT: WATER TREATMENT PLANT TIME. 10:00 A.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, 900 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a, m. to 5:00 p.m., Monday through Friday, except holidays. 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 onlor before the closing date and hour as shown above. Included in the envelope shall be ONE (1) unbound original, THREE (3) copies of all bid sheets, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL''Each copy must be identical to the original and the file format on the CD or thumb -drive should be in Portable Document Format (pdt). 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.corn or by calling them at 1-800-711-9712 b) Request via email ilarlal u.rii sae a each-f.Q n 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 errors 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. IIPi3g,c DID No. 2015-41 POLY DELIVERY r Annual Contract APRIL 26a 2011'5 This Request for 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. SCOPE OF SERVICES: The City of Delray Beach Water Treatment Division is requesting bids for the removal and proper disposal of dry lime sludge. DUE DATE: Thursday, May 21, 2095, prior to 10.00 R.M. at which time all bid will be publicly opened and read. SEALED BIDS: Sealed bids will be received in the Purchasing Once 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 s` 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 sealed package: Indemnity/Hold Harmless Agreement ® Cone of Silence Drug Free Workplace Certification ® Corporate Acknowledgment s Certificate (If Corporation) ® 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. IST 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. INQUIRIES: Questions regarding this solicitation must he sent through email to purchasing, nada(ail- ycieLgybq€ Glj. oy, To ensure a timely response, inquiries should be made by, Thursday, May 14, 2015 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. 2111agi DI® N®0 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract Invitation to Bid 1-2 Table of Contents 3 General Conditions, instructions and information 4-9 Cone Of Silence 10 Drug Free Workplace Certification 11 Specifications 12-14 Detailed Specifications 15 Schedule if Pricing 15 Professional References 17 Insurance Requirements 18-21 Bid Signature Form 22 Statement of "NO BID" 23 Sample Agreement 24 31VaL)v GENERAL CONDITION1591 SW I INFORMATION BID No. 2115-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract 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 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. 4Illuk�e 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 prices) 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.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. S. 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. 51 Pa Ztie 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. 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 27 — 30 for Insurance Requirements. 16. 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 and/or irregularities, and to negotiate 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. EXCEPTIONS TO CONDITIONS 1 THRU 9 Boiler Plate : Any 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 two (2) 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. 7111aue 4 21. ANTI -COLLUSION, A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Defray 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, at/ 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 cancellationitermination of the contract. 24. 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. 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. 8111a` C 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 accarlratspayaf lc (r�rri lr l�_ yl each coal 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. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5916) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($95,000.), 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 1 -`Ave Delray Beach, FL 33444 (Remainder of page intentionally left blank) 9133,Eec COME OF SNLEMCE ®ID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Cantfact 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 Defray 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. 2-355. 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, 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 meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made In an amount less than the competitive bid threshold set forth In the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (0 The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. , . , F2 Industries, LLC CoaftdoilsName 5/15/15 Date 10111a4.e DRUG FREE WORKPLACE ® 1 BI® No. 2015-41 POLY PHO$PHATE SUPPLY AND ®ELIVERV 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 28Z 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. F2 Industries, LLC < i GCC�� ' •�`� � 5/15/15 Conf�aCWS Name Signafute Date II111 a_- SOPECIFIGATIONS BID N®0 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract A, PURPOSE The purpose and intent of this "Invitation to Bid" is to establish an open-end (blanket) contract for furnishing and delivery of Poly Phosphate for The City of Delray Beach Water Treatment Plant, 200 S.W. 6th Street, Delray Beach, Florida, 33444. Service and good quality are of primary concern. Bidders with low standards for either service or quality will be judged to be non -responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of material andlor workmanship than is described herein. B. NOTICE OF AWARD It is and shall be understood and agreed that a Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering the 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. C. COMPETENCY Ofi BIDDERS Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established satisfactory record of performance for a reasonable period of time, have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated The term "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach. D. VENDOR SERVICE REPRESENTATIVE The Bidder shall submit with his bid proposal the name, address, and phone number of the person($) to be contacted for information and for the coordination of service. A contact for both regular work - hours and after-hours, weekends, and holidays must be identified. E. SAFETY STANDARDS -PROTECTION OF PROPERTY Unless otherwise stipulated in the bid, all labor, materials, supplies and/or services shall comply with anyland all applicable OSHA standards. The Successful Bidder shall at all-time guard against damage or loss to the property of the City of Delray Beach, or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The City of Delray Beach may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful Bidder or his/her agents. F. PERMITSILICENSESIFEES Any permits, licenses, or fees required will be the responsibility of the Contractor, no separate payment will be made. Adherence to applicable code regulations, (Federal, State, County, City) are the responsibility of the Contractor. G. FIRM PRICE The City requires a firm fixed price on the unit price(s) as bid for the Contract period. H. CONTRACT TERM Term of the Contract shall be two (2) year(s) commencing on/or about May 2015, and expiring two year(s) later. The city reserves the right to renew the contract for two 2 consecutive ter (s) of one (1) year(s) per paragraph #19 of the General Conditions of this bid. L QUANTITIES Quantities stated on Bid Form (Schedule of Pricing) are estimates only. No guarantee is given as to the actual quantities that will be needed. Estimated quantities are based upon previous needs and estimated usage for a twelve (12) month period. Said estimated quantities maybe used for purpose of evaluating the low bidder meeting specifications by the City. J. DELIVERY All prices to be quoted F.O.B. Delivered Destination, City of Delay Beach, Water Treatment Plant, 204 S. W. 6th Street, Delray Beach, Florida, 33444. K. ALTERNATES For purpose of bid evaluation, Bidder(s) must indicate any variances to the specifications, terms, and conditions, NO MATTER HOW SLIGHT on the Bid Form. If variations are not stated on the Bid Form, it shall be construed that the Bid fully complies with the specifications, terms, and conditions as given herein. NOTE: The use of a certain manufacturer's brand name and catalog number is not intended to exclude consideration of products of other manufacturers meeting the requirements for the item and whose specifications are equal by industry standards. Alternates may be acceptable if they can be proven to be better than or equal to that which is specified. THE CITY OF DELRAY BEACH WILL BE THE SOLE JUDGE OF ALTERNATE BRAND ACCEPTABILITY. L. TERMINATION This AGREEMENT may be terminated by either party by ten (10) calendar day's prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CONTRACTOR and the CITY shall also have a right to terminate this AGREEMENT for convenience at any time by providing thirty (30) calendar days written notice to either one or the other. M. JOINT BIDDING CO-OPERATIVE PURCHASING AGREEMENTS State on Bid Form if you will extend the same price, terms, and conditions of this bid to other Palm Beach Governmental agencies. 131i'a e O. PUBLIC ENTITY CRIMES INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a convicting 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 of 36 months from the date of being placed on the convicted vendor list. P. OCCUPATIONAL HEALTH AND SAFETY.` incompliance with Chapter 442, Florida Statutes, any items delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: (a) The chemical name and the common name of the toxic substance. (b) The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosiveness, and reactivity; 2. The known acute and chronic health effects of risk from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance, and 3. The primary routes of entry and symptoms of overexposure. (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substance, including appropriate emergency treatment in case of overexposure. (d) The emergency procedures for spills, fire, disposal, and first aid. (e) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. ( The year and month, if available, that the information was compiled and the name, address, and the emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, Florida, 32309-5874. Telephone 1-800-367-4378. ALL TOXIC SUBSTANCES MUST BE LABELED FOR IDENTIFICATION, iN ACCORDANCE WITH OSHA STANDARDS. REVAILED SPECIFICATIONS BID No® 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERI Annual Contract The City of Delray Beach is seeking a firm per pound price for the purchase of eighty-four thousand (84,000) pounds per year, of Poly Phosphate. The City is prepared to take two (2) split shipments of forty-two thousand (42, 000) pounds and forth -two thousand (42, 000) pounds respectively. The Poly Phosphate is to be packed in fifty (50) and/or forty (40) pound, multi -waxed, paper bags. The successful Bidder must submit a certificate of compliance and a certified analysis by an independent lab with each shipment, as to the composition of their product. A copy of the package label shall also accompany your Bid. Each and every package shall bear the name of the product and the company contents label. CHEMICAL ANALYSIS: The Chemical analysis should consist or equal to the following blend of ingredient for Aqua Mag approximately the same proportions: Total Phosphate (as PO4) 92% Orthophosphate (as PO4) 26% Polyphosphate (as PO4) Bulk Density (avg.) 66 68 lb.lft. 3 pH(1%w.w) Qualified Bidder(s) shall be vendors who are manufacturers of the above name product, with NSF Certification and are currently in the business of supply this blend to other Water Treatment Plants. in the Reference Section of this bid package, please indicate the name of the other customers we can contact. Successful Bidder shalt submit quarterly analytical reports on four distribution samples. These reports shall include, but not necessarily be limited to, analyzing water for PN hardness, alkalinity, Fe, (and other metals if necessary) and a complete phosphate profile. At the request of the Water Treatment Manager, the supplier shall also provide coupons holder, metal coupons and corrosion studies semi-annually (twice a year). ISIPLkgC f=l B. SCHEDULE OF PRIGNEG BID N®. 2015-41 ESTMAT1ED ANNUAL USAGE FOR THE CITY OF DELRAY BRACH IS RIM POUNDS. Delivery in 7-14 calendar days after receipt of order. C. NSF Certification included? ® Yes D. Base price per pound shall remain firm throughout the contract period, and shall be quoted F.O.B. destination: CITY OF DELRAY BEACH WATER TREATMENT PLANT 200 N.W. 61" STREET DELRAY BEACH, FL. 33444. E. State your method of delivery from source to the City of Delray Beach Water Treatment Plant. Commom Carriers F. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? 0 Yes ❑ No G. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ Newspaper Ad ® City Hall ❑ Other, please specify. hereby acknowledge and declare that I have read and understa.n�lthe "Bld Request" document in full for Poly Phosphate Supply and Delivery for the Delray Beath Water Treatment Plant, BID #2015-41 and completely understand the requirements and expectation. 161P,120 Estimated Annual unit: Price Total Estimated Quanti Per Pound Annual Cost POLY PHOSPHATE 84,000 lbs. $1 .073 $ 90,132,00 Supply and Delivered Delivery in 7-14 calendar days after receipt of order. C. NSF Certification included? ® Yes D. Base price per pound shall remain firm throughout the contract period, and shall be quoted F.O.B. destination: CITY OF DELRAY BEACH WATER TREATMENT PLANT 200 N.W. 61" STREET DELRAY BEACH, FL. 33444. E. State your method of delivery from source to the City of Delray Beach Water Treatment Plant. Commom Carriers F. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? 0 Yes ❑ No G. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ Newspaper Ad ® City Hall ❑ Other, please specify. hereby acknowledge and declare that I have read and understa.n�lthe "Bld Request" document in full for Poly Phosphate Supply and Delivery for the Delray Beath Water Treatment Plant, BID #2015-41 and completely understand the requirements and expectation. 161P,120 'PROFESSIONAL REFERENCES ®rD No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract *Plaaae,a rrmmnlaatw 4hig nanp or attach your reference 6Jaae to this Sheet. AgencylCompeny City of Las Cruces Address 680 N Motel Blvd. ct , statezt Las Cruces, NM 88005 Contact Person Lorenzo Telephone 575-528-3547 nates ofservfce 2008- Present Type ofSorvice Supply Water Treatment Chemicals Comments: AgencyMOgmpany Hallsdale Powell Utility District Address 285 Moore Lane city, State zip Powell, TN 37849 Contact Person Joe Snyder Telephone 865-945-2860 Dates of service 2009-- Present D22 of service Comments: Supply Water Treatment Chemicals Comments: A enc /Com an City of Delray Beach- Imcumbent Address 200 SW 7th Street city,statezt Delray Beach F1, 33444 Contact Person John Bullard Telephone 561-243-7319 Dates of Service 2011 to Present Type ofServtce Supply Water Treatment Chemicals Comments: Submitted By: F2 Yndustries,LLC Date: 5/15/15 VENDOR NAME 17111-:tgt A 91 INSURANCE REQUIREMENTS 010 No, 2045-411 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Contract 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. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Com ensatlon - 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 riled 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 $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non -Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The reaulred certificates of insurance_ shall not only name the types of policiesprovided.-but shall as additio al insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words 'endeavor to" and taut failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". 181Pagr SAMPLE CERTIFICATE OF LIABILITY INSURANCE L= THIS C TIFICATS IS ISSUF� AS A HATTER 6'r IN ONLY AND CONFERS NO' VM4 THE CE�TIFIGATE Hol -DER• T?Es THE POLMEZ C83tTIFIGATE DOES NOT pFFUMATIVELY OR NEGATIVELY A14FHO, EJ'l o OR ALTER T1i6 COVFJi.'t UWQ F WORDED a Atli7iQRp D REt,flLY. Tuts CEiiT rt'7GATE OF 1"i5t]RANCE DOE& !Wi CONSTTTtfrE A CONTRAGT BEi1YE{ .. REP'SEN-rAT1VEORPRODUCER.AND THE CERTtr"ICATHHD4RE:R. endorsed. 1. 11 to Sl4POsfTANT: H the eat#fkate hotdarlSln ADOrrkq`7N.lN9UREA, taw pefscYS) tho WrM$ Ind eonditfDns ottha pansy, --112Poik>�s "y rtgvtzs en endoav� Ant A s�tement on this teit[t3tate doss not corsf=r rights m the Cgg=tc haldv in isou oar Uch andOfSCn}D a Phon3Phn Doe rsR e:'"T Parc � ABI; insurance Company ° Address M -MU tA, T - esr�ta. yyScetaiE s Contractor Name cvsazato� Address n e• COVEftAGF� CFRMCA Nuhla ENVISION NtiN9ER 1, is 7D COMFY TAIV Tdf FOUmE:S OF t113U YCE i35TET) eELQ kLa1 c BF�t k5- ED To SHE NSu3Fn Y.�.?!Eb A9cNE WR 1'tie POc}:Y PEft70] Q}pp(•1.TFA. trCT1",t31'}ST�'tr�rlG % RE4�3t�7tsTTi, TFRU DR pDh'➢rfTOY OP ANY CONTRACT OR OTIAFR DOCVt=EN]' S%t7fi RES.aECT 70 VlrttctE uq=p ZTjc, £ 1ETY aE 155UE17 5 P h£RTA'N. TliE INSUWs14M AFFORDED EY THS POLIOS OESCRwED HERM is SU&MOT TO ALL Th' TEPMt EXCLUstNS A14 LSA IDMONS OF S]"PC1fE 5. L1�:T5 5r'AV,13 S4�.Y HAVIB BEF?i REDt1CID BY PAcOCLAlu9. Lte.iS !•tyi B'�c Sq YYPa (.'F va31Rw"E EEh95F-Lli'a'1tY A X sw uAsvtY X Dr , as s 1qt 0-kvSUAAE [X1Q=,a P9G0ruaWouM } t> F AVlpElaet8iu�11"r A X AWO; � A tac�sstVB Fy�,o, �'n�elray>Sea & zs listed as Additional Insured ame, uEtborotice for Cancellation - - C[TDB-9 SHOULD AHr t)F TfSEA CfE DESCR.33�PCL3CdE3 ea[:A17G>-'LED HE7DRE City of Delray Beach YE hFNM- ENFMAT" DTN�P3LIDYPRURS 30 Days Notice 1D4 i\W 1st Avenue vnz rc= rsxm r Delray Beach. FL 33444 0198e-2010ACORRCORPORATION. All csl tsrr—MA ACORD 2-S P dO 05j The ACORD rrama and iaso are Teglstd —rS s of ACORD 19111a -,i IMPORTANT If tho cerRtioste holder Is an AiOMONAL MOM% the Pn€lW(W) taus( bo endot w. A statomwt on this oertif#-oto dues nOtonnfef rights fo tho caMtjoste holds{ fn 6ou of such endossemeni{s}, tf SUBROGATt4N IS WAIVE[, suh)eut to a o tons and MWIldans of tha policy, CQga4% petioles may mWfo m endor wenL A sfatement On this We fWate does not confet rags to the oe 0cate holdoria Reu of such endamem0 O). pISCLAIMER The Ceyifliaetn of Insurance ou Um rovOse stde Of IMs farm doas not constitute a oufbtaat beton the [ssvtng fnsuiaarisj, aui mUW t8PaesenW*& or pmduoer, and tho cartfticee boldo, nor does it sfffirtaativ* ar negatively amend, eKWW or vAer Qw cavergg OWN by the pales Wad themom 201 11 a -, 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 modifies Insurance provided under the fo kming: C04!MERCIAL c4 ---NERAL LMILITY COVERAGE PART ' A, section Il • Who is An Insured is amended lo This Insurance does not apply m; Include as an additlwai insured any person or organization when you and such person 1, 'Bodily Injury`, 'property damage' or or oroanizailorr have agreed in writing In a 'personal and advertising Injury' caused, contract or agreement that such person or in whole or In part by the rendering of, organization be added as an additbnai In- or the fallure to render, any professloaaf sured oh your policy. Such person or organ- architectural, engineering, or surveying tzation Is an additional insured only with sarrlces, inctuding; respect to llablitty caused, to whole or in part, by'yuur,&oriC performed for that Insured and a. The preparing, approving, or falling Included In the 'products-eomploted agar- to prepare or approve, maps, shop atlons' hazard, drdwings, opinions, reports, surveys. The overage afforded to Lha Additional la- field orders, change orders, or sured Is sclaly limited to llablilly spectficalty drawing end spocifcatlonst and , resulting from the conduct of the teamed In- sured, which may be Imputed to the Addl- b. SupervIsory, inspection, architect ttonal Insured. turat, or engineering activities. B. This endorsement provides n0 oovarage 10 2, Willful misconduct of, or for defects In the Additional Insured for liability caused, In design furnished by, the additional In - whole or In part, out of tYe claimed sured or its'emptoyees'. negligence of the Additional Insured, other than which may be Imputed to tha Additlonal As a condlton of coverage, the additional In - Insured by virtue of ilia conduct of the Harped sured shall be obligated to tender the defemo Insured. and Indcmnity of every clalm or suit to all C, ttiltr respect to the Insurance afforded these additional Insureds, the following additional other Insurers that may prcrrlde coverage to the additional Insured, whether contingent, exclusion applies: excess or primary. 3rp:stcs corv�h;M 4rkrtN ar lroGnuv CG 70 BT 0105 SeMces OKr7.+, IR. biLd Its prrtrirsiaz CITY OF DELRAV BID SIGNATURE FORMA DID Hee 2015-49 POLY PHOSPHATE SUPPLY AND DELIVERY 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 F2 industries, LLC ➢ Name as registered with their in State of 96L STREET ADDRESS 423 C Smyrna Square DRive P.O. Box address not aermitted Smyrna, TN 37167 CITY, STATE, ZIP CODE Smyrna, TN:-: 371 67 MAILING ADDRESS: �' Check if same as Business address above. BUSINESS MAILING ADDRESS Same as above TELEPHONE 1 CELL NUMBER CITY, STATE, ZIP CODE EMAIL ADDRESS AUTHORIZED SIGNATURE (Wdtten) �l William F rrell, �cT PRINT NAME P TITLE (of person signing form) Partne 5/15/15 DATE 615-459-4620 TELEPHONE NUMBER 615--459-4836 FAX NUMBER Kimberly@F21nd.com EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT NAME Same as above TELEPHONE 1 CELL NUMBER FAX EMAIL ADDRESS 22111 CATV OF DELRAY BEACH $TAYEMENT OF QNO Uii®a BID No. 2015-41 POLY PHOSPHATE SUPPLY AND DELIVERY Annual Canitmct N�,� If you are not bidding on this service or commodity, please complete and return this form via fax (561) 243- 7166 or email to padat(�iky yv Leiray3ieacil,coin VENDOR NAME BUSINESS ADDRESS CITY, STATE, ZIP CODE CONTACT NUMBER SIGNATURE ©ATE Minority Owned Business: ❑ Black ❑ Hispanic ❑ Woman ❑ Other We, the undersigned have declined to bid on BID No. 2015.41 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) 23111aL,�! fI N DUS T R" I E S 5543 Edmondson Pike # 156 Nashville, TN 37211 877-828-1652 DPP -2500 DESCRIPTION: DPP -2500 is a dry powder ortho-polyphosphate blend. The product is effective in a broad range of water applications for the control of corrosion and sequestration. DPP -2500 works effectively on surface water, well water, and many other types of raw water sources. DPP -2500 is NSF Certified for use in potable water. The high activity of DPP -2500 allows it to be used at very low dosage rates. PRODUCT DATA: Color _ white powder Odor - none pH of 1% solution - neutral Flash point -- None Solubility in water: complete MUL in potable water: 14 mg/liter P205 content: 68% DOSAGE: The required dosage of DPP -2500 will vary depending on the type of water to be treated and the severity of the corrosion. FEEDING: DPP -2500 should be dissolved in a day tank and fed continuously by means of a chemical metering pump for continuous treatment applications. Your service representative will work closely with you to determine the best method of feeding DPP -2500 to your system. PACKAGING Packaged in 50 pound bags and pails. MATERIAL SAFETY DATA SHEET F2 INDUSTRIES, LLC. 5543 Edmondson Pike Nashville, TN 37211 877-828-1652 24-HOUR EMERGENCY TELEPHONE: CHEMTREC 800-424-9300 -------------------------------------------------------------------------------------------------------------------- PRODUCT NAME: DPP -2500 NSF Certified LATEST REVISION: 10/13 PREPARED BY: DBG MUL in potable water: 14 mg/liter -------- ------------------------------------------------------------------------------------------------------------ SECTION I - PRODUCT IDENTIFICATION -------------------------------------------------------------------------------------------------------------------- CHEMICAL NAME AND SYNONYMS: alkaline phosphate CHEMICAL FAMILY: alkaline phosphate FORMULA: Proprietary. -------------------------------------------------------------------------------------------------------------------- SECTION II - HAZARDOUS COMPONENTS -------------------------------------------------------------------------------------------------------------------- INGREDIENT CAS No. PERCENT sodium carbonate 497-19-8 <5% INGREDIENTS NOT PRECISELY IDENTIFIED ARE PROPRIETARY OR NONHAZARDOUS. ALL INGREDIENTS APPEAR ON THE EPA TSCA INVENTORY. SECTION III - PHYSICAL DATA -------------------------------------------------------------------------------------------------------------------- INITIAL BOILING POINT: NA SPECIFIC GRAVITY (H2O=1): NA VAPOR PRESSURE: NA % VOLATILE BY VOLUME: NA VAPOR DENSITY (AIR=1): NA EVAPORATION RATE (H20=1): NA SOLUBILITY IN WATER: Total. pH(1% sol'n.): 8-9 FREEZE POINT: NA. EXPIRATION: 12 MONTHS APPEARANCE AND ODOR: white powder, no odor SECTION IV - FIRE AND EXPLOSION DATA ---------------------- ---------------------------------------------------------------------------------------- FLASH POINT: None. EXPLOSIVE LIMIT: None. EXTINGUISHING MEDIA: Media appropriate to base cause of fire. HAZARDOUS DECOMPOSITION PRODUCTS: None. SPECIAL FIREFIGHTING PROCEDURES: None. ------------------------------------------------------------------------------------------------------------- SECTION V - HEALTH HAZARD DATA -------------------------------------------------------------------------------------------------------------------- EFFECTS OF OVEREXPOSURE BREATHING: Respiratory irritation. Severe exposure may result in damage to lung tissue and result in chemical pneumonia. EYES: Severe Irritation, burns, possible irreversible eye damage or blindness upon contact SKIN: Possible irritation upon contact. SWALLOWING: Possible irritation of the mouth, throat, esophagus, and stomach. Listing Category Search Page I NSF International The Public Health and Safety Organization NSF Product and Service Listings Page 1 of 2 These NSF Official Listings are current as of Friday, May 1.5, 2015 at 12:16 a.m. Eastern Time. Please contact NSF International to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link, for the most accurate information: http:Ilinfo.nsf.org/Certified.IP",sChemicals/Listiyigs.asp? CompanyName=f2&TradeName=DPP2500& NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects F2 Industries, LLC 5543 Edmondson Pike #166 NashNdlle, TN 37211-6806 United States 615-828-1662 Facility: # 1 USA Blended Phosphates Trade Designation n,oductFunetion Max Use DPP2500 Corrosion & Scale Control llmg/L http://info.nsf. org/CertifiedIPwsChemicalsIListings, asp?CompanyName=f2 &TradeName�... 5/15/2015 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 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Q Proposed Contract Term: Comments and Notes: Bid Award 2015-41 Poly Phosphate. Effective Date: MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 4, 2015 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JULY 7, 2015 BID AWARD/B & B UNDERGROUND CONTRACTOR, INC./ALLEN AVENUE DRAINAGE IMPROVEMENTS PROJECT BACKGROUND Consider an award to B & B Underground Contractor, Inc. as the lowest bidder, in the amount of $81,278.00 for construction of the Allen Avenue Drainage Improvements Project (#2009-0015/Bid # 2015-46). This recommendation for award is in compliance with the Code of Ordinances, Section 36.02 (A)(1). Staff solicited bids through the formal competitive bid process. The City received seven responses. This award is recommended to the lowest bidder, B & B Underground Contractor, Inc. The work generally consists of the following: construction of approximately 171 linear feet of 15" Drainage Pipe, 11 linear feet of 24" Drainage Pipe, two type "C" inlets, one type "E" inlets, 1" Asphalt overlay and sodded swale. This project also includes cleaning and grubbing, asphalt trench repair, concrete and paver brick driveway apron replacement, and maintenance of traffic. Attachments include: - Bid Tabulation sheet - Location Map DISCUSSION This is a request for City Commission to consider award to B & B Underground Contractor, Inc. in the amount of $81,278.00 for construction of the Allen Avenue Drainage Improvements Project (#2009- 0015 / Bid # 2015-46). TIMING OF THE REQUEST All bids shall remain subject to acceptance for a period of ninety (90) days after the bid opening of May 11, 2015. FUNDING SOURCE Funding available from #448-5461-538.68-55. RECOMMENDATION By motion, approve the award to B & B Underground Contractor, Inc. in the amount of $81,278.00 for construction of the Allen Ave. Drainage Improvements Project (#2009-0015 / Bid # 2015-46). 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Cooper, City Manager DATE: May 13, 2015 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JULY 7, 2015 BID AWARD/CLUB CAR, INC./LEASE AGREEMENT FOR USED GOLF CARTS BACKGROUND Staff recommends approval of the following motions: . Award Bid 2015-43 to Club Car Inc. in accordance with Section 36.02(A)(1) Competitive bids for 60 used golf carts in the amount of $236,100. . Trade-in 60 used golf carts for $96,000 in accordance with Section 36.08(A) - Trade-in. . Approve the vendor financing lease agreement for $2,535.60 per month for a 60 -month term. The City issued Bid 2015-43 for the purchase of sixty (60) used golf carts and trade-in of sixty (60) 2006 golf carts on April 13, 2015. The golf carts will be used at the Lakeview Golf Course. There were 154 copies of the advertisement mailed, the City received two bids on May 7, 2015 from Club Car, Inc. and E -Z -Go Division of Textron Inc. The City requested two pricing options - purchase and lease. The costs are summarized below: Vendor Purchase Trade In Net Cost E -Z -Go 230,340 78,000 152,340 Club Car 236,100 96,000 140,100 Club Car, Inc. was the lowest bidder with a purchase price of $236,100 and a trade in amount of $96,000 for a total cost net of cost of $140,100. The City would like to lease the carts for 60 months at $2,535.60 per month. The vendor lease pricing was evaluated by the Finance Department and with an interest rate of 3.29% was more cost effective than could be obtained through other short term borrowing. DISCUSSION City Commission is requested to approve a bid award to Club Car, Inc., for the purchase of sixty (60) used golf carts (less than six months use) for Lakeview Golf Course in the amount of $140,100. OPERATING COST Funding is available from Account #446-7111-582-71.30. TIMING OF THE REOUEST This is time sensitive due to the age of the current golf carts at Lakeview Golf Course. FUNDING SOURCE Account #446-7111-582-71.30 RECOMMENDATION Staff recommends approval of the following motions: . Award Bid 2015-43 to Club Car Inc. in accordance with Section 36.02(A)(1) Competitive bids for 60 used golf carts in the amount of $236,100. . Trade-in 60 used golf carts for $96,000 in accordance with Section 36.08(A) - Trade-in. . Approve the vendor financing lease agreement for $2,535.60 per month for a 60 -month term. x a W m Q J W G LL O IW Q u LL J O LeJ r/1 7C LL O LU IA a u a O uj V) Q Lu J Q O rel U Ln e-0 LM ry V-1 r O Y o Q Q O w un H a 0 O L U +, C N Q O ,., 0 O 0 a0 o C7ci Ln d C V- O z 41 v c o a E- -t n O tD Qf E O1 rn V o0 0 0 L ro O +. M .� w 4 n a n rr� O w O u-- O [].. 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J 4c O Z ZLu c of g Z a E 45 Z F Z Mk 0 } TF 0 N T T LO d N O a W » O V Nk J O a 3 a ul � O O W O � ai E W _ a Nk 3 is » IL m0 aZ " ^ J F a 0 oa o 0 V •� z p O�. 0 a V W m x � a Z N6 0O a � _ V C V m AL Z N O Z Z W W 3 Z J = C z Vw m .� a F- 0 I= TF 0 N T T LO d N O a Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid -/ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Q Proposed Contract Term: Comments and Notes: Effective Date: Bid Award 2015-43 to Club Car Inc. for sixty used golf carts for a net cost of $140,100. DOCUMENTATION INSTRUCTIONS FOR LEASE NUMBER The instructions listed below should be followed when completing the enclosed documentation. Documentation completed improperly will delay funding. If you have any questions regarding the instructions or the documentation, please call us. STATE AND GOVERNMENT LEASE -PURCHASE AGREEMENT 1. Bank Qualification Section • Read and check box if appropriate 2. Lessee Signature • Print name, title, sign and date (must be authorized officer) If. ATTACHMENT 1 — LEASE PAYMENT SCHEDULE • Print name, title, sign and date III. ATTACHMENT 2 — EQUIPMENT DESCRIPTION —(WHEN PROVIDED • Print name, title, sign and date IV. STATE SPECIFIC ADDENDA Required for: AR, AZ, CO, FL, GA, KS, LA, MI, NC, NJ, NM, NY, OH, OK, & TX • Print name, title, sign, date and attest when required V. ACCEPTANCE CERTIFICATE — PLEASE RETAIN UNTIL ALL EQUIPMENT HAS BEEN RECEIVED AND IS IN FULL WORKING ORDER • Print name, title, sign and date VI. 8038 OR GC — IRS FORM The enclosed form is a SAMPLE only. The actual 8038G or GC will be completed and sent to you for your signature after closing, with instruc- tions to return the original to us at your earliest convenience. This is being done in accordance with the Internal Revenue Service regulations. VII. ADDITIONAL DOCUMENTATION THAT MUST BE SENT PRIOR TO FUNDING — (WHEN APPLICABLE) : V Insurance Certificate for Property — List DE LAGE LANDEN PUBLIC FINANCE LLC and/or Its Assigns as "loss payee" to the address listed below. The certificate must also show the physical address where the equipment is located or the phrase "throughout juris- diction" may be used. Must also list amount being financed. Insurance Certificate for Liability— List DE LAGS LANDEN PUBLIC FINANCE LLC and/or Its Assigns as "additional insured." Vendor invoice listing customer as both bill to and ship to party (to be provided by vendor) J( Completed Billing Information form Advance payment check made payable to DE LAGE LANDEN PUBLIC FINANCE LLC State sales tax exemption certificate El IN] LEI ALL DOCUMENTATION SHOULD BE RETURNED VIA FAX OR EMAIL AS FOLLOWS: Attention: Finail- Or Fax number: (800) 700-4643 Lease Processing Center 1111 Old Eagle School Road Wayne, PA 19087 ©2014 All Rights Reserved. Printed In the U.S.A. 08PFDOG 073v5 3/14 De Lage Landen Public Finance LLC 1111 Old Eagle School Road Wayne, PA 19087 State and Local Government Lease -Purchase Agreement PHONE: (800) 736-0220 FACSIMILE: (800) 700-4643 Full Legal Name SAMPLE DOCUMENT WITH FLORIDA RIDER Phone Number DBA Name (if any) Purchase Order Requisition Number Billing Address City State Zip Send Invoice to Attention of: Equipment Make Model No. Serial Number Description (Attach Separate Schedule If Necessary) ❑ Quarterly Print Name ❑ Semiannually Legal Name of Corporation ❑ Annually (LEASE MUST BE SIGNED BY AUTHORIZED OFFICIAL OF LESSEE) ❑ Other End of Lease Option: $1 Equipment Location( if not same as above) City State Zip By checking the box below; YOU hereby designate this Lease as a "qualified tax-exempt obligation' as defined in Section 265(b)(3)(B) of the Internal Revenue Code and represent that the aggregate face amount of all tax-exempt obligations (excluding private activity bonds other than qualified 501 (c)(3) bonds) issued or to be issued by YOU and YOUR subordinate entities during the calendar year in which WE fund this Lease is not reasonably expected to exceed $10,000,000. ❑ Bank Qualification Elected TERMS AND CONDITIONS Please read YOUR copy of this State and Local Government Lease -Purchase Agreement ("Lease") carefully and feel free to ask US any questions YOU may have about it. Words "YOU" and "YOUR" refer to the "Lessee" and the words "WE," US" and "OUR" refer to De Lage Landen Public Finance LLC, its successors and assigns, as the "Lessor" of the Equipment. 1. LEASE. WE agree to lease to YOU and YOU agree to lease from US, the equipment listed above (and on any attached schedule) including all replacement parts, repairs, additions and accessories ("Equipment') on the terms and conditions of this Lease and on any attached schedule. 2. TERM. This Lease is effective on the date when the term of this Lease and YOUR obligation to pay rent commence, which date shall be the date that funds are advanced by US to YOU, the vendor of the Equipment or an escrow agent for the purpose of paying or reimbursing all or a portion of the cost of the Equipment (the "Commencement Date") and continues thereafter for an original term ("Original Term") ending at the end of YOUR budget year in effect on the Commencement Date and may be continued by YOU for additional one-year renewal terms ("Renewal Terms") coinciding with YOUR budget year up to the total number of months indicated above as the Full Lease Term; provided, however, that at the end of the Original Term and at the end of each Renewal Term until the Full Lease Term has been completed, YOU shall be deemed to have continued this Lease for the next Renewal Term unless YOU shall have terminated this Lease pursuant to Section 5 or Section 17. Lease Payments will be due as set forth on Attachment 1 until the balance of the Lease Payments and any additional Lease Payments orexpenses chargeable to YOU underthis Lease are paid in full. As set forth in the Lease Payment Schedule, a portion of each Lease Payment is paid as, and represents payment of, interest. YOUR obligation to pay the Lease Payments and YOUR other Lease obligations are absolute and unconditional and are not subject to cancellation, reduction, setoff or counterclaim except as provided in Section 5. THIS LEASE IS NON -CANCELABLE EXCEPT AS PROVIDED IN SECTION 5. 3. LATE CHARGES. If a Lease Payment is not made on the date when due, YOU will pay US a late charge at the rate of 18% per annum or the maximum amount permitted by law, whichever is less, from such date. 4. CONTINUATION OF LEASE TERM. YOU currently intend, subject to Section 5, to continue this Lease through the Full Lease Term and to pay the Lease Payments hereunder. YOU reasonably believe that legally available funds in an amount sufficient to make all Lease Payments during the Full Lease Term can be obtained. YOUR responsible financial officer shall do all things lawfully within his or her power to obtain and maintain funds from which the Lease Payments may be made, including making provision for the Lease Payments to the extent necessary in each proposed annual budget submitted for approval in accor- dance with YOUR applicable procedures and to exhaust all available reviews and appeals if that portion of the budget is not approved. Notwithstanding the foregoing, the decision whether to budget or appropriate funds and to extend this Lease for any Renewal Term is solely within the discretion of YOUR governing body. 5. NONAPPROPRIATION. YOU are obligated only to pay such Lease Payments under this Lease as may lawfully be made from funds budgeted and appropriated for that purpose during YOUR then current budgetyear. If YOU fail to appropriate or otherwise make available funds to pay the Lease Payments required to be paid in the next occurring Renewal Term, this Lease shall be deemed terminated at the end of the then current Original Term or Renewal Term. YOU agree to deliver written notice to US of such termination at least 90 days prior to the end of the then current Original Term or Renewal Term, but failure to give such notice shall not extend the term of this Lease beyond the then current Original Term or Renewal Term. If this Lease is terminated in accordance with this Section, YOU agree, at YOUR cost and expense, to peaceably deliver the Equipment to US at the location or locations specified by US. 6. WARRANTIES. WE are leasing the Equipment to YOU "AS -IS and WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PAR- TICULAR PURPOSE. WE transfer to YOU, without recourse, for the term of this Lease all warranties, if any, made by the manufacturer. YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE OR CHANGE ANY TERM, PROVISION OR CONDITION OF THIS LEASE AND, EXCEPT FOR THE MANUFACTURER WARRANTIES, MAKE ANY REPRESENTATION OR WARRANTY ABOUT THIS LEASE OR THE EQUIP- MENT WE SHALL NOT BE LIABLE FOR SPECIAL, RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BYANY BREACH OF WARRANTYOR REPRESENTATION OR RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT. YOUR OBLIGATION TO PAY IN FULL ANYAMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY ANY DISPUTE, CLAIM, COUNTERCLAIM, DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST THE SUPPLIER OR THE EQUIPMENT MANUFACTURER. 7. DELIVERY AND ACCEPTANCE. YOU ARE RESPONSIBLE, AT YOUR OWN COST, TO ARRANGE FOR THE DELIVERY AND INSTALLATION OF THE EQUIPMENT (UNLESS THOSE COSTS ARE INCLUDED IN THE COSTS OF THE EQUIPMENTTO US). IF REQUESTED, YOU WILL SIGN A SEPARATE EQUIPMENT DELIVERYAND ACCEPTANCE CERTIFICATE. WE MAYAT OUR DISCRETION CONFIRM BY TELEPHONE THAT YOU HAVE ACCEPTED THE EQUIPMENT AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT SHALL HAVE THE SAME EFFECT ASA SIGNED DELIVERY AND ACCEPTANCE CERTIFICATE. (Terms and Conditions continued on the reverse side of this Lease.) Number of Lease Payments Lease Payments: See Lease Payment Schedule Attached as Attachment 1 of which are included by reference) and become part of this Lease. YOU acknowledge to have read and agreed to all the Full Lease Term (in Months) Payment Frequency Vendor I.D. Number You agree that this is a non -cancelable lease. The Equipment is: ❑ NEW ❑ USED ❑ Monthly Signature Date ❑ Quarterly Print Name ❑ Semiannually Legal Name of Corporation ❑ Annually (LEASE MUST BE SIGNED BY AUTHORIZED OFFICIAL OF LESSEE) ❑ Other End of Lease Option: $1 By checking the box below; YOU hereby designate this Lease as a "qualified tax-exempt obligation' as defined in Section 265(b)(3)(B) of the Internal Revenue Code and represent that the aggregate face amount of all tax-exempt obligations (excluding private activity bonds other than qualified 501 (c)(3) bonds) issued or to be issued by YOU and YOUR subordinate entities during the calendar year in which WE fund this Lease is not reasonably expected to exceed $10,000,000. ❑ Bank Qualification Elected TERMS AND CONDITIONS Please read YOUR copy of this State and Local Government Lease -Purchase Agreement ("Lease") carefully and feel free to ask US any questions YOU may have about it. Words "YOU" and "YOUR" refer to the "Lessee" and the words "WE," US" and "OUR" refer to De Lage Landen Public Finance LLC, its successors and assigns, as the "Lessor" of the Equipment. 1. LEASE. WE agree to lease to YOU and YOU agree to lease from US, the equipment listed above (and on any attached schedule) including all replacement parts, repairs, additions and accessories ("Equipment') on the terms and conditions of this Lease and on any attached schedule. 2. TERM. This Lease is effective on the date when the term of this Lease and YOUR obligation to pay rent commence, which date shall be the date that funds are advanced by US to YOU, the vendor of the Equipment or an escrow agent for the purpose of paying or reimbursing all or a portion of the cost of the Equipment (the "Commencement Date") and continues thereafter for an original term ("Original Term") ending at the end of YOUR budget year in effect on the Commencement Date and may be continued by YOU for additional one-year renewal terms ("Renewal Terms") coinciding with YOUR budget year up to the total number of months indicated above as the Full Lease Term; provided, however, that at the end of the Original Term and at the end of each Renewal Term until the Full Lease Term has been completed, YOU shall be deemed to have continued this Lease for the next Renewal Term unless YOU shall have terminated this Lease pursuant to Section 5 or Section 17. Lease Payments will be due as set forth on Attachment 1 until the balance of the Lease Payments and any additional Lease Payments orexpenses chargeable to YOU underthis Lease are paid in full. As set forth in the Lease Payment Schedule, a portion of each Lease Payment is paid as, and represents payment of, interest. YOUR obligation to pay the Lease Payments and YOUR other Lease obligations are absolute and unconditional and are not subject to cancellation, reduction, setoff or counterclaim except as provided in Section 5. THIS LEASE IS NON -CANCELABLE EXCEPT AS PROVIDED IN SECTION 5. 3. LATE CHARGES. If a Lease Payment is not made on the date when due, YOU will pay US a late charge at the rate of 18% per annum or the maximum amount permitted by law, whichever is less, from such date. 4. CONTINUATION OF LEASE TERM. YOU currently intend, subject to Section 5, to continue this Lease through the Full Lease Term and to pay the Lease Payments hereunder. YOU reasonably believe that legally available funds in an amount sufficient to make all Lease Payments during the Full Lease Term can be obtained. YOUR responsible financial officer shall do all things lawfully within his or her power to obtain and maintain funds from which the Lease Payments may be made, including making provision for the Lease Payments to the extent necessary in each proposed annual budget submitted for approval in accor- dance with YOUR applicable procedures and to exhaust all available reviews and appeals if that portion of the budget is not approved. Notwithstanding the foregoing, the decision whether to budget or appropriate funds and to extend this Lease for any Renewal Term is solely within the discretion of YOUR governing body. 5. NONAPPROPRIATION. YOU are obligated only to pay such Lease Payments under this Lease as may lawfully be made from funds budgeted and appropriated for that purpose during YOUR then current budgetyear. If YOU fail to appropriate or otherwise make available funds to pay the Lease Payments required to be paid in the next occurring Renewal Term, this Lease shall be deemed terminated at the end of the then current Original Term or Renewal Term. YOU agree to deliver written notice to US of such termination at least 90 days prior to the end of the then current Original Term or Renewal Term, but failure to give such notice shall not extend the term of this Lease beyond the then current Original Term or Renewal Term. If this Lease is terminated in accordance with this Section, YOU agree, at YOUR cost and expense, to peaceably deliver the Equipment to US at the location or locations specified by US. 6. WARRANTIES. WE are leasing the Equipment to YOU "AS -IS and WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PAR- TICULAR PURPOSE. WE transfer to YOU, without recourse, for the term of this Lease all warranties, if any, made by the manufacturer. YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE OR CHANGE ANY TERM, PROVISION OR CONDITION OF THIS LEASE AND, EXCEPT FOR THE MANUFACTURER WARRANTIES, MAKE ANY REPRESENTATION OR WARRANTY ABOUT THIS LEASE OR THE EQUIP- MENT WE SHALL NOT BE LIABLE FOR SPECIAL, RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BYANY BREACH OF WARRANTYOR REPRESENTATION OR RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT. YOUR OBLIGATION TO PAY IN FULL ANYAMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY ANY DISPUTE, CLAIM, COUNTERCLAIM, DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST THE SUPPLIER OR THE EQUIPMENT MANUFACTURER. 7. DELIVERY AND ACCEPTANCE. YOU ARE RESPONSIBLE, AT YOUR OWN COST, TO ARRANGE FOR THE DELIVERY AND INSTALLATION OF THE EQUIPMENT (UNLESS THOSE COSTS ARE INCLUDED IN THE COSTS OF THE EQUIPMENTTO US). IF REQUESTED, YOU WILL SIGN A SEPARATE EQUIPMENT DELIVERYAND ACCEPTANCE CERTIFICATE. WE MAYAT OUR DISCRETION CONFIRM BY TELEPHONE THAT YOU HAVE ACCEPTED THE EQUIPMENT AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT SHALL HAVE THE SAME EFFECT ASA SIGNED DELIVERY AND ACCEPTANCE CERTIFICATE. (Terms and Conditions continued on the reverse side of this Lease.) Lessor Signature YOU agree to all of the Terms and Conditions contained in both sides of this Lease, and in any attachments to same (all Print Name of which are included by reference) and become part of this Lease. YOU acknowledge to have read and agreed to all the Lease Number Terms and Conditions. Vendor I.D. Number You agree that this is a non -cancelable lease. The Equipment is: ❑ NEW ❑ USED Signature Date Title Print Name Legal Name of Corporation SAMPLE DOCUMENT WITH FLORIDA RIDER (LEASE MUST BE SIGNED BY AUTHORIZED OFFICIAL OF LESSEE) Lessor Signature Date Print Name Title For DE LAGE LANDEN PUBLIC FINANCE LLC Lease Number Lease Date 120 Vendor I.D. Number Page 1 of 2 8. TITLE, PERSONAL PROPERTY, LOCATION, INSPECTION, NO MODIFICATIONS OR ALTER- ATIONS. YOU have title to the Equipment; provided that title to the Equipment will immediately and without any action by YOU vest in US, and YOU shall immediately surrender possession of the Equipment to US, (a) upon any termination of this Lease other than termination pursuant to Section 17 or (b) if YOU are in default of this Lease. It is the intent of the parties hereto that any transfer of title to US pursuant to this Section shall occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. YOU shall, nevertheless, execute and deliver any such instruments as WE may request to evidence such transfer. As security for YOUR obliga- tions hereunder, WE retain a security interest in the Equipment and all proceeds thereof. YOU have the right to use the Equipment during the term of this Lease, except as otherwise expressly setforth in this Lease. Although the Equipment may become attached to real estate, it remains personal property. YOU agree not to alter or modify the Equipment or permit a lien to be placed upon the Equipment or to remove the Equipment without OUR prior written consent. If WE feel it is neces- sary, YOU agree to provide US with waivers of interest or liens from anyone claiming any interest in the real estate on which any items of Equipment is located. WE also have the right, at reason- able times, to inspect the Equipment. 9. MAINTENANCE. YOU are required, at YOUR own cost and expense, to keep the Equipment in good repair, condition and working order, except for ordinary wear and tear, and YOU will supply all parts and servicing required. All replacement parts used or installed and repairs made to the Equipment will become OUR property. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR PROVIDING ANY REQUIRED MAINTENANCE AND/OR SERVICE FOR THE EQUIPMENT. YOU WILL MAKE ALL CLAIMS FOR SERV- ICE AND/OR MAINTENANCE SOLELY TO THE SUPPLIER AND/OR MANUFACTURER AND SUCH CLAIMS WILL NOT AFFECT YOUR OBLIGATION TO MAKE ALL REQUIRED LEASE PAYMENTS. 10. ASSIGNMENT. YOU AGREE NOT TO TRANSFER, SELL, SUBLEASE, ASSIGN, PLEDGE OR ENCUMBER EITHER THE EQUIPMENT OR ANY RIGHTS UNDER THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT. YOU agree that WE may sell, assign or transfer this Lease and, if WE do, the new owner will have the same rights and benefits that WE now have and will not have to perform any of OUR obligations and the rights of the new owner will not be subject to any claims, counterclaims, defenses orset-offs that YOU may have against US. YOU hereby appoint Municipal Registrar Services (the "Registrar") as YOUR agent for the purpose of maintaining a written record of each assignment in form necessary to comply with Section 149(a) of the Internal Revenue Code of 1986, as amended. No such assignment shall be binding on YOU until the Registrar has received written notice from the assignor of the name and address of the assignee. 11. LOSS OR DAMAGE. YOU are responsible for the risk of loss or destruction of, or damage to the Equipment. No such loss or damage relieves YOU from any obligation under this Lease. If any of the Equipment is damaged by fire or other casualty or title to, or the temporary use of, any of the Equipment is taken under the exercise of the power of eminent domain, the net proceeds ("Net Proceeds") of any insurance claim orcondemnation award will be applied to the prompt replacement, repair, restoration, modification or improvement of that Equipment, unless YOU have exercised YOUR option to purchase the Equipment pursuant to Section 17. Any balance of the Net Proceeds remain- ing after such work has been completed shall be paid to YOU. 12. INDEMNITY. WE are not responsible for any losses or injuries caused by the manufacture, acquisition, delivery, installation, ownership, use, lease, possession, maintenance, operation or rejec- tion of the Equipment or defects in the Equipment. To the extent permitted by law, YOU agree to reim- burse US forand to defend US against any claim for losses or injuries relating to the Equipment. This indemnity will continue even after the termination of this Lease. 13. TAXES. YOU agree to pay all applicable license and registration fees, sale and use taxes, per- sonal property taxes and all other taxes and charges, relating to the ownership, leasing, rental, sale, purchase, possession or use of the Equipment (except those based on OUR net income). YOU agree that if WE pay any taxes or charges, YOU will reimburse US for all such payments and will pay US interestand a late charge (as calculated in Section 3) on such payments with the next Lease Payment, plus a fee for OUR collecting and administering any taxes, assessments or fees and remitting them to the appropriate authorities. 14. INSURANCE. During the term of this Lease, YOU will keep the Equipment insured against all risks of loss or damage in an amount not less than the replacement cost of the Equipment, without deductible and without co-insurance. YOU will also obtain and maintain for the term of this Lease, comprehensive public liability insurance covering both personal injury and property damage of at least $100,000 per person and $300,000 per occurrence or bodily injury and $50,000 for property damage. WE will be the sole named loss payee on the property insurance and named as an addition- al insured on the public liability insurance. YOU will pay all premiums for such insurance and must deliver proof of insurance coverage satisfactory to US. If YOU do not provide such insurance, YOU agree that WE have the right, but not the obligation, to obtain such insurance and add an insurance fee to the amount due from you, on which we make a profit. 15. DEFAULT. Subject to Section 5, YOU are in default of this Lease if any of the following occurs: (a) YOU fail to pay any Lease Payment or other sum when due; (b) YOU breach any warran- ty or other obligation under this Lease, or any other agreement with US, (c) YOU become insolvent or unable to pay YOUR debts when due, YOU make an assignment for the benefit of creditors or YOU undergo a substantial deterioration in YOUR financial condition, or (d) YOU file or have filed against YOU a petition for liquidation, reorganization, adjustment of debt or similar relief under the Federal Bankruptcy Code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver or liquidator is appointed for YOU or a substantial part of YOUR assets. 16. REMEDIES. WE have the following remedies if YOU are in default of this Lease: WE may declare the entire balance of the unpaid Lease Payments forthe then current Original Term or Renewal Term immediately due and payable; sue for and receive all Lease Payments and any other payments then accrued or accelerated under this Lease; charge YOU interest on all monies due US at the rate of eighteen percent (18%) per year from the date of default until paid, but in no event more than the maximum rate permitted by law; charge YOU a return -check or non -sufficient funds charge ("NSF Charge") of $25.00 for a check that is returned for any reason; and require that YOU return the Equipment to US and, if YOU fail to return the Equipment, enter upon the premises peaceably with or without legal process where the Equipment is located and repossess the Equipment. Such return or repossession of the Equipment will not constitute a termination of this Lease unless WE expressly notify YOU in writing. If the Equipment is returned or repossessed by US and unless WE have termi- nated this Lease, WE will sell or re -rent the Equipment to any persons with any terms WE determine, at one or more public or private sales, with orwithout notice to YOU, and apply the net proceeds after deducting the costs and expenses of such sale or re -rent, to YOUR obligations with YOU remaining liable forany deficiency and with any excess overthe amounts described in this Section plus the then applicable Purchase Price to be paid to YOU. YOU are also required to pay (i) all expenses incurred by US in connection with the enforcement of any remedies, including all expenses of repossessing, storing, shipping, repairing and selling the Equipment, and (ii) reasonable attorneys' fees. 17. PURCHASE OPTION. Provided YOU are not in default, YOU shall have the option to purchase all but not less than all of the Equipment (a) on the date the last Lease Payment is due (assuming this Lease is renewed at the end of the Original Term and each Renewal Term), if this Lease is still in effect on that day, upon payment in full of Lease Payments and all other amounts then due and the payment of One Dollar to US; (b) on the last day of the Original Term or any Renewal Term then in effect, upon at least 60 days' prior written notice to US and payment in full to US of the Lease Payments and all other amounts then due plus the then applicable Purchase Price set forth on the Lease Payment Schedule; or (c) if substantial damage to or destruction or condemnation of substantially all of the Equipment has occurred, on the day specified in YOUR written notice to US of YOUR exercise of the purchase option upon at least 60 days' prior notice to US and payment in full to US of the Lease Payments and all other amounts then due plus the then applicable Purchase Price set forth on the Lease Payment Schedule. 18. REPRESENTATIONS AND WARRANTIES. YOU warrant and represent as follows: (a) YOU are a public body corporate and politic duly organized and existing under the constitution and laws of YOUR State with full power and authority to enter into this Lease and the transactions contemplated hereby and to perform all of YOUR obligations hereunder; (b) YOU have duly authorized the execu- tion and delivery of this Lease by proper action by YOUR governing body at a meeting duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Lease; (c) YOU have complied with such pub- lic bidding requirements as may be applicable to this Lease and the acquisition by YOU of the Equipment; (d) all authorizations, consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by YOU of this Lease or in connection with the carrying out by YOU of YOUR obligations hereunder have been obtained; (e) this Lease constitutes the legal, valid and binding obligation of YOU enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally; (f) YOU have, in accordance with the requirements of law, fully budgeted and appro- priated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year and to meet YOUR other obligations under this Lease for the cur- rent budget year, and those funds have not been expended for other purposes; (g) the Equipment is essential to YOUR functions or to the services YOU provide to YOUR citizens, YOU have an immedi- ate need for the Equipment and expect to make immediate use of the Equipment, YOUR need for the Equipment is not temporary and YOU do not expect the need for any item of the Equipment to dimin- ish in the foreseeable future, including the Full Lease Term, and the Equipment will be used by YOU only for the purpose of performing one or more of YOUR governmental or proprietary functions con- sistent with the permissible scope of YOUR authority and will not be used in the trade or business of any other entity or person; and (h) YOU have never failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease purchase, installment sale or other similar agreement. 19. UCC FILINGS AND FINANCIAL STATEMENTS. YOU authorize US to file a financing state- ment with respect to the Equipment. If WE feel it is necessary, YOU agree to submit financial state- ments (audited if available) on a quarterly basis. 20. UCC - ARTICLE 2A PROVISIONS. YOU agree that this Lease is a Finance Lease as that term is defined in Article 2A of the Uniform Commercial Code ("UCC"). YOU acknowledge that WE have given YOU the name of the Supplier of the Equipment. WE hereby notify YOU that YOU may have rights under the contract with the Supplierand YOU may contact the Supplier fora description of any rights or warranties that YOU may have under this supply contract. YOU also waive any and all rights and remedies granted YOU under Sections 2A-508 through 2A-522 of the UCC. 21. TAX EXEMPTION. YOU will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended, including without limitation Sections 103 and 148 thereof, and the appli- cable regulations thereunder to maintain the exclusion of the interest portion of the Lease Payments from gross income for purposes of federal income taxation. 22. BANK QUALIFICATION. If YOU checked the "Bank Qualification Elected" box on the front page of this Lease YOU and all YOUR subordinate entities will not issue in excess of $10,000,000 of qualified tax-exempt obligations (including this Lease but excluding private activity bonds other than qualified 501(c)(3) bonds) during the calendaryear in which WE fund this Lease without first obtain- ing an opinion of nationally recognized counsel in the area of tax-exempt municipal obligations acceptable to US that the designation of this Lease as a "qualified tax-exempt obligation" will not be adversely affected. 23. CHOICE OF LAW; JURY TRIAL WAIVER. This Lease shall be governed and construed in accordance with the laws of the state where YOU are located. To the extent permitted by law, YOU agree to waive YOUR rights to a trial by jury. 24. ENTIRE AGREEMENT; SEVERABILITY; WAIVERS. This Lease contains the entire agreement and understanding. No agreements or understandings are binding on the parties unless set forth in writing and signed by the parties. Any provision of this Lease which forany reason may be held unen- forceable in any jurisdiction shall, as to such jurisdiction, be ineffective without invaliding the remain- ing provisions of this Lease. THIS LEASE IS NOT INTENDED FOR TRANSACTIONS WITH AN EQUIP- MENT COST OF LESS THAN $1,000. 25. FACSIMILE DOCUMENTATION. YOU agree that a facsimile copy of this Lease with facsimi- le signatures may be treated as an original and will be admissible as evidence of this Lease. Page 2 of 2 (D2012 All Rights Reserved. Printed in the U.S.A.12PFDOG207 9/12 r 0 N C) O G CL N T ATTACHMENT 1 Lease Payment Schedule STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT LESSOR: DE LAGE LANDEN PUBLIC FINANCE LLC LESSEE: SAMPLE DOCUMENT WITH FLORIDA RIDER LEASE NUMBER: LEASE DATE: 20 Payment Number Payment Date Rental Payment Interest Portion Principal Portion Balance Purchase Price Sales tax of is included in the financed amount shown above. Lessee Signature: Print Name: Date: Title: Page of ©2012 All Rights Reserved. Printed In the U.S.A. 07PFDOc042v6 1/13 m N O V O 0 a 0 ATTACHMENT 2 STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT EQUIPMENT DESCRIPTION LESSOR: DE LAGE LANDEN PUBLIC FINANCE LLC LESSEE: SAMPLE DOCUMENT WITH FLORIDA RIDER LEASE NUMBER: LEASE DATE: , 20 Quantity Description/Serial No./Model No. Location LESSEE Signature: Date: Print Name: Title: Page of ©2012 All Rights Reserved. Printed In the U.S.A. 10PFDOc169v210/12 N CnCn 6O T v 0 C3 1 CL 0 T FLORIDA ADDENDUM TO STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT LESSOR: DE LAGE LANDEN PUBLIC FINANCE LLC LESSEE: SAMPLE DOCUMENT WITH FLORIDA RIDER LEASE NUMBER: LEASE DATE 20 This Addendum is hereby incorporated in and is hereby made a part of the above -referenced State and Local Government Lease -Purchase Agreement (together with all Exhibits and Attachments and this Addendum, the "Lease"). Words "YOU" and "YOUR" refer to the "Lessee" and the words "WE," US" and "OUR" refer to De Lage Landen Public Finance LLC, its successors and assigns, as the "Lessor" of the Equipment. Lessor and Lessee hereby agree that capitalized terms used herein and not otherwise defined herein shall have the terms assigned to such terms in the Lease and that the following changes and additions shall be made to the Lease: 1. Section 2 of the Lease is hereby amended by adding the following sentence: WE and YOU understand and intend that YOUR obligation to pay Lease Payments hereunder will constitute a current expense and will not in any way be construed to be a debt in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness, nor will anything contained herein con- stitute a pledge of YOUR ad valorem tax revenues, funds or moneys. WE and YOU understand further understand that the use of the ad valorem taxing power to make Lease Payments cannot be compelled. 2. Section 5 of the Lease is hereby amended by adding the following language to the end of said Section: Upon return of that Equipment to US, WE will use our best efforts to lease or sell that Equipment upon such terms as WE, in our reasonable judgment, deem prudent. WE will apply the net proceeds of that sale or lease in the following manner: (i) first, to reimburse OURSELVES for all costs associated with the taking, removing, holding, repair- ing and leasing or selling of that Equipment; (ii) second, to pay to OURSELVES an amount equal to the Purchase Price for that Equipment at the time of the termination of this Lease; (iii) third, to pay to OURSELVES the amount necessary to satisfy YOUR remaining obligations under this Lease; and (iv) fourth, to remit any amounts thereafter remaining to YOU. No deficiency will be allowed against YOU. 3. Section 8 of the Lease is hereby deleted and the following Section 8 is hereby inserted in lieu thereof: 8. TITLE. YOU have title to the Equipment; provided that title to the Equipment will immediately and without any action by YOU vest in US, and YOU shall immediately sur- render possession of the Equipment to US, (a) upon any termination of this Lease other than termination pursuant to Section 17 or (b) if YOU are in default of this Lease. It is the intent of the parties hereto that any transfer of title to US pursuant to this Section shall occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. YOU shall, nevertheless, execute and deliver any such instruments as WE may request to evidence such transfer. YOU agree not to alter or modify the Equipment or permit a lien to be placed upon the Equipment or to remove the Equipment without OUR prior written consent. If WE feel it is necessary, YOU agree to provide US with waivers of interest or liens from anyone claiming any interest in the real estate on which any items of Equipment is located. WE also have the right, at reasonable times, to inspect the Equipment. 4. Section 16 of the Lease is hereby amended by adding the following language to the end of said Section: WE and YOU agree that there is no intention to create under this Lease a right to dispossess YOU involuntarily of the legal title to or the right of use of the Equipment. WE hereby irrevocably waive any right to specific performance of YOUR covenant to transfer legal title to and return of possession of the Equipment to US. 5. IF YOU ARE A COUNTY, YOU represent and covenant that (a) if the Maximum Lease Term with respect to this Lease is greater than five years, Lease Payments under this Lease will be payable from sources other than ad valorem taxes, and (b) YOU represent and covenant that this Lease has been approved by YOUR Board of County Commissioners prior to the Commencement Date. Except as specifically set forth in this Addendum, all terms and conditions contained in the Lease will remain in full force and effect and are hereby ratified and confirmed. ©2013 All Rights Reserved. Printed in the U.S.A. 09PFDOC101v1 1/13 T T 0 V O LL d a) 0 Legal Name of Lessee SAMPLE DOCUMENT WITH FLORIDA RIDER Cr Cr Signature Date cz h W Print Name h h Title (LEASE MUST BE SIGNED BY AUTHORIZED OFFICIAL OF LESSEE) Name of Lessor DE LAGE LANDEN PUBLIC FINANCE LLC W Cr a Lessor Signature Date z cz w Print Name Cr 0 tih Title W J Lease Number ©2013 All Rights Reserved. Printed in the U.S.A. 09PFDOC101v1 1/13 T T 0 V O LL d a) 0 De Lage Landen Public Finance LLC 1111 Old Eagle School Road Wayne, PA 19087 Ladies and Gentlemen: Re: State and Local Government Lease Purchase Agreement dated as of De Lage Landen Public Finance LLC, as Lessor, and SAMPLE DOCUMENT WITH FLORIDA RIDER ACCEPTANCE CERTIFICATE 20 , between , as Lessee. In accordance with the State and Local Government Lease Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows: 1. All of the Equipment (as such term is defined in the Agreement) has been delivered, installed and accepted on the date hereof. 2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee is currently maintaining the insurance coverage required by Section 14 of the Agreement. 4. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof. (SEAL) ©2009 All Rights Reserved. Printed in the U.S.A. 07PFD00055vl 3/09 T LO LO LO C2 O L.') O C3 LL It r 0 Lessee SAMPLE DOCUMENT WITH FLORIDA RIDER W c Signature Date WE Go wW= h Print Name Title ©2009 All Rights Reserved. Printed in the U.S.A. 07PFD00055vl 3/09 T LO LO LO C2 O L.') O C3 LL It r 0 BILLING INFORMATION PLEASE COMPLETE THIS FORM AND RETURN WITH DOCUMENTS In order for DE LAGS LANDEN PUBLIC FINANCE LLC to properly bill and credit your account, it is necessary that you complete this form and return it with the signed documents. Billing Name: Billing Address: Attention: (Name of individual who will process payments) Telephone Number: Email Address: FEDERALIR: Primary Contact Name: Primary Contact Number: Do you require a P.O.# to be referenced on invoices you receive from us? YES ❑ NO ❑ P. 01: Do you require summary billing? YES ❑ NO ❑ This form completed by: Contact Name: Title - Contact Address: Contact Telephone Number: Email Address: (Name and Title) CONTACT INFORMATION FOR FORM 8038 FILINGS ©2013 All Rights Reserved. Printed in the U.S.A. 08PFD00086v412/13 v co co 0 C-) O 0 a 0 0 Form 8038 -GC (Rev. January 2012) Department of the Treasury Internal Revenue Service 1 Issuer's name Information Return for Small Tax -Exempt Governmental Bond Issues, Leases, and Installment Sales ► Under Internal Revenue Code section 149(e) Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G. OMB No. 1545-0720 2 Issugrs employeNentification number (EIN) 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 City, town, or post office, state, and ZIP code 5 Report nu er (For S Use On 6 Name and title of officer or other employee of issuer or designated contact person whom the IRS may call for more information 7 Nklephone number of officer or gal representatives jEM Description of Obligations Gheck one: a single issue ❑ orvconsolidated retuN ❑ . 8a Issue price of obligation(s) (see instructions) . . . . . . . . . . . . . . b Issue date (single issue) or calendar date (consolidated). Enter dat in mm/dd/ format (for example, 01/01/2009) (see instructions) ► 9 Amount of the reported obligation(s) on line 8a that is: a For leases for vehicles . . . . . . . . . . . . . . . . b For leases for office equipment . . . . . . . . . . . . . . . . . c For leases for real property . . . . . . . . . . . . . . . . . d For leases for other (see instructions) . . . . . .9d e For bank loans for vehicles . . . . . . . . . . . . . f For bank loans for office equipment . . . . . . . . . g For bank loans for real property. . . . . . . . . . . h For bank loans for other (see instructions) . . . . . . . . . . . i Used to refund prior issue(s) . . . . . . . . . . . . . . . j Representing a loan from the proceeds o nother tax-exe t oblig 'on (for exam p bond bank) . . k Other . . . . . . . . . . . . . . . .. . . . . . 10 If the issuer has designated any issue der se n 265(b)(3)( '(111) (s II issuer exc tion), check 11 If the issuer has elected to pay nalty lieu of 'trage rebate, eck box (see i tructions) 12 Vendor's or bank's name: ----------- ----- X X 13 VPnrinr's or hank's Pmnlo .r identification Pr, X X X XXX X SI nature 9a X then information, as necessary to process this return, to the person(s) 9b XX XXX authorize ove.andConsent XXXXXXX XXXXX 2erre 9e XXXXXXX 9f XXXXXXX XXXXXXX ' SAMPLE DOCUMENT 9h XXXXXXX Si e of issuer's autho ed representativ 9i XXXXXXX Paid 9j XXXXXXX Preparer's natur 9k XXXXXXX Date this box . . . . ► ❑ . . . . . . . ► ❑ X X X Generallnstru ions Secti ences are tot Internal enu e unless o rwise note . What's New The s cr ted a page on IRS. c inf mation out the Form 8038 serif its i structions, a rm8( Infor out any future deve r affecting the Form 8038 series (such legislation enacted after we release it) osted on that pa e Purpose of Form Form 8038 -GC is ed h ' suers exempt govern ental obligations to I the IRS with t information require section 149(e) a to monitor the requirements of se 1 ough for and be 150. Who st� Issuers of tax- empt governmental obligations w' issue prices of less than 000 st file Form 8038 -GC. Issue of a tax-exempt governmental obligation with an issue price of $100,000 or ore must file Form 8038-G, Information turn for Tax -Exempt Governmental bligations. Filing a separate return for a single issue. Issuers have the option to file a separate Form 8038 -GC for any tax-exempt governmental obligation with an issue price of less than $100,000. An issuer of a tax-exempt bond used to finance construction expenditures must file a separate Form 8038 -GC for each issue to give notice to the IRS that an election was made to pay a penalty in lieu of arbitrage rebate (see the line 11 instructions). Filing a consolidated return for multiple issues. For all tax-exempt governmental obligations with issue prices of less than $100,000 that are not reported on a separate Form 8038 -GC, an issuer must file a consolidated information return including all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038 -GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038 -GC. However, if the issue is a construction issue, a separate Form 8038 -GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. Page I of 3 Cat. No. 64108B Form 8038 -GC (Rev. 1-2012) Under penalties of per I declare that I have exami s return a%accpanying dstatements, and to the best of my knowledge and belief, they are SI nature true, correct, and co fete. 1frther de that I consen the IRS' then information, as necessary to process this return, to the person(s) gthatIhave authorize ove.andConsent 2erre XXXXXXXXX XXXXXX XXXXXXX ' SAMPLE DOCUMENT Si e of issuer's autho ed representativ Dat Type or print name and title Paid Print/T e prepare ame Preparer's natur Date Check ❑ if PTIN Preparer self-employed Use Only's name Firm's EIN ► Firm address Phone no. Generallnstru ions Secti ences are tot Internal enu e unless o rwise note . What's New The s cr ted a page on IRS. c inf mation out the Form 8038 serif its i structions, a rm8( Infor out any future deve r affecting the Form 8038 series (such legislation enacted after we release it) osted on that pa e Purpose of Form Form 8038 -GC is ed h ' suers exempt govern ental obligations to I the IRS with t information require section 149(e) a to monitor the requirements of se 1 ough for and be 150. Who st� Issuers of tax- empt governmental obligations w' issue prices of less than 000 st file Form 8038 -GC. Issue of a tax-exempt governmental obligation with an issue price of $100,000 or ore must file Form 8038-G, Information turn for Tax -Exempt Governmental bligations. Filing a separate return for a single issue. Issuers have the option to file a separate Form 8038 -GC for any tax-exempt governmental obligation with an issue price of less than $100,000. An issuer of a tax-exempt bond used to finance construction expenditures must file a separate Form 8038 -GC for each issue to give notice to the IRS that an election was made to pay a penalty in lieu of arbitrage rebate (see the line 11 instructions). Filing a consolidated return for multiple issues. For all tax-exempt governmental obligations with issue prices of less than $100,000 that are not reported on a separate Form 8038 -GC, an issuer must file a consolidated information return including all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038 -GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038 -GC. However, if the issue is a construction issue, a separate Form 8038 -GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. Page I of 3 Cat. No. 64108B Form 8038 -GC (Rev. 1-2012) Form 8038 -GC (Rev. 1-2012) When To File To file a separate return for a single issue, file Form 8038 -GC on or before the 15th day of the second calendar month after the close of the calendar quarter in which the issue is issued. To file a consolidated return for multiple issues, file Form 8038 -GC on or before February 15th of the calendar year following the year in which the issue is issued. Late filing. An issuer may be granted an extension of time to file Form 8038 -GC under section 3 of Rev. Proc. 2002-48, 2002-37 I.R.B. 531, if it is determined that the failure to file on time is not due to willful neglect. Type or print at the top of the form, "Request for Relief under section 3 of Rev. Proc. 2002-48." Attach to the Form 8038 -GC a letter briefly stating why the form was not submitted to the IRS on time. Also indicate whether the obligation in question is under examination by the IRS. Do not submit copies of any bond documents, leases, or installment sale documents. See Where To File next. Where To File File Form 8038 -GC, and any attachments, with the Department of the Treasury, Internal Revenue Service Center, Ogden, UT 84201. Private delivery services. You can use certain private delivery services designated by the IRS to meet the "timely mailing as timely filing/paying" rule for tax returns and payments. These private delivery services include only the following: • DHL Express (DHL): DHL Same/Se• Federal Express (FedEx): FedExOvernight, FedEx Standard Over2Day, FedEx International Priority International First. • United Parcel Service (UPS): UPS NDay Air, UPS Next Day Air Saver, UPS 2nd Da Air, UPS 2nd Day Air A. PS Worldwide Express Plus, and UP ort e Express. The private deliv service can t ou how to get writte proof oLthe mailing Other Formshat M Required For rebating arbitrage ('Q,r paying a enall,*� lieu of arbitrage rebate) to the Feder Go use Form 80 -T, Arbitra bate, Yield uction and enalty in Li of Arbitrage Reba .For privat ctivity bonds, use For 038, Informati Return for Tax�mggpt P ' ate Activity Bond I ues. with ce of $100,000 0 ore, Form 8038-G. Rounding to Whole Dollars e money ite on this turn as whole -dollar amo its To Tod so, dro any amount less than c s an increas rany amount from 50 99 cen s o the ne higher dollar. Definitions Obligations. This refers to—a. single tax- exempt governmental obligation if Form 8038 -GC is used for separate reporting or to multiple tax-exempt governmental obligations if the form is used for consolidated reporting. Tax-exempt obligation. This is any obligation including a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103. Tax-exempt governmental obligation. A tax-exempt obligation that is not a private activity bond (see below) is a tax-exempt governmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e). Private activity bond. This includes an obligation issued as part of an issue i whi • More than 10% of the proceeds re to be used for any private activity busin s use, and • More than 10% of the payment of p cipal or interest of the issue is either a) secure by an interest in property tose priva business use (or paym s for such pr rty) or (b) to be derived f m payments for property (or borrod money) used for a private busines se. It also incl es a bond, he prjorfi s of which (a) ar to be used to kanc loans (other t n loans descri ctic 141(c) to per s other than me unit nd excee the lesser of 5% of 1 pr Beds or million. ffssue. Generally, igation are treated as N part of the same issumy if are issued by the scene issuer, on t same te, and as art of a le transaction, a seri of r ted tran ions. However, bligati iss during ame calendar ar (a) er loan ag a nt under whic mount are dvance e ' dically (a "dra down Io or (b) w a not exceedi 70 days, m be trea d as rt of the sa if the obligations a equa and ra ly se 'ed..Vrder a single ind ture o oa agree n d are issued un era co mon financin rran ent (for exa le, under the same officia tate t periodic updated o reflect Chan ' g fact circ stances). o, for obligatio issued der adraw- do loan that meet he requirements of the prece sentence, ob ations issued during pa Srent c ndar year may be treated as Se, the sa a issyt if all of the amounts to be adva d un the draw -down loan are reasonably a cted to be advanced within 3 years of the d e of issue of the first igation. ' ewise, obligations (other than priv ac ity bonds) issued under a single agreem t that is in the form of a lease or installment sale may be treated as part of the ame issue if all of the property covered by tat agreement is reasonably expected to be elivered within 3 years of the date of issue of the first obligation. Arbitrage rebate. Generally, interest on a state or local bond is not tax-exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpose investments. See section 148(f). Construction issue. This is an issue of tax- exempt bonds that meets both of the following conditions: Page 2 d 3 Page 2 1. At least 75% of the available construction proceeds of the issue are to be used for construction?od ures with respect to property t by a governmental unit or a 501 (3) tion, and 2. of thehat are part of the issue are ualified 5bonds, bonds that are n private ands, rivate activity onds issue e rope to be owned by a oovernmor a 501(c ) In Ii of rebating any arbi age that n owed to fhpUnited States, a issuer of ' construction sue may make irrevop election to pay. enalty. The pemQIVs equal to 1-1/2% of the a ount of constrLIttion proceeds that do notrweet certain spending �quirements. See secti 148(f)(4)(C) and e In uctions for Form 8038 - In general, a rm 8968 -GC muN be ompleted on t sis of ava" ble in mation and reasonable pectations as of the a of issue. Howeve forms that are filed on consolidated sis may be complete the bas' of information readily available to th 'ssu at the close of the calendar year to ich the form relates, supplemented by estimates made in good faith. Part I—Reporting Authority Amended return. An issuer may file an Vended return to change or add to the inl>rmation reported on a previously filed r urn for the same date of issue. If you are filing to correct errors or change a previously filed return, check the "Amended Return" box in the heading of the form. The amended return must provide all the information reported on the original return, in addition to the new corrected information. Attach an explanation of the reason for the amended return and write across the top "Amended Return Explanation." Line 1. The issuer's name is the name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. In the case of a lease or installment sale, the issuer is the lessee or purchaser. Line 2. An issuer that does not have an employer identification number (EIN) should apply for one on Form SS -4, Application for Employer Identification Number. You can get this form on the IRS website at IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). You may receive an EIN by telephone by following the instructions for Form SS -4. Lines 3 and 4. Enter the issuer's address or the address of the designated contact person listed on line 6. If the issuer wishes to use its own address and the issuer receives its mail in care of a third party authorized representative (such as an accountant or attorney), enter on the street address line "C/O" followed by the third party's name and street address or P.O. box. Include the suite, room, or other unit number after the street address. If the post office does not deliver mail to the street address and the issuer has a P.O. box, show the box number instead of the Form 8038 -GC (Rev. 1-2012) street address. If a change in address occurs after the return is filed, use Form 8822, Change of Address, to notify the IRS of the new address. Note. The address entered on lines 3 and 4 is the address the IRS will use for all written communications regarding the processing of this return, including any notices. By authorizing a person other than an authorized officer or other employee of the issuer to communicate with the IRS and whom the IRS may contact about this return, the issuer authorizes the IRS to communicate directly with the individual listed on line 6, whose address is entered on lines 3 and 4 and consents to disclose the issuer's return information to that individual, as necessary, to process this return. Line 5. This line is for IRS use only. Do not make any entries in this box. Part II—Description of Obligations Check the appropriate box designating this as a return on a single issue basis or a consolidated return basis. Line 8a. The issue price of obligations is generally determined under Regulations section 1.148-1(b). Thus, when issued for cash, the issue price is the price at which a substantial amount of the obligations are sold to the public. To determine the issue price of an obligation issued for property, see secti 1273 and 1274 and the related regulation . Line 8b. For a single issue, enter the a of issue (for example, 03/15/2010 for a Ingle issue issued on March 15, 2010), nerally the date on which the issuer physi Ily exchanges the bonds that are part o e issue for the underwriter's (or other purchaser's) funds; for a I ase or installmerit, sale, enter the date inte s its to accrue. \ For issues reported o a conso ted basis, enter the first day he calendar ye uring which the obliga ' ns wer issued (for example, for cal dar year 0, enter 0110112010). Lines 9a through 9h. Complete is tion if property other than ca is exchan d fo e obligation, for example, a uiring a p ice ca a fir , telephone a ipment thr gh ries of Wont ayments. is type of obligation is some " es referre o as a "municipal lease " Also complete is section if re erty " directly acquired i ex ange n obligation to make p "odic Da ents of interest-ertd'P3PRteiea 1. Do not complete lines 9a through proceeds of an obligation are received form of cash even if the term "lease" is 1%.1he title oft . . or s 9a thrc 9d, er rM"TTTe_amount on the ap ropriate Ine that represents a le r insta ment purchase. For lin d, en type of ' em that is leased. F r lines 9e through 9h enter the amount o e appropriate line at represents a banoan. For line enter the type of bank loan. Lines 9i and 9j. For line 9i, enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds, including proceeds that will be used to fund an escrow account for this purpose. Several lines may apply to a particular obligation. For example, report on lines 9i and 9j obligations used to refund prior issues which represent loans from the proceeds of another tax-exempt obligation. Line 9k. Enter on line 9k the amount on e 8a that does not represent an obligati described on lines 9a through 9j. Line 10. Check this box if the iss has designated any issue as a "small iss r exception" under section 265(b)(3)(B)(i) Line 11. Check this box if issu a construction issue and0A irrevocable a tion to pay a penalty in li of arbitrage rebate s been made on or ore the date the bonds were issued<.ee alty is le with a Form 8038-h 6- nth pe d after the date there iss d. Do no make any paymelty in lie f reb a with Form 8 38 Rev. Proc.1992 �rules regarding the Page 3 Paid Pr parer If an a horized re esentative of the issuer fille n its retur he paid preparer's space s uld remai lank. Anyo who prepares e return b does not arge e rganization sh Id n sign the r urn. ain others wh epare the r urn should not n. For example, a regul ,full-time err of the issuer, suc s a clerk, secretary, c., should not n. Generally, a one who is pai o pr are a return must sign f nd fill in the of blanks in the Paid Preparer e Only area of the et IT A paid preparer nnot use a social s urity number in the Pai reparer Use my box. he paid prepare must e a pre rer tax ide "fication number IN). th aid preparer i elf-emplo d, th rep rer should enter " or h address i the box. he paid prepa r must: • Sig paid in the sp a provided for the prepare signature, an • Give a cop of the r urn to the issuer. Paperwork Reduction Act Notice We ask for the information on this form to e 12. EnteX e the vendor or k carry out the Internal Revenue laws of the ho is apart nstall nt purchase United States. You are required to give us the agreement, loan, or fi tial le e. If there information. We need it to ensure that you are are multiendors or b s, the uer mplying with these laws. Nhould att a schedule. 3. of the vhind'w or bank who to t m aliment rc se agreementNo or finan ease. If ere a multiple ven rrbanks, t ssuer s uld ach a sched Slgl�ture and Con nt / Anau ri representative the is'sfier must sig orm 38 -GC and applicable certification. Iso p the name d title of person sig For 38- . The ��a orized repres ative o e issuer signing m must have authority to consent the losure of the i uer's return rmatio as necess to process this retu to the rson that has been Note. If the iss r authorizes in line 6 the IRS to communic a with a person other than an r or oDKer employee of the issuer, (such autho on shall include contact both in writing regardless of the address entered in lines 3 and 4, and by telephone) by signing fs form, the issuer's authorized 54presentative consents to the disclosure of he issuer's return information, as necessary to process this return, to such person. Page 3 of 3 ou are not required to provide the formation requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Learning about the law or the form . . . . 4 hr., 46 min. Preparing the form . . . . 2 hr., 22 min. Copying, assembling, and sending the form to the IRS . 2 hr., 34 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:M:S, 1111 Constitution Ave. NW, IR -6526, Washington, DC 20224. Do not send the form to this address. Instead, see Where To File. ©2012 All Rights Reserved. Printed in the U.S.A. 06PFD00033v3 9/12 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: June 9, 2015 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JULY 7, 2015 PURCHASE AWARD/WATER TREATMENT & CONTROLS COMPANY/ LIME SLAKER UNIT FOR THE WATER TREATMENT PLANT BACKGROUND Staff requests approval to purchase a replacement Lime Slaking Unit for the Water Treatment Plant from Water Treatment & Controls Company in the amount of $184,727. The method of acquisition is in accordance with Section 36.02 (C) (6) (b),"City Standard" and Section 36.02 (C) (6) (a), "Sole Source." The replacement of a lime slaker unit was approved and budgeted in the fiscal year 2015 Capital Improvement Program (CIP), P/N 2015-032. The existing two lime slaker units are the original units installed with the plant's conversion to lime softening treatment in 1992, originally manufactured by Wallace and Tiernan Company. The unit's reliability and efficiency has diminished over the last few years, thus requiring replacement. This request is to replace the western unit; replacement of the eastern unit will be programmed into the Fiscal Year 2016 CIP. The replacement equipment is currently manufactured by Integrity Municipal Systems, LLC (IMS) in California. Water Treatment and Controls Company (WTCC) of Pensacola, Florida, is the sole and exclusive representative of IMS equipment for the state of Florida. WTCC has provided a proposal to replace the unit at a cost of $184,727. The proposed unit is a direct replacement, which includes the feeder, paste slaker, grit remover, and control panel. The exact alignment and fit to accommodate the existing configuration is critical in minimizing any retrofitting work. Attachments include: Sole Source Letter from Integrity Municipal Systems, LLC. Proposal from Water Treatment & Controls Co. DISCUSSION The item before the City Commission is to make a determination to find the Lime Slaker unit manufactured by Integrity Municipal Systems, LLC as a City Standard for lime slaker equipment at the Water Treatment Plant, and to consider an award to Water Treatment and Controls Company as a single source supplier for the state of Florida of equipment manufactured by Integrity Municipal Systems, LLC for the purchase of a replacement lime slaker unit for the Water Treatment Plant in the amount of $184,272. TIMING OF THE REQUEST The approval of this item is of high importance to initiate timely procurement and replacement of the unit. FUNDING SOURCE Funding is available from 442-5178-536.64.90, Water & Sewer Renewal and Replacement/Other Machinery/Equipment. RECOMMENDATION Through a motion, approval to purchase a replacement Lime Slaking Unit for the Water Treatment Plant from Water Treatment & Controls Company in the amount of $184,727. The method of acquisition is in accordance with Section 36.02 (C) (6) (b),"City Standard" and Section 36.02 (C) (6) (a) "Sole Source." Integrity MUNICIPAL SYSTEMS June 1, 2015 Mr. John M. Bullard Water Treatment Plant Manager 200 SW 6th St. Delray Beach, FL 33444 Phone: (561) 243-7319 Email: bullardj@mydelraybeach.com RE: Delray Beach, FL Lime Slaking System (A-758) Dear Mr. Bullard, The purpose of this letter is to communicate to you that Integrity Municipal Systems, LLC (IMS) is the sole worldwide manufacturer and provider of the Series A-758 Paste -Type Lime Slaker which is currently in use at the Delray Beach WTP. This letter also confirms that Water Treatment & Controls Company (Pensacola, FL 32534) is the sole and exclusive representative of Integrity Municipal Systems, LLC for the A-758 Lime Slaker equipment and parts in the state of Florida. As you know, Series A-758 Paste -Type Lime Slakers have a long tradition of quality and reliability, beginning with the original Wallace & Tiernan Company and continuing through the USFilter and Siemens days. IMS is intensely focused on building on that tradition by providing first-class products combined with unparalleled customer service. Please do not hesitate to contact us if you have any questions. Sincerely, Khaled Roueiheb Director of Sales Integrity Municipal Systems, LLC 13135 Danielson St., Suite 204, Poway, CA 92064, U.S.A Phone: (858)-218-3753 (Direct) Phone: (858)-486-1620 (Main Office) Fax: (858)-486-1659 Cell: (858)-248-7834 Email: Khaled@lntegrityMS.net 4Water Treatment 1 & Controls Co. June 4, 2015 Mr. John Bullard, WTP Manager City of Delray Beach 200 SW 6t' Street Delray Beach, FL 33444 Phone: (561) 243-7319 Email: bullardjgm. d�ybeach.com (850)474-1805 (800) 826-7699 (850) 474-1776 FAX 9900A N. PALAFOX STREET • PENSACOLA, FLORIDA 32534-1227 RE: New IMS 1,000 lb. /hr. Lime Slaker with Installation Proposal Number: 033015 -GP -A -R3 Dear John, We are pleased to offer you this proposal to provide one (1) Integrity Municipal Systems, LLC 1,000 lb./hr. Lime Slaking System including the removal of your existing slaker and installation of the new unit at the Delray Beach Water Treatment Plant. Our proposal is based on the following design criteria: Design Criteria Quicklime Feed Rate, lb./hr. 1,000 Slaker Maximum Capacity, lb./hr. 1,000 Maximum Output Lime Slurry Concentration, % 18% The lime slaking system is a packaged system. It consists of a lime feeder, lime slaker, grit remover, piping, valves, instrumentation and controls to make a complete and functional system. SCOPE OF WORK BY Water Treatment & Controls Comes ("SELLER") The following equipment and services are included in Seller's scope of work. All equipment will be manufactured in accordance with Manufacturer's standard equipment specifications and installed in a non -hazardous area. Please see attached equipment general arrangement drawing for illustration and reference. RE: New IMS 1,000 lb. /hr. Lime Slaker with Installation Proposal Number: 033015 -GP -A -R3 No. Item Description 1. Inlet Flexible Connection, Canvas 2. Series 31-165 Gravimetric Belt Feeder —1,000 PPH Capacity, including: a) Painted Steel Housing Construction b) 1/2 HP Motor- 0-90VDC TENV, Tachometer c) SCR Drive Control Panel & Setpoint Controller Panel d) Weigh Deck, Load Cell, Broken Belt Detector e) Feeder Support Posts and Discharge Connection Page 2 1 1 3. Series A-758 Lime Paste Slaker, 1,000 PPH Capacity, including: 1 a) 304SS Trough b) 1/2 HP Paddle Shaft Motor — 230/460V, 3 ph, 60 Hz c) Mechanical Torque Operated Water Valve d) Vapor & Dust Arrestor e) Water Supply Piping (IMS Standard) f) Water Pressure Reducing Valve, Water Strainer, Pressure Gauge, Water Low Pressure Switch g) Solenoid Valve for Auto Batch and Adapter h) Slaker delivers up to 18% Lime Slurry Concentration it Unit is shinned nre-Wired/nre-Pined_ Assembled and Tested it the Factory 4. Conveyor Type Grit Remover for 1,000 PPH Capacity, including: a) 304SS Material of construction b) 1/4 HP Grit Remover Motor — 230/460V, 3 ph, 60 Hz, TENV & Gearbox c) Grit Remover Attachments, Grit Remover Rotameter, Parts and Piping for 18% Lime Slurry Concentration d) Grit Remover Support 5. Standard Control Panel for Slaker, Grit Remover & Feeder, including: a) Nema 4X Enclosure — 304SS (Remote -Mounted) b) Relay Logic Controls, Auto -Batching c) Feed -Rate Control & Readout Meter, Switches, Lights, Disconnect Switch d) Control Circuit Transformer for 460V or 230V, 3 ph, 60Hz Power Input e) Conduit and Parts for Grit Conveyor, Control Panel, Feeder f) Audible Alarm Mounted To Control Panel 6. Junction Box for Remote Mounting of Control Panel- 304SS 7. Manufacturer's Services for Installation Inspection, System Start -Up and Operator Training (3 Days at the Jobsite) 1 1 1 Included RE: New IMS 1,000 lb. /hr. Lime Slaker with Installation Proposal Number: 033015 -GP -A -R3 Item Descri tp ion 8. Design Submittal and Operation and Maintenance Manuals 9. F.O.B Factory with Full Freight Allowed to Jobsite, Delray Beach, FL EQUIPMENT PRICE [ITEMS 1-91 10. Removal of the existing lime slaker. 11. Water Treatment & Controls Company Installation Services of the new lime slaker To include Remote installation of control panel and interconnecting wiring from remote mounted control panel to junction box, setpoint controller etc. INSTALLATION PRICE [ITEMS 10-11] Please note: • Existing lime slaker to be left on site for Delray Beach's use. • Our proposal does not include as -built or custom drawings. Page 3 MY. Included Included $159,500 Included Included $25,227 SCOPE OF WORK BY BUYER 1. Equipment unloading 2. Concrete pad for equipment including anchor bolts supply 3. Electrical power to slaker control panel (480V/3 ph/60Hz) 4. All overflow drain piping from slaker to plant drain 5. All electrical conduit, wiring, electrical material, etc. from control panel to plant SCADA, etc. 6. Process signal and wiring from process for feeder operation 7. Quicklime supply equipment to feeder inlet 8. Vent piping from vapor & dust arrestor connection onwards (3") 9. Lime slurry discharge piping from slaker connection to process (2") 10. 1 %2" water supply piping to water connection -18 gpm at 75 psi 11. Room ventilation, air conditioning, or lighting 12. Any items not explicitly listed under Water Treatment & Controls Company's scope of work RE: New IMS 1,000 lb. /hr. Lime Slaker with Installation Page 4 Proposal Number: 033015 -GP -A -R3 SHIPPING INFORMATION Estimated Shipping Weight: 2,400 lbs. FIELD SERVICES Should additional services be required for work beyond Seller's Scope of Work, Buyer may purchase such services from Seller at a standard rate of $1,500 per eight (8) hour day, plus expenses. WARRANTY TERM The Warranty Period is one (1) year from Equipment acceptance or 18 months from shipment, whichever occurs first, and is subject to the Standard Terms of Sale included with this Proposal. Total Price for Slaker including Installation = $184,727 PAYMENT TERMS Subject to prior credit approval, the terms of payment are: 80% upon equipment delivery, Net 30 days 20% upon equipment start-up and acceptance, Net 30 days PROPOSAL VALIDITY Seller's Cost Proposal dated June 4, 2015 is valid until July 31, 2015. The stated price is predicated on shipment no later than July 31, 2016. In the event Buyer desires to extend the delivery date or the Warranty Period beyond the time period set forth in this Proposal, Seller can offer extended terms for an additional charge which will be provided upon request. RE: New IMS 1,000 lb. /hr. Lime Slaker with Installation Proposal Number: 033015 -GP -A -R2 Page 5 SCHEDULE As part of any binding Agreement that results from this proposal, Seller and Buyer shall mutually agree upon a production and delivery schedule (not to exceed the outside delivery date stated above). Our normal lead time for this type of equipment is: Design Submittal: 4 weeks after receipt of a fully executed purchase order Equipment Shipment: 10-12 weeks after seller's written receipt of submittal approval and release for fabrication. Water Treatment & Controls Applicable Terms & Conditions apply and are attached. Thank you for the opportunity to quote the installation of this important equipment. If you have any questions or concerns you may reach me at: 561-346-2271. Best regards, George S. Pellington George S. Pellington, P.E. Vero Beach Office Water Treatment & Controls Company 9900A N. Palafox Street Pensacola, Florida 32534 Cell: 561-346-2271 Water Treatment (850) 474-1805 (800)826-7699 Comb Co. (850) 474-1776 FAX 9900A N. PALAFOX STREET • PENSACOLA, FLORIDA 32534-1227 Standard Terms & Conditions 1. Quotation is good for thirty (30) days. 2. Quotation includes only the items and a service specified herein and does not include related materials such as controls, piping, etc. unless specifically listed. 3. Quotation and order acceptance are subject to buyer's approved credit. 4. Payment term is — see proposal. 5. Delivery shall be F.O.B., Shipping Point. Freight charges will be prepaid and added to the total unless otherwise instructed and agreed to. 6. All applicable taxes or government charges upon sale, shipment and/or use of equipment/services covered by the proposal shall be added to the total price and paid by the buyer. Please add any and all taxes to the quotation price. 7. Allow (see proposal) weeks for shipment after receipt of an approved written purchase order. 8. All orders are subject to a 25% restocking fee upon cancellation and if restockable. 9. Submittals and Operating & Maintenance Manuals may be available upon request. 10. Additional Start-up and Technical Services available at additional expense. 11. WTC shall be entitled to receive reasonable attorney's and collection fees on matters arising out of this quotation. Please call for any assistance or questions regarding the scope of materials or Terms & Conditions. 06-27-02 RE: Installation of IMS 1,000 lb. /hr. Lime Slaker Proposal Number: 033015 -GP -A -R3 PARTS SERVICE SALES Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (A S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (5) Emergency Acquisition ✓ (6) (a) Sole Source �/ Sole Source Letter ✓ (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Q Proposed Contract Term: Comments and Notes: Effective Date: Lime Slaking Unit must be compatible with existing equipment. MEMORANDUM TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald C. Cooper, City Manager DATE: June 12, 2015 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF JULY 7, 2015 BID AWARD/MULTIPLE VENDORS/COOPERATIVE BID BACKGROUND Staff recommends a motion to approve a one year extension through July 2, 2016 to Bid 051-2210- 14/JMA to Bound Tree Medical, LLC, Henry Schein Inc. and Nashville Medical & EMS Products, Inc. at an amount not to exceed $200,000 in accordance with Section 36.02(C)(8), "Cooperative Acquisitions." The City of Boynton Beach is lead agency on this joint bid with the City of Delray Beach for medical and medication supplies. The majority of the supplies are used in the Emergency Medical Division of the Fire Department. The supplies are stocked on emergency rescue vehicles and used for patient care. On August 14, 2014, the City of Delray Beach awarded the cooperative bid to Bound Tree Medical LLC, the lowest bidder, as the primary supplier. The contract allowed for two(2) one year extensions. This is the first renewal period for this contract. If a product is not available from the Primary Vendor, the City would then order from the Secondary Vendor; if the product is not available from both the Primary and Secondary Vendors, the City will then contact the Tertiary Vendor. During the current fiscal year, we have expended approximately $142,000 with Bound Tree Medical, LLC, $2,400 with Henry Schein, Inc. and $0 with Nashville Medical & EMS Products, Inc. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. RECOMMENDATION Staff recommends a motion to approve a one year extension through July 2, 2016 to Bid 051-2210- 14/JMA to Bound Tree Medical, LLC, Henry Schein Inc. and Nashville Medical & EMS Products, Inc. at an amount not to exceed $200,000 in accordance with Section 36.02(C)(8), "Cooperative Acquisitions." Y May 20, 2015 FinancelProcurement Services 100 E. Boynton Beach Boulevord P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561 ) 742-6310 FAX: (561 ) 742-6316 Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. Dublin, OH 43016 ATTN: Nikki Scales BID: AHNUAI_ SUPPLY OF MEDICAL AND MEDICATION SUPPLIES BID Ido.: 051-2210-14lJMA BiD EXTENSION TERM: Judy 3, 2015 to July 2, 2015 Dear Ms. Scales: City Commission approved the one year extension to the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-141JMA, with cost adjustments for pharmaceuticals and medical supplies as indicated in the enclosed documentation from manufacturers that you provided. The City of Boynton Beach looks forward to Bound Tree providing our EMS with the supplies and medications vital to their responsibilities in life support for another year. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Sr. Buyer, E-mail: alibrandii(c�bbfl.us. Sincerely, Tim W. Howard Director of Financial Services Enclosure cc: Michael Dauta — Warehouse Manager Michael Landress — EMS Chief Patsy Nadal - Purchasing Agent, City of Delray Beach File Americo's Gateway to the Gulf Stream TA. BIDS AND PURCHASES OVER $100,000 5/19/2015 4.. CffY OF BOYNTON BEACH �-a REQUEST FORM AGENDA �YEN Tom. j COitfIWSSION MEETING DATE: /19/2015 REQUESTED ACTION BY COMMISSION: Approve a one-year extension to the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-141JMA to Bound Tree Medical, LLC; Henry Schein Inc.; and Nashville Medical $ EMS Products, Inc. with cost adjustments for pharmaceuticals and medical supplies as indicated in the documentation. Items will be ordered on an "As Needed" basis. EXPLANATION OF REQUEST: BID EXTEiVSI0iV TERM: JULY 3, 2015 TO JULY 2, 2096 The City of Boynton Beach is lead agency on this joint bid with the City of Delray Beach for medical and medication supplies for the Fire Departments' EMS and Ocean Rescue Divisions. These are Warehouse stocked supplies that are ordered "As Needed". The bid includes 336 items divided into eight groups. At the City Commission Meeting of July 16, 2014, this bid was awarded to a primary vendor, secondary vendor and tertiary vendor, If a product is not available from the Primary Vendor, the Cities will then order from the Secondary Vendor; if the product is not available from both the Primary and Secondary Vendors, the Cities will then contact the Third Place Vendor. PRIif+ARY VENDOR: BOUND TREE MEDICAL, LLC SECONDARY VENDOR: HENRY SCHEIN INC. TERTIARY !VENDOR: NASHVILLE MEDICAL & EMS PRODUCTS, INC. This bid contained a "Cost Adjustment" clause to allow for increases in pricing at time of renewal due to industry inflation and verified by the Producer Price Index Industry Data for Medical Equipment and Supplies and Pharmaceutical and Medicine Manufacturing. This is the first of two additional one-year renewal periods, per bid documents. Bound Tree Medical has submitted letters from manufacturers documenting increased product pricing by "percent". Based on the documentation provided and the attached PPI Industry Data, Staff recommends renewing this bid with the requested cost adjustments. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The pricing established in this joint bid with the City of Delray Beach, has provided the City of Boynton Beach Fire Department EMS and Ocean Rescue pharmaceutical drug and medical supplies from the recommended vendors at the lowest competitive prices. This bid provides mandatory supplies for the operation of the Emergency Medical Services Division of Fire Rescue. (FISCAL IMPACT: Funds are budgeted for these items under Fire Department account number 001-2210-522-52-66 in the amount of $152,000.00. Current and Past expenditures for these commodities are: July 2014 to April 2015: $127,030.00 July 2013 to June 2014: $153,437.00 Page 261 of 445 ALTERNATIVES: The Cities of Boynton Beach and Delray Beach could issue a new bid for these necessary commodities, but pricing submitted in response to a new bid would reflect the industry's increased pricing due to inflation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: REVIEWERS: Department Type Description D Other Response from Bound Tree D Other Response from Henry Schein D Other Response from Nashville Medical D Other Documentation from Manufacturers ❑ Other Producer Price Index. Data REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 5/7/2015 - 8;17 AM Finance Howard, Tim Approved 5/7/2015 - 8:17 AM Legal Swanson, Lynn Approved 5/13/2015 - 4:34 PM City Manager LaVerhere, Lori Approved 5/15/2015 - 12,15 PM Page 262 of 445 ars W U fail i1 [L] W Li] (b LLi w m Q w 4 �++ Q V� U W W ' LL1 w W W W !1J W to W W m ial! m cn rn n rn n o a1 0 In O Ln vs v 41 a1 In m m rn w ut r- o co .+ N 'o v M�� N rn Lh ami vi rid ri o o rn d a ami 00 n� rn ii ltlj w a° �- to C a -i N wrryr}l O d ri r1 in rn to 4 H to iA to O O t/1 to a/i M to N to m � h +R d? 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E' M m m M N lo W •" O M ON N m n r m m rl r r n m Y� M O 0 rNrq m w O O-4 -1'1 l00 ,��° n r m m a1 7 � \\ j / « k E � & E Q � -- m' \ § k Ie 8 = E 3 - k � ~� � « u / k E k o A CO A Ln 0 / « E 6 \ E Q Ie 8 = E Stacey Barksdale -Price Bound Tree Medical Product Manager Pharmaceuticals and IV Therapy Dear Stacey, On July 1, 2014, Hospira is increasing acquisition pricing to Bound Tree Medical on various contracted products. To assist with communicating to your customers the percent increase Bound Tree Medical received on those products, I have created a product listing that shows the percent increases by product. The listing is sorted alphabetically and divided into two sections: Non -Drug Products and NDC Products. On July 1, 2014, Hospira is removing a variety of products from contract. Some of those products will still be available to Bound Tree medical, but only at List Price. A list of products that Bound Tree has historically purchased that are being removed from contract and can currently be ordered by Bound Tree are fisted in Table A - Products Removed from Contract below. Products that have been removed from contract and are no longer available to Bound Tree Medical are listed below in Table B — Products No Longer Available to BTM. Sincerely, Brian Davidson Hospira Worldwide, Inc. National Account Executive Trade Relations Hospira, List-TU6#-' t19nn-H�rug -. IProdiec#s 111L1C1t = Product Pe glipl ion _ percent Increase 04535-34 ABBOCATH-T SUBCLAVIAN 16G 5-1121N 5.33% 11742-28 EXT DIALAFLO SET 18IN PP YSITE NDEHP 29.94%© 14929-28 EXT SET 71N REM CLAVE SITE NDEHP 3.24% 14281-28 EXTENSION SET 131N PP YSITI= NDEHP 27.68% 14265-28 GEMSTAR PGGYBK BCKCK 2 CLV YSITE 110IN 1.71% 06599-01 LF LARGE BORE Y -IRRIGATION SET 47.30% 15239-01 LF T -U -R 4 -LEAD IRRIGATION SET 49.95% 12538-28 LFLSPRIMPLUM CLV CS/48 19.05% 11302-01 LS BLUNT CANNULA 18-G 16.67% 11956-01 LS CLAVE PORT MALE ADAPTER PLUG, LL 26.09% 11003-78 LS IV FAT EMULSION PLUMSET CP NON-DEHP TBG OL 396.85% 12728-65 LS LF 150ML MICRO BURETTE SET CP 2 PP INJ SITE OL 19.84% Ac5, T ��a Fiospira Gst*Tucil fon-DrugPercent Products = . NDC# Product Descriptip -- creaso - 12660-28 LS LF MACRBR EXT 7.25 IN W/CLV OL NON-DEHP 12.32% 12651-28 LS LF MACRO EXT SET 51N LSC T PP INJ NON-DEHP 26.77% 12656-28 LS LF MACROBORE EXT 301N SC OL NON-DEHP 5P 16.67% 12241-28 LS LF MICR EXT ST 81N RMV CLAVE SPN COLLAR NDEHP 27.49% 1265228 LS LF MIGRBR EXT 6.25IN WIPP [NJ SITE O -L N-DEHP 21.67% 12649-28 LS LF MICRBR EXT 7 518IN W/CLV LSC N -D 20.09% 20654-28 LS LF MICROBORE EXT SET W/CLV OPT LOK NON DEHP 23.86% 20658-28 LS LF MICROSORE EXT SET W/CLV OPT-LOK N DEHP 28.05% 12661-28 LS LF PRIM 100W CP CLV Y -SITE OL NON-DEHP 44.75% 12672-28 LS LF PRIM 78 IN CP PP INJ OL NON-DEHP 30.36% 12663-28 LS LF PRIM PGBK 1001N CP BCK 2CLV OL NON-DEHP 21.96% 12662-28 LS LF PRIM PGBK 100IN CP BCK VLV 2CLV Y OL N-DEHP 20.50% 12664-28 LS LF PRIM PGBK CP 100IN BCK 3CLV OL NON-DEHP 12.69% 12665-28 LS LF PRIM PGBK CP 80 IN BKCK 2PP INJ OL NON-DEHP 24.39% 11961-68 LS LF PRIM PGBK SET CP BKCK 2 CLAVES OL 24.15%9 14679-28 LS LF PRIM PLUMSET CP 1041N PRP INJ OL NDEHP 136.99% 20667-28 LS LF REGLTR IV MACRB 18IN DIAL-A-FLO CLV OL NDEHP 22.07% 1267628 LS LF TWIN -SITE EXT 321N 2 CLV PTS OL NON-DEHP 19.18% 12730-65 LS LF Y -TYPE BLOOD NV 78.5 IN 170 MIC FLTR PMP SL 26.14% 12568-01 LS MICRO CLAVE MALE ADAPTER PLUG, LL 8.70% 12006-01 LS Y -CONNECTOR W/CLAVE 25.90% 12341-01 LS Y -TYPE 150ML BURET CP W/CAP PRICLV SOL MICR -OL 22.04% 12551-01 MACROBORE EXTENSION SET W/MIC'ROCLAVE, OL 22.93% 14221-28 PRIMARY SET 1001N NDEHP 23.81% NDC-_: Prailucfs. NDCt° ` praslui�,Desaription Percet .._ increase 07983-25 0409-7983-25 0.9% SODIUM CHLORIDE INJ USP VISIV 250ML 191.67%9 07922-25 0409-7922-25 5% DEXTROSE 250ML CS/24 199.15% 04911-34 0409-4911-34 ATROPINE SULF 0.1MG/ML 10 ML ABJ LS 2.91% 01162.01 0409-1162-01 BUPIVACAINE HCL INJ USP 0.5% 10ML TTV 1.70% 01162-02 0409-1162-02 BUPIVACAINE HCL INJ USP 0.5% 30ML TTV 2.48% 04928-34 0409-4928-34 CALCIUM CHLORIDE INJ USP 10% 10MLABJ LS 11.08% 07335-03 0409-7335-03 CEFTRIAXONE FOR INJECTION USP 2G FLIPTOP VIAL 1.12% 07930-02 0409-7930-02 DEXTROSE 10% INJ USP LIFECARE 250ML 207.02% 07930-03 0409-7930-03 DEXTROSE 10% INJ USP LIFECARE 500ML 227.10% 07100-67 0409-7100-67 DEXTROSE 5%9 INJ USP ADD -VANTAGE 100ML 2.50%9 07100-66 0409-7100-66 DEXTROSE 5%9 INJ USP ADD -VANTAGE 50ML 5.98% 07922-09 0409-7922-09 DEXTROSE 5%9 INJ USP LIFECARE 1000ML 199.15% • Hospira • List-Tuc# Ni)C Products - NPC#. - - Product Description Percent Ingrease .. 07923-23 0409-7923-23 DEXTROSE 5% INJ USP LIFECARE 100ML 23.27°% 07923-37 0409-7923-37 DEXTROSE 5% INJ USP LIFECARE 100ML 52.78°% 07922-02 0409-7922-02 DEXTROSE 5% INJ USP LIFECARE 250ML 260,82% 07922-03 0409-7922-03 DEXTROSE 5% ]NJ USP LIFECARE 500ML 257.14% 07923-36 0409-7923-36 DEXTROSE 5% INJ USP LIFECARE 50ML 48.15% 07949-09 0409-7941-09 DEXTROSE 5%10.9% SOD CL INJ USP LC 1000ML 186.89% 07924-02 0409-7924-02 DEXTROSE 5%10.225°% SODIUM CL INJ USP LC 250 ML 257.14% 07926-02 0409-7926-02 DEXTROSE 5°%10.45% SODIUM CL INJ USP LC 250 ML 268.42°% 07926-03 0409-7926-03 DEXTROSE 5°%10.45°% SODIUM CL !NJ USP LC 500 ML 246.53% 04902-34 0409-4902-34 DEXTROSE 50% INJ 50ML 18GX1-112 LS A13BOJECT 14.36°% 07517-16 0409-7517-16 DEXTROSE 50% INJ USP 50MLANSYR II SYR 15,06°% 01171-01 0409-1171-01 DILTIAZEM HCL INJ USP 5 MG/ML,,5 ML FTV 231.15°% 02346-32 0409-2346-32 DOBUTAMINE IN 5% DEXTROSE INJ USP 250 MG, 250 ML 57.34% 02347-32 0409-2347-32 DOBUTAMINE IN 5% DEXTROSE INJ USP 500 MG 250 ML 16.30°% 02122-01 0409-2122-01 ENALAPRILAT INJ 1.25 MG/ML IML FTVIAL 1.82°% 04921-34 0409-4921-34 EPINEPHRINE INJ USP 1:10,000 90ML 20G ABJ LS 10.84% 09094-31 0409-9094-31 FENTANYL CITRATE INJ USP CII 0.05MG/ML 20ML FTV 2.70°% 09094-22 0409-9094-22 FENTANYL CITRATE INJ USP CII 0.05MG/ML 2ML FTV 16.88% 09094-25 0409-9094-25 FENTANYL CITRATE INJ USP CII 0.05MG/ML 5ML FTV 9.65°% 06102-10 0409-6102-10 FUROSEMIDE INJ USP 100MG 10ML FTV 100,00% 06102-02 0409-6102-02 FUROSEMIDE INJ USP 20MG 2ML FTV 100.00°% 06102-04 0409-6102-04 FUROSEMIDE INJ USP 40MG 4ML FTV 100.00% 03795-01 0409-3795-01 KETOROLAC TROMETHAMINE INJ 30MG 1 ML/2ML FTV 49.25°% 03796-01 0409-3796-01 KETOROLAC TROMETHAMINE INJ 60MG 2ML FTV 53.33°% 07953-09 0409-7953-09 LACTATED RINGER'S INJ USP LIFECARE 1000ML 207.02% 07953-02 0409-7953-02 LACTATED RINGER'S INJ USP LIFECARE 250ML 199.16% 07953-03 0409-7953-03 LACTATED RINGER'S INJ USP LIFECARE 500ML 212.50°% 03178-01 04093178-01 LIDOCAINE 1 % AND EPI 1:100,000 INJ USP 20ML FTV 7.64°% 03178-03 0409-3178-03 LIDOCAINE 1°% AND EPI 1:100,000 INJ USP 50ML FTV 1.89% 04713-32 0409-4713-32 LIDOCAINE 1 % HCL INJ USP 2 ML AMP .10.39% 04276-01 0409-4276-01 LIDOCAINE 1 % HCL INJ USP 20 ML FTV 0.96°% 04713-02 0409-4713-02 LIDOCAINE I% HCL INJ USP 5 ML AMP 15.38°% 04276-02 0409-4276-02 LIDOCAINE 1 % HCL INJ USP 50 ML FTV 6.08°% 04282-02 0409-4282-02 LIDOCAINE 2% HCL INJ USP 10ML AMP 17.12% 04277-01 0409-4277-01 LIDOCAINE 2% HCL INJ USP 20ML FTV 6.29°% 04282-01 0409-4282-01 LIDOCAINE 2% HCL INJ USP 2ML AMP 27.45°% 04277-02 04094277-02 LIDOCAINE 2% HCL INJ USP 50ML FTV 1.69°% 01323-05 0409-1323-05 LIDOCAINE 2°% HCL INJ USP 5ML ANSYR SYR 9.87°% 04903-34 0409-4903-34 LIDOCAINE HCL INJ USP 2°% 5ML 21GXI-1/2 ABJ LS SYR 2.86% 02066-05 0409-2066-05 LIDOCAINE HCL INJ USP 2% 5ML15ML VIAL 5.23°% 06727-23 0409-6727-23 MAGNESIUM SULFATE 1G/100ML 5°%DESTROSE INJ, USP 75.43°% 06729-03 0409-6729-03 MAGNESIUM SULFATE 20G/500ML WATER FOR INJ 71.79% 06729-24 0409-6729-24 MAGNESIUM SULFATE 2GI50ML WATER FOR 1NJ 8.40% 1;1osp'ira, NDC Products NDC# :• Prod uctVeScidp 170' Percent. ' Increase 06729-09 0409-6729-09 MAGNESIUM SULFATE 40G/1000ML WATER FOR INJ 34.35% 06729-23 0409-6729-23 MAGNESIUM SULFATE 4G/100ML WATER FOR INJ 49.40% 01587-50 0409-1587-50 MARCAINE 0.25% BUPIVACAINE HCL W USP 50ML VIAL 18.95% 01610-50 0409-1610-50 MARCAINE 0.5% BUPIVACAINE HCL INJ USP 50ML VIAL 53.26% 02305-17 0409-2305-17 MIDAZOLAM HCL INJ CIV PF 1MG/ML 2ML FTV 10.87% 02308-01 0409-2308-01 MIDAZOLAM HCL INJ, CIV PF 5MGIML 1ML12ML FTV 4.88% 02308-02 0409-2308-02 MIDAZOLAM HCL INJ CIV PF 5MGIML 2ML FTV 2.15% 02596-03 0409-2596-03 MIDAZOLAM HCL INJ CIV 5MG/ML 5ML FTV 2.64% 01892-01 0409-1892-01 MORPH 8MG/ML IML C BX/10 9.43% 00421-53 61703-0421-53 MVI PEDIATRIC SDV LYOPHILIZED 39,28% 07967-09 0409-7967-09 NORMOSOL-R LIFECARE 1000 ML 113.41% 04759-01 0409-4759-01 ONDANSETRON INJ USP 2MG/ML 20ML MULTIDOSE VIAL 19,00% 04755-03 0409-4755-03 ONDANSETRON INJ USP 2MG/ML 2ML SINGLE DOSE FT VIAL 8,33% 07074-26 0409-7074-26 POTASSIUM CL INJ IOMEQ IOOML WATER FOR INJ 7,92% 06653-05 0409-6653-05 POTASSIUM CL INJ 40MEQ 20ML IN 30ML FTV 37.93% 06629-02 0409-6629-02 QUELICIN SUCCINYLCHOLINE CL INJ 20MG/ML IOML FTV 25.06% 04916-34 0409-4916-34 SOD BICARB INJ USP 7.5%, 50ML ABBOJECT LS 2.68% 06625-02 0409-6625-02 SOD BICARB INJ USP 8.4% 50 MEQ 50 ML FTV 50.00% 06637-34 0409-6637-34 SOD BICARB INJ USP 8.4% 50MEQ 50ML 18GX1-112 LS 21.00% 05534-34 0409-5534-34 SODIUM BICARB INJ USP 4.2% 5 MEQ 1 DML ABBOJECT LS 9.68% 07138-09 0409-7138-09 SODIUM CL 0.9% IRRIGATION USP AQUALITE 1000101- 207.02% 06138-22 0409-6138-22 SODIUM CL 0.9% IRRIGATION USP AQUALITE 260ML 250.00% 06138-03 0409-6138-03 SODIUM CL 0.9°% IRRIGATION USP AQUALITE 500ML 218.18% 07985-03 0409-7985-03 SODIUM CL INJ USP 0,45% LIFECARE 500 ML 1 233,33% 07984-23 0409-7984-23 SODIUM CL INJ USP 0.9% 100 ML FLEXIBLE CONTAINER 32.70% 07101-02 0409-7101-02 SODIUM CL INJ USP 0.9% ADD -V 250 ML 6.01% 07983-09 0409-7983-09 SODIUM CL INJ USP 0.9% LIFECARE 1000 ML 236,54% 07984-37 0409-7984-37 SODIUM CL INJ USP 0,9% LIFECARE 100ML 60,19% 07983-61 0409-7983-61 SODIUM CL INJ USP 0.9% LIFECARE 150 ML 264.58% 07983-02 0409-7983-02 SODIUM CL INJ USP 0.9% LIFECARE 250 ML 316.67% 07984-36 0409-7984-36 SODIUM CL INJ USP 0.9% LIFECARE 50 ML 36.36% 07983-03 0409-7983-03 SODIUM CL INJ USP 0.9% LIFECARE 500 ML 276.34% 07990-09 0409-7990-09 STERILE WATER FOR INJ USP LIFECARE 1000 ML 171,32% 07139-09 0409-7139-09 STERILE WATER FOR IRRIGATION USP AQUALITE 1000 ML 196,61% 06139-22 0409-6139-22 STERILE WATER FOR IRRIGATION USP, AQUALITE 250 ML 250.00% 06139-03 0409-6139-03 STERILE WATER FOR IRRIGATION USP, AQUALITE 500 ML 224.07% 04011-01 0409-4011-01 VERAPAMIL HCL INJ 2.5MG/ML 2ML AMP 50.00% 01144-05 0409-1144-05 VERAPAMIL NCL INJ 2.5MG/ML 2ML FTV 50,00% 01144-02 0409-1144-02 VERAPAMIL HCL INJ 2.5MG/ML 4ML FTV 50.00% Table A a Products Removed from Contract [14i�splraLlst-Tud# Hospira NDC# - Product Doscripti'on ent asp 0409-1151-70 0409-7984-06 0.9% SODCHL 50ML(CS/50 9% 107984-06 07984-11 0409-7984-11 0.9'% SODCHL100ML(CS/60.) �E+3.11% 0% 09093-38 0409-9093-38 FENTANYL CITRATE iNJ USP Cl 1 (0.05 M G/ML) 2OM 02102-02 09093-32 0409-9093-32 FENTANYL CITRATE INJ USP C11 (O.OSMG/ML) 2ML AMP 54.83% 09093-35 0409-9093-35 FENTANYL CITRATE INJ USP CII (0.05MG/ML) 5ML AMP 39.21% 07651-03 04.09-7651-03 HEPARIN 50D INJ USP 5OU/ML /0.4S% SOL) CL INJ 500ML 61.11% 12566-01 FOSPHENYTOIN SOD INJ USP 50MG/ML 9OML FFV LS LF PRIM IV PUMP SET CP 721N W/2 PAASV, CLV-OL 38.11% 12908-65 07761-03 L5 LF Y TYPE BLOOD SET NON VENTED 791N 170 MICRON 121.10% 434.23-01 0409-7808-22 RECEPTAL CA.N 1600(CS/10) 23.274';; Hospira,L!st Tuc# Hospira Mac#- Product Description 01151-70 0409-1151-70 HEPARIN LK FL SOLN USP 10 U/ML 10 ML FTV 01482-02 0409-1482-02 NITROGLYCERIN 50MG IN 250ML OF 5% DEX 200MCG/ML 01483-02 0409-1483-02 NITROGLYCERIN I OOMCG/ML 25MG TOT IN 5% DEX 250ML 01632-01 0409-1632-01 VECURONIUM BROMIDE FOR INJ 1OMG 10ML FTV 02102-02 0409-2102-02 SODIUM CL INJ USP 0.9% 2 ML I=TV - LS 02312-31 PROMETHAZINE HCL INJ,USP,25MG/ML 1 ML CJT LL SLMPK 04535-42 ABBOCATH-T 24G 3/41N 04857-02 0409-4857-02 FOSPHENYTOIN SOD INJ USP 50MG/ML 2ML FTV 04857-10 0409-4857-10 FOSPHENYTOIN SOD INJ USP 50MG/ML 9OML FFV 07651-03 0409--7651-03 HEPARIN SOD INJ USP 5OU/ML /0.45% SOD CL INJ 500ML 07761-03 0409-7761-03 HEPARIN SOD INJ USP 5OU/ML /5% DEXTROSE INJ 500 ML 07808-22 0409-7808-22 DOPAMINE HCL 200MG IN 5% DEXT INJ USP LC 250 ML 07808-24 0409-7808-24 DOPAMINE HCL 400MG IN 5% DEXT INJ USP LC 500 ML 07809-22 0409-7809-22 DOPAMINE HCL 400MG IN 5%o DEXT INJ USP LC 250 ML 07809-24 0409-7809-24 DOPAMINE HCL 800MG IN 5% DEXT INJ USP LC 500 ML 07931-32 0409-7931-32 LIDOCAINE HCL 0.4% IN 5% DEX INJ USP 250 ML LC 07939-32 0409-7939-32 LIDOCAINE HCL 0.8% IN 5% DEX INJ USP 250 ML LC 12453-48 LS LF PRIM SET, CP,100IN W/CLV, OL MICRODRIP Y,,rjr, S INTERNATIONAL MEDICATION SYSTEMS, LI TER 1886 Santa Anita Avenue South EI Monte, California 91733 Telephone: (800) 423. 4136 • (626) 442 6757 Fax; (626) 443 2481 November 7, 2014 Stacey Barksdale -Price Bound Tree Medical, LLC PO Box 8023 Dublin, OH 43016 RE: Price increase Dear Stacey: This letter is to inform you that as of December 1, 2014 the price for the following products will increase by as follows: Naloxone HCl Inj. (NDC 76329-1469-1) --135% Naloxone HCl Inj. (NDC 76329-3369-1) —133% Lidocaine HCl Topical Solution 4% (NDC 76329-6300-5) —194% Epinephrine Inj 1:1,000 MDV (NDC 76329-9061-0) —29% Atropine Inj. (NDC 76329-3339-1) —27% Calcium Chloride 10% Inj. (NDC 76329-3304-1) — 49% DeXtrose 50% Inj. (NDC 76329-3301-1) — 53% Epinephrine luj 1:10,000 (NDC 76329-3316-1) — 64% Lidocaine HC12% Inj, (NDC 76329-3390-1) — 9..% Sodium Bicarbonate 8.4% Inj. (NDC 76329-3352-1) — 64% Lidocaine 1IC1 Jelly 2% (NDC 76329-3012-5) —18% Lidocaine HC1 Jelly 2% (NDC 76329-3013-5) —16% If you have any questions please Feel free to contact us. Sincerely a , awatidewi. Sr VP, Sales & Marketing AmphWar Pharmaceuticals c— � Company Anafy$OuTce@ Monthly WAC Unit Pricing History MAGNESIUM SULFATE - 63323-0064-02 A412 24.7059 3a 87 216/2015 9:53:49 AM Selected from FD13 MedKnovAedgelm with permission and copyrighted by First Databank, Inc., 2015. Anaty$ource@ Monthly Product Detail NDC , ¢3323-0464 02. Brand Name MAGNESIUM SULFATE Genenc.Na'me MAGf�LSIUM SULFATE Label Name MAGNESIUM SULFATE 50% VIAL v Labeler Name . APP PHARMACEUTI. ' Dosage f=orm VIAL (ML) Strength; _ 4 rn g1mL . Package Size 2.000 Repackaged l0icator Package Description VIAL R)dOTC Indicator RX GCN Seq Number 1417 Orange Book Code AP Therapeutic Class SEIZURE DISORDERS Gener+c.Price (pad Indilcator .... Generic Therapeutic Drag Indicator Orange Book A -rated drug product Generic, Rrtce lndtca#or :: Additional Descriptor 25'S Route of ,di ?inistraiion . II .tECTJON . Previous NDC 00489.6400415 Replacement N..DC - Federal DEA Code No Control Innovat. .or indicator n . Yes Private Labeler Indicator All Others Drugategory ;' 11NSPECIFIED Unit of Use Non Unit of Use Products Date Rdcied to the Datab�lse 03.9 999 ... . 2/6/2075 9:53:49 AM Selected from FOB MedKnowtedge m with permission and copyrighted by First Databank, Inc„ 2015. 2 Analy$ource® Monthly W 8\C Unit Pricing History METHYLENE BLUE -1747$-0504-10 6/2612014 10.'94:28 AM Selected from FDB MedKnowledgen' with permission and copyrighted by First Databank, Inc., 2014. Analy$ourceV Monthly Product Detail lvDc 17478-0504-1 o Brand Name METHYLENE SLIDE Generic:Name, METHYLENE 'BLUE Label Name METHYLENE BLUE 1% VIAL Lelef Name AK ' INP. Dosage Form VIAL (ML) Strer+gth ;. ..1 0;(10 Package Size 10.000 spaekaged #ndice or .; ... R.; _ Package Description VIAL Gase Pack 10 :... RyjOTGIndicator RX GCN Seq Number ` 19078. Orange Book Code ZB USC # 2433 ;,... _. Therapeutic Class URINARY TRACT ANTI-INFECTIVES,, OTHER Generic Therapeutic Drug Indicator Product not listed in Orange Book Gepertc -Pace Indicator_- �.. , ` . . . Additional Descriptor 10'S Rfluie of Adm nl' ratton iNTRAVEN Previous NDC Replacement NDC Federal DEA Code No Control lrtrlovaforind)cator ;No ... Private Labeler Indicator All Others Drug Caegory UNSP.ECIFlED Unit of Use Non Unit of Use products Date Added to the ,at b:' = 70 20Q9 6128/2014 10A4:28 AM Selected from FDO MedKnowledgel with permission and copyrighted by First Databank, Inc., 2014_ 2 Analy$ourceS Monthly ViVAC Unit Pricing History GLUCAGON EMERGENCY KIT - 00002-8031-01 Ef odIVe Date rr - Percent Gh nye , J 7/1/2010 9.0040 114(201 7 9833' { 9/28/2011 8.8743 9.0039: 5/15/2013 8.0084 H pq{�{ p np 6"9108- 1 6/19/2014 9.0000 _ 1 712 9/20 1 4 1:34:38 PM Selected from FDB MedKnowledgeT" with permission and copyrighted by First Databank, Inc., 2014, Analy$ourceO Monthly Product Waft Additional Descriptor 9.0 N. TIQ u I Previous NDC 12/29/20141:34:38PM Selected from FDS MedlKnowfedge"' with permission and copyrighted byFirst Databank, Inc., 2014. 2 Brand Name GLUCAGON EMERGENCY KIT 7 enow --GLUC HURECOMBINANT r— Label Name GLUCAGON 1 MG EMERGENCY KIT 7 Dosage Form KIT . rz 777 fn Package Size 1.000 A' -7. Package Description KIT Rx/OTC Indicator RX Orange Book Code zC Therapeutic Class ALL OTHER MISCELLANEOUS DRUGS, ETHICAL --------------- ----------------------------------------------- Generic Therapeutic Drug Indicator Single source gerlCilt 72. WO 27� Additional Descriptor 9.0 N. TIQ u I Previous NDC 12/29/20141:34:38PM Selected from FDS MedlKnowfedge"' with permission and copyrighted byFirst Databank, Inc., 2014. 2 Analy$ource® Monthly WAC Lpn6t Pricing "istory SODIUM CHLORIDE - 00338-0049-04 811312014 4:34:27 PM Selected from FDB MedKnowledge"" with permission and copyrighted by First Databank, Inc., 2014, Analy$ouraaC Monthly Product Eletafl Generic Therapeutic Drug Indicator Orange Book A -rated drug product Brand Name SODIUM CHLORIDE generic Hama ...... ... VIAFLEX PLASTIC CONT at" Previous NDC Label Name SODIUM CHLORIDE 0.9% SOLUTION 71 -1T 9A44AL. No Control _.. Dosage Form INTRAVENOUS SOLUTION All Others - rug ,..4..0gQr Y� Package Size 1000,000 Non Unit of Use Products 7 M 01. Package Description FLEX CONT PjdOTC Indicator RX CSC 5eq o w 24 Orange Book Code AP -M Therapeutic Class Lv. 50ML & UNDER, NORMAL SALINE 4 SK, Generic Therapeutic Drug Indicator Orange Book A -rated drug product C3;t�nenc price 0. r. Additional Descriptor VIAFLEX PLASTIC CONT at" Previous NDC 71 Federal DEA Code No Control y Private Labeler Indicator All Others - rug ,..4..0gQr Y� T 2- '7 Unit of Use Non Unit of Use Products Date�ldded to the Database M 01. 8/1912014 4:34:27 PM Selected from FD13 Medl<nom4edgem with permission and copyrighted by First Databank, Inc., 2014, ' 0.9% BooadTree Pricing Changes 59.:3% . .0,94/ 4251601-02 Deference#Description . II�iTR! ND.G# ea/CS .% >Pirice: . Increase:. L5100 5% DEXTROSE, jNJ USP 1 L 4264-7510-00 12 `:58:50/c 15101. 5% DEXTkOSE JNJ USP 500ML 0264-7510.10 24 151 OZ... .5%1) INJ USP 25ONS . 02644510-20. 24 42;2%0 L5202 100/oDEX M USP 250YL , . ' :0264'=752020 247. 0:3% I.6121: M.45%o NACL 500 ` .0264-761 -10 '24 '> .84'.8% 175.00 ' .LAC .RNG INJ 1L 0264-7750-00 L7501 LAC RNG INJ' $00 02644750w10: .24 L8000. NACL INJ 0:9%'l 0001VIL :: 0264-7800=00 12 . . 47:2% L8001: 0.9% L8002 59.:3% . .0,94/ 4251601-02 200 . -.3.0% II�iTR! 1 &OETY Pm. i,NOTCHEDrUS- OJXI 42S 1 GI 1-02 r SAFETYPUR'22G; .us JNTRI G24X In INJ USP, 250ML 0264:-7800-20- 24 59.:3% . d SAFETY PUR z491' 200 . -.3.0% 1 &OETY Pm. i,NOTCHEDrUS- 200 3 0%D r SAFETYPUR'22G; .us 200 .. '' 3 0_% C SAFETY PUR 20G, 200 3.0" . 4251652-02:. TNTROCAN SAFETY PUR 20G, �.. 200 3.O% 1.1X25MM-US 4251679-02 INTROCAN SAFETY PUR 18G, 200 3.,C :. 1..3X45MM-US = 4251687-02 . 1WROCAN SAFETY.PUR 18G; 200 3.0ofo 1:3X32MM�US :. 4251:095-42 1NTROCANSAFETY'PU.R 166. 200 3 0%0 :.. ..' 1:7x50MM,US 4251709 02`: " iNT KOCAN SAFETY PUR' 16G, 200 :. • 3:D°10 DX3,2MM US 4251711-02 It�TTItOCAN SAFETY MG 200. 3A% 2.2X50W US 4251890-02 INTROCAN SAFE -Y FEP 14G, 200 3.0% . 12.2X32MM-US 4252500-02 INTROCAN SAFETY FEP 24G, 20th,. 3.06% - . : -OJX1.NMMN uS .'. X25251 I-02 11�iTROCAN SAFETY PEP 200. ' 3 0010 .; :.: .: ,.. G24Xi4M VI,NOTCHEI3-US: 4252519-02 II�TTAOCAN SAFETY FES 22G; . 200 3 O% OX25MM US 4252520-02 INTROCAN SAFETY FFP 22G, 200 3.0%"-. 0.9X45MM -US ,4252527-02 -INTROCAN SAFETY FEP 200, 200 ° 3:O la :. . 11X451-US.; . 425253502 i` 1NTROGANSAFETY .�. ; 2t)G; . • :. ' 1. IX321vIM-LTS ': • .. 4252543-02 INTROCAN SAFETY FEP 20.G,. `20Q 3:0% I:iX25MM-US 4252551-02 INTROCAN SAFETY FEP 18G, 200 .. 3.0%: 1.3X45MM-1J5 425'2560-02 INTROCAN SAFETYFEP I.8G, 200 3 0p/0 :; 1.3X32NIMUS : 4252561-02 NrROCAN SAFETY FEP :200: 3:0% : 18G,1.3X64MM -US 425257$-02 INTROCAN SAFETY FEP 16G, 260, 3;:�i% . 1�.7XSOMM-US . 4252586-02 ... INTROCAN SAFETY-FU 16G,... 200 3.Oa/o . . 1.7X32NLM-US 4252594-02 RMOCAN SAFETY FEP 14G,. IM-OW-US. " 2'W. :. 3.0% _. T253511 02 INTROC.SAFETX-W PUR 200 ; '3.0% 24GX14MKNOTCHED-US 4253523-O2 INTROCAN SAFETI'-W P[JR 24G, 200 3.0% 0.7X19W-US. 4253540-02 INTROCAN SAFETY-W pUR 22Ci, 200 3:OQ/o` O;4X25MM -US I he City Of Boynton Beach May 20, 2015 Henry Schein, Inc. P.O. Box 3227 Irmo, SC 29063 Finance/Procurement Services 100 E. Boynton Beoch Boulevard P.O. Box 310 Baynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 ATTN: Jesse A. Garringer BID. ANNUAL SUPPLY OF MEDICAL AND MEDICATION SUPPLIES BID No.: 051-2210-141JMA BID EXTENSION TERM: July 3, 2015 to July 2, 20161 Dear Mr. Garringer: City Commission approved the one year extension to the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-141JMA, with cost adjustments for pharmaceuticals and medical supplies as indicated in the enclosed documentation from manufacturers as provided by Bound Tree. The City of Boynton :Beach looks forward to Henry Schein providing our EMS with the supplies and medications vital to their responsibilities in life support for another year. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Sr. Buyer, E-mail: alibrandiii .bbfl.us. Sincerely, Tim W. Howard Director of Financial Services Enclosure cc: Michael Dauta -- Warehouse Manager Michael Landress — EMS Chief Patsy Nadal - Purchasing Agent, City of Delray Beach File America's Gateway to the Gulf Stream The e i p of jlf q n 'T oBeach May 20, 2015 Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beech, Florida 33425-0310 Telephone No: (561 ) 742-6310 FAX: (561 ) 742-6316 Nashville Medical & EMS Products, Inc. P.O. Box 120 Springfield, TN 37172 ATTN. Nari Sadarangani BID: ANNUAL SUPPLY OF MEDICAL AWD MEDICATION SUPPLIES BID No.: 051-2210-141JMA BID EXTENSION TERM: July 3, 2015 to July 2, 201+6 Dear Mr. Sadarangani: City Commission approved the one year extension to the "Annual Supply of Medical and Medication Supplies", Bid No. 051-2210-14/JMA, with cost adjustments for pharmaceuticals and medical supplies as indicated in the enclosed documentation from manufacturers as provided by Bound Tree. The City of Boynton Beach looks forward to Nashville Medical providing our EMS with the supplies and medications vital to their responsibilities in life support for another year. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Sr. Buyer, E-mail: alibrandil(cDbbfl.us. Sincerely, Tim W. Howard Director of Financial Services Enclosure cc: Michael Dauta — Warehouse Manager Michael Landress — EMS Chief Patsy Nadal - Purchasing Agent, City of Delray Beach File Americo's Gateway to the Gulf Streom Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract V (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Q Proposed Flyea r contract extension through Contract Term: 2, 2016 Comments and Notes: Effective Date: Cooperative purchase extension Boynton Beach Bid 051-2210-14/JMA MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Teresa Cantore, Treasurer THROUGH: Donald B. Cooper, City Manager DATE: June 24, 2015 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF JULY 7, 2015 AMENDMENT NO. 1 TO TRIPARTY INTERLOCAL AGREEMENT FOR THE RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE TO THE OLD LIBRARY SITE AND CHAMBER OF COMMERCE RELOCATION BACKGROUND The purpose of the proposed First Amendment to the Triparty Interlocal Agreement (attached) is to provide documentation supporting an amended Payment Schedule, whereby the CRA includes an additional $1.0 million payment for FY2015. The additional payment, shown on the attached Exhibit C Payment Schedule, represents an acceleration of three full out year payments and one partial out year payment, as compared to the Current Payment Schedule (on page 2 of Exhibit Q. The end result is that the City receives its full $ 2.27 million principal in six years rather than in the originally scheduled 10 years; and, the CRA saves $ 201,000 in interest. The base document is the original Triparty Interlocal Agreement for the Release of Right of Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation by and between the City of Delray Beach, the Delray Beach Community Redevelopment Agency (CRA) and the Greater Delray Chamber of Commerce (see Original Triparty Interlocal Agreement attached) . Additional support and clarification, provided by the City Attorney, can be found on the Supplement to the Proposed First Amendment (see Supplement to Proposed First Amendment to the Tri -Party Interlocal Agreement for the Release of the Right of Reverter to the Old Library and Chamber Relocation Agreement attached). FINANCIAL DEPARTMENT REVIEW Finance recommends approval. Both the City and the CRA reflected this additional $1.0 million in their approved FY 2015 budgets. Due to the uncertainty of approval, the City has removed this revenue from the proposed FY2015 budget amendment. TIMING OF THE REQUEST This amendment will support the actual transfer of funds already agreed by the parties, and approved by the Commission in the City's FY 2015 Budget in September, 2014. RECOMMENDATION Recommend approval of the attached Amendment to Triparty Interlocal Agreement between the City of Delray Beach, the Delray Beach Community Redevelopment Agency and the Greater Delray Beach Chamber of Commerce for the Release of Right of Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation. AMENDMENT TO TRIPART'Y' INTERLOCAL AGREEMENT FOR THE RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE TO THE OLD LIBRARY SITE AND CHAMBER RELOCATION This Amendment to the Triparty Interlocal Agreement for the Release of Right of Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation ("Amendment") dated this day of , 2015, by and between the City of Delray Beach, a Florida municipal corporation, (the "City"), the Delray Beach Community Redevelopment Agency, a body corporate and politic, created pursuant to Chapter 163, Florida Statutes, (the "CRA"), and the Greater Delray Beach Chamber of Commerce, Inc., a Florida non-profit corporation (the "Chamber"). WITNESSETH: WHEREAS, the City, the CRA, and the Chamber entered into the Triparty Interlocal Agreement for the Release of Right of reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation on March 8, 2013 (the "Original Agreement"); and WHEREAS, the Original Agreement was recorded on July 3, 2013 in Official Record Book 26155, Page 1377 of the Public Records of Palm Beach County, Florida; and WHEREAS, the City, the CRA, and the Chamber desire to amend the payment schedule for payments to be made by the CRA to the City; and WHEREAS, the City, the CRA, and the Chamber desire to enter into this First Amendment to the Original Agreement to provide for the amended payment schedule which is attached hereto to this First Amendment, and is referenced as Exhibit "C" to the Original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: (06052598.1655-9543851 ) I . The recitations set forth above are hereby incorporated herein. 2. That Paragraph 2 of the Original Agreement is hereby amended in its entirety to read as follows: 2. RELEASE OF REVERTER. At the time, the CITY previously conveyed the City Parcels, as identified in Exhibit "A", to the CRA, the conveyance was subject to a Revel ier in favor of the CITY. A copy of the Special Warranty Deed dated October 9, 2008 and recorded on October 21, 2008 in Official Records Book 22916 at Page 0055 of the Public Records of Palm Beach County, Florida is attached hereto. The CITY does in accordance with the terms of this Agreement agrees to fully and unconditionally release the Revelier as contained in the aforesaid Special Warranty Deed and allow the CHAMBER to relocate to the Relocation Premises in consideration of the payment by the GRA to the CITY of the sum of (1) One Million Seven Hundred Three Thousand Sixty and no/100 dollars ($1,703,060.00), which is the appraised value of the City Parcels (which the CRA has obtained by averaging an appraisal conducted by Integra Realty at $40.00/sq. ft. and an appraisal conducted by Anderson & Carr at $45.00'sq. ft., for 40,072.00 square feet), and (2) Five Hundred Sixty Seven Thousand Eight Hundred Ten andno/100 dollars ($567,$10.00), the amount OLD had agreed to pay to the CITY if CRA/OLD purchase had closed, for a total payment to the City of Two Million Two Hundred Seventy Thousand Eight Hundred Seventy and poll 00 dollars ($2,270,$70.00), hereinafter referred to the "Release Price". The Release Price shall bear interest at the annual rate of three percent (3.0%) on the unpaid principal balance and shall be paid within ten (10) years of exeetition d4e of this Agreemejit in 1 -1 -fl (10) equal annual installments of ofthe exeeutiefl ef this Agie—....'. The fir -s! payment shall become due one r1ycar- afteF the execution date of !his -Agreement. The annual prineipal-ate Two ►._lundNd Fifteen and 24100 dollars ($266,215.24). pursuant to the payment schedule which is attached hereto as Exhibit "C". The CRA shall have a grace period of fifteen (15) days to make the annual payment when due. Payments apply first to accrued interest then to principal. CRA waives demand, protest and presentment. There shall be no prepayment penalty, however, if at any time prior to the payment in full of the Release Price, the CRA sells, transfers, leases, conveys, or otherwise disposes of all or a portion of the City Parcels to any third party (collectively a "disposition"), the CITY shall be entitled to a repayment of principal, in addition to the annual installments, in the arnount of fifty percent (50%) of the net proceeds the CRA receives, from time to time and at any time, from said disposition, and said amount shall be paid to the CITY within thirty (30) days after the CRA receives the cash. Notwithstanding the obligation of the CRA to pay to the City 50% of the net proceeds to the City in the event the City Parcels are sold, in no event shall the CRA be obligated to pay the City any monies above and beyond the total sum due of Two Million Two Hundred Seventy Thousand Eight Hundred Seventy ($2,270,870.00) dollars. The annual payments of principal and interest and the payments required when there is a CRA disposition are hereinafter �fAliot F*Sh`,IoK gilijy�i collectively referred to as "Release Price Payments". In the event of a default by CRA of its obligation to timely pay any Release Price Payments, time being of the essence, the CITY shall be entitled to exercise any remedy as provided by law or in equity. The City shall simultaneously with the execution of this Interlocal Agreement execute and deliver a document entitled "Release of Reverter Interest", a copy of the Release is attached hereto as Exhibit 3. All other terms and conditions of the Original Agreement not in conflict with this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: Chevelle Nubin, CMC, City Clerk Approved as to Form: City Attorney ATTEST: :J Jeff N101 Secretary ATTEST: Secretary {00052598.1655-9503851 } CITY OF DELRAY BEACH, FLORIDA IN Cary Glickstein, Mayor DELRAY BEACH COMMUNITY REDE LOPMENT NCY By: Herman Stevens, Chair GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC. � , President EITY OF SLA BEAM CITY ATTORNEY'S OFFICE `st WEN .0 o DELRAY BEACH FLo All-Am®dca Glly G 1993 Boort DATE: June 24, 2015 MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney F i IP.,' 1 334.x.,,. r 1 r7 --o I-Ic SUBJECT: First Amendment to the Tri -Party Interlocal Agreement for the Release of the Right of Reverter to the Old Library and Chamber Relocation A reement This memorandum is prepared as a supplement to the proposed First Amendment to the Tri -Party Interlocal Agreement for the Release of the Right of Reverter to the Old Library and Chamber Relocation Agreement. The terms of this First Amendment are very narrow: its only purpose is to revise the current payment schedule for the outstanding CRA debt to the City. This amendment will shorten the payment schedule because the CRA is agreeing, in addition to its regular annual payment, to make a one-time payment of one million dollars ($1,000,000) to the City for this fiscal year. This Amendment, although limited in scope, has nonetheless generated questions and discussion regarding the underlying prior agreements for this property. Specifically, questions have arisen regarding (i) the validity and enforceability of the Tri -party interlocal Agreement for the Conveyance of Real Property Relative to the Old Library Site and Chamber Relocation ("2008 Agreement"), this agreement contains terms for the conveyance of this property to the CRA subject to a right of reverter in favor of the City; (ii) the subsequent Tri -party interlocal Agreement for the Release of the Right of Reverter Encumbering Real Property Relative to the Old Library and Chamber Relocation agreement ('`2012 Agreement") in which the City's waived its reverter interest; and (iii) the validity of the 2014 Quit Claim Deed for City Right -of -Way, which was addressed in the March 5, 2015 letter to John C. Kaczmarek attached to this memorandum. The purpose of this memorandum is to address these questions. 1 'f. Questions regarding the reverter interest that was released by the 2012 Agreement. a) Did the Old Library Site revert to the City when the Purchase and Sale agreement between CRA and the original Developer was terminated? No. The 2008 Agreement provided for the sale of City property to the CRA subject to a "right of reverter," which right could be exercised by the City in the event the CRA failed to convey the property to the initial developer in accordance with the terms of the 2008 Agreement (see the 2008 Agreement attached). When the CRA failed to convey the property to the Developer as originally expected, title to the property did not automatically vest back to the City. Instead title remained with the CRA, subject to the City's right to exercise its reverter interest. The City never exercised this right. On November 20, 2012, the City agreed to waive its right to its reverter interest when it approved the 2012 Agreement by a vote of 5-0 (see the 2012 Agreement attached). A more detailed discussion of the City's reverter interest can be found in the March 5, 2015 letter from the City Attorney to John C. Kaczmarek attached to this memorandum. b) Was the 2012 Agreement a sale of property that required a public hearing with due notice under the City's Code of Ordinances? While the City's Code of Ordinances does require a public hearing and advertised notice before the City enters into an agreement for the sale or transfer of City property, the 2012 Agreement was not an agreement for the sale or transfer of City property. Rather, the purpose of the 2012 Agreement was to provide for the release and waiver of the City's reverter interest in the property. The heightened notice requirements are only required in connection with a sale of City property when "the City holds or possesses real property not needed for City purposes". (see Section 36.35 of the City's Code of Ordinances, 2012, attached). At the time the 2012 Agreement was placed on the Commission agenda, the property was owned by the CRA (see 1.a. above). This 2012 Agreement was approved by a majority vote of the City Commission at a properly noticed regular City Commission meeting in compliance with the Sunshine law. A more extensive discussion of the notice requirements can be found in the March 5, 2015 letter from the City Attorney to John C. Kaczmarek attached to this memorandum. z 2. Questions regarding the execution of the 2012 Agreement: a) Why does the date of execution not correspond with the date of a City Commission meeting? The 2012 Agreement was approved at a public meeting of the City Commission on November 20, 2012 (see above). However, it was not signed until March 8, 2012. The delay between approval and execution of the 2012 Agreement occurred because it had to be further approved by two other public entities (the Chamber of Commerce and CRA) before City execution. After the City approved the 2012 Agreement, the Chamber of Commerce approved the agreement at its monthly public meeting held on January 20, 2013, The CRA then approved the agreement at its public meeting held on February 14, 2013. The agreement was then returned to the City Clerk for execution by the Mayor. b) Why did the execution of the 2012 Agreement not take place at publicly noticed meeting? The Mayor was able to sign ttie approved agreement on March 8, 2013 even though there was no public meeting on that date because the act of signing an agreement after it has been approved by the City Commission at a publicly noticed meeting is a ministerial act that is not subject to Sunshine law. c) Why was the agreement signed by a different mayor than the mayor who presided over the November 20, 2092 approval of the agreement? By the time the agreement was returned to the City for the final signature and execution in March of 2013, Mayor Woody McDuffie had resigned from his post to run for the position of the Palm Beach County Supervisor of Elections. Deputy Mayor Tom Carney was sworn in as Mayor on January 31, 2013 and served until the election was held in March 2013. It was not unlawful for Mayor Carney to sign the 2012 Agreement as execution of the agreement was a ministerial act following the Commission's approval on November 20, 2012. 3. Is the 2012 Agreement a Development Agreement which required a public hearing before approval? No. The 2012 Agreement is not a "Development Agreement" created under Florida's Local Government Development Agreement Act (Florida Statutes §§163.3220-163.3243). This Act authorizes a local government to enter into a "Development Agreement" with a developer to establish certain vested rights in exchange for public benefits. The purpose of the 2012 Agreement between the City, the Chamber, and the CRA is to provide for the release and waiver of the City's reverter interest in the property. It is not a "Development Agreement" as defined in the Act. Therefore, the procedural requirements of the Act, including the requirement for a public hearing, as described in §163.3225, do not apply. 4. Did the 2012 Agreement violate the requirements of Florida Statufes § 163.380 because no project has yet been approved for the site? No. Under §163.380, agreements relating to the disposal of an interest in land in a community redevelopment area acquired for community redevelopment may be approved only after the governing body has approved a community redevelopment plan. Thus, the City was required to approve a community redevelopment plan (not a specific project) before it approved the 2012 Agreement. This requirement was met when the City adopted the 2011 Delray Beach Community Redevelopment plan pursuant to City Ordinance 27-11, which set forth the plan to redevelop the Old Library site (see the CRA Plan adopted September 20, 2011, attached). Therefore, the 2012 Agreement was in compliance with §163.380. 5. Was a public hearing required for the 2012 Agreement because it reduced the number of public parking spaces that the CRA was required to provide in its purchase of the site. Under the 2008 Agreement, the CRA agreed that as part of the consideration for purchasing the Old Library site, the Developer would enter into a separate parking agreement to construct 90 parking spaces on the Old Library site. The Developer subsequently entered into a separate agreement to provide 70 spaces and to make an in -lieu payment equal to the amount of 20 spaces (see Public Parking Space agreement, attached). However, this transaction never closed. Under the 2012 Agreement, the CRA offered to provide 50 spaces, which the City agreed to. There is no public hearing requirement for an agreement that reduces the number of public parking spaces provided in this instance. 6. Should the 2012 Agreement have been notarized? 4 No. A notary public is used to confirm that a signature is authentic. Florida law requires that an instrument concerning land be recorded, and in order to be recorded, it must be acknowledged either by a subscribing witness or a notary public.' On the 2012 Agreement, the Mayor's signature was acknowledged by City Clerk Chevelle Nubin and stamped with the City Seal. The signature of the chair of the CRA and the President of the Chamber of Commerce were also acknowledged by subscribing witnesses. Since the signatures were acknowledged by witnesses, the documents were not required to be notarized. 7. Was the 2012 Agreement required to be recorded right after it was executed? No. The purpose for recording an instrument concerning land is to put future purchasers on legal notice regarding the transaction. The 2012 Agreement was recorded in July 2013. There is no legal requirement that an instrument concerning land be recorded within a certain timeframe after execution. 8. Is the reversionary language on the original 4896 plat in favor of W.S. Linton and his heirs still valid? If so, will the Linton family obtain title to any road or alley on the plat that is abandoned? No. On the original plat that was recorded on July 5, 1896, W.S. Linton dedicated certain streets and parks in the City (then named the "Town of Linton") for perpetual use of the public, with the provision that if these areas were no longer used by the public at any time in the future, title to the dedicated areas would revert back to the Linton family (see excerpt from 1896 plat attached). Under Florida law, reverter provisions of unlimited duration like the one on the 1896 plat have been declared to be contrary to public policy of the state. Florida Statutes § 689.18(2) (copy attached) provides that all reverter provisions of unlimited duration embodied on any plat executed prior to 1930 are "cancelled and annulled and declared to be of no further force and effect." Therefore, the reverter provision on the 1896 plat was annulled by the state statute that was enacted in 1951. Florida Statutes § 695.03 5 9. Was the sale of lots 8 and 9 (the site of the old library) in 2004 a violation of the deed from Jennie Weaver? No. The deed that conveyed these lots to the City in 1936 stated that the land was to be used for municipal purposes and could not be sold and transferred without first obtaining the consent and permission from a majority of qualified voters of the City in a special election (see Deed from Jennie Weaver, attached). In compliance with the language of the deed, the City held a special election on this issue on March 13, 2001 (see Ordinance 1-01 and related materials attached). The referendum question contained the language of the deed and asked voters to give consent and permission to release the restriction in the deed. Of the 2221 voters who were qualified to vote (by virtue of being registered), 1783 voters (a majority) consented to release the deed restrictions. Ordinance 1-01, which established the Special Election, referred to the deed by book and page, and therefore the exact language of the deed was incorporated into the Ordinance by reference. The Ordinance was passed in full compliance with Florida law and our Code of Ordinances. 10. Who presently owns Lots 14 to 18 of Block 101? The CRA presently owns Lots 14-18 of Bock 1U1. The City conveyed these lots to the CRA via the Special Warranty Deed dated October 9, 2008 (see Special Warranty Deed, Title Commitment, and Palm Beach County Property Appraiser Records of ownership attached). This Deed was executed in accordance with the 2008 Agreement. N. Exhibits Exhibit "A": Triparty Interlocal Agreement for the Conveyance of Real Property Relative to the Old Library Site dated February 21, 2008 ("2008 Agreement"). Exhibit "B": Triparty Interlocal Agreement for the Release of Right of Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Location dated March 8, 2013 ("2012 Agreement"). Exhibit "C": Letter to John C. Kaczmarek from Noel Pfeffer dated May 5, 2015. Exhibit "D": Section 36.35 of the City's Code of Ordinances, 2012 Exhibit "E": Community Redevelopment Plan dated September 20, 2011. Exhibit "F": Chamber of Commerce Relocation and Public Parking Space Agreement dated February 21, 2008. Exhibit "G": Dedication language from the 1896 plat. Exhibit "H": Florida Statutes § 689.18(2). Exhibit "I": Deed between Jennie M. Weaver and the City of Delray Beach dated June 15, 1986 for Lots 8 and 9. Exhibit "J": Special Election Results dated March 14, 2001. Exhibit "K": Ordinance No. 1-01. Exhibit "L": Special Warranty Deed between the City of Delray Beach and the Delray Beach Community Redevelopment Agency dated October 9, 2008. Exhibit "M": Attorney's Title Insurance Fund Inc. Commitment Form dated December 27, 2007. Exhibit "N": Palm Beach County Property Appraiser Records of ownership for Lots 14-16, Block 101 Exhibit "O": Palm Beach County Property Appraiser Records of ownership for Lots 17-18, Block 101 EXHIBIT "A" TRIPARTY INTERLOCAL AGREEMENT FOR THE CONVEYANCE OF REAL PROPERTY RELATIVE TO THE OLD LIBRARY SITE This Tri -Party and Interlocal Agreement for the Conveyance of Real Property located within the Old Library Site (the "Agreement") is made and entered into this!) of rebr 2008, by and between the City of Delray Beach, a Florida municipal corporation, (the "CITY"), the Delray Beach Community Redevelopment Agency, a body corporate and politic, created pursuant to Chapter 1639 Florida Statutes, (the "CRA"), and the Greater Delray Beach Chamber of Commerce, Inc., a Florida non-profit corporation (the "CHAMBER"). WITNESSETH: WHEREAS, the CITY and the CRA have jointly promoted and sought the redevelopment of the property known as the Old Library Site; and WHEREAS, the Delray Beach Community Redevelopment Agency ("CRA") issued a Request for Proposals ("RFP") for the redevelopment of the property known as the Old Library Site; and WHEREAS, the City of Delray Beach ("CITY") owns several parcels of land located within the Old Library Site (the "City Parcels"); and WHEREAS, the Greater Delray Beach Chamber of Commerce ("CHAMBER') currently leases a building located on one of the City Parcels included in the Old Library Site; and W'MRFAS, the CITY and the CRA previously entered into a Tripartite and interlocal Agreement dated July 1, 2003, in which the parties acknowledged the CRA's intention to develop the Old Library Site as part of the CRA's redevelopment efforts; and WHEREAS, in order to facilitate the development of the Old Library Site, the CITY and the CRA are desirous of entering into this Agreement in order to provide for the conveyance of the City Parcels to the CRA for the purposes of conveying the City Parcels to a Developer for the development of a hotel facility on the Old Library Site including the City Parcels; and WHEREAS, the CRA intends to enter into an Agreement with the Development Group, for the development of the Old Library Site and the City Parcels, with the intention of constructing a Hotel as well as office retail, commercial, residential, and public parking areas; and WHEREAS, in conjunction with the development of the Old Library Site, pursuant to the agreement between the CRA and the Developer, the Developer will construct public parking on the Old Library Site that will serve to replace the public parking that will be eliminated on the Property; and WHEREAS, as part of the redevelopment of the Old Library Site, the Developer has elected to relocate the Chamber to the City owned Old School Square Parking Garage retail space pursuant to an agreement entitled the Chamber Relocation and Public Parking Space Agreement ("Chamber Relocation Agreement"); and WHEREAS, in accordance with the terms set forth herein, the City shall convey the City Parcels to the CRA and as a result, the City shall assign to the CRA, and the CRA shall assume the existing Chamber Lease, until such time as the CRA conveys the City Parcels to the Developer, at which time the Developer shall assume the Chamber Lease; and WHEREAS, pursuant to the Interlocal and Tripartite Agreement between the City, the CRA, and the Delray Beach Public Library, as amended, the CRA is entitled to retain $1,700,000 N i r, realized upon the sate of the Old Library Property to the Developer, and the City is entitled to receive all funds above the net sum of $1,700,000; and WHEREAS, on September 20, 2007 the CRA agreed to pay to the City at closing the sum of $315,450.00 which represents the difference between the total of the City's costs of constructing the relocation space plus the Developer's cost of building out the interior (both of which are to be paid by the Developer), and the market value of the relocation space as determined in the appraisal completed by Anderson & Carr, Inc. dated July 18, 2007; and WHEREAS, in further consideration, the CRA shall pay the City's share of the common area maintenance and other costs attributable to the public parking facility at the Old Library Site which the City is obligated to pay pursuant to the Parking Facility Easement Agreement, which is referenced in the Chamber Agreement. NOW, TBEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The above recitals are hereby incorporated as if fully set forth herein and they shall survive closing, together with any other term, condition, restriction, or covenant contained in this Agreement which is intended to be performed after Closing. 2. DEFINITIONS. The following terms when used in this Agreement for Conveyance shall have the following meanings: 2.1 City Parcels. That certain real property located in Palm Beach County, Florida and more particularly described in Exhibit "A", attached hereto and made a part hereof. 2.2 Closing. The delivery of a Special Warranty Deed to CRA., that is consistent with the terms of this Agreement. A copy of the Special Warranty Deed is attached hereto as Exhibit "B", and is incorporated herein by reference. 3 2.3 Closing Date. The date upon which the closing occurs. The Closing Date shall be no later than thirty (30) days subsequent to the date on which the City executes this Agreement. 2.4 Deed. A Special Warranty Deed, which shall convey the City Parcels from CITY to CRA. 2.5 Develoe . Old Library: Development, LLC, a Florida a Florida limited liability company, as permitted Assignee of the successful proposer under the RFP. 2.6 Purchase and Sale Agreement. That certain. Purchase and Sale Agreement entered into between the CRA and the Developer for the development of the City Parcels and the Old Library Site. 2.7 Request for Propos. That Request for Proposal C RFP' of the Old Library Site dated February 1, 2006 and mended on April 13, 2006, presented by Developer to the CRA and approved by the CRA on October 12, 2006 and by the CITY on October 10, 2006. 2.8 CRA's Address. The Delray Beach Community Redevelopment Agency's address is 20 North Swinton Avenue, Delray Beach, Florida 33444, with copy to Donald J. Doody, Esquire, of GOREN, CHEROF, DOODY AND EZROL, P.A. at 3099 East Commercial. Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 2.9 CITY's Address. The City of Delray Beach's address is 100 N.W. 1't Avenue, Delray Beach, Florida 33444, with copy to Susan Ruby, City Attorney, 200 N.W. 1s` Avenue, Delray Beach, Florida 33444. 2.10 CHAMBER's Address: The Greater Delray Beach Chamber of Commerce's address is 64 S.E. 5" Avenue, Delray Beach, Florida 33444. 4 2.11 Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 3. CONVEYANCE OF CITY PARCELS. 3.1. Subject to the provisions of this Agreement, the CITY hereby agrees to convey to the CRA, and CRA hereby agrees to accept from CITY, the City Parcels previously identified in Exhibit "A" in return for the mutually agreed upon consideration, and upon and subject to the terms and conditions set forth herein. 3.2. On the Closing Date, the CITY shall convey to the CRA by Deed, fee supple title to the City Parcels identified in Exhibit "A", in its then "as is" condition. However, notwithstanding the conveyance of the property in "as is" condition, the title of the property conveyed by the City to the CRA shall be marketable and be free and clear of all liens, claims, interests and possible liens claims, interests or encumbrances of whatsoever kind, type, nature, description or characterization that exist as a matter of record. Prior to Closing, GRA shall have the right to examine title at its sole cost and expense. In the event there is a defect in title, CRA shall either accept title "as is" and close, or the CRA may cancel this Agreement no later than the Closing. 3.3. On the Closing Date, the CITY shall assign the existing Lease with the CHAMBER to the CRA, as provided herein, and the CRA shall assume the Lease with the CHAMBER upon assignment by the CITY. Upon the assignment of the Lease to the CRA, the 5 CHAMBER shall execute an estoppel certificate indicating that on the date of the assignment of the Lease to the CRA that the CITY is in compliance with all terms and conditions of the Lease. A similar estoppel letter shall be provided by the CHAMBER at such time as the Lease is re- assigned to the CITY following the relocation of the CHAMBER to the Old School Square Public Parking Garage. 3.4. In addition to the mutual promises and covenants contained herein, and in consideration of the conveyance of the City Parcels identified in Exhibit "A" to the CRA, pursuant to the Purchase and Sale Agreement, the Developer is required to construct public parking spaces on the Old Library Site. In accordance with the terms of an Agreement to be known as the Parking Facility Easement Agreement to be entered into between the City and the Developer subsequent to the execution of this Agreement, the CRA shall reimburse the City for costs associated with common area maintenance and other related costs. 3.5. The conveyance includes: 3.5.1 All buildings and improvements located on the City Parcels; 3.5.2 All right-of-ways, alleys, waters, privileges, easements and appurtenances which are within the City Parcels, unless specifically excluded from the conveyance; 3.5.3 The conveyance also includes any right of CITY to any unpaid award to which CITY may be entitled: (1) due to taking by condemnation of any right, title or interest of CITY and (2) for any damage to the City Parcels due to change of grade of any street or highway. CITY will deliver to CRA at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; 19 3.5.4 All fixtures and articles of personal property attached to or used in connection with the City Parcels, if any. CITY and CHAMBER represent that such fixtures and articles are paid for and are owned by CITY or CHAMBER free and clear of any lien or encumbrance. CITY and CHAMBER are to provide a list of Personal Property to CRA within ten (14) days following the effective date of the Agreement; and 3.5.5 To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the City Parcels, if any. 3.5.6 The conveyance shall be subject to a right of reverter in favor of the CITY in the event the CRA does not convey the property known as the Old Library Site to the Developer, pursuant to the Agreement for Purchase and Sale between the CRA and the Developer. In the event the CRA exercises its right of repurchase as provided for in the Purchase and Sale Agreement entered into between the CRA and the Developer, and receives fee simple title to the Property originally sold to the Developer, then in that event, the CRA will convey back to the CITY the Property described in Exhibit 'W', subject only to the Permitted Exceptions other than the reverter and right of repurchase. In consideration of the CRA conveying the Property to the CITY, the CITY shall pay to the CRA at the time of conveyance the sum of money representing the sum of all monies the CITY received from the sale of Property to the Developer. CITY shall evidence the release of the right of reverter upon the closing of the transaction between the CRA and the Developer. 4. PERMITTED EXCEPTIONS: 7 4.1. The right of post closing occupancy by the CHAMBER upon the terms and conditions set forth in that certain Amended and Restated Lease dated February 7, 1997, subject to the Consent to and Assignment of Lease to be executed by the CRA, CITY, CHAMBER, at closing. Agreement. 4.2. The right of reverter and repurchase described in Section 3.5.6 of this 4.3. The right of the CRA to re -assign the CHAMBER lease to the CITY, and the acknowledgement from the CITY to accept the re -assignment in the event the CRA does not convey the property known as the Old Library Site, pursuant to the Agreement for Purchase and Sale between the CRA and the Developer. 4.4. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Town of Delray Beach, Florida (f/k/a Linton), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. 4.5. Taxes for the year of the effective date of the policy and taxes and/or special assessments which are not shown as existing liens by the public records. 5. The CRA, its agents or representatives shall, have the reasonable right of access to the City Parcels for purposes of conducting such reasonable inspections and investigations of the City Parcels for the suitability and acceptability of the City Parcels for the CRA. In the event the results of such investigations and study shall render the City Parcels unacceptable in such party's full discretion, the CRA may cancel this Agreement by delivering written notice to the CITY within such time. The CRA, its agents, or representatives shall not be entitled to perform any work or cause any work to be done to the CITY's property which could result in a lien being 8 paid therefore, and the CRA agrees, to the extent permitted by law to indemnify and hold the CITY harmless for any and all work being so performed. 6. The CITY, CRA, and CHAMBER have the full power and authority to enter into this Agreement and to assume and perform its obligations hereunder. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the CITY in accordance with its terms. 7. CITY shall convey the City Parcels to the CRA at closing, by delivery of a Special Warranty Deed, a copy of which is attached hereto as Exhibit "B". and incorporated herein by reference. 8. The closing will take place at a mutually agreed time and place. In the absence of an agreement, the closing will take place in the offices of Goren, Cherof, Doody & Ezrol, P.A. located at 76 NE Fifth Avenue, Delray Beach, Florida 33483. 9. The CITY and CHAMBER shall maintain the City Parcels, as identified in Exhibit "A", which is the subject of this Agreement, in the same condition as the City Parcels exist on the date of this Agreement, ordinary wear and tear excepted. Each party shall bear the risk of loss relative to their respective properties prior to closing, and CHAMBER shall maintain appropriate insurance to the extent of the full insurable value thereof. The CITY's and CHAMBER's responsibility to maintain the City Parcels shall continue post -closing and until the CRA transfers title to the Developer. 10. At closing, the CRA, CITY, and CHAMBER, shall enter into the Consent to and Assignment of the Amended and Restated Lease dated February 7, 1997 from the CITY to the CRA ("Assignment"), for the property on which the CHAMBER is located. A copy of the z Consent to and Assignment of the Amended and Restated Lease dated February 7, 1997 from the CITY to the CRA, is attached hereto as Exhibit "C", and incorporated herein by reference, In conjunction with the Assignment, and in consideration of the relocation of the CHAMBER's business, as provided in the Purchase and Sale Agreement between the CRA and the Developer, the CITY and the CHAMBER will enter into an Amendment to the Amended and Restated Lease to provide for the termination of the existing lease at the CHAMBER's current business location, and the relocation of the CHAMBER to another property. This provision shall survive the closing of the conveyance of the City Parcels from the CITY to the CRA. 11, The CRA agrees that it shall not close the transaction with the Developer for the conveyance of the Old Library Site and the City Parcels unless all the conditions contained in the Agreement for Purchase and Sale with the Developer, and paragraph 13 as set forth in the Chamber Relocation Agreement, have been fully satisfied. 12. PARKING RIGHTS. Upon conveyance by the CITY to the CRA of the City Parcels, the CITY shall continue to have the right to use the City Parcels for public parking until the Closing, or such later date as provided in the Purchase and Sale Agreement. 13. COSTS. All expenses incurred which may include documentary stamps to be affixed to the deed and the recording of the deed shall be borne by CRA, its successors and assigns. places: 14. NOTICE. All written notices shall be deemed effective if sent to the following CRA: Delray Beach Community Redevelopment Agency Diane Colonia, Executive Director 20 N. Swanton Avenue Delray Beach, FL 33444 10 With a Copy to: Donald J. Doody, Esq. Goren, Cherof, Doody and Ezrol, P.A. 3099 East Commercial Boulevard, #200 Fort Lauderdale, Florida 33308 CITY: City of Delray Beach David T. Harden, City Manager 100 NW Is` Avenue Delray Beach, FL 33444 With a Copy to: Susan Ruby, City Attorney 200 NW I" Avenue Delray Beach, FL 33444 Steve Rubin„ Esq. 980 N Federal Hwy Ste 434 Boca Raton Florida 334322712 CHAMBER: Greater Delray Beach Chamber of Commerce, Inc. Bill Wood, President 64 S.E. 5'h Avenue Delray Beach, FL 33444 15. EFFECTIVE DATE. This Agreement shall be deemed effective as of the last date that the document is executed by either all of the parties. 16. DEFAULT. 16.1 In the event the CITY fails to convey title to the CRA in accordance with the terms and provisions set forth herein, then in that event, the CRA may elect to terminate this Agreement or it may proceed to seek equitable relief, which shall include specific performance. 16.2 In the event the CRA fails to perform in accordance with the terms and provisions set forth herein, than in that event the CITY shall have the right to terminate this Agreement or proceed to pursue all available remedies available to it pursuant to Florida law. 17. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. 11 18. ENTIRE AGREEMENT. All prior understandings and agreements between the parties are merged in this Agreement. This Agreement completely expresses their full agreement. 19. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this agreement. 20. NO MERGER All warranties, representations, covenants„ terms and conditions herein contained shall survive the delivery and recording of the deed for a period of nine months. 21. NO ORAL CHANGE. This Agreement may not be changed or amended orally. 22. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, administrators, successors and assigns of CRA, CITY, and CHAMBER. 23. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. 24. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals 25. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 12 26. RECORDATION: Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the public records of Palm Beach County, Florida. 27. POST CLOSING: It is the intent of the parties to this Agreement that the terms and provisions set forth herein shall survive the closing between the CITY and the CRA. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below: ATTEST: Chevelle Nubin, CMC, City Clerk trovas to Form: City Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Secretary By: Frank Wheat, Chair ATTEST: Secretary GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC. By. Wi liam J. W od, President 13 L EIII[MI' A LEGAL DESCRIPTION PARCEL 3 City Parking Lotl: Lots 14,15 and 16, LESS the East 10 feet thereof for Road Right -of -Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. PARCEL 4 [City Parking Lg*. Lot 17, LESS the South 52 feet and the East 10 feet thereof for Road Right -of -Way, Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. PARCEL S. Chamber of Commerce): The South 52 feet of Lot 17 and Lot IS, LESS the East 10 feet thereof for Road Right -of -Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. 14 EXHIBIT B Special Warranty Deed Form This insUunumt Pngwed by and Return to: Donald J. Doody, Esquire 00REK CHEROF, DOODY & EZROL, P.A. 3094 Eag Con=KCial Boulevard, Suitt 200 Fort Lauderdale, Florida 33308 PIN: 12-43-46-16-01-101-0144 12-43-46-16-01-101-0171 12-43-46-16-01-101-0172 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of , 2008 by and between the City of Delray Beach, a Florida municipal corporation; hereinafter referred to as "Grantor" and the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 20 North Swinton Avenue, Delray Beach, Florida 33444, hereinafter referred to as "Grantee." WITNESSETH: That said Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in PALM BEACH County, Florida, to wit; SEE ATTACHED EXHIBIT A SUBJECT TO; This conveyance is subject to a Right of Reverter in favor of the Grantor (City) in the event the Grantee (CRA) does not convey the property known as the Old Library Site to the Developer, pursuant to the Agreement for Purchase and Sale between the CRA and Developer SUBJECT TO: Zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easement of record; taxes for current year and subsequent years. And the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under said Grantor but against none other. [SIGNATURE CLAUSE FOLLOWS] 15 , f � IN WITNESS WHEREOF, Grantor has hereunto set Grantor's Bands the clay and year first above Signed, sealed and delivered in our presence: (Print or Type Name) {Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH City of Delray Beach, a Florida municipal corporation By: Title: The foregoing instrument was acknowledged before me this day of 2048 by , as of the City of Delray Beach, a Florida municipal corporation, on behalf of the City, who is personally known to me or has produced a Florida driver's license as identification. 16 NOTARY PUBLIC EXH[BYT C Consent and -Assignment Farm CONSENT TO AND ASSIGNMENT OF AMENDED AND RESTATED LEASE DATED FEBRUARY 7, 1997 THIS CONSENT AND ASSIGNMENT OF THE AMENDED AND RESTATED LEASE is made on this day of , 2007 by and between the City of Delray Beach, a Florida municipal corporation, hereinafter the "Assignor" and Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356, hereinafter the "Assignee." WITNESSETH: WHEREAS, on June 20, 1967, the City of Delray Beach (Assignor) entered into a Lease with the Greater Delray Beach Chamber of Commerce, Inc. (the "Lessee") with respect to certain premises located at 64 SE 5a Avenue, Delray Beach, Florida, as subsequently amended in January 23, 1968; July 9, 1968 and January 9, 1996 (the "Lease Agreement"). WHEREAS, on February 7, 1997, the City of Delray Beach (Assignor) and the Chamber of Commerce amended and restated the lease dated January 9, 1996 (the "Amended and Restated Lease Agreement's to include additional properly located at 76 SE 5* Avenue, Delray Beach, Florida, more particularly described in Exhibit A, attached hereto and made a part herein (the "Premises'). The term of the Amended and Restated Lease Agreement ends on January 31, 2060. WHEREAS, City of Delray Beach and the Delray Beach CRA previously entered into an Interlocal Agreement to acknowledge the Dehay Beach CRA's intention to develop the Old Library site as part of the CRA's redevelopment efforts; WHEREAS, the Delray Beach CRA has entered into an Agreement with a Developer for the development of the Old Library Site which includes the Premises owned by the City ofDelmy; WIMREAS, the City of Delray Beach (Assignor) desires to assign its interest in the Amended and Restated Lease Agreement to the Delay Beach CRA (Assignee); and WHEREAS, the Chamber of Commerce (Lessee) does not have any objection to the assignment of the Amended and Restated Lease Agreement to the Delray Beach CRA; THEREFORE, in consideration of the covenants, conditions and agreements contained in the above -referenced documents and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The City of Delay Beach (Assignor) hereby grants, transfers and assigns unto the Delray Beach CRA (Assigneel its successors and assigns, any and all of the City's rights, title, interests, privileges and powers in, to, under and with respect to the Amended and Restated Lease Agreement. 3. The Assignee hereby undertakes the monthly rent payments due to the City of Delay as Landlord and any other obligations as acquired by and in accordance with the berms of the Lease 17 Agreement. 4. This Assignment shall be binding and inure to the benefit of the parties hereto and their respective successors and/or assigns. 5. In the event that the transaction contemplated in the Purchase Agreement by and between the Dehay Beach CRA and the Old Library Development, LLC is not consummated, the Delray Beach CRA shall assign back to the City and the City shall accept the assignment of the Amended and Restated Lease Agreement. 5. This Assignment may be separately executed by each of the parties hereto upon a separate copy in which event all such copies together shall constitute a single counterpart of this Assignment. 7. This Assignment shall he governed and construed. in all respects by the laws of the State of Florida. IN WITNESS WHEREOF, the parties herein have wwouted this Assignment of Lease Agreement on the date first written above, CONSENT BY: Lessee: GREATER DELRAY CHAMBER OF COMMERCE, INC. By:_ Title: Assignor. CITY OF DELRAY BEACH B3" _ Title: Assignee: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By Title: Signed on s M00061060045 941-23 latsAocai Agmemcat - elm copy.doc 18 f Y L' CITE HE DELRAY BEREH CITY ATTORNEY'S OFFICE TELEPHONE 56 t2E �- Dr,R FYC51 ILE:561/278-475544 DELRAY BEACH r L O ■ I U A kNJW February 22, 2008 All-Amedea ft r Diane Colonna, Director 1443 Community Redevelopment Agency 2001 20 North Swinton Avenue Delray Beach, FL 33444 Bill Wood, Chairman Delray Beach Chamber of Commerce 64 S.E. 5th Avenue Delray Beach, FL 33483 WRITER'S DIRECT LINE: 551/243-7091 RECEIVED FF B 7 12003 CITY CLERK Subject: Triparty Interlocal Agreement for the Conveyance of Real Property Relative to the Old Library Site Dear Ms. Colonna and Mr. Wood: Attached please find a fully executed Triparty interlocal Agreement for the Conveyance of Real Property Relative to the Old Library Site which was approved by the City Commission at their meeting of February 19, 2008. Sincerely, By: SOF THE CITY AT -1 OF ELRAY BEACH, Susan A. Ruby, Esq. City Attorney Attachment cc: Cheveile Nubin, City Clerk - drf.7i n Steve Rubin, Esq. 10. PUBLIC HEARINGS: A.A. ORDINANCE NO. 31-07 SECOND READING SECOND PUBLIC HEARINGZ: Privately initiated amendment to the Land Development Regulations (LDR) amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property that is allowed the permitted uses of the Central Business District (CBD) Zoning District; amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. THE APPLICANT HAS REQUESTED POSTPONEMENT UNTIL MAY 6, 2008 REGULAR COMMISS1011T MEETIN) (Motion to POSTPONE to a date and time certain of May 6, 2008 Regular Commission Meeting at 7:00 p.m. to continue to the Public Hearing; Approved, 5-0. Commissioner Eliopoulos returned to dais) A. RESOLD I O. 03-08/CONTRACT FOR 5ML AND PURCHASE OF PROPERTY/COMMUNITY REDEVELOPMENT _AGENCY/TRI-PARTY INTERLOCAL AGREEMENT: Consider approval of Resolution No. 03-08 authori2ing the City to sell certain real property located behind the Old Delray Beach Library, for the redevelopment of the old library site; and approve a Tri -Party Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) which will allow the transfer/sale of Lots 14, 15, 16, 17 and 18 of Block 101 to the CRA to facilitate the ultimate transfer by the CRA of the entire old library site to the Developer selected by the CRA for redevelopment of the site. (Commissioner Eliopoulos filed a Conflict of Interest and left dais. Motion to approve; Approved, 4-0) B. PURCHASE AND SALE AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY CRA AND DEVELOPER: Consider approval of the Purchase and Sale agreement between the Community Redevelopment Agency (CRA) and the Developer in the amount of $3,000,000.00 for the redevelopment of the entire old library site, with the City as a third party beneficiary. (Commissioner Eliopoulos filed a Conflict of Interest and left dais. Motion to approve; Approved, 4-0) C. DELRAY BEACH CHAMBER OF COMMERCE RELOCATION AND PUBLIC PARKING AGREEMENT XOMMUNITY REDEVELOPMENT AGENCY (Cft Consider approval of the Relocation and Public Parking Space Agreement between the City, the Community Redevelopment Agency (CRA) and the Delray Beach Chamber of Commerce for the relocation of the Chamber of Commerce to the Old School Square Parking Garage. (Commissioner Eliopoulos filed a Conflict of Interest and left dais. Motion to approve; Approved, 4-0) D. !MOVED TO ITEM 10.A.A. UNDER PUBLIC HEARINGSI 02-19-2008 r RESOLUTION NO. 03-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED BEHIND THE OLD LIBRARY, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located behind the old library and which is legally described below; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ,S •on 11. That the City Commission of the City of Delray Beach, Florida, m Seller, hereby agrees to sell to the CRA, as Buyer, for which the City will receive all proceeds in excess of 1.7 million dollars received by the CRA for the transfers of the property described herein as well as additional lands previously transferred by the City pursuant to the Interlocal Agreement dated July 1, 2003, as amended and the CRA in further consideration agrees to pay maintenance and costs related to a public parking facility agreement for public parking to be located at the old library site. The property being transferred at this time is more particularly described as follows: (Legal and Exhibit "A"j ,aection 22. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named ate incorporated herein as Exhibit `B". PASSED AND ADOPTED in regular session on this 19th day of February, 2008. I � ATTEST: —M —Ay A O i City Clmk PARCEL 3 (: Lots 14,15 and 16, Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. Property Control No. 12-43-46-17-01-101-0140 PARCEL 4 (CCty Fj&kj2gam; Lot 7 LE5S South 52 fi= Block dLqmf as recorded1 -Public Re of Pahn Bea& C=Z Ejorid Pr -4 - - - - 1 A South 52 feet Qf Lot 17 and Lnt 18 LESS FAst 10 feet Road Hj&t of Sft Mack 101 gf TOWN --- - .. .... - . . w .. 0.1 r.il'_ P'+-7�. .f++ f t 1 z RES No. 03-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: January 24, 2008 SUBJECT: AGENDA ITEM W.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008 RESOLUTION NO. 03-08/CRAITRIPARTY INTERLOCAL AGREEMENT ITEM BEFORE COMMISSION Our office seeks approval of the above -referenced agreement which would allow the transfer/sale of Lots 14, 15, 16, 17, and 18 of Block 101 to the CRA to facilitate the ultimate transfer by the CRA of the entire Old Library Site to the Developer selected by the CRA for development of the entire site. BACKGROUND The City and the CRA have jointly promoted and sought the redevelopment of the property known as the Old Library Site_ The Delray Beach Community Redevelopment Agency ("CRA") issued a Request for Proposals ("RFP") for the redevelopment of the property known as the Old Library Site. The City of Delray Beach ("CITY") owns several parcels of land located within the Old Library Site (the "City Parcels"). The Greater Delray Beach Chamber of Commerce ("CHAMBER") currently leases a building located on one of the City Parcels included in the Old Library Site. The City and the CRA previously entered into a Tripartite and Interlocal Agreement dated July 1, 2003, in which the parties acknowledged the CRA's intention to develop the Old Library Site as part of the CRA's redevelopment efforts. In order to facilitate the development of the Old Library Site, the CITY and the CRA are desirous of entering into this Agreement in order to provide for the conveyance of the City Parcels to the CRA for the purposes of the CRA conveying the City Parcels to a Developer. The CRA intends to enter into an Agreement with the Development Group, for the development of the Old Library Site and the City Parcels, with the intention of constructing a Hotel as well as office retail, commercial, residential, and public parking areas. In conjunction with the development of the Old Library Site, pursuant to the agreement between the CRA and the Developer, the Developer will construct public parking on the Old Library Site that will serve to replace the public parking that will be eliminated on the Property. As part of the redevelopment of the Old Library Site, the Developer has elected to relocate the Chamber to the City owned Old School Square Parking Garage retail space pursuant to an agreement entitled the Chamber Relocation and Public Parking Space Agreement ("Chamber Relocation Agreement"). In accordance with the terms set forth herein, the City shall convey the City Parcels to the CRA and as a result, the City shall assign to the CRA, and the CRA shall assume the existing Chamber Lease, until such time as the CRA conveys the City Parcels to the Developer, at which time the Developer shall assume the Chamber Lease. Pursuant to the previous Interlocal and Tripartite Agreement between the City, the CRA, and the Delray Beach Public Library, as amended, the CRA is entitled to retain $1,700,000.00 realized upon the sale of the Old Library Property to the Developer, and the City is entitled to receive all funds above the net sum of $1,700,000.00. In addition, on September 20, 2007, the CRA agreed to pay to the City at closing the sum of $315,450.00 which represents the difference between the total of the City's costs of constructing the relocation space plus the Developer's cost of building out the interior (both of which are to be paid by the Developer), and the market value of the relocation space as determined in the appraisal completed by Anderson & Carr, Inc. dated July 18, 2007. In further consideration, the CRA shall pay the City's share of the common area maintenance and other costs attributable to the public parking facility at the Old Library Site which the City is obligated to pay pursuant to the Parking Facility Easement Agreement, which is referenced in the Chamber Agreement and which will be worked out between the parties prior to closing. RECOMMENDATION The City Attorney's office recommends approval of this agreement and adoption of the attached resolution. Meeting Date: January 24, 2008 Agenda item: Summary TRI -PARTY AND INTERLOCAL AGREEMENT — OLD LIBRARY SITE In ,July of 2003 the City, CRA, and Delray Beach Public Library Association, Inc. entered into a Tripartite and Interlocal Agreement providing for the relocation of the public library from SE 4"' Avenue to CRA -owned property at 104 West Atlantic Avenue (former Kwik Stop and Laundromat). The Agreement and subsequent amendments allowed for the exchange of the CRA -owned site with the City -owned library property. The CRA's intent was to issue a Request for Proposals (RFP) for the redevelopment of the old library property, as well as the adjacent City parking lot and the Chamber of Commerce property (also owned by the City). The Interlocal Agreement stated that at the time the properties were sold to a developer, the CRA was entitled to receive the first $1.7 million of the sale proceeds. This amount was equivalent to the appraised value of the West Atlantic property the CRA had provided for the new library, The City would receive the remaining proceeds from the sale. The library relocated into a new building on the West Atlantic site and the CRA issued an RFP for the CRA and City -owned properties, which collectively became known as "The Old Library Site." On October 12, 2006, the CRA considered two responses to the RFP and selected the redevelopment proposal from Coastal Design and Development Group (CDDG). The redevelopment proposal is for a multi -use complex that includes retail, office, a hotel and a publiclprivate parking facility. Subsequent to that selection GRA staff and attorneys have been wonting with the City and the development team to negotiate the terms of the purchase and development contract. During the negotiating period a hotel partner, Ocean Properties, was brought onto the development team, which is now known as Old Library Development LLC, There were several requirements of the RFP that have had to be negotiated, including relocation of the Chamber of Commerce and replacement of public parking that is currently on the site. On September 20, 2007, the CRA board voted to approve a $315,450 contribution to the City to relocate the Chamber of Commerce into the commercial space on the ground floor of the newly constructed parking garage adjacent to Old School Square. An agreement between the City, the developers, the CRA, and the Chamber of Commerce regarding the details of the Chamber relocation and the public parking spaces will be brought to the board at a future date for approval. A separate agreement is also being prepared that will include details regarding the long term maintenance and management of the replacement parking spaces. On October 11, 2007 the preliminary Contract for Purchase and Sale between the CRA and Old Library Development LLC was presented to the board. At that time the developers had some remaining concerns with various provisions in the contract and the item was continued. The City and CRA have continued to work on the issues related to the interests of all parties concerned. At this time the City, GRA, and Chamber of Commerce are ready to consider the attached Triparty and Interlocal Agreement regarding the transfer of the City -owned parcels to the CRA as well as the Chamber of Commerce lease. The Agreement includes the following provisions: • It restates the financial conditions that have been approved thus far, that is, the CRA will receive the first $1.7 million from the sale of the property to the developer and the CRA EXHIBIT 66B" Return to; (encloge self-addressed stamped envefope) Name: Address: Intl 1111111q 1111111l11l#111 CFN 2e1303GO045 GIS BX 26255 ?G 1377 RECCIRDED 07f03/2013 12:50;49 Pala Beach County, Florida Sharon R. Buck,CLERK & CAMPTRQLLER ),qs 1377 - 23189; 1I3pgs3 TRIPARTY INTERLOCAL AGREEMENT FOR THE RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE TO THE OLD LIBRARY SrFE AND CHAMBER RELOCATION m This Tri -Party and h to docai Agreemerd (Inbulocal Agleement ffior the Release of the Right of Q 7fAZ within the Old Library Site. is made and entered into this da , 201 by and between the City of Delray Beach, a Florida municipal corporation, (the "CITY"), the Delray Beach Community Redevelopment Agency, a body corporate and politic, created pursuant to Chapter 163, Florida Statutes, (the "CRA"), and the Greater Delray Beach Chamber of Commerce, Inc., a Florida non-profit corporation (the "CHAMBER'). 7 WITNESSETH: WHEREAS, the CITY and CRA entered into a Transfer Agreement dated February a ` 21, 2008, and pursuant thereto, the City conveyed real property owned by the City (the "City Parcels") to the CRA, and assigned its lease with the Chamber ("Existing Lease") to the CRA; and 11 WHEREAS, the conveyance of the City Parcels and the assignment of the Existing Lease were subject to a right of reverter ("Reverter") in favor of the City if the GRA did not J convey the City Parcels to. its purchaser within a specified period of time; and WHEREAS, the CITY, CRA, CHAMBER, and CRA's subsequent purchaser, Old Library Development, LLC ("OLD"), entered into a Chamber Relocation and Public Parking Space Agreement, dated February 21, 2008 ("Chamber Relocation Agreement"), requiring the relocation of the Chamber from the Old Lihrary Site ("OT,S") to the C:TTY owned furl number of parking spaces at the OLS, both of which were contingent upon the closing of the sale of the City Parcels by the CRA to OLD, and WHEREAS, the CRA has terminated its Pumbase and Sale Agreement with OLD on September 12, 2012, thereby effectively #ung the Chamber Relocation Agreement and permitting the CITY to eaeacise its Reverter right requiring the CRA to reconvey the City Pmvels and reassign the Fisting Lease to the CITY; and WHEREAS, the parties desire to enter into another tnparty agreement regarding the reassigarnent of the Existing Lease, the relocation of the CHAMBER to the Relocation Premises, the retention of the public's right to use parking spaces at the OLS, and the release of the CTFTs Reverter, NOW, THEREFORE, in consideration of the mutual covenants and pwrnises herein coed, the parties hereby agree as follows: 1. The above recitals are hereby incorporated as if fully set forth herein and they shall survive closing, together with any other term, condition, restriction, or covenant contained in this Amt which is intended to be performed after execaion of this Agreement. CITY, CHAMBER, and CRA acknowledge that the Chamber Relocation Agreement is no longer of any force or effect. 2 RELEASE OF REVERTER. At the time, the CITY previously conveyed the City Parcels, as identified in Exhibit "A", to the CRA, the conveyance was subject to a Reverter in favor of the CITY. A copy of the Special Warranty Deed dated October 9, 2008 and recorded on October 21, 2008 in Official Records Book 22916 at Page 0055 of the Public Records of Palm Beach County, Florida is attached hereto as Exhibit `B". The CITY does in accordance with the terms of this Agreement agree to fully and unconditionally release the Reverter as contained in the aforesaid Special Warranty Deed and allow the CHAMBER to relocate to the Relocation Premises in consideration of the payment by the CRA to the CITY of the seam of (1) One Million Seven Hundred Three Thousand Shay and no/100 dollars ($1,703,060.00), which is the appraised value of the City Parcels (which the CRA has obtained by averaging an appraisal conducted by Integra Realty at $40.00/sq.. ft. and an appraisal conducted by Anderson & Carr at $45.00/sq. ft., for 40,072,00 square feet); and (2) Five Hundred Sixty Seven Thousand Eight Hundred Ten and no/100 dollars ($567,810.00), the amount OLD had agreed to pay to the CITY if CRA,/OLD purchase had closed, for a total payment to the City of Two Million Two Hundred Seventy Thousand Eight. Hundred Seventy and. no/100 dollars ($2,270,870.00), hereinafter referred to the "Release Price". The Release Price shall bear interest at the annual rate of three percent (3.01/1o) on the unpaid principal balance and shall be paid within ten (10) years of the execution. date of this Agreement in (10) equal annual installments of principal and interest with each payment due on the annual anniversary dates of the execution of this Agreement The first payment shall become due one (1) year after the execution date of this Agreement. The annual principal and interest payments shall be in the amount of Two Hundred Sixty Six Thousand Two Hundred Fifteen and 24/100 dollars ($266,215.24). The CRA shall have a grace period of fifteen (15) days to make the annual payment when due. Payments apply first to accrued interest then to principal. CRA waives demand, protest and presentment. There shall be no prepayment penalty, however, if at any time prior to the payment in full of the Release Price, the CRA sells, transfers, leases, conveys, or otherwise disposes of all or a portion of the City Parcels to any third party (collectively a "disposition', the CITY shall be entitled to a repayment of principal, in addition to the annual installments, in the amount of fifty percent (50010) of the net proceeds the CRA receives, from time to time and at any time, from said disposition, and said amount shall be paid to the CITY within thirty (3 0) days after the CRA receives the cash. Notwithstanding the obligation of the CRA to pay to the City 50% of the net proceeds to the City in the event the City Parcels are sold, in no event M shall the CRA be obligated to pay the City any monies above and beyond the total sum due of two million two hundred seventy thousand eight hundred seventy ($2,270,870.00) dollars. The annual payments of principal and interest and the payments required when there is a CRA disposition are hereinafter collectively referred to as "Release Price Payments". In the event of a default by CRA of its obligation to timely pay any Release Price Payments, time being of the essence, the CITY shall be entitled to exercise any remedy as provided by law or in equity. The City shall simultaneously with the execution of this Interlocal Agreement execute and deliver a document entitled "Release of Reverter Interest", a copy of the Release is attached hereto as Exhibit "C". 3. PARKING RIGHTS. The CRA ages that the CITY shall continue to have the right to use fifty (50) code compliant paddng spaces, located within three hundred (300) feet of the City Parcels for public pa&jn& and these parking spaces shall be maintained and repaired by the CRA. The CITY shall have the right to approve the specific location of the parking spaces within the overall permitted location, which approval shall not be unreasonably withheld. The CITY's public parking space rights shall be binding upon any successor in interest to the CRA, and CITY may record evidence of its right in the Public Records of Palm Beach County, Florida. This reservation of public parking spaces right shall be an ewmx t or covenant which runs with the City Parcels and may only be released, modified, or terrninated upon written authorization by the CITY. The CRA shall execute any document deemed reasonably necessary by both the CITY and the CRA to establish the CITY's parking space rights of record. 4. CHAMBER INTERIOR BUILD OUT AND RELOCATION. The CHAMBER and. CRA shall enter into a separate agreement which will provide for the relocation of the CHAMBER to the Relocation Premises, which shall occur within one (1) year after the execution of this Agreement. The separate agreement shall identify CRA's obligation to reimburse the CHAMBER for any relocation expenses or costs of the interior build out at the 4 Relocation Premises up to a maximum amount of $75 per square foot of floor area, and the CHAMBER's obligation to repay the CRA for any interior build out expenses for the Relocation Premises advanced by the CRA up to a maximum amount of $250,000. Pending the CHAMBER's, relocation to the Relocation Premises, the CRA shall continue to be the CHAMBER's landlord at the OLS under the Existing Lease, and the CRA shall not reassign the Existing Lease to the City. The CITY and the CHAMBER shall enter into a separate agreement for the lease of the Relocation Premises. The agreements referenced above between the CRA and the CHAMBER and the CITY and the CHAMBER shall be executed at the same time as the execution of this Agreement. places: 5. COSTS. Each party shall be responsible for its own cosi if any. 6. NOTICE. All written notices shall be deemed effective if sent to the following NM DBeach ehay Re&w1opny Diane Colonna, Executive Director 20 N. Swinton Avenue Delray Beach, FL 33444 With a Copy to: Donald 3, Doody, Esq. Goren, Cherof Doody and Ezrol, P.A. 3099 East Commercial Boulevard, #200 Fort Lauderdale, Florida 33308 CITY: City of Delray Beach David T. Harden, City Manager 100W 1"Avenue Delray Beach, FL 33444 With a Copy to: Brian S&A City Attorney 200 NW I" Avenue Delray Beach, FL 33444 And Steve Rubin, Esq. E 980 N Federal Hwy Ste 434 Boca. Raton Florida 334322712 CHAMBER Greater Delray Beach Chamber of Commerce, Inc. President 64 SX- 5" Avenue Delray Beach, FL 33444 7. EFFECTIVE DATE. This Agreement shall be deemed effective as of the last date that the document is executed by either all of the parties. Florida 8. GOVERNING LAW. This Agreement shall be governed by the laws of the State of 9. ENTIRE AGR EMELT . All prior understandings and agreements between the parties are merged in this Agreement. This Agrecment completely expresses their full agreement. 10. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement sbali, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenkTceability sbaIl not affect any other provision of this 11. NO MERGER. All warranties, representations, covenants, terms and conditions herein contained shall survive the delivery and recording of the deed for a period of nine months. 12. NO ORAL CHANGE. This Agreenent may not be changed or am=ded orally. 13. SUCCESSORS. This Agreement shall apply to and bind the distributors, 14. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. 15. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals C 16. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has mutated in a building m sufficient goanbities, may present health risks to persons who am exposed to it over time. Levels of radon that emceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit 17. RECORDATION: Upon full o=u ion of this Agreement, this Agreement shall be recorded in the public records of Palm Beach County, Florida. 18. GOVERNMENTAL FUNCTIONS: a. The parties agree that this Agreement shall not constitute a waiver of any portion of the City of Delray Beach's Code of Ordinances, Land Development Regulations, or any other applicable law, code, or regulation, and that the CHAMBER shall comply with all applicable statutes, codes, regulations, and ordinances that apply to the CHAMBER's performance of its obligations pursuant to this Agrmnent b. To the extent approval or permission must be obtained f um the City of Delray Beach, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rales, Iaws, and ordinances, and no person shall have any vested rights. C. The City nor the CRA has not waived its sovereign imnmunity and the limits of tort liability set forth in F. S. §768.28(5) of $200,000.00 per person and $300,000.00 per occurrence shall apply; and d. Any action by CITY shall be without prejudice to, and shall not constitute a Limit or impairment or waiver of, or otherwise affect the CITY's right to exercise its discretion in connection with its govem mental or quasi -governmental functions. 7 EXHIBIT A LEGAL DESCRIPTION OF CITY PARCELS PARCEL_ 3 (City Parkins Loth Lots 14,15 and 16, LESS the East 10 feet thereof for Road Right -of -Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded m Plat Book 1, Page 3 of the Public Records ofPall. Beach !County, Florida PARCEL 4 (tarty Parking Lot)-, Lot 17, LESS the South 52 feet a d the East 10 feet thereof for Roan Right -of -Way, Block 101 of TOWN OF LINTON (nova Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach. Comity, Florida. PARCEL 5(Chamber of CgMDerce The South 52 feet of Lot 17 and Lot 18, LESS the East 10 feet thereof for Road Right -of -Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof, as recorded in Plat Book 1, Page 3 of the Public Records.ofPalm Beach County, Florida. HA GOY CLIENT=BCRA 65SW60018 IDBCRMAGMT 201210ean Copy DelrayChamber=Triparty1018I2 revised by DJ 10.25.12.dDex EXHIBIT A LEGAL DESCRIPTION CIF CTiY PARCELS PARCEL 3 Ci Parki Lot Lots 14,15 and 16, LESS the East 10 feet thereof for Road Right--of-Way, all ofBlock 101 ofTOWN OF LINTON (novo Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. PARCEL 4 (CLty Pa1ki Lot): Lot 17, LESS the South 52 and the East 10 kd th> f for Road Right -of -Way, Bloch 101 of TOWN OF LINTON (now Dehay.Beach), according to the Plat thmwfas recorded in Plat Book 1, Page 3 of the Public Records ofPalm Beach County, Florida. PARCEL 5 LChambm of Commm,): The South 52 feet of Lot 17 and Lot 18, LESS the East 10 feet thereof for Road Right -of Way, a1I of Block 101 of TOWN OF LINTON (now Delray )3each), accmdmg to the Plat themf, as recorded in Plat Book 1, Page 3 of Ow Public Recm ds ofPglm Beach County, Florida. H:L,OOV CLMWrS0BCRA 6551o60018 DBCRA"rMT 20121Rdease of ri mmr Agreement10.31.12.doex 3of6 EXHIBIT "B" This InAmment Pmpsred by: Donatd1Doody, Eaquke CiAMW- CHEROF. DOODY & MOI, P,A. 3099 East Corm =ial Boalevat+d, Saite 200 Fartiandwdde, Floalda 33308 PCN: 12-43-46-16-01-101-0140 12-43-46-16-01-101-0171 12-43-46-16-01-101=0172 CFM 2008 X384594 OR BK ."s 29JLG PG 0055 RECORDED 18i2112 15s46s24 Palm Beach Coantg, VLor%1a AXT 1& 8 Doc Stamp 0.79 Sharon R. >wk, CLM A COMPTROLLER Fgs ilk - 57= t3ma) SPECIAL WARRANTY DEED THIS INDENTURE is made this qui day of �-� � , 2008 by and between the City of Delray Beach, a Florida cmunidpal corporation, hereinafter referred to as "Cnantoe and the Delray Beach Community Redevelopment Agency, a Florida. public body corporate and politic created pursuant to Section 163.356 F.S., whose post office address is 20 North Swinton Avenue, Deh-ay Beach, Florida 33444, hereinafter referred to as "Grantee." WITNESSETH That said Grantor, fnr and in consideration of the sum of TFN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantm's successors and assigns forever, the following described land, situate, lying and being in PALM BRACH County, Florida, to wit: SEE ATTACHED EXHIBIT A SUBJECT TO: This conveyance is subject to a Right of Reverter in favor of the Grantor (City) in the event the Grantee (CRA) does not convey the property known as the Old Library Site to the Developer, pursuant to the Agreement for Purchase and Sale by and between the CRA and Devoloper dated Febreary 14, 2008. SUBJECT TO; Zonmg, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat m otherwise common to the subdivision; public utility easement ofrecord; taxes for c mai year and subsequent years. And the Grantor hereby fully wamnts the title to said land a:id will defend the same against Me lawful claims of all persons olaiming by, through or ander said Grantor but against none other. [SIGNATURE CLAUSE FOLLOWS] 4 of 6 IN WMOSS WHEUOF, Grantor has hemu to set Grm =es hands the day and year .fust above writton, Signed, healed and delivered in our presence: �4 (Print or Tape Name) gel 0. -� (Print or urge Nance) STATE OF FLORIDA COUNTY OF BALM BEACH City of Delray Reach, a Florida municipal corporation r By' — Title: QTY ' �. ,'r•. The fomgaing insftument was acknowledged before me this day of bCA 2008 by-,YuA as of the City of Delray Beach, a Florida municipal corporation, oh behalf of the City, who is. personally known to me or has produced a Mmida ddvver's license as identificatlan. NOTAAY PUBLIC 5ofb EXEOM A LEGAL DESCRIPTioN PAR L 3i ar ' Lot Lots 14, 15 and 16, LESS the Bast -10 feet thereof for Road Right of -'Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public' Records ofPalm Beach County, Florida, PGN:12-43-46-16-01-101-0140 .PARC 4 Ci ParParldug Lot : Loi 17, LESS the South 52 feet and the East I0 feet thereof for Road Right -of -Way , Block 101 01 TOWN OFLINMN (now Delray Beach), according; to the Plot thereof as recorded• in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. PCN: 12-43-46-16-01-101-0171 PARCEL 5 (Chamber of Commerce): The South 52 feet of Lot 17 and Lot 18, LESS the East 10 feet thereof for Road Right -of -Way, all of Block 101 of TOWN OF LINT'ON (now Delray Beach), according to the Plat thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Patin Beach County, Florida. PCN, 12-43-X16-01-101-0172 H'MO06M00451S ICI Does - City Pmpmty0&04-16 SWD to CRA.doo 6 of 6 LN , r S.,EREOF, the parties have executed this Agreement as of tine dates indicated below: ATTES`x' y `: ` g : CITY OFEL ACH, FLORID T .. ,. By: e AEST: Secretary Thomas F. Camey Jr., Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By:i How d Lewis, Chair ATTEST: GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC. Secretary _ , President 9. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING CONSENT AGENDA - .A. City Manager's response to pticrr public conumnts and inquiries. B. From the Public, 10. REGULAR AGENDA: A, PROVIDE DIRECTION REgARDING J!ENSION RM MANAGE ONT- Provide direction regarding the management of pension fund plans. t` ,x. B. TRI -PARTY INTERLOCAL AGREEMENT FOR THE RELEASE. OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE TO THE OLD LIBRARY... SITE AND ^ CHAMBER RELOCATI NJ CO—AUSILINITY REDEVELOPMENT AGENCY (C", Consid" approval of the Tri -Party Interlocal Agreement for thy: Release of Right of Reverter Encurnbexiiig. Real Property Relative to tht Old Library ;hitt and Ctmmber Relocation with Convn=4 Redevelopment of .Agency (CRA), 6 C. REVISED LEASE AGREEMENT /GREATER DELRAY BEACH CHAMBER OF -COMM INC. Consider a re-viced Lease Agreement with the Greater ERCE, INC Delray Beach Chamber of Commerce, Inc. L D, FINANCIAL WTIEW BOARD RECOMMENDATIONS- REGARDING DELRAY BEACH 1VIEIV O GARDEN—S-AIMCLPAL CEMETERY. Discuss Financial RLviciv Board. Recnmmetidstions rcgard4ig the operation of Delray Beach Memorial Qwdens A6=icipal Cemewy. ;4 on t, E. PROVIDE DIRECTION REGARDING THE FEDERAL HIGHW BEAUTIECATION PRPIECT-, Pro -vide direction to reject all bids., and proceed with rc-adv"dsing the. proicet for bid; or award die- contract to the secord.lowext bidder. for the Federal Higbway Beautification Project. F. BUILDING INSPECTOR P0SffIQN. Provide authorization to unfreeze a Building Inspector Position in the. Community Improvement Department. G. POLICY -ON N OF PUB IC FAC ILTIES: Consider establishing a policy andprocedure to govexn the honorary naming of public placLs. 11/20/201.2 EXHIBIT "C" CITY ATTORNEY'S OFFICE -j,May5, 2015 a � a 8 c. 1 John C. Kaczmarek 399 W. Camino Gardens Blvd. Suite 300 •�_�� is i Boca Raton, Fl. 33432 Re: Right of Reverter Clause in Agreement for Purchase and Sale between the CRA and Developer dated February 14, 2008 Dear Mr. Kaczmarek, This letter is prepared in response to your correspondence dated March 29, 2015 in which you express an opinion that the City's release of a right of reverter, in the deed conveying portions of the Old Library site to the CRA, may not have been proper. Specifically, you assert that the City failed to provide adequate notice with respect to the City agreement to release its right to a reversionary interest. You also assert that a subsequent transfer of land adjacent to the Old Library site was also improper. Release of the Right ofRewrter in 2012 Background Facts On February 19, 2008, the City adopted Resolution 03-08 which authorized the City to enter into a contract to sell several parcels of land located within the Old City Library site to the CRA pursuant to the terms of a "Triparty Interlocal Agreement for the Conveyance of Real Property Relative to the Old Library Site" (2008 Agreement). The 2008 Agreement was entered into among the City, CRA and Chamber of Commerce and provided for the sale of City land to the CRA and the relocation of the Chamber of Commerce to another site. The City owned parcels were the site of the former Chamber of Commerce. The 2008 Agreement contains the following provision: 3.5.6 The conveyance shall be subject to a right of reverter in favor of the City in the event the CRA does not convey the property known as the Old Library Site to the Developer, pursuant to the Purchase and Sale between the CRA and the Developer. In the event the CRA exercises its right of repurchase as provided for in the Purchase and Sale agreement entered into between the CRA and the Developer, then in that event, the CRA will convey back to the City the Property described in Exhibit "A", subject only to the Permitted Exceptions other than the reverter and right to repurchase. In consideration of the CRA conveying the Property to the City, the City shall pay to the CRA at the time of conveyance the sum of money representing the sum of all monies the CITY received from We of Property to the Developer. City shall evidence the release of the right of reverter upon the closing of the transaction between the CRA and the Developer. The public was notified of this City's intent to sell this property in compliance with the notice requirements as set forth in the City's Code of Ordinances, Section 36.35 "Sale, Exchange, or Lease of Real Property".' in September 2012, the CRA terminated its agreement with the developer. As a result, the CRA never transferred the Old Library Site to the developer as previously contemplated. Under the terms of the 2008 Agreement, the failure of the CRA to convey the land to the developer triggered the City's "Right to a Reverter". Case law interpreting reverter rights provides "...that the operation and effect of a deed depends less on the artificial rules than it does on the application of common sense and sound judgment to the object and purpose of the contract under review' Richardson v. Ido 33 So.2d 641 (Fla. 1948). The legal test to determine whether a reverter is automatic is "...whether the language used provides for automatic reverter when the determining event takes place, or whether under the terms used, the grantor—is immediately clothed with the right to immediately step in and declare a reverter" Id, at 643. Applying this legal standard to the facts of this matter, the City deed only provides a right of reverter and is not automatic. Upon the failure of the CRA to convey to the developer, the City has a right to enforce its reverter interest; title does not automatically revert to the City by operation of law. 1 Section 36.25 SALE, EXCHANGE, OR LEASE OF REAL PROPERTY (A) Sale of real property. whenever, in the opinion of the City Commission, the city holds and possesses real property not needed for City purposes, the Commission may sell the property in a manner, and upon those terms and conditions, as the Commission shall determine. Before any sale can be completed, however, a notice of sale shall be published once a week far at least two weeks in a newspaper of general circulation. The notice shall state the date, hour, and place when the Commission will conduct a public hearing on that sale. The City Commission subsequently held a workshop meeting on October 9, 2012. The Commission discussed the property with respect to the location of the Chamber of Commerce, and gave direction to move forward with relocating the Chamber from that site. At the Regular Commission meeting on November 20, 2012, the Commission voted 5-0 to enter into a Triparty Interlocal Agreement for the Release of Right of Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation ("2012 Agreement'). This agreement provides, among other things, a release of the City's reversionary interest in the previously conveyed Ci"wned parcels on the Old Library Site in exchange for consideration in the amount of $2, 270,870.00 to be pard to the City in installments. The 2012 Agreement was also noticed in accordance with the City requirements for Regular Agenda items. Opinion It is this office's opinion that heightened notice was not required for the 2012 Agreement releasing the reverter for the following reasons. First, the reversionary interest retained by the City as described in the 2008 Agreement did not automatically grant title to the City upon the stated event (failure of sale to the developer). Instead, some action was required in order for the City to be granted title to the property. Specifically, the City had the right to demand that the CRA convey title to the property back to the City in exchange for the City's repayment of the money it received in the initial conveyance. The City decided that it was in the best interest of the City to relocate the Chamber of Commerce, and therefore decided to waive its right of reverter to retake the property. The 2012 Agreement resulted in the release of its reversionary interest. On its face, the City's release of this interest is not a "sale of real property" as contemplated by our Code and therefore does not trigger the heightened notice requirements for such a transaction. Under Section 36.35, heightened notice is required only when "the City holds and possesses read property not needed for City purposes." Here the City neither held nor possessed real property. The CRA held the property in question. Furthermore, the City did not sell this interest. It waived a right to exercise a reverter. Based on the plain language of our code, the release of reverter did not constitute a sale of property. Oust Claim Deed in 2014 As for the second issue raised in your letter, the facts are as follows. In 2014, it was determined that two small strips of property that were originally thought to be previously dedicated as public right-of-way were actually City -owned property. As a result, these portions were not conveyed to the CRA in the 2004 land swap. Under recommendation of the Planning Department, it was decided to convey these strips to the CRA, and the CRA would then include these strips as right-of-way when it applied for plat approval for the entire site. The City provided heightened notice of its intent to transfer these parcels as required by our CodW. However, the published notice was erroneous in some respects because it identified the buyer as °`Palm Beach County" and not the "CRA". The notice was finther erroneous in that it did not contain the specific location of the meeting. It announced only that Resolution 31-14 "will be considered at a public hearing to be held at 7:00 p.m. on July 1, 2014, City of Delray Beach, Florida." It is this office's opinion that the first error, the failure to name the CRA as the transferee, was mitigated by the fact that the published notice contained the resolution number, the caption of which clearly stated that the City was transferring the property to the CRA. As to the location of the meeting, the published notice was sufficient to give notice to Mr. Kammarek's client, Abeleina Properties, as to the location of the meeting since a representative of the company, Hannah George Connell attended the meeting and was given three minutes to speak in opposition to the sale. Furthermore, the City's Local Rules require all meeting of the City Commission to occur at the City Commission Chambers at City Hall. In sum, we do not believe the minor defects in the notice were not sufficiently material to invalidate the transaction. However, to avoid any uncertainty with respect to this issue, the City may wish to consider re-noticing this transaction and conveying the parcel again by Quit Claim deed to remove any doubt. Finally, your assertion that the City's use of resolution to transfer of land is without merit. The land was transferred by Quit Claim Deed and recorded in O.R. Book 26996, page 1421 of the public Records of Palm Beach County, not by resolution. sincerely, OFFICE OF THE CITY ATTORNEY CITY OF�DELRAY BEACH, FLORIDA -- --� By: Noel ?few City Attorney See, Section 36.12 of the City's Code of OTdinances, as amended in 2013. JoHw C. X.ez�EK, P.A. ATTORNEY AT LAW 899 W. C2aW=40 GA MWTS JaOULEVARD STATE 3w SOCA RA'T'ON, MORMA, 88432 TZ7 EPHO-NE: (5131) 368-6609 March 29, 201:5 Honorable Caiy Glickstein Mayor of Delray Beach, Florida 1.00 lV NA' 1' Avenue Delray Beach, Florida 3.3444 FAX: "D 884-8870 Re: Right of Reverter clause contained in an. Agreement for Purchase and Sale betw=n th4 CRA arid Developer dated February 14, 2008. Dear Mawr Glickstein- Please be ad-N-lsod Iain a practicing real estate attorney in Boca Raton, Florida and have been licensed in the Stato of Florida for 42 ) cars. I have been asked to give an opinion in behalf of Abel6na Properties, Inc., a Florida corporation, Ahich owns several properties within the Cite I imits ofDelra) Beach, Florida, regardirig;thc above Right of Reverter. I hay c em-aninec the following: 1. Special Warranty Deed containing the subject "Reverter C'lause'.pursuant to tile Agreement for Purchase and. Sale between the CRA and Developer dated February 1.4, 2008, dated October 9, 2008,. recorded October 21, 2008, in Official Records Book 22916. Page 55, of the Public Records of P.alm.Beach County, Florida.:, and `1'riapart} Interlocal Agreement For The Release of Right Of Reverter EncLunbering Real Propert% Relati% e To The Old Library Site and Chamber Relocation dated March 8. 2013. recorded July 1, 2013, in. Oficial records Book 26155, Page 1373. of the Public Records of Palm Beach County. Florida; and 3. Proposed Amendment to 1 riaparty Interlocal Agreement For The Release of. Right Of Reverter Encumbering Real Property Relative To The Old Library Site and C harnber Relocation; anti 4. Publication of Intent To Transfer Deal Property to "Palm Beach County" first published June 20. 2014 and .lune 27, 2014;.and 5.. Section 163.3225, Florida'Statutes. Kpnorable C"ary Gli&stein 1vIay or of Delray Beach, Florida. March '9 201 Page The Special Warranty Deed has an autonta6Reverter Clause. 'her. that Agreement for Purchase and Sale bet\\=i the CRA and Developer dated Fehruany 14.2008. was terminated on or about September 13. ? 012, the land in question. b3 operation of law, u as then '� ested back to the City of Dolray Beuxh, Florida. Anfurther transfer requires public hearings with due notice, The ne-o ,paper puhlicat on. of the Noticc of Intent To Transfer Property for the July 1; 2014 ptiblie htmririg ti� ny void as iha transfcrcc ti a gong and no address of wbere public hearing. was to he held As a side note. tho atwtnpt to transf r ical property by resolution is illega so Resdlution 31-14 of the C'it� �`o nizlssi nls;napr.ropriate Again, public heat s v\ith due notxce.is requited. I suggest arty .-ttcmlit to u-aftsfer aAi land Nxithia t'ie City of D14ray Beach, Florida b} the City ofDelrav Bewh t'lorida,,eithput.fi,ll,.tN:ink l�ga.1 requirepents will dem. the transfer null and void and of no effiett. JC Kjp C.C.;City AttOrnei City Matlawr Sincerell ;. 4ohn C. Kaczmaxel{, P.A. EXHIBIT "D" ADMINISTRATION the hearing procedures contained in this Section. The City Manager or his designee shall serve as the hearing officer. (B) Hearing Date. Within thirty (30) calendar days from the receipt of the notice of appeal, the City shall schedule a hearing before a hearing officer, at which time the person shall be given the opportunity to demonstrate why the decision of the Purchasing Director should be overturned. (C) Hearing Procedure. The procedure for any hearing required by this Chapter shall be as follows: (1) The City shall cause to be served upon the person, firm, partnership, or corporation, a notice of hearing, stating the time and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the vendor or contractor. (2) The person, firm, partnership, or corpora- tion shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine oppos- ing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called him to testify. (3) In any hearing before the hearing officer, irrelevant, immaterial, or unduly repeti- tious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the con- duct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the State courts. (4) Within thirty (30) calendar days from the hearing, the hearing officer shall com- plete and submit to the City and the person, firm, partnership, or corporation requesting said hearing a final order con- sisting of his findings of fact and conclu- sions of law as to the granting or denial of the appeal. § 36.35 (b) Appeal from the decision of the hearing officer shall be by certiorari to the circuit court in accordance with the Florida Rules of Appellate Procedure. (Ord. No. 69-89, passed 11/14/89) Sec. 36.32. REINSTATEMENT. (A) Grounds. Request for reinstatement shall be made in writing based upon the following: (1) Discovery of new and material evidence not previously available; (2) Dismissal of the indictment or reversal of the conviction; or (3) Bona fide change in ownership or man- agement sufficient to justify a finding of present responsibility. (B) Procedures. The request for reinstatement shall be forwarded by the Director of Purchasing to a hearing officer for a determination on rein- statement. The determination whether to rein- state shall be based on the written submission of evidence, without further hearing. Upon consid- eration of the written submission and any re- sponse from the Director of Purchasing, the hear- ing officer shall make a determination whether or not reinstatement is warranted under the stan- dards set forth above. (Ord. No. 69-89, passed 11/14/89) Secs. 36-33,36.34. RESERVED. SALE, EXCHANGE, OR LEASE OF CITY PROPERTY Sec. 36.35. SALE, EXCHANGE, OR LEASE OF REAL PROPERTY. (A) Sale of Real Property. Whenever, in the opinion of the City Commission, the City holds and possesses any real property not needed for City purposes, the Commission may sell that property in a manner, and upon those terms and conditions, as the Commission shall determine. Before any sale can be completed, however, a notice of sale shall be published once a week for at least two (2) weeks in a newspaper of general CD3:111 § 36.35 DELRAY BEACH CODE circulation. The notice shall State the date, hour, and place when the Commission will conduct a public hearing on that sale. (B) Exchange of Real Property. Whenever, in the opinion of the City Commission, the City holds and possesses any real property not needed for City purposes, and the property may be to the best interest of the City exchanged for other real property, which the City may desire to acquire for municipal purposes, the Commission is autho- rized and empowered to make the exchange. However, before any exchange of property shall be effected, a notice, setting forth the terms and conditions of any exchange of property, shall be first published once a week for at least two (2) weeks in a newspaper of general circulation pub- lished in the City before adoption by the Commis- sion of a resolution authorizing the exchange of properties. (C) Lease of Real Property. Prior to the City leasing any real property owned by the City, except leasing to another governmental agency or an entity established under F.S. Section 163.01, public notice shall be given, which notice shall state the terms of the proposed lease, the date, hour, and place where the Commission shall con- sider any objections to the proposed lease, and shall also consider any further competitive bids for real property being leased. (Code 1980, § 2-7(a), (b), (d); Laws of F1.1949, Ch. 25786, § 7(2); Sp. Acts 1959, Ch. 59-1222, § 1; Am. Ord. No. 47-75, passed 11124/75; Am. Ord. No. 48-75, passed 11124(75; Am. Ord. No. 40-80, passed 8112/80) Sec. 36.36. SALE OR LEASE OF PERSONAL PROPERTY. (A) Sale of Personal Property. Any personal property sold, shall be sold only after the terms of the proposed sale have been advertised in a newspaper published within the City once a week for at least two (2) weeks. (B) Lease of Personal Property. Before any per- sonal property owned by or belonging to the City shall be leased by the City, an emergency shall have been declared by the Commission whereby the leasing of any personal property shall be found justified and of benefit to the City; then any personal property may be leased upon those terms and provisions as may be made by the Commis- sion. (Code 1980, § 2-7(c),(e); Laws of Fl. 1949, Ch. 25786, § 7(2); Sp. Acts 1959, Ch. 59-1222, § 1; Am. Ord. No. 47-75, passed 11124175; Am. Ord. No. 48-75, passed 11124175; Am. Ord. No. 40-80, passed 8112/80) CHAPTER 37. DELRAY BEACH CODE ENFORCEMENT GENERAL PROVISIONS Sec. 37.01. INTENT. It is the intent of this Chapter to promote, protect, and improve the health, safety, and wel- fare of the citizens of the City by authorizing the creation of the Code Enforcement Board with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing the codes and ordinances in force in the City where a pending or repeated violation con- tinues to exist, including, but not limited to those codes listed in Section 37.02. (F.S. § 162.02; Code 1980, § 2-101; Ord. No. 78-79, passed 12/10179; Am. Ord. No. 48-86, passed 7/8/ 86) Sec. 37.02. ENFORCEMENT OF CERTAIN CODES AUTHORIZED. The Code Enforcement Board shall, as de- scribed in Section 37.01 above, have concurrent jurisdiction to hear and decide cases involving alleged violations which are not criminal in na- ture where a pending or repeated violation of the City codes as they now exist or as they may be amended by ordinance from time to time has been committed. (Code 1980, § 2-102; Ord. No. 78-79, passed 121 10179; Am. Ord. No. 44-84, passed 6/26/84; Am. Ord. No. 29-86, passed 5/27/86; Am. Ord. No. 12-88, passed 3/8188; Am. Ord. No. 110-88, passed 9/27/88; Am. Ord. No. 128-88, passed 10125/88; Am. Ord. No. 81-89, passed 1215/89) CD3:112 EXHIBIT "E" Delray Beach COMMUNITY REDEVELOPMENT PLAN Economic Development 0 Business incentives c Street Beautification o Historic 'reservation -) Neighborhood Improverrients � Cultural Arts Downtown Sus- ainability > Affordable Housing Adopted by City Ordinance 27-11, September 20, 2011 • Other sources of funding include Palm Beach County, as well as public and private grants. Project Schedule e The project began in FY 200312004. Final completion of the construction for the Martin Luther King Jr. Drive streetscape beautification project is scheduled for November 15, 2011. • The design for the SW 2" d Street beautification (between Swinton Avenue and SW 15th Avenue) is ongoing. • A reclaimed water main construction project was approved, to happen concurrently with the MLK Drive Beautification project. Construction is underway and scheduled for completion by the fall of 2011. #2.12: Redevelopment of Old Library Site Background In July of 2003 the City, CRA, and Delray Beach Public Library Association, Inc. entered into a Tripartite and Interlocal Agreement providing for the relocation of the public library from SE 4th Avenue to CRA -owned property on the south side of West Atlantic Avenue, between SW 1st and SW 2nd Avenues. The Agreement and subsequent amendments allowed for the exchange of the CRA -owned site with the City -owned library property. The intent was for the CRA to issue a Request for Proposals (RFP) for the redevelopment of the old library property, as well as the adjacent City parking lot and the Chamber of Commerce property (also owned by the City). The Interlocal Agreement stated that at the time the properties were sold to a developer, the CRA was entitled to receive the first $1.7 million of the sale proceeds. This amount was equivalent to the appraised value of the West Atlantic property the CRA had provided for the new library. The City would receive the remaining proceeds from the sale. The library relocated into a new building on the West Atlantic site and the CRA issued an RFP for the CRA and City -owned properties, which collectively became known as "The Old Library Site." Two proposals were submitted and the CRA selected Coastal Properties (later to become Old Library Development LLC) as the developer of the site. There were several issues that had to be negotiated, including relocation of the Chamber of Commerce and replacement of public parking that is currently on the site. On September 20, 2007, the CRA board voted to approve a $315,450 contribution to the City to relocate the Chamber of Commerce into the commercial space on the ground floor of the newly constructed parking garage adjacent to Old School Square. An agreement between the City, the developers, the CRA, and the Chamber of Commerce regarding the details of the Chamber relocation and replacement of the public parking spaces, known as the Chamber Relocation and Public Parking Space Agreement, was approved by the Board at the CRA meeting of February 14, 2008. At that same meeting the board also approved the Purchase and Sale Agreement between the CRA and Old Library Development LLC. As a condition preceding the closing on the property, a separate agreement must be prepared that will include details regarding the long term maintenance and management of the replacement parking spaces. On October 9, 2008 the City transferred ownership of the parking spaces and Chamber of Commerce site to the CRA, and shortly afterwards assigned the City's lease with the Chamber to the CRA. Project Objectives Eliminate slum and blighted conditions by replacing the obsolete library building with a new, modern development project. Ensure the continued availability of public parking in this block. Increase the number and types of hotel rooms available in the downtown core. • Encourage the development of new office space to create job opportunities in the CBD. • Provide economic stimulation and investment in the CRA district. Improve marketability of, and demand for, downtown retail shops. Increase and sustain downtown nightlife. Proiect Description The development site is slightly more than 1.5 acres in size and located approximately 170 feet south of E. Atlantic Avenue. It is bordered by SE 4th Avenue to the west and SE 5th Avenue to the east. • The selected development proposal includes a combination of hotel, office, restaurant and retail uses, as well as public plaza areas. • A combination of private and public parking will be provided in an attached structure at the center of the development. • Sections of the north/south and eastlwest alleys within the block will be abandoned to accommodate the redevelopment. Pro'ect Participants and Administration Project is primarily administered by the CRA. Other participants include the City, the Chamber of Commerce, and the development team. Funding Sources • The Development Team is funding the majority of the costs associated with the relocation and build -out of the new Chamber of Commerce offices on the ground floor retail space in the Old School Square garage. • Per the Chamber Relocation Agreement the CRA is responsible for paying the City $314,250 to supplement the costs associated with the relocation. The Development Team is funding the costs to design and build the project. The Development Team may request additional CRA funds by applying for any of the existing grant and incentive programs for which the project qualifies. Project Schedule • The RFP was issued and the developer was selected in 2006. • The Purchase and Sale Agreement was executed in 2008. 0. Closing and start of construction is scheduled for 2012. 81 C. GROUP 3: COMMUNITY IMPROVEMENT PROGRAMS # 3.1: Curb Appeal Residential Improvement Program Backaround The Curb Appeal Residential Improvement Program was created in 2007 in order to address a need for property improvements in residential areas within the CRA District. The program helps eliminate slum and blighted conditions by providing financial assistance for exterior improvements to property owners in the Northwest and Southwest neighborhoods. Minor improvements, such as fresh paint, landscaping, and driveway repairs, have the potential to dramatically impact the visual appearance of single-family units and their surrounding areas in a positive manner. Program Objectives • Enhance the physical appearance of residential structures within the CRA District. • Eliminate and prevent the spread of slum and blighted conditions. • Increase property values in residential neighborhoods within the CRA District. Stimulate private investment in residential areas within the CRA District. Stabilize residential areas within the CRA District by encouraging owner -occupancy and long-term tenancy. Program Description Expenses for minor exterior improvements are eligible under the Program, as determined by the CRA board. The program will be available in the Northwest and Southwest Neighborhoods of the CRA District; specific priority areas within these neighborhoods may be designated by the CRA board. Owner -occupied and tenant -occupied single-family units that meet established requirements will be eligible to receive assistance through the program. The CRA Board will maintain policy guidelines regarding award limits, income eligibility, eligible improvements, and designated priority areas. Program Participants and Administration The CRA and City will collaborate to market the program in the CRA District and any designated priority areas. The program will be fully administered by the Community Improvement Department within the City of Delray Beach. The CRA Board will approve final grant applications and funding amounts for each grant awarded. Other participants include contractors, property owners and the City of Delray Beach. 82 EXHIBIT "F" CBAM BER OF COMMERCE RELOCATION AND PUBLIC PS C This Chamber ofCommerce Relocation and Public Parking Space Agm=cntC Amt') is made and entered into by and between the City of Delray Beach, Florida, a Florida Municipal Corporation C'City), the Delray Beach Community Redevelopment Agency, a Florida Public Body Corporate and Politic pursuant to Section 163.356 F.S. ("CRA' ; Old library Development, LLC, g Florida Limited Liability Company ("Purchaser"), and the Greater Delray Beach Chamber of Commerce, Inc., a Florida not-for-profit corporation ("Chambeel. WHEREAS, CRA and Purchaser, simultaneously with theexecution ofthis Agreement, have entered into a Purchase and Sale Agreement (hereinafter referred to as the "Purchase Agreemenf7) for the purchase and subsequent development of the area known as the City of Delray Beach Old Library Site ("Old Library Site"}; and WHEREAS, the City is a third party beneficiary of the Purchase Agreement; and WMtEAS, pursuant to the terms and conditions ofthe Purchase Amt, upon closing under the Purchase Agreement (the "Closing'.', Purchaser is obligated to relocate the Chamber from its existing location within the Old Library Site to either it location within the new development or to an alternative location which is mutually acceptable to the Purchaser, City, CRA, and Chamber; and WHEREAS, the Purchase Agreement allows for an election as to the relocation of the Chamber ofCon=erce. By executing the Purchase Agreement, Purchaserhereby irrevocably elects to relocate the Chamber not within the new development, but within the Old School Square Parking Garage located at the Southwest corner of Pineapple Grove Way and N. E. 1" Street, Delray Beach, Florida (the "OSS Garage"), hereinafter referred to as the "Relocation Premises", and the Chamber has consented to its relocation to the Relocation Premises; and WHEREAS, this Agreement sets forththe terms, conditions, and obligations ofthe Purchaser to relocate the Chamber to the OSS Garage; and WHEREAS, Purchaser has agreed'to enter into a Parking Facility Easement Agreement CTFEA'); and WHEREAS, the City and CRA will enter into an Interlocal Agreement which provides for the Cityto sell to the CRA certain lard owned by the City -within the Old Library Site (the "interlocal Agreement:), NOW THEREFORE, in consideration ofthe mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: Page 1 of 13 1. The recitals and elections set forth above are hereby incorporated as if fully set forth herein. 2. To the extent they are not inconsistent with the terms and conditions stated in this Agreement, the parties hereto incorporate by reference herein the definitions contained in the Purchase Agreement. In the event there is any conflict between the terms and conditions in this Agreement and the Purchase Agreement with respect to the relocation of the Chamber, the construction ofthe Interior Build Out, the Parking Facility Easement Agreement, and the Purchaser's obligation to provide the City with the public parking spaces as described herein, the terms and conditions of this Agreement shall control, 3. The Relocation Premises consist of Unit 2 of the Old School Square Garage Condominium, as shown in the attached Exhibit "A" which is trade apart hereof Forthe purposes of this Agreement, the RelocationPremises consist ofapproximately six thousand tbiree hundred nine (6,309) gross square feet The City and Chamber hereby consent to the relocation of the Chamber to the Relocation Premises, Notwithstanding anything to the contrary contained herein, if Unit 1 of the Old School Square Garage Condominium is available for the relocation of the Chamber, the Chamber, at its option, may elect to relocate to Unit 1 and upon such election, Unit 1 shall be substituted as the "Relocation Premises" under this Apvement. The Chamber may exercise its option by delivering written notice of such election to CRA, City, and the Purchaser not less than sixty (60) days prior to the closing of the Purchase and Sale Agreement. 4. The City (or other entity or a contractor on its behalf) shall complete shell construction of the Relocation Premises in conjunction with the completion of the OSS Garage to a "rough shell finish" to include storefront, exterior doors and frames, ftre sprinkler system, andmain connections for plumbing, electrical and mechanical systems and a fire rated demising wall which shall separate the Relocation Premiss from the adjacent retail space and shall otherwise be completed in accordance with the City approved Plans and Specifications dated March 8, 2006, Project No. 2004-044 by PGAL. The ir}terior shall be otherwise unfinished consisting of a dirt floor and exposed concrete T beam. For the purpose of this Agreement, it is agreed that the City's cost of construction of the Relocation Premises is Ninety Dollars ($90.00) per square foot or Five Hundred Sixty -Seven Thousand Eight Hundred Ten Dollars ($567,810.00). The City shall be reimbursed this sum by Purchaser at Closing, in the fops of a local cashier's check or wire transfer. 5. Purchaser shall cause a Florida licensed general contractor (' Contractoe), at the sole cost and expense of Purchaser, up to the amount of the Interior Build -Out Allowance as defined below, to construct the interior build -out of the new offices for the Chamber at the Relocation Premises ("Interior Build-Out'l in accordance with the plans and specifications of the Chamber as approved, in writing, by Purchaser, which approval shall not be unreasonably withheld, conditioned or delayed. Purchaser's architect shall prepare the Chamber's plans and specifications at Purchaser's sole cost and expense which shall be allocated from the Build -Out Allowance. The Contractor's fee shalt be approved by the Chamber but allocated from the Build -Out Allowance. The plans and specifications shall be approved by the City, which approval shall not be unreasonably withheld, Page 2 of 13 conditioned or delayed . The Chamber shall have =Interior Build -Out allowance from the Purchaser of Seventy -Five Dollars (1+75.00) per square foot or atotal of Four Hundred Seventy -Three Thousand One Hundred Seventy -Five Dollars ($473,175.00) ("Build -Out Allowance"). Any excess costs of the Interior Build -Out shall be paid by the Chamber. a. The Contractor shall be subject to the City's and Chamber's approval, which shall not be unreasonably withheld, conditioned or delayed. The Contractor small construct the Interior Build -Out pursuant to the terms of a construction contract ("Construction Contract"). The form and content of the Construction Contract shall be in standard industry form (AIA or similar) for the same or similar construction kind and commercially reasonable, consistent with industry standards and shall be subject to the City's and Chamber's approval which shall not be unreasonably withheld conditioned or delayed. At minimum., the Construction Contract shall contain the following material terms: 1. Contractor's warranty of its labor, material and services required to effectuate the Interior Build -Out pursuant to the Chamber's plans and specifications ("Work"} shall inure to the benefit of and be assigned to the Chamber who shall be an express third party beneficiary of the Contractor's warranty. The Chamber agrees that the City shall not be Gable to the Chamber in connection with the Interior Build -Out or any post -completion claim by Chamber relating to the Contractor's Work. 2, Contractor shall bear the risk of loss in the event any Work must be redone as a result of inclement weather. 3. All materials shall be new and delivered to the job site by the Contractor. All Work shall be done in anon -negligent and good and workmanlike manner. The Contractor shall adhere to any manufacturer's instructions for use of the materials and for all methods of application, and shall comply with all applicable governmental rales, codes and laws. 4. The Contractor shall within the scope of Contractor's warranty obligations and within a reasonable time from receipt of written notice (subject to force majeure) correct an Work, including services, labor, and materials, which is defective or which fails to conform to the Construction Contract whether observed before or after completion of the Work and whethtor or not fabricated, installed or completed by Contractor. The Contractor shall bear all costs of correcting such defective Work. If the Contractor fails to correct defective Work or consistently fails to carry out the Work in accordance with the Construction Contract, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. S. The Contractor shall supervise and direct the Work, using commercially reasonable efforts. The Contractor shall be solely responsible for all Page 3 of 13 means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Construction Contract. b. The Contractor shall be responsible to the City for the acts and omissions of its employees, sub -contractors, and their agents and employees, and other persons performing any of the Work under the Construction Contract 7. The Contractor shall provide as part of the contract price all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work. To the extent available, City shall provide water, electric and utilities during construction. 8. The Contractor shall wan -ant to the City and the Chamber that all materials and equipment furnished will be new and will be of good quality, frce from fault and defects and in conformance with the Chamber's plans and specifications of the Interior Build -Out. All Work not` conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the City, the C6ntractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9. , The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof 10. The Contractor shall secure and pay, all governmental permits, fees, licenses, and inspections necessary for the proper execution and completion of the Work. 11. ne Contractor shall give all required notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work, including without limitation, F. S. 255.05. 12. The Contractor shall at all times keep the Relocation Premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, it shall remove all its waste materials and rubbish from and about the Relocation Premises as well as all its tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up after completion of the Work, the City, after five (5) days written notice to Contractor and Purchaser, may do so and the cost thereof shall be charged to Purchaser. City will permit the placement of a durnpster within, the immd diate vicinity of the Relocation Premises for the removal of trash and debris during construction. 13. To the fullest extent permitted by law, and for additional Page 4 of 13 consideration of One Hundred Dollars ($100.00), the Contractor shall indemnify and hold harmless the City and its agents, employees, commissioners, and representatives ftom and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, including damage, loss or injury to person and property which is caused in whole or in part by any negligence or intentional act or omission of the Contractor, any sub -contractor, anyone directly or indirectly employed or retained by any of them or any one for whose acts any of them may be liable. 14. The Contractor shall be required to procure insurance for its employees, vehicles and equipment with respect to liability and workers' compensation coverage (as required by the State of Florida); commercial general liability insurance, which must be at least Three Million Dollars ($3,000,000.00) per occurrence, combined single limits; and auto liability insurance, which must be at least Five Hundred, Thousand Dollars ($500,000.00) per occurrence, combined single limits. Contractor shall provide property damage insurance up to the replacement cost of materials and name the City and Chamber as loss payees as their interests may appear. Contractor shall furnish certificates of insurance for all required insurances that must be current and correct, and delivered to the City and Purchaser before any Wbrk is performed. . 15. Contractor may subcontract any duties or obligations under the Construction Contract provided such duties or obligations are subcontracted with a duly licensed subcontractor. 16. The Contractor shall achieve substantial completion of the Work not later than one hundred twenty (120) days after the date of commencement of the Work. The Work shall commence within forty-five (45) days after the Closing. 17. Contractor shall assign, when assignable, all sub -contractor and manufacturerwarranties to Chamber, Contractor shall warrant and guaranteethatthe Work shall be free from defects in materials or workmanship for a period of one (1) year fimn the date of completion of the Work. During the applicable one (1) year warranty period, in the event any of the Work is defective (and the defective nature of the Work is not caused, in whole or in part, by any act or omission of the Chamber or its employees, agents or -invitees), the Contractor shall repair or replace the defective Work at Contractor's cost, within fifteen (15) days of the Contractor's receipt of written notice by the Chamber to the Contractor of the defect, unless the defect is of such a nature as to require the Contractor to correct the defect immediately, in which event, corrections shall be made immediately. The Contractor's one (1) year warranty shall be assigned to the Chamber upon the completion of the Work. The Contractor shall disclaim any other warranty of whatsoever kind, type, nature, description or chacterization whether express or implied. Page 5 of 13 18. Contractorshall obtain, at the sole cost and expense of the Purchaser, a payment and performance bond in at least the amount of Four Hundred Seventy Three Thousand One Hundred Seventy -Five and no/100ths Dollars ($473,175.00)before commencing any Work under the Construction Contract. The bond shall be executed by a surety insurer authorized to do business in the State of Florida and reasonably satisfactory in form and content to the City's counsel, and shall be conditioned that the Contractor shall timely and properly perform all labor, materials, and services under the Construction Contract and: promptly maldng payments to all persons defined in F. S. §713.01 who furnish labor, services or materials for the prosecution of the Work. The City shall be named as an additional obligee. The Contractor shall provide the original payment and performance bond to City not less than ten (10) days prior to commencing any Work by Contractor. The payment and performance bond shall provide that if the Contractor defaults or fails to complete the obligations under the Construction Contract, the surety can complete the Work or shall pay to the City damages up to the limit of such band. 19. Within five (5) days afterthe date of the execution of the Construction Contract, and receipt of applicable plants and specifications approved as provided herein, the Contractor shall apply for the issuance of all neceslary building permits and shall use due diligence in obtaining same. b. Purchaser hereby unconditionally and irrevocably guarantees to City, its respective successors, and assigns, the timely performance of all obligations of Contractor under the Construction Contract. If any of such obligations ofContractor are not complied with, in any respect whatsoever, and without the necessity of any notice from City to Purchaser, Purchaser agrees to (i) assume all responsibility for the timely completion of the construction of the Interior Build -Out at Purchaser's sole cost and expense; and (ii) pay all bills in connection with the Interior Build -Out construction. Purchaser shall indemnify and hold City harmless from any and ail loss, cost, liability or expense that City may suffer by reason of any Contractor's non-compliance. Purchaser's guaranty is an absolute, irrevocable and unconditional guaranty of payment, and performance. Purchaser shall be liable for the payment and performance of the Contractor as a primary obligor. This guaranty shall be effective as a waiver of, and Purchaser hereby expressly waives, any and all rights to which Purchaser may otherwise have beenentitied tinder any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require City to take prior recourse or proceedings against the Contractor. Notwithstanding anything to the contrary contained in this sub paragraph (5)(b), the liability of Purchaser under the foregoing guaranty shall not exceedthe sum ofFourHundmd Seventy -Three Thousand One Hundred Seventy - Five and noi100ths Dollars ($473,175.00). 5. At Closing, Purchaser shall pay to the Chamber an amount equal to all of the reasonable and actual moving costs and expenses associated with the relocation of the Chamber offices to the Relocation Premises. Payment shall be made in the form of loc44 cashier's check or wire transfer. In the event the exact amount of such expenses is not known as of the Closing date, the amount shall be based upon written estimates the Chamber has received as of the date of Closing, Page 6 of 13 and the estimated amount shall be paid to the Chamber. Atter the Chamber has relocated to the Relocation Premises, if the actual amount of such expenses is different from the estimted amount, the Chamber or Purchaser may make written demand upon the other for reimbursement or additional payment, as the case may be, and such reimbursement or additional payment shall be made within fifteen (15) days after written demand therefor. In no event shall Purchaser be responsible to pay in excess of Seven Thousand Five Hundred Dollars ($7,500.00) for the forgoing costs and expenses. 7. In connection with the relocation of the Chamber to the Relocation Premises and in cousideration of the Chamber accepting approximately 6,309 gross square feet in the Relocation Premises, in addition to all other sums to be paid by Purchaser hereunder, Purchaser shall also pay to the Chamber at Closing the sum of Seven Thousand Five Hundred Dollars ($7,500.00) in the form of a local cashier's check or wire transfer. 8. At the time the City conveys its land to the CRA pursuant to the terms of the Interlocal Agreement, the City small assign to the CRA and the CRA shall assume the Lease ("Chamber Lease") between the City and the Chamber. The CRA shall assign the Lease to the Purchaser and the Purchaser shall assume the Lease, as landlord, upon the conveyance of the City land by the CRA to the Purchaser, and the Purchaser shall be the landlord under the Lem until the Chamber is relocated to the Relocation Premises. The Lease shall remain in effect without modification aider it is assigned and assumed by the CRA and the Purchaser, respectively, until the Chamber relocates to the Relocation Premises. Upon relocation by the Chamber to the Relocation Premises, the Purchaser shall assign the I.ease to the City and the City shall re -assume the Lease. Upon relocation by the Chamber to the Relocation Premises, the Chamber Lease shall continue for the remainder of its term, however, the leased premises shall he located at the Relocation Premises. The Chamber Lease shall be amended to reflect that the Relocation Premises has been substituted for the current Chamber offices adjacent to the Old Library Site, and such other changes that are mutually acceptable to the City and. the Chamber which shall be set forth in a document entitled "Lease Modification Agreement". The Lease Modification Agreement must be signed prior to Closing and as a condition to Purchaser's obligation hereunder and must contain a provision indicating that the Chamber (and any occupant holding an interest under the Chamber) relinquishes its leasehold interest to the Old Library Site property, and that the Chamber shall move from the Old Library Site property to the Relocation Premises within Fifteen (I5) days after the Certificate of Occupancy for the Interior Build -Out The Chamber shall also be required to remove any;subtmmnt or other occupant from the premises at the Old Library Site Property prior to the relocation to the Relocation Premises. In the event the CRA exercises it right to repurchase under the Purchase and Sale Agreement, the Purchaser shall re -assign the Lease to the CRA at the same time the Purchaser reconveys the Old Library Site Property to the CRA. 9. In connection with the relocation of the Chamber to the Relocation Premises, the CRA shall pay to the City, at Closing, the difference between the cost of the Relocation Premises to paid by Purchaser (Ninety Dollars ($94.00) per square foot ), plus the agreed value of Purchaser's cost of the Interior Build -Out ofthe Relocation Premises(Seventy-Five Dollars ($75.00) per square foot), and the fair market value of the Relocation Premises of Two Hundred Fifteen Dollars Page 7 of 13 ($215.00) per square foot) (as was determined by the Appraisal of Anderson and Carr, Inc. dated July 18, 2008), This difference amount is hereinafter referred to as the "CRA Consideration". The CRA Consideration is' Fifty Dollars ($50.00) per square foot (Two Hundred Fifteen Dollars ($215.00) minus One Hundred Sixty -.Five Dollars ($165.00) for a total payment by the CRA to the City of Three Hundred Fifteen Thousand Four Hundred Fifty Dollars ($315,450.00) (Six 'Thousand Three Hundred Nine (6,309) square feet times Fifty Dollars ($50.00) per square foot), which payment was approved by the CRA. on September 20, 2008. 10. The number of public parking spaces under the RFP Submittal for the Old Library Site was N'mety (90). However, Purchaser shall provide Seventy (70) public parking spaces in light of the relocation ofthe Chamber from the Project to the OSS Garage. Purchaser shall pay to the City, at Closing, an amount to compensate the City for the twenty (20) public parking spaces at the rate of Fifteen Thousand Six Hundred Dollars ($15,600.00) per space for a total of Three Hundred Twelve Thousand Dollars ($312,000.00) for the twenty (20) public parking spaces which shall be paid in the form of a local cashier's check or wire transfer. 11. LETTER OF CREDIT: At or prior to Closing, the Purchaser shall deliver to the City the following irrevocable standby letter of credit: (a) An irrevocable standby letter of credit in the amount of one million nine hundred sixty thousand and noll00ths ($1,960,000.00) payable to the City in the event Purctw= fails to timely complete the Parking Facility which includes the seventy (70) public parking spaces ;orated therein pursuant to the PFEA. The form and content of the irrevocable standby letter of credit shall be reasonably satisfactory to the City's counsel and shall be issued by an FDIC insured local commercial bank. 12. PARKWO FACILITY EA$�E T AGREEMENT. The City and the Purchaser shall negotiate in good faith using commercially reasonable efforts, and then, no later than thirty (30) days after Site Plan Approval, enter into a parking facility easement j greement ("PFEA'"), which shall provide, inter alis, for: (a) the operation and management of the Parking Facility by the Purchaser or its affiliate and which contains commercially reasonable terms and provisions and which shall address, among other things, the use and maintenance of those parking spaces made available to the public; (b) that the cost of maintaining, operating and providing securitywith respect to the Parking Facility shalt be shared by the City, (or CRA) and Purchaser pro -rata based upon the proportion that the number of parking spaces made available to the public bears to the total number of parking spaces in the Parking Facility; and (c) the creation ofan easement in favor of the City for the seventy (70) parking spaces made available to the public and for ingress and egress to the public parking spaces. 13. The following conditions precedent, among others which are described in this Agreement or the Purchase Agreement, shall be satisfied before CRA is obligated to close the Purchase Agreement: Page 8 of 13 a. The plans and specifications for the Interior Build -Out shall be approved by the Chamber and City, which approval shall not be unreasonably withheld, conditioned or delayed; b. The Contractor shall be approved by the Chamber, which approval shall not be unreasonably withheld, conditioned or delayed; C. The Construction Contract shall be approved by the Chamber, which approval shall not be unreasonably withheld, conditioned or delayed; d. All applicable building permits shall, be issued for the Interior Build -Out; e. The payment and performance bond and certificates of insurance required by the Construction Contract shall be issued and delivered to the City; f. The irrevocable stand by letter of credit for the seventy (70) public parking spaces shall be issued and delivered to the City; and g. The PFEA has been executed by City and Purchaser. 14. During construction of the Pmjectby Purchaser, until the Chamber has been relocated to the Relocation Premises after the Interior Build -Out has been completed by Purchaser, the Purchaser shall screen and protect the existing Chamber leased premises and panting area at the Old Library Site so that the Chamber may continue to operate its business without unreasonable interference from the Purchaser's Project construction activities. 15. NO MERGER- All warranties, representations, covenants, terms and conditions herein contained which are intended to survive the Closing, shall not merge with the Deeds. 16. Nom. Except as otherwise provided herein, all written notices shall be effective upon the actual receipt or first refusal of the addressee to accept delivery after having been sent by reputable overnight delivery service or by certified mail, postage prepaid, return receipt requested, to the following addressees: SELLER; Delray Beach Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, Florida 33444 Attn: Diane Colonna, Executive Director With Copy to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 Fast Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Fax: (954) 771-4923 Page 9 of 13 PURCHASER Old Library Development LLC c/o Coastal Design & Development Group Attn: Louis 7. Carbone 90 S. E. 4'h Avenue, Suits 1 Delray Beach, Florida 33483 Telephone: (561) 272-3419 Fax: (561) 272-6013 With a Capy to: Michael I. Kotler, Esquire Schwartz, Gold, Cohen, Zakarin and Kotler, P.A. 54 SW Boca Raton Boulevard Boca Raton, Florida 33432 Telephone: (561) 361-9600 Fax: (561) 361-9770 Richard H. CriWifeld, Esquire 1001 East Athurtie Avenue, Suite 201 Delray Beach, Florida 33483 (561) 379-0322 (561) 379-0334 ESCROW AGENT: GOREN, CHEROF, DOODY &. EZROL, P.A. 3099 East Com Boulevard, Suite 200 Fort Ydale, Florida 33308 Telephone: (954) 771.4500 Fax. (954) 771-4923 CITY: Susan Ruby, N. City Attorney City of Delray Beach 200 N. W. 1 g Avenue Defray Beach, Florida 33444 With a Copy to: Steven D. Rubin, Esq. 980 North Federal Highway, Suite 434 Boca Raton, Florida 33432 Telephone: (561) 391-7992 Fax: (561) 347-0828 CHAMBER, Mr. Bill Wood Greater Delray Beach Chamber of Commerce, Inc. 64 & E. Fifth Avenue Delray Beach, Florida 33483 Page 10 of 13 4 +MMI 17. GOVERNING LA3M. This Agreement shall be governed by the laws of the State of 18. NO QBAL gMGE.'Phis Agreement may not be changed or amended orally. 19. SUCCESSORS/NO ASThis Agreement shall bind and inure to the administrators, executors, successors and assigns of the parties hereto, respectively. Purchaser shall not assign this Ag=ment. 20. CO • This Agreement maybe executed intwo or more counteparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signarires hereon shall be considered for all purposes as originals 21. GOOTION: City and CRA, shall reasonably cooperate with purchaser and its agents and professional advisors in connection with the processing of applications and required permits, and shall sign any application reasonably made by Purchaser that is required in order to obtain such permits and approvals. and shall provide Purchaser with any information and/or documentation not otherwise reasonably available to Purchaser (if available to City and CRA and provision is not prohibited by law) which is necessary to procure such permits and approvals. Any such accommodation by City or CRA shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's or CRA's respective rights to exercise their discretion in connection with its governmental or quasi -governmental functions. 22. CRMDEFAULT. Inaddition to Purchaser's obligation to perform this Agreement, a material breach by Purchaser of the Purchase Agreement not cured within any applicable grace or cure period and not occasioned by the failure of the CRA to fully perform, abide by and comply with each of the stipulations, agreements, conditions and covenants contained and set forth in the Purchase Agreement, shall also constitute a material breach by Purchaser of this Agreement. 23. City hereby warrants to Purchaser, for a period of time commencing with the Purchaser's commencementofconstructionoftheInterior Build -Out and expiringonthelaterofone (1) year after the Interior Build -Out construction has been completed or sixteen (16) months after the Closing of the Purchase and Sale Agreement between CRA and Purchaser, that the Relocation Premises are watertight and structurally sound and are constructed in accordance with the plans and specifications prepared by PGAL, under ,lob Number 2004-044, dated March 8, 2006, and in accordance wtih all applicable building codes and laws. 24. CITY GOVERNMENTAL FUNCfFONS. Notwithstanding anything to the contrary contained in this Agreement: a. Even though the City has certain contractual obligations under this Agreement, such o�ligations shall not relieve any person subject to this Agreement from complying with all applicable governmental regulations, rules, laws, and ordinances; Page 11 of 13 b. To the extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and by entering into this Agreement, the City does not waive any of its governmental or quasi -governmental functions or police powers; C. The City has not waived its sovereign immunity; and d. Any action by City shall be without prejudice to, and shall not constitute a limit on, impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with the exercise of its governmental or quasi - governmental functions. Ili' WiINESS WHEREOF, the parties have executed this Ag reement as of the dates indicated below: WMESS¢ Witness Witness 01 I Date: a.i 2008 CRA: DELRAY BEACH CON04UNITY REDEVELOPMENT AGENCY By: •Y Title: Date: , 2008 d as to form and '*ajsjj ' lency: Page 2 of By, tty Attorney CITY Cl ELRAY BEACH 1*0 • Rita F-11&,—Mayor Date:%.%204$ 13 pip 1 1 CHAMBER GREATER DELRAY BEACH CHAMBER OF Whom COMMERCE, INC.. Witness By: T Date: 2008 Page 13 of 13 OLD SCHOOL SQUARE GARAGE CONDOMINIUM ! ` umrr3 OF uNrrrs N NORTH 4(r 1S 1q' IP 0 ilr w GROW= SCALE IN FEET --- Hear • Wwaaild Aamb3 lily. Engineers ._. Surve and 3108E,1vt3WA&Ne4 @mda eda.M u�' ■ 81112amm-I+Isr W1204M.Rnr 0111TANCES SHOWN HEREON WERE DERIVED FROM TECTIM PLAINS PREPARED BY PGAAL ARCHITECTURE LENDER PGAL PROJECT NO. 7134MO14AX% DATE OF ISSUE 41121106. THESE INSTANCES WERE FIELD VERIFIED 1 OMSI07 UNDER W.O. 16NKI10 AND SAID DISTANCES WERE FOUND TO BE WITHIN 0.2t' OF THE DWSWONING SHOWN! KEREON INDICATES SERVICE CORRIDOR EASWENTAREA INDICATES LOCATION OF THE ELEVATION AT THE BOTTOM OF THE UMUCiURAL BEAM VM WN THE MT. SEE VERTICAL ; BOUNDARY SHEETS OF 10 s --- Hear • Wwaaild Aamb3 lily. Engineers ._. Surve and 3108E,1vt3WA&Ne4 @mda eda.M u�' ■ 81112amm-I+Isr W1204M.Rnr N '1 CITY DF DELRAY REACH CITY ATTORNEY'S OFFICE 'FELE HONE`5611 �' z't_'� R Pao IMILE Y BEACH. FLORIDA �61� 8 4755.. DELMY 8WH 0 L 0 I D A February 22, 2008 All Am®rlaChy F Louis Carbone, Esq. 1493 11 S Swinton Ave 2001 Delray Beach, FL 33444-3653 Diane Colonna, Director Community Redevelopment Agency 20 North Swinton Avenue Delray Beach, FL 33444 Bill Wood, Chairman Delray Beach Chamber of Commerce 64 S.E. 5th Avenue Delray Beach, FL 33483 WRITER'S DIRECT LINE: 5611243-7091 DECEIVED FEB 7 12008 CITY CLERK Subject: Chamber of Commerce Relocation and Public Parking Space Agreement Dear Mr. Carbone, Ms. Colonna and Mr. Wood: Attached please find a fully executed Chamber of Commerce Relocation and Public Parking Space Agreement which was approved by the City Commission at their meeting of February 19, 2008. Sincerely, OFF)THE CITY �NEY CI�F DELRAY BEACH,.F ORID A By: Susan A. Ruby, Esq City Attorney Attachment cc: Chevelle Nubin, City Clerk e►,ajra<• Steve Rubin, Esq. EXHIBIT "G" th `'� ix7 Q _ rf� ' � - sq JZ Wilt X fi 1) -.?.t 4r 1, Jt 5k X 4a 41 mtk V , A pj tv'm 4r 1, Jt 5k X 4a mtk , 41. It gor VI �A ri AD4� 4k' W. S. LINTON JULY 5 1896 KNOW ALL MEN BY THESE PRESENTS that the undersigned the Model Land Company, a corporation of the State of Florida, and W.S. Linton have caused to be made the following attached map of subdivision Sixteen (16) and east half of Section (17) in Township Forty six (46) South Range of Forty three(43) East, in Dade County, State of Florida to be known as LINTON and that we do hereby dedicate to the perpetual use of the public the streets, highways, parks and cemetery shown thereon , excepting and reserving to ourselves that portion of Sutton Street and of Deily Street on the east side of Swinton Avenue, also that portion of Perry Street and of Saginaw Street extending north of Thomas Avenue, also that portion of Caillard Street and Parrot Street extending south from Ingraham Avenue, the alley way in Block 95 and that portion of Shinson lying west of Aitken Street also excepting three hundred and thirty nine feet off the west end of ocean lots 1,2,3 and 4 reserving to ourselves, our heirs personal representatives successors or assigns, 'Me reversion or reversiuris thereof whenever discontinued by law. In WITNESS WHEREOF the said Model Land Company has caused these presents to be signed by its Vice President and said W.S. Linton has hereunto Set his hand and seal this twenty fifth day of July A.D. 1896. Model Land Company by Signed, sealed and delivered in the presence of James E. Ingraham Vice President W. S. Linton L. Larson W. W. Blackmer State of Florida St. Johns County Corporate Seal Personally appeared before me, James E. Ingraham, Vice President of the Model Land Company and W. S. Linton known to me to be the same persons who executed the above instrument and acknowledged the same to be their free act and deed and said Jas E. Ingraham further acknowledged that he executed the same for and on behalf of said Model Land Company as the act and deed of said Corporation. Witness my hand and seal this twenty fifth day of July A>D> 1896 E. Burslem Thompson Notary Public State of Florida EXHIBIT "H" Statutes & Constitution :View Statutes: Online Sunshine Page 1 of 2 Select Year: 2014 _ v _90 _j The 2014 Florida Statutes Title XL Chapter 689 View Entire REAL AND PERSONAL CONVEYANCES OF LAND AND DECLARATIONS Chapter PROPERTY OF TRUST 689.18 Reverter or forfeiture provisions, limitations; exceptions.— (1) It is hereby declared by the Legislature of the state that reverter or forfeiture provisions of unlimited duration in the conveyance of real estate or any interest therein in the state constitute an unreasonable restraint on alienation and are contrary to the public policy of the state. (2) All reverter or forfeiture provisions of unlimited duration embodied in any plat or deed executed more than 21 years prior to the passage of this law conveying real estate or any interest therein in the state, be and the same are hereby canceled and annulled and declared to be of no further force and effect. (3) All reverter provisions in any conveyance of real estate or any interest therein in the state, now in force, shall cease and terminate and become null, void, and unenforceable 21 years from the date of the conveyance embodying such reverter or forfeiture provision. (4) No reverter or forfeiture provision contained in any deed conveying real estate or any interest therein in the state, executed on and after July 1, 1951, shall be valid and binding more than 21 years from the date of such deed, and upon the expiration of such period of 21 years, the reverter or forfeiture provision shall become null, void, and unenforceable. (5) Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section. (6) Any holder of a possibility of reverter who claims title to any real property in the state, or any interest therein by reason of a reversion or forfeiture under the terms or provisions of any deed heretofore executed and delivered containing such reverter or forfeiture provision shall have 1 year from July 1, 1951, to institute suit in a court of competent jurisdiction in this state to establish or enforce such right, and failure to institute such action within said time shall be conclusive evidence of the abandonment of any such right, title, or interest, and all right of forfeiture or reversion shall thereupon cease and determine, and become null, void, and unenforceable. (7) This section shall not vary, alter, or terminate the restrictions placed upon said real estate, contained either in restrictive covenants or reverter or forfeiture clauses, and all said restrictions may be enforced and violations thereof restrained by a court of competent jurisdiction whenever any one of said restrictions or conditions shall be violated, or threat to violate the same be made by owners or parties in possession or control of said real estate, by an injunction which may be issued upon petition of any person adversely affected, mandatorily requiring the abatement of such violations or threatened violation and restraining any future violation of said restrictions and conditions. History.—ss. 1, 2, 3, 4, 5, 6, 7, ch. 26927, 1951; s. 218, ch. 77-104. http:llwww.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search St... 6/23/2015 EXHIBIT "I" 528 FAcF137 J =---Ms IKDzrTGB:, =mde ?tbii jr. jaY of MaMd , As Be IVES, Bettresn JBiali Z. thLVth, s Widow@ wile 4f Yietor T. Weaver, -assessed, of the bounty of 0.1ifxlOA s State of NOW Fork, party of the Shat Sart, and C11T OF BII.BLT BBLCH, a aunielpal corporation is the ocanty-of Plow Beach sad state s of rlorida, party of the second -parte • • . ° 9122 MM: - that the said party of the Sirst part, tar &a is consideration of the res of One Dollar (41.00) and other valuable considerations to ler la hind paid, -the ressipt whereof Is bersby acknowledged, haw granted, Bargained, sold sad trans - topped, and by these presents does great, bargain, sell and w transfer tanto the said party of the second part, and. its Successors, legal sspresentatives ani assigns -forever, all that certain parcel of land lying and being In the County of Pala Beach and State of Florida, more particalarly described as folleos Night (8) and all of LotnoFee609) (g1;of ssBlock One RwArsd Dae JlWof the Tom of Delray, formerly Linton, secording to the plat thereof an file in the oftias of the Clerk of the Circuit Court in and for said Cftn#y and Stater ++ !SIS XM 13 axYm SMWZOT TO ALL UDS AID • thCMMLLVCLS OUTSTAaDM LGLfsST SAID Z MRTT, - Thi■ land is emnyed to the city of Dslmy • without o be Soldortransferred Beachforgj is not tfirst t obtaining trim %as qu lysaidC alified Voters of said City - ""mission to Sall and Gamey east lands= said rpcmission to is obtained at a special sleation to be held for the purpose of obtaining tis son - scull and psraission of the spa arity of the qualified _. voters of the City of 262M Beach, =lerlda. Y _ _ _. �. .� h - � ��7 � .moi/! .� ....riPM �wJ ii.C' .AR�iL 4 ... •r Yrn--- !� � . r.rrir�. �� . ��.r'�'�-' -'- .aim+r.�..+...ni��.—�:....�rn �.� . _ • --' �. - - �. _ � -• - •c_ _ �T- � s. � :�_ - __ :—' _ � 1. � r.:: _ - Vis... _.. F7 :W =moi- . 1 _ .�; 1 T . " 38 0[EQ 1 TWZMM With an the tsnaaanti, heraditmaaatR and appnrtananrs@, with *,very priWLIMS, right, title, intareat aA *state, tower and rlghtxof dower, rsysr@ioa, raaaindar ad saga. seat thereto ►alongiaag or in anywise appartaininds TO RATE AIM TO NCO the Some is fee gisple farever• And the said party of the first part dos@ sevsnaat with #hs @aid party of the sesoad pars that she is uv n11y gassed of the said presi@es, ani that aha ham dean richt ani 10011b1 sVgher- itT to *all the masa. IS WX 1342 UMM, the said 1Pa11T of the first part hae herannta set her had and meal the day aM year above written. Signed, meal" amd call-war" T- • i,f*�.:•: •_ f in ewer prasenes; _ . �,•'a=�'!�?3r� I 0 a �--. �r• --rt-ai_�-� �r.w+�.tiwr.i+-� .L.sy�..�r�i+.:_��a�.rYMrT.rM� *r d.��+�t..rs��wr�..7-....:��w�F. -•��.� . Rte. .. ��.� � ,�� ice— -- � _ — - - r� �... �. � � _ � _ . � ..ter.-- �� _� 32A29 of !riff YORK _ o RN?7 OF ..� 11KR=r ORMT, that on this �•.Jf day of fI[rNF • AVOM, A. D. 1936, 'before as personally appeared JffiI3 Z. filvi8, a widow, Of Victor W. Weaver, deceased, to as known to be the person described in mA who •sweated the foregoing conveyance, azA she acknowledged the szeoation thereof to be bar free act and deed for the noes and purposes therein xentioned; *ITJRSS sp sigma are and oftielal seal at 1Ees sa ls, pad eonaty am state, the day and year last aforesaid. ••� G tea%••. .L Rosary a. a t px 3j— c ossai ss i on sYp i ss : , � l ; l • . This Instrument was filled for Famm" at •*,.• /c LA m this 3 dor of 139 E, and Retarded io k at pare !J 7 . llecrri Veri9ed. Geo. O. Butler, Cleri Cirrewt CORM Palm Beach Count, Florida. . BY -fj�-,/�.(.{ D4utr Clerk .' - .--•w-�.�P � -• r-�ir�� w..r wr•..� -� . ��,-�+�--<r�iTi.i.�lir+f�.�,.�.� ._. •.- .. . _��`•`__ - EXHIBIT "J" Prepared by: RETURN t Susan A. Ruby, Esq. City Attomey's Office 200 N.W. 1" Avenue Delray Beach, Florida 33444 1011111111111111111111■ 01/29/20@4 11x36123 20040052147 OR SK 16490 PG 0767 Palo Beach County, Florida Dorothy H Milken, Clerk of Court NOTICE OF RESULTS OF REFERENDUM ELECTION HELD ON MARCH _13.1-001 The City of Delray Beach, Florida held a referendum election on March 13, 2001 at a Special Election regarding a release of a deed restriction contained in a deed a from Jennie W. Weaver to the City of Delray Beach dated June 15, 1936 on the M property legally described -as follows: The South Fifty Feet (S. 50') of Lot (8) and all of Lot Nine (9), Bock One Hundred One (101) of the Town of Delray, formally Linton, according to the plat thereof on file in the office of the Clerk of the Circuit Court In and for Palm Beach County said deed being recorded at Book 528, Page 137 of the Public Records of Palm Beach County. The deed referred to above contained the following restrictive language: 'This land is conveyed to the City of Delray Beach for municipal purposes and is not to be sold or transferred by said City without first obtaining from the qualified voters of said City permission to sell and convey said lands; said permission to be obtained at a special election to be held for the purpose of obtaining the consent and permission of the Majority of the qualified voters of the City of Delray Beach, Florida." WHEREAS, on March 13, 2001, a special election was held and the following referendum question appeared,on the ballot. 'TRANSFER OF, LAND QUESTION" Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the Clty as described more fully in Ordinance No. 1-01, if the Defray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? SHALL THE REFERENDUM QUESTION SET FORTH ABOVE BE ADOPTED? YES (for approval] NO [for rejection] NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida serves notice that the results of the above-described referendum election were as follows: YES 1,7$ NO 4..M The Majority of the voters casting a ballot at the referendum election held on March 13, 2001 have voted to release the deed restrictions on the property and authorize the sale and transfer of the land located at 29 S.E. 0 Avenue, also known as the South 50 feet (S. 50') of Lot (8) and all of Lot Nine (9), Block One Hundred One (101) of the Town of Delray, formally Linton, according to the Plat thereof on file In the offices of the Clerk of the Circuit Corsi in and for Palm Beach County, said deed being recorded at Book 528, Page 137 of the Public Records of Palm Bead County. DATED this day of Q 2004. Ar CITY CLERK SWORN TO AND SUCRIBED .�►wsr�i - Before me this f rJdday of 2004. J.. CANVASS UNIFORM MUNICIPAL ELECTIONS 10:03pn Mar 13 2001 PALM BEACH COUNTY, FLORIDA MARCH 13, 2001 CITY OF DELRAY BEACH Precincts Canted Absomme, Precincts Courted Registered Voters Not Lots Cast TRANSFER OF LIBRARY LAW WEST10N A. YES (far aWrovaL) 8. NO (for rejection) Precinct Reg BLts %Trn A. %A. B. %B. 0166 1278 94 7.36 58 61.70 36 38.30 166A 573 36 6.26 24 66.67 12 33.33 166E 799 163 20.40 146 89.57 17 10.43 1660 566 123 22:08 112 89.60 13 10.40 0170 812 36 4.43 15 41.67 21 58.33 0171 2551 141 5.53 114 80.85 27 19.15 171A 2979 309 10.37 268 913.20 21 6.80 1718 754 6 0.80 5 83.33 1 16.67 171C 869 20 2.30 11 55.00 9 45.00 171D 90 0 0.00 0 0.00 0 0.00 0172 1236 45 3.64 40 88.89 4 8.89 172A 39 3 7.69 0 0.00 3 100.00 1728 60 2 3.33 2 100..00 0 D.00 1720 6 2 33.33 2 100.00 0 0.00 1720 2 0 0.00 0 D.DO 0 0.00 0173 1489 19 1.28 16 84.21 3 15.79 0174 2725 125 4.59 92 73.60 33 26.40 174A 2937 15 2.89 71 83.53 13 13.29 1748 609 8 10.99 3 50.00 3 50,00 1740 1750 155 6.86 142 91.61 13 8.39 0175 1720 34 1.98 26 76.47 B 23.53 175A 128 4 3.13 2 50.00 2 50.00 0176 997 17 1.71 13 76.47 4 23.53 17611 1842 136 7.38 120 88.24 % 11.76 1768 1195 69 5.77 55 79^71 14 20.29 0177 0 0 0.00 0 0.00 0 0.00 0178 1774 36 2.14 26 68.42 12 31.58 178A 766 16 2.09 12 75.00 4 25.00 0179 1033 166 15.76 131 78.92 34 20.48 0189 2054 136 6,62 92 67.65 43 31,62 0190 2271 2D8 9.16 140 67.31 67 32.21 A006 0 31 ---.^ 25 80.65 5 16.13 STATE OF FLORIDA COUNTY OF PALM BEACH 31 100-00% 1 100.00% 35,926 100.00% 2,227 6.20% 1,783 80.28% 438 19.72% 1. THERESA LqpORF CERTIFY IS A TRUE AND CORR, SUPERVISOR OF EL.ECTIONS, ECT COPY OF THE RECORDS ON FRILE IN THIS OFFICE THIS WITNESS MY HAND AND SEAL, THIS 14' DAY OF MARCH , 20 THERESA LePORE ' SUPERVISOR OF ELECTIONS ; PALM BEACH COUNTY, FLORIDA y Page 12 EXHIBIT "K" I - ORDINANCE NO. 1-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City for the library property provides that certain lots and parts of lots are to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (10 1) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the voices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 528, Page 137 of the Public Records of Palm Beach County; and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will then be moved to other property located within the City. NOW, THEREFORE, BE IT ORDAfNED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the "Whereas" clauses set forth above and hereby incorporates them herein in their entirety. Sermon 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of qualified electors of the City of Delray Beach voting in the special election to transfer and sell the library lands described herein pursuant to the terms of the deal recorded in Book 528, Page 137 of the Public Records of Palm Beach Cbunty. Section 3. That the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13, 2001. follows: Section 4. The form of the ballot to be used in the referendum shall be as Transfer of Library Lands QW scion Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] ❑ NO [for rejection] ❑ Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. That this ordinance shall become effective upon its passage on second and final reading. 2 Ord. No. 1-01 PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of January 2001. ATTEST: r First Reading January 2, 2001 Second Reading January 16, 2001 ?Swh,.� vis MAYOR 3 Ord. No. 1-01 Prepared by: RETS 11111111111111111111 IN t Susan A. Ruby, Esq. AtWrn s Office 01/29f2004 11:36:23 20040052147 City eY' OR BK 15490 PG 0767 200N.W.1"Avenue Palm Reach County, Florida Delray Beach, Florida 33444 Dorothy H Wilken, Clerk of Court NOTICE OF RESULTS OF REFERENDUM ELECTION HELD ON MARCH 13.2001 The City of Delray Beach, Florida held a referendum election on Manch 13, 2001 at a Special Election regarding a release of a deed restriction contained in a deed from Jennie W. Weaver to the City of Delray Beach dated June 15, 1936 on the to property legally described as follows: NJ The South Fifty Feet (S. 50) of Lot (8) and all of Lot Nine (9), Block One Hundred One (101) of the Town of Delray, formally Linton, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County said deed being recorded at Book 528, Page 137 of the Public Records of Palm Beach County. The deed referred to above contained the following restrictive language: "This land is conveyed to the City of Delray Beach for municipal purposes and is not to be sold or transferred by said City without " first obtaining from the qualified voters of said City permission to sell and convey said lands; said permission to be obtained at a special election to be held for the purpose of obtaining the consent and permission of the Majority of the qualified voters of the City of Delray Beach, Florida." WHEREAS, on Manch 13, 2001, a special election was held and the following referendum question appeared.on the ballot: "TRANSFER OF LAND QUESTION" Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? SHALL THE REFERENDUM QUESTION SET FORTH ABOVE BE ADOPTED? YES [for approval] ❑ NO [for rejection] ❑ NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida serves notice that the results of the above-described referendum election were as follows: YES 1.783 NO 438 The Majority of the voters casting a ballot at the referendum election held on March 13, 2001 have voted to release the deed restrictions on the property and authorize the sale and transfer of the land located at 29 S.E. 0 Avenue, also known as the South 50 feet (S. 50') of Lot (8) and all of Lot Nine (9), Block One Hundred One (101) of the Town of Delray, formally Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Heath County, said deed being recorded at Book 528, Page 137 of the Public Records of Palm Beach County. DATED this A9 day of &U4W CITY CLERK SWORN TO AND SUCRIBED Before me this 0424 day of , 2004. CANVASS UNIFORM NWZCIPAL ELECTIONS 10.03pt Nor 13 2001 PALM SEACR COUNTY, FLORIDA NARCR 13, 2001 CITY OF DELRAY BEACR Precincts Counted Absentee Precincts Counted Registered Voters Ballots Cast TRANSFER Of LIBRARY LAND QUESTION A. YES (for epprarsl) A. NO (for rejection) Precinct Reg Blts %Trn A. M. B. %8- 0166 1278 94 7.36 SB 61.70 36 38.30 1664 575 36 6.26 24 66.67 12 33.33 1668 799 163 20.40 146 89.57 17 10.43 1660 566 125 22,08 112 89.60 13 10.40 0170 812 36 4,43 15 41.67 21 58.33 0171 2551 141 5.53 114 00.85 27 19.15 171A 2979 309 10.37 288 93.20 21 6.80 1718 754 6 0.80 5 83,33 1 16.67 1710 869 20 2.30 11 55.00 9 45.00 1710 90 0 0.00 0 0.00 0 0.00 0172 1236 45 3.64 40 88.89 4 8.89 MA 39 3 7.69 0 0.00 3 100.00 1728 60 2 3.33 2 100,00 0 0.00 1720 6 2 33.33 2 100.00 0 O.DD 172D 2 0 0.00 0 0.00 0 0.00 0173 1489 19 1.28 16 64.21 3 15.79 0174 2725 125 4.54 92 73.60 33 26.40 1744 2937 85 2.89 71 83.53 13 15.29 1748 609 6 0.99 3 50.00 3 50.00 1740 1750 155 8.86 142 91.61 13 8.39 0175 1720 34 1.98 26 76.47 B 23.53 175A 128 4 3.13 2 50.00 2 50.00 0176 997 17 1.71 13 76.47 4 23.53 176A 1842 136 7.38 120 88.24 16 11.76 1766 1195 69 5.77 55 79.71 14 20.29 0177 0 0 0.00 0 0.00 0 0.00 0178 1774 33 2.14 26 68.42 12 31.58 1711 766 16 2.09 12 75.00 4 25. DO 0179 1053 166 15.76 131 78.92 34 20.48 0189 2064 136 6.62 92 67.65 43 31.62 019D 2271 208 9.16 140 67.31 67 32.21 ADOS 0 31 ------ 25 80.65 5 16.13 STATE OF FLORIDA COUNTY OF PALM BEACH 31 100.00% 1 100.00% 35,926 100.00% 2,227 6.20% 1,783 80.28% 436 19.72% 1, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL, THIS - 14'h DAY OF MARCH , 20 01 . i BY. THERESA LePORE = SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FLORIDA Paye 12 Of Ftoga N 9 Palm Beach County °F rte: P.6.C_ GOVERNMENTAL CENTER 301 N. OLIVE AMENUE, ROOM 105 WEST PALM BEACH, FL 33401-4795 TELEPHONE; [5611 355.2850 THERESA LePORE FAX NUMBER: (561) 355.4006 supwMeor of eecbarm VVEBS1TE; wAw.pbcelecdom.arg March 14, 2001 Ms. Alison Harty, City Clerk Dehuy Beach City Hall 140 NW V Avenue Delray Beach, FL 33444 Dear Alison: Enclosed, is a certified copy of the results of the City of Dehuy Beach Municipal Election held on March 13, 2001. If you have any questions, please do not hesitate to call. Sincerely, Theresa LePore Supervisor of Elections TAL:chn Enclosure RECEIVED ,0706 /0 C4iY CLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:CITY MANAGER SUBJECT: AGEDMA ITEM 10. 0.- REQIUAR MEF.TING OF 1&tWkRY16,2001 RDINAN E .1-01 (REFERENDUM QN LIBRARY PR PER RESOLUTIONNO. 6-01 CALLING FOR SPECIAL ECTIQhD DATE: JANUARY 12, 2001 This is second reading and a public heating for Ordinance No. 1-01 which provides for a special election referendum to be held on the question of whether the qualified voters of the City give their permission for the release of any deed restrictions and for the sale and transfer of part of the Library property located at 29 S.E. 01 Avenue. There has been discussion about the possibility of the Public Ltbxary relocating to another site within the City. If this were to happen, the current library site would become available for redevelopment purposes. One of the deeds to the City for the library property contams a restriction that the land was conveyed for municipal purposes and may not be sold or transferred by the City without first obtaining permission from the qualified voters of the City at a special referendum election. The property in question is the South 50 feet of Lot 8 and all of Lot 9, Block 101, Town of Delray. The City Attorney, in conjunction with outside counsel, has reviewed this issue and has determined that a referendum election is the only viable option. The proposed ordinance provides for a special election referendum to be held on the question on the March 13, 2001 municipal election ballot. At first reading on January 2, 2001, the Commission passed the ordinance by unanimous vote. Approval is recommended. If, after the public hearing, the City Commission approves Ordinance No. 1-01 on second and final reading, consideration should then be given to the adoption of Resolution No. 6-01. This resolution formally calls for the special referendum election and is the first step required for us to comply with City Charter and general law requirements for holding a special election. Assuming Ordinance No. 1-01 is approved by the Commission, approval is also recommended for Resolution No. 6-01. RefAgmemoU.Ord1-01.2nd Reading Referendum on Library Property Ebf Q RAND UM TO: YORAND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDAITEM la?. h - imGuLmg MEETING OF MMLARY 2,200 ORDINANCE NO. 1-01 (REFERENDUM ON LIBRARY PROPERTY DATE: DECEMBER 29, 2000 As you know, there has been discussion about the possibility of the Public Library relocating to another site within the City. If this were to happen, the current library site would become available for redevelopment purposes. One of the deeds to the City for the library property contains a restriction that the land was conveyed for municipal purposes and may not be sold or transfer=d by the City without first obtaining permission from the qualified voters of the City at a special referendum election. The property in question is the South 50 feet of Lot 8 and all of Lot 9, Block 101, Town of Delray. The City Attorney, in conjunction with outside counsel, has reviewed this issue and has determined that a referendum election is the only viable option. The proposed ordinance provides for a special election referendum to be held on tins question on the March 13, 2001 municipal election ballot. If it is passed on first reading, second reading and a public hearing will be scheduled for January 16, 2001. This will allow us to comply with deadlines established by the Supervisor of Elections for ballot questions and provide sufficient time for related items such as noticing and formally calling for the referendum. Recommend approval of Ordinance No. 1-01 on first reading, and set a public hearing date of January 16, 2001. Ref-Agme=14 Ordl-01.Referendum on Library Property ORDINANCE NO. 1-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City for the library property provides that certain lots and parts of lots are to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (10 1) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 528, Page 137 of the Public Records of Palm Beach County; and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will then be moved to other property located within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the "Whereas" clauses set forth above and hereby incorporates them herein in their entirety. Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of qualified electors of the City of Delray Beach voting in the special election to transfer and sell the library lands described herein pursuant to the terms of the deed recorded in Book 528, Page 137 of the Public Records of Palm Beach County. Section 3. That the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13, 2001. follows: Section 4. The form of the ballot to be used in the referendum shall be as Transfer of Library Lands Questio Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] ❑ NO [for rejection] ❑ Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote for the question, then it shall take effect immediately on its passage. If a majority .of the qualified voters of the City of Delray Beach actually voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. That this ordinance shall become effective upon its passage on second and final reading. 2 Ord. No. 1-01 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2001. MAYOR ATTEST: City Clerk First Reading Second Reading Ord. No. 1-01 each month by each newspaper; perhaps one per newspaper per month would be adequate. Right now it is completely out of control and is creating a nuisance for the Tropic Isle residents. Mayor Schmidt commented that he was not surprised this evening by the appearance of the merchants speaking about the Delray Affair. Mr. Gimmy had called him last week, and he had spoken with Mr. Wood and the City Manager about it. Mayor Schmidt stated that he would be willing to facilitate a meeting with the Chamber and some representatives of the merchants and some representatives of the City if that is what the Commission would like us to do. It was the consensus of the Commission to have the Mayor proceed in this regard. 12. FIRST READINGS: 12, �.ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13, 2001, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 S.E. 4th Avenue. If passed, a public hearing will be scheduled for January 16, 2001. The City Manager presented Ordinance No. 1-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Mr. Schwartz moved to approve Ordinance No. 1-01 on FIRST Reading, seconded by Mars. Archer. The City Attorney stated that the City owns the land upon which the Library is built, and there is a deed restriction on part of the land that it may only be used for municipal purposes. If the City wanted to sell or transfer the land for other than municipal purposes (i.e. for private use), the question of whether or not to do so would have to be put to the voters at a referendum election. The City Manager stated that the proposal is that the Library will trade their building 01-02-01 18 to the Community Redevelopment Agency (CRA) for the site on West Atlantic Avenue, and the City would trade the land to the CRA for the land east of Old School Square which would allow for Old School Square's expansion. The CRA would end up with both the building and the land, and then it would be available to them for redevelopment purposes. Upon roll call the Commission voted as follows: Mrs. Archer — Yes; Mr. Schwartz — Yes; Ms. McCarthy — Yes; Mayor Schmidt — Yes; Mr. Perlman — Yes. Said motion passed with a 5 to 0 vote. 12.H. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. If passed, a public hearing will be scheduled for January 16, 2001. The City Manager presented Ordinance No. 2-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9(J) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that the proposed LDR amendment includes the removal of an exemption for construction activities involving single family homes, the addition of requirements dealing with sediment controls including installation of temporary erosion control measures prior to and during construction, with permanent control measures required within seven (7) days of any completed construction activity, and the addition of a statement that private owners of storm drain systems that connect to the municipal system will be responsible for annual inspection, operation and maintenance of their private stormwater management system. Mr. Dorling stated that the Planning and Zoning Board considered the proposed text amendment at a public hearing on December 18, 2000, and voted 5 to 0 to 01-02-01 19 [R4 OF OELRRY BEREH IDA CITY ATTORNEY'S OFFICE 200 NW ua AVENUE ELRAY BEACH, TELEPHONE 561 43 •7090 - FACSIMILE 5611�7 t 4755a44 DECRAY 8#1 q Cb 1 ® DATE: 1993 TO: FROM: SUBJECT: MEMORANDUM December 5, 2000 David Harden, City Manager Alison Harty, City Clerk Susan A. Ruby, City Attorney Library Land Matter Wnw's Dict Line 561/243-7091 Our office, in conjunction with Bill Doney, have reviewed the legal issues created in one of the library deeds and believe a referendum is the only viable option. I have talked to John Callahan of the Delray Beach Library regarding the referendum. He will be taking the attached, revised ordinance to the Library Board on December 20, 2000 for their review. Alison Harty, City Clerk, has informed me that the ballot question must be in the Office of the Supervisor of Elections by February 9, 2001. Therefore, Alison has suggested that a first reading be held January 2, 2001 and the second reading on January 16, 2001. Enclosed is a revised draft ordinance, resolution and Notice of Special Election for your review and comment. Please let me know if you require any changes. W—� SAR: Enclosure cc: John Callahan, Library Du=ty Bill Doney, Esq. Diane Dominguez, Director, CRA DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TH AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the Deeds to the City for the library property provides that certain lots and parts of lots are to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (101.) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 528, Page 137 of the Public Records of Palm Beach County, and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will then be moved to other property located within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the "Whereas" clauses set forth above and hereby incorporates them herein in their entirety. Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of qualified electors of the City of Delray Beach voting in the special election to transfer and sell the library lands described herein above pursuant to the terms of the deed recorded in Book 528, Page 137 of the Public Records of Palm Beach County. DRAFT Section 3. That the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13, 2001. Section 4. The form of the ballot to be used in the referendum shall be as follows: Transfer of Library_Lands estion Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. , if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] ❑ NO [for rejection] ❑ Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote against the question, then this ordinance shall have not force and effect. Section 6. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2001. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. provides for a referendum on the question presented therein regarding whether the majority of the qualified voters in the City voting in a special election consent and give permission for the City to transfer and sell a portion of the current library property; and, WHEREAS, the City of Delray Beach desires to call for a special election on the matter; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach and General Law; and WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the ballot question proposed in Ordinance No. be held on March 13, 2001. 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 authorizes the holding of a special election on the referendum question presented in Ordinance No. _ Section 3. That the City Commission hereby sets the date of the election to be held on March 13, 2001. Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary to hold the referendum as hereby provided. Section 5. That this resolution shall become effective immediately upon passage PASSED AND ADOPTED this day of , 2001. ATTEST: City Clerk MAYOR DRAFT NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.32, that a special election shall be held on March 13, 2001 on the referendum question purposed by Ordinance No. to wit: Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current Iibrary land owned by the City as described more fully in Ordinance No. , if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? CITY OF DELR.AY BEACH, FLORIDA Alison MacGregor Harty City Clerk PUBLISH: The News [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] IL 528 FAA37 Jv�F IF.0 . suds this �+.fr!iiay of 02W, 1. D. 1936, Betresa 1=12 H. WUTjM, a mid owg trite of Tletor W. !eater, -deceased, of the founty of Minton ♦ Stats Of Now sorb, party of the first part, and CI'Ii OF DZLW 39=. a sfnaieipal corporation la the Ceanty•of Pals Beach and State of Florida, party of the second Tart, _ ■rsW3=: "float she said party of the first part, for and in eonsiteration of the Baa of One Dollar i#l.0o) and other valuable eoneilerations to Ser la head paid,-ths receipt whereof is hereby acknowledged, has granted, Aargalaed, sold and trans - tarred, and by these prosents toes granto bargain, sell and transfer tanto the Bald party of the second pert, and, its Successors, legal representatives 024 isaigas forever, all that eertain pareel of land lying cad being is the County of Palet beach and state of Florida, sore partionlarly described as follows sigetft(Bjgouth aaud alI of post tSize (9!} eSleek `One Htuedrsd nae i]"of the rom oat Delray, toxatarly 7.iaton, according to the plat thereof an file in the office of the Clark of the Circuit Oourt in and for said acanty and atotc, =13 nHHb 13 GIr!'3 SWICT TO ALL TAIRS AID 131009"M OnBTANUNG AGAMT RAID is CMTY* this land is soavoyed to the Citi* of Balmy Swat for maieipal purposes and is not to be sold or transferred by Bait City without first Obtaining troy the WmUtied voters of said City *emission to Bell and somey said lands; said rpeemission to be obtained at a special election #e be hold far the purpose of obtaining the son - seat and persission of the Majority of the Hnalitled voters of the City of Delray Beach, Florida* L iii - ♦. • 9. '. r4 • a�-.rr� _ _ _ - _ wi iM.i • ..9..�R S ... • J1 KR•. I - ti ... �, ,is ��.• .. �_ :..�� :�.?��' Z ` - -arm•• �.�. �. DIY ' � . F _ ♦ .yam . s : _ ....f tae —. '�Y ': �' '�� '. �r:�: t .t • : -77 . a: ._� .. _ •�f � y moi. w_w.r�w� -_�.� .•.•-.iwr.��w �.J. � ori' �� r � . + .. i 14 1 38 2ROGZMM with all the tenements, hereditasenis and appartesaneea, with every privilege, right, title, interest of estate, dwer and right of dower, reversion, remainder and ease - sent thereto belonging or is anywise apperUising: 10 SITZ AIM To ROLA the same is Coo simple Corner* And the said party of the rust pari does sevesant with she said pasty of the seeoad part that she is lGWfVlly seissd Of the said presieer, and ghat sae her goad right and lawtti author- ity to sell the site_ 11 Win= IRMOt, the said party of the first part has r � hereunto set her hand and seal the day and year above written. Signed, sealed and delivered in oar presence: �,r�'`�•Nr303� - r►� ..rys Spa rl •_' • 0 r S' �r--. w.- - w =ai �•�e �.. rr.r#-rrww��- .sr�T .�w�.�: 'Ar+�+�- "- `Ir."�±'y�y^'-�s�-�w..4.'..r S) a �_.. • IIS:.EC' .;•wry...• s�L .rmif'-i 'T= $�' Stan or I Tm _ CQUATZ OF I ERMW CER m, that oil this f l` ty of �TuNF • - Al md , A. D. 1436, before as personally appeared JIMMIE _. WEAVER, a widow, at TLetor We Weaver, deceased, to as Enowm to be tau persoa described In and who AZeeated the foregoing conveyance, and she acknowledged the aseeatioa thereof to be Iter free act a d deed for the uses and purposes therein jaeutioaed; WITNESS y sigaatu.rs wnd official asal at s#A aaanty and state, the dap and year last aforesaid* a • rl�f` � A ;3 • .7 R : ? cry &UP110s Ny caas<iosim azpi aa: j,.r ]v This instrument was ailed for bacard at •�,.• ' . ,F4. 3°,q as thi. 3 day 193&1". and Recorded in k ii?� ' i '•,� • Q: at page I3 7 . Record Verifed. Geo. 0. d:{'�r Butler. Clerk Cirowt Cool, Palm Beach �;� �• �f�'+ Couaty, Florida. 4-j—e DMuIy Clerk. � �,•.: •.•• y ern. 12 29 OQ FRI 13 48 FAX 561 278 4755 DEL BCH CTY AM tea+ CITY HALL IM001 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF UyUv`*r` 'Y OF THE QUALIFIED VOTERS OF THE ( — EFERENDUM SPECIAL ELECTION GIVE T_ 3RMISSION FOR THE RELEASE OF ANY LFOR THE TRANSFER AND SALE OF PA t1_ LIBRARY PROPERTY LOCATED AT 29 • ORE PARTICULARLY DESCRIBED HEREIN; tENDUM TO VOTE ON THE QUESTION OF / RESTRICTIONS AND CONSENT AND PFRlbn-,,,rvly 1V PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the Deeds to the City for the library property provides that certain lots and parts of lots are to be used for municipal purposes and are not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S. 50') of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (10 1) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed bung recorded at Book 528, Page 137 of the Public Records of Palm Beach County; and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will be relocated to other property located within the City NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the "Whereas" clauses set forth above and hereby incorporates them herein ni their entirety. Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of qualified electors of the City of Delray Beach voting in the special election to release any restnctlons in the deed and to consent and give permission to transfer and sell the library lands legally described as the South 50 feet (S.59) of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (101) of the Town of Delray, formally Linton, recorded in Book 528, Page 137 of the Public Records of Palm Beach County 13 2q oo FRT 13 48 Fal 561 278 4755 DEI. BCH CPY ATTY CITY HALL Q002 Section 3. That the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election for the release of any restrictions in the deed and for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13, 2401. Section 4. The form of the ballot to be used in the referendum shall be as follows: Transfer o_ f Ubm La�sd Qlmstio Do you give your consent and permission to the release of any restrictions in the deed and to the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. , if the City of Delray Beach, the Delray Beach Public Library Association or the Conunuruty Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] ❑ NO [for rejection] ❑ Section S If a majority of the qualified voters of the City of Delray Beach actually voting to this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote against the question. then this ordinance shall have no force and effect. Section 6. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2001. ATTEST City Cleric First Reacting Second Reading MAYOR 2 ORD. NO. QB Friday, Januar ,S� 2001 4t INWAsi.. ftwWAMA A. -- RNs EXHIBIT "L" This Instrument Prepared by: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Lauderdale, Florida 33308 12-43-46-16-01-101-0144 02-4346-16-01-101-0171 A 2-43-06-16-01-101-0172 CFN 200180384594 OR BK 22916 PG 0055 RECORDED LBf2112088 L5:46:24 Palo Beach County, FLarida AKT 18.06 Doe Stamp 0.70 Sharon R. Sock, CLM 11 COMPTROLUM Pga MM - 57; (3pge) �o SPECIAL WARRANTY DEED ENTURE is made this 6� day of 0� , 2008 by and between the City of Del ch, a Florida municipal corporation, hereinafter referred to as "Grantor" and the Delray. Community Redevelopment Agency, a Florida public body corporate and politic created povant to Section 163.356 F.S., whose post office address is 20 North Swinton Avenue, Delray h, Florida 33444, hereinafter referred to as "Grantee." WITNESSETH: That said Gram d in consideration of the stun of TEN ($10.00) DOLLARS, and other good and valuable tions to Grantor in band paid by Grantee, the receipt whereof is hereby acknowledged, has bargained and sold to the Grantee, and Grantee's successors and assigns forever, the follo . ' bed land, situate, lying and being in PALM BEACH County, Florida, to wit: .�, " ATTACHED EXHIBIT A SUBJECT TO: This convey subject to a Right of Reverter in favor of the Grantor (City) in the event the Grantee (CRA) convey the property known as the Old Library Site to the Developer, pursuant to the Agree Purchase and Sale by and between the CRA and Developer dated February 14, 2008. SUBJECT TO: Zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easement of record; taxes for current year and subsequent years. And the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under said Grantor but against none other. [SIGNATURE CLAUSE FOLLOWS] Book229161Page55 Page 1 of 3 4� a'1 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year first above written. (Print or Type Name) STATE OF FLORIDA COUNTY OF PALM I City of Delray Beach, a Florida municipal corporation By: is Title:1D The foregoing instrument was ackn d, god before me this day of IQ.PbO 2008 by as of the City of Delray Beach, a Florida municipal corporation, oh behalf of the City,personally known to me or has produced a Florida driver's license as identification. Vj nais ,YU (n - 6 NOT Y PUBLIC I18tyaw" Mq[ra►1tiMe , il11! � 1UMM i 001 lhesjl 2 of 3 Book229161Page56 Page 2 of 3 EXHIBIT A LEGAL DESCRIPTION t CPkiLot : and 16, LESS the East 10 feet thereof for Road Right -of -Way, all of Block 101 of LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book f the Public Records of Palm Beach County, Florida. PCh'V-16-01-101-0140 PARCEfaiv Parking Lot): Lot 17, L e South 52 feet and the East 10 feet thereof for Road Right -of -Way, Block 101 of TOWN OF N (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of PAlic Records of Palm Beach County, Florida, 0 PCN: 12 -43 -46 -16A -1Q-0171 The South 52 feet of d Lot 18, LESS the East 10 feet thereof for Road Right -of --Way, all of Block I01 of TO5 �i,1NTON (now Delray Beach), according to the Plat thereof, as recorded in Plat Book 1, the Public Recoircls of Palm Beach County, Florida. PCN: 12-43-4&16-01-101-0172-o �"w 0 0 HA2001%W0451Senee's Docs - City p ty'08.)4-16 SWD to CRA doc Book22916fPage57 3 of 3 Page 3 of 3 EXHISIT 66N1" ATTORNEYS' TITLE INSURANCE FUND, INC, Palm Beach Branch Goren Cherof Doody and Enrol PA 3099 E. Commercial Blvd. Suite #200 FT Lauderdale FL 33308 Dear Annabelle: 340 Columbia Drive, Suite 106 West Palm Beach, FL 33409 (561) 640-3700 Fax: (561) 640-9387 Date: January 10, 2008 Fund File Numbers 06-2008-202 County., Palm Beach References 060045 We have examined title to.tke properly described in Sekedule A attached crud prepared these schedules n be used exclusively for the purpose of issuing a commitment orr policy oftitle briurance underwritten by Attorneys' 7ble lasurance Fundi Inc. please review the schedules before signing and inserfi►tg in a Fund Cogent cover: As ourAgent you must: A. Add additional requirements and/or exa prions feSchedule R that you fmd necessary firom your analysis of the pfesent transactio>ts. R Evaluate Schedule A and Band issue endorsements as may be appropriate, deleting or modifying the Schedules Our examination of dde reflects only those matters recorded In the Off id dRecords Booft You are responsible for suck other off -record examinations and checks as you may find necessary pursuant to Fund underwriting procedures. In ad on, you are responsible for checking for any unrecord d special assessment liens or unrecorded liens arising by virtue of ordinances, unrecorded agreements as to impact or other developmentfees, unpaid waste fees payable to the county or municipality, or unpaid service charges under Ck.159, F. I, or county ordnatece., if applicable; When the interest you are imsuring is a personal property interest (suck as a mortgage, a leasehold or cooperative interest), a federal tax New search of the Secretary of State's records may he requbtd See Fund Tide Note 30L02 K In the event youare required to issue a Mortgagee Commitmien4 Schedule B -II of the Owner's Commitment will provide information, from a 20-yearlrudgment and lien search on tke proposed insures[ The Fund appreciates this opportunity to be ofservice. Please contact us if you have airy questions. Sincerely, Attorneys' TRIe Insurance Fund, Inc. Barham Northern 1-$00-5154)155 Commilmem No,. Fund Fite Numbcr_ 06-2008-202 1, Policy or Policies to be issued: Attorneys' 'Title Insurance Fund, Inc. COM FORW Schedule A Effective Date: December 27, 2007 r0p I 1: W .PM OWNXW-S, ALTA Owner's Policy (10/17/92). (if other, specify.) Proposed Insured: Delray -Beach Community Redevelopment Agency MORTGAGEE: MORTGAGEE: Agent's File Reference: OW"5 Proposed Amount of insurance: $1:00 2. The estate or interest in the land deacnW orrefened to in this aommitmcA is a fee simple and tittle thio is at the effective date hereof vested in: City of Delray Beach, a municipal corporation 3. The land referredto in this cotnmitment-is. desccribed as follows: Lots 14, 15,16, 17 and 18, Block 101,'Map of the Town of Linton (now Delray Beach), according to the map or plat thereof as reworded in Plat Boob 1, Page 3, Public Records of Palmi Beach County, Florida, LESS and EXCEPTING the East ten (10) feet of Lots 14,15, 16.17 and 19 Agent No.: 5046 Issuing Agent: Garen (hemi Doody and Enrol PA 3099 E. Commercial Blvd. Suite #1.00 FT Lauderdale FL 33308 Agent's Signature Goren Cherof Doody and E2ml PA Form (7,A-711. A (mo. 1,99) FUND COMM17MEAT FORM Schedule 13-1 Commitment No.: Agent's File Reference: 0095 95 Fund File Number. 06-2009-202 I. The following are the raquixe Mgs to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or Wrtgagars. 2. Instruine s creating the estate or interest. to be kPared which must be executed, delivered and filed for record: A. 'Warranty Deed from City of Delray Beach, a Municipal coipom ion to the proposed insured purchaser(s). B. Note: Deeds by a municipal corporation usually are signed in the name of the city or town by the mayor or some other person authorized by the charter, tri the pfesence of taro 'subscnbing witnesses. The conveyance also. should be attested by the city clerk, sealed with the municipal seal, and madc upon a proper resolution by the municipality's governing body authorizing a We of the property. The Fund Agent should determine that such a decd "ys executed by an official authorized by the charter and that it is duly attested to by the city clerk. A Certiffcate from the, City Attorneys' Office evidencing the proper adoption of the resolution should be sighed to the deed of convcya= and recorded with it. FMN ( =.41.'lf. 13-1 FUND CY1M417MI- NT FORM Schedule B -II Commitment No,: Fund File Number. 06-2008-202 Agent's File Reference: 0600.45 ll. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Underwriter: 1. Defects, liens, wcumbrances, adverse claims or other matters, if any, created, Ftrst appearing in the public records or aunching subs cpmt to the tdfective data hereof but prior to the date the proposed Insured acquires for value of mord the estate or interest or mortgage thereon covered by this commitment. 2. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B the .standard exceptions set forth at the inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is detemnined the current year's taxes or special assessments have been paid, and it is determined these is nothing of record which would give.rise to construction liens which could take priority over the iuterest(s) insuried. herounder (where the liens would otherwise take priority, submission of waivers is necessary). 3. Any owner policy WW pursmM heneio will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to mW portion Rf the lands insured hereunder, includierg submerged, filled and artificially exposed lands,, wd lands accreted to such lands 4. Taxes for the pear 2005, which ase not yet due and payable. 5. Subject to rights of tenants under unn=rdcd leases, if any. 6. Restrictions, conditions, reservatiom, easements, and other mutters eortqined our the Plat of Map of the Torun of Linton (now Delray Beach), as recorded in Plat Book 1, PW 3, Public Records of Palm Beach County, Florida. 7. Reverter contained in Right of Way Deed recorded is Deed Book 939, Page 326, Public Records of Palm Beach County, Florida 8. Reverter contained in Right of Way Deed recorded in Deed Book 341, Page 247, Public Records of Palm Beach County, Florida. 9. Declaration of Unity of Title recorded in O.R Book 10272, Page 1511, Public Records of Palm Beach County, Florida. I0. Lease Agreement betwe= City sof Delray Beeach and The Chamber of Commerce of Delray Beach as recorded in O.R. Book 1659, Page 930; Amendments to Lease recorded in O.R. Book 3659, Page 933 and O.R. Book 1664, Page 103, Public Records of Palm Beach County, Florida. 11. Resolution No. 87-04 by the City of Delray Beach, Florida recorded in Q.R. Book 17935, Page 1635. Public Records of Palm Beach Courtly, Florida. 12. Resolution No. 1223 by the City of Delray Beach recorded in OR Book 476, Page 104, Public Records of Palau Beach, County, Florida. 13. Special Warranty Deed in favor of the State of Florida recorded in O.R. Book 497, Page 688, Public Records of Palm Beach County, Florida. Form CJC11. 8311 (rev. VW) EX'.IBIT "N" s P �Af'prallser '" Proplexa' ker Page 1 of 1 k, Location Address SE 4TH ST , Municipality DELRAY BEACH Parcel Control Number 12-43-46-16-D1-101-0140 Subdivision DELRAY TOM OF Official Records Book 22915 Page SS Sale Date OCT -2008 Legal Description TOWN OF DELRAY LTS 14 TO _6 INC SLK 101 Mailing address Owners 20 N SWINTON AVE II OELRAY SLACH CRA DELRAY BEACH FL 33444 2632 ( Sales Data Price OR Book/Page Sale Type Owner €€€ OCT -2008 $10 22916 /005S WARRANTY DEED DELRAY BEACH CRA .�..,.,........,..,.,.___._.__......._.......,...__..,------,..,__....._..._____._._.___...........__..,..,___..,_._..._.,..,...._.___._.11.1..1.._,-.......... ._.,.. Exemption Applicant/Owner Year Detail DELRAY BEACH CRA 2015 FULL: CRA'S AND DDA'S Number of Units 0 "Total Square Feet 0 Acres 0.5520 Use Cade 8900 - MUNICIPAL Zoning CBD - Centra: Business ( 12^ DELRAY BE ; Tax Year 2014 �.. 2013 2012 Improvement Value 512,241 $11,737 511,929: Land Value $1,669,754 $1,502,875 $1,303,069; Total Market Value tt 681 995 S1 514 612 51.314.998 Tau Year Assessed Vaiue Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax All values are as Df January 1st each year 2014 2013 2012 51,591,148 $1,446,498 $1,314,998' 51,591,148 $1,446,498 $1,314,998; SO to SO° 2014 2013 ._ 2012 $0 SO So 5511 SO 5511; 3511 SO S511f http://www.co.palm-beach.fl.us/papa/Asps/PropertyDetail/PropertyDetail. aspx?parcel=124... 6/23/2015 Page I of 2 PropertyDetail ......... .................. . ........ .... .............. I ..... . .... .... .. Parcel Control Number: 12434616011010140 Location Address: SE 4TH ST Owners: DELRAY BEACH CRA Mailing Address- 20 N SWINTON AVE,DELRAY BEACH FL 33444 2632 Last Sale: Not available Book/Page#: 22916 155 Price: Not available Legal Description: TOWN OF DELRAY LTS 14 TO 16 INC BLK 101 2014 Values (Current) ... ........... ............. ......... 2014 Taxes ......... ............ ...... ...... . .... ...... ....... Improvement Value $12,241 Ad Valorem $0 Land Value $1,669,754 Non Ad Valorem .110511 Total Market Value $1,681,995 0) Total Tax $511 Assessed Value $1,591,148 20114.1.Qualified Exemptions- ... ........ Exemption Amount $1,591,148 No Details Found Appl.i.c.aPt.s.. Taxable Value so , . ..... ....... All w iu,-s _axe -s of,Iaiiu_-..ry !.st each e --r No Details Found Building Footprint (Building .l) ............... Subarea and Square Footage (Building 1.) .... .. DeFcription h.reG Sq. Footag-_ N'C) T.-nac e FC3Un Cj No Data Found. . Extra Features D;_-_;criP-tion Unit PAVING- ASPHALT 18795 UiA.na,., repres-m 0e parim.2ter, square footage,;hic--r tot :I nui,,)bcr cr othrr me_ -sur, zment. -uctural Details (Building 1) Descrip'don Acres 0.5520 MAP . . . . ....... GARY R. NIKOLITS, CFA PALM REACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 012,J12IJ 12) 0 h4://www.co.pahn-beach.fl.uslpapalAspOropertyDetaillPropertyPrintNew.aspx?pvalue... 6/23/2015 ati > Lu 0) GARY R. NIKOLITS, CFA PALM REACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 012,J12IJ 12) 0 h4://www.co.pahn-beach.fl.uslpapalAspOropertyDetaillPropertyPrintNew.aspx?pvalue... 6/23/2015 EXHIBIT "O" Property Appraiser Property Aopraiser Page 1 of 1 . Location Address 64 SE STH AVE Municipality DELRAY BEACH Parcel Control Number 12-43-46-16-01-101-0172 j Subdivision DELRAY TOWN OF ` Official Records Book 22916 Page SS i Sale Date OCT -2008 Legal Description TOWN OF DELRAY S 52 FT OF LT 17 & 18 (LESS E 10 FT RD RJW) BLK 101 ........_,..____.............................._-........_...,..-.,...-........, Mailing address Owners 20 N SWINTON AVE .)ELRAY BEACH CRA ,' ; DELRAY BEACH FL 33444 2632 i Sales Date Price OR Book/Page Sale Type Owner OCT -2008 510 22916 10055 WARRANTY DEED DELRAY BEACH CRA i APR -1997 .............$190.000 0972710428 WARRANTY DEED i Exemption Appikant/Owner Year Detail 5.71 -RAY BEACH CRA 2015 FULI : CRA•S AND DDA'S Number of units 0 *Total Square Feet 6756 Acres 0.3332 Use Code 9000 - LFASEHOLD INT Zoning CBD- Central Business ( 12-DELRAY BEACH ) Tax Year 2014 2013 2012 11 Improvement Value 5312,262 $304,902 $268,932; Land Value $1,007,922 $907,188 $787,176: s Total Market Value $1,320,184 51,212,090 $1,056,108) All values are as of January 1st each year ...._-- .... ........................... .........._..,. -..... .......... .... ............... ..... ,....... Tax Year 2014 2013 2012 Assessed Value $1,277,891 $1,161,719 $1,056,1084 Exemption Amount $1,277,891 $1,161,719 $1,056,108, Taxable Value $D s0 $01 . ....... _. _............... .., ... ..,. Tax Year 2014 2013 2012 e Ad Valorem s0 SO $0 i Non Ad Valorem $2,331 s0 $2,337 Total tax $2,331 $D $2.337) http://www. co.palm-beach.fl.uslpapalAsps/PropertyDetaillPropertyDetaii.aspx?parcel=124... 6/23/2015 Page 1 of 2 PropertyDetail ....... ................... ................ .. ... ... ..... ......... ....... .......... ............. ...... ...... - ................. . Parcel Control Number: 12434616011010172 Location Address: 64 SE 5TH AVE Owners: DELRAY BEACH CRA OFFICES Mailing Address: 20 N SWINTON AVE,DELRAY BEACH FL 33444 2632 Last Sale: Not available Book/Page#: 22916 / 55 Price: Not available Legal Description: TOWN OF DELRAY S 52 FT OF LT 17 & 18 (LESS E 10 FT RD R/W) BLK 101 2014 Values (Current) I .......... I........ . ............ S. OFFICES 2014 Taxes ................. ......... .......... I Improvement Value $312,262 Ad Valorem $0 Land Value $1,007,922 Non Ad Valorem $2,331 Total Market Value $1320 184 Total Tax $2,331 I I Assessed Value $1,277,891 2014 Qualified Exemptions Exemption Amount $1,277,891 No Details Found Taxable Value $o Applicants ...... ........ ... ........ All values 1 -re :s of 1-nua[y ist each Ve:r No Details Found Building Footprint (Building 1)Subarea and Square Footage (Building 1) ..... ...... ., ... ..... ... I ......... ................. ........... . ... to D2scripkivn 19 ArezSq. Footqc OFFICES 1 2038 23 OFFICES 2 437 S3 OFFICES 3 34 OFFICES 4 797 1a - 1.1 Total Square Footage : 3306 FA—Fi`al F-070-a-Tj Structural Details (Building 1) Extra Features ", I ............... 1. YEAR BUILT 1948 2. OFFICES 2038 3. OFFICES 437 4. OFFICES 34 S. OFFICES 797 Unit pr y th-, p -rim. L -,ter, square footar2,a, h;-,2ar foulz..go., total nun, bar or other rz.icasurement. Acres 0.3332 MAP ...... ..... . . . ........ GARY R. NIKOLITS, CFA PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA ()/2J/2U13 0 hap:llviww.co.palm-beach.fl.uslpapalAspsIPropertyDetaillPropertyPrintNew.aspx?pvalue... 6/23/2015 Extra Features ", I ............... Descric'.icn Uni( WALKWAY -CONCRETE 450 PAVING- ASPHALT 27950 PAVING- ASPHALT 2745 WALL 96 Unit pr y th-, p -rim. L -,ter, square footar2,a, h;-,2ar foulz..go., total nun, bar or other rz.icasurement. Acres 0.3332 MAP ...... ..... . . . ........ GARY R. 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U) �r 'd' M N NVhl CO, U)T CH V') tF} 69} EFT EFT EPr C M N CD O .t CO N M N It I- M N (D M r rr Lo C7 LO O CO r CO -Imo- N T M d' CD !ti MD 0 N CO Lo N lq CO ccO N L{7 f- cl -- (D N M V r� M MD LO N (9 M d CO M m Cp N 01) CO N LM N C7 M if) CIO t-' CO CO 6a 6gtrirrr rNN N ff3 64 (a H-} ca cr> 60 N N N N N N N N N N LO LO Lf) LO Lo LO Ln LO Lo LSD r r r r r r r r r N N N N N N N N N N CO CO EO CO CO CD CD M M CD (.O m co CD CO CD CO CO M CD N N N N N N N N N N 61, d3 QD- ER 64 f.} 64 ff} 69' ff} r N M 7r LO (D f� CO 6) d Retiurn to: (enclose self-addressed stamped envelope) Name Address; I111ifHIM 111111 11111 hi CFN 120130300045 OR EX 26155 PG 1377 RECORDED 07/03/2013 12:50:49 Pala Beach County, Florida Sharon R. Bock,CLERK 6 C(MPTROLLER Pqs 1377 - 1359; L13pgs? TRIPARTY INTERLOCAL AGREEMENT FOR THE RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE To THE OLD LIBRARY SITE AND CHAMMER RELOCATION n� W} This Tri Party and Interlocal Agreement ( Interlocal Agreement )for the Release of the Right of erten encumbering Real Propeit I�cai within the Old Library Site is made and entered into this day of and between the City of Delray Beach, a Florida municipal corporation, (the "CITY"), the Delray Beach Community Redevelopment Agency, a body corporate and politic, created pursuant to Chapter 163, Florida Statutes, (the "CRA"), and a the Greater Delray Beach Chamber of Commerce, Inc., a Florida non-profit corporation (the "CHAMBER"). i WITNESSETH: Z WHEREAS, the CITY and CRA entered into a Transfer Agreement dated February 21, 2008, and pursuant thereto, the City conveyed real property owned by the City (the "City Parcels") to the CRA, and assigned its lease with the Chamber ("Existing Lease") to the CRA; and WHEREAS, the conveyance of the City Parcels and the assignment of the Existing Lease were subject to a right of reverter ("Reverter") in favor of the City if the CRA did not convey the City Parcels to. its purchaser within a specified period of time; and WHEREAS, the CITY, CRA, CHAMBER, and CRA's subsequent purchaser, Old Library Development, ment LLC ("OLD") ,entered into a Chamber Relocation and Public Parking Space Agreement, dated February 21, 2008 ("Chamber Relocation Agreement"), requiring the relocation of the Chamber from the (lid Lihrairy Rife ("OTA") to the CITY owned Old number of parking spaces at the OLS, both of which were contingent upon the closing of the sale of the City Parcels by the CRA to OLD; and WTIEREAS, the CRA has terminated its Purchase and Sale Agreement with OLD on September 12, 2012, thereby effectively terminating the Chamber Relocation Agreement and permitting the CITY to exercise its Reverter right requiring the CRA to reconvey the City Parcels and reassign the Existing Lease to the CITY, and WHEREAS, the parties desire to enter into another triparty agreement regarding the reassignment of the Existing Lease, the relocation of the CHAMBER to the Relocation Premises, the retention of the public's right to use parking Spaces at the OLS, and the release of the CITy's Reverter. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The above recitals are hereby incorporated as if fully set forth herein and they shall survive closing, together with any other term, condition, restriction, or covenant contained in this Agreement which is intended to be perfommed after execution of this Agreement CITY, CHAMBER, and CRA acknowledge that the Chamber Relocation Agreement is no longer of any force or effect 2 RELEASE OF REVERTER. At the time, the CITY previously conveyed the City Parcels, as identified in Exhibit "A", to the CRA, the conveyance was subject to a Reverter in favor of the CITY. A copy of the Special Warranty Deed dated October 9, 2008 and recorded on October 21, 2008 in Official Records Book 22916 at Page 0055 of the Public Records of Palm Beach County, Florida is attached hereto as Exhibit `B". The CITY does in accordance with the terms of this Agreement agree to fully and unconditionally release the Reverter as contained in the aforesaid Special Warranty Deed and allow the CHAMBER to relocate to the Relocation Premises in consideration of the payment by the CRA to the CITY of the sum of (1) One Million Seven 2 Hundred Three Thousand Sixty and no/]00 dollars ($1,703,060.00), which is the appraised value of the City parcels (which the CRA has obtained by averaging an appraisal conducted by Integra Realty at $40.00/sq. ft. and an appraisal conducted by Anderson & Carr at $45.00/sq, ft., for 40,072.00 square feet), and (2) Five Hundred Sixty Seven Thousand Eight Hundred Ten and no/100 dollars ($567,810.00), the amount OLD had agreed to pay to the CITY if CRVOLD purchase had closed, for a total payment to the City of Two Million Two Hundred Seventy Thousand Eight Hundred Seventy and no/100 dollars ($2,270,$70.00), hereinafter referred to the "Release Price". The Release Price shall bear interest at the annual rate of three percent (3.0%) on the unpaid principal balance and shall be paid within ten (10) years of the execution date of this Agreement in (10) equal annual installments of principal and interest with each payment due on the annual anniversary dates of the execution of this Agreement. The first payment shall become due one (1) year after the execution date of this Agreement. The annual principal and interest payments shall be in the amount of Two Hundred Sixty Six Thousand Two Hundred Fifteen and 24/100 dollars ($266,215.24). The CRA. shall have a grace period of fifteen (I5) days to make the annual payment when due. Payments apply first to accrued interest then to principal. CRA waives demand, protest and presentment. There shall be no prepayment penalty, however, if at any time prior to the payment in full of the Release Price, the CRA sells, transfers, leases, conveys, or otherwise disposes of all or a portion of the City Parcels to any third party (collectively a "disposition"), the CITY shall be entitled to a repayment of principal, in addition to the annual installments, in the amount of fifty percent (50%) of the net proceeds the CRA receives, from time to time and at any time, from said disposition, and said amount shall be paid to the CITY within thirty (30) days after the CRA receives the cash. Notwithstanding the obligation of the CRA to pay to the City 50% of the net proceeds to the City in the event the City Parcels are sold, in no event 3 shall the CRA be obligated to pay the City any monies above and beyond the total sum due of two million two hundred seventy thousand eight hundred seventy ($2,270,870.00) dollars. The annual Payments of principal and interest and the payments required when there is a CRA disposition are hereinafter collectively referred to as "Release Price Payments". In the event of a default by CRA of its obligation to timely pay any Release Price Payments, time being of the essence, the CITY shall be entitled to exercise any remedy as provided by law or in equity. The City shall simultaneously with the execution of this Interlocal Agreement execute and deliver a document entitled "Release of Reverter Interest", a copy of the Release is attached hereto as Exhibit "C". 3. PARKING RI GIM. The CRA agrees that the CITY shall continue to have the right to use fifty (50) code compliant parking spaces, located within three hundred (300) feet of the City Parcels for public parking, and these parking spaces shall be maintained and repaired by the CRA. The CITY shall have the right to approve the specific location of the parking spaces within the overall pemritted location, which approval shall not be unreasonably withheld. The CITY's public parking space rights shall be binding upon any successor in interest to the CRA, and CITY may record evidence of its right in the Public Records of Palm Beach County, Florida- Thus reservation of public parking spaces right shall be an easement or covenant which runs with the City Parcels and may only be released, modified, or terminated upon written authorization by the CITY. The CRA shall execute any document deemed reasonably necessary by both the C17Y and the CRA to establish the CITY's parking space rights of record. 4. CHAMBER 1NTERIOR BUILD OUT AND RELOCATION. The CHAMBER and CRA shall enter into a separate agreement which will provide for the relocation of the CHAMBER to the Reiocation Premises, which shall occur within one (1) year after the execution of this Agreement. The separate agreement shall identify CRA's obligation to reimburse the CHAMBER for any relocation expenses or costs of the interior build out at the 4 Relocation Premises up to a maximum amount of $75 per square foot of floor area, and the CHAMBER's obligation to repay the CRA for any interior build out expenses for the Relocation Premises advanced by the CRe, up to a maximum amount of $250,000. Pending the CHAMBER's, relocation; to the Relocation Premises, the CRA shall continue to be the CHAMBER's landlord at the OLS under the Existing Lease, and the CRA shall not reassign the Existing Lease to the City. The CITY and the CHAMBER shail enter into a separate agreement for the lease of the Relocation Premises. The agreements referenced above between the CRA and the CHAMBER and the CITY and the CHAMBER shall be executed at the same time as the execution of this Agreement. places: 5. COSTS. Each party shall be responsible for its oven cost, if any, 6. NOTICE. All written notices shall be deemed effective if sent to the following CRA: DneBechCca*t AgemyaExecutive Director20 N. Swinton Avenue Delray Beach, FL 33444 With a Copy to: Donald J. Doody, Esq. Goren, Cherof, Doody and Ezrol, P.A. 3049 East Commercial Boulevard, #200 Fort Lauderdale, Florida 33308 CITY: City of Delray Beach David T. Harden., City Manager 100 NW I A Avenue Delray Beach, FL 33444 With a Copy to: Brian Shutt, City Attorney 200 NW 1 st Avenue Delray Beach, FL 33444 And Steve Rubin, Esq. 9 980 N Federal Hwy Ste 434 Boca. Raton Florida 334322712 CHAMBER: Greater Delray Beach Chamber of Commerce, Inc. President 64 S.E. 5"' Avenue Delray Beach, FL 33444 7. EFFECTIVE DATE. This Agreement shall be deemed effective as of the last date that the document is executed by either all of the parties. Florida. 8. GOVERNING LAW. This Agreement shall be governed by the laws of the State of 9• ENTIRE AGREEMENT'. All prior understandings and agreements between the Parties are merged in this Agreement. This Agreement completely expresses their full agreement. 10. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any otherprovision ofthis agreemmt IL NO MERGER. All warranties„ representations, covenants, terms and conditions herein contained shall survive the delivery and recording of the deed for a period of mine months. 12. NO ORAL CHANGE. This Agreement may not be changed or amended orally. 13. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, admirustIatars, successors and assigns of CRA, CITY, and CHAMBER 14. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. 15. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals C 16. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit 17. RECORDATION. Upon full execution of this Agreement, this Agreement shall be recorded in the public records of Palin Beach County, Florida. 18. GOVERNMENTAL FUNCTIONS: a- The parties agree that this Agreement shall not constitute a waiver of any Portion of the City of Delray Beach's Code of Ordinances, Laud Development Regulations, or any other applicable law, code, or regulation, and that the CHAMBER shall comply with all applicable statutes, codes, regulations, and ordinances that apply to the CHAMBER's performance of its obligations pursuant to this Agreement. b. To the extent approval or permission must be obtained from the City of Delray Beach, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, Hiles, laws, and ordinances, and no person shall have any vested rights. C. The City nor the CRA has not waived its sovereign immunity and the limits of tort liability set forth in F. S. §768.28(5) of $200,000.00 per person and $300,000.00 per occurrence shall apply; and d. Any action by CITY shall be without prejudice to, and shall not constitute a limit or impairment or waiver of, or otherwise affect the CITY's right to exercise its discretion in connection with its governmental or quasi -governmental functions. 7 EXMIT A LEGAL DESCRIPTION OF CITY PARCELS PARCEL 3 (City Parkin Lo!): Lots 14,15 and 15, LESS the East 10 feet thereof for Road Right -of -Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, PARCEL 4 (Cit, Parking Lot) Lot 17, LESS the South 52 feet and the East 10 feet thereof for Road Right -of -Way, Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. PARCEL 5_(chamber of Commerce): The South 52 feet of Lot 17 and Lot 18, LESS the East 10 feet thereof for Road Right -of -Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the PIat thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida H:1 GOV CLIBNTSIDBCRA 6551060018 DBC12AlA MT 20121C1ean Copy DelrayChamberOSSTriparty101812 revised by DJ 10.25.12.docx EXHIBIT A LEGAL DESCRIPTION OF CITY PARCELS PARCEL 3 LCfty Parkin Lot): Lots 14,15 and 16, LESS the East 10 feet thereof for Road Right -of -Way, all ofBlocic lol of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. PARCEL 4 (City Parkin Lot): Lot 17, LESS the South 52 feet and the Fast 10 feet the eof for Road Right -of -Way, Block 101 of TOWN OF LINTON (now Deh'ay Beach), according to the Plat thereof as recorded in Plat Book I, Page 3 ofthe Public Records of Palm Beach County, Florida. PARCEL 5 (Chamber of Commerce): 1he South 52 feet ofLot 17 and Lot 18, LESS the East 10 feet thercoffor Road Right -of --Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereat as recorded in Plat Book 1, Page 3 of the Public Records ofPalm Beach County, Florida. H: -00V CL]8N7SMCRA 6551060o 18 DBCAAIAGMT 20] Melease of Rzvert" Agreement 10.31.12.docx 3 of 6 EXHIBIT "Bu Tlis 1115tMMent Prepared by: Donald L Doody, Esquire GOREN, CMDF, l O ODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 FOAUuderdale, Florida 33398 FCN: 1243-46-164)1-101-0140 12-4346-16-01-101-0171 12-43-46-16-o 1-1o1-0172 GFH 20080384594 OR BK 2. SIG PG 0055 RECDRDED 10/21/2008 15;46:24 Paha Beach County, Florida ANT 10.00 Doc Stamp 0.70 Sharoxr R- acrctc, C1.M & COMPMLLiER P95 00551 - 57; (3pps) SPECIAL WARRANTY DEED THIS INDENTURE is made tliis da of 0Gjj)bWC''y Y , 200$ by and between the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "Grantor" and the Delray Beach Community Redevelopment agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S., whose post office address is 20 North Swinton Avenue, Delray Beach, Florida 33444, hereinafter referred to as "Grantee." WITNESSETH: That said Grantor, for and in consideration of the surra of TEN ($10.00) DOLLARS, and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in PALM BEACH County, Florida, to wit. SEE ATTACHED EXHIBIT A SUBJECT TO: This conveyance is subject to a Right of Reverter in favor of the Grantor (City) in the event the Grantee (CRA) does not convey the property known as the Old Library Site to the Developer, pursuant to the Agreement for Purchase and Sale by and between fire CRA and Developer dated February 14, 2008. SUBJECT TO: Zoning, restrictions, prohibitions and other requirements unposed by gaveromental authority; restrictions and matters appearing on tate plat or otherwise common to the subdivision; public utility easement of record; traces for current year and subsequent yrs. And the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under said Grantor but against none other. [SIGNATURE CLAUSE FOLLOWS] 4of6 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year first above written. Signed, sealed and delivered City of Delray Beach, a Florida municipal in our presence: corporation VaL - D Vf (Print or Type C� AZL zanelia 0.6" -,az (Print or Type Name) STAVE OF FLORIDA COUNTY OF PALM BEACH Title: _ly)-imlo P The foregoing instrument was acknowledged before me this day of' ht,1 12008 by ,��'as of the City of Delray Beach, a Florida municipal corporation, o behalf of the City, who is personally kwwn to me or has produced a Florida driver's license as identification, ( lb--i--L it [ LdV t4L . NOTARY PUBLrc 5 of 6 EXMBPi' A LEGAL DESCRIPTION PARCEL 3 Ci Parkin Lot Lots 14,15 and 16, LESS the East -10 feet: thereof for Road Right -of -Way, all of Block 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. PCN: 12-43-46-16-01-101-0140 PARCEL 4 Ci Parkin r mt : Lot 17, LESS the South 52 feet and the East 10 feet thereof for Road Right -of -Way, Block 101 of TOWN OR-LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book I. Page 3 of the Public Records of Palm Beach County, Florida, PCN: 12-43-46-16-01-101-0171 PARCELS Chamber of Commerce The South 52 feet of Lot 17 and Lot 18, LESS the East 10 feet thereof for Road Right o'=Way, all of 1310c'k 101 of TOWN OF LINTON (now Delray Beach), according to the Plat thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, PCN: 12-43-46-16.01-101-0172 H;120M06004ASc1]ds Docs - CityluaperWS_04.16 S" to CRA.doo 6 of 6 ATTEST: Secretary ATTEST: Secretary have executed this Agreement as of the dates indicated below: CITYOF EL ACH, FLORID By: r Thomas F. Carney Jr., Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By:_ Howard Lewis, Chair GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC. �, President EITY OF DELRAY BEREH r1piry `r7n"MFI VT nFFITT 200 NW Ist AVENUE • DELRAY BEACH, FLORIDA 33444 TELEPRONE: 5611243-7094 ^ FACSIMILE: 561/278-4755 DELRAY BEACH All -America City MEMORANDUM 1 DATE: June 26, 2015 CR) 1993 TO: Mayor andk��y ommissioners 2001 FROM: Noel Pfeffe Attorney SUBJECT: Additional Question Regarding the Special Election Providing Consent to Convey the Old Library site In response to the Memo sent by this office on June 24, 2015, Vice -Mayor Petrolia asked a follow-up question regarding the deed restriction for Lots 8 and 9, specifically: Please provide additional support that under Question 9 and Exhibits "I" & "J", the requirement of "qualified" voters is met. It looks as if a majority of voters agreed with the referendum which may or may not be the majority of "qualified" voters. (The restriction on the deed that conveyed Lots 8 and 9 of Block 101 from Jennie Weaver to the City of Delray Beach states as follows): "This land is conveyed to the City of Delray Beach for municipal purposes and is not to be sold or transferred by said City without first obtaining from the qualified voters of said City permission to sell and convey said lands; said permission to be obtained at a special election to be held for the purpose for obtaining the consent and permission of the majority of the qualified voters of the City of Delray Beach, Florida." How many qualified voters existed in Delray in 2001? As required by the deed, the City held a special election on May 13, 2001 for the purpose of obtaining consent to sell Lots 8 and 9. At the time of the special election, there were 35,926 registered voters in the City of Delray Beach, but only 2221 of them voted on this question. Of the registered voters who voted, 1783 voters voted "Yes" to give their consent to convey Lots 8 and 9, and 438 voted Page 2 "No". A question has arisen as to whether consent from a majority of those registered to vote (50 percent of 35,926), and not a majority of only those who voted, was required in order to transfer these lots. A literal reading of the deed restriction suggests that consent from a majority of those residents of the City who were eligible to vote was required in order for the City to sell these lots. In fact, the phrase "majority of qualified voters" has been the subject of much litigation. Rulings from the Florida Supreme Court have interpreted the words "majority of qualified voters" to mean a majority of the qualified electors of the territory who actually voted upon the measure on election day, and not a majority of those who had the right to vote, but did not. See, Harris v. Baden, 17 So. 2d 608, 609 (Fla. 1944), Bell v. City of Ocala, 56 So. 683 (Fla. 1911). These cases, decided in the time period in which the deed was drafted, stand for the proposition that those who are qualified to vote on an issue but do not avail themselves of this privilege are deemed to assent to the results. Accordingly, the results of the special election comported with the deed restriction. MEMORANDUM TO: Mayor and City Commissioners FROM: Jeff Costello, CRA Executive Director THROUGH: Donald B. Cooper, City Manager DATE: July 2, 2015 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF JULY 7, 2015 NOMINATION FOR APPOINTMENT OF A CHAIRPERSON AND VICE -CHAIRPERSON TO THE CRA BOARD BACKGROUND Florida Statutes Chapter 163.356(c) states that the governing body of a municipality (i.e. the City Commission) is to designate the Chair and Vice Chair of the Community Redevelopment Agency (CRA) Board. The CRA Board appoints its own First Vice Chair and Treasurer. The City's LDRs, Section 8.1.1(B)(3) state that the Commission shall designate the Chair and Vice Chair on an annual basis, with the terms beginning on August 1St and ending July 31st CRA Vice Chair Annette Gray's term on the board ended with the June 25th CRA Board meeting. Herman Stevens is the Chair, Cathy Balestriere, First Vice Chair, and Bill Branning is the Treasurer. Attached is a list of the full CRA Board of Commissioners and their terms (effective July 1, 2015). DISCUSSION The item before the City Commission is the appointment of CRA Chair and Vice Chair. TIMING OF THE REQUEST The office of CRA Vice Chair will be vacant until filled. RECOMMENDATION Appoint a Chair and Vice -Chair of the Community Redevelopment Agency. 07/15 COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Beach, FL 33444 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01/2017 Herman Stevens, Chair Attorney Appt 06/16/09 Reappt 06/18/13 07/01/2018 Cathy Balestriere, Vice Chair General Manager Appt 06/17/14 07/01/2016 William Branning, Treasurer Unexp Appt 05/02/06 Reappt 07/01/08 Contractor Reappt 06/05/12 07/01/2017 Joseph Bernadel Chief Operating Appt 06/18/13 Officer 07/01/2017 Reginald Cox Chief Building Appt 07/09/13 Official 07/01/2017 Paul Zacks Attorney Appt 07/25/13 07/01/2019 Daniel Rose Attorney Appt 06/16/15 Contact Person: Jeff Costello (561)276-8640 MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: June 19, 2015 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF JULY 7, 2015 NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BACKGROUND The term for regular member, Ms. Bonnie Beer, will expire on July 1, 2015. Ms. Bonnie Beer 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 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, Mr. Alan Costilo, 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 Mr. Maxwell Van Arnem. Based on the rotation system, the nomination for appointment will be made by Commissioner Katz (Seat #3) for one (1) regular member 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 nomination for an appointment to the Downtown Development Authority Board. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for appointment for one (1) regular member to serve on the Downtown Development Authority Board for three (3) year terms ending July 1, 2018. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Peter Arts Insurance Agent David Beale Attorney Tax Qualification Bonnie Beer Restaurateur/Business Owner Incumbent Cynthia (Cindi) Freeburn Business Owner (also applying to the Green Implementation Advancement Board) Bruce Gimmy Business Owner Tax Qualification (Currently serving on the Parking Management Advisory Board) Kat Kadian-Baumeyer Real Estate Associate Andrew O'Brien Real Estate Associate Kenneth Peltzie Health Administration/Self-employed Annie Roof Attorney Jesse Saginor Urban Regional Planning Associate Professor Dorota Szwem Architect Maxwell Van Arnem Real Estate Sales Associate Tax Qualification Bryan Weber Attorney (Currently serving on the Board of Adjustment) DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4`h Avenue, Suite #108 Delray Beach, FL 33483 3 years term 06/15 Marjorie Ferrer Executive Director ofDDA TERM REGULAR MEMBERS EXPIRES 07/01/2017 Albert Richwagen, Secretary *Tax qualification Appt06/21/11 Reappt07/01/14 07/01/2017 Ryan Boylston *Tax qualification Appt07/05/11 Reappt06/17/14 07/01/2015 Bonnie Beer, Treasurer Appt06/19/12 07/01/2017 Frank Frione Appt06/17/14 07/01/2018 Alan Costilo *Tax qualification Reg Appt06/16/15 07/01/2017 Mark Denkler *Tax qualification Appt 12/02/14 07/01/2016 Seabron A. Smith, Vice Chair Unexp Appt07/21/09 Reappt07/06/10 Reappt06/18/13 Contact person: Marjorie 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 Authority 85 SE 4th Avenue, Suite #108. Delray Beach, FL 33483 Fax: 561-243-1079 Cell: 561-271-3168 ti o 00000000000 00 0 00 MEMORANDUM TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: June 24, 2015 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF JULY 7, 2015 NOMINATIONS FOR APPOINTMENT TO THE KIDS AND COPS COMMITTEE BACKGROUND The terms for Ms. Jennifer Aracri (At -Large Representative), Mr. Frances Moschette (At -Large Representative), Ms. Phyllis Willingham (At -Large Representative), and Ms. Cory Cassidy (Citizen- at - Large Representative) will expire on July 31, 2015. Ms. Aracri will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Mr. Moschette will have served four (4) consecutive terms and would like to be nominated for reappointment. Ms. Phyllis Willingham will have served three (3) consecutive terms and would like to be nominated for reappointment. Ms. Cassidy will have served four (4) consecutive terms and would like to be nominated for reappointment. Code of Ordinances, Chapter 32, Section 32.41(B) provides for authorization of additional two (2) year terms by a majority vote of the City Commission. Nominations for appointment are needed for three (3) At - Large -Representatives and one (1) Citizen -at -Large -Representative. The Kids and Cops Committee was established as an advisory board to the City Commission in May 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. Over the years, membership has evolved to include "At -Large Representatives" which has provided the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen -at -Large Representative" and "At Large Representative" category. The other appointments are made by the various groups involved and presented to the Commission for ratification. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" Attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the nominations for appointment will be made by Commissioner Jacquet (Seat #2), Commissioner Katz (Seat #3), and Commissioner Jarjura (Seat #4) for three (3) At -Large Representatives. Mayor Glickstein (Seat #5) will nominate one (1) Citizen -at -Large Representative to serve on the Kids and Cops Committee for two (2) year terms ending July 31, 2017. DISCUSSION This item is before the City Commission for nominations for appointment to the Kids & Cops Committee. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for three (3) At -Large Representatives and one (1) Citizen -at - Large Representative to serve on the Kids and Cops Committee for two (2) year terms ending July 31, 2017. KIDS AND COPS COMMITTEE EXHIBIT A Jennifer Aracri (Incumbent) Cory Cassidy (Incumbent) Kenya Madison Educator Francis Moschette (Incumbent) Phyllis Willingham (Incumbent) KIDS AND COPS 06/15 TERM EXPIRES REGULAR MEMBERS ORGANIZATION REPRESENTED 11/30/2015 Marissa Tata Banyan Creek Elem. Appt11/06/13 11/30/2015 Vacant Carver Middle PBC School District 11/30/2015 Tosi Rigby Crosspointe Elem. Appt11/06/13 11/30/15 Rona Tata SD Spady Elementary Reapptll/06/13 Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 11/30/15 Danielle Beardsley Parks and Recreation Reapptll/06/13 Ratified 02/07/06 Reapptll/07/07 Ratified 12/11/07 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 11/30/2015 Vacant Police Department 11/30/2015 Adrian Rackauskas, Chair Police Department Unexp Appt 11/02/11 Ratified 01/03/12 Reappt11/06/13 07/31/15 Jennifer Aracri At Large Representative Unexp Appt 01/03/12 Reappt07/25/13 07/31/15 Francis Moschette At Large Representative Reappt02/07/06 Reapptll/11/07 Reapptll/17/09 Reappt08/16/11 Reappt07/25/13 07/31/15 Phyllis Willingham At Large Representative Appt 03/03/08 (partial term) Reapptll/17/09 Reappt09/06/11 Reappt07/25/13 11/30/15 Sheila Bethel Pinegrove Elem. Unexp Appt 09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 Reappt11/06/13 11/30/15 Angelica (Rotondo) Bradford Orchard View Elem. Unexp Appt09/03/08 Ratified 03/17/09 Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 Reappt11/06/13 07/31/15 Cory Cassidy Citizen at Large Ratified 02/07/06 Representative Reappt12/11/07 Reappt11/17/09 Appt08/16/11 Rea t07/25/13 11/30/2015 Alissa Broadway Plumosa Elem. Reappt09/02/09 Ratified 11/17/09 Reappt10/05/11 Ratified 11/01/11 A t11/06/13 S/City Clerk/Board 15/Kids&Cops Contact Nicole Guerriero: 243-7841 aN i z Z 41! P4 S. --t --t 0 P4 V1a v SK Vz Vz Nz V,/ Vz Vz `Vz 'vz 'vz 'vz Nz 'v,/ 'vz 'vz `Vz 'vz \-,/ 'vz \-z 'vz NN.z 'A MEMORANDUM TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: June 24, 2015 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF JULY 7, 2015 NOMINATIONS FOR APPOINTMENT TO THE NUISANCE ABATEMENT BOARD BACKGROUND The term for regular members Ms. Greta Britt, Ms. Carol Anderson, Mr. Philip Friedman and alternate member Ms. Arline Sherman, will expire on July 31, 2015. Ms. Greta Britt and Ms. Arline Sherman will have served two (2) full terms and are not eligible for reappointment. Ms. Carol Anderson will have served one (1) full term and would not like to be nominated for reappointment. Mr. Philip Friedman will have served one (1) full term and would like to be nominated for reappointment. Please note that there is a vacancy for an unexpired term ending July 31, 2016. Nominations for appointment are needed for three (3) regular members and one (1) alternate member to serve two (2) year terms ending July 31, 2017. However, only three (3) appointments will be made because there are only three (3) applicants at this time. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business, or be an officer; director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. 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 the individuals are registered. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat # 2) for three (3) regular members to serve two (2) year terms ending July 31, 2017. DISCUSSION This item is before the City Commission for nominations for appointment to the Nuisance Abatement Board. TIMING OF THE REOUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for three (3) regular members to serve on the Nuisance Abatement Board for two (2) year terms ending July 31, 2017. NUISANCE ABATEMENT BOARD EXHIBIT A Philip Friedman Retired Assistant Director / Incumbent Richard Sachs Director / Marketing -Sales Peter Sclafani Retired / Executive Director NUISANCE ABATEMENT 06/15 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/2016 Adam Reback Operations Consultant Unexp Appt 08/07/12 Reappt07/25/13 Appt re07/15/14 07/31/2015 Greta Britt N/A Appt 07/05/11 Reappt07/25/13 07/31/2015 Philip Friedman Assistant Director Appt 07/25/13 07/31/2016 Vacant 07/31/2015 Carol Anderson Personnel Unesxp Appt 08/21/12 Administration Reappt07/25/13 ALTERNATES 07/31/2015 Arline Sherman Retired/Physical Appt 08/07/12 Therapy Reappt07/25/13 07/31/2015 Vacant BOARD COUNSEL Steve D. Rubin, Esq POLICE LEGAL ADVISOR Cathy Kozol Contact: Yolaina Ruiz 243-7056 S/City Clerk/Board 15/Nuisance Abatement O ti ii MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: June 24, 2015 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF JULY 7, 2015 NOMINATIONS FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD BACKGROUND The term for regular members Ms. Giulia Pace, Ms. Stephanie Bedenbaugh, Alternate members Ms. Anne Kingsbury and Ms. Katherine Lembovski will expire on July 31, 2015. Ms. Giulia Pace, Ms. Anne Kingsbury and Ms. Katherine Lembovski will have served unexpired terms, are eligible, and would like to be nominated for reappointment. Ms. Stephanie Bedenbaugh would have served two (2) full terms and is not eligible for reappointment. Please be advised that Ms. Anne Kingsbury and Ms. Katherine Lembovski are alternate members and would like to be considered for regular membership. Nominations for appointment are needed for two (2) regular members and two (2) alternate members to serve two (2) year terms ending July 31, 2017. On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Implementation Advancement Board for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Green Implementation Advancement Board shall consist of five (5) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director, or manager of a business located within the City. 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 Ms. Giulia Pace, Ms. Sandy Trento and Ms. Katherine Lembovski. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5) and Commissioner Petrolia (Seat #1) for two (2) regular members to serve two (2) year terms ending July 31, 2017. Commissioner Jacquet (Seat #2) and Commissioner Katz (Seat #3) will nominate two (2) alternate members to serve two (2) year terms ending July 31, 2017. DISCUSSION This item is before the City Commission for nominations for appointment to the Green Implementation Advancement Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for an appointment of two (2) regular members and two (2) alternate members to serve on the Green Implementation Advancement Board for an unexpired term ending July 31, 2017. GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT "A" Cynthia (Cindi) Freeburn Business Owner (also applying to the Downtown Development Authority Board) Anne Kingsbury Paralegal Clerk / Incumbent - Alternate Katherine Lembovski Finance / Incumbent - Alternate Doris Muscarella Public Relations & Marketing Giulia Pace Vice President — Investment Research / Incumbent Marianne Regan Human Resources Assistant (also applying to the Public Art Advisory Board) Sandy Trento Educator (also applying to the Public Art Advisory Board) GREEN IMPLEMENTATION ADVANCEMENT BOARD 06/15 TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2015 Giulia Pace Vice President/ Investment Unexp Appt + 2 yr. 02/19/13 Research 07/31/2016 Bruce Bastian, Vice Chair Business Development Unexp Alt Appt 05/20/14 Manager Appt Reg 07/15/14 07/31/2016 Frederick Kaub President — Environmental Unexp Alt Appt 06/03/2014 Services Appt Reg 07/15/14 07/31/2015 Stephanie "Chloe" Bedenbaugh, Human Resources Unexp Alt 03/02/10 Chair Unexp Reg Appt 04/05/11 Reappt06/21/11 Reappt10/15/13 07/31/2016 Nancy Richards Elder Mediation Specialist Appt 7/15/14 ALTERNATES MEMBERS 07/31/2015 Anne Kingsbury Paralegal Clerk Unexp. Appt 10/07/14 07/31/2015 Katherine Lembovski Finance Unexp. Appt 10/07/14 S/City Clerk/Board 15/Green Implementation Advancement Board Contact: John Morgan 243-7324 wN wN MEMORANDUM TO: Mayor and City Commissioners FROM: Donald Cooper, City Manager DATE: June 25, 2015 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF JULY 7, 2015 NOMINATIONS FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD BACKGROUND The term for regular members Mr. Daniel Bellante, Mr. Glen Weiss and Ms. Patricia Truscello will expire on July 31, 2015. Mr. Daniel Bellante will have served one (1) full term, is eligible, and would like to be nominated for reappointment. Mr. Glen Weiss and Ms. Patricia Truscello will have served one (1) full term and would not like to be nominated for reappointment. Nominations for appointment are needed for three (3) regular members to serve two (2) year terms ending July 31, 2017. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following 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 Ms. Sandy Trento. Based on the rotation system, the nominations for appointment will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Katz (Seat #3) for three (3) regular members to serve two (2) year terms ending July 31, 2017. DISCUSSION This item is before the City Commission for nominations for appointment to the Public Art Advisory Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nominations for appointment for three (3) regular members to serve on the Public Art Advisory Board for two (2) year terms ending July 31, 2017. PUBLIC ART ADVISORY BOARD EXHIBIT A Daniel Bellante Business Owner / Incumbent Diane Carter Photography / Artist Amy Holland Retired/Free Lance Designer Francesca Mallows Independent Artist Neil Ptashkin Marketing & Advertising Marianne Reagan Human Resources Assistant (also applying to the Green Implementation Advancement Board) Sandy Trento Educator (also applying to the Green Implementation Advancement Board) Joyce Warner Educator Christina Wood Editor Manager of Art & Culture Magazine PUBLIC ART ADVISORY BOARD 06/15 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/15 Daniel Bellante, Chair Business Owner Unexp Appt 03/20/12 Reappt07/09/13 07/31/16 Steven Blackwood Sculptor/Artist Appt 04/06/15 07/31/15 Glenn Weiss Public Art Consultant Unexp Appt 09/04/14 07/31/16 Shirl Fields Jewelry Appt 07/15/14 Designer/Retired 07/31/16 Kevin Rouse Artist/Photographer Appt 07/17/12 Reappt07/01/14 07/31/16 Carolyn Pendelton-Parker, Vice Chair Landscape Architect Appt 08/07/12 Reappt07/01/14 07/31/15 Patricia Truscello Public Relations Appt 05/21/13 Unexp Appt + Specialist 2 yr Contact: Suzanne Davis 243-7151 S/City Clerk/Board 15/Public Art Advisory Board MEMORANDUM TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: June 8, 2015 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JULY 7, 2015 ORDINANCE NO. 10-15 (SECOND READING) BACKGROUND At the March 31, 2015 Regular Commission Meeting, Ordinance No. 10-15 was approved on First Reading. DISCUSSION This ordinance is before Commission for second reading to amend Chapter 33, "Police and Fire Rescue Departments", Section 33.60 "Definitions", Section 33.62, 'Benefit Amount and Eligibility", and Section 33.689, "Retirement Benefit Enhancement"; to conform the Code to the terms of the new Collective Bargaining Agreement. RECOMMENDATION Recommend approval on second and final reading of Ordinance No. 10-15. Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: March 13, 2015 SUBJECT: AGENDA ITEM 11.A. - MEETING OF MARCH 31. 2015 ORDINANCE NO. 10-15 (FIRST READING) BACKGROUND On December 22, 2014, the City Commission approved the Collective Bargaining Agreement (CBA) between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. (PBA) for the Police Officers and Sergeants. The term of the CBA is for a three year period ending September 30, 2017. As a result of the new labor agreement, existing provisions of Chapter 33 "Pensions" of the City Code of Ordinances (Code) need to be amended to conform the Code to the terms of the CBA. Attached, are proposed amendments to the pension ordinance which have been prepared by the City Attorney and Jim Linn, the City's special pension counsel. The proposed revisions have also been reviewed by the Human Resources Division. Additional amendments will be required to be made to the City pension ordinances at a later time regarding the agreed upon changes to the composition of the pension board, withdrawal from participation in Chapter 185, and use of Chapter 185 premium tax money. These ordinance amendments are being deferred until the conclusion of negotiations with the police lieutenants and firefighters so that a comprehensive revision consistent with all state law requirements can be drafted. By way of background, the amendments in this Ordinance are intended to implement the agreed upon pension plan revisions described below: PBA Summary of Tentative Agreed Pension Provisions Member Grouping Criteria Provisions Group 11 active members with 20+ Tier 1 years of service and all retired No change in pension benefits and terminated members . Multiplier reduced from 3.5% to 3% for all future service, all retirement benefits http://itwebapp/NovusAgenda/Preview.aspx?ItemID=8968&MeetingID=548 4/7/2015 Page 2 of 2 LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. RECOMMENDATION Approve on first reading Ordinance No. 10-15 amending Chapter 33 of the Code of Ordinances to conform the Code to the terms of the new Collective Bargaining Agreement. http://itwebapp/NovusAgenda/Preview.aspx?ItemID=8968&MeetingID=548 4/7/2015 determined using the final average compensation as of the retirement /termination date. Tier 2 11 Active members with at least 10 but less than 20 years of . Starting benefit limited to $108,000 per year . Employees that reach 20 years of service will retain the 3.5% multiplier for all years of service service prior to the Plan change. . Compensation includes 25 hours of overtime. . Participants remain eligible for DROP . COLA of not less than 1% will continue to be applied annually. . Multiplier reduced from 3.5% to 3% for all future service, all retirement benefits determined using the final average compensation as of the retirement termination date. • Compensation excludes any overtime earned after the Plan change o . COLA of not less than 1% will continue to be Tier 3 11 current active members not vested at the time of Plan change applied annually. . Participants remain eligible for DROP . Change average final compensation from 3 ears to 5 out of last 10. . Starting benefit limited to $108,000 per year . All benefits accrue at 2.75% multiplier. . Benefit limited to 68.75% of final average compensation. . Normal Retirement changed to the later of age Tier 4 embers hired after the Plan change 55 or 25 years of service . Eliminated Early Retirement . Compensation excludes any overtime. . Change average final compensation from 3 ears to 5 out of last 10. . Starting benefit limited to $108,00 erear LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. RECOMMENDATION Approve on first reading Ordinance No. 10-15 amending Chapter 33 of the Code of Ordinances to conform the Code to the terms of the new Collective Bargaining Agreement. http://itwebapp/NovusAgenda/Preview.aspx?ItemID=8968&MeetingID=548 4/7/2015 ORDINANCE NO. 10-15 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 33 "POLICE AND FIRE -RESCUE DEPARTMENTS" AT TITLE 3 "PENSIONS," BY AMENDING SECTION 33.60, DEFINITIONS; AMENDING SECTION 33.62, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 33.689, RETIREMENT BENEFIT ENHANCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach and Palm Beach County Police Benevolent Association recently ratified a collective bargaining agreement for October 1, 2014 through September 30, 2017; and WHEREAS, the collective bargaining agreement contains numerous changes to the pension benefits of police officers; and WHEREAS, to implement the pension changes, it is necessary to amend the Police and Firefighters Retirement System, codified in Sections 33.60 through 33.73 of the Delray Beach City Code. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Recital Adopted. That the above -stated recital is hereby adopted and confirmed. Section 2. Code Amended. That Section 33.60 "Definitions" of the City Code is hereby amended to read as follows: Sec. 33.60. - DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Average monthly earnings. a�_One thirty-sixth of the arithmetical average for the highest consecutive thirty -six-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive twenty -four-month period, as calculated prior to the effective date of Ordinance No. 17-04. (2) Notwithstanding paragraph (1) above, for police officer members hired after [DATEI, average monthly earnings means one sixtieth of the arithmetical average for the highest five ,years of the last ten , eTrspreceding the actual retirement or termination of the member. 43)—In addition to other applicable limitations set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation of each member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a) (17) (B) of the Internal Revenue Code, as amended for cost of living increases, which is incorporated herein by reference. Earnings. Prior to October 1, 2006, earnings shall mean base wages paid to a member, including state education compensation, police basic education and police and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for firefighter members shall mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for police officer members, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payments. Effective [DATU, earnings for police officer members who are employed and have less than ten (10)years of continuous service on [DATU, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twen -five (25) hours per fiscal ,year of overtime compensation earned through [DATU, but excluding overtime compensation earned after [DAT" bonuses and any other payments. Earnings for police officer members hired after [DATU shall mean basic wages paid to the member including state education compensation, police basic education, police career education compensation, but excluding overtime compensation, bonuses and any other payments. Police Oacer Member. A police officer member is any employee classified as a full-time sworn police officer or police officer in training who is included in the police officers and sergeants bargaining unit or not included in an) bargaining unit on the effective date of this ordinance. A police officer member shall also include members of the police lieutenants bargaining unit upon ratification of a collective bargaining agreement containing the provisions of this ordinance. Section 3. Code Amended. That Section 33.62 "Benefit amounts and eligibility" of the City Code is hereby amended to read as follows: Sec. 33.62. - BENEFIT AMOUNTS AND ELIGIBILITY. 2 Ord No. 10-15 (A) Normal Retirement Date. This term shall have the following meanings: (1) For employees who are eligible to become members of the system as of its effective date, the normal retirement date shall be the date of their fifty-second birthday, regardless of the number of years of continuous service. (2) For employees who are members of the system and terminate employment prior to October 1, 1989, the normal retirement date shall be the first day of the month coincidental with or subsequent to their fifty-second birthday and the completion of twenty (20) years of continuous service. (3) For employees who are members of the system and elect to retire or terminate employment on or subsequent to October 1, 1989, the normal retirement date shall be the first day of the month coincident with or subsequent to completion of twenty (20) years of continuous service. (4) For employees who are members of the system and retire or terminate employment on or after December 31, 1999, the normal retirement date shall also be the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service. (5) For police officer members hired after [DATEI, the normal retirement date shall be the first day of the month coincident with or subsequent to age fif , -five (55) and the completion of ten (10)years of continuous service, or completion of twen , -five (25)years of continuous service, regardless of age. (B) Normal Retirement Benefit (1) Normal Retirement Benefit -for Fire�zQhterMembers. {4 aSDuration, Survivor Benefits. A firefighter member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. {�4Amount. Normal retirement benefits shall be in the amount of two and one-half (21/2) percent of average monthly earnings for each year of continuous service for firefighter members e layees with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a firefighter member has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a firefighter member's total benefit be less 3 Ord No. 10-15 than two (2) percent of average monthly earnings for each year of continuous service. However, firefighter members as of the effective date shall receive at their normal retirement date (age fifty-two (52) regardless of years of service) the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. {�(c) Firef�hter Members -Optional Enhanced Multiplier. {a 1) Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. {�42�__Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. {�}!�__Notwithstanding any provision of the System to the contrary, a firefighter member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall 4 Ord No. 10-15 thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Firefighter members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). {�44�—The election to receive the enhanced multiplier under this paragraph must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this paragraph, or if an eligible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph 4b �, and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. { d Upon becoming eligible for normal retirement, a firefighter member shall be one hundred (100) percent vested in his accrued benefit. (2) Normal Retirement Bene or Police Oacer Members. (�) Duration. Survivor Benefits. A police officer member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one :ear and sixt� (60) percent of that amount continued thereafter until the earlier of death or remarriage. (b) Amount. Normal retirement benefits shall be in the amount of two and one-half (21/2 percent of average monthly earnings for each ,near of continuous service for employ with more than ten (10) but less than twent,�(20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a police officer member has attained twent,:(20) or more ,:ears of continuous service, subject to a maximum of sevent, -five (75) percent of average monthly earnings. Provided, however, that in no event shall a police officer member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, police officer members employed on [DATEI shall receive at their normal retirement date the greater of the benefit provided by the formula above or fift(50) percent of average monthly earnings. (c) Police Oce Members - Optional Enhanced Multi4lier. 5 Ord No. 10-15 (1) Notwithstanding an3provision of subsection to the contrary, a police officer member who is activetT�plo,T�y the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5)percent of average monthly earnings for each ,near of continuous service if the member attains twent� (20) or more ,nears of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64"A , until [DATEd, and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (2) Notwithstanding an):provision of subsection a (2)U to the contrary, a police officer member who is actively emplo eTby the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5)percent of average monthly earnings for all future continuous service after making such election if the member attains twent� (20) or more ,:ears of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64A� until [DATEI. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, b): pang the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (3) Notwithstanding an):provision of subsection U (2) (b) to the contrary, a police officer member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) ma elect T a normal retirement benefit in the amount of three and one-half (3.5)percent of average monthly earnings for future continuous service after making such election if the member attains twentL(20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64�A , through LDATU. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, b�: pa):ing the full actuarial cost of the enhanced mul6plier,l2lus the full cost of any actuarial or other professional services required. Police officer members hired on or after Ord No. 10-15 April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). (4) If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twent� (20)Vears of continuous service, the member's benefit shall be determined in accordance with subsection DB2) (b), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each ,near of continuous service. (d) Normal Retirement Benefit or Police Oacer Members Eective [DATE (1) Notwithstanding an: other provision of this section 33.62, the normal retirement benefit for police officer members employed on [DATU, and police officer members hired after [DATU shall be determined in accordance with this subparagraph (d). (2) The normal retirement benefit for police officer members with twent,:(20)o more ,:ears of continuous service on [DATU shall be determined in accordance with paragraphs (b) and (cabove. (3) The normal retirement benefit for police officer members who are employed and have less than twent,:(20)Vears of continuous service on [DATEI shall be shall be determined in accordance with paragraphs U and (c) above for continuous service through [DATU, and three (3) percent of average monthly earnings for continuous service after [DATEI, subject to a maximum annual starting benefit of $108,000. (4) The normal retirement benefit for police officer members hired after [DATEI shall be two and three-fourths (2.75) percent of average monthly earnings for each:ear of continuous service, subject to a maximum annual starting benefit of $108,000 and further subject to a maximum benefit of six -eight and three- fourths (68.75) percent of average monthly earnings. (e) Upon becoming eligible for normal retirement, a police officer member shall be one hundred (100) percent vested in his accrued benefit. (C) Early Retirement Date. On or after December 31, 1999, a police officer member hired on or before fDATEI. or a firefighter member may retire on or after the early retirement date, which shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of continuous service. Early retirement is retirement from active employment with the City on or after the early retirement date and prior to the normal retirement date. A police officer member hired after [DATU shall not be eligible for earl,: retirement. (D) Early Retirement Benefit. The amount of the early retirement benefit shall be determined in the same manner as the normal retirement benefit, except that continuous service and average final compensation shall be determined as of the early retirement date. The benefit payable shall be 7 Ord No. 10-15 reduced by three (3) percent for each year by which the commencement of benefits precedes the normal retirement date. The early retirement benefit provided in this subsection (D) shall have no application to the early retirement incentive provided in Section 33.687. Section 4. Code Amended. That Section 33.64 "Contributions" of the City Code is hereby amended to read as follows: Sec. 33.64. - CONTRIBUTIONS. (A) Member Contributions. (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three (3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (2) Effective the first pay period starting after May 3, 2011, members of the retirement system employed as firefighters shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (3) Effective the first pay period starting after October 4, 2011, members of the retirement system employed as police officers shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (4) Notwithstanding any other provision of this section 34.64, members of the retirement system hired on or after April 9, 2013 shall make regular contributions to the Trust Fund at a rate equal to nine (9) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (5) Notwithstanding any other provision of this section 34.64, police officer members employ on [DATEI shall make regular contributions to the Trust Fund at a rate equal to nine (91 8 Ord No. 10-15 percent of their respective annual earnings. Eligible employ, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has earned the maximum normal retirement benefit payable under the S3Tstem- 46� The City shall pick up the member contribution required by subsections (A) (1), (A) (2), (A) (3) and (A) (4) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h) (2) of the Internal Revenue Code. No employee shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the System. Section 5. Code Amended. That Section 33.689 "Retirement Benefit Enhancement" of the City Code is hereby amended to read as follows: Sec. 33.689. - RETIREMENT BENEFIT ENHANCEMENT. (A) Effective October 11 1994, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City Police Officer or Firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the system to all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to chapters 175 and 185, Florida Statutes. A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received by the City. (B) Firefighter retirees. To the extent total annual premium tax revenues received pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine hundred ninety-five dollars ($197,995.00), the annual one percent minimum adjustment for firefighter retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. (C) Police officer retirees. To the extent annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, exceed three hundred six thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred forty-six thousand four hundred seven dollars ($446,407.00), the annual one percent minimum adjustment for police officer retirees will be 9 Ord No. 10-15 increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of such premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. Annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00) shall be used to provide for the inclusion of overtime compensation, up to a maximum of three hundred hours per year, that the actuary for the plan determines may be funded on an actuarially sound basis entirely with annual Chapter 185 premium tax revenues in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00). When the actuary for the plan determines that adequate premium tax revenues received pursuant to Chapter 185 in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00) annually have been allocated to fully fund on an actuarially sound basis the inclusion of three hundred hours of overtime compensation annually in the earnings of active police officers who are not participating in the Deferred Retirement Option Plan, then all future additional premium tax revenues shall be used to provide the annual benefit adjustment for police officer retirees. (D) The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. (El Notwithstanding any other provision of this section 33.689, effective [DATEI no further benefit enhancement or benefit adjustment shall be paid to police officer retirees, other than the one percent per :ear benefit increase provided in subsection (A) above. Section 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 7. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that this Ordinance shall become and be made a part of the City of Delray Beach City Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 8. Effective Date. That this Ordinance shall be effective immediately upon its passage on second and final reading. 10 Ord No. 10-15 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2015. Attest: City Clerk First Reading Second Reading MAYOR 11 Ord No. 10-15 MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: June 23, 2015 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JULY 7, 2015 ORDINANCE NO. 12-15 (SECOND READING) BACKGROUND At the first reading on June 16, 2015, the Commission passed Ordinance No. 12-15. DISCUSSION This ordinance is before Commission for second reading for 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 fmding 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). RECOMMENDATION Motion to Approve Ordinance No. 12-15 on second and final reading. LAMA '& itwebapp/NavusAgerdalPreview-as px?Item ID=9195&Me"ID=570 MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 17, 2015 SUBJECT: AGENDA ITEM M.A. - 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 1 st Street. The two parcels measure a total of .31 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 http:/rtwebappMuvusAgenda(Preview.aspx?ItemD=9195&MeetinglD=570 1i2 6/2312095 itwebapplNavusAgenda/Preview.aspx7ltemID=9195&MeetinglD 574 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 KralI stepped down). LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. 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). http:lf twebapp/NovusAgendaJPreview.aspx?item I D= 9195&M eetingla= 570 2J2 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/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 SW 6TH AVENUE, 334 FEET SOUTH OF WEST ATLANTIC AVENUE, AND LAND LOCATED ON THE EAST SIDE OF SW 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. 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 0.155 acre parcel of land located on the west side of SW 6m Avenue, 334 feet south of West Atlantic Avenue, and a 0.16 acre parcel of land located on east side of SW 7m 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 , 2015. ATTEST City Clerk First Reading Second Reading MAYOR 3 ORD NO. 12-15 m A V E N U E .1 REZONNGPROPERTY N UPTOWN ATLANTIC PLANNING AND ZONING SUBJECT PROPERTY DEPARTMENT LOCATION MAP DIGITAL Z?4S4' AMP SYSTEM MAP REF. S.,\Plorsnlng & Zonlng\0BMS\Fllo—Cab\Z—LM 101-1500\LM1490—Uptown AttanVc ti t 1 OWN J_— 7 I do .'�s��/��/.�,� y3�.31 14b.'"r'ON97 8s• r..al !/'Oro�! �'/PO p"Im f/ O v 10 � ff �15 AWA 11 JA p�,i I''y 41 !!� I,�� ' ► �� :i�„�i*� '! r� I�r. �`j 1 � � ; �d �a fi'�t ��P•{o s, � - i. lie s.�a J:a !I ;"!� 9 1 I "�'�f ^?�♦ �'Cs/'l',} r+ �,��'•f ��5"•'�.-' F �. I y: IV PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: May 18, 2015 ITEM: Privately -initiated 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: Owner ....................................... Delray Beach CRA Applicant ............................... John Flynn, Jr., Equity Enterprises USA, Inc. Agent .......................................... Currie Sowards Aguila Architects Location ...................................... West side of SW 6th Avenue, and East side of SW 7th Avenue, between West Atlantic Avenue and SW 1St Street Property Size.. ............................ .31 acres Existing FLUM....................... MD (Medium Density Residential 5- 12 du/ac) Proposed FLUM..................... CC (Commercial Core) Existing Zoning ..................... RM (Medium Density Residential) Proposed Zoning .................... CBD (Central Business District) Adjacent Zoning................North: CBD East: RM South: RM West: CBD Existing Land Use ...................... Vacant Proposed Land Use .................... Construct a portion of a townhome, park/tot lot, and parking as part of a larger development Water Service ............................. Available via connections to an 8" main within SW 6th and SW 7th Avenues Sewer Service ............................. Available via connections to existing sewer lines within SW 6th and SW 7th Avenues �� °�■I I ■ 111■ ■■ r'FY gR�■ _IIIb ■■ Ell 1.1 M ■■ 11111 �� EIll ■■ 11111111■1 ■ � Emil ,� �■ �1 ISI■ �� ■ter ■� _�,� ■■ 11■1 ■ 1■i ■Mel �.�■ 11111 �� I�J�I p ME ■ Iflii�l ■ ■: ■ 0� ■� ■111 ■1 ■1 1111■ 111 Millis IIIA ■ ■ � ■Im 1111: ■ ■ 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 6t" Avenue and SW 91" Avenue. The two properties are currently vacant; one is located on SW 6t" Avenue, and the other is located on SW 7t" 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 6t" Avenue and SW 9t" 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 6t" Avenue and SW 7t" 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(1). 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, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (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 supported 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 ❑ 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 associated 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. 0 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 is 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. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. 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 10th 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 with the properties to the north will assist in achieving the the neighborhood. The proposed FLUM amendment and development proposal which will provide 112 new dwelling 6,250 square feet of restaurant, and 44,481 square feet grocery store. to their size; however, their aggregation necessary infill development to enhance rezoning is associated with an overall snits, 17,200 square feet of office space, of retail use, including a neighborhood 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 10th 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. 0 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 6th and 7th Avenues. Sewer service is available via connections to existing sanitary sewer lines within SW 6th and 7th 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. 0 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. 0 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 *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 LDR 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 LDR 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 and/or 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 6th Avenue and SW 91h Avenue, just east of the recently completed Fairfield Inn. The Southwest 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 7t Avenue Parcel North* CBD Vacant East* RM Vacant & Single -Family Residence South RM Single -Family Residence West* CBD Single -Family (Non -conforming use; vacant unit *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 LDR 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 LDR 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 and/or 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 6th 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 2nd 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. Report prepared by: Amy Alvarez, Senior Planner N SUBJECT PROPERTY UPTOWN ATLANTIC PLANNING AND ZONING DEPARTMENT EXISTING FUTURE LAND USE MAP -- DIGITAL Et4SEE MAP SYSTEM -- MAP REF: &VIonning & Zoning\DBMS\File—Cob\Z—LM 1001-1500\LM1496_Uptown Atlantic Existing Zoning SUBJECT PROPERTY UPTOWN ATLANTIC PLANNING AND ZONING DEPARTMENT PROPOSED FUTURE LAND USE MAP -- DICRAL EASE MAP 5Y57EM -- MAP REF: S:\Planning & Zoning\06MS\File—Cab\Z—LM 1001-1500\LM1496—Uptown Atlantic Existing Zoning o — N SUBJECT ^^PROPERTY UPTOWN ATLANTIC PLANNING AND ZONING I� DEPARTMENT EXISTING ZONING MAP -- DIGITAL &ISE MAP SY57EM -- MAP REF: S:\Planning & Zoning\DBMS\Flle—Cab\Z—LM 1001-1500\LM1406—Uptown Atlontic Existing Zoning -- DIGITAL 84SE MAP SYSTEM -- MAP REF; S:\Plonning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1496—Uptown Atlontc Exiating Zoning SUBJECT PROPERTY UPTOWN ATLANTIC PLANNING AND ZONING DEPARTMENT PROPOSED ZONING MAP -- DIGITAL 84SE MAP SYSTEM -- MAP REF; S:\Plonning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1496—Uptown Atlontc Exiating Zoning MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: June 23, 2015 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JULY 7, 2015 ORDINANCE NO. 13-15 (SECOND READING) BACKGROUND The item before the City Commission is the Second Reading of Ordinance No. 13-15 for Land Development Regulations (LDR) Amendments regarding the relocation of historic structures. At its meeting of June 16, 2015, the City Commission approved the Ordinance on First Reading with suggested revisions as follows: . Section 4.3.4(E)(6)(k), Failure to Successfully Relocate Historic Structures: Revised to clarify the meaning of "failure to successfully relocate" a historic structure. . Section 7.10.5(D), Historic Structure Relocation Bond: Revised to specify fair market value of the property, which includes the value of the land and any improvement such as the historic structure. . Section 7.10.11: Require that permits for both the relocation and foundation be issued concurrently, and that the final inspection for both permits occur within sixty (60) days of permit issuance. . Section 7.10.11(B): Remove proposed language which required that the historic structure be rebuilt in accordance with the previously approved plans. RECOMMENDATION Motion to Approve Ordinance No. 13-15 on Second Reading for the City -initiated amendments to the Land Development Regulations, revising Section 4.5.1(E)(6), Relocation; revising Section 7.10.5, Cash Deposit, Bond, or Insurance Required; and adding 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). itwebapp/NavusAgerdalPreview-as px?Item f D=9196&Meetirg1D=570 MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: May 17, 2015 SUBJECT: AGENDA ITEM 10.B. -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 4.5.1(E)(6)(f)1: 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. http:lfitwebapp/NuvusAgenda(Preview.aspx?Item1D=919CAMeeting1D=570 112 6/2312095 itwebapplNavusAgenda/Preview.aspx7ltemID=91%&MeetinglD 570 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. LEGAL DEPARTMENT REVIEW Approved as to form and legal and sufficiency. 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. http:lf twebapp/NovusAgendaJPreview.aspx?item I D= 9196&M eetinglD= 570 2J2 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 to address the unique issues associated with the relocation of historic buildings or structures 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 a 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 originating 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 an�: parts to be removed 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, and photographs of prior relocation projects completed by the contractor taken before and after the relocation. 2 ORD. NO. 13-15 5. A certified engineering report which includes: a. A relocation feasibility studv with an assessment of the building's structural condition to minimize any 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 any areas of concern, and how these areas will be addressed prior to the relocation. (di 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 originating site before undertaking the move, particularly 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 an: code violations applied to the structure and property, along with an explanation of an3pending violations or structure violations which have been issued within five (5) ,:ears of the application request. (e) Applications for a Certificate of Appropriateness for relocation shall be submitted concurrently with the application for a Certificate of Appropriateness for the new development on the originating site. (fl 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 Official. (1 If the originating site is to remain vacant for more than ninet,L(90) dvs following the relocation, the empty lot shall be sodded and 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 presently 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 originating site shall be maintained so as to remain in a condition similar to that which existed at the time of the application. (jl All structures to be relocated shall comply with the requirements of Section 7.10.11, "Moving of Building: Historic Structures". ORD. NO. 13-15 (k) Failure to Successfully Relocate Historic Structures: 1. The relocation of a historic structure is deemed successful when either no damage occurs during or as a result of the relocation or minimal damage occurs which is not deemed to compromise the integrit� (structurally and architecturally) of the structure, and when the relocation is completed in accordance with the approved Certificate of Appropriateness, including the associated Relocation Plan. a. If damage occurs during the relocation, then the property owner and/or applicant shall notify the Historic Preservation Planner and Chief Building Official to assist in determining if the damage has compromised the integrity of the structure, thereby deeming the relocation as unsuccessful. b. If a relocation is not successful, then the property owner and/or applicant shall notify the Historic Preservation Planner and Chief Building Official within twen -y four (24) hours of the failed relocation, or before the close of business 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 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 any_ 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 4 ORD. NO. 13-15 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, 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 an individuall,T�gnated 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 property which includes the value of the land and any improvements such as the historic structure, as determined by or through an MAI (Member of the Appraisal Institute) aaporaisal. The appraisal must be performed no more than sixj�: (60) dLprior 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 X)(6), prior to the issuance of a relocation permit. The final inspection for new foundation permits associated with a relocated structure shall occur concurrently with the final inspection for the relocation. The final inspection for the relocation and foundation permits shall be finalized within ninetL(90) calendar da,T� s of permit issuance. 5 ORD. NO. 13-15 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. ATTEST: City Clerk First Reading Second Reading M AYOR 6 ORD. NO. 13-15 MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: June 23, 2015 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JULY 7, 2015 ORDINANCE NO. 14-15 (SECOND READING) BACKGROUND At the first reading on June 16, 2015, the Commission passed Ordinance No. 14-15. DISCUSSION This ordinance is before Commission for second reading for 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). RECOMMENDATION Motion to Approve Ordinance No. 14-15 on second and final reading. AA'& itwebappiNavusAgendalPreview.aspx?Item ID=9197&MeetiVD=570 MEMORANDUM 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.- 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. htip:Ifitwebapp/NovusAgenda(Preview.aspx?ItemCD=9197&Meeting1D=570 112 6/2312095 itwebapplNovusAgenda/Preview.aspx7ltemID=9197&MeetinglD 570 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. LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. 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). http:lf twebapp/NovusAgendaJPreview.aspx?item I D= 9197&M eetingla= 570 2J2 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: 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 subiect 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 accomnanv the aoolication for a Certificate of ADDroDrlateness for demolition of The t3ve)t3e .�_ ffff eiz sit n 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 -- -- - - -- -- - -- - - --- -- --- -- - -- -- -- ----- - - -- - - - - - - - - ----- - -- - -- - - -- -- - - - - - - - - - - -- - -- -- -- - - - -- - - - - - No 1 1 1 1 1 1 1 1 -- - - - - - - --- - - --- - ._-- -- -- - -- - - - -- - - ------------ -- - - - -- -- - ._ IF, ._ (10) Request for Demolition Justification Statement: A justification statement shall accomnanv the aoolication for a Certificate of ADDroDrlateness for demolition of The t3ve)t3e .�_ ffff eiz sit n 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. 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. ATTEST: City Clerk First Reading Second Reading M AYOR 6 ORD. NO. 14-15 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 4.51(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". li 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). Cl 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; NIN st±uettff es ?vppize-,Ted fat! de±nahtian and awaiting issuance of a bu--Iding permit for the t-ede-eelapffie+�t sliag bee 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 archaeolop-ical sites. or buildings. structures. improvements. and an urtenances within historic districts shall be recrulated by the Historic Preservation Board and shall be subiect to the following requirements: (1) No structure within a historic district or on a histo.tic site shall be demolished before a Certificate of Appropriateness has been issued j2ursijant 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 A.ppxopriateness 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 has been issued for the alterations or redevelopment as described in the applicable Certificate of Appropriateness. 4 A1.1 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_ Officialdetermines that an unsafe building condition exists in accordance with Section 4.5.1 (G). 5 A Certificate of A ro 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 accotM)any 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. 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(B) (1)W. -�446 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 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 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)44 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 ownct, 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 accomhanv the annlication for a Certificate of Abbrooriateness for demolition of 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 w r • a 1 IM i — M-1 1 111111: _ _ i — i NO i — — — r (10) Request for Demolition Justification Statement: A justification statement shall accomhanv the annlication for a Certificate of Abbrooriateness for demolition of 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. (b) 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 12utt30ses 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 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 itTittiedifftely Rotify the Boafd of his fiftdings provide _the Board with a written statement, photo�naohs,and statement from the moverty owner to be mesented by the Chief Building Official at theT 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 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 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 , 2015. A'TTEST: City Clerk First Reading Second Reading M AYOR 6 ORD. NO. -15 MEMORANDUM TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: June 23, 2015 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JULY 7, 2015 ORDINANCE NO. 15-15 (SECOND READING) BACKGROUND At the first reading on June 16, 2015, the Commission passed Ordinance No. 15-15. DISCUSSION This ordinance is before Commission for 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 Motion to Approve Ordinance No. 15-15 on second and final reading. 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: 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 City Clerk First Readi Second Reading MAYOR ORD. NO. 15-15 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. E 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" 9 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 0 itwebappiNavLisAgerxialPreview.aspx?ItemfD=9237&Meet VD=570 MEMORANDUM 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.- 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). nttp:lrtwebappnvovusAgerda(Preview.aspx?IterntD=9237&Meeting1D=570 V2 6/2312095 itwebapplNovusAgenda/Preview.aspx7ltemID=9237&MeetinglD 574 LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. 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. http:lf twebapp/NovusAgendaJPreview.aspx?Item I a= 9237&M eetingli]= 570 2J2 MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: June 23, 2015 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JULY 7, 2015 ORDINANCE NO.17-15: CIVIL RIGHTS (SECOND READING) BACKGROUND At the first reading on June 16, 2015, the Commission passed Ordinance No. 17-15. RECOMMENDATION Motion to Approve Ordinance No. 17-15 on second and final reading. itwebappiNavLisAgerxialPreview.aspx?Item ID=9270&Meet VD=570 MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: June 5, 2015 SUBJECT: AGENDA ITEM 10.E. -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. http:/Atwebapp(NovusAgerdarPreview.aspx?Item ID= 9270&M eeti ngI 1) = 570 111 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, genetic 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. ATTEST: City Clerk First Reading Second Reading MAYOR 2 Ord. No. 17-15 Palm Beach County, FL Code of Ordinances Page 1 of 1 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. VIII, § 1(g). about:blank 6/5/2015 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. (S) 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 6/512015 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: 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 property. 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 housing facility publishes and adheres to policies and procedures that demonstrate the intent to provide housing for older persons. d. Housing sha[I 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 that the 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 anytime, 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 (3/4) 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 6/512015 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; (6) 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, PL 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, bold 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, orgender 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 anytime. (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 party 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 violation 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 fled 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:blank 61512015 Pahn 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 61512015 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 parry 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. (�) 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 anytime in its discretion, and upon the written request of a parry, 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 finds 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 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 Any person associated with that person. (8) 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 certaintythat 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 manner that: 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 that this 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 VIII, 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 61512015 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 802)). 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 6/5/2015 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 plan 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. National 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!512015 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; hemic 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) D1ViSION 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 shall 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 any time, 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-94-693, 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 shall 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 (h) of the meetings scheduled during a calendar year. Participation for less than three-fourths ('3/4) 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 6/5/2015 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 by the 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:blanlc 6/5/2015 Palm Beach County, FL Code of Ordinances Page 1 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 maybe 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 61512015 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 filed 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 parry, 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. 95-31, 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 parry 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 H 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 parry 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 party 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. Q) 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 apart 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 61512015 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 party 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 for 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 byjury 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 by jury. (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 61512015 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 6/5/2015 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 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 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.Annotaced Title XXXIII. Regulation of Trade, Commerce, Investments, and Solicitations (Chapters 1.9.;.-56o) Chapter 509. Lodging and Food Service Establishments; Membership Campgrounds (Refs & Annos) Part I. Public Lodging and Public Food Seivice Establishments West's F.S.A, § 509.092 5og.o92. Public lodging establishments and public food service establishments; rights as private enterprises Currentness Public lodging establishmcnts and public food service esta.b:ishrnents 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 I970, 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 XUV. Civil Rights (Chapters 760-',-55) Chapter 76o. Discrimination in the Treatment of Persons; Minority Represantation (Refs & Annos) Part I. Florida Civil Rights Act West's F.S.A. § 76o.ai 76o.oi. Purposes; construction; title Currentness (1) Sections 760.01-760.1 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 discringination 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 safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state. (3) The Florida Civil Rights Act of 1992 shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes 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 .l),cisions (:04) West's F. S. A. § 760.01, FL ST § 760.01 Current with chapters from the 2015 1st Reg. Sess, of the 241h Legisiature in effect through May 22, 2015 West's Florida Statutes Annotated 'Atle XL1V. Civil Rights (Chapters 760-766) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation (Refs & Annos) Part 1. Florida Civil Rights Act West's F.S.A. § 76o.o2 76o.o2. Definitions Effective: June 18, 2008 Currentness For the purposes of ss. 760.01-760.11 and 509.092, the tern: (1) "Florida Civil Rights Act of 1992" means ss, 760.01-760.11 and 509.092. (2) "Commission" means the Florida Commission on Human Relations created by s. 760.03. (3) "Conunissioner" 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, partnership, receiver, trust, trustee in bankruptcy, or unincorporated organization; any other legal or commercial entity; the state; or any governmental entity or agency. (7) "Smployer" means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. (8) "Employment agency" mcars any person regularly ;:ndertaking, 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, terms or conditions of employment, or other mutual aid or protection in connection with employment. (10) "Aggrieved person" means any person who files a compiairt with the Human Relations Commission, (:1) "Public 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, lurchroorn, 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 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, § 13.21'. ; 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 T'itlw XLIV. Civil Rights (Chapters 760-766) Chapter 76o. Discrimination in the Treatment of Persons, Minority Representa ion (Refs & Annos) Part I. Florida Civil Rights Act West's F.S.A. § 76o.021 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 Genera? may ale 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 an 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 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 Represertation (Reis & Annos) Pari I. Florida Civil ICghts Act West's F.S.A. § 760.03 760.03. Commission on Human Relations; staff Currexztness (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 _nernbers to serve as chairperson for terns of 2 years. (2) The members of the commission .rust be broadly representative of various racial, religious, ethnic, social, economic, political, and professional groups within the state; and at least one member of the commission must be 60 years of age or older. (3) Commissioners shall be appointed for terns 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 whom 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 attendance to commission duties and shall be entitled to receive per diene 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 employ a dcputy, attorneys, investigators, clerics, and such other personnel as may be necessary adequately to perform the hrncttons 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, § 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 :t ,r West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 76a-765) Chanter 76o. Discrimination in the Trea"rnent of Persons; Minority Representation (Refs & Armos) Parc I. Florida Civil Rights Act West's F.S.A. § 76o.04 76o.04. Commission on human Relations, assigned to Department of Manage.nent Services Currentness The commission created by s. 760,03 is assigned to the Department of Management Services. TI:e commission, in the performance of its duties 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.l977, § 13.231; Laws 1979, c. 79-:90, §§ 45, 56; Fla.St.1981, § 2.3.16-1.; 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 West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-765) Chapter 76o, Discvini iiation in the Treatment of Persons; Minorky Representation (Refs & 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 discrimination against, and antagonism between, religious, racial, and ethnic groups and their members. Credits Laws 1969, c. 69-287, § 4; Laws 1977, c. 77-34i, § 4; F1a.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 Florida Statutes Annotated Title XLIV. Civil Rights (Chap�ers 760-765) Chapter 76o. Discrimination in tile Treatment 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, locai commissions on human relations and to cooperate with individuals and state, local, and other agencies, both public and private, including agencies of the Federal Goveminent 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 deferred by the Florida Civil Rights Act of 1992. (6) To issue subpoenas for, administer oaths or affirmations 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, doceanents, 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. 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 :natter in question. Failure to obey the court's order may be punished by Chc 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 reasonab'.e 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 hake or arrange for studies appropriate to effectuate 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 leg?slation 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 the proceedings of the commission, in accordance with chapter 120. (13) To receive compiaints and coordinate all activities as required by the Whistle -blower's Act pursuant to ss. 1 12.3 i87-112.31895, —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; I'L.St.1981, § 23.166; Laws 1992, c. 92-177, § 5. Amended by Laws 1999, c. 99-333, § 26, eff. July 1, 1999. Notes of Decisions 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 760-76$) 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.o65 760.o66. Florida Civil Rights I.all of Farre Effective: July x, polo 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 Hall 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 infonnation regarding the mem�jces particular discipline or contribution and any vital information relating to the member. (3)(a) The commission shall annually accept nominations for persons to be recommended as members of the Florida Civil Rights Hall of Fame. The commission shall recommend 10 persons from which the Governor shall selectup to 3 hall -of -fame members. (b) In making recommendations pursuant to this subsection, the commission small recommend persons who are 18 years of age 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 Civil Rights Hall of Fame, excluding normal costs of operations, repairs, and maintenance of ti.e pubic area designated for the Florida Civil Rights Hall of Fame, which shall be the responsibility of the Department of Mariagenrient Services. �r�dits Added by Laws 201.0, c. 2010-53, § 1, eff. July 1, 2010,. West's F. S. A. § 760.065, FL ST § 760.065 Current with chapters from the 20 t 5 1st Reg. Sess. of the 24th Legislature in effect through May 22, 2015 West's Florida Statutes Annotated Title XLIV. Cis, it Rights (C:iapters 760-765) Chapter 76o. Discrimination in the'rreatmeni of Persons; Minority Reprasentation (Reis & Annos) Pay t 1. Florida Civil Rights ..ct West's F.S.A. § 760.07 76o.oi. Rerred.ies fog• unlawful discrimination Currentness 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, orpublic accommodations gives rise to a cause of action for all relief and damages described in s. 760.1 l (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 term "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 1907, 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 West's Florida Statues Annotated Title XLIV. Civil Rights (Ch.,Pp Ors 760-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation (Refs L Annos) Part 1. Florida Civil 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 fiill 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 of race, color, national origin, sex, handicap, familial status, or religion. Credits Added by Laws 2003, c. 2003-396, § 5, Off, JLlne 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 'Title XLIV. Civil Rights (ChapL-1rs'760-766) Chapter 76o. Discriminr_tion in the Treatment of Persons; Minority Representation (Refs & Annos) Part I. Florida Civil Rights flet West's F.S.A. § 76o.io 76o..lo. Unlawful employment practices Cureelntness (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 individuai'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 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, 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 an 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 opporgmities, 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 ernpioymei.t in, any program established to provide apprenticeship or other training. (5) Whenever, in order to engage in aprofession, occupation, or trade, it is required that a person receive a! icense, certi ication, or other credential, become a member or an associate of any 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, nationai origin, age, handicap, or marital status. (6) 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, classification, referral for employment, or apprenticeship or other train_ng, 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 beca..se that person has opposed any practice which is an unlawfi l 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, orjoint labor-management committee to: (a) Take or fat 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 bonafide 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 individ,:al has applied or in which such individual is engaged. This subsection shall not be construed to make unlawful the rejection or termination of employment wher.the individual applicant or employee has failed to mcet 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 2 years after October 1, 1981, whichever occurs first, not shall this act preclude such physical and medical examinations of applicants and employees as an employer may require of applicants and employces to determine fitness for the job or position sought or held. (c) Take or fail to take any action on thte basis of age, pursuant to law or regu'.ation governing any employment or training program designed to benefit persons of a particular age group. (d) Take or fail to tate any action on the basis of marital status if that status is prohibited under its antinepotism pdicy. (9) This section shall not apply to any religious corporation, association., educational institution, or society which conditions opportunities in tete area of employment or public accommodation to members of that religious corporation, association, educational institution, or society or to persons who subscribe to its tenets or beiiefs. This section 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. (10) Hach employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice provided by the commission setting north 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, § l; 198 1, § 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 (Chapters 760-/65) Chapter 760. Discrimination in the Treatment of Persons; Minority Representation (Refs 8r Annos) Pert I. Florida Civil Rights Act West's F.S.A. § 76o.ii 76o.ii. Administrative and eivil remedies; construction Effective: October i, 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, orjoint 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 fled 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, 1601.70-1641.$0. If the date the complaint is filed is clearly stamped on the face of the complaint, that date is the date of filing. 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 filed 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 shall be verified. (2) In the event that any other agency of the state or of any other unit of government of the state has jurisdiction of the subject :matter of any complaint filed with the corn -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 findings 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 (lie flung 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 determination, 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) Reques' an administrative hearing under ss. 220.569 and 120.57. The election by !be aggrieved person of filing 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 act -on 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 Legislature that this provision for attorney's fees be interpreted in a manner consistent with federal case law involving a Title VII action. The right to trial by jruy is preserved in any such private right of action in which the aggrieved person is seeking compensatory orpunitive damages, and any party may demand a trial by jury. The commission's detennination 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 brot.ght 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 small 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 adrministrative 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)(,1). 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 relief 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 final 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 all the parties. An administrative hearing pursuant to paragraph (4)(b) must be requested no later than 35 days after the date of determination 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 eosts. 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 VI1 action. (7) If the commission determines that there is not reasonable cause to believe t' at a violation of the Florida Civil Rights Act of 1992 has occurred, the commission steal: dismiss the complaint. The aggrieved person may request an administrative hearing under ss. 120.569 and 120.57, but any such request .gust be made within 35 days of the date of determination of reasonable cause and any such bearing 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 Civi: Rights Act of 1992 has occurred, 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, including back pay. Within 90 stays of the date the recommended order is rendered, the commission shall issue a final orderby adopting, rejecting, or modifying the recommended order as provided underss. 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 1 year of the date of the final order, a civil action under subsection (5) as if there has been a reasonable cause determination or accept the affirmative 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 180 days o' the filing of the complaint, an aggrieved person may proceed under subsection (4), as if the corrn.ission determined that there was reasonable cause. (9) No liability for back pay shall accrue from a date more than 2 years prior 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 miles 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, emaloyer, employment agency, labor organization, or joint labor-management committee shall be confidential and shall not be disclosed by the commission, except to the parties 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 VI1 action.. In the event the order of the court determines that a violation of the Florida. Civil Rig�ts 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 ander 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 civil action or admin'.strative proceeding brought purs..a.nt 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 mattcr of law constitute just or substantial carie 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, off. June 8. 2001; Laws 2004, c. 2004-11, § 97,. cff. Oct. 1, 2004. Notes of Decisions (13 1) West's F. S. A. § 760. i 1, FL ST § 760.11 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 of Persons; Minority Representation (Reis 8r Annos) Part II. Fair Housing Act West's F.S.A. § 76o.20 76o.2o. Fair Housing Act; short title Currentness Sections 760.20-760.37 may 6e cited as the "Fair Hozsing 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 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 of Persons; Minority Representation (Refs & Annos) Part II. Fair Housing Act West's F.S.A § 76o.21 76o.21. State policy on fair housing Currentness It is the policy of this state to provide, within constitutional Iimitatiors, for Fair housing throughout the state. Crediis Laws 1983, c. 83-22I, § 2. West's F. S. A. § 760.21, FL ST § 760.21 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 760-766) Chapter Tho. Discrimination in the Treatment of Persons; Minority Representation (Refs & Annos) Part II. 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 terns 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 construction 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 of such parent or other person. (6) "Family" includes a single individual. (7) "Handicap" means: (a) A person has a physical or mental 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 _rental impairment; 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 companies,;oint-stock companies, tmsts, arincorporated organizations, trustees, tr-ustees inbankruptcy, receivers, and fiduciaries. (9) "Substantially equivalent' means an administrative subdivision of the State of Florida meeting the requirements of 24 C.F.R. part 115, s. 115.6. (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 West's Florida Statutes Annotated Title XLIV. CiAl Rights (Chapters 76o -76E) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation (Refs 8r Annos) Part II. Fair Housing Act West's F.S.A. § 76o.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 o'; or otherwise to make unavailable or deny 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 prof t, to induce or attempt to induce any person to sell or rent any dwelling by a representation regarding the entry or prospective entry into (lie 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. 760.20-760.37 against discrimination on the basis of familial status apply to any person wino 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 unavailab:e 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 ,.e .�•'�. .. .'is%�, a< ... _. i:-. .. aLr. � �. .cs .l.. i. -, riV C...... ".i. � �'tj..�;: (c) Any person associated with the buyer or renter. (8) It is unlawful to discriminate against any person in the tel 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 constructed 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 sufficiently 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 dweEing. Z. Light switches, eiectrica€ outlets, thermostats, and other environmental controls in accessible locations. 3. Reinforcements in bathroom walls to allow 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 accessibi'.ity and usability for physically handicapped people, commonly cited as ANSI A117.1-1986, suffices to satisfy the requirements of paragraph (c). State agencies with building construction regulation responsibility or local govei iments, as appropriate, shall review the p?ans 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 West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-765) Chapter 76o. Discrimination in the 'Treatment of Persons; Minority representation (Refs 8r Annos) Part IL Fair Housing Act West's F.S.A. § 760.24 760.24. Discrimination in the provision of brokerage services Currentness It is unlawfLd 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_�inate against him or her in the terms or conditions of such access, membership, or participation, on account of race, color, national origin, sex, handicap, familial status, or religion. Credits Laws 1983, c. 83-221, § 7; Laws 1984, c, 84-117, § 3; Laws 1989, c. 89-321, § 3. Amended by Laws 1997, c. 97-102, § 1139, 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 .....L:u (1 h' .� c .i-.�, "1-:.i. .a 1..,�, r West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-76a) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation (Refs 8r Annos) Part II. Fair Housing Act West's F.S.A. §'760.25 76o.25. Discrimination in the financing of housing or in residential real estate transactions Currentness (1) It is uniawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise the business of which consists in whoic 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 the 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 in 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 unlawful 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 religion. (b) As used in this subsection, the term "residential real estate transaction' means any of the failowing: 1. The making or purchasing of loans or providing ot�er financial assistance; a. For purchasing, constructing, improving, repairing, or maintaining a dweliing; 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. 9027.75, § 17. Amended by Laws 1997,. c. 97-102, § 1140, off, 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, 20:5 West's Florida Statutes Annotated 'Title XLIV. Civil Rights (Chapters 76o-765) 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: duly i, 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 development, radits Added by L: ws 2000, c. 2000-353, 5 16, c.f. July 1, 2000. West's F. S. A. § 760.26, FL ST § 760.26 Cuirent 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 760-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation (Refs & Annos) Part It. Fair Housing Act West's F.S.A. § 760.29 76o.29. Exemptions Effective: J'u'y i, 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-family 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 with respect to one sale within any 24 -month period. In addition, the bona fide private individual owner shall: 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 hose shall be excepted from the application of ss. 760.2.0-760.37 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; 2, Has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or yenta. facilities or sales or rental services i. 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. 760.20-760.37 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 limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the saute religion or from giving preference to such persons, un"ess 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 constructed for first occupancy before March 13, 1491, to modify, alter, or adjust the dwelling in order to provide physical accessibi'.ity except as otherwise required by law. (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 determines 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 requirements 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 fatzre date, :hen that housing facility or community shai. be deemed housing for older persons intended and operated for occupancy by persons 55 years of age or older, If those documents `urther provide a prohibition against residents 16 years of age or younger, that provision shall be construed, for purposes of the Fair Housing Act, to only apply to residents i 8 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 :hat 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 rales made by the Secretary of the United States Department of fgousing and Urban Development pursuant to 24 C.F.R. part '-00 for verification of occupancy, which rules provide for verification by reliable surveys and affidavits and include examp:es of the types of policies and procedures relevant to a determination of compliance with the requirements of sub -subparagraph b. Such surveys and affidavits are admissible in administrative and JL,Aicial proceedings for the pv. poses 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 after October 1, 1989, does not meet the age requirements of this subsection, provided that any new occcpant meets such age requirements; or 2. One or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements ofthis si:bsection. (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 t^e exemption under this subsection relating to housing for older persons. For purposes 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 shah 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 conlm..nity. This registration and documentation shai: be renewed biennially fronl the date of original fling. The information in the registry shall be :made available to the public, and the commission shall include this information on an Internet 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 fine, not to exceed $500, on a facility or community that knowingly submits false information in the documentation required by this paragraph. Such fines shall be deposited in the commission's trust fund. The registration and documentation required by this paragraph shall not substitute for proof of compliance with the requirements of this subsection. Failure to comply with the requirements of this paragraph shall not disqualify a facility or community that otherwise qualifies 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 ofrea.l property from taking into consideration factors other than race, color, nations; 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 terancy 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 because skch person has been convicted by any 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. June 1], 1999; Laws 2001, c. 2001-143, § 4, eff. Oct. 1, 2001; Laws 2003, c. 2003-164, § 59, eff. July 1, 2003. Notos of Decisions (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 West's Florida Statutes Annotated Title XLIV, Civil Rights (Chapters 760-766) Chapter 76o. Discrimination in tha Treatment of Persons; Minority Representation (Regis & Annos) Part II. Fair Housing Act West's F.S.A. § 760.30 76o.3o. Administration o: ss. 76o.20 -76o.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 f-metions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certi'f'ying, reporting, or otherwise acting as to any work, business, or matter under ss. 760.20-760.37, �'recits Laws 1983, c. 83-221, § 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 .� ,... i... is C': West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-765) Chapter 760. Discrimination in the 'Treatment of Persons; Minority Representation (Refs 8r Annos) Part II. Fair 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 discriminatory 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 terns used wkh regard to handicapped accessibility, exceptions from accessibility requirements based on terrain or site characteristics, ard requirements related to housing far older persons. Commission riles shall specify the fee and the forms and procedures to be used for the registration required by s. 760.29(4)(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 T, „ West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 760-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Ropresentation (Refs &L Annos) Part II. Fair Housing .pct West's F.S.A. § 760.32 760.32. Investigations; subpoenas; oaths Currentness (1) In conducting an investigation, the commission shall have access at all 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 subpoepa. The commission shall grant the petition if it finds that Vie subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not 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 Current will: chapters from the 2015 1st Reg. Sess. of the 24;fh Legislature in effect through May 22, 2015 West's Florida Statutes Annotated Title XLIV, Civil Rights (Chapters 760-765) Chapter 760. Discrimination in the Treatment of t'ersons; Minority Representadoa (Refs �r Annos) Part II. Fair Housing Act West's F.S.A. § 760.34 760.34. Enforcement Effective: July 1, 2013 Currentness (1) Any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be inj tired by a discriminatory housing practice that is about to occur may 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 fumish 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 resolve 't. If the conn-nission 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, punishable as provided in s. 775.082 or s. 775.083. (2) A complaint under subsection (1) must be fled within I 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 re_-iedies provided in ss. 760.20-760.37, the commission shall notify the appropriate local agency of any complaint fled 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 even; 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) 11" within 180 days after a complaint is filed with the 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 named in the complaint or petition for an administrative determination pursuap_t 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 (i), 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 conics to trial, the commission shall immediately terminate all efforts to obtain voluntary cb!npliance. (7)(a) The commission may institute 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, the 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, if it is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhaasted its administrative remedies prior to bringing a civil action. The court may impose f nes as provided ir_ the local fair housing law. Credits Laws 1983, c. 83-221, §§ 9, 10; L-ws 1989,. c. 89-321, § 7; Laws 1994, c. 94-91, § 2; Laws 1996,. c. 96-406, § 418. Amended by Laws 1997, c. 97-102, § 1793, eff. July 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 a.. _- ..... .. i. _ ��.. .. .J.�.. i, [.: •. .• i .. West's :Florida Statutes Annotated TAIL XLIV, Civil Rights (Chapters 76o-765) Chapter 76o. Discrimination in the Treatment of Persons; Minority Representation (Refs & mn.os) Part II. Pair Housing Act West's F.S.A. g 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, encumbrance, 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. 760?.0-760.37 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 attorneys 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 commnission 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. (b) Administrative hearings shall be conducted pursuant to ss. 120.564 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 dat:nages and reasonable etorney's fees and costs. The cormm�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 final 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 tete can:nission in any appeal from a final order issued by the commission under this subsection,. Unless specifically ordered by the co -.rt, the commencement of an appeal does not suspend or stay an order of' he commission. (d) This subsection does not prevent any other legal o: administrative action provided by law. Credits Laws 1983, c. 83-22:, § 11; Laws 1.989, c. 89-321, § 8; LiNvs 1.996, c. 96-410, § 303. Amended by Laws 1997, c. 97-102. 1794, eff. duly 1, 1997. !Votes of Decisions (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 West's Florida Statutes Annotated Title XLIV. Civil Rights (Chapters 76o-765) Chapter 76o. Discrimination in the "Treatment of Persons; Minority Representation (Refs & Annos) Part II. 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. 760.1 ] (] 1) and (12), each conciliation agreement arising out of a complaint filed under the Fair Housing Act shall be made public unless the conip:ainant and the respondent otherwise agree and the commission determines that disclosure is not. required to further the parposes of the Florida Fair 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 Title XLIV, Civil Rights (Chapters 760-765) Chapter 76o. Discrimination in the Treatment of Persons; Minorky Representation (Refs � Annos) Part H. Bair Housing Art West's F.S.A. § 760.37 760.37• Interference, coercion, or intimidation; enforcement by administrative or civil action Currentness It is unlawful to coerce, intimidate, threaten, or, nterfere 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 civil action. Credits Laws 1983, c. 83-221, § 12; Laws 1989, c. 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